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DR WILLIAM YOUNG ....Retum to>: (edclose self-addressed stamped envelope) '~~~<':.':"DANIEL N. MARTIN, t.A. P.O. BOX 786 ,/ NEW PORT RICHEY, FL. 34656-0786 .....'~;:..:...:' . '~"~ \ .~ WARRANTY DEED FROM CORPORATION I, I1111111111111111111111111111111111111111111111111 953Q615a~ Rcpt :,e9~ '.....", DS: 19es /' c: 10.50 u()21?a!CJ_~/~L.~~~:_ : 0.00... ,i/ / / /t..:I --- ":t.,,, Cl.."".... JED v .... -. ~:y 09/e~;~J~~P9SCO COUNTY ClERK ORuBf{~47aJa. 1 of 2 u... -eG.1ZQ2 Address: This Instrument Prepared by: Addr~oD /OfP /\'J ,~I DANIEL N. MARTIN DANIEL N. MARTIN, P.A. P. O. BOX 786 NEW PORT RICHEY, FL. 34656-078 Property Appraisers Parcel Identification (Folio) Number(s): 32-25-16-0040-00COO-0040 Grantee(s) S,S. #(s): SPACE ABOVE THIS LINE FOR PROCESSING DATA SPACE ABOVE THIS LINE FOR RECORDING DATA J- '1/ STATE OF FLORIDA COUNTY OF Warranty Deed (CORPORATION) (Statutory - Sec. 689.02 F.S.) PASCO KNOW ALL MEN BY THESE PRESENTS: That the 22nd day of September 1995, DR. WILLIAM J. YOUNG, P. A. dissolved' a / F lor i da corporation, Grantor*, whose post office address is: 7030 Mandy Lane, New Port Richey, FL 34652 for and in consideration of Ten Dollars ($10.00) and other good and valuable considerations, the receipt of which is hereby acknowledged, has bargained, sold, conveyed and granted unto THE CITY OF CLEARWATER, FLORIDA, a municipal corporation of the State of Florida Grantee*, whosepostofhceaadressis: P.O. Box 4748, Clearwater, FL 34618-4748 grantee's heirs, executors, administrators and assigns, forever, the following described property, situate, lying and being in the County of Pasco ' State of Florida, to-wit: SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF. Subject to taxes for the year 1995 and subsequent years. Subject to restrictions, easements and reservations of record. and said grantor does fully warrant the title to said land and will defend the same against the lawful claims of all persons whomsoever. *Wherever used herein, the term "grantee/grantor" shall include the heirs, personal representatives, successors and/or assigns of the respective parties hereto; the use of singular number shall include the plural, and the plural the singular; the use of any gender shall include all genders, IN WITNESS WHEREOF, grantor has hereunto set grantor's hand and seal on September 20, 1995. DR. WILLIAM J. YOUNG, P.A. Signed, sealed and delivered :~d~~ By: Alrz~l . Willia ,\;~~;;i Attest: Secretary '"'I"~~';'~\,C,,~:,< " "'>'!"'''~, " ~~^ ~~ ,j n/J.~I'^,,^,,/1 STATE OF ~IIU1',. COUNTY OF '{,.OV1lD,W/i\..) (Corporate Seal) ,resident .,..... ,i'" " 'iy;~:.,:1i\ ; , l.. I J -" \ r. <;~" " .: --;:--)"~\.;;:~ j ....., .I _ ;\<~{',~~~.~,.; %.~.: " 'f~;;;' ,;' . . .:~~,l!,,,,,: ',i'?-;.}~:'~!~-l ' The foregoing instrument was acknowledged before me this by William J. Young, as President of DR. WILLIAM J. YOUNG, P.A. adissolved Florida He/~~,i"'JlersQpally known to me or has produced :",-~~: .'t._;\.i:;3\~:,'I )' ; /; .;:,: ;\" "". '~~~fft'i1i~aff6ri~a~~f Who did ..' /.., Vi ~\ F~ '1..51;,;: MyCo~~sio~'~tpires: 5 L)O I qo) <.; .,(} ", .:,) :. ,/;; .1" ftl. ',- '{ .-Jt", \... !..; ~(~1) ~.' "- dOll/)\-.. day of S~l t'1cto- corporation, on behalf of the corporation. take an oath. 'm~~a~/U Notary Public Serial Number: ITEM 7382 (9202) Great Lakes Business Forms, Ine,. To Order Call: 1-800-530-9393 D FAX 616-791-1131 "" First A111frican Title Insurance r.;ompany OR Bf( 3478 PG .1 70.,3 -------~!;J L~ '-\0. ',6~ .: SCHEDULE A CONTINUED Agent's File No.: 99541732 Commitment No.: Lots 4,5 and 6 and also a portion of Lots 7, 12, 1:3, 14, 15, 16 and 17, Block "CD, JASMIN COURT as shown on the plat recorded in Plat Book 6, Page 51 of the Public Records of Pasco County, Florida, being further described as follows: Commence at the Northeast corner Df said Lot 4 for a Point of Beginning; thence along the West right-of-way line of Court Drive, South 00000'39" West, a distance of 212.25 feet; thence South 88020'48" West, a distance of 106.02 feet; thence South o 0 02 31'28" West, a distance of 42.00 feet; thence North 88 41'28" West, a di~3tance of 80.00 feet to the East right-oF-way I ine of State Road No. 55 (U.S. Highway No. 19); thence along the said East riyht--of-way line, North 00000'20" West, a distance of 256.66 feet; thence North 89032'22" East, a distance of 107.89 feet to the East boundary line of said Lot 17; thence along the said East boundary line, South 00007'45" East, a distance of 2.37 feet to the Northwest corner of said Lot 46 thence along the North boundary line of said Lot 4, North 89 47'40" East, a distance of 80.00 feet to the Point of Beginning. ~ * EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of 1, (a) Any law, ordinance or governmental regulation (including but not limltd to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel 01 which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy, (b) Any governmental pOlice power not excluded by (a) above, except to the extent that 3 notice of the exercise thereof or a notice of a defect. lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded 111 the public records at Date of Policy 2, Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of POliCY, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knOWledge 3 Defects, liens, encumbrances, adverse claims or other matters: (a) created, suffered, assumed or agreed to by the insured claimant. (b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the Insured claimant prior to the date the insured claimant became an insured under this pOlicy; (c) resulting in no loss or damage to the insured claimant: (d) attaching or created subsequent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the estate or interest insured by this policy, 4, Any claim, which arises out of the transaction vesting in the insured the estate or interest insured by this policy, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that is based on: (i) the transaction creating the estate or interest insured by this policy being deemed a fraudulent conveyance or fraudulent transfer; or (ii) the transaction creating the estate or interest insured by this policy being deemed a preferential transfer except where the preferential transfer results from the failure: (a) to timely record the instrument of transfer; or (b) of such recordation to impart notice to a purchaser for value or a judgment or lien cleditor, 1. DEFINITION OF TERMS. Thefollowing terms when used in this policy mean: (a) "insured": the insured named in Schedule A, and, subject to any rights or defenses the Company would have had against the named insured, those who succeed to the interest of the named insured by opera- tion of law as distinguished from purchase including, but not limited to, heirs, distributees, devisees, survi- vors, personal representatives, next of kin, orcorporate or fiduciary successors, (b) "insured claimant": an insured claiming loss or damage, (c) "knowledge" or "known": actual knowledge, not constructive knowledge or notice which may be imputed to an insured by reason of the public records as defined in this policy or any other records which impart constructive notice of matters affecting the land, (d) "land": the land described or referred to in Schedule A, and improvements affixed thereto which by law constitute real property, The term "land" does not include any property beyond the lines of the area described or referred to in Schedule A, nor any right, title, interest, estate.or easement in abutting streets, roads, avenues, alleys, lanes, ways or waterways, but nothing herein shall modify or limit the extent to which a right of access to and from the land is insured by this policy. (e) "mortgage": mortgage, deed of trust, trust deed, or other security instrument. (f) "public records": records established under state statutes at Date of Policy for the purpose of imparting constructive notice of matters relating to real property to purChasers for value and without knowl- edge, With respect to Section 1 (a)(iv) ofthe Exclusions From Coverage, "public records" shall also include environmental protection liens filed in the records of the clerk of the United States district court for the district in which the land is located, (g) "unmarketability of the title": an alleged or apparent matter affecting the title to the land, not excluded or excepted from coverage, which would entitle a purchaser of the estate or interest described in Schedule A to be released from the obligation to pur- chase by virtue of a contractual condition requiring the delivery of marketable title, 2. CONTINUATION OF INSURANCE AFTER CONVEYANCE OF TITLE. The coverage of this policy shall continue in force I as of ~te of Policy in favor of an insured only so long as the insured/etains an ~state or interest in the land, _. CONDITIONS AND STIPULATIONS 5. PROOF OF LOSS OR DAMAGE. In addition to and after the notices required under Section 3 of these Conditions and Stipulations have been provided the Company, a proof of loss or damage signed and sworn to by the insured claimant shall be furnished to the