KENNEDY ASSOCIATION / ROBERTS ASSOCIATION / BROWN ASSOCIATION
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INST #1.'.93-083013
MAR 26,,993 5:51PM
~INELLAS COUNTY FLA.
OF~.REC.BK 8217 PG 233
.'
WARRANTY DEED
· THIS. INDENTURE made this 1b1. day of March, 1993, by and
between KENNEDY ASSOCIATES, LTD., a Florida limited partnership,
ROBERTS ASSOCIATES, LTD. - II, a Florida limited partnership and
BROWN ASSOCIATES, LTD. - II, a Florida limited partnership of the
County of Pinellas, in the State of Florida, Party of the First
Part, whose mailing address is c/o Island in the Sun, Post Office
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Box 1021, Largo, FL 34649-1021, and CITY OF CLEARWATER, FLORIDA,
a Florida Municipal corporation, of the County of Pinellas, in
the State of Florida, Party of the Second Part, whose mailing
address is Post Office Box 4748, Clearwater, FL 34618-4748,
WIT N E SSE T H:
That the said Party of the First Part, for and in
consideration of the sum of Ten Dollars ($10.00) to them in hand
paid by the said Party of the Second partt the receipt whereof is
hereby acknowledged, has granted, bargained and sold to the said
Party of the Second Part and assigns forever, the following
described land, situate lying and being in the County of
Pinellas, State of Florida, to-wit:
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SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART
HEREOF BY REFERENCE.
--
Subject to 1993 real estate taxes, restrictions,
reservations and easements of record.
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PIC
CERT
GRANTORS HEREIN HAVE GIFTED $250,000.00 OF THE
CONTRACT PURCHASE PRICE FOR THE HEREINABOVE
DESCRIBED LANDS INCIDENT TO THE TRANSFER HEREOF.
FE~S
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TOTALB I r\l1194>',~
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And the
THE PROPERTIES CONVEYED HEREBY ARE VACANT LANDS AND
HAVE NEVER BEEN THE HOMESTEAD OF THE PARTNERS OF
THE SAID GRANTORS.
said Party of the First Part does hereby fully warrant
the title to said land, and will defend the same against the
lawful claims of all persons whomsoever.
&:~l
~repared by and return to:
~i ~O HARRY S. CLINE, Esquire
~ McMullen, Everett, Logan, Marquardt & Cline, P.A.
400 Cleveland Street / Post Office Box 1669
Clearwater, FL 34617
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IPINELLAS COUNTY FLA.
OFF.REC.BK 8217 PG 235
..
STATE OF FLORIDA
COUNTY OF PINELLAS
I HEREBY CERTIFY, that on this day personally appeared
before me, an officer duly authorized to administer oaths and
take acknowledgments, HARRY F. ROBERTS, GENERAL PARTNER OF
ROBERTS ASSOCIATES, LTD. - II, a Florida limited partnership, to
me personally known or who has produced ~rA
as identification and who did take an oath, and known to me to be
the individual described in and who executed the foregoing
instrument and he acknowledged before me that he executed the
same for the purposes therein expressed.
County
WITNESS my hand and official seal at Clearwater,
and State, this 7.2-'i day of MC\,"C& ,1993.
Not~\Ub1iC
Pr int Name ~,'S C.UNe..
My Commission Expires:
said
:<.."'~Y PVIJ OFFICIAL NOTARY SEAL
o <'... HARRY 8 aJNE
~ ~~ (~"lr (l COMMISSION NUMBER
of( ..,.
~ . .,~ <( CC188713
'Y.>(' ~, # MY COMMISSION uP,
On'..O APR, 9 1996
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STATE OF FLORIDA
COUNTY OF PINELLAS
I HEREBY CERTIFY, that on this day personally appeared
before me, an officer duly authorized to administer oaths and
take acknowledgments, HERBERT G. BROWN, GENERAL PARTNER OF BROWN
ASSOCIATES, LTD. - II, a Florida limited partnership, to me
personally known or who has produced V)! r" as
identification and who did take an oath, and known to me to be
the individual described in and who executed the foregoing
instrument and he acknowledged before me that he executed the
same for the purposes therein expressed.
County
WITNESS my hand and official seal at Clearwater, said
and State, this ;;ly <-day of ;"-V~' 1993.
Not~Ub1iC , ~
Pr int Name 'A, ~ L'-' IlUb
My Commission Expires:
9.""0 OFFICIAL NOTARY SEAL
0"''''' 'IJ(" HARRY 8 aJME
. .01:.'. ~~.l{i'/'. '0 COMMISSION NUMBER
'~ ~ ~ CC188713
;; :j' S MY COMMISSION EXP.
, '~~ (')F f'~~~ APR. 9 1996
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JkNELLAS COUNTY FLA.
OFF.REC.BK 8217 PG 234
IN WITNESS WHEREOF, the said Party of the First Part has
hereunto set their hand and seal the day and year first above
written.
Signed(fealed and Delivered
in 0 Presence:
~(\
pr~~~ame ~ S CL.I NC
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Pr in t Name K.A~ A- O}\'eA~
KENNEDY ASSOCIATES, LTD.
a Florida limited partnership
By:
/'.
/ (SEAL)
By:
ROBERTS ASSOCIATES, LTD. - II,
a Florida limited partnership
._~ ,-.4'--
---ute SEAL)
ERTS, a/k/a Harry F. Roberts
Par tner
o
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Pr in t Name K61l\~ A O'1-\€l:I1ZU
BROWN ASSOCIATES, LTD. - II,
Florida limit artnership
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By:
AL)
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STATE OF FLORIDA
COUNTY OF PINELLAS
I HEREBY CERTIFY, that on this day personally appeared
before me, an officer duly authorized to administer oaths and
take acknowledgments, V. JACK KENNEDY, GENERAL PARTNER OF KENNEDY
ASSOCIATES, LTD., a Florida limited partnership, to me personally
known or who has produced "" /A as
identification and who did take an oath, and known to me to be
the individual described in and who executed the foregoing
instrument and he acknowledgedbJ~,fo.x:emethat he executed the
same for the purposes therein expressed.
WITNESS my hand and official seal at Clearwater, said
County and State, this "2.7-':1 day of V'VIQ.vc-L.. ,1993.
Public
Print ame H,SCL-/IV';
My Commission Expires:
~ ?'l P('. OFFICIAL NOTARY SEAL
1 .'. ,,\"-' . . '-S:' HARRY S ClINE
:'..'. ;-.:::\,'1\,1;,,7,7'0 CO".MISSION NUMBER
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,1}, ".~l1"i}l; ~ C C 1 8871 3
i ~..~ "~~.;,?' f:J uy COMMISSION uP,
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t "'or'\,\o APR, 9 1996
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IPINELLAS COUNTY FLA.
O~.REC.BK 8217 PG 236_
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EXHIBIT "A"
A tract of land lying within Section 8, Township 29 South, Range
16 East, .Pinellas County, Florida and being more particularly
described as follows:
Commence at the South 1/4 corner of said Section 8; thence
along the South line of the Southeast 1/4 of said Section 8, S.
890 41' 09" E., for 487.83 feet; thence leaving said line, N. 010
25' 54" E., for 1289.21 feet to the Point of Beginning; thence
continue, N. 010 25' 54" E., for 50.01 feet to the North line of
the South 1/2 of the Southeast 1/4 of said Section 8, said line
also being the South line of BRIGADOON OF CLEARWATER, as recorded
in Plat Book 91, pages 35 - 37 of the public records of Pinellas
County, Florida; thence along said line and its Easterly
extension thereof, S. 890 36' 06" E., for 2233.68 feet to the
West right-of-way line of BAYVIEW AVENUE (CR 61) , as recorded in
Official Record Book 5573, page 342 of the public records of
Pinellas County, Florida; thence along said line, being 50 feet
West of and parallel to the East line of the Southeast 1/4 of
said Section 8, S. 000 12' 59" W., for 667.84 feet; thence
leaving said line, N. 890 38' 38" W., for 688.22 feet; thence S.
000 52' 06" W., for 618.37 feet to the North right-of-way line of
DREW STREET as recorded in Official Record Book 5573, page 342 of
the public records of Pine lIas County, Florida; thence along
said line, being 50 feet North of and parallel to the South line
of the Southeast 1/4 of said Section 8, N. 890 41' 09" W., for
713.51 feet; thence leaving said line, N. 000 52' 06" E., for
757.44 feet to a easement line described in Deed Book 1465, page
95 and 97 of the public records of Pinellas County, Florida;
thence along said easement line, N. 240 10' 54" E., for 524.90
feet; thence leaving said line, along a line being 50 feet South
of and parallel to the North line of the South 1/2 of the
Southeast 1/4 of said Section 8, N. 890 36' 06" W., for 1047~80
feet to the Point of Beginning, and containing 31.40 acres, more
or less.
7C012570 JMT 03-26-93
01 DED-
RECORDING
DOC STAMP COLLECT-DR219
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CITY OF CLEARWATER
Interdepartmental Correspondence Sheet
TO:
FROM:
RE:
Cynthia E. Goudeau, City Clerk
M. A. Galbraith, Jr., City Attorney p,/
Purchase of park property on Drew Street from
Kennedy, Roberts Brown
DATE:
March 30, 1993
This property purchase was completed on March 26, 1993, and enclosed are the
following documents:
Contract for Sale and Purchase and Addendum
Closing Statement
Copy of Warranty deed
Title Commitment # FA-CC-333629 issued by First American
Title Insurance Company
Affidavits of no liens (3)
Tax Escrow Agreement
Survey
I will forward the original warranty deed and title policy when I receive them.
