PROACTIVE ENTERPRISES INC/ATRIUM APARTMENTS
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_d
) INST # 88-246777
· ~ AUG_2.'_ 1888 7. 43PM
J
Rec'd Fee
, State Stamps
en IUICORDINCJ,... Doc. Stamps
RBC 15, au" Total $2.605.00
DS ~scrn.()c)
JNT This instrument was prepared by
PImS__ and to be returned to:
WTF __ James N. Powell, Esquire
PIC ~_ Powell, Carney, Hayes ~ Silverstein, P.A.
uv One Progress Plaza, Swte #1210,
f< --- St. Petersburg, FL 33701
--,-,-;:- File No. 1399-6015
TOTAL~.O~rantee's Tax Payer I.D. No.:
~
$ 15.00
2,590.00
PINELLAS COUNTY FLA
_~~~_. R_E_C~ BK 10 188 PG 680
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WARRAN1Y DEED
THIS INDENTURE, made this 3rt day of July, 1998, BElWEEN PROACTIVE
ENTERPRISES, INC., a Florida corporatio~ whose mailing address is Post Office Box 367,
Indian Rocks Beach, FL 33785, as Grantor, and CIlY OF CLEARWATER, FLORIDA, A
MUNICIPAL CORPORATION OF THE STATE OF FLORIDA, whose mailing address is Post
Office Box 4748, Clearwater, FL 34618-1748, as Grantee, and
~-: '
WITNESSETH, that the Grantor, for and in consideration of the sum of TEN and
" NO/I00 ($10.00) DOllARS, and other good and valuable considerations to it in hand paid,
'.~
S the receipt whereof is hereby acknowledged, has granted, bargained, sold and conveyed,
(~ and by these presents does grant, bargain, sell, convey and confirm unto the Grantee and
its heirs and assigns forever, all that certain parcel of land lying and being in the County of
Pinellas, State of Florida, more particularly described as follows:
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See Exhibit "A" attached hereto and by this reference incorporated herein.
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SUBJECT TO easements, restrictions and encumbrances of record, if any.
Parcel No. 09-29-15-51192-000-0080
TOGETHER WITH all the tenements, hereditaments and appurtenances, with every
privilege, right, title, interest and estate, dower and right of dower, reversion, remainder
and easement thereto belonging or in anywise appertaining.
TO HAVE AND TO HOLD the same in fee simple forever.
AND the Grantor does hereby covenant with the Grantee that it is lawfully seized of
the said premises, that it is free from all encumbrances, except as shown above, and that
it has good right and lawful authority to sell the same; and the said Grantor does hereby
c:\cJoslngs\proactlve to city of clearwater .1399-60 15\WllITanty deed
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)PINELLRS COUNTY FLR.
OFF. REC . BK 10 188 PG 68 1
fully warrant the title to said land, and will defend the same against lawful claims of all
persons whomsoever.
IN WITNESS WHEREOF, the said Grantor has hereunto set its hand and seal the day
and year first above written.
Signed, sealed and delivered
in the presence of:
_~C-
Proactive Enterprises, Inc.,
a Florida corporation
on line above))
4-,M../ ,IV. l~"", I(
By:
Matthe W. Barnicle, as President
Address: Post Office Box 367
Indian Rocks Beach, FL 33785
(Corporate Seal)
(Wi on line above)
L6SLlt: AN~ (\AJJOR..E
(Witness to print name on line above)
7L062953 ~~~ 08-03-1996
OEO- rIVE ENTFQPRISES
STATE OF FLORIDA
COUN1Y OF PINELLAS
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F:EI20t~,D ING
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ChFC::\ f1i~'T,J7rf'4DE~cC: ;'.~'J ;~::,i
The foregoing instrument was acknowledged before me iliis ~ d~,1li~tf~y, 1998",
byMATTIlEWW. BARNICLE, as President o(PROACTIVE ENTERPRISES, INC., a Florida
corporatio~ on behalf of the Corporation, Ej" who is personally known to me, or 0 who has
produced a Florida driver's license or a Florida identification card, or 0 who has produced
as identification.
-~r_
My commission expires:
of N. otary Pu9}ic on lin.. e above)
4-'-......-~'J jV ... (p.o'- ~ h..
e of Notary Public on line above)
(NOTARY SEAL)
....,'I'~'~"" f
l~.of.'....~,:::... JAMES N, POWELL t
~(i.6;~n MY COMMISSION # CC 725394 t
~~~~~ EXPIRES: July 16 2002
, ,,9f.,ft",,'.... Bonded Thru Notary Public 'Underwriters
c:\doslngs\proactlve to city of dearwater. 1399-6015\warranty deed
Page 2
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~INELLRS COUNTY FLR.
OFF.REC,BK 10188 PG 682
EXHIBIT "A"
LEGAL DESCRIPTION
All that part of Lots 8 and 9 of LESLEY'S SUBDMSION, according to the map or plat thereof
recorded in Deed Book ''I{" on Page 471, of the Public Records of Hillsborough County,
Florida, which lies East of the right-of-way of the public thoroughfare in the City of
Clearwater, Florida, known as Fort Harrison Avenue, and West of the right-of-way of the
public thoroughfare known as Myrtle Avenue as shown on the Plat of SUNBURST COURT,
according to the map or plat thereof recorded in Plat Book 13, Page 46, of the Public
Records of Pinellas County, Florida. LESS AND EXCEPT that part of said Lot 8 described
as follows: The East 30 feet of Lot 8 of LESLEY'S SUBDMSION of fractional Section 4,
Township 29 South, Range 15 East, which lies East of the public road running from
Clearwater to Dunedin, as recorded in Book 7, Page 14, of the Public Records of
Hillsborough County, Florida, on the 14th day of March, 1902; and also that part of said Lot
8 which lies South of a line drawn fifty (50') feet North of, and parallel to the South
boundary of said Lot 8; the Eastern terminus of said line being in the West boundary of
Myrtle Avenue, and the Western terminus in the East boundary of Fort Harrison Avenue.
AND
A plot of land which has a point of beginning reached by measuring South along the Section
line 62.85 feet from the Northeast comer of Section 9, Township 29 South, Range 15 East,
and thence North 89042'00" West, 30.29 feet. From the Point of Beginning thus established,
run thence South 0018'00" West, .65 of a foot; thence North 79022'55" West, 89.83 feet;
thence North 16021'00" East, 1.01 feet; thence South 79"9'00" East, 89.61 feet to the Point
of Beginning.
AND
Begin at the Northeast comer of Section 9. Township 29 South, Range 15 East, and run
South along Section line 62.85 feet; thence North 89042'00" West, 30.29 feet for a Point of
Beginning; thence North 00018'00" East, 322.60 feet; thence South 16021'00" West, 318.61
feet; thence South 79009'00' East, 89.61 feet to the Point of Beginning.
c:\c1osings\proactive to city of c1earwater,1399-6015\1egal description
Page 3
AMEllICAN LAND TITLE ASSOCIATION POLICY NO.
OWNER'S POUCY 10-17-92 (Florida ModlJ'Ied)
OWNER'S POLICY OF TITLE INSURANCE [op- 9 -1133- 55)
ISSUED BY
AMERICAN PIONEER
TITLE INSURANCE COMPANY
SUBlEcr 10 THE EXCLUSIONS FROM COVEIlAGE, THE EXCEPrIONS FROM COVEIlAGE CONllUNED
IN SCHEDULE B AND THE CONDITIONS AND STiPULATIONS, AMERICAN PIONEER TITLE INSIJRANCE
COMilWY, a Florida col]lol'ation, herem called the Company, msures, as ofDate of Policy shown m Schedule
A, against loss or damage, not exceeding the Amount of Insurance slated m Schedule A, Sustained or
incurred by the insured by reason of:
2. Any defect in or lien or encumbrance on the title;
I. TItle to the estate or mterest described m Schedule A being vested other than as staled therein;
3. Unmarketability of the title;
4. Lack of a right of access to and from the land.
The Company wiD also pay the C08ls, attorneys' fees and expenses mcurred m defense of the litle,
as insured, but only to the extent provided in the Conditions and Stipulations.
IN IV17NEs8 WlIEREOF, AMEJuCAN PIONEER TITLE INSURANCE COMPANY has cansed this policy
to be signed and sealed as of the Date of Policy shown m Schedule A, the policy to become valid when
countersigned by an authorized signatory.
Issued by:
Powell, Carney, Hayes &
Silverstein, P. A.
Barnett Tower, One Progress
Suite 1210
St. Petersburg FL, 33701
AMERICAN PIONEER TITLE INSURANCE COMPANY
By. ~~~
-~~~
Secretary
OP.9
--
(a) upon written request by the insured and subject to the options contained
in Section 6 ot these Conditions and Stipulations, the Company, at its own cost
and without unreasonable delay, shall provide tor the detense ot 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 ot 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 tees of any other counsel.
The Company will not pay any fees, costs or expenses incurred by the insured
in the detense of those causes of action which allege matters not insured against
by this policy.
(b) The Company shall have the right, at its own cost. to institute and prosecute
any action or proceeding 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 under the terms of this policy, whether or not it shall be liable hereunder,
and shall not thereby concede liability or waive any provision ot this policy. ~ the
Company shall exercise its rights under this paragraph, it shall do so diligently.
(c) Whenever the Company shall have brought an action or interposed a defense
as required or permitted by the provisions of this policy, the Company may pursue
any litigation to tinal determination by a court of competent jurisdiction and expressly
reserves the right, in its sole discretion, to appeal from any adverse judgment or
order.
(d) In all cases where this policy permits or requires the Company to prosecute
.or-providetor-tl\e- defense of--any aelieft-or- preeeediA!'j;-the-insUfed: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 tor 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 ar defending the action or proceeding, or effecting settlement, and (ii)
in any other lawful act which in the opinion ot 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 ot the insured to furnish the required cooperation, the
Company's obligations to the insured under the policy shall terminate, including
any liability or obligation 10 detend, prosecute, or continue any litigation, with regard
to the matter or matters requiring such cooperation.
5. PROOF OF LOSS OR DAMAGE
In addition to and after the notices required under Section 3 ot these conditions
and Stipulations have been provided the Company, a proof ot loss or damage
signed and sworn to by the insured claimant shall be furnished to the Company
within 90 days after the insured claimant shall ascertain the tacts giving rise to
the loss or damage. The proof ot 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 ot calculating the amount of the loss or damage. ~ the Company is prejudiced
by the failure of the insured claimant to provide the required proof ot loss or damage,
the Company's obligations to the insured under the policy shall terminate, including
any liability or obligation to defend, prosecute, or continue any litigation, with regard
to the matter or matters requirin!lsuCh proaf of loss or damage.
-
Th. 1.1ow'''' """" '" ""'~," ",'''''' from .. '"'''''' . .. pol<y M' .. ComPMY .. "" ,,<v "'" '" ,.,.... ""'" ""m'Y" "" '" -- _h
arise by reason of:
I. \.\ Any"'. _MOO m """"~"" __ \""'_ w "'" """'" 10 b._ "'" """'" .~. ",'''M~. m "',",'''',, ,...-. -'''''. ",Oh"'" '"
"".", 10 \'1.' "",,"""Y. _. m Mjoy~'" . .. ''''''' \iil .. ,h"_. dim"'.'''' '" "'- · "'" imp"""""" row m ....- """",, "" .. """
\;;;1' __ ,,, ~~""ip '" . ,",,,,, "'.. di_' '" "" of" '''''' m MY p"",1 . _h" """. "'... · "" '" \m, .""ooom."" ",-",",
m .. """ . "'" .i.""" . ..~ ,.... ",di"""~ '" """"m."" "",.."", ""'. 10 .. .- .. · ..... · .. """"",.m .... m · ",,",. ·
a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date ot POlicy.
\b' "'" """"m."" po'" ".., "" ",'''''''' by \" _.. ._ 10 .. """'.. . ",,",' ... "",i~ """" Of · ",,",' · · ~ Ii'" '" MOO""''''''
resulting trom a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy.
2 Righi> . ""i""" dom." """" """" . "" """.. .".. "'" """ ,,"""'" i" .. ",bl< -" · 0.. · PoI<y. W '" ",.di", from """'" MY ""i",
which has occurred prior to Date ot Policy which would be binding on the rights of a purchaser tor value without knowledge.
3. Detects, liens, encumbrances, adverse claims or other matters:
(al created, suffered, assumed or agreed to by the insured claimant;
\b' ". .,,"'" 10 .. ComPMY. "'" """",'" '" .. """. .""", . 0.. . Pdi<y. b" "","" 10 .. "'~,'" ,"i""" "" "" ",,- i" ~"" 10 .. co_y
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 ot Policy; or
\., "~,,,' i" ,~ '" '''''''' "".h _" "" h'~ ..." ~_'" . "" '''''''''' .- hod pO' .0.. '" .. .- '" i_ i"~,",, by .. poI<y
. "'" ,,,'m. """" ,,"'" wi. "" ..,,~""" ....", i".' ,,,~'"" "" ""'" '" ""'''''' '''''''''' by '" pO<y. by ,,_... ,,,..- · -- """"",,. .-
insolvency, or similar creditors' rights laws, that is based on:
(a) the transaction creating the estate or interest insured by this policy being deemed a fraudulent conveyance or fraudulent transfer; or
\bl .. """",do" _'" .. .- Of i"""" '''''''''' by .. poI.y ""'" ,,,m'" . ",..."'" "",10' "". ...... "" ",,,"""'0 bM"" ~,'" ,~ ..
failure:
(i) totimely record the instrument ottranster; or ------ -
- -(iifol such recorctationlo impart nOlice\O-apurCh-aser'or';a,ueoraiudgmeniOrllen-creditor~ ...
EXCLUSIONS FROM COVERAGE
..-------- ---..-" -------- --
-------- --.- "---
1. DEFINITION OF TERMS
CONDITIONS AND STIPULATIONS
4. DEFENSE AND PROSECUTION OF ACTIONS; DUTY OF INSURED CLAIMANT
TO COOPERATE
The following terms when used in this policy mean:
(a) "insured": the insured named in Schedule A, and, subject to any rights or
detenses the Company would have had against the named insured, those who
succeed to the interest ot the named insured by operation ot law as distinguished
from purchase including, but not limited to, heirs, distributees, devisees, survivars,
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 [Al. and improvements
affixed thereto which by law constitute real property. The term "land" does not
include any property beyond the lines ot the area described or reterred to in Schedule
[Al, 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 trom the land is insured by this policy.
(e) "mortgage": mortgage, deed of trust, trust deed, or other security instrument
(0 "public records": records established under state statutes at Date ot Policy
for the purpose of imparting constructive notice of matters relating to real property
to purchasers tor value and without knowledge. With respect to Section 1 (a)(iv)
ot the Exclusions From Coverage, "public records" shall also include environmental
protection liens tiled in the records ot the clerk of the United States district court
for the district in which the land is located.
(g) "unmarketability of the title": an alle!'l8d~rapparent mattef-affeeting-the title
to the land, not excluded or excepted from coverage, which would entitle a purchaser
ot the estate or interest described in Schedule A to be released from the obligation
to purchase by virtue of a contractual condition requiring the delivery of marketable
tille.
