COMMUNITY REDEVELOPMENT AGENCY (3)
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1 - iT # 94-268670
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DH219 '1 ',. e a er, Clerk, Pi~lellas CountyW ARRANTY DEED
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INT U V' ---
PiC T THIS INDENTURE, made this JO.#'day of September, 1994, by and between the
CER -~Community Redevelopment Agency of the City of Clearwater ("Grantor"), and the City of
Clearwater, whose address is Post Office Box 4748, Clearwater, Florida 33518 ("Grantee").
PINELLAS COUNTY FLA.
OFF.REC.BK 8794 PG 182
FEES
~'~~ -- WITNESSETH: That the said Grantor, for and in consideration of the sum of
=----...:ren and nol100 Dollars, and other valuable considerations, lawful money of the United States
TOTAL~f America, to it in hand paid by the said Grantee, the receipt whereof is hereby acknowledged,
',,\ has granted, bargained, sold and conveyed to the said Grantee, its successors and assigns
a.aJ forever, all of the following described land in Pinellas"county, Florida, to-wit:
That certain real property which is more particularly described in Exhibit A
attached hereto and incorporated herein by this reference, together with all
fixtures, improvements and appurtenances thereunto appertaining;
TO HAVE AND TO HOLD the above-described premises, with the
appurtenances, unto the said Grantee, its successors and assigns, in fee simple forever.
And the said Grantor does hereby covenant with the said Grantee that said
described property is free from all liens and encumbrances except easements, restrictions, and
reservations of record, if any, and subject to that certain Interlocal Agreement by and between
Pinellas County and the City of Clearwater, recorded in O.R. Book 7791, Page 1559, of the
Public Records of Pinellas County, Florida;
And the said Grantor does hereby fully warrant the title to said land, and will
defend the same against the lawful claims of all persons whomsoever.
IN WITNESS WHEREOF, the said Grantor has executed this deed under seal on
the date aforesaid.
WITNESSES:
GRANTOR:
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Signature of Witness
.5v519_ .i.. ~/'-L/PJ
Ty edlPrinted Name of Witness #1
Its:
() f# I 0 Parcel ID# 15/29/15/544501005/0010
L/C/I,~0%- " and 15/291151544501005/0060 /
fMi(~, , his instrument prepared by and return to:
Alan S. Zimmet, Esquire ~'
-Tew, Zinober, Barnes, Zimmet & Unice
P. O. Box 5124
Clearwater, Florida 34618
Ad P. O. Box 4748
Clearwater, FL 33518
Grantee's Tax J.D. # Sq -loooo-a<6 q
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PINELLAS
OFF.r"C,.. BK COUNTY FLA
-.. 8794 PG .
_. - 183
STATE OF FLORIDA
COUNTY OF PINELLAS
The foregoing instrument was acknowledged before me thi&:Jt7~day of September,
1994, by Arthur X. Deegan as Chairperson and Jacquie DeGray as Secretary of the Community
Redevelopment Agency of the City of Clearwater. They are personally known to me er ha~
~fOdtleed
€~fle ef idefltifieatisB) ag ie@Btifieatiefl.
(NOTARY SEAL)
4{(hD M- ~kv~a.t.
Signature of Person Taking Ackno':Vledgment
f)<\,,-.ef) ho m b'\o wSk,1
Name of Acknowledger Typed, Printed or Stamped
Notary Public, State of Florida
c..~a5~)aq
Notarial Serial Number
o,\~'I'.Y Pu61<: OFFICIAL NOTARY SEAL
~ \fit "0 KAREN DOMBROWSKI
t\ l,. COMMISSION NUMB,ER
~ ,~ CC252129
~ 0 o<f' MY COMMISSION EXP
FF\,: JAN. 231997 .
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1 PINELLAS COUNTY FLA.
OFF.REC.BK 8794 PG 184
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EXHmIT "A"
Legal Description
Lots 1 through 10, inclusive, Block 5, MAGNOLIA PARK, according to the plat thereof,
recorded in Plat Book 1, Page 70, also accordiq,g-to the plat thereof as recorded in Plat Book
3, Page 43, of the Public Records of Pinellas..c;ounty, Florida.
LESS AND EXCEPT that portion of Lot 5 conveyed to the City of Clearwater for road right-of-
way at Park Street and Myrtle Avenue by deed recorded in O.R. Book 6911, Page 1264,
described as follows: Begin at the northeast comer of Lot 5, Block 5, MAGNOLIA PARK
SUBDIVISION, as recorded in Plat Book 1, Page 70, of the Public Records of Pinellas County,
Florida; thence run south (assumed bearing) along the east line of said Lot 5, 10.00 feet; thence
run north 44052'30" west, 14.17 feet, to a point on the north line of said Lot 5; thence run
south 89045'00" east, along said north line, 10.00 feet to the Point of Beginning.
..
