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CHARLES MORTENSEN GEORGE YORK SALVATORE GRIPPARDI CHARLES BEELITZ "." .it . JI~Y OF CLEARWA-rIb . DEED OF CONVEYANCE STATE OF FLORIDA COUNTY OF PINELLAS } TInS INDENTURE, made the ___2_qth___ day of ______.Q~_C;J~mp_eA._________________, A. D. 19_7'-_, between the CITY OF CLEARWATER, FLORIDA, a municipal corporation, party of the first part, and -GJlAa.LEI.--y'QaT.ElIIEll._JlJ:Oa.as T.Q.LJIALY..A"Ol\J;J:l"~PAa~J_JNMl_~~J"U__.&ELrrJ; of the County of _____________________________ and State of ______________________________, partl.._ of the second part, WITNESSETH, That the party of the first part, for and in consideration of the sum of .__...T.....JuIL....'IllDollars and other good and valuable consideration to it in hand paid by said part'w___ of the second part, at or before the ensealing and delivery of these presents, the receipt whereof is hereby acknowledged, has granted, bargained, sold, conveyed and confirmed unto the said parL....__ of the second part, and to ~ll' heirs and assigns forever, all the following piece, parcel, lot or tract of land, situate, lying and being in the County of Pinellas and State of Florida, and described as follows, to-wit: T" w... 0ae.1ta1I Cl)" 1M Sla (6) ., CLEARWATER DfDStJTB.IA.L PAaK, &c..~ t. u.. map 0" plat lIMN" .. .........IaPlal ... 44, .... ., 01. U. "Ue It..O".. ot PI..II.. c:....." 11.ari.. ........ .. ....trid.., ........ ... ........ 01 ........ TOGETHER WITH all and singular the tenements, hereditaments and appurtenances thereunto belonging or appertaining; and every right, title or interest, legal or equitable, of the said party of the first part of, in and to the same. TO HAVE AND TO HOLD the same unto the said partD..I___ of the second part, -tMu heirs and assigns, to -tMlr____ own proper use, benefit and behoof forever. IN WITNESS WHEREOF, the said party of the first part has caused these presents to be executed in its name by its City Manager, City CleI:k, countersigned by its Mayor-Commissioner, and approved as to form and correctness by its City Attorney, and its corporate seal to be hereunto attached, the day and year first above written. CITY OF CLEARWATER, FLORIDA Countersigned: By: /s / Picot B. Floyd ----------------------------------------------------------- City Manager / s/ Gabriel Cazares Attest: / s / R. G. Whitehead ---------------------------~---------------------------- City Clerk Mayor-Commissioner Signed, sealed and delivered in presence of: ___________~~[__~~_~~J[_~s:~~~_~~g_~____________________ ___________~~_[__~~~!~_~~__~~~_~~!!_____________________ Approved as to form and correctness: / s / Thomas A. Bustin City Attorney STATE OF FLORIDA COUNTY OF PINELLAS } I HEREBY CERTIFY, that on this _______~9J:J~,_____ day oL______~~_~_~~!?_~!.________ A. D. 19_1i_...:, before me personally appeared ~~~-~!--~!~f-_~~_!!~__~~~_~~__g!__~!~~_~_~_~~~~J_~~~~_~____________ respectively City Manager, City Attorney, City Clerk and Mayor-Commissioner of the City of Clearwater, a municipal corporation existing under the laws of the State of Florida, to me known to be the individuals and officers described in and who executed the foregoing conveyance~.J.~.-M~~,-...--Q~~..--"'-~~.--,-~~..~-gn..Dt-Mj-~...'-,,_,__________________ ----------------------------------------------- and severally acknowledged the execution thereof to be their free act and deed as such officers thereunto duly authorized; and that the official seal of said municipal corporation is duly affixed thereto, and the said convey. ance is the act and deed of said corporation. WITNESS my signature and official seal at Clearwater in the County of Pinellas and State of Florida, the day and year last above written. _______~~_~__l?_~~_t_)'_~_~__~~~~~_~~_________________________ Notary Public State of Florida at Large My Commission Expires: Aug. 1, 1978 l~i)O~~~ ~~ ') J 1 t ' l" ~ CLOSING STATEMENT Clearwater, Florida December 29 , 1976 Seller: City of Clearwater, Florida Purchaser: Charles Mortensen, George York, Salvatore Grippardi & Charles Beelitz Property Description: West 1/2 of Lot 6 of Clearwater Industrial Park Credits to Seller: Sales Price Credits to Purchaser: Earnest money deposit Cash to close Seller's Costs: Documentary Stamps: State $132. 