WILLIAM KRAVAS
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Relurn'!o:(enclose selt-addressed stamped envelope)
WARRANTY DEED
INDIVID. TO INDIVID.
RAMeo FORM 01
I~e: Gi1ber~ P. Macpherson,
Address:1822 Drew Street, Suite 8
Clearwater, FL 34624
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INST # 92-304511
OCT 20, 1992 11:11AM
This Instrument Prepared by:
Gilbert P. Macpherson, P.A.
Address18 2 2 Drew Street, Sui te 8
Clearwater, FL 34625
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PINELLAS
OFF.REC BK COUNTY FLA.
. 8064 PG 1385
Property Appraisers Parcel Identification (Folio) Number(s):
16-29-15-32292-019-0040
Grantee[s] $,$. #[s):
SPACE ABOVE THIS LINE FOR PROCESSING DATA
SPACE ABOVE THIS LINE FOR RECORDING DATA
m4is marranttl ileeb Made the 30th day of September A.D. 19 92 by
WILLIAM C. KRAVAS, a married man
hereinafter called the grantor, to
COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF CLEARWATER, FLORIDA
whose post office address is P . O. Box 4748, Clearwater, FL 34618
Df1219
OS
INT
PIC
CERT
hereinafter called the grantee:
(Wherever used herein the terms 'grantor' and 'grantee' include all the parties to this instrument aud the
beit's, legal representatives and assigns of individuals, and the successors and assigns of corporations)
lIitntlllldlJ: That the grantor, for and in consideration of the sum of $10,00---------- and other
valuable considerations, receipt whereof is hereby acknowledged, hereby grants, bargains, sells, aliens, remises,
releases, conveys and confirms unto the grantee all that certain land situate in Pinellas
County, State of Florida , viz:
D)NG'
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,~D Lots 4, 5, 6, 7, 8, 9 and 10, Block 19, GOULD & EWINGS 2ND ADDITION,
according to the map or plat thereof, as recorded in Plat Book 1,
page(s) 52, of the Public Records of Hillsborough County, Florida,
of which Pinellas County was formerly a part.
TOTA
Subject to Restrictions and Easements of record.
This is not the homestead of William C. Kravas, who in fact resides at:
100 Oakmont Lane, Apt, #609, Belleair, FL 34616.
ogdlJtt. with all the tenements, hereditaments and appurtenances thereto belonging or in anywise
rtaining.
IDo ]!faut aub to )forb. the same in fee simple forever.
Anb the grantor hereby cavenants with said grantee that the grantor is lawfully. seized of said land in fee
simple; that the grantor has good right and lawful authority to sell and convey said land, and hereby warrants the
title to said land and will defend the same against the lawful claims of all persons whomsoever; and that said land
is free of all encumbrances, except taxes accruing subsequent to December 31, 1991 .
In mitntllll mlJtttOf. the said grantor has signed and sealed these presents the day and year first abave
written.
Fr:F:S
tvHF
REV
S. ignedysealed CL~.e~iye"Yd in t
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Signature
CJ/ L4~r
presence of
ILD
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100 Oa~B4len3f'609t~~9.iirij8W3~16
Post Offic. ~nr OED- KRAVAS
RECORDING 1 $6.uu
DOC STAMPS OR-219 3 $:~~~~~
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Oc;umer: ,.,..'.
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SignafiilY---_ :'X/~~:;~" "."',.
Signature
T01AL~
CHECK AMT. TENDERED:
CHANGE:
$ 21561.80
$2,561. 00
Printed Signature
'~',Oa OU
Post Office Address
Printed Signature
STATE OF F'T.oR TDA I hereby Certify that on this day, before me, an officer duly authorized
COUNTY OF PTNF.T ,T .AS ) to administer oaths and take acknowledgments, pe~o~llY appeared
WILLIAM C. KRAVAS /,;~',',':~t..
known to me to be the person _ described in and who executed the foregoing instrument. who acknowledg~~~me'tliiit, 110
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executed the same, that I relied upon the following fOnll_ of identification of the above-named person~~\l,i:}.:,:.. '- ,,' ._ ..", -, .'
personally known anJ'ffiat an oBtp,(waS)(was not) taken.
NOTAfW,f!l{JRlIO, STA~ oe FtORIDA for LA"
MY COMMISSiON EXPIRES JUNl= 26, 1993
flONDEO THAU GF~ER/,L INS. 'JNDERWRITERS
KARLEEN F. DEBLAKER, CLERK
RECORD VERIFIED BY: ~
._---.~ ... .
~ness..z!hand and official se I in the County 81;~d State last llfores~ th!s
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No r H+r~/' C">'-7 L ' f-f u l cl ()~ ()
Printed Notary Signature
NOTARY RUBBER STAMP SEAL
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CONTRACT FOR SALE AND PURCHASE
of
lleair Florida 34616
("Seller"),
:....--
("Buyer"),
of P.O. Box 4748. Clearwater. Florida 34618-4748 (Phone ),
hereby agree that the Seller shall sell and Buyer shall buy the following real property ("Real Property") and personal property ("Personalty") (collectively "Property") upon the following
terms and conditions, which INCLUDE the Standards for Real Estate Transactions ("Standard(s)") printed on the reverse or attached and any Riders and Addenda to this instrument.
I. DESCRIPTION:
(a) Legal description of Real Property located in Pinp-1 1 aR County, Florida:
T.ot.R 4 through 10. incluRive. Block 19. Gould and Ewing. 2nd Addition.
Plat Book 1. Page 52. Hillsborough County. Florida of which Pinellas was
(b) Street address, city, zip, of the Property is: 616 throuoh 626 B Cleveland street, Clearwater, FL
(c) Personalty:
formerly a part
34615
II. PURCHASE PRICE. ..... .... ... .... . ........ ........ ........ ..., ... ........ ........ .............. ............ .... $ 365,000. 00
PAYMENT:
(a) Deposit(s) to be held in escrow by Gilbert P. Macpherson, P .A.
(b) Additional escrow deposit within n/ a days after Effective Date in the amount of ... ..............
(c) Subject to AND assumption of mortgage in good standing in favor of n/ a
n / a having an approximate present principal balance of . . $
n/a
(d) Purchase money mortgage and note bearing annual interest at % (see Addendum) in amount of ..... . ... .. ... .. . ... .. .. $
(e) Other: n/a $
(f) Balance to close (U.S. cash, LOCALLY DRAWN certified or cashier's check), subject to adjustments and prorations...... ..... ........ $ 3 2 8 , 500 . 00
III. TIME FOR ACCEPTANCE; EFFECTIVE DATE; FACSIMILE: If this offer is not executed by and delivered to all parties OR FACT OF EXECUTION communicated in writing
between the parties on or before S e p t embe r 1 7, 1 9 ? ~ deposit(s) will, at Buyer's option, be returned to Buyer and this offer withdrawn. A facsimile copy of this
Contract .for Sale and Purchase ("Contract") and any signatures hereon shall be considered for all purposes as originals. The date of Contract ("Effective Date") will be the date when
the last one of the Buyer and Seller has signed this offer.
in the ,amount of . . $
............ . $
36,500.00
IVI> J'~':": -..-::-'''- ~
(a) If the purchase price or any part'of it is"io'6efiriaricerr'ev-a'"tl1trt:t-party' loan, thi&-Conlract is coWiti~1m. the.. Buyer obtaining a written commitment for (CH1CK (1)
.0: (2,),,9rp)y): (1) D !!.fixe:d,J2.) D an adjlls!~ble qrJ3Lq a fixed or qd~ustable rat~ I()an ~it.b.in~ays after Effective OarearaQrnitigM.nternsl-rat~ :""'!t'~erl~ ~. .". o~_
term of n a years and for the principal amount of $ U/ c . Buyer will make application within n/ a days after Effective Date and use reasonable
diligence to obtain the loan commitment and,' thereafter, to-meet the terms and conditions of the commitment and close the loan. Buyer shall pay all loan expenses. " Buyer
fails to obtain the commitment or fails to waive Buyer's rights under this subparagraph within the time for obtaining the commitment or after diligent effort fails to meet the
terms and conditions of the commitment, then either party thereafter by prompt written notice to the other may cancel the Contract and Buyer shall be refunded the deposit(s).
(b) The existing mortgage described in Paragraph 11(<;) above has (<?HECK (1) or (2)): (1) D a variable interest rate or (2) D a fixed interest rate of n /~ % per annum.
At time of title transfer some fixed interest rates are subject to increase. If increased, the rate shlinot exceed n/a % per annum. Seller shall, within n/a days after
Effective Date, furnish statements from all mortgagees stating principal balances, method of ,6ayment, interest rate and status of mortgages. If Buyer has agreed to assume a
mortgage which reqUireS, approval of Buyer by the mort,gagee for assu,rrion, then BuYe~hall promptly obftil]cfll required applications and will diligentlY, complete and return
them to the mortgagee. Any mortgagee charge(s) not to exceed $ n a sh be paid by I (if not filled in, equally divided). If Buyer is not
accepted by mortgagee or the requirements for assumption are not in accordance with th terms of this Contract or mortgagee makes a charge in excess of the stated amount,
.. Seller or Buyer may rescind this Contract by prompt written notice to the other party less either elects to pay the increase in interest rate or excess mortgagee charges.
V. TITLE EVIDENCE: At least ( 5) five days before closing date, Seller shall, aJ. Seller's expense, deliver to Buyer or Buyer's attorney, in accordance with Standard A,
(CHECK (1) or (2)): (1) D abstract of title or (2) C! title insurance commitment and, after c1osihg, owner's policy of title insurance.
VI. CLOSING DATE: This transaction shall be closed and the deed and other closing papers delivered on or before Octo~fnlets~*ten~~~~ other provisions of Contract.
VII. RESTRICTIONS; EASEMENTS; LIMITATIONS: Buyer shall take title subject to: zoning, restrictions, prohibitions and other requirements imposed by governmental authority; restrictions
and matters appearing on the plat or otherwise common to the subdivision; public utility easements of record (easements are to be located contiguous to Real Property lines and
not more than 10 feet in width as to the rear, or front lines and 7'12 feet in width as to the side lines, unless otherwise stated herein); taxes for year of closing and subsequent
years; assumed mortgages and purchase money mortgages, if any; other: none
; provided,
that there exists at closing no, violation of the foregoing and none of them prevents use of Real Property for commp-rci. al or governmenta 1 purpose(s).
VIII. OCCUPANCY: i!81ler arraAte tRat tlolere ere FIe Jjerliee iR eeelollieP'lI, stRor tRaR I:BIlIr; but, if Property is intended to be rented or occupied beyond closing, the fact and terms
thereof shall be stated herein and the tenant(s) or occupants disclosed pursuant to Standard F. Seller agrees to deliver occupancy of Property at time of closing unless otherwise
stated herein. If occupancy is to be delivered before closing, Buyer assumes all risk of loss to Property from date of occupancy, shall be responsible and liable for maintenance from
that date, and shall be deemed to have accepted Property in its existing condition as of time of taking occupancy' unless otherwise stated herein or in a separate writing.
IX. TYPEWRITTEN OR HANDWRITTEN PROVISIONS: Typewritten or handwritten provisions shall control all printed provisions of Contract in conflict with them.
X. RIDERS: (CHECK if any of the following Riders are applicable and are attached to this Contract):
(a) D COASTAL CONSTRUCTION CONTROL LINE RIDER (c) D FOREIGN INVESTMENT IN REAL PROPERTY TAX ACT RIDER
(b) D CONDOMINIUM RIDER (d) D INSULATION RIDER
(e) D FHAIVA RIDER
(I) D OTHER:
XI. ASSIGNABILITY: (CHECK (1) or (2)): Buyer (1) D may assign or (2) 19 may not assign this Contract.
XII. SPECIAL CLAUSES: (CHECK (1) or (2)): Addendum (1) ~ is attached or (2) D there is no Addendum.
XIII. TIME IS OF THE ESSENCE OF THIS CONTRACT. BUYER'S INITIALS
XIV. DISCLOSURES: Buyer IXI acknowledges or D does not acknowledge receipt of the agency/radon/compensation and estimated closing costs disclosures...
THIS IS INTENDED TO BE A LEGALLY BINDING CONTRACT.
IF NOT FULLY UNDERSTOOD, SEEK THE ADVICE OF AN ATTORNEY PRIOR TO SIGNING.
THIS FORM HAS BEEN APPROVED BY 'THE FLORIDA ASSOCIATION OF REALTORS AND THE FLORIDA BAR.
Approval does not constitute an opinion that any of the terms and conditions in this Contract should be accepted by the parties in a particular transaction. Terms
and conditions should be negotiated based upon the respective interests, objectives and bargaining positions of all interested persons.
" COPYRIGHT 1991 BY ~E!L2R.!?~B~R ~N!:: T.!:!E!L2R~A_A~~IATION OF REAlfTORS
Connnunity Red~V'elop'. eu,t Agency . /.' I!' eM LL
of the 'i, y.'of Cl rw.~t-f?r -a/~~ , ~ p/~I/9'eDat:
.. ~ .. _ (Seller)' r
Ey: . .. - ~ tf/::ti .b~a te Social Secunty or Tax I.D. #
("'I
y"ia E... . ~~jLetarY ff2Jiate """'Soc",",,"T"LD.I""~J
Deposit un . Pamgraph lI(a) receiveQi:~O)~R-THAN CASH, THEN SUBJECT TO CLEARANCE.
-", - .~ - . .' -":'; '"
BROKER;S F$: (CHECK AI':JD3;OMPC-E'Ti'}f'lE ONE APPLICABLE) By:
D IF A LISTING-A~E&t~,[JSCiJRR'ENTLY IN EFFECT;
$1:lller agrees to pay tha..6coker named below, including cooperating sub-agents named, according to the terms of an existing, separate listing agreement:
OR
D IF NO LISTING AGREEMENT IS CURRENTLY IN EFFECT:
Seller agrees to pay the Broker named below, at time of closing, from the disbursements of the proceeds of the sale, compensation in the amount of (COMPLETE ONLY ONE)
_ % of gross purchase price or $ for Broker's services in effecting the sale by finding the Buyer ready, willing and able to purchase pursuant to the foregoing
Contract. If Buyer fails to perform and deposit(s) is retained, 50% thereof, but not exceeding the Broker's fee above provided, shall be paid Broker as full consideration for Broker's
services, including costs expended by Broker, and the balance shall be paid to Seller. If the transaction shall not close because of refusal or failure of Seller to perform, Seller shall
pay the full fee to Broker on demand. In any litigation arising out of the Contract concerning the Broker's fee, the prevailing party shall recover reasonable attorney's fees and costs.
Date
(Escrow Agent)
(firm name of listing Broker)
By:
(authorized signatory)
(firm name of selling Broker) (Seller)
By:
(authorized signatory) (Seller)
RIDERS CAN BE OBTAINED FROM THE FLORIDA ASSOCIATION OF REALTORS OR THE FLORIDA BAR.
