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JOHN CHIAFOLO JR , Pre;ar':'d by .. return ! I E . J. OTTOMANELLI i/Jtb:. ABSOLUTE TITLE SERVICES INC- 3458 TAMPA RD. PALM HARBOR, FL. 34684 Parcel Nos.: L6/2~/16/00000/220/3200 16/29/16/00000/220/3700 INST # 95-307709 DEC 4, 1995 5:04PM 1 PINELLAS COUNTY FLA. OFF.REC.BK 9182 PG 473 ',' WARRANTY DEED .~'. <~~ THIS INDENTURE made this 24TH day of, NOVEMRF.R ,1995 BETWEEN 1(/!...;;~.:. JOHN J. CHIAFOLO, JR. , A MARRIED ~f the County of .,111}.,3.CJ ORAJ.\lGE , , State of California, Grantor, and CITY OF CLEARWATER, _'_."h.,_ a Florida municipality, of the County of Pinellas, Grantee, whose ',,----.. "..address is: P.O. BOX 4748, CLEARWATER, FL. 34618-4748 ~_.__.....M_ WITNESSETH, That said Grantor, for and in consideration of the --.'. ..,... sum of Ten and NO/100 Dollars and other good and valuable --...--.,. '.. considerations to said grantor in hand paid by said grantee, the -,-..--.--receipt whereof is hereby acknowledged, has granted, bargained and ___.___sold to the said grantee, and grantee's heirs and assigns forever, ,'-:fD71--.-nthe followin~ describe:d land, situate, lying and being in PINELLAS ..i C,,_ L4-~.L.a.:.<tounty , Florlda, to Wl t : ~ SEE LEGAL DESCRIPTION ATTACHED HERETO AS EXHIBIT 'A' C) 1)~ fl' .~ \Y): "; ',", 'Ii ~ \,: r-;.... t ~ , ....... i GRANTOR HEREBY CERTIFIES THAT THE ABOVE PROPERTY IS VACANT LAND AND, THEREFORE, NOT NOW NOR HAS IT EVER BEEN THE CONSTITUTIONAL HOMESTEAD OF THE GRANTOR AS MADE AND PROVIDED BY THE LAWS OF THE STATE OF FLORIDA. FURTHERMORE, GRANTOR RESIDES AT THE ADDRESS SHOWN BELOW. SUBJECT TO taxes for the year 1996 and subsequent years. SUBJECT TO easements, restrictions and reservations of record. ;:_','" ~,::i .:.; f} r; ., , ( ",~. L.~ ,;,<~ ~.:. L~ o~.: I And said grantor does hereby fully warrant the title to said land, p ,:i(: ~~~m:~;~e~~fend the same against the lawful claims of all persons , , · IN WITNESS WHEREOF, Grantor has hereunto set Grantors hand and '~ I seal the day and year first above written. ~ I , Signed, sealed & delivered in the presence of: ~"a-,,/' ~ Witness #1 - Signature Name: S i/.s~N C c /. t. ielL (Please Print) ~ ~.. ~ ~. J0H J.t7CHIAFOLO, JR. Address: te. xm o,\L& ~.~ J6HN J IAFOLO, B'R JR. STATE OF CALIFORNIA / COUNTY OF ORANGE I HEREBY CERTIFY that on this day before me, an officer duly qualified to take acknowledgements, appeared JOHN J. CHIAFOLO, JR., personally known to me; or who has produced the following identification, to wit: TT,T,TN()T~ nRT\TRR T.TC'ENSE attesting to his/her identity and who executed the foregoing instrument and acknowledged before me the execution of the same. WITNESS my hand and official aforesaid this 24th day of seal in the County and State last NOVEMBER ,1995. Not~~'~& Name: DEBRA L HAMP'mN My commission expires: JANUARY 20TH, 1988 ~ I,) /J(/r /1-{) 'V~?-('l i::- ....................... DEBRA L. HAMPTON .. .. COMM. #1015048 > NOTARY PlJ!3L1C. CALIFORNIA ~ ORANGE COUNTY . . My Comm. Expires JAN, 20,1998. ....................... (9i~ f~1 - '... ...."...4":'~. WARRANTY DEED CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT COUNTY OF ORANGE TOTAL: CHECK A"T.TENDERED: CHANGE: If.:47:5f. UO.50 U74.30 -------- U&4.80 U84.80 $.00 STATE OF CALIFORNIA 1C049014 "AK 12-04-1995 01 DED-CHIAFOLO 1 RECORDIKG 3 DOC STA"P - DR219 " ~'* NOVEl,ffiER 24TH. 1995 before me, n'R'RRn T J-lnMP'IDI>l ***** I Notary Public, personally appeared JOHN J CHIAFOID. JR. ***** personatly I8'\8WA te fFIe..(or proved to me on the- basis of satisfactory evidence) to be the person(~ whose name(" ~ subscribed to the within inStrument and acknowledged to me that' helsttelthey executed the same in hislMrltllt::tr authorized capacity(-ie6h and that by hislher/Uleic signature~ on the instrument the person(li). or the entity upon behaJf of which the perso~ acted, executed the instrument. " WITNESS my hand and official seat Signature ~A'.~~ ....................... · I'~V~~- '" DEBRA L, . HAMPTON · . if" ,', . jjj 1'%, . ....' . COMM. #'1015048 )> ~ . ... NOTARY PU'BLIC . Ci'.LIFORNiA ~ . ORANGE COUNTY .- . Myeomm. Expires JAN. 20, 1998. ....................... (SeaQ ~CEL I: :Jt 75 feet of the West 461.05 feet of the North . ) feet o-f the South 1/2 of the SE 1/4 of NH 1/4 the Inl,1/4 of Section 16, TO'tffiShip 29 South, 1ge 16 East~ Pinellas County, Florida. teEL II: It 60 feet of the West 521.05 feet of the North ) feet of the South 1/2 of the SE 1/4 of the NH f of tll:! NH 1/4 of Section 16, Township 29 South, 1ge 16 East, Pinellas County, Florida. :~ that part described in O.R. 6556, Page 2315, IItc Records of Pinellas County, Florida. EXHIBIT "A" ) rPINELLAS COU OFt.REC.BK 9182 AL T A Owner's Policy with Florida Modifications (10-17-92) Pq>licy of Tille Insuranqe Issued By Iiif Nations Title Insurance of New York Inc. o 268- 74 1 393 SUBJECTTOTHE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE BANDTHE CONDITIONS AND STIPULATIONS, NATIONS TITLE INSURANCE OF NEW YORK INC., a New York 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, sustained or incurred by the insured by reason of: 1. Title to the estate or interest described in Schedule A being vested other than as stated therein; 2. Any defect in or lien or encumbrance on the title; 3. Unmarketability of the title; 4. Lack of a right of access to and from the land. The Company will also pay the costs, attorneys' fees and expenses incurred in defense of the title, as insured, but only to the extent provided in the Conditions and Stipulations. By: Nations Title Insurance of New York Inc. Lu~~ President ~R(of~ Attest: Secretary "dSOLUTE TITLE SERVICES INC. 3458 TAMPA ROAD PALM HARBOR, FL. 34684 '813) 781-4680 2635 EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: 1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects, liens, encumbrances, adverse claims or other matters: (a) created, suffered, assumed or agreed to by the insured claimant; (b) not knovm to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value forthe estate or interest insured by this policy. 