90 Sur tax 48.95 Title Insurance - Chelsea Title & Guaranty Co. Frank W. Leach & Associates Real Estate Commission $44,215.00 $ 2,215.00 42,000.00 $44,215.00 $44,215.00 $181. 85 275.00 4,421. 50 n__ ..~ ~""' ~~,- "I~,j;!'A~,*'jj!!"A"'!l"ji!"'A"'!l'fjll"'A"'!l'fl!!"'.,,*,jj!!"A"'iij~A7~WlJ!".~~~~~'i;' 'n . ':.:d~/ .~, _~W,:f.., , .:;f1l~,;(- '''',~l.~i.'. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY FORM A-1970 (Amended 10-17-70) 10 112 01 01777 CHICAGO TITLE INSURANCE COMPANY SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS CONTAINED IN SCHEDULE B AND THE PROVISIONS OF THE CONDITIONS AND STIPULATIONS HEREOF, CHICAGO TITLE INSURANCE COMPANY, a Missouri corporation, herein called the Company, insures, as of Date of Policy shown in Schedule A, against loss or damage, not exceeding the amount of insurance stated in Schedule A, and costs, attorneys' fees and expenses which the Company may become obligated to pay hereunder, sustained or incurred by the insured by reason of: I. Title to the estate or interest described in Schedule A being vested otherwise than as stated therein; 11,;1'- .~~. ,J,d 2. Any defect in or lien or encumbrance on such title; or ~. ~; 3. Lack of a right of access to and from the land. "~i: ~ In Witness Whereof, CHICAGO TITLE INSURANCE COMPANY has caused this policy to be signed and sealed as of the date of policy shown in Schedule A, the policy to become valid when countersigned by an authorized signatory. Issued by: COASTAL BONDED TITLE COMPANY OF CLEARWATER Metropolitan Building 318 South Missouri Avenue Clearwater, Florida 33516 (813) 422-9671 CHICAGO TITLE INSURANCE COMPANY ATTEST: ~ -e9J'h.e~ ~ Secretary, IMPORT ANT This policy necessarily relates solely to the title as of the date of the policy. In order that a purchaser of the real estate described herein may be insured against defects, liens or encumbrances, this policy should be reissued in the name of such purchaser. Copyright 1969 American Land Title Association , ,l.;,~.,,~. 'y.;k' . \ -:J::l, j , ,..... .~. ---- --........ -- .. t I OV' alnpaq:>s U! paqp:>sap PURl aql U! hqalaq palaAO:> lSalalU! 10 alRlsa aql UO haUOW pual 10 aSR;:l1 ';:lsRq:>md Ol UOS1;:ld hUR JO IRSnpl ;:lq~ 017 'h:>nod S!ql hq p;:llnSU! lSal;:llU! 10 ;:llRlS;:l aqllOJ anlRA p!Rd pRq lURW!RP p;:lmSU! ;:lql J! paU!RlSnS uaaq aARq lOU PlnoM q:>!qM ;:l~RWRp 10 SSOI U! ~U!lInS;:ll (a) 10 ~h:>nOd JO ;:llRQ ollUanb;:lsqns P;:llR;:ll:> 10 ~U!q:>RnR (p) ~lURW!RP p;:lmSU! ;:lql Ol ;:l~RWRp 10 SSOI ou U! ~U!lInS;:ll (:>) ~lapUn;:ll;:lq p;:lmSU! UR ;:lWR:>;:lq lURW!RP pamSU! q:>ns ;:llRP ;:lql OllOpd hURdwo;) ;:lql OllURW!RP pamSU! aql hq ~U9pM U! p;:lSOPS!P lOU pUR h:>nod S!ql hq p;:llnSU! lSal;:llU! 10 ;:llRlS;:l UR p;:ll!nb:>R lURW!RP q:>ns ;:llRP ;:lql lR 10 h:>nOd JO alRQ lR l;:lql!a lURW!RP p;:llnSU! ;:lql Ol UMOU){ lnq SplO:>;:ll :>nqnd aql hq UMOqS lOU pUR hURdwo;) ;:lql Ol UMOU){ lOU (q) ~lURW!RP p;:lmsu! ;:lql hq Ol p;:l;:ll~R 10 p;:lWnSSR 'palayns 'palRal:> (R) SlanRW l:>qlO lO 'SW!RP aSlaApR 'sa:>URlqwn:>U;:l 'suan 'Sl:>;:lJ;:lQ O( oh:>nOd JO ;:llRQ lR SPlO:>;:ll :>nqnd ;:lql U! SlR;:lddR Slq~p q:>ns JO ;:lSplaX;:l ;:lql JO a:>90u SS;:llun l;:lMOd ;:l:>nod JO Slq~p IRlU;:lWWaAO~ 10 U!RWOP lU;:lU!W;:l JO Slq~nl oz 'U09Rlffii;:l1 IRlU;:lWW;:lAO~ 10 a:lURU!P10 'MRI q:>ns hUR JO U09RIO!A hUR JO P;:ly;:l aqllo 'PURl ;:lql JO RalR 10 SUO!Suaw!p aql U! UO!pnp;:ll R 10 d!qslauMo U! U09R1Rd;:lS R ~U9N!qOld 10 'PURl ;:lql uo papal;:l l;:lHR;:llaq lO MOU lUaW;:lAOldw! hUR JO U09R:>01 lO SUO!SU;:lW!P '1;:lPR1Rq:> aql ~U9Rln~al 10 'PURl ;:lql JO lU;:lWhOfua 10 asn 'h:>uRdn:>:x> ;:lql ~U9!q!qOld 10 ~U!lRln~;:ll 10 ~U!PPlS;:ll (S;:l:>URU!P10 ~U!UOZ pUR ~u!PHnq Ol pal!Wn lOU lnq ~u!pnpuO u09Rln~al IRlUaWU1;:lAO~ 10 a:>URU!plO 'MRI hUV' 0 I :h:>nod S!ql JO a~RlaAO:> ;:lql W01J papnpxa hlSS;:lldxa alR Sl;:lnRW ~U!MOIIOJ aq~ 3~V~3^O:) WO~~ SNOISn1:)X3 75-3488 SCHEDULE A Number 10 112 01 01777 Date of Policy January 8,1975 Amount of Insurance $44,030.00 1. Name of Insured: CITY OF CLEARWATER, a municipal corporation 2, The estate or interest in the land described herein and which is covered by this policy IS: Fee simple 3. The estate or interest referred to herein is at Date of Policy vested in the insured, 4, The land herein described is encumbered by the following mortgage or trust deed, and assignments: and the mortgages or trust deeds, if any, shown in Schedule B hereof. 