FORTUNE SAVINGS BANK
..
~
,
I
CITY OF CLEARWATER
'nterdepartment Correspondence Sheet
c'
TO: Cynthia E. Goudeau, City Clerk
FROM: M. A. Galbraith, Jr., City Attorney~
COPIES: Dan Deignan, Finance Director
SUBJECT: Purchase of Portion of Lot 5 & Sale of Lot 6, BI. 5,
Gould & Ewing's Second Addition
DATE: June 30, 1987
The subject purchase and sale was completed today and attached
hereto are the following:
Closing Statement for our purchase.
Title f
Lot S;
Title Commitment #C-1035834 of Attorneys'
Insurance Fund, Inc.
Closing Statement for our sale. J
Copy of Deed from the City to Fortune Savings Bank.
Copy of Seller's Affidavit, dated June 30, 1987.
(d-' Co
Deed for our purchase is being recorded by the title
company and will be sent to you for your files shortly.
MAG:br
cc: Finance w/closing statement for our purchase.
Check previously hand delivered to your office for our sale.
RECEIVED
JUL 1 561
crrx CLERK
-
w;...,.~ :---:,,.\NTY :.JEED
I
I
. (FROM ..CORPORATION)
This Warranty Deed Wade and executed the 30th day of June
CITY OF CLEARWATER, FLORIDA,
A. D, J 98 7 by
municiD3.l
a iorporation
existing under the laws of Florida I and having its principal place of business at
Clearwater, Florida,
hereinafter called the grantor, to FOR'I'UNE SAVINGS BANK
whose postoffice address is
hereinafter called the grantee:
(Wherever used herein the terms Hgrantor" and "grantee" include all th. parties to this instrument and
the heirs, legal representatives an" a..igns of in"ivi"uals, an" the successors an" assigns of corporations)
Witnesseth: That the grantor, for and in consideration of the sum of $10.00 and other
valuable considerations, receipt whereof is hereby acknowledged, by these presents does grant, bargain,
sell, alien, remise, release, convey and confirm unto the grantee, all that certain land situate in
Pinellas County, Florida, viz:
A portion of Lot 6, Block 5 of Goulti & Ewing's Second Addition,
Clear~ater, according to Plat Book 1, page 52, Public Records of
Hillsborough County, Florida, of which Pinellas County was formerly
~ partr more particularly described as follows:
From the SE corner of Lot 6, Block 5 and P.O.B., said point also
~eing on the Northerly line of Pierce Street, 60 feet wide and
extending thence, N 00000' 18" E, 132. 70 feet along tlie Easterly
line or Lot 6, thence S 89037'21" Wr 70.05 feet along the Nortnerly
line of Lot 6, thence S 00004'19" E, 122.47 feet along the Hesterly
line of Lot 6, the':1ce S 82002'25" E, 70.57 feet to the SE corner
o..f Lot 6, and p.o. B. h d' d h b I' . ,
Togetner wltn afT tfle fenements, ere Itaments an appurtenances t ereto e ongmg or In anywIse
:::ppertaining.
To Have and to Hold, the same in fee simple forever.
And the grantor hereby convenants with said grantee that it is lawfully seized of said land in fee
simple; that it has good right and lawful authority to sell and convey said land; that it hereby fully
warrants the title to said land and will defend the same against the lawful claims of all persons whom-
soever; and that said land is free of all encumbrances
ICORPORATE SEAL)
In Witness Whereof the grantor has caused these presents to be executed
in its name, and its corporate seal to be hereunto affixed, by its proper officers
thereunto duly authorized, the day and ye "rst above written,
By:
C ty Mmager
Anes" ~ ~,' L ,/L--
City Clerk
r,
Alc
~
AP~~"
Citv"tyney
STATE OF FLORIDA
COVNTY OF PINELLAS
This il\~tmm('nt wa~ preparf'd by:
QQ', bl\(( M, A, r.:~lhrai!h. jr,
),) ~J CiI;\t'or:H'Y -'-.+8
,!, Cil\' of (]',H\\:tlo'r.l, () Ro'X t
), :/.' '('1 t, 1,'r FL :uc,l::-I-:-l:~
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I HEREBY CERTIFY. !hat on this 30th davof June A. D. 19 R7 before me
personally appeared ~nthon" L. Siloemaker, M. A. Galbraith, JJ:'., Cynthia :2;.
Goudeau ana Rl ta Garvey respec1:ively City \-tanager. City Arrorne\".
City Clerk and Mayor-Commissioner of the City of Clearwater. a municipal corporation existing under ,he la\~s
of the State of Florida. to me known to be the individuals and officers described in and who executed the fore-
going conveyance. and severally acknowledged the execution thereof to be their free act and deed as such
officers thereunto duly authorized: and that the official seal of said municipal corporation is duly aitlxed
thereto. and the said conveyance is the act and deed of said corporation.
WITNESS mv signature and official seal at Clearwater in the Counrv of Pinellas and State of Florida. ct.e
day and year last ~bo';e writ::en. .
~u::- 0 I C~'~'___'-41~1
~otary/P"..1biic State or" Florida at La"rg;--
\-tv CommisslOO ex ~:llres:
I;. -01<;-0 L/ (I.f) .
---"\:;..-,------ -
ENCLOSURE I
e to City of Clearwater
Date:i 7/8/87
File No.:
find:
. Insurance 0 Binder 0 Policy =#=
Title Insurance 0 Binder 0 Policy =#=
ed IX! Original 0 Copy IX! Executed 0 Unexecuted IX! Recorded
o Original 0 Copy 0 Executed 0 Unexecuted 0 Recorded
~ments 0 Buyers 0 Sellers 0 Original 0 Copy
I~c
JUL
l6Jij;w'
. ,ilL ~
ur records 0 Sign and return
o File 0 Reply
Donald R. Hall
GOZA AND HALL
ATTORNEYS AT L
1230 S. MYRTLE AVENUE, SUITE 101
CLEARWATER, FLORIDA 33
PHONE: (813) 461-5101
Galbraith, Jr.
f Clearwater
ox 4748
ater, Florida 34618
inder No. $ Date Entered Inventory Card
olicy Premium $ _Any variation from standard rate is explained as follows:
sued simultaneously with Policy No. ~Issued in lieu of Policy No. ~Reissue of Policy No
1!.,wyers'TItle Insurance C9rporation
NATIONAL HEADQUARTERS
RICHMOND. VIRGINIA
.