4. Any claim, which arises out of the transaction vesting in the Insured the estate or interest insured by this policy, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that is based on: (a) the transaction creating the estate or interest insured by this policy being deemed a fraudulent conveyance or fraudulent transfer; or (b) the transaction creating the estate or interest insured by this policy being deemed a preferential transfer except where the preferential transfer results from the failure: (i) to timely record the instrument of transfer; or (ii) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor. 1. DEFINITION OF TERMS. The following terms when used in this policy mean: (a) "insured": the insured named in Schedule A, and, subject to any rights or defenses the Company would have had against the named insured, those who succeed to the interest of the named insured by operation of law as distinguished from purchase..including, but not limited to, heirs, distributees, devisees, survivors, personal repre- sentatives, next of kin, or corporate orfiduciarysuccessors, (b) "insured claimant": an insured claiming loss or damage, (c) "knowledge" or "known": actual knowledge, not constructive knowledge or notice which may be imputed to an insured by reason of the public records as defined in this policy or any other records which impart constructive notice of matters affecting the land, (d) "land": the land described or referred to in Sched- ule A, and improvements affixed thereto which by law constitute real property, The term "land" does not include any property beyond the lines of the area described or referred to in Schedule A, nor any right, title, interest, estate or easement in abutting streets, roads, avenues, alleys, lanes, ways or waterways, but nothing herein shall modify or limit the extent to which a right of access to and from the land is insured by this policy, (e) "mortgage": mortgage, deed of trust, trust deed, or other security instrument. (f) "public records": records established under state statutes at Date of Policy for the purpose of imparting ,constructive notice of matters relating to real property to purchasers for value and without knowledge, With respect to Section 1 (a)(iv) of the Exclusions from Coverage, "pub- lic records" shall also include environmental protection 2635 CONDITIONS AND STIPULATIONS liens filed in the records of the clerk of the United States district court for the district in which the land is located. (g) "unmarketability of the title": an alleged or appar- ent matter affecting the title to the land, not excluded or excepted from coverage, which would entitle a purchaser of the estate or interest described in Schedule A to be released from the obligation to purchase by virtue of a contractual condition requiring the delivery of marketable title, 2. CONTINUATION OF INSURANCE AFTER CONVEYANCE OF TITLE. The coverage of this policy shall continue in force as of Date of Policy in favor of an insured only so long as the insured retains an estate or interest in the land, or holds an indebtedness secured by a purchase money mortgage given by a purchaser from the insured, or only so long as the insured shall have liability by reason of covenants of warranty made by the insured in any transfer or convey- ance of the estate or interest. This policy shall not continue in force in favor of any purchaser from the insured of either (i) an estate or interest in the land, or (ii) an indebtedness secured by a purchase money mortgage given to the insured. 3. NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT. The insured shall notify the Company promptly in writing (i) in case of any litigation as set forth in Section 4(a) below, (ii) in case knowledge shall come to an insured hereunder of any claim of title or interest which is adverse to the title to the estate or interest, as insured, and which I , , 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 prompt notice shall not be given to the Company, then as to the insured all liability of the Company shall terminate with regard to the matter or matters for which prompt notice is required; provided, however, that failure to notify the Company shall in no case prejudice the rights of any insured under this policy unless the Company shall be prejudiced by -tile failure and then only to the extent of the prejudice, 4. DEFENSE AND PROSECUTION OF ACTIONS; DUTY OF INSURED CLAIMANT TO COOPERATE. (a) Upon written request by the insured and subject to the options contained in Section 6 of these Conditions and Stipulations, the Company, at its own cost and without unreasonable delay, shall provide for the defense of an insured in litigation in which any third party asserts a claim adverse to the title or interest as insured, but only as to those stated causes of action alleging a defect, lien or encumbrance or other matter insured against by this policy, The Company shall have the right to select counsel of its choice (subject to the right of the insured to object for reasonable cause) to represent the insured as to those stated causes of action and shall not be liable for and will not pay the fees of any other counsel. The Company will not pay any fees, costs or expenses incurred by the insured in the defense of those causes of action which allege matters not insured against by this policy. (b) The Company shall have the right, at its own cost, to institute and prosecute any action or proceeding orto do I (continued on inside back cover) ~ l' Owner's Policy Schedule A (Florida) I I OWNER TITLE INSURANCE POLICY SCHEDULE A Amount of Insurance: $ 24,900.00 Policy No. 0268-741393 Issued Pursuant to Commitment No. File No. 95-5860 9510-151 Effective Date and Time of Policy 1214/95 at 5:04 p.m. ~~ 1. Name of Insured: CITY OF CLEARWATER, A FLORIDA MUNICIPALITY 2. The estate or interest in the land described herein and which is covered by this policy is an estate or interest designated as follows: FEE SU1PLE 3. The estate or interest referred to herein is at the effective date of policy vested in the insured. 4. The land described herein is encumbered by the following mortgage and assignments, if any: NONE 5. The land referred to in this policy is described as follows: PARCEL I; East 75 feet of the West 461.05 feet of the North 110 feet of the South 1/2 of the SE 1/4 of NW 1/4 of the NW 1/4 of Section 16, Township 29 South, Range 16 East, Pinellas County, Florida. PARCEL II: East 60 feet of the West 521.05 feet of the North 110 feet of the South 1/2 of the SE 1/4 of the NW 1/4 of the mJ 1/4 of Section 16, Township 29 South, Range 16 East, Pinellas County, Florida. LESS that part described :inO.R. 6556, Page 2315, Public Records of Pinellas County, Florida. This policy is not valid unless Schedule B is attached hereto. jc fiij 635 NM6 ~ Owner's Policy Schedule B Florida I I OWNER TITLE INSURANCE POLICY SCHEDULE B Policy No. 0 268-741393 FileNo. 95-5860 9510-151 EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage (and the Company will not pay costs, attorney's fees or expenses) which arise by reason of: 1. Rights or claims of parties in possession not shown by the public records. 2. Encroachments, overlaps, boundary line disputes, and any other matters which would be disclosed by an accurate survey and inspection of the premises. 3. Easements or claims of easements not shown by the public records. 4. Any lien, or right to a lien, for services, labor, or material heretofore or hereafter furnished, imposed by law and not shown by the public records. 5. Any adverse claim to any portion of said land which has been created by artificial means or has accreted to any such portion so created and riparian rights, if any. 6. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public record. Proceedings by a public agency which may result in taxes or assessments, or notice of such proceedings, whether or not shown by the records of such agency or the public record. 7. Easements and restrictions as contained in .R. 491, Page 330 and O.R. 904, Page 384, Public Records of Pinellas County, Florida. 8. Taxes and assessments for 1996 and subsequent years. NOTE: ITEMS 1, 3, 4, 5 and 6 ARE HEREBY DELETED. 636 .-- -~ - -- ~,,'---... any other act which in its opinion may be necessary or desirable to establish the title to the estate or interest, as ~nsured, or to prevent or reduce loss or damage to the insured, The Company may take any appropriate action under the terms of this policy, whether or not it shall be liable hereunder, and shall not thereby concede liability or waive any provision of this policy. If the Company shall exercise its rights under this paragraph, it shall do so diligently, (c) Whenever the Company shall have brought an action or interposed a defense as required or permitted by the provisions of this policy, the Company may pursue any litigation to final determination by a court of competent jurisdiction and expressly reserves the right, in its sole discretion, to appeal from any adverse judgment or order. (d) 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 shall secure to the Company the right to so prosecute or provide defense in the action or proceeding, and all appeals therein, and permit the Company to use, at its option, the name of the insured for this purpose, Whenever requested by the Company, the insured, at the Company's expense, shall give the Company all reasonable aid (i) in any action or proceeding, securing evidence, obtaining witnesses, pros- ecuting or defending the action or proceeding, or effecting settlement, and (ii) in any other lawful act which in the opinion of the Company may be necessary or desirable to establish the title to the estate or interest as insured, If the Company is prejudiced by the failure of the insured to furnish the required cooperation, the Company's obliga- tions to the insured under the policy shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation, with regard to the matter or matters requiring such cooperation, 5. PROOF OF LOSS OR DAMAGE. In addition to and after the notices required under Section 3 of these Conditions and Stipulations have been provided the Company, a proof of loss or damage signed and sworn to by the insured claimant shall be furnished to the Company within 90 days after the insured claimant shall ascertain the facts giving rise to the loss or damage, The proof of loss or damage shall describe the defect in, or lien or encumbrance on the title, or other matter insured against by this policy which constitutes the basis of loss or damage,and shall state, to the extent possible, the basis of calculating the amount of the loss or damage. If the Company is prejudiced by the failure of the insured claim- ant to provide the required proof of loss or damage. the Company's obligations to the insured under the policy shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation, with regard to the matter or matters requiring such proof of loss or damage, In addition, the insured claimant may reasonably be required to submit to examination under oath by any authorized representative of the Company and shall pro- duce for examination, inspection and copying, at such reasonable times and places as may be designated by any authorized representative of the Company, all records, books, ledgers, checks, correspondence and memoranda, whether bearing a date before or after Date of Policy, which reasonably pertain to the loss or damage, Further, if requested by any authorized representative of the Com- pany, the insured claimant shall grant its permission, in writing, for any authorized representative of the Company to examine, inspect and copy all records, books, ledgers, checks, correspondence and memoranda in the custody or control of a third party, which reasonably pertain to the loss or damage, All information designated as confidential by the insured claimant provided to the Company pursu- ant to this Section shall not be disclosed to others unless, In the reasonable judgment of the Company, it is neces- sary in the administration of the claim, Failure of the insured claimant to submit for examination under oath, produce other reasonable requested information or grant permission to secure reasonably necessary information from third parties as required in this paragraph shall terminate any liability of the Company under this policy as to that claim, 2635 I -. CONDITIONS AND STIPULATIONS (continued from inside front cover) 6. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS; TERMINATION OF LIABILITY. In case of a claim under this policy, -IRe Company shall have the following additional options: (a) To Payor Tender Payment of the Amount of Insurance. (i) To payor tender payment of the amount of insurance under this policy together with any costs, attor- neys' fees and expenses incurred by the insured claimant, which were authorized by the Company, up to the time of payment or tender of payment and which the Company is obligated to pay, (ii) Upon the exercise by the Company of this option, all liability and obligations to the insured under this policy, other than to make the payment required, shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation, and the policy shall be surrendered to the Company for cancellation, (b) To Payor Otherwise Settle With Parties Other than the Insured or With the Insured Claimant. (i) to payor otherwise settle with other parties for or in the name of an insured claimant any claim insured against under this policy, together with any costs, attor- neys' fees and expenses incurred by the insured claimant' which were authorized by the Company up to the time of payment and which the Company is obligated to pay; or (ii) to payor otherwise settle with the insured claimant the loss or damage provided for under this policy, together with any costs, attorneys' fees and expenses incurred by the insured claimant which were authorized by the Company up.to the time of payment and which the Company is obligated to pay, Upon the exercise by the Company of either of the options provided for in paragraphs (b)(i) or (ii), the Company's obligations to the insured under this policy for the claimed loss or damage, other than the payments required to be made, shall terminate, including any liability or obligation to defend, prosecute or continue any litigation, 7. DETERMINATION, EXTENT OF LIABILITY AND COINSURANCE. This policy is a contract of indemnity against actual monetary loss or damage sustained or incurred by the insured claimant who has suffered loss or damage