The URL can be used to link to this page

JOHN & ELIZABETH MANCINI .,.....1. ~ CE~TURY TITLE AND ABSTR1\CT, INC. . . 1.",~ 1250 ROGERS 3TREET. SUITE "A" 2308 STATE ROAD::; 580 CLEARWATER:FLORIDA 33516 SUITE # 2 \813) 447-641 I CLEARWATER, FLORIDA 33515 PHONE (813) 796-4445 JOHN W. (sue) JOHNSON Prasl-:lent RECEIVE., September 16, 1980 SEP 17 1980 mY,ATTORNEI Mr. Thomas A.. Bustin, City Attorney CrTY OF CLEARWATER. P. O. Box 4748 Clea.rwater, Florida 33518 Dear Mr. Bustin; Re: Our File /111,192 Lots 5, 6 and 7, R1k.; 7, GOULD AND EWING FIRST ADD. TO CLEARWATER HARBOR City of Clearwater/Mancini Please find enclosed the original recorded mortgage ~ covering the. recent sale of property as listed above. We appreciate this opportunity to have been of service, Should you have need for same in the future, please do not hesitate to contact us:.. Yours very truly. ,? uy . INC. Ija Ene.. ~ I' ~ :;L/ \ ,-' '\- " ~),~~".j / !) ,/ .,../' corporation, called the Mortgagee, 01 Ca<;h 11 Chg- 4i~ R,c PCl...OU 41 ~', ,-2$. ~(L_ 4;) I'J1. <?.3~\.Q{),.- !.I>."""__:/l':....,_a_.-.:.~~ lot V 3K'~S Hundred Ninet~en Thousand Dollars ($119,000.00) to it in hand paid by the -= ..i. . p' .,: .":,;"'~,.~~'.~l:::::,; -,,"_'" . a ,~'4EL ;.,_t,;.:; "!: ':;. ,r~, t:it~.i (1..\,~ ~_...~~f(/~~ CU:H~ CiRCU:/il' CO:'JKi' 1 U sa AH~8Q ~ 00' .~:~ ~ e"'<ji' ',~ ..001:- \ 'U ~ "'<ji CO~' ~~,~rci 0<1 >>iXI cQ p.~ .<:'0 i~ {:) 0 "'1 P. . "t:l w:i'"'" ';:::1 c: ..... ,~ 01 f;; [;.., ~ ~\ [fJ. +>' ~;;::J ~ ~1 0~ fi=$i ~2 . ~ ~. ;~ .,r. O.l :::1 H .. ~ 1-4\ t; 'n U 'IS ~::..,.. '+-l ~I ... ~ 00] .~? :>. ,., 0 +> 8:r:lO E-'I 1 , 80117373 o.R.5 054 PAGE 2049 MORTGAGE DEED THIS INDENTURE, made this 30th day of , A. D. , May 1980 between JOHN MANCINI and ELIZABETH MANCINI, husband and wife, called the Mortgagor, and the CITY OF CLEARWATER, tl<bN!J!ID ~~Qim~!~~~ g,l, A~ ~O,' ~f T '8, I5IJIJS'f~ IJ;as.oa '~~i .. c, 43EJ. elQ OK ; ''',.'''''',<. l 111, I WITNESSETH: That the said Mortgagor for and in consideration of the sum of One said Mortgagee, the receipt whereof is hereby acknowledged, has granted, bargained and sold to the said Mortgagee, the following described land situate, lying and being in the County of Pinellas, State of Florida, to wit: Lots 5, 6, & 7, Block 7, GOULD AND EWING FIRST ADDITION TO CLEARWATER HARBOR, as recorded in Plat Book 1, Page 24, of the Public Records of Hillsborough County, Florida, of which Pinellas County was once a part, and the following described lands: Commencing at the Southwest corner of Lot 7, Block 7, GOULD AND EWING FIRST ADDITION TO CLEARWATER HARBOR, as recorded in Plat Book 1, Page 24 of the Public Records of Hillsborough County, Florida, of which Pinellas County was once a part; thence traverse S 89- 13'00" E, 113.44 feet along the South line of Lot 7 to the Point of Beginning; thence N 04051121" E, 67.74 feet along the East line of lots 6 & 7 to a point; then S 89Q 13'00" E, 119.04 feet to a point on the West line of the Nall Mortonson Sub., as recorded in Plat Book 21, Page 8; thence S 04050'24" W, 73.41 feet along the West line of the Nall Mortonson Sub., thence N 87049'19" W, 118.89 feet, thence N 04051'2111 E, 2. 76 feet to the Point of Beginning. Containing. 607 acres more or less, together with the properties shown as parcels 1 & 2 on the attached survey, sheet 1 of 2, prepared by Curtis J. Deyoung on July 27, 1979, as shown on attached Exhibit A. (This is a Purchase Money Mortgage) and the said Mortgagor does hereby fully warrant the title to said land and will :;;~~.~ I"""'" ~~t~ r c::.;".1 ~, , Q ~ (~ = defend the same against the lawful claims of all persons whomsoever. PROVIDED ALWA YS, that if said Mortgagor shall pay to the said Mortgagee a certain promissory note, copy of which is attached hereto, and shall perform and comply with each and every stipulation, agreement and covenant of said note and of this mortgage, then this mortgage and the estate hereby created shall be void, otherwise the same shall remain in full force and effect. And the said Mortgagor covenants to pay the interest and principal promptly when due; and to pay the taxes and assessments on said property. Should any of the above covenants be broken, then said note and all moneys secured hereby shall without demand, if the Mortgagee so elects, - 1 - !.2-()I't-()L( (,) 1 , O.R. 505 4: P~GE 2050 at once become due and payable and the mortgage be foreclosed, and all costs and expenses of collection of said moneys by foreclosure or otherwise, including attorney's fees, shall be paid by the Mortgagor, and the same are hereby secured. Mortgagor shall promptly pay when due the principal of and interest on the indebtedness evidenced by the Note, prepayment and late charges as pro- vided in the Note, and the principal of and interest on any future advances secured by this Mortgage. Mortgagor shall promptly pay all taxes, assessments and other charges, fines and impositions attributable to the property which may attain a priority over this Mortgage. Mortgagor shall keep the property in good repair and shall not commit waste or permit impairment or deterioration of the property. Extension of the time for payment or modification of amortization of the sums secured by this Mortgage granted by Mortgagee to any successor in interest of Mortgagor shall not operate to release, in any manner, the liability of the original Mortgagor and Mortgagor1s successors in interest. Mortgagee shall not be required to commence proceedings against such successor or refuse to extend time for payment or otherwise modify amortization of the sums secured by this Mortgage by reason of any demand .made by the original Mortgagor and Mortgagor's successors in interest. Any forbearance by Mortgagee in exercising any right or remedy here- under, or otherwise afforded by applicable law, shall not be a waiver of or preclude the exercise of any such right or remedy. The procurement of insurance or the payment of taxes or other liens or charges by Mortgagee shall not be a wavier of Mortgagee's right to accelerate the maturity of the indebtedness secured by this Mortgage. All remedies provided in this Mortgage are distinct and cumulative to any other right or remedy under this Mortgage or afforded by law or equity, and may be exercised concurrently, independently or successively. - 2 - -t," \- STATE OF FLORTtfAl ,~ !)OClJi-,'Et~lAR'r:>:--..;,~-;_-~:.~~,. 51 A Fit P 1 A X I "-I rJE-IJ-~---O-f' 'R' r:"EN'I~-,,-:1';',!~-:"~-:'\--'----' :_ - ~ I . \., " ..: .. "~'-'I " <<;,'", - ""-,:, :'.' ~ ': PEL::: AUG-I'80 1< :':~'~':'> ! 7 B. 5 :J! 'q ::::: I:: :,,:.. -.."; > ~;~~ :""0 ;;:u 1 , O.R. 5 0 5 ~ P~GE 2051 The covenants and agreements herein contained shall bind, and the rights hereunder shall inure to, the respective succes sors and assigns of Mortgagee and Mortgagor, subject to the provisions contained herein. All covenants and agreements of Mortgagor shall be joint and several. If all or any part of the property or an interest therein is sold or transferred by Mortgagor without Mortgagee's prior written consent, excluding (a) the creation of a lien or encumbrance subordinate to this Mortgage, (b) the creation of a purchase money security interest for household appliances, (c) a transfer by devise, descent or by operation of law upon the death of a joint tenant or (d) the grant of any leasehold interest of three years or less not containing an option to purchase, Mortgagee, in the event that any sale of the property does not result in a full satisfaction of this mortgage, shall be entitled to look to either Mortgagors or the Purchas er for continued payment of the Mortgage, and additionally shall be entitled to receive from the date of such sale either the rate of interest set forth for this Mortgage or the current rate of interest being charged at the time of sale, as determined from the Barnett Bank, whichever rate of interest is greater. Except as provided herein, upon Mortgagor's breach of any covenant or agreement of Mortgagor in this Mortgage, including the covenants to pay when due any sums secured by this Mortgage, Mortgagee prior to acceleration shall mail notice to Mortgagor as provided herein specifying: (1) the breach; (2) the action required to cure such breach; (3) a date, not less than 30 days from the date the notice is mailed to Mortgagor, by which such breach must be cured; and (4) that failure to cure such breach on or before the date specified in the notice may result in acceleration of the sums secured by this Mortgage, . foreclosure by judicial proceeding and sale of the property. The - 3- 1 , a.R.5 0 5 qPAGE 2052 notice shall further inform Mortgagor of the right to reinstate after acceleration and. the right to assert in the foreclosure proceeding the non-existence of a default or any other defense of Mortgagor to acceleration and foreclosure. If the breach is not cured on or before the date specified in the notice, Mortgagee at Mortgagee's option may declare all of the sums secured by this Mortgage to be immediately due and payable without further demand and may foreclose this Mortgage by judicial proceeding. Mortgagee shall be entitled to collect in such proceeding all expenses of foreclosure, including, but not limited to, reasonable attorney's fees, and costs of documentary evidence, abstracts and title reports. Upon payment of all sums secured by this Mortgage, Mortgagee shall release this Mortgage without charge to the Mortgagor. Mortgagor shall pay all costs of recordation, if any. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. ~" 'wi C~_________ John Mancini ,"1, f)!u Y.,~, '/. >/1 ,1;/~I/l~/ //7 U 'I)Z,,{/ .-{' -: ,d f - e;l - ~t'?it..j(Li:J< ,," 7'~->2~-'~ E "zabeth Mancini STATE OF FLORIDA COUNTY OF PINELLAS q ,(I I HEREBY CERTIFY that on this -./ '~day of }(lnC , A.D., 1980, before me personally appeared JOHN MANCINI and ELIZABETH MANCINI, to me known to be the individual described in and who executed the foregoing Mortgage and they acknowledged before me that they executed the same freely and voluntarily for the purposes therein expressed. WITNESS my hand and official seal at the State and County last. aforesaid, on the date above shown. My commission expires: Nutari Public, St3tc of F:orida c:t L<l~g~ My Commission Expires ,'.lay 25, 19iH ~Qnded By American Fire -&- Caoiualty CCinpa,l,J,,' P bl"::-:-' - ry u ~..,;-/ '~l ! s- - ~ . - 0;;:.. Q := g ~~~ ' 'C~,\ ',~\ ~I~ ,~~ ':-.0."0. -~:'_:i ,<~' ~,"":"~ ,"';', ~""'"~.. .~" -~ " 'I " ~\.'l- '. ~ \ ' - 4 - I , O.R. 5 0 5 ~ PAGE 20 53 PRO:MISSOR Y NOTE $119,000.00 .. lyjO) , 1980 ON OR BEFORE Eighteen (18) months from this date, JOHN MANCINI and ELIZABETH MANCINI, his wife, promise to pay to the order of the CITY OF CLEARWATER, FLORIDA, a municipal corporation, at such place as the payee may designate, the principal sum of ONE HUNDRED NINETEEN THOUSAND DOLLARS ($119,000.00), together with interest on the unpaid balance at 14.5 percent per annum payable as follows: Interest only due one year from date; principal and int~rest due eighteen months from date. All or any part of the principal of this obligation may be prepaid without penalty and with interest to date of payment only. This note is secured by a mortgage of even date, and the same is incorporated by reference herein. Should it become necessary to collect this note through an attorney, John Mancini and Elizabeth Mancini, his wife, agrees to pay all costs of such collection, including a reasonable atto rney' s fee. Failure of the City of Clearwater to assert or exercise any right guaranteed herein shall not operate as a waiver thereof, or shall it constitute a defense to any action initiated by the City of Clearwater to enforce any of its rights under this note or the accompanying mortgage. ~~-,)11 c2_ , J od:~anc~ni I ,,_ ~ J!~~~) Eliza~h Mancini ---- ~-''')___-c..'-",-._/ _ A -' n.R. 0 56 ,aGE 2 0 5 ~ s ~ ~ETCH OF PARCEL~ TD BE VACA,.e.t::> OR GUll CL"'ME D 04- 60 z.... e. I Z ---:::ft---'_. -'- tti - - \IJ ~ G' 'If ~ ~ \(l I) if) ~ U - nI. D 2 uJ :::r N 04 S7 S<. e. -- 1.G.7~-r- (p~' - ,.. -. lri tII ... w 5 fIJ 0 " ... ~ I) cP I f>A~c..E.L 1- TO e>E. VAC.ATE.D I I I I I (0 BLOCK 7 f I GauL D FI~T I I A~D FWI f...J G ADDlTIO"-l I I E- 150.00' F.C.M, GARDEN A'JE. I hereby certify that the survey represented hereon me.t. the minimumrequiremerif4 adopted by the F.S.P.LS. and tM/-F.L.T.A. - ~ -J V) 00 <tJ < DeYoung a Associates, Inc. Engineers -5 urveyors ~32 s. FT. HARRISON NE. - CLEARWATER, FLA. 33516 SURVEY FOR: C\1Y OF C.LEARWATE-R ORDERED BY: Po. *558&0 SURVEY DATE: 7/Z.7/79 SCALE: ,'~ 30 SHE~T I OF L .'! .". ~. 'r ~ ~. o.R.505~ P1GE 2055 PARCEL ONE Comaencing at the Southwest corner of Lot 7, Block 7, GOULD AND EWING FIRST ADDITION TO CLEARWATER HAR80R as recordedin Plat Book 1, Page 24 of the Public Records ot Hilbborough County, Florida, of which Pinel1as County was once a part, said point being the Point of Begin- ning; thence S 89" 13' 00" E, 113.44 feet along the South line of Lot 7; thence S 040 51' 21" W, 2.76 feet; thence N 870 49' 19" W, 113.28 feet to the Point of Reeinning. Containing .0036 Acres more or less. PARCEL TWO Coqmencing at the Southwest corner of Lot 7, Block 7, GOULD AND EWING FtasT ADDITION TO CLEARWATER HARBOR as recorded in Plat Book 1, Page 24 of the Public Records of Hillsborough County, Florida, of which Pinellas County was once a part; thence S 890 13' 00" E, 113.44 feet along t~ South line of Lot 7; thence N 040 51' 21" E, 67.74 feet along the East line of Lot 7 to the Point of Beginning; thence continue N 040 51' 21"E, 81.68 feet; thence S 880 47' 08" E, 1.81 feet; thence S 040 57' 56" liI, 81.68 feet; thence N 890 13' 00" W. 1.67 feet to the Point of Beginning. Containing .0033 Acres more or less. , ...., C<<tlfy thIt ... IUt'VIy r.....ftt84 ......,...... tile mI~::.~'<.....tI" _ the F.S:~S:CJft(t~~ f.L T.A. I> DeYoung a Associates, Inc. ERg inee r s - 5 ur veyor s 532 s. FT. KARRtSON M..- CLEARWATER, FLA. 33516 SURVEY FOR: CITY OF C LEA~WATE R OIIOEREO BY: P.O~5SB8~ SURVEY DATE: 7 k.1/79 SCALE ~~E. CURTIS Ftcll'ldo No. 2$13 SLtE.E.T E:. fFl. , ,_j;" 'r~ CITY OF CLEARWATI~R DEED OF CONVEYANCE STATE OF FLORIDA COUNTY OF PINELLAS } TillS INDENTURE, made the ____~_~~__ day of ________M_C!y_______________________-, A. D. 19_~Q--, between the CITY OF CLEARWATER, FLORIDA, a municipal corporation, party of the first part, and _E l.t7. A ~ETHMAN.CINI.__________________ and JOHN MANCINI -------------------------- ---- ----------------------------------------..---------________, of the County of _P.iDA11a.._____________ _ __ and State. of ___I'lQJ.:lg,@.________________, part__Y___ of the second part, WITNESSETH, That the party of the first part, for and in consideration ?f the sum of --T_eJ1~_~_~~_~_~~_~~__Dollars and other good and valuable ,consideration to it in hand paid by said part-J------ of the second part, at or before the ensealing and delivery of these presents, the receipt whereof is hereby acknowledged, has granted, bargained, sold, conveyed and confirmed unto the said parL-Y:..~__-, of the second part, and to _AeX_________ heirs and assigns forever, all the following piece, parcel, lot or tract of land, situate, lying and being in the County of Pinellas and State of Florida, and described as follows, to-wit: Lot 5, 6, & 7, Block 7, GOULD AND EWING FIRST ADDITION TO CLEARWA TER HARBOR, as recorded in Plat Book 1, Page Z4 of the Public Records of Hillsborough County, Florida, of which Pinellas County was once a part,' and the following described lands: Commencing at the Southwest corner of Lot 7; Block 7, GOULD AND EWING FIRST ADDITION TO CLEARWATER HARBOR, as recorded in Plat Book 1, Page Z4 of the Public Records of HUIsborough County, Fb rida, of which Pinellas County was once a part; thence traverse S 89013'00"E, 113.44 feet along'the South line of Lot 7 to the Point of Beginning; thence N 040 Sl'Zl" E, 67. 