5, The land referred to in this policy is described as follows: The West 1/2 of Lot 6, CLEARWATER INDUSTRIAL PARK, According to the map or plat thereof as recorded in Plat Book 44, page 46 of the Public Records of Pinellas County, Florida. This policy valid only if Schedule B is attached. SCHEDULE B Policy Nu",ber 1 0 112 01 01777 Owners This policy does not insure against loss or damage by reason of the following exceptions: General Exceptions: (1) Rights or claims of parties in possession not shown by the public records. (2) Encroachments, overlaps, boundary line disputes, and any other matters which would be disclosed by an accurate survey and inspection of the premises. (3) Easements or claims of easements not shown by the public records. (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) Taxes or special assessments which are not shown as existing liens by the public records. Special Exceptions: The mortgage, if any, referred to in Item 4 of Schedule A. 6. The general taxes for the year 1975 and thereafter. 7. Covenants, conditions and restrictions imposed by instrument recorded in O.R. Book 115, page 347 and amended in O.R. Book 169, page 542, and further amended in O.R. Book 680, page 63 and still further amended in O.R. Book 2914, page 516, all of the "Public Records of Pine11as County, Florida. (see attached copies) 8. Railroad easement over the Southerly 21 feet of captioned land, an a drainage and utility easement over the Northerly 5 feet of the Southerly 26 feet thereof. (Plat Book 44, page 46) COASTAL BONDED TITLE CO. 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Definition of Terms The following terms when used in this policy mean: (a) "insured": the insured named in Schedule A, and, subject to any rights or defenses the Company may have had against the named insured, those who succeed to the interest of such insured by operation of law as distinguished from purchase including, but not limited to, heirs, distributees, devisees, survivors, personal representatives, next of kin, or corporate or fiduciary successors, (b) "insured claimant": an insured claiming loss or damage here- under, (c) "knowledge": actual knowledge, not constructive knowledge or notice which may be imputed to an insured by reason of any public records. (d) "land": the land described, specifically or by reference in Sched- ule A, and improvements affixed thereto which by law constitute real property; provided, however, the term "land" does not include any property beyond the lines of the area specifically 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": those records which by law impart constructive notice of matters relating to said land. 2. Continuation of Insurance after Conveyance of Title The coverage of this policy shall continue in force as of Date of Policy in favor of an insured so long as such insured retains an estate or interest in the land, or holds an indebtedness secured by a purchase money mortgage given by a purchaser from such insured, or so long as such insured shall have liability by reason of covenants of warranty made by such insured in any transfer or conveyance of such estate or interest; provided, however, this policy shall not continue in force in favor of any purchaser from such insured of either said estate or interest or the indebtedness secured by a purchase money mortgage given to such insured. 3. Defense and Prosecution of Actions-Notice of Claim to be given by an Insured Claimant (a) The Company, at its own cost and without undue delay, shall provide for the defense of an insured in all litigation consisting of actions or proceedings commenced against such insured to the extent that such litigation is founded upon an alleged defect, lien, encum- brance, or other matter insured against by this policy. (b) The insured shall notify the Company promptly in writing (i) in case any action or proceeding is begun as set forth in (a) above, (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 Com- pany may be liable by virtue of this policy, If such prompt notice shall not be given to the Company, then as to such insured all liability of the Company shall cease and terminate