J!'ILE ~.: r.749858
.
SELLER'S CLOBIOO S'fA'l'E,'1ENT
.SELLER3 :
City of Clearwater, Flor ida
PORCllASEH3 :
FORTUNE SAVINGS BANK
POOPER'I'Y:
corner of pierce & Ft. Harrison
6/5 Q>uld & EMing 2nd JIrld., Pinellas Cbm ty, Ff...
DJI.TE:
Jtme 30, 1987
DEDIT
CREDIT
129,435.70
Cbntrnct sal~3 p=ice
Ov.ner' '-' ,J;.Olicy to Law-y&S Title Insurance COrp.
State tax
j;'.al<.mcE: dU!'2to f-eller.:
iICcEpted this 30th day of June 1987:
650.00
647.50
128,138.20
$ 129,435.70
~ U9,435.70
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SELLER'S AFFIDAVIT
I
STATE OF FLORIDA
COUNTY OF PINELLAS
Before me, the undersigned authority, personally appeared
M. A. Galbraith, Jr., City Attorney
who, being first duly sworn, deposes and says:
1. That the CITY OF CLEARWATER, FLORIDA,
is the owner of the following described property In Pinellas County,
Florida, to wit:
See Exhibit A attached hereto.
2. Th?t said property is now in posse~on of the record owner,
and that there are no other persons in possession of the property.
3. That there has been no services or labor performed or materials
furnished on or for said property for which there are unpaid bills for
services, labor or materials against said property.
4. That there are no liens or encumbrances of any nature affecting
the title to the property.
5. That it is hereby warranted that no notice has been received
of any public hearing regarding assessments fo~ improvements by any
government agency within the past ninety (90) days, and it is hereby
warranted that there are no unpaid assessments against the above
property for improvements thereto by any government, whether or not
said assessments appear of record.
6. That the representations embraced herein are for the purpose
of inducing Fortune Savings Bank
to purchase the above-described property.
CITY OF CLEARWATER, FLORIDA
By
City Attorney
Sworn to and subscribed before me this 30th
19Ji.L.
day of
June
Notary Public
My Commission Expires:
I
I
EXHIBIT A
A portion of Lot 6, Block 5 of Gould & Ewings' Second
Addition, Clearwater, according to Plat Book 1, page 52,
Public Records of Hillsborough County, Florida, of which
Pinellas County was formerly a part, more particularly
described as follows:
From the SE corner of Lot 6, Block 5 and P.O.B., said
point also being on the Northerly line of Pierce Street,
60 feet wide and extending thence, N 00000'18" E, 132.70
feet along the Easterly line of Lot 6, thence S 89037'
21~ W, 70.05 feet along the Northerly line of Lot 6,
thence S 00004'19" E, 122.47 feet along the Westerly
line of Lot 6, thence S 82002'25" E, 70.57 feet to the
SE corner of Lot 6 and P.O.B.
CONTRACT FOR SALE AND PURCHASE
. '. PART,i~;:Er"~~~~~;~~' 'c.t'~~~P.~BqX,4;~~~:rwater, FL 33518 462' 0038 ("Seller"),
OfPl~.. ',,12;" .'"," aes . ',er. ',S". .. ~" y " '. , _"-"-" ,.' ",. _ (Phone ',' , .~, ", ,,' ',' I,
and ROBERT M. 'THOMPSON, JR., or assiqns , ("Buyer"),
of,PostOff.ice,Box,359"Clearwater,FL.33517 (Phone I,
h~rebY~9te~thktthes~iiei; sh~lf~el'l and Eluyer'shall. buY th{foltowingpro~erty. r'Property") upon the fOllovvingterms and. conditions which I NCLU DE the
Standards' For Real Estatefrahsacticms,set fcirttiori the .reverse side hereof orattathedhereto ("Standard(s)").
I. DESCRIPTION:
. (a) Legal descriptlOrl of Prbperty locatedih
Pinellas
County, Florida:
IDt 6 , BlockS, GOULD &~GJS 2ndN)DITION, according to Plat Book H-1,
Page 52, less that portioni to bei retained by the Seller, as the same is
deoictedin theattached'E:xhiliit "A", the actual legal description to be
det.ennined by SUI:Vey, but subject parcel being approximately 9,100 sq. ft.
(b)'" Streefaddress, ifany, of the Property being conveyed is
(c) P~rsp~~iprop~rtt("f>ers'qrialty" ) included: "
SE:fLE:l:ZMAY~E!10VEALL PARKING METERS AND ANY OTHER IMPROVEMENTS ON THE
';PFQ~.ERTy,ATSELLER' S COST.
Pl!R~H;A.SE PRICE: .$14.50!sq.. ft.. :of. land. acquireO.,. est;4,19.'j:~. W. ~. . . . , . . . " . $ 131,950.00
~A'n0EI\IT:
(a) Deposit(s) ,to be held in escrow by Mcl:-IDllen, ENerett r Logan. et aI, to be
rpfllnClPil i'lr ~l nsing in the amount of . . , . . . . . . . . $ 10.00
Subject to AND assumption of Mortgage in favor of,
.' '" ,havirigan approxImate present prin~ipal balance of
Purch,asl!money mortgage and note. bearing interes,t at % on termSserforth herein bel()w, in the
princ;ipalamount of . .i.' . . . . 'i,.., '. .. .','i.. .,ii '. :.... ... . . . . .. .. ., .. ..... .; . , .