74 feet along the East line of loh 6& 7 to a point; then S 89013'00" Ell 119.04 feet to a point on the West line of the Nall Mortonson Sub., as recorded in Plat Book 21, Page 8; thence S 040 SO'Z4" W, 73."1 feet along the Westline of the Nall Mortonson Sub., thence N 87049'19" W, 118.89 feet, thence N 040S1'Zl" E, 2.76 feet to the Point of Beginning. Containing. 607 acres more or Ie.., together with the properties shown a. parcels 1 It 2 on the attached survey, sheet 1 of Z, prepared by Curtis J. Deyoung on July Z7, 1979, as shown on attached Exhibit A. TOGETHER WITH all and singular the tenements, hereditaments and appurtenances thereunto belonging or appertaining; and every right, title or interest, legal or equitable, of the said party of the first part of, in and to the same. TO HAVE AND TO HOLD the same unto the said parLY--_____of the second part, -...he~- heirs and, assigns, to ____________ own proper use, benefit and behoof forever. IN WITNESS WHEREOF, the said party of the first part has caused these presents to be executed in its n<;1me by its City ;\1anager, City, Clerk, countersigned by its Mayor-Commissioner, and. approved as to form and correctness by its City Attorney, and its corporate seal to be hereunto attached, the day and year first above written. CITY OF CLEARWATER, FLORIDA Countersigned: /s/ Elizabeth S. Haeseker By: ___________________________________________________~_______ Acting City l\!<;1nager /s/ Charles F. LeCher ---------------------------------------------------------------- Attest: l~_LJ~lJ_CliH~_W.UU~J;XlJ:! __ _ _ ___ _ _ __ __ ________ __ ___ City Clerk ~1ayor.Commissioner Signed, scaled and delivercd in presence of: /s/ Betty A. Russell __ _ _ __ _ _ _ _ _ _ J. ~_~ _ ~_~ ~ y_ _~_<:!?~~_~~~~_ _ _ _ __ _ _ _ __ _______ '. Approved as to form :lnd correctncss: /s/ Thomas A. Bustin City Attorney - ~ ( ~ ;/ ~ " J , } WITNESS my signature and official seal at Clearwater in the County of Pinellas and State of Florida, the day and year last above written. /s/ Betty A. Russell ---------------------------------------------------------------- Notary Public State of Florida at Large My Commission Expires: Aug. 1, 1982 ~. ~ I -~ J,). AMENDMENT TO CONTRACT CITY OF CLEARWATER, SELLER TO ELIZABETH MANCINI, BUYER For Ten and No/I00 ($10.00) Dollars and other valuable considerations, the undersigned parties amend the real estate contract between them, for the sale and purchase of the property known as the fire station, located on North Garden Avenue, as follows: 1. Closing shall be on or before March 20, 1980; provided, the Purchaser may extend the closing date until September 1, 1980 by depositing an additional $7,000.00 on or before March 15, 1980 with McMullen, Everett, Logan, Marquardt and Cline, P. A. ~. In the event, at time of closing, repairs to be done to the building exceed 5% of the purchase price, Purchaser shall have the option of receiving a credit of 5% against the purchase price and closing by accepting the property in its then condition, or Purchaser may cancel the Contract and the deposit monies shall be refunded. 3. Purchaser shall have the right, but not the obligation, to perform cosmetic work, maintenance and repair on said premis es prior to closing hereunder so long as such work and changes do not adversely affect the building structure or roof. 4. Except as herein amended, the agreement between the parties remains the same. IN WITNESS WHEREOF, the parties hereto have set their hands and seals this c:Vol:hday of~ , 19.22..... By SEAL) City anager- cL~ t~.:.:.- City Clerk '~ (SEAL) & Attest: ~ ' Elizabeth Mancini (SEAL) (:') ~' c . ' , -~ I a .. '.' REAL ESTATE CONTRACT THIS AGREEMENT made and entered into this I~ru day of I:k-cEH~ , 19~, between CITY OF CLEARWATER hereinafter r€ferred to as "Seller" and ELIZABETH MANCINI hereinafter referred to as "Purchaser" . WIT N E SSE T H: That in consideration of the mutual promises and covenants herein contained, and other valuable considerations passing between the parties hereto, the Seller agrees to sell and the Purchaser agrees to buy the following described property situate, lying and being in Pinellas County, Florida: Lot 5, 6, & 7, Block 7, GOULD AND EWING FIRST ADDITION TO CLEARWATER HARBORr as recorded in Plat Book 1, Page 24 of the Public Records of Hillsborough County, Florida, of which Pinellas County was once a part, and the following described lands: Commencing at the Southwest corner of Lot 7, Block 7, GOULD AND EWING FIRST ADDITION TO CLEARWATER HARBOR, as recorded in Plat Book 1, Page 24 of the Public Records of Hillsborough County, Florida, of which Pinellas County was once a part; thence traverse S 89013'00" E, 113.44 feet along the South line of Lot 7 to the Point of Beginning; thence N 04051'21" E, 67.74 feet along the East line of lots 6 & 7 to a point; then S 89013'00" E, 119.04 feet to a point on the West line of the NaIl Mortonson Sub., as recorded in Plat Book 21, Page 8; thence S 04050'24" W, 73.41 feet along the West line of the NaIl Mortonson Sub., thence N 87049'19" W, 118.89 feet, thence N 04051'21" E, 2.76 feet to the Point of Beginning. Containing .607 acres more or less, together with the properties shown as parcels 1 & 2 on the attached survey, sheet 1 of 2, prepared by Curtis J. Deyoung on July 27, 1979, as shown on attached Exhibit A. This property is also known as: The Old Clearwater Fire Station and Jail, located at the intersection of Garden Avenue and Hendricks Street. The roof, glass and structure shall not have any defects which would cause or allow leaking as of date of execution of this 1': / /:).C' ' icontract. { r .' Purchaser may, at his expense, upon reasonable notice, inspect, or have inspected, the premises within two (2) weeks after the execution of this contract, to determine that the roof and structure are sound. Defective matters shall be remedied at Seller's expense; provided if estimated repairs shall exceed 5% of the contract ;..... . repairs shall exceed 5% of the contract price, Seller shall not be obligated to perform said repairs and this contract shall be void. Purchase Price. The total purchase price of said property shall be the sum of $140,000.00, payable at the times and in the manner following: a. $7,000.00, upon the execution of this agreement. Said deposit will apply against the purchase price. Said deposit to be held by McMullen, Everett, Logan, Marquardt & Cline, P.A., pending closing, and shall be deposited in an interest bearing account, interest to be credited to Purchaser. b. Subject to Purchaser obtaining a mortgage for 80% of the purchase price at interest not to exceed 15% per annum. c. Mortgage proceeds and balance in cash or cash equivalent, subject to adjustments and prorations, due at closing: $133,000.00. Conveyance. The Seller promises to convey to the Purchaser by good and sufficient Fee Simple Deed containing a fee simple, marketable title to the real estate above described, free and clear of all encumbrances whatsoever, except as herein otherwise provided. Title Insurance. The Seller agrees, at Seller's expense, to deliver to Purchaser, within forty-five (45) days of the date of this agreement, a commitment for title insurance in the amount of the purchase price, which commitment shall show a marketable, unencumbered, fee simple title to said property in the Seller, except as herein otherwise provided. The Purchaser shall have fifteen (15) days after the delivery of said commitment for the examination thereof, and within said period shall notify the Seller in writing of any objections to said title. If this notification is not given within said period of time, then said title shall be conclusively deemed to be acceptable to the Purchaser. In the even t that the title to the Seller is not good and marketable, the Seller -2- - Time of Payment. The time of payment shall be of the essence hereof, and upon default in payment of any part of the purchase money which is due at or before closing, the Seller may rescind this contract, and any cash consideration paid hereunder shall be transferred to the Seller as liquidated damages, and thereupon this contract shall be null and void. Survey. The Seller shall provide Purchaser with a survey of said property by a registered land surveyor within forty-five (45) days of the date of scheduled closing of this agreement, such survey to be at Seller's expense. If the survey shows any encroachments on the land herein described or that the improvements located on the land herein described encroach on other lands, written notice to that effect shall be given the Seller by the Purchaser within fifteen (15) days of the date of receipt and Seller shall have sixty (60) days to remove such encroachments. Upon failure of the Seller to remove the encroachments within said period of time, then the deposit this day paid shall at the option of the Purchaser be returned to Purchaser upon demand, all rights and liabilities arising hereunder shall terminate, or Purchaser may, at his option, close this transaction in the same manner as if no such defect had been found. Obligations and Benefits. The obligations and benefits under this contract shall extend to the personal representatives, heirs and assigns of the respective parties hereto. Supersedes Other Agreements. This agreement is the total agreement of the parties and supersedes and takes the place of any prior agreements, written or oral, previously entered into. Termite Inspection. Purchaser may have the improvements located on the above described property examined by a licensed exterminator to ascertain whether or not the same have been damaged by or are now infested with destructive insects, agencies or pigeons. In the event any damage, infestation or infection is found, Seller shall, prior to closing, repair such damage and cure such infestation. If said repairing and curing cannot be completed prior to the date set ~t.f - . . , ~ I I . for closing, the closing date shall be extended for up to an additional thirty (30) days to allow said repairing and curing to be completed. If Seller fails to complet,e the necessary curing and repairing within the time above limited, then Purchaser shall have the option of cancelling this contract. In such event the aforesaid deposit shall be returned to Purchaser and the contract shall be null and void. Broker's Compensation. Real estate commissions shall be paid by Purchaser, and are covered by separate agreement. Miscellaneous. 1. Seller represents that the zoning and land use plan designation for the subject properties allows development under commercial zoning ordinances for a building up to 17,000 square feet in size, and that no variances are required for development and improvement of said properties for commercial purposes for building of this size, which representations include, but are not limited to, the representation that there is sufficient parking area per city ordinances and there are no restrictions pertaining to set-backs or storm water retention which would preclude this property being renovated and developed to a 17,000 square foot building, any additional footage to reach said size to be obtained by squaring-off the southeast corner of said building, as shown on the plats attached hereto as Exhibit B. 2. That the existing fire escapes meet, and are acceptable for, existing fire code requirements, so that Purchaser shall not have to incur additional expense regarding exterior fire escapes. 3. That Purchaser shall have access to the premises prior to closing. 4. The city will bring all utilities, including but not limited to sewer, water and utility services, up to code requirements and to sufficient capacity for a 17,000 square foot commercial building under the floor or slab of the building prior to closing; all costs and expenses for bringing said utilities up to ~5 ._-" .. ~., l I -:. .\ ~ . ~ I code, above the floor or slab shall be the responsibility of Purchaser following closing. Purchaser shall have the right to inspect said utilities under slab prior to closing to confirm that they do meet code and can service a 17,000 square foot commercial building. subject properties, and Seller represents that there are no 5. The attached surveys show no easements affecting the easements of any kind on said described properties. limited to, the ability to use said premises for a restaurant, 6. Commercial usage as used herein includes, but is not professional and business offices, and retail sales, in addition to the uses specified in existing zoning ordinances for commercial- business zoning in the City of Clearwater. Seller represents that it will not initiate any rezoning or amendments to its land use plan which would alter existing zoning and allowed usage in any way for a period of at lease one (1) year following closing hereunder. 7. The representations contained in this agreement as to zoning, land use plans, variances, special exceptions, easements and underground utilities, and fire code and expansion shall survive closing. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. Signed, Sealed and Delivered In the Presence of: By :rJC'rr\r"I'"\nl ~ . ~. (j~)) ~ ~ n As to "Purchaser" City Ma ,er .. Attest: ~~L ~.e.~ . ,. ,Clty Clerk C'~_' Eliz eth Mancini -6- - .' '.. ~ ~ I c. , s\ ~' 't' \ oj! II) I I c()1 ([;1 ') <.. 5KE TCI-I OF PARCEL~ TO BE VACA"TE..D OR QUII CL~'ME. D Z -=:.7/--------- N 04- €I0 2.4- E. 75. (J' (p GO UJ ~ G" , . "Iif en C"" iJ c{)_ Jl ,.... ~ N sJ II ~ (\j r:i. I:\l D -:1 uJ :J /- PA~E.L t.. -7._'::,o19S~~fl~::,IMED os. c~ j 2.1"\N -- ~ I . (.,f!:, ~S~E. F.e. M. - lI:l ,... - I I ,- i v; N - w (/) o 5 "" .... ctJ ~ cP I GaUL D FI~T 1 1.1..7_ ---r- (p~' -,'. I PA~CE.L 1- TO- ~E. V AC AT E...D I I 1 If) - 'W f 31 01 01 ~I I ... BLOC K 7 A~ D F'v\J \ f.-J G ADD\"T\O"-J ! F.C.M. N 00 1:./ ~:, E- 150.00' GARDEN I hereby certify that the survey represented hereon meets the minimum requirements adopted by the F.S.P.L.S. and the F.L.T.A. / " '"'\ " /. I I! \ ! . '. \: (. - J. ( )~I/'>..... A 1-1",-://-:-', U v '. CURTIS J.~EYOUNG \ '. Registered Land Su~yor\ i \ Florida No. 2573 --.' "-.J '\ , E..c-:~ "". .. AJc., DeYoung a Associates, Inc. Engineers - Surveyors 532 s. FT HARRISON AVE.- CLEARWATER, FLA. 33516 SURVEY FOR: C\lY CF C.LEARWATE:. i<. ORDERED BY: PO "'5588<:0 SURVEY DATE: 7/c.7/79 SCALE: ,.: 30 E~\~\\" A sttEE:.~1 OF~ A~D FW\ "-JG AbD\ T I O"-J 1 ". ,c ~ETCH OF PARCEL~ TD BE VACA'Te.D OR QUIT CL~'ME. D --- --==C-==-::'::J-/-' z N 04 575<.. E. -- 10 ,... - Iri 1\.1 - w 5 dJ 0 ,... ... (/J ~ cf) Co BLOC K 7 I GaUL D FIR~T I I ~I J ~I ) :1 0Cl :( N 04- s.o z.~ E. I 7~, 1.1.7.' (p 7 74 ' -r- -- f1' <>> GO - - UJ ~ 0" 'If f:: c-- ({I t) c/l_ VI ,... ::c N u Ji\ n/. D 2. uJ =r J._~~RC.~ 1- TD e,E. VACATE..D I I I I I -7 - F.C.M. I N DO t:./ ?>"'!J E- \50.00' GAR DEM A'.JE. I hereby certify that the survey represented hereon meets the minimum requirement. adopted by the F.S.P.L$.dna .the_ ,Fl..T.A. DeYoung a Associates, Inc. Engineers -Surveyors 532 S. FT. HARRISON AVE.- CLEARWATER, FLA. 33516 SURVEY FOR: C\1Y OF C.LEARWATE.I<.. ORDERED BY: P- 0. #5588<0 SURVEY DATE: 7/~7/79 SCALE: "":3D cG-n-. E~,~\\" A SHEE.T I OF c.. 5 5 , ~. 1~ ~' " It) If') rr~ ~:r,O~ I 25.375 ' " i ." "7q ;zo: :.liS I 7'> j 35 Il'I OR. ~8'5 ~ ;g 'N. n " ~ : 2 CD <) 7 ~" "" ..~ o () z i(~,. ~ 9 5 5 ! :) D :) t:: f) r.J > <t ~ ::( n n z. ; o :> (f) 0::: 0:: <t :c ~) )-: 0:: o LL -<OJ cd J o 0) ~HENDRI~~S .. S1:-...,~.!l , 0-' ll. ":"0 \. ~ 35 \,SI.. 13:1. \. 1'-5' \7", \. $, ~ P - /2.37 / .,,. '5" 142.6 I B3 ~& I I 33 I I ktl I "':... 00" I ~~: c-1 I "'-. . . a:.. I I ~c:i'" ;;. 3 tTJ - 5 h 6 7 7S If') It) o VI 15 I' J 2 3 4 ..