FORTUNE SAVINGS BANK (2)
IZ- q ot./
b 5 .:; LJ.5. v
t
";j54,
FORM 1124 FLORIDA Warraaty Deed (From. Carp,) , . . ~ TUTBLANX REGISTERED u, S. PAT. OPFICE
'S 71~6l) I =~~W ffi'"'""U"'~""~".~oom'
at&ig IInbtnlurt. ~b52q~G'B5q
3o~
day of
June
, .!1. D. 1987
Made this
'W'herez'er used heroin, the t.erm upartyn shall include the heirs, personal 1'6p1'8Sen.tativu,
8UCCU80rB and / or a&8i~1UJ of the respective parlies hereto; the use of ~ 8in~la.,. numbe.,.
shall include the pluml, and the pluml lhe sin~lar; lhe use of any Jender .hall include
all ~ender8.
ittUtttu FORTUNE SAVINGS BANK
a corporation existing under the laws of the 'J&Ql,lf&{~ft StateQf FloricIa
having its principal place ofbu-siness in the County of Pinellas
State of Florida party of the first part, and
CITY OF CLEARWATER, a municipal corporation of the State of Florida
whose mailing address is: 'PO. D0<: '-+'14:8 ClollJ\w~~
,. I
of the County of Pinellas and State of Florida 3'4lo is
party of the second part,
IlituP!i5rtb. that the said party of the first part, for and in consideration of
the sum of Ten and no/IOO --------------------------______ Dollars,
to it in hand paid by the ..~aid party of the second part, the receipt whereof is hereby
acknowledged, has granted, bargained and sold to the said party of the second part
forever, the following described land, situate, lying and being in the County of
Pinellas , State of Florida, to wit:
,
and
()'j Cash
H 1"i"1}7'()97 73
;. " 30.Jl~4 '1"
".fot
See Exhibit "A" attached hereto and made a part hereof
~ c,'-t
Documentaty T_ Pd. $...,,:,; ~ ...i:.''r::::''
$.................... Intangible Tax Pel
Karleen f. De Blaker, Clerk, Pinell~ Coun.,
",,-,--.b2~~ o.pU~ CierI
Subject t~1987 real estate taxes,
easements of record.
q~)
. .N}
2<ft~ . (Ii)
2':/+ ';;'0
r".Ljl
..I' .r
41
~:-'-iJT HL
restrictions, reservations and
ArtittM .s,aid party of the first part does hereby fully warrant t~e title to said land,
and will defend the same against the lawful claims of all persons whomsoever.
llullitur55 114rrtnf. the said party 01 the first part has
caused these presents to be sitned in its name by its President,
and its corporate seal to be affixed, attested by its
the day and year above written.
(O~. r"" NlfI
fifMl)
FORTWN~ SAVIN~
;;/IUJ ~.. ~
MichaelCatalario, V. President.
v1JJi>...t:
&tflurb. ~rnlrb nub mr1tllrrrb in Ql)ur Jrrarutr:
o
&tatr nf 1J11nriba
.l~ j
;(,1..c.2t~, 0:. lJ.l./tJ/J.;..w
.~
i;.!t~~C;!ri'.~ .'.:;:I!T;;:illRT
11'i~h"'" ""i'il 1.I'L.OkliJA
JfN 30 7 os FH '87
11 lIlrrrby C!!rrttfy. That on this 3:> c.14 day of June
beloremeperso'iially appeared MiChaelCatalancY--
-as Vice President. ~
~ol Fortune Savings Bank , a corporation
under the laws of the ~et~~}tSr:ate of Florida , to me known to be the
persons described in and who executed the foretoint conveyance to
CITY OF CLEARWATER, a municipal corporation of the
..state of Florida. .
and severalty aCknowledged the executwn thereof to be thetr free act and deed as
such officers, for the uses and purposes therein mentioned; and that they affixed
thereto the oflicialseal of said corporation, and the said instrument is the act and;
deed of said corporation. ,'_
JIlIttUl'!lS my signature and official seal at Clear~er ,
in the County of Pinellas and St e of Florida, the day,irnd
year last aforesaid. ~ _ :':: __'
. TO: _~ ~ ' .
v ~
Notary ublic , 'If: k . <"
My Commission ExpiresdS1fi~ l~'~<,.::.':.
;',' ,>>:',,;~, / ;" -- -' . ~ -.. :., :. _ i"....: ~':'.,~~.:: .,.. .,:'.'......:,:. ..,. .....,.......:i.....'..'....';'~,.,:.;.' ''tj:,:'''''',
:.~:.:}<.;:::::'> ':. '.,~ ,
C!!ouuty of
PINELLAS
.!1. D. 19 87,
XHXlt--
~ (} '( t:)/1
,').. .
." ' ) " .
,- ~,,. ,.~I
"...., ~::,
UFL.',
,I i'
"'["J-r",
. ,."".-'.,....}.
h'/\TEFl, FLORIDA
i
l
3351 G -DOt 3
'!?.<?oa
1)..~Olq-oLj (3)
~ . .t/.~ '
I
~
~EGAL DESCRIPTION
fAb 52""18bl
A portion of Lot 5, Block 5 of Gould & Ewing's 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 Southwest corner of Lot 5, Block 5 and POINT OF BEGINNING, said
point also being the intersection of the Easterly line of Fort Harrison
Avenue, 70 feet wi de wi th the Northerly 1 i ne of Pierce Avenue, 60 ,feet
wide and extending thence North 30.00 feet along the Easterly line of
Fort Harrison Avenue, thence South 82002'25" East, 141.38 feet to a point
in the division line between Lot 5 and Lot 6, thence South 00004'19" East,
9.99 feet along the division line between Lot 5 and Lot 6 toa point in
the Northerly line of Pierce Street, thence South 89049'21" West, 140.03
feet to the POINT OF BEGINNING.
EXHIBIT A
FUND FORM C
~
(1'lneriCan Land Title Association Commitment - 1966Iev!
-
COMMITMENT
Attorneys' Title Insurance Fund, Inc.
ORLANDO, FLORIDA
Commitment To Insure or Guarantee 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 or
guarantee of title, 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 or guarantee 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 or
guarantee of title and all liability and obligations hereunder shall cease and terminate six
months after the effective date hereof or when the policy or policies or guarantee committed
for shall issue, whichever first occurs, provided that the failure to issue such policy or policies
or guarantee 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.
""111111"",,
""~~\N.~~~;~,,, Attorneys' Title Insurance Fund, Inc.
