SUZANNE SYVOLAVONG
RETURN TO:
Somers Title Company
1290 Court Street
Clearwater, FI. 33756
FILE NO. 04010017c
IParcel No. 23-29-15-16448-000-0020
I
SPECIAL WARRANTY DEED
I
Made this 10th day of February 2004 by the CITY OF CLEARWATER, FLORIDA, a
Municipal Corporation of the State of Florida, hereinafter called the "Grantor", to
SUZANNE SYVOLAVONG, a married woman, hereinafter called the "Grantee", whose
Post Office address is: 5842 11 yth Avenue North, Pinellas Park, Fl. 33782.
(Whenever used herein the term "grantor" and "grantee" include all the parties to this instrument, as defined herein, and the heirs,legal
representatives and assigns of individuals, and the successors and assigns of corporations)
Witnesseth, that the grantor, for and in consideration of $10.00 and other valuable
considerations, receipt whereof is hereby acknowledged, hereby grants, bargains, sells,
aliens, remises, releases, conveys and confirms unto the grantee, all that certain parcel of
real property situate in Pinellas County, Florida, viz:
CLEARWATER ESTATES, Lot 2, according to the plat thereof as
recorded in Plat Book 127, Pages 18 & 19, Public Records of Pinellas
County, Florida.
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.
Subject to nondelinquent ad valorem taxes and current installments of special
assessments not yet due and payable, if any, and to highways, rights-of-way, licenses,
easements and restrictions of record generally, zoning ordinances and other
governmental limitations, or others which might be disclosed by an accurate inspection
and architectural survey.
And the said Grantor does specifically warrant the title to said land and will defend the
same against the lawful claim of all persons claiming by, through or under Grantor except
taxes for the year 2004 and subsequent, and subject to the matters hereinabove
mentioned.
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 officers thereunto duly
authorized, the day and year first above written,
Signatories: Special Warranty Deed
Fr: City of Clearwater, Florida
To: Suzanne Syvolavong
RE: Parcel No, 23-29-15-16448-000-0020
Countersigned:
CITY OF CLEARWATER, FLORIDA
~-~-
Br' n . Au s
Mayor-Co missioner
BY:~u....13. ~ ""If
William B, Horne, II
City Manager
Attest:
STATE OF FLORIDA
.~
: ss
COUNTY OF PINELLAS
BEFORE ME, the undersigned, personally appeared Brian J. Aungst, Mayor-
Commissioner of the City of Clearwater, Florida, who executed the foregoing instrument
and acknowledged the execution thereof to be his free act and deed for the use and
purposes herein set forth, and who is personally known to me.
yL
WITNESS my hand and official seal this 10 day of February 2004,
QaA, A l,kvV ~ ~ My Commission Expires:
Notary Publi~--iJat~ of Florida
Print/type name:
.";:~~rU"" Carolyn L Brink
~:~"Ji.~,: MY COMMISSION # 00203569 EXPIRES
\~:.~-~.J May 22. 2007
"11:(oi''io.'t.- 60NDEDTHRUTROYFAIN INSURANCE INC.
"1,,,,.\
STATE OF FLORIDA
: ss
COUNTY OF PINELLAS
BEFORE ME, the undersigned, personally appeared William B. Horne, II, the City
Manager of the City of Clearwater, Florida, who executed the foregoing instrument and
acknowledged the execution thereof to be his free act and deed for the use and purposes
herein set forth, and who is personally known to me.
y..t.,
WITNESS my hand and official seal this / () day of February 2004.
G dI}. ~ My Commission Expires:
Notary PU~f Florida
Print/type name:
9-7
Laura Lipowski, Assistant City Attorney
I
I
Carolyn L Brink
MY COMMISSION # 00203569 EXPIRES
May 22, 2007
80NDiD THRU TROY FAIN INSURANCE. INC.
Approved as to form:
f,.;inted oii'yeb 04, 2004 @ 13:25)
A.
US Department of Housing and Urban Development
SETTLEMENT STATEMENT
OMS No. 2502-0265
1. [] FHA 2. [] FmHA 3. [] Conv. Unins.
