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FIRST BAPTIST CHURCH OF CLEARWATER INCORPORATED " p. K{iRLEEN F, DE I PIrf' LAS Cn:jtJTY'~ FUXlDc! 01-120588 RPR-17-200 1 10: 41FlM PINELLRS CO 8K 11~16 PG 1678 ---~ PREPARED BY AND RETURN TO: THOMAS C. NASH, II, Esquire Macfarlane Ferguson & McMullen 625 Court Street, Suite 200 . Post Office Box 1669 (33757) , ,.' 11 Clearwater, Florida 33756 , Pi\GI'::S ..,. ACCT IJ ::::t>.lfJ - ' CHG M.rr ~ CK AMT ----- frEe- ~so= g~ DR219 =--=--= WARRANTY DEED INT ------ FEES -- MTF PIC ~ ~~~ THIS INDENTURE made this ~ day of September, 2000, between FIRST BAPTIST CHURCH OF CLEARWATER INCORPORATED, a corporation existing under the laws of the State of Florida, having its principal place of business in the County of Pinellas, State of Florida, Party of the First Part, whose mailing address is 311 Cleveland Street, Clearwater, FL 33756 and CITY OF CLEARWATER, FLORIDA, a municipal corporation of the County of Pinellas, in the State of Florida, Party of the Second Part, whose mailing address EC!:< is ~AG ,:)/"'..- P\~g~~ J [;F~2'~ 9 ~ OS _._"-- \ NT _----'- i ~!~~:,c; __._0__ City Hall, 112 South Osceola Avenue, Clearwater, FL 33756. WIT N E SSE T H: ,,' ~ ' That the said Party of the First Part, for and in considera- '-,.,._, 1;0 L~~~on of the sum of Ten Dollars ($10.00) to it in hand paid by the '--~id Party of the Second Part, the receipt whereof is hereby acknowledged, has granted, bargained and sold to the said Party of the Second Part, forever, the following described land, situate lying and being in the County of Pinellas, State of Florida, to- wit: SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF BY - ___''''- - - -, ,.-,. -_k ,-,..,. ___".t:::';';;_.__:" -' REFERENCE. Subject to 2000 real estate taxes, restrictions, reserva- tions and easements of record. Parcel I.D. No. IS 08/29/16/00000/340/0400 , j .. /:J .(' ;!//~r I $4:l O?5"CV~ $4 ~ 075.~ 00 $,00 >-%jo..>-3 I-'ro;:T o Ul 1-" 1-1 n Ul 1-" 1-1 0.. 1-" 0.. po '0 ro . rt ro 1-" 0.. o >-3 ::i 1-" ;:T Ul ro 0 !-too" n ro o rt 1-'- 1-1 ;:T ::i l-lrooo ro n 0.. 1-1 rt ro ro ro I 1-'0..1-1 ro ro 00 1-1 n po ro 0 I-' n 1-1 o 0.. 0.. 1-1 ro roo..o.. Ul ro n 0.. Ul 1-1 0 1-'- 1-" '0 ::i po rt Ul 1-" 0 o . rt ::i :::0 0 1-'- n Ul b;j 0 o 1-1 po 0 1-1 ::i ,.,. ro ::i n ro ..... rt ~ ..... III 0 rt o..'-l;:T .....ro .. rt rt 0'00.;.::: Po '0 rtooo ;:Trooo 1-" 1-1 UlNPO 0'0 o..W;:T ro 0"1 1-" ro.. n 0.. po '01-' po ~, en 0" ro 1-'1-1 1-" 1-1 t>:Ino ~ 1-1 ;:TI-I 1-" ro :<: o"n;:T 1-" 0 1-" rt 1-1 n o..;:T ,: Ul :;t> po I 0 '0 ..... !-to '0 : ro t-dpo 1-'- 1-1 ::l ro ro 0.. I-' I-' 1-" po ::i Ul rt CJ;:T o ro ~ ::i I-' rt ro '-<00 .. po I-' ( , ' J I ~lNELLAS COUNTY FLA, ad ,"'EC, ;Il 11071 ~_2037 ~lNELLAS COUNTY FLA, OFF ,REC ,8K 11318 ~G 1880 And the 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. IN WITNESS WHEREOF, the said Party of the First Part has caused these presents to be signed in its name by its President and Chairman of Deacons, and its corporate seal to be affixed, the day and year above written. Signed, in Our Delivered FIRST BAPTIST CHURCH OF CLEARWATER INCORPORATED Print By: '6> ,(QLj}en..J ~ -m (SEAL) B. CLI~RD WILLIAMS, III President and Chairman of Deacons ~~ .u/I-L ' , . 'int Name e C (-\"J~ (CORPORATE SEAL) STATE OF FLORIDA COUNTY OF PINELLAS I HEREBY CERTIFY that before me personally appeared B. CLIFFORD WILLIAMS, III, as PRESIDENT AND CHAIRMAN OF DEACONS, of FIRST BAPTIST CHURCH CLEARWATE INCORPORATED, a Florida corporation, to me personally known or who have produced en 1 lcation, known to me to be the person described in and who executed the foregoing instrument, and severally acknowledged the execution thereof to be his free act and deed as such officer, for the uses and purposes therein expressed, and that he affixed thereunto the official seal of said corporation and the said instrument is the act and deed of said corporation. " ',-- ,-- ,'._.....",__"_:....,,.-_,.__0_...',',....__, WITNESS my hand and seal at Clearwater this day of September, 2000. H:\oata\REL\BOLLE\CALVARY,OED -2 - ;" e-i;;' J . . Orr,R~c 8K COUNTY rLA, . 11 PO 2038 EXHIBIT "A" PINELLAS COUNTY rLA Orr,REC,8K 11318 PO 1681 The North 466.76 feet of South 516.77 feet of East 466.76 feet of the Southeast 1/4 of the Southwest 1/4 of Section 8, Township 29 South, Range 16 East, LESS the South 50 feet conveyed in O.R. Book 3395, page 494, to the City of Clearwater, situated in Pinellas County, Florida. _ _.=::-~____"_-::,~,'_~--:-:-._-cc..~_ f,_ ," . , .. PINELLAS COUNTY FLA, OFF,REC,8K 11316 PG 1682 EXHIBIT "A-1" The North 466.76 feet of South 516.77 feet of East 466.76 feet of the Southeast 1/4 of the Southwest 1/4 of Section 8, Township 29 South, Range 16 East, situated in Pinellas County, Florida. KARlEEN F. DE BlAKER, CLERK OF COURT PIHELLAS COUNTV, FLORIDA 2C167204 04-17-2001 10:40:38 YMW 51 DED-RE RECORD FIRST BAPTIST [}JU 3010 - 00000336 ID: BK: SPG: EPG: RECORDING 004 PAGES 1 $19.50 t ~AIiJIJIT ~OTrt: BY ""'fu- .!lPUTV CLERK $19.50 $19.50 '. .\ ~ FATIC.213X ALTACommilment (1982~ . " . First American Title Insurance Company . SCHEDULE A Issuing Office File No.' 114014-4-00 ~ rlLL<>~\'>-~ 1. Commitment Date: August ~ 05:00 PM 110258 2. Policy or Policies to be issued: (a) Owner's Policy (Identify policy type below) Policy Amount: $ 580, 000 .00 ALTA Owner's Policy (10-17-92) (With Florida Modifications) Proposed Insured: CITY OF CLEARWATER (b) Loan Policy (Identify policy type below) Policy Amount: $ ALTA Loan Policy (10-17-92) (With Florida Modifications) Proposed Insured: (c) Other (Identify policy type below) Policy Amount: $ ALTA Loan Policy (10-17-92) (With Florida Modifications) Proposed Insured: 3. A ,Fee Simple interest in the land described in this Commitment is owned at the Commitment Dat~ by: FIRST BAP~IST CHURCH OF CLEARWATER, INC., D/B/A CALVARY BAPTIST CHURCH 4. The land referred to in this Commitment is described as follows: The North 466.76 feet of South 516.77 feet of East 466.76 feet of the Southeast 1/4 of the Southwest 1/4 of Section 8, Township 29 South, Range 16 East, LESS the South 50 feet conveyed in O.R. Book 3395, page 494, to the City of Clearwater, situated in Pinellas County, Florida. By: Issue Date: Auqus t 17, 2000 @) TillS COMMITMENT IS FURNISHED BY FIRST AMERICANTITLEINSURANCECOMPANYOR ITS POLICY ISSUING AGENT SOLEL YFOR THE ISSUANCE OF A POLICY OR POLICIES OF TITLE INSURANCE OF FIRST AMERICANTITLEINSURANCE COMPANY. TillS COMMITMENT IS NOT AN ABSTRACT OR AN OPINION OF TITLE. LIABILITY UNDER TillS COMMITMENT IS DEFINED BY AND LIMITED TO THE TERMS AND CONDITIONS OF TillS COMMITMENT AND THE TITLE INSURANCE POLICY TO BE ISSUED. PERSONS AND ENTITIES NOT LISTED ABOVE AS PROPOSED INSURED ARE NOT ENTITLED TO RELYUPON TillS COMMITMENT FOR ANY PURPOSE. FATIC-202 (Rav, 9-78) , ~rican ~itle ~ns~ance ~pany First SCHEDULE B-1 (Requirements) Agent's File No,: 114014 -4 - 00 Commitment No. FA-CC- DP/DK he following are the requirements to be complied with: 1. Payment to, or for the account of, the grantors or mortgagors of the full