in regard to the matter or matters for which such prompt notice is required; provided, how- ever, that failure to notify shall in no case prejudice the rights of any such insured under this policy unless the Company shall be prejudiced by such failure and then only to the extent of such prejudice, (c) The Company shall have the right at its own cost to institute and without undue delay prosecute any action or proceeding 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, and the Company may take any appropriate action under the terms of this policy, whether or not it shall be liable thereunder, and shall not thereby concede liability or waive any provision of this policy, (d) Whenever the Company shall have brought any action or inter- posed a defense as required or permitted by the provisions of this policy, the Company may pursue any such litigation to final determi- nation by a court of competent jurisdiction and expressly reserves the right, in its sole discretion, to appeal from any adverse judgment or order. ,-, II (e) In all'cases where this policy permits or requires the Company to prosecute 'or provide for the defense of any action or proceeding, the insured hereunder shall secure to the Company the right to so prosecute or provide defense in such action or proceeding, and all appeals therein, and permit the Company to use, at its option, the name of such insured for such purpose. Whenever requested by the Com- pany, such insured shall give the Company all reasonable aid in any such action or proceeding, in effecting settlement, securing evidence, obtaining witnesses, or prosecuting or defending such action or pro- ceeding, and the Company shall reimburse such insured for any expense so incurred, 4. Notice of Loss-limitation of Action In addition to the notices required under paragraph 3(b) of these Conditions and Stipulations, a statement in writing of any loss or damage for which it is claimed the Company is liable under this policy shall be furnished to the Company within 90 days after such loss or damage shall have been determined and no right of action shall accrue to an insured claimant until 30 days after such statement shall have been furnished, Failure to furnish such statement of loss or damage shall terminate any liability of the Company under this policy as to such loss or damage, 5. Options to Payor Otherwise Settle Claims The Company shall have the option to payor otherwise settle for or in the name of an insured claimant any claim insured against or to terminate all liability and obligations of the Company hereunder by paying or tendering payment of the amount of insurance under this policy together with any costs, attorneys' fees and expenses in- curred up to the time of such payment or tender of payment, by the insured claimant and authorized by the Company, 6. Determination and Payment of Loss (a) The liability of the Company under this policy shall in no case exceed the least of: (i) the actual loss of the insured claimant; or (ii) the amount of insurance stated in Schedule A (b) The Company will pay, in addition to any loss insured against by this policy, all costs imposed upon an insured in litigation carried on by the Company for such insured, and all costs, attorneys' fees and expenses in litigation carried on by such insured with the written authorization of the Company, (c) When liability has been definitely fixed in accordance with the conditions of this policy, the loss or damage shall be payable within 30 days thereafter. 7. limitation of Liability No claim shall arise or be maintainable under this policy (a) if the Company, after having received notice of an alleged defect, lien or encumbrance insured against hereunder, by litigation or otherwise, removes such defect, lien or encumbrance or establishes the title, as insured, within a reasonable time after receipt of such notice; (b) in the event of litigation until there has been a final determination by a court of competent jurisdiction, and disposition of all appeals there- from, adverse to the title, as insured, as provided in paragraph 3 hereof; or (c) for liability voluntarily assumed by an insured in settling any claim or suit without prior written consent of the Company, 8. Reduction 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, No payment shall be made without producing this policy for endorsement of such payment unless the policy be lost or destroyed, in which case proof of such loss or destruction shall be furnished to the satisfaction of the Company. 