2, CONTINUATION OF INSURANCE AFTER CONVEYANCE OF TITLE
The coverage ot this policy shall continue in force as of Date of Policy in tavor
ot an insured only so long as the insured retains an estate or interest in the land,
or holds an indebtedness secured by a purchase money mortgage given by a
purchaser from the insured, or only so long as the insured shall have liability by
reason ot covenants ot warranty made by the insured in any transter or conveyance
ot the estate or interest. This policy shall not continue in force in favor of any
purchaser from the insured ot either (i) an estate or interest in the land, or (ii)
an indebtedness secured by a purchase money mortgage given to the insured.
3. NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT
The insured shall notify the Company promptly in writing (i) in case of any litigation
as set torth 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) it 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, hpwever, 41'
that failure to notify the Company shall in no case prejudice the rights ot any insured.,
under this policy unless the Company shall be prejuditd by the tailure and then
only to the extent ot the prejudice.
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Agency or Branch File Number Agency or Branch 10 Number
#1399-6015 #1133
Reinsurance Number
Simuhaneous Number
POLICY NUMBER
OP-9-1133-55
DATE OF POLICY
August 03, 1998 at 7:43 PM
AMOUNT OF INSURANCE
$370,000.00
OWNERS FORM
Schedule A
1. Name of Insured:
City of Clearwater, a municipal corporation of the State of Florida
2. The estate or interest in the land described herein and which is covered by this Policy
IS:
Fee Simple
3. The estate or interest referred to herein is at Date of Policy vested in the insured.
4. The land referred to in this Policy is described as follows:
See Exhibit "A" attached hereto and by this reference incorporated herein.
Issued by:
Powell, Carney, Hayes & Silverstein, P.A.
One Progress Plaza, Suite # 1 21 0
St. Petersburg, iFL 33701
By:
This policy valid only if Schedule B is attached,
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OWNERS FORM
Schedule A - continued
EXHIBIT "A"
LEGAL DESCRIPTION
All that part of Lots 8 and 9 of LESLEY'S SUBDIVISION, according to the map or plat thereof
recorded in Deed Book ilK" on Page 471, of the Public Records of Hillsborough County,
Florida, which lies East of the right-of-way of the public thoroughfare in the City of
Clearwater, Florida, known as Fort Harrison Avenue, and West of the right-of-way of the
public thoroughfare known as Myrtle Avenue as shown on the Plat of SUNBURST COURT,
according to the map or plat thereof recorded in Plat Book 13, Page 46, of the Public
Records of Pinellas County, Florida. LESS AND EXCEPT that part of said Lot 8 described as
follows: The East 30 feet of Lot 8 of LESLEY'S SUBDIVISION of fractional Section 4,
Township 29 South, Range 15 East, which lies East of the public road running from
Clearwater to Dunedin, as recorded in Book 7, Page 14, of the Public Records of
Hillsborough County, Florida, on the 14th day of March, 1902; and also that part of said Lot
8 which lies South of a line drawn fifty (501) feet North of, and parallel to the South boundary
of said Lot 8; the Eastern terminus of said line being in the West boundary of Myrtle Avenue,
and the Western terminus in the East boundary of Fort Harrison Avenue.
AND
A plot of land which has a point of beginning reached by measuring South along the Section
line 62.85 feet from the Northeast corner of Section 9, Township 29 South, Range 15 East,
and thence North 89042100" West, 30.29 feet. From the Point of Beginning thus established,
run thence South 0018100" West, .65 of a foot; thence North 79022155" West, 89.83 feet;
thence North 16~1100" East, 1.01 feet; thence South 790910011 East, 89.61 feet to the Point
of Beginning.
AND
Begin at the Northeast corner of Section 9, Township 29 South, Range 15 East, and run
South along Section line 62.85 feet; thence North 8CJ042iQO" West, 30.29 feet for a Point of
Beginning; thence North 0001800. East, 322.60 feet; thence South 16021'00" West, 318.61
feet; thence South 7cr09'00' East, 89.61 feet to the Point of Beginning.
PAGE 2
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OWNERS FROM
Policy Number: OP-9-1133-55
Schedule B
Exceptions
This Policy does not insure against loss or damage by reason of the following exceptions:
1. Rights or claims of parties in possession not shown by the public records.
2. Encroachments, overlaps, boundary line disputes, and any other matters which would
be disclosed by an accurate survey and inspection of the premises.
3. Easements of claims of easements not shown by the public records.
4. Taxes or special assessments which are not shown as existing liens by the public
records.
5. Taxes and assessments for the year 1998 and subsequent years, which are not yet
due and payable.
Note: Exceptions No.1, 2, 3 and .4 are hereby deleted.
6. 1997 Taxes which were paid on March 13, 1998 (installment plan):
Gross Amount - $4,850.44
Total Installment Plan Amount - $4,686.57
Total Assessed Value - $212,500.00
Taxable Assessed Value - $212,500.00
Homestead Exemption filed for 1998? No
Other Exemptions - None
Tax District - CW Clearwater
Parcel No. 09-29-15-51192-000-0080
7. Subject to the following matters as shown on that certain survey prepared by
Overbeck & Elliott, dated July 13, 1998 and having Job Number 98117:
a. Concrete sidewalk and concrete encroach over and into subject property on
the West, North and East property lines.
NOTE: This Policy consists 01 insert pages labeled Schedules A and B. This Policy is 01 no
force and effect unless both pages are included along with any added pages incorporated by relerence,
PAGE 3
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CONDITIONS AND STIPULATIONS. CONTINUED
In addition, the insured claimant may reasonably be required to submit to 9. LIMITATION OF LIABILITY
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 designated by any authorized representative of the Company,
all records, books, ledgers, checks, correspondence and memoranda, whether
bearing a date betore or after Date of Policy, which reasonably pertain to the loss
or damage. Further, it requested by any authorized representative 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, correspondence and memoranda in the custody or control of a
third party, which reasonably pertain to the loss or damage. All information designated
as confidential by the insured claimant provided to the Company pursuant 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 of the insured
claimant to submit tor examination under oath, produce other reasonably requested
intormation or grant permiSSion to secure reasonably necessary information from
third parties as required in this paragraph shall terminate any liability of the Company
under this policy as to that claim.
6. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS; TERMINATION OF
LIABILITY
In case of a claim under this policy, the Company shall have the following additional
options:
(a) To Payor Tender Payment ot the Amount of Insurance.
To payor tender payment of the amount of insurance under this policy together
with any costs, attorneys' tees and expenses incurred by the insured claimant,
which were authorized by the Company, up to the time of payment or tender of
payment and which the Company is obligated to pay.
Upon the exercise by the Company of this option, all liability and obligations
to the insured under this policy, other than to make the payment required, shall
terminate. including any liability or obligation to defend, prosecute, or continue any
litigation, and the policy shall be surrendered to the Company for cancellation.
(b) To Payor Otherwise Settle With Parties Other than the Insured or With the
Insured Claimant.
(i) to payor otherwise settle with other parties tor 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 Company up to the time of payment and which the Company is obligated
to pay; or
(ii) to payor otherwise settle with the insured claimant the loss or damage
provided for under this policy, together with any costs, attorneys' fees and expenses
incurred by the insured claimant which were authorized by the Company up to
the time of payment and which the Company is obligated to pay.
Upon the exercise by the Company of either of the options provided tor in
paragraphs (b)(i) or (ii), the Company's obligations to the insured under this policy
tor the claimed loss or damage, other than the payments required to be made,
shall terminate, including any liability or obligation to defend, prosecute or continue
any litigation.
7. DETERMINATION, EXTENT OF LIABILITY AND COINSURANCE
This policy is a contract of indemnity against actual monetary loss or damage
sustained or incurred by the insured claimant who has suffered lass 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 ot
(i) the Amount of Insurance stated in Schedule 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 ta 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, attorneys' fees and expenses incurred
in accordance with Section 4 of these Conditions and Stipulations.
8. APPORTIONMENT
If the land described in Schedule [A] consists of two or more parcels which
are not used as a single site, and a loss is established affecting one or more
of the parcels but not all, the loss shall be computed and settled on a pro rata
basis as d the amount of insurance under this policy was divided pro rata as to
the value on Date of Policy of each separate parcel to the whole, exclusive of
any 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.
(a) If the Company establishes the title, or removes the alleged defect, lien or
encumbrance, or cures the lack of a right of access to or from the land, or cures
the claim of unmarketability of title, all as insured, in a reasonably diligent manner
by any method. including litigation and the completian of any appeals therefrom,
it shall have fully performed its obligations with respect to that matter and shall
not be liable tor any loss or damage caused thereby.
(b) In the event of any litigation. including litigation by the Company or with the
Company's consent. the 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 tor liability
voluntarily assumed by the insured in settling any claim or suit without the prior
written consent of the Company.
10. REDUCTION OF INSURANCE; REDUCTION OR TERMINATION OF LIABILITY
All payments under this policy, except payments made for costs, attorneys' fees
and expenses, shall 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 insuring
a mortgage to which exception is taken in Schedule B or to which the insured
has agreed, assumed, or taken subject. or which is hereafter executed by an
insured and which is a charge or lien on the estate or interest described or referred
to in Schedule A, and the amount so paid shall be deemed a payment under
this policy to the insured owner.
12. PAYMENT OF LOSS
(a) No payment shall be made without producing this policy for endorsement
of the payment unless the policy has been lost or destroyed, in which case proof
of loss or destruction shall be furnished to the satisfaction. of the Company.
(b) When liability and the extent of loss or damage has been definitely fixed
in accordance with these Conditions and Stipulations, the loss or damage shall
be payable within 30 days thereafter.
13, SUBROGATION UPON PAYMENT OR SETTlEMENT
(a) The Company's Right of Subrogation.
Whenever the Company shall have settted and paid a claim under this. policy,
all right of subrogation shall vest in the Company unaffected by any act of the
insured claimant.
The Company shall be subrogated to and be entitled to all rights and remedies
which the insured claimant would have had against any person or property in
respect to the claim had this policy not been issued. If requested by the Company,
the insured claimant shall transfer to the Company all rights and remedies against
any person or property necessary in order to pertect this right of subrogation.
The insured claimant shall permit the Company to sue, compromise ar settle in
the name of the insured claimant and to use the name of the insured claimant
in any transaction or litigation involving these rights or remedies.
If a payment on account of a claim does not fully cover the loss of the insured
claimant. the Company shall be subrogated to these rights and remedies in the
proportion which the Company's payment bears to the whole amount of the loss.
If loss should result from any act of the insured claimant. as stated above,
that act shall not void this policy, but the Company, in that event, shall be required
to pay only that part of any losses insured against by this policy which shall
exceed the amount, if any, lost to the Company by reason of the impairment
by the insured claimant of the Company's righ! of subrogation.
(b) The Company's Rights Against Non-insured Obligors.
The Company's right of subrogation against non-insured obligors shall exist
and shall include, without limitation, the rights of the insured to indemnities,
guaranties, other policies. of insurance or bonds, notwithstanding any terms or
conditions. contained in. those instruments which provide tor subrogation rights
by reason of this policy.
14. ARBITRATION
(This paragraph was modified for Florida policies.)
Unless prohibited by applicable law, arbiIration pursuant to the Title Insurance
Arbitration Rules of the American Arbitration Association may be demanded if
agreed to by both Company and the insured. Arbitrable matters may include,
but are not limited to, any controversy or claim between Company and the insured
arising out of or relating to this policy, and service of 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 arbiIration is made or, at the option of the insured, the Rules in effect at Date
CONDlnoNS AND SnpULAnONS . CONTINUED
of Policy shall be binding upon the patlies. The award may include attorneys' Ie) No amendment 01 or endorsement to this policy can l>> made except by
fees only if the laws of the state in which the land is IocaIBd permil a court 10 a writing endorsed hereon or attached hereto signed by either the President, a
award a/IomBys' fees to a prevailing party, Judgment upon the award rendered Vice. Ptesident,the Secretary, anAslliatanl Secretary, or validB1ing oIIIcer or
by the ArbiIratDr(s) may be entered in: any court having jurisdiclionthereof. authorized signaloly of the Company.
The Ia~ 01 the slIus 01 the land shall apply to an arbiIraIion .under the Title
Insurance ArbilratIon Rules.
A copy of the Rules may l>> obtained from the Company upon request.
15. LIABILITY LlMrrm TO THIS POLICY; POLICY ENTIRE CONTRACT
(a) This policy together with all endorsemenlS, if any, attached hereto by the
Company is the entire policy anctcontractbetween the in6Ured and the Company. 17; NOTICES. WHERE SENT
Irr interpreting any provision 01 this polley, this policy shall be construed as a
whole,
lb) Any claim 01 lass or damage, whether or not based on negligence, and
which arill8ll out 01 the ll1a\Us 01 the tIIIe to the estate or interesl covered hereby
or by any aclian asserllng such claim, shall be reslricl8d to this policy.
18. SEVERABILITY
In the event any provision 01 the policy is held invalid or unenforceable undar
applicable law,. the polley shall be deemed not to Include that provillion and aU
other provisions shall remain in full force and effect.
All notices required to be given the Company and any statement in writing
required to be fumlshed the Company shall include the number 01 this policy
and shall be addressed to the Company at 493 East Semoran Boulevard,
Casselberry, Florida 3'Z107. Telephone: (407) 260-8060.
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CI TY OWNED PROPERTY
COUNTY IDENTIFIER: 09-29-15-51192-000-0080
ATLAS PAGE: 259B
STREET ADDRESS/LOCATION: 1707 N. Ft. Harrison Avenue
SHORT LEGAL: LESLEY'S SUB., that part of Lots 8 & 9
lying east of Ft. Harrison Avenue extended
DIMENSIONS/ACREAGE: 12,890 sq. ft. (MOL)
SURVEY?: Yes
BY: Overbeck & Elliott
DATE: 7/13/98
APPRAISAL?: Yes
VALUE: $300,000
BY: Sawyer Realty Group, Inc.
DATE: January 3, 1996
SPECIAL USE (IF ANY): Demolish structure. Create City entryway.
ZONING: C-1
SELLER: Proactive Enterprises, Inc.
PURCHASE/SALE PRICE: $ 370,000
CLOSING COSTS:
$
115
APPROPRIATION CODE: 315-93126-560100-572-000
ACQUISITION DATE: July 31, 1998
TITLE INSURANCE: American Pioneer Title Insurance Company
POLICY NUMBER:
OP-9-1133-55
CLOSING AGENT: Powell, Carney, Hayes & Silverstein, P.A.
FILE NUMBER:
51399-6015
O.R. BOOK/PAGE (DEED): 10189 / 680 - 682
RESTRICTIONS/REVERTER: None
COMMENTS: Former 35 unit ~Atrium Apartments" building originally
built in 1927. Old Clearwater Bay Neighborhood Association
instrumental in City acquiring property. Structure demolished
after acquisition. Site developed as a small City entryway park.