consideration for the estate or interest to be insured. Payment of all taxes, assessments, levied and assessed against subject premises, which are due and payable. Satisfactory evidence shall be produced that all improvements and/or repairs or alterations thereto are completed; that contractor, subcontractor, labor and materialmen are paid in full. 4. Instruments in insurable form which must be properly executed, delivered and duly filed for record: a. Submit a proper Owner/Seller's Affidavit satisfactory to insure against unrecorded mechanic's liens. b. Submit a proper survey certified to all parties involved in this transaction, including but not limited to, First American Title Insurance Company. o~ c. Warranty Deed from FIRST BAPTIST CHURCH OF CLEARWATER, INC., D/B/A CALVARY BAPTIST CHURCH to CITY OF CLEARWATER conveying premises described under Schedule A. d. Satisfactory evidence must be furnished as to the proper incorporation of FIRST BAPTIST CHURCH OF CLEARWATER, INC., a Florida corporation, prior to the acquisition of property described in Schedule A, together with proof as to the current status of said corporation. The Company reserves the right to make such additional requirements as it may deem necessary. . Written evidence, from appropriate governmental authorities, that City and County Special Assessment Liens, and water, sewer and trash removal charges, if any, have been paid. FAT - 203 (Rl'v, 10-92) . ., a Ariierican Title '~~ance dllnpany First SCHEDULE B-II (Exceptions) Agent's File No.: 114014-4-00 Commitment No. FA-CC- DP/DK Schedule B of the policy or policies to be issued will contain exceptions to the following matters unless the same are disposed of to the satisfaction of the Company. ,A!:1 {;).x: Defects, liens, encumbrances, adverse claims, or other matters, if any, created, first appearing in the public records r~ or attaching subsequent to the effective date hereof but prior to the date the proposed Insured acquires for value of ~_ record the estate or interest or mortgage thereon covered by this Commitment. ;;t? 2 Rights or claims of parties in possession not shown by the public records. 3. Easements, or claims of easement, not shown by the public records. 4. Encroachments, overlaps, boundary line disputes, or other matters which would be disclosed by an accurate survey or inspection of the premises. 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. 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, Taxes or special assessments which are not shown as existing liens by the public records. Any minerals or mineral rights leased, granted or retained by current or prior owners The lien of the Taxes for the year 2000, and all subsequent years, which are not yet due and payable. 1999 Taxes Gross Amount $9,374.82 - PAID $8,999.83 on November 30, 1999; Total Assessed Value $408,000.00 Taxing District: CW-CLEARWATER Homestead Exemption filed for 1999? NO Other Exemptions: NONE Parcel No. 08/29/16/00000/340/0400 10. Personal Property Taxes - NONE FOUND 11. Ter.ms and provisions of all agreements and franchises pertaining to the cost, installation, operation, and maintenance of gas, water and/or sewer facilities. (Owner's Policy only) . . ~~'r . Florida Promulgated Closing Service Letter The operation and scope of the following closing protection letter ('"Letter") is limited to the transaction which is the'subject of the commitment to which this Letter is attached and is also directed to those person(s) and/or entity(ies) set forth in the Letter and identified as a proposed insured in the commitment. RE: Issuing Agent: Agent countersigning the attached commitment. When title insurance of First American Title Insurance Company is specified for your protection in connection with closings of real estate transactions in which you are to be the lessee or purchaser of an interest in land or a lender secured by a mortgage (including any other security instrument) of an interest in land, the First American Title Insurance Company, subject to the Conditions and Exclusions set forth below, hereby agrees to reimburse you for actual loss incurred by you in connection with such closing when conducted by said Issuing Agent when such loss arises out of: 1, Failure of said Issuing Agent to comply with your written closing instructions to the extent that they relate to (a) the status of the title to said interest in land or the validity, enforceability and priority of the lien of said mortgage on said interest in land, including the obtaining of documents and the disbursement of funds necessary to establish such status of title or lien, or (b) the obtaining of any other document, specifically required by you, but not to the extent that said instructions require a determination of the validity, enforceability or effectiveness of such other document, or (c) the collection and payment of funds due you, or 2, Fraud or dishonesty of said Issuing Agent in handling your funds or documents in connection with such closing, If you are a lender protected under the foregoing paragraph, your borrower in connection with a loan secured by a mortgage on a one to four family dwelling shall be protected as if this letter were addressed to your borrower, Conditions and Exclusions A The First American Title Insurance Company will not be liable to you for loss arising out of: L Failure of said Issuing Agent to comply with your closing instructions which require title insurance protection inconsistent with that set forth in the title Insurance binder or commitment issued by the First American Title Insurance Company, Instructions which require the removal of specific exceptions to title or compliance with the requirements contained in said binder or commitment shall not be deemed to be inconsistent. 2, Loss or impairment of your funds in the course of collection or while on deposit with a bank due to bank failure, insolvency or suspension, except such as shall result from failure of said Issuing Agent to comply with your written closing instructions to deposit the funds in a bank which you designated by name. 3. Mechanics' and materialmen's liens in connection with your purchase or lease or construction loan transactions, except to the extent that protection against such liens is afforded by a title insurance binder, commitment or policy of the First American Title Insurance Company, 4. The periodic disbursement of construction loan proceeds or funds furnished by the owner to pay for construction costs during the construction of improvements on the land to be insured, unless an officer of the company has specifically accepted the responsibility to your for such disbursement program in writing. B. When the First American Title Insurance Company shall have reimbursed you pursuant to this letter, it shall be subrogated to all rights and remedies which you would have had against any person or property had you not been so reimbursed, Liability of the First American Title Insurance Company for such reimbursement shall be reduced to the extent that you have