EVAN B. KUEHN AND LOUIS R. FERNALD
'~t..,.,
~
RETURN TO:
John Martin, Esq.
401 S. Lincoln Avenue
Clearwater, FI. 33756
IParcel No. 23-29-15-16448-000-0030 & 0040 I
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", whose
Post Office address is: P. O. Box 4748, Clearwater, FI. 33758-4748, to EVAN B. KUEHN
& LOUIS R. FERNALD, as tenants in common, hereinafter called the "Grantee", whose
Post Office address is: 10504 Happy Hollow Avenue, Odessa, Florida 33556:
(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, Lots 3 & 4, 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: Evan B. Kuehn & Louis R. Fernald
RE: Parcel No. 23-29-15-16448-000-0030 & 0040
Cou ntersigned:
CITY OF CLEARWATER, FLORIDA
~~~
BiiaKJ. ng ..
Mayor-Commissioner
B~4'~' 44.-... -n:
William B. Horne, II
City Manager
Attest:
STATE OF FLORIDA
~~a.. &ut..-
p~ h E. Gou eau, CRy Clerk ft
: 55
.-,!
. 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.
WITNESS my hand and official seal this I () ~ day of February 2004.
~ fiJ. ~ My Commission Expires:
Notary Public - te of Florida
Print/type name: "tr... Carolyn L Brink
f*: :~ MY COMMISSION # 00203569 EXPIRES
~:.. ~~l May 22, 2007
'\1;i;, P...F i'iI,W' BONDED THRU TROY FAIN INSURANCE INC.
:"11
STATE OF FLORIDA
: 55
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.
WITNESS my hand and official seal this I d 'ft- day of February 2004.
r~ .. ~ ~ _ ot l ~ My Commission Expires:
Notary ~~e of Florida
Print/type name:
Approved as to form:
,1,l~1i\\ Carolyn L Brink
\~{J!l/~ MY COMMISSION # 00203569 EXPIRES
..,"'........1 May 22, 2007
,. ',flf"flIW BONDED THRU TROY FAIN INSURANCE IHe
~
Laura Upowski, Assistant City Attorney
A.-Settlement Statement
U.S. Department of Housing
and Urban Development
~
,r
OMB No. 2502-0265
B. Type of Loan
I. FHA 2. FmHA 3. IX; Conv. Unins 6. File Number
4., VA 5.. Conv.lns. FERNKUEH
C. NOTE: This form is furnished to giye 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 informational purposes and are not included in the totals.
-- - .-... ---..-- -- -.-
7. Loan Number
8. Mortgage Insurance Case Number
D. NAME OF BORROWER: Evan B. Kuehn and Louis R. Fernald
, 10503 Happy Hollow Ave., Odessa, FL 33556
ADDRESS OF BORROWER:
.__ ___ _..._._.._ __ ._n____. ._........... _.____. .... ___ _____~___.__,.____...__.. ___ ___~____.._____ _. ..n.._.... _____._. . __ ~..,.,_,__._.,_._____~ - __ ._n" --_..__."._--~._---------,.,,_.-
E. NAME OF SELLER: The City of Clearwater, a municipal corporation of the State of Florida
ADDRESS OF SELLER:
F. NAivfE OF'I.1fN15"itjf:'''' - - -----,,,
Po ~9)(4 7 4~,.,<::I~~r:v-'attlr,JL n 7 ~,~
AQQRJj:SS QF.L,ENDJj:R:
G. PROPERTY
LOCATION:
Vacant Lots
,FL
H. SETTLEMENT AGENT:
JOHN P. MARTIN, P.A.
401 S. LINCOLN AVENUE, CLEAR WATER, FL 33756
P LACE OF S~!!~1!:~1!:!'i!.:__4Ql.S...JJNCQLN,,8.Y.E:NUE,CLE.ARWAIER.Lf.L_~J:zlQ___.._._____._.....____~
1. SETTLEMENT DATE: 1/11/2004
J. SUMMARY OF BORROWER'S TRANSACTION
1 OO.GROSS AMOUNT DUE FROM BORROWER
1 OI.Contract sales price
102.Personal proJ)erty
103.Settlement charges to borrower (line 1400)_
104.._.