MAG:jmp
Enclosures
Copy to:
Daniel J. Deignan, Finance Director w/copy of settlement statement
RECEIVED
APIt 0 1 19!3
ellY eLEItK DEPT.
CONTRACT FOR SALE AND PURCHASE
PARms, As defined and Identifi on "Addendum" attached hereto and made a part hereof,,,,",,'"
of (Phone ),
,," As defined and Identifl&l on "Addendum" attached heret and made a art hereof ,'B",,,',
of (Phone ),
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, which INCLUDE the Standards for Real Estate Transactions ("Standard(s}") printed on the reverse or attached and any Riders and Addenda to this instrument
I. DESCRIPTION:
(a) Legaljjescription of Real Propert,:! located in Pi ne lIa s Countl" Florida
See sketch ana approximate legal description attachea hereto as Exhibit II A"
(b)
(c)
Street address, city. zip. of the Property is: =
Personalty:
N/A
None
$
1,500,000.00
II:
See Addendum Attached hereto
:~;:EHN~~E PRiCE,...."",.."",,' ('S'e'e" Adderidlim'~" c h~'u se '3)"
(a) Deposit(s) to be held in escrow by Lee Arnold & Associates,
(b) Additional escrow deposit within days after Effective Da~ in the amount of ,
(c) Subject to AND assumption of mortgage in good standing in favor of I A
Inc.
in the amount of ,$
,$
100,000.00
0.00
0.00
$ 0 . 00
So_ to 01_ IU.S o~h, LOCALLY DR,,"N ",,".d ~ o~h." ",,"', w"~I 10 ,di"'_" ,," pm,"'" a ttached her~ lJ ' 400 , 000 . 00
III, TIME FOR ACCEPTANCE; EFFECTIVE DATE; FACSIMILE: If thiS offer is not executed by and delivered 10 all parttes OR FACT OF EXECUTION communicated in writing
between the parties on or before DEcember 18, 1992. the deposit(s) Will, at Buyer'S oplton. be returned to Buyer and thiS offer withdrawn, A facsimile copy of this
Contract for Sale and purchaSe ("Contract") and any signatures hereon shall be considered for all purposes as originals, The date of Contract ("Effective Date") will be the date when
the last one of the Buyer and Seller has signed this offer
having an approximate present principal balance 01 , , $
% (see Addendum) in amount of ' ' $
(d)
(e)
(f)
PurchaSe money mortgage and note bearing annual interest at
Other: N I A
N/A
IV, FINANCING:
or (2) or (3)): (1) 0 a fixed. (2) 0 an adjustable or (3) 0 a fixed or adjustable rate' loan within_ days after Effective Date at an initial interest rate not t - %,
term of years and for the principal amount of $ , Buyer will make application within days aft e ate and use reasonable
diligence to obtain the loan commitment and, thereafter, to meet the terms and conditions of the commitment and close the r shall pay all loan expenses, If Buyer
fails to obtain the commitment or fails to waive Buyer'S rights under this subparagraph within the time for obtai commitment or after diligent effort fails to meet the
terms and conditions of the commitment, then either party thereafter by prompt written notice to the y cancel the Contract and Buyer shall be refunded the deposit(s),
(b) The existing mortgage described in Paragraph lI(c) above has (CHECK (1) or (2)): (1 la Ie interest rate or (2) 0 a fixed interest rate of % per annum,
At time of title transfer some fixed interest rates are subject t increased, the rate shall not exceed % per annum, Seller shall. within days after
Effective Date, furnish statements from all s stating principal balances. method of payment. interest rate and status of mortgages, If Buyer has agreed to assume a
mortgage which requires appro er by the mortgagee for assumption. then Buyer shall promptly obtain all required applications and will diligently complete and return
them to the mort a ortgagee charge(s) not 10 exceed $ shall be paid by (if not filled in. equally divided), If Buyer is not
acce Ortgagee or the requirements for assumption are not in accordance wilh the terms of this Contract or mortgagee makes a charge in excess of the stated amount,
V, nn.E EVIDENCE' AI"" 15 ~ "'''' b.to. 0'"'''' d,', S."" ,,,"I, " "",,', .""M', "'Ii.., to B">,," 0' ..",,', ,.""~" ,.. ocw,"''''' w"h .."""d A
(CHECK (1) or (2)): (1) 0 abstract of title or (2) title insurance commitment and. after closing, owner's poliCY of title insurance,
VI, CLOSING DATE: This transaction shall be closed and the deed and other closing papers delivered on March 28, 19~~less extended by other provisions of Contract
VII, RESTRICTIONS; EASEMENTS; UMITATIONS: Buyer shall take title subject to: zoning. restrictions, prohibitiOns and other requirements imposed by governmental authority: restrictions
and matters appearing on the plat or otherwise common to the subdivision; public utility easements of record (easements are to be located contiguous to Real property lines and
not more than 10 feet In Width as to the rear or front lines and 7'12 feet in Width as to the Side lines, unless otherWise stated herein); taxes for year of clOSing and subsequent
""" """"" """""'" "" ""~"'~ _"" ~"_,, ''''", 0''''', That ortion of 50ft. C i t of St. Pete r sbu r w ate r
easement aescribed in u. B. 1465. P . 107 bein conve ed, all 'urisdictional wetlands . prOVided.
... """ ,," ,to...., 00 ,...."',,'" lorego'''' "" ~ 0"_ p'~"''' "~ '" "''''''''''' ", Pu b lie Pa r k and Rec rea tion ,"",~I"
VIII. OCCUPANCY: Seller warrants that there are no parties in occupancy other than Seller; but, if Property is intended to be rented or occupied beyond closing. the fact and terms
thereof !>haUlJe stated herein and the tenant(s) or occupants disclosed pursuant to Standard F, Seller agrees to deliver occupancy of 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 condition as of time of taking occupancy unless otherwise stated herein or in a separate writing,
IX, TYPEWRITTEN OR HANDWRITTEN PROVISIONS: Typewritten or handwritten provisions shall control all printed provisions of Contract in conflict with them,
X. fU,DERS: (CHECK if any of the following Riders are applicable ~ are attached to this Contract):
(ll) 0 COASTAL CONSTRUCTION CONTROL UNE RIDER (e) 0 FOREIGN INVESTMENT IN REAL PROPERTY TAX ACT RIDER
(b) 0 CONDOMINIUM RIDER (d) 0 INSULATION RIDER
(e) 0 FHA/VA RIDER
(I) 0 OTHER:
XI. ASSIGNABILITY: (CHECK (1) or (2)): Buyer (1) 0 may assign or (2) ~ may not assign this Contract
XII. SPECIAL CLAUSES: (CHECK (1) or (2)): Addendum (1) QCis attached or (2) 0 there is no Addendum
XIII. nOE IB OF THE ESSENCE OF THIS CONTRACT, BUYER'S INITIACS
XIV, DISCLOSURES: Buyer 0 acknowledges or 0 does not acknowledge receipt of the agency/radon/compensation and estimated closing costs disclosures..,
THIS IS INTENDED TO BE A LEGALLY BINDING CONTRACT,
IF NOT FULLY UNDERSTOOD, SEEK THE ADVICE OF AN ATTORNEY PRIOR TO SIGNING,
THIS FORM HAS BEEN APPROVED BY THE FLORIDA ASSOCIATION OF REALTORS AND THE FLORIDA BAR.
Approval does not constitute an opinion that any of the terms and conditions in this Contract should be accepted by the parties In a particular transaction. Terms
and conditions should be negotiated baSed upon the respective interests, objectives and bargaining positions of all interested persons,
COPYRIGHT 1991 BY THE FLORIDA BAR AND THE FLORIDA ASSOCIATION OF REALTORS
Execution by the Parties of Addendl.I1TlcntaC~d l1~r'eft>-al'ld '1nade a part hereof constitutes
acceptance of all terms and conditions of this contract for sale and purchase and all attachment'
Date Date
---------------
(Seller)
(Buver)
f
A. EVIDENCE OF TITLE: (1 )An abstract of title prepared or brought current by a reputable and existing abstract firm (if not existing then certified as correct by' an existing flrn
purporting to be an accurate synopSis of the instruments affecting title to the Real Property recorded in the public records of the county wherein Real Properly)s located, throug
Effective Date and which shall commence with the earliest public records, or such later date as may be customary in the county. Upon closing of this transaction. the abstrad she
become the property of Buyer, subject to the right of retention thereof by first mortgagee until' fully paid. (2) A title insurance commitment issued by a Florida licensed titie insure
agreeing to iSsue to Buyer, upon recording of the deed to Buyer, an owner's policy of title insurance in the amount of the purchase price insuring Buyer's title to. the Real Proper!)
subject only to liens, encumbrances, exceptions or qualifications set forth in this Contract and those which shall be discharged by Seller at or before ciosing. Seller shall conve'
marketable title subject only to liens, encumbrances, exceptions or qualifications specified in the Contract. Marketable title shall be determined according to applicable Title Standard
adopted by authority of The Florida Bar and in accdtdance with law. Buyer shall have 30 days, if abstract, o~ 5 days, if title commitment, from date of receiving evidence of tin
to examine it. If title is found defective,' Buyer shall, within 3 days, notify Seller in writing Specifying defect(s), If the defect(s) render title unmarketable, Seller will have 120 days fror
receipt of notice within which to remove the defect(s), failing which Buyer shall have the option of either accepting the title as it Ihen is or demanding a refund of deposit(s) pai
which shall immediately be returned to Buyer; thereupon, Buyer and Seller shall release one another of all further obligations under the Contract. Seller shall, if title is found unmarketabll
use diligent effort to correct defect(s) in the title within the time provided therefor, including the bringing of necessary suits.