Company within 90 days after the insured claimant shall ascertain the facts giving rise to the loss or damage, The proof of loss or damage shall describe the defect in, or lien or encumbrance on the title, or other matter insured against by this policy which constitutes the basis of loss or damage and shall state, to the extent possible, the basis of calculating the amount of the loss or damage, If the Company is prejudiced by the failure of the insured claimant to provide the required proof of loss or damage, the Company's obligations to the insured under the policy shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation, with re- gard to the matter or matters requiring such proof of loss or damage, In addition, the insured claimant may reasonably be required to submitto examination under oath by any authorized representative of the Company and shall produce for examination, inspection and copying, at such reasonable times and places as may be desig- nated by any authorized representative ofthe Company, all records, books, ledgers, checks, correspondence and memoranda, whether bearing a date before or after Date of Policy, which reasonably pertain to the loss or damage, Further, if requested by any authorized repre- sentative of the Company, the insured claimant shall grant its permission, in writing, for any authorized representative of the Company to examine, inspect and copy all records, books, ledgers, checks, correspon- dence and memoranda in the custOdy or control of a third party, which reasonably pertain to the loss or damage. All information designated as confidential by the insured claimant provided to the Company pursu- ant to this Section shall not be disclosed to others unless, in the reasonable jUdgment of the Company, it is necessary in the administration of the claim, Failure of the insured claimantto submittor examination under oath, produce other reasonably requested information or grant permission to secure reasonably necessary information from third parties as required in this para- graph shall terminate any liability ofthe Company under this policy as to that claim, 6. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS: TERMINATION OF LIABILITY. In case of a claim under this policy, the Company the Company shall have no liability for loss or damage until there has been a final determination by a court of competent jurisdiction, and disposition of all appeals therefrom, adverse to the title as insured, (c) The Company shall not be liable for loss or damage to any insured for liability VOluntarily assumed by the insured in settling any claim or suit without the prior written consent of the Company, 10. REDUCTION OF INSURANCE: REDUCTION OR TERMINATION OF LIABILITY. All payments under this policy, except payments made for costs, attorneys' fees and expenses, shall reduce the amount of the insurance pro tanto. 11. LIABILITY NONCUMULATIVE It is expressly understood that the amount of insurance under this policy shall be reduced by any amount the Company may pay under any policy insur- ing a mortgage to which exception is taken in Schedule B orto which the insured has agreed, assumed, ortaken subject, or which is hereafter executed by an insured and which is a charge or lien on the estate or interest described or referred to in Schedule A, and the amount so paid shall be deemed a payment under this policy to the insured owner. 12. PAYMENT OF LOSS. (a) No payment shall be made without producing this policy for endorsement of the payment unless the policy has been lost or destroyed, in which case proof of loss or destruction shall be furnished to the satisfac- tion of the Company, (b) When liability and the extent of loss or damage has been definitely fixed in accordance with these Conditions and Stipulations, the loss or damage shall be payable within 30 days thereafter. 13. SUBROGATION UPON PAYMENT OR SETTLEMENT. (a) The ComDanv's Rioht of Subrooation, Whenever the Company shall have settled and paid a claim under this policy, all right of subrogation shall vest in the Company unaffected by any act of the insured claimant. The Company shall be subrogated to and be' en- titled to all rights and remedies which the insured S" aimant would have had against any person or prop- in respect to the claim had this policy not been sued, If requested by the Company, the.Insured claimant shall transf~ to the Company ali rights and ~' First Am~rican Title Insurance tompany FATIC-521 SCHEDULE A Agent's File No.: 99541732 R 1 0722 Policy No. FA-35-046248 SS Date of Policy: September 28, 1995 at 09:45:00 AM Amount of Insurance: $275,000.00 1. Name of Insured: THE CITY OF CLEARWATER, FLORIDA, a municipal Corporation of the State of Florida 2. The estate or interest in the land which is covered by this policy is: Fee Simple 3. Title to the estate or interest in the land is vested in: THE CITY OF CLEARWATER, FLORIDA, a municipal Corporation of the State of Florida 4. The land referred to in this policy is described as follows: SEE LEGAL DESCRIPTION ATTACHED HERETO i DANI~. MARTIN, P.A. By,J _~jt~L~~ A thorized Signatory * .,.. First Amtrican Title InsurancePJmpany Lots 4, 5 and 6 and also a portion of Lots 7, 12, 13, 14, 15, 16 and 17, Block "CO, JASMIN COURT as shown on the plat recorded in Plat Book 6, Page 51 of the Public Records of Pasco County, Florida, being further described as follows: Commence at the Northeast corner of said Lot 4 for a Point of Beginning; thence along the West right-of-way line of Court Orive, South 00000'39" West, a distance of 212.25 feet; thence sOHth 88020'48" West, a distance of 106.02 feet; thence sguth 02 31'28" West, a distance of 42.00 feet; thence North 88 41'28" West, a distance of 80.00 feet to the East right-of-way line of State Road No. 55 (U.S. Highway ~o. 19); thence along the said East right-of-way line, North 00 00'20" West, a distance of 256.66 feet; thence North 89032'22" East, a distance of 107.89 feet to the East boundary line of said Lot 17; thence along the said East boundary line, South 00007'45" East, a distance of 2.37 feet to the Northwest corner of said Lot 46 thence along the North boundary line of said Lot 4, North 89 47'40" East, a distance of 80.00 feet to the Point of Beginning. @ ..,.. First Am~rican Title Insurance t:'ompany FATIC-522 SCHEDULE B Agent's File No.: 99541732 R10722 Policy No. FA-35-046248 SS This policy does not insure against loss or damage (and the Company will not pay costs, attorney's fees or expenses) which arise by reason of: 1. Rights or claims of parties in possession not shown by the public records. 2. Easements, or claims of easements, not shown by the public records. 3. Encroachments, overlaps, boundary line disputes, or other matters which would be disclosed by an accurate surveyor inspection of the premises. 4. Any lien, or right to a lien, for services, labor, or material heretofore or hereafter furnished, imposed by law and not shown by the public records. 5. Any adverse claim to any portion of said land which has been created by artificial means or has accreted to any such portion so created and riparian rights, if any. 6. Taxes or special assessments which are not shown as existing liens by the public records. Special Exceptions: 7. The lien of all taxes for the year 1995, and all subsequent years, which are not yet due and payable. NOTE: Exceptions numbered 2, 3, and 5 above are hereby deleted. 8. Subject to easements and restrictions as shown on the plat of JASMIN COURT recorded in Plat Book 6, Page 51, as modified by Resolution Vacating Easement recorded in OR Book 395, Page 162, Public Records of Pasco County, Florida. 9. Title to appliances and fixtures installed in or on subject property and title to personal property is not insured. 10. Waste Disposal charges pursuant to Pasco County Ordinance No. 89-06 may be due against the Subject Property; none due at this time. SCHEDULE B CONTINUED NEXT PAGE @ - "" First Amtrican Title InsurancefAJmpany SCHEDULE B (CONTINUED) SERVICE QUALITY AND AVAILABILITY First American Title Insurance Company cares about its customers and their ability to obtain information and service on a convenient, timely and accurate basis. A qualified staff of service representatives is dedicated to serving you. A toll-free number is available for your convenience in obtaining information about coverage and to provide assistance in resolving complaints: 1-800-929-7186. Office hours will be from 8:30 AM through 5:30 PM, Monday through Friday. @ or holds an indebtedness s.ecured by a purchase money mortgage given by a purchaser from the insured, or I only so-tong as the insured shall have liability by reason of covenants of warranty made by the insured in any transfer or conveyance of the estate or interest. This policy shall not continue in force in favor of any pur- chaser from the insured of either (i) an estate or interest in the land, or (ii) an indebtedness secured by a pur- chase money mortgage given to the insured, 3, NOTICE OF CLAIM TO BE GIVEN BY INSUREO CLAIMANT. The insured shall notify the Company promptly in writing (i) in case of any litigation as set forth in Section 4(a) below, (ii) in case knowledge shall come to an insured hereunder of any claim of title or interest which is adverse to the title to the estate or interest, as insured, and which might cause loss or damage for which the Company may be liable by virtue of this policy, or (iii) if title to the estate or interest, as insured, is rejected as unmarketable,lf prompt notice shall not be given to the Company, then as to the insured all liability of the Company shall terminate with regard to the matter or matters for which prompt notice is required; provided, however, that failure to notify the Company shall in no case prejudice the rights of any insured under this policy unless the Company shall be prejudiced by the failure and then only to the extent of the prejudice. 