~.n._
_AJiLustments for items paid by seller in adv"nce
I 06.Citxltown taxes to
I 07.CQ.\,l.;lty taxes ,. to
108.Asst~m~~ __h1._..
~_.,__,__. to
110. ,. to
.W~_ .____..., to
112. to
I 688.90
K. SUMMARY OF SELLER'S TRANSACTION
400.GROSS AMOUNT DUE TO SELLER
40 I. Contract sales nrice
402. Personal"ronertv
403.
404.
405.
Adjustments for items naid by seller in advance
406.Citv/town taxes to
407.Countv taxes to
408.Assessments to
409. to
410. to
411. to
412. to
116150.00
116 150.00
120.GROSS AMOUNT DUE FROM BORROWER
~
117,838.90 420.GROSS AMOUNT DUE TO SELLER
500. REDUCTIONS IN AMOUNT DUE TO SELLER
2.Ql.J~,1\.Q.~.ss den os it (see instructions\
502. Settlement charges to seller{[ine 1400\
503.Existing loan(s) taken subject to
504.Pavoff of first mortsYage loan
~
116,150.00
200.AMOUNTS PAID BY OR TN BEHALF OF BORROWER
201.DeDosit or earnest money___,
202.Principal amount of new loan(s) ,."._
203. Existingloan(s) taken subiect to
204.
'n_
205.
505.Pavoff of second mortsYap'e loan
206.Prl!wipal amount of seller financing_.._
207.,_,_._
20J3~m
209.
209a __,_.._.
20.2b_.. '
__ Adj~stments for items unpaid by seller
21 O.City/town taxes to
211.Collnty taxes to
212.Assessments to
213. to
214. _ to
2l.:L_.__. to
2J G. _____.____.._~_ to
217.____. to
2IL._,___ to
219. ~
220.TOTAL AMOUNTS PAID
BY OR IN BEHALF OF BORROWER
300.CASH AT SETrLEMENT FROMm) BORROWER
30 I.Gross amoun, due from borrower (Jine 120)
302.Less amounts naid by/for borrower (line 220)
506.Princinal amount of seller financing
507.
508.
509.
._ :iSJ9a .___.
._ 509b
Adjustments for items unpaid by seller
_. 510.City/town taxes to
511. County taxes to
512. Assessments to
513. to
514. to
515. to
_ " 516.
to
..-
~
...'.n 212'-_...____._
518.
519.
520.TOTAL REDUCTIONS IN
AMOUNT DUE SELLER
600.CASH AT SETTLEMENT TO/FROM SELLER
117838.90 601.Gross amount due to seller (Jine 420)
602. Less reductions in amount due seller (Jine 520)
to
to
to
,
~
116150.00
303.CASH iK Fl"Om To BORROWER ~
117,838.90 603.CASH iX, To
~rom
SELLER ~
/
, .
116,150.00
I)AGE 1
HUD-l (3-86) RESPA, HB 4305.2
([)lOOO Uisplny Sysfems. Inc.. (8(j3) 7lI3-:;:;5S. L:lSl~I' GClIc"al'cd
'!
U.S. DEP AR1MENT OF HOUSING AND URBAN DEVELOPMENT
SETTLEMENT STATEMENT
PAGE 2
~ettlem:nt Chare:es
700. TOTAL SALES/BROKER'S COM. based on price
_~iyision of Commission (Jine 700) as follows:
116150.00 (ci)
0/0 =
Paid From
Borrower's
Funds At
Settlement
Paid From
Seller's
Funds At
Settlement
.~QL_.._,._._ ,
~Qf.. __.__. '.."_'_'
..703. Commission paid at Settlement
704.