B. PURCHASE MONEY MORTGAGE; SECURITY AGREEMENT TO SELLER: A purchase money mortgage and mortgage note to Seller shall provide for a 30-day grace period
Ihe event 01 default if a lirst mortgage and a 15,day grace period if a second or lesser mortgage: shall provide for right of prepayment in whole or in part without penalty; ShE
not permit accelel'i1tion or interest adjustment in event of resale 01 Real Property; shall require all prror liens and encumbrances to be kept in good standing and forbid modification
of or lulure advances under prior morlgage(sJ; and the mortgage. note and security agreement shail be otherwise in form and contenl required by Seller; but Seiler may only requir
clauses customarily found in mortgages, mortgage notes and security agreements generalfy utilized by savings and loan institutions or stale or national banks located in the count
wherein Real Prooerty is located. All Personaily ilnd leases being conveyed or aSSigned will, at Seller's option. be subject to the lien of a security agreement evidenced by recorde,
financing statements. If a balloon mortgage. the tlnal payment will exceed the periOdic payments thereon, .
C. 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 by a registered Florid;
surveyor. If survey shows encroachment on Real Property or that improvements located on Real Properly encroach on setback lines, easements, lands of others or violate any restriclion~
Contract covenants or applicable governmentai regulation, the same shail constitute a title defect.
D, TERMITES: Buyer. at Buyer's expense, within time allowed to deliver evidence of title and to examine same. may have Real Property inspected by a Florida Certified Pest Contre
Operator to determine if there is any visible active termite infestation or visible existing damage from termite intestation in the improvements, If either or both are found, Buyer wi
have 4 days from date of written notice thereof within which to have all damages, whether visible or not, inspected and estimated by a licensed builder or general contractor, SeliE
shall pay valid costs of treatment and repair of all damage up to 2% of purchase price, Should such costs exceed that. amount, Buyer shall have the option of cancelling Contrae
within 5 days after receipt of contractor's repair estimate by giving written notice to Seller or Buyer may elect to proceed with the transaction, in which event Buyer shall receiv
<l credit at closing of an amount equal to the total 01 the treatment and repair estimate not in excess 01 2% of the purchase price. "Termites" shall be deemed to include all woo I
destroying organisms required to be reported under the Florida Pest Control Act.
E, INGRESS AND EGRESS: Seller warrants and represents that there is ingress and egress to the Real Property sufficient for the intended use as described in Paragraph VII hereo
title to which is in accordance with Standard A
F. LEASES: Seller shall, not less than 15 days belore closing, furnish' to Buyer copies of all written leases and estoppeiletters from each tenant specifying the nature and duratlo
of the tenant's occupancy, rental rates, advanced rent an.d security deposits paid by tenant If Seiler is unable to obtain such letter from each tenant, the same information shail, b
furnished by Seiler 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 closin(
deliver and assign all original leases to Buyer. .' , ',:' .',
G. LIENS: Seller shall furnish to Buyer at time of closing an affidavit attesting to the absence. unless otherwise provided for herein, of any financing statements, claims of lien c
,potential lienors known to Seiler and further attesting that .there have been no improvements or repairs to the Property lor 90 days immediately preceding date of closing, If Propert'
has been improved or repaired within that time. Seller shall deliver releases or waivers of mechanics' liens executed by all generai contractors, subcontractors, suppliers and materialmel
in addition 10 Seller's lien affidavit sHHing forth the nilrnes of all such general contractors, subcontractors, Suppliers and materialmen and furtller affirming that all charges for improvement,
or repairs which couid serve as a basis for a ITIE'chanic's lien or a claim for damages have been paid or will be paid at closing of this Contract
H. PLACE OF CLOSING: Closing shall be held in the county wherein the Real Property is located at the ollice of ihe attorney or other closing agent designated by Seller.
L TIME: Time periOdS 11erein of less than 6 days shail in the computation exclude Saturdays, Sundays and state or national legal holidays, and any time period provided for hereir
which shall end on Saturday, Sunday Or i1 legal holicby shail ,,"x tend to 5:00 p,m 01 the next business do'y
J. DOCUMENTS FOR CLOSING: Seller shall furnish the deed, I)ill of sale, mechanic's lien affidavit, assignments of leases, tenant and mortgagee estoppel letters and corrective instruments
Buyer shall furnish Closing statement, mortgage, mortgage,note, security agreement and financing statements,
K. EXPENSES: Documentary stamps on the. deed and recording corrective instruments shall be paid by Seller. Documentary stamps, intangible tax and recording purchase mone,
mortgage to Seller, deed and financing statements shall be paid by Buyer.
L PRORATIONS; CREDITS: Taxes, assessments, rent, interest. insurance and other expenses and revenue of Property shall be prorated through day before closing. Buyer shall haVE
the option of taking over any existing policies of insurance, if aSsumable, in which event premiums shall be prorated, Cash at closing shall be increased or decreased as may bE
required by prorations. Prorations will be made through day prior to occupancy If occupancy occurs before closing, Advance rent and security deposits will be credited to Buyer ane
escrow deposits heid by mortgagee will be credited to Seller. Taxes shall be prorated based on the current year's tax with due allowance made for maximum allowable diScount
homestead and other exemptions, If ClOSing occurs at a date when the current year's millage is not fixed and current year's assessment is available, taxes will be prorated basee
upon such assessment and the prior year's millage. II current year's assessment is not available. then taxes will be prorated on the prior year's tax. If there are completed improvement1
on the Reai Property by January 1st of year of closing whictl improvements were not in existence on January 1st of the prior year, then taxes shall be prorated'based upon th(
prior years millage and at an equitable assessment to be agreed upon between the parties, failing which, request will be made to. the County Property Appraiser for aninforma
assessment 18king into consideration available exemptions. Any lax proration based on an estimate shall, at requesl of either Buyer or Seller, be subsequently readjusted upon recelp'
of tax bill on condition that 8 statement to that effect is in the closing statement
M, SPECiAL ASSESSMENT LIENS: Certified, COllllllned dnd ratified special assessment liens as of date of clOSing (not as of Effective Date) are to be paid by Seller. Pending liens
as of date of clOSing shall be assumed by Buyer, If the improvement has been substantially completed as of Effective Date, such pending lien shall be considered certified, confirmeo
or ratified and Seller shall. at closing. be charged an amount equal to the last estimate of assessment for the Improvement by the public body.
N, INSPECTION, REPAIR AND MAINTENANCE: Seller warrants that, as of 10 days prior to closing, the ceiling, roof (inciuding the fascia and soffits) and exterior and interior walls,
seawalls (or equivalent) and dockage do not have any VISIBLE EVIDENCE of leaks, water damage or structural damage and that the septic tank, pool, all appliances, 'mechanical
items, heating, cooling, electrical. plumbing systems and machinery are in WORKING CONDITION. Buyer may, at Buyer's expense. have inspections made of those items bya firm
or individual .specializing in home inspections and holding an oCcupational license for such purpose (if required) 'or by an appropriately licensed Florida contractor. Buyer shall, prior
to Buyer'S occupancy or not less than 10 days prior to closing, whichever occurs first. report in writrng to Seller such items that do not meet the above standards as to defects.
Unless Buyer reports such defects within that time, Buyer shall be deemed to have waived Seller's warranties as to defects not reported. If repairs or replacements are required,
Seller shall cause such repairs to be made and shall pay up to 3% of the purchase price for suCh repairs or replacements as may be required in order to place such items in WORKING
CONDITION. II the cost for such repairs or replacement exceedS 3% of the purchase prrce, Buyer or Seller may elect to pay such excess, failing which either party may cancel
111IS Contract. II Sdler IS ullable 10 correct thE': defecls prior to clOSing, the cost thereof shall be paid into escrow at closing, Seller will, upon reasonable notice, provide utilities service
illKI access 10 tile Property for Inspections, inClUding a walk .through prior to closing. Between Effective Date and the date of closing, except for repairs required by this Standard
')[,II"r sh811 I1k1lnlalll P,Opeily, Includlllg, bul nol IlIlllt"d to, Ille lawn and Shrubbery, III Ihe condition herein warranled, ordinary wear and tear excepted.
