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DIMMITT CAR LEASING INC (2) Dimmitt Car Leasing, Inc./City of Clearwater real property exchange M. A. Galbraith, Jr.~ City Attorney March 20, 1991 ., '" ~ I MEMO TO FILE: FROM: DATE: I Due to the three-party nature of this transaction, which closed today, it is not self-evident from the closing statements what the City.s costs were. They are summarized as follows: $ $ 30,795.09 Boot (per contract) 100 . 00 1,065.00 100.00 472 . 00 (100 . 00 ) (99.00) 15.00 22.10 15.55 924.00 306.35 Title search, tract to Dimmitt Title insurance, tract to Dimmitt Title search, tract to Tagarelli Title insurance, tract to Tagarelli Credit for title search, Tagarelli tract1 Credit for title ins., Tagarelli tract Recording fee, deed Recording fee, easement!2 Recording fee, easement Doc. stamps, deed to Dimmitt Doc. stamps, deed to Tagarelli $ 2.821.00 Total costs $ 33,616.09 Total, boot plus costs At the closing, the City delivered three checks, as follows: $ 32,936.74 43.00 636.35 33,616.09 To Stewart Title of Clearwater To Stewart Title of Clearwater To Dimmitt Car Leasing Total lA title policy for both tracts would have cost $100.00 for a title search and $1,438.00 for the insurance premium, or $1,538.00, if both tracts had been conveyed to Dimmitt in one deed as originally comtemplated. The City was given credit in the amounts shown to bring the net cost to the City down to $1,538.00.- 2Two 2-page easements. Includes doc stamps. 30ne 3-page easement. Includes doc stamps. \/1'-' "I' ,/ . 'JI.NST :I: 91-073:31.." 7' ~. " '.. . Hi R 22 1991 4.47~t'\ ~e~~ ~:. d, hlS instrument was prepared by: D. Scott Douglas, Esquire ~acfarlane, Ferguson, Allison & Kelly P.O. Drawer 2197 Clearwater, FL 34617-2197 n; I PINELLAS COUNTY FLA. OFF.REC.BK 7522 PG 1296 Property Appraiser's Parcel ID # 15-29-15-54450-007-0040 Grantee S.S. No: WARRANTY DEED THIS INDENTURE, (the terms "grantor" and "grantee" shall be construed to include all genders and singular or plural as the context indicates. ) Made this~~ay of March, 1991, Between Dimmitt Car Leasing, Inc., a Florida corporation, grantor, and The City of Clearwater, - F'lorida,wh6se post office address is P.o. Box 4748, Clearwater 34618, of the County of Pinellas, State of Florida, grantee. witnesseth: That said Grantor, for and in consideration of that sum of Ten Dollars ($10.00), and other good and valuable consideration to said grantor in hand paid by said grantee, the receipt whereof is hereby acknowledged, has granted, bargained and sold to the said grantee, and grantee's heirs, successors and assigns forever, the following described land, situate, lying and being in Pinellas County, Florida to wit: See Exhibit "A" Subject to zoning, easements, restrictions, prohibitions and other requirements imposed by governmental authority of record. Subject to taxes for the year 1991 and thereafter. and said grantor does hereby fully warrant the title to said land, and will defend the same against the lawful claims of all persons whomsoever. /J ' l'/I)? D ,'I , ~l \ ) '"t ~ In Witness Whereof, Grantor has hereunto set grantor's hand and seal the day and year first above written. Signed, sealed and delivered in our presence: Dimmitt Car Leasing, Inc. " ",';to;.; ~-_//~- ~."..,. IJ REC~)"'trfs ~EC l- -- .~ 0 )S ( (_ _q. .' J"; r 'n~~ to By: ~\:.- Richard R. Dimmit Vice President Grantor ,~?' ; , ' i'}-" ;'n ~',/ ',--; STATE OF FLORID COUNTY OF PINELLAS .-.~ >- . I HEREBY CERTIFY that on this day before me, an officer duly !llloU70 qualified to take acknowledgments, personally appeared Richard R. ) v I' Dimmi tt, as Vice President of Dimmitt Car Leasing, Inc. to me known to be the person described in and who executed the foregoing instrument and acknowledged before me the execution of same. tJl~ /" WITNESS my hand aJ19. official seal in the County and State last aforesaid this ~day of March, 1991. , .. '-A',' Ie ~."Cj12..P ~~.";r~i~j"r1f:~r~ 1~~', r ,1 "'j -,t~i;J. -.--- $.... ... .... '~" .' ' . ",':; T:;:::'.p,~. , " <'" r"', -_, ",' : - ", I; '.: ;,,~_ '."' _"t. .1 K-l"', ,:- ". j", j,_i':::. ,__': ' '.. -, l , , ,. . '. , ,..; DeputY. a~li!l1 6y......,~"_~,f__.__<),",$__>lI_. ~_ - lr;:;p;/L~ ..lb&~{ No ary Public" My Commission Expires: ~cJcj-9J I .~." c;C-~/ '9g~ J . :/~. /L~.i{ (({ lY ~. . . ":yJ' J" /..1' ..' .f'.... i .~,. I .; i / (;. " 'j; . -"orU:; CL!'