TICOR TITLE COMPANY
1
{I TICOR TITlE
INSURANCE
,
3830 TAMPA ROAD, SUITE 300
PALM HARBOR, FL 34684
,
Transmittal
Dear Customer:
Closing
Statement
In connection with your transaction (our file
the oocuments as indicated to the right.
2827C
), we are enclosing
Deed
original
Whenever it becomes desirable or necessary that you enter into another transaction of this
property, or on any other property, consultation with one of our several offices will save you
time, trouble, and worry. Our services are always available at a cost as low as possible
consistent with sound business practices.
Mortgage
34618-4748
REcetVED
DEe 2 3 1991
C\TY ATTORNEY
Title
Policy
Copy of US Bankruptcy
Other: DUl..ullu"uLb
Very truly yours,
Court
City of Clearwater
M.A. Galbraith, Jr.
P.O. Box 4748
Clearwater, Florida
Ticor Title Insurance
Date/Initial
December 18, 1991 jmb
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fPTICOR TITle
liP INSURANce
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, TICOR TITLE INSURANCE COMPANY (a Stock
Company), a California 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 costs, 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.
This policy shall not be valid or binding until countersigned below by a validating signatory of the Company.
TICOR TITLE INSURANCE COMPANY
By
President
Attest
Secretary
Countersigned:
'# 1:1
~CIULwJ
Validating Signatory
TO 168911-851 American land Title Association Owner's Policy-Form A-1970 (amended 10-17-70)
CAT. NO. NN00482 _
.. /,J) ,
Schedule of Exclusions from Coverage
The following matters are expressly excluded from the coverage of this policy:
1. 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 reduction in the
dimensions or area of the land, or the effect of any violation of any such law, ordinance or governmental regulation.
2. Rights of eminent domain or governmental rights of police power 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 priorto 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; or (e) resulting in loss or damage
which would not have been sustained if the insured claimant had paid value for the estate or interest insured by this policy.
4. The refusal of any person to purchase, lease or lend money on the estate or interest covered hereby in the land described in
Schedule A.
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 in-
sured by operation of law as distinguished from purchase includ-
ing, 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 knowl-
edge or notice 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 specif-
ically 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 con-
structive 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 o. Actions - Notice 'of Claim to
be Given by an Insured Claimant
(a) ~he Company, at its own cost and without undue delay, shall
provide for the defense of an insured in all litigation consisting of
actions or proceedings commenced against such insured 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 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. If such
prompt notice shall not be given to 1:heCo mpa ny, then asto 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 orto
do any other act which in its opinion may be necessary or desir-
able 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 orwaive any provision of this policy.
(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 Com-
pany 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
incu rred.
4. Notice of Loss - Limitation of Action
In addition to the notice required under paragraph 3 (b) of these
Conditions 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 Payor 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 here-
under by paying or tendering payment of the amount of insurance
under this policy together with any costs, attorneys' fees and
expenses incurred up to the time of such payment or tender of
payment, by the insured claimant and authorized by the
Company.
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(Conditions and Stipulat~ons Qont~nued and CfCluded on Last Page of This Policy)
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_ TICOR TITLE IN5URANQ I
TO 1446 (4-83) American Land Title Association OWners
Policy .. 1970
SCHEDULE A
policy No.
2827C
Date of Policy:
DECEMBER 11, 1991 at 4:50 P.M.
Amount of Insurance:
$1,900,000.00
1. Name of Insured:
Corrmuni ty Redevelopment Agency of the City of Clearwater, a public body
corporate and politic
2. Title to the estate or interest covered by this policy at the date hereof
is vested in the insured.
3. The estate or interest in tl1e land descriQed or referred to in this
Schedule covered by tl1ispolicy is Fee Simple.
4. The land referred to in this policy is located in the County of Pinellas
State of Florida and described as follows:
CONTINUED ON SCHEDUL1!:A..4 A1I'TACUD HERETO AND MADE A PART HEREOF.
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II TICOR TITLE IN5URANa
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SCHEDULE A-4 CONTINUED
NO. 2827C
PARCEL 1:
Lot 3, less the East 15 feet thereof, and all of Lots 4 and 5, EDWARD MILL'S
SUBDIVISION, according to plat thereof recorded in Plat Book 9, page 36, public
records of Pine11as County, Florida.