knowingly and voluntarily impaired the value of such right of subrogation. C. Any liability of the First American Title Insurance Company for loss incurred by you in connection with closings of rea] estate transactions by said Issuing Agent shall be limited to the protection provided by this letter. However, this letter shall not affect the protection afforded by a title Insurance binder, commitment or policy of First American Title Insurance Company. The dollar amount of liability hereby incurred shall not be greater than the amount of the title insurance binder, commitment or policy of title insurance to be issued, and liability hereunder as to any particular loan transaction shall be coextensive with liability under the policy issued to you in connection with such transaction. Payment in accordance with the terms of this letter shall reduce by the same amount the liability under such policy, and payment under such policy shall reduce by the same amount the company's liability under the terms of this letter, D, Claims ofloss shall be made promptly to the First American Title Insurance Company at its principal office at I First American Way, Santa Ana, California 92707, When the failure to give prompt notice shall prejudice the First American Title Insurance Company, then liability of the First American Title Insurance Company hereunder shall be reduced to the extent of such prejudice, The First American Title Insurance Company shall not be liable hereunder unless notice of loss in writing is received by the First American Title Insurance Company within ninety (90) days from the date of discovery of such loss, E. Nothing contained herein shall be construed as authorizing compliance by any issuing agent with any such closing instructions, compliance with which would constitute a violation of any applicable law, rule or regulation relating to the activity of title insurers, their issuing agents, and their failure to comply with any such closing instructions shall not create any liability under the terms of this letter. F. The protection herein offered will be effective until cancelled by written notice from the First American Title Insurance Company. Any previous insured Closing Service letter or similar agreement is hereby cancelled, except as to closings of your real estate transactions regarding which you have previously sent (or within 30 days hereafter send) written closing instructions to said Issuing Agent. FIRST AMERICAN TITLE INSURANCE COMPANY By: ~tf.:i 'I" ' .. I AFFIDAVIT OF NO LIENS STATE OF FLORIDA COUNTY OF PINELLAS BEFORE ME, the undersigned authority, personally appeared Affiant, who being fir~t duly sworn deposes and says that: ~\ 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. hereinafter referred tb as the "property". 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. I 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 I s liens against the property, and no labor has been performed upon or materials furnished to the above-described property 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 pending or threatened claims of any kind or nature, from any source, against the undersigned, or any of them, which could result in the imposition of liens, judgments, encumbrances or other clouds on title on the property described herein, whether from any individual, entity or governmental body, state or federal. 6. 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. 7. 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 public hearing regarding pending or future' assessments for improvements by any governmental agency. 8. There are no unpaid or pending periodic maintenance or management charges or assessments due any property owners, home- owners, or condominium association. There are no payments due or unpaid under the terms of any recreation leas~ or ground lease affecting the above-described property. 9. There are no outstanding unrecorded contracts of sale, deeds, leases, options, conveyances or mortgages affecting the title to the ~bove-described property. 10. There are no unrecorded easements or rights-of-way created through use or adverse interest with respect to the above- described property. 11. That there are no violations or breaches of any cove- nants, 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, ". I Affiant hereby agrees and does indemnify Macfarlane Ferguson & McMullen 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. 12. Affiant makes the above representations effective as 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. 13. Section 1445 of the Internal Revenue Code provides that a transferee (buyer) of a U.S. real property interest must withhold tax if the transferor (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 interest, Affiant hereby certifies the following: A. The transferor 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; B. The transferor IS U. S. taxpayer identification number l (Social Security Number or Employer Identification Number) is C. The transferor's home address or office address is The undersigned understands that this certification may be disclosed to the Inter- nal Revenue Service by the transferee or any representative thereof and that any false statement made could be punished by fine, imprisonment, or both. 14. If this affidavit is made in a representative capacity, the undersigned represents and warrants that the undersigned has the authority to make the representations made herein and to execute all documents necessary to conclude the transaction contem- plated hereby on behalf of the principal whom the undersigned represents. 15. There are no present violations on the land of any enforceable covenants, conditions' or restrictions, nor do any existing improvements on the land violate building set back lines shown on a plat of subdivision recorded or filed in the public records. 16. As to instruments referred to above, none provide a lien for liquidated damages, provide for private charges or assessments, or provide for an option to purchase, a right of first refusal or the prior approval of a future purchaser or occupant. This affidavit is made for the purpose of inducing Macfarlane Ferguson & McMullen to issue title insurance on the above-described property; and CITY OF CLEARWATER, FLORIDA, a municipal corporation, to purchase and make final payment for the above-described property. -2- t.-, . r' .'