800. ItemsPavable In Connection With Loan
80]. Loan Origination Fee %
802. Loan Discount %
803. Annraisal Fee
804. Credit ReDort
805. Lender's Inspection Fee
806. Mortgage Insurance Application Fee
807.
808.
809.
JLLQ ."" .......____.
Jl.U,... ",___
....illc.._.
813..__
._8..~_..
815.
900.
901.
90?
903.
904.
905.
1000. Reserves DeJ}osited With Lender
100 L..Hazard insurance
1002. Mortgage insurance
1003. City property taxes
1004. Cqunty property taxes
1005. Annual assessments
1006.
1007.
1008.
1009.
1100. Title Charges
110 I. Settlement or,,glosinl! fee
1102. Abstract or title search
1103. Title examination
.ll.Q.1. Title insurance binder
11 05.....QQyument preparation
1106. NQtary fees
1107. Attorney's fees
(includes above items numbers:
1108. Title insurance
(includes above items numbers:
1109. Lender's coveral!e: Risk Premium
1110. Owner's coverage: Risk Premium 656.00
1110a ,_
1111. to
!I12. to
1113 . to
1200. Government RecOIoding and Transfer Char1.!:es
120 I. R~!;Qrding F~eed $10.50: L-Mortgage(s) : S-Mortgage(s) . Releases
1202. City/county tax/stamps: Deed : L-Mortgage(s) : S-Mortgag~
1203. State tax!staml2S,; Deed $813.40: L-Mortgage(s) : S-Mortgage(s)
1204.
1205.
1300. Additional Settlement Chare:es
1301. Survey
1302. Pest Inspection
llill.,.Roof Inspection
1304._.
1305. _
~-
JJ.Q.L~,_..
1308.
~-~-_.~.- "-.-
1309.
to
to
to
to
to
to
to
to
to
to
to
to
to
to
to
to
to
to
Items Required By Lender To Be Paid In Advance
Interest from 3/11/2004 to 4/1/2004 02
M.OJip'a!!e Insurance Premium for months to
Hazard Insurance Premium for years to
years, to
vears to
/dav
.-
lllonths@
months@
months(,
months(a
months(, r)
months(a)
months(a)
months@
per month
Del' month
ner month
ner month
oer month
oer month
ner month
per month
to John P. Martin P.A.
to Commonwealth Land Title
to John P. Martino P.A.
to
to
to
to
100.00
35.00
75.00
INS AMT:
INS AMT: 116 150.00
iiii
to John P. Mllrtin P.A
10.50
813.40
1400. Total Settlement
to
to
to
to
to
to
to
to
to
Charges (enter on lines 103, Section J and 502, SectionK)
~
1,688.90
CERTIFICATION; DATE: 3/11/2004
I have carefully reviewed the I-lUD - I Settlement Statement and to the best of my knowledge'and belief; it is a true and accurate statement at all receipts and
dZ:='Sb " ts made on n'ly account . by me in this transaction. I further certify that I have received a copy oCthe BUD - 1 Settlement Statement.
The City of Clear r, a municipal corp . . 1 of the
State of Florida
.._~ _ Borrower ~ SeIler
Evan 1 l\~ Earl Barrett, Real Estate Ser"vlces
/~~d
Borrower
SeIler
prep'red is a true and accurate account of this transaction. J have caused the funds to be disbursed in accord-
JOHN P. MARTIN, P.A.
Settlement Agent
tatements to the United States on this or any other similar form.
Code Section 1001 and Section IOID.