<" , ~ ij ,. t tl'::;:~:~/;/ dSd\dcl.wd K'AF'I r"E'N F" I'Et:L AK"E"F" ~LE" ',L" n ~." (:. '. '. .I ,d." n :. \ , .... " 1\... RECORD VERIFIED BY: i , .'r ..... /.;".., C7 / 6' t? 7 " """'. il../,\ , '{ ~ / ,fl , .' , I , F'INELL f1C" ,. . . I.JFF . ;', .~ ~ ~.. d.. CCJUtn '( FL. --J~~:.(,,_.l.~I\ 71'.:".">,') " , A · -'. _______,J ^. 4. F.. (, 1'') (~ .... -_=__.'_ ,.~ 7 / 'EXHIBIT "A" Lots 4 and 5, Lot 6, less the East 15 feet: Lot 11, less the East 15 feet; the East 40 feet of Lot 12; Subject to easement for alley over west 5 feet thereof; all in Block 7 of MAGNOLIA PARK, according to the map or plat thereof as recorded in Plat Book 3, at Page 43 of the Public Records of Pinel1as County, Florida dSd\dimmitt.a " -, .' 23081110 NSB 03-22-91 16;L6:44 01 RECORDING 1 $10.50 DOC STAMPS 2 $1,399.20 "f"'''Tld J; IV /iL. CHECK AMT. TENDERED: CHANGE: '$1 , 409 a 7D $1,409.7G $0.00 (American LanD Title Association Owner's Policy - Form B 1970 - Amended 10-17-84) OWNER'S TITLE INSURANCE POLICY Attorneys' Title Insurance Fund, Inc. ORlANDO, FLORIDA SUBJECT TO THE EXCLUSIONS FROM COVERAGE, TI:IE EXCEPTIONS CONTAINED IN SCHEDULE B AND THE PROVISIONS OF THE CONDITIONS AND STIPULATIONS HEREOF,ATTORNEYS' TITLE INSURANCE FUND, INC., a Florida corporation, herein called The Fund, insures, as of Effective 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 Fund 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, ATTORNEYS' TITLE INSURANCE FUND, INC. has caused this policy to be signed and sealed as of the date of policy shown in Schedule A, the policy to become valid when countersigned by an authorized signatory. Attorneys' Title Insurance Fund, Inc. Charles J. Kovaleski President SERIAL OPM- 441098 FUND FORM OPM/M08-059 /2/89) --' 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 Effective Date of policy in those records in which under state statutes, deeds, mortgages, lis pendens, 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 Effective 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 Fund and not shown by the public records but known to the insured claimant either at Effective 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 Fund 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 Effective 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. . - - . OWNER'S FORM Schedule A . Policy No.: OPM-441098 Effective Date: March 22, 1991 Agent's File Reference: 88-006 Amount of Insurance: $ 254,350.92 1. Name of Insured: 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 7522 , Page 1296 , of the Public Records of Pinellas County, Florida. 3. The land referred to in this policy is described as follows: Lots 4 and 5, Lot 6 and 11, less the East 15 feet; the East 40 feet of Lot 12, all in Block 7 of MAGNOLIA PARK, acoording to the map or plat thereof as recorded in Plat Book 3, at Page 43 of the Public Records of Pine1las County, Florida ISSUED BY Macfarlane, Ferguson, Allison & Kelly 1254 ~ NAME OF AGENT AGENT NO. P.o. Drawer 2197 Clearwater MAILING ADDRESS CITY ZIP Form OPM-SCH. A (Rev. 10/87) 13:DS1020 . FUND OWNER'S FORM e SCHEDULE B Policy or Guarantee No.: OPM-441098 This policy or guarantee does not insure against loss or damage by reason of the following exceptions:. 1. Taxes for the year of the effective date of this policy or guarantee and taxes or special assessments which are not shown as existing liens by the pu blic records. 2. Rights or claims of parties in possession not shown by the public records. 3. Encroachments, oyerlaps, 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. S. 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. Items 2 and 5 are hereby deleted. 6. Matters shown on the survey dated 12/18/90 by C.A. Peterson, Inc., work order No. 1580. ......._"".~.. ~~..~':'-'-".",-..._~~..._....;--"- -....---......,,~.~-------"~ -... . Conditions and Stipulat-'s 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 Fund 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 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 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 oHrust, 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 Effective 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 Fund, 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, 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 Fund 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 Fund 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 Fund, then as to such insured all liability of The Fund 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 