FAR/BAR 002A.90a Rev. 1/91
~ -
STANDARDS FOR REAL ESTATE TRANSACTIONS
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mes, easements, lands of others or yiolate ~lnY restrictions,
on se ac
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Operator to determine if .there. is 'any visible active termite infestation or visible existing damage from termite infestation in the im r v are founcr. Buyer will
have 4 days from date of written notice thereof within which to have all damages, whether visible or no a e by a licensed builder or general contractor. Seller
shall pay valid costs of treatment and repair of all damage up to 2% of . suc costs exceed that amount, Buyer shall have the option of cancelling Contract
within 5 days after receipt of contractor's re" written notice to Seller or Buyer may elect to proceed with the transaction, in which event Buyer shall receive
a credit at closi 0 the total of the treatment and r pair estimate not in excess of 2% of the purchase price. "Termites" shall be deemed to include all wood
, t.
E. INGRESS AND EGRESS: Seller warrants and represents that there is ingress and egress to the Real Property sufficient for the intended use as described in Paragraph VII hereof,
title to which is in accordance with Standard A.
F. LEASES: Seller shall, not less than 15 days before closing, furnish to Buyer copies of all written leases and estoppel letters from each tenant specifying the nature and duration
of the tenant's occupancy, rental rates, advanced rent and security deposits paid by tenant. If Seller is unable to obtain such letter from each tenant, the same information shall be
furnished by Seller to Buyer within that time period in the form of a Seller's affidavit, and Buyer may thereafter contact tenants to confirm such' information, Seller shall, at closing,
deliver and assign all original leases to Buyer.
G. LIENS: Seller shall furnish to Buyer at time of closing an affidavit attesting to the absence, unless otherwise provided for herein, of any financing statements, claims of lien or
potential lienors known to Seller and further attesting that there have been no improvements or repairs to the Property for 90 days immediately preceding date of closing. If Property
has been improved or repaired within that time, Seller shall deliver releases or waivers of mechanics' liens executed by all general contractors, subcontractors, suppliers and materialmen
in addition to Seller's lien affidavit setting forth the names of all such general contractors, subcontractors, suppliers and materialmen and further affirming that all charges for improvements
or repairs which could serve as a basis for a mechanic's lien or a claim for damages have been paid or will be paid at closing of this Contract.
H. PLACE OF CLOSING: Closing shall be held in the county wherein the Real Property is located at the office of the attorney or other closing agent designated by Seller,
I. TIME: Time periods herein of less than 6 days shall in the computation exclude Saturdays, Sundays and state or national legal holidays, and any time period provided for herein
which shall end on Saturday, Sunday or a legal holiday shall extend to 5:00 p,m. of the next business day,
J. DOCUMENTS FOR CLOSING: Seller shall furnish the deed, bill of sale, mechanic's lien affidavit, assignments of leases, tenant and mortgagee estoppel letters and corrective instruments.
Buyer shall furnish closing statement, mortgage, mortgage note, security agreement and financing statements.
K. EXPENSES: Documentary stamps on the deed and recording corrective instruments shall be paid by Seller. Documentary stamps, intangible tax and recording purchase money
mortgage to Seller, deed and financing statements shall be paid by Buyer,
L. PRORATIONS; CREDITS: Taxes, assessments, rent, interest, insurance and other expenses and revenue of Property shall be prorated through day before closing, Buyer shall have
the option of taking over any existing policies of insurance, if assumable, in which event premiums shall be prorated. Cash at closing shall be increased or decreased as may be
required by prorations. Prorations will be made through day prior to occupancy if occupancy occurs before closing, Advance rent and security deposits will be credited to Buyer and
escrow deposits held by mortgagee will be credited to Seller, Taxes shall be prorated based on the current year's tax with due allowance made for maximum allowable discount,
homestead and other exemptions. If closing occurs at a date when the current year's millage is not fixed and current year's assessment is available, taxes will be prorated based
upon such assessment and the prior year's millage. If current year's assessment is not available, then taxes will be prorated on the prior year's tax. If there are completed improvements
on the Real Property by January 1st of year of closing which improvements vlere not in existence on January 1st of the prior year, then taxes shall be prorated based upon the
prior year's millage and at an equitable assessment to be agreed upon between the parties, failing which, request will be made to the County Property Appraiser for an informal
assessment taking into consideration available exemptions. Any tax proration based on an estimate shall, at request of either Buyer or Seller, be subsequently readjusted upon receipt
of tax bill on condition that a statement to that effect is in the closing statement.
M. SPECIAL ASSESSMENT LIENS: Certified, confirmed and ratified special assessment liens as of date of closing (not as of Effective Date) are to be paid by Seller, Pending liens
as of date of closing shall be assumed by Buyer. If the improvement has been substantially completed as of Effective Date, such pending lien shall be considered certified, confirmed
or ratified and Seller shall, at closing, be charged an amount equal to the last estimate of assessment for the improvement by the public body.
, " s,
s walls (or equivalent) and dockage do not have any VISIBLE EVIDENCE of leaks, water damage or structural damage and that the septic tank, pool, a , mechanical
items, heating, cooling, electrical, plumbing systems and machinery are in WORKING CONDITION, Buyer may, at Buyer's expense, have , a e of those items by a firm
or individual specializing in home inspections and holding an occupational license for such purpose (if required) or bey licensed Florida contractor. Buyer shall, prior
to Buyer's occupancy or not less than 10 days prior to closing, whichever occurs first, report ir1 wr' r such items that do r10t meet the above standards as to defects.
Unless Buyer reports such defects within that time, Buyer shall be deemed to ha er's warranties as to defects not reported, If repairs or replacements fIre required,
Seller shall cause such repairs to be made and shall pay up to 3';' ase price for such repairs or replacements as may be required in order to place such itoms in WORKING
CONDITION. If the cost for such repairs or re ceeds 3% of the purchase price, Buyer or Seller may elect to pay such excess, failing which either party may cancel
this Contract. If Seller is unab e defects prior to closing, the cost thereof shall be paid into escrow at closing, Seller will, upon reasonable notice, provide utilities service
and access r y for inspections, including a walk-through prior to closing. Between Effective Date and the date of closing, except for repairs required by this Standard,
damaged, cost of restoration shall be an obligation of the Seller and closing
of restoration exceeds 3% of th ..
to vcro e a c oSlng. If the cost
have the option of either taking Property as is, togethAr with ('lithel the 3% or
P. PROCEEDS OF SALE; CLOSING PROCEDURE: The deed shall be recorded upon clearance of funds. If abstract. evidence of title shall be continuC1cl al expense to SllOW
title in Buyer, without any encumbrances or change which would render Seller's title unmarketable from th,e dale of tile last evidence. Proceeds of the sale he held in escrow
by Seller's attorney or by such other mutually acceptable escrow agent for a period of not longer than 5 from ar1d after closing date, If Seller's title is rendered unmarketable,
through no fault of Buyer, Buyer shall, within the 5-day period, notify Seller in writing 01 the defect and shall have 30 days from date of receipt 'Of such notification to cure
the defect. If Seller fails to timely cure the defect, all deposit(s) and closing funds shall, upon written demand by Buyer and within 5 days after demaild, be returned to Buyer and
simUltaneously with such repayment, Buyer shall return Personalty and vacate Property and reconvey it to Seller by special warranty deed. If Buyer fails tu make timely demand for
refund, Buyer shall take title as is, waiving all rights against Seller as to any intervening defect except as may be available to Buyer by virtue of warranties contained in the deed.
If a portion of the purchase price is to be derived from institutional finar1cing or refinancing, requirements of the lending institution as to place, time of day ,mu procedures for closing,
and for disbursement of mortgage proceeds shall control over contrary provision in this Contract. Seller shall have the right to require from the lending institution a written commitment
that it will not withhold disbursement of mortgage proceeds as a result of any title defect attributable to Buyer-mortgagor. The escrow and closing procedure required by this Standard
may be waived if title agent insures adverse matters pursuant to Section 627.7841, F.S. (1989), as amended,
Q. ESCROW: Any escrow agent ("AQent") receiving funds or equivalent is authorized and agrees by acceptance of them to deposit them promptly, hold same in escrow and, subject
to clearance, disburse them in accordance with terms and conditions of Contract. Failure of clearance of fUllds shall not excuse Buyer's performance. If in doubt as to Agent's duties
or liabilities under the provisions of Contract, Agent may, at Agent's option, continue to hold the subject matter of the escrow until the parties mutually agree to its disbursement
or until a judgment of a court of competent jurisdiction shall determine the rights of the parties or Agent may deposit same with the clerk of the circuit court having jurisdiction
of the dispute. Upon notifying all parties concerned of such action, all liability on the part of Agent shall fully terminate, except to the extent of accountinQ for any items previously
delivered out of escrow. If a licensed real estate broker, Agent will comply with provisions of Chapter 475, F,S. (1989), as amended. Any suit between Buyel' and Seller wherein Agent
is made a party because of acting as Agent hereunder, or in any suit wherein Agent interpleads the subject matter of the escrow, Agent shall recover reasonable attorney's fees
and costs incurred with the fees and costs to be paid from and out of the escrowed funds or equivalent and chargeel and awarded as court costs in favor of the prevailing pmty,
Parties agree that Agent shall not be liable to any party or person for misdelivery to Buyer or Seller of items subject teJ this escrow, unless such misdelivery is due 10 willful breach
of this Contract or gross negligence of Agent.
R. ATTORNEY'S FEES; COSTS: In any litigation arising out of this Contract, the prevailing party in such litigation which, for thA purposes of this Standard, shall include Seller, Buyer,
listing broker, Buyer's broker and any subagents to the listing broker or Buyer's broker, shall be entitled to recover reasonable attorney's fees and costs.
S. FAILURE OF PERFORMANCE: If Buyer fails to perform this Contract within the time specified, including payment of all deposit(s),the deposit(s) paid hy Buyer anddeposit(s)
agreed to be paid, may be retained by or for the account of Seller as agreed upon liquidated damages, consideration for the execution of this Contract em I in full settlement of 811Y
claims; whereupon, Buyer and Seiter shall be relieved of all obligations under Contract; or Seller, at Seller's option, may proceed in equity to enforce Seller's ri,jhts under this Contract
If, for any reason other than failure of Seller to make Seller's title marketable after diligent effort, Seller lails, neglects or refuses to perform this Contract, the Buyer may seek specific
performance or elect to receive the return of Buyer's deposit(s) without thereby waiving any action for damages resulting from Seller's breach,
T. CONTRACT NOT RECORDABLE; PERSONS BOUND; NOTICE: Neither tllis Contract, nor any notice of it, shall be recorded in any public records Tl1is Contract sl1all bind :lIld
inure to the benefit of the parties and their successors in interest. Whenever the context permits, singular shall include plural and one gender sl1all include all. Notic(j ,liven by oJr
to the attorney for any party shall be as effective as if given by or to that party.
U. CONVEYANCE: Seller shall convey title to the Real Property by statutory warranty, trustee's, personal representatl'les or guardian's deed, as appropriate to tile status of SeIl81',
subject only to matters contained in Paragraph VII and those otherwise accepted by Buyer. Personalty shall, at request of Buyer, be transferred by an absolute bill of sale with warranty
of title, subject only to such matters as may be otherwise provided for herein,
V. OTHER AGREEMENTS: No prior or present agreements or representations shall be binding upon Buyer or Seller unless included in this Contract.N'o modification or change ill
this eontract shall be valid or binding upon the parties unless in writing and executed by the party or parties intended to'be bound by it. . ;;, .
W. WA'RRANTIES: Seller warrants tllat there are no facts knof to Seller materially affecting the value of the Real properl. which are not readily observable hy f3uyer c;;' WItch
have not been, disclosed to Buyer,
,
~
Copyright 1991 by The Florida Bar and The Florida Association of REALTOr,S
t .,
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)
ADDENDUM TO CONTRACT
The Seller and Buyer do hereby enter into this addendum to
Contract for Sale and Purchase of even date herewith, on the
property
located at 616-626B Cleveland Street, Clearwater,
Florida.
1. The Buyer acknowledges that no representations have been
made to it that the property is in good condition.
To the
contrary, the Buyer is purchasing the property irrespective of
the fact that the property may have defects, latent and
otherwise, including but not limited to roof leaks, structural
defects, plumbing and electrical defects, and broken or missing
appliances, equipment, fixtures and other items. The Buyer also
recognizes that the improvements on the property are old and of
unknown construction quality.
There may be or may have been
termite infestation and damage to the premises. The condition of
the property may violate current governmental building and other
codes.
The Buyer is purchasing the property irrespective to the
fact that the property may not be habitable, made habitable or
otherwise made suitable for the Buyer's intended use of the
property. It is the Sellers understanding that the Buyer intends
to demolish all of the improvements on the property and use it
solely as parking area or open space. The Buyer has had an
adequate opportunity to fully inspect the property or cause it to
be inspected by others to fully ascertain the condition of the
property and as a result thereof is fully aware of the properties
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condition and circumstances. All of the forgoing has been taken
into account by the Buyer in the consideration for this
transaction. The Buyer does unconditionally waive, release and
discharge the seller from any and all responsibility concerning
the condition of the property and the improvements thereon.
2. The Seller has advised and by this notification
confirms that the Seller is a licensed real estate broker in the
State of Florida, nonactive status.
3. Buyer agrees to honor and abide by any and all lease
agreements on the property existing as of the date hereof,
perform the terms as required and indemnify and hold Seller
harmless from any further obligation thereon. All security
deposits on rental units shall be credited to Buyer at closing. A
list of the tenants and occupancy terms is attached hereto as
exhibit "A". All leases on the property shall be assigned to
Buyer at closing.
4. Buyer Agrees that the Seller shall have the right to
retain occupancy of space currently occupied by Seller until
March 31, 1993 and the consideration for the occupancy has been
taken into account in the purchase price. No rent shall be due
the Buyer by the Seller for the retained occupancy term. Should
any repairs or maintenance be required for Sellers continued
occupancy of the premises, Seller agrees to make such repair or
maintenance or vacate the premises. Buyer agrees that the Seller
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shall have no responsibility to maintain or repair the property
for the Sellers continued use.
5. Buyer agrees that the Seller shall have the right to
remove and retain the signage on the exterior of the building.
Buyer further agrees that there is no personal property included
in the sale and all personal property located on the premises may
remain until Seller's retained occupancy term has expired at
which time the Seller shall have the obligation to remove all
items of personal property. Seller further has the right to
remove all shelving from the property even though it may be
physically attached to the building and been deemed a fixture.
6. During the course of Sellers right of occupancy
following closing, the Seller shall have the exclusive use of
reserved parking spaces numbered 5 and 6 located at the rear of
the premises being sold.
7. In the event the property improvements are damaged or
destroyed prior to closing, the Buyer agrees that the Seller
shall not have any obligation to repair or rebuild the premises.
8. The parties agree that there are no other real estate
brokers or salespersons involved in this transaction. Each party
agrees to pay any broker or salesperson engaged by it and
indemnify and hold the other party harmless from the claims of
any brokers engaged by it.