-AND-
PARCEL 2:
Lots 1, I-A and 2, ROMPON'S & BASKIN'S CORRECTED MAP OF CAUSEWAY BUSINESS DISTRICT,
according to plat thereof recorded in Plat Book 57, pages 1 and 2, public records of
Pine1las County, Florida, less that part of Lot 2 described in O. R. Book 927, page
9 and Also Less that part of Lots 1 and I-A described in o. R. Book 1081, page 594
and Also Less that part of Lot 2, lying within Cleveland Street and Drew Street,
said Parcel 2 being furtherd.l!3<Jr~bEad as follOWS:
Beginning at the Northeast corner. of Lot 1 of said ROMPON'S & BASKIN'S CORRECTED MAP
OF CAUSEWAY BUSINESS DISTRICT fora Point of Beginning; run thence South 1026'17"
East along the East line of said Lot 1, 111.92 feet to the Southeast corner of said
Lot 1; thence North 89058'26" west along the South line of said Lot 1, 185.0 feet;
thence South 1026'17" East, a10ngtbe. East line of said Lot I-A, 112.46 feet to the
Southeast corner of said Lot I-A; thence North 89058' 26" West, along the South line
of said Lot I-A, 381.62 feet; thence along the arc ofa curve to the right, whose
arc is 163.79 feet; whose radiusJs679.20 feet; andwbose chord is North 83003'55"
West, 163.40 feet; thence South 4049'48" East along Easterly line of Lot 2, 19.72
feet; thence North 89058'26" West along the South line of Lot 2, 32.0 feet; thence
North 4049'48" West, 218.16 feet; thence South 89058'26" East, along the North line
of Lot 1, and said line extended,. 561.08 feet; thence North 88007' 14" East, 210.85
feet to the Point of Beginning. Less that part of said Lot 2 lying within Cleveland
Street and Drew Street.
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II TlCOR TITLE INSURANa I
TO 1532 B (8-84) American Land Title Association OWners
Policy - 1970
SCHEDULE B
No. 2827C
This policy does not insure against loss or damage by reason of the following:
STANDARD EXCEPTIONS:
(a) Rights or claims of parties in possession not shown by the public records.
(b) Easements, or claims of easements, not shown by the public records.
(c) Encroachments, overlaps, boundary line disputes, or other matters which
would be disclosed by an accurate surveyor inspection of the premises.
(d) Any lien, or right to a Uenl'for services, labor, or material heretofore
or hereafter furnished.,impo~by lawand not. shown by the public
records.
(e) Any adverse claim to any portion of said land which has been created by
artificial means or has accr~ted to any such portion so created and
riparian rights, if any.
NOTE: Standard Exception(s) (a) thru (e) is/are hereby deleted.
SPECIAL EXCEPl'IONS:
1. Taxes for the year 1992, and subsequent thereto.
2. Florida Power Corporation easement recorded in o. R. Book 936, page 149, Pine11as
County records.
3. Restrictions as shown at plat by Plat Book 20, page(s) 7, Pine1las County records,
as follows--
No building under two stories high or its equivalent in height, shall ever be
erected on this property, 2nd story to cover not less than 50% of 1st floor area.
No residences, other than apartments and hotels shall ever be erected on this
property .
4. SAVING AND RESERVING unto the said Trustees of the Internal Improvement Fund of the
State of Florida, and their successors, title to an undivided three-fourths of all
phosphate, minerals and metals, and title to an undivided one-half of all petroleum
that may be in, on or under the above described land, with the privilege to mine
and develop the same, as recorded in Deed Book 403, page 309 and Deed Book 448,
CONTINUED
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. TICOR TITLE INfiURANa
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SCHEDULE B , CONTINUED
No. 2827C
page 527, as modified by Deed Book 15132, page 511, pinellas County records.
5. Reservation of easement for State Road right-of-way as contained in Deed Book 9713,
page 251, pine11as County records.
6. Any adverse claim to any portion of said land which has been created by artificial
means or has accreted to any such portion so created.