COP.ewb
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City of Clearwater
Interdepartment Correspondence Sheet
.T"
.///1
"
TO:
Cyndie E. Goudeau, City Clerk
Earl Barrett, Real Estate Services Manager $-
n' " ~
\ .,,'-
"tri__~~:~;.,",~ '
",.r, to,
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FROM:
COPIES: Richard 1. Baier, Public Works Administrator (w/o documents)
Mahshid Arasteh Director of Engineering (w/o documents)
Tom Miller, Assistant Director of Public Works/PD&E (w/o documents)
John Carassas, Assistant City Attorney (with documents)
SUBJECT: Atrium Apartments closing documents
DATE: August 3, 1998
Attached herewith for official City records are the following documents received at
closing of the transaction to purchase the Atrium Apartments property at 1707 N. Fort
Harrison Avenue on July 31, 1998:
Originals: HUD-l Closing Statement
American Pioneer Title Insurance Co. commitment for title insurance
(Commitment No, CM-l-l133-52)
Assignment of Environmental Indemnity Agreement executed by Seller
Environmental Indemnity Agreement dated February 6, 1996
Signed and sealed boundary survey performed by Overbeck & Elliott
certified to the City (Overbeck & Elliott Job Number 98117)
Copies: Warranty Deed executed by Seller
Seller's Affidavit (Gap)
Seller's Non-Foreign Affidavit
Seller's Affidavit of No Liens
Seller's IRS W-9 (Taxpayer 1. D, number & certification)
Addendum! Amendment to Purchase & Sale Agreement re Section
1031 tax deferred exchange
Notice of Assignment of Purchase Contract
Qualified Intermediary Agreement
Compliance Agreement
Seller Affidavit to City of Clearwater regarding building clean out
and escrow funds held to insure same
I will provide your office with the original recorded Warranty Deed and policy of title
insurance when received from the closing agent. I anticipate those items before the end
of August.
':'",10....
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A. Settlement Statement
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f
B.
U,8. Department 01 Housing
and Urban Development ~
,r
OMB No, 2502-0265
1.
2. 0 FmHA 3. 0 Conv. Unl ns Fll e Number
1399-6015
Loan Number
Mortgage Insurance Case Number
.. .. no .... ..... '"
202.. Pflnclpal. aMi>u~t litn.~ toiti(i/) . .
203. Existing loan(s) taken subject to
204; .. .....
205,
207.
2i/a;,:..
209.
210. City/town taxes
211.~liii1~iu8j; .. ..... ..
HUD-1 (3~86) - RESPA, HB 4305.2
PAGE 1
""'-, ' ..
;:;;"'::~';~.:;}~~~:~~"'::.:;::?::::'.:':::'{:;;ir:':;.,..::: :.:..,:::.: .:::::::-..:,:. ,:::".:.::;:.::: \:.:,.. .../,. :::::::::.,Qt.,:.:: :;.,:;:::: :.','.:
700. TOTAL SALESlBROKER'S COMMISSION
BASED ON PRKE
.
@
'MI-
PAID FROM
BORROWER'S
FUNDS
AT
SETTLEMENT
PAID FROM
SELLER'S
FUNDS
AT
SETTLEMENT
991.00
I have oarefull, reviewed the HUD-l Setllemenl Slalemenl and to the be.t of m, knowledge and belief, It I. a true and accural. .talemenl of all recelpl. and dl.bur..menl. made
on m, aCcounl or b me In thl. Iraneacllon. I furlher cerlll, Ihat I have reoelved a oop, of Ihe HUD-1 SeWemenl Sla emenl.
CIT CLEARWATER, FRIDA PROACTI E NTE RI S,
7/31/98 Seller or
Agenl:
By:
Dale: 7 /31/98
Borrower.
Borrower:
Dale:
SeHer or
Agenl:
Dale:
The HUD-l Selllement Slalemenl which I have prepared I. a Irue and accurale accounl of Ihl. tran.acllon. I have cau.ed or will cau.. Ihe fund. to be dl.bur..d In accordance
wllh thl. .lalemenl.
Dale:
Selllement Agenl:
-f}-
Date: 7/31/98
WARNING: h Ie a crime 10 knowlngl, make fal.e .Ialemenl. 10 Ihe United Slale. on Ihle or an, olher .Imllar f
menl. For delall. 'ee: TIlle 18 U.S. Code Secllon 1001 and Secllon 1010.
ARNEY. ET AL
en allie, upon convlcllon can Include a line and Imprl,on-
I
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ASSIGNMENT OF ENVIRONMENTAL INDEMNITY AGREEMENT
Pursuant to provisions of paragraph 21 (SELLER WARRANTIES) of that
certain Contract For Purchase of Real Property by the City of Clearwater, Florida
("Buyer") entered into with Proactive Enterprises, Inc., a Florida corporation
("Seller") on June 4, 1998 regarding property located at 1707 North Ft. Harrison
Avenue, Clearwater, Florida, Seller hereby affirmatively assigns to Buyer all of
Seller's vested rights and benefits as may be legally available to Seller under
that certain ENVIRONMENTAL INDEMNITY AGREEMENT dated February 6,
1996 given to Seller by John G. Geigle and Kevin J. Geigle collectively.
This assignment is made this 3' (' day of -:;;. L.., , 1998 by Seller
as provided in paragraph 9 (Indemnification) and paragraph 15 (Successors and
Assiqns) of said ENVIRONMENTAL INDEMNITY AGREEMENT.
Signed, sealed and delivered
in the presence of:
PROACTIVE ENTERPRISES, INC.
signature
tv, ~. We t,
By:
,(--
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Ma thew W, Barnicle, Director
~.
Lf:SlIE A~l~ r-Dor'2.c
Print name
.
.
ENVIRONMENTAL INDEMNITY AGREEMENT
THIS ENVIRONMENTAL INDEMNITY AGREEMENT (the "Agreement"), is made
and entered into this /, ~. day of February, 1996, by JOHN G. GEIGLE and KEVIN
J. GEIGLE (collectively the "Seller"), in favor of PROACTIVE ENTERPRISES, INC., a
Florida corporation, (the "Buyer").
RECITALS
A. Seller has entered into a contract with Buyer for the sale and purchase of
real property legally described as:
See Exhibit "A" attached hereto and by this reference incorporated
herein (the "Property").
B. As a material inducement to the Buyer purchasing the Property, Seller has
agreed to make certain warranties, representations and covenants regarding the absence of the
presence of Hazardous Substances on, under or about the Property and the operation and
activities of Seller, and to indemnify and hold the Buyer harmless from and against any and all
liability, damages, losses, claims, costs and expenses resulting from or arising out of any claim,
demand, cost or judgment made against the Buyer by any party including, without limitation,
a governmental authority, in connection with the presence of Hazardous Substances in or about
the Property or any failure of Seller to have complied with Environmental Laws with respect to
the Property or any operations and activities of Seller.
C. As a condition to making the purchase, the Buyer requires and Seller
agrees that the representations, covenants and indemnification herein contained shall survive the
closing on the Property purchase, as the continuing, absolute and unconditional liability of the
Seller.
NOW THEREFORE, in consideration of and in order to induce the making of the
purchase by the Buyer and for other good and valuable consideration, the receipt and sufficiency
of such consideration being hereby acknowledged, Seller, intending to be legally bound, hereby
represents, covenants and agrees for themselves and their successors and assigns as follows:
1. Recitals. The above recitals are true and correct and are incorporated
herein by this reference.
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2. Use of ProDerty. Neither Seller nor any other person to the Seller's
knowledge, has ever used the Property as a facility for the manufacture, processing,
distribution, use, transport, handling, storage, treatment or disposal of any Hazardous
Substances.
3. Compliance. The Seller affirmatively represents that the Property is now
and at all times hereafter until closing will continue to be in full compliance with all Federal,
state and local Environmental Laws, which Environmental Laws include but are not limited to,
the Comprehensive Environmental Response, Compensation and Liability Act of 1980
(nCERCLAn), 42 U.S.C. Statute 9601, et seq., the Superfund Amendments and Reauthorization
Act of 1986 (nSARAn), Public Law 99-499, 100 Stat. 1613, the Resource Conservation and
Recovery Act (nRCRAn), 42 U.S.C. Statute 6901, et seq., the Florida Resource Recovery and
Management Act, Section 403.701, et seq., Florida Statutes, the Pollutant Spill Prevention and
Control Act and other provisions of Chapter 376, Florida Statutes, and all Federal, state or local
environmental statutes, ordinances, rules and regulations.
4. Toxic Materials. The Seller represents and warrants that the Property has
not ever contained either asbestos, PCBs or other toxic materials, whether used in construction
or stored on the Property.
5. Storage. Seller represents and warrants that any aboveground or
underground storage tanks on the Property have been properly registered with the Florida
Department of Environmental Regulation and are in full compliance with the standards for
stationery tanks contained in Chapter 17-761 or 17-762, Florida Administrative Code, any local
tank regulation program authorized under Chapter 17-63, Florida Administrative Code, and
regulations for underground storage tanks promulgated by the U.S. Environmental Protection
Agency in 40 CFR Part 280. Seller further represents to the best of Seller's knowledge that
there has never been a discharge, as that term is defined in Rule 17-761.200(33) (b), F.A.C.,
of any pollutants, contaminants or petroleum products from any of the aboveground or
underground storage tanks and the Property has never been the subject of a petroleum
contamination site cleanup or remediation under Chapter 17-770, Florida Administrative Code,
or other applicable environmental law .
6. Hazardous Substances. (i) To the best of Seller's knowledge, there are
no Hazardous Substances, the presence of which is limited, regulated or prohibited by any
Federal, state or local governmental authority or agency having jurisdiction in the Property, or
which are otherwise known to pose a hazard to health or safety of occupants of the Property,
located on, in or under the Property or used in connection therewith; or (ii) Seller has fully
disclosed to the Buyer in writing the existence, extent and nature of any Hazardous Substance,
which Seller is legally authorized and empowered to maintain on, in or under the Property or
use in connection therewith, and Seller has obtained and will maintain all licenses, permits and
C:\ WP51 IBARNICLElBARNICLE.OO3:02lJ596: 1551 (I)
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approvals required with respect thereto, and are in full compliance with all of the terms,
conditions and requirements of such licenses, permits and approvals.
7. Notices of Noncompliance. Seller has not received notice of any past,
present or future events, conditions, circumstances, activities, practices, incidents, actions or
plans which may interfere with or prevent compliance or continued compliance with any
Environmental Laws or any regulation, code, plan, order, decree, judgment, injunction, notice
or demand letter issued, entered, promulgated or approved thereunder, or which may give rise
to any statutory or common law legal liability , or otherwise form the basis of any claim, action,
demand, suit, proceeding, hearing, study or investigation, based on or related to the
manufacture, processing, distribution, use, treatment, storage, disposal, transport or handling,
or the emission, discharge, release or threatened release into the environment, of any Hazardous
Substance, whether with respect to the Property or otherwise (hereinafter an "Environmental
Complaint"). Without limiting the foregoing, Seller has not received a summons, citation, notice
of violation, directive, letter or other communication, written or oral, from any agency or
Department of the county in which the Property is located, the State of Florida or the U.S.
Government concerning any intentional or unintentional action or omission on Seller's part which
had resulted in the releasing, discharging, spilling, leaking, pumping, pouring, emitting,
emptying or dumping of "Hazardous Substances" into waters under or onto the Property.
8. Pending or Threatened Proceedings. There is no civil, criminal or
administrative action, suit, demand, claim, hearing, notice or demand letter, notice of violation,
investigation, or proceeding pending or threatened against the Seller relating in any way to any
Environmental Law or any plan, order, decree, judgment, injunction, notice or demand letter
issued, entered, promulgated or approved thereunder.
9. Indemnification. Seller hereby agrees to indemnify, reimburse, defend
and hold harmless Buyer, its officers, directors, employees, successors and assigns from and
against all demands, claims, civil or criminal actions or causes of action, liens, assessments,
civil or criminal penalties or fines, losses, damages, liabilities, obligations, costs, disbursements,
expenses or fees of any kind or of any nature (including, without limitation, cleanup costs,
attorneys', paralegals', consultants' or experts' fees and disbursements and costs of litigation)
which may at any time be imposed upon, incurred by or asserted or awarded against, Buyer
directly or indirectly, related to or resulting from: (a) any acts or omissions of Seller at, on or
about the Property which contaminate air, soils, surface waters or ground waters over, on or
under the Property; (b) the breach of any representation or warranty under this Agreement;
(c) pursuant to or in connection with the application of any Environmental Law, to the acts or
omissions of Seller or any other person and any environmental damage alleged to have been
caused, in whole or in part, by the manufacture, processing, distribution, use, handling, trans-
portation, treatment, storage, or disposal of any Hazardous Substance; or (d) the presence,
whether past, present or future, of any Hazardous Substances on, in or about the Property.
C:\WP51 IBARNICLElBARNICLE,003:07D596:1551(1)
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Without limiting the foregoing, this indemnification provision specifically protects the Buyer
against any claim or action from activities described in (a), (b), (c) or (d) above, based in whole
or in part upon any Environmental Law, whether now in existence or enacted in the future.
Seller's indemnification obligation under this section shall not be limited to any
extent by the purchase price of the Property and shall continue, survive and remain in full force
and effect notwithstanding delivery of a deed to Buyer. The provisions of this Agreement shall
be deemed to survive closing on the Property.
Those liabilities, losses, claims, damages and expenses for which Buyer is
indemnified under this Section shall be reimbursable to Buyer at Buyer's option to make
payments with respect thereto, without any requirement of waiting for the ultimate outcome of
any litigation, claim or other proceeding, and Seller shall pay such liability, losses, claims,
damages and expenses to Buyer as so incurred within thirty (30) days after notice from Buyer
itemizing the amounts incurred to the date of such notice. In addition to any remedy available
for failure to periodically pay such amounts, such amounts shall thereafter bear interest at the
highest rate permitted by law, from time to time, to be charged by Buyer (the "Default Rate").
Seller waives any acceptance of this indemnity by Buyer. The failure of Buyer to
enforce any right or remedy hereunder, or to promptly enforce any such right or remedy, shall
not constitute a waiver thereof nor give rise to any estoppel against Buyer, nor excuse Seller
from their obligations hereunder. Any waiver of such right or remedy must be in writing and
signed by Buyer. This indemnity agreement is subject to enforcement at law and/or equity,
including actions for damages and/or specific performance.
10. Environmental Law Defined. For purposes of this Agreement, "Environ-
mental Law" shall mean any Federal, state, or local statutory or common law ordinance, rule
or regulation, whether now in existence or established or enacted in the future, relating to
pollution or protection of the environment, including without limitation, any common law of
nuisance or trespass, and any law, rule or regulation relating to emissions, discharges, releases
or threatened releases of pollutants, contaminants or chemicals, or industrial, toxic or hazardous
substances or waste into the environment (including without limitation, ambient air, surface
water, groundwater, land surface or subsurface strata) or otherwise relating to the manufacture,
processing, distribution, use, treatment, storage, disposal, transport or handling of pollutants,
contaminants or chemicals or industrial, toxic or hazardous substances or wastes.
11. Hazardous Waste Defined. For the purposes of this Agreement, the term
"Hazardous Substance" means any substance or material (i) identified in Section 101(14) of
CERCLA, 42 D.S.C. Statute 9601(14) and as set forth in Title 40, Code of Federal Regulations,
Part 302, as the same may be amended from time to time, or (ii) determined to be toxic, a
pollutant or contaminant, under Federal, state or local statute, law, ordinance, rule, or regulation
C:\WP51 IBARNICLElBARNICLE.OO3:02ll596: 1551 (I)
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or judicial or administrative order or decision, as same may be amended from time to time,
including but not limited to petroleum and petroleum products as defined in Section 376.301(15)
and (16), Florida Statutes, as same may be amended from time to time, (iii) asbestos, (iv) radon,
(iv) polychlorinated biphenyls and (v) such other materials, substances or waste which are
otherwise dangerous, hazardous, harmful or deleterious to human health or the environment.