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IN WITNESS WHEREOF, the parties have executed this Addendum
to Contract this 2'~day of September, 1992.
of the
By:
krav.c301.s
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SPACE
626&626B
INGRESS/
EGRESS
PARKING
LEASE
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"EXHIBIT "A"
TENANT
DANTEH CORPORATION/
HAPPY BALOON COMPANY
ET AI.
TONE 40 L'rn
CITY OF CLEARWATER
I
EXPIRATION DATE
LEASE
JULY 31, 1993
LICENSE AGREEMENT
FEBUARY 28, 1993
LEASE
OCTOBER 1995
I
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SECOND ADDENDUM TO CONTRACT
The Seller and Buyer do hereby enter into this Second
Addendum to Contract for Sale and Purchase of even date herewith,
on the property located at 616-626B Cleveland Street, Clearwater,
Florida.
1. AUTHORIZATION TO CONDUCT TESTS AND STUDIES: Upon
the execution of this agreement, Buyer, his agents, employees and
servants shall have the right at any reasonable time, and from
time to time, to enter upon the Property for the purpose of
examining the Property and making tests, surveys, in, on, or
under it, including, without limitation, soil and subsoil tests,
and percolation tests. Buyer agrees that Buyer shall restore the
Property following such tests as nearly as practicable to its
former condition in the event the closing shall not occur. Buyer
agrees to indemnify Seller for any Mechanics' Liens which may
result from the Buyer or Buyer's agents exercise of Buyer's
rights under this paragraph, provided Buyer shall have the right
to defend any such claims on the Seller's behalf. In addition,
Buyer generally agrees to hold Seller harmless from and indemnify
Seller against any and all loss, damages or claims of any kind or
nature arising as a consequence of the acts or omissions of those
conducting the tests, studies, investigations, evaluations
conducted by Buyer, its employees, agents or independent
contractors (including, but not limited to, attorney's fees and
costs incurred in enforcing this indemnity).
2. REVISED CLOSING DATE AND PROVISIONS FOR ESCROW. The
parties agree that the closing shall be held on or be~ore
September 30, 1992. In the event that at the time of closing,
the Buyer shall not have received the results of the soil tests
and studies on the property, the parties agree that the closing
documents and funds shall be held in escrow by the escrow agent
hereinafter named and not delivered or disbursed until the
results are received and reviewed by the Buyer. In the event the
tests and studies reveal contaminated soil, wherein restoration
or cleanup shall be required by state or federal law, the Buyer
shall have the right to rescind this transaction by Notice in
writing to the Seller and Escrow Agent and receive a return of
all moneys being held in escrow, upon payment of which all
further rights and liabilities of the parties to the transaction
shall terminate and each party shall be relieved of any further
obligation to the other in this transaction.
"--
In the event the closing documents and funds shall continue
to be held in escrow for more than 60 days due to delays in the
Buyer obtaining the soil tests and studies of the property or in
determining what action to take as a result of the tests and
studies, the Seller shall have the right to rescind this
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transaction, by notice in writing to Buyer and Escrow Agent and
the escrow agent shall be authorized to disburse to the Buyers
all of the funds held in escrow, upon payment of which upon
payment of which all further rights and liabilities of the
parties to the transaction shall terminate and each party shall
be relieved of any further obligation to the other in this
transaction.
3. ESCROW AGENT AND ESCROW DISPUTES. The parties agree
that the Escrow Agent shall be the Seller's attorney, Gilbert P.
Macpherson. If any dispute or difference arise between the Buyer
and Seller, or if any conflicting demand shall be made upon
Escrow Agent, the Escrow Agent shall not be required to determine
the same or to take any action thereof. Rather, the Escrow Agent
may await settlement of the controversy or may deposit the escrow
sums into the Registry of the Circuit Court of Pinellas County,
Florida, in an interpleader action or otherwise, for the purpose
of having the respective rights of the parties adjudicated. Upon
making such deposit or upon the institution of such interpleader
action or other actions, the Escrow Agent shall be fully released
and discharged from all further obligations hereunder with
respect to the sum so deposited. Seller and Buyer agree that the
status of Seller's counsel as Escrow Agent under this Agreement
does not disqualify such Escrow Agent from representing the
Seller in connection with this transaction and in any disputes
that may arise between Seller and Buyer concerning this
transaction, including and dispute or controversy with respect to
the funds to be escrowed pursuant to the provisions hereof.
IN WITNESS WHEREOF, the parties have executed this Addendum
to Contract this 2Jr~day of September, 1992.
Agency of
Florida
, as Chairman
~'au, Secretary
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ESCROW AGENT'S JOINDER
The Escrow Agent, Gilbert P. Macpherson , does hereby
accept the duties of Escrow Agent as set forth in this Agreement
and agrees to hold the documents and funds as provided herein in
escrow, if required, and deliver and disburse them in accordance
with the provisions hereof.
ESCROW AGENT
B~
Gilbert P. Macpherson
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CommonweaIth@
Land Title Insurance Company
Commitment For Title Insurance
COMMITMENT NUMBER
811f-8b3338
COMMONWEALTH LAND TITLE INSURANCE COMPANY, a Pennsylvania 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.
This Commitment shall be effective only when the identity of the proposed Insured and the amount of the policy or policies
committed for have been inserted in Schedule A hereof by the Company, either at the time of the issuance of this
Commitment or by subsequent endorsement.
This Commitment is preliminary to the issuance of such policy or policies of title insurance and allliabiIity and obligations
hereunder shall cease and terminate 120 days after the effective date hereof or when the policy or policies committed for
shall be issued, whichever first occurs, provided that the failure to issue such policy or policies is not the fault of the
company.
In Witness Whereof, the said Company has caused its Corporate Name and Seal to be hereunto affIxed; this instrument,
including Commitment, Conditions and Stipulations attached, to become valid when countersigned on Schedule A by an
Authorized OffIcer or Agent of the Company.
COMMONWEALTH LAND TITLE INSURANCE COMPANY
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American Land Title Association Commitment - 1966
Face Page
Form 1004-34
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Valid Only If Schedules A, B and Cover Are Attached
ORIGINAL
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Land Title Insurance Company
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CCMot)NWEAL TH LAND TITLE INSURANCE CCM>ANY
CCHt1ITMENT FOR TITLE INSURANCE
SCHEDULE A
COllil'nitrnent No. 814-863338
Company File No. CL292197
Effective Date: Septernbe" 16, 1992 at 8:00 A.M.
1 . Po 1 "j cy or' Po l-i c -j es to be "i ssued :
OWNER'S:
$
365,000.00
Pf'oposed Insur'ed:
~ Community Redevelopment Agency of the City of Cleanvater, Florida
LOAN: $
Pr'oposed Insured:
NONE
2. The estate OI"intel"estin the land descr'ibed or' referr'ed to in this Commitment
and covet'ed he"ein is a fee s-jrnple, and title ther'eto is at the effect"ive date
her-eaf vested "in:
WILLIAM C. KRAVAS, a rnarr"jed man
3. The land r'efer'r'ed to in this COlTfnitment .'is descr'ibed as follows:
Lots 4, 5, 6, 7, 8, 9 and 10, Block 19, GOULD & EWINGS 2ND ADDITION,
according to the ilIap 01" plat ther'eaf, as recOl"ded'in Plat Book 1, page(s)
52, of the Pub l-i c Recor-ds of H-ill slx>r'ough County, Fl or'-j da, of wh'i ch
P-inellas County was formerly a part.
GILBERT P. MACPHERSON, P.A.
1822 DREW STREET, SUITE 8
CLEARWATER, FL 34625
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Counter's"jgned;..,_..__~l .i-/--. __".~__",,_.~:C~0~
Aut 'rized Off-icer or Agent
VALID ONLY IF FACE PAGE, SCHEruLE B AND COVER ARE ATTACHED
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Commonwealth@ I
Land Title Insurance Company
I
Cotmdtrnent No. 814-863338
COl"npany File No. CL292197
SCHEWLE B-SECTI()lI 1
The following ar'e the requ'ir'ernents to be cOfnplied \lIrith:
1. Payment of the full considerat"ion to or for' the account of the gt'antol"s
or' lnot" tgagors .
2. Instr'ument(s) ct"eating the estate or' 'interest to be insured must be
approved, executed and filed for record:
a) Warranty Deed from WILLIAM C. KRAVAS, a mar'ried per-son, joined by
spouse, to ~ Community Redevelopment Agency of the City
of Clean~ter, Florida.
3. Payment of all taxes, char'ges, assessments, lev'ied and assessed aga'inst
subject pt'81rdses, which are due and payable.
4. No liab"il'ityis 'incur'red by this Carnlitment unt'il the nonl'inee of, and/or
the Proposed Insul'ed "is disclosed and appt"oved by th'is Company, 01" the
issuing agent hel'e'in.
END OF SCHEWLE B-SECTI()lI 1
2
r;I. CommonwealthCl>
~ Land Title Insurance Company
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Cormd tment No. 814-863338
Company Ff1e No. CL292197
SCHE[XJLE B-SECTICN 2
Schedule 8 of the policy or poHcies to be issued \/t/"ill contain excepUons to the
following !natters un less the same al'e disposed of to the sat-isfaction of the
COHlpany:
1. Defects, liens, encumbr'ances, adver'se claims 01' other-' rnatter's,H any,
created, f-il'st appeal'ing in the publk 1'8Cords 01' attaching subsequent to
the effect-ive date her'eof but pr-ior' to the date the pt'oposed Insur'ed
acquires for' value of r-8Cot'd the estate 01' -inter-est or mOl'tgage thel'eon
cover'ed by this Commitment.
2. Rights or cla-ims of par-ties -in possession not shown by the pubHc
records.
3. Easements or claims of easements not shown by the public recor-ds.
r--~ ~.~ ""Encroachments, overlaps, boundary line d-isputes, and any other !natter-s
~~iCh would be d-isclosed by an accur'ate survey or'inspection of the
./ pr'errd ses _
".
5. Any l-ien, or' right to a l-ien, for sel'vices, labor', or mater'ial her'etofor'e
01' hel'eafter fumished, -imposed by law and not shown by the publ ic
records.
6. Arly cla-im that any part of sa-id land is owned by the State of Flor'-ida by
right of sover-eignty, and I'ipal'-ian l'ights, -if any.
7. Taxes for the year of the effective date of this Commitment and taxes or'
assessments wlyich al'e not ShOM, as ex-ist-ing l-'iens by the publ-!c I'ecor'ds
or wh-ich may be levied or assessed subsequent to the date her'eaf. Said
taxes beco..ne alien as of Janual'Y 1 of each year, but ar'e not due and
payable unt'il Novernber 1 of that same year, pursuant to section 197.333
F.S.
END OF SCHE[XJLE B-SECTICN 2
3
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Commitment For Title Insurance
CONDITIONS AND STIPULATIONS
L 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 stateain Schedule A for the policy or policies committed for and such liability is
subject to the insuring provisions, the Conditions and Stipulations, and the Exclusions from Coverage 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 stalus of the mortgage thereon covered by this Commitment
must be based on and are subject to the provisions of this Commitment.
American Land Title Association Commitment. 1966
Cover Page
Form 1004-121
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COMMITMENT
FOR
TITLE
INSURANCE
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American Land Title Association
1966
II
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Issued by
Commonwealths
Land Title Insurance Company
Title Insurance Since 1876
HOME OFFICE
EIGHT PENN CENTER
PHilADELPHIA, PA 19103-2198
B 1004-121
~
CommonwealthQP
Land Title Insurance Company
POLICY NUMBER
Ib5-0gQSOl
OWNER'S POLICY OF TITLE INSURANCE
SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS CONTAINED IN SCHEDULE B AND THE
PROVISIONS OF THE CONDITIONS AND STIPULATIONS HEREOF, COMMONWEALTH LAND TITLE INSURANCE
COMPANY, a Pennsylvania corporation, herein called the Company, insures, as of Date of Policy shown in Schedule A,
against loss or damage, not exceeding the amount of insurance stated in Schedule A, and cost, attorneys' fees and expenses
which the Company may become obligated to pay hereunder, sustained or incurred by the insured by reason of:
1. Title to the estate or interest described in Schedule A being vested otherwise than as stated therein;
2. Any defect in or lien or encumbrance on such title;
3. Lack of a right of access to and from the land; or
4. Unmarketability of such title.
IN WITNESS WHEREOF, the Commonwealth Land Title Insurance Company has caused its corporate name and seal to be
hereunto affixed by its duly authorized officers, the Policy to become valid when countersigned by an authorized officer or
agent of the Company.
COMMONWEALTH LAND TITLE INSURANCE COMPANY
AU'" ~ J fJ I;r:l~ .~ ~ Pre,jdon'
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy:
1. (a) Governmental police power.
(b) Any law, ordinance or governmental regulation relating to environmental protection.
(c) Any law, ordinance or governmental regulation (including but not limited to building and zoning ordinances)
restricting or regulating or prohibiting the occupancy, use or enjoyment of the land, or regulating the character,
dimensions or location of any improvement now or hereafter erected on the land, or prohibiting 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.
(d) The effect of any violation of the matters excluded under (a), (b) or (c) above, unless notice of a defect, lien or
encumbrance resulting from a violation has been recorded at Date of Policy in those records in which under state
statutes deeds, mortgages, lispendens, liens or other title encumbrances must be recorded in order to impart constructive
notice to purchasers of the land for value and without knowledge; provided, however, that without limitation, such
records shall not be construed to include records in any of the offices of federal, state or local environmental protection,
zoning, building, health or public safety authorities.
2. Rights of eminent domain unless notice of the exercise of such rights appears in the public records at Date of Policy.
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 and not shown by the public records but known to the insured claimant either
at Date of Policy or at the date such claimant acquired an estate or interest insured by this policy and not disclosed in
writing by the insured claimant to the Company prior to the date such insured claimant became an insured hereunder;
(c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy; (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.
American Land TiUe Association Owner's Policy - 1970 - Form B (Rev. 10-17-70 and 10-17-84)
Form 1005-96 Face Page
Valid Only If Schedules A, B and Cover Are Attached
ORIGINAL
CONDITIONS AND STIPULATIONS
1. DEFINITION OF TERMS
The following terms when used in this policy mean:
(a) "insured": the insured named in Schedule A, and, subject to any
rights or defenses the Company may have had against the named insured, those
who succeed to the interest of such insured by operation of law as distinguished
from purchase including, but not limited to, heirs, distributees, devisees,
survivors, personal representatives, next of kin, or corporate or fiduciary
successors.
(b) "insured claimant": an insured claiming loss or damage hereunder.
(c) "knowledge": actual knowledge, not constructive knowledge or no-
tice which may be imputed to an insured by reason of any public records.
(d) "land": the land described, specifically or by reference in Schedule
A, and improvements affixed thereto which by law constitute real property;
provided, however, the term "land" does not include any property beyond the
lines of the area specifically 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": those records which by law impart constructive
notice of matters relating to said land.