(d) Other
(e)' B~J~nc~io~loS~,bJl~a~h:LoCA[L YDFlAWNcertiried or cashier's check) subject to adjustments and prorations
' ,;,' ::'.:,'.' ::.,. :",'" ., ,..' '-'.' ,:"-,: ,,',' ,- .'-,'!' "., """"~" ,.-' ,'~, ,- :',' ;: ' "-" -, , ' ,',' ,- " ,':: ,I
III. TllVliEFORACCERTAINCEr:EFF,ECTIVED~TE: .If this offer ,is not executed by a1l parties, and the FACT OF EXEGLJTION communicated inwriti'ng or
telegra8hidaIIYb~1:Jvee~thep~r'Hesot'!ibl"b~for~' , , .' ". '" ' the aforesaid deposit(s) shall b~,at optionO'r Buyer, returhed to' Buyer
and theoff~r lIIfithtlrawn and'null and-vOid. The'date of,<?ontract ("Effective Date") shall be the date when the last one of Seller and Buyer has signed this offer.
IV. ~1)N'~~;~~~~i-c~~r1W:g;r..~~neredf istobefinancecl by a third party loan, this Contract for Sale and Purchase ("Cont~ad") is condition~d upon
the Buyer obtaining afirmcqrnmitmentfprs~icjloaf)within ~ days from Effective Date, at an interest rate not to exceed %; term of
Years; and inthe principal. artl'bu'nt df$ , Buyer wiB m;ake application within----.:-days from EffecfiveDate, and use reasonable
diligence toobtainsaidiJO'an.Should Buyer fail to obtain same or to' waive Buyer's rights hereunder within said time,either party rnay cancel Contract,
"'" ,"{:Ii_"',,,;':
The existingm(JrtgClge:.d~~9ribedin Paragraph II (b) above has (CHECK (1) or (2)): (1) 0 a variable interest rate OR (2) OafixedinteJestrClte of %
per annum. Attime,of title tramfer, some fixed interest rates are subject to increase. If increased, the rate shall not exceed %per annum. Seller
shalf;within~days from Effective Date, furnish a statement from all mortgagees stating principal balances, m~thodofpaYmen( interestrate and
"status o.ttfllortgages,)f.l;luyer has agreed to assume a mortgage whic;hrequires approval of Buyer by the mortga!!leefO'rassu,mptiol),thel) ,SeHer shall
J>ro,rT1;tlto9t~in~nddeli\ler ,to Buyer, al,. required applications and ,Buyer Shall, diligently complete andreturnsame~othrrT)()rtga!!lee.Anyr;nmtgf;lgee
;~~argenq{t()~xC~e(!$, ,."", ," " shall be paid 1/2 by Seller and 1/2 by Buyer. If the Bl:lyeris notacfeptedbym9~tgagee or the requirements
~'r'as~urrlptiori,are.notin'accordance'With'the, terms of the COntract or mortgagee makesa'chargei'ne~cess oft~~state'clamount, 8,eller,or Buyer may
,:."r~9ind,th:is,Conttact;'PYPTomPt written'notice to the'other party u nlesseither 'pattyel~ctsto pay 'al)y'increasein, interesHateor excess mO'rtgage> charge.
.'"Thearl"I'Ql:mt ofan~ies0ro~qepositSih~I!d.'bY'f:'l:ortgagee.shatJbe.creditedtoeSellerilt cl,osing., " , ,',
v.Ti~~~j:v.r6ENSE:.'~ '......'...! _s~n~r.sh~J.I,ats.ell~r's' e1<~~hSe, .PE1livert()$uye~ .orBuw'sattQ~ney, in"acc?rdance, with
Standard A; (CHE!CK (nor (2)): (n O' abstractof'titl'1!"OR (2H~'title insurance commitment with fee owner's title policy premium to be paid by SeHer at closing,
',,''':'.'''. :\, ,:"} ',~-_: ':";:":'-:'->:';:'-'""",:,,,~,,.., :,"--' ,':,', "'t i',.:i':_:':L,::: ~"":",_,,,:.., ''',; ",::'''',':.' :1:_'-:'" --, - '_ : ,<: '_:, :,"- _:',,:,: ""_.",, ,"," " ,,' :'''.. '
VI ;,"CLOSING,~AT.EI!'I/:1iStr,~sactiqni~hall'beclosedandtha~eeda~dotherc,IOSingpapers delivered 01) the .6tlj .' day of Aq.gUS"(;.'19 .~, unless
extended.byother prQvisJO.ps,ofthe;.CQ,ntracti' '..' ',i. _ .',
:,_' '>::,," ''';'''''':'',', ::,:":',':-:':':,. '::',::':,,'_" "_ _ ....,,;\', ::"'-:,',:," 'i "",':':,\,'.:',,'i:' ,..." , '-', .' , ,,;' -~'\,::::.... ''''" , "
VI LR EST.FtICT1Q.1',J~;'E'~S~M.'7~1lT~J,j;.tM IT;!:\TI9i\JS:/1he 'B14yershl!,llt~ke, title.~l!~j~lit~?;.zon i n.9', r~s~f!c:Sip.ns~l?rollipiti?~s and other requirements imposed by
governmentalauthorIW';',restnct,pns,and.matters appearing on the plat or othe'rwlse common to the SUDaIVISlOn; publiC utility easements of record (easements are
to be locat~d!:ontiguous to the Property lines and are not. more than 10 feet in width a,s to the rear or front line~ and 7)1, feet in width as to the side lines, unless
otherwi~especifiedherein); taxes for, year of closing and subsequent years; assumed mortgages and purchase money mortgages, if any ;ot.her: h::lnk
offices, arid' Hri v~iP' fac;l ; r ;p~ ; prmiided,however, that there
exists at~losin~no ~i?Jationof the foregoing and same (joes not prevent use of the Property for, purpose(s),
\jIJI,W::q,J~AI\ICY:Seller represents. that there are no parties in occupancy other than Seller, but if Prpperty isintendep tobereptedorpfcupiePlJeyondcl?~ing,
~h~fa~ta~(j~~rms thereofshallbestated herein; and the tenant(s) shall be disclosed pursuant to Standard F., Seiter agreestodeliverdc0~.pa,n0yof Pr()per~xat.time
ofCI()~ingUnle!isotherwise statedhere'in:lf <lccupancy is to be delivered prior to closing, Buyer assumesalJ risk ofloss,tb Property ancjPersonaltyfrom dat~ of
Oc~qpancy; 'shall be' responsible and HabiB. forrnalntenance thereof from said date, and ~hall be deemed to have accepted the Property and Per~onaJ'tyintheir
el<istingcondition as'of timeoftaking'occllpancy unless otherwise stated herein or in separate writing.