12. Events of Default. Any breach of any warranty, representation or
agreement contained in this Agreement shall constitute a default hereunder and shall entitle
Buyer to exercise any and all remedies provided herein, or otherwise permitted by law.
13. Florida Law. It is agreed and understood that this Agreement shall be
governed by the laws of the State of Florida (excluding the principles thereof governing conflicts
of law).
14. Severability. If any provision of this Agreement shall be contrary to the
laws of the jurisdiction in which the same shall be sought to be enforced, the illegality or
unenforceability of any such provision shall not affect the other terms, covenants and conditions
hereof, and the same shall be binding upon Seller with the same force and effect as though such
illegal or unenforceable provision were not contained herein.
15. Successors and Assigns. All of the terms of this Agreement will apply
to and be binding upon, and inure to the benefit of, the heirs, devisees, personal representatives,
successors and assigns of Seller and Buyer, respectively, and all persons claiming under or
through them.
Balance of this page intentionally left blank.
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IN WITNESS WHEREOF, Seller has executed this Agreement effective as of the
date first above written.
Signed, sealed and delivered
in the presence of:
-,e---
..jA.....", f',(~_, l- (
(Legibly print """'" of wi_ 011 thia line)
(Siplum of.......... 011 thia line)
(Legibly print """'" of witness on thia line)
(Legibly print """'" of wi_ 011 thia line)
(SignalUK of wi_ 011 thia line)
(Legibly priIIl """'" of wi_ 011 thia liDo)
C:\ WP51 IBARNICLE\BARNICLE,003:02lJ596: 1551 (I)
Environmon1al Indemnity Agrccmcn1
(96-6015) (JNPnj)
SELLER:
/
Address:
/
Address:
6
tt
--
STATE OF FLORIDA
COUNTY OF P__k~
)
)
't"
The foregoing instrument was acknowledged before me this b - day of
February, 1996, by JOHN G. GEIGLE, who 0 is personally known to me or !;J' has produced
..... J.L...L ok...-- k..-..... as identification.
My Commission Expires:
i_~L
IC
(SEAL)
IV . f "'-v-.. '"
... "sY Pu8. OFFICIAL NOTARY SEAL
l: 0, .~ JAMES N POWELL
~..:. ;.;.' ~.:tJ..')i }. ~ COMMISSION NUMBER
H', W .. c( CC381865
P 'I <? MY COMMISSION EXP.
~; Or ;:,..0 JULY 161998
"w,."!"""".,~~-:",:,.~""._,,.~o'l)"l'l,~ ..
(Legibly prin1 name of .nary public on Lbis line)
STATE OF FLORIDA
COUNTY OF f-.~, ""
)
)
-
The foregoing instrument was acknowledged before me this ~ - day of
February, 1996, by KEVIN J. GEIGLE, who 0 is personally known to me or ~has produced
~. ~J.... ~ l......-.:. as identification.
My Commission Expires:
vf- ----
(SEAL)
/11- {AI' 1/
(Legibly print name of notary public on Lbis line)
I ",\loo~'1 Pu~ OFfICIAL NOTARY SEAL
o ~ JAIIU N POWELL
I~. ~ COMMISSION NUMBER
'11 c( CC381815
"".'. ~ MY COMMISSION UP,
'); ,,0 _~J~lJLY 161998
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SURVEY IN FILE
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SF.l.T.F.R'S AFFIDAVIT (GAP)
STATE OF FLORIDA
COUNIT OF PINEIJ.AS
BEFORE ME, a duly commissioned Notary Public with and for the State and County
aforesaid, personally appeared Matthew W. Barnicle, (the "Affiant"), who after being duly
sworn, as required by law, deposes and says:
1. That the AFFIANT is the President of Proactive Enterprises, Inc., a Florida
corporation, (hereinafter referred to as "Proactive") and he is personally familiar with all
matters related below.
2. That has fee simple title to the following described property:
See Exhibit "A" attached hereto and by this reference incorporated herein.
(hereinafter referred to as the "Property").
3. That Affiant is familiar with American Pioneer Title Insurance Company's
Title Insurance Commitment bearing an effective date of June 25, 1998 at 11:00 PM (the
"Commitment"); copy of which is attached hereto as Exhibit "B" and by this reference
incorporated herein.
4. That there have been, to our knowledge, no documents recorded in the Public
Records of Pinellas County, Florida, subsequent to June 25, 1998 at 11 :00 PM which affect
title to the Property insured; and (i) that there are no matters pending against them that
could give rise to a lien that would attach to the subject property between the effective date
of the Commitment and the recording of the instruments giving rise to the interest to be
insured; and (ll) that the Affiants have not executed and will not execute any instrument
that would adversely affect the title to the subject property or the lien of any mortgage to
be insured pursuant to the Commitment, save and except the following:
;/o/le
5. That this Affidavit is made for the purpose of inducing Powell, Carney, Hayes
& Silverstein, P.A and! or American Pioneer Title Insurance Company to issue an owner's
title insurance policy regarding the purchase of the Property by tl:!e City of Clearwater, and
c:\doslngs\Proactlve to city of dearwater.l~15\Sel1er's gap afIIdavlt
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that this Affidavit is made under the full apprehension of the law in this case made and
provided with reference to liability for any misrepresentation hereunder.
FURTHER AFFIANT SAYETII NAUGHf.
(Corporate Seal)
STATE OF FLORIDA
COUNlY OF PINELLAS
't'
The foregoing instrument was acknowledged before me this ~day of July, 1998,
byMATI1IEWW. BARNICLE, as President of)?ROACTIVEENTERPRISES, INC., a Florida
corporatio~ on behalf of the Corporation, [E(who is personally known to me, or 0 who has
produced a Florida driver's license or a Florida identification card, or 0 who has produced
as identification.
My commission expires:
(No
(NOTARY SEAL)
JAMES N. POWEll
MV COMMISSION # CC 725394
EXPIRES: July 16, 2002
Qundod Thru Notary Public Underwriters
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PAGE 2
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EXHIBIT "A"
LEGAL DESCRIPTION
All that part of Lots 8 and 9 of LESLEY'S SUBDMSION, according to the map or plat thereof
recorded in Deed Book "K" on Page 471, of the Public Records of Hillsborough County,
Florida, which lies East of the right-of-way of the public thoroughfare in the City of
Clearwater, Florida, known as Fort Harrison Avenue, and West of the right-of-way of the
public thoroughfare known as Myrtle Avenue as shown on the Plat of SUNBURST COURT,
according to the map or plat thereof recorded in Plat Book 13, Page 46, of the Public
Records of Pinellas County, Florida. LESS AND EXCEPT that part of said Lot 8 described
as follows: The East 30 feet of Lot 8 of LESLEY'S SUBDMSION of fractional Section 4,
Township 29 South, Range 15 East, which lies East of the public road running from
Clearwater to Dunedin, as recorded in Book 7, Page 14, of the Public Records of
Hillsborough County, Florida, on the 14th day of March, 1902; and also that part of said Lot
8 which lies South of a line drawn fifty (50') feet North of, and parallel to the South
boundary of said Lot 8; the Eastern terminus of said line. being in the West boundary of
Myrtle Avenue, and the Western terminus in the East boundary of Fort Harrison Avenue.
AND
A plot ofland which has a point of beginning reached by measuring South along the Section
line 62.85 feet from the Northeast comer of Section 9, Township 29 South, Range 15 East,
and thence North 89042'00" West, 30.29 feet. From the Point of Beginning thus established,
run thence South 0018'00" West, .65 of a foot; thence North 79022'55" West, 89.83 feet;
thence North 16021'00" East, 1.01 feet; thence South 79~'OO" East, 89.61 feet to the Point
of Beginning.
AND
Begin at the Northeast corner of Section 9, Township 29 South, Range 15 East, and run
South along Section line 62.85 feet; thence North 89042'00" West, 30.29 feet for a Point of
Beginning; thence North 00018'00" East, 322.60 feet; thence South 16021'00" West, 318.61
feet; thence South 79009'00' East, 89.61 feet to the Point of Beginning.
c:\closings\proactive to city of clearwater.1399-6015\,se1Jer's gap affidavit
PAGE 3
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EXHIBIT "A"
LEGAL DESCRIPTION
All that part of Lots 8 and 9 of LESLEY'S SUBDMSION, according to the map or plat thereof
recorded in Deed Book "K" on Page 471, of the Public Records of Hillsborough County,
Florida, which lies East of the right-of-way of the public thoroughfare in the City of
Clearwater, Florida, known as Fort Hamson Avenue, and West of the right-of-way of the
public thoroughfare known as Myrtle Avenue as shown on the Plat of SUNBURST COURT,
according to the map or plat thereof recorded in Plat Book 13, Page 46, of the Public
Records of Pinellas County, Florida. LESS AND EXCEPT that part of said Lot 8 described
as follows: The East 30 feet of Lot 8 of LESLEY'S SUBDMSION of fractional Section 4,
Township 29 South, Range 15 East, which lies East of the public road running from
Clearwater to Dunedin, as recorded in Book 7, Page 14, of the Public Records of
Hillsborough County, Florida, on the 14th day of March, 1902; and also that part of said Lot
8 which lies South of a line drawn fifty (50') feet North of, and parallel to the South
boundary of said Lot 8; the Eastern terminus of said line being in the West boundary of
Myrtle Avenue, and the Western terminus in the East boundary of Fort Hamson Avenue.
AND
A plot of land which has a point of beginning reached by measuring South along the Section
line 62.85 feet from the Northeast comer of Section 9, Township 29 South, Range 15 East,
and thence North 89042'00" West, 30.29 feet. From the Point of Beginning thus established,
run thence South 0018'00" West, .65 of a foot; thence North 79022'55" West, 89.83 feet;
thence North 16021'00" East, 1.01 feet; thence South 79~'OO" East, 89.61 feet to the Point
of Beginning.
AND
Begin at the Northeast comer of Section 9, Township 29 South, Range 15 East, and run
South along Section line 62.85 feet; thence North 89042'00" West, 30.29 feet for a Point of
Beginning; thence North 00018'00" East, 322.60 feet; thence South 16021'00" West, 318.61
feet; thence South 79009'00' East, 89.61 feet to the Point of Beginning.
c:\closings\proactive to city of clearwater.1399-<1015\nO lien affidavit
PAGE 3
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Plant #
(3065*98-4784)
EXHIBIT "B"
COMMITMENT
SCHEDULE A
Agent/Branch #
(1133*1399-6015)
Commitment Number
Effective Date & Tune
June 25, 1998
08:00:00 AM
Loan Amount
- CM-1-1133-52
Reinsurance Number
Owner's Amount
$370.000.00
Other Amount
1. Policy or Policies to be issued:
ALTA LOAN - 1992 (10-17-92) Florida Modified
Proposed Insured:
AL T A OWNER'S - 1992 (10-17-92)
Proposed Insured:
Florida Modified
City of Clearwater, Florida, a Municipal Corporation of the State of Florida
2. The estate or interest in the land described or referred to in the Commitment and
covered herein is:
Fee Simple
. and is at the effective date hereof vested in:
Proactive Enterprises, Inc., a Florida corporation
3. The land is described as follows:
See Exhibit "A" attached hereto and by this reference incorporated herein.
Issued by:
Powell, Carney, Hayes & Silverstein, P.A.
One Progress Plaza, Suite #1210
St. Petersburg, FL 33701
By:
Countersigned Authorized Signatory
NOTE: This Commitment consists of insert pages labeled in Schedule A. Schedule B-Section 1, and Schedule B-Section
2. This Commitment is of no force and effect unless all schedules are included, along with any Rider pages
incorporated by reference in the insert pages.
[ ] Original
[ ] Home Office Copy
[ ] Agent's Copy
[ ] Plant Copy
c:\closings\proactive to city of clearwater.1399-601~1ler's gap affidavit
PAGE 4
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Plant #
(3065*98-4784)
COMMITMENT
SCHEDULE A - continued
Agent/Branch #
(1133* 1399-60 15)
Commitment Number
- CM-I-1133-52
EXHIBIT "A'"
LEGAL DESCRIPTION
All that part of Lots 8 and 9 of LESLEY'S SUBDMSION, according to the map or plat thereof
recorded in Deed Book "K" on Page 471, of the Public Records of Hillsborough County,
Florida, which lies East of the right-of-way of the public thoroughfare in the City of
Clearwater, Florida, known as Fort Harrison Avenue, and West of the right-of-way of the
public thoroughfare known as Myrtle Avenue as shown on the Plat of SUNBURST COURT,
according to the map or plat thereof recorded in Plat Book 13, Page 46, of the Public
Records of Pinellas County, Florida. LESS AND EXCEPT that part of said Lot 8 described
as follows: The East 30 feet of Lot 8 of LESLEY'S SUBDMSION of fractional Section 4,
Township 29 South, Range 15 East, which lies East of the public road nmning from
Clearwater to Dunedin, as recorded in Book 7, Page 14, of the Public Records of
Hillsborough County, Florida, on the 14th day of March, 1902; and also that part of said Lot
8 which lies South of a line drawn fifty (50') feet North of, and parallel to the South
boundary of said Lot 8; the Eastern terminus of said line being in the West boundary of
Myrtle Avenue, and the Western terminus in the East boundary of Fort Harrison Avenue.
AND
A plot of land which has a point of beginning reached by measuring South along the Section
line 62.85 feet from the Northeast comer of Section 9, Township 29 South, Range 15 East,
and thence North 89042'00" West, 30.29 feet. From the Point of Beginning thus established,
run thence South 0018'00" West, .65 of a foot; thence North 79022'55" West, 89.83 feet;
thence North 16021'00" East, 1.01 feet; thence South 7909'00" East, 89.61 feet to the Point
of Beginning.
AND
Begin at the Northeast comer of Section 9, Township 29 South, Range 15 East, and run
South along Section line 62.85 feet; thence North 89042'00" West, 30.29 feet for a Point of
Beginning; thence North 00018'00" East, 322.60 feet; thence South 16021'00" West, 318.61
feet; thence South 79009'00' East, 89.61 feet to the Point of Beginning. .. u ---
NOTE: This Commitment consists of insert pages labeled in Schedule A. Schedule B-Section 1, and Schedule B-Section
2. This Commitment is of no force and effect unless all schedules are included, along with any Rider pages
incorporated by reference in the insert pages.
[ ] Original
[ ] Home Office <:::Opy
[ ] Agent's Copy
[ ] Plant Copy
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PAGE 5
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COMMITMENT
SCHEDULE B - SECIlON 1
I
Plant #
(3065 *98-4784)
Agent/Branch #
(1133*1399-6015)
Commitment Number
- CM-1-1133-52
The following are requirements to be complied with:
1. Instrument(s) creating the estate or interest to be insured must be approved,
executed and filed for record, to wit:
a. Warranty Deed to be executed by Proactive Enterprises, Inc., a Florida
corporation, to the City of Clearwater, a Municipal Corporation of the State
of Florida, conveying the land as described in Schedule "A" herein.
2. Payment of the full consideration to, or for the account of, the grantors or
mortgagors.
3. Payment of all taxes, charges, assessments, levied and assessed against subject
premises, which are due and payable. .
4. Satisfactory evidence should be had that improvements and/or repairs or alterations
thereto are completed; that contractor, subcontractors, labor and materialmen are
all paid.
5. Exceptions three and four of Schedule B - Section 2 of this Commitment may be
amended in, or deleted from the Policy to be issued if a survey, satisfactory to the
Company, is furnished to the Company.