_ I 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. FIRST BAPTIST CHURCH OF CLEARWATER INCORPORATED By: ~,~cC L~~ ';1\ B. CLIF WILLIAMS, III President and Chair.man of Deacons STATE OF FLORIDA COUNTY OF PINELLAS me personally appeared B. and CHAIRMAN OF DEACONS, of NCORPORATED, a Florida known r who have produced lcation, known to me to be the w 0 executed the foregoing instrument, and severally acknowledged the execution thereof to be his free act and deed as such officer, for the uses and purposes therein expressed, and that he affixed thereunto the official seal of'said corporation and the said instrument is the act and deed of said corporation. I HEREBY CERTIFY CLIFFORD WILLIAMS, III, FIRST BAPTIST CHURCH corporation, to me W~~~my hand and seal at Clearwater, this' ~y of September, 2000. tate, Notary Public Print Name My Commi " <;>.'i PUt/ Tl-OAAS 0'''' , {"c- coMt.I\sslCtl tllJl,lBER ~ ~ CC811036 E)(PlRES ~ S w,v (;OMl.AlSSlCtl ;'", o~' t.'lAR, 14 2003 ~OF f\. H:\Data\REL\BOLLE\CALVARY,AFF -3- , ,I EXHIBIT "A" The North 466.76 feet of South 516.77 feet of East 466.76 feet of the Southeast 1/4 of the Southwest 1/4 of Section 8, Township 29 South, Range 16 East, LESS the South 50 feet conveyed in O.R. Book 3395, page 494, to the City of Clearwater, situated in Pinellas County, Florida. (TP 10/99) ALTA Owner's Policy (10-17-92) (With Florida Modifications) " FATlc-p21 First Aderican Title Insurance CLmpany SCHEDULE A Date of Policy: October 2, 2000 05:13:00 PM Policy No. FA-35-456235 FATCO-114014 JH Amount of Insurance $ 580,000.00 Agent's File No.: 114014-4-00 1. Name of Insured: CITY OF CLEARWATER, FLORIDA, a Municipal Corporation 2. The estate or interest in the land which is covered by this policy is: Fee Simple 3. Title to the estate or interest in the land is vested in: CITY OF CLEARWATER, FLORIDA, a Municipal Corporation 4, The land referred to in this policy is described as follows: The North 466.76 feet of South 516.77 feet of East 466.76 feet of the Southeast 1/4 of the Southwest 1/4 of Section 8, Township 29 South, Range 16 East, LESS the South 50 feet conveyed in O.R. Book 3395, page 494, to the City of Clearwater, situated in Pinellas County, Florida. MACFARLANE FERGUSON & MCMULLEN 625 COURT STR ET CLEARWATER, tiJ By: 'co FATIC-,52~' First AJerican Title Insurance CLmpany SCHEDULE B Agent's File No.: 114014-4-00 Policy No. FATCO-114014 JH This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' 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 which would be disclosed by an accurate survey or inspection of the premises, 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 1 through 6 above are hereby deleted. Special Exceptions: 7. The lien of all taxes for the year 2000, and all subsequent years, which are not yet due and payable. 8. Any minerals or mineral rights leased, granted or retained by current or prior owners .. and whiG:1r might calise loss or damage for which 'he Company may be liable by virtue of tliis policy, or (iii) if 'i,re to the esta'e or interest, as insured, is rejected as unmarketable, If prompt no'ice shall no' be given to the Company, then as to the insured all Iiabili'y of 'he Company shall 'erminate with regard '0 'he matter or mallers for which prompt notice IS required; provided, however, 'hat failure '0 nolify the Company sliall in no case prejudice the rights of any insured under this policy unless the Company shall be prejudiced by the failure and then only '0 the extent of t5lUlrejudice. 4, DEFENSE AND PROSECUTION OF ACTION~ DUTY OF INSURED ClAIMANT Tv COOPERATE. (a) Upon written reques' by the insured and subject to the optIons contained in Section 6 of these Conditions and Stipula'ions, the Company, at its own cost and without unreasonable delay, shall provide for the defense of an insured in lilJgation in which any third party asserts a claim adverse to the title or interes' as msured, but only as to those stated causes of action alleging a defec', lien or encumbrance or other maller insureo against by this policy, The Company shall have the right to select counsel of its choice (subject to 'he right of 'he insured to object for reasonable cause) to represen' the insured as to those sta'ed causes of action and shall no' be liable for and will not pay 'he fees of any other counseL The Company will no' pay any fees, cos's or expenses incurred by 'he insured in 'he defense of those causes of ac'ion which allege mallers no' insured against by this policy. (b) The Company shall have ,he right, at i's own cost, to msti'u'e and prosecu'e any action or proceeding or '0 do any other act which in i's opinion may be necessary or desirable to establish the title to the estate or interest, as insurec1. or to preven' or reduce loss or damage to the insured. I he Company may take any appropriate action under 'he terms of this policy, whe'her or not i' shall be liable hereunder, and sllall not 'hereby concede liabili'y or waive any provision of this policy. If the Company shal! ~xercise I'S rights under tllis paragraph, i' shall do so dlhgently. (c) Whenever the Company shall have brought an action or in'erposed a defense as required or permitted by lhe proviSIOns of this policy, 'he Company may pursue any litigation to final determina'ion by a court of compe'en' jUTlsdiction and expressly reserves 'he righ', in i's sole discrelion, to appeal from any adverse jUd~en' or order. ( In all cases where this policy permits or requires the ompany to prosecute or proVIde for the defense of any action or proceeding, the, msured shall secure to the Company 'he right '0 so prosecute or provide defense in 'he action or proceeding, and all appeals 'herein, and permit 'he Company to use, at its op'ion, the name of 'he insured for this purpose, Whenever requested by the Company'" the insured, at 'he Company's expense, shall give 'he, UJmpany ,all reas~nable aid (11. i!, any action or proceedmg, securmg eVidence, obtammg Witnesses, prosecu'ing or defending the ac'ion or proceeding, or effec'ing selllemen', ana (in in any other lawful act which in 'he opinion of the Company may be necessary or desirable '0 es'ablish the 'itle '0 'he esta'e or interes' as insured, If 'he Company is prejudiced by the failure of the insured to furnish the required cooperation, the Company's obligations to the insured under the policy shall 'ermina'e, mcluding any liability or obligatIon '0 defend, prosecu'e, or contmue any litigation, with regard !o the mailer or mallers requiring such cooperatIOn. 5. PROOF OF LOSS OR DAMAGE. In addi'ion '0 and after the notices required under Section 3 of these Condi'ions and S'ipulations have been provided 'he Company, a proof of loss or damage signed and sworn to by 'lie insured claimant shall lie furnished to 'he Company within 90 days after the insured claimant shall ascertain the facts giving rise to 'he loss or damage. The proof of loss or aamage shall describe the defec' in, or lien or encumbrance on 'he 'i,le, or o'her mailer insured against by this policy which cons'i'utes the basis of loss or damage and shall state, '0 the ex'ent possible" the basis of calcula'ing the amount of the loss or damage. If the Company is prejudiced by 'he failure of the insured c1aiman' to provide the required proof of loss or damage, the Company's obligations to the insured under 'he policy shall termma'e, including any liabili'y or obligation to defend, prosecute, or con'inue any litigatIon, with regard '0 the mailer or mailers requiring such proof of loss or damage, In addition, 'he insured c1aiman' may reasonably be required to submit to examination under oa'h by any au'horized representative of the Company and shall produce for examination, inspection and copying, at such reasonable 'imes and places as may be designated by any au'horized represen'ative of 'he Company, all records, books, ledgers, checks, correspondence and memoranda, whether bearing a date before or af'er Date of Policy, which reasonably pertain to 'he loss or damage. Further, if reques'ed by any au'horized represen'a'ive of the Company, 'he insured claimant shall grant its permission, in writing, for any authorized represen'a'ive of the Company to examine, inspec' and co)'y all records, books, ledgers, checks, corres)'ondence ana memoranda in the custody or control of a third party, which reasonably pertain to 'he loss or damage. 