by reason of matters insured against by this policy and only to the extent herein described, (a) The liability of the Company under this policy shall not exceed the least of: (i) the Amount of Insurance stated in Schedule A; or (ii) the difference between the value of the in- sured estate or interest as insured and the value of the insured estate or interest subject to the defect, lien or encumbrance insured against by this policy. (b) The Company will pay only those costs, attor- neys' fees and expenses incurred in accordance with Section 4 of these Conditions and Stipulations, 8. APPORTIONMENT. If the land described in Schedule A consists of two or more parcels which are not used as a single site, and a loss is established affecting one or more of the parcels but not all, the loss shall be computed and settled on a pro rata basis as if the amount of insurance under this policy was divided pro rata as to the value on Date of Policy of each separate parcel to the whole, exclusive of any improve- ments made subsequent to Date of Policy, unless a liability or value has otherwise been agreed upon as to each parcel by the Company and the insured at the time of the issuance of this policy and shown by an express statement or by an endorsement attached to this policy, 9. LIMITATION OFLIABILlTY. (a) If the Company establish~s the title, or removes the alleged defect, lien or encumbrance, or cures the lack of a right of access to or from the land, or cures the claim of unmarketability of title, all as insured, in a reasonably diligent manner by any method, including litigation and the completion of any appeals therefrom, it shall have fully ~- I performed its obligations with respect to that matter and shall not be liable for any loss or damage caused thereby, (b) In the event of any litigation, including litigation by the Company or with the Company's consent, the Com- pany shall have no liability for loss or damage 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, (c) The Company shall not be liable for loss or dam- age to any insured for liability voluntarily assumed by the insured in settling any claim or suit without the prior written consent of the Company, 10. REDUCTION OF INSURANCE; REDUCTION OR TERMINATION OF LIABILITY. All payments under this policy, except payments made for costs, attorneys' fees and expenses, shall re- duce the amount of the insurance pro tanto, 11. LIABILITY NONCUMULATIVE. It is expressly understood that the amount of insur- ance under this policy shall be reduced by any amount the Company may pay under any policy insuring a mortgage to which exception is taken in Schedule 8 or to which the insured has agreed, assumed, or taken subject, or which is hereafter executed by an insured and which is a charge or lien on the estate or interest described or referred to in Schedule A, and the amount so paid shall be deemed a payment under this policy to the insured owner, 12. PAYMENT OF LOSS. (a) No payment shall be made without producing this policy for endorsement of the payment unless the policy has been lost or destroyed, in which case proof of loss or destruction shall be furnished to the satisfaction of the Company, (b) When liability and the extent of loss or damage has been definitely fixed in accordance with these Condi- tions and Stipulations, the loss or damage shall be pay- able within 30 days thereafter, 13. SUBROGATION UPON PAYMENT OR SETTLEMENT. (a) The Company's Right of Subrogation. Whenever the Company shall have settled and paid a claim under this policy, all right of subrogation shall vest in the Company unaffected by any act of the insured claimant. The Company shall be subrogated to and be entitled to all rights and remedies which the insured claimant would have had against any person or property in respect to the claim had this policy not been issued, If requested by the Company, the insured claimant shall transfer to the Company all rights and remedies against any person or property necessary in order to perfect this right of subroga- tion, The insured claimant shall permit the Company to sue, compromise or settle in the name of the insured claimant and to use the name of the insured claimant in any transaction or litigation involving these rights or remedies. If a payment on account of a claim does not fully cover the loss of the insured claimant, the Company shall be subrogated to these rights and remedies in the proportion which the Company's payment bears to the whole amount of the loss, If loss should result from any act of the insured claimant, as stated above, that act shall not void this policy, but the Company, in that event, shall be required to pay only that part of any losses insured against by this policy which shall exceed the amount, if any, lost to the Company by reason of the impairment by the insured claimant of the Company's right of subrogation, (b) The Company's Rights Against Non-insured Obligors. The Company's right of subrogation against non- insured obligors shall exist and shall include, without limitation, the rights of the insured to indemnities, guaran- ties, other policies of insurance or bonds, notwithstanding any terms or conditions contained in those instruments (continued on back) .: '- I CONDITIONS AND STIPULATIONS (continued from inside back cover) which provide for subrogation rights by reason of this policy. The law of the situs of the land shall apply to an arbitration under the Title Insurance Arbitration Rules, A copy of the Rules may be obtained from the Com- pany upon request. 14. ARBITRATION. Unless prohibited by applicable law, arbitration pur- suantto the Title Insurance Arbitration Rules of the Ameri- can Arbitration Association may be demanded if agreed to by both the Company and the insured, Arbitrable matters may include, but are not limited to, any controversy or claim between the Company and the insured arising out of or relating to this policy, any service of the Company in connection with its issuance or the breach of a policy provision or other obligation, Arbitration pursuant to this policy and under the Rules in effect on the date the demand for arbitration is made or, at the option of the insured, the Rules in effect at Date of Policy shall be binding upon the parties., The award may include attor- neys' fees only if the laws of the state in which the land is located permit a court to award attorneys' fees to a prevail- ing party, Judgment upon the award rendered by the Arbitrator(s) may be entered in any court having jurisdic- tion thereof, 15. LIABILITY LIMITED TO THIS POLICY; POLICY ENTIRE CONTRACT. (a) This policy together with all endorsements, if any, attached hereto by the Company is the entire policy and contract between the insured and the Company, In inter- preting any provision of this policy, this policy shall be construed as a whole. (b) Any claim of loss or damage, whether or not based on negligence, and which arises out of the status of the title to the estate or interest covered hereby or by any action asserting such claim, shall be restricted to this policy. (c) No amendment of or endorsement to this policy can be made except by a writing endorsed hereon or attached hereto signed by either the President, a Vice President, the Secretary, an Assistant Secretary, or vali- Policy of Title Insurance Issued By ---'~ ..........