IX. ASSIGNABI L1TY: (CHECK ('llor' (2)): Buyer(1J ,IX may assign OR (2) 0 may not assign, Contract,
X. TYPEWRITTEN OR H;A.NDWRITTEN'P'F!,OVISI(j!'lS:Typewritten Or handwritten provisions inserted herein or attached hereto as addenda shall controlall
printed prbvisions of Contract in co'nflict therewith. '
XI. INSLJ Lj),TION.FlI [)ER:/f Contract is utiqzedforthe saleota ne~residence, the Insulation Rider shall be attached hereto ~ncj macjepart hereof.
XII. SPECIAL CLAUSES: (utilize space below)
THIS IS INTENDED TO BE A LEGALLY BINDING CONTRACT.
I'F NOT FULLYUNDERSTOOD;'SEEKTHEADVICE OF AN ATTORNEY PRIOR TO SIGNING.
THIS FOR'MHAS BEEN APPROVED BYTHE FLORIDA ASSOCIATION OF REALTORS AND THE FLORIDA BAR:
Approval does not constitute an opinion that any of the terms and conditions in this Contract should be accepted by the parties in a particular transaction. Terms
and conditions should be negotiated based upon the respective interests, objectives and bargaining positions of all interested persons.
Copyright 1985 by The Florida Bar and the FloridaAssociation,ofRE-.6,LTQRS, l.n~.
.s-- - \Lf '- -n 1
,~S5b~':~d~*i~~
By:C~~,," ~
'". Rl II., TH Pj:BQ,llJr)
-{
JR. '
WITNES8E8:(TWorec'0ITlmended blltN OT re<ju ired)
Executed bY Buyer on
De~o~ii (s)u'lid~}Pai~grapt1l(received; ifother'than cash,. then subject to cl~,arance.
By:
(Escrow Agent)
BRPI<ER'S Fl:E; (CHECK&J:;QMPL~TE THE ONE APPLICABLE)
o · OF~L1~TINt;:lAdREEi\'IEJ\ltIS CURRENTL.VIN EFFECT):
NO BROKERS ARE INVOLVED rn THISTAAN$AC'I'ION
AND THEREFORE NO COMMISSIONS ARK DUE. ~
S~lIer.agrees, topay,tl1esrokernamed below, including cooperating sub-agents named, according to the, terms of anexisting,sepa~ate I istiflgagreement;
OR
o (IF NO LISTING AGREEMENT IS CURRENTL V IN EFFECT):
SeHer'~!lrees t9:J>~yth~ ~ro~~r n~med bel~w,at Nrne of closing, from the disbursements of the proceeds of sale, compensation i,n the amount of (COMPLETE
ClNL V.QNE)~%,ofgr9ss.pur,cl'1aseprice Pf;l$, , " ',', , ""',,,', " " ,Jar Broker's s,ervicesin effecting the sale by finding ,a Buyer ready, wi.lJingandable to
purchase ,pursuant to th,e foregoil1,g,Contract. In"the ~ven.t,SuYerfails to pedorm and depositls) is retained, 50% thereof".but not exceeding the,Bro~e(s fee above
provided, shaH' be paid to the Broker, 'as full considenltion for Broker's services including costs expended by Broker, and the balance shall be paid 'to Seller. If the
transaction shall not be closed because of refusal or failure of Seller to perform, the Seller shall pay said fee in full to Broker on demand, In any litigation arising
out of this Contract, concerning the.Broker's Jee",the prevailing party ,shalibe entitled to recover reasonable attorney fees and costs.
(JirfiT'll')ar:ne of Bro~er)
By:
(authorized signatory)
(Seller)
(Seller)
(nalTledf' cooperati ng sub-agent)
SPECIAL CLAUSES:
~~~: R () Ii)
, 'JlM~"
Fv1 \'yv'~' '
Rev.1/85 OpvP~ 6Id,ct/~7
STANDARDS FOR REAL ESTATE TRANSACTIONS
A. EVIDENCE OF TITLE: (1) An abstract of title prepared or brought current by a reputable and existing abstract firm (if not existing then certified as correct
by an existing firm) purporting to be an accurate synopsis of the instruments affecting title to the Property recorded in the public records of the county wherein the
Property is located, through Effective Date and which shall commence with the earliest public records, or such later date as may be customary in the county. Seller
shall convey a rrarketable title, subject only to liens, encumbrances, exceptions or qualifications set forth in this Contract and those which shall be discharged by
Seller at or before closing. Marketable title shall be determined according to applicable Title Standards adopted by authority of The Florida Bar and in accordance
with law. Upon closing of this transaction the abstract shall become the property of Buyer, subject to the right of retention thereof by first mortgagee until fully
paid; or (2) a title insurance commitment issued by a Florida licensed title insuror agreeing to issue to Buyer, upon recording of the deed to Buyer, an owner's
policy of title insurance in the amount of the purchase price, insuring Buyer's title to the Property, subject only to liens, encumbrances, exceptions or qualifications
set forth in this Contract and those which shall be discharged by Seller at or before closing. Buyer shall have 30 days, if abstract, or 5 days, if title commitment,
from date of receiving evidence of title to examine same. If title is found defective, Buyer shall within three (3) days thereafter, notify Seller in writing specifying
defect(s). If said defect(s) render title unmarketable, as to item (1) hereinabove or uninsurable as to item (2), Seller will have 120 days from receipt of notice within
which to remove said defect(s), and if Seller is unsuccessful in removing them within said time, Buyer shall have the option of either accepting the title as it then is,
or demanding a refund of all monies paid hereunder which shall forthwith be returned to Buyer and thereupon Buyer and Seller shall be released, as to one another,
of all further obligations under this Contract; however, Seller agrees that, Seller'will , if title is found to be unmarketable or uninsurable, use diligent effort to correct
the, c:Il!fect{~}!intidl!V\I1t'binttie1:i'rt1l!pro"idec:lthefefor, incluc:ling the bringing()f necessary suits. If a title policy is being furnished, Buyer has the right to require the
Seller to deliver an owner's marketability title policy provided Buyer pays any additional charges and makes request therefor within seven (7) days after Effective
Date.