7. The following matters as shown by survey of Post, Buckley, Schuh & Jernigan, Inc.,
dated DECEMBER 2, 1991, last revised DECEMBER 6, 1991--(a) building located within
Florida Power Corporation easement recorded in o. R. Book 936, page 149; (b)
building located within State Road Reservation easement recorded in Deed Book 9713,
page 251; (c) 3 sanitary manholes and 1 storm manhole located within Florida Power
Corporation easement recorded in o. R. Book 936, page 149; (d) Surveyor's Notes
State: "No effort was made to locate the underground foundation of the building
shown hereon"; (e) planters encr~cJ;Lo~r. Ea$t property line to the greatest extent
of 1.4 feet; over North property line to the gr~tE!-stE!-xtent of 13.4 of a foot and
over South property line totbee~tent of 9.4 ofa foot. into adjacent land; (f)
concrete overhang encroache~overNOrth property line intoaciijacent land to the
greatest extent of 1. 13 feet; (g) canva$ canopy encroaChes over North property line
into adjacent land to the greatest extent of 11.1 feet; (h) air vents covered by
grates which appear to be attached < to the building encroach over North property
line, no extent given; (i) ~... distance over North (part) property line is 561.138
feet, whereas calculated dis~els 561.15 feet; (j) deed distance over West
property line is 218.16 feet,iwl:1erea~ calc1ated distance is 218.137 feet; (k) curb
continues over west property l,ineinto adjacent land, no extent given; (1) adjacent
portion of Cleveland Street T;W signal switch, signal post, traffic sign, concrete
walk and concrete curb encroach over Southwest portion of property and all are also
within ingress/egress easementr~~rded in o. R. Book 927, page 9; (rn) less out for
part of Lot 2 lying withinC1evela~Street and Drew Street not depicted on plat of
survey.
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TO 2797 FL (6-"161
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TO CONVERT AL TA FORM A POLICY TO AL TA FORM B POLICY
No. 1
ENDORSEMENT
ISSUED BY
Ticor Title Insurance Company
Attached to and forming a part of Policy of Title Insurance No, 2827C
Agent's File No.:
The following is added to the list of policy coverages contained on the first page of the above numbered
policy:
4. Unmarketability of such title.
Item No.4 of the Exclusions From Coverage is deleted.
The purpose of this endorsement is to expand the coverage given so that the policy will provide
coverage identical to that provided by the American land Title Association Form B-1970 (amended
10/17/70 and 10/17/84).
Nothing herein contained shall be construed as extending or changing the effective date of said policy,
unless otherwise expressly stated.
This Endorsement shall not be valid or binding unless countersigned by either a duly authorized agent
or representative of the Company, and when so countersigned it is made a part of said Policy, and is
subject to the schedules, conditions and stipulations therein, except as modified by the provisions
hereof.
IN WITNESS WHEREOF, the Company has caused its corporate seal to be hereunto affixed and
these presents to be signed in facsimile under authority of its By-laws.
Dated this 11th
day of
December
, 19..2.L..
TICOR TITLE INSURANCE COMPANY
B:O~JJJ1I~d
idating Signatory
By
fa.~K
~~
President
Attest
Secretary
Principal Office: 6300 Wilshire Boulevard, P. O. Box 92792, Los Angeles, California 90009
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(Conditions and StiP}llatiOI)~ c.ontinued and clCluded from Reverse Side of Policy Face)
,
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
(iil 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, attor-
neys' 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
conditions of this policy, the loss or damage shall be payable
within 30 days thereafter.
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 estab-
lishes 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 in-
sured, as provided by 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 in 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 produc-
ing 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 estab-
lished affecting one or more of said parcels but not all, the loss
shall be computed and settled on a pro rata basis as if the amount
of insurance under this policy was divided pro rata as to the value
on Date of Policy of each separate parcel to the whole, exclusive
of any improvements made subsequent to Date of Policy, unless
a liability or value has otherwise been agreed upon as to each
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 entitled 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 such insured claimant shall transferto 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 :nstrument 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 amendment 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 include the
number of this policy and shall be addressed to its Principal
Office, Claims Department, 6300 Wilshire Boulevard, P.O. Box
92792, Los Angeles, California 90009.
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(tp TICOR TITle
='"' INSURANce
Commitment for Title Insurance
TICOR TITLE INSURANCE COMPANY, (a stock company), a California 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 all liability and obligations
hereunder shall cease and terminate one hundred eighty (180) days after the effective date hereof or when the policy or
policies committed for shall issue, whichever first occurs, provided that the failure to issue such policy or policies is not the
fault of the Company,
This Commitment shall not be valid or binding until countersigned below by a validating signatory of the Company,
TICOR TITLE INSURANCE COMPANY
By
President
Attest
Secretary
Countersigned:
By &4 ~ i/~
Validating Signatory
COPYRIGHT, 1966 - AMERICAN LAND TITLE ASSOCIATION
TO 1423 (12-891 American Land Title Association Commitment -1966
CAT. NO. NN00324
Conditions and Stipulations
1. The term mortgage, when used herein, shall include
deed of trust, trust deed, or other security instrument.
