ROBERT AND KAY AUDE
I
1 ,
.A. Settlement Statement
U.S, Dep.-tment of Housing
and Url81 Development
OMB No. 2502-0265 (Exp. 12-31-86)
rLOIUOA TITLE & GUARANTY COMPANY
or PINELLAS COUNTY
B. T of Loan
1, 0 FHA 2, 0 FmHA 3, 0 Cony, Unins
4, 0 VA 3, 0 Cony, Ins,
6, File Number
7. Loan Number
8, MOftgege Insurence Case Number
88-28257 CS
0016008585
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
" ,o,c, " were aid outside the c10sin ; the are shown here for informational ur oses and are not included in the totals,
D. Name and Address of Borrower
E, Neme end A_eo. 01 Seller
F, Neme end Addr.. of Lender
ROBERT J. AUDE
KAY W. AUDE
1719 Brentwood Drive
Clearwater, Florida 34616
CITY OF CLEAR~vATER, A FIORI
MUNICIPAL CORPORATIOO
112 South Osceola Avenue
Clearwater, Florida 34616
FORTUNE SAVINGS BANK
2120 U. S. Highway # 19 - South
Clearwater, Florida 34646
G, Properly Locsllon
H, Seltlement Agent
1719 Brentwood Drive
Clearwater, Florida 34616
Florida Title & Guarant
I. Selllement Dete
Pl8ce 01 Selllement
2555 Enterprise Road - Suite 6
Clearwater, Florida 34623
5/19/88
J. Summary of Borrower's Transaction
100. Gross Amount Due From Borrower
K. Summary of Seller's Transaction
400. Gross Amount Due To Seller
101, Contract sales price 17 100.00 401, Contract sales orice 17,100.00
~02, Per~,>nal oroper!y 402, Personal orooertv
103, Sc;(lemer! charaes to borrower Iline 1400l 00(1 (1(1 403,
104, 404,
105, 405,
Adjustments for Items paid by seller In advance Adlustments for nems paid bv seller In advance
106, City/town taxes to 406, City/town taxes to
107, County taxes to 407, County taxes to
108, Assessments to 408, Assessments to
109, 409,
110, 410,
111, 411,
112, 412,
120. Gross Amount Due From Borrower 17,990.00 420. Gross Amount Due To Seller 17,100.00
200. Amounts Paid Bv Or In Behalf Of Borrower 500. Reductions In Amount Due To Seller
201, DeDos~ or earnest money 1. 710.00 501, Excess deoosit (see instructions) 1,710.00
202, Princioal amount of new loanls) 17.750.00 502, Settlement charaes to seller (line 1400) 4100
203, Existina loan Is) taken subiect to 503, Existina loan Is) taken subiect to
204, 504, Payoff of first mortnane loan
205, 505, Payoff of second mortaaae loan
206, 506,
207, 507,
208, 508,
209, 509,
Adjustments for Items unpaid bv seller Adlustments.fdr nems unnald bv seller
21.0, City/town taxes to 510, City/towJfl~es to
211, County taxes 1/1 to 5/19/88 -u- 511, CountV'taxes 1/1 to "57T9T88' 'U'
212, Assessments to 512, Assessments to
213, 513
214, 514,
215, 515, RECORDING OF DECLARATION
216, / 516, OF UNITY OF TITLE 10.50
217, 517,
218, 518,
219, 519,
220. Tolal Paid By/For Borrower 19,460.00 520. Total Reduction Amount Due Seller 1, 761. 50
300. Cash At Settlement From/To Borrower 600. Cash At Settlement To/From Seller
301, Gross Amount due from borrower (line 120) 1/ ,~~u.uu 601, Gross amount due to seller /line 420) l/,lUU.UU
302, Less amounts oaid by/for borrower lIine220) 19,460.00 602, Less reductions in amI. due seller lIine 520) 1, /bl.:JU
303, Cash o From ~To Borrower 1.470.00 603. Cash ~To o From Seller 15,338.50
Previous Edition is Obsolete
RESPA,HB 4305.2
HUD-l (3-86)
FTG #33
I ~ ~ 0;< 5 (t.'/J
~--- ---------
%=
Paid From
Borrowers
Funds at
Settlement
Paid From
Seller's
Funds at
Settlement
701, $
702, $
703, Commission aid at Settlement
704, Sales Tax
to
to
%
%
FORrUNE SAVIN;S BANK
266.25
to
to
,/
900. Items R ulred B Len~r To Be Paid In Advance
901, Interest from to $
902, Mort a e Insurance Premium for
903, Hazard Insurance Premium for One
904,
905,
1000. Reserves De oslted With Len~r
1001, Hazard Insurance
1002, Mort a e Insurance
1003. Cit ro ert taxes
1004, Count ro ert taxes
1005, Annual assessments
Ida
P.O.C.