(~,"~o:~~~'t) By h. d ~ ~'
~";""SEAL~f ~
":; 4-', / .~/ Charles J. Kovaleski
"""', ,c-LO'R\Ol' """...",
111"'"1111111'1'\'\ President
SERIAL
c- 1035834
1
I
FUND COMMITMENT FORM
"
SCHEDULE A .(L ~
""30 """-
Commitment No.: 1035834 Effective Date: JUn~9En Member's File Reference: HSC # 933 7-DD
1. Policy or Policies or Guarantee to be issued:
Proposed Amount of Insurance
OWNER'S: $ 48, 991. 2.5
Proposed Insured: CITY OF CLEARWATER, a municipal corporation of the
State of Florida
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: Michael C. Cheek and Carroll W. Cheek
3. The land referred to in this commitment is described as follows:
See Exhibit "A" attached hereto and made a part
hereof by reference.
ISSUED BY
(Attorney or Firm of Attorneys)
1455
MEMBER NO.
McMullen, Everett, Logan,
Marquardt & Cline, P.A.
P.O. Box 1669
(Mailing Address)
Clearwater
(City)
Florida
33517
(Zip)
FUND Form C-SCH. A (12/84 051 7SM)
I
I
FUND COMMITMENT FORM
SCHEDULE B
Commitment No.: 1035834
I. The following are the requirements to be complied with:
C~WI.
I..>~ 2
~ .
d ~~l~ ..,
Instruments creating the estate or interest to be insured which
Pa)nlcnt of thc fl:1H emlsiaefsti6n t6, of fVI tilt: a~~uulll or, the grantors or mor ga
e executed, delivered and fIled for record:
(a) Warranty Deed properly e ed and recorded from Michael C. Cheek and
Carroll W. Cheek to Fo e Savings Bank.
(b) Warranty D roperly executed and recorded from Fortune Savings
Bank to . of Clearwater.
(c) tisfaction of Mortgage properly executed and recorded for the
II. 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:
~1.
~l~~
Defe. ct.s,~.lien " encu~b~es., adver~e c\ai s or other n tters, if any. reated~, nrs appearing ij;vthe pUb,liC records or
attaching bsequenk.l:r~,he effecttve ate hereof h prior to tl date the posed Insu,fd acquires for value of
record t estate or interest or 010 gage thereon overed by t . commitment.
2.
Any owner policy or owner guarantee issued pursuant hereto will contain under Schedule B the standard exceptions
set forth at the inside cover hereof. Any mortgagee policy will contain under Schedule B 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 over the mortgage (where the
liens would otherwise take priority, submission of waivers is necessary).
~ Mort~ag., from~ichel C~Che k an~c.ar 011 W. Cheek to Citizens Bank
of Clearw er, date /23/86, corded 6/86 in O.R. Book 6324, page
2315, pu ' ic reco s of Pin as Coun , Florida.
4. ASS~'gnm nt~ ba be~~n Mich~al . Cheek and Carroll W. Cheek and
itizens nk of earw~~~ dated 9 ,3/86, recorde,d 9/26/86 in O.R. Book
324, p e 2318 public records of inellas County, Florida.
. Finan~..ii,21 statemenJ(rec,orged 9/26/~ in O.R. Book 6324, page 2320, public
cords o~~inellas~unty,/.tlorida. /
FUND Form C.SCH. B (12/84 DSI75M)
J
I
Description of Lands
A portion of Lot 5, Block 5 of Gould & Ewing's 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 Southwest corner of Lot 5, Block 5 and POINT OF BEGINNING, said
point also being the intersection of the Easterly line of Fort Harrison
Avenue, 70 feet wide with the Northerly line of Pi~rce Avenue, 60 feet
wide and extending thence North 30.00 feet along the Easterly line of
Fort Harrison Avenue, thence South 82002'25" East, 141.38 feet to a point
in the division line between Lot 5 and Lot 6, thence South 00004'1911 East,
9.99 feet along the division line between Lot 5 and Lot 6 to a point in
the Northerly line of Pierce Street, thence South 89049'21" West, 140.03
feet to the POINT OF BEGINNING.
Contains 2799.5 S.F. more or l~ss.
23 June 1987
File 6787
Prepared by:
SIPPEL, MASTELLER & KRAVET, INC.
1247 Florida Avenue
Palm Harbor, Florida 33563
RJS/ABS/dm
I
I
SKETCH
SECTION 16, TOWNSHIP 29 SOUTH, RANGE 15 EAST
PINELLAS COUNTY, FLORIDA.
POB. --
30,0<::1
~
It.:
UJ
I.n
0'
trl 0"- .
Q r-... ~
~. N "'-:'
~ ~/fI
. . ... "0;, ~
I- 0 "
tl" ...
en ~ N
~ ~
W N ,lU
U ,tl( ~ ~
II 0 N
" . .
w ..... I\J
N 0
- . .
D. 0'- l\I
:)- lU
. t/J
It-
OJ
tI)
'0 .
,"'-
"-
It'I
~.
."
"-
co
~
"
SCALE '''.30' ~~;;.~
Fy. HARRISON AVE.
70' Polk!
NOR.T H
/1'1.00'
BCJ.oo .
La
I
I
I
L T 3
5
LoTY-
I
I
I
I
I
~~
I Cl;i-l-
~N
... ,
I .... <)
l(\
.
"
I ct:l
<-
I
I
13.Jo
,/
'.
t-.J o.OI.l'lcr"w /08."17'
12'Z..LI7'
La.,. '"
, ~
4\ ~
I::l ....
.N
(;i.
"to...
1'1'I
o
0"-
~
<:.
LOT 1/
/32.. o'
N oOoc' /S" Eo
LDT 7
Lo T /0
Bearings based on an assumed datum,
Fort Harrison Avenue = DUE NORTH
THIS SKETCH IS NOT, A SURVEY,
SKETCH TO ACCOMPANY
LEGAL DESCRIPTION
~EeT 2 OF 2.
~ SIPPEL. MASTELLER &. KRAVIeT. INC.
S ' ENGINEERING. PLANNING. SURVEYING
M 1247 FLORIDA AVENUE. PALM HARBOR. FLORIDA 33563
813-784-8543
DRAWN A.8.s. CHECKED (3(...
Z3JVNE 1'187 FilE "787
.
/'
.-.'-___., ~:"::~'l
_-~':_k_ -'.......J.-
I
I
Standard Exceptions
The owner policy or owner guarantee will be subject to the mortgage, if any, noted under item two of
Section I of Schedule B hereof. All policies and guarantees 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) rights or claims of parties in possession not shown
by the 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 lien, or right to a lien, for services, labor, or material
heretofore or hereafter fy~ished, imposed by law and not shown by the public records.
l'l-~S- ~ -~c: ~(,~ry,}
Conditions, and Stipulations
1. The term "mortgage," when used herein, shall include deed of trust, trust deed, or other security
instrument.