4, VA 5. Conv, Ins,
6. File Number:
04010017c
7. Loan Number:
C. NOTE: This fonn is furnished to give you a statement of actual settlement costs. Amounts paid to and by the settlement agent are shown. ]terns marked 'poe were paid outside the closing: they are shown here for information
D. NAME AND ADDRESS OF BORROWER:
Suzanne Syvolavon 5842 117th Avenue N. Pinellas Park, FL 33782
E. NAME AND ADDRESS OF SELLER:
City of Clearwater PO BOX 4748 Clearwater, FL 33758
F. NAME AND ADDRESS OF LENDER:
G. PROPERTY LOCATION:
Clearwater Estates, Lot 2 Clearwater, FL
H. SETTLEMENT AGENT:
PLACE OF SETTLEMENT:
SOMERS TITLE COMPANY 1290 COURT STREET CLEARWATER,
FL 33756
DISBURSEMENT DATE:
2113/04
SOMERS TITLE COMPANY 727-441-1088 Contact:
I. SETTLEMENT DATE:
2113/04
I J, SUMMARY OF BORROWER(S) TRANSACTION
100 GROSS AMOUNT DUE FROM BORROWER'
I K. SUMMARY OF SELLER(S) TRANSACTION
400. GROSS AMOUNT DUE TO SELLER :
10 I. Contract sales price 50,499.00 401. Contract sales price 50,499.00
102. Personal Propertv 402. Personal Property
103. Settlement charges to borrower (line 1400) 913.87 403.
104. 404.
105. 405.
Adjustments for items paid bv Seller in advance Adiustments for items paid bv Seller in advance
106. City/town taxes 406, City/town taxes
107. County taxes 407. County taxes
108. Assessments 408. Assessments
109. 409.
110, 410,
,
III. 411.
112, 412.
120, Gross Amount Due From Borrower 51 412.87 420. Gross Amount Due Seller 50.499,00
200 AMOUNTS PAID BY OR IN BEHALF OF BORROWER:
500. REDUCTIONS IN AMOUNT DUE TO SELLER
201. Deposit or earnest monev 501. Excess deposit (see instructions)
202. Principal amount of new loan(s) 502. Settlement charges to seller (line 1400)
203. Existingloan(s) taken subiect to 503, Existing loan(s) taken subject to
204. 504. Pavoff of first mortgage loan
205, 505. Payoff of second mortgage loan
206. 506,
207, 507.
208. 508.
209. 509.
Adjustments for items unpaid by Seller in advance Adjustments for items unpaid by Seller in advance
210. City/town taxes 510. City/town taxes
2 J I . County taxes 511. County taxes
212. Assessments 512. Assessments
213. 513.
214. 514.
215. 515.
216. 516.
217. 517.
218. 518.
219. 519.
220, Total Paid Bv/For Borrower 520, Total Reduction Amount Due Seller
51412,87
50,499.00
51 412.87
50 499.00
SUBSTITUTION FORM 1099 SELLER STATEMENT: The information contained in Blocks E,G,H and I on line 401(or if 401 is asterisked, line 403 and 404) is
important tax information and is being furnished to the Internal Revenue Service. If you are required to file a return, a negligence penalty or 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, you are required by law to provide the settlement agent with your correct taxpayer identification number. If you do not provide the settlement agent
with your correct taxpayer identification number, you may be subject to civil or criminal penalties imposed by law.
Under penalties of perjury, I certify that the number shown on this statement is my correct taxpayer identification number.
(Printed on Feb 04, 2004 @ 13:25)
[;,
US Department of Housing and Urban Development
SETTLEMENT CHARGES
OMB No. 2502-0265
700. Total Sales/Broker's Commission based on price Paid from Paid from
Borrower's Seller's
701. Listing Realtor Commission Funds at Funds at
702, Selling Realtor Commission Settlement Settlement
703. Commission paid at Settlement
704.
800 ITEMS PAYABLE IN CONNECTION WITH LOAN
80 I. Loan Origination Fee
802. Loan Discount
803. Appraisal Fee
804. Credit Report
805. Lender'sInsoection Fee
806, Mortgage Application Fee
807.