9. 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 insuring either (a) a mortgage shown or referred to in Schedule B hereof which is a lien on the estate or interest covered by this policy, or (b) a mortgage hereafter executed by an insured 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 CONDITIONS AND STIPULATIONS (Continued on Reverse Side) , ,- - I CLEARWATER INDUSTRIAL PARK I Covenants, conditions and restriction imposed upon CLEARHATER INDUSTRIAL PARK by instrument recorded 6-18-57 at 9:34 AIl1, as C1erks's Instrument nUlilber 374201A, and recorded in o. R. Book 115, Page 347 of the Public Records of Pinel1as County, Florida. PROTECTIVE COVENANTS OF THE CLEARWATER INDUSTRIAL PARK THIS lJECLARATIOi~, made this 10th day of June 1957, by the City of Clearwater, Florida, a municipality organized and existing by virtue of the laws of the State of Florida, hereinafter called the Grantor. WITNESSETH, THAT: WHEREAS. Grantor is the owner of the real estate described in Clause 1 of th4s Declaration, and is desirous of subjecting the real property described in Clause 1 to the conditions, restrictions reservations and covenants hereinafter set forth, each and all of which is and are for the benefit of said property and for each owner thereof, and shall inure to the benefit of am pass with said property, and each and every parcel thereof, and shall apply to and bind the successors in interest, and any owner thereof: NOW THEREFORE, THE CITY OF CLEARWATER, FLORluA, hereby declares.that the real property described in and referred to in Clause 1 hereof, is and shall be held, transferred, sold, conveyed, and occupied subject to tne conditions, covenants, restrictions, reservations and easements hereinafter set forth. CLAUSE I - DEFINITION OF TER~~ "Building Site" shall mean any lot, or portion thereof, or two or more contiguous lots or portions thereof, or any parcel of land upon which a commercial or light industrial building or buildings and appurtenant structures olay be erected in conformance with the requirements of these covenants. "Grantor" shall mean the CITY OF CLEARWATER. FLORIDA, a muncipa1ity organized and existing by virtue of the laws of the Sate of Florida. "Improvements' shall mean and include a commercial or light industrial building or buildings~', outbuildings appurtenant thereto, parking areas, loading areas, fences, masonry.wall, hedges, lawns. mass p1antings, and any structures of any type or kind located above ground. "Building line or lines" shall mean the minimum distance which strucures of any type or kind sha 11 be set back from the property or street 1 i nes, and reference is hereby made to the recorded plat of the district in which is located the real property hereby subjected to these covenants for the location of such building lines. "Side building site 1inell shall mean the boundary or property line dividing two adjoining building sites. . PROPERTY SUBJECT TO THIS DECLARATION:The real property which is, and shall be, conveyed, transferred, occupied and sold subject to the conditions, covenants, restrictions, reservations, and easements set forth, herein is located in the County of Pine11as.State of Florida, and is more particularly described as follows: to-wit: The 50UHtll 1/2 of NW1/4 of the Southeast 1/4 of Section 1, Township 29, Range 15, together with the 5W,l/4 of the NE1l4 O.f the SE1/4htog~T~EAr with' the W1/2 of theSE1/.4 of the NE1/4 of the 5E1/4 together with the SE1/~~to~~th~~ wfth the S1n/4 of the 5E1/4 less the South 495 feet thereof, . a 11 1yi ng in Secti onl,Townshi p 295. Range 15 E; and together wi th all that portion of the NE1/4 of the NE1/4 of Section 12, Township 29S, Range 15 E. lying North of the Seaboard Airline Railroad. Asshown on the Plat of Record Titled, "CLEARWATER WDUSTRIAL PARK" as filed in Plat Book 44, Page 46 Public Records of Pinellas County, Florida. CLAUSE II-GENERAL PURPOSE OF CONDITIONS The real property described in Clause I hereof is subjected to the conditions, covenants. restrictions, reservations