Fund shall be prejudiced by such failure and then only to the extent of such prejudice. (c) The Fund 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 Fund 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. (d) Whenever The Fund shall have brought any action or interposed a defense as required or permitted by the provisions of this policy, The Fund 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 Fund to prosecute or provide for the defense of any action or proceeding. the insured hereunder shall secure to The Fund the right to so prosecute or provide defense in such action or proceeding. and all appeals therein, and permit The Fund to use, at its option, the name of such insured for such purpose. Whenever requested by The Fund, such insured shall give The Fund all reasonable aid in any such action or proceeding. in effecting settlement, securing evidence, obtaining wit- nesses, or prosecuting or defending such action or proceeding. and The Fund 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 Conditions and Stipulations, a statement in writing of any loss or damage for which it is claimed The Fund is liable under this policy shall be furnished to The Fund 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 Fund under this policy as to such loss or damage. 5. Options To Payor Otherwise Settle Claims The Fund 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 Fund hereunder 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 Fund. 6. Determination and Payment of Loss (a) The liability of The Fund 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 Fund will pay, in addition to any loss insured against by this policy, all costs imposed upon an insured in litigation carried on by The Fund for such insured, and all costs, attorneys' fees and expenses in litigation carried on by such insured with the written authorization of The Fund. (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 Fund, after having received notice of an alleged defect, lien or encumbrance insured against hereunder, by litigation or otherwise, removes such defect, lien or encum- brance 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 Fund. CONDmONS AND STIPULATIONS (continued on reverse side) CONDmONS AND STIPULATIONS (continued) 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 Fund. 9. Liability Noncumulative It is expressly understood that the amount of insurance under this policy shall be reduced by any amount The Fund 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 Fund 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 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 Effective Date of policy of each separate parcel to the whole, exclusive of any improvements made subsequent to Effective Date of policy, unless a liability or value has otherwise been agreed upon as to each such parcel by The Fund and the insured at the time of the issuance of this policy and shown by an express state- ment herein or by an endorsement attached hereto. 11. Subrogation Upon Payment or Settlement Whenever The Fund shall have settled a claim under this \' policy, all right Of subrogation shall vest in The Fund unaffected by any act of the insured claimant. The Fund shall be subrogated to and be entitled to all rights and remedies which such insured claimant wouldhClv~ had against any person or property in respect to such claim had this policy not been issued, and if requested by The Fund, such insured claimant shall transfe.' to The Fund all rights and remedies against any person or property necessary in order to perfect such right of subrogation and shall permit The Fund 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 Fund shall be subrogated to such rights and remedies in the propor- tion 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 Fund, 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 Fund 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 Fund is the entire policy and contract between the insured and The Fund. 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, or agent of The Fund. 13. Notices, Where Sent All notices required to be given The Fund and any statement in writing required to be furnished The Fund shall be addressed to its principal office at Post Office Box 628600, Orlando, Florida 32862-8600. About your policy. . . This policy provides valuable title protection You should keep it In a safe place where It will be readily available for future reference. There is no recurring premium ~ ""'. 