808.
809.
810.
900 ITEMS REQUIRED BY LENDER TO BE PAID IN ADVANCE
90 I. Interest from
902, Mortgage Insurance Premium for
903. Hazard Insurance Premium for :
904,
905.
1000 RESERVES DEPOSITED WITH LENDER
1001. Hazard insurance
1002, Mortgage insurance
1003. City property taxes
.
1004. County property taxes
1005. Annual assessments
1006.
1007.
1008. Aggregate Accountinll Adjustment
1100 TITLE CHARGES
1101. Settlement or closing fee To: STC 100.00
1102. Abstract or title search To: STC 100.00
1103. Title examination To: STC 50,00
1104. Title insurance binder
II 05. Do~ument preparation
1106. Attorney's Fees
1107, FL Risk Rate
(Includes above item numbers: )
I 108, Title Insurance To: SOMERS TITLE COMPANY 290.37
(Includes above item numbers: )
I] 09, Lender's coverage @
] 110. Owner's coverage50,499,OO @ 290,37
II I I.
1112.
1113.
1200 GOVERNMENT RECORDING AND TRANSFER CHARGES
1201. Recording fees: Deed $15.00 Mortgage $0.00 Releases $0.00 To: Clerk of the Court 15,00
1202. City/county tax/stamps:
1203. State tax/stamps: Deed $353.50 Mortgage $0.00 To: Clerk of the Court 353.50
1204.
1205.
1300 ADDITIONAL SETTLEMENT CHARGES
1301. Survey
1302. Pest inspection
1303, Lien Search Fee To: City of Clearwater 5.00
1304,
1305.
1400. Total Settlement Char es enter on lines 103 Section J and 502 Section K
I have carefully reviewed the HUD-l 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 transaction, I further certify that I h.'~ m"""d, '"'" of HUD-, S."'~'" s"~.. .
BORROW"""'~' 'ECLE"(~'
\ .? ':/tp :'
suza~avong d.. City of Clearwater
The H, - Se Ie nt State which I have prepared is a true and accurate account of this transaction, I have caused or will cause the funds to be disbursed in accordance with this
state
2/13/04
Date
rorated based on taxes for the year, Any re-proration will be handled between the buyer and seller, All utility bills (water. sewer. electric, cable and
fees) ha been paid or will be paid upon receipt of final bills,
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 or imprisonment. For
e: Title 18 U.S, Code Section 1001 and Section 1010,
:;, ,..!
Prepared By:
SOMERS TITLE COMPANY
1290 COURT STREET
CLEARWA TER, FL. 33756
Incidental to the issuance of a title insurance policy,
File Number 04010017c
OWNER'S AFFIDAVIT
(CORPORA TE)
THIS IS AN AFFIDAVIT MADE UNDER OATH, THE MAKING OF A FALSE
STATEMENT WILL SUBJECT THE AFFIANT TO SEVERE CRIMINAL PENALTIES.
BEFORE ME, the undersigned authority, personally appeared Affiant, individually and on behalf
of the City of Clearwater, a Florida Municipal Corporation, hereinafter "Corporation", who
being by me first duly sworn on oath, deposes and says:
1. Corporation is the owner of the following described property: CLEARWATER ESTATES, Lot
2, Clearwater, Fl.
2, Corporation is in exclusive, full, complete and undisputed possession of the above described
property and any personal property included therewith; there are no leases, options, claims,
unpaid taxes, assessments or interests of any kind held thereon; title has not been transferred;
and said property is free and clear of all liens, taxes, encumbrances and claims of every kind,
nature and description except for real property taxes for the current year and except as shown in
Title Commitment # CM-1-1708-1330.
3. There have been no improvements, alterations or repairs to the above described property for
which costs thereof remain unpaid; there are no claims for labor, material or services furnished or
performed for repairing or improving the same which remain unpaid; there are no mechanics',
material men's or laborers' liens against the above described property; and no labor has been
performed within the last 90 days which has not been paid in full in regards to said premises or
personal property.