4. OEFENSE ANO PROSECUTION OF ACTIONS: OUTY OF INSUREO CLAIMANT TO COOPERATE. (a) Upon written request by the insured and sub- ject to the options contained in Section 6 of these Conditions and Stipulations, the Company, at its own cost and without unreasonable delay, shall provide for the defense of an insured in litigation in which any third party asserts a claim adverse to the title or interest as insured, but only as to those stated causes of action alleging a defect, lien or encumbrance or other matter insured against by this policy, The Company shall have the right to select counsel of its choice (subject to the right of the insured to object for reasonable cause) to represent the insured as to those stated causes of action and shall not be liable for and will not pay the fees of any other counsel. The Company will not pay any fees, costs or expenses incurred by the insured in the defense of those causes of action which allege matters not insured against by this policy, (b) The Company shall have the right, at its own cost, to institute and prosecute any action or proceed- ing or to do any other act which in its opinion may be necessary or desirable to establish the title to the estate or interest, as insured, or to prevent or reduce loss or damage to the insured, The Company may take any appropriate action undertheterms ofthis policy, whether or not it shall be liable hereunder, and shall not thereby concede liability or waive any provision of this policy, If the Company shall exercise its rights under this para- graph, it shall do so diligently, (c) Whenever the Company shall have brought an action or interposed a defense as required or permitted by the provisions of this policy, the Company may pursue any litigation to final determination by a court of competent jurisdiction and expressly reserves the right, in its sole discretion, to appeal from any adverse judgment or order. (d) In all cases where this policy permits or re- quires the Company to prosecute or provide for the defense of any action or proceeding, the insured shall secure to the Company the right to so prosecute or provide defense in the action or proceeding, and all appeals therein, and permit the Company to use, at its option, the name of the insured for this purpose, Whenever requested by the Company, the insured, at the Company's. expense, shall give the Company all reasonable aid (i) in any action or proceeding, securing evidence, obtaining witnesses, prosecuting or defend- ing the action or proceeding, or effecting settlement, and (ii) in any other lawful act which in the opinion of the Company may be necessary or desirable to establish the title to the estate or interest as insured, If the Company is prejudiced by the failure of the insured to furnish the required cooperation, the Company's obli- gations to the insured under the policy shall terminate, including any liability or obligation to defend, pros- ecute, or continue any litigation, with regard to the matter or matters requiring such cooperation, shall have the following additional options: (a) To Payor Tender Payment of the Amount of Insurance, To payor tender payment of the amount of insur- ance underthis policy together with any costs, attorneys' fees and expenses incurred by the insured claimant, which were authorized by the Company, up to the time of payment or tender of payment and which the Com- pany is obligated to pay, Upon the exercise by the Company of this option, allliability and obligations to the insured under this policy, other than to make the payment required, shall terminate, including any liability or obligation to de- fend, prosecute, or continue any litigation, and the policy shall be surrendered to the Company for cancel- lation, (b ) To Pavor Otherwise Settle With Parties Other than the Insured. or With the Insured Claimant. (i) to payor otherwise settle with other par- ties for or in the name of an insured claimant any claim insured against under this policy, together with any costs, attorneys' fees and expenses incurred by the insured claimant which were authorized by the Com- pany upto the time of payment and which the Company is obligated to pay; or (ii) to payor otherwise settle with the insured claimant the loss or damage provided for under this policy, together with any costs, attorneys' fees and expenses incurred by the insured claimant which were authorized by the Company up to the time of payment and which the Company is obligated to pay, Upon the exercise by the Company of either of the options provided for in paragraphs (b)(i) or (ii), the Company's obligations to the insured under this policy for the claimed loss or damage, other than the pay- ments required to be made, shall terminate, including any liability or obligation to defend, prosecute or con- tinue any litigation, 7. DETERMINATION, EXTENT OF LIABILITY AND COINSURANCE. This policy is a contract of indemnity against actual monetary loss or damage sustained or incurred by the insured claimant who has suffered loss or damage by reason of matters insured against by this policy and only to the extent herein described, (a) The liability of the Company under this policy shall not exceed the least of: (i) the Amount of Insurance stated in Sched- ule A, or, (ii) the difference between the value of the insured estate or interest as insured and the value of the insured estate or interest subject to the defect, lien or encumbrance insured against by this policy, (b) (This paragraph dealing with Coinsurance was removed from Florida policies.) (c) The Company will pay only those costs, attor- neys' fees and expenses incurred in accordance with Section 4 of the Conditions and Stipulations, B. APPORTIONMENT. If the land described in Schedule A consists of two or more parcels which are not used as a single site, and a loss is established affecting one or more ofthe parcels but not all, the loss shall be computed and settled on a pro rata basis as if the amount of insurance under this policy was divided pro rata as to the value on Date of Policy of each separate parcel to the whole, exclusive of any improvements made subsequent to Date of Policy, unless a liability or value has otherwise been agreed upon as to each parcel by the Company and the insured at the time of the issuance of this policy and shown by an express statement or by an endorsement attached to this policy, 9. LIMITATION OF LIABILITY. (a) If the Company establishes the title, or re- moves the alleged defect, lien or encumbrance, orcures the lack of a right of access to or from the land, or cures the claim of un marketability of title, all as insured, in a reasonably diligent manner by any method, including litigation and the completion of any appeals therefrom, it shall have fully performed its obligations with respect to that matter and shall not be liable for any loss or damage caused thereby, (b) In the event of any litigation, including litiga- tion by the Company or with the Company's consent, -.......::.;::::;;---_.~- remedies against any~erson or property necessary in fder to perfect this right of subrogation, The ins(,)red . imant shall permit the Company to sue, compromise settle in the name of the insured claimant and to use the name of the insured claimant in any transaction or litigation involving these rights or remedies, If a payment on account of a claim does not fully cover the loss of the insured claimant, the Company shall be subrogated to these rights and remedies in the proportion which the Company's payment bears to the whole amount of the loss, If loss should result from any. act of the insured claimant, as stated above, that act shall not void this policy, butthe Company, in that event, shall be required to pay only that part of any losses insured against by this policy which shall exceed the amount, if any, 10s110 the Company by reason of the impairment by the insured claimant ofthe Company's right of subrogation, (b) The Comoanv's Riahts Aaainst Non-insured Obliaors, The Company's right of subrogation against non- insured obligors shall exist and shall include, without limitation, the rights of the insured to indemnities, guaranties, other policies of insurance or bonds, not- withstanding any terms or conditions contained in those instruments which provide for subrogation rights by reason of this policy, 14. ARBITRATION. Unless prohibited by applicable law, arbitration pursuant to the Title Insurance Arbitration Rules of the American Arbitration Association may be de- manded if agreed to by both the Company and the insured. Arbitrable matters may include, but are not limited to, any controversy or claim between the Company and the insured arising out of or relating to this policy, and service of the Company in connection with its issuance or the breach of a policy provision or other obligation. Arbitration pursuant to this policy and under the Rules in effect on the date the demand for arbitration is made or, at the option of the insured, the Rules in effect at Date of Policy shall be binding upon the parties. The award may Include attorneys' fees only If the laws of the state in which the land Is located permit a court to award attorneys' tees to a prevalllng party. Judgment upon the award rendered by the Arbltrator(s) may be entered In any court having jurisdIction thereof. The law of the situs of the land shall apply to an arbitration under the Title Insurance Arbitration Rules, A copy of the Rules may be obtained from the Company upon request. 