1006,
1007,
1008,
1100. Title Char es
1101, Settlement or c10sin fee to
1102, Abstract or title search to
1103, Title examination to
1104, Title insurance binder to
1105, Document re aration to
1106, Notar fees to
1107, Attorne 's fees to
Includes above items numbers:
1108, Title insurance to: FLORIDA TITLE & GUARANTY CO,
Includes above ite s numbers:
1109, Lender's covera e $
1110. Owner's covera e $
1111, Munici al Assessment Search to
1112, Disbursement fee to
1113, IRSReporting FLDRIDA TITLE AND GUARANTY COMPANY
months
months
months
months
months
months
35.00
: Releases $
19.50
6.00
120 75
FUTURE SATISFACTION/RECORDING
1300. Addition Settlement Char es
1301, Surve to
1302, Pest Ins ection to
1303, Sales Tax On Title Services
1304, DELIVERY CHARGE FLORIDA TITIE
1305, 1987 PROPERTY TAXES ARE PAID IN FULL
6.00
7.00
1400. Total Settlement Charges (enter on line 103, Section J and 502, Section K)
890.00
41. 00
I have carefully reviewed the HUD-1 Settlement Statement and to the best
of my knowledge and belief, it is a true and accurate statement of all
receipts and disbursements made on my account or by me in this
transactio her certify that I have received a copy of the HUD-1
Settle nt State en!.
The HUD-1 Settlement Statement which I have prepared is e, true and
accurate account of this transaction, I have caused or will caUS'J the funds
to be disbursed in accordance with this statement.
BY: ~:n IfGAJ'rYfl-t-iJ.cu L fl19/88
~LEMENT AGENT Date
WARNING: It is a crime to knowingly make false statements to the United States on this or any other similar form. Penalties upon conviction can include a
fine and imprisonment For details see: Title 18 U) Code Section 1001 and Section 1010,
CITY OF CLEARWATER, A
FIDRIDA MUNI IPAL CORPORATION
FLDRIDA TITIE AND GUARANTY CO.
I
AFFI DAVIT
J I
STATE OF FLORIDA
COUNTY OF PINELLAS
Before me a duly commissioned Notary Public within and for the State and County aforesaid, personally
appeared * who, after being duly
sworn as required by law, deposes and says: * CITY OF CLEARWATER, A FIDRIDA MUNICIPAL CORPORATION
That he is the owner of the following described lot, parcel or tract of land, situate, lying and being in the County of
Pinellas and State of Florida, more particularly described as follows, to-wit:
North Seventyeight (78) feet of West Seventysix (76) feet of East One Hundred Seventy
(170) feet of Lot Four (4) in Block "D" of OAK ACRES ADDITION, according to the llB.p
or plat thereof as recorded in Plat Book 32, Page 70, of the Public Records of Pinellas
County, Florida.
Also, an easement for the purposes of ingress and egress over Parcel B, a strip immed-
iately East of the tract above described as Parcel A, said strip being Ten (10) feet
in width and Seventy (70) feet in leHgth, more particularly described as follows:
Begin at the Northeast corner of the al:x:>\e-described Parcel A, and thence run South
along the East boundary of said tract a distance of Seventy (70) feet; thence East
Ten (10) feet; thence North Seventy (70) feet to the North boundary line of said Lot
(4); thence West to the Point of Beginning.
..