4. The personal property, if any, on said property, or contained in the buildings thereon, which is
to be sold with the property or premises, is free and clear of all liens, encumbrances, claims or
demands whatsoever.
5. No judgments or decrees have been entered in any court of this State or of the United States
of America against Corporation which remains unsatisfied or unpaid; there exist no funds due to
the Internal Revenue Service which remain unpaid which may result in a lien against the above
described real property; and the Corporation is not a nonresident for United States Income Tax
purposes and Corporation's Federal Income Tax Payer I. D. number is 59-6000289.
6. This Affidavit is made for the purpose of inducing Suzanne Syvolavong, a married woman, to
purchase the above described property, inducing to accept the mortgage loan being given to
purchase the above described property and inducing American Pioneer Title Insurance
Company to authorize SOMERS TITLE COMPANY, hereinafter "Policy Issuing Agent", to issue
American Pioneer Title Insurance Company Policies of Title Insurance insuring either the
conveyance to the purchaser or the Lien of the mortgage or both.
.,
7, Affiant, individually and on behalf of Corporation, agrees to indemnify and hold Policy Issuing
Agent and American Pioneer Title Insurance Company harmless of and from all loss, cost,
damage and expense of every kind, including attorneys' fees, which Policy Issuing Agent and
American Pioneer Title Insurance Company shall sustain or become liable for under its
policies of title insurance now to be issued on account of or in reliance upon any statements
made herein, including but not limited to, any matters that may be recorded between the effective
date of the Commitment referenced above and the time of the recording of the instruments
described in said Commitment.
8. Affiant is familiar with the nature of an oath and with the penalties as provided by the laws of
the State of Florida for falsely swearing to statements in an instrument of this nature. Affiant
affirms he has read the foregoing affidavit and fully understands the facts contained herein. For
the purposes of this affidavit, the use of the word "he" is intended and understood to mean all
persons executing this affidavit be it "he", "she" or "they", and singular shall include plural, when
indicated. '
Further, Affiant sayeth naught.
STATE OF FLORIDA
COUNTY OF PINELLAS
B
, Y of Clearwater, Florida
7B.~l!
William B. Horne, II, City Manager
THE FOREGOING INSTRUMENT was sworn and acknowledged before me on February it;; ,
2004 by William B. Horne, II, City Manager of the City of Clearwater, a Florida Municipal
Corporation, on behalf of the corporation. He who is(i)ersonally known1to me or who has
produced as identification and who did
take an oath.
Notary Seal /;,:;;A~~'f~~._ Denise A Wilson
i*fJ;;,';f;~ MY COMMISSION # CC914107 EXPIRES
:,",:.~,~F June 18,2004
"~t.O'F ;i.~., BONDeD THRU TROV FAIN INSURANCf,INC.
'IUIII,1
Signature/) /ltt0ll Jjl ,~~
Print Nam:J)e;Jr ~ A. t j Iso;)
-.
CONTRACT FOR SALE OF REAL PROPERTY
BY
THE CITY OF CLEARWATER, FLORIDA
PARTIES: The CITY OF CLEARWATER, FLORIDA, a Municipal Corporation of the State of Florida (herein
"Seller" or "City"), p, 0, Box 4748, Clearwater, Florida 33758-4748, and SUZANNE SYVOLAVONG a married
woman, 5842 11ih Avenue North, Pinellas Park, FI. 33782 (herein "Buyer"), (collectively "Parties"), hereby agree
that the Seller shall sell and Buyer shall buy the following real property ("Real Property") and personal property, if
any ("Personalty") (collectively "Property") upon the following terms and conditions.
THE "EFFECTIVE DATE" OF THIS CONTRACT IS THE DATE OF EXECUTION BY
DULY AUTHORIZED CITY OFFICIALS. TIME IS OF THE ESSENCE IN THIS
CONTRACT.
Time periods of 5 days or less shall be computed without including Saturday,
Sunday, or national legal holidays and any time period ending on a Saturday,
Sunday or national legal holiday shall be extended until 5:00 P.M. of the next
business day.