15. LIABILITY LIMITED TO THIS PDLlCY: POLICY ENTIRE CONTRACT. (a) This pOlicy together with all endorsements, if any, attached hereto by the Company is the entire policy and contract between the insured and the Company, In interpreting any provision of this policy, this policy shall be construed as a whole, (b) Any claim of loss or damage, whether or not based on negligence, and which arises out of the status of the title to the estate or interest covered hereby or by any action asserting such claim, shall be restricted to this policy, (c) No amendment of or endorsement to this policy can be made except by a writing endorsed hereon orattached hereto signed by either the President, a Vice President, the Secretary, an Assistant Secretary, or validating officer or authorized signatory of the Com- pany, 16. SEVERABILITY. In the event any provision of the policy is held invalid or unenforceable under applicable law, the policy shall be deemed not to include that provision and all other provisions shall remain infull force and effect. 17. NOTICES, WHERE SENT. All notices required to be given the Company and any statement in writing required to be furnished the Company shall include the number of this policy and shall be addressed to the Company, Attention: Claims Department, 114 East Fifth Street, Santa Ana, California 92701, I I CONTRACT FOR PURCHASE OF REAL PROPERTY BY THE CITY OF CLEARWATER, FLORIDA PARTIES: WILLIAM J. YOUNG, individually, (herein "Seller"), of P. O. Box 995, New Port Richey, Florida, Phone: (813) 849-5671, and the CITY OF CLEARWATER, FLORIDA, a Municipal Corporation of the State of Florida (herein "Buyer" or "City") of P. O. Box 4748, Clearwater, Florida 34618-4748, ATTENTION: Real Estate Services Manager, Phone: (813) 462-6042 (collectively "Parties") hereby agree that the Seller shall sell and Buyer shall buy the following real property ("Real Property") and personal property ("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 DESCRIPTION LEGAL DESCRIPTION: As per EXHIBIT "A" attached hereto and made a part hereof, including all improvements thereon and attachments thereto. STREET ADDRESS: 7302 U. S. Highway 19, New Port Richey, Florida PERSONALTY: NONE TO BE CONVEYED 2. FULL PURCHASE PRICE ............................................. $ 275,000.00 3. MANNER OF PAYMENT: City of Clearwater check in U.S. funds at time of closing ................................... $ 275,000.00 4. DETERMINATION OF PURCHASE PRICE The Full Purchase Price as shown herein has been reached through negotiations with the Seller by IX] city staff and [X] Broker acting as Agent of the [ ] City [X] Seller. The Full Purchase Price as shown in Paragraph #2 above is subject to the City, at City expense, obtaining a current market value appraisal of the fee simple interest of the Real Property, subject to existing zoning ordinances, development codes, easements and restrictions of record in the minimum amount of not less than the Full Purchase Price as shown above. The appraisal shall be performed by a State certified real estate appraiser mutually acceptable to the parties and employed in accordance with City purchasing regulations. Said appraiser shall have achieved and be currently maintaining the MAl designation conferred by the Appraisal Institute. The resulting appraisal report shall conform to the current Uniform Standards of Professional Appraisal Practice (USPAP) as promulgated by the Appraisal Institute, and the appraiser's Certificate of Valuation as contained therein shall be conclusive as to the current market value of the Property. 5. TIME FOR ACCEPTANCE; APPROVALS 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, counter-offer, 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 a counter-offer is approved by the Commission, it shall be delivered to Seller in writing within 10 days of such action by the City commission, and Seller shall have 5 days thereafter to deliver to Buyer written notice of acceptance or rejection of such counter-offer. If written notice of acceptance is not timely delivered, or if the counter-offer is rejected by Seller, this contract shall thereafter be null and void in all respects. 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. 6. TITLE Seller warrants legal capacity to and shall convey marketable title to the Property by Statutory Warranty, Trustee's, Personal Representative's or Guardian's Deed, 2S appropriate to the status of Seller, subject only to matters contained in paragraph 7 acceptable to Buyer. Otherwise title shall be free of liens, easements and encumbrances of record or known to Seller, but subject to property taxes ror the year of closing; covenants, restrictions and public utility easements of record; and NO OTHERS; provided there exists at closing no violation of the foregoing and none of them prevents Buyer's intended use of the Property as GAS OPERATIONS OFFICE, SALES, WAREHOUSING AND FUEL FACILITIES FOR THE CLEARWATER GAS SYSTEM. Seller warrants and represents that there is ingress and egress to the Real Property sufficient for the intended use as described herein. Personalty shall, at Buyer request, be transferred by an absolute bill of sale with warranty of title, subject only to such matters as may be otherwise provided herein. 1 of 5 I I 7. TITLE EVIDENCE seller shall, at Seller expense and within 21 days prior to closing date deliver to Buyer a title insurance commitment issued by a Florida licensed title insurer agreeing 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 5 days from receiving evidence of title to examine it. 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 therefor, including the bringing of necessary suits. 8. SITE PLAN APPROVAL The City shall have the privilege of proceeding at its expense to obtain all necessary governmental approvals and permitting for a proposed public utility installation to be constructed upon the property for utilization by the Clearwater Gas System. proposed improvements may include, but not be limited, to construction of a showroom/office/warehouse/fuel facility up to 5,000 heated square feet, and that would allow above ground storage of propane gas to maximum tank capacity of 20,000. Closinq of this transaction is not conditioned upon the city obtaininq final site plan approval and construction permittinq of the above proposed improvements; however, if prior to closinq this transaction should the city receive written notice from duly authorized qovernmental officials that the proposed improvements would not be approved for permittinq, the city may (1) elect to proceed to closinq without reqard to such notice, or (2) elect to withdraw from this aqreement by qivinq written notice to Seller throuqh Seller's aqent not later than three days prior to closinq, in which event this aqreement shall be come void in all respects and all parties shall thereafter be relieved of any further obliqations hereunder. 9. 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. The survey shall be performed to minimum technical standards of Chapter 61Gl7-6, Florida Administrative Code and may include a description of the property under the Florida Coordinate System as defined in Chapter 117, Florida Statutes. 10. WOOD DESTROYING ORGANISM INSPECTION "Wood destroyinq orqanism" means arthropod or plant life which may damaqe the wood in a structure, as defined in F.S. 482.021(26). The City may, at City expense, have the Property inspected by a Florida-licensed pest control business to determine the presence in the improvements of past or present infestation and damage cause by infestation. Seller shall have 5 days after receipt of the City's written report to obtain repair estimates from a licensed building or general contractor, arid treatment estimate from a licensed Florida pest control business. Seller shall treat and repair the Property if the cost to do so does not exceed 3% of the purchase price ("Treatment/Repair Limit"). If the cost of treatment and repair exceed the Treatment/Repair Limit, either party may elect to pay the excess, in which event the City shall receive a credit at closing equal to 3% of the purchase price, failing which, either party may terminate this contract. If there is no evidence of live infestation and the Property is covered by a full treatment warranty, Seller shall transfer the warranty to the City at closing and shall not be obligated to treat the Property. 