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AGREEMENT FOR PURCHASE AND SALE OF REAL PROPERTY
THIS AGREEMENT is made and entered into this ;(1 $+ day of ~ '
1994, by and between the COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF
CLEARWATER, hereinafter referred to as "Seller," and the CITY OF CLEARWATER,
FLORIDA, a municipal corporation, hereinafter referred to as "Purchaser."
IN CONSIDERATION of the payments and covenants herein provided, and other
good and valuable considerations, Seller agrees to sell and Purchaser agrees to
buy the real property ("Property"), situate in Pinellas County, Florida,
described as follows, to wit:
Subject to
Lots 1 through 10, inclusive, Block 5, Magnolia Park
Subdivision, according to the Plat thereof as recorded
in Plat Book 3, Page 43, of the Public Records of
Pinellas County, Florida.
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any easements and restrictions of ' record.
1. Purchase Price. The total purchase price of the Property shall be in
the sum of Six Hundred Ten Thousand Dollars ($610,000.00), payable in full at
closing (U.S. cash or locally drawn cashier's check), subject to adjustments and
prorations.
2. Closing Date. The closing shall be within ninety (90) days following
the date of the full execution of this Agreement, unless extended by other
provisions of this Agreement or by the mutual consent of the parties.
3. Conveyance. Seller agrees to convey fee simple title to the Property
to Purchaser by statutory Warranty Deed, free and clear of all liens and
encumbrances, except those set forth in th i s Agreement, if any, and those
otherwi se accepted by Purchaser. The Property sha 11 be conveyed subject to
applicable zoning requirements of the City of Clearwater.
4. Title Insurance. Purchaser agrees to purchase at its expense a title
insurance policy from a Florida licensed title insurer and to obtain with
reasonable diligence, but not less than twenty (20) days prior to closing, a
commitment for title insurance in the amount of the purchase price, which
commitment shall show a marketable, unencumbered, fee simple title to the
Property in the Seller, subject only to zoning, restrictions of record, taxes for
1994 and subsequent years, and public utility easements; and subject to liens,
encumbrances, exceptions or qualifications set forth in this Agreement, and those
which shall be discharged by Seller at or before closing. The Purchaser shall
have a reasonable time after the delivery of said commitment for the examination
thereof and within said period but not less than ten (10) days prior to closing
shall notify the Seller in writing of any objections to said title. Marketable
title shall be determined according to applicable Title Standards adopted by
authority of the Florida Bar and in accordance with law. If such notification
is not given within the time specified herein, then the title shall be
conclusively deemed to be acceptable to the Purchaser. In the event that the
title of the Seller is found to be defective, the Seller shall have a reasonable
time thereafter, but not more than one hundred twenty (120) days from receipt of
not i ce from the Purchaser, to make a d il i gent effort to perfect the tit 1 e,
including the bringing of necessary suits. If the defects are not cured within
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such time, the Purchaser may either cancel this Agreement and receive a full
refund of the Earnest Money Deposit, waive the defects and accept the Property
without deduction on account of said defects, or extend the time for the Seller
to cure the defects; provided, however, that an extension of time for the Seller
to cure the defects shall not constitute a waiver of the right of the Purchaser
to cancel this Agreement and receive a full refund of the Earnest Money Deposit
or to waive the defects and accept the Property without deduction on account of
said defects.
5. No Brokers. Each party affirmatively represents to the other party
that no brokers have been involved in this transaction and that no broker is
entitled to payment of a real estate commission because of this transaction.
6. Documents for Closing. Seller shall furnish deed, mechanic's lien
affidavit, and any corrective instruments that may be required in connection with
perfecting title, together with the closing statement.
7. Survey. Purchaser may obtain at its expense a survey. If the survey
shows any encroachment on the Property or that improvements intended to be
located on the Property encroach upon setback lines, easements, lands of others,
or violate any restrictions, covenants or applicable governmental regulations,
the same shall be treated as a title defect if brought to the attention of the
Seller not less than ten (10) days prior to closing.
8. Expenses. The Purchaser shall pay for the documentary stamps to be
placed on the Warranty Deed and the costs for recording same. The Seller shall
pay only the cost of recording any instruments that may be required in connection
with perfecting the title.
9. Certain Rights Reserved. As required by Section 270.11, Florida
Statutes, the Seller reserves unto itself and its successors an undivided three-
fourths (3/4) interest in, and title in and to an undivided three-fourths (3/4)
interest in, all the phosphate, minerals, and metals that are or may be in, on
or under the real property described herein, and an undivided one-half (1/2)
interest in all the petroleum that is or may be in, on, or under said property
with the privilege to mine and develop the same.
10. Radon Gas Notification. As required by Section 404.056(8), Florida
Statutes, the Purchaser shall take notice of the following:
RADON GAS: Radon is a natura 11 y occurr i ng rad i oact i ve gas that,
when it has accumulated in a building in sufficient quantities, may
present health risks to persons who are exposed to it over time.
Levels of radon that exceed federal and state guidelines have been
found in buildings in Florida. Additional information regarding
radon and radon testing may be obtained from your county publ ic
health unit.