1_ (ii) the difference between 'he value of the insured I:s,ate or interest as insured and the value of 'he insured estate or interest subjec' '0 'he defec', lien or encumbrance insured agains' by 'his policy. (b) (This paragraph dealing with Coinsurance was removed from Florida policies.) (c) The Company will pay only 'hose cos's, allorneys' fees and expenses incurred in accordance with Sec'ion 4 of 'hese Condi'ions and Stipulations, 8. APPORTIONMENT, If 'he land described in Schedule A consists of 'wo or more parcels which are not used as a single si'e, and a loss is es'ablished affecting one or more of 'he parcels but not all, the loss shall be computed and sellled on a pro ra'a 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 '0 the whole, exclusive of any improvemen's made subsequen' to Date of Policy, unless a liability or value has otherwise been agreed upon as to each parcel by 'he Company and the insured at the 'ime of 'he issuance of this policy and shown by an express statement or by an endorsement allached to this policy. 9. LIMITATION OF LIABILITY, (a) If 'he Company es'ablishes 'he title, or removes the alleged defec', lien or encumbrance, or cures the lack of a right of access to or from 'he land, or cures 'he claim of unmarke'ability of 'itle, all as insured, in a reasonably diligent manner by any method, including li'iga'ion and 'he completion of any appeals 'herefrom, it shall have fully performed ils obligations with respec' to 'hat matter and shall not be liable for any loss or damage caused thereby, (b) In the even' of any litigation, including litigalion by the Company or with 'he Company's consent, the Company shall have no liabili'y for loss or damage until there has been a final determina'ion by a court of competent jurisdiction, and disposition of all appeals therefrom, adverse '0 'he title as insured, (c) The Company shall not be liable for loss or damage '0 any insured for Iiabili'y voluntarily assumed by 'he insured in sellling any claim or suit without 'he prior written consent of the Company. 10, REDUCTION OF INSURANCE; REDUCTION OR TERMINATION OF LIABILITY, All pay men's under this policy, excepl payments made for costs, attorneys' fees and expenses, shall reduce the amount of Ihe insurance pro 'anto, 11. LIABILITY NONCUMUlATIVE. II is expressly unders'ood 'hat the amount of insurance under 'his policy shall be reduced by any amoun' 'he Company may pay under any policy insuring a mortgage to which exception is taken in Schedule B or '0 which the insured has agreed, assumed, or 'aken subjec', or which is hereafter executed by an insured and which is a charge or lien on the estate or inlerest described or referred to in Schedule A, and the amount so paid shall be deemed a payment under 'his policy to the insured owner. 12. PAYMENT OF LOSS. (a) No payment shall be made without producing this policy for endorsemen' of the pay men' unless 'he policy has been los' or destroyed, in which case proof of loss or destruc'ion shall be furnished '0 the satisfac'ion of the Company. (b) When liability and the ex'en' of loss or damage has been defini'ely fixed in accordance wi'h these Conditions and Stipulations, the loss or damage shall be payable within 30 days thereafter. 13, SUBROGATION UPON PAYMENT OR SETfLEMENT, (a) The Comoanv's Rip:h' of Subrop:a'ion Whenever 'he Company shall have sellled and paid a claim under this policy, all righ' of subrogation shall vest in the Company unaffec'ed by any ac' of 'he insured claimant. The Company shall be subrogated '0 and be en'illed '0 all rights and remedies which the insured claimant would have had agains' any person or property in respec' '0 'he claim had this policy not been issued. If requested by 'he Company, 'he insured c1aiman' shall transfer '0 the Company all rights and remedies against any person or property necessary in order to perfec' 'his righ' of subrogation, The insured c1aiman' shall permit 'he Company '0 sue, compromise or sellle in the name of the insured claimant and '0 use the name of the insured c1aiman' in any 'ransaction or li'iga'ion involving these rights or remedies. If a paymen' on account of a claim does no' fully cover the loss of 'he insured c1aiman', the Company shall be subroga'ed '0 these righ's and remedies in 'he proportion which 'he Company's pay men' bears to 'he whole amount of the loss, r. SEVERABILITY. I In 'he event any provision of 'he policy is held valid or unenforceable under applicable law, 'he policy shall be deemed no' '0 include that provision and all other provisions shall remain in full force and effect. 17, NOTICES, WHERE SENT, All no' ices required to be given 'he Company and any statemen' in writing required '0 be furnished 'he Company shall include 'he number of 'his policy and shall be addressed '0 'he Company, Allen'ion: Claims Departmen', 1 First American Way, San'a Ana, California 92707. FATlC-700 1 ENDORSEMENT ISSUED BY I First American Title Insurance Company Issuing Office File No: 114014-4-00 Attached to Policy No. FA- 35-456235 SCHEDULE A Item No. 4 is hereby corrected to read: The North 466.76 feet of the South 516.77 feet of the East 466.76 feet of the SE 1/4 of the SW 1/4 of Section 8, Township 29 South, Range 16 East, situated in Pinellas County, Florida. This endorsement is made a part of the policy and is subject to all of the terms and provisions thereof and of any prior endorsements thereto. Except to the extent expressly stated, it neither modifies any of the terms and provisions of the policy and any prior endorsements, nor does it extend the effective date of the policy and any prior endorsements, nor does it increase the face amount thereof. This endorsement shall not be valid or binding unless signed by either a duly authorized officer or agent of the Company. By: First American TItle Insurance Company ~4~ ...;+- ....... ,,~ .;:......'~"'Of~.......<'n BY: 7f or PRESIDENT ..... . " .,. . .. : <II' - . .., ... . _ _ : -=- :;. :'. mllMlIll4. .: .:: '-., I". .- I /YJ ~ ~. .'