~ ~ 5 6 ~ o CD '" '" '" III o I'"l N ,. ~ > ::: ~ en ~ : 1 .~ - o CD - .:. I=: ~ ~g 35 ,;liS I 2 3 4 4'- 1'10 I . " 2.-4~ _ .:l.... \-8' ,,'2.3' /1'73 ....... _,&1 unr::vw OR 18~~O; ! PO. 650 Z7. Z:) 24.05 12" N 50 :23.26 8" E 22.96 8" W '70 . -[27.85 24.53 .. 0' ~ 33.59 30.13 I 10 .Jb.-z.e I~. ~ "'/0 ~ ~ o,s / .t."L/~ I() q S" "' __S" or'" ~~_ If') S. R. 590 "- 1.q~.87 a" h .' " 0." 1585"- 0... 15 ... '" 472 PG 4' 8' !..t. /S'. ST 'l /,-7 ''lO.'li ." ;r 0.11.1778 I ~ Pli. 194 0.R. 1881 7 PG.6!1O ;- ~ , 1~ ~ ~ 2 137 !IO 9 8 7 f ~ 9 6 N ~n.1 1e."Z'S ., o .Q 10 ~ o 1''' 19 ... = ,,- <08@'.' 35 ~: '.':~ ~ @~ 3pF((,p ~-=-:.~~~ M4~B ~ ~. _ -<~~~~ V ~~ ~~~ ~ ~~ ~~S~~~ ~~~~ '-~~~ ~~ "'" ~ l"I/.;;q " ;l,~:I. '%"'1 " .,.2.<\ \. I.~ 0: 0 GI Z ("q 7 1: ~. 7 I a I R.O.W. O.R 4151 It) P.692 a:: 5 3 I "lo.!i SL1f3 .JEC T o o o 0: I~ ,. .-- . . 4 - C I'l o ., II.. ,r" ." "lS.S So o 111 -" CD 't8.7:, I ~:r, ~o 2 8::' ~= ~~ 15 . ...J . U crj 13 ~ !! 14 z ~ 0:: ~g )-- <t ~ I ~ ..-~ ~" <<, @ ~ .. I~ ;J " 3D: ...., 'l1,l.8 3 ~ 0 (>..... ' .<?~q~,,- - LAURA ST. :'8' ~/S/L AU R A " un. 'Z.'S"Z- \ \ e~ -c, ~eo }~ -so I I a. O.R. 3896-Pg 276 \ O.R. 3473 p~ 9 OJ/ V~8.721 ,. v)l/ l26.55 .;::,'9/ III ~'9 / c~ ~ 6 ; 5 _G::/ /,,~ v". ~ ~ <<; /cv '~ 7/A.. ~~."qj // fil'v~c~ - /~+~*"~c I ~c~ o 10 ~~ 1 ~ '" : :3 N ~ Q -~ 3i1n ,. "Z ri "~w Q ". \.0 10, ..... 0:: <t " (!), -- '10.9 o .. 4 /.::"\. 87~ 5 83.03 6 :4 I~ ! \5l I . 112.(" .' "~ ' , 1.',,"/ o .. l .... II .. .. ... ~ .." ~ ~ ~ ~ :I..., ., .....P' ...... Z 7'.01 '- 0 "... e\l) 7 ~ 6tf :. - ~ 78./~ '" " ':I;l !I C ,. .;.." a. "" ~- . . H. : 5~~~ ~~8~9 .. ai !.5 Ot 921.7 31.7 l~a60 L : [28.62 ST l24.34 n ~ 23.23 h . ( .AU _/ ;p~ 50 io II) 8 ~ 9 10 ; f I o o .4 CD CD cOO ~ ~ to ~ 120 l.,. ..;c Z~ CLEVELAND S. R. 15'~ 15"_ 2() :U.1I 15 70 o '7" III .., III W) ': " Cl -. ~ 9 en ; 4 3 ~ .t CD 7~ 5 : 4 ;- 6 ~ 28.35 25.49 10 II - ~ (.) oo~ 0.....1..; \.... DB. 142-1 303 \lac. 3-22-23 . @)~ ~ ,.0 ~ 70 J ~ . ST.'" " o on to ;; 8 - E ,1.' AI.LE. \RU. 5-19-24~6' - 'B fI' . . CD:; r cO '" ~ '" ~ : 9 10 :, II . ~ @) 7 [ 0;; .,n 27.04 I 23.54 S"7.~ '50 /. -~!1 ,,"'!i'S \. ~ I L4 .:. '....11' -z..~o .. .. iii &J- > <t II! 8 N tII 1<1 '" 6 8 IC'I It" 15 10 PARK 1 \. I &.jq , IS.. o ! , i '10 t..~ / ; I ao.,S I so 1 I '70 TO: FROM: COPIES: v~ Lucille Williams, City Clerk Thomas A. Bustin, City Attorney SUBJECT: Sale of Fire Station #1 to Mancinni DATE: August 1, 1980 CI~Y OF CLEARWATER Interdepartment Correspondence Sheet The subject sale was completed this date and attached are the following: Original Promissory Note which should be retained in your file. The original Mortgage Deed is being recorded by the Title Company and will be returned to your office. Closing Statement TAB:br Atts. '.' \ '> ," \l.. '~ .,' (; I, . , , , v I I PRO:MISSOR Y NOTE $119,000.00 'rf OJ , 1980 ON OR BEFORE Eighteen (18) months from this date, JOHN MANCINI and ELIZABETH MANCINI, his wife, promise to pay to the order of the CITY OF CLEARWATER, FLORIDA, a municipal corporation, at such place as the payee may designate, the principal sum of ONE HUNDRED NINETEEN THOUSAND DOLLARS ($119,000.00), together with interest on the unpaid balance at 14.5 percent per annum payable as follows: Interest only due one year from date; principal and intfarest due eighteen months from date. All or any part of the principal of this obligation may be prepaid without penalty and with interest to date of payment only. This note is secured by a mortgage of even date, and the same is incorporated by reference herein. Should it become necessary to collect this note through an attorney, John Mancini and Elizabeth Mancini, his wife, agrees to pay all costs of such collection, including a reasonable atto rney' s fee. Failure of the City of Clearwater to assert or exercise any right guaranteed herein shall not operate as a waiver thereof, Or shall it constitute a defense to any action initiated by the City of Clearwater to enforce any of its rights under this note Or the accompanying mortgage. ~,)11 C:'~ J o~~Manc:ni /' '~. ~/-,/J:~~:;; ) Eliza6~th Mancini ----. ~ -~; ,.-<,'-", I CLOSING STATEMENT I Clearwater, Florida Aug. 1,1980 SELLER City of Clearwater, Florida PURCHASER: Elizabeth Mancini PROPER TY DESCRIPTION: Lots 5, 6 & 7, Gould & Ewing 1st Add'n. Credits to Seller: Sales Price Credits to Purchaser: Purchase Money Mortgage $119,000.00 Credit in accordance with Paragraph 2 of AmendInent 7,000.00 Cash to Close 14,000.00 j140,OOO.00 $140,000.00 $140,000.00 Seller's Expenses: Documentary Stamps on Deed $560.00 Title Insurance - Century Title & Abstract 495.00 $1055.00 Buyer's Expenses: Recording Purchase Money Mortgage $ 22.00 Documentary Stamps on Note 178.50 Intangible Tax on Mortgage 238.00 $438.50 '.. TO: FROM: COPI ES: 'I CI~Y OF CLEARWATER Interdepartment Correspondence Sheet Lucille Williams, City Clerk Thomas A. Bustin, City Attorney 1ft rr-/{'p" '.'_'''- ",r,~....!,~ ._,:.~", I,,'^> SUBJECT: Partial Release of Mortgage DATE: August 5, 1980 Q'i:rCI_.~;<". "~lJt '-~~~,~ Attached hereto is subject Release from the Seaboard Coast Line Railroad Company which releases property sold to Mancinni. Please record this immediately so that it can be included in the title policy which Century Title is preparing. TAB:br Att. ~A. Bustin City Attorney V ~,!--c-l1""" t.tJ.l tJ e- ~ /",cY ~ ;-V r ,VI) ~'\~ (.\~i' I , The JEtna Casualty and Surety Company The Standard Fire Insurance Company Hartford, Connecticut 06115 - LIFE & CASUALTY (90985) 3-70 Cat. 211974 Printed in U.S.A. 'Trademark of The A:lna Casually and Surety Company and its associated companies 1. ~MED INSURED AND ADDRESS SPECIAL MULTI-PERIL POLICY DECLARA nONS PAGE I 00 The IEtna Casualty and Surety Company ;,z7/3 D The Standard Fire Insurance Company " Hartfo"",, Connectiart 06156. A Stock InsurcnceCompany iii \-I~" CASUALTY A. SAM COURY MITCHELL J. JOSEPH, A PARTNERSHIP AS TENENTS I N COMMON 8 AMBLES I DE DR 2. POLICY PERIOD BELLEA I R, PI NELLAS, FL 33516 From: 12-4-81 (No.. Street. Town. Countv. State & Zip Code) 3. NAMED INSURED IS: 0 Individual 0 Corporation o Joint Ventu,e 0 Othe,: 4. DESIGNATED PREMISES 0 Multiple buildings or premises as designated on Supplemental Declarations altached. Occupancy of P,emises 101 N GARDEN AVE.. CLEARWATER. PINELLAS- FL 33515 BUILDERS RISK 5. Insurance is provided with respect to the designated premises and with respect to those coverages and kinds of property for which a specific limit of liability is shown, subject to all terms of this policy including forms and endorsements made a part hereof. S.ECTlpN I ::- ~9PERTY COVERAGE Coinsurance Percentage Appl icabl e LIMIT OF LI ABI L1TY I~rldi~g~(s) 100 $ 600,000 Personal Property of the Insured $ Personal Property of Others $ POLICY Nl'lj3ER 23 SM 768438 FCA To: 12-4-82 12:01 A.M. Standard Time At Location of Designated Premises IX] Partnersh i p AUDIT PERIOD: 11 Year unless otherwise stated.) Additional Coverages . Deductiljle: $ each occurrence, $ aggregate each occurrence If no deductible stated above, the deductible shall be $100 each occurrence, $1000 aggregate. SECTION II - LIABILITY COVERAGE . LIMIT OF LIABILITY Bodily Injury and Property Damage Liability Combined Single Limit . Bodily Injury Liability Property Damage Li abi I ity Premises Medical Payments Additional Coverages 1KI o $1,000,000 each occurrence $1,000,000 aggregate $ each occurrence $ aggregate $ each occurrence S aggregate $ each person $ each accident OCP SECTION III - B CRIME COVERAGE SECTION IV - BOILER AND MACHINERY COVERAGE 6. Forms and Endorsements made a (a) Section I part of this policy at time of issue MPll03, MP0336 in addition to Special Multi-Peril Policy Conditions and Definitions Form (Numbers and Edition Dates) As stated in the endorsement, made a part of this policy, if indicated by 00. (cl Section III (b) Section II (d) Section IV MP0090, MP010l GL0019, MP0093,MP9991 C Qunters ignature Date Agency At , ---.. \ / \",,-\ ~ ~ ~ (;J \ '-'\ PAYMENT METHOD 1 Year Policy Total Adv. Premium ~ $ 3 Year Prepaid Total Adv. Premium ~ $ 3 Year Policy Installments Total Adv. Premium ~ $ .'st Anniversary ~ $ · 2nd Ann iversary ~ $ Total 3 Year Premium ~ $ . Unless indicated by an [K] in the box below as "NOT APPLICABLE,' the premium for installments subsequent to the initial installment. shall be subject to adjustment on the basis of the rates in effect at each anniversary date. 0 NOT APPLICABLE PREM I UM Z.795 7. MORTGAGEE: (Name and Address) CITY OF CLEARWATER PO BOX 4748 CI EARWATER - FL '1'3 18 lAgent"s Signature In consideration of the premium Insurance is provided the named insured by the stock Insurance Company indicated above by @ with respect to the designated premises shown in Item 4 above and with respect to those coverages and kinds of property for which a spe- cific limit of liability is shown, subject to all of the terms of this policy including forms and endorsements made a part hereof: d~: ~; ::: if: JAN 1~? .(54540-8) 5-n ~n~- {:,'{J.~', ~~,..; - - e - e , SECTION II LIABIlITY COVERAGJ <m I ,.. MP 00 93 (Ed. 07 77) SPECIAL MUlTI.PERll POLICY LIABIlITY INSURANCE BODILY INJURY LIABILITY PROPERTY DAMAGE LIABILITY I. The Company will pay on behalf of the insured all sums which the in. sured shall become legally obligated to pay as damages because of bodily injury or property damage to which this insurance applies, caused by an occurrence. and arising out of the ownership, maintenance or use of the insured premises and all opera- tions necessary or incidental to the business of the named insured con- ducted at or from the insured premises, and the company shall have the right and duty to defend any suit against the insured seeking damages on account of such bodily injury or property damage, even if any of the allega- tions of the suit are groundless, false or fraudulent, and may make such investigation and settlement of any claim or suit as it deems expedient, but the company shall not be obligated to pay any claim or judgment or to de- fend any suit after the applicable limit of the company's liability has been exhausted by payment of judgments or settlements. Exclusions This insurance does not apply: (a) to liability assumed by the insured under any contract or agreement except an incidental contract; but this exclusion does not apply to a warranty of fitness or quality of the named insured's products or a warranty that work performed by or on behalf of the named insured will be done in a workmanlike manner; (b) to bodily injury or property damage arising out of the ownership, maintenance, operation, use, loading or unloading of (1) any automobile or aircraft owned or operated by or rented or loaned to any insured. or (2) any other automobile or aircraft operated by any person in the course of his employment by any insured;' ,f'f but this exclusion does not apply to the parking of an automobile on insured premises, if such automobile is not owned by or rented or loaned to any insured; (c) to bodily injury or property damage arising out of (1) the ownership, maintenance, operation, use, loading or unloading of any mobile equip. ment while being used in any prearranged or organized racing, speed or demolition contest or in any stunting activity or in practice or prepara- tion for any such contest or activity or (2) the operation or use of any snowmobile or trailer designed for use therewith; (d) to bodily injury or property damage arising out of and in the course of the transportation of mobile equipment by an automobile owned or operated by or rented or loaned to anyinSllred; (e) to bodily injury or property damage arising out of the ownership, maintenance, operation, use"loading or unloading of (1) any watercraft owned or operated by or rented or loaned to any insured, or (2) any other watercraft operated by any person in the course of his employment by any insured; but this exclusion does not apply to watercraft while ashore on prem- ises owned by, rented to or controlled by the named insured; (f) to bodily injury or property damage arising out of the discharge, dispersal, release or escape of smoke, vapors, soot, fumes, acids, alka- lis, toxic chemicals, liquidS or gases, waste materials or other irritants, contaminants or pollutants into or upon land. the atmosphere or other water course or body of water; but this exclusion does not apply if such discharge, dispersal, release or escape is sudden and accidental; (g) to bodily injury or property damage arising out of operations on or from premises (other than insured premises) owned by, rented to or controlled by the named insured, or to liability assumed by the insured under any contract or agreement relating to such premises; (h) to bodily injury or property damage for which the insured or his indemnitee may be held liable (1) as a person or organization engaged in the business of manufac- turing, distributing, selling or serving alcoholic beverages, or MP 00 93 (Ed. 07 77) (2) if not so engaged, as an owner or lessor of premises used for such purposes, if such liability is imposed (i) by, or because of the violation of, any statute, ordinance or regu- lation pertaining to the sale, gift, distribution or use of any alco- holic beverage, or (ii) by reason of the selling, serving or giving of any alcoholic bev- erage to a minor or to a person under the influence of alcohol or which causes or contributes to the intoxication of any person; but part (ii) of this exclusion does not apply with respect to liability of the insured or his indemnitee as an owner or lessor described in (2) above; (i) to any obligation for which the insured or any carrier ,as his insurer may' be held liable under any workmen's compensation, unemployment compensation or disability benefits law, or under any similar law; (j) to bodily injury to any employee of the insured arising out of and in the course of his employment by the insured or to any obligation of the insured to indemnify another because of damages arising out of such injury; but this exclusion does not apply to liability assumed by the insured under an incidental contract; (k) to property damage to (1) property owned or occupied by or rented to the insured, (2) property used by the insured, or (3) property in the care, custody or control of the insured or as to which the insured is for any purpose exercising physical control; but parts (2) and (3) of this exclusion do not apply with respect to liability under a written sidetrack agreement and part (3) of this exclusion does not apply with respect to property damage (other than to elevators) arising out of the use of an elevator at premises owned by, rented to or controlllld by the named insured; (I) to property damage to premises alienated by the named insured aris- ing out of such premises or any part thereof; (m) to loss of use of tangible property which has not been physically in- jured or destroyed resulting from (1) a delay in or lack of performance by or on behalf of the named insured of any contract or agreement, or (2) the failure of the named insured's products or work performed by or on behalf of the named insured to meet the level of perform- ance, quality, fitness or durability warranted or represented by the named insured; but this exclusion does not apply to loss of use of other tangible prop- erty resulting from the sudden and accidental physical injury to or destruction of the named insured's products or work performed by or on behalf of the named insured after such products or work have been put to use by any person or organization other than an insured; (n) to property damage to the named insured's products arising out of such products or any part of such products; (0) to property damage to work performed by or on behalf of the named insured arising out of the work or any