B. PURCHASE MONEY MORTGAGE; SECURITYAGREEMENT; TO SELLER: The purchase money note and mortgage, if any, shall provide for a 30 day
grace period in the event of default if it is a first mortgage and a 15 day grace period if a second or lesser mortgage; shall provide for right of prepayment in whole or
in part withOut pe(lalty;shall not permit acceleration or interest adjustment in event of resale of the Property; and the mortgage, note and security agreement shall
be otherwise in form and content required by Seller's attorney; provided, however, Seller may only require clauses customarily found in mortgages, mortgage notes,
and security agreements generally utilized by savings and loan institutions, or state or national banks located in the county wherein the Property is located. The
mortgage shall require all prior liens and encumbrances to be kept in good standing and forbid modifications of or future advances under prior mortgage(s). All
Perso.n'!lty 'l>.eing.conveyedWiH, at ,option of Seller"be,subjecttothe lienofa seCUrity agreement and evidenced by recorded financing statements.
C..SU~Y,EY.: Buyer, lit Byye,,'s expense, witl1intil11ealloVl/edfof delivery of evidence of title and examination thereof, rnllyhavllthe F'ropertysurveyedand
certifieelby': a'r~gisterEldfI9ricla. s9fveyor.. If the survey shows any encrOachment on the Property or that improvements intended to, b,e ,I~catedol) the. Property in
fact enCrOa?hon setpack lines~easerY1ents, lands efothe~s, or.vi()late a~y restrictions, Contract covenants or applicable gO\l~rl)mental regulations, the samr shaH be
treated asatitle d~fect: " ".'". . ., '., , , '
D. TERMITES: Buyer, at Buyer's expense, 'within time allowed to deliver evidence of title and examination thereof, may hav,e the Property inspected by a
Florida CertifiedpestControlOperator to determine whether there is any ,visible active termite infestation or visible eXistingc:lamage.from 'termite ,infestation in the
impro\lements,lfBuyerisinformedofeitherorboth'oLt~eforegoing, Buyer will have four (4) days from date of written notice thereof or two (2) days after
selection, of a contractor; whichever occuts first; within which'to have all damages, whether visible or not, inspectedandestimated'bYijliil?ensed building or general
c()~tractor, $~ller shall pay valid costsof treatment an,d repair of all damage up to 2% of purchase price. Should suc~costse.xceedt':lat,arnpun~,Huyer shall have
the OPtion of cancelling Contract 'within five (5) days after receipt of contractor's repair estimate by giving writtlm notice to Sellefor'Bilyer'may'eiect to proceed
with the transaction, in which event Buyer shall receive a credit at closing of an amount equal to the total of the treatment and repair estimate not in excess of
two (2%) percent of,the purchase price. "Termites"shall be deemed to include all wood destroying organisms required to be reported underthe Florida Pest Control
Act.
E. I NGRESS~~p i:GR ESS: Seller warrants that there is ingress and egress to the Property sufficient for the intended use as described in Paragraph V II hereof,
title to whi~tlis inbccordance with Standard A.
F. LEASES: Seller shall, not less than 15 days prior to closing, furnish to Buyer copies of all written leases and estoppel letters from each tenant specifying the
nature and duration of the tenant's occupancy,rel11:all"ates, advanced rent and security deposits paid by tenant. In the event Seller is unable to obtain such letter
frOm each: tena~t, the same information shall be furnished by Sell.er to Buyer within, ,said time period in the form of a !)eller's affidavit, and Buyer may thereafter
contact t~n,ijnts to.confirm such infqrl1'1.ijtiop;;SeUer s~all, at closing, deliverandassig)'l.al1 original leases to 'Buyer.
, _0', - ,,/ ". """:'
G. 1...1 ENS: 'Seller shall/both a5'tO theF'rbpertyand Personalty being sold hereuncler,'1urnish toBtJyerattirneof~IOsing an affidavit attesting to the absence,
unless otherwise provided for herein, of any financing statements, claims of lien or pot~ntial lienors known to Seller and further attesting that there have been no
improvements or repairs to the Property for 90 days immediately preceding date of closing. I,fthe Property. has Qeen impraved,or repairedWithin said time, Seller
shall deliver releases or waivers of mechanic's I iens, executed by all general contractors, subcontractors, .suppliers, and materialmen, in addition to Seller's lien
affidavit setting forth the names of all such general contractors, subcontractors, suppliers and materialmen and furtherreci,ting that in fact all bills for work to the
Property or Personalty which cou'ld serve as'a basis for a mechanic's lien or a claim for damages have been, paid pr will be paid atdosing.
H. PLACE OF CLOSING: Closing shall be held in county wherein Property is located,at,theoffice of the attorney or other closing agen~Eliljl!nij~~d:IJY$ElJler.