2, If the proposed Insured has or acquires actual knowl-
edge of any detect, 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, ad-
verse 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 fromliabil-
ity previously incurred pursuant to Paragraph 3 of these
Conditions and Stipulations.
3. Liability of the Company under this Commitment shall
. \.
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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 elimi-
nate exceptions shown in Schedule B, or (c) to acquire or
create the estate or interest or mortgage thereon covered
by this Commitment. In no event shall such liability exceed
the amount stated in Schedule A for the policy or policies
committed for and such liability is subject to the insuring
provisions, the Conditions and Stipulations, and the Exclu-
sions 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 pro-
posed Insured may have or may bring against the Com-
pany arising out of the status of the title to the estate or
interest or the status of the mortgage thereon covered by
this Commitment must be based on and are subject to the
provisions of this Commitment.
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. TICOR TITLE INtiURANa . I.
TO 1424 (1-84) American Land Title Association Commitment
for Title Insurance -1966
(DUPLICATE)
SCHEDULE A
Ccmnitment No.
2827C
Effective Date of Commitment:
~
Your No.:
5872-630007
Prepared For:
Inquiries Should be Directed to: Ticor Title Insurance Company
6"0 -1st Avenue ~rth, Suite 204
St. Petersburg, Florida 33701
ATTN: Philip S. Ware
1. Policy or Policies to be issued:
Amount
Proposed Insured:
(a) X ALTA OWners Policy -Form B -1970
(b) ___ ALTA Loan policy 1970
Proposed Insured:
2. The estate or interest intbe land described or referred to in this
Comrni tment and covex:ed. herei;n isa Fee SiIrple.
3. Title to said estate or interest in said land is at the effective date
hereof vested in:
uJ'
4. The land referred to in this Commi tment is located in the County of pine11as
State of Florida and described as follows:
CONTINUED ON SCHEDULE A-4 ATTACHED HERETO AND MADE A PART HEREOF.
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. TICOR TITLE IN,URANCE
I.'
(DUPLICATE)
NO. 2827C
SCHEDULE A-4 CONTINUED
PARCEL 1:
Lot 3, less the East 15 feet thereof, and all of Lots 4 and 5, EDWARD MILL'S
SUBDIVISION, according to plat thereof recorded in Plat Book 9, page 36, public
records of Pine11as County, Florida.
-AND-
PARCEL 2:
Lots 1, I-A and 2, ROMPON'S & BASKIN'S CORRECTED MAP OF CAUSEWAY BUSINESS DISTRICT,
according to plat thereof recorded in Plat Book 57, pages 1 and 2, public records of
Pinel1as County, Florida, less that part of Lot 2 described in o. R. Book 927, page
9 and Also Less that part of Lots 1 and I-A described in o. R. Book 1081, page 594
and Also Less that part of Lot2,ly~ng within Cleveland Street and Drew Street,
said Parcel 2 being further d!~ibed as follows:
Beginning at the Northeast cornet of Lot 1 of said ROMPON'S & BASKIN'S CORRECTED MAP
OF CAUSEWAY BUSINESS DISTRICT for a Point of Beginning; tun thence South 1026'17"
East along the East line of said<Lot 1, 111.92 feet to the Southeast corner of said
Lot 1; thence North 89058' 26" west along the South line of said Lot 1, 185.0 feet;
thence South 1026' 17." East, along the East line of said Lot I-A, 112.46 feet to the
Southeast corner of said Lot I-A; thence North 89058' 26" West, along the South line
of said Lot I-A, 381.6,2 feet; thence~long the arc of a curve to the right, whose
arc is 163.79 feet; whose radius is 679.29 feet; and whose chord is North 83003'55"
West, 163.40 feet; thence South 4049'48" East along Easterly line of Lot 2, 19.72
feet; thence North 89058' 26" West along the South line of Lot 2, 32.0 feet; thence
North 4049'48" West, 218.16 feet; thence South 89058'26" East, along the North line
of Lot 1, and said line extended,. 561.98 feet; thence North 88007'14" East, 210.85
feet to the Point of Beginning. Less that part of said Lot 2 lying within Cleveland
Street and Drew Street.
