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THE BABCOCK COMPANY Return to: '(enclose self-addressed stamped envelope) ~~ I Na-m; WARRANTY DEED I 'FROM CORPORATION' ~ RAMeo FO'''''' 3:1 '-dd,_, .II. 91....164290 IN~T ..; 1991' 3 t~5~~'!\____ JUN ,:_0 ~_ ____ ------------1 ~ This Instrument Prepared by: and '~:et urn' to: ! C.M. Ua~nell ~ INDEPENDENCE TITLE ! Of CLEAHW ATEH, INc. J 2900 U. S. Hwy. 19 Nortll, Suite 202 Clearwater, FL 34621 PINELLAS COUNTY FLA~ OFF. F<EC. BK 76?~~ PG:1. 1-34 Add,...: /0 ~. sV liP? 0 (' ;20 Property Appraisers Parcel Identification (Folio) Number(s): )/..3{).?c) +. SPACE ABOVE THIS LINE FOR PROCESSING DA T A SPACE IIl1UYt '"Ill lIllt 'DR REWRDIIlO DA H' This ~arranty lletd /\Tode o"d Hecufed 11u! 17 June \\ A D, 1991 l~y doy 0/ THE: BABCOCK CG1PANY, a Florida Corporation CI corpora/ion ('xisfing urIller 1111? laws 0/ the State of Florida . and l1a!'in(J ~/s prinri1Jnl, place 0/ husinpss al 1555 Howell Branch Rd,., STE C-210, Winter Park, Fla. 32789 IIPrpina/lpr called IIIP gran lor. 10 THE CITY OF CLEARWATER wllOse pos/offirp ae/clr"ss is P .0. Box 4748, C 1 w., Fla. 34618 IIPreina/ler cnllecl 111e gran lee : (\\'hN'\'f'r tJllif'd hUf'in .hf' trrrn" "ll'rantorU 8ml U!Il'rantf'f't' inrlu(lf' all tllf' partie" to this imtrument and the hf'iu. Ireal rtrrt"rnlath'n an.1 "",i!l{n, ur indi\'idual,. and Ihe 5urCf550n and a~5i~n5 or corpor:uiom) Wilntssefh: Tlla' "Ir' wmllor. for anrl ill comideralioll o( II", slim o( $ 10.00--- and o,Iler (lnll/ahle considera/iofls. recr'ipl u.I'er('o( is Il('rellY ac~nowle(hl<'rI, IlY "I('sc:> prc:>spn's rlops grafl', hargain. sell. ali"n, r('lII;se. rpll'ase. COl. (ley n/HI cOfl(irm ",110 ,,\(! grafl'ep, all Ilia' cpr/aill lanrl si'uafe in Pinellas -COllll/y. Florida. (liz: SEE ATTACHED EXHIBIT "A" H2~: Oor.UI""1~"t;lrY '"nx F'd. ~ II ~l~~ L______,_ In~ngjble Tax Pd. Karleen F, DeBI~r, Clerk, Pinellas County ':I ' By --.to j De,uty Clerk CJ lIgtlhtr wi! 10 .n ".. ""'.""". ,.."JU.m.,,', ."J .ppa,'..."ce. wise apperfainlng. To Jtallt and to Itold, ,herp'o helonging or In any- Mi'F FIC REV ~ORPORATE SEAL) In ltIUntss ltIhtrtof Ihe grCIn'or 1105 calls"d Il,esI.' presenls 10 he pxeC/lIed in lis namp. and ils corpora Ie seal 10 he h"reun/o affixpd. hy lis proper officers III"rplln/o duly nlllllOrized. Ihe day afld ypar /irsl aho,'p wrillen. ATrE~, THE: BABOXK CG1PANY, a Florida ...Cp:r:;oorat..i.QJJ... ....,.................., .."......,....."......,...... Signed, sealed and el'lJPred in 11,e prpsellce 01: .~.aZ&rJ,J)..~..W~,., """""""" /it #1 w tness #2 ST ^ TE OF FLORIDA COUNTY OF "'ORANGE KARL.EEN F. DEBL.AKER, ~"... RECORD VERIFIED BY: ~ ~--- - ------- I IIERERY CERTIFY ,ha' on ,hi, d.y, h.I".. m., .n ollinr duly .u.hori..d in ,h. 5,.,. .nd Coun'y .Ior...id '0 ,... .r.nowl.d~m.n", prnonall)" appf'a.rrd Robert Bredah.J..";;,,.. r','", .','i w.1I hown '0 m. '0 M ,h. V ice r,..id.~t..~.J."'''' r;,c'7::~'~ - - - - - -.- '..p.CI;,"'y 01 ,h. corporalion n.m.d .. Il,.n'or in ,h. lorr,~oin~ dotd, .nd ,h., 'h.y .."H;,nt'~('~'tw~d~.d ~~I-~~ ',h. ..m. in ,h. pr...nc. 01 two .uh"'ribin~ witn..... I..cly .nd .olunl.rily und.. ,ulhori.y duly ..,..d in Ih.m hy ",id \~,Po,r.~on:.nd].., ',:,~ ....1 .Hi..d ,h...to i~. true corpon'. ...1 "I ..id corpnr..ion, WIT~F.SS m)' hand ;;;~~~I~~;'~U_P'y, 4'!" St~~ ~"'id !hi.V 17 d.y of JJ-ge , A, D, 19 91 Commission II\Y:QM~. ' ... '. ".. :., U/. IiiiiiD THROUGH ASHTON , , .,' (SEA.~). """,';'" , ;'~ 1\ I .i . ,. NT'!' FL."'- - . \:.t \ M:) cOU . ~ 11.'5~5 pIN--- -60~ PG, ~ Y~K. 7 .- OFFtRECtl:; EXHIBIT "A" PARK PARCEL LEGAL DESCRIYI10N A PARCEL OF LAND LYING IN THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 4, TOWNSHIp-. 29 SOUTH, RANGE 16 EAST, PINELLAS COUNTY, FLORIDA, BEING MORE FURTHER DESCRIBED AS FOLLOWS: COMMENCE AT TIlE SOUTHEAST CORNER OF AFORESAID SOUTHWEST 1/4 OF THE SOUTHWEST 1/4; THENCE ALONG TilE SOUTH 40 ACRE ONE, N890lO'41"W, 167.11 FEET; THENCE NOO.12'S2"E, 60.00 FEET TO A POINT ON THE WESTERLY RIGUT-OF- \1,\. WAY OF MCMULLEN BOOTH ROAD AS DESCRIBED IN PINELLAS COUNTY RIGHT- OF-WA Y PARCEL 1,153.20 AS RECORDED IN O.R. BOOK 6703, PAGES 1716 THROUGH 1718 OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA; THENCE ALONG SAID RIGHT-OF-WAY NOO.OT09"E, 441.17 FEET; THENCE CONTINUING ALONG SAID RIGHT-OF-WAY AND THE ARC OF A CURVE TO TIlE LEFT 17.03 FEET, RADIUS 11,359.16 FEET, CENTRAL ANGLE 00.05'09", CHORD BEARING NOO.04'34"E, 17.03 FEET TO TilE SOUTIIERL Y LINE OF A 15.00 FOOT SANITARY SEWER EASEMENT AS RECORDED IN O.R. BOOK 3033, PAGE 725 OF TIlE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA; THENCE ALONG SAID EASEMENT LINE S8104T39''W, 73.21 FEET; THENCE CONTINUING ALONG SAID EASEMENT N74.00'51"W, 135.58 FEET TO THE POINT OF BEGINNING TIIENCE CONTINUE N74000'51"W, 192.31; TIIENCE NOO.OO'05"E, 3!2_59 FEET; THENCE N05045'45''E, 148.49 FEET; THENCE S89"31'08"E, 170.05 FEET; TIIENCE SOOoOO'05"W, 511.93 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINING 88,881.23 SF MORE OR LESS OR 2.040 ACRES MORE OR LESS WITH AN EASEMENT FOR INGRESS/EGRESS to-FEET WIDE BEING DESCRIBED AS FOLLOWS: BEGIN AT TIlE NORTHEAST CORNER OF THE ABOVE DESCRIBED PARCEL AND RUN S89.31'08"E, 192.21 FEET TO A rOINT ON THE WESTERLY RIGHT-OF-WAY LINE OF MCMULLEN BOOTII ROAD; TIIENCESOlo40'47"E, 10.00 FEET; ll-IENCE N89031'08"W, 192.51 FEET; THENCE NOooOO'05"E, 10.00 FEET TO THE POINT OF BEGINNING. 26148328 WJB 01 - RECORDING DOC STAMPS 06- 20-91 14: 51 ~ 09 i $10.50 .-. or ~ .1-1il 'in 1. :p _ ~ "-W= ---' -------- TOTAL: $11130.70 CHECK AMT.TENDERED: $1,130.70 CHANGE: $0.00 I c j .IFlED TO: C ITV OF CLEAI<W EI<; ~ .. Il-JDEPENDENCe TlfLE of C.LEAfZWA1"E..R) It4C.. SEC.~TWP. 'lC) S., RGE. \(0 E:. 1.0' N ,-:1 F.I.IZ. IlJ i- 0 in 0 Q 1.0' . ~o-- : '- UJ ill V; -' O~ -4 u Z - if) F.C.M. NO .. 1.0' r-- l: r ~ ~ "'-J . uJ ('-.I - u rO "2 lU lL 1IJ ~ lU ~ ~ ~ 0 0 "8 :r ~ 0 0 0 z F.e.M. L~7.f>'27 10' INC:J~E, 'tJ'::J/ E,6fZ ~s "~I'OE;"E SOlO 40' 4-1 "E. 10.00 S.U<- L6 'Z~IO NOO"oO'ot.:>"E \0.00 litt:trVt JUN D 2 1 19.91 C/J'r . CLER/( ~ ~ IfI 9 o o 8 If) tf) ~ r-; n: ti ~ ILJrO rO ~o \f)1O ~n u..' o~ UJ~ 2- ::i~ ui~ a S [Y, :r:".... I-~ 0_ 2~ :z~ LU _ -'m 50 2r-'" 0" :Lei 3~ "- ~ ,() <:r U) A:: \1.0~ 12.= II ~S9.1(P 6.: OOoo'::!' al" C6: N 00004-' 04" e C:I1.0~ NOOOI'2'5'2"E (gO.CO t SJ2. 'S~ 0 WE.~TE(2LY r2./W OF McMULLE.N BOOTH t2.D. 0.12. BoOk CD 103 P6. \11(" - \"'110 Nefi"IO'+I"W I (Pl. II S-E. C~. OF T I-lE s,w. !/4- of S.W. 1/4- OF c;,ec..4-, T '2c=t ~, J2 1(., E. .......-- c" - - LOT-=- BLOCK - t . _ . .^$~-Rf.CO~DED IN PLAT BOOK__ PAGE(S) , OF THE PUBLIC RECORDS or~~- ,,:"Pl-N~[..:.A< ", C;OUNTY, FL. I HEREBY CERTIFY THAT TO THE BEST OF MY KNOWLEDGE AND ' / 7-0 BELIEF THAT THE SURVEY REPRt:SENTt:D HEREON MEETS THE ' -~~.::: -~ /?" .-~ "I REQUIREMENTS OF CHAPTER 21 HH-B FLORIDA ADMINISTRATIVE CODE::.;E ~ ,.:<, !~ ,. 0 PURSUANT TO SECTION 472.07 FLORIDA STATUTES. :' EARL L.. RATLIFF, L.,41}0 NOT VALID UNLESS IMPRINTED WITH AN EMBOSSED SURVEYOR'S SEAL. ~,_F'1..0RIDk-"~GlSrERED SURVEYOR HUD/F/A F.I.R.M. COMMUNITY PANEL No. DATE: :~, . _ ", -- NOTES: LEGEND : ,~ _. , 1. THIS SURVEY WAS PREPARED WITHOUT AN ABSTRACT OF TITLE, S.I.R. : SET 1/2''' ~ R'Q1} WITH CAP THERE MAY BE ADDITIONAL RESTRICTIONS THAT ARE NOT MARKED L'.9."2610 SHOWN ON THIS SURVEY. 2. ElEVATIONS ARE BASED ON NATIONAL GEODETIC VERTICAL F.I.R.: rOUND IRON ROD (SIZE AS SHOWN) DATUM OF 1929, MEAN SEA LEVEL ELEVATION EQUALS 0.00. F.C.M.: FOUND CONCRETE MONUMENT 3. BEARINGS SHOWN HEREON ARE BASED ON THE RECORD PLAT F.N.A:D. : rOUND NAIL AND DISK UNLESS OTHERWISE INDICA TED. 4. rOUND CORNERS ARE UN-MARKED UNLESS OTHERWISE INDICA TED. TYPE OF SURVEY DATE PROP. HOUSE LOC. HOUSE STAKEOUT VACANT SH / 01'2 ~ -$-1' TYPE or SURVEY FOUNDA TlON FINAL UPDATE DATE ~....~ _LV ~,. Ml 24'45 U.S. HVY. l' NORTH a.EMYATDt, FUIUDA 34623 PHOHE ('13) 7'1-1441 ~ I I ... PARK PARCEL LEGAL DESCRIPTION A PARCEL OF LAND LYING IN THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 4, TOWNSHIP 29 SOUTH, RANGE 16 EAST, PINELLAS COUNTY, FLORIDA, BEING MORE FURTHER DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHEAST CORNER OF AFORESAID SOUTHWEST 1/4 OF THE SOUTHWEST 1/4; THENCE ALONG THE SOUTH 40 ACRE LINE, N89olO'41"W, 167.11 FEET; THENCE NOO 0 12'52"E, 60.00 FEET TO A POINT ON THE WESTERLY RIGHT-OF- WAY OF MCMULLEN BOOTH ROAD AS DESCRIBED IN PINELLAS COUNTY RIGHT- OF-WAY PARCEL 1,153.20 AS RECORDED IN O.R. BOOK 6703, PAGES 1716 THROUGH 1718 OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA; THENCE ALONG SAID RIGHT-OF- WAY NOO 0 OT09"E, 441.17 FEET; THENCE CONTINUING ALONG SAID RIGHT-OF-WAY AND THE ARC OF A CURVE TO THE LEFf 17.03 FEET, RADIUS 11,359.16 FEET, CENTRAL ANGLE 00005'09", CHORD BEARING NOOo04'34"E, 17.03 FEET TO THE SOUTHERLY LINE OF A 15.00 FOOT SANITARY SEWER EASEMENT AS RECORDED IN O.R. BOOK 3033, PAGE 725 OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA; THENCE ALONG SAID EASEMENT LINE S81 04T39"W, 73.21 FEET; THENCE CONTINUING ALONG SAID EASEMENT N74000'51''W, 135.58 FEET TO THE POINT OF BEGINNING THENCE CONTINUE N740 00'51"W, 192.31; THENCE NOOoOO'05"E, 312.59 FEET; THENCE N05045'45"E, 148.49 FEET; TI-lENCE S89031'08"E, 170.05 FEET; THENCE SOOOOO'05"W, 511.93 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINING 88,881.23 SF MORE OR LESS OR 2.040 ACRES MORE OR LESS WITH AN EASEMENT FOR INGRESS/EGRESS lO-FEET WIDE BEING DESCRIBED AS FOLLOWS: BEGIN AT THE NORTHEAST CORNER OF THE ABOVE DESCRIBED PARCEL AND RUN S89031'08"E, 192.21 FEET TO A POINT ON TIlE WESTERLY RIGHT-OF-WAY LINE OF MCMULLEN BOOTH ROAD; THENCE SOl 040'47"E, 10.00 FEET; TIlENCE N89 o 31'08"W, 192.51 FEET; THENCE NOOoOO'05"E, 10.00 FEET TO THE POINT OF BEGINNING. L2110017A 6/3/91 Iie(:p J(jN 2....r" eb I [" Crr'y '7.91 Cltlil( SN 2 o./' 2 CONTRACT FOR SALE AND PURCHASE , ;ARTIES~!~)e~~bcocl< Company c/ Bob Bredahl, V. P. ,('Seller"), v/ 15S5 Howell Branch Road, #C - 10 Winter Park, Florida 32789 (Phone407 645 412-:r-), ;,,;-City of-Clearwater Florida, c/o Jim Hensley ,('Buyer"), (,I P.O. Box 4748 , Clearwater, Florida 34618 (Phone 462-6638 ), h,,,,,I,y "\1",e Ih,,1 Ihu Sell", sh;,1I sull a"d Bllym sh,,1I huy Iho lollowing real properly ("noal Property") and personal properly ("Personally") (collectively "Property") upon the following "'"'15 ""d cood,II""s which INCLUDE Ihu SI,,"dmds lor flea I Estule Trunsnctions prinled onlhe roverso or atlnched ("Sla",Jmd(s)"l and any addendum 10 Ihis inslrument I. DESCRlPTION:{:')I"q"ld""e"i'lin"oll~eall)l<lp("lylnc"ludin Pinellas Counly,Florida: see attached Exhibit A for am~roximate leqal description. Buyer to have the property and easement area surveyed prior to c1osinq. The deed and the recorded access easement shall conform to the survey description. See Exhibit B for diaqram. {hi SII"oladd",ss,cily,lip,ollhul'ruplJllyiS McMullen Booth Road. north of S.R. 590, Clearwater. (el I'<,'so"ally None - vacant land * D.e12Q.slL1Q~Lnade within five (5) business days after execution by both parties. II. PURCHASE PRICE (See .C,I.<lLJs~...l PAYMENT: .9f ,a.~ tac;!1~cf .Acfcl~l1cfq m., ,fqr. q'! !<;:.IJ,I,qti.on ,o.f ."""".", final purchase price) I nc. in Ihe amount of 185,000.00 $ (a) (h) D(:p()sil(~~l to 110 hold ill escrow by Lee Arnold & Associates, $ 5,000.00 * SllhJor.lto AND nssllllJplion of mO/lgago in good slanding in favor of having an approximnle presenl principal balance 01 $ Ie) PllIcll,'ISt'! "YtHll~Y lIlorl(Fl~IO ilnd lllorl{];:lqn note henring tlnlluul inleresl al % on terms set forth herein, ill amount of . ... $ Id) Oil",,: $ I,,) B"I'lI'CI' 10 close (liS cilsh, LOCALLY nflAWN cerlifiod or cilshier's check), subject to adjustmenls nnd prorntions (a pp rox .) $ 1 8 0 . 000 . 00 III. TIME FOR ACCEPTANCE; EFFECTIVE DATE: II this oller is nol executed by und delivered 10 nil parties on FACT OF EXECUTION communicaled in writing belween Ihe pmlies Oil or b"lo/lJ ~a Y 6, 1991 , the deposil(s) will. nt Buyer's oplion, be relurned to Buyer and the offer withdrawn, 1111' lIalo 01 lliis COlll,act ("Elleclive Dille") will be the date when the last one of the Buyer ilnd the Seller has signed Ihis offer, IV, FINANCING: (,,, II 'ho pu,cl,,,,;e plice or allY p~1I1 01 iI is 10 be fi'lilnced by a Ihird pmty Jonn, Ihis Conlrncl lor Sale and Purchase ("Conlract") is condilioned on Ihe Buyer nhl,lillinu a wrilt(!11 COI1lI11iIIllOllt for IIIe loall wilhin clays from Effective Date, at an initinl interest rate not 10 exceed O,{I; term of -- years; lIIlCl in II III prilldp;ll ;llllulInl of $ -------- . Buyer will mako applicnlion within days from Effoctive Date, find use rensonable diligence to obtain tho loan com- 1111111,,,"1 ","l, Ih..,,,,,,II,,,, 10 ,""el II,.., "'"l1S Wid coodiloolls 01 the COlTlmitmcnt ami to close Ihe loun, Buy"r shall pay nlllonn expenses, II Buyer Inils to optninthe loan commilmenl nnd, (lIo",plly nolil",s ~"II", in w,ilonU, u, "1I,,r dililJ"'''1 ellorl "'ils 10 meet Ihe le'llls arKI cO'Klilions of Ihe commillllellt or 10 waive Buyer's rights under Ihis subparngraph wilhin tho lime ~~ldll~d lur OIJtilillilllj 11Il! cOIlHllihm!lIl, 1I11~1I t~illll!1 p:lrly lIlay ctlncellhe Conlrilcl und BlIyer sho:lIl bo refunded tho duposil(s). (b) I Ii" ,,,,,,lill!I"""'!J"!!" d,,,;c,il ",t1 in I '''I:'Ol:'ph lI(h) ahovt! has (el JEeK ( I) 011 (2)): ( 1) 0 a variahle inleresl rale on (2) 0 a lixed inleresl rale 01 % pm il'"ll"n, Al lill14l of (illt! 1';III~ful S()I1lI~ lixud illli~,u~' I"h~s :lIe slIhjocllo incloaso. II iltclt.w$ud, tile rnte 511:.1111\01 exceed ----- % per annum. Soller shall, within tl.I'I:> l'()'ll Elh~ctive D,III~, Illllli:..;ll a st~ltell1el,1 1f()l11 ,Ill Illollya~JCes HtlllilKJ prinCilJal hill;lIlCes, 1l1ulhod 01 IJi.lYI1lUlll, inturusl lute .)lld status ot l1lortgayes. If Buyer has agrued 10 ;1$Sllllle ;1 IIlO,lUilUU wliidl leqlliJUs ilPPIOVil1 uf UlIye, by thu lIlorllli.luee lor assumption. thell Buynr sh,dl promptly obtain all required upplications and will diligenUy complete nnd return them '<I III" """tu"!J"u, Any lIJo,I~I:"JUU c1lil'(Jds) iloilo '''Goed $ ------ shall be paid hy ----- (if nol lilled in, equally divided), If Iho Buyer is nol accepted by l1lurlUtlUt:H 01 lliu Il:qllill~IIll~"b lvr USSlIlHplioll are nol ill acco,dance with the terms 01 the CUllhud or mortgagee rnakns a charge in excess of lhe staled amount, Sellor or BIlY'" Il,ay ",seind lI,is COllhacl"y P!S'll,pl willie" nohce to the othm parly unloss either elects 10 pay Ihe increase in inleresl mle or excess mortgayee charges, V, TITLE EVIDENCE: AI I""sl ~ days belore c10siny dale, Sollor shall. nt Seller's exponse, deliver 10 BIIYor or Buyer's allorney, in nccordallce with Stnnclard A, (Check (1) or (2)): (I) 0 "1.,;I':H:lollill,, Oil (:>)[)(Iille 'OS'Hance commilment. VI. CLOSING DATE: rhi" II: II ",,":h," , shall h" c1o""d ;H,d Iho doml and olhe, closin,.1 pape's deliven,,1 on June 5, 1 ~1~J,SS exlelldod by olher provisiolls 01 COlllrnct. VII. RESTRICTIONS; EASEMENTS; LIMITATIONS: BlIyer shall take title suhjeclto: zolling, reslriclions, prohihiholls and olher mQuirernents imposed by governmental nulhorily; reslricliolls ..lilt! 1ll;llll~IS dppe;lllllq 011 lIu! pl.1I 01 ull1u,wi~u common to Ihe suWivision; public utility casemenls 01 record (casements ure to bo located contiguolls to Real Property lines and nul Il,ur" 1I1:'" \0 I"", in width a" 10 1111' ""H or tronl hlles alld 7 'h leel ill w.fth as 10 Ihe sklo hilUS, ullless othe,wise speciliod herein); Inxes lor yo", of ctosing alld suhsequent V\~;lI~l; i1~,~lllllll~d llli.lIlq;lqt!S ,lIld ptIlCIl.I~;tllllnIH~y IHllrlq;IOtlS. if i1IlY; ()11\(~r: pruvltlud, Ihill IIlt:w t~lt.i~;ls ilt cltlsillq 110 violot1ion or t1H~ loreooin~J and none at 'ht~11l prevcnls llse 01 neal Proporty (or City Park purpose(s), VIII. OCCUPANCY: ~;,.II", wall:",ls 111:,1 Ih"", "''' 110 pa,li"s ill occUP:JIlCY olher Ihall Soller, hul iI P,operly is intemfed 10 be rented or occupied beyond closing, the lacl alld lerms lI'l:Il~t)1 ~;lldIlIJU :~l(llud h(~lt-!jll, ,lIltl Iho h:llillll(s) ul' OCCllPllllls disclosud plIrsuanl 10 SI.IlKldnl F. Sell(~r i.lorees 10 deliver occupancy of Property at time 01 closing unless otlmrwise ::.t;lllltllil!IUill. II UCUIPilllCY is 10 laJ di~livPletlllnl()ro c1osinq, Buyor nSSUlll(JS ull risk of loss 10 P,opurly Irom dnlc 01 occupancy, shull he responsible and liable for mailllcllwlce from Illdl ditlu, Clod Sll;llIlll~ dt~t)lll(~d 10 1l;IVI! acct!pled Properly in Iheir existing cOlldilion (IS of lime of lakillY occupallcy unless otherwise sinton hercin or in a sepmalc writing. IX, TYPEWRITTEN on IIANDWRITTEN PROVISIONS: '(ypowritten or handwritlen provisions sl1all conlrol all prinlod provisio"s 01 Conlracl in conllicl wilh thorn, X. INSULATION RIDER: If Conlr;ocl is utiliwd lor Iho sale 01 n new rusiclonce, Iho Insulalionl1ider or oquivnlenl may bo attnched, XI. COASTAL CONSTRUCTION CONTROL LINE ("CCCL") RIDER: II Conlracl is utili/ed lor the ,;ale 01 Properly allocled hy Ihe CCCL, Chaplm 16 I, r.s., (lfH17), as "",,,nd,,d, '.>11,111 .lppl'l ;.!lld tilt: (;(;el. Hidl!! (II t~qllivClltmllllay be nUnched to tllis COl1lrud. XII. FOREIGN INVESTMENT IN REAL PROPERTY TAX ACT ("FIRPTA") RIDER: ll1e P:II lios shall cOJllply wilh Ihe p,ovisions 01 F1I1P1A ancl applicable rogulalions whicl1 could ""Iui", ~,;"'I", to p,ovid" ",ldilio",,1 ,;;,sh al dosi"J 10 I1IlJol wilhholding'rcqlllrerlllJ!l.1s, <IIllllhe FIIH'lA rlidm or equivalenl may be attar.hed 10 Il1is Conllnct. R E C E T 9' ED XIII. ASSIGNABILITY: (CIILCI( ( I) or (2)): 8uy"r ( t) 0 may nssi[J1l on (2) J1CJ mOlY nol nssign Conlract. ' '( XIV. SPECIAL CLAUSES: (CIIFCI< ( I) or (2)): Addendum (1) KJ is attached OR (2) 0 is not applicable, THIS IS INTENDED TO BE A LEGALLY BINDING CONTRACT. IF NOT FULLY UNDERSTOOD, SEEK THE ADVICE OF AN ATTORNEY PRIOR TO SIGNING. I EXHIBIT "A" I LEGAL DESCRIPTION NORTHERN PARCEL REVISED A PJ\RCEL OF LANO LYING IN TilE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 4, TOWNSHIP 29 SOUTH, RANGE 16 EAST, PINELLAS COUNTY, FLORIDA, DEING MORE FURTIIER' DESCRIDED AS FOLLOWS: COMMENCE AT TilE SOUTHEAST CORNER OF AFORESAID SOUTHWEST 1/4 OF TilE SOUTHWEST 1/4; THENCE ALONG TilE SOUTH 40 ACRE LINE, , ' 1/09'10'1\1"W, -167.11 FEET; TIIENCE NOO'12'52"E, 60.00 ,FEET TO 11. POUlT 011 TilE WESTERLY RIGHT-OF-WlI. Y OF MCMULLEN 'DOOTII ROll.D AS DESCHIDED IN pnlELLAS COUNTY RIGHT-OF-WlI.Y PJ\RCEL '15J. 2 AS RECORDED IN O.R. DOOK 670J, PAGES 1716 THROUGH 1718 OF THE PUDLIC RECOROS OF PINELLAS COUNTY, FLORIDA; THENCE lI.LONG SAID . ' RIGHT-OF-WAY NOO' 07' 09" E, 0\41.17 FEET; THENCE CONTINUING ALONG SAID RIGIIT-OF-WlI.Y AND THE ARC OF A CURVE TO THE LEFT 17.0J FEET, MDIUS 11,J59.16 FEET, CENTRl\L ANGLE 00'05'09", CIIORD BEARING HOO' 01\ 'Ji\" E, 17. OJ FEET TO THE SOUTHERLY LINE OF A 15.00 FOOT , ' S1\NIT1\HY SEWER E1\SEMENT 1\S RECORDED IN O. R. DOOK JOJJ, PAGE 725 OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLOIUD1\, 1\ND THE POINT OF DEGINHING; THENCE ALONG SAID EASEMENT LINE S01'O'J9"W, 7J.21 FEET; THENCE CONTINUING 1\LONG SAID EASEMENT N74'OO'51"W, J27.89 FEET; THENCE NOO'00'05"E, J12.59 FEET; THENCE N05'45'45"E, 11\8.99 FEET; THENCE S09'J1'08"E, J62.26 FEET TO S1\ID WESTERLY RIGHT-OF-WAY OF MCMULLEN DOOTH ROAD; THENCE 1\LONG SAID LINE SOl'I\O'O"E, 197.4J FEET; THENCE ALONG THE ARC OF A CURVE TO THE RIGHT )J9.60 FEET, MDIUS l1,J59.16 FEET, CENTRl\L ANGLE 01'1\2'1\7", CHORD DEJ\RING SOO'49'21\"E, JJ9.59 FEET TO THE POINT OF BEGINNING. Less and except the easterly 200 feet thereof. The subject property Is estimated to contain 2.02 acres, more or less. On the easterly 200 feet retained by the current Seller, the Seller shall at closing grant to the City of Clearwater a 10 foot wide ingress/egress easement running east to west along the northerly boundary. This easement shall be for the construction of a sidewalk by the City to give access to the subject property. RECEIVED JUN 2 1 1991 CITY CLERK <<, I E~HIBIT B DIAGRAM OF SUBJECT PROPERTY AND ADJOINING PROPOSED 10 FOOT WIDE SIDEWALK EASEMENT, CANT %ZzJ r;~:.:~> '~7'" \J' -<'- FIR. ~ ""f>"-? 01' 8 <10 3/'Ot3''E ~ I> N0504S'4S"E /4ll99' --( .t:> D -l>- -..1 III , - \,() ~ ~ l>J 10' - 05' ? FNO, NA I~CAP Ill) I~ , 0- l",Q ll) 0'-- 0"- 4' H06WIR.E. FENCE \S'....~ ~~ ,N C( "" . It) -J ~t- a- ~ \lJ <C\!J allJ~ ~ QCl ......~ QO ~~ ~~ I ~~ I~ I I~ I~ l\J I ~ - IC\J · If) ... l\J ........ 10 I~ S._R~~90-----=-~ --'--I~-i.iI~C; ~t;;fj 5S3.88'-- .5.E. COR.OF THE 1 5_W YAI- OF THE 5_ W Y4. OF 5~C. 4, __ FCM 10' - Ct' It) I C\J - lY) "'"' ..... '0 - 10 R=113S~_lcP' 1 A:r339_~OO .4- 01" 4Z,'41" . : ~OD. 49', 24" e:.. ~ 18S' R=II'3S"_IGco' 1 A ~ 35 ~ _ i:D3' A: 0'" 47.Sc.... .e>>.c 5000 4~'4'9" E. ""- ~=3,Gt.<DZ' \ 200' ~ ... It) ,() a () o C) C) ~ FNO M.H. f'. O. B_ NORTJ-IERN PA RC';/Jb. M. H. ~ G> ..32 7 ---J.-- - a9' VACANT , f'... t-... S'/40 OD' (J S/ 'e ........ ~ N8/047~:I,9"E , 73_2/' / '/; If' D / 0 0 D ..J . 0 \.D \ : :E. -9 t'-. - Rlr.~rVED JUN 2 1 199' CITY CLERK R,: 113S~.I<.o' 1 A= 1"'.0'3' . .A c:. 000 os' 0'3 " ' C..B.. 500.04' 34"W G~c \1.03' 4'HOGWIRE Ft:. NeE. 5_PCA. ~ \() ,0 o G o o o < OCCUPArlotJ NOT 5J-/{)WAI ~ A - ..j a PO.8. ----_ SOUTHER.N PAR.CEL La' f\J ,K...L .-_ .. ' .>f------" N890/0'4/"W ' o __,_",_..,_,__""", ,',' '" "', "'" ", " \.0 o-----~~~. ~5~~:.E@j'~Cp -=.- Fe M .:----------------- N 89.' 0 '4/" W PINEL LAS COUNTY ENGINE.ERING FND MoH\ Q ~I a ~\ ::t. 1--1 g\ <I jl ~I ~I \!l Q. fI) C) t'-. " c( o I I ADDENDUM THIS ADDENDUM shall be attached to and become an integral part of that certain Contract For Sale and Purchase between City of Clearwater and/or Assigns, as Purchaser, and The Babcock Company as Seller, of that certain parcel of real estate located north of S.R. 590 on McMullen Booth Road. 1) Tile purchase price on the face of the Contract is an approximate figure based on an estimate tllat tile subject property contains 2.02 acres, more or less. The final purchase price shall be calculated by taking the actual square footage of the subject property (as determined by a new land survey conducted at Buyer's expense) times $2.10 per square foot. There is no additional compensation due to Seller for the 10 foot wide sidewalk easement area. 2) TAX REFORM ACT OF 1984 In accordance with the Tax Reform Act of 1984, Buyer shall deduct from the Purchase Price and withlloldtax equal to ten percent (10%) of the Purchase Price, unless Seller furnishes: a. An affidavit stating, under penalty of perjury, he is not a foreign person, partnership, trust or corporation and supplies Seller's United States tax Identification number; or b. A statement from the Internal Revenue Service indicating Seller is either exempt from United States taxation or has reached an agreement with the Internal Revenue Service regarding the satisfaction of his United States tax liability; or c. For non-publicly traded United States corporations, an affidavit stating, under penalty or perjury, the corporation is not a United States Real Property Holding Corporation, as defined in the IRC Section 897(C) (2). 3) 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. 