portion thereof, or out of mate- rials, parts or equipment furnished in connection therewith; (p) to damages claimed for the withdrawal, inspection, repair, replace- ment, or loss of use of the named insured's products or work com- pleted by or for the named insured or of any property of which such products or work form a part, if such products, work or property are withdrawn from the market or from use because of any known or sus- pected defect or deficiency therein; (q) to bodily injury or property damage due to war, whether or not de- clared, civil war, insurrection, rebellion or revolution or to any act or condition incident to any of the foregoing, with respect to (1) liability assumed by the insured under any incidental contract, or (2) expenses for first aid under the Supplementary Payments pro- vision; (r) to bodily injury and property damage arising out of demolition op- erations performed by or on behalf of the insured. Page 1 of 3 ~', Gl 00 1907 78 Th1s endors;ment forms a part of the pohcylo which attached, effective on the'inception date of the policy Inless otherwisOtated herein. (The fIIIIowing information is required only when tIIis endorwment is issued subsequent to preparation of poliCy,) Endonement Effective hIicy -No. Endorsement No. Named Insured Countersigned by (Authorized Representative) This endorsement modifies such insurance as is afforded by the provisions of the policy relating to the following: GENERAL LIABILITY INSURANCE SMP LIABILITY INSURANCE BUSINESSOWNERS POLICY AMENDATORY ENDORSEMENT-ADDITIONAL DEFINITION It is agreed that the following definition is added: "loading or unloading", with respect to an automobile, means the handling of property after it is moved from the place where it is accepted for movement into or onto an automobile or while it is in or on an automobile or while it is being moved from an automobile to the place where it is finally delivered, but "loading or unloading" does not include the movement of property by means of a mechanical device (other than a hand truck) not attached to the automobile. GlOO 19 07 78 - e e ~ SMP JECIAL BUILDERS' RISK COMPLETED VJLUE FO~ SECTION I-PROPERTY COVERAGE '>' MP 11 03 (Ed. 07 77) With respect to SECTION I-PROPERTY COVERAGE, this form cancels and replaces any coverage provided under any other forms or endorsements made a part of the policy, but only with respect to the property to which this form is shown to be applicable. I. INSURING AGREEMENT This policy insures acainst all risks of direct physical loss to the property covered, subject to the provisions and stipulations herein and in the policy of which this form is made a part. II. PROPERTY COVERED BUlLDING(S): This policy covers the building(s) or structure(s) at the designated premises while in the course of construction, including all additions directly attached thereto and all fixtures, machinery and equip- ment constituting a permanent part of said building(s). This policy also covers temporary structures, materials and supplies of all kinds owned by the named insured and incidental to the construction of said building(s) or structure(s): all while (1) in or on the building(s) or (2) in the open (including within vehicles) on or within 100 feet of the designated premises. PERSONAL PROPERTY OF OTHERS: The insured may apply at each loca- tion up to 2%, but not exceeding $2,000, of the limit of liability specified for Building(s) at such location, as an additional amount of insurance, to cover for the account of the owners thereof (other than the named insured) direct loss by a peril not otherwise excluded to materials and supplies similar to that covered by this policy, belonging to others while in the care, custody or control of the named insured and all while (1) in or on the building(s) or (2) in the open (including within vehicles) on or within 100 feet of the designated premises. loss shall be adjusted with the named insured for the account of the owners of the property, except that the right to adjust any loss with the owners is reserved to the Company and the receipts of the owners in sat- isfaction thereof shall be in full satisfaction of any claim by the named insured for which payments have been made. As respects personal prop- erty belonging to others, this provision shall replace any loss payable provisions of this policy. The Provisional Limit of Liability Condition of this form shall not apply to this coverage, and when applying said clause to insurance covering property owned by the insured, the value of personal property of others shall not be considered in the determination of actual cash value. When there is Contributing Insurance, the Company shall notbe liable for more than its pro rata share of the limit applying to personal property of others. III. PROPERTY SUBJECT TO LIMITATIONS The following property is subject to these additional limitations: A. Plumbing, heating, air conditioning or other equipment or appliances (except fire protective systems) are not covered against loss caused by or resulting from freezing unless the insured shall have exercised due diligence with respect to maintaining heat in the buildings or structures or unless such equipment and appliances had been drained and the water supply shut off. B. Steam boilers, steam pipes, steam turbines or steam engines are not covered against loss caused by any condition or occurrence within such boilers, pipes, turbines or engines (except direct loss resulting from the explosion of accumulated gases or unconsumed fuel within the firebox, or combustion chamber, of any fired vessel or within the flues or passages which conduct the gases of combustion therefrom). C. Hot water boilers or other equipment for heating water are not covered against loss caused by any condition or occurrence within such boilers or equipment. other than an explosion. D. Glass is covered only against loss caused by fire, lightning, windstorm, hail, aircraft, vehicles, discharge from fire protection or building ser- vice equipment, explosion, riot or civil commotion, and then the Com- pany shall be liable only to the extent that such perils are insured against in this policy. E. Fences, pavements, outdoor swimming pools and related equipment, retaining walls, bulkheads, piers, wharves or docks, when covered under this pOlicy, are not covered against loss caused by freezing or thawing, impact of watercraft, or by the pressure or weight of ice or water whether driven by wind or not. F. The interior of buildings is not covered against loss caused by rain, snow, sand or dust, whether driven by wind or not, unless (1) the buildings shall first sustain an actual damage to roof or walls by the direct action of wind or hail, and then the Company shall be liable for loss to the interior of the buildings as may be caused by rain, snow, sand or dust entering the buildings through openings in the roof or walls made by direct action of wind or hail; or (2) such loss results from fire, lightning, actual phYSical contact of aircraft or vehicles, explosion, riot or civil commotion, vandalism or malicious mischief, to the extent that such perils are insured against in this policy. IV. PROPERTY NOT COVERED In addition to the kinds of property which are otherwise elduded or limited under this policy, property which is more specifically covered in whole or in part under this or any other contract of insurance is also elcluded from coverage under this form. V. EXCLUSIONS This policy does not insure under this form against: A. loss occasioned directly or indirectly by: 1. enforcement of any local or state ordinance or law regulating the construction, repair or demolition of buildings or structures unless such liability is otherwise specifically assumed by endorsement herein; 2. electrical currents artificially generated unless loss by fire or ex- plosion as insured against hereunder ensues, and then the Company shall be liable for only such ensuing loss. MP 11 03 (Ed. 07 77) B. Loss caused by or resulting from power, heating or cooling failure, unless such failure results from physical damage to power, heating or cooling equipment situated on premises where the property covered is located, caused by a peril not otherwise excluded. Also, the Com- pany shall not be liable under this Clause for any loss resulting from riot, riot attending a strike, civil commotion, or vandalism and mali- cious mischief. C. loss caused by, resulting from, contributed to or aggravated by any of the following: Page 1 of 2 1. earth movement, including but not Iimitedlo earthquake, volcanic eruption, landslide, ~. earth sinkin~rth rising or shifting; 2. flood, surface water, waves, tidal water or tidal wave, overflow of streams or other bodies of water, or spray from any of the fore- going, all whether driven by wind or not; 3. water which backs up through sewers or drains; 4. water below the surface of the ground including that which exerts pressure on or flows, seeps or leaks through sidewalks, driveways, fou ndations, walls, basement or other floors, or through doors, windows or any other openings in such sidewalks, driveways, fou ndations, walls or floors; unless loss by fire or explosion not excluded in this policy ensues, and then the Company shall be liable for only such ensuing loss. D. Loss caused by or resulting from error, omission or deficiency in design, specifications, workmanship or materials. This exclusion does not apply to loss by fire, lightning, windstorm, hail, explosion, riot or civil commotion, aircraft, vehicles, smoke or discharge from fire pro- tective or building service equipment, to the extent that such perils are insured against in this policy. E. Loss caused by: 1. wear and tear, deterioration, rust or corrosion, mould, wet or dry rot; inherent or latent defects; smog; smoke, vapor or gas from agricultural or industrial operations; mechanical breakdown, in- cluding rupture or bursting caused by centrifugal force; settling, cracking, shrinkage, bulging or expansion of pavements, founda- tions, walls, floors, roofs or ceilings; animals, birds, vermin, ter- lJIites or other insectslunless loss by a peril not excluded in ",is policy ensues and then the Company shall be liable for only such ensuing loss. 2. explosion of steam boilers, steam pipes, steam turbines or steam engines (except direct loss resulting from the explosion of accumu- lated gases or unconsumed fuel within the firebox, or combustion chamber, of any fired vessel or within the flues or passages which conduct the gases of combustion therefrom) if owned by, leased by, or operated under the control of the insured, or for any ensuing loss except by fire or explosion not excluded in this policy, and then the Company shall be liable for only such ensuing loss. 3. leakage or overflow from plumbing, heating, air conditioning or other equipment or appliance (except fire protective systems) caused by or resulting from freezing, unless the insured shall have exercised due diligence with respect to maintaining heat in the buildings or unless such equipment and appliances had been drained and the water supply shut off. 4. theft (including but not limited to burglary and robbery) of any property which at the time of loss is not an integral part of a building or structure (except direct loss by pillage and looting occurring during and at the immediate place of a riot or civil commotion), unless loss by a peril not excluded in this policy ensues from theft or attempted theft, and then the Company shall be liable for only such ensuing loss. 5. unexplained or mysterious disappearance of any property, or shortage disclosed on taking inventory or caused by any wilful or dishonest act or omission of the insured or any associate, employee or agent of any insured. VI. SPECIAL DEDUCTIBLE CLAUSE The $100 Deductible in Paragraph (a) of Condition 2. Deductible under Conditions Applicable to Section I of this policy is amended to read $500 as respects loss from any peril insured against other than the perils of fire, lightning, windstorm or hail, explosion, smoke, aircraft or vehicles, and riot, riot attending a strike or civil commotion. VII. OCCUPANCY CLAUSE - It is made a condition of this policy that the buildings, additions or structures in course of construction shall not be occupied without obtaining _ the consent of the Company endorsed hereon with proper rate adjustment, except that machinery may be set up and operated solely for the purpose of .. testing the same without prejudice to this polley. VIII. CONDITIONS A. Provisional Limit of Liability: The limit of liability applicable to prop- erty under this form is provisional. It is a condition of this insurance, wherein the rate and premium are based on an average amount of liability during the period of construction, that at any date while this policy is in force, the actual limit of liability under this form is that proportion of the provisional limit of liability that the actual value of the described property on that date bears to the value at the date of completion, but shall not in any case exceed the provisional limit of liability, and: In consideration of the reduced rate at which this policy is written, it is a condition of this insurance that in the event of loss, the Company shall be liable for no greater proportion thereof than the provisional limit of liability under this form bears to the value of the described property at date of completion. If this form applies to two or more items, the foregoing shall apply separately to each such item. B. Permits and Use: Except as otherwise provided herein, permission is hereby granted in the event of loss hereunder, to make reasonable repairs, temporary or permanent, provided such repairs are confined solely to the protection of the property from further damage, and pro- vided further that the insured shall keep an accurate record of such repair expenditures. The cost of any such repairs directly attributable to damage by any peril not otherwise excluded shall be included in determining the amount of loss hereunder. Nothing herein contained is intended to modify the policy requirements applicable in case loss occurs, and in particular the requirement that, in case loss occurs, the insured shall protect the property from further damage. C. Loss Clause: Any loss hereunder shall not reduce the amount of this policy. D. Mortgage Clause: Applicable to buildings only (this entire clause is void unless name of mortgagee (or trustee) is inserted in the Declara- tions): Loss, if any, under this policy, shall be payable to the mortgagee (or trustee), named on the first page of this policy, as interest may MP 11 03 (Ed. 07 77) appear under all present or future mortgages upon the property herein described in which the aforesaid may have an interest as mortgagee, (or trustee), in order of precedence of said mortgages, and this insur- ance as to the interest of the mortgagee (or trustee) only therein, shall not be invalidated by any act or neglect of the mortgagor or owner of the within described property, nor by any foreclosure or other proceed- ings or notice of sale relating to the property, nor by any change in the title or ownership of the property, nor by the occupation of the premises for purposes more hazardous than are permitted by this policy; provided, that in case of the mortgagor or owner shall neglect to pay any premium due under this policy, the mortgagee (or trustee) shall, on demand, pay the same. Provided also, that the mortgagee (or trustee) shall notify the Company of any change of ownership or occu- pancy or increase of hazard which shall come to the knowledge of said mortgagee (or trustee) and, unless permitted by this policy, it shall be noted thereon and the mortgagee (or trustee) shall, on