1 -
. IICOR rlTl.E INIiURANCE
I
(DUPLICATE)
Cornnitment No.
PART I, SCHEDULE B
2827C
I. The following are the requirements to be complied with:
Instruments necessary to create the estate or interest to be ins
must be properly executed, delivered and duly filed for record.
Deed from Allied Stores General Real Estate Company, a De1a
orporation, successor by merger to C1earmaas Realty Corp.,
c oration, to "Proposed purchaser".
for the file of the Company Certificate from a lorida Registered
in form satisfactory to the Company certifyin that description in
Schedule A-4 hereof is a correct and pro legal description,
copies deed ecorded in o. R. Book 1199, page 171, . R. Book 2181, page
627, o. R. Boo 927, page 9, O. R.BoOk1081, page 9:4 and o. R. Book 1570,
page 301, Pinel! Count yreqords, attached for i ormation.
Supplying the Compan with the name (s) of the p chaser (s) for the purpose
of a general indexs . This Cartnitment is Ubject to any matters
disclosed thereby and the ~y reserves right to make additional
requirements and/or except! as to such terSe
Final Order satist'actorytoCompany roving the proposed sale in
compliance with thet~ of or .. Auth izing Debtors to Implement Certain
Strategies dated APRIL 11, 1991 in as styled: In the Matter of Federated
Department Stores, rnc., and Allied ores Corporation, et aI, United
States Bankruptcy Court, .Southern Di ict of Ohio, western Division,
Consolidated Case No. 1-90-00'130.
Opinion of Counsel for debtor, 0 other c el acceptable to the Company,
that the above order is,.fina non-appea Ie order, entered after proper
notice was giventoall'~rti entitled to otice.
The Company reserves the ri t to impose addit ona1 requirements upon
review of the order and 0 nion letter above.
5. Securing and recording atisfaction of mortgage 0 that certain mortgage in
the original princi~ sum of $2,500,000.00, from 1earmaas Realty Corp., a
Florida corporation 0 John Hancock Mutual Life In urance Company, a
Massachusetts corp' ration, dated JUNE 21, 1961, fi ed JUNE 27, 1961, in o.
R. Book 1199, pa 198; which mortgage was modifi as recorded in o. R.
Book 2256, page 31, pinel!as County records.
Securing and ecording a partial release of mo gage for property described
in Schedule -4 hereof, of that certain mort ge from C1earmaas Realty
Corporatio , a/k/a C1earmaas Realty Cor a Florida corporation to
Ci tibank, .A., dated SEPTEMBER 30 , filed OCTOBER 7, 1987, in o. R.
ok 6597, e 130'0; wh' gage was modified by Modification and
Assignment of Mor gages, to The Prudential Insurance Company of America, A
CONTINUED
- 2-
. TICOR ~ITlE INtiURANCE
I,
(DUPLICATE)
Conmibnent No.
PART I, SCHEDULE B CONTINUED
2827C
Jersey corporation, recorded in o. R. Book 6663, page 535, o. R. Book 6663 page
661 a O. R. Book 6663, page 761i and modified by Modification recorded in . R. Book
6682, pa 822 and o. R. Book 6682, page 1013, and restated Mortgage, Sec ty
Agreement d Assigrnnent of Leases and Rents recorded in o. R. Book 6682 page 1124,
O. R. Book 6 2, page 1195, o. R. Book 6682, page 1339, O. R. Book 668 page 1522, o.
R. Book 6682, e 1674 and o. R. Book 6682, page 1855, and purported assigned by
Allied Mortgage . ancing Corp, to The Prudential Insurance Company f America, by
Assignment record 'n o. R. Book 6716, page 2249, and as modifi as to Restated
Mortgage, Security Ag eement and Assignment of Leases and Rents corded in o. R. Book
6682, page 1124 by ModI ication recorded in o. R. Book 7151, e 716, pinellas County
records.
Securing and recording a par 'a1 release for property desc ibed in Schedule A-4
hereof, of security interest H 1dbyCitibank, N.A., as ent, as shown by Financing
Statement recorded in o. R. B~pi$:n,.page 1355iwhich s.,assigned to The Prudential
Insurance Company of AmeriCC1'-",~ ''ded in o. R. Book 6 63, page 781, pine11as County
records. . .
tydescribed in Schedule A-4
1 Insurance Company of America, as
k 6716, page 2331, pinellas County
Securing and recording a partial re1e
hereof, of secur i ty interest held by
shown by Financing Statanent recorded
records.
