JAMES HUDSON JR
RETURN TO:
Stewart Title of Clearwater
1290 Court Street
Clearwater, FI. 33756
File No. 01090068
THIS SPECIAL WARRANTY DEED
Made this 4th day of October , 2001 by the City of
Clearwater, Florida, a Florida municipal corporation, hereinafter called the
"Grantorlf, to the James W. Hudson, Jr., a single man, whose mailing address is .
P.O. Box 20554, Tampa, FL 33622
: hereinarter called the "Grantee",
(Whenever used herein the term "Grantor" and "Grantee" include all of the parties to this agreement 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 for right-of-way
purposes, that certain parcel of real property situate in Pinellas County, Florida, vis:
Lot 11, ENGHURST ADDITION TO CLEARWATER, according to
the map or plat thereof as recorded in Plat Book 1, Page 23,
Public Records of Pinellas County, Florida. Cf..-'2 9 -/~- 25Cf:20 7/00 -() /10
To have and to hold forever, together with all the tenements, hereditaments and
appurtenances thereto belong or in anywise appertaining;
And the said Grantor does specifically warrant the title to said real property and will
defend the same against the lawful claim of all persons claiming by, through or under
the Grantor.
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
,~'
Signature page: Spec. Warr. Deed
Grantor: City of Clearwater, Florida
Grantee: James W. Hudson, Jr.
RE: Lot 11, ENGHURST ADD. TO CLW.
Countersigned:
CITY OF CLEARWATER, FLORIDA
8Y:~ArV~"3T
IIIiam B. Horne, II, City Manager
Attest:
STATE OF FLORIDA )
) ss
COUNTY OF PINELLAS )
nthia. E~ 'Gol,Jpeau,<;:ity Clerk
, {: 'i i' r'; I ~" 1
BEFORE ME, the undersigned authority, 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 person~known to me.
WI~ESS my hand and official seal this c.; day of October, 200l.
~k-~~.~
Notary Public - Stat of Flonda
Print/type name
(seal)
STATE OF FLORIDA
)
) ss
)
NOT Any PUBLIC - ST AlE OF FLORIDA
CAROLYN L BRINK
COMMISSION" CC834678
EXPIRES 5/2212003
BONDED THRU ASA 1-BBB-NOTARY1
COUNTY OF PINELLAS
BEFORE ME, the undersigned authority, personally appeared William B. Horne,
II, 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.
~-- ~~
Notary Public -- State o~lorida (seal)
Print/type name
NOTA.-W PUDl.IC - STATE OF FLORIOA
CAROLYN L BRINK
COMMISSION" CC834678
EXPIRES 5/2212003 ,
BONDED THRU ASA I-B88-NOTARY1 I,:
,.
Professional Termite and Pest Control, Inc.
1020 49th St. S.
St. Petersburg. FL 33707
Ph: 727 323-8866
Fax: 727327-6477
Buyer Hudson
Seller Citv of Clearwater
Inspection Fee $60.00
licensee Name Professional Termite and Pest Control, Inc.
licensee Address 1020 49th St. S., St. Petersbur2, FL 33707
Inspector Ian A. McPherson Inspeeuon Da. 10/04/2001 l~nDli<:allon Card No
Requested By Wanda/Sun Bay Mortqaqe 796-7040
lH_, ,AClCI'U',
Property Inspected 1208 North Garden Avenue, Clearwater FL 33755
WOOD.DESTROYING ORGANISMS INSPECTION REPORT
Section 482,226. Florida Slalules
12367
License Number
1102
5370
'AClCIr...)
SpeCifiC Structures InspeCled Residential
Slructures on Property NOT Inspected None
Areas of StruclUre(s) NOT Inspecled Parts of attic (insulation, limited. A/C) Interior
Reason NOT Inspecting See scope of inspection below
SCOPE OF INSPECTION
"Wood-desll'Oying organism" means .nIvopod a ~nt life whidl damagea and can reintest ..alOned woad in a structure. namely Ilermi18S, powder
post ~des, ol6louse borers. and wood decaytng fungi.
THIS REPORT IS MADE ON THE BASIS OF WHAT WAS VISIBLE AND ACCESSIBLE AT THE TIME OF THE INSPECTION and is nol an opinion
coyering areas such as, but nol necessarily IimitecllO. those t~t are eneloNd or inaccessible. areas concealed by wall coverings. lloor cover.
rngs. 'urnllure, equipment. stored articles, or any portion 01 the structure In wh.ch inspeClion would neeessitate removing or defOlcing OIny pOlrt
ot lhe structure.
THIS IS NOT A STRUCTURAL DAMAGE REPORT. A wOOd~estroying organisms inspector IS not ordinarily a construetion or building trade expert
and tnerefore is not expected to possess any special qualifications which WOUld enable him to allestlo the structural soundness of Ihe property
IF VISIBLE DAMAGE OR OTHER EVIDENCE IS HOTED IN THIS REPORT (ITEM NUMBER (3) OF THIS REPORT), FURTHER INVESTIGATION
BY QUALIFIED EXPERTS OF THE BUILDING ~ADE SHOULD BE MADE TO DETERMINE THE STRUCTURAL SOUNDNESS OF THE PROPERTY
THIS REPORT SHAll NOT BE CONSTRUED TO CONSTITUTE A GUARANTEE OF THE ABSENCE OF WOOD-DESTROYING ORGANISMS OR
DAMAGE OR OTHER EVIDENCE UNLESS THIS REPORT SPECIFICALLY STATES HEREIN THE EXTENT OF ~H GUARANTEE.
