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CONTRACT FOR PURCHASE OF REAL PROPERTY - MARY H. ROGEROCONTRACT FOR PURCHASE OF REAL PROPERTY BY THE CITY OF CLEARWATER, FLORIDA PARTIES: MARY H. ROGERO, a single woman, hereinafter referred to as "Seller", whose address is 2300 Alligator Creek Road, Clearwater, Florida33765"t0%28ftand the CITY OF CLEARWATER, FLORIDA, a Municipal Corporation of the State of Florida (herein "Buyer" or "City") of P. 0. Box 4748, Clearwater, Florida 33758-4748, (collectively "Parties") hereby agree that the Seller shall sell and Buyer shall buy the following real property ("Real Property") upon the following terms and co lii ns. r oloo?Q- 1. PROPERTY DESCRIPTION (Pinellas County Parcel I. D. No. 15-29-15-58338-002-0070, 0840&- and 0101) LEGAL DESCRIPTION Lot 7 and Lot 10, MOASE AND HARRISON SUBDIVISION, LESS the South 50 feet thereof for Street, according to the map or plat thereof as recorded in Plat Book 2, Page 85 of the public records of Hillsborough County, Florida, of which Pinellas County was formerly a part. 2. PERSONAL PROPERTY: Parcels are vacant land and no personal property of S e? hall be included in this transaction. lyof 13 3. FULL PURCHASE PRICE ........................................................................ $ 4. MANNER OF PAYMENT: City of Clearwater check in U.S. funds I ?? 1 3 • C7.u at time of closing ................................................. $ 4 96A..N 5. PURCHASE PRICE DETERMINATION The Full Purchase Price established herein has been determined by complete real estate appraisal performed by James M. Millspaugh, MAI dated December 14, 2010 6. TIME FOR ACCEPTANCE; APPROVALS Following execution of this contract by the Seller, 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 the City for acceptance and approval, or rejection, by the Clearwater City Council ("Council"). If this agreement is accepted and approved by Council, it will be executed by duly authorized City officials and delivered to Seller within 10 business days thereafter. If Council rejects this contract upon initial presentation, this contract shall be null and void in all respects and the City shall so inform Seller in writing within 5 days of such action. 7. TITLE U;\CITY BUYS\ROGERO LOTS PURCHASE CONTR 022811.doc Seller warrants legal capacity to and shall convey marketable title to the Property by Statutory Warranty Deed, subject only to matters contained in Paragraph 8 acceptable to Buyer. Otherwise title shall be free of liens, easements and encumbrances known to Seller, but subject to property taxes for 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. 8. TITLE EVIDENCE es, e ontrac ,--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. If title is found defective, Buyer shall 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. 9. SURVEY Buyer, at Buyer's expense, and not later than 7 days prior to closing, may have Real Property surveyed and certified to the Buyer, Seller, title insurance underwriter 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 the Florida Administrative Code and may include a description of the property under the Florida State Plane Coordinate System as defined in Chapter 177, Florida Statutes. 10. CLOSING P AND DATE -ge?4les shall designate closing agent and this transaction shall be closed in the offices of the designated closing agent in Pinellas County, Florida, on or before 30 days following execution by Buyer, 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 $0 days without effect upon any other term, covenant or condition contained in this contract. 11. CLOSING D MENTS ?vyr?.2-r" F S eF shall furn closing statements for the respective parties, deed, bill of sale, mechanic's lien affidavit, assignments of leases, tenant and mortgage estoppel letters, and corrective instruments as all or any may be applicable, for proper execution by the respective party. WCITY BUYS\ROGERO LOTS PURCHASE CONTR 022811.doc Page 2 of 6 12. CLOSING EXPENS .4 9vVE?- 0? r The shall pay oc entary stamps on the deed, ALTA owner policy of title insurance, lien search fee, closing fees required by closing agent, and recordation of any corrective instruments. Buyer shall pay for recordation of the deed. 13. PRORATIONS: CREDITS Ad valorem tax assessments 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 Pinellas 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. 1 4.000U PANCY Seller warrants that there are no parties in or entitled to occupancy other than the Seller, or as otherwise disclosed herein. Seller agrees to deliver occupancy of the Property to Buyer at time of closing unless otherwise stated herein. 15. 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 as of the date of execution by Seller. Seller makes no warranties other than as disclosed herein in Paragraph 19 ("SELLER WARRANTIES") and marketability of title. Buyer waives any right to further inspect and investigate the environmental status of the Property as a condition of this transaction, and specifically agrees to purchase the Property in its "as is" condition upon the date of execution by Seller. 16. PRE-CLOSING VISUAL INSPECTION At a time mutually agreeable between the parties, but not later than the day prior to closing, Buyer may conduct a final visual inspection of the Property to determine compliance with any Buyer obligations under Paragraph 15. No other or any new issues may be raised as a result of the visual inspection. 17. PROCEEDS OF SALE: CLOSING PROCEDURE The deed shall be recorded upon clearance of funds. Proceeds of sale shall be held in escrow by the closing agent 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 Sellers 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 U:\CITY BUYS\ROGERO LOTS PURCHASE CONTR 022811.doc Page 3 of 6 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. 18. 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. 19. SELLER WARRANTIES Seller makes no representations, warranties or guarantees or any kind regarding the environmental status of the Property. Seller does warrant, however, that other than undetermined environmental conditions that may effect the value of the Property, there are no other facts known to Seller that would materially effect the value of the Property, or which would be detrimental to the Property, or which would affect Buyer's desire to purchase the property except as follows: (Specify known defects. If none are known write "NONE". If no entry, it shall be deemed that "NONE" has been entered). Buyer shall have twenty one (21) days following the Effective Date to investigate said matters as disclosed by the Seller, and shall notify Seller in writing whether Buyer will close on this contract notwithstanding said matters, or whether Buyer shall elect to cancel this contract. If Buyer fails to so notify Seller within said time period, Buyer shall be deemed to have waived any objection to the disclosed matters and shall have the obligation to close on the contract. 22. RADON GAS NOTIFICATION In accordance with provisions of Section 404.056(5), 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 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. 23. 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, U:\CITY BUYS\ROGERO LOTS PURCHASE CONTR 022811.doc Page 4 of 6 singular shall include plural and one gender shall include all. 24. 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, or 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 with copy provided to the parties hereto. 25. 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, and successors. 26. 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. 27. TYPEWRITTEN OR HANDWRITTEN PROVISIONS Typewritten or handwritten provisions shall control all printed provisions of contract in conflict with them. 28. EFFECT OF PARTIAL INVALIDITY The invalidity of any provision of this contract will not and shall not be deemed to affect 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. 29. 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. 30. 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. 31. 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, U:\CITY BUYS\ROGERO LOTS PURCHASE CONTR 022811.doc Page 5 of 6 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. EXECUTED this 1 day of M-06.n,.C? 12011. at:?' ? 7zo ?`t7 Mary H. Rogero, APPROVED & EFFECTIVE this 13 day of Q i 12011. CITY OF CLEARWATER, FLORIDA Countersigned: Frank V. Hibbard Mayor By: AJ? William B. Horne 1 City Manager Appr ved as to form: ZIA -A Laura Mahony Assistant City Attorney Attest: ?.. Out- Rosemarie Call City Clerk rER ? U:\CITY BUYS\ROGERO LOTS PURCHASE CONTR 022811.doc Page 6 of 6