That this Affidavit is made for the purpose of inducing
ROBERT J. AUDE and KAY W. AUDE, His
Wife
to purchase said property;
That no "NOTICE OF COMMENCEMENT' as defined by Sec. 713.13, Florida Statutes Annotated, has been filed or
will be filed prior to the recording of a mortgage covering the above described property from
, to
dated
in the original sum of $
That there is no outstanding unrecorded contract for sale of the above described premises to any person or
persons whomsoever nor any unrecorded deed or other conveyances affecting the title to the above-mentioned and
described property, and that no persons other than affiants are in possession of the above described property.
That there are no unrecorded labor, mechanics or materialmen's liens against the property and no material has
been furnisned or labor performed upon the property which has not been paid for in full.
That there are no liens or assessments of any nature pending or assessed for sanitary sewers, paving, side-
walks or other public utilities that have been installed or are to be installed in the future, and that there are no munici-
pal liens or assessments outstanding against said property.
That there are no claims whatsoever of any kind or description against the furniture, fixtures and equipment
located in the improvements thereon.
I make this affidavit for the express purpose of inducing Safeco Title Insurance Company to issue title insur-
ance on the above described premises and I make this affidavit under the full apprehension of the law, in those cases
made and provided with reference to my liability for any misrepresentation hereunder, and I make this affidavit with
the intent that full faith and credit is to be given to the contents thereof, by Safeco Title Insurance Company, its agents
or its attorneys.
Further affiant saith not
CITY OF CLEARWATER, A FIDRIDA
MUNICIPAL CORPORATION
BY: /s/ Miles A. Lance
Subscribed and sworn to before me this day, the
of
MAY
,19~
My commission expires:
FTG #30
Notary Public
FLORIDA TITLELGUARANTY CO.
2555 Enterprise Road - Suite 6
1
Clearwater, Florida 34623
Legal Description: Parcel I
See Attached
File No,:
88-28257 CS
AGREEMENT BETWEEN BUYER AND SELLER
(NO TAX PRORATION DUE)
To Whom It May Concern:
1. It is agreed by the undersigned that the proration of real estate taxes stated in the
Closing Statement prepared for them is based on the best information available from the
taxing authorities and is considered final.
Should any action by the taxing authorities result in material differences in the final
real esta te taxes, which indicates an adjustment would be in order in either the buyer's or
sellers favor, it is understood and agreed that any adjustment in the proration of taxes
will be settled between the buyer and seller, and that Florida Title & Guaranty Company
will be held harmless therefrom.
2. It is agreed by the undersigned that Florida Title & Guaranty Company assumes no
liability for payment of any utility, garbage, pollution, or sewer bills that may be due and
payable against the premises conveyed. .
3. It is further agreed that any Tangible Personal Property taxes that are now or may be
later levied or assessed for any personal property that may be included in this
transaction shall be settled between the buyer and seller, and that Florida Title &
Guaranty Company shall be held harmless therefrom,
Witness:
/s/ Robert J. Aude
Buyer: ROBERT J. AUDE
/s/ Kay W. Aude
Buyer: KAY W. AUDE
CITY OF CLEARWATER, A FLORIDA MUNICIPAL
ffiRPORATION
Seller:
'...
Witness:
BY: /s/ Miles A. Lance
Seller:
.
Sworn to and subscribed before me this
day of
MAY
88
,19_.