REPOAT OF FINDINGS g~~O"-l""
(1) Visible eVidence of WOOd-destroying organisms observed: No 0 Yes ~ Drywood t~. h..~
~ ~"'Ou~ "Nlm, 0' Ofg.n1lml)
locations: See reverse \,.. X
C2l Lille wood.destroying organisms observed: No ~ Yes 0 ~
rei
locations:
It copy of the contracl is allached
(3) "islble dOlmage observed: No 0 Yes ~ D
loclltions: See reverse
44) Visible evidence of prevIous treatment was observed:
Explain:
(sl This company has treated the structure(s) at lime of inspection:
jOrlll"'lms l'uteet)
f6) This company has treated the structure(5): No Xl Yes 0, If YES: Dale of Treatment:
(P."IC:'CIe UH<II
(Com""", N..... or O'g..,.I....1 ,Com"'O" He.... 01 Pe'''CICI.,
(7) A notice 01 this inspection GC1 and lor trealmen, 0 nas been affilled 10 lne structure(s):
Water heater
(Loce"on 01 NO"ce(11I
'COMMENTS: Recommend fumiqation for drvwood termites unless presently
under contract. See reverse for estimate.
Neither the licensee nor the inspector has any "nanCial inter.st in lhe propeny inspected or is associated in any way in the transaction
wltl'lany pany to the transaction other than for inspection purposes,
SEND REPORT TO PERSON WHO REOUESTED THIS I~SPECTION AND TO:
Stewart Title
Fax @ 447-4663 Fax @726-5062
QiA- '
Slgnalure 01 Licensee or Agent
"'--"
Dale 10/4/01
T30645 (' 145)
~EV 1'-9~ (Obsoletes PrevIOus Ed/bOns)
SELLER'S AFFIDAVIT (GAP)
STATE OF FLORIDA
FILE NO: 01090068
COUNTY OF PINELLAS
BEFORE ME, the undersigned, this day personally appeared
("Affiant(s)"), who, being by me first duly sworn, says:
1.
is/are the owner(s) of certain real property located in Pinellas County, Florida, which is
more particularly described on Exhibit. "A" attached hereto and made a part hereof (the "Property").
2. Affiant(s) is familiar with Stewart Title Guaranty Company's Owner's Title Insurance Commitment
No. C-01090068 bearing an effective date of September 20, 2001 5:00 p.m.
(the "Commitment").
3. There have been to my knowledge no documents recorded in the Public Records of Pinellas
County, Florida subsequent to September 20, 2001 5: 00 p. m. which affect title to the Property
insured; and (i) that there are no matters pending against them that could give rise to a lien that would
attach to the subject property between the effective date of the Commitment and the recording of the
instruments giving rise to the interest to be insured, and (ii) that the affiants have not executed and will
not execute any instrument that would adversely affect the title to the subject property or the lien of any
mortgage to be insured pursuant to the Commitment, save and except the following:
4. This affidavit is given to induce Stewart Title Guaranty Company and its authorized Agent,
STEWART TITLE OF CLEARWATER, INC. , to issue an Owner's Title Insurance Policy to
JAMES W. HUDSON, JR.
Dated, this 23 rd day of October
, 2001 CITY OF CLEARWATER
CITY OF CLEARWATER
~ ~/~ G~
BY: "G:?~-e~;;:~...?~-
mAL BARREIT
Sworn to and subscribed before me this 23rd day of October
OF CLEARWATER
, 2 0 0 1 ,ClIyry
My commission expires
r who has/have produced driver license(s}1jj identificati
E soMERS - .
\RONALD '. stato at F\OI\dB
"'~c:. Notal'f P~:k,n expires W7KJ:
! ~ WrY com~ No #CC78227
'i l'! commisSlOO .
I:
,
BORROWER'S AFFIDAVIT (GAP)
STATE OF FLORIDA
FILE NO: 01090068
COUNTY OF PINELLAS
BEFORE ME, the undersigned, this day personally appeared JAMES W. HUDSON, JR.
("Affiant(s)"), who, being by me first duly sworn, says:
1. JAMES W. HUDSON, JR.
is/ are the proposed purchaser( s) and or borrower( s) of certain real property located in Pine 11 as
County, Florida, which is more particularly described on Exhibit "A" attached hereto and made a part
hereof (the "Property").
2. Affiant(s) is familiar with Stewart Title Guaranty Company's Mortgagee's Title Insurance
Commitment # C- 01090068 bearing an effective date of September 20, 2001
5: 00 p. m. (the "Commitment").
3. There have been to my knowledge no documents recorded in the Public Records of Pinellas
County, Florida subsequent to September 20, 2001 5:00 p.m. which affect title to the
Property insured; and (i) that there are no matters pending against them that could give rise to a lien that
would attach to the subject property between the effective date of the Commitment and the recording of
the instruments giving rise to the interest to be insured, and (ii) that the affiants have not executed and
will not execute any instrument that would adversely affect the title to the subject property or the lien of
any mortgage to be insured pursuant to the Commitment, save and except the following:
4. This affidavit is given to induce Stewart Title Guaranty Company and its authorized Agent,
STEWART TITLE OF CLEARWATER, INC. , to issue a Mortgagee's Title Insurance Policy to
FIRST UNION MORTGAGE CORPORATION
Dated, this 23rd day of October
, 2001 .
",--'.
Sworn to and subscribed before me this 2 3 rd
JAMES W. HUDSON, JR.
day of October
2 0 0 1 , by
My commission expires
I~c:,
.. !
'i. n
who has/have produced driver licensees) as identification.