and easements hereby declared to insure proper use a~d appropriate development and improvement of each building site thereof, to protect the owners of building sites against such improper use of surrounding building sites as will depreciate the value of their prope~ty; to guard against the erection thereon of structures built of improper or unsuitable materials; to sure adequate and reasonable development of said property; to encour- age the erection of attractive improvements thereon. with appropriate locations thereof on building sites to prevent haphazard and inharmonious improvement of building sites; to secure and maintain proper setabcks from street, and adequate free spaces between structures; and in general to provide adequately for a high type and quality of improvements in said property. CLAUSE III-GENERAL RESTRICTIONS + A. USES 1. The premises shall not, at any time, during the period of fifty (50) years from July 1, 1956, be used for any other than manufacturing, industrial or storage purposes, nor shall premises or any part thereof, at any time during said period, be used for the erection or ffii3.1 ntenllnce thereon of any dwell i ng, stares, hotels. sa 1 ooons, or boardi ng houses, and that there shall not be sold or disposed of at retail upon said premises or any part thereof, at any time during the period aforesaid, any spirituos, malt, or other intoxicating liquor of any kind ot description. 2. Any grantee must erect and complete a building or buildings on said land in strict accordance with plans and specifications to be approved by the Grantor, all of which must rAGE 2 ~ CLEARWATER INDUSTRIA::.' PARK j be done on or before two (2) 'Years from the date the Grantee acquires the land. Otherwise each Grantee covenants and a9rees that uron failure to do so the Grantor ma~' renurchase the land for the exact price paid by the Grantee without any interest or penalties. 3. All lands purchased must be occupied by bui1dinns or other structures so that not less tl;an Vtfentv-percent (20%) of the area purchased and not more than sixty ner cent (fiO%) there- of shall be occupied by buildings or structures. 4. The Grantee shall not cause or suffer to he erected, made, established, or carried on in any manner. on any part of the hereinabove descrihed premises any structure for the I~anufacture or sale of gunoowder, vitriol. ink, turpentine, oil, or naptha, class or varnish, or any other substance of any inherently danaerous nature. 5. No lot or plot as shown on said plat shall he subdivided without the written consent of Srantor. G. FUMES A~D GDORS 1. -'r~o-noxiou-s--or- offensive trade or activities shall be carried on, nor shall anythina be done thereon which may be or become an annoyance or nuisance to the said Industrial Park hereby restricted by reason of unsicfht1iness. or the emission of odors. dust, fumes, smoke or noise. C. CONSTnUCTION AND PLAf:T [;[jIGi: Y.' -~flrbu'ildin9's---erected -on th"e-'property shall conform to the construction standards soeci- fied in the City of C1ear\'later and Southern Buildin(1 Code in effect at the time of such construction. 2. i\l1 buildings erected on Vle property shall be of masonry construction or its e<1uiva1ent or better, but no bui1dinQ thereon shall be constrllctec1 of sheet aluminum, sheet asbestos, sheet iron or sheet steel: or corruClated aluminum, ashestns or iron. 3. No building shall be constructed with wooden frames. 4. Should any buildings be constructed of liaht-wei~ht anare0ate, concrete blocks. tile blocks or tile brick, the front facin~ the street of SllCh bui1dinas shall be finished with a ~inimum treatment, two-thirds of the front heinn stuccoed and one-third covered with face hl'ick, COI1:I1'on brick, natural stone, Terra rotta or slIch other materials of similar nature as approved by Grantor. 5. All entrances shall be protected with canonies, marnuees or other suitable method a~nroved by Grantor. 6. '.ihen the exterior vJall (exceptinn the front wall) are constructed of light weiQht ag- gregate or concrete blocks, unless such exterior walls are finished in stucco, natural stone or their equal, the joints shall be tooled or pointed and such exterior walls shall be rub- bed down and covered in an approved manner with wateroroof paint,or eoua1. 