O. RISK OF LOSS: II tile Properly is damaged hy fire or other CilSUJlly belorr-: cloSlll9 and cost of restoration does nOI exceed 3% of the assessed valuation of the Property sc
rlilrnaged, cost 01 lestorallon Shall be an obligation 01 Ille Seller and clOSing shall proceed pursuant to the terms of Contract with restoration costs escrowed at closing, If the cosl
01 restoration exceeds 3'10 of the assessed valuation of the improvements so damaged, Buyer shall have the option ot either taking Property as is, together with either the 3% or
<lilY Insurallce procee(js payable by virtue 01 such loss 01 dama,w, Or 01 c8ncelllllg thiS Contract wld receiving return ot deposit(s),
P. PROCEEDS OF SALE; CLOSING PROCEDURE: The deed shall be recorded upon clearance of funds. If abstract, evidence of title shall be continued at Buyer's expense to show
title in Buyer, without 'lny encumbrances or change which would render Seller's title unmarketable from the date of the last evidence, Proceeds of the sale shali be held in escrow
by Seller's allorney or by such other mutually acceptable escrow agent tor a periOd of not longer than 5 days from and after closing date, If Selier's title is rendered .unmarketable,
through no fault of Buyer, Buyer shall, within th~ 5-day period, notify Seller in writing of the defect and Selier shall have 30 days from date of receipt of such notification to cure
the defect. If Seller fails to timely cure the defect, all deposit(s) and Closing fUnds shall, upon written demand by Buyer and within 5 days after demand, be returned to Buyer and
simultaneously with such repayment, Buyer Shall return Personalty and vacate Property and reconvey it to Seller by special warranty deed. If Buyer fails to make timely demand for
relund, Buyer shall take tilie as is, waiving all rights ",iainst Seller as to any intervening defect except as may be available to Buyer by virtue of warranties contained in the deed.
'I ;1 portion 01 the purChase price is to be derived from institutional financing or refinancing, requirements of the lending institution as to place, time of day and procedures for closing,
'lid Iur C1lsburselllelit 01 mUllgage proceeds sl1all cOlltlol ovor cOnlrclry proviSIOll 111 tl1is Contract. Seller shall 11ave the right to require from the lending institution a wrillen commitment
111;,1 II Will not wllhl10ir.l clisbursement 01 morlgag(' ploceeds as a resull 01 any title defect attributable 10 Buyer'l1lorlgagor The escrow and closing procedure required by this Standard
'lIi1y be Waived II tllle dgenl insures adverse matters pursuant to Section 6277841. F.S. (1989), as amended
o. ESCROW: Ally ,",scrow agent ('Agenl') receiving luneJs or equlvalenl IS outhoClzed and agrees by acceptance of them to deposit them promptly, hold same In escrow and, subject
10 1~learance. (1lshurse 11""11 III accordance willl terms and conditions of Contract. Failure of clearance of funds shall not excuse Buyer's performance. If In doubt as to Agent's duties
01 liat.""ies under the ProVIsions 01 Contract, Agent may, at Agent.s opl,on, continue to hold the subject matter of the escrow until the parties mutually agree to ItS disbursement
or until a Judgmenl of a courl of compelent Junsdlctlon Shall determine the rights 01 the parties or Agent may deposit same with the clerk of the cirCUit Court having juriSdiction
01 the dispute Upon notifYing all parties concerned of such action, all liability on the part of Agent shilll fully terminate. excenl In tho Ovl~nl _, ____
delivered out of escrow, If a licensed real estate broker, Aoent will /"nmnh, ...,,~ ___H'_'___ ._.
i.q IT\::lrl,:) ~ ,.,..,...,.
SIANDARDS FOR REAL ESTATE TRANSJCTIONS
I
I
ADDENDUM
To That Certain Contract For Sale and Purchase dated December 18, 1992, by and between the
following parties:
BROWN ASSOCIATES, LTD. II, formerly an active registered Florida Limited Partnership until
status revoked May 10, 1991 for failure to renew registration, Herbert G. Brown, General Partner
and Registered Agent, and KENNEDY ASSOCIATES, LTD., an active registered Florida Limited
Partnership, V. Jack Kennedy, General Partner and Registered Agent and ROBERTS ASSOCI-
ATES LTD, II, an active registered Florida Limited Partnership, Harry Roberts, General Partner and
Registered Agent ("SELLER"), whose mailing address is: c/o Island In The Sun, p, 0, Box 1021,
Largo, Florida 34649-1 021, and
CITY OF CLEARWATER, a Florida Municipal Corporation ("BUYER"), whose mailing address is P.
O. Box 4748, Clearwater, FL 34618-4748
TO WIT:
1) The price of $1,500,000 shall be paid as follows:
Cash at time of closing: $1,150,000.00
Escrow Deposit $ 100,000,00
Balance of the Purchase price: $ 250,000.00
Balance of the purchase price shall be gifted to
the Buyer by Seller under the 501-C3
IRS code (bargain sale)
Buyer shall incur no additional expense and/or liability as a result of the bargain sale gift. Buyer
does agree to assist Seller in executing any appropriate documentation to facilitate the gifting
under the 501-C3 code, however the said assistance shall in no way increase Buyer's expense
and/or liability.
2) Approval and Acceptance
Seller agrees that following timely execution by Seller, the terms and conditions of sale as agreed
to by Seller shall remain unchanged and unconditionally open for approval and acceptance by
the Clearwater City Commission. Execution of the Contract by Buyer shall occur on or before
December 18, 1992.
3) Deposit
City of Clearwater shall deposit the sum of One Hundred Thousand and --no/100's--Dollars
($100,000.00) with Lee Arnold and Associates, Inc. within seven (7) days of approval and
acceptance of this agreement by the Clearwater City Commission. Total deposit amount shall be
placed in a special interest bearing trust/escrow account bearing maximum interest as may be
offered on date of deposit by First Florida Bank for the amount shown. All earned interest shall
inure to the benefit of the Buyer and shall be used to offset all additional sums as may be
required of the Buyer at closing.
4) Legal Description
Approximate legal description as shown on EXHIBIT "A" is subject to verification and/or amending
by topographical and/or boundary survey to be obtained by Buyer at Buyer expense, such survey
to be performed to Standard "C" of this agreement and in conformance with the minimum
standards of Chapter 21 HH-6, Florida Administrative Code, certified to Buyer and title company
insuring title to owner under Standard "A" of this agreement. Total Purchase Price is conditioned
upon parcel being conveyed containing 31.4 acres, more or less, Upon survey confirmation, the
Total acreage shall be adjusted to equal 31.4 acres, more or less.
5) Suitability
This sale is subject to Buyer, through its Director of Parks and Recreation Department, confirming
to its satisfaction within Ninety (90) days of the effective date (December 18, 1992) of this
agreement that all governmental approvals are obtainable and property described herein will
suitably accommodate three regulation softball fields for adult team play, all necessary parking,
concession and restroom requirements, any other necessary appurtenant structures, fencing and
utilities. If it is determined by Buyer within time allowed that the property cannot be economically
utilized as intended, Buyer shall so notify Seller in writing, in which event this agreement shall
become null and void in all respects and all funds on deposit shall be refunded to Buyer and all
parties shall thereafter be relieved of any further obligations hereunder.
If Seller is not notified to the contrary in writing within time allowed in this provision, it will be
deemed that conditions set forth in this paragraph are waived by Buyer, and this agreement shall
otherwise remain in full force and effect.
I
I
Page 2 of 3
6) Right of Entry
Seller agrees that Buyer, at Buyer's option, expense and risk shall have the right of entry upon
the property to make surveys, measurements, conduct environmental or engineering tests, and
otherwise make such physical inspections and analyses thereof as Buyer shall deem necessary.
Buyer assumes all risks of such entry and agrees to defend, indemnify and hold Seller harmless
from and against any claims, cost and expense resulting from any damage to or destruction of
the property, and any injury to or death of any person(s) arising from the acts or omissions of
Buyer or its agents in exercising this right of entry.
7) Environmental Audit
Buyer shall, at Buyer option and expense, have the privilege of conducting a Phase II
Environmental Audit of the premises to the full extent of Investigation and Testing Standards as
detailed in EXHIBIT "B" (Phase II Field Investigation and Testing) attached hereto and made a part
hereof. If environmental contamination of the premises is revealed by studies and tests
conducted by Buyer or its agents pursuant to this paragraph, in amount and/or concentration
beyond the minimum acceptable levels established by current applicable governmental authorities
Buyer may cancel this Contract For Sale & Purchase, by notifying Seller, in writing, in which event
this Agreement shall become null and void in all respects and all funds on deposits shall be
refunded to Buyer and all parties shall thereafter be relieved of any further obligations hereunder.
If Seller is not notified to the contrary within ten (10) days from the completion of above mentioned
Phase II Environmental Audit, however, not to exceed ninety (90) days from the effective date of
the Contract, it will be deemed that the conditions set forth in this Paragraph are waived by Buyer
and this Agreement shall otherwise remain in full force and effect.
8) Clean-up of Premises
As a condition precedent to closing of this transaction, Seller, at Seller expense, shall remove all
surficial wastes as may have been dumped or otherwise deposited on or about the premises,
including but not limited to: Construction debris, PVC piping not related to drain fields, furniture,
fencing, household trash, appliances, wood, concrete, metal and glass scraps and debris, tires,
plastics, storage drums, any and all other trash or waste water products that could not reasonably
be construed as indigenous to the property. The former waste water treatment facility located on
the property shall be dismantled and removed from the property by Seller together with all
appurtenant equipment, pumps and piping, any and all other items and debris associated with
the waste water treatment plant except for the concrete foundation and drain field.