2. If the proposed Insured has or acquires actual 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 in writing, 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 or guarantee
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 or
guarantee 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 or guarantee
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 or GUARANTEE
TITLE
Attorneys'
Title Insurance Fund,
Inc.
ORLANDO, FLORIDA
"
.'
~ ,l_~
I
,
McMULLEN, EVERETT, LOGAN, MARQUARDT & CLINE, P.A.
CLOSING STATEMENT
Date: June 30, 1987
Seller: FORTUNE SAVINGS BANK
Purchaser: CITY OF CLEARWATER
Description,of Property: Portion of Lot 5, Block 5, GOULD & EWING'S
SECOND ADDITION
. .
CREDITS TO SELLER:
Total Purchase Price
$
48,991.25
CREDITS TO PURCHASER:
Binder Payment $
Mtge. Assumed Principal $
Accrued Interest
Note
Taxes for 1987 , prorated (if
estimated, any subsequent reparations will
be between the Seller and Purchaser)
276.93
Balance to Close
48,714.32
$ 48,991.25
$
48,991.25
STATEMENT TO PURCHASER:
Balance to Close
Record Deed
Documentary Stamps on Note
Intangible Tax on Mortgage
Record Mortgage
Sippel, Masteller & Kavet, Inc. (1/2 of survey)
Total required to Close
Additional survey charge
STATEMENT TO SELLER:
$
48,714.32
9.00
$
890.00
49,613.32
14.85
49,628.17
48,714.32
Balance to Close
Binder Payment
$
Expenses:
Documentary Stamps on Deed
IntaDgible Tax on Mortgage
Record Mortgage
'T'itle Insurance
Broker's Commission
Attorney's Fee (MELMC / Goza, Hall)
$
245.00
7'10.00
3,500.00
Check attached
44,719.32
$ 48,714.32 $
48,714.32
-5(2<1/1'f7 ~~, 17/
!~ ~~L:;r~' ~4~
seller/Tax~~umber
v' ( c.5- C--7Z L~ .
S I\!ller ITax' Numbl!lil." if'>" <. m__
Address
J:>.!
, ~. ~ .~I\jA)I
~ \ TY {:f--' (urt(!-vJf!T~R
Purchaser/Tax ~umber
I j" (' ,~L <.
By; <-,Ah'lfL - \,,/ ~L.ljl{l'v-- --
purUhAM.tt~.~NUmb~r
Address
-
. --" !II
I CONTRACT FOR SALE AND PURCHASE I
PARTIES: RORF.R'1" M. THOMPSON, JR., or his principal , ("Seller"),
of Post Office Box 359, Clearwater, FL 33517 (Phane),
and r.T'T'Y OF rr.'P.A'RWATER ' ("Buyer"),
of r./O F:ljzabeth Haeseker, Asst. City Manaqer, P. o. Eox 4748, Clearwater, FL(Phane 462-6638 ).
hereby agree that the Seller shall sell and Buyer shall buy the follawing property ("Praperty") upan the foll~ms and canditions which INCLUDE the
Standards For Real Estate Transactions set forth an the reverse side hereof ar attached hereto. ("Standard(s)").
I. DESCRIPTION:
(a) Legal description af Praperty located in
Pinellas
Caunty, Flarida:
'Ihat portion of Lot 5, Block 5, GOULD & UJINGS 2ND ADDITION, according to
Plat Book a-I, page 52, as depicted in the attached Exhibit "A", the actual
legal description therefore to be detennined by survey, but subject parcel
being approxllnately 2,800 sq. ft.
(b) Street address, if any. of the Property being canveyed is
(c) Personal praperty ("Persanalty") included:
NONE---Proper:ty is sold and conveyed as "vacant" lands;. Seller to deliver posses-
sion on or before eighteen (18) months from date of closing, with exist-
building structure to be *~oved at Seller's cost and expense prior to
ae.l~ very Of poss~ss~ons. . . ted 'h~ 49 000 00
II. PURCHASE PRICE: .$17..50;.sq.. .ft.. .of .land .acquu:ed,. .estuna .to.J..J.t=; , . . . . . . , . , . $ ,.
PAYMENT:
(a) Deposit(s) to be held in escrow by Mr.Ml1llpn, Everett, Lc::x,Jan, et al to be refunded
Clt C'ln~;ng intheamauntaf..............$ 10.00
(b) Subject to AND assumptian af Mortgage in favor of
having an approximate present principal balance af . . . . . . . $
(c) Purchase money martgage and note bearing interest at % on terms set forth herein belaw, in the
principal amaunt of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , , . . . . . . . . . . . . . . . . . ' . . $
(d) Other $
(e) Balance to clase, (U.S. cash, LOCALLY DRAWN certified or cashier's check) subject to adjustments and prorations . $ 49,000.00
III. TIME FOR ACCEPTANCE; EFFECTIVE DATE: If this affer is nat executed by all parties, and the FACT OF EXECUTION cammunicated in writing ar
telegraphically between the parties on ar before May 21, 1987 , the aforesaid deposit(s) shall be, at optian af Buyer, returned to. Buyer
and the affer withdrawn and null and vaid. The date of Cantract ("Effective Date") shall be the date when the last ane of Seller and Buyer has signed this offer.
IV. FINANCING: NOr APPLI(,~RT.F.
(a) If the purchase price ar any ilarrt1'lereof is to. be financed by a third party laan, this Contract for Sale and Purchase ("Cantract") is canditianed upon
the Buyer obtaining a firm cammitment for said laan within _ days from Effective Date, at an interest rate not to exceed %; term of_
years; and in the principal amaunt of $ . Buyer will make applicatian within_days fram Effective Date, and use reasonable
diligence to. abtain said laan. Shauld Buyer fail to. abtain same or to waive Buyer's rights hereunder within said time, either party may cancel Cantract.
