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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 1 ! ,~ 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 .- , , , 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 3 ~", , , . 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 4