11. Persons Bound; Agreement Not Assignable. This Agreement shall be
binding on the parties hereto and their respective personal representatives,
he i rs, executors, admi n i strators, and successors. Nei ther th i s Agreement nor any
rights hereunder shall be assignable.
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12. Agreement Not Recordable. Neither this Agreement nor any notice
thereof shall be recorded in the public records of Pinellas County, but this
Agreement shall be deemed a record available for public inspection in the offices
of the Seller pursuant to the Public Records Law of Florida.
IN WITNESS WHEREOF, the parties hereto have set their hands and seals the
day and year first above written.
COMMUNITY REDEVELOPMENT AGENCY
OF THE CITY OF CLEARWATE, R (7
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Arthur X. Deegan II, Ch irperson
:Ii--
CITY OF CLEARWATER, FLORIDA
Eli
Cit
Deptula
By:
Attest:
~,Z'.
hi a E. Geltdeall._ ."
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TEw, ZINOBER, BARNES, ZIMMET & UNICE
ATTORNEYS AT LAW
JOEL R. TEW
FREDRIC S. ZINOBER
ROBERT L. BARNES, JR.
ALAN S. ZIMMET
T. R. UNICE, JR.
ANDREW J. SALZMAN
ROBERT A. SANTA LUCIA
RONALD G. WENDEL
STEPHANIE A. VAUGHAN
DANIEL Y. ZOHAR
EVAN N. BERLIN
LEE W. ATKINSON
MARK A. CONNOLLY
CLEARWATER OFFICE
PRESTIGE PROFESSIONAL PARK
2655 MCCORMICK DRIVE
CLEARWATER, FLORIDA 34619
CLEARWATER OFFICE
(813) 799.2882
HERNANDO OFFICE
(904) 683 - 0597
HERNANDO OFFICE
215,4 MARINER BLVD., SUITE C
SPRINGHILL, FLORIDA 34609
FAX
(813) 726 - 0058
(813) 799 - 6794
PLEASE REPLY To:
P. O. Box 5124
CLEARWATER, FLORIDA 34618 - 5124
OF COUNSEL
CRAIG TURTZO
December 5, 1994
Certified Mail Z 390 849 293
Return Receipt Requested
Ms. Cynthia Goudeau
City Clerk
City of Clearwater
Post Office Box 4748
Clearwater, Florida 33518
Re: Purchase from CRA
Dear Ms. Goudeau:
In connection with the City's purchase of Lots 1 through 10, Block 5, Magnolia Park
Subdivision, from the Community Redevelopment Agency of the City of Clearwater,
enclosed please find the following oriejnal documents:
1. Closing Statement.
2. Warranty Deed.
3. Owner's Title Insurance Policy.
4. Affidavit of No Liens.
Please do not hesitate to contact me if you have any questions concerning this
matter.
Sincerely,
TEW, ZINOBER, BARNES
ZIMMET & UNICE
~~
Charlene Carpenter
Legal Assistant
/bcc
Enclosures
RECEIVED
DEe 0 6 1994
CITY CLEIK O'EPT.
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AFFIDAVIT OF NO LIENS
STATE OF FLORIDA
COUNTY OF PINELLAS
BEFORE ME, the undersigned Notary Public, personally appeared Arthur X. Deegan,
as Chairperson of the Community Redevelopment Agency of the City of Clearwater, who, being
first duly sworn as required by law, deposes and says:
1. He has personal knowledge of all matters set forth in this Affidavit.
2. The Community Redevelopment Agency of the City of Clearwater (hereinafter
referred to as the "Owner") is the owner of the fee simple title to the following described
property (the "Property"):
See Exhibit "A" attached hereto and incorporated herein by this
reference.
3. The Property is free and clear of all liens, encumbrances and claims of every
nature, except for easements, restrictions, and reservations of record, if any, and except for that
certain Interlocal Agreement between Pine lIas County and the City of Clearwater, recorded in
O.R. Book 7791, Page 1559, of the Public Records of Pinellas County, Florida.
4. That Owner has not allowed, nor does it have any knowledge of, any refuse
dumping or presence whatsoever on the Property, including, without limitation, any hazardous
waste, toxic materials, or other contaminants.
5. The Owner's title to and possession and enjoyment of the Property have been
open, notorious, peaceable, exclusive and undisturbed except as otherwise set forth herein.
6. Neither the Owner's title to nor possession of the Property have ever been
disputed or questioned nor is the Owner aware of any facts by reason of which the title to or
possession of the Property, or any part of it or any personal property located on it, might be
disputed or questioned or by reason of which any claim to the Property or any portion of it or
any personal property located on it might be adversely asserted except as otherwise set forth
herein.
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7. No person or entity other than the Owner claims or is presently entitled to the
right to possession or is in possession of the Property and there are no tenancies, leases or other
occupancies that affect the Property.
8. There are no disputes concernIng the location of the boundary lines of the
Property unless otherwise particularly set forth herein.