(b) The existing martgage described in Paragraph Il(b) abave has (CH ECK (1) ar (2)): (1) 0 a variable interest rate OR (2) 0 a fixed interest rate of %
per annum. At time af title transfer same fixed interest rates are subject to increase. If increased, the rate shall nat exceed % per annum. Seller
shall, within_ days fram Effective Date, furnish a statement fram all mortgagees stating principal balances, methad af payment, interest rate and
status of martgages. If Buyer has agreed to. assume a mortgage which requires approval af Buyer by the martgagee for assumptian, then Seller shall
promptly obtain and deliver to. Buyer all required applications and Buyer shall diligently camplete and return same to the martgagee. Any martgagee
charge not to. exceed $ shall be paid 1/2 by Seller and 1/2 by Buyer. If the Buyer is not accepted by martgagee or the requ irements
far assumptian are nat in accordance with the terms of the Cantract ar mortgagee makes a charge in excess of the stated amount, Seller ar Buyer may
rescind this Contract by prompt written notice to. the ather party unless either party elects to pay any increase in interest rate ar excess martgage charge,
The amaunt of any escrQ,w deposits held by mortgagee shall be credited to Seller at c1asing.
at c.losmq
V. TITLE EVIDENCE: ~_aayS from Effective Date, Seller shall, at Seller's expense, deliver to Buyer or Buyer's attorney, in accardance with
Standard A, (CHECK (1) or (2)): (1) 0 abstract af title OR (2))0 title insurance cammitment with fee awner's title palicy premium to. be paid by Seller at closing.
V I. CLOSI NG DATE: This transactian shall be clased and the deed and ather clasing papers delivered on the day of 19 ~, unless
extended by other pravisions of the Cantract.
VII. RESTR ICTIONS; EASEMENTS; L1M IT A TIONS: The Buyer shall take title subject to.: zaning, restrictians, prahibitians and ather requirements impased by
governmental authority; restrictians and matters appearing on the plat or atherwise cammon to the subdivisian; public utility easements af record (easements are
to be lacated contiguous to the Praperty lines and are nat more than 10 feet in width as to. the rear ar frant lines and 7Y, feet in width as to. the side lines, unless
otherwise specified herein); taxes for year of closing and subsequent years; assumed martgages and purchase money mortgages, if any; ot.her: ZONING-
TTrt.;:m ('.pn+pr r.nrPi T ,;md Use - downtown deve1qpnent ; pravided, hawever, that there
exists at closing no violation af the foregaing and same daes not prevent use af the Property for not applicable purpase(s).
VIII.OCCUPANCY: Seller represents that there are no. parties in occupancy ather than Seller, but if Property is intended to be rented ar accupied beyand closing,
the fact and terms thereaf shall be stated herein, and the tenant(s) shall be disclosed pursuant to. Standard F. Seller agrees to deliver accupancy af Praperty at time
of clasing unless atherwise stated herein. If accupancy is to be delivered priar to. closing, Buyer assumes all risk of loss to Property and Personalty fram date af
occupancy, shall be respansible and liable far maintenance thereaf fram said date. and shall be deemed to have accepted the Property and Personalty in their
existing conditian as of time af taking accupancy unless atherwise stated herein ar in separate writing.
IX. ASSIGNABILITY: (CHECK (1) or (2)): Buyer (1) 0 may assign OR (2) IX may nat assign, Contract.
X. TYPEWRITTEN OR HANDWRITTEN PROVISIONS: Typewritten or handwritten provisians inserted herein or attached hereto. as addenda shall control all
printed provisians af Cantract in conflict therewith.
XI. INSULATION RIDER: If Cantract is utilized for the sale of a new residence, the Insulation Rider shall be attached hereto. and made part hereof.
XII. SPECIAL CLAUSES: (utilize space belaw)
THIS IS INTENDED TO BE A LEGALLY BINDING CONTRACT.
IF NOT FULLY UNDERSTOOD, SEEK THE ADVICE OF AN ATTORNEY PRIOR TO SIGNING.
THIS FORM HAS BEEN APPROVED BY THE FLORIDA ASSOCIATION OF REALTORS AND THE FLORIDA BAR.
Appraval daes nat canstitute an apinian that any af the terms and canditians in this Can tract shauld be accepted by the parties in a particular transactian. Terms
and canditians shauld be negatiated based upan the respective interests, abjectives and bargaining pasitians af all interested persans.
,..~~:~Yright 1985 by The Florid~B~ ~':.t~ ~I~ic:: ~s~c~tion of REALTORS, Inc.
WITNESSES: (Two recommended:but NOT required)
~~ ~ '2'~.-.. ~. Q# o..~
~ CITY CLERK-
B
'\,
i5"Ijjj.Sl
~~
Executed by Seller on
""'il
c12 <=- J "e.-
ROBERr" H. ',THOMPSPN, .lm)Led
;:~'. :;','>- ':
i r: ; ,~\,
(Seller)
Deposit (s)u hd~r'Paril~raphrj 'r,~i:eived ;ifothefth,an cash"th~!,lsu~ject ~o cl.earan~e.
"i\,:":"":'- I';', '-" " -,' .',,"::" i-",-\" : ,',- ";"::."","',_, .j""':' ,." .
By:
BROKER'S ,~.EEj;\98Eg !<.~..g~~P.~gTs:r8EbI\JEA.ppLI~A\, B'~~):,
d · OF ,Ai iST'ii\J'~)*c3R.~Eriiig~,r'IS:ie'l);FlRENT;~Y:Ii\rE~fEGr[:'
, . '..,;, .,,;,.,!
Sellera!1rees to:paYthe;"BrCl,~er., nafli!ed b,elow, includin9ccOQPeratf.ng. s,ub.,agents ,named, according to the terms, of an ,existing, separate I isHng,agreement;
(Escrow Agent)
NO REAL ESTATE BROKER IS INVOLVED
THIS TRANSACTION ANDTHERBFORENC>
COMMISS10NS ARE DUE.
IN.
~
OR
0. OF Nq LISTING AGREe:III!ENTIS CURRENTLY IN EFFECT):
Sellerag'f~es'tOpay th~Broker namedbelow"at ,time of closing, from the disbursements ()f the proceeds of sale,col11p~n~ation in the amOl.lF:1t of (COMP LETE
Q'~~~PNE)', ,;%cifgrdss,.pur~h~seprice Cm$ , , ; for Broker'sservices.,jneftecting, ,t~,esaleb.Yfinding ,a ,Buyer ready, will inganda.ble, to
purchas~<P!lrslJant,tot~e f,oregOi.f'lg.Cof;ltract~lr t~e event BU\(,eT;Jails to perform and,d~posit(s) is retain,ed,&9% thereof.,~,utnot e,){ceedlng the Broke(sfee above
provided., shall be paid to the Broker, as full consideration for Bro'Ker'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
OlltCl~th,is.9or]~~act,concern ing Jhe B~oker'sfee, theprlOlyaiUng party sI:1aU.,blOl entitleq to:r.e,cover, reasonable attorney fees,l!Jdcosts,
(firm,nam eofBro ker)
By:
(authorized signatory)
(Seller)
'(harp~.,qr!:q(jperating,"St:1b'agent )
(Seller)
SPECIAL CLAUSES:
See attached Addendum
.**In ret~'rri.,~orBellerrefuovip:<;l'b'l1ildihg iInprovements, Sellershali be entitled
to r:et:Ciin, any rents ~arned therefrdmprior to removal of the build..;i.fig.