9) Time of the Essence
All contingencies, conditions and provisions as stipulated in this agreement must be performed
and completed by the respective parties within Ninety (90) days following the effective date
(December 18, 1992) of this agreement, excluding such terms and conditions as ,may have
specific performance deadlines as detailed elsewhere in this agreement. If written notice to the
contrary is not timely delivered by one party to the other within time allowed in this provision, it
will be deemed that all such contingencies, conditions and provisions have been performed and
completed as agreed and the obligated party does warrant same to the non-obligated party.
Should the obligated party fail to perform as agreed, the non-obligated party shall be entitled to
remedies as defined in Standard S of this agreement (Failure To Perform).
10) Warranty of Authority to Convey
It is warranted by BROWN ASSOCIATES, LTD, II and Herbert G. Brown, individually and severally,
that being aware BROWN ASSOCIATES, LTD. II, a Florida Limited Partnership, failed to refile its
registration with the Secretary of State of the State of Florida subsequent to May 10, 1991, that
they have full right and authority to convey the real property described herein in accordance with
Standard "U" of this agreement (Conveyance).
11) 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
I
Page 3 of 3
ACKNOWLEDGED AND ACCEPTED:
DATE
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By
:ATlt::ST: . --.'::: "
. ~j-~ ;j~,,p. ~.
~~deau, ~!fY:Clerk
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Herbert G. Brown
General Partner
KENNEDY ASSOCIATES, L TD,
BY~.f/~'7
. J nedy
ral Partner
ROB~TES' LTD II
By ~
Harry erts
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That part of section 8, Township 29 South, Range 16 East,
Pinellas County, Florida, described as follows:
Commence at the Southwest corner of the Southeast 1/4 of said
section 8, and run thence S 89041'09" East 487.74 feet (487.66
feet measured) along the south boundary of section 8; thence
N 01027'18" East 1338.17 feet to the 40 acre line for the POINT
OF BEGINNING, also being the south boundary of Brigadoon of
Clearwater and its extension thereof, according the map or plat
thereof as recorded in Plat Book 91, Page 35 of the Public
Records of pinellas County, Florida; thence S 00014'31 West
667.85 feet along a line 50 feet west and parallel to the east
boundary of said section 8, said line also being the west right
of way of County Road 61 (Bayview Boulevard); thence N 89038'39"
West 688.51 feet along a 10 acre line; thence S 000 52'25" West
617.85 feet; thence N 89041'09" West 720 feet along a line north
and parallel to the south boundary of said section 8, said line
also being the north right of way of Drew Street; thence
N 00052'25" East 726.67 feet (approximatelY) to the center of a
50 foot wide city of st. Petersburg water main easement as
recorded in D.B. 1465, Page 107, Public Records of Pinellas
County, Florida; thence N 24011'55" East along said center line
557.48 feet (approximatelv) to a point 50 feet south of the 40
acre line; thence N 89036'09" West 1,054.16 feet (approximatelY);
thence N 01027'18" East 50 feet to the POINT OF BEGINNING.
containinq 31.40 acres (MOL)
~ ~ .,,, ..
I
I
EXHIBIT "B"
B. Fhase II - Field Investigation and Testing.
t1:ni tcring and/O'" testing proc:edur'es of vada.ls types and, to varying
degrees may be r'equired to SLtpp1em::nt cr ver.ify SLlspected conditions
uncover'ed in the ini ti a1 si te aSse5SlT'121lt phase. Thec-.,.e CUll invol ve many
techniques and disciplines necessary to pel'.fO"'m and interpret soils,
surface and/cr gr'OLlT1d-water, air sattP1e tests, electr'omagnetic induction
type geq:Jhysical SLl/"'veys, hydr'ostatic testing of tanks, testing fO'"
asbestos containing mater'ials and eldstence of fr'iable fibers in air'
sarrples (polar.ized light nlicr'oscq:JY), etc.
1) F'r'icr to LlT1dertaking any Fhase II inv(O.~Ugation the censul tant
ITLISt detai 1 :
(a) The type, nUfrbE:.'r and descdpticn of each r'ec01YT)2f1ded test or
m::ni to".ing pr'oc:edLl/"'e.
(b) The pr'qJoc..>ed I o:::aUai (s) of the p",'oposed tests.
(c) The timing ""equi",'ed to per'fCT'm each of the p",'oc:edur'es and
the anal ysi s of ",'esul ts.
(d) The costs involved to carplete and analyze the r'esu1 ts for
each of the tests.
2) RepO".t:
4J0l carp~ et i 01 of auther i zed test and satrp ling pr'oc:edLl/"'es the
COlsul tant wi 11 issue a v-R'.i tten r'epO".t suppl E'l'TEf'\ti ng the Fllase I
",'epcr-t and detai l, at least, the fall (Jf.<.Ii ng:
(a) Results of each individual test, sampling or m::nitoring
prcx:edur'e.
(b) Corpar.i SCX1 of ",'esults to standar'ds.
(c) Ccnc1usions and further' ",'eccxrmendations, if app""op",'iate.
The cond usi ons r'eported stla.ll d speci f i call y add,..'ess v.nether or not
hazar-dOLlS or to:dc substances or wastes ar'e p",'esent at the si tej ar.e
p",'ec-""ent in qLIC~nti ties CT' concent",'ations wlich pose an inmedi ate or
potential th",'eat to the p",'oper.ty, the SLl/"rcx..lT1ding pCf-lulaticn cr to the
envi",'olment cr r'epr'esents potential violations of envi",'on(l)2fltal laws 0'"
regul aU ens.
Fllase II Total $
4
I I
CLOSING STATEMENT
McMullen, Everett, Logan, Marquardt & Cline, P.A.
Seller: KENNEDY ASSOCIATES, LTD., ROBERTS ASSOCIATES, LTD. _
II, and BROWN ASSOCIATES, LTD. - II, Florida limited partnerships
Purchaser: CITY OF CLEARWATER, FLORIDA
Date: March 26, 1993
Description of Property: A portion of property lying in Section
8, Township 29 South, Range 16 East, Pinellas County, Florida
CREDITS TO SELLER:
Total Purchase Price
$1,500,000.00
CREDITS TO PURCHASER:
Binder Payment
Gift under IRS 5501 (c) (3)
$ 100,000.00
250,000.00
$1,150,000.00
$1,500,000.00
Balance to close
$1,500,000.00
STATEMENT TO PURCHASER:
Balance to Close
Record Deed
$1,150,000.00
19 . 50
Total required to close
$1,150,019.50
::~y;;;~:~~ FLORIDA
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V.P-<:-' d ~lL~ r t1,
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Commitment
No. FA-cc-33 3629
COMMITMENT FOR TITLE INSURANCE
ISSUED BY
First American Title Insurance Company
FIRST AMERICAN TITLE INSURANCE COMPANY, a corporation of California, 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 therefor; 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.
This Commitment shall not be valid or binding until Schedule A has been countersigned by
either a duly authorized agent or representative of the Company and Schedule B-1 and B-II have
been attached hereto.
IN WITNESS WHEREOF, the Company has caused this Commitment to be signed and sealed,
to become valid when countersigned by an authorized officer or agent of the Company, all in accord-
ance with its By-Laws. This Commitment is effective as of the date shown in Schedule A as
"Effective Date".
First American Title Insurance Company
HY rP~"~
ATTEST ~
{,/I",iL. C. ~ ~
PRESIDENT
SECRETARY
A.LT.A. COMMITMENT -1966
II
First A1flerican Title Insurance C1mpany
FATIC-201 (Rev, 9-78)
SCHEDULE A
Agent's File No.: 49365011
Commitment No. FA-CC- WR
Date Issued: I, 1993 at 05:00 PM
Date Effective: arch 8 1993 at 05:00 PM
3d-~lq3 ~.
2, Policy or Policies to be issued:
(a) A.L.T.A. Owner's Policy (4/6/90)
Amount of Policy: $ 1,500,000,00
(with Florida Modifications)
Proposed Insured: CITY OF CLEARWATER
(b) A.L.T.A. Loan Policy (4/6/90) Amount of Policy: $ 0.00
(with Florida Modifications)
Proposed Insured:
3. The estate or interest in the land described or referred to in this Commitment and
covered herein is an estate or interest designated as follows:
Fee Simple
4. Title to the estate or interest In the land described or referred to in this Commitment
are covered herein (and designated as indicated in NO.3 above) is, at the effectIve
date her~of, vested in:
KENNEDY ASSOCIATES, LTD., a Florida limited partnership, ROBERTS
ASSOCIATES, LTD. - II, a Florida limited partnership, and BROWN ASSOCIATES,
LTD. - II, a Florida limited partnership
5. The land referred to in this Commitment is in the State of Florida, County of Pinellas
and described as follows:
See Exhibit "A" attached hereto and made a part hereof
MCMULLEN, EVERETT, LOGAN, MARQUARDT &
CLINE, P ,A
400 CLEVELAND STREET
CLE4l~A~("\J ;4615
GY:_~~~____________
AIJthnri7pri (~ionrltnrY
.