1. PROPERTY OFSCRIPTION
LEGAL DESCRIPTION: CLEARWATER ESTATES, Lot 2, according to the plat thereof as recorded
in Plat Book 127, Pages 18 & 19, Public Records of Pinellas County, FI.
2. FUI L PURCHASE PRICE ...,..........................,..,...........,.......,...,..".......... ,...",...."....,.". $50,499.00
3. MANNFR OF PAYMENT
Total Purchase Price to be paid at closing in U.S. funds, cash, certified or
Cashier's check, subject to adjustments and prorations.......,......,.".."."........,...,.,.....,...... ...$50,499.00
4. TIMF FOR ACCEPTANCE
Following execution of this contract by Buyer, the price, terms and conditions as contained herein shall remain
unchanged and be held unconditionally open for a period of 45 days following delivery in duplicate original to Earl
Barrett, Real Estate Services Manager of the City of Clearwater for acceptance and approval or rejection by
action of the Clearwater City Commission ("Commission"), If this agreement is accepted and approved by the
Commission, it will be executed by duly authorized City officials and delivered to Buyer within 10 days thereafter.
If this contract is rejected by the Commission upon initial presentation to the Commission, this contract shall be
null and void in all respects and Buyer shall be so informed in writing within 5 days of such action.
5. nILE
Seller shall convey marketable title to the Property by SPECIAL WARRANTY DEED, subject only to matters
contained in Paragraph 6 and those otherwise accepted by Buyer. Title shall be free of liens and encumbrances
of record or known to Seller, but subject to property taxes for the year of closing, if any; covenants, restrictions
and public utility easements of record; and (other matters which title will be subject): No Others
6. TITLE EVIDENCE
Buyer may, at Buyer expense and within at least 10 days prior to closing date obtain a title insurance
commitment issued by a Florida licensed title insurer agreeing to issue its title insurance policy subject only to
liens, encumbrances, exceptions or qualifications set forth in this Contract, and those which shall be discharged
by Seller at or before closing, Seller shall convey a marketable title subject only to liens, encumbrances,
exceptions or quaHfications set forth in this Contract. Marketable title shall bedetsiiiiineJ according to appliCC:luie
Title Standards adopted by The Florida Bar and in accordance with law. Buyer shall have 10 days to examine
title evidence following receipt. If title is found defective, Buyer shall, within 3 days thereafter, notify Seller in
writing specifying defect(s). If the defect(s) render title unmarketable, Seller will have 120 days from receipt of
notice within which to remove the defect(s), failing which Buyer shall have the option of either accepting the title
as it then is or withdrawing from this Contract. Seller will, if title is found unmarketable, make diligent effort to
correct defect(s) in title within the time provided therefore, including the bringing of necessary suits.
U:\CITY SELLS\CLW ESTS LOT 2 (SYVOLAVONG) CONT 1103.doc
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7. SURVEY
Buyer, at Buyer's expense, within time allowed to deliver evidence of title and to examine same, may have Real
Property surveyed and certified to the Buyer, Seller and closing agent by a registered Florida land surveyor. If
survey shows any encroachment on Real Property, or that improvements located on Real Property encroach on
setback lines, easements, lands of others, or violate any restrictions, contract covenants or applicable
governmental regulation, the same shall constitute a title defect.
8. CLOSING PLACE AND DATE
Buyer shall designate closing agent and this transaction shall be closed in the offices of the designated closing
agent in Pinellas County, Florida, on or before 30 day~ following Effp.divp. Datp., unless extended by other
provisions of this contract. If either party is unable to comply with any provision of this contract within the time
allowed, and be prepared to close as set forth above, after making all reasonable and diligent efforts to comply,
then upon giving written notice to the other party, time of closing may be extended up to -3D-days without effect
upon any other term, covenant or condition contained in this contract.
9. CLOSING nOCLJMENTS
Seller shall furnish deed, bill of sale, construction lien affidavit, assignments of leases, tenant estoppel letters,
and corrective instruments as applicable to this transaction. Buyer shall furnish closing statement.