demand, pay the premium for such increased hazard for the term of the use thereof, otherwise this policy shall be null and void. The Company reserves the right to cancel this policy at any time as provided by its terms, but in such case this policy shall continue in force for the benefit only of the mortgagee (or trustee) for ten days after notice to the mortgagee (or trustee) of such cancellation and shall then cease, and the Company shall have the right, on like notice, to cancel this agreement. Whenever the Company shall pay the mortgagee (or trustee) any sum for loss under this policy, and shall claim that, as to the mortgagor or owner, no liability therefor existed, the Company shall to the extent of such payment, be thereupon legally subrogated to all the rights of the party to whom such payment shall be made under all securities held as collateral to the mortgage debt or may at its option pay to the mort- gagee (or trustee) the whole principal due or to grow due on the mort- gage, with interest accrued and shall thereupon receive a full assign- ment and transfer of the mortgage and of all such other securities; but no subrogation shall impair the rights of the mortgagee (or trustee) to recover the full amount of said mortgagee's (or trustee's) claim. Page 2 of 2 - e e e '$ I FLORIDA AMENDATORY ENDORSEiENT MP 03 36 (Ed. 07 78) -- Coinsurance Contract: The rate charged in this policy is based upon use of a coinsurance clause contained in the Policy Conditions Applicable to Section I, SMP Policy Conditions and Definitions Form, with the consent of the insured. The following are exceptions to the Deductible Clause contained in the Policy Conditions Applicable to Section I, SMP Policy Conditions and Definitions Form. A. No deductible is applicable to the perils of fire and lightning with respect to coverage under Special Multi-Peril Policy: General Building Form General Personal Property Form Special Building Form Special Personal Property Form Builders' Risk Completed Value Form Special Builders' Risk Completed Value Form B. The sum of $50 shall be deducted from the amount of loss to property in anyone occurrence resulting from the perils of Smoke, Explosion, Riot, Riot Attending a Strike or Civil Commotion, Aircraft or Vehicles, or Vandalism or Malicious Mischief, with respect to coverage under Special Multi-Peril Policy; General Building Form, General Personal Property Form and Builders' Risk Completed Value Form. This deductible shall apply separately to each building (including personal property therein), separately to personal property in each building if no coverage is provided on the containing building and separately to personal property in the open (including within vehicles). The agg(egate amount of this deductible in anyone occurrence shall not exceed $1,000. This deductible shall not apply to insurance covering Business Interruption, Tuition Fees, Extra Expense, Rent or Rental Value or Leasehold Interest. The sum of $50 shall be deducted from the amount of loss to property in anyone occurrence resulting from the perils of Smoke, Explosion, Riot, Riot Attending a Strike or Civil Commotion, Aircraft or Vehicles with respect to coverage under Special Multi-Peril Policy; Special Building Form, Special Personal Property Form and Special Builders' Risk Completed Value Form. This deductible shall apply separately to each building (including personal property therein), separately to personal property in each building if no coverage is provided on the containing building and separately to personal property in the open (including within vehicles). The aggregate amount of this deductible in anyone occurrence shall not exceed $1,000. This deductible shall not apply to insurance covering Business Interruption, Tuition Fees, Extra Expense, Rent or Rental Value or Leasehold Interest. The fOlloWing clause is applicable to all properties located in the Counties of Broward, Dade, Martin and Palm Beach and in all areas east of the west bank of the Inter-Coastal Waterway in the counties of Indian River and St. Lucie when this policy is extended to include the Extended Coverage peril of Windstorm: Windstorm Exterior Paint and Waterproofing Clause: It is hereby stipulated that coverage under this policy does not include damage caused in any manner by windstorm to paint or waterproofing material, applied to the exterior of the buildings or structures covered hereunder. The value of paint or waterproofing material shall not be considered in the determination of the amount of deductible and the actual cash value when applying the Coinsurance Clause, when loss is caused by windstorm. This Endorsement must be attached to Change Endorsement when issued after the Policy is written. MP 03 36 (Ed. 07 78) <m lTANDARD FORM FIRE POLICY ENDORLMENT '___. MP 01 01 (Ed. 07 77) - This form contains the provisions of the Standard Fire Policy. Whenever the conditions of this form can be construed to perform a liberalization of conditions found elsewhere in Section I coverage relating to insurance against loss or damage by fire, lightning or removal from premises endangered by fire or lightning, the terms and conditions of the Standard Fire Policy shall apply. In Consideration of the Provisions and Stipulations Herein or Added Hereto and of the Premium Above Specified (or specified in endorsement attached hereto), this Company for the term specified in the Declarations from inception date shown in the Declaration At 12:01 A.M. (Standard Time) to expiration date shown in the Declaration At 12:01 A.M. (Standard Time) at location of property involved, to an amount not exceeding the limit of liability specified in the Declarations, does insure the Insured named in the Declarations and legal representatives, to the extent of the actual cash value of the property at the time of loss, but not exceeding the amount which it would cost to repair or replace the property with material of like kind and quality within a reasonable time after such loss, without allowance for any increased cost of repair, or reconstruction by reason of any ordinance or law regulating construction or repair, and without compensation for loss resulting from interruption of business or manufacture, nor in any event for more than the interest of the insured, against all DIRECT LOSS BY FIRE, LIGHTNING AND OTHER PERILS INSURED AGAINST IN THIS POLICY, EXCEPT AS HEREINAFTER PROVIDED. to the property described herein while located or contained as described in this policy, or pro rata for five days at each proper place to which any of the property shall necessarily be removed for preservation from the perils insured against in this policy, but not elsewhere. Assignment of this policy shall not be valid except with the written consent of this Company. This policy is made and accepted subject to the foregoing provisions and stipulations and those hereinafter stated, which are hereby made a part of this policy together with such other provisions, stipulations and agreements as may be added hereto, as provided in this policy. e e MP 01 01 (Ed. 07 77) Page 1 of 2 1 Concealment, This ~policy shall 1 void if, whether 84 nnating to the interesl and obligations of such mo;tgagee may 2 fraud. bekne or after a loss, the insured has wil- 85 be added hereto by agreement in writing. 3 fully concealed or misrepresented any ma. 86 Pro rata liability. This Company shall not be liable for a greater 4 terial fact or circumstance concerning this insurance or the 87 proportion of any loss than the amount e 5 subject thereof, or the interest of the insured therein, or in case 88 hereby insured shall bear to the whole insurance covering the 6 of any fraud or false swearing by the insured relating thereto. 89 Groperty against the peril involved, whether collectible or not. 7 Uninsurable This policy shall not cover accounts, bills, 90 equirements in The insured shall give immediate written 8 and currency, deeds, evidences of debt, money or 91 case loss occurs. notice to this Company of any loss, protect 9 excepted property. securities; nor, unless specifically named 92 the property from further damage, forthwith 10 hereon in writing, bullion or manuscripts. 93 separate the damaged and undamaged personal property, put 11 Perils not This Company shall not be liable for loss by 94 it in the best possible order, furnish a complete inventory of 12 Included. fire or other perils insured against in this 95 the destroyed, damaged and undamaged property, showing in 13 policy caused, directly or indirectly, by: (a) 96 detail quantities, costs, actual cash value and amount of loss 14 enemy attack by armed forces, including action taken by mili. 97 claimed; and within sixty days after the loss, unless such time 15 tary. naval or air forces in resisting an actual or an immediately 98 is extended in writing by this Company, the insured shall render 16 impending enemy attack; (b) Invasion; (c) insurrection; (d) 99 to this Company a proof of loss, signed and sworn to by the 17 rebellion; (e) revolution; (fl civil war; (g) usurped power: (h) 100 insured, stating the knowledge and belief of the insured as to 18 order of any civil authority except acts of destruction at the time 101 the following: the time and origin of the loss, the interest of the 19 of and for the purpose of preventing the spread of fire, provided 102 insured and of all others in the property, the actual cash value of 20 that such fire did not originate from any of the perils excluded 103 each item thereof and the amount of loss thereto, all encum- 21 by this policy; (j) neglect of the insured to use all reasonable 104 brances thereon, all other contracts of insurance, whether valid 22 means to save and preserve the property at and after a loss, or 105 or not, covering any of said property, any changes in the title, 23 when the pro~erty is endangered by fire in neighbOrinf1 premo 106 use, occupation, location, possession or exposures of said prop. 24 ises; (j) nor s all this Company be liable for loss by the t. 107 erty since the issuing of this policy, by whom and for what 25 Other Insurance. Other insurance may be ~rOhibited or the 108 purpose any building herein described and the several parts 26 amount of insurance may e limited by en. 109 thereof were occupied at the time of loss and whether or not it 27 dorsement attached hereto. 110 then stood on leased ground, and shall furnish a copy of all the 28 Conditions suspending or restricting insurance. Unless other. 111 descriptions and schedules in all poliCies and, if required, verified 29 wise ~rovlded In writin~ added hereto this Company shall not 112 plans and specifications of any building, fixtures or machinery 30 be lia Ie for lossoccurnng 113 destroyed or damaged. The insured, as often as may be reason- 31 (a) while the hazard is increased by any means within the con. 114 ably required, shall exhibit to any person designated by this 32 trol or knowledge of the insured; or 115 Company all that remains of any property herein described, and 33 (b) while a described building, whether intended for occupancy 116 submit to examinations under oath by any person named by this 34 by owner or tenant, is vacant or unoccupied beyond a period of 117 companb, and subscribe the same: and, as often as may be 35 sixty consecutive days; or 118 reasona Iy required, shall produce for examination all books of 36 (c) as a result of eXRlosion or riot, unless fire ensue, and in 119 account, bills, invoices and other vouchers, or certified copies 37 that event for loss by ire only. 120 thereof if originals be lost, at such reasonable time and place as 38 Other perils Any other peril to be insured against or sub. 121 may be designated by this Company or its representative, and 39 or SUbJects. ject of insurance to be covered in this policy 122 shall permit extracts and copies thereof to be made. 40 shall be by endorsement in writing hereon or 123 Appraisal. In case the insured and this Company shall 41 added hereto. 124 fail to agree as to the actual cash value or 42 Added provisions. The extent of the application of insurance 125 the amount of loss, then, on the written demand of either, each e 43 under this policy and of the contribution to 126 shall select a competent and disinterested appraiser and notify 44 be made by this Company in case of loss, and any other pro- 127 the other of the appraiser selected within twenty days of such 45 vision or agreement not Inconsistent with the provisions of this 128 demand. The appraisers shall first sebct a competent and dis. 46 policy, may be provided for in writing added hereto, but no pro- 129 interested umpire; and failing for fifteen days to agree upon 47 vision may be waived except such as by the terms of this policy 130 such umpire, then, on request of the insured or this Company, 48 is subject to change. 131 such umpire shall be selected by a judge of a court of record in 49 Waiver No permission affecting this insurance shall 132 the state in which the property covered is located. The ap- 50 provisions. exist, or waiver of any provision be valid, 133 praisers shall then appraise the loss, stating separately actual 51 unless granted herein or expressed in writing 134 cash value and loss to each item; and, failing to agree, shall 52 added hereto. No provision, stipulation or forfeiture shall be 135 submit their differences, only, to the umpire. An award in writ- 53 held to be waived by any requirement or proceeding on the part 136 ing, so itemized, of any two when filed with this Company shall 54 of this Company relating to appraisal or to any examination 137 determine the amount of actual cash value and loss. Each 55 provided for herein. 138 appraiser shall be paid by the party selecting him and the ex- 56 Cancellation This policy shall be cancelled at any time 139 penses of appraisal and umpire shall be paid by the parties 57 of policy. at the request of the insured, in which case 140 equally. 58 this Company shall, upon demand and sur- 141 Company's It shall be optional with this Company to 59 render of this policy, refund the excess of paid premium above 142 options. take all, or any part, of the property at the 60 the customary short rates for the expired time. This pol- 143 agreed or appraised value, and also to re- 61. icy may be cancelled at any time by this Company by giving 144 pair, rebuild or replace the property destroyed or damaged with 62 to the insured a five days' written notice of cancellation with 145 other of like kind and quality within a reasonable time, on giv- 63 or without tender of the excess of paid premium above the pro 146 ing notice of its intention so to do within thirty days after the 64 rata premium for the expired time, which excess, if not ten. 147 receipt of the proof of loss herein required. 65 dered, shall be refunded on demand. Notice of cancellation shall 148 Abandonment. There can be no abandonment to this Com- 66 state that said excess premium (if not tendered) will be re- 149 pany of any property. 67 funded on demand. 150 When loss The amount of loss for which this Company 68 Mortgagee If loss hereunder is made payable, in whole 151 payable. may be liable shall be payable sixty days 69 interests and or in part, to a designated mortgagee not 152 after proof of loss, as herein provided, is 70 obligations. named herein as the insured, such interest in 153 received by this Company and ascertainment of the loss is made 71 this policy may be cancelled by giving to such 154 either by agreement between the insured and this Company ex. 72 mortgagee a ten days' written notice of can- 155 pressed in writing or by the filing with this Company of an 73 cellation. 156 award as herein provided. 