2. CONTINUATION OF INSURANCE AFTER CONVEYANCE
OF TITLE
The coverage of this policy shall continue in force as of Date of Policy in
favor of an insured so long as such insured retains an estate or interest in the
land, or holds an indebtedness secured by a purchase money mortgage given by
a purchaser from such insured, or so long as such insured shall have liability by
reason of covenants of warranty made by such insured in any transfer or
conveyance of such estate or interest; provided, however, this policy shall not
continue in force in favor of any purchaser from such insured of either said
estate or interest or the indebtedness secured by a purchase money mortgage
given to such insured.
3. DEFENSE AND PROSECUTION OF ACTIONS - NOTICE OF
CLAIM TO BE GIVEN BY AN INSURED CLAIMANT
(a) The Company, at its own cost and without undue delay, shall provide
for the defense of an insured in all litigation consisting of actions or proceed-
ings commenced against such insured, or a defense interposed against an
insured in an action to enforce a contract for a sale of the estate or interest in
said land, to the extent that such litigation is founded upon an alleged defect,
lien, encumbrance, or other matter insured against by this policy.
(b) The insured shall notify the Company promptly in writing (i) in case
any action or proceeding is begun or defense is interposed as set forth in (a)
above, (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 such prompt notice shall not be given to the Company, then
as to such insured. all liability of the Company shall cease and terminate in
regard to the matter or matters for which such prompt notice is required;
provided, however, that failure to notify shall in no case prejudice the rights of
any such insured under this policy unless the Company shall be prejudiced by
such failure and then only to the extent of such prejudice.
(c) The Company shall have the right at its own cost to institute and
without undue delay 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, and the Company may take any appropriate action
under the terms of this policy, whether or not it shall be liable thereunder, and
shall not thereby concede liability or waive any provision of this policY'i
(d) Whenever the Company shall have brought any action or interposed a
defense as required or permitted by the provisions of this policy, the Company
may pursue any such 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.
(e) In all cases where this policy permits or requires the Company to
prosecute or provide for the defense of any action or proceeding, the insured
hereunder shall secure to the Company the right to so prosecute or provide
defense in such action or proceeding, and all appeals therein, and permit the
Company to use, at its option, the name of such insured for such purpose.
Whenever requested by the Company, such insured shall give the Company all
reasonable aid in any such action or proceeding, in effecting settlement,
securing evidence, obtaining witnesses, or prosecuting or defending such
action or proceeding, and the Company shall reimburse such insured for any
expense so incurred.
4. NOTICE OF LOSS-LIMITATION OF ACTION
In addition to the notices required under paragraph 3(b) of these Condi-
tions and Stipulations, a statement in writing of any loss or damage for which it
is claimed the Company is liable under this policy shall be furnished to the
Company within 90 days after such loss or damage shall have been determined
and no right of action shall accrue to an insured claimant until 30 days after
such statement shall have been furnished. Failure to furnish such statement of
loss or damage shall terminate any liability of the Company under this policy as
to such loss or damage.
5. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS
The Company shall have the option to payor otherwise settle for or in the
name of an insured claimant any claim insured against or to terminate all
liability and obligations of the Company hereunder by paying or tendering
payment of the amount of insurance under this policy together with any costs,
attorney's fees and expenses incurred up to the time of such payment 01; tender
of payment, by the insured claimant and authorized by the Company.
6. DETERMINATION AND PAYMENT OF LOSS
(a) The liability of the Company under this policy shall in no case exceed
the least of:
( i) the actual loss of the insured claimant; or
(ii) the amount of insurance stated in Schedule A.
(b) The Company will pay, in addition to any loss insured against by this
policy, all costs imposed upon an insured in litigation carried on by the
Company for such insured, and all costs, attorneys' fees and expenses in
litigation carried on by such insured with the written authorization of the
Company.
(c) When liability has been definitely fixed in accordance with the condi-
tions of this policy, the loss or damage shall be payable within 30 days
thereafter.
Conditions and Stipulations Continued Inside Cover
1- ..
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B 1005-7
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Issued witli Policy No.
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SCHEDULE A
Policy No. 165-099507
Effective Date: October 20, 1992 at 11: 1 lAM
File Number 6098/9629
Amount of Insurance: $ 365,000.00
1. Name of Insured:
COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF CLEARWATER, FLORIDA
2. The estate or interest in the land described herein and which is covered by this policy is a fee simple (if other, specify same)
and is at the effective date hereof vested in the named insured as shown by instrument recorded in Official Records Book
8064 , Page 1385 ' of the Public Records
of pinellas County, Florida.
3. The land referred to in this policy is described as follows:
Lots 4, 5, 6, 7, 8, 9 and 10, Block 19, GOULD & EWINGS 2ND ADDITION,
according to the map or plat thereof, as recorded in Plat Book 1,
page(s) 52, of the Public Records of Hillsborough County, Florida,
of which Pinellas County was formerly a part.
Law Offices of
Gilbert P. Macpherson, P.A.
1822 Drew Street, Suite 8
Clearwater, FL 34625
Countersigned:- /
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VJX~I L ;';>/L-~'7~<-
Authorized Officer or Agent
ALTA Owner's Policy
Schedule A
Form 1005-91
ORIGINAL
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SCHEDULE B
File Number 6098/9629
Policy No, 165-099507
This policy does not insure against loss or damage by reason of the following exceptions:
1. Taxes for the year 1992 and taxes or assessments which are not shown as existing liens by the public records or which may
be levied or assessed subsequent to the date hereof.
2. Rights or claims of parties in possession not shown by the public records.
3. Encroachments, overlaps, boundary line disputes, and any 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. 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.
6. Any claim that any part of said land is owned by the State of Florida by right of sovereignty, and riparian rights, if any.
End of Schedule B
Schedule B of this Policy consists of
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ALTA Owner's Policy
Schedule B
Form 1005-92
ORIGINAL
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(Continued)
CONDITIONS AND STIPULATIONS
7. LIMITATION OF LIABILITY
No claim shall arise or be maintainable under this policy (a) if the
Company. after having received notice of an alleged defect, lien or
encumbrance insured against hereunder, by litigation or otherwise, removes
such defect. lien or encumbrance or establishes the title, as insured, within
a reasonable time after receipt of such notice; (b) in the event of litigation
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. as provided in paragraph 3 hereof; or (c) for liability voluntarily
assumed by an insured in settling any claim or suit without prior written
consent of the Company_
8. REDUCTION 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. No payment shall be made without producing this policy for
endorsement of such payment unless the policy be lost or destroyed, in
which case proof of such loss or destruction shall be furnished to the
satisfaction of the Company,
9. 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 either (a) a mortgage shown or referred to in Schedule B
hereof which is a lien on the estate or interest covered by this policy, or (b)
a mortgage hereafter executed by an insured 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. The
Company shall have the option to apply to the payment of any such
mortgages any amount that otherwise would be payable hereunder to the
insured owner of the estate or interest' covered by this policy and the
amount so paid shall be deemed a payment under this policy to said
insured owner.
10. 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 alTecting one or
more of said parcels but not aJl, 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 such
parcel by the Company and the insured at the time of the issuance of this
policy and shown by an express statement herein or by an endorsement
attached hereto,
11. SUBROGATION UPON PAYMENT OR SETTLEMENT
Whenever the Company shall have settled 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 entilled
to all rights and remedies which such insured claimant would have had
against any person or property in respect to such claim had this policy not
been issued, and if requested by the Company, such insured claimant shall
transfer to the Company all rights and' remedies against any person or
property necessary in order to perfect such right of subrogation and shall
permit the Company to use the name of such insured claimant in any
transaction or litigation involving such rights or remedies. If the payment
does not cover the loss of such insured claimant, the Company shall be
subrogated to such rights and remedies in the proportion which said
payment bears to the amount of said loss. If loss should result from any
act of such insured claimant, such 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 hereunder which shall exceed the amount, if any, lost
to the Company by reason of the impairment of the right of subrogation.
12. LIABILITY LIMITED TO THIS POLICY
This instrument together with all endorsements and other
instruments, if any, attached hereto by the Company is the entire policy
and contract between the insured and the Company,
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 any action asserting such claim, shall be restricted to the
provisions and conditions and stipulations of this policy.
No amendement of or endorsement to this policy can be made
except by 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 Company.
13. NOTICES, WHERE SENT
All notices required to be given the Company and any statement in
writing required to be furnished the Company shall be addressed to
Commonwealth Land Title Insurance Company, Eight Penn Center,
Philadelphia, Pennsylvania 19103.
NM 1
American Land TItle Association Owner's Policy - 1970 - Form B (Rev. 10-17-70 and 10-17-84)
Cover Page
Form 1005-8 Valid Only If Schedules A and B Are Attached
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American Land Title Association
Owner's Policy - Form B - 1970
(Rev, 10-17-70 and 10-17-84)
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POLICY
OF
TITLE
INSURANCE
Issued by
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Commonwealth~
Land Title Insurance Company
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Title Insurance Since 1876
HOME OFFICE
EIGHT PENN CENTER
PHilADELPHIA, PA 19103-2198
B-lOOS-8
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ASSIGNMENT OF LEASES
ASSIGNOR: WILLIAM C_ KRAVAS
ASSIGNEE: COMMUNITY REDEVELOPMENT AGENCY OF THE
CITY OF CLEARWATER, FLORIDA
FOR VALUE RECEIVED, the undersigned, WILLIAM C. KRAVAS,
herein referred to as "Assignor", does hereby assign to
COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF CLEARWATER,
FLORIDA, herein referred to as "Assignee" all his right title and
interest as lessor with respect to all leases or rental
arrangements executed or delivered both oral and written now
existing or hereafter made or existing, hereinafter collectively
referred to as "leases" with respect to the following premises:
Lots 4, 5, 6, 7, 8, 9 and 10, Block 19, GOULD & EWINGS 2ND
ADDITION, according to the map or plat thereof, as recorded in
Plat Book 1, page 52, of the Public Records of Hillsborough
County, Florida, of which Pinellas County was formerly a part.
together with all rents (or payments in lieu of rents)
payable under said leases, including but not limited to such
leases as may be described in attached Exhibit "A", if any is so
attached, and all benefits and advantages to be derived therefrom
to hold and receive them unto the Assignee.
This Assignment shall include any extensions and
renewals of the leases and any reference herein to the said
leases shall be construed as including any such extensions and
renewals.
This instrument shall be binding upon and inure to the
benefit of the respective successors and assigns of the parties
hereto. The words "Assignor", "Assignee", and "lessees",
wherever used herein, shall include the persons named herein and
designated as such and their respective successors and assigns,
and all words and phrases shall be taken to include the singular
or plural and masculine, feminine or neuiter gender, as may fit
the case.
This Assignment shall cover all leases and rental
arrangements of the Assignor and all subsequent owners of the
property.
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IN WITNESS WHEREOF, the Assignor hereto has caused this
Assignment to be executed and delivered on this 30th day of
September, 1992.
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STATE OF FLORIDA
COUNTY OF PINELLAS
The foregoing instrument was acknowledged before me
this 30th day of September, 1992 by WILLIAM C. KRAVAS, who is
personally known to me and has taken an oath.
NOTAR\ PUBLIC, STATE or:: FLORIDA N LAROI.
MY COMMISSION EXPIRli:S JUNF 26,1993 .
GONDED THRU GP.lERAL INS. 'JNDERWRIT~RS
WITNESS my hand and official seal in the County ~nq
State last aforesaid this 30th day 0 eptember, 1~. /.Y'.' _. :'>'''''
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Prlnted Name of Notary
ACCEPTANCE OF ASSIGNMENT
The Assignee, COMMUNITY REDEVELOPMENT AGENCY OF THE
CITY OF CLEARWATER, FLORIDA, does hereby accept the foregoing
assignment and assumes the obligations of the leases from this
day forward and agrees to honor all security deposits and advance
rents as may me provided for therein.
COMMUNITY REDEVELOPMENT
THE CITY OF~~ER,
~ J.b.l,~
AGENCY OF
FLORIDA
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LICENSE AGREEMENT
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TII IS Ar:Rr:I~Hf.NT. made in dupt iCAte on the .L- day of Harch, 1990, between
:lnd :lrnc'ng '.Hl.l1AtI C. KRA\'I\S, ("Owner"), and TONB 40 LTD., II Florida limited
p.Htlll'l'lilil', ("License'!"):
WIT N E SSE T R:
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\J1I1~IlF:^!', O"'ner is th.! (,wner in fee lIimple of the following d('scr ibed real
prop"l Iy in I' i "I' 11.1!J County, FI or i .Ill:
PARCEL A
1.,'1:9 I, through 10. inclu9ive, in Block 19 of GOULI1 & EWING
:~I:cotm AOIHTION, n9 recor'ded in PlAt Book I, page 52, of
thE' puhli<: r{"~ord~ of Hilhborough County, Flodd:!, of
"Id eh pi n'>.lla~ Cotlnty wa9 formerly a part.
Imf.HF.I\!:, Lieen'H!e <JW'19 or has an ownerllhip interest in the following
deRer if,,,d rl'al prol',>.r tv:
PARCEL B
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Lilt: 11, nlock 19, of GOULD & EWING SECOND ADDITION, liS 1('COlde.!
i" rlat n'lok I, page 52, of the public records of Hillshorongh
Cllunty, Florida, o[ ,,'hich pinellall County wall formerly 11 part.
vlllF.IlI\^::, -'l f{'nee owned by Owner and lIituate on Parcel A prev,'nts acccss to
1',111:1'1 B f,om the NOlth or rea. of the building on Parcel B, and
VlHf.RI':^::, 1 i<:ensee i9 operating on Parcel B A busincllS known liS "Off Limits"
and is ath." wi :IC U~ inr. or rent i ng portionll of laid build ing for office purposes and
c1!'Rir.'" to oht.lin [r(1m Owner the I'rivilege of accells across a portion of Parcel A
lying north ot Panel B, to provide pedelltrian accesll. 3CCeSS to a tl"ash clumpstl!r,
..",I 3<:('ens for clel iv"ries to the building on Parcel Ii
NOW TIII:RF.FORf:. in cons i.del at ion of the foregoing And o[ the covenants
hf'r.~in cont.1in.,d on the p.ut of: the Licenllee to be kept and performe,l. the parties
to thi1 t\g'e'''o'~nt do hereby mutually agree all follows:
(I) The tf'lnt of this l\grf'ement and the riahtll and privileges hereby
Cl'''1t<<,t 1h;"1 '~o,"m('nce on Harch 1, 1990, and IIhall terl.Lnate on February 28, 1991,
"nl,>,,~ Il<Hlnl'" tl'rminllted in ac'~ordance "ith the provisionll her<>.inafter set forth,
or ~y.t,.n,led hy agr('ement in wr iting signed by each of the parties hereto.
(2) (hiller h!!rehy gl ants to Licenllee the right of ingre9s an<t eg(e9S to and
[1'1)10 I'll':"! R 'lver and acrOFS that portion of Parcel A dellcrib'>.d as follows:
TI,,>. W"st IJ fe(.t " inches of the !allt 22 feet of the South
I foot of Lot l" 'Hod. 19, GOULD' EWING SECOND AnOITlON, U
I ~corrle,1 in PInt Book I, page 52. of the public r<'!cords of
IIi 11 sho1"OUllh C(>un~y, Florida, of which Pinellas C'lIInty wa9
hrmedy a parI.