10. CLOSING EXPENSES
Recordation of the deed and Documentary stamps on the deed, unless this transaction is exempt under
Chapter 201.24, Florida Statutes, shall be paid by the Buyer. Seller shall pay the costs of recording any
corrective instruments.
11. PRORATIONS; CREDITS
If there should exist any taxes, assessments, rent and other revenue specific to the Property, all of such
expenses and revenue shall be prorated through the day before closing. If the amount of taxes and assessments
for the current year cannot be ascertained, rates for the previous year shall be used with due allowance being
made for improvements and exemptions. Any deposits held by Seller in trust for third parties in occupancy of the
Property shall be credited to Buyer at time of closing, Assessments for any improvements that are substantially
complete at time of closing shall be paid in full by Seller,
12. PROPFRTY CONnlTION
Seller shall deliver the Property to Buyer at time of closing in its present "as is" condition, ordinary wear and
tear excepted, and shall maintain the grounds in a comparable condition. Seller makes no warranties other than
as disclosed herein in Paragraph 14 ("SELLER WARRANTIES") and marketability of title.
13. SELLER HFLD HARMLESS
Buyer agrees to indemnify and hold harmless the Seller without limitation from any losses, damages, costs,
including attorney's fees, claims of injury to or death of any person(s), any damage to property of Buyer, or the
Property, and from and against any and every liability to any person arising from Buyer conduct of survey and
related work performed pursuant to Paragraph 7 above.
14. SELLER WARRANTIES
Seller warrants that there are no facts known to Seller that would materially effect the value of the Property, or
which would be detrimental to the Property, or which would affect Buyer's desire to purchase the property,
15. PROCEEDS OF SAI F: CI qSING P~,Qqe.DlU~f,: ,~.__
The deed shall be recorded upon clearance of funds, Proceeds of sale shall be held in escrow by Seller's
attorney or by such other mutually acceptable escrow agent for a period of not longer than 5 days from and after
closing, during which time 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 of the last title
evidence. If Seller's title is rendered unmarketable through no fault of the Buyer, Buyer shall, within the 5 day
period, notify the Seller in writing of the defect and Seller shall have 30 days from the date of receipt of such
notification to cure the defect. If Seller fails to timely cure the defect, all funds paid by or on behalf of the Buyer
shall, upon written demand made 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 shall take title "as is",
waiving all rights against Seller as to any intervening defect except as may be available to Buyer by virtue of
U:\CITY SELLS\CLW ESTS LOT 2 (SYVOLAVONG) CONT 1103.doc 2
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warranties contained in the deed. The escrow and closing procedure required by this provision shall be waived if
title agent insures adverse matters pursuant to Section 627.7841, F.S. (1987), as amended.
16. DEFAULT
If Buyer fails to close within the time specified (including payment of all deposit(s)), Seller may seek specific
performance of this contract in a court of competent jurisdiction; or alternatively, the deposit(s) paid by Buyer may
be retained by or for the account of Seller as agreed upon liquidated damages, consideration for the execution of
this contract and in full settlement of any claims; whereupon, Buyer and Seller shall be relieved of all obligations
under this contract. If, for any reason other than failure of Seller to make Seller's title marketable after diligent
effort, Seller fails, neglects or refuses to perform this contract, the Buyer. may seek specific performance or elect
to receive the return of Buyer deposit(s) without thereby waiving any action for damages resulting from Seller's
breach. Seller does not waive any rights, claims, or action for damages resulting from Buyer's failure to perform
any other terms of this contract.
17. RADON GAS NOTIFICATION
RADON GAS: Radon is a naturally occurring radioactive gas that, when it has accumulated in a
building in sufficient quantities, may present health risks to persons who are exposed to it over
time, Levels of radon that exceed federal and state guidelines have been found in buildings in
Florida. Additional information regarding radon and radon testing may be obtained from your
county public health unit.
