GEORGE R. AND THERESA C. NOWAK
RFTI JRN TO:
Liberty Title Clearwater
1101 Belcher Road South
Largo, FI. 33771
File No,
THIS SPECIAL WARRANTY DEED
~
Made this _':f day of (\~ 2003 by the CITY OF
CLEARWATER, FLORIDA, a Municipal Corporation of the State of Florida hereinafter called
the "Grantor", to GEORGE R. NOWAK and THERESA C. NOWAK, husband and wife, whose
Post Office address is: 1555 Sunshine Drive, Clearwater, Florida 33765, hereinafter called the
"Grantee":
(Whenever used herein the term "grantor" and "grantee" include all the parties to this instrument and the heirs, legal representatives and assigns of individuals, and the
successors and assigns of corporations)
Witnesseth, that the grantor, for and in consideration of $10,00 and other valuable
considerations, receipt whereof is hereby acknowledged, hereby grants, bargains, sells, aliens,
remises, releases, conveys and confirms unto the grantee, all of the following parcel of real
property situate in Pinellas County, Florida, viz:
The West 399.78 feet of that certain Railroad Easement lying south of Lot 15,
CLEARWATER INDUSTRIAL PARK, according to the map or plat thereof as
recorded in Plat Book 44, Page 46, Public Records of Pinellas County, Florida, said
parcel being the same vacated by City of Clearwater Ordinance No. 7140-03, and
being SUBJECT TO a 10-foot water easement over and across the north ten feet
thereof.
Together with all the tenements, hereditaments and appurtenances thereto belonging or in
anywise appertaining.
To Have and to Hold, the same in fee simple forever,
Subject to nondelinquent ad valorem taxes and current installments of special assessments not
yet due and payable, to highways, rights-of-way, licenses, easements and restrictions of record
generally, zoning ordinances and other governmental limitations, or others which might be
disclosed by an accurate inspection and architectural survey,
And the said Grantor does specifically warrant the title to said land and will defend the same
against the lawful claim of all persons claiming by, through or under Grantor except taxes for the
year 2003 and subsequent, and subject to the matters hereinabove mentioned.
In Witness whereof, the grantor has caused these presents to be executed in its name, and its
corporate seal to be hereunto affixed, by its proper officers thereunto duly authorized, the day and
year first above written,
Page 1 of 2
/ 2-o(}5~03
Signatories - Special Warranty Deed
City of Clearwater to George R. & Theresa C. Nowak
Countersigned:
OF CLEARWATER, FLORIDA
~.d
Wlliam B, Horne, II, City Manager
STATE OF FLORIDA
: ss
COUNTY OF PINELLAS
BEFORE ME, the undersigned. personally appeared Brian J, Aungst, Mayor-
Commissioner of the City of Clearwater. Florida, who executed the foregoing instrument and
acknowledged the execution thereof to be his free act and deed for the use and purposes herein
set forth, and who is personally known to me, ~
WITNESS my hand and official seal this 3 f\; day of
C rX>. ~
Notary P~f Florida
A"intltype name:
~
.2003.
STATE OF FLORIDA
~..-;..\t.~~ Carolyn L Brink
ff.'1'''"');.'1l:~ MY COMMISSION I 00203569 EXPIRES
~:.,,&.1..l May 22, 2007
--~;;...,,~., BONDED THRU TROY FAIN INSURANCE,INC.
'11,.1\1'
:SS
COUNTY OF PINELLAS
BEFORE ME, the undersigned, personally appeared William B, Horne, II, the City
Manager of the City of Clearwater, Florida, who executed the foregoing instrument and
acknowledged the execution thereof to be his free act and deed for the use and purposes herein
set forth, and who is personally known to me, A ~
WITNESS my hand and official seal this~ day of
C~ ~~ ~ ~
Notary Public - S te of Flonda
A"intltype name:
Y1.Anr-
,2003,
Approved as .to-form:
.... .~L..i
/ ljr
~
Laura LipowSki, Assistant City Attorney
"...~~ Carolyn L Brink
{..rA~::. MY COMMISSION # 00203569 EXPIRES
;>!\"~~ May 22, 2007
"1~iif.,r.,W BONDED THRU TROY FAIN INSURANCE, INC
Page 2 of 2
CONTRACT FOR SALE OF REAL PROPERTY
BY
THE CITY OF CLEARWATER, FLORIDA
PARTIES: The CITY OF CLEARWATER, FLORIDA, a Municipal Corporation of the State of Florida (herein
"Seller" or "City"), P. O. Box 4748, Clearwater, Florida 33758-4748, and George R. and Theresa C. Nowak,
husband and wife, 1555 Sunshine Drive, Clearwater, FI. 33765 (herein "Buyer"), (collectively "Parties"), hereby
agree that the Seller shall sell and Buyer shall buy the following real property ("Real Property") and personal
property, if any ("Personalty") (collectively "Property") upon the following terms and conditions.