6. Satisfactory proof, acceptable to the Company, must be furnished showing the
following corporation to be existing and in good standing under the laws of the State
of Incorporation: Proactive Enterprises, Inc., a Florida corporation.
7. Satisfaction of that certain Mortgage Deed executed by John Geigle, Kevin J. Geigle
and George J. Geigle in favor of Irene J. Fowlkes, dated June 16, 1979 and recorded
June 20, 1979 in Official Record Book 4871, Page 189, of the Public Records of
Pinellas County, Florida, given to secure an original principal indebtedness in the
amount of $145,000.00; thereafter modified by that certain Notice of Umitation of
Future Advance dated February 06, 1996 and recorded February 09, 1996 in Official
Record Book 9244, Page 2132, of the Public Records of Pinellas County, Florida;
thereafter modified by that certain Extension Agreement recorded February 09, 1996
in Official Record Book 9244, Page 2137, of the Public Records of PinellasCounty,_n_
Florida; and thereafter modified by that certain Modification Agreement recorded
February 23, 1996 in Official Record Book 9257, Page 194, of the Public Records of
Pinellas County, Florida.
NOTE: This Commitment consists of insert pages labeled in Schedule A. Schedule B-Section 1, and Schedule B-Section
2. This Commitment is of no force and effect unless all schedules are included, along with any Rider pages
incorporated by reference in the insert pages.
[ ] Original
[] Home Office Copy
[ ] Agent's Copy
[ ] Plant Copy
c:\closlngs\proactive to city of clearwatllr,1399-6015\s1l11er's gap affidavit
PAGE 6
Plant #
(3065*98-4784)
I COMMITMENT J
SCHEDULE B - SEmON 1 - continued
Agent/Branch #
(1133*1399-6015)
"
Commitment Number
- CM-1-1133-52
8. Satisfaction of that certain Second Mortgage executed by Proactive Enterprises, Inc.,
a Florida corporation, in favor of John G. Geigle and Kevin J. Geigle, dated February
06, 1996 and recorded February 09, 1996 in Official Record Book 9244, Page 2114,
of the Public Records of PinelIas County, Florida, given to secure an original principal
indebtedness in the amount of $175,000.00; and thereafter modified by that certain
Mortgage Modification Agreement recorded April 01, 1997 in Official Record Book
9657, Page 876, of the Public Records of Pine lIas County, Florida.
NOTE: This Commitment consists of insert pages labeled in Schedule A. Schedule B-Section I, and Schedule B-Section
2. This Commitment is of no force and effect unless all schedules are included, along with any Rider pages
incorporated by reference in the insert pages.
[ ] Original
[ ] Home Office Copy
[ ] Agent's Copy
[ ] Plant Copy
PAGE 7
c:\closings\proactive to city of cJearwater,1399-6015\seIJer's gap affidavit
.1;
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COMMITMENT
SCHEDULE B - SECTION 2
)
Plant #
(3065 *98-4784)
Agent/Branch #
(1133*1399-6015)
Commitment Number
- CM-1-1133-52
Exceptions:.
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.
1. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first
appearing in the public records 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.
2. Rights or claims of parties in possession not shown by the Public Records.
3. Encroachments, overlaps, boundary lines disputes, and other matters which would
be disclosed by an accurate survey and inspection of the premises.
4. Easements or claims of easements not shown by the Public Records.
5. Taxes or special assessments which are not shown as existing liens by the Public
Records.
6. Taxes and assessments for the year 1998 and subsequent years, which are not yet
due and payable.
7. 1997 Taxes which were paid on March 13, 1998 (installment plan):
Gross Amount - $4,850.44
Total Installment Plan Amount - $4,686.57
Total Assessed Value - $212,500.00
Taxable Assessed Value - $212,500.00
Homestead Exemption filed for 1998? No
Other Exemptions - None
Tax District - CW Clearwater
Parcel No. 09-29-15-51192-000-0080
NOTE: This Commitment consists of insert pages labeled in Schedule A. Schedule B-Section 1, and Schedule B-Section
2. This Commitment is of no force and effect unless all schedules are included, along with any Rider pages
incorporated by reference in the insert pages.
[ ] Original
[ ] Home Office Copy
[ ] Agent's Copy
[ ] Plant Copy
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PAGE 8
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NON-FOREIGN AFFIDAVIT
STATE OF FLORIDA
COUNlY OF pINELLAS
BEFORE ME, the undersigned authority, personally appeared MATIHEW W.
BARNICLE (the "Affiant"), as the President of PROACTIVE ENfERPRlSES, INC., a Florida
corporation, on behalf of the corporation, (the "Corporation"), who being first duly sworn
according to law, and under penalty of perjury, deposes and certifies as follows:
1. Section 1445 of the Internal Revenue Code provides that a transferee of aU .S.
real property interest must withhold tax if the transferor is a foreign person. To inform the
transferee that withholding of tax is not required upon the disposition of aU.S. real
property interest by the Corporation, the undersigned Affiant hereby certifies the following
on behalf of the Corporation.
2. That the Affiant is the President of the Corporation, and as such officer, has.
full knowledge of the matters set forth herein.
3. That the Corporation is the owner of that certain real property located in
Pinellas County, Florida, and more particularly described as follows:
See Exhibit "A" attached hereto and by this reference incorporated herein.
Hereinafter referred to as the "Property".
4. That the corporation has entered into a purchase and sale contract with the
CITY OF CLEARWATER (the "fransferee"), whereby the Corporation has agreed to sell and
the Transferee has agreed to purchase the Property.
5. That the Corporation is not a "foreign corporation" (as such term is defined
in the Internal Revenue Code and Income Tax Regulations).
6. That the Corporation's U.S. employer identification number is: #59-3356201,
and its office address is 1707 North Fort Harrison Avenue, Clearwater, Florida.
7. That the Corporation understands that this Affidavit and ceqificati()_IlIllayb~
disclosed to the Internal Revenue Service by the Transferee or by any settlement agent to
the transaction referred to above and that any false statement contained herein could be
punished by fine, imprisonment, or both.
c:\closings\proactive to city of clearwater.1399-601S\corporation non foreign affidavit
)
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Under penalties of peIjury, I, the undersigned Affiant, declare that I have examined
this Affidavit and certification, and to the best of my knowledge and belief, it is true, correct
and complete, and I further declare that I have authority to sign this document on behalf of
the Corporation as the President of the corporation.
Proactive Enterprises, Inc.
ew'W. Barnicle, as President
(Corporate Seal)
STATE OF FLORIDA
COUNlY OF PINEllAS
r
The foregoing instrument was acknowledged before me this ~-day of July, 1998,
byMATIHEWW. BARNICLE, as President ofPROACITVE ENTERPRISES, INC., a Florida
corporation, on behalf of the Corporation, IIlWho is persoruilly known to me, or 0 who has
produced a Florida driver's license or a Florida identification card, or 0 who has produced
as iden . tion.
--0~
My commission expires:
(NOTARY SEAL)
......~"..,.. JAMES N. POWELL
{!<!f'ib.~~ MY COMMISSION 1/ CC 725394
;.,.:.~i;<} EXPIRES: July 16, 2002
~1.';;;;\,~'" Bonded Thru Notary Public Underwrrters
"...""
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PAGE 2
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EXHIBIT "A"
LEGAL DESCRIPTION
All that part of Lots 8 and 9 of LESLEY'S SUBDMSION, according to the map or plat thereof
recorded in Deed Book "K" on Page 471, of the Public Records of Hillsborough County,
Florida, which lies East of the right-of-way of the public thoroughfare in the City of
Clearwater, Florida, known as Fort Harrison Avenue, and West of the right-of-way of the
public thoroughfare known as Myrtle Avenue as shown on the Plat of SUNBURST COURT,
according to the map or plat thereof recorded in Plat Book 13, Page 46, of the Public
Records of Pinellas County, Florida. LESS AND EXCEPT that part of said Lot 8 described
as follows: The East 30 feet of Lot 8 of LESLEY'S SUBDMSION of fractional Section 4,
Township 29 South, Range 15 East, which lies East of the public road running from
Clearwater to Dunedin, as recorded in Book 7, Page 14, of the Public Records of
Hillsborough County,Florida, on the 14th day of March, 1902; and also that part of said Lot
8 which lies South of a line drawn fifty (50') feet North of, and parallel to the South
boundary of said Lot 8; the Eastern terminus of said line being in the West boundary of
Myrtle Avenue, and the Western terminus in the East boundary of Fort Harrison Avenue.
AND
A plot of land which has a point of beginning reached by measuring South along the Section
line 62.85 feet from the Northeast comer of Section 9, Township 29 South, Range 15 East,
and thence North 89042'00" West, 30.29 feet. From the Point of Beginning thus established,
run thence South 0018'00" West, .65 of a foot; thence North 79022'55" West, 89.83 feet;
thence North 16021'00" East, 1.01 feet; thence South 790c}'OO" East, 89.61 feet to the Point
of Beginning.
AND
Begin at the Northeast comer of Section 9, Township 29 South, Range 15 East, and run
South along Section line 62.85 feet; thence North 89042'00" West, 30.29 feet for a Point of
Beginning; thence North 00018'00" East, 322.60 feet; thence South 16021'00" West, 318.61
feet; thence South 79009'00' East, 89.61 feet to the Point of Beginning.
c:\closings\proactive to city of clearwater.139'Hi015\nO lien affidavit
PAGE 3
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AFFIDAVIT OF NO LIENS
STATE OF FLORIDA
COUNTY OF PINEllAS
BEFORE ME, a du1y commissioned Notary Public with and for the State and County
aforesaid, personally appeared Matthew W. Barnicle, (the "Affiant"), who after being du1y
sworn, as required by law, deposes and says:
1. That the AFFIANT is the President of Proactive Enterprises, Inc., a Florida
corporation, (hereinafter referred to as "Proactive") and he is personally. familiar with all
matters related below.
2. That Proactive has fee simple title to the following described property:
See Exhibit "A" attached hereto and by this reference incorporated herein.
(hereinafter referred to as the "Property").
3. That the Proactive has possession of the Property and that there is no other
person or entity in possession who has any right in the Property.
4. That no NOTICE OF COMMENCEMENT, as contemplated by Section 713.13,
Florida Statutes, has been recorded or posted affecting the Property nor has the Affiant
received a NOTICE TO OWNER as contemplated by Section 713.06(2), Florida Statutes,
and there are no unrecorded labor, mechanics' or materialmen's liens against the Property
and no materials have been furnished to or labor performed upon the Property that have
not been paid in full.
5. That there are no unrecorded easements or right-of-way for users or adverse
interest with respect to the Property.
6. That the subject property is completely vacated and there are no remaining
tenancies or occupants in possession of the subject property. Shou1d any party, or parties,
claim any right of occupancy through lease, rental agreement or oral representations, Affiant
shall remain fully liable to the Purchaser for all costs of removal of such party, or parties,
including court costs and attorneys fees.
7. That Proactive is the owner of, and there are no claims or liens whatsoever of
anykUid or descIi.pnOriagamst,ilie-furiiifufe, -fiXttifes~-eqUipmentaria personal property
located in the improvements on the Property.
8. There are no existing contracts for sale or contracts for deed or other
contractual rights or mortgage commitments affecting the Property.
c::\doslngs\proac:tlve to city of dearwmer, 1399-6015\r1o Uen aIlIdavlt
'~, ~ - .......
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9. That there are no judgments, liens, special assessments, easements,
assessments for sanitary sewers, paving, mowing or other public utilities or other claims,
recorded or unrecorded, against the Property.
10. That there are no outstanding amounts due for water, sewer and/or garbage
and that any water, sewer and/or garbage bills that are now due and payable will be paid
by the appropriate parties.
11. That the subject property is not the Homestead of Proactive, nor of your
Affiant, and it hereby avers that it has a separate homestead.
12. 1bat this Affidavit is made for the purpose of inducing Powell, Carney, Hayes
& Silverstein, P .A. and/or American Pioneer Title Insurance Company to issue an owner's
title insurance policy regarding the purchase of the Property by the City of Clearwater, and
that this Affidavit is made under the full apprehension of the law in this case made and
provided with reference to liability for any misrepresentation hereunder.
FURTHER AFFIANT SAYETII NAUGHT.
(Corporate Seal)
STATE OF FLORIDA
COUNTY OF PINELLAS
r
The foregoing instrument was aclmowledged before me this ~ day of July, 1998,
by MATIHEW W. BARNICLE, as President ofPROACIlVE ENTERPRISES, INC., a Florida
corporation, on behalf of the Corporation, 0 who is personally lmown to me, or 0 who has
produced a Florida driver's license or a Florida identification card, or 0 who has produced
as identification.
-~~
My commission expires:
bUe to sign onJine above)
,J""""""", 1-1. <.:, "'-'.1
bUe to print name on line above)
(NOTARY SEAL)
/~~~r.~t:-. JAMES N. POWEIl.
~(~"~]j MY COMMISSION # CC 725394
~.....~~i EXPIRES: July 16 2002
';;~Fif::':f,'\\\ Bcnded Thru Notary Public 'Underwriters
-
c::\dos1ngs\proactlve to city of delllWllter.1399-6015V1o Den aflidavlt
PAGE 2
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EXHIBIT "A"
LEGAL DESCRIPTION
All that part of Lots 8 and 9 of LESLEY'S SUBDMSION, according to the map or plat thereof
recorded in Deed Book "K" on Page 471, of the Public Records of Hillsborough County,
Florida, which lies East of the right-of-way of the public thoroughfare in the City of
Clearwater, Florida, known as Fort Harrison Avenue, and West of the right-of-way of the
public thoroughfare known as Myrtle Avenue as shown on the Plat of SUNBURST COURT,
according to the map or plat thereof recorded in Plat Book 13, Page 46, of the Public
Records of Pinellas County, Florida. LESS AND EXCEPT that part of said Lot 8 described
as follows: The East 30 feet of Lot 8 of LESLEY'S SUBDMSION of fractional Section 4,
Township 29 South, Range 15 East, which lies East of the public road running from
Clearwater to Dunedin, as recorded in Book 7, Page 14, of the Public Records of
Hillsborough County, Florida, on the 14th day of March, 1902; and also that part of ~aid Lot
8 which lies South of a line drawn fifty (50') feet North of, and parallel to the South
boundary of said Lot 8; the Eastern terniinus of said line being in the West boundary of
Myrtle Avenue, and the Western terminus in the East boundary of Fort Harrison Avenue.
AND
A plot of land which has a point of beginning reached by measuring South along the Section
line 62.85 feet from the Northeast comer of Section 9, Township 29 South, Range 15 East,
and thence North 89042'00" West, 30.29 feet. From the Point of Beginning thus established,
run thence South 0018'00" West, .65 of a foot; thence North 79022'55" West, 89.83 feet;
thence North 16021'00" East, 1.01 feet; thence South 79~'OO" East, 89.61 feet to the Point
of Beginning.
AND
Begin at the Northeast comer of Section 9, Township 29 South, Range 15 East, and run
South along Section line 62.85 feet; thence North 89042'00" West, 30.29 feet for a Point of
Beginning; thence North 00018'00" East, 322.60 feet; thence South 16021'00" West, 318.61
feet; thence South 79009'00' East, 89.61 feet to the Point of Beginning.