18. CONTRACT NOT RECORDABLE; PERSONS BOllND
Neither this contract nor any notice of it shall be recorded in any public records. This contract shall bind and
inure to the benefit of the parties and their successors in interest. Whenever the context permits, singular shall
include plural and one gender shall include all,
19. NOTICE
All notices provided for herein shall be deemed to have been duly given if and when deposited in the United
States Mail, properly stamped and addressed to the respective party to be notified, including the parties to this
contact, the parties attorneys, escrow agent, inspectors, contractors and all others who will in any way act at the
behest of the parties to satisfy all terms and conditions of this contract.
20. ASSIGNABILITY; PERSONS ROUND
Buyer may assign this contract at Buyer option. The terms "Buyer", "Seller", and "Broker" (if any) may be
singular or plural. This Contract is binding upon Buyer, Seller, and their heirs, personal representatives,
successors and assigns (if assignment is permitted),
21. ATTORNEY FEES; COSTS
In any litigation arising out of this contract, the prevailing party shall be entitled to recover reasonable
attorney's fees and costs.
22. NO BROKFR
Seller and Buyer represent and agree they have dealt with no Broker or finder in connection with the
transactions contemplated hereby, Seller and Buyer further agree to indemnify the other from any damage,
liability or expense either may suffer as a result of any claim of a Broker or finder with whom it is determined that
the other party has dealt with in contravention of this agreement; except, however, that total City obligations
under this provision shall be subject to the limits and restrictions of the Florida sovereign immunity statute, F.S.
768.28.
23. TYPEWRITTFN OR HANDWRITTEN PROVISIONS
Typewritten or handwritten provisions shall control all printed provisions of contract in conflict with them,
24. EFFECT OF PARTIAL INVALIDITY
The invalidity of any provision of this contract will not and shall not be deemed to effect the validity of any other
provision. In the event that any provision of this contract is held to be invalid, the parties agree that the remaining
provisions shall be deemed to be in full force and effect as if they had been executed by both parties subsequent
to the expungement of the invalid provision.
U:\CITY SELLS\CLW ESTS LOT 2 (SYVOLAVONG) CONT 1103,doc
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25. GOVERNING LAW
It is agreed by and between the parties hereto that this contract shall be governed by, construed, and enforced
in accordance with the laws of the State of Florida.
26. COUNTERPARTS; FACSIMILE COPY
This contract may be executed in two or more counterparts, each of which shall be deemed an original and all
of which together shall constitute one instrument. A facsimile copy of this contract, including any addendum,
attachments and written modifications hereof, and any initials or signature thereon shall be deemed an original.
27. MFRGER BY DEED
All covenants, warranties, and representations contained herein shall merge with the deed at time of closing,
except as may be specifically excluded elsewhere in this agreement. Upon delivery of deed by the City, and
acceptance thereof by Buyer, the Buyer shall hold the City forever harmless thereafter,
28. ENTIRF AGREEMENT
Upon execution by Seller and Buyer, this contract shall constitute the entire agreement between the parties,
shall supersede any and all prior and contemporaneous written and oral promises, representations or condition in
respect thereto. All prior negotiations, agreements, memoranda and writings shall be merged herein. Any
changes to be made in this agreement shall only be valid when expressed in writing, acknowledged by the
parties and incorporated herein or attached hereto.
THIS IS INTENDED TO BE A LEGALLY BINDING CONTRACT. IF NOT FULLY UNDERSTOOD,
SEEK THE ADVICE OF AN APPROPRIATE PROFESSIONAL FOR LEGAL, TAX, ENVIRONMENTAL
AND OTHER SPECIALIZED ADVICE PRIOR TO SIGNING.
Date: /d- (}:;2.
,2003
BUYER
~Jt/LI ~[~
Su . . ne Syvolav ng 0
-------------------------------------------------------------------------------------------------------------------------------------------------
APPROVED AND ACCEPTED THIS .Lday of ~ "/
B CI~WAT. FLORIDA
..p Willi~ orne, II, City Manager
,2001
Approved as to form:
ATTEST:
Laura Li owski, Assistant City Attorney
U:\CITY SELLS\CLW ESTS LOT 2 (SYVOLAVONG) CONT 1103,doc
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