.....,........:' A1TESl':{I/ /flA,L ~ ~SECRETIaRY "filii''''\. Issue Date: May 10, 2001 (TP 4199) @ File Number: CALCLW Settlement Date: 09/29/00 Proration Date: 09/29/00 SELLER(S): FIRST BAPTIST CHURCH OF CLW. INC. 311 Cleveland Street and Clearwater, FL 33756 PURCHASER(S): CITY OF CLEARWATER, FLORIDA 112 South Osceola Avenue and Clearwater, FL 33756 LENDER: PROPERTY: Hampton Road Property Purchase and Exchange Agreement #2 Clerk of Circuit Court 580,000.00 15.00 580,000.00 CASH DUE FROM PURCHASER(S) TOTAL CHARGES/CREDITS 580,015.00 15.00 580,015.00 I have carefully reviewed the HUD-' Settlement Statement and to the best of my knowledge and belief, ~ is a !rue and accurate statement of ell receipts and disbursements made on my account or by me in this transaction, I further certify !hall have received e copy of the HUD-' Settlement Statement . 2/;;-1 /~ a1 / Page 1 File Number: CLWCAL Settlement Date: 09/29/00 Proration Date: 09/29/00 SELLER(S): CITY OF CLEARWATER, FLORIDA 112 South Osceola Avenue and Clearwater, FL 33756 PURCHASER(S): FIRST BAPTIST CHURCH OF CLW. INC. 311 Cleveland Street and Clearwater, FL 33756 LENDER: PROPERTY: Chesapeake Park Property Purchase and Exchange Agreement #1 credit 560,000.00 MacFarlane Fer uson & McMullen MacFarlane Fer uson & McMullen Clerk of Circuit Court 560,000.00 250.00 2975.00 3 920.00 CASH DUE FROM SELLER(S) TOTAL CHARGES/CREDITS -7,145.00 560,000.00 560,000,00 I have carefully reviewed the HUD-1 Seltlemenl Statement and to the best of my knowledge and belief, it is a true and accurate statement of all receipts and disbursements made on my account or by me in this trensaction, I further cert~y that I have received a copy of the HUD-1 Settlement Statement. ~('-~ -~~ 1/ rd.- 9 /-;-rrr- Date / Page 1 File Number: CLWCAL Settlement Date: 09/29/00 Proration Date: 09/29/00 SELLER(S): CITY OF CLEARWATER, FLORIDA 112 South Osceola Avenue and Clearwater, FL 33756 PURCHASER(S): FIRST BAPTIST CHURCH OF CLW.INC. 311 Cleveland Street and Clearwater, FL 33756 LENDER: PROPERTY: Chesapeake Park Property Purchase and Exchange Agreement #1 560,000.00 MacFarlane Fer uson & McMullen MacFarlane Fer uson & McMullen Clerk of Circuit Court 560,000.00 250.00 2975.00 3,920.00 CASH DUE FROM SELLER(S) TOTAL CHARGES/CREDITS -7,145.00 560,000.00 560,000.00 I have carefully reviewed the HUD-1 Selllement Statement and to the best of my knowledge and belief, it is a true and accurate statement of all receipts and disbursements made on my account or by me in this trensaction, I further certify that I heve received a copy of the HUD-1 Selllement Statement. ~~ 9 /;L9 /;)--Orr - Date / / Page 1 I I PREPARED BY AND RETURN TO: THOMAS C. NASH, II, Esquire Macfarlane Ferguson & McMullen 625 Court Street, Suite 200 Post Office Box 1669 (33757) Clearwater, Florida 33756 WARRANTY DEED 1::. .. THIS INDENTURE made this ~ day of September, 2000, between CITY OF CLEARWATER, FLORIDA, a municipal corporation existing under the laws of the State of Florida, Party of the First Part, whose mailing address is City Hall, 112 South Osceola Avenue, Clearwater, FL 33756, and FIRST BAPTIST CHURCH OF CLEARWATER INCORPORATED, d/b/a CALVARY BAPTIST CHURCH, of the County of Pinellas, in the State of Florida, Party of the Second Part, whose mailing address is 331 Cleveland Street, Clearwater, FL 33756. WIT N E SSE T H: '.... That the said Party of the First Part, for and in considera- tion of the sum of Ten Dollars ($10.00) to it in hand paid by the said Party of the Second Part, the receipt whereof is hereby acknowledged, has granted, bargained and sold to the said Party of the Second Part, forever, the following described land, situate lying and being in the County of Pinellas, State of Florida, to- wit: SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF BY REFERENCE. Subject to 2000 real estate taxes, restrictions, reserva- tions and easements of record. Parcel I.D. No. IS 16/29/16/00000/220/2100 !J.,./ I I And the said Party of the First Part does hereby fully warrant tpe title to said land, and will defend the same against the lawful claims of all persons -whomsoever. IN WITNESS WHEREOF, the said Party of the First Part has '., caused these presents to be signed in its name by its City Manager, and its municipal seal to be affixed, and countersigned by its May- Commissioner the day and year above written. CO~~ BR~AN J. G T Mayor-Commissioner CITY By: (SEAL) WILLIAM -- I, Int rlm City Manager By:GARRISON BRUMBACK, Assistant .City Manager APPROVED AS TO FORM: ATTEST: ~r~~ E C. HAY SSlstant Clty Attorney ( SEAL) 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, BRIAN J. AUNGST, MAYOR-COMMISSIONER; GARRISON BRUMBACK, ASSISTANT CITY MANAGER, JANE C. HAYMAN, ASSISTANT CITY ATTORNEY AND CYNTHIA E. GOUDEAU,' CITY CLERK, all in and for the CITY OF CLEARWATER, to me personally known or who has produced as identification, and known to me to be the individual(s) described in and who executed the foregoing instrument and acknowledged before me that they executed the same for the purposes therein expressed. WITNESS my hand~d official seal at Clearwater, said County and State, this ~~ day of September, 2000. ~i~'~ Print Name My Commission Expires: NOTARY PUBLIC. STATE OF FLORIDA CAROLYN L BRINK COMMISSION' CCll3467B EXPIRES S/2212003 BONDED THRU ASA 1-8BB-NOTARYl -2- /) 1:J ... I I EXHIBIT "A" ," ' DESCRIPTION: : Commence at the Northwest corner of Section 16, Township 29 South, Range 16 East, Pinellas County, Florida and run S.00036/3rW" along the west boundary line of said Section 1 6, 495.37 feet to the northwest corner of the plat of CHESAPEAKE VILLAS as recorded in Plat Book 70, Page 42 of the Public Records of Pinellas County, Florida; thence leaving said west boundary line of Section 16, S.89028' 39/1 E. along the north boundary line of the aforementioned plat of CHESAPEAKE VILLAS, 669.12 feet for a Point of Beginning; thence, continue S.89028/39/1E., 519,12 feet to the west right-of-way line of McMullen Booth Road; thence S.00037/34/1W., along said west right-of-way line, 95.QO feet; thence N.89028/39/1W., along said west right-of-way line. 50.00 feet; thence S.00037/34/1W., along said west right-of-way line, 380.40 feet to the north right-of-way line of Cleveland Street; thence, leaving the aforementioned west right-of-way line of McMullen Booth Road, N.89028/36/1W., along the north right-of-way line of Cleveland Street, 351.05 feet; thence N.0003T06/1E., along said north right-of-way line, 25.00 feet; thence N.89028/36/1W., along said north right-of-way line, 118.00 feet; thence, leaving the aforementioned north right-of-way line of Cleveladd Street, N.00037/06/1E., 247.39 feet to the cusp of a curve on the south right-of-way line of Chesapeake Lane; thence, along the right-of-way line of Chesapeake Lane, along a non-tangent curve to the left having a radius of 50.00 feet, an arc length of 157.08 feet, a chord length of 100.00 feet and a chord bearing of N.37029/18/1 E.; thence N.00037/06/1E., along the east right-of-way line of Chesapeake Lane, 93.00 feet; thence N .89022/55/1W., along the north right-of-way line of said Chesapeake Lane, 60.00 feet to point on the east boundary of the aforementioned plat of CHESAPEAKE VILLAS; thence N.0003T06/1E., along said east boundary line, 30.00 feet to the Point of B~ginning. Containing 4.887 acres more or less. (; (J+-' I I AFFIDAVIT OF NO LIENS STATE OF FLORIDA COUNTY OF PINELLAS I BEFORE ME, the undersigned authority, personally appeared Affiant, who being fifst duly sworn deposes and says that: 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. . I: hereJ.nafter referred to as the "property". " 2. Owner has possession of the property, and there is no other person in possession with any rights or tenancies in the aforesaid property untess 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 performed upon or materials furnished to the above-described property 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 pending or threatened claims of any kind or nature, from any source, against the undersigned, or any of them, which could result in the imposition of liens, judgments, encumbrances or other clouds on title on the property described herein, whether from any individual, entity or governmental body, state or federal. 