First AtJerican Title Insurance Cljrnpany
Schedule B-1 Continued
't~
Agent's File No.: 49365011
Schedule B-1 Continued
,I
g. Record a Satisfaction of the Certified Judgments against Jack Kenned~(also
known as V. Jih(k Kelmedy, and variations thereof, recorded ill the fgJlowing
O.R. Books and f\ages of the Public Records of Pinellas County, Flor.ida:
, '
\ I
\ ,
O.R. Book 4539, pa~ 1037, O.R. Book 4820, Page 1368, O.R. Book ,4'843, Paye
291, O.R. Book 4886,\Page 163, O.R. Book 4928, Page 1949, O.R. ,Book 5138, Page
1787, O.R. Book 5294;\Page 2062, O.R. Book 5391, Page 1272, O.R. Book 5400,
Page 1879, O.R. Book 54Q6, Page 197, and O.R. Book 5536, Page'1196;
\
\
\ I
Proof to be recorded that hhe individual named in said Jtidgmerlt is not one dnd
I
the same as Jack Kennedy, a 0 known as V. Jack Kenne~I' former title holder.
I
Release of the Liens gainst Jack Kennedy, ~lso known as V. Jack
and variat ions thereof, recorded in the f,fllowiny O.R, Books and
the Public Records of Pllellas County, F>lorida:
I
"OR-
h. Record a
Kennedy,
Pages of
O.R. Bouk 4257, Page 1788, O.R.
and O.R. Book 4424, Page 309;
912, O.R. Book 4402, Page 969,
-OR,-
Proof to be recorded that
the same as Jack Kennedy, also known
not one and
title holder.
1. Submission of recordable copy of Li
Associate~, Ltd., a Flurida limite
thereto, if any, for review by th Company.
make such additional requiremen . as it may
Note: Copy of original Limite' Partnership
in O.R. Book 5515, Page 386, ublic Records
J. Submission of recordable c y of Limited Partnership Agreement of Roberts
Associates, Ltd. - II, a lorida limited partnership, together with all
amendments thereto, if y, for review by the Company. The Company reserves
the right to make such additional requiremerlts as it ma deem necessary.
Note: Copy of origin' Limited Partnership Certificate nd Agreement recorded
in O.R, Book 5557, P ge 953, Public Records of Pinellas C Ilty, FloriLla.
k. Submission uf ree dable copy of Limi ted Part nership Agreem 'It
Associates, Ltd. II, a Florida limited partnershi~, togeth
amendments ther 0, if any, for review by the Company. The Com any reserves
the riyht to m ke such additional requirements as it may deem 11 ~essary.
Note: Copy 0 original Limited Partnership Certificate and Agree ent recorded
in O.R. Book 5552, Page 1781, Public Records of Pinellas County, F ida.
I. oper Deed from KENNEDY ASSOCIATES, LTD., a Florida limited
partners ip, ROBERTS ASSOCIATES, LTD. - II, a Florida limited ~artncrship, and
BROWN SOCIATES, LTD. - II, a Flurida limited partnership, to CITY OF
CLEARWI TER .
..
First A1erican Title Insurance Cl}mpany
FATIC-203 (Rev. 9-78)
SCHEDULE 8-11
( Except ions)
Agent's File No.: 49365011
Commitment No. FA-CC- WR
Schedule B of the policy or policies to be iss~ed will contaill exceptions Lo the
following matters Ull1es~_ t~me_are disposed of to the satisfaction of the Company.
s, liens, encumbrdllcet), adverse claims, or other matters, any, created,
in Ie blic or r attd' . e effective
dat' reof rior to t Ie date the proposed Insured acquires for value of
record the estate or interest or mortgage thereon covered by this Commitment.
2, Any owner's pulicy issued pursuant hereto will cUJltain under Schedule B the
General Exceptions set forth at the inside cover hereof. Any loan pulicy will
contain under Schedule 8 General Exceptiuns 1, 2, 3 and 5 unless a satisfactory
survey dnd inspectiun of the premises is made and will contain General Exceptiuns
4 and 6, _______Jk~ ~
ffi In tl'l~l tillS Commitment is issued Witll respeL-t tu a constructiun luan tu be
U. ',::.-Grsed ir, fut . periodic ir~ e pulicy shall contain all
addi '. 'eption I ic all read as follows: ----- .t
"Pending disbursemellt uf the full pruceeut) uf the loan secured Uy the mortgage
insured, this polie; only insures the amuunt actually disbursed, but increases
at) proceeds are disbursed in good fai th alld wi thout knuwledge uf any
intervening lien or interest to or for Hie accuunt of the mortgagor up to the
amount of the policy. Such disbursement shall not extend the date of the
policy or change any part thereof unless such change is speciriL..ally made by
written endorsemellt duly issued on behalf of the Company. Upon n~4uest by the
insured (cHid payment of t he proper charges t rlcrefore,) t he Company wi 11 search
the public records subsequent to the date uf tile policy and furnish tu the
irlsured d cuntinuation report showing such matters affecting title to the land
at) they have appeared in the public records subsequent to the Jate uf the
policy or trle date of the last preceeding continuation report, and if such
continuatiun report shows intervening lien, ur liens, or interest to ur for
the account of the mortgagor, ttlen in such event this policy does not increase
in liability unless such matters as actually shown on such continuation report
are removed from the public records by the insured."
4, The lien of the Taxes fur the year 1993, which are not yet due and payable.
1992 Taxes Gross Amount $29,482.68 - PAID
NOVEMBER 30, 1992; Amount $28,303.37; TOTAL ASSESSED VALUE $1,330,800.00
Taxing District: CW - CLEARWATER
Humestead Exemption filed for 19927 NO
Other Exemptions: NO
Parcel Nu, 08/29/16/00000/440/0100 (Parcel #1)
See attached Schedule 8-11 Continued
--------
.
.
First Arterican Title Insurance C4mpany
Schedule 8-11 Continued
Ayent's File No.: 49365011
5. The lien of the Taxes for the year 1993, which are not yet due and payable.
1992 Taxes Gross Amount $34,369.87 - PAID
NOVEMBER 30, 1992; Amount $32,995.08; TOTAL ASSESSED VALUE $1,551,400.00
Taxing District: CW - CLEARWATER
Homestead Exemption Filed for 19927 NO
ot her Exempt iOlIS: NO
Parcel No. 08/29/16/00000/430/0100 (Parcel #2)
tfi':\ I f ~~~y ~een a rental uni t or nUil,owner
V~ubJ...iect to Tar . ble T' e8, whic re
exami, at ion b- n ma'e of sa'. xes. Upon request dJld payment
search e will conduct an examination for tangible taxes.
occupied property, it may
11
of an appropriate
7. Distribution Easement(s) granted to Florida Power Corporation by instrument(s)
recorded in O.R. Book 5591, Page(s) 1537, Public Records of Pinellas County,
Flor ida.
8. Subject to Storm Sewer and Drainage Easement by drld between Robert Rissmall, owner
of Friendly Village of Kapok Mobile Home Park, and V. Jack Kennedy, Harry F,
Roberts and Herbert G. Brown, d/b/a Island in the Sun Mobile Home Park, recorded
in O.fL Book 5570, Page 791, Public Records of Plnellas County, Florida.
9. Subject to easements for water main purposes granted tu Pinellas Water Company,
recorded in Deed Book 1465, Page 95, and Deed Buuk 1465, Page CJ7, Public Records
of Pinellas County, Florida.
10. Subject to Ordinance No. 4761-88 for annexation, recorded In O.R. Book 7037, Page
1947, Public Records uf Pinellds County, Florida.
11. Water, sewer or \:jarbage remuval service charges due and payable to any county or
municipal authority.
[
--~,,--.
.<"~.,,...-<;.....
-~-
I
i
ST ANDARD EXCEPTIONS FOR OWNER'S POLICY
The owner's policy will be subject to the mortgage, if any, noted under item one of Item 4 of
Schedule B-1 hereof and to the following general execptions:
2.
----_..-~'-
I. Rights claims of parties In possessIOn not shown 1iyTIlep~~~ds.
..--------~
of easements, not shown~blic records.
--~ 'A-'t lL-/
3. Encroachments, overlaps, ba ryline disputes, or other matters which would be disclosed
by an accurate surv Inspection e premises.
I -. ~
~-~
4. ~rtreJ( or right to a lien, for services, labor, or m
c-' law a .
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 special assessments which are not shown as existing liens by the public records.
CONDITIONS AND STIPULATIONS
I. 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 Commit-
ment other than those shown in Schedule B-1 and Schedule B-II 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 knowkdge. 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-1
and/or Schedule B-II of this Commitment accordingly, but such amendment shall not relieve the
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 com-
mitted 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-II 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 Cover-
age 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 I nsured 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 pro-
visions of this Commitment.
"
"
"",
I
I
AFFIDAVIT OF NO LIENS
STATE OF FLORIDA
COUNTY OF PINELLAS
appeared
produced
who did take
that:
BEFORE ME, the undersigned authority, personally
Affiant, to me personally known or who has
~/~ as identification and
an oath, who being first duly sworn deposes and says
1. Affiant is the owner of that real property located
at Pinellas County, Florida, and legally described as follows:
SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART
HEREOF BY REFERENCE.
2. Owner has possession of the property, and there is
no other person in possession with any rights or tenancies in the
aforesaid property unless listed or otherwise noted.