9. Except as otherwise herein stated, there are no outstanding or unpaid taxes or
assessments (pending or certified) or any unpaid or unsatisfied mortgages, claims of lien or other
matters that constitute or could constitute a lien or encumbrance against the Property or any
improvements on it or any part of it or against any personal property located on it.
10. There are no security agreements, financing statements, title retention contracts
or personal property leases affecting any materials, fixtures, appliances, furnishings or
equipment placed on or installed in or on the Property or the improvements located on it unless
expressly set forth herein.
11. There are no actions, proceedings, judgments, bankruptcies, liens or executions
recorded among the Public Records of the county where the Property is located or any other
county in Florida or pending against the Owner in the courts of Florida or in any other courts
unless otherwise set forth herein.
12. No improvements or repairs have been made to the Property during the ninety
(90) day period immediately preceding the date of this Affidavit, and there are no unpaid bills
of any nature, either for labor or materials used in making improvements or repairs on the
Property, or for services of architects, surveyors or engineers incurred in connection with
Property unless otherwise expressly set forth herein.
13 . Subsequent to the effective date of any title commitment or opinion issued in
connection with the closing necessitating this Affidavit, the undersigned individually (and as the
authorized agent of the Owner, if not the Owner) hereby agrees and represents that the
undersigned and the Owner will not execute any instrument, or do any act whatsoever, that in
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any way would or may affect the title to the Property, including but not limited to, mortgaging
or conveying the Property or any interest in it or causing any liens to be recorded against the
Property or the Owner except for the execution of any mortgage or other instrument required
or expressly contemplated by the commitment or opinion.
14. No notice of commencement has been recorded affecting the Property unless
otherwise set forth herein.
15. This Affidavit is made to induce Tew, Zinober, Barnes, Zimmet & Unice, as
agents for First American Title Insurance Company, to issue a title insurance policy covering
the Property.
16. This Affidavit is made and given by the undersigned with full knowledge of
applicable Florida laws regarding sworn affidavits and the penalties and liabilities resulting from
false statements and representations therein.
SWORN AND SUBSCRIBED TO before me thisdt>zt day of September, 1994, by
Arthur X. Deegan, who is personally known to me ar wftollC1<'l l'1UJu~cd
(tYl38 sf iJclllifil.:at.iun) as
ideH:tifie;at~vll.
",~y PlJ OFFICIAL NOTARY SEAL
0..... 61(..- KAREN DOMBROWSKI
'~ vr- ~ COMMISSION NUMBER
; < CC252129
.,..~ '~MY COMMISSION EXP.
(('OFf\.O JAN. 23 1997
J{UAw-~~'
Signature of Person Taking Acknowledgment
Koren ~omb('ou.::>St,(
Name of Acknowledger Typed, Printed or Stamped
Notary Public, State of Florida
~c.as do. I~ q
Notarial Serial Number
(NOTARY SEAL)
#45030.1
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EXHmIT "A"
Legal Description
Lots 1 through 10, inclusive, Block 5, MAGNOLIA PARK, according to the plat thereof,
recorded in Plat Book 1, Page 70, also according to the plat thereof as recorded in Plat Book
3, Page 43, of the Public Records of Pinellas County, Florida.
LESS AND EXCEPT that portion of Lot 5 conveyed to the City of Clearwater for road right-of-
way at Park Street and Myrtle Avenue by deed recorded in O.R. Book 6911, Page 1264,
described as follows: Begin at the northeast comer of Lot 5, Block 5, MAGNOLIA PARK
SUBDIVISION, as recorded in Plat Book 1, Page 70, of the Public Records of Pinellas County,
Florida; thence run south (assumed bearing) along the east line of said Lot 5, 10.00 feet; thence
run north 44052'30" west, 14.17 feet, to a point on the north line of said Lot 5; thence run
south 89045'00" east, along said north line, 10.00 feet to the Point of Beginning.
AL TA Owner's Policy (4-6-90) (With Florida Modifications in bold italics)
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this
policy and the Company will not pay loss or damage, costs, attorneys' fees
or expenses which arise by reason of:
1. (a) Any law, ordinance or governmental regulation (including but not
limited to building and zoning laws, ordinances, or regulations)
restricting, regulating, prohibiting or relating to (i) the occupancy,
use, or enjoyment of the land; (ii) the character, dimensions or
location of any improvement now or hereafter erected on the land;
(iii) a separation in ownership or a change in the dimensions or area
of the land or any parcel of which the land is or was a part; or (iv)
environmental protection, or the effect of any violation of these
laws, ordinances or governmental regulations, except to the extent
that a notice of the enforcement thereof or a notice of a defect, lien
or encumbrance resulting from a violation or alleged violation
affecting the land has been recorded in the public records at Date of
Policy,
(b) Any governmental police power not excluded by (a) above, except
to the extent that a notice of the exercise thereof or a notice of a
defect, lien or encumbrance resulting from a violation or alleged
violation affecting the land has been recorded in the public records
at Date of Policy.