!llJbjf'ct, hOWI'''''1" , to the foll0'4ing termll and conditionll:
(1) I.i~en~.!e, at it'J expenlle, _,a, remove such portions of the
l.xistinF. f<ln<:!' ;1I~d gate" ss ar'! wholly within the areA dellcrib.!d in parag(sph 2
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abovp, <lnd ~hall m<1intai,n the 9tructural integrity of all other pot.tion9 of 93id
f,.ftc", inclll.lillR th;,t portion extending north from the northwe9t corner of the
b"i IdillR on PIlIcel n, [or so long as thi9 Agreement remain9 in effect.
(h) Licennee flhlll not use or permit the use of the area described in
p.1rap.I'<lph 2 ~"ove for any purpose other than pedestrian acce9S, tra9h dumpster
pick-"p .111.) ;)c('pss for deLiver:-iI'9.
(.el Licellnee shill not use or perlllit the use of the trash dumpster
localed on ralC<' I A for di"P09111 of trash or garbage from Parcel B. The use of
S'I;" elII"'Jl9tf". ",heth,!t' ",ith or ,,'ithout the knowledge or consent of Licen8l'e, by
I'IOpIOY(,P9, ap'('1I18, patt'nns, t'~nllnts or inviteel of Licensee shall constitute a
breaph [If thi~ ^greelOent.
(,I) tin building m"tetial9, re9idue, remnant9, trash or other ob.iect9
sh<ll1 h,' ,IIIIO,.e". 8tore,l, 8t:.1cket1 or permitted to remain on any portion of Parcel A
by 1,;ceIl8"e or its ",""Loyees, IIgent9, patron9. tenants or invitee9.
(,,) Th,! enthe exi8ting wooden fence on Parcel A, eJl:cept that portion
which Li':",n~('.' ;s :Jlltho..tze.J by this Agreement to remove, shall remain in place and
Bhllll he kept ill go,,,1 r'~pajr by Licengee at its expenle during the tenn of thi9
^gtl!"IO,,"t. 111")11 the ('J{piration or termination of thie Agreement: the portions of
the feliPe .1nel gates rpl!I.)ve,' by l.ic('ngee shall be replaced by Licensee within thrl~e
bo~; ne~'l day~ :t Iler the date thi s /lgreement expiree or i8 terminated.
()) ^1 cons ideration f(lr the rightl hereby granted, Licen~ee covenant9 ;lOd
ag'l!l'S 1:0 pay the ~'"n of ONE THoUS/lND TWO HUNDRED DOLLARS, which 9hall be rayabJ.!
as fnllows:
Cl) TIIREE HUNDR ED DOLLARS ($300.00). plus tax, upon the eJl:ecut ion 0 f
thi" ^p-t-e'~m(,lIt.
(hI ailE RUNDREI' DOLI.ARS ($100.00). plul tax, on April I, 1990, and on
the [i"lt day or ea,h m(Jnth thelealter to and including December 1,1990. Each
r<l)'"'~nt: 8h<111 b.. macle without n"tice or demlnd. not later than the fifth day of
('Itch m,mth dlltillg the tetlTl of this Agreement. All luch plymentR 9hal1 be made l:<l
(lw"'~r ;It fi2(l CI..veland Street, ':Jcilrwater, Florida. 01' It 8uch other plac.~ a8 Owner
shaLL d'~8ig"al:e in I4riting.
(f.) Li'.~en9(!e shill I ind'!1IInify Ind holel harlllleu the Owner horn Ind against
.1lty lia':lility fll any injury to petSOn8 01' d.age to property occasioned by Iny
act (II' .:>mnti ,:siol' of Licensee or it" E'mployeel. agente, patron8, tenant9 and
in'!it,'es in the U8e o[ the Ilea to which the licenle pertaine, and 8hall maintain,
;111.1 rklivcl II' ()wiler o?villenrf' of, liahllity InaurancII nll1lllnR Owllf'r U An additionll
insllll',' ill ".ininlllR 1m.'lmtll of $IOIl.OOO.oO per perlon and $300,000.00 pCI' occuranee
,. I \\' "'1' 'I~ ,:',\1", "I f'l\o~ '\,1\4 tt(("c:\.
,\\ N,II".'I IhI~ ~.""'",,',,I ,\,\1 'ht .....\.~\.l' ('o( "1\~' d.I'.M' "t"ntN' (>1'
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ct"eated hereby <;haI1 conntitl<te or result in any easement, In'cscriptive right 01'
any other right, title aI' inter-lst in or to any portion of Parcel A in favor of 01-
all behal f of Li"cnsee or the ge'ler.lI puhlic. This AgI'eement is personal to the
Licensee and is non-assignable, and any attempted assienment by Licensee will
t'~rminate the (';ghts and privel.:ges granted hereby.
(6) If Licensee shall violate any of the provisionn of this Agreement,
then ttH' Owner "hall have the right to terminate this Agreement imme,liately and
without notice,
Any failu!'c to exercise this right to tel-mi.nate shall not
const itute a wa Iver or rei inqui::hment of the right to so terminate upon any
subscquent violation,
[f it becomes necessary for Owner to retain an attol'ney to
enforce any of the terms het"eof, then Licensee agrees to pay all costs of such
enforcement, whcther suit is lHClught ai' not, including, without limit.ltion,
rea'sonable atto,neys fel-s, an.1 including all such costs and fees in any appellate
and bankruptcy proceedillgs.
(7) Th i s Agreement shall not be terminated by either pal'ty prior to the
end of the tenn herein specified, except in accordance with Paragraph 6 above,
(8) Licensee llcknowl.!dges th;Jt Owner has disclosed to Licensee that Owner
holds an inactiv.! Florida t"ea.! estate Broker's License.
(9) This agreement shall n,)t he recorded in thl~ public recol-ds of Pinellas
County, Florid.l.
([0) This Agreement shall b~ hindinl~ upon and inure to the benefit of the
parties hel'eto and their I"espl'ctive heirs, personal representatives, 8ucceSSOl'9 llnd
permitted assign.'!. 'O,is iH the ,:omJllete agl'eement between the p.ll,ties with regal-d
to the HtJbject matteI' herllOf 111ld sUJlercedcs all prior negotiations;: ,-epresentations
and oral agreements and shall not be modi fied except by agreement in writing signed
by each of the parties hel-cto,
IN WlnIE~;S WIIEItEOF, ti,e partiE.'s have executed or caused these presents to
bU"~ by""" duly '''<>0<' ,.d "'0," " of <>, d 'y ;md yw fi 00' ,ho..
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Witness
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f{..~va~~
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WNEIt
BY:
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EXTENSION TO LICENSE AGREEMENT
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'l'HIS AGREEMBNT is made this 2>>~ day of March, 1992,
between WILLIAM C. KRAVAS, ("owner") and TONE 40 LTD., a Florida
limited partnership, ("Licensee"):
RECITALS
1. 'J'he parties entered into a certain License
Agreement dated March 7, 1990, a copy of which is attached hereto
as E:xhibi t "A". 'l'he I.icense agreement was extended unti 1 February
28,1992 by extension Agreement dated March 6, 1991.
2. The parties are desirous of extending the License
Agreement for an addit.ional period of one (1) year and modifying
the license fee with t:he remaining terms and conditions
continuing without change from the original agreement.
AGREEMENT
Pursuant to the foregoing recitals, the parties agree
as follows:
1. The parties do agree that paragraph (1) of the
License Agreement shall be modified to provide that the License
Agreement shall terminate on February 28, 1993 instead of
February 28, 1992 as provided for in the previous amendment.
2. 'rhe mont:hy payment for this extended term shall be
in the sum of $75.00 per month plus tax commencing March 1, 1992
and continuing to and including February 1, 1993. In addition to
the first monthly payment:, the licensee shall pay the last two
monthly payments in advance on the date of the execution of this
Agreement.
3. The partiE!s agree that all other provisions of the
License Agreement shall l'eDlain the same.
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IN WITNESS tlHEREOF, the parties have executed or. caused
these presEmts t:o be E1xecuted by their duly authorized agents as
of the clay and year fi.rst above written.
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As to Oymer
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WILLIAM C. KRAVAS
"Owner"
~~t!~~=:
'I'ONE 40 LTD. .)"
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" GENE~ P TNER
. '~"Licensee"
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Ex'rENSION TO LICENSE AGREEMENT
'l'HIS AGREEMEN'r is made this ~_ day of
_~:::~!:L{'L_________, 1991, be1:ween WILLIAM C. KRAVAS, ("Owner")
and TONE 40 UfD., a Florida limited partnership, ("Licensee"):
RECITALS
1. 'rhB parties entered into a certain License
J\greement dated March 7, 1990, a copy of which is attached hereto
as Exhibit "A".
2. ThB parties are dE!sirous of extending the License
Agreement for a period of one (1) year under the same terms and
conditions as set forth in the original agreement.
AGREEMENT
Pursuant to the foregoing recitals, the parties agree
as follows:
1. The pa rt ies do agree that paragraph (1) of the
Licl~nse Agreement aha II be modified to provide that the License
Agreement shall t:erminat:e on February 28, 1992 instead of
February 28, 1991. T!le monthly payment in the sum of $100.00
pIu!; tax p,?r month shall continue during the extended term of
th i~; I\gree"JTIl~nt.
!. 'l~e paJ~jes agree that all other provisions of the
Lice'nse A':J r.eement. shall remain the same.
CN \\ITNESS HHI:REOF, the parties have executed or caused
the~e p)~e:;"n1:s to be l:xe'cui:ed by their duly authorized agents as
oE the (lay LInd year firE:t above written.
HI'I'NESSES:
<~.?.~~~r~,t4~'-"
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WILLIAM C. KHAVAS-- -----
"Owne;:-"
TONE 40 LTD.
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LEASE AGREEMENT
THJ~; Lf.ASE, eff€.cl:iv~ ill of the first day of November, 1990, b~' ,1nd bctwel!n
IHLLIAH ,;, KRAVAS, hereinilft!r ':aJ.le<1 till! "Lessor". and CITY OF CLEARWATER, a
political ~lJf'divisic'll O[ Lhe Stitt: of FLorida, hereinafter called the "Lessee":
'~ :c T N E SSE T H:
HllfJl!,AS, thl L.:!;9!1r is ';111: OWl1!!" of the fee simple ti tIe to th:: followillg
de~':rjht'c1 If':!l proplrtv s tUlti' ..11 the City of Clean,ster. l'inel1as CO'lI1ty,
F 1 ,) i da:
LoU, .~ thlllUgh 10. inclusive, Block 19 of
:;OII1.D /, E\llN:; S~CotlD ADDITION as recorded in
Plal B.)ok 1, Pa ~,. 52, 0 E the Public Records of
Hills':lolo.I[.'l Co 'Jl\I:y, Florida, of whlch pinell.ls
::Ollflty \/a; bnn.~,~ly a part.
HHf:HEAS, a part 0' said J>'~op(:rty has heretofore been leased and used by
Le';s"" a;" '11'.1oi:i(>al par'~ingl,)t, and
t<HF:I\f:AS, the L'!Hs'Jr has ,JI~reed to lease the following part of said ploperty
to the L,'s';o:~ for the t"tll herein.lfter set forth, IIpon the expiration of the
ex;stinf, I<:"se. all su1:>.ie:t to and upon the terms 'llld conditions herein contained:
LotH 4 th'ough 10, inclusive, Block 19 of
GOlJLD ,~ E'HNG SECOND ADDITION as recorded in
Plilt Bcook I, l'a~e 52, of the Public Records of
Hil1.sbvl'o'Jgh Councy, Florida, of which Pinel1as
County IJa I lorm~d y a p-n t. Less dnd except tha t
pOl,tion of said l,)ts on which an existing store
building is preseqtly situate, and less and except
the East: t.O fo)t and tlle South 1.0 foot of lilt I.,
the East 1.0 foot of Lot 10 and the Eaqt 1.0 foot
of the ~;oJth 1.0 f.oot of Lot 5, and the West 1.0
foot of L.Jtf 7 and 8,
(h('t inaftc,. re [err,~d tJ al "the d",mi~;,~d premises" ()r "the pre-ni ses")
~1(:\1. THEREFORE. 11 consideration of the 11lu';'Jal promIses herein contained
and th,' 11Ut",lL ben.~fits t) te derived by each of th., parties hereto, it is
o:.OVt'lvllted "no:! agre,~d by lne' betw'~('n the parties heret') as {ollows:
I. The Le;lNl tlo~s hereby leas~ and demise to the Lessee, and Lessel~ does
I'ent: and a~;.'ept frOlll Le;sJt, the demised premises .19 described above, and Lessee
accE'pts th,~ prc1lli se g, and aJ I improvements thereon, in the ir pre sent condi t ion.
2, This l'~.]se sh3l1 be fOl' an initial term of five (5) years, commencing
Hcv.~mber I, 199(\, and conti,.uil'g through October 31, 1995. If neither party has
tenninated t.his lea5€ priol' to the end of the initial term, then this lease shall
con'~ifl\J~ in full force and "ffEct after the initial term until terminated by either
palty giving notice of term;nation a5 provided in Paragraph 8 below.
The LeSSEe shal' pey tll the Lessor .1S minimum rental for the demi sed
PIe1nises th" surt lIf ri'le HUlldrE'd Dollars ($500.00) per month. In addi tion to such
mlnlm'JITl r"~'al. the l.e.;sc<.! ,h.l11 pay additional monthly rental "dOled upon the
mnn~hly I?,l.' 's r,:cl,ipL,; from thE. rat'kin/! lot. as follows:
A. ',()~ .:f III gro,lf rec.!ipt!o between Sl.OOO.OO and S;',OOO,OIl,
II /,n.~ l fill gros=, 1'''c,~iptH in ,,)(:ess of ~':' ,noo,oo.
PA( I'; OflF' 0' i'OU!: PAGI';S
,- ')
'.....'
GrCls, rl'cei pt:s .ne del't',:ed a; all reco?ipt3 from meters and parkLg permits
aP1'1 icable tll th. I'remi:;e6, LES!: sales, use 01' rental tax on those receipts
r~quin~d to he paid by Le6se,~ tc' the State of Florida. All payments shall be made
t,} Wl11iam C, Kravas, a: 00 Cleveland Street, Clearwater, Florida 34615, Ot' .n
such other address as L'~SEor ma)' from time to time designate in writing. As soon
as p"actic-'lble after thl~ end of each month but not later than the 10th day of each
nh}nt'l, the L.'ssee shall df liver to the Lessor a statement Ahowing the total gross
teceipts fro'G the demjf;~d pr'!mt!les fot' the preceding calendat' month, together with
a ch~clt to the 1I~ s sor for th! m} n imum and addi tional monthl y I'ent due for the
precedin~ calendar montn. TIe Lessee agrees that Lessor shall have the right at
anv time to insp'~ct th!, bc>ok, and records of the Lessee relative to the gross
reco?ipts frll'll the operaticn ,}f the parking lot. It is agreed, however that any
such inspect ion hy the Le! sor must be at reasonable times and places and done in
such iI way a; no:: to hind,r }r del ay the Lessee or its agents or employees in the
pel- f'~nndllC'2 () f the i r dut ii-S.