.,//
- ../
/-:.~'-~
1d-1
RONALD E.SOMER~ F1of1da
\ Notal)' pu~~, S~res 11f7102
=s::=o. #CC762274
DISCLOSURE, CONSENT AND GRANT OF PERMISSION
TO EARN INTEREST ON ESCROWED FUNDS
STEWART TITLE OF CLEARWATER, INC. ("Stewart"),
is providing title insurance and closing services, and has issued Commitment No. C - 01090068
dated September 20, 2001 5: 00 p. m. in connection with a real estate transaction in which you
are a party as a buyer, seller or mortgagor ("Transaction").
Disclosure: Money owned by a party or parties to your Transaction will be received by Stewart in connection with the
Transaction and will be held by Stewart in Trust ("Escrowed Funds") until disbursement is properly authorized. As a title
insurance agent licensed by the Florida Department of Insurance ("Department"), Stewart is required by law and
Department rule to immediately deposit Escrowed Funds, when received, in an escrow trust account in a financial
institution insured by an agency of the federal government and located within this state.
Stewart intends, upon receiving all consents required in connection with the Transaction, to (a) deposit Escrowed Funds
from the Transaction, together with similar funds from other transactions, in an interest-bearing trust account, and (b)
retain the interest earnings from such trust account in consideration for services provided in administering and properly
disbursing the Escrowed Funds. Any escrow fee paid by any party involved in this transaction shall onlv be for check
writing and computer input, but not for any of the accounting, bookkeeping, auditing, messenger, and other services.
Department rules provide that a title agent may not deposit such funds in an interest-bearing trust account without the
written consent of the buyer and the seller in a sale transaction, or "use" money in its escrow trust accounts without
permission of the owner of the money, given after full disclosure of the circumstances. Therefore, if this form (or a
counterpart hereof) is not signed (by both buyer and seller if a sale transaction, or by the owner of the Escrowed Funds
if a financing transaction) and received by Stewart prior to Stewart's receipt of the Escrowed Funds in its capacity as
escrow agent in the Transaction, the Escrowed Funds in this Transaction will be deposited in a trust account on which
no interest is earned.
Grant of Permission: Having read and understood the foregoing "Disclosure", I/we Purchaser/Borrower
fi] do, or 0 do not, and Seller ~ do , or 0 do not hereby grant permission for and consent to Stewart's deposit
of the Escrowed Funds in a trust account upon which interest will be paid to and retained by Stewart.
October 23, 2001
Date
ES W. HUDSON, JR.
of
(Titl ) (Corporate or other entity name, if Applicable)
please check all that apply ~ Buyer / _Seller / _ Mortgagor
Date
Print Name:
As of
(Title) (Corporate or other entity name, if Applicable)
please check all that apply _ Buyer / _Seller / _ Mortgagor
CITY OF CLEARWATER
October 23, 2001
Date
/C::;7 '# Ch.
u~;':?c?'1'.eFt'~~~
'!MIl Name: EAR BARREIT
As MANAGER of CITY OF CLEARWATER
(Title) (Corporate or other entity name, if Applicable)
please check all that apply _ Buyer / ~ Seller / _ Mortgagor
Date
Print Name:
As of
(Title) (Corporate or other entity name, if Applicable)
please check all that apply _ Buyer / _Seller / _ Mortgagor
ORDER NO: 01090068
D I S C LOS U R E
We, the Owners/Purchasers of that certain real property
located at: 1208 N GARDEN AVENUE, CLEARWATER, FL 33755
Pinellas County, Florida, do hereby disclose the following facts
of said property.
known to me which may materially affect the value or desirability
I HEREBY CERTIFY that I have no knowledge of any facts or
defects in said property which may materially affect the value or
desirability of said property, except as set forth above. I
acknowledge that this disclosure will be given to the listing
broker, the selling broker, and any prospective buyer.
I HEREBY CERTIFY that as the buyer(s) I have inspected the above
property and accept same.
STATE OF FLORIDA
COUNTY OF PINELLAS
CITY OF CLEARWATER
t;;.? ~ ~
BY: r;:;;:;~e~~ (>:[J:z~~~'/ ....
EARL BARRETT
JR.
The foregoing instrument was acknowledged before me
of October, 2001, by EARL BARREIT
CITY OF CLEARWATER, who has produced
identification and who did take an oath.
p,
RONALD E.SOME~ Y PUBL
Notary Public, State Of Florida
My Commission Expires 1117102
Commission No. #CC782274
My Commi s s i on Exp i r~\
6 I:
'#- "
STATE OF FLORIDA
COUNTY OF PINELLAS
this 23rd day
of
I'.
.,~~:
'1'1,
, I ~I
Ii
The foregoing instrument was acknowledged before me this 23rd day
of October, 2001, by JAMES v!. HUDSON, JR., jl1l<:1---lJas proced
drivers lic.ense , as identification 0 di t e an oath.
My Commission Expires:
{&il
RONALD E.SOMERS
Notary Public, State Of Florida
My Commission ExpIres 1117102
Commission No. #CC762274
AUTHORIZATION AND ACKNOWLEDGEMENT FORM
DATE: October 23, 2001
FILE NO.: 01090068
LEGAL:
LOT 11, ENGHURST ADDITION TO CLEARWATER
SELLER:
CITY OF CLEARWATER
BUYER:
JAMES W. HUDSON, JR.
