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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 - --~. ---~: ~ I I ," 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. I (Conditions and Stipulat~ons Qont~nued and CfCluded on Last Page of This Policy) -- '. _ 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. - 1- II TICOR TITLE IN5URANa I 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. 1 - 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 2 - . TICOR TITLE INfiURANa I 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. 3 - TO 2797 FL (6-"161 I I . 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 ~..--- (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. \ F~'~'lf'i.'.' - . .1 \~(~~i~-;1992 \ en "'----....."..... l. ~_, .; '; . ,'. I I. <4 (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 . \. I 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. ,.., . 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. - 1- . 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