[, The Lessee Cu\enInt:; and agt'ees as follows:
(a) T,} m.nnti'ln genet'al liability ins\ll'ance, or fut'nish evidence of
self i"STll'3112e"g.3.in;;t clai,ns "f iniur~' to persons or property resulting from the
negligeu<:e (If Le;s,~e lJI' that of its agents or employees, and to indemndy, defend
and hol~ har'nles3 the US.lor fr,>m ano against any such claims. With respect to any
pergon n,)t " p2T ty to thi:; a~re.~m(!nt, the Lessee does not wa i ve any de fenses or
limit"ti,lO' it m3Y hav.! a,; to SJch claims under Sec. 768.28, Florida SLltuteS.
(b) To provide such lighting of the pn!mises as in the judgment of
Lessee i; ."h~quate for th.~ safety and w(!lfare of till! persons using the parking lot
"n,f thO' '~ell"l'a] publ i:.
(c) To regul'lrly mIintaln and make all repaIrs n~cessat'y to keep the
surla~e ,)f the parking 1.0': and all walkl4ays and landscaped areas of the premises in
goac .lnd sal.~ condItion a: all times.
(d) To proui,le and maintain pavement m,lTkings, parking meters, stgns,
car stop; ,Icod all other i:eos nec.~ssary for the propel', safe and effi.cient
"pCI ati,'Jn ,11 the pr.~miF:'!s a! a parking lot. Any and all painted directional
matkers an,1 parhng space stripes will be repainted by Lessee ,,'it.l1in two (2) years
aft!'r the :('nm.!nc"'rn.~nt ,}f tie ter'1l of thiS Lease.
(.~) 10 kee'J thE premises, the one-foot strip of 1.1nd owned by the
LeS"'H .me! ,x.:ll,dE,i from thr premises, and the grass .Irea north of the pl'emises to
the ,:l1t'b ;,1 1.auta 5trE',~t .:1. an ani hee of refuse and debris; to keep all plants,
gra:;s .""d J'lier vf'gdation, including that within the strip of land bEtween the
!,l"'mi,;,~, all" th, lot 111e:; .'nd the afore,;aid grass area, trill'med and n~at at all
"irr,.!s. ror the sClL' r"jrpc>s" 01 permitting complian.:e with the requirE'ments of this
:;l-.lnarilQr.3p', (e', L:!f9')[ grdnts to Ll!ssee a license to go upon the one-foot strip
,)f lalld o'"n'd by Lesser and excluded from demised premises, which lies between the
dClOlS,'d Pl',?':l\ses an~ the 10': lines.
(f) To plovide, if deemed necessary in the judgment of Lcssor, .1
.
':l1llvcnirntlv located truck loading space reserved e1C:lusively for tenants of the
Knnas J',uJlling.
(gl To plovide space for ten (10) cars in the tcn spaces .1djacent to
PACI'; TlW OF FOUR PAGES
~:,:
and En~ctly north of1t:,e Krlva" E.uildirg, insofar as possible lonsistent with good
plan,inl~ of ':he 1 ayout ,)f th" parking lot, at the rate of $10,00, plus sales tax,
P?l' mu,l:h I'f' spac'~, to t'nalts C'l the f,ravas Building, for l,'nant vehicle parking
'n]v, '?xceFt that two (ll of tilt' faid tE'n spaces shall be reserved for parkin:~ by
mClIlh?r, pf t"e K,'a"a!1 fami ly withl)ut (:hCl.n~e. All proceeds hom th~ I'ental of such
spac:?s (CX::(Dt fl)r sales tax) shall bi' in::luded in the gross I'eceipts tJ.om th.?
Pill'kin;; ~ot [or purpdlles (.f :omputing additional n:ntal to be paid by Lesse,~ to
L~ss:>t .
L,~s lee Ig~ee'; to ke'!D '.n 1'1 ",:e <In ef fective barr ier hetween the tena'lt and
(e5'~rv'.d pn<1(I~ s ('8C'~S irlme i iil':eJ y n.nth of :he KravaH Ill! ild In~ and ti,E' meter.~d
puhlic rar1<i-\g are,H.
] f Le;se., desne,: to remc.we the pl,ant'''I's which presently
:ol1:;titt:':e ,;u.:h ,] tarriEr t,en LEiss!'e ,;ha11 first "ubmit to Lessor a plan to
replac" th:<t harri"r ,lnd the pl,lnters shall not be I'emovcd until Lessor has
appl'oved the repLact'm'~nt barrie,'.
(h) To provide the following:
(i.) '~lIforceme'lt and monitoring, at least once in the morning and
on,:e in the afternClC.n, (If all m,~t"l"ed parking areas during nonnal operating hours
(8:00 A.'1 t1u.ollgh (,:00 1'.11 every day except Saturdays, Sunday,s and holidays if
ex tude,1 'lY o(.dinanc.e, ,n .IS oth?rwise posted on meters);
(i i) Enf,)rcement and monitoring of tenant vehicle permit parking
ar'~a <16 pro\' id"d in sub"plragraph (g) above, consistent with appl icable municipal
Ja~~ <lnrl1or ordinances, o~ a 24 hour per day, 365 days per year basis.
5, The Le'lli'~r ilnl lessee mutually agree as follows:
(a) Th.lt ",1 pHking meter" posts, wheel stops, signs, planters and
cotlH r j t;,mo; pl.lced on the ploperty by L~f.see shall be and remain the property of
the L€ssee <l'ld Les3'~e shall have the full right to ,'emove the Sam€ at ,~ny time
(sllbj,:c t. h'. wevn., ::0 the pI uvisions of paragraph !.( g) above).
(b) L~3see s:la1 I have the right to fix time allocations and ratcs fOl
metl!red p.!rking and mon~hty charges (currently $25.00, plus sales tax, pel munth)
fot' nis~n'.~d palkin~ (eKcepl Kravas Building tenant parking), pr0vided, howl'\' '':r,
th,,': Less,'r may request: challges in p,nking fees, meter rates and time allocations
':0n.li,;tent-1ith the llE'~ and demand for p.lrking from time to time during the te1m of
':111'; le;ls',. an:! such r,'q"es',s Fhall not he unreasonabLy or arbitl-arily denied by
l.,essee.
(c) Le ssor ~ ha l L have the right, at his expense, and wi th the consent
of LeSSEe, .....hich con,;e,t shIll not b~ unreasonably or arbitrarily withheld, to
place 'JIl :h'~ pr,~m i se~ rlint~rs, fences and similar barr icades for the purpose of
b.~alltLfIC,J:ion, dircctiol of tlaffic flow and blockage of areas not intended for
plJbli~ \larking Ir"<,,s, 101 e<am:Jll! the parking areaE: for Kravas Building tenants,
t',e sit., ,,( the dUllIp;t:cr freight loadi,ng zone and tenant access areas.
(d) n.e LE's:;ce Shll', ha'Je the right to establish as many entran:es and
exits on the La'Jra 5tH:e': fron:.1ge ;lS '..t may deem advisable, pnJVided that L",ssor
shall b,~ flven at lea;:: '10 day; ,.,.ritten notice of ;lny chang,>s in the rntr,lncps ;llId
exits l',<i,tinr. ~n the rla:e thi; ',eas,~ lS executed. and provj.led further that IW
.
ch<'I1~!'~S 1'1 ';II(:h <'lIlra,":-:; cnd ~'(lts shill be made .....hi:h wou!,i pLl1hi,it In
materiaIJ.. ,hI",,,,;;.! )' d 'f~.:t conv.~ni,'nt Dubli: ingr,:ss and egress to al1d from the
p,,?Tki n!~, ] 'It .
PAG, THR" r: oJF FOUR PAGe:;
I). 1.e ss('~
I d d' ()
c')ltla~ts an agr'e.~s to pity rrectly.o the late of Florida all
r'~ Ice:! I,D be paid on thE' re'1tals reserved Lessor under this
salen or UBi! tax(~s
L.~ase. If a'. any time the 1< ssar shall be required to pay any such sales or tise
tax, or any Jnt~rest or penalties thereon, then Lessee agrees to reimburse Lessor,
with,n ten (10) days after dl'mand, for the full amount of such tax. interest and/or-
p.!naltles, alld to indemnify and hold harmless the Lessor from any
liabllity therefor and fro'll ilny costs and expenses incurred by Lessor in connection
ther(~with .
7. The Lessor' agree" to pay all ad valorem taxes and other assessments
against the propE'rty.
!3. Ei ther Le ssor or Lef see may tl.!rminate th is lease at any time by g iv ing
writcen noti,:e of l'uch termination to the other party at least six (6) months prior
to the date "f terminat Ion speci fied i,n such notice. Provided, howevel', that if
Lessor ad Is and conveys the pre.perty, then the new owner shall have the right and
optilln to tenninate thi; leate t-y giving three (3) months written notice to Ll~ssee,
Upon the t"r'nination of this le<1se th" Le;see shall remove any and all parking
m'~te,.s, ros~" wheld st'lPS, ;tgf'S, planters ,Jnd other items pla.:ed on the prelHses
by Ll!ssee, a'1d L('Sllee. at it:. e>.ren:;e, shall repa ir any and all ho le~ and o::h,!,-
dlma,~e to th,! paving l'esul ti'lg lrcm such removal.
(, [f LeSH"'! ~,ha) I ,tef/wlt iet the performan:e of any of the t.'I'11lS of this
l"'i1s'~ 3n( "ll:h d,~LlUl t shd 1 not be curEd within thi rty ()O) days ,Jftet' no::ic,!
from L.',,,,or. then LesBor nlay imne-eiately tenoinate this leas" and reCO"E'r
P)5,I~ssi<'n of thl~ preni sef SJbj,'ct, hOWEver, to the right of Lesse,! to I'emove
m~ters, post" e::c. and tl e lbl ,-!1;atioll clf Lessee to repalr darlage .)ccasioned by
5l1(:h re-tn"v.ll as ie:: fot-th in th,' preceding paragraph 7.
10. If any litigat iOI shall be brought to enfolce the terms of this 1,~.lse
agl'eem;:nl:, tilen ::he prevaili1g pal'!:y in Buch litigation shall be entitled to
recovel' cu'm the other pal ty all costs and expenses of such li,tigation, including
reasonable attorney's Eee~
1 c. This agrel~mEnt: shall he binding upon ami inure to the benefit of the
parties herct,o, the SUl:ceHsors of Les;ee and the heirs, personal representatives
and a5siRns of Lessor.
IN liITNESS ~rnERF:OF, the part ies hereto have executed ::hese presents as of
the da:/ Jnn year fit'st ab.lve wr iteen
CITY
OF CLEARHATER, FLORIDA
-6?, ---;( -&1---,
:iJf"~~e~ _____
NayC'r-COllml s s ioner ~/j
Rn:I Galvcy I
BY:
Ci ':.y Manage I'
RO'1 II. Rabun
ATTEST: (',_,''- - II '_ c:: 1.;L,._, "V "
lc.rhne~~ t:'ill,kall
M.
(~AAA,~ 'tZ ~ ~ ~ e -:tI/UvU-
_..,.-_n_ wrtr,t-;---trm----- . ~~illiam C. 'Kra~:~
~\''l G'\tt5)~f2,-- ___
witness
FACE FOUR OF' FOUR PAGES
I
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LEAS E AGHEEMEN'l'
'I'll I S LEASE ].GREENEHT is made and enb~red into this 1st.
clay of AllQUfd, 1991 by and bebJeen the undersigned, DAHTEH
COHPOHA'IION, d/b/a Till: tlAPPY BALLOON CONPANY and FLO\-JEHS BY
FLO~~EHS, not incorporHted, referred to as "Tenant," and WILLIAM
C. KPA V AS, referred 1:0 ,1S "La ndlord. "
] N CONSIDEH1,T [ON of the sum of the mutual promises,
covenants and condition::; hE!rein, the receipt and sufficiency of
which are he t"l?by acknowledged, Landlord and Tenant agr'~e as
folIous:
] . :n~:!3!~__~~1~ L~A:~~;: The Landlord does hereby let to
'l'enant thr:! pr'endsf~s (h~s':;rlbed as 626 Cleveland street,
Cl,~arwat:er, Florida (l'Lt)WERS BY FLOWERS) and 626-B Cleveland
Street:, CIE'a r' '''; a ter, F] 0 L ida (TIlE HAPPY BALLOON COMPANY) and
'l'enant shall have and h,)ld the premises commencing August 1, 1991
and ex tOlld i nq for a 1:E,nn of 2 <1 months and expiring on auly 31,
1993, unlt:!ss soorlf:!r 1:E,rminated in accordance with' the provisions
hereinafter set forth.
2 . !:,~R!S!t1_~~ SPACES: It is understood and agreed tha.t
two (2) private parking spaces are available to Tenant
immediately north of thl~ l<ravas Building, by virtue of a Lease
Agreement between thE! Landlord and the City of Clearwater.
Tenant agrees to pay to t\le city of Clearwater the monthly charge
made by the city for the private parking spaces, and further
agrees that such spaces shall be used only for parking for
Tenant's officers and eloployees, and at no time will said spaces
be used for customer parking. In the event the Lease Agreement
bet:ween the L;:\J1dlord an<l the City of Clearwater is terminated,
then the Tenant agrees to pay to the Landlord the same monthly
charge for the private parking spaces as was made by the city at
the time the Lease Agle(!ment was terminated, and Landlord agrees
to continue to make that Bpace available to Tenant. Provided,
however, that the right to the use of the parking space may be
terminated by Landlord upon thirty (30) days written notice in
the event the configura1:ion of the parking lot north of the
Kravas Building is changed or in the event of any breach of this
Lease by the Tenant.
3. REWfAI. ~NJ) BECURITY DEPOSITS: The Tenant agrees to
pay the Landlord-theUlelltalamounts and security deposit set
forth as follows:
A. Rental: The Tenant agrees to pay to the Landlord a
total bas,! rental for the twenty-four months of
th is Lea Sl! 1:he sum of FOURTEEN 'l'HOUSAND FOUR
HUNDRED AHD NO/lOa DOLLARS ($14,400.00) plus
appl icat,ll! Btate tax. The rental shall be payable
in equal monthly installments of SIX HUNDRED AND
NO/IOO [IOLL1\RS ($600.00) per month pI us appl icable
Florida sales tax thereon on or before the 1st day
of E:!ach mon1:h.
1
I 1
I
B. Security Depo::;it: Tenant have previously paid the
Landlord the sum of EIGHT HUNDHED SIXTY ONE AND
NO/lOO DOLLARS ($861.00) as security Deposit to! be
held by 1:he Landlord as partial security for tlle
Tenant.' s compLi.ance with the provisions hereof.