THE "EFFECTIVE DATE" OF THIS CONTRACT IS THE DATE OF EXECUTION BY
DULY AUTHORIZED CITY OFFICIALS. TIME IS OF THE ESSENCE IN THIS
CONTRACT.
Time periods of 5 days or less shall be computed without including Saturday,
Sunday, or national legal holidays and any time period ending on a Saturday,
Sunday or national legal holiday shall be extended until 5:00 P.M. of the next
business day.
1. PROPERTY DESCRIPTION
LEGAL DESCRIPTION: The West 399.78 feet of that certain Railroad Easement lying south of LOT
15, CLEARWATER INDUSTRIAL PARK, according to the plat thereof as
recorded in Plat Book 44, Page 46, of the Public Records of Pinellas
County, Florida, said parcel being the same vacated by City of Clearwater
Ordinance No. 7140-03, and being subject to reservation of a 10-foot
water easement over and across the north ten feet thereof.
Containing 19,989 square feet, more or less.
/) Iv,' B
,,,,,:,. ' '
STREET ADDRESS: Non-addressed lot lying south of 1555 Sunshine Dr., Clearwater, FI. 33765
PERSONALTY: None to be conveyed OI-2cr"-/5~61?fl--oO()-'O/r:~>
2. FULL PURCHASE ~RICE ................................................................................., $ 40,000 00
3. MANNFR OF PAYMENT
Earnest Money Deposit(s) due upon acceptance to be held by.................................$ N/A
Balance to be paid at closing in U.S. funds, cash, certified or
Cashier's check, subject to adjustments and prorations..........................................$ 40,000 00
4. TIMF FOR ACCEPTANCE
Following execution of this contract by Buyer, the price, terms and conditions as contained herein shall remain
unchanged and be held unconditionally open for a period of 45 days following delivery in duplicate original to Earl
Barrett, Real Estate Services Manager of the City of Clearwater for acceptance and approval or rejection by
action of the Clearwater City Commission ("Commission"). If this agreement is accepted and approved by the
Commission, it will be executed by duly authorized City officials and delivered to Buyer within 10 days thereafter.
If this contract is rejected by the Commission upon initial presentation to the Commission, this contract shall be
null and void in all respects and Buyer shall be so informed in writing within 5 days of such action.
5. IIILE
Seller shall convey marketable title to the Property by SPECIAL WARRANTY DEED. subiect onlv to m;:)ttpr~
exceptions or qualifications set forth in this Contract. Marketable title shall be determined according to applicable
Title Standards adopted by The Florida Bar and in accordance with law. Buyer shall have 10 days to examine
title evidence following receipt. If title is found defective, Buyer shall, within 3 days thereafter, notify Seller in
writing specifying defect(s). If the defect(s) render title unmarketable, Seller will have 120 days from receipt of
notice within which to remove the defect(s), failing which Buyer shall have the option of either accepting the title
as it then is or withdrawing from this Contract. Seller will, if title is found unmarketable, make diligent effort to
correct defect(s) in title within the time provided therefore, including the bringing of necessary suits.
7. SURVEY
Buyer, at Buyer's expense, within time allowed to deliver evidence of title and to examine same, may have Real
Property surveyed and certified to the Buyer, Seller and closing agent by a registered Florida land surveyor. If
survey shQws any encroachment on Real Property, or that improvements located on Real Property encroach on
setback lines, easements, lands of others, or violate any restrictions, contract covenants or applicable
governmental regulation, the same shall constitute a title defect.
8. CLOSING PLACE AND DATE
Buyer shall designate closing agent and this transaction shall be closed in the offices of the designated closing
agent in Pinellas County, Florida, on or before 30 d~y~ fnllowing EffActivA DatA, unless extended by other
provisions of this contract. If either party is unable to comply with any provision of this contract within the time
allowed, and be prepared to close as set forth above, after making all reasonable and diligent efforts to comply,
then upon giving written notice to the other party, time of closing may be extended up to ...3O-days without effect
upon any other term, covenant or condition contained in this contract.
9. CLOSING DOCUMENTS
Seller shall furnish deed, bill of sale, construction lien affidavit, assignments of leases, tenant estoppel letters,
and corrective instruments as applicable to this transaction. Buyer shall furnish closing statement.
10. CLOSING EXPENSES
Recordation of the deed and Documentary stamps on the deed, unless this transaction is exempt under
Chapter 201.24, Florida Statutes, shall be paid by the Buyer. Seller shall pay the costs of recording any
corrective instruments.
11. PRORATIONS; CREDITS
If there should exist any taxes, assessments, rent and other revenue specific to the Property, all of such
expenses and revenue shall be prorated through the day before closing. If the amount of taxes and assessments
for the current year cannot be ascertained, rates for the previous year shall be used with due allowance being
made for improvements and exemptions. Any deposits held by Seller in trust for third parties in occupancy of the
Property shall be credited to Buyer at time of closing. Assessments for any improvements that are substantially
complete at time of closing shall be paid in full by Seller.