6. 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. ',", 7. 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 public hearing regarding pending or future assessments for improvements by any governmental agency. 8. There are no unpaid or pending periodic maintenance or management charges or assessments. due any property owners, home- owners, 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. 9. There are no outstanding unrecorded contracts of sale, deeds, leases, options, conveyances or mortgages affecting the title to the above-described property. 10. There are no unrecorded easements or rights-of-way created through use or,adverse interest with respect to the above- described property. 11. That there are no violations or breaches of any cove- nants, 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 Macfarlane Ferguson & McMullen and the hereinafter identified parties from any liability, loss, claim or cause of action arising out of or in any way r~ I t relating to any violations or breaches of any such covenants, conditions, or restrictions. 12. Affiant makes the above representations effective as pf the execution hereof and also represents that between the date ~f 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. 13. Section 1445 of the Internal Revenue Code provides that a transferee (buyer) of a U.S. real property interest must withhold tax if the transferor (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 interest, Affiant hereby certifies the following: A. The transferor 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; B. The transferor IS U. S. taxpayer identification number (Social Security Number or Employer Identification Number) is 59-000289 C. The transferor's home address or office address is P.O. Box 4748, Clearwater, Florida 33758-4748 . The undersigned understands that this certification may be disclosed to the Inter- nal Revenue Service by the transferee or any representative thereof and that any false statement made could be punished by fine, imprisonment, or both. 14. If this affidavit is made in a representative capacity, the undersigned represents and warrants that the undersigned has the authority to make the representations made herein and to execute all documents necessary to conclude the transaction contem- plated hereby on behalf of the principal whom the undersigned represents. 15. There are no present violations on the land of any enforceable covenants, conditions or restrictions, nor do any existing improvements on the land violate building set back lines shown on a plat of subdivision recorded or filed in the public records. 16. As to instruments referred to above, none provide a lien for liquidated damages, provide for private charges or assessments, or provide for an option to purch~se, a right of first refusal or the prior approval of a future purchaser or occupant. This affidavit is made for the purpose of inducing Macfarlane Ferguson & McMullen to issue title insurance on the above-described property; and FIRST BAPTIST CHURCH OF CLEARWATER INCORPORATED, d/b/a CALVARY BAPTIST CHURCH, a Florida corporation, to purchase and make final payment'for the above-described property. -2- }r I I 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. Countersigned: ~~ALs=t- BRIAN J. MrGST Mayor-Commissioner CITY I FLORIDA By: (SEAL) W Interim City Manager By:GARRISON BRUMBACK, Assistant City Manager APPROVED AS TO FORM: ATTEST: SEAL) 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, BRIAN J. AUNGST, MAYOR-COMMISSIONERi GARRISON BRUMBACK, ASSISTANT CITY MANAGER, JANE C. HAY~, ASSISTANT CITY ATTORNEY AND CYNTHIA E. GOUDEAU, CITY CLERK, all in and for the CITY OF CLEARWATER, to me personally known or who has produced as identification, and known to me to be the individual(s) described in and who executed the foregoing instrument and acknowledged before me that they executed the same for the purposes therein expressed, WITNESS my hand~d official seal at Clearwater, said County and State, this ;< 8 day of September, 2000. c~~~ Notary blic Print Name My Commission Expires: NOTARY PUBLIC. STATE OF FLORIDA CAROLYN L BRINK COMMISSION 1/ CC834678 EXPIRES 5/2212003 BONDED THRU ASA 1--888-NOT ARYl H,\Oata\REL\BOLLE\CTYCLW.AFF -3- ~,r I I EXHIBIT "A" DESCRIPTION: I.' 'Commence at the Northwest corner of Section 16, Township 29 South, Range 16 East, Pine lias County, Florida and run S,00036'37''W., along the west boundary line of said Section 16, 495.37 feet to the northwest corner of the plat of CHESAPEAKE VILLAS as recorded in Plat Book 70, Page 42 of the Public Records of Pinellas County, Florida; thence leaving said west boundary line of Section 16, S.89028' 39" E. along the north boundary line of the aforementioned plat of CHESAPEAKE VILLAS, 669.12 feet for a Point of Beginning; thence, continue S.89028'39" E., 519.12 feet to the west right-of-way line of McMullen Booth Road; ,thence S.00037' 34"W., along said west right-of-way line, 95.00 feet; thence N.89028'39"W., along said west right-of-way line, 50.00 feet; thence S.OOo 37' 34"W., along said west right-of-way line, 380.40 feet to the north right-of-way line of Cleveland Street; thence, leaving the aforementioned west right-of-way line of McMullen Booth Road, N.89028' 36"W" along the north right-of-way line of Cleveland Street, 351.05 feet; thence N.00037'06''E., along said north right-of-way line, 25.00 feet; thence N.89028'36"W., along said north right-of-way line, 118,00 feet; thence, leaving the aforementioned north right-of-way line of Clevelartd Street, N.00037'06"E., 247.39 feet to the cusp of a curve on the south right-of-way line of Chesapeake Lane; thence, along the right-of-way line of Chesapeake Lane, along a non-tangent curve to the left having a radius of 50.00 feet, an arc length of 157.08 feet, a chord length of 1 00.00 feet and a chord bearing of N.3r29'18"E.; thence N.00037'06''E., along the east right-of-way line of Chesapeake Lane, 93.00 feet; thence N.89022'55"W., along the north right-of-way line of said Chesapeake Lane, 60.00 feet to point on the east boundary of the aforementioned plat of CHESAPEAKE VILLAS; thence N.00037'06''E., along said east boundary line, 30.00 feet to the Point of B~ginning, Containing 4.887 acres more or less. ~ / ~~,'r-. I:: I EXHIBIT TO STANDBY LETTER OF CREDIT CONDITIONS TO ALLOW DRAW ON STANDBY LETTER OF CREDIT The Beneficiary shall have the right to draw upon this Standby Letter of Credit up to the amount of the statement as referenced below upon the occurrence of all of the following events: 1. Beneficiary shallhave provided' Applicant- witha,statement 'of its' expenditures f011 i" ,>-;'- ",,- the Project (as defined in Real Estate Purchase and Exchange Agreement #1 dated as of July 12, 2000). 