Upon Lea:;e expira tion or agreed upon earl ier
tE!l~minatLon of this Lease and the return of the
premises to Landlord in accordance \Vith the terms
and condi.tions of this Lease including all rentals
have b(~en paid in full and the premises maintained
in accordance \.Jith the terms hereof, the Landlorcl
agrees to return the security deposit: to Tenant.
I~o int(~n!st on th(~ security deposit ::;;hall be
credited to Teni\nt. Landlord shall have the right
to retain all or a portion of the Security Deposit
,IS required to ful fill Tenant I s obI igations.
.'3hould1:he S,=curity Deposit be insufficient to
t:ul fill ']'enant: I s obligations, Tenant shall remain
'Jbl iqat.q~lto Landlord for such addi t'ional sums as
ll1ay be' i.c:~qlli:r€!c1 to satisfy the Lease terms.
4. 1JTILI'rn~~: AND SERVICES: The Tenant shall contract
-.------"--.-.--- --------
for in its narnlC! and she Il pay for all utili ties consumed and
serv ices prov i,lec1 the c'emi:;ed premises incl ud ing, but not 1. imi ted
t:o, el/C!ctrLc, "!ate)~, SE\VI~r, gas, garbage, and trash removal.
:.
:i. Jl~l!i~~~~~_~~'CJ~_AtJl?_REPAIR: The 'fenant agrees to leas~
t~he propecty in an "AS I::;" condition. The Tenant has fully
inspect(~d t111= premi se~; and agrees to rema in in possess ion of the
preJl1i~;I~S in il::; present condition \oJithout repair, restocation or
impl:ovement~s 1:<) be made by Landlord. 'l'he 'renant agr(~es to
perform all i 1:<~Jns of ma intnnanc(! and repair on the premises as
follo\,n; :
Tenant I s Milintenance: Tenant C1qrees to restore and
lnaint:ain the int:erior of the prmnises and ma}<:e all
'-epa i rs, additions and I-eplacements as required to
'~est()r-e and Ina intain the dE!mised premises in good
itppear-ance, order and repair and in confor-mity with
illl building and fire code regulations thereon and
itS may be changed from time to time including, but
not limited 1:0, painting, repair, and replacement,
f~lect:Lical, plumbing, air conditioning, heating and
other mE!chilnica 1 ::;:ystems, carpentry, masonry and
cJeneral redecorating. Further, the Tenant agrees
1:.0 clean and maintain unobstructed all sidewalks,
parking arnaf;, alleys and rights-of-way used in
c;onjunction \lith t:he demised premises.
G. ~L~_~_~~~_'!:!IE ~~E!llS~~: 'J'he premises shall be llSE!d as
a balloon, novl!lty, flcw(!r and gift shop. Any other use of t:he
premisefi durincI thE! term of the Lease shall require the
Landlord':; wr i 1: ten consent, \oJh ich consent sha 11 not unreasonably
be \-!i1:hheld. In the event that use of the leased premises as
2
.
I
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contemplated js prohibi.ted or restricted by any governmental
agency and the Landlord fails to consent to such reasonable
a 1 tenlat i v (~ ll~; E~ of th e prelTl.i.s(~S as. sha 11 be requested by the
Tenant, then Tonant: shall havE~ the right to terminCt te this Lebse.
· 1
7. IW;UEANCJ~: The Tenant, at its sole expense, shall
procure and mclTrlEa-rrl--ul full force and effect personal property,
con ten ts, invent:ory and public 1 iabil i ty insllra nce including
contractu<:l.l Ij ab1lit.y (:overage with limits of not less than ONE
HUN DHED 'IBOllS MID DOLLAHS ($100,000.00) per person, TIIHEE HUNDRED
'l'IIOlJSl\llD ()()r.J.lIl~~; (~JOO.OOO.OO) per occurrencEl, and TEN 'I'I10USl\ND
DOLLAH~3 (~;;l(l, ClOO, 0(') fl)r property damage, insurin<) agcdnst any
and a 11 ii.a),i 1 it:)' vd th respl:!c t: to the premises or use or
occupancy UtE! I eo r, and naming the Landlord as an addi tional
insured. E\, j(l enee i n~3U1~ance cove rage as prov ided here in shall be
suppl ied to tll E! La'ndl ():~d pr .lor to occupancy.
H. INllEMNI'rY: The Tenant agrees that it will, at all
times, illdemnif"};-,-a_nd___:;.\ve, protect and keep harmless the Landlord
and the demi sed premisl~s from every and all costs,' loss, damagE~,
liability, expem;e, penalty and fine whatsoever, ""hich may arise
from or be cla.imE!d against the Landlord or the demised premises.
by any pen;on or persons, for any inj ur ies to person or property, ..
or damage of v.'hat:ever J:ind or character consequent upon or ·
arisinSJ from t.he use or occupancy of said demised premises by
said Tenant, or consequent upon or arising from any neglect or
fault of the 'l'enant or the' agents and employees of the Tenant, in
t.he use <uld occupancy of the premises, or consequent upon or
arisinSf from any failure by the Tenant to comply and conform with
all laws, ~:;t a t u t.es, orcli nances and regulations at the United
states, the Stat.e of F'lot"ida and any municipality in which said
premises lllay be situat:od, n01ll or hereafter in force; and if any
suit:s at:' pl:'oceedjn9s shall be brought against. the Landlord or t.he
saiel demi sed p l~emises (In account 0 f any alleged viola t ion
t:hereor, or fa ilurl~ t:o comply and conform therewith or on
account of ony damagE!, omission, neglect or use of said premises
by t.he Tenant, or the c'g'~nts and employees of the Tenant, or any
other person on said Pl'emi::iE!s, the Tenant agrees that the 'rellant
1IIill defend Silllle, and \o'ill pay uhatever judgments may be
recoven~cl against the Landlord or against said demised premises
on account the ceof; prc1v i.ded hm.Jeve,r, that the Tenant shall not
be required, and nothing in this paragraph shall be construed as
requirinq'renilllt, to ind.:!mnify Landlord against any costs,
losses, c1.:J.m(lg(~:.;, 1 iabil i 1:il:!s, expenses, penal ties, fines or
claims of any type ari::ing from the acts, omissions or negligence
of Landlord, its aqent:: or employees.
9. DEFAULT: '['hl~ following provisions are appl icable
for the compLt"lnce--of th,~ provisions of this lease by Tenant:
II. '['he failt'r'~ of 1'enant to comply with each and
,~very telm and condition of this Lease shall
,:.:ons ti tut e a breach of this Lease. For defaults of
U)e Lease 1:erm other than the 1'enant' s timely
payment. to LandIo1:d of rent and other cha l-ges
]
I
I
provided herein, or other items set forth in
sub-pa raqraph "B" hereof, the 'l'enant shall have
thirty (:10) days after receipt of written notice
from Landlord of any breach to correct the f
cond it iOlls spoci fled in the not ice, or 1 f the (
cOl'rect:ions CclTlnot be made with in the 30-day
period, ']'enant: shall have a reasonable time to
C01TI3ct t:h,~ default if action is commenced and
di] iqen1:1y pursued by Tenant within thirty (30)
days' afb!r n~ceipt of the notice. In the event
Tenant feli ls t:o correct or diligently pursue
':orrection 0 E any defaul t , within thirty (J 0) days,
l:he TenaIlt shall h(~ in default of this Lease.
B. I: f Tenant. ::;hd1l:
(1) Defaull: in payment of rent or any other
paymE'nt:s required of Tenant and such defaul t
~, ha 1] Gon tinue for ten (10) days a fte l' Sledd
paymEni: :;ha11 become due, and af'ter 5 days
YJt-i tt en not:icE~ to Tenant, or
(2) I f any pnrson shall levy upon or ta)<.e this
leasehold intE!rest or any part thereof upon
E!xecutioll, attachment or other process of law,
or
(3) IE the premises shall be abandoned or business
operations shall cease for a period oE thirty
(30) or 1I10re days for reasons Hithin Tenant's
C:()11t roJ., or ·
(4) IE th1~; Lease shall, by operation af law, pass
t.O ilny pE!rSOn ather than Tenant:, or
(~5) If Tenc1 nt. shall fail to open for business
\'/1t111n forty-five (45) days after the prE~mises
in available.
I'or allY of foregoing items in this sub-paragraph
II nil, La nd lc'rd may, without notice or demand,
i (~rlllinat:e this Lease and 'l'enant shall remain liable
i)S IH!rein:lfter provided and Landlord may:
(1) Immediately, or at any time thereafter,
re-enter and resume possession of the premises
and r'~ITlove all persons or property therefrom
WiUlO'lt being liable for damages therefor. No
re--en'::ry shall be deemed an acceptance of a "
surrender of this lease and;
(2) LC\ndl<Jrd may re-let the whole or il part of the
prE~lIIi:;es upon such terms and conditions as the
Landlord may deem reasonable and;
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(3) Lancl]ord shall be entitled to recover from
Tenant an amount equal to the rent remaining
due inGluding the rent due for the balance of
the tenn of this Lease plus other charge!; (
I~egui rod' by this Lease and all costs of I
mainta5_ning the premises whilE:! vacant, all
f:!Xp.::!n sos 0 f re-lettinq inc1 uding commissions,
advertising costs, and costs of repair less the
n~nt, if any, received as a refiul t of
n~-letting the demised premises.
C. In the (~vellt of the breach of the 1:erms 0 f this
J,eas(~ by eith(:!r party, the prevailing party shall
l,e enl:itlecl to recover from the ol:her, in addition
t O:tI1Y otl1E'r amounts found due, all expen!;es,
j IIC lud.lng l'easonable attorney fE'es and court costs
i Ilc'-Irn~d in recovering possession of the premises
,'nd colle::t ic'n ot: the rents and c11arc1es due, all
(OS t.s of ma int:a ining the premi ses wh i 1e v,\can t, all
fXpl~n!;es :Jf rE!-II:"!tting including commissions,
,1 c1VI:!rtis i ng cos ts, and costs of repair.
:1 O. }\SSTGNHENT AND SUBLETTING: ,}'he '}'enant shall not
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have the right: to a!::sign its interest in this Lease or t:o sub-let
said pn~m:is(:!!: I or any p,nt thereof, except wi th Landlord's
written CCnSE!lll:. Any a)Jprovf~d assignment or sub-let shall be
subject at all times to the provisions of this Lease, provided,
however, in ~;uch an instance, Tenant shall at all times remain,
obliqated lWl'E~llndE!r the same as though no assignment or sub-lease
had occun~l~d. '1'E!IIant a(Jrees that it will not permit any
a:3siqnment lwreor by op(~ratioll of law wi thout the consent in
writing of t.llE! Landlord, fin;t had and obtained. No assignment
for the belwfit or cred.i.tors or by o~e.ration of la\-! shall be
effective to tl'ansfer allY ri9hts to ~le said a.ssignE~e without the
written con::;ent or the Landlord, first: had and obtained.
].1.
TENANT COVENANTS:
Tenant specifically covenants
that:
fl.. IE Landlord shall pay any'money or incur any
expense ill Gonnection with any obligation of Tenant
in this LE~ase, the amount thereof may, at
L,lnd lord I!:: option, be considereel as rent, payable
t()gether vdth the first installment of rent due
il [ter Lancil,)rd I s dl!mand for payment in accordance
H Lth tile F'rovisions of this Lease and of law as to
d/~fault in payment of rent.
l3. It will pay. the agreed rent together with all other
~;llms 0 f IlIcnoy due hereunder, whether under the
Pl-OV is ions hereof sLlch other sums may be consider.ed
i'\:; rent or not:, a t the times and in the manner
hf~rein set forth.
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C. l:t will cceupy the premises promptly, and
thereafter continuously during the term of this
Lease and any renewal or extension thereof, to
conduct in said premises the business permitted! by
this Lease. I
[). ~;llOUld any ME!chani(.;s' or other 1 Jens be filed
ilgainst any portiol; of the premises by reason of
'J'encHlt I s acts or omissions or because of a claim
ilgain:;t Tenant, 'fenant shall cause the same to be
c.nceled and discharged of record by bond or
othenoJLse liJit.hin ten (10) days after notice by
I.andlord.
12. l':XPIRl\TION OF' LEASE 'l'ERM: Upon expiration or
termination o(t.J1T~;--]=(~asE'-;-Ten~1I1t shall deliver said pn~mises to
the Landlonl in a::; qood cond i tion as sa id premi ses sha 11 be in as
of the d at.e of tend(~r 0 f possess ion subj ect to ordinary wea rand
tear. In the eV(:!l1t: t:1Ie Tenant shall remain in pos'session of the
demised premises foJ.lowing expiration or termination of this
Lease, it. shalJ not bl:! construed as a renewal or extension of
this Lease unless an extension or renewal of this Lease in
wri ting is e>:ecut:ed by both parties. Should Tenant hold over
beyond the expiration or termination date, Tenant shall be
obliqated to pay 1:he Landlord an amount double the base rent due
together with all ot.her charges for the period of continued
POss(~ssion .
1]. !!Q~:.rS;g~,: All rental payments and notices are to be
made to WILL]A~I C. KRAVAS at 620 Cleveland Street, Clearwater, FL
34616 or at such otller place as may be designated by the Landlord
by notice to Tenant in \/riting. Notices to Tenant are deemed
duly made if delivered by hand or certified mail, return receipt
reqlws ted, to '1'(~nCln tat: 626 -B Cleveland Street, Clea rwa tel', FL
34616.
14. \vi\IVEH: )'ailure of the Landlord to e>:ercise any of
its rights hereLlnde:r ~;I1Clll not b(~ deemed a waiver of any of the
term::. and cOlld i tion:; of this Lease, and, shall not precludE! said
Landlord from the exercis'3 of any such rights upon any such
default continuing, or up'Jn any subsequent occurring default or
defaults.
15. ^LTE:RATIOlIS: Except as otherwise authorized
herein, the TeJ),;i1t-agi:(u!s that it will make no alterations in or
additions OJ:' ilnprc'v(~rnent.s to said premises in an amount exceeding
Olm 'l'HOUSi\tW DOLIJI,R~, P?], 1)01). 00) Hithout, in each case, the
writt.en ccnl:;ent of the J,a'ldlord being first had and obtained,
which consent ::;ilal1 n01: b,~ unrea!:;onably withheld. 'I'he Tenant
agrees tll'1 t, i. f ,\ ny sllch a l t.:!ra t ions, addition!":; or inlprovements
are lIIade i'l occ'lpyinS] arid u::;i.ng !:aid premises, the Tenant will
comply 'diLh t:he bllilcli.ll~: (;OdE~S and ordinances of the city and
county and ;:,11 ',',he la\,'!; of 1:ho st:ate in which tho premises arE:~
1 Dca t ed PIC! l't: a.i II i ng to Sl.' cll "o1:'k and such use or occlIpancy, and in
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such an e'lent, Tenant shall pay and settle all expenses and
liabilities arisin9 out of or .in any way connected with any of
sa id a1 te):-at iOI\S, addJt ion~;, improvements or ma intenanc\~ of the
demised prelll i::;I!S and 'l'enclnt shall keep the premises and (
structun~B t.hel"eOn free <met cl(:!ar from all liens of mechanics or
materialllwll and all l.Len~; of a similar character arisirvJ out of
or grovlinq out. 0 f tJH~ repair, al terations, additions,
improvel11c~nts or maintl~nallCE! of the demised premises.