Qe', k:Ou)
F:tlJtAi1U.f..,;.. I
Ufl"lta:Z(;.,fYl.{) 6/dA, 8 7,
Rev. 1/85
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 whi,ch shall commence with the earliest public records, or such later date as may be customary in the county. Seller
shall convey a mllrketabJe title, subject only to liens, encumbrances, exceptions or quali.fications 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 la'!"'Hp()n,.c,lflsil;ljJofthi~tr~nsa7tiotl. t~e C1\l~tractshallbecome the ,property of Bl!yer, subject to t~'7ri~htof ret~l1tioqt~ereofby first ,mortgagee until fully
paid; or (2).El title in'surancecommitment issuedby a Florida'licer'lsed title irlsuror agreeing to issue, tOBtlyer, upon recordingof the deed to Buyer, an owner's
pollcy bf tii'U!insIJrlclce intheamounfof the purchase pril:e~'jhsuring' B-uyer~title to thePropert\t . subject ~nly,to Ifens. enculnorances, exceptidnsorqualifications
setforthfri this Coiitractandtllosll which shall be discharged by SelJerat or before Closing. Buyer shall have 30 days, if abstract, or 5 days, if title commitment,
from date of:recEllvinQ evll:lehce of title to examme:,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 andthereupon Buyer and Seller shall be released, as to one another,
of all further obligations under this Contract; however, Seller agrees thllt Seller will, Wtitleis found to be unmarketable or uninsurable, use diligent effort to correct
the, defect(slintltlewith)h thelime provided therefor, including the bringing of 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.
;1:;'
B. ", ,rLJRCHASENr'ONEYMORTGAGE;;SECLJRITv;AGREE(ljjENTiTOSEllER: The purchase money note and mortgage, if any, shall provide fora 30 day
grace,period in the e~ent 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
inpar:~'l1Vi~~,?utPenaltY;~hall' not pl!rmit acceleration or in!~r~stadJ~stm~nt ir\event of resale of thePropert:y;and the mortgage, note andsecurit\l agreement shall
be tltl:il!rWlseih,f6rffl'&hd co'htent requ ired bVSe:trEi-r'S llttl1~r:ie9~1'i"()\/'I'dl!d, however. Seller may onlyrequireciauses customa.rilyfound in mortgages, mortgage notes,
andse<;wir;y C1g,reementsgenerally utilized by sa,vir;IQ5.C1nq loaninstitu,tions, or state or national banks located in the county wherein the Property iii located. The
mortg,lIg,esQ,all,requ,ireall prior liens and encumbrances.'to'bekeptin good standing and forbid modifications of or future advances under prior mortgage(s). All
Pers9\I'1,i=\lltY'!?ei,119 conveyed will, at option of Seller.,"~e,s.ut:>j~t,JOI,thp lien of a security agreememandI1Yidencedby,recorded,fj,nancing statements.
,;,:':i{:' - , 't~'~H:,~,t;t::" r" "
C.~r~'~U:AVEY : Buyer. at' Buyer's. expenslf, wrthWW~~-~~~~~d, for delivery of evidepc;e Clf title and' examinationthereo~" maYhave~heProperty surveyed and
ceni;Je~byaregistered Floridasurveyor.,1f t~1r~urveysl;OWs-anv encroachmll/ilt on ,~hePrpPE\rty',qr that improvements intended to be ,Ioclltedon the Property in
fact ;~nl;roach on setback lines, easements. landS?f,?thers, or, vi~late any restrictions,Cofltract coyenantsor applicable g()vernmlfntal regulations, the same shall be
treate~asatitledefect.:' ""'i,~" '.,',' 'i '. ,,',.. .' ,
0; TE;RMITES: Buyer, at Buyer's expense, within time allowed to deliver evidence of title and examination thereof, may have the Property inspected by a
Flori'!=f,!,(Certified Pest Control Operator to determ ine whether .there ,is any, ;visible active termite infestation. Or, visible existing ,damage from termite, ,irnJestation in the
improvements. If Buyer is informed of either or bothofth~fo,regoing, Buyer.willhave.four(4J,d~ys.frOQ1 date of written notice thereof or two (7J days after
selection of a COntractor, whichever occurs first, within whiCh 'td'have all damages, wheth'ervisiblilor not. Inspected and estimated by a licensed building"o.r general
cpn~r~l;to'1 SeUershall pay ,valid ,costs. ()f ~reatment an~ re~r,iff:;all damage up to 2% of pult:ffase,pr)de:ShouldsuCI:i co'sts;exceedthat arno!Jot;, Buyer shaH have
the option of cancelling Contract within five (5) days after receipt of contractor's repair:-estimllte ,by giving written notice to'Seller:or Buyer,may elect. to proceed
withthetransaction,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~'shallbe deemed to incl-udeallwRq<:l"d~troying organisms required to be reported under the Florida Pest Control
Act.
E,. .,., I('JGRESSANp i:GRESS: Seller, vvarrantsthat the~eisingressandegresstothe Property sufficient for the intended use as described in Paragraph VII hereof,
titletowh'ic:h'iii'l1'ac:cotClanlieWffhStatldarlfA." ',' ',(," '", ."",
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
I'lBture and dllrai:ion of thei:enant's occupancy, rental rate~, advanced rent and security deposits paid by tenant. In the event Seller is unable to obtain such letter
from each tenant, the same information shall be furnished by Seller to Buyer within said time periog i,n.tretPf.rn ofa,Sel.ler's affidavit, and Buyer may thereafter
contacttenantstoconfrrmsuch information. Seller shall, at closing, deliver and assign all qxiginallea.l\eS"loBuyerc ' , ' ,
G'.: LiENS; Sellel'sl'ia'rl;'bb'tnasto the Property and Personalty being sold hereunder, furnish to, Buyer at'time of closing an affidavit attesting to the absence,
unle,ssoth"erw",. is, e",..,',P"., ,.,r 0, v,,',. i.de,.d,J.or herei,n, of any financ"'rg statements, claims of lien or potential, Henors kn,ow.ft",o, S.",el"le.,r an, d, further attesting", th,a tt.,here have been no
impro'1tements&r repairs to the Property for 90 daY1 immediately preceding dateof'closi.ng: If.thEi PropertV*,as been improved. or repaired within said time, Seller
shalt delivar}elliases, or waivers of mechanic's Iien$, executed by all general contractors, subcontractors, suppliers; andmaterialmen~in addition to Seller's lien
affi9l!itits~ttihgf,orth the names of all such g~neral c?ntractors, subcontractors. suppliers and rTIaterialmenand further-c~e.qiting thatin faCtaHbiUs for work to the
ProPerty or--Pel'"$onaltVWhichcould serve as a basisfora.mechanic:s lien or a claim for damages have been paidQr will be paid at closing,' """cC;:!:!"C", ~'____.,.__,
. ,", "it~~.<!? < r"',
JiL lb~,2~i~F'iiPl..()S'~I\JG,:'9IdSi'r1g.s~all be?eI9}~~,~;Y~ty .wh!~ein Property is located, at},heoffice of th~rttorney or other closing agent.4~Q~~!!d By Seller.