11. CLOSING PLACE AND DATE [Xl Seller [ 1 Buyer shall designate closing agent and this transaction shall be closed in the offices of the designated closing agent in Pasco County, Florida, on or before Forty Five (45) days following the Effective Date of this agreement, unless extended by other provisions of this contract. If either party is unable to comply with any provision of this I 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 60 days without effect upon any other term, covenant or condition contained in this contract. 12. CLOSING DOCUMENTS Seller shall furnish deed, bill of. sale (if applicable), mechanic's lien affidavit, assignments of leases, tenant and mortgage estoppel letters, and corrective instruments. If Seller is a corporation, Seller shall deliver a resolution of its Board of Directors authorizing the sale and delivery of the deed and certification by the corporate Secretary certifying the resolution and setting forth facts showing the conveyance conforms with the requirements of local law. Buyer shall furnish closing statement. 2 of 5 I I 13. CLOSING EXPENSES Documentary stamps on the deed, unless this transaction is exempt under Chapter 201.24, Florida Statutes, shall be paid by the Seller. Seller shall also pay the costs of recording any corrective instruments. Recordation of the deed shall be paid by Buyer. 14. PRORATIONS; CREDITS Taxes, assessments, rent (if any) and other revenue of the Property shall be prorated through the day before closing. Closing agent shall collect all ad valorem taxes uncollected but due through day prior to closing and deliver same to the Pasco County Tax Collector with notification to thereafter exempt the Property from taxation as provided in Chapter 196.012(6), Florida statutes. 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. 15. OCCUPANCY Seller warrants that at time of closing there are no parties in occupancy other than the Seller. If Property is presently rented or occupied by any party other than Seller, Seller shall cause the property to be vacated, have all of tenant's personal property removed from the premises and transfer the existing metal warehouse structure in broom clean condition at time of closing. If occupancy is to be delivered before closing, as may hereafter be mutually agreed between the Seller and the City, the City would assume all risk of loss to Rroperty from date of occupancy, and shall be responsible and liable for maintenance from that date, and shall be deemed to have accepted Property in its existing conditions as of the time of taking occupancy unless otherwise stated herein or in separate writing. 16. 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 landscaping and grounds in a comparable condition. Seller makes no warranties other than as disclosed herein in Paragraph 22 ("SELLER WARRANTIES") and marketability of title. Buyer's covenant to purchase the Property "as is" is more specifically represented in either subparagraph a. or b. as marked [Xl. L .,kl a. [ 1 As Is: Buyer has inspected the Property or waives any right to ~n:~ct a~~~\~'~'~ accepts the Property in its present "as is" condition. ~~ 57~e~f1i b. [Xl As Is With Right of Inspection: Buyer may, at Buyer expense and within~ays from Effective Date ("Inspection Period"), conduct inspections, tests, environmental and any other investigations of the Property Buyer deems necessary to determine suitability for Buyer's intended use. Seller shall grant reasonable access to the Property to Buyer, its agents, contractors and assigns for the purposes of conducting the inspections provided, however, that all such persons enter the Property and conduct the inspections and investigations at their own risk. Seller will, upon reasonable notice, provide utilities services as may be required for Buyer's inspections and investigations. Buyer shall not engage in any activity that could result in a mechanics lien being filed against the Property without Seller's prior written consent. Buyer may terminate this contract by written notice to Seller prior to expiration of the Inspection Period if the inspections and/or investigations reveal conditions which are reasonably unsatisfactory to Buyer, unless Seller elects to repair or otherwise remedy such conditions to Buyer satisfactionj or Buyer, at its option, may elect to accept a credit at closing of the total estimated repair costs as determined by a licensed general contractor of Buyer's selection and expense. If this transaction does not close, Buyer agrees, at Buyer expense, to repair all damages to the Property resulting from the inspections and investigations and return the Property to its present condition. 17. WALK-THROUGH INSPECTION At a time mutually agreeable between the parties, but not later than the day prior to closing, Buyer may conduct a final "walk-through" inspection of the Property to determine compliance with any Seller obligations under Paragraph 16 and to insure that all Property is in and on the premises. No new issues may be raised as a result of the walk-through. 18. SELLER HELD HARMLESS Buyer is self insured, and subject to the limits and restrictions of the Florida Sovereign immunity statute, F.S. 758.28" agrees to indemnify and hold harmless the Seller from claims of injury to persons or property during the inspections and investigations described in Paragraph 16{b) resulting from Buyer's own negligence only, or that of its employees or agents only, subject to the limits and restrictions of the sovereign immunity statute. 3 of 5 I I 19. RISK OF LOSS If the Property is damaged by fire or other casualty before closing and cost of restoration does not exceed 3% of the assessed valuation of the Property so damaged, cost of restoration shall be an obligation of the Seller and closing shall proceed pursuant to the terms of this contract with restoration costs escrowed at closing. If the cost of restoration exceeds 3% of the assessed valuation of the improvements so damaged, Buyer shall have the option of either taking the Property "as is", together with either the 3% or any insurance proceeds payable by virtue of such loss or damage, or of canceling this contract. 20. 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 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 may be waived if title agent insures adverse matters pursuant to Section 627.7841, F.S. (1987), as amended. 21. DEFAULT If this transaction is not closed due to any default or failure on the part of the Seller, other than to make the title marketable after diligent effort, Buyer may seek specific performance or unilaterally cancel this agreement upon giving written notice to Seller. If this transaction is not closed due to any default or failure on the part of the Buyer, Seller may seek specific performance. If a Broker is owed a brokerage fee regarding this transaction, the defaulting party shall be liable for such fee. 22. 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 effect Buyer's desire to purchase the property except as follows: NONE 23. RADON GAS NOTIFICATION In accordance with provisions of Section 404.056(8), Florida Statutes (1989), as amended, Buyer is hereby informed as follows: RADON GAS: Radon is a naturally occurring radioactive gas that, when it has accumulated ina 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. 24. 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. 25. 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. 26. ASSIGNABILITY; PERSONS BOUND This contract is not assignable. 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). 27. 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. 28. TYPEWRITTEN OR HANDWRITTEN PROVISIONS Typewritten or handwritten provisions shall control all printed provisions of contract in conflict with them. 4 of 5 I I 29. REAL ESTATE BROKERAGE/FEES Seller and the city represent to each other and agree they have dealt with no Broker or finder in connection with the transaction contemplated hereby other than RE/MAX Advantage Realty, the Listing Broker, and F. I. Grey & Son, cooperating Broker, both representing the Seller, and whose brokerage fee shall be paid by the Seller. 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. 30. 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. 31. 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. 32. 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 any written modifications hereof, and any initials or signature thereon shall be deemed an original. 