We hereby approve and acknowledge receipt of a copy of the
Statement and actual cost (DISCLOSURE/SETTLEMENT STATEMENT - HUD
FORM 1) and authorized disbursement of funds as shown therein this
23rd day of October, 2001. We further acknowledge that we
understand utility bills are not included in this statement and
that the proration of taxes as shown in the statement of actual
cost is based on the latest information available. If any
changes are to be made in this proration when the tax bill is
received, it will be handled between the parties of this
transaction. Stewart Title Company of Clearwater, Inc., will not
be held responsible. It is further understood that Stewart Title
Company of Clearwater, Inc., cannot, at this time, ascertain if
there will be personal property tax on subject property or an
amount on which to base a proration. Any proration necessary
when tax bills become available will be handled between the
parties to this transaction, outside of Stewart Title Company of
Clearwater, Inc. Stewart Title of Clearwater will not be held
responsible.
THAT ALL UTILITY BILLS (WATER, SEWER, ELECTRIC, MAINTENANCE
FEES) HAVE BEEN PAID OR WILL BE PAID UPON RECEIPT OF FINAL BILLS.
INITIALS
INITIALS
INITIALS
INITIALS
SELLER'S
BUYER'S
CITY OF CLEARWATER
/--)
BY:~~~t~~-
SELLER'S FORWARDING ADDRESS:
4/l--<//;Vff;!:7./Ak-: t>?;<"I"':
~/rr c/;z Zle.~?(~/L
p~ c'. /..;c~q7'/rf .. .
L(e.tf,11 a'rf~1 /~, .557..5'f-9'h"g
HOME PHONE# 72 7 cf;2( c.cPc.({;
WORK PHONE# 7 Z 7 ~'-6:Z (j 7SV
BUYER'S FORWARDING ADDRESS:
f ~ bc>x.
'74 W7fJ~1
HOME PHONE#
--LL) %'t-
I f"C __ 7~1o ?, ~
7 L/ ,;4-Lf 7 'i..~4=2-
'7 ~-1 i'f~ '~1:72~
WORK PHONE#
THIS IS TO FURTHER AUTHORIZE TO
APPROVE ANY CHANGES NECESSARY TO THE CLOSING STATEMENT.
INC.
BY:
TO BE FILLED IN PERSONALLY BY SELLER OR BORROWER IN HIS OWN
HANDWRITING
INDEMNITY AND AFFIDAVIT AS TO DEBTS. LIENS. AND POSESSIONS
SELLER OR OWNER-BORROWER: CITY OF CLEARWATER, BY: EARL BARRETT
LEGAL DESCRIPTION: LOT 11, ENGHURST ADDITION TO CLEARWATER
PURCHASER: JAMES W HUDSON, JR
Personally known to me to be the person whose name is subscribed hereto, and upon his oath deposes and says:
are:
I, the seller. 0\\11er-borrower, and/or contractor, represent to the purchaser and/or lender in this transaction that to my knowledge there
\, No unpaid debts for plumbing fixtures, water heaters, floor furnaces, air conditioners, radio or television antennae, carpeting,
rugs, lawn sprinklers, venetian blinds, window shades, draperies, electric appliances, fences, street paving, or any personal
property or fixtures that are located on the subject property described above, and that no such items have been purchased on time
payment contracts, and there are no securily interests on such property secured by a financing statement, security agreement or
otherwise except the following: (If none, so Slate)
Ni\M AND ADDRESS OF SECURED PARTY APPROXIMATE AMOUNT
( ~/
"2;-" No loans of any kind on said property except the following:(ifnone, so state):
~r. AND_ADDRESS OF CREDITOR
/~}ff ~
~ ~/
r-- All labor and matenal used in the construction of improvements or repaIrs on the above descnbed property have been paid for
and there are now no unpaid labor or material claims against the improvements or the property upon which same are situated,
and 1 hereby declare that all sums of money due for the eredction of improvements or repairs have been fully paid and satisfied,
except (If none, so state)
NAME ANI> ADDRESS OF SUPPLIER OF LABOR, SERVICES OR MATERIALS
g~, /&7V<
~ I, the purchaser, represent that I have no knowledge of any debts or liens of any kind other than those listed above, except: (If
none, so state)
NAME AND ADDRESS OF SECURED PARTY, CREDITOR, SlJPPLlER OF LABOR OR MATERIALS
/ APPROXIMATE AMOUNT
APPROXIMATE AMOUNT
APPROXIMATE AMOUNT
5, I, the owner-borTower, or purch ser, have not been given nice of the furnishing or intent to furnish any labor, services, or
materials in connection with any improvements or repairs to said property from any person or finns, except: (If none, so state)
SUPPLIER OR LABOR, SERVICES OR MATERIALS APPROXIMATE AMOUNT
'--"
6. I, the undersigned owner, further certify Ihat the real estate d pcrsonal property above described arc in the actual possession of
the undersigned and is not in the posscssion, actual or con tructive, of any pcrson. pcrsons. or organizations holding or claiming
same, adversely to the undersigned under contract, lease or any other color of title or right of possession ,
THE IMPROVEMNETS OR REPAIRS TO SAID PROPERTY ARE NOW COMPLETED AND IIA VE BEEN ACCEPTED BY
PURCHASER AND/OR OWNER-BORROWER.
INDEMINTY: I, THE SELLER, OWNER-BORROWER, AND/OR CONTRACTOR, AGREE TO
PAY ON DEMAND TO THE PURCHASERS AND/OR LENDER IN THIS TRANSACTION,
THEIR SUCCESSORS AND ASSIGNS, ALL AMOUNTS SECURED BY ANY AND ALL LIENS
NOT SHOWN ABOVE, TOGETHER WITH ALL COSTS, LOSS AND ATTORNEY'S FEES
THAT SAID PARTIES MAY INCUR IN CONNECTION WITH SUCH UNMENTIONED LIENS,
PROVIDED SAID LIENS EITHER CURRENTLY APPLY TO SUBJECT PROPERTY, OR A
PART THEREOF OR ARE SUBSEQUENTLY ESTABLISHED AGAINST SAID PROPERTY
AND ARE CREATED BY ME, KNOWN TO ME OR HAVE AN INCEI)TION DATE PRIOR TO
THE CONSUMMATION OF THIS TRANSACTION.