'l"+ii ,... ."" ' ,;" i, ' , ,""'.,' '"""".".,'" "'., .",':;:
L.. ".iTi'lVIE:~if)1e is ofthe'e~s~nce()fthis C()ntract. Any reference herein to time period~qflesst!:tlln six(Ell daY~,.l\h9'lljflthe computationt~ereofexclude Satu rdays,
Sl!lndaysf'aimlega'I"holfdaVs,anda'nvtime,~p'~iodProvided for herein which shall end ori aSattJrdsy, Sl!lnday'ol:'I~gafh'oUdav shall extend to 5:00 p.m. of the next
full business day. ,
J. DOCUMENTS FOR ClOStNG:Seller shall furnish d~ed,WH,o! ~~I.e~meC~~"1ic'sli~n:!Iffioa,vit.assignment5. ofJeases, and any correcti~e instruments that may
be required in connection with perfecting the title. Buyer shall ftjrnish dosing statement. mortgage, mortgage note. security agreement, and financing statements.
t: "'I \,: 1>: J"~.\:.,. "_1\~: ' .' ^
T \ -:"'j'.' ,~"l
K. EXPENSES: State documentary stamps which are. requireqtQ be affixed to the instrument of conveyance. intangible tllK on" and recording of purchase
money mortgage to Seller. and cost of recording' any correCtHle' fr)~FJ;\Ifums stialll:ie pafd by Seller. Documentary stamps'to l:ieaHixedto the purchase money
mortgage, cost of recording the deed.andfilianCil!f~'Stlitment(:Sl'laQ~"~Y':8C1.yer"
.t""., ' 1['1 ",,' }"'>"/C:'(:::;"!. t(~'~'i~,,~'
,.
.) I ~
L. PRORA,..I'9NS: Taxes, assessments" rent, interest, iris,\:l~~nce,andpth~r~xpen~es and ,revenue of the Property shall be prorated through day prior to closing.
B.uYElr",sh{ll!,h~Me,,~t;~iPI?~\P~,Qf,:tEl.~;ii!1g, ()ver. ~l:JY}lxi~tina R>lil!i~,&~otij{l~~il!,,!~jl~!1'Jt~~,P:fqperty ."if' <Issur:nable, in whi,cheyent premiu,msislJall.,?eprorated" Cash, at
HI?s,ig~;slJ~.!J " . 'e~S1~?~i9;e~'hi;'as,rTI~Y ,,~erllq!Jired qy saidprO:~~tions;Alkprorations will be ma~e through 'day p.rior to occupancy Ifoccupancyoccu rs
~efo~e.ql~s"lsh~n'P~,RX9r~t ,ba,secfQr1JlJe (;ufrent y,~ar's tall;!I!(lth\d,Ve,~Hpl(Vance made for maximum allowable dlscountandhomestelld qrotherexemp-
tionsif~flb...~aidxear':'lfpt'6WiWgdccbfsat a date"wherl the curre'nt year'ls'rli'iIlage is not fixed, and current year's assessment is available, tax,es wilkoe prorated
baseCllilpbn;"$i:lcHf~$sessmer'T1:iand the'prior year's millage, 'Wc'ur'llent-'year'S:'SsseSSmel1t is not ava'ihibJe, then taxes will be prorated on the prior year's tax; provided,
'SSES.SMENt' LIENS:' Certi:fiei:i':t6nfirrriecf~d radflied:IiPeciai;"assessment liens as of date of closing (and not as of Effective< bate) are to be paid
$'a$'pf date of closing'shallbeas$umedbv Buyer, provided-; however, that if the improvement has been substantially completed as of Effective
~.~f~!II1: .becof,l,sidered ~ certified, confirmed. or,ratified,andSellar .shall,at closing, ,be charged an amount equal to the l.,!stes~irn!lt~:bY the
'l:llltforth.~h;nprov!llJlent. ,I .
N. fNSRECTIQN;:Rj;J?:~IR'Ai';IIp,M.tI.JNTEI\IANCE: Seller represents that, as of ten (10) days prior to closing, the roof, (including the fascia and soffits), and
walls donot:'hav!) anyvisiqje:e\(idence :ofdeak$ prdamage andthattheseptic,tank,.pool, -all major appliances,heating;;cooling, electrical, plumbing, sy.stems and
ma9~ir!)_r,Y,ar~ in"Y.or,~ing conditiCln. Buy:er,maYI:,atBlJy~r's e~ee~se, h~ve: inspection made of sai? iterrls by:an appropriately Iice~s.ed per~ordealin~ illth~ con:
stnl9ti ~9;;~~A~.ip :,~.?Ri:rIW1~te~~:?5,r,:,.~het:eofltllcl..:~~:\ri~ir,~P?:r:~:!l!l:,~ri~i~&,,,tb;,,~~;t&~r j:$\!Rh'i~~if,ls t~at clQ"r~t,m ~,!J,~' ~~e Spove rep resentati? ns ,;:oge~~ er "Yit.(l t,Il.~ ,CRst,.of
correctlngsaml:l;pri'Ortooccqi:lallcv:;?r,nctl!lssthan t~r'1'QJdays~~IOrtOClos,"9,WhI9heverOCCUr$flrst. Unless Buyer reports such deftclencleslN1thlnsald period
Buyer shal:'bE!:<iI~~ed.:t1)h!l~!\IlI~i~cI',:se.iler~1l<~!Js!Jl')tl!t1iolls(C8&;tQ..d!Jfil%i~s rw-trepol'ted.lnthe"event repairs or replacements are required, Seller shall pay up to
3% of the pu:rchaS'~) pri,ce(,f~risa:chrepail'Sudt iref!lI'atemel:!tS:b',l'Il~t1pp~()'prli~eIY rlicense~person.Howe.ver. jIflthe cost for such repairs or replacements exceed 3 %of
the purchase:pri.cePBUger)~r~~tJermay:~rec::t'totl.~($,t!9!i~'!lX~sffa'ilin'gIi\lHlcli'l!'ilher'partymay cancel tllis Contract. In the event Seller 'Is unable to correct the
deficienciesp~iclrt():g,lbsf~j:jithe:'C;ostth!lreofshall be paid 1'rl1:'81 Ei~foWlatc16sing. Selieragreesto provide utilities service for inspections upon reasonable notice.