16 . ~:ECUJUTY AC:HE:]~MENT: Tenant speci fica lly agrees,
upon P>:E'cl1t:ion"'l)l--ETiT;-;-LE~as(~-;-i:o execute such documents as may
tlH~n or fl"orn time-t:o--t:imE' be r(;!quired by Landlord to grant and
per f eeL a seClIl' i ty in te t'E'S t to Landlord in 'I'enant. I s furni ture,
furrdf;h i n9s, illid 1:!C)uipmen t a nd any and all other trade 1'ixtures
or othe.r furni:::hin9~; or Equipmf:mt which may be from tiIOC!-to-time
brollqht into 01 .Lnst.all::ld in the premisE~s, as furth(~r s(!curity
for Tenant's pcrformanc::l herein. Such security inb:!rest: of
Landlord shall be !:iubor,linate t:o any security interest. created by
Tenant. I s .i ni ti,1 1. f inanc i.ng required to purchase 'I'enilnt'~;
collateral, lTildc! fixt~ul-es or furnishin9s.
17. ~;UBOF:DINA'rION: All parties agree that this Lease
shall be subjp(:E~--frl'f:;;;rToi:-and subordinate to the tl:!rms and
concH tions 01' Clny prOl1li:3sory note and mortgage plac(:ld on the
demised premises. Tenant sha.ll execute any and all documents or
modify thi!:; Lp(I:;;E~ a[: 11l3:( rea::wnably be required by LandJord's
l11ortqagee to eI: fectuate th.e provisions of this paragraph or in
order to secure U_nancillg. Landlord's mortgage shall contain a
non- interferE:nce prov isi.on tha twill allow Tenant to peacefully
remain in t.he premises, upon Landlord's default in payment,
provided that Tenclnt J:l:!lilains curcent in its rent and other
o b 1 i Sf a t ion sun c1 e r t 11 e Ll! a s e . .
10. ~)~~~-,-!'R!:!~J:~~)N ~LYJml~"ISES: In the event of a partial
d(~strllcti()1l of the premises during the term of this Lease from
any cause, Landlord lIlay elect: to forthwith repair same. If the
damage shall be so exb~I1sive as to render the premises
untenantable, the rent: ~;hall be paid up through the date prior t.o
said damage I th en shall cease llntil said time as the premises
shall be put. in good orcler. If the Landlord shall not elect
withinthit-ty (30) days a ftl:!r SL:ch damage to rebuild or restore
said premises, /)r if repai.rs cannot be made within 120 days of
said destruction, and TE:n.lnt shall not elect to repa ir the
premi ses, then th i s Lea~:e slla 11 terminate. In the event of tota 1
des true tion 0 f the prend SI~S by f ire or other casualty, this Lease
shall cease and the Tenan1: :3hall be liable for rent only until
the time of such destruction. Tenant shall be entitled to
receiv(;! a refulld of any rl~nl: paid by t.he Tenant for the rent
period during Hhich thE! 1naned premises were rendered
unt.enantable, a.nd upon such payment, Landlord shall be relieved
from furtlwr 1 iabi 1 ity h ereuncler.
19. E1HNEN'1' DCMj~nl: In the event the whole (or stich
portion of i:he"-i;-remTs"es- al;-i:enders it commercially unreaGonabl e
for Tenant to continue buniness) of the demised premises is taken
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for publ ic or quasi -puhl ic purposes by. the governmE!nt of the
uni ted statE's, the S 1:a1:e of Florida, the Coun ty of P inellas, or
any governlllE'n t: or pO\Jer whatsoever, or by any corpora t ion under
the riql1t of 8111inent domain, or should the whole of the demised
premises bE! condemned by any court, city, county, state or (
governmental authority or office, department or bureau of any
city, county, state OJ:" oEthe United states, then in any such
event, this Lease shall terminate as of the date title to the
demised premises vests in the condemning authority. For the
purposes hereof, such date of vesting in the condemnor
t:erminatinq tl1 i.s Ll:!ase shall operate as though it were the date
oriqinally int.::!nded by the parties for expiration of the tenancy
creatl:!d h'~reunder, and the rent and other payments reserved
herein !;hdll he ad:iustEd in light of the condemnation so that
Tenant !;llall P;lY n:~nt to Landlord only to the date of vesting in
t.he condelllnor. Excep t~ an otl1erw ise provided, any prepa id or
advance n~ntal paid by Tnnant to Landlord for t:llat part of the
term oxtendin9 beyond thn date on which the title vests in the
condemnor shall be refunded within ]0 days after Landlord has
rece i vod an aWit rd 0 f :j ust: compensation from the condemn i.ng
authority for I:he taking of the demised premises, provided Tenant
shall hav(~ cluly performeCl all the covenants and conditions of
this Leas(~ by it to be performed.
In the event that only a portion of the demised
premises is taLen a!; specified above which does not render it
commercia 111' unreasonable 'for 'l'enant to continue its business,
this LeaSE! shall terminate as to the part taken, and the rent
reserved hen!:irl shall be adj usted for the remainder of the
demised premisE'S so that Tenant shall be required to pay for the
balance or the term the t:'ortion of the rent reserved herein which
the value of the portion of the demised premises remali_ning after
condemnation bears to the value of the demised premises
immediately pr.ior t:ol:he date of condemnation.
I n the eVE!llt 0 E any condemnation or taking as
herei nbe fore 1>10'1 idee!, '..;hether whole or part ia I, the 'l'enant
shall not. be en ti tled t,) any part of the award, as damages or
otherw i se, for such cond.emnation and Landlord is to recE~i ve the
full amount of such awacd, 1.:he Tenant hereby expressly waiving
any right or c1 a 111\ to any part thereof.
20. P!~~CEG: ~andlord represents that it dealt with no
broker or brokers and T.:!nant. n~presents that it deal t wi th no
brok(~r or broke r5, in <;onnection with the negotia tion, execut ion
and deliv(~ry of t:llis Leilse. Tenant represents and .....arrants that
then~ are no clall11s of brokerafje commissions or finder I s fee in
connection .,.lith 1.:lle e}u:!cution of this Lease and 'Tenant agrees to
indemnify Landlord from all costs or fees by an individual or
enti t:y claimi n9 by and 1:hrou9h the Buyer. Landlord agrees to pay
the brokeraqe commission to Bald broker or brokers pursuant to a
separate aqreel1lent: beth'(~en Landlord and said broker or brokers
and ~;hall def end, indE!Inni f1' and hold harmless Tenant: from and
aqainst any claim~; or dOJn3nds for brokerage commissions and
finder I s fE~E!S.
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21. HADON GAS: Hadon is a naturally occurrinq
radioactive ga~;-th,\t;--whon it has accumulated in a building in
sufficient quantities, may present health risk to persons Hhotare
exposed to it over time. Level~; of radon that exceed Federall' ancI
state Guidelinl~s have })elm found in buildings in Florida.
Additional information rogarding radon and radon testin9 may be
obta .irH~d :from your coun ty publ ic health unit.
;~2. (;ENERAL: This Lease is executed in duplicate, both
copies of \Vh icii-arE!-iden1:ical, and either one of which is to be
deemed to lH~ complete in it:self and may be introduced in
evidence or uspcl for any purpose without the production of the
other copy. Tile headi ng~: throughout this Lease are for
conVeni(ll1Ce of referl~nce ollly, and shall in no \-Jay be h,~ld or
deemed t:o deLine, limit, dElscribe, explain, modify or add to the
interprE!ta tion, construction, or meaning of any provision of this
Lease. The lin/s of the ~;tate of Florida shall govern the
interprEd:ation, validity, performance and enforcement of this
LeaSE~. The bene fit.::; and obl igat ions of the covenants herein
shall inure to and bind thE~ respective heirs, personal
represE!ntative~;, SUCC(~SS(lrs and assigns (where assignment is
permitted) of parties hel"eto. Whenever used, singular number
shall includ(~ plural, tl1e plural the singular, and use of any
gender shall .include all genders. Time is of the essence of this
agreement. Any t inw pe r j ad prov ided for here in wh ich sha 11 end
on a Saturday I Sunday or legal holiday shall extend to ~j: 00 p. m.
of the next fu:J 1 bll~:iness day.
:I N \Urnm::;s ~lIlE:~EOF, the parties have set their hands and
seal::; on the da te state':} below.
HI'l'NESSES:
~."l"",1'_:_~~c;\ C~~ 4,[J,)~~_
<-) t
~1 // 6./
, /7 __ f-~ -:2-- ----
V~------ ---------- --
_AL'~ t!._-.fi ~
William c. Kravas ~
.
As to Landlord
Date Executed by Landlord:
IILandlord"
D1!:>/o Cs, /11
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WITHESSES:
~~~~~~ E -=_:_k~~:\~~~jb~~
,~
.~.-d~.h~=::==:~
As to Tenant
Date Executed by Tenant::
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DANTER CORPORATION, d/b/a
THE HAPPY BALLOON COMPANY,
and FLO RS BY FLOW RS,
unincor: )rated
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"Tenant"
fo./ ~- if
PERSONAL GUARANTY
In considerat~ion of the letting of the premises at
626 and 626-8 Cleveland street, Clearwater, Florida, by Landlord
to Tenant the undersi9ned, being th sole shareholder of Tenant
hereby 9uarantees full and faithful Jerformanc by Tenant of the
terms, covenants and conditions of he fo e 0 g Lease.
( ~
krav.c2.h/9629
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Pay the amount above the month you
are paying for this is the total
discounted (net) amount due.
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PARCEL NO: 16/29/15/32292/019/0040 :IJ
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983~3
BOX 1729, CLEARWATER, FL 34617
O. SANFORD JASPER, TAX COLLECTOR
CWD
D VAL ES
394,500 MILLAGE: 23.1541
o
394,500
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I- S/A: 616 CLEVELAND ST
sPLAT OH1 PAGE 052
GOULD & EWING1 S 2ND ADD
z BLK 19, LOTS 4,5,6,7,8,9
0: AND 1 0
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KRAVAS, WILLIAM C.
APT 609
100 OAKMONT LN
CLEARWATER FL
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34616-1928
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000000000 000913429 09 0618223 0
>- MILLAGE: 23.1541
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PLEASE DETACH AND KEEP FOR YOUR RECORDS AD VALOREM TAXES SEE REVERSE SIDE FOR INSTRUCTIONS
1992 REAL ESTATE TAX NOTICE/RECEIPT FOR PINELLAS COUNTY RE 61822-3
8,768.92 8,860.26 8,951.60 9,042.95 9,134.29 9,411.57
NOVEMBER DECEMBER JANUARY FEBRUARY MARCH * APRIL
~:olj~~~~~~WS ASSESSED VALUES TAXING AUTHORITY MILLAGE RATE TAXES LEVIED
TAXABLE 394,500 COUNTY-AGGREGATE 6.2670 2,472.32
EXEMPTED 0 SCHOOL-STATE LAW 6.4900 2,560.31
ASSESSED 394,500 SCHOOL-LOCAL BD. 2.5100 990.20 -l
CITY 5.1158 2,018.18 )>
SW FLA WTR MGMT. .3220 127.03 x
PINELLAS ANCLOTE .2040 80.48 ~
PIN.CO.PLN.CNCL. .0286 11.28 -<
JUV. WELFARE BD. .6274 247.51 m
SUNCST. TR.AUTH. .5893 232.48 :IJ
CLWTR. DTN. DV . BD. 1 .0000 394.50 0
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PARCEL: 16/29/15/32292/019/0040
S/A: 616 CLEVELAND ST
0:
u.J KRAVAS, WILLIAM C.
>- APT 609
~ 100 OAKMONT LN
x CLEARWATER FL
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34616-1928
*INCLUDES $ 3.25 ADV. COST
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LEVYING AUTHORITY
NON-AD VALOREM ASSESSMENTS
RATE
AMOUNT
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THIS PART MUST a, RETURNED TO TAX COLLEqrOR WITH PAYMENT -
DETACH HERE
DETACH HERE
DETACH HERE
RETAIN THIS PART FOR YOUR RECORDS
RETAIN THIS PART FOR YOUR RECORDS
IMPORTANT INSTRUCTIONS AND INFORMATION PLEASE READ
If you have sold the property assessed to you, PLEASE FORWARD THE NOTICE TO THE NEW OWNERS OR
RETURN TO SENDER.
Please verify description of property. If any errors are found on this notice, Notify the County PROPERTY
APPRAISER as soon as possible. This Notice covers taxes for the calendar year as described hereon.
Please mail or bring this Notice with your remittance, and PLEASE DO NOT STAPLE, FOLD, OR WRITE on same.
The Law provides the following schedule of discounts which have been computed for you:
4% if paid in November 2% if paid in January
3% if paid in December 1 % in paid in February
IF PAID BY MAIL, DISCOUNTS ARE DETERMINED BY POSTMARK.
Taxes are due November 1 and become delinquent April 1 , at which time the law imposes the following:
AD VALOREM TAXES AND NON-AD VALOREM ASSESSMENTS - 3% of March amount plus
advertising _
PERSONAL PROPERTY - 1-1/2% per month plus advertising and fees
THE AMOUNT OF INTEREST IS DETERMINED WHEN PAYMENT IS RECEIVED.
Tax Sale Certificates will be sold on all unpaid Real Estate and Non-Ad Valorem Assessment items on or about June
1 st. Tax Warrants will be issued on all unpaid Personal Property taxes pursuant to Chapter 197, F.S.
This "Tax Notice" becomes a receipt only when validated by the collector's office and the actual transfer of funds
is completed. Please detach and return the UPPER PART with your payment.
Checks Credited Subject to Payment
YOUR CANCELED CHECK WILL SERVE AS YOUR RECEIPT
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CITY OF CLEARWATER
Interdepartmental Correspondence Sheet
TO:
Cynthia E. Goudeau, City Clerk
M. A. Galbraith, Jr., City Attorney ~
City's purchase of Kravas property at
616 thru 626B Cleveland street
FROM:
RE:
DATE:
December 23, 1992
This property purchase was completed on September 30, 1992, and
enclosed are the following documents:
Contract for Purchase and Sale with Addendum and
Second Addendum
Original warranty deed
Title Commitment #814-863338 issued by Commonwealth Land
Title Insurance Company
Title Policy #165-099507 issued by Commonwealth
Assignment of Leases
1992 Tax Notice
Booklet containing settlement documents including original
Settlement Statement
Survey
MAG: jmp
Enclosures
Copy to:
Daniel J. Deignan, Finance Director wjcopy of settlement statement
llECEIVED
DEe 2 8 1992
C/l't
~ DEPr. '