Notary Public
My Commission Expires:
Fl'G ~41 R2i83
FO~ W - 9
(Rev: July 1984)
Department of the Treasury
Internal Revenue Service
I Payer's Request for Taxpayerl
Identification Number and Certification
Give This Form
to the Payer,
Middleman. Broker,
or Barter Exchange
.. I' Name as shown on account (If 10lnt account, list first and circle the name of the person or entity wnose numoer you enter In Part I below)
~ CITY OF OEARWATER, A Florida Municipal Corporation
~ I Address
'! 112 South Osceola Avenue
5 I City, State, and ZIP code
~I Clearwater, Florida 34616_
list account number(s)
here ~
Iml Taxpayer Identification Nu",.ber--F1)r All Accounts
Enter your taxpayer identification number in
the appropriate box, For most individuals, this
is your social security number, If you do not
have a number. see How to Obtain a TIN,
Note: If the account is in more than one name,
see the chart on page 2 for guidelines on which
number to give the payer,
I Social security number
OR
!EmPIOyer identification number
59 6000289
IZDD,
For Payees Exempt From
Backup Withholding (See
Instructions)
I
Certification.-Under penalties of perjury, I certify that:
(1) The number shown on this form is my correct Taxpayer Identification Number (or I am waiting for a number to be issued to me), and
(2) I am not subject to backup withholding either because I have not been notified by the Internal Revenue Service (IRS) that I am subject
to backup withholding as a result of a failure to report all interest or diVidends, or the IRS has notified me that I am no longer subjectto
backup Withholding, ,
Certification Instructions.-You must cross out item (2) above if you have been notified by IRS that you are subject to backup
withholding because of underreporting interest or dividends on your tax return, However. if after being notified by IRS that you were
subject to backup withholding you received another notification from IRS that you are no longer subject to backup withholding, do not cross
out item (2), (Also see Certification under Specific Instructions,)
Please
Sign
Here Signature ~ I sl Miles A. Lance Date ~ May 18th, 1988
Instructions
(Section references are to the Internal Revenue
Code,)
Purpose of Form
Complete this form and give it to the payer of
interest. dividends, and certain other payments
(including broker and barter exchange
transactions) so that you will not be subject to the
20% backup withholding that became effective
January 1, 1984,
Use this form to report and certify your
taxpayer identification number (TIN) to the payer.
to certify that you are not subject to backup
withholding because of underreporting interest
and dividends on your tax return. and to claim
exemption from backup withholding if you are an
exempt payee,
If you do not complete this form prop.J!y and
return it to the payer. the payer may be reqUired
to Withhold 20% of payments maOe to you,
Note: If a payer gives you a form other than a
W9 to request your TIN, you must use the
payer's form,
What Is Backup Withholding
The Interest and Dividend Tax Compliance Act of
1983 requires payers to withhold and pay to IRS
20% of payments of interest. dividends. and
certain other payments under certain conditions,
ThiS IS called "backup withholding," If you give
the payer your correct TIN, certify your TIN when
reqUired. and report all your taxable Interest and
diVidends on your tax return, your payments Will
not be subject to backup Withholding,
Payments you receive will be subject to
baCkup withholding If:
(1) You do not furnish your TIN to the payer. or
(2) IRS notifies the payer that you furnished
an incorrect TIN. or
(3) You are notified by IRS that you are
subject to baCkup withholding because you failed
to report all your interest and diVidends on your
tax return (for interest and dividend accounts
only). or
(4) You fall to certify to the payer that you are
not sublect to backup Withholding under (3)
above (for Interest and dividend accounts opened
after 1983 only), or
(5) You fail to certify your TIN, This applies
only to interest. dividend. broker, or barter
exchange accounts opened after 1983, or broker
accounts considered inactive in 1983,
For other payments. you are subject to backup
withholding only If (1) or (2) above applies,
Certain payees and payments are exempt
from backup Withholding and information
reporting, See Payees and Payments Exempt
from Backup Withholding. on this page, and
Exempt Payees and Payments unoer SpecifiC
Instructions. on page 2. if you are an exempt
payee,
How to Obtain a TIN
If you do not have a TIN, you should apply for one
immediately, To apply for the number obtain
Form 55-5. Application for a SOCial Security
Number Card (for indiViduals), or Form 55-4.
Application for Employer Identification Number
(for bUSinesses and all other entities), at your
local office of the SOCial Securltv Administration
or the Internal Revenue Service, Complete and
file the appropriate form according to ItS
instructions,
If you do not have a TIN, write "Applied For"
in the space for the TIN in Part I. sign and date
the form, and give it to the payer, You will then
have 60 days to obtain a TIN and furnish it to the
payer. During the 60-day period. the payments
you receive will not be subject to the 20% backup
Withholding, However. If the payer does not
receive your TIN from you within 60 days. backup....
Withholding will begin and continue until you
furnish your TIN to the payer.