2. After 30 days from submission of the above-referenced statement by Beneficiary to Applicant, Applicant has not reimbursed Beneficiary for the costs set forth in the statement. 3. Presentation of a statement to First Union accompanied by an affidavit reciting compliance by Beneficiary with items #1 and #2 above. APPLICANT: FIRST BAPTIST CHURCH OF CLEARWATER, INe. dba CALVARY BAPTIST CHURCH By: ~.Wu~cTlc9-~1\\ BENEFICIARY By: Willi . orne, II, Interim City Manager By: Garrison Brumback, Assistant City Manager H:\Data \Aty\ TCN\Calvary\letterofcredit I I WAIVER OF IMPACT FEES r/ THIS WAIVER OF IMP ACT FEES entered into this 1..f!}day of September, 2000, by the CITY OF CLEARWATER, FLORIDA ("City") WIT N E SSE T H: WHEREAS, the City and First Baptist Church of Clearwater, Inc. doing business as Calvary Baptist Church ("Calvary") entered into a Real Estate Purchase and Exchange Agreement #1 dated July 12,2000, relating to Calvary's purchase of the Chesapeake Park Property from the City (said property being specifically described in Exhibit "A" attached hereto); and WHEREAS, pursuant to paragraph 31 of said Agreement, the City agreed to execute a document at closing memorializing its agreement that all impact fees relating to any construction which may ultimately take place onthe Chesapeake Park property shall be waived; and WHEREAS, closing is imminent and the execution of such a document is necessary; NOW THEREFORE, in exchange for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the City does hereby agree that any and all impact fees relating to construction on the Chesapeake Park parcel are and shall be forever waived. WITNESS: CITY OF CLEARWATER, FLORIDA 4J~?;?~~ 4~f~ By: Willi me, II, Interim City Manager By: Garrison Brumback, Assistant City Manager, STATE OF FLORIDA COUNTY OF PINELLAS I HEREBY CERTIFY that before me personally appeared GARRISON BRUMBACK, Assistant City Manager, by and on behalf of William B. Home, II, Interim City Manager for the City of Clearwater, Florida, on behalf of the City of Clearwater [ vJ to me known or [ ] who produced as identification, and known to me to be the person described in the foregoing instrument as said Assistant City Manager, and acknowledged to me that he executed same as the free act and deed of the City of Clearwater for the purposes stated therein. ':fI.- WITNESS my hand and official seal at Clearwater, said County and State, this ~y day of September, 2000. c~~~ Notary Public P . t N NOTARV PUBLIC. STATE OF FLORIDA nn ame (:.pn' VN I RRINK My Commission Expires COMMISSION' CCB34678 . EXPIRES Sl2212003 BONDED THRU ASA l.aBB-NOTARY1 H:IData IAlyl TCN\Cal varylwaiver, impaclfees I I " COMPLIANCE AGREEMENT STATE OF FLORIDA COUNTY OF PINELLAS SELLER(S): CITY OF CLEARWATER, FLORIDA PURCHASER(S): FIRST BAPTIST CHURCH OF CLEARWATER INCORPORATED, d/b/a CALVARY BAPTIST CHURCH PROPERTY: SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF BY REFERENCE. The undersigned, whether purchaser(s), seller(s), mort- gagor(s) or mortgagee(s), in consideration of MACFARLANE FERGUSON & McMULLEN, Attorneys At Law, effecting closing and the disbursement of funds as to the above referenced property, for themselves, their successors and assigns, covenant and agree to hereafter fully cooperate, adjust, initial, re-execute and re- deliver any and all closing documents, including, but not limited to, any notes, mortgages, deeds, affidavits, and closing state- ments, and to make further economic adjustments thereto if deemed necessary or desirable by said Attorneys to fully comply with the terms and provisions of the Agreement(s) between the parties, including amendments thereto, and of the requirements of any lender involved herewith. It is the intent of the Agreement that all documents shall comply with, and accurately reflect the transaction(s)" agreed to, and the parties hereto agree to execute corrective documents submitted to them and make necessary adjustments within ten (10) days of mailing to them. Any party hereto, including said Attorneys, shall have the right to bring suit to enforce the provisions hereof, and the prevailing.~arty shall recover all costs and fees incurred therein:--J (/}fl.-- Dated effective this [/{day of September, 2000. PURCHASER: FIRST BAPTIST CHURCH OF CLEARWATER INCORPORATED BY:'~~'~ CHAIRMAN OF DEACO SELLER: CITY ~WATER' FLORIDA By: ~ ~~~. HOR , II 1 RIM CITY MANAGER 'By: GARRISON BRUMBACK, ASSISTANT CITY MANAGER LEN By: H,\Data\REL\BOLLE\CTYCLW.CPL I I EXHIBIT "A" " DESCRIPTION: I Commence at the Northwest corner of Section 16, Township 29 South, Range 16 East, Pinellas County, Florida and run S.00036'37"W., along the west boundary line of said Section 16, 495.37 feet to the northwest corner of the plat of CHESAPEAKE VILLAS as recorded in Plat Book 70, Page 42 of the Public Records of Pinellas County, Florida; thence leaving said west boundary line of 'Section 16, S.89028' 39" E, along the north boundary line of the aforementioned plat of CHESAPEAKE VILLAS, 669.12 feet for a Point of Beginning; thence, continue S.89028'39"E., 519.12 feet to the west right-of-way line of McMullen Booth Road; thence S.00037'34"W., along said west right-of-way line, 95.00 feet; thence N.89028' 39"W., along said west right-of-way line, 50.00 feet; thence S.00037' 34"W., along said west right-of-way line, 380.40 feet to the north right-of-way line of Cleveland Street; thence, leaving the aforementioned west right-of-way line of McMullen Booth Road, N,89028' 36"W., along the north right-of-way line of Cleveland Street, 351.05 feet; thence N.00037'06''E., along said north right-of-way line, 25.00 feet; thence N.89028'36"W., along said north right-of-way line, 118.00 feet; thence, leaving the aforementioned north right-of-way line of Cleveland Street, N.00037'06''E., 247.39 feet to the cusp of a curve on the south right-of-way line of Chesapeake Lane; thence, along the right-of-way line of Chesapeake Lane, along a non-tangent curve to the left having a radius of 50.00 feet, an arc length of 157.08 feet, a chord length of 100.00 feet and a chord bearing of N.3r29'18"E.; thence N.00037'06''E., along the east right-of-way line of Chesapeake Lane, 93.00 feet; thence N,S9022'55"W" along the north right-of-way line of said Chesapeake Lane, 60.00 feet to point on the east boundary of the aforementioned plat of CHESAPEAKE VILLAS; thence N,00037'06''E., along said east boundary line, 30.00 feet to the Point of Beginning. Containing 4.887 acres more or less, 10...