74 If the insured fails to render proof of loss such mortgagee, upon 157 Suit. No suit or action on this policy for the recov. 75 notice, shall render proof of loss in the form herein specified 158 ery of any claim shall be sustainable in any 76 within sixty (60l days thereafter and shall be subject to the pro. 159 court of law or equity unless all the requirements of this policy 77 visions hereof relating to appraisal and time of payment and of 160 shall have been complied with, and unless commenced within 78 bringing suit. If this Company shall claim that no liability ex. 161 twelve months next after inception of the loss. 79 isted as to the mortgagor or owner, it shall, to the extent of pay- 80 ment of loss to the mortgagee, be subrogated to all the mort- 162 Sullrogation, This Company may require from the insured - 81 ga~ee's rights of recovery, but without impairing mortgagee's 163 an assignment of all right of recovery against 82 rig t to sue; or it may payoff the mortgage debt and require 164 any party for loss to the extent that payment therefor is made 83 an assignment thereof and of the mortgage. Other provisions 165 by this Company. MP 01 01 (Ed. 07 77) Page 2 o. 2 e e e ~ SPECIAJ MUL TI-PERIL 90LlCY CONDITIONS ANI DEFINl'rr"~. GENERAL CONDITIONS MP 00 90 (Ed. 07 77) The following Conditions apply to Section I and II except as otherwise indicated. Additional Conditions or modifications of the following Conditions may appear in the specific coverage sections. 1. Premium. All premiums for this policy shall be computed in accor- dance with the Company's rules, rates, rating plans, premiums and mini- mum premiums applicable to the insurance afforded herein. If this policy is issued for a period in excess of one year with a specified expiration date and a premium is payable at each anniversary, such pre- mium shall be determined annually on the basis of the rates in effect at the anniversary date. If this policy is issued for a period without a specified expiration date, it may be continued by payment of the required premium for the succeed- ing annual period. Such premium must be paid to the Company prior to each anniversary date; if not so paid, this policy shall expire on the first anniversary date that the said premium has not been received by the Company. 2. Time of Inception. To the extent that coverage in this policy replaces coverage in other policies terminating noon standard time on the incep- tion date of this policy, coverage under this pOlicy shall not become effec- tive until such other coverage has terminated. 3. Cancellation. This policy may be cancelled by the named insured by surrender thereof to the Company or any of its authorized agents or by mailing to the Company written notice stating when thereafter the cancel- lation shall be effective. This policy may be cancelled by the Company by mailing to the named insured at the mailing address shown in the Dec- larations, written notice stating when not less than ten days thereafter such cancellation shall be effective. The mailing of notice as aforesaid shall be sufficient proof of notice. The time of surrender or the effective date and hour of cancellation stated in the notice shall become the end of the policy period. Delivery of such written notice either by the named insured or by the Company shall be equivalent to mailing. If the named insured cancels, the Company shall, upon demand and sur- render of this policy, refund the excess of paid premium above the cus- tomary short rates for the expiredtilJle.lf theCOJTIPilny ~i1ncels.earned premium sha,1 be compu~ pro rata. Premium adjustment may be made either at the time cancellation is effected or as soon as practicable after cancellation becomes effective, but payment or tender of unearned pre- mium is not a condition of cancellation. Notice of cancellation addressed to the named insured and mailed to the mailing address shown in the Declarations shall be sufficient notice to effect cancellation of this policy. 4. Concealment or Fraud. This policy is void if any insured has inten- tionally concealed or misrepresented any material fact or circumstance relating to this insurance. 5. Assignment. Assignment of interest under this policy shall not bind the Company until its consent is endorsed hereon. However, if the named insured shall die, this insurance shall apply: (a) to the named insured's legal representative, as the named insured, but only while acting within the scope of his duties as such; or (b) to the person having temporary custody of the property of the named insured but only until the appointment and qualification of the legal representative. MP 00 90 (Ed. 07 77) 6. Subrogation. (a) In the event of any payment under this policy, the Company shall be subrogated to all the insured's rights of recovery against any person or organization and the insured shall execute and deliver instru- ments and papers and do whatever else is necessary to secure such rights. The insured shall do nothing after loss to prejudice such rights. (b) The Company shall not be bound to pay any loss if the insured has impaired any right of recovery for loss; however, it is agreed that the insured may: (1) as respects property while on the premises of the insured, release others in writing from liability for loss prior to loss, and such release shall not affect the right of the insured to recover hereunder, and (2) as respects property in transit, accept such bills of lading, receipts or contracts of transportation as are ordinarily issued by carriers containing a limitation as to the value of such goods or merchandise. 7. Inspection and Audit. The Company shall be permitted but not obli- gated to inspect the named insured's property and operations at any time. Neither the Company's right to make inspections nor the making thereof nor any report thereon shall constitute an undertaking on behalf of or for the benefit of the named insured or others to determine or warrant that such property or operations are safe or healthful or are in compliance with any law, rule or regulation. The Company may examine and audit the named insured's books and records at any time during the policy period and extensions and within three years after the final termination of this policy, as far as they relate to the subject matter of this insurance. 8. Liberalization Clause. In the event any filiOg is submitted to the in- surance supervisory authorities O'n' behalf of the Company, and: (a) the filing is approved or accepted by the insurance authorities to be effective while this policy is in force or within 45 days prior to its inception; and (b) the filing includes insurance forms or other provisions that would extend or broaden this insurance by endorsement or sub- stitution of form, without additional premium; the benefit of such extended or broadened insurance shall inure to the benefit of the insured as though the endorsement or substitution of form had been made. 9. Insurance Under More Than One Coverage, Part or Endorsement. In the event that more than one coverage, part or endorsement of this policy insures the same loss, damage or claim, the Company shall not be liable for more than the actual loss or damage sustained by the insured. 10. Waiver or Change of Provisions. The terms of this insurance shall not be waived, changed or modified except by endorsement issued to form a part of this policy. Pap1of6 policy. However, subject to the foregoing and all provisions of this policy, direct loss by "fire" resulting from nuclear reaction or nuclear radiation or radioactive contamination is insured against by this policy. (b) Nuclear Clause (Applicable only in New York): This policy does not cover loss or damage caused by nuclear reaction or nuclear radiation or radioactive contamination, all whether directly or indirectly result- ing from an insured peril under this policy. (c) Nuclear Exclusion (Not Applicable in New York): Loss by nuclear reaction or nuclear radiation or radioactive contamination, all whether controlled or uncontrolled, or due to any act or condition incident to any of the foregoing is not insured against by this policy, whether such loss be direct or indirect, proximate or remote, or be in whole or in part caused by, contributed to, or aggravated by any of the perils in. sured against by this policy; and nuclear reaction or nuclear radiation or radioactive contamination, all whether controlled or uncontrolled, is not "explosion" or "smoke". This clause applies to all perils insured against hereunder except the peril of fire, which is otherwise provided for in the nuclear clause above. 8. Other Insurance. (a) If at the time of loss there is other insurance written in the name of the insured upon the same plan. terms, conditions and provisions as contained in this policy. herein referred to as Contributing Insur- ance. the Company shall be liable for no greater proportion of any loss than the limit of liability under this policy bears to the whole amount of insurance covering such loss. (b) If at the time of loss there is other insurance other than that as described in (a) above, the Company shall not be liable for any loss hereunder until: (1) the Liability of such other insurance has been exhausted. and (2) then for only such amount as may exceed the amount due from such other insurance, whether collectible or not. 9. Duties Of The Named Insured After A Loss. In case of loss the named insured shall: (a) give immediate written notice of such loss to the Company; (b) protect the building and personal property Irom further damage, make reasonable temporary repairs required to protect the property. afld keep an accurate record of repair expenditures; (c) prepare an inventory of damaged personal property showing in de- tail, quantity, description, actual cash value and amount of loss. Attach to the inventory all bills, receipts and related documents that sub. stantiate the figures in the inventory; (d) exhibit the remains of the damaged property as often as may be reasonably required by the Company and submit to examination un. der oath; (e) submit to the Company within 60 days after requested a signed, sworn statement of loss that sets forth to the best of the named in. sured's knowledge and belief: (1) the time and cause of loss; (2) interest of the insured and all others in the property involved and all encumbrances on the property; (3) other policies of insurance that may cover the loss; (4) changes in title or occupancy of the property during the term of the policy; (5) specifications of any damaged building and detailed estimates for repair of the damage; (6) an inventory of damaged personal property described in (c) above; (I) give notice of such loss to the proper pol ice authority if loss is due to a violation of law. 10. Appraisal. If the named insured and the Company fail to agree on the amount of the loss, either can demand that the amount of loss be set by appraisal. If either party makes a written demand for appraisal, each shall select a competent independent appraiser. Each shall notify the other of the selected appraiser's identity within twenty (20) days of the receipt of the written demand. ,~ CO~ITIONS APPLICABLE TO, SECTION I I 1. Policy Period, Territory. Section I of this policy applies only to loss to property during the policy period while such property is within or be- tween the fifty states of the United States of America. the District of Co- lumbia and Puerto Rico. 2. Deductible. Unless otherwise provided in the Declarations: (a) The sum of $100 shall be deducted from the amount of loss to property in anyone occurrence. This deductible shall apply: (1) separately to each building, including personal property therein; (2) separately to personal property in each building if no coverage is provided on the containing building; and (3) separately to personal property in the open (including within veh icles). (b) The aggregate amount of this deductible in anyone occurrence shall not exceed $1,000. 3. Coinsurance Clause. The Company shall not be liable for a greater proportion of any loss to property covered than the limit of liability under this policy for such property bears to the amount produced by mul- tiplying the actual cash value of such property at the time of the loss by the coinsurance percentage stated in the Declarations. In the event that the aggregate claim for any loss is both less than $10,000 and less than 5% of the limit of liability for all contributing insurance applicable to the property involved at the time such loss occurs. no special inventory or appraisement of the undamaged property shall be required providing that nothing herein shall be construed to waive the application of the first paragraph of this clause. If insurance under Section I of this policy is divided into separate limits of liability, the foregoing shall apply separately to the property covered under each such limit of liability. 4. Removal. This policy covers loss by removal of the property covered hereunder from premises endangered by the perils insured against, and the amount of insurance applies pro rata for five days at each proper place to which such property shall necessarily be removed for preservation. 5. Debris Removal. This policy covers expense incurred in the removal of debris of the property covered which may be occasioned by loss by any of the perils insured against in this policy. The total amount recoverable under this policy for both loss to property and debris removal expense shall not exceed the limit of liability applying to the property. Cost of reo moval of debris shall not be considered in the determination of actual cash value when applying the Coinsurance Clause. 6. War Risk And Governmental Action Exclusion. This policy under Sec- tion I shall not apply to loss caused,directly or indirectly, by or due to any act or condition incident to the following: (a) hostile or warlike action in time of peace or war, including action in hindering, combating or defending against an actual, impending or expected attack (i) by any government or sovereign power (de jure or de facto), or by any authority maintaining or using military, naval or air forces; or (ii) by military, naval or air forces; or (iii) by an agent of any such government, power, authority or forces, it being under- stood that any discharge, explosion or use of any weapon of war em- ploying nuclear fission or fusion shall be conclusively presumed to be. such a hostile or warlike action by such a government, power, authority or forces; (b) insurrection, rebellion, revolution, civil war, usurped power. or action taken by governmental authority in hindering, combating or defending against such an occurrence; seizure or destruction under quarantine or custom's regulations, confiscation by order of any gov. ernment or public authority, or risks of contraband or illegal trans. portation or trade. 7. Nuclear Clause And Nuclear Exclusion. (a) Nuclear Clause (Not Applicable in New York). The word "fire" in this policy is not intended to and does not embrace nuclear reaction or nuclear radiation or radioactive contamination, all whether controlled or uncontrolled, and loss by nuclear reaction or nuclear radiation or radioactive contamination is not intended to be and is not insured against by this policy, whether such loss be direct or indirect, proxi- mate or remote. or be in whole or in part caused by, contributed to, or aggravated by "fire" or any other perils insured against by this MP 00 90 (Ed. 07 71) e e It Page 2 of 6 ,e .e '~he two a~praisers shall select a com pelt, i~P~rti~1 umpire. 