33. NOTICE OF FLOOD HAZARD AREA The Property is located in a Special Flood Hazard Area. Flood insurance may be required as a condition of financing or issuance of any municipal bonds providing funding for the purchase and contemplated improvements. In addition, there may be restrictions applicable to new construction and on rebuilding thereon in the event of casualty or substantial modification of the contemplated structure(s). It is incumbent upon the City to verify all such restrictions with the appropriate government agencies during the "Inspection Period" as provided in Paragraph 16(b), and to obtain at its expense any required or desired flood insurance policies. 34. EXHIBITS ATTACHED EXHIBIT "A" (Legal description and depiction of plat of survey) is attached hereto and made a part of this contract. 35. 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 conditions 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, ENVIRO~ENTAL AND OTHER SPECIALIZED ADVICE PRIOR TO SIGNING. SELLER: WILLIAM J. YOUNG, INDIVIDUALLY Date,~ftl' -. ~ t1,~ oung APPROVED AND ACCEPTED this 2]ftl{;,y of J rfA~ - [ ] APPROVED COUNTER-OFFER this day f ;U,) -1./ J. - ~ s-i/ 0 Social Security or Tax I.D.# , 1995 , 1995 Rita Garvey, CITY OF CLEARWATER, FLORIDA Coun rsigned: 9:N By: _q .~~;(/ Elizab~ M,: Dep.t'ula, City Manager Approved as to form and ~~~~~:nC~~"o,..t GasNPRl.ewbPQme{a.. 1<. Ih<,'n? ATTEST: 5 of 5 ()/~V~_ C~. I~ ~ Goudeau, City Clerk City Attorney 10 IOU) . ti -.;... ~~ ~ ' ~:>.: ~:l: ~ ~~ ~:::> lI)'- ,I ~ . . , r I EXIllBIT II A" Legal Description: 7302 U.S. Highway 19, New Port Richey, Fl. Lots 4, 5 and 6, AND ALSO a portion of Lots 7, 12, 13, 14, 15, 16 and 17, Block "e", JASMIN COURT, as shown on the Plat thereof as recorded in Plat Book 6, Page 51 of the Public Records of Pasco County, Florida, being further described as follows: Commence at the Northeast corner of said Lot 4 for a POINT OF BEGINNING; thence along the West right-of-way line of Court Drive, South 00000'39" West, a distance of 212.25 feet; thence South 88020'48" West, a distance of 106.02 feet; thence South 02031128" West, a distance of 42.00 feet; thence North 88041128" West, a distance of 80.00 feet to the East right-of-way line of State Road No. 55 (U. S. Highway No. 19); thence along the said East right-of-way line, North 00000'20" West, a distance of 256.66 feet; thence North 89032'22" East, a distance of \107.89 feet to the East boundary line of said Lot 17; thence along the said East boundary line, South 00007'45" East, a distance of 2.37 feet to the Northwest corner of said Lot 4; thence along the North boundary line of said Lot 4, North 89047'40" East, a distance of 80.00 feet to the POINT OF BEGINNING. Containing 1.005 acres, more or less. POWEJr POLE ON J'RWEKrY . L.I'E'uSJiOIffi: ~ NJ. ICC'ES I'OSSm..E t::.JSD€Nr. ' 46'" ~ 6l' TTTU: SE:MCH. ' I SEe 32, 'TWP 25s. FWG /5 E .1 ,I ~~ ~>.; "t: ~~ Il...... ~ . .~ SEE DETM. I ~ ~ (.u)(. 8!J'-fT-f0' E:. 7'!J.!J8'~ 0 (~ 8!J'S!J]O' E:. 80.00. r -0:0.......... -lO. AE:..co!?. OF (.1()s. 00 '0 T-fS- E:. ZST LOT.., i.; 1;Vs. oO'OO';'S!l' II': 2.Jr... II. MY. L.NE ~ I S .E: MY. '-""'=--:. OF LOT.., Co ~ ~ I" ~7. OF ~,17. ,_,., -,!-_", .~, ~ ~~ h;;'j". u..:.... u:i'u .... u.. 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L<Sn At. Y ',0.4 . /"OWT r>' N.GI>HHG Wl Y.. WfS'TEAtY OJU . onOAL N.COROKlO< .Nt. Y. . NOFfT>-ERL y '.CJ' . '1"f1tAJ.A.N!Nt CCt'fl1itOc.. ~ . s:.r. . ~A:.y 1.:;J.I . 1~~~WT I I I 1--;;J!~LOTIi~~ I (cJs. 8!J'SZ'ZZ- Eo 1~7.8!J' I (m 8!J'4810. E:. 107.TD' DETA~ GO. 0 't :::::: --.... .j...) "B- 0 I -~ M .J- Q ~ ~ .. ~ ~ p-=- I O' 20' 40' ~ >-: ~ -/4- ' I : f> HGH CIi4N ~ I....:.. . ; ..~~.~~...,2.r; ~' ~i: ' ~..............~;.............~=~07 U ,fl~ ts~ Ie;; ~I. OFLOT/~ . I ~ "'~ kI'O. '0 . <::>~~ ~ :: ....~ 3~ "! '\"I~ f/DlAN)E:/1 ~J ~'<J :l:" I j u 0 zr.r '0 .O(LOT 7', ~;l:'~~ 5~ ,....... ~, l;s.1 'I ~~(: I r- - --.JG1..e:. - -J ~ ~ ~ ~ I ~ . REJ.lAN)EJr (;,1. I~~~~ I~ . OFLOTIJ! . ',~ ~5..~ I L ':. :; '-.1 I I __-!2'UE_~_-j I I I I H!AUJY CE RT1I,.,. 1l-'~ T . THE ~0'lYl'Y FlE ~ so fffiD HEREON MEETS ';mE"MJM).JW rrCNY!C.4.LSTtv=S~f.-A.NO SUflVEYWG H ~ ~ ~~P"Tf:Jl11 _ CRzO..\ .~TTYf , r / )1...~ h . (U.hf.......A.... ' 7H0"'J.$ LUWU. Pffr>' ESSJONAl. r.-<N:> SLR'o'f YO'l NO. "6-1 $ hOT vALlO WTTHOI.fI" EJ.I8OSStO SEJ.J.. CASSON ENGINEEA'NG COMPANY I IX 1/, &OU/..EW flD .....<wF("_"'lrrlJ("~r_J.J6..!l ")' lit! J} &.<g.;:s&; ~. ).~ .,t . . '" ,r A. Settlement Statement u.s. Department 01 Housing and Urban Development OMB No. 2502-0265 B. Type 01 Loan t 0 FHA 2, 0 FmHA 3, 0 Cony. Unins, 6, File Number 7, Loan Number 8, Mortgage Insurance Case Number 4,0 VA 5, 0 Cony. Ins, R1C'l7?? 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 information purposes and are not included in the totals. D, Name and Address of Borrower E, Name and Address of Seller F. Name and Address of Lender CITY OF CLEARWATER, FLORIDA OR. WILLIAM J. YOUNG, P.A. P. O. BOX 4748 P. O. BOX 995 CLEARWATER, FL 34618 NEW PORT RICHEY, FL 34656 G, Property Location H, Settlement Agent 7302 U.S. HIGHWAY 19 nClNTFI N ' ._, P Cl. MA\oI IN NEW PORT RICHEY, FL Place of Settlement I. Settlement Date LOTS 4-6 & PT OF LOTS 7, 12-17 Bl.OCK C, JASMIN COURT 8406 MASSACHUSETTS AVE. , ST. B-1 09/22/95 NEW PORT RICHEY FL 34653 J. SUMMARY OF BORROWER'S TRANSACTION: K. SUMMARY OF SELLER'S TRANSACTION: 100, GROSS AMOUNT DUE FROM BORROWER 400, GROSS AMOUNT DUE TO SELLER: 10t Contract sales price 275.000.00 40l Contract sales price 275 000.00 102, Personal property 402, Personal property 103, Settlement charges to borrower (line 1400) 10.50 403, 104, 404, 105, 405, Adjustments for items paid by seller in advance Adjustments for items paid by seller in adyance 106, City I town taxes to 406, City I town taxes to 107, County taxes to 407, County taxes to 108, Assessments to 408 Assessments to 109, 409, 110, 410, 11l 41l 112, 412, 120, GROSS AMOUNT DUE FROM BORROWER 275.010.50 420, GROSS AMOUNT DUE TO SELLER 275,000.00 200, AMOUNTS PAID BY OR IN BEHALF OF BORROWER 500, REDUCTIONS IN AMOUNT DUE TO SELLER 20t Deposit or earnest money SOl Excess Deposit (see instructions) 202, Principal amount of new loan(s) 502, Setllement charges to seller (line 1400) 151,337.87 203, Existing loan(s) taken subject to 503, Existing loan(s) taken subject to 204, 504, Payoff of first mortgage loan 48,234.07 F ARI1ERS BANK OF MALONE 205, 505, Payoff of second mortgage loan 53,000.00 HARPER VAN SCOIK 206, 506, PAYOFF JOG TO SMYSER 3,500.00 207, 507, 1995 TAXES TO 9/22 7,993.37 208, 508 PAYOFF TO COUl.TER 10,019.57 209, 509 Adjustments for items unpaid by seller Adjustments for items unpaid by seller 210, City Itown taxes to 510, City I town taxes to 21l County taxes to 51l County taxes to 212, Assessments to 512, Assessments to 213, SOLID \l.IASTE 9/22-12131 415.12 513 SOLID WASTE 9/22-12/31 415.12 214, ROOF & TERMITE REPAIR 500.00 514 ROOF & TERMITE REPAIR 500.00 215, 515, 216, 516, . 217. 517. 218, 518 219 519, 220, TOTAL PAID BY/FOR BORROWER 915.12 520, TOTAL REDUCTION AMOUNT DUE SELLER 275,000.00 300, CASH AT SETTLEMENT FOR OR TO BORROWER 600, CASH AT SETTLEMENT TO OR FROM SELLER 301, Gross amount due from borrower (line 120) 275,010.50 60l Gross amount due to seller (line 420) 275,000.00 302, Less amounts paid by I for borrower (line 220) 915.12 602, Less reduction amount due seller (line 520) 275,000.00 I. 303, CASH FROM BORROWER 274,095.38 603, CASH TO SELLER CERTInCATlON I D" .....,...,. mrlowed ... HUD-I SettJemnl S.......nl Ind 10 llIe llal of ., k....... .... belief. 1111 . lru. Ind __nl. a1a1,_DI 01 01. rec.lpll ODd d1sbnnem'DII ,,"de on my ..counl or by .. .. lido IN.......... I f.rtIIer certll, lull..... nat.... . COPJ 01 .... HU~I Iiet*-t ~.I. .. . ~Q ~. .' d , DR. w;t~ J. Y~UN~ P .J;. ~ ' 'f.' ~ J//,j /:r BY: .. ~ (~Vl ~;.. " Sdl.n · f __.. _I 0' Ibll I..n-Uon. I ..... co..'" lilt f..... 10 be dllbuned la ...omn.. "lIb Ibll ........al. I ~.. WAG: It II . at_ 10 ho......., ..... ftIot ......... In .... 11..... ..... _ lido or .., otIIlI IIodIu 'or& .......... apoa coaYldlo. aD Itdu" . fIM ... ........-' for .......- TIdI 11. . S. CMt Slelloll I_I ... SeclIoa ..... ,," ...... . . .,./ U.S .MENT OF HOUSING AND URBAN DEVELOPMENT .... SETTLEMENT STATEMENT PAGE 2 L SETTLEMENT CHARGES: FILE NO.it: R10n? PAID FROM PAID FROM 700, TOTAL SALES/BROKER'S COMMISSION based on price S 275.000.00 @ 0 00 = $27.000 00 BORROWER'S SELLER'S FUNDS AT FUNDS AT Division of commission (iine 700) as follows: SETTLEMENT SETTLEMENT 70l $ 13 250.00 to RE-MAX ADVANTAGE REALTY 702, $ 13,750.00 to F .I. GREY & SON 703, Commission paid at Settlement 27.000.00 704, 800, ITEMS PAYABLE IN CONNECTION WITH LOAN 80l Loan Origination Fee % 802, Loan Discount % 803, Appraisal Fee to 804, Credit Report to 805, Lender's Inspection Fee to 806, Mortgage Insurance Application Fee to 807, Assumption Fee to 808, 809. 