-::, '"':JI!I'!"'" -...."...... -,,,,,-" ~~ I dating officer or authorized signatory of the Company. 16. SEVERABILITY. In the event any provision of the policy is held invalid or unenforceable under applicable law, the policy shall b~ deemed not to include that provision and all other provi- sions shall remain in full force and effect. 17. NOTICES, WHERE SENT. All notices required to be given the Company and any statement in writing required to be furnished the Company shall include the number of this policy and shall be ad- dressed to the Company at its Corporate Headquarters, 6800 College Blvd" Suite 700, Overland Park, KS 66211, In the event there are any questions concerning the coverage continued herein or should the insured desire to communicate a complaint to the Company, please contact the Regional Office of the Company by calling 1 (800) 637-0487, Nations Title Insurance of New York Inc. 6800 College Blvd. / Suite 700/ Overland Park, Kansas 66211 913-491-5585 2635 CERTIFIED TO A'OLUTE TITLE SERVICES INC. J CITY OF CLEARWATER w.o. 5753 BASIS OF BEARINGS : SOUTH LINE OF CLEVELAND ST. , being N 89027'56" W , ( Assumed) 'S; "'-1-t.e-:. 1. '/; .Jp' t ~ ~ "'I C /;~c",- .N 49:" "Z--~, r~. W' - _QI ~> I' '~~v (!..L''V,,'" '-, ~N~,t_r."_ '.";,,,c... 1(~S!-r41?t:-r oS '<-"~. ',..', t,()'t4N'1f-941")' ~4 L." <d'C'/~ I" ., ""I o' , <I'~ "'WI ':;. , (J~' I\'~ 7 ;:" ,,~ ~ 't\.~ ,~. '1 l.~. ." ~ ~ ~Dr' I , ~Q .. ~oJ\~ ~I' ) 'It-I ! IlJ l~ Ii) , t-- WI I#~ I 1 ~ T"" .. F :i.."tI. ;). , ~I ~ 10'. " ~ .... "- cil ~ I.. <::l \ -It -f," "J1:lr ,\ 1\ I"'" j. .. . . I:I:~ : "- . 'h ' . Q '.'J.I ~ ~\ ,:, C;) ~ ';'.1\ 6 I , .<;:\:, " . ~: ~\ ~r c:t! <:) ~ PI" )./" .. Z 7 . >~.. C' ",,' w.,,, l> f=L= '" (.'~ ~," ~ C.I-t. l~ ''f7L- /.3 t:: t::Jo' ~ k: ~I I t... ! , "~, I I ! r f PI'9;eceL ~ P/!~ c.. EL ..1I 7~D' "\'~ , ~ ~~ . . ~o' !.~ ','" elf!,r L.,'",'...2.. (,~,,'. ()~' ~ ,,~. ell"',., ,",w,'!v III" -."I{.oF S ~ I". r_". ~~; 1Z4:;,. 1(,. E. "nOUNDARY SURVEY" A SURVEY OF THE FOLLOWING DESCRIBED PARCELS PARC~L I: East 75 feet of the West 461.05 friet of the North 110 feet of the South 1/2 of the SE 1/4 of NW 1/4 of the NW 1/4 of Section 16, Township.29 South, Range 16 East. Pirlellas County, Florida. PARCEL II: East 60 feet of the \~est 521.05 feet of. the North 110 feet of the South 1/2 of the SE 1/4 of the NW 1/4 of tl'e NW 1/4 of Section 16, Township 29 South, Range 16 ~~st, Plnellas County, Florida. LESS that part described in D.R. ~556, Page 2315, Public Records of Pincllas Gounty,Florida. "BOUNDARY SURVEY" LEGEND: ...I.R....OUND IRON AClOI...C.I.R....ClU'C) ~ IRON ROO: I.C.loR.. leT CN'PI!D IRON ROO: ...I."....OU'O IRON "If"!:: ...COI..... ..cue CAPPID IRO\I Pfta '.N.D.. ..cue ..... a DIIKI I.N.D.. lIT HAL . DIIICI ,.CoH.. "CUIC) CClNCNETI! I1ONU1ENT: '.R-H.. ~NT flfI'!AI!NCI! ~ '.CJO..1'I!JlfoWeNr CClNTACl&.. ftOINTl ,....1'OINf t11INT!RlleC1'lCN; R , W . RIGHT (:# WAY; ELEY.tELEVATIONl C.I.S,. ILOCK '~LCQ\C.<ClNCAETaI AIPH.. ASPHAL.Tr ~.. "AVEHENT: COY.<O\IIRI!D; D,. DEI!D.i SIC.. secTION; TW.. TOWNSHIP'; "':.. RANG!I .... "-ATI M.. ~_Ulift" . 1!AS!HfNT: R.. RADI~ A.. ARCI ~.. CHCAOa c.... CHOAD .....INOI .n.. 'TORYI~. .OWNu<< r-.cr ..... .WOCOI'!NCf: I. WII...I.W'l C. WTINO, ,..'~ IN iii~ ~'CMT'" THAT THlIUMY NIl J' ..,.~. i.a'.~' THI .......... ~ IIT__ _T ~ .., .,.. "-ClIlIlQA ~ 01' &.MID ~~ ~ ft ..en. ..7...., 01' "* ~ WA""'---"__o IN . ' l77A COYERfr. ~ ARE~' ELlYATICN STA~I THIS II TO~ TH4T"''''''VII ceTA..... """'ATICINS 1I4CliMl!.....,. ~ ~ DUO" UHJ. TMII. a...vATIUHS SHOWN HPeCN..... -.....0 ON THI HATIClNiIlL WImCIol. DATUM, "n. ~ ~.v. T....;(Njl:O'C:~AING DerT., COUolTY.~L:ClRlOA. ' CHlECKliD IIY: . p.\ItI. SC~I l' " ,:I f . ~t1 1528 COl11l.N'TY No. /ZriJ 1<. -."v, po...... ..... ()/J. (! o.a.n. //-/S"Zpr DRAWN BY: 462& u _ ,') ~; I A. SETTLEMENT STATEMENT U.S. Department of Housing and Urban Development I ~ ,r B. Tvoe of Loan 1- - FHA 2. - FmHA 3. - Cony. Unlns. 6. File Number 7. Loan Number 8, Mortgage Insurance Case No.# 4. - VA 5. - Cony. Ins. 9510-151 C. NOTE: This form is furnished to give you a statement of actual seltlement 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 information purposes and are not included in the totals. D. Name and Address of Borrower E. Name and Address of Seller F. Name and Address of Lender CITY OF CLEARWATER JOHN" J. CHIAFDID , JR. P.O. BOX 4748 549 SILVER CANYON WAY CLEARWATER, FL. 34618-4748 BREA, CA. 92621 G. Property Location H. Seltlement Agent (VACANT wr) CLEVELAND S'IREEI' ABSOLUTE TITLE SERVICES INC. CLEARWATER, FL. Place of Seltlement I. Seltlement Date 3458 TAMPA ROAD 11/30/95 PAIM HARBOR. FL. 34684 J, SUMMARY OF BORROWER'S TRANSACTION: K. SUMMARY OF SELLER'S TRANSACTION: 100. Gross Amount Due From Borrower 400. Gross Amount Due To Seller 101. Contract sales Drice 24 900.00 401. Contract sales Drice 24 900.00 102. Personal DroDerty 402. Personal oroDerty 103. Seltlement charoes to borrower (line 1400\ 10.50 403. 104. 404. 105. 405. Adiustments for items oaid bv seller in advance Adiustments for items Daid bv seller in advance 106. City/town taxes to 406. City/town taxes to 107. County taxes to 407. County taxes to 108. Assessments to 408. Assessments to 109. 409. 110. 410. 111. 411. 112. 412. 120. GROSS AMOUNT DUE FROM BORROWER 24 910.50 420. GROSS AMOUNT DUE TO SELLER 24,900.00 200. Amounts Paid Bvor In Behalf of Borrower 500. Reductions In Amount Due To Seller 201. DeDosit or earnest money 501. Excess Deoosit (see instructions) 202. Princioal amount of new loanls) 502. Settlement charaes to seller (line 1400) 2.754.30 203. Existino loan(s) taken subiect to 503. Existino loan(s) taken subiect to 204. 504. Payoff of first mortaaae loan 205. 505. Payoff of second mortaaae loan 206. 506. 207. 507. 208. 508. 209. 509. Adiustments for items unoaid bv seller Adiustments for items unoaid bv seller 210. City/town taxes to 510. City/town taxes to 211. Countv taxes to 511. County taxes to 212. Assessments to 512. Assessments to 213. 513. 95 RE TAXES/PARCEL I 269.88 214. 514. 95 RE TAXES/PARCEL II 214.08 215. 515. PAYOFF OF LIENS (2) 434.20 216. 516. 217. 517. 218. 518. 219. 519. 220. TOTAL PAID BY/FOR BORROWER 520. TOTAL REDUCTION AMOUNT DUE SELLER 3 672.46 300. Cash At Settlement From or To Borrower 600. Cash At Settlement To or From Seller 301. Gross amount due from borrower Iline 120\ 24 910.50 601. Gross amount due to seller Iline 420) 24 900.00 302. Less amounts oaid by/for borrower (line 220) 602. Less reduction amount due seller lline 520\ 3 672.46 303. CASH FRCM BORROWER 24.910.50 603. CASH 'ID SELLER 21, 227 . 