Note: Writing "Applied For" on the form means
that you have already applied for a TIN, OR that
you Intend to apply for one in the near future,
As soon as you receive your TIN. complete
another Form W,9. include your new TIN, sign
and date the form. and gIVe it to the payer,
Payees and Payments Exempt from
Backup Withholding
The follOWing lists payees that are exempt from
baCkup withholding and information reporting,
For Interest and dividends, all listed payees are
exempt. For broker transactions. payees listed In
(1) through (13), and a person registered under
the Investment AdVisers Act of 1940 who
regularly acts as a broker are exempt. Payments
sublect to reporting under sections 6041 and
6041A are generally exempt from backup
Withholding only if paid to payees deSCribed in
items (1) through (6), except that a cor!,oratlon
that proVides medical and health care services or
bills and collects payments for such services is
not exempt from backup Withholding or
information reporting, Only payees deSCribed in
Items (2) througn (6) are exempt from backup
Withholding for parter excnange transactions,
patronage diVidendS, and payments by certain
fishing boat operators,
Form W-9 (Rev, 7,84)
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. WARRA~TY DEED
(FROM CORPORATION)
I
I
-<fe:?
This Warranty Deed Made and executed the 14thdayof April
CITY OF CLEARWATER, FLORIDA,
A.D. 1988 by
municipal
aI corporation
existing under the laws of Florida , and having its principal place of business at
112 S. Osceola Avenue, Clearwater, Florida 34616,
hereinafter called the grantor, to ROBERT J. AUDE and KAY W. AUDE, his wife,
whosepostofficeaddressis 1719 Brentwood Drive, Clearwater, Florida 34616,
hereinafter called the grantee:
(Wherever used herein the terms "grantor" and "grantee" include all the Ilartles to this instrument and
the heirs. legal representatives and aU'gns of Individuals. and the successors and assJgns of corporations)
Witnesseth: That the grantor, for and in consideration of the sum of $ 1 7 , 100.00 and other
valuable considerations, receipt whereof is hereby acknowledged, by these presents does grant, bargain,
sell, alien, remise, release, convey and confirm unto the grantee, all that certain land situate in
Pine lIas County, Florida, viz:
Parcel A: North seventy-eight (78) feet of West seventy-six (76) feet of East one
hundred seventy (170) feet of Lot 4, Block D, Oak Acres Addition, according to the
map or plat thereof as recorded in Plat Book 32, page 70, of the Public Records of
Pine lIas County, Florida.
Also, an easement for the purposes of ingress and egress over Parcel B, a strip
immediately East of the tract above described as Parcel A, said strip being ten (10)
feet in width and seventy (70) feet in length, more particularly described as follows:
Parcel B: Begin at the Northeast corner of the above-described Parcel A, and thence
run South along the East boundary of said tract a distance of seventy (70) feet;
thence East ten (10) feet; thence North seventy (70) feet to the North boundary line
of said Lot 4; thence West to the POINT OF BEGINNING.
Subject to easements and restrictions of record.
Together with all the tenements, hereditaments and appurtenances thereto belonging or in anywise
appertaining.
To Have and to Hold, the same in fee simple forever.
And the grantor hereby convenants with said grantee that it is lawfully seized of said land in fee
simple; that it has good right and lawful authority to sell and convey said land; that it hereby fully
warrants the title to said land and will defend the same against the lawful claims of all persons whom-
soever; and that said land is free of all encumbrances
(CORPORATE SEAL)
In Witness Whereof the grantor has caused these presents to be executed
in its name, and its corporate seal to be hereunto affixed, by its proper ot/icers
thereunto duly authorized, the day and year first above written.
CITY O~RWATER.~L~;
By: /?f- L r-r./t..----
City Manager
Attest: e
\..- \) ..
'-'-.'"
~~, jJL"'"
City Clerk
n
'_Y'.l C'"",_ .
\.
STATE OF FLORIDA
COUNTY OF PINELLAS
C!.L'D1c/
, Ro~
OflU- 4/&.0/8')"
I HEREBY CERTIFY. tha, on thi. /0L davof i. 0 19 if" . bdote me
personally appeared Ron E. Rabun. M. A. Galbrait , />,r., ...ynt a,.!.. ouaeau,
and Rita Garvev. respectively City Manager. City Attorne:-",
City Clerk and Mayor-Commissioner of the City of Clearwater. a municipal corporation existing under the laws
of the State ,of Florida, to me known to be the individuals and officers described in and who executed the fore-
going conveyance, and severally acknowledged the execution thereof to be their free act and deed as such
officers thereunto duly aUthorized: and that the official seal of said municipal COiporarion is duly affixed
thereto. and the said conveyance is the act and deed of said corporation.