Bet~een the Effei;:VYE! p~tEjrand~~I\l,clq,~ing,SE!tJer;shi!1I mlliQ!~~,~':1E!. ~{"p;er;tyandJ~e,so~lty in~'.l;!dJng bl,lt.not limjte~ to thela,?,n ~nd shrubbery.j~thecond.ition
,herem represe(ltf(!d. op:l.MlarY;Wear a,(ld,tear excep~d,:,eUYe!l$;I(I;~U~e P!l~mltt\!d access fo.r,''lnSpectICn.ofthll,Propeuy pr,lo,r toclosmg In order to rconflrmcompllance
with the foregoing...< ' ,I.'; .,
0, RISK OF LqS~:"I,ttR~improvernen~_ a~e tjjIm~e~~~Yttj.w~oq~tl1er~as~al~~!?ri?NO closing,andcostsC?tcTestcri~~same does~ot exceed 3% of the assessed
valuation of the improvements so damaged, cost of restoration shall be 'an Obligation afthe'Se/l'er and closing shall proceed pursuant to the terms of Contract with
cost therefor escrowed ,at'closing:Jnthe event; <the Cost !Of repaj.r::~~ ~ratiQll e'xceeds,13% of. the assessed valuation..of'trbe improvements so damaged, Buyer 'shall
have the optioli;;ofiHther tal<i'ngithe"Prcpertyas iSO.together with either die said 3% Or any insurance proceeds payable by virtue of such ,loss or damage, or of can-
celling Contrapt. ang,r!lceiyil1grllturnofdeposit(s) made hereund~r.
;.f;.'_..
i"' ,
P. PRQGeg[)~I~~iMA'12~;r6bOS't~G ;pf:i:bcsDliR E : The" cteed' itleH i ~e recorded u~on dearance".of fui1d~ancl~vid~r1ce(;j title c:ontirlLJedat i 13l.l~e~'s expehs~, .
to Showt.ii:le. in~~yer, ",!ittio~t any encumbrances or change wh ich would. render Seller.'s titl!) unrn~rketable f~()m. the, date.?f the last evidence, andthe proc~eds
of the~~le Sh~llb.~;:~el:~n!:I),~~cr9"Y~Y '~eOer~~~,\~~rn~ypr bY;;,~~h ,()ther::esC'rnW'alient as'rn~y;~~:~4'tH~rly;a~r~~d,UPO(\'~or :aqflpd' of n?t i09gerth'lIn~iye( 5Jd~ys
from' arid after closing'date;lf Seller'stifleis renderedlinmal:ketable;Suyer shall within said five (5') da'Yperidi:J; nctifySelJer in writing of the de,fect and Seller
shall have 30 day,s 'from date' ot: receipt of such., ncHficlltiol'), to, cur,e :said.' de.fect.:'~'lTlthe even1'SellerfaHs to timelyclJre.said, defect,iaH monies:pail:l hereu nder,'shall,
upcn wri~ten l:l,el'\lamjtherefor and ,within five (5) days there~fte.r, bereWrn~,p,t9J\uyer.ll(ld. simUltaneously W(thsuchrllpayment~Buyer shall vacate the Property
and reccnyey same to, the Seller by special warranty deed and return., th~P~mmllJty.,ln the event Buyer fails to make tillJl\ll.ydemand for refund, Buyer shall take
title as is, waiving all rights against Seller as to such intervening defect except as may be available to Buyer by virtue of warranties, if any, contained in the deed.
In the event a portion of the purchase price is to be derived from institutional financing or refinancing. the requirements of the lending institution as to place, time
of day and p,rcpedures for closing, and for disbursemelltJ~flTlorWageprOCeeds, shallccontrol, anything i,n this Contract to the contrary notwithstanding. Provided,
however,thai: the Seller shall have the right to rf(!quirllfrom suph lendinginstitutionatclosing acommitment that it will not withhOld disbursement of mortgage
proceeds'asa result .of any title defect attributable to BuyeNtlor!gagor,'Theescrowandl:losing procedure required by this Standard'may be waived in the event
the attorney ,title,agentor closing agent insures,against adverse matters pursuant to Section '627. 7841,F .S. (19831. as amended.
a. E,SCRG\W.::;AnYi escrclIII.agent receiving,fund$,or'equ-ivalent'is al:ltborii:edandagrees by acceptance thereof to dep,osit,promptly and to hold same in escrow
and SubjElct!~Rclearance thereof to disburse same in acebrdance with terms and conditions of the Contract. Failuret of cl~arance of funds shall not excuse perfor-
mance t1V'th~BuYer. ,In ~he eyent of d?ubt as to escrow agent's duties or liabilities underthe provisions of this Contract, the escrow agent may inagent'ssole dis-
cretion,confil'lue,tbh,pIClthe su,~ject,xT\atte.r ~'f thisescroV\j ul!til!th~ parl:{~ mutu1iTly agree to the disbursement thereof, or until a jUdgmentQf a c()urtof~ompetent
juriSdiction'~hall~ete~\,"ili,~' ,th,elig~fs;of\':Hep8rties.th"ereto~.~crow~gent maideposiuamewith the clerk of the circuit cpl.!rt havipgju,r(sl,iiction of the dispute,
and upon notif\tjn~ all parties concerned of sucha~tion, allliae'i1ity on the part ohhe escrow agent shall fully terminate,except to the extent of accounting for any
items theretdforedelivereCt oUfjifescrow. Ifalicenlled realestdte'!:irdker/tlleesdcw agem will comply with provisions of "Chapter 475, F.S: (1983), as amended. In
the eventiofinysuifbetweei'i:,E!uyerahd"Seller wherein tl\eescr'OWiJIQenl Ts Il)ad!j'apatty ,pyvirtu.e of acting as an escrow agenthere,u nder, ,or 'in theevalit ,of any su it
wherein escrow agent interpleads the subject matter of this escrow, the agent shall be entitled to recover reasonable attorney's fee and costs incurred, said fees and
costs to be charged anda~sessedascourt costs in favor of the prevailing party. All parties agree that the escrow agent shall not be liable to any party or person
wtTomsoeverfor misdelivery to Buyer or Seller of hems subject to this escrow, unless such misdelivery shall be due to willful breach of this Contract or gross negli-
gence on the :part of tl'leagent~
R. ATTORNEY FEES; COSTS: In connection with any Iitigaticn arising out ofthis Contract, the prevailing party shall be entitled to recover reasonable attorney's
fees and costs.