I
I I
Request for Taxpayer Give form to ~he
(Rev. March 1994) Identification Number and Certification requester. Do; NOT
Department of the Treasury send to the IRS.
ln1emal Revenue Setvlce I
Name (1I/olnt names, list first and circle the name 'of the person or entity whose number you enter in Part I below. See IrqtrucllOl1s an page Z II Jour name has changed.)
8. I i
/}
Fonn W-9
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o
-
C
't:
a.
41
lit
III
U
a::
Buslness name (Sole proprietors see Instructions an page 2.).
PROACTIVE ENTERPRISES t INC.
Ptease check appropriate box: 0 IndivlduaVSole proprietor
Address (number, street, and apt. or suite no.)
City, state, and ZIP code
o Corporation
I
i
o Partnership 0 Other ~ --------.---._____..__...L._..
Requester's name and address (optional)
OR
~
Signature ..
. ,." j
. ..~..-\ l
',....... .. 1
. , I . r .. '-
Tax a er Identification Number
Enter your TIN In the appropriate box. For
individuals, this is your social security number
(SSN), For sole proprietors, see the Instructions
. on page 2, For other entitles, It is your employer
Identification number (EIN). If you do not have a
number, see How To Get a TIN below.
Note: If the account is in more than one name,
see tbe chart on page 2 for guidelines on whose
number to enter. -----
Certification
Under penalties of perjury. I certify that:
'1. The number shown an this form is my correct taxpayer identification number (or I am waiting far a number to be issued to me), and
2. I am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Intemal
Revenue Service that I am subject to backup withholding as a result of a failure to report aU interest or dividends, or (c) t,he IRS has nq,tified
me that I am no longer subject to baCkup withholding. i I I
Certification Instructions.-You must cross aut item 2 above if you have been notified by the IRS that you are currently subject to backu~
withholding because of underreporting interest or dividends on your tax retum, For real estate transactions, item 2 does not apply. For mortgage
interest paid, the acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement ','
(IRA), and generally payments other than Interest and dividends, you are not required to sign the Certification, but you must provide your correct
TIN. (Also see Part III instruction on p ge 2.)
Section references are to the Internal
Revenue Code.
Purpose of Form.-A person who is
required to file an information retum with
th.e IRS must get your correct TIN to report
Income paid to you, real estate
transactions, mortgage interest you paid,
the, acquisition or abandonmellt of secured
property, cancellation of debt, or .
contributions you made to an IRA. Use
Form W-9 to give your correct TIN to the
requester (the person requesting your TIN)
and, when applicable, (1) to certify the TIN
you are giving Is correct (or you are waiting
for a number to be issued), (2) to certify
you are not subject to backup withholding,
or (3) to claim exemption from backup
withholding if you are an exempt payee.
Giving your correct TIN and making the
appropriate certifications will prevent
certain payments from being subject to
backup withholding.
Note: If a requester gives you a form other
than a W-9 to request your nN, you must
use the requester's form if It is substantially
similar to this Form W.9.
What Is Backup Withholding1-Persons
making certain payments to you must
withhold and pay to the IRS 31 % of such
payments under certain con
called "backup withholding.. Payments
that could be subject to backup
withholding Include interest, dividends,
broker and barter exchange transactions,
rents, royalties, nonemployee pay, and
certain payments from fishing boat
operators. Real estate transactions are not
subject to backup withholdi!19'
If you give the requester your correct
TIN, make the proper certifications, and
report all your taxable Interest and
dividends on your tax retum, your
payments will not be subject to backup
withholding. Payments you receive will be
subject to backup withholding if:
1. You do not furnish your TIN to the
requester, or
2. The IRS tells the requester that you
furnished an Incorrect TIN, or
3. The IRS tells you that you are subject
to backup withholding because you did not
report all your interest and dividends on
your tax return (for reportable interest and
dividends only), or
4. You do not certify to the requester
that )ou are not subject to backup
withholding under 3 above (for reportable
Ust account number(
~
i
d dividend accounts opened
after 1983 only), or. i
5. You do not certify your TIN. See the
Part III instructions for exceptions. I
, i
Certain payees and payments are I
exempt from backup withholding and
information'reporting. See the Part II i .
instructions and the separate Insiruquons
for the Requester of Form W-9.
How To Get a TIN.-If you do not have a
TIN, apply for one immediately. To apply,
get Fonn 55-5, Application for a Social
Security Number Card (for individuals),
from your local office of the Social Security.
Administration, or Form 55-4, Application
for Employer Identification Number (for
businesses and all other entities), from
your local IRS office.
If you do not have a TIN, write "Applied
For" in the space for the TIN in Part I, sign
and date the form, and give it to the
requester. Generally, you will then have 60
days to get a TIN and give it to the
requester. If the requester does not receive
your TIN within 60 days, backup
withholding, if applicable, will begin and
continue until you fumish your TIN. i
y
Fonn W -9 (Rev. 3-94)
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ADDENDUM/AMENDMENT TO
PURCHASE AND SALE AGREEMENT
Relinquished Property
The following is an addendum/amendment to that certain Purchase and Sale
Agreement by and between PROACTIVE ENTERPRISES, INC., as Seller(s) (hereinafter referred
to as "Seller"), and CITY OF CLEARWATER, FLORIDA, as Purchaser(s) (hereinafter referred
to as "Purchaser") dated June 4, 1998.
SELLER AND PURCHASER AGREE AS FOLLOWS:
A material part of the consideration to Seller for selling the subject property is that
Seller has the option to qualify this transaction as part of a tax deferred exchange under Section 1031
of the Internal Revenue Code. Purchaser agrees to cooperate in the exchange provided Purchaser
incurs no additional liability, cost or expense.
SRI1RR:
PURCHASER:
PROACTIVE ENTERPRISES, INC.
By:-#k~~
~Ji}ffitU lJJ ~fWlr.LE
(Lqpbly print IIaIDCl of otlicer on this line)
Its J7R~[ DrtfVr
. (Leaibly pDnI tiIIe of oflicer on lbia line)
President
CITY OF CLEARWATER, FLORIDA
BY:~~_~
4?2~;e y~/c:~ ~..~
(LeaihIy pDnIlIIIIIe of ofIicer on this line) /
Its C4d..t.- 4/. ~;Y
(LeaihIy pDnI tiIIe of ofIicer on this line)
(CORPORATE SEAL)
(CORPORATE SEAL)
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NOTICE OF ASSIGNMENT OF PURCHASE CONTRACT
RELINQUISHED PROPERTY
Exchange Number
City of Clearwater
P.O. Box 4748
Clearwater, FL 34618-1748
You are hereby notified, pursuant to Treasury Regulation Section 1.1031(k)-l(g)(4)(v),that
the Purchase Contract dated June 4, 1998, by you and PROACTIVE ENTERPRISES, INC. with
respect to that certain real property known as 1707 North Fort Harrison Avenue, Clearwater, Florida
33755 and more particularly described in Exhibit "A" attached hereto and incorporated herein by
reference, including any amendments and addenda thereto, has been assigned by PROACTIVE
ENTERPRISES, INC. to BANK OF ST. PETERSBURG, for the sole purpose offacilitating an IRC
Section 1031 exchange.
In order to acknowledge your receipt of this Notice and a copy of the executed Assignment
of Purchase Contract - Relinquished Property, please sign four (4) copies of this Notice of
Assignment.
This Notice may be executed or acknowledged in one or more counterparts, each of which
shall be deemed an original, but all of which together shall constitute one and the same instrument.
This Notice may be transmitted by facsimile, and upon receipt shall be deemed an original.
PROACTIVE ENTERPRISES, INC.
Dated:~
BY:~~
TTHEW W. BARNICLE
Purchaser hereby acknowledges receipt of this Notice and a copy of executed Assignment of
Purchase Contract - Relinquished Property.
CITY OF CLEARWATER, FLORIDA
Dated:..... ... 7/ Y 9.v-
/
BY:~
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EXHffiIT "A"
LEGAL DESCRIPTION
All that part of Lots 8 and 9 ofLESLEYS SUBDMSION, according to the map or plat thereof
recorded in Deed Book "K" on Page 471, of the Public Records of Hillsborough County,
Florida, which lies East of the right-of-way of the public thoroughfare in the City of
Clearwater, Florida, known as Fort Harrison Avenue, and West of the right-of-way of the
public thoroughfare known as Myrtle Avenue as shown on the Plat of SUNBURST COURT,
according to the map or plat thereof recorded in Plat Book 13, Page 46, of the Public
Records of Pinellas County, Florida. LESS AND EXCEPT that part of said Lot 8 described
as follows: The East 30 feet of Lot 8 of LESLEYS SUBDMSION of fractional Section 4,
Township 29 South, Range 15 East, which lies East of the public road running from
Clearwater to Dunedin, as recorded in Book 7, Page 14, of the Public Records of
Hillsborough County, Florida, on the 14th day of March, 1902; and also that part of said Lot
8 which lies South of a line drawn fifty (50') feet North of, and parallel to the South
boundary of said Lot 8; the Eastern terminus of said line being in the West boundary of
Myrtle Avenue, and the Western terminus in the East boundary of Fort Harrison Avenue.
AND
A plot of land which has a point of beginning reached by measuring South along the Section
line 62.85 feet from the Northeast comer of Section 9, Township 29 South, Range 15 East,
and thence North 89042'00" West, 30.29 feet. From the Point of Beginning thus established,
run thence South 0018'00" West, .65 of a foot; thence North 79022'55" West, 89.83 feet;
thence North 16021'00" East, 1.01 feet; thence South 79~'OO" East, 89.61 feet to the Point
of Beginning.
AND
Begin at the Northeast comer of Section 9, Township 29 South, Range 15 East, and run
South along Section line 62.85 feet; thence North 89042'00" West, 30.29 feet for a Point of
Beginning; thence North 00018'00" East, 322.60 feet; thence South 16021'00" West, 318.61
feet; thence South 79009'00' East, 89.61 feet to the Point of Beginning.
.
,
. "
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QUALIFIED INTERMEDIARY AGREEMENT
THIS QUALIFIED INTERMEDIARY AGREFMENTis entered into by and between
BANK OF ST. PETERSBURG, as a Qualified Intermediary (the "Qualified Intermediary"),
PROACTIVE ENTERPRISES, INC., a Florida corporation ("Exchanger") and CITY OF
CLEARWATER, FLORIDA, a municipal corporation of the State of Florida ("Purchaser").
RECITALS
A Exchanger is the owner of the real estate legally described in Exhibit "A" of
this Agreement (the "Primary Property").
B. The Purchaser desires to acquire the Primary Property.
C. Exchanger does not wish to sell the Primary Property for cash but instead
desires to exchange the Primary Property for other real property of like kind within the meaning of
Section 1031 of the Interna/ Revenue Code of 1986, as amended (the "Code").
D. Purchaser and Exchanger have entered into a Contract for Sale and Purchaser
dated June 4, 1998, with respect to the Primary Property (the "Real Estate Contract").
E. Exchanger, in order to effectuate a like kind exchange, will assign its rights
under the Real Estate Contract to the Qualified Intermediary in accordance with the terms and
conditions of this Agreement.
F. Purchaser and Exchanger have agreed that Purchaser will payor cause to be
paid all sums due Seller under the Real Estate Contract directly to the Qualified Intermediary in order
to discharge Purchaser's obligations under the Real Estate Contract and in order to facilitate the
accomplishment of a tax-deferred exchange under Section 1031 of the Code, by Exchanger.
NOW, 11lEREFORE, it is mutually agreed as follows:
1. Recitals. The above recitals are true and correct and are incorporated herein
by reference. Any exhibits referred to herein or attached hereto are incorporated herein by reference.
2. Exchange Value.
(a) At the Closing on the Primary Property (the_"Primary ClosiIlg"),-_
Purchaser, pursuant to the Real Estate Contract, shall deposit with the Qualified Intermediary, by
closing agent's trust check or wire transfer of immediately available funds, the net proceeds due
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Exchanger pursuant to the Real Estate Contract. If the Real Estate Contract is terminated this
Agreement shall be tenninated.
(b) Qualified Intermediary, upon the receipt of the net proceeds due
Exchanger pursuant to the Real Estate Contract, shall direct Exchanger to deed the Primary Property
to Purchaser. Qualified Intermediary shall deposit and hold the net proceeds due Exchanger pursuant
to the Real Estate Contract in an account (the "Intermediary Account") pursuant to the terms of this
Agreement.
3. Exchange Property. On or before forty-five (45) days from the date of the
Primary Closing, Exchanger shall identify, in writing, to the Qualified Intermediary a parcel or parcels
of real estate (individually "Exchange Property" and collectively "Exchange Properties") to be
acquired by the Qualified Intermediary pursuant to this Agreement. For purposes of this Agreement,
the "net purchase price" as to each Exchange Property shall mean the cash required for the Qualified
Intermediary to consummate the purchase of such Exchange Property after making proper allowances
for any mortgage balances and net prorations and paying all title expenses, escrow charges, transfer
taxes, attorneys' fees and other charges reasonably incurred or to be incurred by the Qualified
Intermediary with respect to the acquisition of such Exchange Property and transferring it to the
Exchanger. If, and to the extent that the net purchase price of any Exchange Property identified by
Exchanger exceeds the amount of the Intermediary Account then held by the Qualified Intermediary
pursuant to this Agreement, Exchanger will deliver to the Qualified Intermediary prior to the closing
date of such Exchange Property (or at Qualified Intermediary's option, prior to execution of an
acquisition agreement to acquire such Exchange Property) the amount of such difference (" Additional
Funds") to enable the Qualified Intermediary to acquire such Exchange Property, in accordance with
the terms described in paragraph 4. The Qualified Intermediary shall not be required to enter into any
agreement to acquire an Exchange Property or to close the acquisition of such Exchange Property
unless the Qualified Intermediary determines, in its sole discretion, that the Qualified Account has or
will have adequate funds to consummate such acquisition.
4. Acquisition of Exchange Property.
(a) It: on or before forty-five (45) days from the date of Primary Closing,
Exchanger shall identify one or more exchange Properties by written notice to the Qualified
Intermediary, the Qualified Intermediary shall use its best efforts to purchase each Exchange Property
so identified within one hundred eighty (180) days from the date of the Primary Closing, at the
purchase price and upon such other terms and conditions, including but not limited to conditions of
title, as shall have been approved by Exchanger.
n._______________ (b)- The Qualified Intermediary shall receive written authorization from
Exchanger to purchase each Exchange Property within escrow Account funds utilized as aforesaid,
no later than forty-eight (48) hours prior to the acquisition of each respective Exchange Property.
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If an exchange Property is located outside the State of Florida, the Qualified Intermediary shall
receive such written authorization no later than seventy-two (72) hours prior to the acquisition of
such Exchange Property.
(c) Unless Exchanger delivers to the Qualified Intermediary the balance
of any Additional Funds which are required to complete the purchase of each Exchange Property no
later than five (5) business days prior to the date such funds are required to be paid pursuant to the
purchase and sale contract for the Exchange Property. the Qualified Intermediary shall not be required
to complete such purchase. The Qualified Intermediary shall utilize. as necessary. the Intermediary
Account. in order to complete the purchase of the Exchange Property. All income earned in the
Intermediary Account shall be paid to the Exchanger or as the Exchanger shall direct.
(d) The Qualified Intermediary shall direct the seller of each Exchange
Property to convey such Exchange Property directly to Exchanger. Notwithstanding anything to the
contrary herein, in no event shall the Qualified Intermediary be required to execute any instrument
containing covenants of warranty.