WITNESS my signature and official seal at Clearwater in the County of Pinellas ar.d Scare of Florida. the
day and year last above written. ,.. ,/
---- '- ~ /().
'(.d/C-L-" i2.L:!:::i..--?t?t..,( AJL.LL/(,-tL-.
N rary ublic Slf'e of Florida at Large
Mv Commission Ex pires: Jllolilry, fuhli., SI~le 0/ lk.;,da
' M'I (omulI55lUIT Expires July lL, mla
.II;.-. .onded Ttuu fro>, hin - In5lHdnc:e. Inc.
"
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AGREEMEHTPOR PURCHASE AND SALE OF REAL PROPERTY
TIDS AGREEMENT, made and entered into this 21/17 day of
fflAIVI
, 1988, by and between the CITY OF CLEAR WATER, FLORIDA,
a municipal corporation, hereinafter referred to as "Seller," and ROBERT J. AUDE and
KA Y W. A UDE, his wife, whose address is 1719 Brentwood Drive, Clearwater, Florida
34616, hereinafter referred to as "Purchaser;"
WITNESSETH:
That in consideration of the payments and covenants herein provided, and other
good and valuable considerations, Seller agrees to sell and Purchaser agrees to buy the
real property ("Property"), situate in Pinellas County, Florida, described as follows, to
wit:
Parcel A: North Seventy-eight (78) feet of West Seventy-six (76) feet of
East One Hundred Seventy (170) feet of Lot Four (4) in Block "D" of Oak
Acres Addition, according to the map or plat thereof as recorded in Plat
Book 32, page 70, of the Public Recor<E of Pinellas County, Florida.
Also, an easement for the purposes of ingress and egress over Parcel B, a
strip immediately East of the tract above described as Parcel A, said strip
being Ten (10) feet in width and Seventy (70) feet in length, more
particularly described as follows:
Parcel B: Begin at the Northeast corner of the above-described Parcel A,
and thence run South along the East boundary of said tract a distance of
seventy (70) feet; thence East ten (10) feet; thence North seventy (70) feet
to the North boundary line of said Lot Four (4); thence West to the Point of
Beginning.
1. Pu.rehase Priee; ClDIlIlCiDg. The total purchase price of the Property shall be
in the sum of Seventeen Thousand One Hundred Dollars ($17,100.00), of which ten
percent or $1,710.00 is payable on the signing of this Agreement, and the balance is
payable in full at closing, subject to adjustments and prorations. This Agreement is
conditioned upon Purchaser obtaining conventional financing through a third-party
loan, at an interest rate not to exceed 9.5% (variable) or 10.75% (fixed), term of 20 ~ hIn
ertf/lt f fi",/"!' ""''"'
years. Purchaser will make application for such loan within ~ ~ days from the datw.'4,
of this Agreement and will use reasonable diligence to obtain said loan. Should Or- '
Purchaser fail to obtain said loan or to waive Purchaser's rights hereunder prior to
closing, either party may cancel this Agreement.
2. Closing Date. The closing shall be within sixty (60) days following the date of
the full execution of this Agreement, unless extended by other provisions of this
Agreement or by the mutual consent of the parties.
3. Conveyance; zoning requirements. Seller agrees to convey fee simple title to
the Property to Purchaser by statutory Warranty Deed, free and clear of all liens and
-1-
(}t! '. ~~kJ
() ~ ,3/lbIR~
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encumbrances, except those set forth in this Agreement, if any, and those otherwise
accepted by Purchaser. The Property shall be conveyed subject to applicable zoning
requirements of the City of Clearwater. The Seller does not warrant or represent that
the Property may be developed without variances or other governmental approvals.
Required variances may include variances as to lot depth and total lot area. The
Seller does not guarantee that required variances will be granted. This conveyance is
not contingent upon any such variances.