810, 81l 900, ITEMS REQUIRED BY LENDER TO BE PAID IN ADVANCE 90l Interest from to @$ {day 902, Mortgage Insurance Premium for to 903, Hazard Insurance Premium for yrs, to 904, 905, 1000, RESERVES DEPOSITED WITH LENDER FOR 100l Hazard Insurance mo, @ $ /mo, 1002, Mortgage insurance mo. @ $ /mo, 1003, City property taxes mo, @ $ /mo, 1004, County property taxes mo,@$ Imo, 1005, Annual assessf'lents mo, @ $ /mo, 1006, mo, @ $ /mo, 1007, mo, @ $ Imo, 1008, mo, @ $ Imo, 1100, TITLE CHARGES 110l Settlement or closing fee to 1102, Abstract or title search to FIRST AMERICAN TITLE INS. CO. 164.50 1103, Title examination to 1104, Titl~ insurance binder to 1105, Document preparation to 1106, Notary fees to 1107, Attorney's fees to DANIEL N. HARTIN, P.A. 750.00 (includes above items No: ) 1108, Title insurance to DANIEL N. MARTIN, P.A. 1,450.00 (includes above items No: 1107 and 1108 ) 1109, Lender's coverage $ ---- 1110, Owner's coverage $ 275,000.00 ---- 1450.00 111l 1112, STREET PAVING ASSI1T. CITY OF NEW PORT RICHEY 7,061. 39 1113, PAYOFF IRS 70,000.00 1200, GOVERNMENT RECORDING AND TRANSFER CHARGES 120l Recording fees: Deed $ 10.50 Mortgage $ :' Releases $ 60.00 10.50 60.00 1202, City i county tax I stamps: Deed $ , Mortgage $ 1203, State tax I stamps: Deed $ 1925.00 , Mortgage $ 1,925.00 1204, 1205, 1300, ADDITIONAL SETTLEMENT CHARGES 1301, Survey to 1302, Pest inspection to CERTIFIED PEST MANAGEMENT 402.00 1303,1991-93 SOLID WASTE PASCO COUNTY UTILITIES 3,412.09 1304T992-94 R. E. TAXES MIKE OLSON, TAX COLLECTOR 38,655.00 1305, TANG TAX 1993 MIKt. ULSON, TAX r'T1TTTI TOR 457.8') 1400, TOTAL SETTLEMENT CHARGES (enter on lines 103 and 502, Sections J and K) 10.50 151, 337.87 CITY OF CLEARWATER DR. BY~-o"7lbdfl~ Buyer BY: Buyer Seller REV, HUD.1 (3/86) First Am&an Title i~surance.mpany FATIC-200 (Rev. 6-89) SCHEDULE A Agent's File No.: 99541732 R10722 Commitment No. ,FA-CC- Date Issued: April 12, 1995 at 08:00 AM Date Effective: September.....r; ~.sllt ~08:00 AM g.t dJW'- 2. Policy or Policies to be issued: Amount of Policy: $ 275,000.00 (a) A.L.T.A. Owner's Policy (10/17/92) (with Florida Modifications) Proposed Insured: THE CITY OF CLEARWATER, FLORIDA, a municipal Corporation of the State of Florida (b) A.L.T.A. Loan Policy (10/17/92) Amount of Policy: $ T.B.D. (with Florida Modifications) Proposed Insured: A NATURAL PERSON OR LEGAL ENTITY TO BE DESIGNATED 3. The estate or interest in the land described or referred to in this Commitment and covered herein is an estate or interest designated as follows: Fee Simple 4. Title to the estate or interest in the land described or referred to in this Commitment are covered herein (and designated as indicated in No.3 above) is, at the effective date hereof, vested in: DR. WILLIAM J. YOUNG, P.A., A PROFESSIONAL SERVICE CORPORATION 5. The land referred to in this Commitment is in the State of Florida, County of Pasco and described as follows: ( CONT I NUED ) * First Amdtcan Title j~surance Ampany SCHEDULE A CONTINUED Agent's File No.: 99541732 Commitment No.: Lots 4,5 and 6 and also a portion of Lots 7, 12, 13, 14, 15, 16 and 17, Block "CD, JASMIN COURT as shown on the plat recorded in Plat Book 6, Page 51 of the Public Records of Pasco County, Florida, being further described as follows: Commence at the Northeast corner of said Lot 4 for a Point of Beginning; thence along the West right-of-way line of Court Drive, South 00000'39" West, a distance of 212.25 feet; thence South 88020'48" West, a distance of 106.02 feet; thence South 02031'28" West, a distance of 42.00 feet; thence North 88041'28" West, a distance of 80.00 feet to the East right-of-way line of State Road No. 55 (U.S. Highway No. 19); thence along the said East right-of-way line, North 00000'20" West, a distance of 256.66 feet; thence North 89032'22" East, a distance of 107.89 feet to the East boundary line of said Lot 17; thence along the said East boundary line, South 00007'45" East, a distance of 2.37 feet to the Northwest corner of said Lot 4~ thence along the North boundary line of said Lot 4, North 89 47'40" East, a distance of 80.00 feet to the Point of Beginning. @ - First Am.can Title i~surance Ampany FATIC-200 (Rev. 6-89) SCHEDULE B-1 ( Requ i rement ) Agent's File No.: 99541732 R10722 Commitment No. FA-CC- The following are the requirements to be complied with: 1. Payment to, or for the account of, the grantors or mortgagors of the full consideration for the estate or interest to be insured. 2. Payment of all taxes, assessments, levied and assessed against subject premises, which are due and payable. 3. Satisfactory evidence shall be produced that all improvements and/or repairs or alterations thereto are completed, that contractor, subcontractor, labor and materialmen are all paid in full. 4. Instruments insurable form which must be properly executed, delivered and duly filed for record: Submit a proper survey certified to all parties involved in this transaction, including but not limited to, First American Title Insurance Company. Submit a proper Owner/Seller's Affidavit satisfactory to insure against unrecorded mechanic's liens. Proper Deed from DR. WILLIAM J. YOUNG, P.A., A PROFESSIONAL SERVICE CORPORATION a/k/a WILLIAM J. YOUNG, M.D., P.A., a Florida corporation to THE CITY OF CLEARWATER, FLORIDA, a municipal Corporation of the State of Florida. D. Satisfactory evidence must be furnished as to the proper incorporation of Dr. William J. Young, P.A., a Professional Service Corporation, a Florida corporation, prior to date of closing, together with proof as to the current status of said corporation. The company reserves the right to make such additional requirements as it may deem necessary. REQUIREMENTS CONTINUED NEXT PAGE @ First AmAtcan Title i~surance Ampany SCHEDULE B-1 CONTINUED Agent's File No.: 99541732 SCHEDULE B-1 CONTINUED Commi tment No.: "- Record a Partial Release of Mortgage in the amount of $200,000.00 from Dr. William J. Young, P.A. and William J. Young, a married man to Barnett Bank of Pasco County, dated November 20, 1985, recorded December 5, 1985, in OR Book 1463, Page 1351, as modified by Mortgage Modification Agreement recorded in OR Book 1569, Page 106, further modified by Mortgage Modification Agreement recorded in OR Book 1646, Page 517, Mortgage Modification Agreement recorded in OR Book 1829, Page 1513, together with Assignment of Rents and Leases recorded in OR Book 1829, Page 1522, modified by Mortagage Modification Agreement recorded in OR Book 1976, Page 940, as amended by Amendment to Mortgage and Note recorded in OR Book 3031, Page 1349 and as assigned to The Farmers Bank of Malone, a Florida Banking Corporation by Absolute Assignment of Note and Mortgage recorded in OR Book 3031, Page 1337, Pasco County Records. Recorda Partial Release of Mortgage in the amount of $50,000.00 from William J. Young and his wife, Linda C. Young to The Farmers Bank of Malone, dated June 1, 1992, recorded June 2, 1992, in OR Book 3031, Page 1339, Pasco County Records. G. Record a Partial Release of Mortgage in the amount of $25,000.00 from William J. Young, M.D., P.A. to Tara Leigh Young, dated January 13, 1993, recorded January 15, 1993, in OR Book 3107, Page 1663, Pasco County Records. H. Record a Partial Release of Mortgage in the amount of $25,000.00 from William J. Young, M.D., P.A. to Bart Bernard Young dated January 13, 1992, recorded January 15, 1992 in OR Book 3107, Page 1666, Public Records of Pasco County, Florida. I. Record a Partial Release of Mortgage in the amount of $90,000.00 from William J. Young, M.D., P.A., a Florida corporation to Harper Van Scoik, a I:lorida General Partnership, dated April 15, 1993, recorded April 21, 1993 in OR Book 3140, Page 1745, Public Records of Pasco County, Florida. J. Release of Paving Assessment Lien in favor of the City of New Port Richey, Florida against William J. Young as recorded in OR Book 1839, Page 101, as corrected in OR Book 3256, Page 646, Public Records of Pasco County, Florida. Release of Assessment Lien, Resolution No. 92-2578-L in favor of the Board of County Commissioners of Pasco County, Florida against Young, William J., Dr. as recorded in OR Book 3064, Page 1986, Public Records of Pasco County, Florida. REQUIREMENTS CONTINUED NEXT PAGE @ R~Am.