I. TIME: Time is of the essence of this Contract. Any reference herein to time periOdS of less,than six (S)days shallin the computation thereof exclude Saturdays,
Sundays and legal holidays,and any time period provided for herein which shall end on a Saturday, Sunday or'legal holiday shall extend to 5:00 p.m. of the next
full business day.
J. DOCUMENTS FOR CLOSING:Seller shall furnisl:1 deed,pillef sa,le, meChanic's lien af.fidavit, assignments of I~ases, and any corrective instruments that may
be required in connection with perfecting the title: Buyer'shall furnish closing statem~nt,mol"tgage, m'ortgage note, securhy agreement, and financing statements.
,. -, '. "t. I
K. EXPENSES: State dOCUmentary stamps which are required to, be affixed to the instrumentof conveyance, intangible tax on and recording of purchase
money mortgage to SeHer' and cost' 'of recordihg any corrective' inStruments shall be paid by Seller; Documehtar\", statnpstobe affixed to the purchase money
mortgage, cost of recording the'deedahd financingstatements'ilball be paid by Buyer.
'u. ,PRORATI:ONS:,:TaxeS,assessments, rent, interest, insurance and other expenses and revenue of the Property shall be prorated through day prior to closihg,
~uyer ~haILhav~;~e (wtionof~aking over any existing policies of insurance on the Property, if assumabl~"i,n ,wl;1i,(::heve[1t premiu.ms:shall be prorated. Cash at
clo~in,gShallbeincreasedor decre~sed as may be required by said prorations. All prorations will be made through day prior to occupancy if occupancy occurs
t:jefdre6!PSin9. Taxes shall be,PforatedtJased onthe current year's tax with due allowance made for maximum allowa91ediscpunt and I)ornestead oroth,er exemp-
tions ffallowed for"said year. If closingoccu'I's at a date when the current year's millage is not fixed, and current year's assessment is avaifable, taxes ,Nill be prorated
based'Opoh sLJcl1assessmentcoand the prior year's millage. If current year's assessment is not available, then taxes will be prorated on the prior year's tax; provided,
however, if there are completed improvements on the Property by January 1 st of year of closing, which improvements were not in existence on January 1 st of the
prior ' year, then taxes shall be prorated based upon the'prior year'ltmillage 'Bndman equitabl~assessmentto be agreed upon between th~ parties, fail ing wh ich,
request will ,be rnade to the 'County Pro.pertY,6.ppraiser for aninf~rmal asses-sm'enttaldng into cdnsidlirlltibn homestead exemption, if any. However, any tax pro-
ration based on an estimate may at request of either Buyer or seifer be'sUQSequeDtly readjusted upon receipt of tax bill. on condition that a statement to that effect
is set forth in the closing statement. .' , .
M.si?EC'iALASSESSMENT'[rEI\IS:C~rtifJed; confirmed and ratified special assessment liens as of date of closing (and not as of EffeCtive Datel are to be paid
by 'SeHeri,PendingLli,ens as<lf date of ;closing shall be' assumed'by Buyer, provided, however, that if theiimprovemelll,hasibeen'l$ubstantially icompleted.,asofEffective
Dat~, \~u9tl'(8.~I').<;li,n!lli~Pi,s,h~lI,be cOI1~idered as certified, confirmed or ratified and Sel.ler shall, atclpsil1!l, pe c.harglldap,amoul)t!,!qual~othe last estimat.e,by the
pu QHC;!POc:lY'9fi~ssessm el'l.t, fOr ,tile. impr()vement.
N",'p,lJ\JiS~EC.TI9,N; iR1=flAJflAINOIV!:A;,INlV1=NANCE: Seller represents that, as of ten (10) days prior to closing, the roof, (including the fascia and soffits), and
waljlsdol'l111t'!h.~ve any iltisiqle' !e\(idence.oLleijks or ,danlloage,lGnl;hthaMhe4eppc.tanki,pool".,allmajor appliances.,heating',iccboLi ng, el eetrical, plum bi ng systems and
ma~l1m~ryare. in~.?r~in!l, f<;l,119iti?n, . Bu,<ef'rn~y!.at Bl!Y,~r:s TXl?ens~,h~ve,in,spe~~ion"?fde?r saiel it~rns ,~y ,an appropriately licensed , person dealing i~ the co~-
str~etl~n'J~pair~?~miji~tell!l?c-:1eithereofan9:t~:~l '!fJl~!,i~~~'rd:~eIJ~r}Hphi~~M!~:that do n~t meet ttje <lbove rElpresel')ta~ions:~oge~her ~it.h tl'\~ cost. of
cOfrectlrig sarhe, prior tb bccll'Pancy or not lll5S:t~" llfi days'pnor to clOSing, whichever occurs first. Unless Buyer reports such defiCienCies Within said penod
Buyer shall be deemed to have wai:vedSeHer's represlmtatians.as todeficiencies,not,repo.r.ted. In the event repairs or replacements are required, Seller shall pay up to
3% of the purchase price forisuchrepairs or repJatements by an appropriately licensedipersotl. However, if the cost for such repairs or replacements exceed 3% of
the purchase price, BU\leror Seller may elect to pay such excess, failing which either party may cancel this Contract. In the event Seller is unable to correct the
deficiencies prior to closing, the cost thereof shall be paid into escrow at ClOSing. SeHer agrees to provide utilities service for inspections upon reasonable notice,
Between the Effective Oate,andtheclosing, Seller shall,rnaintain the Property and Personalty including but not. I,imited to the lawn and shrubbery, in the condition
h.a.....o.in l"onro.el:lon.l'oClon: ,f"\l'"rli~~...u' ,IIUQ~::U. ~nrl, i'C)~,... Q,v,..cni'4M,,, Rl.I.\lCI,!':'. 4:!,h.::II,IJ.hl::ll Aorrni"''''on !:I,.....o~e f,n,!': j,nene...'t,inn ,nf ,'the P,rnnor'tu nri,t::\r 't" t"'ln~-i.nn, in "rrl~1" ,f" I'nnf,irrn f'nmnli:::anr,1Q
,CT'QN; :Fle,BAIRANDMA,INTENANCE: Seller represents that, as af ten (10) days priar to. clasinll, the raaf, (including the fascia and saffits), and
' '!l any 'visible' !llvidence, of leaks ar damageuantf,rtl:tat:the:<septic tank, paal, all majarappHances.,h~atil1g"coaling, electrical,ph,lmfiing systems and
;vvarking fa,nditian, Buyer may, at Buy!:r:'~ e~~er'!~e,~~ve i,nspectian made af said items~y an~P9ropriat~ly Iicensedper~an gealinll inthecan-
,n'd'm1l1ntenahcethereofand shaJl~ ' ".." 'tt>Sellersuch items that dan.otm~ettbe lf~6Ye repre~entations, ~agether withJhecast of
cacti e, paor to. acc~'p~ncy ar nat less t'fia~~ a'r to clasing; whichever a~curs'first. Unless Buyer~eparts such deficie~cies within said periad
Buyer shall be deemed to. have waived Seller'srepresentatiOinsf8s,tOldefipiencieNlot,reparred. In the event repairs ar replacements are required, Seller shall pay up to.