3/11/2004 Date
Penalties upon conviction can include a
FERNKUEH
~~/~~/L~~4 lO;~O
ILI:lOL41:l:l
c:.1~<::l
rH<::lc:. r:.J'c'/~'c'
"
AFfllDAVI OF NO WENS
.'lTA'rE OF Florida
COUN1'Y Of l?inellas
ULl:OR8 ME personally 1lppC~L'cd lhe! undlefsigJ\i!d (' Ml'lant" who, nf[e.( being duly ~l!Iorn. ul:p08ll6 and S;lyS;
I, ~: Th4l A(f'=t iu th~ uW'lcr, ,....,,, lUll! c1~I\I' ~f "Ill 1I:l1llW oncllInbrnllco,. or th~ pr<'r"lrIY ("PI'I>lltl'ly") 5huatod ill
Pinellaa COWlty, Florid:l, ler;IlUy UeSCl'lbed ss:
Luts 3 a.l1d 4, CLEARWATER ESTATES, accordlllJLO lUaD O( pld Ule.Ioofas recorded In PIlle Book 127, pag~
I ~ :llId 19. l'ublic Records of Pinellas County, Florida.
2. ~; TUg. Ihe PI'UII"ll)' l.ti lIel,,!! ....lI1l1/1ll1or mort" d aDa DO n~ntD.ll. (tillite CIT uther l\l,'I"cemen! tJ(\Slli OC!wll<l:Illnll
pl\l'!lcswhith wlluld cIIi\nlll! the flJ:1011nU sbo\V11 on the cloNing sWllDleIltll.
J. Nu L1~ Th:l! ulerc h~Yll bleen no liens filed llnd IlCI Jabo oerfurrned un Ill<1ferlnls Eurnlsbed on 11\" ubow described
l'rupcny for width fIleJ'e ll.\'C Wll1uid billa for lRbnr 01' llUlterlaJ tor which vnlil! liena could be illcd or ]lIw~uiIS cOlllDlenced. The
.\'I'fI/lnllllCl L1l1d no J\ntl~ 1>1' Iln)' ChUD\ of any ~llIJCOnUIICI'" , I lIl>l\" 1.11 /UaIDri..hulIll, TIlI.1 IlclllltT hfn1lllt nor any llllchor\7.cd
;Jg~nt tilt, lilcll or Ill'INL~1l WI tb~ Property :\ NOTre!) OF co ~CBMENr of Jmprollemclllll' provided by Flol'id.!. StltIUla8;
:ll1d Am:Ul1 DlIS reec:ivuu no N(lli<:e to OwD~r or tile romi:shinll If lIIlY :slJrviccs or lIlAtc\'jal& Ltl [he Pro\)eny, 'l'llat there: src tll)
<uitt 'PelldiL1Z acalnsl AfhDl1t, or ubllllt to be tiled ot wllleb A lUll I\;lll IlllY lwll\Vl&d~ iIlld 110 federal, ~Illle. coonty or mlllllc.ipal
UIlI lie"~ OT Olher cmiDlS wllleh might lllfc~ll.bli lillc to said PI perry. ex.cL:flt: NOrm.
.~. 1>''':'''';'''!OIl: AlfiW\1 llUQ 11,,,,",,"";<'n of I'bs: l'ropCJ'~. /11I4
NONK __"
. .
I.. 710 oclJor perSOIl III p(lnC~'IoII.:l1 I el>iuClIIlX, c.\UC}ll:
4. ,,eCrNlITlU1 Pr!lpClnv~ That all Ileitis of parsonal properlY. If , lualuded. itloJll US" owned by thc Al'tiOIlI. f'ClIfll.Yt all liens or
~nCUl'nbrllnceB, anti Ar'l'Ia.nI bas rull rlghllUld power 10 sell Dr morrgnge Ihe SllIDe,und n COll1Jllete illventory h:llI bcc:n m:u1e
OJ'SlIIue by GrllDCllr lUId GUllkc 10 Ill\: slItidilction of all p:u.[[ IS of lIle dale of lhis Affldavlr.
rded: Th~lll~r\j IIr~ 110 OUlSUIlIdilll: rccurded Ilr Ul\I'ccotded
7: Olll%!;,ndinl.J Bill,: Thert 1Il'C l\U 0ut813ndinlJ blllS 41lC Lh,;
jurJioJclton (lVer Ih.. ,u\)jec:1 Jlropolitty.