Securing and recording a release of Assig nt of Leases, Rents, Reciprocal Easement
Agreements and Operating Easement Agre t between Allied Stores General Real Estate
Company, "Assignor", a(ld The~rudential ,. ns nee Company of America, "Assignee",
recorded FEBRUARY 17, 1988, inO.R. k668, page 1314, pinellas County records.
10. Securing and recording a releaSe of ollatera1 Assignment of Agreements between Allied
Stores General Real Estate ~ . a Delaware orporation, "Assignor", and The
Prudential Insurance c~ny;~f:;,tica, "Assi ",recorded FEBRUARY 17, 1988, in o.
R. Book 6682, page 132',J?ine~;'County record.
11. Securing and recording a part' a1 release for pr perty described in Schedule A-4
hereof, of secur i ty interes held by Ci tibank, .A., as shown by Financing Statement
recorded in O. R. Book 697 , page 2027, pine11 s County records.
12. Securing and recording release of Assigrnnen between Allied Stores General Real
Estate Company, A1-Jor n Realty Corp., Aub dale Realty, Inc., Hampton Bays Plaza,
Inc., Jordan Sericent r, Inc., Saramaas Rea Corp. and Seatt1e-Northgate Company,
collectively "Assig rs", and Citibank, N. ., "Assignee", recorded APRIL 13, 1989, in
o. R. Book 6977, e 2066, Pine11as Coun records.
1 Property Taxes.
13. Payment of 1990
\
\14.
,--
sc1allner from City of Clearwater for that portion
rected Map of CausewayBusiness District, according
Book 57, page 1, lying within the land described in
CONTINUED
3 -
. TICOR TITLE IN$URANCE
~
(DUPLICATE)
Coomitment No.
,
PART I, SCHEDULE B CONTINUED
2827C
arce1 II of Schedule A-4 . Copy Resolution recorded in Book
ge 476, pinel1as C records attach wherein the City of earwater
. See Copies Deeds attach or Requir No.1.
4 -
, ,
. TICOR TITLE INtiURANCE
, "
PART I I, SCHEDULE B
(DUPLICATE)
Comnitment No.
2827C
II.
if
or other matters
'nspection of
land as been
o any such portion
3.
a. Taxes for the year 1990,~nd~equent thereto.
b. Florida Power corpora:~.ionE*l~ement recorded inO. R. Book 936, page 149,
pinellas County reco~~ltcopyattached.
c. Restrictions as shown at plat by Plat Book 20, page(s) 7, Pinellas
County records, as f9J..J;OWS.....
No building undert.w<;)]~lf6tieshi9h or its equivalent in height, shall
ever be erected on this px:operty, 200 story to cover not less than 50%
of 1st floor area. No residences, other than apartments and hotels shall
ever be erected on this property .
d. SAVING AND RESERVING unto the said Trustees of the Internal Improvement
Fund of the state of Florida, and their successors, title to an
undivided three-fourths of all phosphate, minerals and metals, and title
to an undivided one-half of all petroleum that may be in, on or under
the above described land, wi th the privilege to mine and develop the
same, as recorded in Deed Book 403, page 309 and Deed Book 448, page
527, as modified by Deed Book 1502, page 511, pinellas County records.
e. Reservation of easement for State Road right-of-way as contained in Deed
Book 970, page 251, pinellas County records, copy attached.
f. Terms, covenants, conditions, and other matters as set forth in Lease
dated NOVEMBER 1, 1965, between Clearmaas Realty Corp., as "Landlord",
CONTINUED
- 5-
. 'ICOR TIT~E INSURANCE
I
(DUPLICATE)
Comnibnent No.
PART II, SCHEDULE B CONTINUED
2827C
and Maas Brothers, Inc., as "Tenant", recorded in o. R. Book 2256, page 504,
and Amended and Restated Indenture of Lease between Allied Stores General Real
Estate Company, "Landlord", and Maas, Inc., "Tenant", recorded in o. R. Book
6716, page 2254, Pine11as County records, copies attached.