5. Termination by Lapse of Time.
(a) In the event that either (i) the Exchanger shall fail to identify one or
more Exchange Properties by written notice to the Purchaser and the Qualified Intermediary on or
before forty-five (45) days from the date of the Primary Closing, or (ii) the Exchanger identifies one
or more Exchange Properties by written notice to the Qualified Intermediary on or before forty-five
(45) days from the date of the Primary Closing, but such Exchange Property is not acquired within
one hundred eighty (180) days of the date of the Primary Closing, or (iii) one or more Exchange
Properties are acquired by the Qualified Intermediary within one hundred eighty (180) days from the
date of the Primary Closing, and funds remain in the Intermediary Account one hundred eighty (180)
days after the date of the Primary Closing, then the unexpended and unapplied funds shall be paid to
Exchanger and this Agreement shall thereupon terminate.
(b) Notwithstanding the foregoing provisions. in no event shall the
Qualified Intermediary disburse the funds comprising the Intermediary Account on or before forty-
five (45) days from the date of the Primary Clpsing except as necessary to acquire Exchange
Properties and further provided. if the Qualified Intermediary has executed one or more contracts to
purchase one or more Exchange Properties which have not been acquired by the Qualified
Intermediary within one hundred eighty (180) days from the date of the Primary Closing, and the
Qualified Intermediary reasonably determines that it may be liable at law or in equity under such
contracts. the Qualified Intermediary is not required to pay to or distribute the Intermediary Account
.. as provided in this paragraph5 until such time as the Qualified Intermediary obtains a complete release
of liability under such contracts. at which time this Agreement shall terminate and the funds
constituting the Intermediary Account shall be paid in the manner described above.
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6. Rights 0/ exchanger. Exchanger has no right to receive, pledge, borrow or
otherwise obtain the benefits of the Intermediary Accoun~ except solely as provided in paragraphs
4 and 5 above. Exchanger shall have the right to receive the Intermediary Account.
7. No Obligation/or Toxes. The Qualified Intermediary shall not have any
obligation to pay any income, profit or other taxes with respect to the Intermediary Account.
However, if any taxes are imposed on the Qualified Intermediary or the Intermediary Account, such
taxes shall be payable out of the Intermediary Account as an expense of the Intermediary Account.
8. Reimbursement to the Qualified Intermediary.
(a) If the Qualified Intermediary shall make any advances or incur any
expenses under this Agreement or otherwise shall incur any expenses by reason of being a party to
any litigation in connection with this Agreement or the Intermediary Account, or if the Qualified
Intermediary shall be compelled to pay money on account of this Agreement or the Intermediary
account whether for breach of contract, injury to person or property, fines or penalties under any law,
or otherwise, except in the cause of the Qualified Intermediary's willful misconduct or gross
negligence, Exchanger agrees, on demand, to pay to the Qualified Intermediary, with interest at its
prime rate in effect from time to time plus two percent (2%), the amount of all such expenses,
advances or payments made by the Qualified Intermediary, plus all the Qualified Intermediary's out-
of-pocket expenses and reasonable attorneys' fees.
(b) Before making demand on exchanger for any such expenses, the
Qualified Intermediary shall first attempt to satisfy such expenses from the Intermediary Account.
(c) The Qualified Intermediary shall not be required to convey, transfer
or otherwise deal with the Intermediary Account or any part of it until all of the payments, advances
and expenses made or incurred by it shall have been paid, with interest, or adequate provision has
been made therefor, in the sole discretion of the Qualified Intermediary.
9. Sufficient Funds. Except as otherwise provided herein, the Qualified
Intermediary shall not be obligated to payor disburse any funds under this Agreement or for the
Intermediary Account or to prosecute or defend any legal proceeding involving this Agreement or
the Intermediary Account unless it shall elect to do so and be furnished with sufficient funds or be
indemnified to its satisfaction. If the qualified Intermediary is served with process or notice oflega!
proceedings or any other matter concerning this Agreement or the Intermediary Account, the sole
duty of the Qualified Intennediary shall be to serve copies of the process or notice on Exchanger and
Purchaser.
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10. No Inquiry. Anyone who may deal with the Qualified Intermediary shall not
be required or privileged to inquire into the necessity or expediency of any act of the Qualified
Intermediary or into the provisions of this Agreement.
11. Resignation. The Qualified Intermediary may at any time resign by serving
notice of such intention on the Exchanger. Such resignation shall become effective five (5) days after
service of such notice. Upon such resignation, a successor Qualified Intermediary may be appointed
in writing by the Qualified Intermediary. Exchanger may, within ten (10) days of receiving notice of
such appointment, object to such appointment. If Exchanger objects, Exchanger shall select a
Successor Qualified Intermediary. The Qualified Intermediary shall thereupon transfer the
Intermediary Account to such Successor Qualified Intermediary. If no Successor Qualified
Intermediary is named as above provided within ten (10) days after service of such objections by
Exchanger, the Qualified Intermediary shall distribute the balance of the Intermediary Account as
described in paragraph 5 and this Qualified Intermediary Agreement shall thereupon terminate.
12. Powers of Successor Qualified Intermediary. Every Successor Qualified
Intermediary shall become fully vested with all the title, estate, rights, powers and trusts, and shall
be subject to the duties and obligations of its predecessor.
13. No Inquiry. The Qualified Intermediary shall not be required to inquire into
the propriety of any direction given it by Exchanger under this Agreement. The Qualified
Intermediary shall have no liability whatsoever arising out of its investment or non-investment of the
Intermediary Account in the absence of direction.
14. No Liability and Indemnification. The Qualified Intermediary shall not be
required to assume any obligations or liability in dealing with the Intermediary Account or to make
itself liable for any damages, costs, expenses, fines or penalties, or to deal with title to the
Intermediary Account so long as any money is due to it hereunder. The Qualified Intermediary shall
not be liable for any action taken or omitted by it in good faith and believed by it to be within the
discretion and power conferred upon it by this Agreement, nor for any action taken or omitted by it
when acting upon any instrument believed by it to be genuine so long as the Qualified Intermediary
shall, in the performance of its duties hereunder, exercise that degree of care as would a reasonably
prudent escrow agent under similar circumstances. The Exchanger agrees to indemnify the Qualified
Intermediary and hold it harmless from and against any and all claims, liabilities, losses, actions,
damages, suits or proceedings, at law or in equity, and any and all expenses, fees or charges of any
kind or character arising out of actions of the indemnifying party, which the Qualified Intermediary
may incur or with which the Qualified Intermediary may be threatened by reason of any matter arising
out ot: connected with, or related to its acting as the Qualified Intermediary hereunder, to include,
-------butnot.being limited .to, reasonably attorneys' fees and costs for all proceedings, trials and appeals.
The Qualified Intermediary shall not be deemed to have notice or knowledge of any fact hereunder
unless written notice thereof is delivered to it. If any dispute arises between the parties, or between
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any party and the Qualified Intermediary or as to its rights and duties hereunder, or if any attachment,
garnishment or sequestration is instituted or procured respecting any property deposited with the
Qualified Intermediary and a writ, order or rule of attachment, garnishment or sequestration is levied
upon such property while held by the Qualified Intermediary, the parties shall not contest the right
of the Qualified Intermediary to file a bill of interpleader and to deposit such property so deposited.
Upon the institution of any proceeding, the Qualified Intermediary shall have a lien upon such
property for a sum sufficient to pay the costs, reasonable counsel fees and necessary disbursements
in connection with any such proceeding.
15. Management and Control. It is not contemplated that any Exchange Property
will comprise part of the Intermediary Account, it being contemplated that the Qualified Intermediary
will arrange for the direct conveyance of Exchange Property to the Exchanger. At no time shall the
Qualified Intermediary have the right or obligation to possess, manage, contro~ rent, repair, maintain
or otherwise handle or deal with Exchange Property. The Qualified Intermediary shall have no right
or duty in respect to the payment of taxes or assessments or insurance, litigation or other matters
relating to any Exchange Property or any other part of the Intermediary Account. Neither Exchanger
nor Purchaser is the agent of the Qualified Intermediary for any purpose, and neither has any authority
to contract or to execute leases or do any other act for or in the name of the Qualified Intermediary
or to obligate the Qualified Intermediary individually or as the Qualified Intermediary.
16. Substitution. If at any time any property in the Intermediary Account, whether
by acquisition, transfer or otherwise, is situated in a jurisdiction in which the Qualified Intermediary
is unable or unwilling to act, the Qualified Intermediary may appoint a substitute for the Qualified
Intermediary to act with respect thereto; and in connection therewith the Qualified Intermediary may
delegate to any such substitute any or all of the powers given to the Qualified Intermediary and shall
supervise and control the acts, to the extent possible, of any such substitute.
17. MIScellaneous Provisions.
( a) This Agreement shall not be recorded.
(b) This Agreement shall be governed by and construed in accordance with
the laws of the State of florida. In this Agreement the plural includes the singular and vice versa.
( c) All notices to be given under this Agreement shall be in writing and
served personally or by registered or certified mail, return receipt requested, with proper postage
prepaid, to the parties and Exchanger at the following addresses:
If to Exchanger:
Proactive Enterprises, Inc.
1707 North Fort HanisonAvenue________
Clearwater, FL 33755
Attn: Matthew W. Barnicle
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If to Qualified Intermediary:
Bank of St. Petersburg
. 777 Pasadena Avenue South
St. Petersburg, Florida 33707
Attn: Frank A Lafalce
or such other addresses as any party may have heretofore designated by written notice so served.
Each such notice shall be deemed served on the date on which the return receipt is signed or.delivery
is refused or the notice is designated by the postal authorities as not deliverable, as the case may be.
(d) Each of the terms and provisions of this Agreement is an is to be
deemed severable in whole or in part and, if any term or provision or the application thereof in any
circumstances should be invalid, illegal or unenforceable, the remaining terms and provisions or the
application thereof in any circumstances other than those as to which it is held invalid, illegal or
unenforceable, shall not be affected and shall remain in full force and effect.
( e) This Agreement and the right and obligations of the parties hereto shall
inure to the benefit of and shall bind the parties hereto and their respective successors and assigns.
In the event Exchanger terminates, dissolves or dies, as the case may be, prior to the time of
distribution of any property otherwise distributable to Exchanger, said property shall be distributed
to Exchanger's successors or assigns or, in the event of Exchanger's death, to his estate.
(f) This Agreement is irrevocable and shall not be amended, altered or
revoked.
IN WITNESS WHEREOF, the Qualified Intermediary, Exchanger and Purchaser have
caused this Qualified Intermediary Agreement to be signed as of the dates indicated below.
QUAliFIED INTERMEDIARY:
EXCHANGER:
BANK OF ST. PETERSBURG
PROACTIVE ENTERPRISES, INC.
By:
Frank A. Lafalce, President
By:
Date:
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PURCHASER:
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C:lMyFiles1MISCIBomicIe11031 Ajp'eemenI. wpd
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EXHIBIT "A"
LEGAL DESCRIPTION
All that part of Lots 8 and 9 of LESLEY'S SUBDMSION, according to the map or plat thereof
recorded in Deed Book ''I{'' on Page 471, of the Public Records of Hillsborough County,
Florida, which lies East of the right-of-way of the public thoroughfare in the City of
Clearwater, Florida, known as Fort Harrison Avenue, and West of the right-of-way of the
public thoroughfare known as Myrtle Avenue as shown on the Plat of SUNBURST COURT,
according to the map or plat thereof recorded in Plat Book 13, Page 46, of the Public
Records of Pinellas County, Florida. LESS AND EXCEPT that part of said Lot 8 described
as follows: The East 30 feet of Lot 8 of LESLEY'S SUBDMSION of fractional Section 4,
Township 29 South, Range 15 East, which lies East of the public road running from
Clearwater to Dunedin, as recorded in Book 7, Page 14, of the Public Records of
Hillsborough County, Florida, on the 14th day of March, 1902; and also that part of said Lot
8 which lies South of a line drawn fifty (50') feet North of, and parallel to the South
boundary of said Lot 8; the Eastern terminus of said line being in the West boundary of
Myrtle Avenue, and the Western terminus in the East boundary of Fort Harrison Avenue.
AND
A plot of land which has a point of beginning reached by measuring South along the Section
line 62.85 feet from the Northeast comer of Section 9, Township 29 South, Range 15 East,
and thence North 89042'00" West, 30.29 feet. From the Point of Beginning thus established,
run thence South 0018'00" West, .65 of a foot; thence North 79022'55" West, 89.83 feet;
thence North 16021'00" East, 1.01 feet; thence South 79~'OO" East, 89.61 feet to the Point
of Beginning.
AND
Begin at the Northeast comer of Section 9, Township 29 South, Range 15 East, and run
South along Section line 62.85 feet; thence North 89042'00" West, 30.29 feet for a Point of
Beginning; thence North 00018'00" East, 322.60 feet; thence South 16021'00" West, 318.61
feet; thence South 79009'00' East, 89.61 feet to the Point of Beginning.
I
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CLOSING CONFIRMATION STATEMENT
RELINQUISHED PROPERTY
Bank of St. Petersburg
777 Pasadena Avenue South
St. Petersburg, Florida
Attn: Frank A Lafalce
JI1A FACSIMILE ONLY
Re: Bank of St. Petersburg
Exchanger: Proactive Enterprises, Inc.
Dear Mr. Lafalce:
I hereby confirm that the sum of $ will be the amount of the Exchange
Credit to be held by Bank of St. Petersburg in connection with a tax deferred exchange pursuant to
Section 1031 of the Internal Revenue Code.
The funds are being wired to your account in accordance with the instructions contained in
paragraph 2 of theQualified Intermediary Agreement..
The Relinquished Property is located at:
1707 North fort Harrison Avenue
Clearwater, Florida 33755
Very truly yours,
PROACTIVE ENTERPRISES, INC.
By: $~b!2
C:lMyFiJes~Slalanenl.wpd
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COMPUANCE AGREEMENT
The undersigned Buyer(s) and Seller(s), for and in exchange for good and valuable
consideration, hereby agree, if requested by Powell, Carney, Hayes & Silverstein, P .A. (the
"Closing Agent") to cooperate fully to adjust and correct any and all clerical errors on any
and all closing documentation and! or to execute any and all additional documentation, if
deemed necessary or desirable in the reasonable discretion of the Closing Agent, to enable
the Seller to sell and convey the real property this day to the Buyer(s).
The undersigned Buyer(s) and Seller(s) do hereby so agree and covenant in order to
assure that the documentation executed this date will conform with and be acceptable to
the Closing Agent.
Dated this J ~ day of July, 1998.
SElJ..ER:
Proactive Enterp,rises, Inc.
By:
(Corporate Seal)
ed:
City of Clearwater, Florida
By:
Rita Garvey, Mayor-Commissione
By:
Michael J. Roberto, City Manager
Approved as to form and
legal sufficiency:
By:
John Carassas, Assistant City Attorney
By:
Cynthia E. Goudeau, City Clerk
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c:\doslngslprOllctlve to city of dearwater.1399-601~ agreement
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SELLER AFFIDAVIT TO CITY OF CLEARWATER. FLORIDA (UCity")
RE: That certain contract between Proactive Enterprises, Inc. ("Seller") and the
City dated June 4, 1998 to purchase real property at 1707 North Ft. Harrison
Avenue.