, mW1lclpalllY OT uny other gOVtOlIIlCIlr.'l1 KgcJlcy which hall
t;. Z<ln;n~: rbe A1'flaJu ~[al\l. under o~lh UtA! rcp rc~C:1)tlItio and WartllrltiollllllCllI by A!tIant In till! conncr tor ~alc of the
.Pn>petty \\(iUI re"(IeeL It'lllOlllnl:. !f lIny, tCmllUl;lS Gcated tIlc:rc' lint! thlJ.t AffI:ul! has n\) knowledge or aD)' proposed zoning
~hung" ~onc:ornl1~ sul:1jc<Jl J>1l11'1erlY.
\1. BODI'Csenc.r1nllll: This A11l1lDf is nllldc fOJ' cbc pUl'pose of i uciDg Comll101lwelllth Lllnd Tille lo>>urilDce CoLllpatlY 10 issue a
, 'lill.: ilisur:II1CIl polioy Wl Lhe 5UbJccl PrCipaly, und 10 ll1dlll:e lh buyc:r ;wj/ol' cnort)(:l~Ctl to pUrClla.:lC or ~lllllllOrl8AllC on the:
s ' L Propsrty
~
WilliallL
"~~~~, Denise A. Wilson
{*, /A,\~ MY COMMISSION # CC914107 EXPIRES,
''''..~:O'i June 18 2004
',,":: -;,if.-" BONDED THRU TROY FA'N INSURANCt INC. '
";i:j
..
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. O. Box 4748, Clearwater, Florida 33758-4748, and EVAN B. KUEHN & LOUIS R.
FERNALD, as tenants in common, 10504 Happy Hollow Avenue, Odessa, FI. 33556 (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. PROPFRTY OFSCRIPTION
LEGAL DESCRIPTION: CLEARWATER ESTATES, Lots 3 & 4, according to the plat thereof as recorded
in Plat Book 127, Pages 18 & 19, Public Records of Pinellas County, FI.
2. FULL PURCHASE PRICE ................................... ...... ......................... ...... ..... ................. $116,150.00
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.................................................... ...$116,150.00
4. TIME FOR ACCEPTANCF
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. TITL E EVIDENCE
Buyer may, at Buyer expense and within at least 10 days prior to closing date obtain a title insurance
commitment issued iJy a Flodda iicensed titie insurer agreeing to issue its titie 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 qualifications set forth in this Contract. Marketable title shall be determined according to applicable
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 $uits.
U:\CITY SELLS\CLW ESTS LOTS 3 & 4 (KUEHN & FERNALD) CaNT 1
1103.doc
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 .45 da~ fnllnwingFffAr.tivA DatA, 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 ...3.lLdays without effect
upon any other term, covenant or condition contained in this contract.
9. ClOSING DOCUMENTS
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 EXPENSFS
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; CRFDITS
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 deposiis held by Seiler 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. PROPERTY CONDITION
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 HELD HARMI FSS
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. SELL FR WARRANTIES
Seller warrants that there are no facts known to SeHpr that would materia!!y'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 SALE; CLOSING PROCEDURE
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
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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
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 BOUND
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 BOUND
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 BROKER
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 a$ aresult ptany claim of a Broker or f1nde.r with 1Nr.om 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
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,
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to the expungement of the invalid provision.
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. MERGER 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. ENTIRE 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 ~ECIALIZED ADVICE PRIOR TO SIGNING.
I~ A/6V'~.~
I' ~~ "2.-- Y ,2003
I '
Date:
-'".
BUYER
~X~
Evan B. Kuehn
BUYER
~
APPROVED AND ACCEPTED THIS .2k- day of t~,. ~1
--------------------------------------------------------------
,2001-.
Approved as to form:
ATTEST:
Laura U owski, Assistant City Attorney
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