I REALIZE THAT THE PURCHASER AND/OR LENDER IN THIS TRANSACTION ARE
RELYING ON THE REPRESENTATION CONTAINED HEREIN IN PURCHASING SAME
STATE OF FLORIDA
COUNTY OF PINELLAS
,1'
SWORN TO AND SUBSCRIBED BEFORE ME THIS 23RD DAY OF OCTOBER, 2001.
CITY ~F~AR~R C;~ ____
BY: ~c?lt6f#~/;er~
EARL BARRETT
1. Jj?~
F WY;UDSON,.JR
NOTARY PUBLIC:
MY COMMISSION EXPIRES:
lA:"~
i~~
RONALD E.SOMERS
Notary Public, State Of Florida
My Commission Expires 1117102
Commission No. #CC782274
B.TYPE OF LOAN
------------
1. [lFHA 2. [ lFMHA 3. [ lCONV. UNINS.
4. [lVA 5. [XlCONV. INS.
6. FILE NUMBER: . ----r-~OAN NUMBER:
01090068 ~~ 7311354-00
8. MTG. INS. CASE NO.:
This form is furnished 10 give you a stalement of actual settlement costs. Amounts paid to and by the seulement agent are shown. Items marked
("p.o.c. ") were paid outside the dosing: they are shown here for information purposes and are not indudcd in the [Dtals.
I A:, ' ","~DEPARTMENT
OF HOUSING AND URBAN DEVELOPMENT
C.' NOTE:
D_ NAME OF BORROWER: JAMES \.I. HUDSON, JR.
E.
ADDRESS: 2208 HAMPSTEAD COURT, SAFETY HARBOR, FL 33767
NAME OF SELLER: CITY OF CLEAR\.IATER , a Municipal Corporation
ADDRESS:
F. NAME OF LENDER:
PO BOX 4748, CLEARWATER, FL 33758
FIRST UNION MORTGAGE CORPORATION
1100 CORPORATE CENTER DRIVE
RALEIGH, NC 27607
Lot 11 ENGHURST ADDITION TO CLEARWATER
1208 N GARDEN AVENUE CLEARWATER FL 33755
ADDRESS:
G.PROPERTY LOCATION:
H. SETTLEMENT AGENT: STEWART TITLE OF CLEAR\.IATER
ADDRESS: 1290 COURT ST.
CLEAR\.IATER, FL 33756
PLACE OF SETTLEMENT: STEWART TITLE OF CLEAR\.IATER
ADDRESS: 1290 COURT ST.
CLEARWATER, FL 33756
J. SUMMARY OF BORROWER'S TRANSACTION
100. GROSS AMOUNT DUE FROM BORROWER:
101.
J02.
J03.
104.
J05.
Contract sales price
Personal p..J:ClIlerty
Settlement charges to borrower(line l400)
47,551.50
4,535.26
Adjustmems for items paid by seller in advance:
106. City/town taxes
107. County laxes
108. Assessments
10'),
110.
Ill.
to
to
to
112.
120. GROSS AMOUNT DUE FROM BORROWER:
52,086.76
200, AMOUNTS PAID BY OR IN BEHALF OF BORROWER:
201. Deposit or earnest money
202. Principal amount of new loan(s)
203. Existing loan(s) taken subject to
204.
205.
206,
207,
--~~_.
208.
209,
Adjustmems for items unpaid by seller:
210, City/town taxes to
211, Counly taxes 1/01/01 to 10/23/01
212, Assessments to
213,*NOTE:Property totally exemDt
214, from county taxes for 2001
215,
216.
2,000.00
46 100.00
\tll i J.../ ./
/1~/
~
.,~
217.
218.
219.
220. TOTAL PAID BY/FOR BORROWER:
48,100.00
300, CASH AT SETTLEMENT FROM/TO BORROWER:
301. Gross amount due from borrower(line 120)
302. Less amounts paid by/for borrower(line 220)
52,086.76
48 100.00
303. CASH IX FROMI KXX~J BORROWER: 'k
3,986.76
SELLER TIN:
PHONE NUMBER: (727) 441-2689
SETTLEMENT AGENT TIN: 59-1433918
- ------..-...-
I.SETTLEMENT DATE
Closing date: 10/23/01
Proration date: 10/23/01
K. SUMMARY OF SELLER'S TRANSACTION
400. GROSS AMOUNT DUE TO SELLER:
40 I. Contract sales price
402. Personal properlY
403,
404.
405.
4 7 L~.~l,-~__
.-.------.------
----.-...--.
Adjustments for items paid for seller in advance:
406. CitY/lOwn taxes
407. County taxes
408. A~sessmel1ls
409.
410.
411.
412.
~---~-----_._._.-
to
10
to
420. GROSS AMOUNT DUE TO SELLER:
47,551. 50
500, REDUCTIONS IN AMOUNT DUE TO SELLER:
501. Excess deposit(see instructions)
502. Settlement charges 10 seller(line 1400)
503, Existing loan(s) taken subject to
504, Payoff of tlrst mOrlgage loan
505. Payoff of second mOflgage loan
506.
507.