0 =. S'> tD I"l ;:j rp ~~ ~: 0 :;.::l t:j ~ ;;, ~ Q.'D '"tj tl1 0 o U1 =aO z ~ ~ U1 B 0 :!l:-l o C'l ~~~ t-' CJ) - ::l.~ 'T1 n ~ tl1 l' ~ e-rp 0 n~ ""< en 1i~ 2:::l ~ tDtI'J ~E.. ~ ... n rp tl1 <: 5 ~ 0- .p. RJND FORM C (American Land Title Association Commitment - 1966 Rev.) \,~., '1J"',',Y'~; ,I COMMITMENT Attorneys' Title Insurance Fund, Inc. ORlANDO, FLORIDA Commitment To Insure Title ATTORNEYS' TITLE INSURANCE FUND, INC., a Florida corporation, herein called The Fund, 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; 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 Fund, either at the time of the issuance of this Commitment or by subsequent endorsement. This Commitment is preliminary to the issuance of such policy or policies of title insurance and all liability and obligations hereunder shall cease and terminate six months after the effective date hereof or when the policy or policies committed for shall issue, whichever first occurs, provided that the failure to issue such policy or policies is not the fault of The Fund. In Witness Whereof, ATTORNEYS' TITLE INSURANCE FUND, INC. has caused this Commit- ment to be signed and sealed as of the effective date of Commitment shown in Schedule A, the Commitment to become valid when countersigned by an authorized signatory. Attorneys' Title Insurance Fund, Inc. Charles J. Kovaleski President SERIAL c- 1385280 -- I FUND COMMITMENT FORM I .. Commitment NO'C-1385280 Effective Date: SCHEDULE A ~ ~'JI''i1 ,. b 12 199!gent s fIle Reference:88 006 De.c~I11 e~ , - at 8:00 a.m. I. Policy or Policies or Guarantee to be issued: Proposed Amount of Insurance OWNER'S: OPM $ 254,350.92 Proposed Insured: City of Clearwater MORTGAGEE: $ Proposed Insured: 2. The estate or interest in the land described or referred to in this commitment is a fee simple (if other, specify same) and title thereto is at the effective date hereof vested in: Dimmitt Car Leasing, Inc., a Florida corporation 3. The land referred to in this commitment is described as follows: Lots 4 and 5, Lots6 and 11, less the East 15 feet; the East 40 feet of Lot 12, all in Block 7 of MAGNOLIA PARK, according to the map or plat thereof as recorded in Plat Book 3, at Page 43 of the Public Records of Pinellas County, Florida ISSUED BY Macfarlane, Ferguson, Allison & Kelly 1254 (Attorney or Firm of Attorneysl AGENT NO. P.O. Drawer 2197 (Mailing Address) Clearwater (City) F loriela 34617-2197 (Zip) FUND Form C-SCH. A (M08-023) I FUND COMMITMENT FORM I SCHEDULE B Commitment No.: C-1385280 I. The following are the requirements to be complied with: I. Payment of the full consideration to, or for the account of, the grantors or mortgagors. 2. Instruments creating the estate or interest to be insured which must be executed, delivered and filed for record: A. Warranty Deed from Dimmitt Car Leasing, Inc., a Florida corporation to the City of Clearwater 3. Proof of proper incorporation and current status of Dimmitt Car Leasing, Inc., satisfactory to company. [I; Schedule B of the policy or policies or guarantee to be issued will contain exceptions to the following matters unless the same are disposed of to the satisfaction of The Fund: l. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subscquent to the effective datc hereof but prior to the date the proposed Insured acquires for value of record the estate or interest or mortgage thereon covered by this commitment. .., Any owner policy or owner guarantee issued pursuant hereto will contain under Schedule B the standard exceptions set forth at thc inside cover hereof. Any mortgagee policy will contain under ScheduleB the standard exceptions unless an affidavit of possession and a satisfactory current survey are submitted, an inspection of the premises is made, it is determined the current year's taxes or special assessments have been paid, and it is determined there is nothing of record which would give rise to mechanics' liens which could take priority elVer the mortgage (where the liens would otherwise take priority, submission of waivers is necessary). ~.~ ~.~. TaU€:3 fOL Lh~ year 1990 are now au~ ....I.a ~ay""nl Q_ No further encumbrances of record. FUND Form C-SCH. B (MOB-022) _-...-.-..