1. DEFINITION OF TERMS.
Thefollowing terms when used in this policy mean:
(a) "insured": the insured named in Schedule A,
and, subject to any rights or defenses the Company
would have had against the named insured, those who
succeed to the interest of the named insured by opera-
tion of law as distinguished from purchase including,
but not limited to, heirs, distributees, devisees, survi-
vors, personal representatives, next of kin, or corporate
or fiduciary successors,
(b) "insured claimant": an insured claiming loss
'or damage,
(c) "knowledge" or "known": actual knowledge,
not constructive knowledge or notice which may be
imputed to an insured by reason of the public records
as defined in this policy or any other records which
impart constructive notice of matters affecting the land,
(d) "land": the land described or referred to in
Schedule A, and improvements affixed thereto which
by law constitute real property, The term "land" does
not include any property beyond the lines of the area
described or referred to in Schedule A, nor any right,
title, interest, estate or easement in abutting streets,
roads, avenues, alleys, lanes, ways or waterways, but
nothing herein shall modify or limit the extent to which
a right of access to and from the land is insured by this
policy,
(e) "mortgage": mortgage, deed of trust, trust
deed, or other security instrument.
(f) "public records": records established under
state statutes at Date of Policy for the purpose of
imparting constructive notice of matters relating to real
property to purchasers for value and without knowl.
edge. With respectto Section 1 (a)(iv) ofthe Exclusions
From Coverage, "public records" shall also include
environmental protection liens filed in the records of
the clerk of the United States district court for the
district in which the land is located,
(g) "unmarketability of the title": an alleged or
apparent matter affecting the title to the land, not
excluded or excepted from coverage, which would
entitle a purchaser of the estate or interest described in
Schedule A to be released from the obligation to pur-
chase by virtue of a contractual condition requiring the
delivery of marketable title,
2. CONTINUATION OF INSURANCE AFTER
CONVEYANCE OF TITLE.
The coverage of this policy shall continue in force
as of Date af Policy in favor of an insured only so long
.... as 'hp inSI~d rptains an estate, or interest in the land,
- -- -' ~ -., - ~
2, Rights of eminent domain unless notice of the exercise thereof has been
recorded in the public records at Date of Policy, but not excluding from
coverage any taking which has occurred prior to Date of Policy which
would be binding on the rights of a purchaser for value without knowl-
edge,
3, Defects, liens, encumbrances, adverse claims or other matters:
(a) created, suffered, assumed or agreed to by the insured claimant;
(b) not known to the Company, not recorded in the public records at
Date of Policy, but known to the insured claimant and not disclosed
in writing to the Company by the insured claimant prior to the date
the insured claimant became an insured under this policy;
(c) resulting in no loss or damage to the insured claimant;
(d) attaching or c ated subsequent to Date of Policy; or
(e) resulting in loss or damage which would not have been sustained
if the insured claimant had paid value for the estate or interest
insured by this policy.
4. Any claim, which arises out of the transaction vesting in the insured the
estate or interest insured by this policy, by reason of the operation of
federal bankruptcy, state insolvency, or similar creditors' rights laws,
CONDITIONS AND STIPULATIONS
5. PROOF OF LOSS OR DAMAGE.
In addition to and after the notices required under
Section 3 of these Conditions and Stipulations have
been provided the Company, a proof of loss or damage
signed and sworn to by the insured claimant shall be
furnished to the Company within 90 days after the
insured claimant shall ascertain the facts giving rise to
the loss or damage, The proof of loss or damage shall
describe the defect in, or lien or encumbrance on the
title, or other matter insured against by this policy
which constitutes the basis of loss or damage and shall
state, to the extent possible, the basis of calculating the
amount of the loss or damage, If the Company is
prejudiced by the failure of the insured claimant to
provide the required proof of loss or damage, the
Company's obligations to the insured under the policy
shall terminate, including any liability or obligation to
defend, prosecute, or continue any litigation, with re-
gard to the matter or matters requiring such proof of
loss or damage,
In addition, the insured claimant may reasonably
be required to submit to examination under oath by any
authorized representative of the Company and shall
produce for examination, inspection and copying, at
such reasonable times and places as may be desig-
nated by any authorized representative ofthe Company,
all records, books, ledgers, checks, correspondence
and memoranda, whether bearing a date before or after
Date of Policy, which reasonably pertain to the loss or
damage, Further, if requested by any authorized repre-
sentative of the Company, the insured claimant shall
grant its permission, in writing, for any authorized
representative of the Company to examine, inspect and
copy all records, books, ledgers, checks, correspon-
dence and memoranda in the custody or control of a
third party, which reasonably pertain to the loss or
damage. All information designated as confidential by
the insured claimant provided to the Company pursu-
ant to this Section shall not be disclosed to others
unless, in the reasonable judgment of the Company, it
is necessary in the administration of the claim, Failure
ofthe insured claimantto submit for examination under
oath, produce other reasonably requested information
or grant permission to secure reasonably necessary
information from third parties as required in this para-
graph shall terminate any liability ofthe Company under
this polic}' as to that claim,
". OPTIONS TO P~Y OR OTHERWISE SETTLE
CLAIMS: T~RMINATI~N OF LIABILITY.