54 OMB No. 2502-0265 I HAVE CAREFULLY REVIEWED THE HUD-1 SETTLEMENT STATEMENT AND TO THE BEST OF MY KNOWLEDGE AND BELIEF, IT IS A TRUE AND ACCURATE STATEMENT OF ALL RECEIPTS AN DISBURSEMENTS MADE ON MY ACCOUNT OR BY ME IN THIS TRANSACTION. i FURTHER CERTIFY THAT i HAVE RECEIVED A COPY OF THE HUD-1 SETTLEMENT L:~ATEME . ''l'c JOHN J. CHIAFOLO, JR. SeUer Buyer/Borrower SeUer RESPA, HB 4305.2 -- REV. HUD-l (3/86) _._ cO) I u.s. DEPARTMEJ OF HOUSING AND URBAN DEVELOPMENT SETTLEMENT STATEMENT PAGE 2 ~ L. SETTLEMENT CHARGES: FILE NO.#: 9510-151 PAID FROM PAID FROM 700. TOTAL SALES/BROKER'S COMMISSION based on price $ 24 900. oC@ 8.00= 1 992.00 BORROWER'S SELLER'S Division of commission (line 700) as follows: FUNDS AT FUNDS AT 701. $ 1 992.00 to PRUDENTIAL BRELIANT REALTY SETTLEMENT SETTLEMENT 702. $ to 703. Commission paid at Settlement 1. 992 . 00 704. 800. ITEMS PAYABLE IN CONNECTION WITH LOAN P.O.C. Items 801. Loan Origination Fee % 802. Loan Discount % 803. Appraisal Fee to , 804. Credit Report to 805. Lender's Inspection Fee to 806. Mtg. Ins. Application Fee to 807. Assumption Fee to 808. 809. 810. 811. 900. ITEMS REQUIRED BY LENDER TO BE PAID IN ADVANCE 901. Interest from to @$ /day 902. Mortgage Insurance Premium for to 903. Hazard Insurance Premium for yrs to 904. 905. 1000. RESERVES DEPOSITED WITH LENDER FOR 1001. Hazard Insurance mO.@$ /mo. 1002. Mortgage Insurance mO.@$ /mo. 1003. City Property Taxes mO.@$ /mo. 1004. County Property Taxes mO.@$ /mo. 1005. Annual Assessments mO.@$ /mo. 1006. mo.@$ /mo. 1007. mO.@$ /mo. 1008. mO.@$ /mo. 1100. TITLE CHARGES 1101. Settlement or closing fee to ABSOLUTE TITLE SERVICES 100.00 1102. Abstract or title search to TAMPA BAY TITLE SERVICES 75.00 1103. Title examination to ABSOLUTE TITLE SERVICES 50.00 1104. Title insurance binder to 1105. Document Preparation to 1106. Notary Fees to 1107. Attorney's fees to (includes above items No: ) 1108. Title Insurance to NATIONS TITLE/NEW YORK 295.00 (includes above items No: ) 1109. Lender's coverage $ ---- 1110. Owner's coverage $ 24 900.00 ---- 295.00 1111. ASSESSMENT SEARG1 ABSOLUIE TITLE SERVICES 15.00 1112. 1113. 1200. GOVERNMENT RECORDING AND TRANSFER CHARGES 1201. Recording Fees: . Deed $ 10 . 50 ; Mortgage $ ; Releases $ 12.00 10.50 12.00 1202. City/county tax/stamps: Deed $ ; Mortgage $ 1203. State Tax/stamps: Deed $ 174.30; Mortgage $ 174.30 1204. 1205. RECORD DEATH CERTIFICATE 6.00 1300. ADDITIONAL SETTLEMENT CHARGES 1301. Survey to AlLIED SURVEYING 250.00 1302. Pest Inspection to 1303. OVERNITE DELIVERY /3 UNITED PARCEL SERVICE 35.00 1304. 1305. 1400. TOTAL SETTLEMENT CHARGES (enter on lines 103 and 502, Sections J and K) 10.50 2 754.30 The HUD-1 Selllement Statement which I have prepared is a true and accurate account of this transaction, W72~:~n~~.R ~ SettiementAgent ate WARNING: It is a crime to knowingly make false statements to the United States on this or any other similar form, Penaities upon conviction can include a fine or Imprisonment. For details see: Title 18 U.S. Code Section 1001 and Section 1010. RESPA, HB 4305.2 .- REV. HUD-1 (3/86) '.11 -22-1995 0: 49AH FROH I I P.2 A. SETTLEMENT STATEMENT U.s. Department Of Housing and Urban Development '" ,r B. Tvoe Of Loan I._FHA 2. - FmHA 3. - Oonv. Unlna, 8. File Numbor 7, Loan Numbe/ S. MClIIoao. Ins.rane. C~n No.# 4. - VA S. - Cony. Ins, 9510-151 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 $hown here for information purposes and are not included in the totals, O. Name and Address 01 Borrower E. Name and Address of Seller F. Name and Address of Lender CITY OF' CLEARWATER JOHN J. 0fDU'0l0 I JR. P.O. OOX 4748 549 SILVER ~ WAY - ClEAAWi\'!'ERi-FL-~ --346-18-4'748 -BP.EA, CA. . 92621 . - 1--- ,-- , - - - G. Propeny Location H. Settlement AQent (Vl;.CANT ' LOr) CLEVEIAND STREEl' ABOOilJI'E TITLE SERVICES me. crEARWA'I'ER, FL. Place of Settlement 1. Settlement DatCl 3458 'I7\MPA ROAD 11/30/95 , PAIM lmRBOR FL. 34684 J. SUMMARY OF BORROWER'S TRANSACTION: K. SUMMARY OF SELLER'S TRANSACTION~ 100. Gross Amount Due From 8orrower 400. OrO$$ Amount Due To Seller 101, Contract sales Driee 24 900.00 401, Contract sales DrIce 24 900.00 102. Personal nrOl"lel'tv 402. P~onal OrDDAr1V 103. SBtllClment chames to borrower (line 1400\ J.0.50 400. 104. 404. 10S. 400. Adiustments for items nald bv seller In advance Ad nl8 for Items rlald bv seller in advance 106. Cltv/tQwn tal<eS to 4nArlltv/town taxes to 107. Countv taxes to 407. Countv taxes to 108. Assessments to 408. As$fissml!ll1ts to 109. 409. 110. 410. 111. 411. 112. 412. 120, GROSS AMOUNT Due FROM BORROWER 24.910.50 420. GROSS AMOUNT Due TO SELLER 24.900.00 200. Amounts Paid Bvor In Behalf of Borrower 500. Reductions In Amount Due To Seller 201. Oeoosit or earnest money 501. exoess DlimDslt (see InstructlonSI roll ",mount 01 new loent!!' 502. Settlllmant ehllraoe to ~eller (line 140m 2.754.30 203. Exlstino 10an/sl taken subiect to 503. ExIstlna fcanlsl taken Bubl90t to 204. 504. Flauoff of first mortna"Et loan 205, 506. Pavoff 01 second mortoaoe loan 206. 508. 207: S07. 208- AAA. 209. !';(lQ , Adjustments for items unnaid bv seller Adiustments for items unDaidbv seller 210. Chv/town texes tD 510. Cilv/town taxes to 211. County taxes to 511. Counlv taxes to 212, Assessments to 512, Assessments to 213. 513, .95 RE ~/PARCEL I 269.88 214, 514. 95 RE TAX&g/PARCEL II 214.08 215. 515. PAYOFF OF LIENS (2) 434.20 216 516. 217 517. 218. 518. ,219, 51St 220. TOTAL PAID eVfFOR BORROWER '20. TOTAL REDUCTION AMOUNi DUE; RFI LER 3.672.46 300. Cash At Settlement From or To Borrower 600. Cish At Settlement TD or From Seller 301. Gross amount due from borrower INne 1201 24.910.50 601. Gross amount due to seller (line ~l 24 900.00 302. less amOunts naid bvllor bO(l'ower (line 220\ 602, Less reduotion emolJnt dUl9 seller (line 520\ 3 672,46 303. CASH FRCtv1 BORROWER 24.910.50 Am. CASH m SELLER 21 227.54 OMB No 2502-0265 I HAVE CARe:FUllY AeVIEWED THE HUD-, SlITT\,iMENT STA'lEMENT AND TO THEi 8EST OF MY KNOWLEDGE AND lIillEF, IT IS A tRue AND A.OCUFlATe STAlEMENT OF A~l Fll!CEIPTa ANO OISBURSEMENTS MADe ON MY ACCOUNT OR BY ME IN TMfS TRANSACTION 'FURTHER ceRTIFY THAT I HAVE Flf!CEIVl;t> A 001"'1' Of' 'THe HUD-l SETT~I5MeNT .,."",... . a& to'19 OF t;LI:AI'lWAJ~ . tluyor/DQrrOWer JUN",. OLJ.JR. ~ ~~, lieU., 8'Jyll/BOrrower Sllle' "' I t CONTRACT FOR PURCHASE OF REAL PROPERTY BY THE CITY OF CLEARWATER, FLORIDA PARTIES: JOHN J. CHIAFOLO, JR., a married man (herein "Seller"), of 549 Silver Canyon Way, Brea, California 92621, Phone: (714) 257-0327, and the CITY OF CLEARWATER, FLORIDA, a Municipal Corporation of the State of Florida (herein "Buyer" or "City") of P. o. Box 4748, Clearwater, Florida 34618-4748, ATTENTION: Earl Barrett, Real Estate Services Manager, Phone: (813) 462-6042 (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: A portion of the S ~ of the SE ~ of the NW ~ of the NW ~ of Section 16, Township 29 South, Range 16 East, Pinellas County, Florida, as more particularly described in EXHIBIT "A" attached hereto and made a part hereof. PERSONALTY: NONE 2. FULL PURCHASE PRICE ............................................. $ 24,900.00 3. MANNER OF PAYMENT: City of Clearwater check in u.s. funds at time of closing................................... $ 24,900.00 4. DETERMINATION OF PURCHASE PRICE The Full Purchase Price as shown herein has been reached through negotiations with the Seller by [ ] City staff [X] Broker acting as Agent of the [ ] City [X] Seller. 5. TIME FOR ACCEPTANCE: APPROVALS 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 for the City of Clearwater for acceptance and approval, or rejection by action of the Clearwater City Commission. If this agreement is accepted and approved by the Clearwater City Commission, it will be executed by duly authorized City officials and delivered to Buyer within 10 days thereafter. If written notice of acceptance is not timely delivered to Seller, at Seller option and upon written notice to Buyer, this contract shall thereafter be null and void in all respects. If this contract is rejected by the Clearwater City Commission upon initial presentation, this contract shall be null and void in all respects and Buyer shall be so informed in writing within 5 days of such action. 6. TITLE Seller warrants legal capacity to and shall convey marketable title to the Property by Statutory Warranty, Trustee's, Personal Representative's or Guardian's Deed, as appropriate to the status of Seller, subject only to matters contained in Paragraph 7 acceptable to 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; 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 as a retention pond. Seller warrants and ~epresents that there is ingress and egress to the Real Property sufficient for the intended use as described herein. 7. TITLE EVIDENCE Seller shall, at Seller expense and within 15 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 subject only to liens, encumbrances, exceptions or qualifications set forth in this Contract. Marketable title shall be determined according to applicable Title Standards adopted by The Florida Bar and in accordance with law. 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. Page 1 of 5 I I 8. 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. The survey shall be performed to minimum technical standards of Chapter 61G17-6, Florida Administrative Code and may include a description of the property under the Florida Coordinate System as defined in Chapter 117, Florida Statutes. 9. WOOD DESTROYING ORGANISM INSPECTION "Wood destrovinq orqanism" means arthropod or plant life which may damaqe the wood in a structure, as defined in F.S. 482.021(26). If improved real property, 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, in which event the Buyer shall receive a credit at closing equal to 3% of the purchase price, 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. 10. CLOSING PLACE AND DATE [Xl Seller [ 1 Buyer shall designate closing agent and this transaction shall be closed in the offices of the designated closing agent in Pinellas County, Florida, on or before 45 days following the Effective Date, unless extended by other provisions of this contract. If either party is unable to comply with any provision of this contract within the time allowed, and be prepared to close as set forth above, after making all reasonable and diligent efforts to comply, then upon giving written notice to the other party, time of closing may be extended up to 30 days without effect upon any other term, covenant or condition contained in this contract. 11. CLOSING DOCUMENTS Seller shall furnish deed, bill of sale (if applicable), mechanic's lien affidavit, assignments of leases, tenant and mortgage estoppel letters, and corrective instruments. If Seller is a corporation, Seller shall deliver a resolution of its Board of Directors authorizing the sale and delivery of the deed and certification by the corporate Secretary certifying the resolution and setting forth facts showing the conveyance conforms with the requirements of local law. Buyer shall furnish closing statement. 12. CLOSING EXPENSES Documentary stamps on the deed, unless this transaction is exempt under Chapter 201.24, Florida Statutes, shall be paid by the Seller. Seller shall also pay the costs of recording any corrective instruments. Recordation of the deed shall be paid by Buyer. 13. PRORATIONS: CREDITS Taxes, assessments, rent (if any) and other revenue of the Property shall be prorated through the day before closing. Closing agent shall collect all ad valorem taxes uncollected but due through day prior to closing and deliver same to the Pinellas County Tax Collector with notification to thereafter exempt the Property from taxation as provided in Chapter 196.012(6), Florida Statutes. If the amount of taxes and assessments for the current year cannot be ascertained, rates for the previous year shall be used with due allowance being made for improvements and exemptions. 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. 14. OCCUPANCY Seller warrants that there are no parties in occupancy other than the Seller, or as otherwise disclosed herein. If Property is intended to be rented or occupied beyond closing, the fact and terms thereof shall be stated herein, and the tenant(s) or occupants disclosed pursuant to Paragraph 15. Seller agrees to deliver occupancy of the Property at time of closing unless otherwise stated herein. If occupancy is to be delivered before closing, Buyer assumes all risk of loss to Property from date of occupancy, shall be responsible and liable for maintenance from that date, and shall be deemed to have accepted Property in its existing conditions as of the time of taking occupancy unless otherwise stated herein or in separate writing. Page 2 of 5 '" I I 15. LEASES Seller shall, not less than 15 days before closing, furnish to Buyer copies of all written leases and estoppel letters from each tenant specifying the nature and duration of the tenant's occupancy, rental rates, advanced rent and security deposits paid by tenant. If Seller is unable to obtain such letter from each tenant, the same information shall be furnished by Seller to Buyer within that time period in the form of a Seller's affidavit, and Buyer may thereafter contact tenants to confirm such information. Seller shall, at closing, deliver and assign all original leases to Buyer and credit Buyer with all advanced rents and security deposits paid by or on behalf of each tenant. 16. 