'If the ap- praisers are unable to agree upon an umpire wIthin fifteen (15) days, the named insured or the Company may petition a judge of a Court of Record in the state where the insured premises is located to select an umpire. The appraisers shall then set the amount of the loss. If the appraisers sub- mit a written report of an agreement to the Company, the amount agreed upon shall be the amount of the loss. If the appraisers fail to agree within a reasonable time, they shall submit their differences to the umpire. Writ- ten agreement signed by any two of these three shall set the amount of loss. Each appraiser shall be paid by the party selecting that appraiser. other expenses of the appraisal and compensation of the umpire shall be paid equally by the named insured and the Company. 11. Company Options. If the Company gives nlltice within thirty (30) days after it has received a signed, sworn statement of loss, it shall have the option to take all or any part of the property damaged at an agreed value, or to repair, rebuild or replace it with equivalent property. 12. Abandonment Of Property. The Company need not accept any prop- erty abandoned by an insured. 13. Payment Of Loss. The Company will pay all adjusted claims within thirty (30) days after presentation and acceptance of the proof of loss. 14. Privilege To Adjust With Owner. (a) Except as provided in (b) below, or unless another payee is speci- fically named in the policy, loss, if any, shall be adjusted with and payable to the named insured. (b) I n the event claim is made for damage to property of others held by the insured, the right to adjust such loss or damage with the owner or owners of the property is reserved to the Company and the receipt of payment by such owner or owners in satisfaction thereof shall be in full satisfaction of any claim of the insured for which such pay- ment has been made. If legal proceedings be taken to enforce a claim against the insured as respects any such loss or damage, the Com pany reserves the right at its option without expense to the insured to conduct and control the defense on behalf of and in the name of the insured. No action of the Company in such regard shall increase the liability of the Company under this policy, nor increase the limits of liability specified in the ~~ ' . 15. Suit. No suit shall be brought on this policy unless the insured has complied with all the policy provisions and has commenced the suit within one year after the loss occurs. 16. Permits And Use. Except as otherwise provided, permission is granted: (a) to make alterations and repairs; (b) in the event of loss hereunder, to make reasonable repairs, tem- porary or permanent, provided such repairs are confined solely to the protection of the property from further damage, and provided further that the insured shall keep an accurate record of such repair ex- penditures. The cost of any such repairs directly attributable to dam- age by any peril insured against shall be included in determining the amount of loss hereunder. Nothing herein contained is intended to modify the poliCY requirements applicable in case loss occurs, and in particular the requirement that, in case loss occurs, the insured shall protect the property from further damage. 17. Vacancy, Unoccupancy and Increase of Hazard. (a) This Company shall not be liable for loss occurring while a de- scribed building, whether intended for occupancy by owner or tenant is vacant beyond a period of sixty consecutive days. "Vacant" or "Vacancy" means containing no contents pe~i~ing to oper~ti~ns or activities customary to occupancy of the bUilding, but a bUilding in process of construction shall not be deemed vacant. (b) Permission is granted for unoccupancy. (c) Unless otherwise provided in writing added hereto this Company shall not be liable for loss occurring while the hazard is increased by any means within the control or knowledge of the insured. e MP 00 90 (Ed. 07 77) 18. Protective Safeguls. If as a CO~WlQf this insurance that the in. sured shall maintain so far as is within lnh.-o'ntrol such protective safe- guards as are set forth by endorsement hereto. Failure to maintain such protective safeguards shall suspend this insur- ance only as respects the location or situation affected for the time of such discontinuance. 19. Mortgage Clause-Applicable Only To Buildings. This clause is effec- tive if a mortgagee is named in the Declarations. The word "mortgagee" includes "trustee". loss to buildings shall be payable to the named mort- gagee as interest may appear, under all present or future mortgages on the buildings described in the Declarations in order of precedence of mort- gages on them. As it applies to the interest of any mortgagee designated in the Declarations, this insurance shall not be affected by any of the following: (a) any act or neglect of the mortgagor or owner of the described bu ild i ngs; (b) any foreclosure or other proceedings or notice of sale relating to the property; (c) any change in the title or ownership of the property; (d) occupancy of the premises for purposes more hazardous than are permitted by this policy; provided, that in case the mortgagor or owner shall neglect to pay any pre. mium due under this policy, the mortgagee shall, on demand, pay the pre- mium. The mortgagee shall notify the Company of any change of ownership or occupancy or increase of hazard which shall come to the knowledge of the mortgagee. Unless permitted by this policy, such change of ownership or occupancy or increase of hazard shall be noted on the policy and the mortgagee shall on demand pay the premium for the increased hazard for the term it existed under this policy. If such premium is not paid, this policy shall be null and void. The Company reserves the right to cancel this policy at any time as pro- vided by its terms. If so cancelled, this policy shall continue in force for the benefit only of the mortgagee for ten days after notice to the mortgagee of such cancellation and shall then cease. The Company shall have the right to taneel this agreetMnt on ten days notice to the mortgagee. When the Company shall pay the mortgagee any sum for loss under this policy, and shall claim that, as to the mortgagor or owner, no liability therefor existed, the Company shall, to the extent of such payment, be thereupon legally subrogated to all the rights of the mortgagee to whom such payment shall have been made, under the mortgage debt. In lieu of taking such subrogation, the Company may, at its option, pay to the mortgagee the whole principal due or to grow due on the mortgage, With interest accrued and shall thereupon receive a full assignment and trans- fer of the mortgage and of all such other securities. However, no subroga- tion shall impair the right of the mortgagee to recover the full amount of said mortgagee's claim. 20. Recoveries. In the event the Company has made a payment for loss under the policy and a subsequent recovery is made of the lost or dam- aged property, the insured shall be entitled to all recoveries in excess of the amount paid by the Company, less only the actual cost of effecting such recoveries. 21. loss Clause. Any loss hereunder shall not reduce the amount of this insurance. 22. No Benefit To Bailee. This insurance shall not inure directly or in- directly to the benefit of any carrier or other bailee. 23. No Control. This insurance shall not be prejudiced: (a) by any act or neglect of the owner of any building if the insured is not the owner thereof, or by any act or neglect of any occupant (other than the insured) of any building when such act or neglect of the owner or occupant is not within the control of the insured, or (b) by failure of the insured to comply with any ~arran~y or .condi- tion contained in any endorsement attached to thiS poliCY With re- gard to any portion of the premises over which the insured has no control. Page 3 of 6 :~- --- DEFf..nONS APPLICABLE TO. SECTION II j When used in the provisions applicable to Section II of this policy (includ- ing endorsements forming a part hereof): "automobile" means a land motor vehicle, trailer or semitrailer designed for travel on public roads (including any machinery or apparatus attached thereto), but does not include mobile equipment; "bodily injury" means bodily injury,sickness or disease sustained by any person which occurs during the pOlicy period, including death at any time resulting therefrom; "collapse hazard" includes "structural property damage" as defined herein and property damage to any other property at any time resulting therefrom. "Structural property damage" means the collapse of or struc- tural injury to any building or structure due to (1) grading of land, ex- cavating, borrowing, filling, back-filling, tunneling, pile driving, cofferdam work or caisson work, or (2) moving, shoring, underpinning, raising or demolition of any building or structure or removal or rebuilding of any structural support thereof. The collapse hazard does not include property damage (1) arising out of operations performed for the named insured by independent contractors, or (2) included within the completed opera- tions hazard or the underground property damage hazard, or (3) for which liability is assumed by the insured under an incidental contract; "completed operations hazard" includes bodily injury and property dam- age arising out of operations or reliance upon a representation or warranty made at any time with respect thereto, but only if.the bodily injury or prop- erty damage occurs after such operations have been completed or aban- doned and occurs away from premises owned by or rented to the named insured. "Operations" include materials, parts or equipment furnished in connection therewith. Operations shall be deemed completed at the earliest of the following times: (1) when all operations to be performed by or on behalf of the named insured under the contract have been completed, (2) when all operations to be performed by or on behalf of the named insured at the site of the operations have been completed, or (3) when the portion of the work out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. Operations which may require further service or maintenance work, or correction, repair or replacement because of any defect or deficiency, but which are otherwise complete, shall be deemed completed. The completed operations hazard does not include bodily injury or prop- erty damage arisi ng out of (a) operations in connection with the transportation of property, un- less the bodily injury or property damage arises out of a condition in or on a vehicle created by the loading or unloading thereof, (b) the existence of tools, uninstalled equipment or abandoned or unused materials, or (c) operations for which the classification stated in the policy or in the company's manual specifies "including completed operations"; "elevator" means any hoisting or lowering device to connect floors or landings, whether or not in service, and all appliances thereof including any car, platform, shaft, hOistway, stairway, runway, power equipment and machinery; but does not include an automobile servicing hoist, or a hoist without a platform outside a building if without mechanical power or if not attached to building walls, or a hod or material hoist used in altera- tion, construction or demolition operations, or an inclined conveyor used exclusively for carrying property or a dumbwaiter used exclusively for carrying property and having a compartment height not exceeding four feet; "explosion hazard" includes property damage arising out of blasting or explosion. The explosion hazard does not include property damage (1) aris- ing out of the explosion of air or steam vessels, piping under pressure, prime movers, machinery or power transmitting equipment, or (2) arising out of operations performed for the named insured by independent con- tractors, or (3) included within the completed operations hazard or the underground property damage hazard, or (4) for which liability is assumed by the insured under an incidental contract; "incidental contract" means any written (1) lease of premises, (2) ease- ment agreement, except in connection with construction or demolition MP 00 90 (Ed. 07 77) operations on or adjacent to a railroad, (3) undertaking to indemnify a municipality required by municipal ordinance,except in connection with work for the municipality, (4) sidetrack agreement, or (5) elevator mainte- na nce agreement; "insured" means any person or organization qualifying as an insured in the "Persons Insured" provision of the applicable insurance coverage. The insurance afforded applies separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the company's liability; "mobile equipment" means a land vehicle (including any machinery or apparatus attached thereto), whether or not self-propelled, (1) not subject to motor vehicle registration, or (2) maintained for use exclusively on premises owned by or rented to the named insured, including the ways immediately adjoining, or (3) designed for use principally off public roads, or (4) designed or maintained for the sole purpose of affording mobility to equipment of the following types forming an integral part of or per- manently attached to such vePicle: power cranes, shovels, loaders, diggers and drills; concrete mixers (other than the mix-in.transit type); graders, scrapers, rollers and other road construction or repair equipment; air- compressors, pumps and generators, including spraying, welding and building cleaning equipment; and geophysical exploration and well servic- ing equipment; "named insured" means the person or organization named in Item 1. of the declarations of this policy; "named insured's products" means goods or products manufactured, sold, handled or distributed by the named insured or by others trading under his name, including any container thereof (other than a vehicle), but "named insured's products" shall not include a vending machine or any property other than such container, rented to or located for use of others but not sold; "occurrence" means an accident, including continuous or repeated ex- posure to conditions, which results in bodily injury or property damage neither expected nor intended from the standpoint of the insured; "policy territory" means: (1) the United States of America, its territories or possessions, or Canada, or (2) international waters or air space, provided the bodily injury or property damage does not occur in the course of travel or transporta- tion to or from any other cou ntry, state or nation, or (3) anywhere in the world with respect to damages because of bodily injury or property damage arising out of a product which was sold for use or consumption within the territory described in paragraph (1) above, provided the original suit for such damages is brought within such territory; "products hazard" includes bodily injury and property damage arising out of the named insured's products or reliance upon a representation or warranty made at any time with respect thereto, but only if the bodily in- jury or property damage occurs away from premises owned by or rented to the named insured and after physical possession of such products has been relinquished to others; "property damage" means (1) physical injury to or destruction of tangible property which occurs during the pOlicy period, including the loss of use thereof at any time resulting therefrom, or (2) loss of use of tangible prop- erty which has not been physically injured or destroyed provided such loss of use is caused by an occurrence during the policy period; "underground property damage hazard" includes underground property damage as defi ned herei n and property damage to a ny other property at any time resulting therefrom. "Underground property damage" means property damage to wires, conduits, pipes, mains, sewers, tanks, tunnels, any similar property, and any