12. PROPERTY CONDITION
Seller shall deliver the Property to Buyer at time of closing in its present "as is" condition, ordinary wear and
tear excepted, and shall maintain the grounds in a comparable condition. Seller makes no warranties other than
as disclosed herein in Paragraph 14 ("SELLER WARRANTIES") and marketability of title.
13. SELLER HELD HARMLESS
Buyer agrees to indemnify and hold harmless the Seller without limitation from any losses, damages, costs,
~cludi~g atto.r~eY'sfee~, cla,ims of injury to or death of any person(s), any damage to property of Buyer, or the
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 lias is",
waiving all rights against Seller as to any intervening defect except as may be available to Buyer by virtue of
warranties contained in the deed. The escrow and closing procedure required by this provision shall be waived if
title agent insures adverse matters pursuant to Section 627.7841, F.S. (1987), as amended.
16. DEFAUI T
If Buyer fails to close within the time specified (including payment of all deposit(s)), the deposit(s) paid by
Buyer may be retained by or for the account of Seller as agreed upon liquidated damages, consideration for the
execution of this contract and in full settlement of any claims; whereupon, Buyer and Seller shall be relieved of all
obligations under this contract. If, for any reason other than failure of Seller to make Seller's title. marketable after
diligent effort, Seller fails, neglects or refuses to perform this contract, the Buyer may seek specific performance
or elect to receive the return of Buyer deposit(s) without thereby waiving any action for damages resulting from
Seller's breach. Seller does not waive any rights, claims, or action for damages resulting from Buyer's failure to
perform any other terms of this contract.
17. RADON GAS NOTIFICATION
RADON GAS: Radon is a naturally occurring radioactive gas that, when it has accumulated in a
building in sufficient quantities, may present health risks to persons who are exposed to it over
time. Levels of radon that exceed federal and state guidelines have been found in buildings in
Florida. Additional information regarding radon and radon testing may be obtained from your
county public health unit.
18. CONTRACT NOT RFCORDABLE; PERSONS BOUND
Neither this contract nor any notice of it shall be recorded in any public records. This contract shall bind and
inure to the benefit of the parties and their successors in interest. Whenever the context permits, singular shall
include plural and one gender shall include all.
19. NOTICE
All notices provided for herein shall be deemed to have been duly given if and when deposited in the United
States Mail, properly stamped and addressed to the respective party to be notified, including the parties to this
contact, the parties attorneys, escrow agent, inspectors, contractors and all others who will in any way act at the
behest of the parties to satisfy all terms and conditions of this contract.
20. ASSIGNABILITY; PERSONS BOUND
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).
21. ATTORNEY FFES; COSTS
In any litigation arising out of this contract, the prevailing party shall be entitled to recover reasonable
attorney's fees and costs.
22. NO BROKER
~ ' , ,"
24. EFFECT OF PARTIAL INVALIDITY
The invalidity of any provision of this contract will not and shall not be deemed to effect the validity of any other
provision. In the event that any provision of this contract is held to be invalid, the parties agree that the remaining
provisions shall be deemed to be in full force and effect as if they had been executed by both parties subsequent
to the expungement of the invalid provision.
25. GOVERNING LAW
It is agreed by and between the parties hereto that this contract shall be governed by, construed, and enforced
in accordance with the laws of the State of Florida.
26. COUNTERPARTS; FACSIMILE COPY
This contract may be executed in two or more counterparts, each of which shall be deemed an original and all
of which together shall constitute one instrument. A facsimile copy of this contract, including any addendum,
attachments and written modifications hereof, and any initials or signature thereon shall be deemed an original.
27. MERGFR RY DEED
All covenants, warranties, and representations contained herein shall merge with the deed at time of closing,
except as may be specifically excluded elsewhere in this agreement. Upon delivery of deed by the City, and
acceptance thereof by Buyer, the Buyer shall hold the City forever harmless thereafter.
28. ENTIRE AGREEMENT
Upon execution by Seller and Buyer, this contract shall constitute the entire agreement between the parties,
shall supersede any and all prior and contemporaneous written and oral promises, representations or condition in
respect thereto. All prior negotiations, agreements, memoranda and writings shall be merged herein. Any
changes to be made in this agreement shall only be valid when expressed in writing, acknowledged by the
parties and incorporated herein or attached hereto.
THIS IS INTENDED TO BE A LEGALLY BINDING CONTRACT. IF NOT FULLY UNDERSTOOD,
SEEK THE ADVICE OF AN APPROPRIATE PROFESSIONAL FOR LEGAL, TAX, ENVIRONMENTAL
AND OTHER SPECIALIZED ADVICE PRIOR TO SIGNING.
Date:
Buyerd~ a~
Theresa C. Nowak
Buyer
________.0;___________________.;.______________________________________________________________________________________________________________________
APPROVED AND ACCEPTED THIS ~'ay of 0 G~
,2003.
counle~: /l/J
/; ( /)/;Aj -""
CITY OF CLEARWATER, FLORIDA
A?M
~ JJ
-,.,-