4) Pursuant to Florida Statutes, Ch. 475, Lee Arnold & Associates, Inc. makes the following disclosures: I. In the subject transaction, Lee Arnold & Associates, Inc. represents the Seller exclusively; II. In the subject transaction, Lee Arnold & Associates, Inc. shall receive its compensation from the Seller exclusively The Buyer and Seller acknowledge, agree with and consent to the representation and compensation disclosed above. Buyer: See signature block below Date: Notice to Buyer RECEIVED JUN 2 1 1991 Additional expenses (e.g. attorney's fee, taxes, title insurance, escrow fees, document~ibliYe~WKJnt points, survey charges, mortgage transfer or service fee, engineering inspection fees, or insurance) may be incurred by Buyer prior to or at the time of closing. Please consult your counsel for more information regarding this specific transaction. 1JJ;;i9n Rita Garvey, 5-tQ- 91 ornrnissioner 3--.,2 0- B-' Manager By: correctness: L/J(.~f.--7&~~ City Clerk .5 - l.<J-9 / 6--/7- 9/ Jr., City Attorney I I ADDENDUM This Addendum is attached to and made a part of the Contract for Sale and Purchase executed on May 11, 1991, between THE BABCOCK COMPANY as .Sellel'", and CITY OF CLEARWATER, as .Buyer", pertaining to that certain real estate described in Exhibit .N and Exhibit .B. of said Contract. Seller and Buyer agree as follows: 1) Time for Acceptance and Execution by Buyer; effective date shall be extended to May 20, 1991. 2) Closing Date shall be extended to June 20, 1991. In all other respects, the Contract shall remain in full force and effect. WITNESS '\ #1h1.~.. By: M. A. 0-{7 -4l Date RECEIVED JUN ~ t ~aQ' c.. a i I'j :'~K ........:... '" 1 ~' ~ :. , , I CLOSING AGREEMENT I I " DATE: SELLERS: m~tf .. Ql-ROSS BABCOCK BUYERS: CITY OF CLEARWATER CLOSING AGENT: INDEPENDENCE TITLE OF CLEARWATER, INC. LEGAL: SEE ATTACHED EXHIBIT "A" We, the undersigned Seller(s) and Buyer(s) of the above captioned property, hereby acknowledge that the following$are conditions regarding the transfer of the above captioned property: 1. That all contingencies set forth in the contract for sar~ have been complied with. , t 2. A proration of real estate taxes has been made and appears on the Settlement Statement. Such proration has been based on the best available information, and is in accordance with the terms of the Contract of Sale made between the parties, and is considered final. Should any action by the taxing authorities result in material differences in the final real estate taxes which indicates an adjustment would be in order in favor of either party, any further adjustment will be settled between the buyer and seller, and INDEPENDENCE TITLE OF CLEARWATER, INC. assumes no liability for payment of any utility, garbage, pollution, sewer ( and condominium assessments, if applicable) bills that may be due and payable against the property. Any Tangible Personal Property Taxes which may be due for any personal property that may be included in this transaction shall be settled between the buyer and seller. Said tax proration has been made on the fOllowing information: Last available tax bill $ 4,604.15 3. In consideration of the above referenced Closing Agent disbursing the proceeds of this sale and/or loan, the undersigned agrees~ if requested by the Closing Agent, to fully cooperate and adjust for clerical or typographical errors, which may also include re-signing and delivering any documents, if deemed necessary or desirable in the reasonable descretion of the Closing Agent. It is the intent of this document to covenant and assume that this transaction and its documentation will conform to the parties agreement or Lender requiremeht~t and it is understood that Closing Agent will rely upon the Agreement and the covenants herein in closing this transaction. 4. INDEPENDENCE TITLE OF CLEARWATER, INC. shall act as Escrow Agent for the purpose of disbursing the funds as' required. Interest, if any, shaii not be paid to the undersigned parties uniess specificaily required by separate Escrow Agreement between Escrow Agent and the Buyer and/or Seller. Unless otherwise specified by separate written agreement, interest, if any, shall be used to defray the cost of maintaining the escrow account. SELLER(S): BUYER(S): C'T'T'V nJ;" ("L~n~W~T"'~ ~~~~ BECEIVED JUN 2 1 19,91 CITy CLE~IC " ~ 1\ I) >;, EXHIBIT "A" rARK PARCEL LEGAL IJESCRIYI10N A PARCEL OF LAND LYING IN TilE SOUTHWEST 1/4 OF TilE SOUTIIWEST 1/4 OF SECTION 4, TOWNSHIP 29 SOUTII, RANGE 16 EAST, PINELLAS COUNTY, FLORIDA, BEING MORE FURTHER DESCRIBED AS FOLLOWS: COMMENCE AT11lE SOUTHEAST CORNER OF AFORESAID SOUTHWEST 1/4 Of THE SOUTHWEST 1/4; TIIENCE ALONG TilE SOUTH 40 ACRE LINE, N89'10'41"W, 167.11 FEET; THENCE NOO'12'52"E, 60.00 FEET TO A POINT ON THE WESTERLY RIGUT-OF- -Il\. WAY OF MCMULLEN BOOTII ROAD AS DESCRIBED IN I'INELLAS COUNTY RItH Il- OF-WA Y PARCEL 1,153.20 AS RECORDED IN O.R. BOOK 6703, PAGES 1716 TIIROUGII 1718 OF TilE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA; TIIENCE ALONG SAID RIGIIT-Of-WAY NOO"07'09"E, 441.17 FEET; THENCE CONTINUING ALONG SAID RIOIIT-Of-WAY AND TilE ARC OF A CURVE TO TilE LEFf 17.03 FEET, RADIUS 11,359.16 FEET, CENTRAL ANGLE 00"05'09", CIIORD BEARING NOO"04'34"E, 17.03 fEET TO TilE SOUTIIERL Y LINE OF A 15.00 fOOT SANITARY SEWER EASEMENT AS RECORDED IN O.R. BOOK 3033, PAGE 725 OF TilE PUBLIC RECORDS Of PINELLAS COUNTY, FLORIDA; TIIENCE ALONG SAID EASEMENT LINE S81"47'39"W, 73.21 FEET; THENCE CONTINUING ALONG SAID EASEMENT N74"00'51"W, 135.58 FEET TO TilE POINTOf BEGINNING TIIENCE CONTINUE N74.00'51"W, 192.31; TIIENCE NOO'00'05"E, 312.59 FEET; THENCE NOS "4S'4S"E, 148.49 FEET; TIIENCE S89"31'08"E, 170.05 FEET; THENCESOO"OO'OS"W, 511.93 FEET TO TilE POINT OF BEGINNING. SAID PARCEL CONTAINING 88,881.23 SF MORE OR LESS OR 2.040 ACRES MORE OR LESS WITH AN EASEMENT FOR INGRESS/EGRESS 1O-FEET WIDE BEING DESCRIBED AS FOLLOWS: BEGIN AT THE NORTHEAST CORNER Of TilE ABOVE DESCRIBED PARCEL AND RUN S89" 31'08"E, 192.21 FEET TO A rOINT ON TilE WESTERLY RIGIIT-Of-WAY LINE OF MCMULLEN BOOTII ROAD; TIIENCES01"40'47"E, 10.00 FEET;11IENCE N89' 31'08"W, 192.51 FEET; THENCE NOO"OO'OS"E, 10.00 fEEl TO TilE "OINT OF BEGINNING. IIECErVED JUN 2 1 1991 C/7")' CLERK . qr OMS No 25020265 A, U.S. DEPARTMENT OF HOUSING AND UROr DEVELOPMENT SETTLEMENT STATEMEN I Y P E 8, o F LOA N t. 0 r:-HA 2.0 F"MHA. 3. D CONV. UNINS. 4. 0 VA 5. 0 CONV. INS. 7. LOAN NUMBER: 6. FILE NUMBER: 91-8055 8. MORTGAGE INS. CASE NO.: C, NOTE This form is furnished to give you a statement of actual settlement costs, Amounts paid to and by the settlement agent are shown. Items marked "(p.o. C)" were paid outside the closing; they are shown here for informational purposes and are not included in the totals. D, NAME OF BORROWER: TheCHy of Clearwater ADDRESS OF BORROWER: E, NAME OF SELLER: . ADDRESS OF SELLER: The Babcock Company ~ F, NAME OF LENDER: ADDRESS OF LENDER: G, PROPERTY LOCATION: McMullen Booth Road, North of S.R. 500 Clearwater, Florida H. SETTLEMENfAGENT: lndependende Tille of Clearwater, Inc. PLACEOfSEJTLEMENT: 28050U. S. 19 North ,Suite 303 Cle~rwat~r, )lorida 34621 I SETTLEMENT DATE: June 20, 1991 SUMMARY OF BORROWER'S TRANSACTION 1/kce J(j,', 1 '.e/J " 2 1 << C/'r /991 ,,-" c.l.E/J1( ... " 101, Contract Sales price 102, Personalproperty ,'",',.", '" ,'~_",.. 103, Settlement charges to borrower: ." (from line 1400) 104, 105. ADJUSTMENTS FOR ITEMS PAID BY SELLER IN ADVANCE: 106, CitY/town taxeS to 1 07, County taxes ',", to 108, Assessments' to 109, 110: 111- 112, 10.50 404, 405. ADJUSTMENTS FOR ITEMS PAID BY SELLER IN ADVANCE: '''406, Cityltown taxes "to 407, County taxes to 408, Assessments to 409, 410, . 411- 412. II ' I 201. Deposit or earnest money 202, Principal amount of new loan(!;) 203, Existing loan(s) taken subject to 204. "., . ,,',', ".""',",,:"''"'" '^' 205, 206, 207, 208, 209, 501, Excess deposit (see instructions) 502, Settlement cMrges to seller (line 1400) 503, Existing loan(s) taken subject to 504: Payoff of first mortgage loan 505, Payoff of second mortgage loan 506. ',' 507, 508, 509, ADJUSTMENTS FOR ITEMS UNPAID BY SELLER: 210. City/town taxes to 211. County taxes to 212. Assessments to 213, 214, 215, 216. 217, 218, 219, 220. TOTAL PAID BY/FOR BORROWER: ~ 17,595.35 301, Gross amount due from borrower (line 120) 302, Less amount paid by/fOr borrower (line 220) 186,661.50 601, Gross amount due to seller (line 420) 5,000. 00) 60~. Less total reductions In amount due seller (line 520) ( 303. CASH (!Xl FROM) (0 70.) BORROWER: 181,661.50 (IX] TO) (0 FROM) SELLER: ~ 169,055.55 Previous Edition Is Obsolete Form No, 2369 5/87 58,4,3538,000,1 HUD-1 (3-fI6) RESPA, HB 430!j,2 l. SETTLEMENT 700. TOTAL SALES/BROKER'S COMMISSlml BASED ON PRICE $ 186,651. 00 C H A R G E S I (lr 7 %= 13,065.57 PAID FROM BORROWER'S FUNDS AT SETTLEMENT PAID FROM SELLER'S FUNDS AT SETTlEMENT DIVISION OF COMMISSION (LINE 700) AS FOLLOWS: 13,065.57 701, $ 702, $ 703, Commission paid at settlement 704. - 601, ' Loan Origination fee % 602. Loan Discount % 603. Appraisal Felda: 604, Credit Report to: 805. Lender's Inspection fEll! 606. Mortgage Insurance application fee to 607, Assumption fee 606, 609, 610. 811 to Lee Arnold & Assoc., Inc. to 13,065.57 b ..... n, ,.{'~'..."... "\ -:.."t..- " \ 900, ITEMS REQUIRED BY LENDER TO BE PAlO IN ADVANCE: 901. Interest from '. "",, .,' to 902. Mortgage insuranc!!',pr,emium for "t;' ',: ~I ....... 903. Hazatd insurance ptemlum for', ''. " 904. Flood Insurance Premfum fOr 905, @$ Iday mo, to yrs. to yrs. to 1 1000, RESERVES DEPOSITED WITH LENDER: 1001. Hazard insurance 1002, Mortgage insurance 1 nfl3, City property'taxes 1004, County property taxes 1005. Annual assessments 1006, Flood Insurance 1007. 1006, months @ $ months @ $ months @1 $ months (II $ months @ $ months @ $ months @ $ months (ci $ per month per month per month per month per month per month per month per month 1100. TITlE CHARGES 1101, Settlement or closing fee to 1102, Abstract or title search to 1103, Title examination to 1104. Title insurance blnderto 1105. Document preparation to 1106, Notary fees to 1107, Attorney's fees to (includes above items Numbers: 1106. Titlelnsuranceto Independence Title of Clearwater (Includes above items Numbers: 11 0 1-11 0 6 1109, Lender's coverage $ 1110. Owner's coverage $ 186, 65LOO 1111- 1112, 1113, " -'Of ) 1,233.'27 1200, GOVERNMENT RECORDING AND TRANSFER CHARGES: 1201. Recording fees: Deed $ 1202, City/county tax/stamps: 1203. State tax/stamps: 1204, 1205. 10.50 Deed $ Deed 9; ; Mortgage $ ; Mortgage $ '1, i 20.20 ; Mortgage $ : Releases $ 10.50 1,120.20 1300. ADDI 10NAL SETTLEMENT CHARGES: 1301. Survey to 1302, Pest inspection to 1303.Assessment search fee to City of CI earwater 1304,91 Tax 04/29/16/00000/330/0300 to O. Sanford Jasper 1305, * 1/1/91 thru 6/20/91 1306. 1307, * 20.00 2,156.:n 1400. TOTAL SETTLEMENT CHARGES (Enter on line 103. Section J - and -line 502, Section K) ~ 10.50 17,595.35 I have carefully reviewed the HUD-l Settlement Statement and to the best of my knowledge and belief, it is a true and accurate statement of all receipts and disbursements made on my account or by me In this transaction, I further certify that I have received El copy of HUD-1 Settlement Statement The City of Clearwater The abc k Com an Settlement Agent June 20 , 1991 I File No. 91-8055 WARNINGllt is a crime to knowingly make false statements to lhe United States. on this or any other similar form, Penalties upon conviction can include a fine or imprisonment For details see: Title 18 US, Code Section 1001 and Section 1010, To Reorder Please Call: . Great Lakes Business Fonns. Inc, l8A 1.800,253.0209 0 MI1,800,358,2643 0 FAX (6Ifl1791,1131 S8.4,3538,000.1 ~'<'! I '. ~. 1 commitment fOI title insurance INDUSTRIAL VALLEY TITLE INSURANCE COMPANY Executive Offices: 1700 Market Street, Philadelphia, PA 19103 (215) 988-1881 Industrial Valley Title Insurance Company, a Pennsylvania corporation, herein called the Company, for a valuable consideration, hereby commits to issue its policy or policies of title insurance, as identified in Schedule a, in favor of the proposed Insured named in Schedule a, as owner or mortgagee of the estate or interest covered hereby in the land described or referred to in Schedule a, upon payment of the premiums and charges therefore; all subject to the provisions of Schedules a and b and to the Conditions and Stipulations hereof. This Commitment shall be effective only when the identity of the proposed Insured and the amount of the policy or policies committed for have been inserted in Schedule a hereof by the Company, either at the time of the issuance of this Commitment or by subsequent endorsement_ This Commitment is preliminary to the issuance of such policy or policies of title insurance and all liability and obligations hereunder shall cease and terminate six (6) months after the effective date hereof or when the policy or policies committed for shall issue, whichever first occurs, provided that the failure to issue such policy or policies is not the fault of the Company. IN WITNESS WHEREOF INDUSTRIAL VALLEY TITLE INSURANCE COMPANY has caused this Commitment to be signed and sealed as of the effective date shown in Schedule a; the Commitment to become valid when countersigned by an authorized signatory_ RECEIVED JUN 2 1 1991 CITY CLERK INDUSTRIAL VALLEY TITLE INSURANCE COMPANY By: D Cw\c{AM 13C\-cA^- Ll"UEFENDENCE TI1LE OF CLEARWATER, INC_ S050 'U_ S_ Hwy. 19 North, Suite 303 Clemwater, FL 34621 President ...'~',\l'lE"/~;"_,,_ /....~/ '''11\ f ~; #"tOV.ATE "et: '~\ ! ~ : c.; 1963 ~ ; " : \otl..""l: .. '~! Attest' J1 1 \. ~ \ ..SYl"....... 0.: ~ ~l (l,uo. "-. ~O-t !#>~ / ..~.......!..~....~..I.... Gll" " Secretary . ..~'1~ r5{j~ IL. V Aut orized Signatory 87 -202 AL T A COMMITMENT PA3 J ~, I CONDITIONS AND STIPULATIONS 1. The term "mortgage", when used herein, shall include deed of trust, trust deed, or other security instrument. 2. If the proposed Insured has or acquires actual knowledge of any defect, lien, encumbrance, adverse claim or other matter affecting the estate or interest or mortgage thereon covered by this Commitment other than those shown in Schedule b hereof, and shall fail to disclose such knowledge to the Company in writing, the Company shall be relieved from liability for any loss or damage resulting from any act of reliance hereon to the extent the Company is prejudiced by failure to so disclose such knowledge. If the proposed Insured shall disclose such knowledge to the Company, or if the Company otherwise acquires actual knowledge of any such defect, lien, encumbrance, adverse claim or other matter, the Company at its option may amend Schedule b of this Commitment accordingly, but such amendment shall not relievethe Company from liability previously incurred pursuant to paragraph 3 of these conditions and Stipulations. 3. Liability of the Company under this Commitment shall be only to the named proposed insured and such parties included under the definition of Insured in the form of policy or policies committed for and only for actual loss incurred in reliance hereon in undertaking in good faith (a) to comply with the requirements hereof, or (b) to eliminate exceptions shown in Schedule b, or (c) to acquire or create the estate or interest or mortgage thereon covered by this Commitment. In no event shall such liability exceed the amount stated in Schedule a for the policy or policies committed for and such liability is subject to the insuring provisions, the Exclusions from coverage and the Conditions and Stipulations of the form of policy or policies committed for in favor of the proposed Insured which are hereby incorporated by reference and are made a part of this Commitment except as expressly modified herein. 4. Any action or actions or rights of action that the proposed Insured may have or may bring against the Company arising out of the status of the title to the estate or interest or the status of the mortgage thereon covered by this Commitment must be based on and are subject to the provisions of this Commitment. schedule al . , -.1' 53--95 Eff . 0 June (", 1991 ectlve ate ~05: 00 PM 1_ Policy or Policies to be issued: AL T A Owner's Policy 1970 Form - Amended 10-17-70 Proposed Insured: The City of Clearwater c/o Jim Hensley AL T A Loan Policy 1970 - Amended 10-17-70 Proposed Insured: I Number 91 '-"nO~j5 $ 185,000..00 $ 2. The estate or interest in the land described or referred to in this Commitment and covered herein is FEE SIMPLE, and title to the estate or interest in said land is at the effective date hereo1 vested in: The Babcock Company, A Florida Corporation 3. The land referred to in this Commitment is describecN"~<&x BEL.OW See Attached Exhibit "A" 061 AL TA COMMITMENT PA3 RECEIVED JUN 2 1 1991 CITY CLERK AUDIT NUMBER 1 - 263 ) I EXHIBIT "A" 1 ",,,;?635?3 A Parcel of land lying in the Southwest 1/4 of the Southwest 1/4 of Section 4, Township ?9 South, Range 16 East, Pinellas County, Florida, being mare further described as fallows: Commence at the Southeast carner of aforesaid Southwest 1/4 at the Southwest 1/4; t hence a 1 on(:i t tH3 Sout h 40 acre 1 i ne, NB(i}) 10' 41 "1,J, 1 67" 11 'f=aa'l"~ t~laT'l(~a NOOl1?'C?"I= L() ()()' t'pp'l" '1"0 ~ or)'I'T')'I: OT.l 'l:~le IlpS'l"PY'I)' ,-....\..- J ~ .J I ~..- .."-,.- .. ,_ k.. ,.J..c... .... lJ (:>.... .... .... 1 '.. C.A f' ,_.. ... . I .. lAJ ....~.. ,.... .. right-of-way of McMullen Baath Road as described in Pinellas County right-of-way parcel l,153,,?0 as recorded in O.R. Book 6703 Pages 1716 t h'rough 1718 of t he Pub 1 i c I~econ;is Pine 11 as Count y , Florida; thence along said right-of-way NOOu07'09"E, 441,,17 feet; thence continuing along said right-of-way and the arc of a curve to"the left 17,,03 feet, radius ]1,359.16 feet, central ~T'lCl'lp ()Ouoc'()O" r~loY~ I'P~Y.]'T.ICl NOOOO~'~AI'''C .1'7" O~ ~PP't: 'l"o 'l:~lP t). ._...... . . ,..> I !J .., I ,. I..J _. ....(.A . '._ .. .c.l '.. r...,.. "..... I .... ..... 1 ,. .' I .... Southerly line of a 15.00 foot sanitary sewer easement as recorded in O.R" Book 3033, Page 7?5 of the Public Records of Pinellas County, Florida; thence along said easement line c81u47'~9"W 7~?1 fppt. thence rontinllinq ~lonq 03irl p~0pmpnt d .:,~ "0, , . ;::, " . : ;:: ,;: ';:,. ::; ::: ",' ,,:. " '" ':~;:,' ::: '. '_ .... ,,;:,:, ' . '; ;::" :: ': " ''':,. ':::-. " N74 00 ."d W." J.::L,)" .,)0 t I::. f.'. t L 0 L he. I 0 J Tl L of _ 1:3('.,,1 UlTllTl,,) L h(::.TH..f:' l ' N'7" 4u ()C) , I" 'I "I.I 'J 0''', '''11 t ~ N(')(')u C)() . (') '''' " Ie" "'l' .", r" n [' l COTY'; ], ntH:) ,,' ,.:l" \^<. ,7.::,. -:: ,; ; IlenCf) " ,~ ,.:l 1:" ::: J .::, ".:) '7 "'(l()";; 'l" t' " , .'. ", N(') I:;' (J A to' , A':;' "I"" " 48' A 0 'f: " 't. 't~' ", ' ". '" ("'HoUr) 1 '()O" I"" 'I '7(') (')'::' 'I:: '" "t' " ,H,~.TlLt:. , .,) ,'+.,,) ~I'_,) ::" """,, ~I' '7 E..E. ., ,I H::.TlLt:. .:):, '7 ,::>" ,(,) :::, , '" ," .,,) (':'.f:. " , 'l" ~l f' n ('" (::,' cO C) 0 0 () > () L' "W I::' "'I 0 r:l 'f'; f" p t" 'l':c) 'I': ~'l f'" I:) (') 'I' fl'l" 0 'f" 1::3 (::,' Cl 'I' T'l T'l 'I' T'l Cl t I .... ..' .... ~.,)... ...J ~"oJ .. .. .. 7.... ..; ....? ." . I .... " .. '.. ,..... '., .. .. ,._" Said parcel containing 88,881.23 SF more or less or 2,,040 acres more or less with an easement for ingress/egress 10-feet wide being described as follows: Begin at the Northeast Corner of 'l" t' '" ..~'" ~ ", "j ",<", ". ,.'~, '" "j ').' ". ", 'I ..' ,j , , ("'(i")" u'''11 · (')C) " I'" 'I c)''', ''''1 'f': '" Tl" 'I'" ." . H::. dUU Ie:':. U(::.,,,,C Y J U(::.U r, dY CI:.." riTlel Y U Tl .:K' ,:: po:::, "7,::,,, .::, " (:',,(::., "U <:1 point on the Westerly right-of-way line of "McMullen Booth Road; 'l"~' ", ' ". ", C(') 1 U A (') · 4 '7" U I"" 'I (') OC) f' 't'. t ~ , .. -, N8ourl1 > (')0" WI '" C/o", 1':' 1 'f"" '''I'' " " I H::. T1Cf::. ")'"'' ',I' , " :::"",. , eE. ". , I)€', ncf.'. ,,'7 ,:: p ,c> 'p .::, " .,)" 1::)1::) . " 'l"~' "'T"" " N(')()u()O' (')":' "I"" "(') C)(') 'I:: ", -,t" t"" t- t.. ", I")'.' 't' "f' 1'3 "'C " , , " 'C .llt~ILL '" ,.,) ::,> ",." (::.f:."U ,IlL "OITI. 0 ::t'JJT1T1JTIJ" RECEIVED JUN 2 1 1991 CITY CLERK I schedule b -section I . .' I 5:3-95 Number 91 '-'805~i The following are the requirements to be complied with: 1. Instrument(s), in insurable form, creating the estate or interest to be insured must be executE delivered and filed for record. ~~/. (!~ ,) b. Warranty Deed from The Babcock Company, A Florida Corporation to The City of Clearwater c/o Jim Hensley. Taxes for the year 1990 were paid 11/30/90 in the amount of $4,604.15. Taxes are not escrowed. PARCEL #04/29/16/00000/330/0: 2. Payment of the full consideration to, or for the account of, the grantors or mortgagors. 3. Payment of all taxes, liens, charges, and assessments,levied and assessed against the prel ises described in Schedule G, which are due and payable. 4. Satisfactory evidence should be had that improvements and/or repairs or alterations thereto a completed; that contractor, subcontractors, labor and materialmen are all paid. 5. Proof that all electrical appliances, heating furnaces and systems, and any other fixturl installed on the premises were not purchased under a secured transaction agreement or al other retention of title agreement or have now been fully paid for. 6. Proof of identity, legal age and competency, and marital status if affecting title (including deatl and divorces), of all natural personsin this transaction. ,. RECEIVED JUN 2 1 1991 CITY CLERK 85-64 ALTA COMMITMENT PA3 Schedule "b" - section 1 consists Of page(s). I schedule b '. I .~ .' 5~3--9 5 Number ? 1--f3055 - section II Schedule b of the policy or policies to be issued will contain the following exceptions unless the sc are disposed of to the satisfaction of the Company: 1. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in public records or attaching subsequent to the effective date hereof but prior to the date the propo Insured acquires for value of record the estnte or interest or mortgage thereon covered by Commitment. 2, Discrepancies or conflicts in boundary lines, unrecorded easements, encroachments or area con which a complete and accurate current survey would disclose, 3. Rights or claims of parties in possession not shown by the public records, 4, Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposec law ahd not shown by the public records, 5. Easements, or claims of easements, not shown by the public records, 6, Taxes or special assessments which are not shown as existing liens or charges by the public recor 7. Taxes for 1991 and subsequent years, which are not yet due and payable. 8. Subject to Restrictions as recorded in Deed Book 1119, Page 501, Public Records of Pinellas County, Florida. 9. Subject to Easements as recorded in O.R. Book 3033, Page 725 and Deed Book 1119, Page 501, Public Records of Pinellas County, Florid, 10. At this time access to captioned property is neither guaranteed nor insured. BECEIVED JUN 2 1 1991 CITY CLERK 76.59 ALTA COMMITMENT PA3 Schedule "b" - section II of this commitment consists of page(s). - ----- ~---_._------ ----- ------ --- -_.--- J .. ,-i ~, : I' commitment for title . Insurance .., Industrial Valley Title Insurance Company 1700 Market Street Philadelphia, Pennsylvania 19103 SUBJECT TO THE EXCLUSIONS FROM COVERAGE. THE EXCEPTIONS CONTAINED IN SCHEDULE b AND THE PROVI- SIONS OF THE CONDITIONS AND STIPULATIONS HEREOF, INDUSTRIAL VALLEY TITLE INSURANCE COMPANY. A PENNSYLVANIA 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: 1, Title to the estate or interest described in Schedule a being vested otherwise than as stated therein; 2, Any defect in or lien or encumbrance on such title; 3, Lack of a right of access to and from the land; or 4, Unmarketability of such title, IN WITNESS WHEREOF INDUSTRIAL VALLEY TITLE INSURANCE COMPANY has caused this policy to be signed and s as of the date shown in Schedule a; the policy to become valid when countersigned by an authorized signatory. INDUSTRIAL VALLEY TITLE INSURANCE CC By ~CAN\'~ 13D--v{~ INDEPENDENCE TI1LE OF CLEARWATER, INC. 28050 U. S. Hwy. 19 North,Suite 303 Clearwater, FL 34621 President. Operations ..,....~\llE..i:t...... /~~:,/"'.,."._,.~~.;\. ! ;{/ ".ORATE ol'e.'\~ \ ,;Iif{J 1963 y'n: !-'i !m": .~'... 11"" \ ~\,l"4'NSYl""~ /i [if ',~ """'''' ,,,,,/ ~/ ":.?~ ".",,," ........,.' ..... ~I * "... ,.,' .,~",."............II Attestj( QA",(D 1. Gte' . ' See) dd/~(UA/~ Authorized Signa lory 87-206 PA 10 AUDIT NUMBER 2 1279: ALTA Owner's Policy - 1970. Form B Amended 10-17.70 EXCLUSIONS FROM COVERAGE )llowing matters are expressly excluded from the coverage of this policy: ,ny law, ordinance or governmental regulation (including but not limited to building and zoning ordinances) restricting r regulating or prohibiting the occupancy, use or enjoyment ot the land, or regulating the character, dimensions or )cation of any improvement now or hereafter erected on the land, or prohibiting a separation in ownership or a reduction 1 the dimensions or area of the land, or the effect of any violation of any such law, ordinance or governmental regulation, lights of eminent domain or governmental rights of police power unless notice of the exercise of such rights appears in 1e public records at Date of Policy, )efects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed or agreed to by the insured laimant; (b) not known to the Company and not shown by the public records but known to the insured claimant either at late of Policy or at the date such claimant acquired an estate or interest insured by this policy and not disclosed in writing ,y the insured claimant to the Company prior to the date such insured claimant became an insured hereunder; (c) resulting 1 no loss or damage to the insured claimant; (d) attachi ng or created subsequent to Date of Policy; or (e) resulting in )SS or damage which would not have been sustained if the insured claimant had paid value for the estate or interest nsured by this policy, CONDITIONS AND STIPULATIONS ~ition of Terms ollowing terms when used in this policy mean: ,nsured": the insured named in Schedule a, and, subject to any Ir defenses the Company may have had against the named in- :hose who succeed to the interest of such insured by operation as distinguished from purchase including, but not limited to, listributees, devisees, survivors, personal representatives, next or corporate or fiduciary successors, Insured claimant": an insured claiming loss or damage here- knowledge" actual knowledge, not constructive knowledge or which may be imputed to an insured by reason of any public land": the land described, specifically or by reference in Sched- and improvements affixed thereto which by law constitute real y; provided, however, the term "land" does not include any y beyond the lines of the area specifically described or referred chedule a, nor any right, title, interest, estate or easement in ~ streets, roads, avenues, alleys, lanes, ways or waterways, but I herein shall modify or limit the extent to which a right of access from the land is insured by this policy, mortgage": mortgage, deed of trust, trust deed, or other security lent. Jublic records": those records which by law impart constructive of matters relating to said land, tinuation of Insurance after Conveyance of Title :overage of this policy shall continue in force as of Date of Policy r of an insured so long as such insured retains an estate or in- n the land, or holds an indebtedness secured by a purchase mortgage qiven by a purchaser from such insured, or so long 1 insured shall have liability by reason of covenants of warranty JY such insured in any transfer or conveyance of such estate or t; provided, however, this policy shall not continue in force in ,f any purchaser from such insured of either said estate or in- Dr the indebtedness secured by a purchase money mortgage o such insured, . I 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 ex- penses in litigation carried on by such insured with the written authori- zation of the Company, (c) When liabiilty 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 en- cumbrance insured against hereunder, by litigation or otherwise, re- moves 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 therefrom, ad- verse 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 los; or destroyed, in which case proof of such loss or destruction shall be furnished to the satisfaction of the Company, , .. . "- I , h d 'I Fiil SC e U e~-95 I Number 2--127982 Date of Policy June 20, 1991 03=30 PM Amount of Insurance $186,651.00 1. Name of Insured: The City of Clearwater 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 toherE!Jtrls at Date of PoliCy vested in INSURED is situated in County of Pi nell;;t~ ' Stat and is described in the instrument as recorded of recor Book 7602 Page 1134 4. The land referred to in Flor Ida See Attached Continuation Owner's Policy Schedule A ~- I I . 91-8055 2-127982 Owner's Policy Schedule A A Parcel of land lying in the Southwest 1/4 of the Southwest 1/4 of Section 4. Township 29 South. Range 16 East. Pinellas County, Florida, being more further described as follows: Commence at the Southeast corner of aforesaid Southwest 1/4 of the Southwest 1/4; thence along the South 40 acre line, N89"10'41"W, 167.11 feet; thence NOO"12'52"E, 60.00 feet to a point on the Westerly right-of-way of McMullen Booth Road as described in Pinellas County right-of-way parcel 1,153.20 as recorded in O.R. Book 6703 Pages 1716 through 1718 of the Public Records Pinellas County, Florida; thence along said right-of-way NOO'07'09"E, 441.17 feet; thence continuing along said right--of-way and the arc of a curve to the left 17.03 feet, radius 11,3S9.16 feet, central angle 00'05'09", chord bearing NOO'04'34"E, 17.03 feet to the Southerly line of a 15.00 foot sanitary sewer easement as recorded in D.R. Book 3033, Page 72S of the Public Records of Pinellas County, Florida; thence along said easement line S81'47'39"W, 73.21 feet; thence continuing along said easement N74'00'SI"W, 135.58 feet to the Point of Beginning thence continue N74'00'51"W, 192.31; thence NOO.00'05"E, 312.59 feet; thence NOS'4S'45"E, 148.49 feet; thence S89'31'08"E, 170.05 feet; thence SOO.OO'OS"W, 511.93 feet to the Point of Beginning. Said parcel containing 88.881.23 5F more or less or 2.040 acres more or less with an easement for ingress/egress 10-feet wide being described as follows: Begin at the Northeast Corner of the above described parcel and run S89'31'08"E, 192.21 feet to a point on the Westerly right-of-way line of McMullen Booth Road; thence 501'40'47"E, 10.00 feet; thence N89'31'08"W, 192.51 feet; thence NOO'OO'OS"E, 10.00 feet to the Point of Beginning. sched ~ leiJ95 1 . Number '11..""B05b This policy does not insure against loss or damage by reason of the following: 1. Discrepancies, conflicts in boundary lines, unrecorded easements, encroachments, and content which a complete and accurate current survey would disclose. 2. Rights or claims of parties in possession not show,n by the public records. 3. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnis imposed by law and not shown by the public records. 4. Easements, or claims of easements, not shown by the public records. 5. Taxes or special assessments which are not shown as existing liens or charges by the pi records. 6. The lien of all taxes for the year 19], 991 7. Taxes for 1991 and subsequent years, which are not yet due and payable. 8. Subject to Restrictions as recorded in Deed Book 1119, Page 501, Public Records of Pinellas County, Florida. 9. Subject to Easements as recorded in O.R. Book 3033, Page 725 and Deed Book 1119, Page SOl, Public Records of Pinellas County, Florid 10. At this time access to captioned property is neither guaranteed nor insured. Schedule "b" of this policy consists of page(s), 055 OWNER PAW , .--1'--,..........."-,..- ,- I .,-...., 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, or a defense interposed against an insured in an action to enforce a contract for a sale of the estate or interest in said land, to the extent that such litiga- tion is founded upon an alleged defect, lien, encumbrance, 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 or defense is interposed as set forth in (a) above, (ii) in case knowledge shall come to an insured here- under of any claim of title or interest which is adverse to the title to the estate or interest, as insured, and which might cause loss or damage for which the Company may be liable by virtue of this policy, or (iii) if title to the estate or interest, as insured, is rejected as unmarketable 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, pro- vided, however, that failure to notify shall in no case prejudice the rights of any sllch 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 estab- lish 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 determina- tion by a court of competent jurisdiction and expressly reserves the right, in its sole discretion, to appeal from any adverse judgment or order, (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 prose- cute or provide defense in such action or pro(;eeding, 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 Company, 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 proceeding, and the Company shall reimburse such insured for any expense so incurred 4. Notice of Loss - Limitation 01 Action In addition to the notices required under paragraph 3(b) of these Conditions and Stipulations, a statement in writing of any loss or dam- age 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 fur- nished, Failure to furnish such statement of loss or damage shall ter- minate 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 ter- minate all liability and obligations of the Company hereunder by paying or tendering payment of the amount of insurance under this pOlicy to- gethcr with any costs, attorneys' fees and expenses Incurred up to the time of such payment or tender of payment, by the insured claimant and authorized by the Company, ......-.., 1 9. liability Noncumulative It is expressly understood that the amount 01 insurance unl policy shall be reduced by any amount the Company may pay un policy insuring either (a) a mortgage shown or referred to in SI b hereol which is a lien on the estate or interest covered by this or (b) a mortgage hereafter ei<ecuted by an insured which is act lien on the estate or interest described or relerred to in SChE and the amount so paid shall be deemed a payment under this The Company shall have the option to apply to the payment 01 a mortgages any amount that otherwise would be payable hereu the insured owner of the estate or interest covered by this policy amount so paid shall be deemed a payment under this policy insured owner. 10. Apportionment II the land described in Schedule a consists 01 two or more which are not used as a single site, and a loss is established a one or more 01 said parcels but not all, the loss shall be compu settled on a pro rata basis as if the amount of insurance un, policy was divided pro rata as to the value on Date of Policy separate parcel to the whole, exclusive of any improvements ma sequent to Date of Policy, unless a liability or value has otherwi~ agreed upon as to each such parcel by the Company and the at the time of the issuance of this policy and shown by an expres ment herein or by an endorsement attached hereto 11. Subrogation Upon Payment or Settlement Whenever the Company shall have settled a claim under this all right of subrogation shall vest in the Company unaffected act of the Insured claimant The Company shall be subrogatec be entitled to all rights and remedies which such insured e would have had against any person or property in respect to sue had this policy not been issued, and if requested by the Compal insured claimant shall transfer to the Co~pany all rights and rI against any person or property necessary in order to perfect su of subrogation and shall permit the Company to use the name insured claimant in any transaction or litigation involving such I remedies, If the payment does not cover the loss of such insure ant, the Company shall be subrogated to such rights and rem the proportion which said payment bears to the amount 01 s, If loss should result from any act of such insured claimant, such not void this policy, but the Company, in that event, shall be ree pay only that part of any losses insured against hereunder whl exceed the amount, II any, lost to the Company by reason of thE ment of the right of subrogation 12. Liability Limited to this Policy This instrument together with all endorsements and other inst if any, attached hereto by the Company is the entire policy and between the insured and the Company, Any claim of loss or damage, whether or not based on ne~ and which arises out of the status of the title to the estate or covered hereby or any action asserting such claim, shall be r to the prOVISionS and conditions and stipulations of this polil No amendment of or endorsement to this policy can be mad by writing endorsed hereon or attached hereto signed by e President, a Vice PreSident, the Secretary, an Assistant Secr validating officer or authorized signatory of the Company, 13. Notices, Where Sent All notices required to be given the Company, and any statE writing required to be furnished the Company shall be addrE its Headquarters, . --' , I - .-. owner's title policy I I Independence 'TIt{e of C{earwater, Inc. "July 1, 1991 ...,JI\ "The City of Clearwater 'P.O. Box 4748 . Clearwater, FL 34618 ~ """.It, Re: OUr File If 91-8055 Dear Gentlerren or Ladies , Enclosed herewith please find the following items: V Original Owners Policy L Original, Recorded Warranty Deed Original Mortgagee-Policy Original, Recorded Mortgage Deed and Riders, if any. It has been a pleasure serving you in this matter and if we can be of any service in future matters, please do not hesitate to call on us. Sincerely, b Sue Ann Brightwell Independence Title of Clearwater, Inc. ~. ttt\,tll " \) ~ \~g\ ~\l\. C,\"'{'( C \..t ~ \( Pinellas Park Br 4429 Park Blvd, Pinellas Park, FI Phone: 813 54 Fax: 813 541< 28050 ~ U.S. 19 No. Suite 303 Clearwater, FL 34621 Phone: 813 799-6488 Fax: 813 799-0571 I I CITY OF CLEARWATER Interdepartmental Correspondence Sheet TO: Cynthia E. Goudeau, City Clerk M. A. Galbraith, Jr., City Attorney ~ Purchase from The Babcock Company - 2.2 acres in SaIl's Lake Subdivision for park purposes FROM: RE: DATE: June 20, 1991 The subj ect purchase was completed today, and enclosed are the following documents: Copy of Contract for Purchase and Sale Settlement Statement Title Commitment # 91-8055 issued by Industrial Valley Title Insurance Company Copy of deed Copy of survey Copy of closing agreement I will forward the original deed and title policy to you when I receive them. MAG: jmp Enclosures Copy: Daniel J. Deignan, Finance Director w/copy of Settlement Statement RECEIVED JUN 2 1 1991 CITY CLERK