apparatus in connection therewith, beneath the surface of the ground or water, caused by and occurring during the use of mechanical equipment for the purpose of grading land, paving, ex- cavating, drilling, borrowing, filling, back-filling or pile driving. The under. ground property damage hazard does not include property damage (1) arising out of operations performed for the named insured by independent contractors, or (2) included within the completed operations hazard, or (3) for which liability is assumed by the insured under an incidental con. tract. Page 6 of 6 e It e e e - '" . , (c) Under any liability Coverage, to IdilY injury or property damage' resulting from the hazardous properties of nuclear material, if (1) the nuclear material (i) is at any nuclear facility owned by, or operated by or on behalf of, an insured or Oi) has been dis- charged or dispersed therefrom; (2) the nuclear material is contained in spent fuel or waste at any time possessed, handled, used, processed, stored, trans- ported or disposed of by or on behalf of an insured; or (3) the bodily injury or property damage arises out of the furn- ishing by an insured of services, materials, parts or equipment in connection with the planning, construction, maintenance, op- eration or use of any nuclear facility, but if such facility is located within the United States of America, its territories or possessions or Canada, this exclusion (3) applies only to property damage to such nuclear facility and any property thereat. II. As used in this exclusion "hazardous properties" include radioactive, toxic or explosive prop- erties; , "nuclear material" means source material, special nuclear material or byproduct material; "source material", "special nuclear materia''', and "byproduct ma- terial" have the meanings given them in the Atomic Energy Act of 1954 or in any law amendatory thereof; "spent fuel" means any fuel element or fuel component, solid or liquid, which has been used or exposed to radiation in a nuclear reactor; MP 00 90 (Ed. 07 77) "waste" means J, waste mate' 1) containing byproduct material and (2) resulting from the operation 'any person or organization of any nuclear facility included within the definition of nuclear facility under paragraph (a) or (b) thereof; "nuclear facility" means (a) a ny nuclear reactor, (b) any equipment or device designed or used for (1) separat- ing the isotopes of uranium or plutonium, (2) processing or utilizing spent fuel, or (3) handling, processing or packaging waste, (c) any equipment or device used for the processing, fabricat- ing or alloying of special nuclear material if at any time the total amount of such material in the custody of the insured at the premises where such equipment or device is located consists of or contains more than 25 grams of plutonium or uranium 233 or any combination thereof, or more than 250 grams of uranium 235, (d) any structure, basin, excavation, premises or place prepared or used for the storage or disposal of waste, and includes the site on which any of the foregoing is located, all operations conducted on such site and all premises used for such operations; "nuclear reactor" means any apparatus designed or used to sustain nuclear fission in a self-supporting chain reaction or to contain a critical mass of fissionable material; "property damage" includes all forms of radioactive contamination of property. Page 5 of 6 DEF~lnONS APPlICASLE TO. SEcnON II ( .. .------- When used in the provisions applicable to Section II of this policy (includ- ing endorsements forming a part hereof): "automobile" means a land motor vehicle, trailer or semitrailer designed for travel on public roads (including any machinery or apparatus attached thereto), but does not include mobile equipment; "bodily injury" means bodily injury, sickness or disease sustained by any person which occurs during the policy period, including death at any time resulting therefrom; "collapse hazard" includes "structural property damage" as defined herein and property damace to any other property at any time resulting therefrom. "Structural property damage" means the collapse of or struc- tural injury to any building or structure due to (1) grading of land, ex- cavating, borrowing, filling, back-filling, tunneling, pile driving, cofferdam work or caisson work, or (2) moving, shoring, underpinning, raising or demolition of any building or structure or removal or rebuilding of any structural support thereof. The collapse hazard does not include property damage (1) arising out of operations performed for the named insured by independent contractors, or (2) included within the completed opera- tions hazard or the underground property damage hazard, or (3) for which liability is assumed by the insured under an incidental contract; "completed operations hazard" includes bodily injury and property dam- age arising out of operations or reliance upon a representation or warranty made at any time with respect thereto, but only if .the bodily injury or prop- erty damage occurs after such operations have been completed or aban- doned and occurs away from premises owned by or. rented to the named insured. "Operations" include materials, parts or equipment furnished in connection therewith. Operations shall be deemed completed at the earliest of the following times: (1) when all operations to be performed by or on behalf of the named insured under the contract have been completed, (2) when all operations to be performed by or on behalf of the named insured at the site of the operations have been completed, or (3) when the portion of the work out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. Operations which may require further service or maintenance work, or correction, repair or replacement because of any defect or deficiency, but which are otherwise complete, shall be deemed completed. The completed operations hazard does not include bodily injury or prop- erty damage arisi ng out of (a) operations in connection with the transportation of property, un- less the bodily injury or property damage arises out of a condition in or on a vehicle created by the loading or unloading thereof, (b) the existence of tools, uninstalled equipment or abandoned or unused materials, or (c) operations for which the classification stated in the policy or in the company's manual specifies "including completed operations"; "elevator" means any hoisting or lowering device to connect floors or landings, whether or not in service, and all appliances thereof including any car, platform, shaft, hoistway, stairway, runway, power equipment and machinery; but does not include an automobile servicing hoist, or a hoist without a platform outside a building if without mechanical power or if not attached to building walls, or a hod or material hoist used in altera- tion, construction or demolition operations, or an inclined conveyor used exclusively for carrying property or a dumbwaiter used exclusively for carrying property and having a compartment height not exceeding four feet; "explosion hazard" includes property damage arising out of blasting or explosion. The explosion hazard does not include property damage (1) aris- ing out of the explOSion of air or steam vessels, piping under pressure, prime movers, machinery or power transmitting equipment, or (2) arising out of operations performed for the named insured by independent con- tractors, or (3) included within the completed operations hazard or the underground property damage hazard, or (4) for which liability is assumed by the insured under an incidental contract; "incidental contract" means any written (1) lease of premises, (2) ease- ment agreement, except in connection with construction or demolition MP 00 90 (Ed. 07 77) operations on or adjacent to a railroad, (3) undertaking to indemnify a municipality required by municipal ordinance, except in connection with work for the municipality, (4) sidetrack agreement, or (5) elevator mainte- nance agreement; "insured" means any person or organization qualifying as an insured in the "Persons Insured" provision of the applicable insurance coverage. The insurance afforded applies separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the company's liability; "mobile equipment" means a land vehicle (including any machinery or apparatus attached thereto), whether or not self-propelled, (1) not subject to motor vehicle registration, or (2) maintained for use exclusively on premises owned by or rented to the named insured, including the ways immediately adjoining, or (3) designed for use principally off public roads, or (4) designed or maintained for the sole purpose of affording mobility to equipment of the following types forming an integral part of or per- manently attached to such ve~icle: power cranes, shovels, loaders, diggers and drills; concrete mixers (other than the mix-in-transit type); graders, scrapers, rollers and other road construction or repair equipment; air- compressors, pumps and generators, including spraying, welding and building cleaning equipment; and geophysical exploration and well servic- ing equipment; "named insured" means the person or organization named in Item 1. of the declarations of this policy; "named insured's products" means goods or products manufactured, sold, handled or distributed by the named insured or by others trading under his name, including any container thereof (other than a vehicle), but "named insured's products" shall not include a vending machine or any property other than such container, rented to or located for use of others but not sold; "occurrence" means an accident, including continuous or repeated ex- posure to conditions, which results in bodily injury or property damage neither expected nor intended from the standpoint of the insured; "policy territory" means: (1) the United States of America. its territories or possessions, or Canada, or (2) international waters or air space, provided the bodily injury or property damage does not occur in the course of travel or transporta- tion to or from any other country, state or nation, or (3) anywhere in the world with respect to damages because of bodily injury or property damage arising out of a product which was sold for use or consumption within the territory described in paragraph (1) above, provided the original suit for such damages is brought within such territory; "products hazard" includes bodily injury and property damage arising out of the named insured's products or reliance upon a representation or warranty made at any time with respect thereto, but only if the bodily in- jury or property dam ace occurs away from premises owned by or rented to the named insured and after physical possession of such products has been relinquished to others; "property damage" means (1) physical injury to or destruction of tangible property which occurs during the policy period, including the loss of use thereof at any time resulting therefrom, or (2) loss of use of tangible prop- erty which has not been physically injured or destroyed provided such loss of use is caused by an occurrence during the policy period; "underground property damage hazard," includes underground property damage as defined herein and property damage to any other property at any time resulting therefrom. "Underground property damage" means property damage to wires, conduits, pipes, mains, sewers, tanks, tunnels, any similar property, and any apparatus in connection therewith, beneath the surface of the ground or water, caused by and occurring during the use of mechanical equipment for the purpose of grading land, paving, ex- cavating, drilling, borrowing, filling, back-filling or pile driving. The under- ground property damage hazard does not include property damage (1) arising out of operations performed for the named insured by independent contractors, or (2) included within the completed operations hazard, or (3) for which liability is assumed by the insured under an incidental con- tract. Page 6 016 e e - '~ I J In Witness Whereof, we have caused this policy to be executed and attested, but this policy shall not be valid unless countersigned by our authorized representative. %\~:~)~ Jf~ ~ ~ r ~!- J J <~ ~. SATISFACTION OF MORTGAGE .' KNOW ALL MEN BY THESE PRESENTS, That CITY OF CLEARWATER, FLORIDA, a municipal corporation, holder of a certain mortgage given by JOHN MANCINI and ELIZABETH MANCINI, husband and wife, to the CITY OF CLEAR WATER, FLORIDA, a municipal corporation, bearing date the 30th day of May, A. D. 1980, recorded in O. R. Book 5054, pages 2049 through 2054, in the office of the Circuit Court of Pinella!! County, State of Florida; given to secure the sum of One Hundred Nineteen Thousand Dollars ($199,000.00), evidenced by a certain note, upon the following described property, situate, lyin~ and being in Pinellas County, State of Florida, to wit: Lots 5, 6 & 7, Block 7, GOULD AND EWING FIRST ADDITION TO CLEARWA TER HARBOR, as recorded in Plat Book 1, Page 24, of the Public Records of Hillsborough County, Florida, of which Pinellas County was once a part, and the following described lands: Commencing at the SW corner of Lot 7, Block 7, GOULD AND EWING FIRST ADDITION TO CLEARWATER HARBOR, as recorded in Plat Book 1, Page 24 of the Public Records of Hillsborough County, Florida, of which Pinellas County was once a part; thence traverse S 89013'00" E, 113.44 feet along the South line of Lot 7 to the P. O. B. ; thence N 04041 '21" E, 67.74 feet along the East line of Lots 6 & 7 to a point; then S 89013' 00" E, 119.04 feet to a point on the West line of the Nall Mortonson Sub., as recorded in Plat Book 21, Page 8; thence S 04050'2411 W, 73.41 feet along the West line of the Nall Mortonson Sub., thence N 87049'19'1 W, 118.89 feet, thence N 04051' 21" E, 2. 76 feet to the P. O. B. Containing .607 acres more orless, together with the properties shown as parcels 1 & 2 on the attached survey, sheet 1 of 2, pre- pared by Curtis J. Deyoung on July 27, 1979, as shown on attached Exhibit A. has received full payment of said indebtedness, and does hereby acknowledge satisfaction of said mortgage, and hereby directs the Clerk of the said Circuit Court to cancel the same of record. IN WITNESS WHEREOF, the City of Clearwater has caused these 12th day of April presents to be executed in its name this A.D. 1982. CITY OF CLEARWA TER, FLORIDA Countersigned: By / s/ Anthony L. Shoemaker City Manager /s/ Charles F. LeCher Mayor- Commissioner Approved as to form & ~" '~ ;. . /,~ h ' . '. ttorney " , J c: C: '1 {/V'A/n(Cj Attest: / s / Lucille Williams City Clerk -1- - f J .1 STATE OF FLORIDA COUNTY OF PINELLAS I HEREBY CERTIFY, that on this 12th day of April, A. D. 1982, before me personally appeared Anthony L. Shoemaker, Thomas A. Bustin, Lucille Williams and Charles F. LeCher, respectively City Manager, City Attorney, City Clerk and Mayor-Commissioner of the City of Clearwater, Florida, a municipal corporation, to me known to be the individuals and officers described in and who executed the foregoing Satisfaction of Mortgage 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 affixed thereto; and the said instrument is the act and deed of said corporation. WITNESS my signature and official seal at Clearwater in the County of Pinellas and State of Florida, the day and year last above written. /s/ Henrietta F. Haggman Notary Public My Commission Expires: J ul Y 5, 1 9 85 ,. -2- ...J:.l. Iii ';,;1..1l.1:... T'''''PIl'' r.I,;r: ~ r- ,.. "Tli ,".......~.___., i ._-".~^~ -.._.. _" I i' 'I :) .'HijntIOATE!A~D'iREPORT ) :H~~E TO ~M'll~ION ). '\MITHAIll:ACENCI'ES CONCERNED: )EX'.,-'.EPLYi ~-,.------------- ----c----<-- ) FCMl! iJOUI flUs " ) "1 :YOUR SIG..~l1IJRE ) RETlURN ( "~~'c1" .a:,.tuna.. ~ 1