3% af the pu rchase, price' far such repairs ar replacements,by'an 'appropriately' IiCfIt'1sed P'8rsOn, , Hawever, if the cast, far'sUch repairs' arreplacemerits"exceed'3%,bf:
the purchaseprice,'BuyerarSellermay elect tapaYS1,lch'e~cess,fajllng whi~hefther party: may cancelthisC()ntr~ct.l~ the'e~en'tSelle~'is urabfet9carr~tthe
deficiencies priar to. closing, the cast thereaf shall be paid inl'a' escroW atdO:sing: Selieragrees to. pravidel:ltilitjes 'service for inspectionsupan reasanable natice.
Between the Effecti",e Date and the cl,osing,Selle~j{ih'!!Im,a,jntainthe:li'ropertYan:dfers~malty inclu9iflll ~Ut ,nat Jimi,ted tp,t,he ia~"1 af1Qshr/lbbeWi in theCQnd.itiOn
herein represer)ted, ,ardinary wear and',tear exc:epte(j;,,'l3u,yeil!$hll,lk;bl;l permitted acce~ farinspectianofthe PrapertY,Prior taclosingJQan:fertp canfirm camplianC'E!'
with the faregail;1Q. " "
0., ,R ';:;KpFL9;:;~:: 1~,t/;1eimp,~qYE!mE!ntsa,rl~ ,Q1!!TI~Qeq<i!),y.N;r!\,or,qthercasLlalty prior to. clasing, andcast,sqfres,toringsamedaesnat,e,xceed:39{> af the assessed
valuatian of the impravements sa damaged, cast of res'taratiOn shall be an obligatian af the Seller and clasing shall proceed pursuant to. the terms af Cantract with
cast therefar' eSC'rOwedatcJasingl"tnthe evem;the cast laf rep.air.or restoration eli:ceeds:3% af the' assessed valuatian of the impravementssa damalled, ,Buyer shall
have the apti'ariaf'ehher tlikln'Q'tl'le<Propertyas is,toge1:herwith either the said 3%' or any insurance praceedspayable by virtue af such lass,ar damage, ar af can.
ceiling Cantractancj receivirlgrewr.npfdepasit(s) made,l)ereunder.
P. PROCEEDS OF SALE;;C:L(j;:;rl'il~;F>ROCEDURE: The deed shall be recarded upan clearance af funds and evidence af title cantinued at Buyer's expense,
to. shaw title in Buyer, with?ut~~yencumbrances ar change which wauld, renderSelle~'s title unmarketable fram the date?f the last evidence, and the proceeds
af thesale-shaIIbE!'held inescrawby'SellersattarneyarbySlich ather escraw agentlfs m~y bel11J.tualbiagreed upa~ faraperiad pfnatlanger than five ,(5) days
fram ancfafter clasing datVIfSeller's titTe is rendered unmarketable, Buyer shall within said fi;'~' (5') day periad, natify S,ellerin writing af the defect and Seller
shall have: 1,3;0 days fram:<:taJE!'afifeceipt af such,l1atif.ic,a,tian to'ClJre ,said defect. In the event Seller failst,a timel,y.cure, said defect, ,al,I,manies paid hereunder shall',
upan written9Elr:J~rd(t~ier(3faral')d'~iJhin fIve \51 d~Y~t/;1iereatter~ bE! retu~ned to., Buyer and, simultanl;lauslx \I\Iithsuc:h re8'wment~ Bl:Iyers~all vaclltethePraperty
and reca~veysal11.eta th(3SE!IIl;lr9y~pecialilyarranty deed and, return the Persanalty. In the event Buyer J!lils tp make timely demandJarrefund;Bl:lyer shall. take
title as, is; 'wailiihif all rights against Seller as to. such intervening defect except as may be available to. Buyer by virtue af warranties, if any, cantainedin the deed.