In case of a claim under this policy, the Company
the Company shall have no liability for loss or damage
until there has been a final determination by a court of
competent jurisdiction, and disposition of all appeals
therefrom, adverse to the title as insured,
(c) The Company shall not be liable for loss or
damage to any insured for liability voluntarily assumed
by the insured in settling any claim or suit without the
prior written consent of the Company,
10. REDUCTION OF INSURANCE: REDUCTION OR
TERMINATION OF LIABILITY.
All payments under this policy, except payments
made for costs, 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 insur-
ing a mortgage to which exception is taken in Schedule
B orto 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 satisfac-
tion of the Company,
(b) When liability and the extent of loss or damage
has been definitely fixed in accordance with these
Conditions and Stipulations, the loss or damage shall
be payable within 30 days thereafter.
13. SUBROGATION UPON PAYMENT OR
SETTLEMENT.
(a) The Comoanv's Riaht of Subroaation,
Whenever the Company shall have settled and paid
a claim under this policy, all right of subrogation shall
vest in the Company unaffected by any act of the
insured claimant.
The Company shall be subrogated to and be en-
titled to all rights and remedies which the insured
clairlant would have had against any persan or prop-
ertyfn respect to the claim had this policy not been
issued. If requested by the Company, the insured
claimant shall transfer to the Company aii rights and
First Ametican TItle Insurance ~ompany
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FATIC-521
SCHEDULE A
Agent's File No.: 49476869 7801-00
Policy No. FA-R-I06975
FATC076869 MP
Date of Policy: September 26, 1994 at 07:03 PM
Amount of Insurance: $610,000.00
1. Name of Insured:
CITY OF CLEARWATER
2. The estate or interest in the land which is covered by this policy is:
Fee Simple
3. Title to the estate or interest in the land is vested in:
CITY OF CLEARWATER
4. The land referred to In this policy is described as follows:
SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF
TEW, ZINOBER. BARNES, ZIMMET & UNICE
2655 McCormick Drive
Clearwater, Florida 34619
By:__
Au
First Ametican Title Insurance ~ompany
,
EXHIBIT A
Lots 1 through 10, inclusive, Block 5, MAGNOLIA PARK according
to the plat thereof, recorded in Plat Book 1, Page 70, also
according to the plat thereof as recorded in Plat Book 3, page
43, Public Records of Pinellas County, Florida.
Less and except that portion of Lot 5 conveyed to the City of
Clearwater for road right-of-way at Park Street and Myrtle
Avenue by Deed recorded in O.R. Book 6911, page 1264 described
as follows:
Begin at the Northeast corner of Lot 5, Block 5, MAGNOLIA PARK
SUBDIVISION, as recorded in Plat Book 1, page 70, of the Public
Records of Pinellas County, Florida; thence run South (assumed
bearing) along the East line of said Lot 5, 10.00 feet; thence
run North 44 deg. 52'30" West, 14.17 feet, to a point on the
North line of said Lot 5; thence run South B9 deg. 45'00" East,
along said North line, 10.00 feet to the Point of Beginning.
I
First AmeAicap Title Insurance (fompany
FATIC-522
SCHEDULE B
Agent's File No.: 49476869
Policy No. FA-R- 106975
FATC076869 MP
This policy does not insure against loss or damage (and the Company will not pay
costs, attorney's fees or expenses) which arise by reason of:
1. Rights or claims of parties in possession not shown by the public records.
2. Easements, or claims of easements, not shown by the public records.
3. Encroachments, overlaps, boundary line disputes, or other matters which would be
disclosed by an accurate surveyor inspection of the premises.
4. Any lien, or right to a lien, for services, labor, or material heretofore or
hereafter furnished, imposed by law and not shown by the public records.
5. Any adverse claim to any portion of said land which has been created by artificial
means or has accreted to any such portion so created and riparian rights, if any.
6. Taxes or special assessments which are not shown as existing liens by the public
records.
NOTE: Exceptions numbered 1, 4, 5 AND 6 above are hereby deleted.
Special Exceptions:
7. The lien of all taxes for the year 1994.
8. Subject to Interlocal Agreement by and between Pinellas County and the City of
Clearwater recorded in O.R. Book 7791, page 1559, Public Records of Pinellas
County, Florida.
or holds an indebtedness secured by a purchase money
mortgage given by a purchaser from the insured, or
only so long as the insured shall have liability by reason
of covenants of warranty made by the insured in any
transfer or conveyance of the estate or interest. This
policy shall not continue in force in favor of any pur-
chaser from the insured of either (i) an estate or interest
in the land, or (ii) an indebtedness secured by a pur.
chase money mortgage given to the insured,
3. NOTICE OF CLAIM TO BE GIVEN BY INSUREO
CLAIMANT.