3. No Notice of Commencement affecting the above-
described property has been executed, recorded or posted by
Affiant.
4. There are no unrecorded labor, mechanics, or materi-
almen's liens against the property, and no labor has been per-
formed upon or materials furnished to the above-described prop-
erty for which payment in full has not been made or for which
valid liens could be filed. Affiant knows of no state or federal
judgment or lien of any kind or nature whatever upon the above-
described property.
5. There are no unpaid or pending bills or assessments
for electricity, water, sewage, garbage, or any utility or
service provided to the above-described property.
6. There are no unpaid taxes or bills, liens, or unpaid
assessments for sanitary sewers, paving, utility installation or
service, or other improvement made by any public utility or any
governmental agency, and no notice has been received of any pub-
lic hearing regarding pending or future assessments for improve-
ments by any governmental agency.
7. There are no unpaid or pending periodic maintenance
or management charges or assessments due any property owners,
homeowners, or condominium association. There are no payments
due or unpaid under the terms of any recreation lease or ground
lease affecting the above-described property.
8. There are no outstanding unrecorded contracts of
sale, deeds, leases, options, conveyances or mortgages affecting
the title to the above-described property.
9. There are no unrecorded easements or rights-of-way
created through use or adverse interest with respect to the
above-described property.
10. That there are no violations or breaches of any
covenants, conditions, or restrictions applicable to the above-
described property, including but not limited to, building set-
back violations, and in the event of such violations or breaches,
Affiant hereby agrees and does indemnify McMullen, Everett,
Logan, Marquardt & Cline, P.A. and the hereinafter identified
parties from any liability, loss, claim or cause of action
arising out of or in any way relating to any violations or
breaches of any such covenants, conditions, or restrictions.
11. Affiant makes the above representations effective as
""-
,~
I
I
of the execution hereof and also represents that between the date
of execution of the affidavit and the recording of the instrument
evidencing the interest to be insured that no action will be
taken that will alter the representations made above or otherwise
adversely affect the interest to be insured.
12. Section 1445 of the Internal Revenue Code provides
that a transferee (buyer) of a U.S. real property interest must
withhold tax if the transferror (seller) is a foreign person or
entity. To inform the transferee (buyer) that withholding of tax
is not required upon disposition of a U.S. real property inter-
est, Affiant hereby certifies the following:
A. The transferror is not a non-resident alien or
foreign corporation, partnership, trust or estate as those terms
are defined in the IRC and regulations for purposes of U.S.
income taxation;
number
is
B. The transferror's U.S. taxpayer identification
(Social Security Number or Employer Identification Number)
;
C. The transferror's home address or office
address is The
undersigned understands that this certification may be disclosed
to the Internal Revenue Service by the transferee or any repre-
sentative thereof and that any false statement made could be
punished by fine, imprisonment, or both.
13. If this affidavit is made in a representative
capacity, the undersigned represents and warrants that the under-
signed has the authority to make the representations made herein
and to execute all documents necessary to conclude the trans-
action contemplated hereby on behalf of the principal whom the
undersigned represents.
This affidavit is made for the purpose of inducing
McMullen, Everett, Logan, Marquardt & Cline, P.A. to issue title
insurance on the above-described property; and CITY OF
CLEARWATER, FLORIDA to purchase and make final payment for the
above-described property.
UNDER PENALTIES OF PERJURY, I DECLARE THAT I HAVE EXAMINED THIS
CERTIFICATION AND TO THE BEST OF MY KNOWLEDGE AND BELIEF IT IS
TRUE, CORRECT AND COMPLETE.
LTD. - II,
partnership
county
SWORN TO AND SUBSCRIBED before me, at Clearwater, said
and state, this "2 ,,"- day of {h'h ~ . 1993.
~
Notary ublic
Print N me
My Commission Expires:
~VP( OFFICIAl. NOTARY SEAL
:<.?- "6'(' HARRY' CUNE
O. /. R
<:.' ~T{ 0 COMMISSION NUMBE
~ . >' if : C C 18871 3
~~ .. # MV COMMISSION uP,
(C" OFf\.O _ APR. 9 1996
,
I
I
EXHIBIT "A"
A tract of land lying within Section 8, Township 29 South, Range
16 East, Pinellas County, Florida and being more particularly
described as follows:
Commence at the South 1/4 corner of said Section 81 thence
along the South line of the Southeast 1/4 of said Section 8, S.
890 41' 09" E., for 487.83 feet1 thence leaving said line, N. 010
25' 54" E., for 1289.21 feet to the Point of Beginning1 thence
continue, N. 010 25' 54" E., for 50.01 feet to the North line of
the South 1/2 of the Southeast 1/4 of said Section 8, said line
also being the South line of BRIGADOON OF CLEARWATER, as recorded
in Plat Book 91, pages 35 - 37 of the public records of Pinellas
County, Florida1 thence along said line and its Easterly
extension thereof, S. 890 36' 07" E., for 2233.68 feet to the
West right-of-way line of BAYVIEW AVENUE (CR 61), as recorded in
Official Record Book 5573, page 342 of the public records of
Pinellas County, Florida1 thence along said line, being 50 feet
West of and parallel to the East line of the Southeast 1/4 of
said Section 8, S. 000 12' 59" W., for 667.84 feet1 thence
leaving said line, N. 890 38' 38" W., for 688.22 feet1 thence S.
000 52' 06" W., for 618.37 feet to the North right-of-way line of
DREW STREET as recorded in Official Record Book 5573, page 342 of
the public records of Pinellas County, Florida1 thence along
said line, being 50 feet North of and parallel to the South line
of the Southeast 1/4 of said Section 8, N. 890 41' 09" W., for
713.51 feet1 thence leaving said line, N. 000 52' 06" E., for
757.44 feet to a easement line described in Deed Book 1465, page
95 and 97 of the public records of Pinellas County, Florida1
thence along said easement line, N. 240 10' 54" E., for 524.90
feet1 thence leaving said line, along a line being 50 feet South
of and parallel to the North line of the South 1/2 of the
Southeast 1/4 of said Section 8, N. 890 36' 06" W., for 1047.80
feet to the Point of Beginning, and containing 31.40 acres, more
or less.
--
-- -----
-
-
ALTA Owner's Policy (4-6-90) (With Florida Modifications in bold italics)
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 knowl-
edge.
3. Defects, liens, encumbrances, adverse claims or other matters:
(a) created, suffered, assumed or agreed to by the insured claimant;
(b) not known 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 for the 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.
CONDITIONS AND STIPULATIONS
5. PROOF OF LOSS OR OAMAGE.
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 swom to by the insured claimant shall be
fumished 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 claimant 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 re-
gard to the matter or matters requiring such proof of
loss or damage,
In addition, the insured claimant may reasonably
be required to submitto examination under oath by any
authorized representative of the Company and shall
produce for examination, inspection and copying, at
such reasonable times and places as may be desig-
nated 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 repre-
sentative of the Company, 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, correspon-
dence 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 necessary in the administration of the claim, Failure
ofthe insured claimantto submitforexamination under
oath, produce other reasonably requested information
or grant permission to secure reasonably necessary
information from third parties as required in this para-
graph shall terminate any Iiabilityofthe Company under
this policy as to that claim,
1. DEFINITION OF TERMS,
Thefollowing 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 opera-
tion of law as distinguished from purchase including,
but not limited to, heirs, distributees, devisees, survi-
vors, personal representatives, next of kin, or corporate
or fiduciary successors,
(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
Schedule 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 knowl-
edge, With respect to Section 1 (a)(iv) of the Exclusions
From Coverage, "public records" shall also include
environmental protection 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
apparent 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 pur-
chase by virtue of a contractual condition requiring the
deliveev of m~rkelable 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,
-
the Company 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, adverse to the title as insured,
(c) The Company shall not be liable for loss or
damage 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, attomeys' fees and expenses, shall
reduce the amount of the insurance pro tanto,
11. LIABILITY NONCUMULATIVE
It is expressly understood that the amount of
insurance under this policy shall be reduced by any
amount the Company may pay under any policy insur-
ing a mortgage to which exception is taken in Schedule
B orto which the insured has agreed, assumed, ortaken
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 fumished to the satisfac-
tion of the Company,
(b) When liability and the extent of loss or damage
has been definitely fixed in accordance with these
Conditions and Stipulations, the loss or damage shall
be payable within 30 days thereafter.
13. SUBROGATION UPON PAYMENT OR
SETTLEMENT.
(a) The Comoanv's Rioht of Subroaation.
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 en-
titled to all rights and remedies which the insured
clailnt would have had against any person or prop'
erty respect to the claim had this policy not been
iss ' If requested by the Company, the insured
claimant shall transfer to the Company ali rights and
~ -
First Amtrican Title Insurance C01j1pany
FMIC-521
SCHEDULE A
Agent's File No.: 49365011
Policy No. FA-R- 167379
167379 Wf~
Date of Policy: March 26, 1993 at 05:51 PM
Amount of Insurance: $1,500,000.00
1. Name of Insured:
CITY OF CLEARWATER, FLORIDA, a Florida municipal corporation
2. The estate or interest in the land which is cov~red by this policy is:
Fee Simple
3. Title to the estate or int~rest in the land is vested in:
CITY OF CLEARWATER, FLORIDA, a Florida municipal corporation
4. The land referred to in this policy is described as follows:
SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF
MCMULLEN, EVERETT, LOGAN, MARQUARDT &
CLINE, P.A
D 51 RFTT
.. 34615
------.-----.-----------.--
'_ ......J r"~__ .....