In the event la pa,~tiomofthe purchase price is to. be derived fram institutianal financing or refinancing, the requirementsaf the lending institutian as to. place, time
af day 1!r1~prac!lc:lllrE!S tarc,la,sin,l!i,ant;l~qr d~~9urSe!TIent af martQageproceeds, shaIIFar)trol" Clnl\:'thingJflth,isCaQt~j1c:t to. the cantr~ry natwithstanding. Pravided,
hawever, that the, Seller shall haVE! the right to. require fram such lending institutian at clasing a cammitment that it will nat withhpld diSbursement af martgage
praceeds asa result af any title defect attributable to. Buyer-mortgagdr.'The escrOWaridclasing'p'~beStlur~required by this Standard may be waived in the event
the attarney ,title agent orclasing agent. insures against, adverse matters pursuant to Sectian 627.7841, F .S. (1983), as amended.
a. ESCROW:, Apy escraw, agent receivif1Qfunds ar equivalentis,sutharI2;ed and agrees by acceptance there.9ftadepasit pramptly and to. hald same in escraw
and subject tqc,learance thereaf to. disburse same in accardance with'terms and canditions af the Cantract. Failure af clearance af funds shall nat excuse perfar-
mance by th'e Buyer. In the event af daubt as to. escraw agent's duties ar liabilities under the pravisians af this Cantract, the escraw agent may in agent's sale dis-
cretian, cantinue'to hald the subject'mattehif'thisesl::raw until tl:iepartlesmutually- agree tenhe disbu rsement thereaf, ar u ntH a judgment of a caurt af campetent
jurisdictian shall determine the rights af the parties thereto., ar escraw agent may depasit same with the clerk af the circuit caurt having jurisdictian af the dispute,
and upan natifying all parties cancerned af such actian, all liability an the part af the escraw agent shall fully terminate, except to. the extent af accaunting far any
items theretaforedel,jv(3rlld,{)u1.\af E!scraw. If a)icensed ~eale~tat-ebmker, the escraw agent will camply with pravisians af Chapter 475, F.S. (1983), as amended. In
the event af an'yS,:!itbe1:VY!:enBuyer and,Seller wherein the es~rawagent is made a party by virtueaf actinga~ lIn_escraw Clllent,~ereunder. or.!n the.event af~ny suit
wherein escrawagent iriterpleaas'thesubject mattElrof thi~esorOw,'the'llgent ~iiall b~ entitled to. recaver reasonable attarney's f~eand casts incurred, said fees and
casts ta.p.e charQ~dandllssessedascPurt casu infavar af the prevailing party. All parties agree that the escraw agent shall nat be liable to. any party ar persan
whamsaeverfor 'mi~delivery' to' Buyer' or'Seller af items subject to. this escraw, unless such misdelivery shall be due to. willful breach af this Cantract ar grass negli-
gence an thepartaf:tlieiagen'ti
R. A TTORNEY FEES; COSTS: In cannectian with any litigatian arising autaf this Cantract, the prevailing party shall be entitled to. recover reasanable attarney's
, fees and casts.
S. FAI LUFlEOF:PERF6RMANCE: :lfBuyerf~ilsi't6pe~foirm this c~ntractwithinth'e'timeispeCified;1'incltldin'g payment of all deposits hereunder), the de.
pasit(s) paidbytfie~4Verll1aYbe retained by orf?fttie accaunt afSeller as,liqUidated damages,',consj'deratiQ!i1'cfarthe e~ecutionof this Cantract and in full settle-
ment af anYicl<Jims; wh(3reupan By\<erapdSElJlershafl,bereHeved af al,l al)li!l8tiansunder t~eC;al}tract;ar ~e,"er,atSeller'saP:tian, may praceedat law ar in equity
to. enfarce Seller's legal rights under this Contract. If, 1'6r any -reasan ather than failure af Seller to." make 'Seller's title marketable after diligent ,effart, Seller fails,
neglectsar refuses to. perfarm thisCantract, the Buyer may seek specific perfarmance ar elect to. receive the return af Buyer's depasit(s) withaut thereby waiving
any action far damages resCl'Itlri11' fram 'Seller's breach. ,
T. , CONTRACTNOTRECORO'ABLE;PERSONS BOUND; NOTICE: NeitherthisCantract nar any natice thereaf shall be recardedinany public recards. This
Cantract shlill bihd and inure to. the benefit af the parties hereto and,their ~uccessars in interest. Whenever the cantext permits, singular shalt include plural and ane
gender shalli{lclu~eeH, Natice,grvenby,,?na1:hllcattorneYfar~n\n)arty shall.pe aseffectiite as if given byar to. said party.
. ,
U.CONVEYANC,E:~ellersh~ljconve.ytitle,ta,th.e~ Praperty by statutory warran.ty ..tryste~; personal representativearguardian deed,as i:!pprapriate to. the
status of ~eller, subject anly tamlltterscontainedi'O':Pafagraph VII hereaf'and,:thaseath~l"wise~c'cePtedi,bYBuyer. Persanalty shaU, at request af Buyer; be cpnveyed
byan absalute bill af sale with warrentyaJrtitle, subjec,tta such matters as may be atherwise provided fa.r,here~n..,
V. OTHER AGREEMENTS: No. prior ar present agreements ar representatians shall be binding upan Buyer or Seller 'unless included in this Cantract. No.
madification or change in this Cantract shall be valid ar binding upan the parties unless in writing and executed by the party ar parties to. be baund thereby.
Rev. 1/8b
....
"
I
I
ADDENDUM TO
CONTRACT FaR SALE AND PURCHASE
BETWEEN
ROBER'l'M. THOMPSON,oJR., "Buyer"
_ CI'lT OF' CLE.A,:R,WATER, "Seller"
Property: Lot 6, Block 5,
GOULD & EWINGS 2nd ADDITION
Clearwater, Florida
The contract in the referenced transaction is amended to
provide as follows:
1. The obligation of the Buyer to perform under said con-
tract to sale is expressly conditioned upon the following:
(a) Buyer closing under that certain contract to
acquire the South 13' of Lot 3, all of Lots 4 and 5,
Block 5, GOULD & EWINGS 2nd ADDITION, according to
Plat Book H-l, page 52, public records of Pinellas
County, Florida.
2. The parties shall cause the lands to be surveyed to
determine the exact legal description to be used for closing
hereunder, and the exact amount of square footage to be used
in computing the purchase price. The cost of the survey shall
be borne equally between the parties.
3. Incident to this transaction, the parties have caused
these lands and the contiguous lands to be appraised. The
appraisal fee therefore is $1,500, and at closing each party shall
pay 1/2 of said fee.
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