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'\
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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.
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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.
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By: ~\:.-
Richard R. Dimmit
Vice President
Grantor
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STATE OF FLORID
COUNTY OF PINELLAS
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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.
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WITNESS my hand aJ19. official seal in the County and State last
aforesaid this ~day of March, 1991.
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RECORD VERIFIED BY:
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'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
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23081110 NSB 03-22-91 16;L6:44
01
RECORDING 1 $10.50
DOC STAMPS 2 $1,399.20
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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
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RJND FORM C
(American Land Title Association Commitment - 1966 Rev.)
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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