- 6-
~ -
~. CAT. NO. NN01036
TO 2352 (7-89)
No. 2
Clearmaas Realty Corp/
City of Clearwater
Your No. 5872-630007
I
I
ENDORSEMENT
ISSUED BY
Ticor Title Insurance Company
Commitment
Attached to and forming a part of ~of Title Insurance No. 2827C
SCHEDULE A IS AMENDED AS FOLLCMS: i 2. _ q v q J ~
The Effective Date of Comnitrnent is ~
Item 1 (a) Proposed Insured: Cornnunity Redevelopment Agency of the City of
Clearwater, a public body corporate and politic
~
SCHEDULE B-I IS AMENDED AS FOLLCMS:
- - CONTINUED - -
Commitment
The total liability of the Company under said ~ and any endorsement therein shall not exceed, in the
aggregate, the face amount of said IImto.vc and costs which the Company is obligated to pay under the
Conditions and Stipulations. Commitment
Commitment
Nothing herein contained shall be construed as extending or changing the effective date of said ~
unless otherwise expressly stated.
Commitment
This endorsement, when countersigned below by a validating signatory, is made apart of said ~
and is subject to the Exclusions from Coverage, schedules, conditions and stipulations therein, except
as modified by the provisions hereof.
IN WITNESS WHEREOF I the Company has caused its corporate name and seal to be hereunto affixed
by its duly authorized officers.
Dated: December 5, 1991
PSW/mmn
TICOR TITLE INSURANCE COMPANY
>"",J:!',it:,'; "
President
By
Countersigned :
Attest
Secretary
By
tJh? A a1.J'cv-L
vJidating Signatory
ENDO 7
Principal Office: 6300 Wilshire Boulevard, P. O. Box 92792, Los Angeles, California 90009
.,
"
0f
CAT. NO. NN00315
TO 1405.1 (1-83)
,..
.~-:::.,.:..
I
ENDOR~MENT NO. 2
(Continued)
:1 I":~..',, "'~In:~,~, ':,:, P~:/I=~
...'. ~', :11 I 1 '. I" : II' I' I if ~(f:l
No.
2827C
Requirement Nos. 4 through 12 inclusive and No. 14 are hereby deleted.
The following are added as Requirement Nos. 15, 16, 17 and 18:
15.
S.
idence satisfactory to
legal enti 0
SCHEDULE B-II IS AMENDED AS FOLLOWS:
The following insuring note is added after Special Exception 3(f):
(f) INSURING NOTE: Upon recording evidence satisfactory to the Company
that said lease has been terminated and the tenant therein is no
longer in possession, the above Special Exception will be deleted.
.:# ~-
. CAT. NO. NN01036
'1:0231)2 (]-89l
i
,
."
No. 1
Clearmaas Realty Corp/
City of Clearwater
Your No. 5872-630007
ENDORSEMENT
ISSUED BY
Ticor Title Insurance Company
Connni tmen t
Attached to and forming a part of~f Title Insurance No. 2827C
SCHEDULE A IS AMENDED AS FOLLCMS:
tern 1 (a) Proposed Insured:
The Effective Date of Commitment
Itern 1 (a) Amount: $1,900,000.00.
SCHEDULE B-I IS AMENDED AS FOLLCMS:
Requirement No. 1 is restated as follows:
- - CONTINUED - -
Connnitment
The total liability of the Company under said~and any endorsement therein shall not exceed, in the
aggregate, the face amount of said ~and costs which the Company is obligated to pay under the
Conditions and Stipulations. Connnitment
Connnitment
Nothing herein contained shall be construed as extending or changing the effective date of saidmm
unless otherwise expressly stated.
Connnitment
This endorsement, when countersigned below by a validating signatory, is made a part of said am
and is subject to the Exclusions from Coverage, schedules, conditions and stipulations therein, except
as modified by the provisions hereof.
IN WITNESS WHEREOF. the Company has caused its corporate name and seal to be hereunto affixed
by its duly authorized officers.
Dated: September 11, 1991
PSW/nnnn
TICOR TITLE INSURANCE COMPANY
,,;-'
;";:,',,,0"'"
By
President
Countersigned :
Attest
Secretary
By ~ t'lA/~
Validating Signatory
i-
ENDO 7
Principal Office: 6300 Wilshire Boulevard, P. O. Box 92792, Los Angeles, California 90009
C . NO. NN00315
;#-1405:1'r!-83)
t
:'1:,-': ~! I~I' : ~ ~1-llr I :lD
:'1:,' .:::L1.I:::.:.~:.I.'I:::'I':'
ENDORS~ENT NO. 1
(Continued)
"
No.
2827C