1'11..1 L Ill) I 1 LI~"J ,) 1'.111.:11, IJ r /'
First Amtrican Title Insurance Cotzpany
EXHIBIT A
A tract of land lying within Section 8, Township 29 South, Range
16 East, Pinellas County, Florida, and being more particularly
described as follows:
Commence at the South 1/4 corner of said Section 8; thence along
the South line of the Southeast 1/4 of said Section 8, South
89041'09" East, for 487.83 feet; thence leaving said line, North
01025'54" East, for 1,289.21 feet to the Point of Beginning;
thence continue, North 01025'54" East, for 50.01 feet to the
North line of the South 1/2 of the Southeast 1/4 of said Section
8, said line also being the South line of BRIGADOON OF
CLEARWATER, as recorded in Plat Book 91, Pages 35 through 37,
Public Records of Pinellas County, Florida; thence along said
line and its Easterly extension thereof, South 89036'07" East,
for 2,233.68 feet to the West right-of-way line Bayview Avenue
(CR 61), as recorded in O.R. Book 5573, Page 342. Public Records
of Pinellas County, Florida; thence along said line, being 50
feet West of and parallel to the East line of the Southeast 1/4
of said Section 8, South 00012'59" West. for 667.84 feet; thence
leaving said line, North 89038'38" West, for 688.22 feet; thence
South 00052'06" West. for 618.37 feet to the North right-of-way
line of Drew Street, as recorded in O.R, Book 5573. Page 342,
Public Records of Pinellas County, Florida; thence along said
line, being 50 feet North of and parallel to the South line of
the Southeast 1/4 of said Section 8, North 89041'09" West, for
713,51 feet; thence leaving said line, North 00052'06" East, for
757,44 feet to an easement line described in Deed Book 1465,
Pages 95 and 97, Public Records of Pinellas County, Florida;
thence along said easement line, North 24010'54" East, for
524.90 feet; thence leaving said line, along a line being 50
feet South of and parallel to the North line of the South 1/2 of
the Southeast 1/4 of said Section 8, North 89036'06" West. for
1,047,80 feet to the Point of Beginning,
l_
First A~rican Title Insurance Cotzpany
".~.
FATIC-,S22
SCHEDULE B
Agent's File No.: 49365011
Policy No. FA-R-
167379 WR
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. Easements, or claims of easements, not shown by the public records.
3. Encroachments, overlaps, boundary line disputes, or other matters heretofore or
hereafter furnished, imposed by law and 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 special assessments which are not shown as existing liens by the public
records,
NOTE: Exceptions numbered I, 4, 5 and 6 above are hereby deleted.
De/e~lPecial Exceptions: "
'"7.1I..Q.e lien of all taxes for the year 1993)
~
8, Distribution Easement(s) granted to Florida Power Corporation by instrument(s)
recorded in O.R. Book 5591, Page(s) 1537, Public Records of Pinellas County,
Florida,
9. Subject to Storm Sewer and Drainage Easement by and between Robert Rissman, owner
of Friendly Village of Kapok Mobile Home Park, and V. Jack Kennedy, Harry F.
Roberts and Herbert G. Brown, d/b/a Island in the Sun Mobile Home Park, recordecl
in O,R, Book 5570, Page 791, Public Records of Pinellas County, Florida,
10. Subject to easements for water main purposes granted to Pinellas Water Company,
recorded in Deed Book 1465, Page 95, and Deed Book 1465, Page 97, Public Records
of Pinellas County, Florida.
11. Subject to Ordinance No. 4761-88 for annexation, recorded 1n O.R. Book 7037, Page
1947, Public Records of Pinellas County, Florida.
u, 'Mas 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 conveyance of the estate or interest. This
policy shall-not conti~Je in force in favor of any pur-
chase~from the j'ijll)ured of either (i) an estate or interest
in the land, or (ii) an indebtedness secured by a pur-
chase 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 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 the
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 sub-
ject 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 proceed-
ing or to do any other act which in its opinion may be
necessary or desirable to establish the title to the estate
or interest, as insured, or to prevent or reduce loss or
damage to the insured. The Company may take any
appropriate action undertheterms ofthis 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 para-
graph, 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 re-
quires 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, prosecuting or defend-
ing 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 obli,
gations to the insured under the policy shall terminate,
including any liability or obligation to defend, pros-
ecute, or continue any litigation, with regard to the
matter or matters requiring SL!ch cooperation,
'--,,-"--
shall have the following additional options:
(a) To Pavor Tender Pavment of the Amount of
suran e,
To payor tender payment of the amount of insur-
ance 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 or tender of payment and which the Com-
pany is obligated to pay,
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 de-
fend, prosecute, or continue any litigation, and the
policy shall be surrendered to the Company for cancel,
lation,
(b ) To Pavor Otherwise Settle With Parties Other
than the Insured or With the Insured Claimant.
(i) to payor otherwise settle with other par-
ties for or in the name of an insured claimant any claim
insured against under this pOlicy, together with any
costs, attorneys' fees and expenses incurred by the
insured claimant which were authorized by the Com-
pany 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 pay-
ments required to be made, shall terminate, including
any liability or obligation to defend, prosecute or con-
tinue 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 Sched-
ule A, or,
(ii) the difference between the value of the
insured 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) (This paragraph dealing with Coinsurance
was removed from Florida policies.)
(c) The Company will pay only those costs, attor-
neys' fees and expenses incurred in accordance with
Section 4 of the 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 ofthe 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 tothe whole, exclusive of
any improvements 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 OF LIABILITY.
(a) If the Company establishes the title, or re-
moves the alleged defect, lien or encumbrance, or cures
the lack of a right of access to orfrom 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 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 litiga-
tion by the Company or with the Company's consent,
--........,:..
remedies against any person or property necessary in
orJto perfect this right of subrogation, The insured
clai nt shall permit the Company to sue, compromise
or tie 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, butthe 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, lostto
the Company by reason of the impairment by the
insured claimantofthe Company's rightofsubrogation,
(b) The ComDanv's RiDhts ADainst 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,
guaranties, other policies of insurance or bonds, not-
withstanding any terms or conditions contained in
those instruments which provide for subrogation rights
by reason of this policy,
14. ARBITRATION.
Unless prohibited by applicable law, arbitration
pursuant to the Title Insurance Arbitration Rules of
the American Arbitration Association may be de.
manded 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, and 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 attorneys'
fees only if the laws of the state in which the land is
located permit a court to award attorneys' tees to a
prevailing party, Judgment upon the award rendered
by the Arbitrator(s) may be entered in any court
having juriSdiction thereot.
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
Company upon request.
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
interpreting 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
validating officer or authorized signatory of the Com,
pany
16. SEVERABILITY,
In the event any proviSion of the policy is held
invalid or unenforceable under applicable law, the policy
shall be deemed not to include that provision and all
other proviSions 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 addressed to the Company, Attention: CI?ims
Department, 114 East Fifth Street, Santa Ana, California
92701,
FATle 520
l
J
TAX ESCROW AGREEMENT
SELLERS:
KENNEDY ASSOCIATES, LTD., a Florida limited
partnership
ROBERT ASSOCIATES, LTD. - II, a Florida limited
partnership
BROWN ASSOCIATES, LTD. - II, a Florida limited
partnership
DATE:
MARCH 26, 1993
RE:
SALE OF DREW STREET TO CITY OF CLEARWATER
TAX ESCROW LETTER
DESCRIPTION: portion of property lying in 8-29-16, Pinellas
County, Florida.
----------------------------------------------------------------
Purchaser is acquiring a portion of a larger tract owned
by Seller, copies of the survey have been delivered to the Tax
Assessor's Office, to the attention of Mr. Prentice Dort, to
compute the proper tax values to be ascribed to the parcels to be
sold, and to provide data for proration purposes, to the extent
taxes are due.
The law firm of McMullen, Everett, Logan, Marquardt &
Cline, P.A., 400 Cleveland Street, Suite 800, Clearwater, FL
34615, as closing agent, has retained the sum of $15,000 from the
proceeds paid incident to the closing, pending resolutin of the
proper tax prorations, if any.
Upon determination of proper tax values, and taxes
prorations, funds will be distributed to the City of Clearwater,
as directed by the Tax Assessor's Office, or to the Tax
Assessor's Office if so directed, and any remaining funds will be
released to the Seller.
HARRY S. CLINE, the attorney closing the transaction,
represents that he has been authorized on behalf of the Seller to
further sign this agreement as a commitment for the said Sellers
to reprorate taxes upon issuance of any tax bill for said
properties which varies from any prorations used under the
hereinabove described procedure, with the Sellers and Purchaser
to reprorate taxes directly between them based upon any
subsequent tax bill.
"II ~
EXECUTED this ~ ~~ay of March, 1993.
In the Presence of:
~
LOGAN,
P.A.
~/
(SEAL
CITY OF CLEARWATER, FLORIDA,
a Florida municipal corporation
By :/lfja:&' r/7(hl,/a (SEAL)
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