508
509.
_______._...1.-'-043 . 50 ...
-- ----.--------
Adjustments for items unpaid by seller:
510. City/town taxes 10 'tll t'-/-;, ____
511. County. taxes 1/01/01 to 1QLW01 -1ffI:-' ..~ ---
512, Assessments to f----- _ __
513. ,'.NOTE: PrQQerty.-totall~2S.~illillr---_ __
514. from county taxes for 2001 -- ----~A6.
515.
516.
517.
518,
.._------~~-_..__._- .---.---- ----..--..
~---. f---.--.-.._-_.~
..- ------~---_..
520. TOTAL HEDUCTION IN AMOUNT:
1,.01.3.50
600. CASH AT SE1TLEMENT TO/FROM SELLER:
601. Gross amounttlue to selier(line 420) ___~ 47,551.50
602. Less total reductions in amounr due selier(lineB92.._ ____.__.._~l..Jli~_:2Q._
603, CASH [X Tal [xnlQNlI SELLER:
46,508.00
SUBSTITUTE FORM 1099 SELLER STATEMENT-The information contained in Blocks E,G,H and I and on line 401 (or, if line 401 is asterisked, lines 403 and 404)
is imponant tax information and is being furnished to the Internal Revenue Service. If you are required to file a return, a negligence penalty or other sanction will
be imposed on you if this item is required to be reported and the IRS determines that it has not been reported.
SELLER INSTRUCTION-If Ihis real estate was your principal residence, file Form 2119, Sale or Exchange of Principal Residence. for any gain, with your income tax
return; for other transactions, complete the applicable parts of Form 4797, Form 6252 and/or Schedule D (Form 1040),
You are required by law to provide Stewan Title of Clearwater, Inc, wi~ your correct taxpayer identitication number.
If you do not provide Slewart Title of Clearwater, Inc, with your correct taxpayer identitication number, you lIlay be subjecllO civil or criminal penalties.
Under penalties of perjury, I certify that the number shown on this statement is my correct taxpayer identification number.
Seller
,'.CASHIERS CHECK ill STEWART TITLE & PHOTO 10 REQUIRED AT CLOSING!!
,
r---;-....-1-
FiLe 01090068 L. SETTLEMENT CHARGES PAID FROM PAID FROM
,- BORROWER'S SELLER'S
FUNDS FUNDS
> 700, TOTAL SALES/BROKER'S COMMISION Based on $ @ %= AT SETTLEMENT AT SE1TLEMENT
.-- Division of Commission (line 700) as follows:
701. $ to
-----~_.._-----
702. $ 10
703_ Commission paid al selllemenl
~------------"_._-_.-
704.
800. ITEMS PAYABLE IN CONNECTION WITH LOAN,
801. Loan Origination fee 1 .25000 % SUN BEAM MTG CORP D/B/A SUN BAY MTG 576.25
--..-.--
802, Loan Discounl 1.37500 % FIRST UNION MORTGAGE CORPORATION 633.88
.
803. Appraisal fee 10 SUN BEAM MTG CORP D/B/A SUN BAY -POCB 275.00
804. Credit Report to SUN BEAM MTG CORP D/B/A SUN BAY M-POCB 50.00
.---
805 TAX SERVICE fEE to TRANSAMERICA REAL ESTATE SERVICES 78.00
-- Discount FeeI~~ ------------...-.
806. Loan to SUN BEAM MTG CORP D/B/A SUN BAY MTG 576.25
~~-------
807, DELIVERY/HANDLING fE to FIRST UNION MORTGAGE CORPORATION 50.00
- --------_.~---
808. DELIVERY/HANDLING FEE to SUN BEAM MTG CORP D/B/A SUN BAY MTG 25.00
-----.----
809. PROCESS I NG fEE 10 SUN BEAM MTG CORP D/B/A SUN BAY MTG 225.00
_n
810. UNDERWRITING fEE to FIRST UNION MORTGAGE CORPORATION 253.00
..-._..
811. FUNDING fEE to FIRST UNION MORTGAGE CORPORATION 25.00
-----------
812. FLOOD CERT FEE to fIRST AMERICAN FLOOD DATA SERVICES INC 14.00
900. ITEMS REQUIRED BY LENDER TO BE PAID IN ADVANCE.
901. Inleresl from 10/23/01 to 11/01/01 @$ 8.21000 /day 9 days 73.89
902. Mortgage insurance premium for mo. 10 PMI
903, Hazard insurance premium for 1 yrs, to COPENHAGEN -POCB 567.46
-----.-.----
904, yrs, to
905.
1000, RESERVES DEPOSITED WITH LENDER
1001. Hazard Insurance 3 mo.@$ 47.25 per mo. 141. 75
1002. Mortgage insurance 0 mo,@$ 19.21 per mo.
~--
1003. City property laxes mo.@$ per mo.
.0
1004. County property laXeS 2 mo.@$ 103.36 per mO, 206.72
1005. Annual assessments (Maint.) - mo.@$ per mo,
1006, mo,@$ per mo,
..
,1007, mo,@$ per mo,
....---- .-.------.----.-.--
iOO8. mQ,,@$ per mo.
--------
Aggregate Adjustment ~- (47.23) 0.00
1100. TITLE CHARGES:
110 I, Settlement or closing fee to STC 100.00 95.00
------.------..-
1102. Abstract or title search to STC 100.00
.--
1103, Title examinalion to STC 25.00
.. ----------
1104. Tille insurance binder 10
-- ~____~o
1105, Document preparation to
".---.-.
1106. Notary fee to
.-----
1107, Attorney's fee to to
(includes above items No.: __0.______0_-0
11 08. Title insurance 10 STEWART TITLE Of CLEARWATER 295.00 273.50
+-- ------.....
(includes above items No,: ) -- ,.--------------...----
1109. Lender's coverage 46,100.00 $ 295.00
_.,-----------~-,-
I j 10. Owner's coverage 47,551.50 $ 273.50 ----~----- -_.~--------_..,-----,---
1111. fl risk rate($353.35) 10
...-. --.-- ....---------------
1112. 8.1 10 STC 35.00
----- -----~-----
J 113. FL fORM 9 to STC 55.00
- ------..--..--.--,.------.. ..------------'--- - ---- __0'_"'0"-
1114. .' to
1200, GOVERNMENT RECORDING AND TRANSFER CHARGES
1201. Recording fees: Deed $ 10.50 Mrtg $ 73.50 ReI. $ 84.00
----~
1202, City/county lax/stamps: Deed $ Mng $ 92.20 92.20
1203, State tax/slamps: Deed $ 333.20 Mrtg $ 161.35 494.55
I --
1204. I' 10
--_.---
1205, 10 -----
-----
1206. to
1300, ADDITIONAL SETILEMENT CHARGES
130 I. Survey to TARGET LAND SURVEYING 250.00
1302. Pest inspection & TREATMENT to PROfESSIONAL TERMITE/EMORY BRANTLEY 60.00 550.00
----------.------
1303. COUR 1 ER/HAfWL I,~G fEE to SIC 3B.00
------- n -- ----~ .-------.--- -------------
1304. DOCUMENT/RE.DOCUMENTATION/HANDLING to FIRST UNION MORTGAGE CORPORATION 200.00
1305. to
1400. TOTAL SETfLEMENT CHARGES (entered on lines 103, Section J and 502, Section K) 4,535.26 1,043.50
CERTIFICATION: I have carefully reviewed lhe HUD.I Settlement Statement and 10 the best of my knowledge and belief, it is a [rue and accurate stalement of all
receip and disbursement made on my account or by me in this transaction. I furlher certify that I have received a copy of HUD.l Se([!cment Slatement.
CI~CLFAR~ ~
BY: 0 ~t&
FA L BARRETT
J
Borrowers Sellers
The H .1 Selllement Sralemenl which I have prepared is a true and accurate account of this transaction. I have cansed or will cause lhe funds 10 be disbursed in
rdanc wit is slatemelH.
_ OcroBER 23 I 2001
Dale
RNING: It is a crime to knowingly make false SlatemenlS to the United Stales onlhis or any other similar form. Penallies upon conviction can include a line and
imprisonment. For derails see: Title 18: U.S. Code Section lDOl and Seclion IOlD.
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, ATTENTION:
City Attorney, Phone: (727) 562-4754, and JAMES W. HUDSON, JR., a single man 2208
Hampstead Court, Safety Harbor, f1. 33767 (herein "Buyer"), Phone: (727) 204-4238
(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: LOT 11, ENGURST SUB., as recorded in Plat Book 1, Page 23, Public
Records of Pinellas County, Florida.
STREET ADDRESS: 1208 North Garden Avenue, Clearwater, Fl. 33755
PERSONALTY: Refrigerator, window blinds
2. FULL PURCHASE PRICE ............................................. $
47,551.50
3. MANNER OF PAYMENT
Security Deposit to be made by Buyer within 72 hours of the
"Effective Date" and placed with Stewart Title Clearwater,
1290 Court Street, Clearwater, Fl. 33756 Ph. (727) 441-2689
Purchaser to qualify and obtain third party financing as
described in Paragraph 4 not to exceed .........................
Balance to be paid at closing in U.S. funds, cash, certified or
cashier's check, subject to adjustments and prorations..........
$
$
$
45,170.00
381.50
2,000.00
4. THIRD PARTY FINANCING
a. If the purchase price or any part of it is to be financed by a third party, Buyer
shall have 21 days following the EffectiVe Date to obtain a firm conunitment for the
financing required to complete this contract from lender of Buyer's choice, and at Buyer
expense, upon the following rates and terms:
1. [X] Fixed interest rate not to exceed [ ] % per annum [X] prevailing market
rate, amortized over a period of not less than 30 years.
2. Variable/adjustable initial interest rate not to exceed [ ] % per annum
prevailing market rate at time of loan conunitment, amortized-ov€r a period of
not less than years.
3. [ ] Other terms:
N/A
4. [xl Buyer shall have the right to waive this financing contingency and proceed
with closing upon giving written notice of such waiver to Seller.
b. Buyer shall use all reasonable diligence to obtain the conunitment for the financing
hereinabove described and, thereafter, to meet the terms and conditions of the conunitment
and to close the loan. If Buyer fails to obtain the loan conunitment and promptly notifies
the Seller in writing, or after diligent effort fails to meet the terms and conditions of
the conunitment or to waive Buyer's right under this subparagraph with the time allowed for
obtaining the conunitment, then either party may cancel this contract and Buyer shall be
refunded all deposits made hereunder, and both parties shall be relieved of any and all
further obligations hereunder.
5. TIME 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 Conunission ("Conunission"). If this agreement is accepted and approved
by the Conunission, it will be executed by duly authorized City officials and delivered to
Buyer within 10 days thereafter. If this contract is rejected by the Conunission upon
ini tial presentation to the Conunission, this contract shall be null and void in all
respects and Buyer shall be so informed in writing within 5 days of such action.
Page 1 of 5
"IJ
6. TITLE
Seller shall convey marketable title to the Property by SPECIAL WARRANTY DEED, subject
only to matters contained in Paragraph 7 and those otherwise accepted by Buyer. Otherwise
title shall be free of liens, easements and encumbrances of record or known to Seller, but
subject to property taxes for the year of closing, if any; covenants, restrictions and
public utility easements of record; and (other matters which title will be subject): No
Others ; provided there exists at closing no violation of the foregoing and none of them
prevents Buyer's intended use of the Property for residential purposes.
7. TITLE EVIDENCE
Seller shall, at Seller expense and within 10 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 subj ect 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. CERTAIN RIGHTS RESERVED
As required by Section 270.11, Florida Statutes, the Seller reserves unto itself and
its successors an undivided three-fourths (3/4) interest in, and title in and to an
undivided three-fourths (3/4) interest in, all the phosphate, minerals, and metals that
are or may be in, on or under the real property described herein, and an undivided one-
half (1/2) interest in all the petroleum that is or may be in, on, or under said property
wi th the privilege to mine and develop the same. I f the real propert7 being conveyed
hereunder is less than 20 contiguous acres, is presently developed and or there exists
future development plans, and there is little likelihood of the presence. of any of the
minerals or petroleum contemplated by Section 270.11, Florida Statutes, in all such
instances the City expressly releases the above described rights.
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.
10. WOOD DESTROYING ORGANISM INSPECTION "Wood destroying organism" means arthropod or
plant life, which may damage the wood in a structure, as defined in F.S. 482.021(26).
Buyer may, at Buyer's 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 caused by infestation. Seller shall have 5 days after receipt of
Buyer's written report to obtain repair estimates from a licensed building or general
contractor, and treatment estimate from a licensed 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 exceeds the
Treatment/Repair Limit, either party may elect to pay the excess, 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
Buyer at closing and shall not be obligated to treat the Property.
11. CLOSING PLACE AND DATE
Seller 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
followinq the "Effective Date", unless extended by other provisions of this contract. If
ei ther party is unable to comply with any provision of this contract wi thin 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 30 days without effect upon any other term, covenant or
condition contained in this contract.
12. CLOSING DOCUMENTS
Seller shall furnish deed, bill of sale, mechanic I s lien affidavit, assignments of
leases, tenant and mortgage estoppel letters, and corrective instruments as applicable to
this transaction. Buyer shall furnish closing statement.
13. CLOSING EXPENSES
Page 2 of 5
Recordation of the deed and Documentary stamps on the deed, unless this transact'
exempt under Chapter 201.24, Florida Statutes, shall be paid by the Buyer. Sel'
pay the costs of recording any corrective instruments.
['i'J
14. 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.
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. Seller makes no warranties other than as disclosed
herein in Paragraph 18 ("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 [X].
a. [ 1 As Is: Buyer has inspected the Property or waives any right to inspect and
accepts the Property in its present "as is" condition.
b. [xl As Is With Right of Inspection: Buyer may, at Buyer expense and within 15 days
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 of otherwise
remedy such conditions to Buyer satisfaction. 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.
16. 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 Buyer obligations under Paragraphs 10 and 15 to insure that all
Property is in and on the premises. No new issues may be raised as a result of the walk-
through.
17. SELLER HELD HARMLESS
Buyer agrees to indemnify and hold harmless the Seller without limitation from any
losses, damages, costs, including attorney's fees, claims of injury to or death of any
person(s), any damage to property of Buyer, or the Property, and from and against any and
every liability to any person arising from Buyer conduct of inspections, investigations
and any other work performed pursuant to Paragraphs 10 and 15 above.
18. SELL3R 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 KNOWN.
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
Page 3 of 5
/to
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 Buyer fails to perform this contract 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; or Seller, at Seller option, may proceed in equity to
enforce Seller's rights 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.
22. 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.
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, 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, 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.
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, successors and assigns (if assignment is permitted) .
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.
2 7. NO BROKER
Seller and Buyer represent and agree they have dealt with no Broker or finder in
connection with the transactions contemplated hereby. Seller and Buyer further agree to
indemnify the other from any damage, liability or expense either may suffer 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 subj ect to the limits and restrictions of the Florida
sovereign immunity statute, F.S. 768.28.
28. TYPEWRITTEN OR HANDWRITTEN PROVISIONS
Typewritten or handwritten provisions shall control all printed provisions of contract
in conflict with them.
29. 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.
30. 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.
Page 4 of 5
,1jJ
31. 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.
32. SPECIAL CLAUSES
[xJ Not applicable, OR [ J An Addendum containing special clauses that constitute
agreements and covenants between the parties is attached to and an integral part of this
contract and without further acknowledgment is confirmed and accepted by the parties.
When any special clause in the Addendum is in conflict with any provision contained
elsewhere in this contract, then the special clause shall govern.
33. MERGER BY DEED
All covenants, warranties, and representations contained herein shall merge with the
deed at time of closing. Upon deli very of deed by the City, and acceptance thereof by
Buyer, the Buyer shall hold the City forever harmless thereafter.
34 . 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
wri tten 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:
~/to)oc
L~~
J'BUye~~ignature
Buyer: James W. Hudson, Jr.
587-06-4348
Social Security or Tax I.D.#
------------------------------------------------------------------------------------------
[ J APPROVED AND ACCEPTED THIS _____ day of
, 2001.
Countersigned:
er
OF CLEARWATER, FLORIDA
By
Approved as to form:
ATTEST:
:.~. jJ~~. [lLO__
~ou~au, City Clerk
..-'. .
.;- "-
Ja
Page 5 of 5
fiC