The insured shall notify the Company promptly in
writing (i) in case of any litigation as set forth in Section
4(a) below, (ii) in case knowledge shall come to an
insured hereunder of any claim of title or interest which
is adverse to the title to the estate or interest, as insured,
and which might cause loss or damage for which the
Company may be liable by virtue of this policy, or (iii)
if title to the estate or interest, as insured, is rejected as
unmarketable, If prompt notice shall not be given to the
Company, then as to the insured all liability of the
Company shall terminate with regard to the matter or
matters for which prompt notice is required; provided,
however, that failure to notify the Company shall in no
case prejudice the rights of any insured under this
policy unless the Company shall be prejudiced by the
failure and then only to the extent of the prejudice,
4. OEFENSE ANO PROSECUTION OF ACTIONS:
OUTY OF INSUREO CLAIMANT TO COOPERATE.
(a) Upon written request by the insured and sub-
ject to the options contained in Section 6 of these
Conditions and Stipulations, the Company, at its own
cost and without unreasonable delay, shall provide for
the defense of an insured in litigation in which any third
party asserts a claim adverse to the title or interest as
insured, but only as to those stated causes of action
alleging a defect, lien or encumbrance or other matter
insured against by this policy, The Company shall have
the right to select counsel of its choice (subject to the
right of the insured to object for reasonable cause) to
represent the insured as to those stated causes of
action and shall not be liable for and will not pay the fees
of any other counsel. The Company will not pay any
fees, costs or expenses incurred by the insured in the
defense of those causes of action which allege matters
not insured against by this policy,
(b) The Company shall have the right, at its own
cost, to institute and prosecute any action or proceed-
ing or to do any other act which in its opinion may be
necessary or desirable to establish the title to the estate
or interest, as insured, or to prevent or reduce loss or
damage to the insured, The Company may take any
appropriate action undertheterms ofthis policy, whether
or not it shall be liable hereunder, and shall not thereby
concede liability or waive any provision of this policy, If
the Company shall exercise its rights under this para-
graph, it shall do so diligently,
(c) Whenever the Company shall have brought an
action or interposed a defense as required or permitted
by the provisions of this policy, the Company may
pursue any litigation to final determination by a court of
competent jurisdiction and expressly reserves the right,
in its sole discretion, to appeal from any adverse
judgment or order.
(d) In all cases where this policy permits or re-
quires the Company to prosecute or provide for the
defense of any action or proceeding, the insured shall
secure to the Company the right to so prosecute or
provide defense in the action or proceeding, and all
appeals therein, and permit the Company to use, at its
option, the name of the insured for this purpose,
Whenever requested by the Company, the insured, at
the Company's expense, shall give the Company all
reasonable aid (i) in any action or proceeding, securing
evidence, obtaining witnesses, prosecuting or defend.
ingthe action or proceeding, or effecting settlement,
and (ii) in any other lawful act which in the opinion of the
Company may be necessary or desirable to establish
the title to the estate or interest as insured, If the
Company is prejudiced by the failure of the insured to
furnish the required cooperation, the Company's obli-
gations to the insured under the policy shall terminate,
including any liability or obligation to defend, pros-
ecute, or continue any litigation, with regard to the
matter or matters requiring such cooperation.
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lall have th~ foilowing additional options:
(a) To Pavor Tender Pavment of the Arnount of
! surance, .
To payor tender payment of the amount of insur-
ance under this policy together with any costs, attorneys'
fees and expenses incurred by the insured claimant,
which were authorized by the Company, up to the time
of payment or tender of payment and which the Com.
pany is obligated to pay,
Upon the exercise by the Company of this option,
all liability and obligations to the insured under this
policy, other than to make the payment required, shall
terminate, including any liability or obligation to de-
fend, prosecute, or continue any litigation, and the
policy shall be surrendered to the Company for cancel.
lation,
(b) To Pavor Otherwise Settle With Parties Other
than the Insured or With the Insured Claimant.
(i) to payor otherwise settle with other par.
ties for or in the name of an insured claimant any claim
insured against under this policy, together with any
costs, attorneys' fees and expenses incurred by the
insured claimant which were authorized by the Com-
pany up to the time of payment and which the Company
is obligated to pay; or
(ii) to payor otherwise settle with the insured
claimant the loss or damage provided for under this
policy, together with any costs, attorneys' fees and
expenses incurred by the insured claimant which were
authorized by the Company up to the time of payment
and which the Company is obligated to pay,
Upon the exercise by the Company of either of the
options provided for in paragraphs (b)(i) or (ii), the
Company's obligations to the insured under this policy
for the claimed loss or damage, other than the pay.
ments required to be made, shall terminate, including
any liability or obligation to defend, prosecute or con-
tinue any litigation,
7. DETERMINATION, EXTENT OF LIABILITY AND
COINSURANCE.
This policy is a contract of indemnity against actual
monetary loss or damage sustained or incurred by the
insured claimant who has suffered loss or damage by
reason of matters insured against by this policy and
only to the extent herein described,
(a) The liability of the Company under this policy
shall not exceed the least of:
(i) the Amount of Insurance stated in Sched-
ule A, or,
(ii) the difference between the value of the
insured estate or interest as insured and the value of the
insured estate or interest subject to the defect, lien or
encumbrance insured against by this policy,
(b) (This paragraph dealing with Coinsurance
was removed from Florida policies.)