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 dis.closed herein in Paragraph 22 ("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. [ ) As Is: Buyer has inspected the Property or waives any right to inspect and accepts the Property in its present "as is" condition. b. [X) As Is With Right of Inspection: Buyer may, at Buyer expense and within 30 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 or otherwise remedy such conditions to Buyer satisfaction; or Buyer, at its option, may elect to accept a credit at closing of the total estimated repair costs as determined by a licensed general contractor of Buyer's selection and expense. 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. 17. 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 9 and 16 and to insure that all Property is in and on the premises. No new issues may be raised as a result of the walk- through. 18. SELLER HELD HARMLESS Buyer is self insured, and subject to the limits and restrictions of the Florida Sovereign immunity statute, F.S. 758.28, agrees to indemnify and hold harmless the Seller from claims of injury to persons or property during the inspections and investigations described in Paragraph 16(b) resulting from Buyer's own negligence only, or that of its employees or agents only, subject to the limits and restrictions of the sovereign immunity statute. 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 Seller fails to timely cure the defect, all funds paid by or on behalf of the Buyer shall, upon written demand made Page 3 of 5 I I 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 this transaction is not closed due to any default or failure on the part of the Seller, other than to make the title marketable after diligent effort, Buyer may seek specific performance or unilaterly cancel this agreement upon giving written notice to Seller. If this transaction is not closed due to any default or failure on the part of the Buyer, Seller may seek specific performance. If a Broker is owed a brokerage fee regarding this transaction, the defaulting party shall be liable for such fee. 22. SELLER 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: (Specify known defects. If none are known, wr i te "NONE") f-JO.,.) b Buyer shall have the number of days granted in Paragraph 14(b) above ("Inspection Period") to investigate said matters as disclosed by the Seller, and shall notify Seller in writing whether Buyer will close on this contract notwithstanding said matters, or whether Buyer shall elect to cancel this contract. If Buyer fails to so notify Seller within said time period, Buyer shall be deemed to have waived any objection to the disclosed matters and shall have the obligation to close on the contract. 23. RADON GAS NOTIFICATION In accordance with provisions of Section 404.056(8), Florida Statutes (1989), as amended, Buyer is hereby informed as follows: RADON GAS: Radon is a naturally occurring radioactive gas that, when it has accumulated in a building in sufficient quantities, may present health risks to persons who are exposed to it over time. Levels of radon that exceed federal and state guidelines have been found in buildings in Florida. Additional information regarding radon and radon testing may be obtained from your county public health unit. 24. 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. 25. 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. 26. ASSIGNABILITY: PERSONS BOUND This contract "Broker" (if any) and their heirs, permitted) . [X] is not assignable [ ] is assignable. The terms "Buyer", "seller", and may be singular or plural. This Contract is binding upon Buyer, Seller, personal representatives, successors and assigns (if assignment is 27. 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. 28. TYPEWRITTEN OR HANDWRITTEN PROVISIONS Typewritten or handwritten provisions shall control all printed provisions of contract in conflict with them. 29. NO BROKER Seller and Buyer represent and agree they have dealt with no Broker or finder in connection with the transactions comtemplated hereby, other than Prudential Breliant Realty, Inc., Palm Harbor, Florida, representing the Seller, and whose fee shall be paid by the Seller. 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 other than as identified herein, 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 subject to the limits and restrictions of the Florida sovereign immunity statute, F.S. 768.28. Page 4 of 5 I I 30. 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. 31. 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. 32. 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. 33. SPECIAL CLAUSES [Xl Not applicable, OR An Addendum containing special clauses that constitute agreements and covenants between the parties is attached to and a part of this contract. When any special clause in the Addendum is in conflict with any provision contained elsewhere in this contract, then the special clause shall govern. 34. EXHIBITS ATTACHED EXHIBIT "A" (legal description) is attached hereto and made a part of this contract. 35. ENTIRE AGREEMENT Upon execution by Seller and Buyer, this contract shall constitute the entire agreement between the parties, shall supersede any and all prior and contemporaneous written and oral promises, representations or conditions in respect thereto. All prior negotiations, agreements, memoranda and writings shall be merged herein. Any changes to be made in this agreement shall only be valid when expressed in writing, acknowledged by the parties and incorporated herein or attached hereto. 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: q-;:);;)-q;- seg{h. ~hn ~~lO~-Jr. ) '3)- ~d- 9::).;> 3 Social Security or Tax I.D.# APPROVED AND ACCEPTED this d.;-;-~ day of 00-k~ Date) . , 1995 (the Effective CITY OF CLEARWATER, FLORIDA By: Elizalft.:: ~a. city Manager issioner Approved as to form and legal sufficiency: ~)d~ :s;,h"1 a:, r61SS 'tJ ATTEST: 5 of 5 . f- I " EXHIBIT "A" Legal Description That portion of the South ~ of the Southeast ~ of the Northwest ~ of the Northwest ~ of section 16, Township 29 South, Range 16 East identif~ed as Parcel #1 and Parcel #2 and being more particularly described as follows: Parcel #1 (1.0. No. 16-29-16-00000-220-3200) The East 75 feet of the West 4p1.05 of the North 110 feet of the South ~ of the Southeast ~ of the Northwest ~ of the Northwest ~; and Parcel #2 (1.0. No. 16-29-16-00000-220-3700) The East 58 feet of the West 519.05 feet of the North 110' feet of the South ~ of the Southeast ~ of the Northwest ~ of the Northwest ~ JJI ~ol 0 C) ~ ~ 1 2 3 0 "" 0 'S N Y I W If) 10 9 7 ~ 12 11 j 8 II) '" 25 ~ ~ <'I C) ~ C>) 17~72+ ~ ~ ClEYtLAAO ~ st .)J08- 511 ~ t-. l() '" 0 .... r- .....N ~~ ~~ ('oJ ('oJ 0'1 ..,,, ~N ~N ",N ",N 0,", ""N .N I"') ('oJ '"'~ N'" N~ o ID ~wa0<:/~~~:;:~j~~~Jj;2g~,~t~ ~~""<7:-1.~ 1'1("t~... '{,.?- ~'13-"-'''~~~i r~.~t ~~Vr~~{~' ~ '1!~t;~71i!tt ,..,;:' I:"