STATE OF FLORIDA
COUNTY OF PINELLAS
BEFORE ME, a duly commissioned Notary Public with and for the State
and County aforesaid, personally appeared Matthew W. Barnicle, (the "Affiant"),
who after being duly sworn, as required by law, deposes and says:
1. That the AFFIANT is the President of Proactive Enterprises, Inc., a
Florida corporation, and hereby covenants with the City as follows:
a. All of the contract provisions of the above referenced
transaction have not been complied with by Seller at time of closing said
transaction on July 31, 1998, specifically, the provision stated in paragraph 1
of said contract that the City was purchasing no personalty in this
transaction, and that as of the day prior to the scheduled closing, substantial
items of personalty remained within and upon the property,
b, Seller hereby authorizes Powell, Carney, Hayes and Silverstein
("closing agent") to escrow the sum of $3,500.00 until August 14, 1998 as
liquidated damages for any personalty remaining upon and within the subject
property at that time.
c. Seller covenants with the City that following closing Seller will
make all good faith efforts to remove all personalty in and about said
property, specifically all furnishings, clothing and personal items, rubbish and
garbage, which are within and upon the property at time of closing. All
attached fixtures are to remain as part of the real property, but free of
detriment.
d. No relationship of landlord and tenant is created by this
document and Seller shall be responsible for all costs, including utilities and
disposal expenses, associated with the removal of such personalty.
e. At any time prior to August 14, 1998 Seller may notify the City
by contacting Earl Barrett at 562-4754 that all personalty has been removed
from the property and will schedule an inspection of the property by the City
during normal business hours to confirm compliance with these provisions.
.
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f. If all personalty has been removed from within and about the property
by August 14, 1998, or before, and confirmation of removal is made by the
City, the $3,500.00 funds held in escrow by the closing agent may be
refunded to Seller. If all personalty has not been removed, all or a portion of
such escrow funds shall be paid to the City,
Proactive Enterprises, Inc.
By:
Ma thew W. Barnicle, as president
(corporate seal)
STATE OF FLORIDA
COUNTY OF PINELLAS
r
The foregoing instrument was acknowledged before me this 31 f_ day of
July, 1998, by MATTHEW W. BARNICLE, as President of PROACTIVE
ENTERPRISES, INC., a Florida corporation, on behalf of the corporation, [vi
who is personally known to me, or [ ] who has produced a Florida driver's
license or a Florida identification card, or [ ] who has produced
as identification,
My commission expires:
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to sign on line above)
-- c" IV.e "", II
(Notary
(NOTARY SEAL)
,,{lw.~~ JAMES N. PCWELt.
;*(li.' J;] MY COMMISSIOIIJ q cc 125394
~4:~~ EXPIRES: July 16, 2002
'Mo,ts. Sonded Thro Notary Public Underwrilel3
COMMITMENT
FOR
TITLE INSURANCE
COMMITMENT NO,
ICM-1-1133-52~ I
ISSUED BY
AMERICAN PIONEER
TITLE INSURANCE COMPANY
AMERICAN PIONEER TITLE INSURANCE COMPANY, a Florida corporation, herein ,called the Company,
for a valuable consideration, hereby commits to issue its policy or policies of title insurance, as identified
in Schedule A, in favor of the proposed Insured named in Schedule A, as owner or mortgagee of the
estate or interest covered hereby in the land described or referred to in Schedule A, upon payment of
the premiums and charges therefor; all subject to the provisions of Schedules A and B and to the Conditions
and Stipulations hereof.
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The 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.
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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 has been attached hereto.
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IN WITNESS WHEREOF: AMERICAN PIONEER TITLE INSURANCE COMPANY has caused its
corporate name and seal to be hereunto affixed and by these presents to be signed in facsimile under
authority of its by-laws, effective as of the date of Commitment shown in Schedule A.
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Issued by:
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Powell, Carney, Hayes &
Silverstein, P. A.
Barnett Tower, One Progress
Suite 1210
St. Petersburg FL, 33701
CM-1 2/93
AMERICAN PIONEER TITLE INSURANCE COMPANY
By. ~ ~~~
Attest~ /~
Secretary
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ALTA COMMITMENT - 1966
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CONDITIONS AND STIPULATIONS
1. The term "mortgage," when used herein, shall include deed of trust, trust deed, or other security
instrument,
2. If the proposed Insured has or acquires actual knowledge of any defect, lien, encumbrance, adverse
claim or other matter affecting the estate or interest or mortgage thereon covered by this Commitment
other than those shown in Schedule B hereof, and shall fail to disclose such knowledge to the
Company in writing, the Company shall be relieved from liability for any loss or damage resulting
from any act of reliance hereon to the extent the Company is prejudiced by failure to so disclose
such knowledge, If the proposed Insured shall disclose such knowledge to the Company, or if the
Company otherwise acquires actual knowledge of any such defect, lien, encumbrance, adverse claim
or other matter, the Company at its option may amend Schedule B of this Commitment accordingly,
but such amendment shall not 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 committed
for and only for actual loss incurred in reliance hereon in undertaking in good faith [a] to comply
with the requirements hereof, or [b] to eliminate exceptions shown in Schedule B, or [c] to acquire
or create the estate or interest or mortgage thereon covered by this Commitment. In no event
shall such liability exceed the amount stated in Schedule A for the policy or policies committed
for and such liability is subject to the insuring provisions, the Exclusions from Coverage and the
Conditions and Stipulations of the form of policy or policies committed for in favor of the proposed
Insured which are hereby incorporated by reference and are made a part of this Commitment
except as expressly modified herein.
4, Any action or actions or rights of action that the proposed Insured may have or may bring against
the Company arising out of the status of the title to the estate or interest or the status of the
mortgage thereon covered by this Commitment must be based on and are subject to the provisions
of this Commitment.
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.
cd M"MI T ME NT
SCHEDULE A
I
Plant #
(3065 *98-4 784)
Agent/Branch #
(1133*1399-6015)
Commitment Number
Effective Date & Time
June 25, 1998
08:00:00 AM
Loan Amount
- CM-1-1133-52
Reinsurance Number
Owner's Amount
$370.000.00
Other Amount
1. Policy or Policies to be issued:
ALTA LOAN - 1992 00-17-92) Florida Modified
Proposed Insured:
ALTA OWNER'S - 1992 00-17-92)
Proposed Insured:
Florida Modified
City of Clearwater, Florida, a Municipal Corporation of the State of Florida
2. The estate or interest in the land described or referred to in the Commitment and
covered herein is:
Fee Simple
and is at the effective date hereof vested in:
Proactive Enterprises, Inc., a Florida corporation
3. The land is described as follows:
See Exhibit "A'" attached hereto and by this reference incorporated herein.
Issued by:
Powell, Carney, Hayes & Silverstein, P.A.
One Progress Plaza, Suite #1210
St. Petersburg, FL 33701
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igned Authorized Signatory
By:
NOTE: This Commitment consists of insert pages labeled in Schedule A, Schedule B-Section 1, and Schedule B-Section
2. This Commitment is of no force and effect unless all schedules are included, along with any Rider pages
incorporated by reference in the insert pages.
[ ] Original
[ ] Home Office Copy
[ ] Agent's Copy
[ ] Plant Copy
c:\c1osings\proactive to city of c1eatwater\american pioneer commitment
I
CO'MMITMENT
SCHEDULE A - continued
I
Plant #
(3065 *98-4 784)
Agent/Branch #
(1133*1399-6015)
Commitment Number
- CM-1-1133-52
EXHIBIT "A"
LEGAL DESCRIPTION
All that part of Lots 8 and 9 of LESLEY'S SUBDMSION, according to the map or plat thereof
recorded in Deed Book "K" on Page 471, of the Public Records of Hillsborough County,
Florida, which lies East of the right-of-way of the public thoroughfare in the City of
Clearwater, Florida, known as Fort Harrison Avenue, and West of the right-of-way of the
public thoroughfare known as Myrtle Avenue as shown on the Plat of SUNBURST COURT,
according to the map or plat thereof recorded in Plat Book 13, Page 46, of the Public
Records of Pinellas County, Florida. LESS AND EXCEPT that part of said Lot 8 described
as follows: The East 30 feet of Lot 8 of LESLEY'S SUBDMSION of fractional Section 4,
Township 29 South, Range 15 East, which lies East of the public road running from
Clearwater to Dunedin, as recorded in Book 7, Page 14, of the Public Records of
Hillsborough County, Florida, on the 14th day of March, 1902; and also that part of said Lot
8 which lies South of a line drawn fifty (50') feet North of, and parallel to the South
boundary of said Lot 8; the Eastern terminus of said line being in the West boundary of
Myrtle Avenue, and the Western terminus in the East boundary of Fort Harrison Avenue.
AND
A plot of land which has a point of beginning reached by measuring South along the Section
line 62.85 feet from the Northeast comer of Section 9, Township 29 South, Range 15 East,
and thence North 89042'00" West, 30.29 feet. From the Point of Beginning thus established,
run thence South 0018'00" West, .65 of a foot; thence North 79022'55" West, 89.83 feet;
thence North 16021'00" East, 1.01 feet; thence South 7909'00" East, 89.61 feet to the Point
of Beginning.
AND
Begin at the Northeast comer of Section 9, Township 29 South, Range 15 East, and run
South along Section line 62.85 feet; thence North 89042'00" West, 30.29 feet for a Point of
Beginning; thence North 00018'00" East, 322.60 feet; thence South 16021'00" West, 318.61
feet; thence South 79009'00' East, 89.61 feet to the Point of Beginning.
NOTE: This Commitment consists of insert pages labeled in Schedule A. Schedule B-Section 1, and Schedule B-Section
2. This Commitment is of no force and effect unless all schedules are included, along with any Rider pages
incorporated by reference in the insert pages.
[ ] Original
[ ] Home Office Copy
[ ] Agent's Copy
[ ] Plant Copy
c:\c1osings\proactive to city of c1earwater.1399-6015\1egal description
PAGE 2
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COMMITMENT
SCHEDULE B - SECTION 1
Agent/Branch #
(1133*1399-6015)
Plant #
(3065*98-4784)
Commitment Number
- CM-1-1133-52
The following are requirements to be complied with:
1\l~ 1. In~~ creating the estate or interest to be insured must be approved,
exe~d and1iled for record, to wit:
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a. arranty Deed to be executed by Proactive Enterprises, Inc., a Florida
corp tion e City of Clearwater, a Municipal Corporation of the State
of Florida, conveying the land as described in Schedule "A" herein.
~. consideration to, or for the account of, the grantors or
mortgagors .
a nt of all taxes, charges, assessments, levied and assessed against subject
premises, . ch are due and payable.
Sa~ce should be had that improvements and/or repairs or alterations
thereto are completed; that contractor, subcontractors, labor and materialmen are
all paid.
~ptions three and four of Schedule B - Section 2 of this Commitment may be
ame~~d from the Policy to be issued if a survey, satisfactory to the
Company, is furnished to the Company.
S ory proof, acceptable to the Company, must be furnished showing the
following oration to be existing and in good standing under the laws of the State
of Incorporation: 've Enterprises, Inc., a Florida corporation.
S. . sfaction of that certain Mortgage Deed executed by John Geigle, Kevin J. Geigle
an George J. Geigle in favor ofIrene J. Fowlkes, dated June 16, 1979 and recorded
June 0, 1979 in Official Record Book 4871, Page 189, of the Public Records of
Pinellas ounty, Florida, given to secure an original principal indebtedness in the
amount 0 145,000.00; thereafter modified by that certain Notice of limitation of
Future Ad e dated February 96 and recorded February 09, 1996 in Official
Record Book 9 , Page 2132, f the blic Records of Pinellas County, Florida;
thereafter modifie that cert . Extension Agreement recorded February 09, 1996
in Official Record Boo 244, P ge 2137, of the Public Records of Pinellas County,
Florida; and thereafter mo ed by that certain Modification Agreement recorded
February 23, 1996 in Official Record Book 9257, Page 194, of the Public Records of
Pinellas County, Florida.
NOTE: This Commitment consists of insert pages labeled in Schedule A. Schedule B-Section 1, and Schedule B-Section
2. This Commitment is of no force and effect unless all schedules are included, along with any Rider pages
incorporated by reference in the insert pages.
[ ] Original
[ ] Home Office Copy
[ ] Agent's Copy
[ ] Plant Copy
c:\c1osings\proactive to city of clearwater.1399-6Q15\1egal description
PAGE 3
Plant #
(3065 *98-4 784)
- -,
COMMiTMENT
SCHEDULE B - SECTION 1 - continued
I
I
Agent/Branch #
(1133*1399-6015)
Commitment Number
- CM-1-1133-52
/i"tl~
8.
_ . sfaction of that certain Second Mortgage executed by Proactive Enterprises, Inc.,
a:FI . da corpora~ favor of John G. Geigle and Kevin J. Geigle, dated February
06, 19 and recbrdedl'eb{uary 09, 1996 in Official Record Book 9244, Page 2114,
of the Publi ecords of Pinellas.,County, Florida, given to secure an original principal
indebtedness 'il'lthe amount of $175,000.00; and thereafter modified by that certain
Mortgage Modification Agreement recorded April 01, 1997 in Official Record Book
9657, Page 876, of the Public Records of Pine lIas County, Florida.
NOTE: This Commitment consists of insert pages labeled in Schedule A. Schedule B-Section 1, and Schedule B-Section
2. This Commitment is of no force and effect unless all schedules are included, along with any Rider pages
incorporated by reference in the insert pages.
[ ] Original
[ ] Home Office Copy
[ ] Agent's Copy
[ ] Plant Copy
c:\c1osings\proactive to city of clearwater.1399-6015\1egal description
PAGE 4
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CO'M'MITME N T
SCHEDULE B - SECTION 2
Agent/Branch #
(1133*1399-6015)
Plant #
(3065*98-4784)
Commitment Number
- CM-1-1133-52
Exceptions :
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.
~~~
J 1. D liens, encumbrances, adverse claims or other matters, if any, created, first
appearing ublic records or attaching subsequent to the effective date hereof
but prior to the da e roposed Insured acquires for value of record the estate or
interest or mortgage thereon covered by this Commitment.
ID~~_of parties in possession not shown by the Public Records.
E~ents, overlaps, boundary lines disputes, and other matters which would
be discl~y an accurate survey and inspection of the premises.
E~m:claims of easements not shown by the Public Records.
\
Taxes special assessments which are not shown as existing liens by the Public
Records.
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5~' 5.
6. Taxes and assessments for the year 1998 and subsequent years, which are not yet
due and payable.
7. 1997 Taxes which were paid on March 13, 1998 (installment plan):
Gross Amount - $4,850.44
Total Installment Plan Amount - $4,686.57
Total Assessed Value - $212,500.00
Taxable Assessed Value - $212,500.00
Homestead Exemption filed for 1998? No
Other Exemptions - None
Tax District - CW Clearwater
Parcel No. 09-29-15-51192-000-0080
NOTE: This Commitment consists of insert pages labeled in Schedule A. Schedule B-Section 1, and Schedule B-Section
2. This Commitment is of no force and effect unless all schedules are included, along with any Rider pages
incorporated by reference in the insert pages.
[ ] Original
[ ] Home Office Copy
[ ] Agent's Copy
[ ] Plant Copy
c:\closings\proactive to city of clearwater.1399-601S\legal description
PAGE 5