~nTI&ksurnnre.m~~ SCHEDULE B-1 CONTINUED Agent's File No.: 99541732 SCHEDULE B-1 CONTINUED Commitment No.: Release of Assessment Lien, Resolution No. 93-406-L in favor of the Board of County Commissioners of Pasco County, Florida against Young, William J., Dr. as recorded in OR Book 3206, Page 511, Public Records of Pasco County, Florida. M. Release of Assessment Lien, Resolution No. 94-638 in favor of the Board of County Commissioners of Pasco County, Florida against Young, William J., Dr. as recorded in OR Book 3326, Page 1089, Public Records of Pasco County, Florida. N. Redemption of Tax Sale Certificate No. 9208467, in the amount of $13,711.38 through August 1995 and $13,792.87 through September 29, 1995, for the year 1992. ~ O. Redemption of Tax Sale Certificate No. 9307866, in the amount of $13,002.71 through August 1995 and $13,072.42 through September 29,1995, for the year 1993. P. Redemption of Tax Sale Certificate No. 9407336, in the amount of $11,789.71 through August 1995 and $11,789.71 through September 29, 1995, for the year 1994. Q. Submit proof satisfactory to insure that there are no special assessments levied against subject property. R. Release of Federal Tax Lien against William J. Young, MD, PA, a corporation, recorded in OR Book 3214, page 1376, as modified by Partial Release recorded in OR Book 3269, Page 1047, Pasco County Records. S. Release of Order in favor of Mike Olson, as Tax Collector for Pasco County, Florida against A & A Laundromat, et al. as recorded in OR Book 3317, Page 1541, Public Records of Pasco County. Florida. T. Proof that subject property is/was not a part of Aloha Medical Center of Judgements recorded in OR Book 3371, Page 203 and OR Book 3386, Page 838, together with OR Book 3452, Page 1574 as certified in OR Book 3459, Page 942 may attach, the Company reserves the right to make such additional requirements as it may deem necessary upon the examination of said information. REQUIREMENTS CONTINUED NEXT PAGE @ First Amttlcan Title j~surance Ampany SCHEDULE B-1 CONTINUED nt's File No.: 99541732 SCHEDULE B-1 CONTINUED Commi tment No.: Release of Final Judgement in favor of COULTER LEASING CORPORATION against DR. WILLIAM J. YOUNG, P.A., a corporation as recorded August 18, 1995 in OR Book 3386, Page 839 and certified in OR Book 3462, Page 1475, Public Records of Pasco County, Florida. Release of Final Judgement in favor of JOHN M. SMYSER against DR. WILLIAM J. YOUNG, P.A., a Florida corporation as recorded November 9, 1992 in OR Book 3090, Page 442, Public Records of Pasco County, Florida. The Company reserves the right to make such additional requirements as it may deem necessary. * First Am.can Title j~surance .mpany FATIC-200 (Rev. 10/17/92) SCHEDULE B-II (Except ions) Agent's File No.: 99541732 Rl0722 Commitment No. FA-CC- Schedule B of the policy or policies to be issued will contain exceptions to the fo owing matters unless the same are disposed of to the satisfaction of the Company. efects, liens, encumbrances, adverse claims, or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date the proposed Insured acquires for value of ecord the estate or interest or mortgage thereon covered by this Commitment. Rights or claims of parties in possession not shown by the public records. Easements, or claims of easements, not shown by the public records. Encroachments, overlaps, boundary line disputes, or other matters which would be disclosed by an accurate surveyor inspection of the premises. 5. Any lien, or right to a lien, for services, labor, or material heretofore or hereafter furnished, imposed by law and not shown by the public records. 6. Any adverse claim to any portion of said land which has been created by artificial means or has accreted to any such portion so created and riparian rights, if any. Taxes or special assessments which are not shown as existing liens by the public records. 8. The lien of the Taxes for the year 1995 and all subsequent years, which are not et due and payable. Ho. ead Exemption filed for 1994: NO her Exemptions: NONE Parcel No. 32/25/16/0040/00COO/0040 TAXES FOR THE YEAR 1992 ARE DELINQUENT, CERTIFICATE NO. 9208467, DUE IN THE AMOUNT $13,711.38 THROUGH AUGUST 1995; DUE IN THE AMOUNT OF $13,792.87 THROUGH SEPTEMBER 29, 1995. TAXES FOR THE YEAR 1993 ARE DELINQUENT, CERTIFICATE NO. 9307866, DUE IN THE AMOUNT OF $13,002.71 THROUGH AUGUST 1995; DUE IN THE AMOUNT OF $13,072.42 THROUGH MAY 1995. TAXES FOR THE YEAR 1994 ARE DELINQUENT, CERTIFICATE NO. 9407336, DUE IN THE AMOUNT OF $11,789.71 THROUGH AUGUST, 1995; DUE IN THE AMOUNT OF $11,789.71 THROUGH SEPTEMBER 29, 1995. ~SUbject to easements and restrictions as shown on the plat of JASMIN COURT re.corded in Plat Book 6, Page 51, as modified by Resolution Vacating Easement recorded in OR Book 395, Page 162, Public Records of Pasco County, Florida. . Rights of parties now in possession under any unrecorded leases. 11. Title to appliances and fixtures installed in or on subject property and title to personal property is not insured. EXCEPTIONS CONTINUED NEXT PAGE @ First Amtltcan Title j~surance Ampany SCHEDULE B-II CONTINUED Agent's File No.: 99541732 Commi tment No.: 12. If subject property has been a rental unit or non-owner occupied property, it may be subject to Tangible Taxes, which are not covered by this policy, nor has an examination been made of said taxes. Upon request and payment of an appropriate search fee we will conduct an examination for tangible taxes. 13. The Subject Property may be subject to a Street I_ighting Utility Bill issued by the Pasco County Utility Department. 14. Waste Disposal charges pursuant to Pasco County Ordinance No. 89-06 may be due against the Subject Property. @ ----' --~.:.._"",- ~...... .:.-......-. ,------- ..----..;." .-. -'-. ---.;..._-~_.---- .~ ,_.,r"_~...,_. . .-"---~,:~. . ST ANDARD EXCEPTIONS FOR OWNER'S POLICY The owner's policy will be subject to the mortgage, if any, noted under item one of Item 4 of Schedule B-1 hereof and to the following general execptions: 1. Rights or claims of parties in possession not shown by the public records. 2. Easements, or claims of easements, not shown by the public records. 3. Encroachments, overlaps, boundary line disputes, or other matters which would be disclosed by an accurate surveyor inspection of the premises, 4. Any lien, or right to a lien, for services, labor, or material heretofore or hereafter furnished, imposed by law and not shown by the public records. 5, Any adverse claim to any portion of said land which has been created by artificial means or has accreted to any such portion so created and riparian rights, if any. 6. Taxes or special assessments which are not shown as existing liens by the public records. CONDITIONS AND STIPULATIONS 1. The term "mortgage," when used herein, shall include deed of trust, trust deed, or other security instrument. 2. If the proposed Insured has or acquires actual knowledge of any defect, lien, encumbrance, adverse claim or other matter affecting the estate or interest or mortgage thereon covered by this Commit- ment other than those shown in Schedule B-1 and Schedule B-II hereof, and shall fail to disclose such knowledge to the Company in writing, the Company shall be relieved from liability for any loss or damage resulting from any act of reliance hereon to the extent the Company is prejudiced by failure to so disclose such knowkdge. If the proposed Insured shall disclose such knowledge to the Company, or if the Company otherwise acquires actual knowledge of any such defect, lien, encumbrance, adverse claim, or other matter, the Company at its option may amend Schedule B-1 and/or Schedule B-II of this Commitment accordingly, but such amendment shall not relieve the Company from liability previously incurred pursuant to paragraph 3 of these Conditions and Stipulations. 3. Liability of the Company under this Commitment shall be only to the named proposed Insured and such parties included under the definition of Insured in the form of policy or policies com- mitted for and only for actual loss incurred in reliance hereon in undertaking in good faith (a) to comply with the requirements hereof, or (b) to eliminate exceptions shown in Schedule B-II or (c) to acquire or create the estate or interest or mortgage thereon covered by this Commitment. In no event shall such liability exceed the amount stated in Schedule A for the policy or policies committed for and such liability is subject to the insuring provisions, the Exclusions from Cover- age and the Conditions and Stipulations of the form of policy or policies committed for in favor of the proposed Insured which are hereby incorporated by reference and are made a part of this Commitment except as expressly modified herein. 4. Any action or actions or rights of action that the proposed I nsured may have or may bring against the Company arising out of the status of the title to the estate or interest or the status of the mortgage thereon covered by this Commitment must be based on and are subject to the pro- visions of this Commitment. . . AGREEMENT TO TERMINATE TENANCY AND VACATE PREMISES I, N€.,L.. ,v\+~~GoJl::,M .' owner and operator of Rentz U-Haul, as Lessee of premises at 7302 U. S. Highway 19, New Port Richey, Florida, hereby agree and covenant with the city of Clearwater, Florida: A. To terminate my tenancy with Dr. William J. Young, Lessor of th~bov~cribed premises. by not later than 5:00 P.M. F tember~~. ::5u ~~. B. To remove ~ll of my business equipment and inventory, along with any and all other personal property belonging to me or Rentz U-Haul by 5:00 P.M. Friday, September 22, 1995. C. To terminate all utility serv'ces at th~pr mises by the close of business,' tember .2-2 I. 9 5. S,,.sl)-. - ~. ' D. To provide Mark Swartze of Re/Max Advantage Realtywith entry keys to be delivered to city representatives-at ~~ L~~~ <t.im9 of claaing on September 22, 1995. ~ q.oo A-A;;l''''';' . c. "T, :)~('f~'5' { o;:r' I . The city of Clearwater, in consideration of Lessee fulfill n he aforementioned conditions, agrees to allow Lessee access to the premises until 9:00 A.M. Monday, September 25, 1995 at which time all remaining keys to the premises shall be made available to a representative of Clearwater Gas System by the Lessee, and the premises are to be fully vacant and in broom clean condition. crtjq\ &- Date RENTZ U-HAUL WITNESS WITNESS ACKNOWLEDGED AND AGREED: CITY OF CLEARWATER, FLORIDA Date r(2-2(rS- WIH!?~ WITNESS SEE PLANS IN FILE