--..........;..,' "'--....,.. .;'~'" ...,,- I Standard Exceptions I The owner policy will be subject to the mortgage, if any, noted under item two of Section I of Schedule B hereof. All policies will be subject to the following exceptions: (1) taxes for the year of the effective date of this Commitment and taxes or special assessments which are not shown as existing liens by the public records; (2) righ.ts 0. dahll:> vf paIli~:> ill pv:>:>~:>SlOl, not shovH' by 11,~ 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 lit:." ur right to a lien, fur :>~IViL~:>, labor, 6f material heretotere or hereafter fu'7:~~~::~ b~';,~':9" by thepubhe recm~ ~.~~ ~ ~ C do 0 d S ~ul~ ~118/~o ~ c.. 6'\. ()~( ~. on Ibons an tipulaliOns ~ tJ.....{ .j) 1. The term "mortgage," when used herein, shall include deed of trust, trust deed, or other security instrument. 2. If the proposed Insured has or acquires actual knowledge of any defect, lien, encumbrance, adverse claim or other matter affecting the estate or interest or mortgage thereon covered by this Commitment other than those shown in Schedule B hereof, and shall fail to disclose such knowledge to The Fund inwriting. The Fund shall be relieved from liability for any loss or damage resulting from any act of reliance hereon to the extent The Fund is prejudiced by failure to so disclose such knowledge. If the proposed Insured shall disclose such knowledge to The Fund, or if The Fund otherwise acquires actual knowledge of any such defect, lien, encumbrance, adverse claim or other matter, The Fund at its option may amend Schedule B of this Commitment accordingly, but such amendment shall not relieve The Fund from liability previously incurred pursuant to paragraph 3 of these Conditions and Stipulations. 3. Liability of The Fund under this Commitment shall be only to the named proposed Insured and such parties included under the definition of Insured in the form of policy or policies committed for and only for actual loss incurred in reliance hereon in undertaking in good faith (a) to comply with the requirements hereof, or (b) to eliminate exceptions shown in Schedule B, or (c) to acquire or create the estate or interest or mortgage thereon covered by this Commitment. In no event shall such liability exceed the amount stated in Schedule A for the policy or policies committed for and such liability is subject to the insuring provisions, the Exclusions from Coverage and the Conditions and Stipulations of the form of policy or policies committed for in favor of the proposed Insured which are hereby incorporated by reference and are made a part of this Commitment except as expressly modified herein. 4. Any action or actions or rights of action that the proposed Insured may have or may bring against The Fund 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. COMMITMENT to INSURE TITLE , Attorneys' Title Insurance Fund, Inc. ORLANDO, FLORIDA Offices at 5955 T.G. Lee Boulevard Orlando, Florida 32822 ,.e .. ) t CITY OF CLEARWATER Interdepartment Correspondence Sheet TO: Cynthia E. Goudeau, City Clerk 17 M. A. Galbraith, Jr., City Attorney~ FROM: RE: Exchange of property - Dimmitt Car Leasing, Inc. DATE: March 29, 1991 The subject exchange of property was completed on March 20, 1991, and enclosed are the following documents: Settlement Statements Copy of memorandum to Dimmitt file summarizing the closing statements Title Commitment # C-1385280 issued by Attorney's Title Insurance Co. Title Commitment # C-9912-717704 issued by Stewart Title Guaranty Company Warranty Deed from Dimmitt Car Leasing, Inc., to City of Clearwater dated March 20, 1991 Copy of Warranty Deed from City of Clearwater to Dimmitt Car Leasing, Inc. dated March 20, 1991 Copy of Warranty Deed from City of Clearwater to Michael Tagarelli Construction, Inc. dated March 20, 1991 Indemnity and affidavit form and authorization and acknowledgement form from Michael Tagarelli Construction, Inc. You already have an original signed Contract for Exchange of Property dated December 31, 1990. The original title policy will be forwarded to you upon receipt from Dimmitt. MAG: jmp Enclosures Copy: Daniel J. Deignan, Finance Director w/copy of Settlement Statement /' I ' 11' ~ /0 1/ RECEIVED MAR 2 9 1991 CITY CLERK / J!--n il- CJ ~ . .~ . CITY OF CLEARWATER Interdepartmental Correspondence Sheet TO: Cynthia E. Goudeau, City Clerk M. A. Galbraith, Jr., City Attorney ~. Exchange of property - Dimmitt Car Leasing, Inc. FROM: RE: DATE: November 7, 1991 As a fOllow-up to my memorandum of March 29, 1991, enclosed is the original title policy regarding the above matter. MAG: jmp Enclosure [OJ rn @ IH W~~I lJ\1 NOV 08 1991 ~l CITY CLERK DiPT;:..J