7. A1ldesigns, plans and specifications for all bui1dinns and structures must be submitted to and approved in writing by Grantor. D. LANDSCAPI~iG l~'-NoubliT'-d'ing or structure shall extend beyonc1 the builrJino lines, and it is hereby de- clared that said area between the bui1dina lines and the rronerty line is to be used either for open landscaped and qreen are~s or for off-street narking areas. If said area is to be landscaped. it shall be done attractive1v with lawn, trees. shrubs. etc., accordino to plans first approved in writing by the Grantor. If said area is to be used for off-street parkino, the parking arrangement and surface must likewise be annroved in writing by the Grantor, and landscaped areas shall be oronerly maintained thereafter in a siqht1y and well kept con- dition. 2. Parking areas shall be Jike\.Jise maintained in Qood condition. E. BUILDING SETBACKS: T. ."[fu-ild-j ng'sU~~1 i ch shall bc erected on the above descri bed rropertyshall be nearer than fifty (50) feet to the line of anyexistina or nronosed street, nor shall any such bui1dina be erected nearer than twenty-five (25) feet to the side lines of said property, or nearer than t\llenty (20) feet to the rear lot line, or nearer than five (5) feet to any easement line. 2. Grantor Shall have the right to waive enforcement of anv setback line a10nq the rear of any of the lots shown on said nlat where the same is reauired in connection with the use of conti fJUOUS lots Q\.med by the same l}rantee and where the same VJi 11 not detrimentally affect the adjoining lot owners. F. LOf.,DING DOCKS l.-T~o-lo'aaTnq-docks may be on any street frontaqe:provision for hand1ina all freight shall b~ on those s1des of any building I.:hidl do not face on anv street or prolJosed street. G. Pf\PKIHG F/\CILITIES . I. --Fo.r-"ea-cli' m-anu-facfuring" \'Jarehousinq or other use permitted in this area subject to these covenants, there shall be provided off-street automobile rarkino facilities, such facilities to be aprroved in writin(1 by Grantor but to be based oenerally, but not soecifically, at the rate of one parkinq space for each two emrlovees to be emrloyed on the premises bv the original Grantee thereof. ,-- I , ..........',._,J f I J! " ~ , r .. ." ~ ~ ".. ~ AMENDMENT TO PROTECTIVE COVENANTS OF THE CLEARWATER INDUSTRIAL PARK Amendment to protective covenants of the CLEARWATER INDUSTRIAL PARK, dated 9-9-57, filed 9-11-57, recorded in O. R. 169, Page 542, Public Records of Pinellas County, Florida. WHEREAS thECITY OF CLEARWATER, FLORIDA, has heretofore recorded in Official Record Book 115, at page 347, Pine11as County, records certain protective covenants of the Clearwater Industrial Park dated June 10, 1957, covering the following described property located in Pinellas County, Florida: All of Clearwater Industrial Park as filed in Plat Book 44, Page 46, Public Records of Pinellas County, Florida, AND WHEREAS, said City is still the owner.of all of said property and wishes to amend said Protective Covenants as hereinafter set out: . NOW THEREFORE, said City hereby amends the aforesaid Protective Covenants as follows: SECTIONS A-2 and A-3 respectively of Clause III, General Restrictions, are amended to read as follows: A-2. Any building or buildings on said premises must be erected and completed in strict accordance with plans and specifications to be approved by the Grantor. If ~ny Grantee, or SUCcessor Grantee, shall before construction on said premises elect to sell the same, Grantor shall have a ninety (gO) day option to repurchase at the same price paid by Grantee. If after construction on a portion of said premises, a Grantee or successor Grantee elects to sell all or a portion of the remaining unimproved premises owned by it, Grantor shall have a similar option to repurchase said unimproved portion by paying therefor the pro-rata part of the original purchase price. . A-3. No more than sixty (60) per cent of lands purchased maybe occupied by bUildings or structures and in the event of subdivision of any portion of land purchased as allowed by these restrictions only sixty (60) per cent of the subdivided portions may be so occupied. All other terms and conditions of said protective covenants except as herein amended, are ratified and confirmed.