"'T',.:-':.,':';,-.)"C",, ,'__ "':"-':'. ,,',-,:':"',:' ,,:',':~_; ":_"",r--;",':'I""':-""'-"-"'-"":,-",, 't:'-',~: ':'~>":",_,, "'" ,,_', ,'. "::',,,' __,
S. FAI LURE OF F'E'RFORMANCE: IrBuyer'fails to perform\'tlli$'C'ontr'a6t Within ttie' time specified, (including payment of all deposits hereunder), the de-
Posit(s)paicl'byi:heB'uyer may be retained:by dr,forthe accaiihfpf:Sellens<liquidafeaClamages, considerii'tionfo [the execu.tion Of:tlais Contract and in full settle-
ment of any claims;wherellPcn, Buyer and ~e~er sl1al'lbereIiEWed-of.;a)1 obl~~~nSL!:l1derthe GO'1trac,t;,or SelleriatSeller'sioptioni may prcceed at law or in equity
to enforce Seller's legal' rights under this Contract. If, for any reason other fllah fi/irure of Seller to 'make Seller's title marketable after diligent effort, Seller fails,
neglects .or refuses tc perform this Contract, the Buyer may seek specific performance or elect to receive the return of Buyer's deposit(s) without thereby waiving
any acticn for damages re'sol'tlrtg'fromSerler's-breach. '
T. ", CONTRACT N()TRECOf'tDABLEfP~RSONS BOUND; NOTICE: Neither this Contract nor anyhotlce there~f}l1al! be record~d inanypublic records. This
Contract shall bind andinurefo thi!' berrefito'f thepartie~ hereto and their successors in interest. Whenever th~cciilte~fperr\;)ltS; singUlar shalfincll.lde plural and one
gender shal{.incllJdealJ.'N'Clti'Cegivei'fbV"oTtQ theattorheyfc;rr anyparWsh'iiltb~aseffective' as, ifgiven byoit~' saidp:arty.
;':.,.J',:",'.,i;.',' ,:",,,,':',:(,< ''':';,i_ 1':,':":--,'. ,
U.q~NYEY.4.NC!=::Seller'8hal~r<:ofWeV'WJe tothe'~rope~ bystatp'\Pry warranty; trustee; personal representative or guardian deed,as appropriate to the
statusofseUer'~llblect9nlY~Qmatyli:$:'~0.rltaii:t~d fn Parligi-apb'Vll here,df:arrdt~c~eotherwiseaccePtedbY Buyer. Perscnalty shaJl,atrequesto.f, Buyer, be conveyed
by an absclute bi/lofsale with wariantY-.cf;ti't1e, subjectto's~chmattersasimilYbe'<ltherwise provided for herein.
V. OTHER AGREEMENTS: No prior or present agreements or representations shall be binding upon Buyer or Se/lerunless included in this Contract. No
modification or changE! in this C!;>ntract shall be valid or binding upon the parties unless in writing and executed by the party or parties to be bound thereby,
Rev, 1/85
,.,.. .
I
J
ADDENDUM TO
CONTRACT FOR SALE AND PURCHASE
BETWEEN
ROBERT M. THOMPSON, JR. "Seller"
CITY OF CLEARWATER, II Buyer"
Property: Portion of Lot 5, 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 Seller to perform under said con-
tract to sale is expressly conditioned upon the following:
(a) Acquisition of the said properties, consistent with
the terms and provisions of this agreement, which Seller re-
presents he has under contract to purchase with a present
closing date scheduled on or before August.6, 1987; and
(b) Simultaneous closing with the Buyer to acquire a
portion of Lot 6, Block 5, GOULD & EWINGS 2nd ADDITION,
Plat Book H-1, Page 52, from the Buyer, consistent with
and under the terms and provisions of that certain real
estate contract executed simultaneously with this contract
of sale.
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 said contiguous lands to be appraised. The
appraisal fee therefore is $1,500, and at closing each party shall
pay 1/2 of said fee.
4. Unless the seller delivers possession of the lands to the
buyer at the time of closing, the parties shall execute a lease agree-
ment at the time of closing whereby the seller shall lease the lands
from the buyer for a term not to exceed 18 months from the date of
closing.' The lease agreement shall provide, among other things, that
the removal of the existing buildings or structures at seller's cost
and expense shall constitute sufficient consideration for the lease;
that the seller shall maintain throughout the term of the lease
adequate insurance policies against personal injury and property
damage liability, and fire and casualty losses; the seller shall
indemnify and hold harmless the buyer against all claims, damages
and losses of any kind whatsoever arising during the term of the
lease, except for claims, damages and losses resulting from the
negligence of the buyer; and such other terms and conditions as may
be agreed to by the parties; providing, however, that the unreasonable
refusal of either party to agree to the terms and condtiions of a
lease agreement prior to or at the time of closing shall constitute
an act of default by such party.
, - /,
7"7')
,_,..,. C' ~
,. ~. -
,
\0
":l.
~
'<
C',)
Y)
...
~
~
~
"::J:
~
~
N
"
.1
\1.1
~
~
,Coft\PIJTA-T\ONS Bk~~J) 0.,)
D'N\~ $ \DNS ~c."t..lC-O ~M. Al1..,..!>
A R.{.A DF lo-r b TO e.'i: ~E-11I\ I tJ lC-p
i 1< 10 K 7 0 ~ ~SO ~ . FT.
MtcC-A of Pf-1"An. Pf.oP~TV 1"0 6' M::lvlllcc t)
~ + '0 )t. \40 -::: 2800 SCl. FT.
'2..
A ~~ of loT b TO ~~ TU tJ S FE-t R.E-D
..1"~+~'1.~ .. "10 "'- 'lIDO S... fT',
~ 'P~"'ATt: P ~"E- It. T'i ...
~ LoT' '"
140' 70'
1-
\40'
ILt
\
I
1
E.. x. I 'S r 11..1 c., .
. ,
~'"" ,10 ~\
LOI
'e.,
P\(l2.C.~ ~,-
LOT
: 5 " ~ ~
~:---:----r~_.__"":,,___,._ -;';-'-_.,__ J
I .. I .. '.,. .......
-- - ---- _.- .
-,
'"'-
"
~)
.....
~
~
~
pf!.a fa 5 ED
,
~
..
P I f RC, ('; '5 r
~'"
(.,' :
~' -:' -.:.~:~~:
, "-< - ~.
, "'",
. . ,
.. '\
~
,-
C;,
i~
c
,
i
A/'/' u, II), I~ 1:7