4. Title Insurance. Purchaser agrees to purchase at its expense a title insurance
policy from a Florida licensed title insuror and to obtain with reasonable diligence, but
not less than twenty (20) days prior to closing, a commitment for title insurance in the
amount of the purchase price, which commitment shall show a marketable,
unencumbered, fee simple title to the Property in the Seller, subject only to zoning,
restrictions of record, taxes for 1988 and subsequent years, and public utility
easements or claims of easements; and to liens, encumbrances, exceptions or
qualifications set forth in this Agreement, and those which shall be discharged by
Seller at or before closing. The Purchaser shall have a reasonable time after the
delivery of said commitment for the examination thereof and within said period but
not less than ten (10) days prior to closing shall notify the Seller in writing of any
objections to said title. If such notification is not given within the time specified
herein, then the title shall be conclusively deemed to be acceptable to the Purchaser.
In the event that the title of the Seller is not good and marketable, the Seller shall
have a reasonable time thereafter, but not more than one hundred twenty (120) days
from receipt of notice from the Purchaser, to make a diligent effort to perfect the
title; and if the defects are not cured within such time, the Purchaser may either
cancel this Agreement or waive the defects and accept the Property without deduction
on account of said defects.
5. No Brokers. Each party affirmatively represents to the other party that no
brokers have been involved in this transaction and that no broker is entitled to
payment of a real estate commission because of this transaction.
6. Documents for Closing. Seller shall furnish deed, mechanic's lien affidavit,
and any corrective instruments that may be required in connection with perfecting
title, together with the closing statement. Purchaser shall furnish a declaration of
unity of title, as described herein.
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7. Declaration of unity of title. Purchaser shall execute a declaration of
unity of title, in a form acceptable to Seller and suitable for recording, declaring that
the Property and Lot 3, Block D, Oak Acres Addition Replat, now owned by Purchaser,
shall hereafter be regarded as and declared to be unified under one title as an
indivisible site, and that no portion thereof shall be sold, assigned, transferred,
conveyed or devised separately except in its entirety as one plot or parcel of land.
Said declaration of unity of title shall be recorded in the public records of Pinellas
County, Florida, and shall constitute a covenant to run with the land, and shall be
binding upon the Purchaser and the heirs, successors and assigns of the Purchaser, and
all parties claiming under them until such time as the same may be released of record
by and with the consent of the Seller. The parties expressly acknowledge and
understand that the provisions of this paragraph shall survive closing.
8. Survey. Purchaser may obtain at its expense a survey. If the survey shows
any encroachment on the Property or that improvements intended to be located on the
Property encroach upon setback lines, easements, lands of others, or violate any
restrictions, covenants or applicable governmental regulations, the same shall be
treated as a title defect if brought to the attention of the Seller not less than ten (10)
days prior to closing.
9. Expenses. The Purchaser shall pay for the documentary stamps to be placed
on the Warranty Deed and the costs for recording same. The Seller shall pay only the
cost of recording any instruments that may be required in connection with perfecting
the title.
10. Certain Rights Reserved. As required by Section 270.11, Florida Statutes,
the Seller reserves unto itself and its successors an undivided three-fourths (3/4)
interest in, and title in and to an undivided three-fourths (3/4) interest in, all the
phosphate, minerals, and metals that are or may be in, on, or under the real property
described herein, and an undivided one-half (1/2) interest in all the petroleum that is
or may be in, on, or under said property with the privilege to mine and develop the
same.
11. Penons Bound; Agreement Not Assignable. This Agreement shall be binding
on the parties hereto and their respective personal representatives, heirs, executors,
administrators, and successors. Neither this Agreement nor any rights hereunder shall
be assignable.
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12. Agreement Not Recordable. Neither this Agreement nor any notice thereof
shall be recorded in the public records of Pinellas County, but this Agreement shall be
deemed a record available for public inspection in the offices of the Seller pursuant to
the Public Records Law of Florida.
IN wrnmss WHEREOF, the parties hereto have set their hands and seals the day
and year first above written.
Approved as to form
and correctness:
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WITNESSES:
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As to Purchaser
A -1 :31
CITY OF CLEARWATER, FLORIDA
By: SJ i:}nra.:Ji:::
(/- Interi~ CitY'~?~~~~_r .
Attest: -.'..-- "-:.-~/
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PURCHASER
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