(c) The Company will pay only those costs, attor-
neys' fees and expenses incurred in accordance with
Section 4 of the Conditions and Stipulations,
8. APPORTIONMENT.
If the land described in Schedule A consists of two
or more parcels which are not used as a single site, and
a loss is established affecting one or more of the parcels
but not all, the loss shall be computed and settled on a
pro rata basis as if the amount of insurance under this
policy was divided pro rata as to the value on Date of
Policy of each separate parcel to the whole, exclusive of
any improvements made subsequent to Date of Policy,
unless a liability or value has otherwise been agreed
upon as to each parcel by the Company and the insured
at the time of the issuance of this policy and shown by
an express statement or by an endorsement attached to
this policy,
9. LIMITATION OF LIABILITY.
(a) If the Company establishes the title, or re-
moves the alleged defect, lien or encumbrance, or cures
the lack of a right of access to or from the land, or cures
the claim of unmarketability of title, all as insured, in a
reasonably diligent manner by any method, including
litigation and the completion of any appeals therefrom,
it shall have fully performed its obligations with respect
to that matter and shall not be liable for any loss or
damage caused thereby,
(b) In the event of any litigation, including litiga-
tion by the Company or with the Company's consent,
rem lies against any person or property necessary in
ord to perfect this right of subrogation, The insured
clai nt shall permit the Company to sue, compromise
or settle in the name of the insured claimant and to use
the name of the insur,ed 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 100ss should result from any act of the insured
claimant, as stated above, that act shall not void this
policy, butlhe 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, lostlo
the Company by reason of the impairment by the
insured claimant ofthe Company's right of subrogation,
(b) The Company's Riohts Against Non-insured
Oblioors,
The Company's right of subrogation against non-
insured obligors shall exist and shall include, without
limitation, the rights of the insured to indemnities,
guaranties, other policies of insurance or bonds, not-
withstanding any terms or conditions contained in
those instruments which provide for subrogation rights
by reason of this policy,
14. ARBITRATION.
Unless prohibited by applicable law, arbitration
pursuant to the Title Insurance Arbitration Rules of
the American Arbitration Association may be de-
manded if agreed to by both the Company and the
insured. Arbitrable matters may include, but are not
limited to, any controversy or claim between the
Company and the insured arising out of or relating to
this policy, and service of the Company in connection
with its issuance or the breach of a policy provision or
other obligation. Arbitration pursuant to this policy
and under the Rules in effect on the date the demand
for arbitration is made or, at the option of the insured,
the Rules in effect at Date of Policy shall be binding
upon the parties. The award may include attorneys'
fees only if the laws of the state in which the land is
located permit a court to award attorneys' tees to a
prevailing party. Judgment upon the award rendered
by the Arbitrator(s) may be entered in any court
having jurisdiction thereot.
The law of the situs of the land shall apply to an
arbitration under the Title Insurance Arbitration Rules,
A copy of the Rules may be obtained from the
Company upon request.
15. LIABILITY LIMITED TO THIS POLICY: POLICY
ENTIRE CONTRACT.
(a) This policy together with all endorsements, if
any, attached hereto by the Company is the entire policy
and contract between the insured and the Company, In
interpreting any provision of this policy, this policy
shall be construed as a whole,
(b) Any claim of loss or damage, whether or not
based on negligence, and which arises out of the status
of the title to the estate or interest covered hereby or by
any action asserting such claim, shall be restricted to
this policy,
(c) No amendment of or endorsement to this
policy can be made except by a writing endorsed hereon
or attached hereto signed by either the President, a Vice
President, the Secretary, an Assistant Secretary, or
validating officer or authorized signatory of the Com-
pany,
16. SEVERABILITY.
I n the event any provision of the policy is held
invalid or unenforceable under applicable law, the policy
shall be deemed not to include that provision and all
other provisions shall remain in full force and effect.
17. NOTICES, WHERE SENT.
All notices required to be given the Company and
any statement in writing required to be furnished the
Company shall include the number of this policy and
shall be addressed to the Company, Attention: CIRims
Department, 114 East Fifth Street, Santa Ana, California
92701,
FATIC 520
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CLOSING STATEMENT
SELLER:
PURCHASER:
PROPERTY:
CLOSING DATE:
Community Redevelopment Agency of the City of Clearwater
City of Clearwater
Lots 1 through 10, Block 5, Magnolia Park Subdivision
September ~, 1994
PURCHASE/SALES PRICE $610,000.00 $610,000.00
CLOSING COSTS:
Title Search Fee 100.00
Title Examination Fee 85.00
Title Insurance Premium 3,125.00
Recording Fee 15.00
TOTAL AMOUNT DUE:
FROM PURCHASER $613.325.00
TO SELLER $610.000.00
SELLER:
PURCHASER: