GULF AMERICAN FINANCIAL CORPORATION
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V~::'e: STEWART TITLE OF CLEARWATER, INC.
Address: 32722 U.S. Highway 19 N.
Palm Harbor, F!orida :M684
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INST # 95-27b:48
OCT 26, 1995 2:41PM
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This Instrument Prepared by: MIKELL L. ST. GERMAIN
of STEWART TITLE OF CLEARWATER, INC.
as a necessary incident to the fulfillment of conditions
contained in a title insurance commitment issued by it,
Property Appraisers Parcel Identification (Folio) Number(s):
16/29/15/00000/240/0300 - 16/29/15/00000/240/0500
Grantee(s) I.D,# 16/29/15/00000/240/0600
FILE NO: 94090069
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PINELLAS COUNTY FLA.
OFF.REC.BK 9145 PG 2185
SPECIAL
WARRANTY DEED
This Special Wai'ranty Deed Made this 24th day of October ,1995,
by GULF AMERICAN FINANCIAL CORPORATION , Florida corporation and
FIRST FEDERAL SAVINGS AND LOAN ASSOCIATION OF OSCEOLA COUNTY
,
a corporation existing under the laws of S tat e 0 f F lor i da , and having its place of business at
200 E. Broadway Kissimmee, Florida 34741
hereinafter called the grantor, to CITY OF CLEARWATER, FLORIDA, a Florida municipal
corporation
whose post office address is: P.O. Box 4748 Clearwater, Florida 34618-4748
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hereinafter called the grantee,
WITNESSETH: That grantor, for and in consideration of the sum of $10,00 Dollars, and other valuable considerations, receipt
whereof is hereby acknowledged, by these presents does grant, bargain, sell, alien, remise, release, convey and confIrm unto grantee,
all that certain land situate in P INELLAS County, Florida, viz:
SEE EXHIBIT IIAII ATTACHED HERETO AND MADE A PART HEREOF.
Subject to easements and restrictions of record, if any, and taxes accruing subsequent
to October 26, 1995.
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TOGETItER with aU ti teh~ebs;-he;edltatnents tnd appurtenances thereto belonging or in anywise appertaining,
To Have and to Hold, the same in fee simple forever.
And the grantor hereby covenants with said grantee that the grantor is lawfully seized of said land in fee simple; that the grantor has
good right and lawful authority to sell and convey said land; that the grantor hereby fully warrants the title to said land and will defend
the same against the lawful claims of all persons claiming by, through or under the said grantor,
(Wherever used herein the terms "grantor" and "grantee" included all the parties to this instrument, and the heirs, legal representatives and assigns of individuals, and the
successors and assigns of cotporation).
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IN WITNESS WHEREOF, the grantor has caused these presents to be executed
in its name. and its corporate seal to be hereunto affixed, by its proper officers thereunto
duly authorized, the day and year fIrst above written,
ATTEST: -P\u..y0 U~e~
Signed, sealed and delivered in the presence of:
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Witness Signature: L l
Witness Printed Name=; "
Witness Signature:'/ '
Witness Printed Name: .
GULF AMERICAN FINANCIAL
CORPORATION , Florida corp~rO:.t:ion
BY( --;?r/d:/-U-Yh?.() d~--"'
WILLIAM D. THARPE, VICE
PRESIDENT
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STATE OF FLORIDA
COUNTY OF /~cuf.t--
The foregoing instrument was acknowledged before me this 24 th day of October' 19 95 by
WILLIAM D. THARPE as VICE PRESIDENT of GULF AMERICAN FINANCIAL
CORPORATION , Florida corporation, a STATE OF FLORIDA corporation,
J (~n behalf of the corporation@heis personally known to me or has produced driver license(s) as identification,
{"{? I /)'Ce(
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j, /",(" "C- My Commission expires: / I ~ " I ~ 1 ,/ /lJu .
J-I.,{;-or #...,.' '~ TERl LOOSbbtl. Printed Name: j ~.AS c .:::J
iii '" ""'""""'" CC333A43 ()
* ,* Expire. 0.0, 01, 1897 Notary Public
, Bondeid by HAl Serial Number
"~OFfl.d' 100-42.1558 //J ,--/~ I) i'" f
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OFIp NELLAS
.REC.BK gCOUNTY FLA
145 PG .
. 2186
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IN WITNESS WHEREOF, the grantor has caused these presents to be executed
in its name, and its corporate seal to be hereunto affixed, by its proper officers thereunto
, duly authorized, the day and year first above written.
ATI'BST: ~\~ ~ ~ FIRST FEDERAL SAVINGS AND LOAN ASSOCIATION
~ Secretary OF OSCEOLA COUNTY
Signed, sealed and delivered in the presence of: , ~
Witness Signature/ BY / "tv ~~, ,() ~
Witness Printed Name: WILLIAM D. THARPE, VICE
Witness Signature: ./ PRES IDENT
Witness Printed Name: '"
STATE OF FLORIDA
COUNTY OF/O~(!.e~t"
The foregoing instrument was acknowledged before me this 24th day of October , 1995 by
WILLIAM D. THARPE as VICE PRESIDENT of FIRST FEDERAL SAVINGS AND LOAN
ASSOCIATION OF OSCEOLA COUNTY
I on behalf of the corporatiOn@She is personally known to me or has produced driver license(s) as identification,
My ConuniSsion expires: /
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+",-^-'f"l.t- TERI LOGSDON
. My Commission CC333443
* ,,: :/J: Expires Dee, 01. 1997
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....1t0f"-,.~ 100..22.1555
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Notary Public
Serial Number
9121.72 _ 10-'-1995'12:33:18
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'.. .-rFM' 10 $.50
TOTAL:' $4.51
~ AIIOlIIT: $4.50
-..JaI9I73' -. 1..-1995 12:33:50 (
" 01 IO-CITY OF CUlt
--.... 1 ',' $19..50
*STMP.cDR2l9 3 $1,225.00
---
tl,244.50
$1,244.50
$.00
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page 1 of :3
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, EXHIBIT "A"
)PINELLAS COUNTY FLA.
OF.REC.BK 9145 PG 2187
PARCEL I
That part of the following described land, lying West of pierce
Boulevard:
From the Northeast corner of Section 16, T6wnship 29 South,
Range 15 East, run South along the East line of said Section 16,
a distance of 1,546,16 feet; thence South 89 deg. 45' West
along the South line of Pierce Street, a distance of 2,289,00
feet, more or less, to the average high water line of Clearwater
Bay, same being the Northwest corner of property of John R,
Davey Estate, for Point of Beginning; thence continue South 89
deg. 45' West, 700.00 feet to the East side of channel in
Clearwater Bay; thence in a southerly course along the East side
of channel to a point opposite to and parallel with the South
boundary line of property of John R, Davey Estate projected;
thence North 89 deg. East on and parallel to the projected South
boundary of aforesaid property of John R. Davey Estate, a
distance of 700.00 feet to the Southwest corner of the aforesaid
property, the same being the average high water line of
Clearwater Bay; thence in a Northerly course along the average
high water line of Clearwater Bay to Point of Beginning; all
lying and being in Pinellas County, Florida.
PARCEL II
That portion of TRACT A as described below lying West of TRACT B
as described below, all being a part of Section 16, Township 29
South, Range 15 East, Pinellas County, Florida
TRACT A
Commencing at a point 1526.16 feet South of the Northern
boundary line of Section 16, Township 29 South, Range 15 East,
and 1320 feet West of the East boundary line of said Section 16
on the Quarter Section Line, thence run North 89 deg. 45' West
402.38 feet to the center of Pierce Street on the West line of
Osceola Avenue, if extended, in the City of Clearwater, Florida;
thence run South 0 deg. 5' West along the West line of Osceola
Avenue, if extended, 165,69 feet to a concrete monument, run
thence North 89 deg, 21' 48" West 567.4 feet to a seawall on the
shore of Clearwater Harbor, for Point of Beginning, thence
South 16 deg, 5' West along said seawall 138,7 feet, thence
North 89 deg. 36' 52" West 700 feet to East side of channel in
Clearwater Bay, thence North 16 deg. 5' West 138.7 feet along
the East side of said channel, thence run South 89 deg. 21' 48"
East 700 feet to Point of Beginning; all of said land situated,
lying and being in Section 16, Township 29 South, Range 15 East,
Pinellas County, Florida,
TRACT B
That part of Section 16, Township 29 South, Range 15 East, in
the City of Clearwater, County of Pinellas, State of Florida,
being more particularly described as follows, to-wit: Commence
at the Northeast corner of the aforesaid Section 16-29-15 and
run West along its North boundary 1320 feet; thence South
1526.16 feet along the West boundary of the East one-half of the
Northeast one-quarter of the aforesaid Section 16-29-15 to an
Intersection with an Easterly projection of the centerline of
the West line of Osceola Avenue as extended across pierce
Street; thence South 20 feet along this projection to a cross
cut in the walk at the Southwest corner of the intersection of
pierce Street and Osceola Avenue, as it now exists; thence run
South 88 deg, 18' 42" West, 653,03 feet to a cross cut in the
top of Old Seawall; thence run South 0 deg, 53' 02" East, 149,80
feet to a concrete monument for a Point of Beginning; from
this located Point of Beginning run thence North 88 deg. 18' 42"
East, 57,11 feet; thence along a curve to the right having a
radius of 980 feet, a chord bearing of South 10 deg, 52' 56"
East, a chord distance of 134.22 feet and an arc of 134.33 feet;
thence run South 88 deg. 36' 33" West, 80,41 feet; thence along
a curve to the left having a radius of 900 feet, a chord
bearing of North 11 deg, 43' 31" West, a chord distance of
134,14 feet and an arc of 134.20 feet; thence run North 88 deg,
18' 42" East, 25,23 feet to the Point of Beginning.
PARCEL III
That part of fractional Section 16, Township 29 South, Range 15
East described as follows: From the Northeast corner of said
Section 16, run West 1712.09 feet, thence South 1828,55 feet to
a point on the Westerly line of Osceola Avenue, said point
being further described as lying 262,18 feet North of Northwest
corner of Osceola Avenue and Haven Street; from said point run
thence South 89 deg. 17' 46" West 667,04 feet for point of
beginning; said line being further identified as the Northerly
line and the Easterly extension thereof of the tract of land
conveyed by Trustees of the Internal Improvement Fund dated
January 20, 1926, and recorded as Instrument No. 210,488. From
the point of beginning thus established run thence South 0 deg.
01' 29" West 49,01 feet, thence North 89 deg, 40' 05" East 4,5
feet, thence South 0 deg. 01' 29" West 101.25 feet, thence along
a curve to the left whose chord bears South 4 deg. 08' 43" East
36,59 feet, radius equals 104.5 feet; thence along a curve to
the left whose chord bears South 42 deg 18' 13" East 56.52 feet,
radius equals 45 feet; thence North 88 deg, 37' 17" East 87,97
feet; thence South 30 deg, 09' 01" East 29,90 feet to the North
line of Haven Street, thence North 89 deg, 46' 25" West along
the North line of Haven Street and its extension into Clearwater
Bay 739.82 feet to the Westerly line of submerged land
according to deed recorded in Deed Book 405, Page 437 of the
Public Records of pinellas County, Florida, thence North 23 deg,
19' 00" East 265,02 feet, thence North 89 deg, 17' 46" East
486.96 feet to Point of Beginning,
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ALSO DESCRIBED AS:
PINELLAS COUNTY FLA.
OFF.REC.BK 9145 PG 2188
A parcel of upland and contiguous submerged land in Section 16,
Township 29 South, Range 15 East, Pinellas County, Florida,
being more particularly described as follows:
From the Northeast corner of Section 16, Township 29 South,
Range 15 East, run South along the East line of said Section
16, a distance of 1,546.16 feet; thence South 89 c1eg. 45' 00"
West, along the South line of Pierce Street, a distance of
2,289 feet, more or less, to a point on the Westerly
right-of-way line of Pierce Boulevard, said point being the
Point of Beginning; thence continue South 89 deg. 49' 00" West,
along the South boundary line of PIERCE 100 CONDOMINIUM, a
distance of 700 feet, more or less; thence run South 09 c1eg.
02' 16" West, a distance of 287.8 feet, more or less; thence
run Uorth (in error, should be south) 89 deg. 30' 00" East, a
distance of 190.42 feet, more or less; thence run South 23 deg.
19' 00" \!Jest, a distance of 285 feet, more or less; thence run
East a distance of 840 feet, more or less along the North
right-of-way of Haven Street extended, to a point on the
Westerly right-of-way line of Pierce Boulevard; thence run
along said Westerly right-of-way line of Pierce Boulevard, in a
North-Northwesterly direction, having a chord bearing North 17
deg. 23' 03" West, a distance of 577.02 feet, to the Point of
Beginning.
Page 2 of 3
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EXHIBIT "A"
I PINELLAS COUNTY FLA.
OFF.REC.BK 9145 PG 2189
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ALTA OWNER'S POLICY - 10-17-92 WITH FLORIDA ~DIF/CATlONS
"If yoy want information ab-out coverage or nefl assistance to resolve complaints, please call 1-81>0-729-1902.
policy, you must furnish written notice in occordance with Section 3 of the Conditions and StipulatiJ,s,"
If you mC1ke a c1d'im under your
-- - - -- -~
POLICY OF TITLE INSURANCE ISSUED BY
94090069
STEWART TITLE
GUARANTY COMPANY
SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN
SCHEDULE B AND THE CONDITIONS AND StiPULATIONS, STEWART TITLE GUARANTY COMPANY, a Texas
corporation, herein called the Company, insures, as of Date of Policy shown in Schedule A, against loss or damage, not
exceeding the Amount of Insurance stated in Schedule A, sustained or incurred by the insured by reason of:
1. Title to the estate or interest described in Schedule A being vested other than as stated therein;
2, Any defect in or lien or encumbrance on the title;
3. Unmarketability of the title;
4. Lack of a right of access to andJromthelahd,
The Company will also pay the costs, attorl1~~I~ari(j'i~iilcunl. in defense of the title, as insured, but only
to the extent provided in the Conditions and Stipulations,
IN WITNESS WHEREOF, Stewart Title Guaranty Company hascc:llJsed this policy to be signed and sealed by its
duly authorized officers as of the Date of Policy shown in Schedule A.
STEWARTTI~'LE
~11A. H A N TY CO Miaicsy
Company
City, State
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or
expenses which arise by reason of:
1, (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting,
regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improvement now or
hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a
part; or (iv) environmental protection, or the effect of any violation of these laws,ordj~ances or governmental regulations, except to the extent that a notice of
the enforcement thereof or a notice of a defect, lien or encumbranceresultingfromayiolation or alleged violation affecting the land has been recorded in th
public records at Date of Policy,
(b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or
encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy,
2, Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage
any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge,
3, Defects, liens, encumbrances, adverse claims or other matters:
(a) created, suffered, assumed or agreed to by the insured claimant;
(b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to
the Company by the insured claimant prior to the date the insured claimant became an insured under this policy;
(c) resulting in no loss or damage to the insured claimant;
(d) attaching or created subsequent to Date of Policy; or
(e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the estate or interest insured by this policy,
4, Any claim, which arises out of the transaction vesting in the Insured the estate or interest insured by this po/icy, by reason of the operation of federal
bankruptcy, state insolvency, or similar creditors' rights laws, that is based on:
(a) the transaction creating the estate or interest insured by this policy being deemed a fraudulent conveyance or fraudulent transfer; or
(b) the transaction creating the estate or interest insured by this policy being deemed a preferential transfer except where the preferential transfer results
from the failure:
(i) to timely record the instrument of transfer; or
(ii) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor,
-- - - -- - - -
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SCHEDULE A
FILE NO, POLICY NUMBER DATE OF POLICY AMOUNT OF INSURANCE
October 26, 1995
94090069 0-2125-36760 2:41 P.M. $175,000.00
1. Name of Insured:
CITY OF CLEARWATER, FLORIDA, a Florida municipal corporation
2. The estate or interest in the land which is covered by this Policy is:
FEE SIMPLE
3. Title to the estate or interest in the land is vested in the Insured.
4. The land referred to in this policy is described as follows:
PARCEL I
That part of the following described land, lying West of Pierce
Boulevard:
From the Northeast corner of Section 16, Township 29 South,
Range 15 East, run South along the East line of said Section 16,
a distance of 1,546.16 feet; thence South 89 deg. 45' West
along the South line of Pierce Street, a distance of 2,289.00
feet, more or less, to the average high water line of Clearwater
Bay, same being the Northwest corner of property of John R.
Davey Estate, for Point of Beginning; thence continue South 89
deg. 45' West, 700.00 feet to the East side of channel in
Clearwater Bay; thence in a southerly course along the East side
of channel to a point opposite to and parallel with the South
boundary line of property of John R. Davey Estate projected;
thence North 89 deg. East on and parallel to the projected South
boundary of aforesaid property of John R. Davey Estate, a
distance of 700.00 feet to the Southwest corner of the aforesaid
property, the same being the average high water line of
Clearwater Bay; thence in a Northerly course along the average
high water line of Clearwater Bay to Point of Beginning; all
lying and being in Pinellas County, Florida.
For Company reference Purposes Only
According to insured representation or vesting instrument(s), the street address of the property is:
Street Name:
City/State/Zip:
County: PINELLAS Pin/Tax #: 16/29/15/00000/240/0300
The Company does not represent or insure the above address is accurate
STEWART TITLE
Reg, D 0012 Rev, 11-91
GUARANTY COMPANY
J' I
ALTA OWNER'S POLICY SCHEDULE A - CONTINUED
POLICY NO. 0-2125-36760
FILE NO: 94090069
PARCEL II
That portion of TRACT A as described below lying West of TRACT B
as described below, all being a part of Section 16, Township 29
South, Range 15 East, Pinellas County, Florida
TRACT A
Commencing at a point 1526.16 feet South of the Northern
boundary line of Section 16, Township 29 South, Range 15 East,
and 1320 feet West of the East boundary line of said Section 16
on the Quarter Section Line, thence run North 89 deg. 45' West
402.38 feet to the center of Pierce Street on the West line of
Osceola Avenue, if extended, in the City of Clearwater, Florida;
thence run South 0 deg. 5' West along the West line of Osceola
Avenue, if extended, 165.69 feet to a concrete monument, run
thence North 89 deg. 21' 48" West 567.4 feet to a seawall on the
shore of Clearwater Harbor, for Point of Beginning, thence
South 16 deg. 5' West along said seawall 138.7 feet, thence
North 89 deg. 36' 52" West 700 feet to East side of channel in
Clearwater Bay, thence North 16 deg. 5' West 138.7 feet along
the East side of said channel, thence run South 89 deg. 21' 48"
East 700 feet to Point of Beginning; all of said land situated,
lying and being in Section 16, Township 29 South, Range 15 East,
Pinellas County, Florida.
TRACT B
That part of Section 16, Township 29 South, Range 15 East, in
the City of Clearwater, County of Pinellas, State of Florida,
being more particularly described as follows, to-wit: Commence
at the Northeast corner of the aforesaid Section 16-29-15 and
run West along its North boundary 1320 feet; thence South
1526.16 feet along the West boundary of the East one-half of the
Northeast one-quarter of the aforesaid Section 16-29-15 to an
Intersection with an Easterly projection of the centerline of
Pierce Street; thence run South 89 deg. 45' West, 418 feet along
the aforesaid centerline of Pierce Street to a projection of
the West line of Osceola Avenue as extended across Pierce
Street; thence South 20 feet along this projection to a cross
cut in the walk at the Southwest corner of the intersection of
Pierce Street and Osceola Avenue, as it now exists; thence run
South 88 deg. 18' 42" West, 653.03 feet to a cross cut in the
top of Old Seawall; thence run South 0 deg. 53' 02" East, 149.80
feet to a concrete monument for a Point of Beginning; from this
located Point of Beginning run thence North 88 deg. 18' 42"
East, 57.11 feet; thence along a curve to the right having a
i
I
ALTA OWNER'S POLICY SCHEDULE A - CONTINUED
POLICY NO. 0-2125-36760
FILE NO: 94090069
radius of 980 feet, a chord bearing of South 10 deg. 52' 56"
East, a chord distance of 134.22 feet and an arc of 134.33 feet;
thence run South 88 deg. 36' 33" West, 80.41 feet; thence along
a curve to the left having a radius of 900 feet, a chord
bearing of North 11 deg. 43' 31" West, a chord distance of
134.14 feet and an arc of 134.20 feet; thence run North 88 deg.
18' 42" East, 25.23 feet to the Point of Beginning.
PARCEL III
That part of fractional Section 16, Township 29 South, Range 15
East described as follows: From the Northeast corner of said
Section 16, run West 1712.09 feet, thence South 1828.55 feet to
a point on the Westerly line of Osceola Avenue, said point
being further described as lying 262.18 feet North of Northwest
corner of Osceola Avenue and Haven Street; from said point run
thence South 89 deg. 17' 46" West 667.04 feet for point of
beginning; said line being further identified as the Northerly
line and the Easterly extension thereof of the tract of land
conveyed by Trustees of the Internal Improvement Fund dated
January 20, 1926, and recorded as Instrument No. 210,488. From
the point of beginning thus established run thence South 0 deg.
01' 29" West 49.01 feet, thence North 89 deg. 40' 05" East 4.5
feet, thence South 0 deg. 01' 29" West 101.25 feet, thence along
a curve to the left whose chord bears South 4 deg. 08' 43" East
36.59 feet, radius equals 104.5 feet; thence along a curve to
the left whose chord bears South 42 deg 18' 13" East 56.52 feet,
radius equals 45 feet; thence North 88 deg. 37' 17" East 87.97
feet; thence South 30 deg. 09' 01" East 29.90 feet to the North
line of Haven Street, thence North 89 deg. 46' 25" West along
the North line of Haven Street and its extension into Clearwater
Bay 739.82 feet to the Westerly line of submerged land
according to deed recorded in Deed Book 405, Page 437 of the
Public Records of pinellas County, Florida, thence North 23 deg.
19' 00" East 265.02 feet, thence North 89 deg. 17' 46" East
486.96 feet to Point of Beginning.
ALSO DESCRIBED AS:
A parcel of upland and contiguous submerged land in Section 16,
Township 29 South, Range 15 East, Pinellas County, Florida,
being more particularly described as follows:
From the Northeast corner of Section 16, Township 29 South,
Range 15 East, run South along the East line of said Section
16, a distance of 1,546.16 feet; thence South 89 deg. 45' 00"
West, along the South line of Pierce Street, a distance of
J
CONDITIONS AND STIPULATIONS Continued
(continued and concluded from reverse side of Policy Face)
I
.,
(a) The liability of the Company under this policy shall not exceed the least
'- of:
(i) the Amount of Insurance stated in Schedule A; or,
(ii) the difference between the value of the insured estate or interest as
insured and the value of the insured estate or interest subject to the defect, lien
or encumbrance insured against by this policy,
(!1.) (This paragraph removed in Florida policies,)
(c) The Company will pay only those costs, attorneys' fees and expenses
incurred in accordance with Section 4 of the Conditions and Stipulations,
8, APPORTIONMENT.
If the land described in Schedule A consists of two or more parcels which are
not used as a single site, and a loss is established affecting one or more of the
parcels but not all, the loss shall be computed and settled on a pro rata basis as
if the amount of insurance under this policy was divided pro rata as to the value
on Date of Policy of each separate parcel to the whole, exclusive of any
improvements made subsequent to Date of Policy, unless a liability or value has
otherwise been agreed upon as to each parcel by the Company and the insured
at the time of the issuance of this policy ond shown by an express statement or by
an endorsement attached to this policy,
9, LIMITATION OF LIABILITY,
(a) If the Company establishes the title, or removes the alleged defect, lien
or encumbrance, or cures the lack of a right of access to or from the land, or
cures the claim of unmarketability of title, all as insured, in a reasonably diligent
manner by any method, including litigation and the completion of any appeals
therefrom, it shall have fully performed its obligations with respect to that matter
and shall not be liable for any loss or damage caused thereby,
(b) In the event of any litigation, including litigation by the Company or with
the Company's consent, the Company shall have no liability for loss or damage
until there has been a final determination by a court of competent jurisdiction,
and disposition of all appeals therefrom, adverse to the title as insured,
(c) The Company shall not be liable for loss or damage to any insured for
liability voluntarily assumed by the insured in settling any claim or suit without the
prior written consent of the Company,
10, REDUCTION OF INSURANCE; REDUCTION OR TERMINATION OF
LIABILITY.
AII/ayments under this policy, except payments made for costs, attorneys'
fees an expenses, shall reduce the amount of the insurance pro tanto,
11. LIABILITY NONCUMULATIVE,
It is expressly understood that the amount of insurance under this policy
shall be reduced by any amount the Company..may pay under any policy insuring
a mortgage to which exception is taken in Schedule B or to which the insured
has agreed, assumed, or taken subject, or which is hereafter executed by an
insured and which is a charge or lien on the estate or interest described or
referred to in Schedule A, and the amount so paid shall be deemed a payment
under lhis policy to the insured owner,
12, PAYMENT OF LOSS,
(a) No payment shall be made without producing this policy for endorse-
ment of the payment unless the policy has been lost or destroyed, in which case
proof of loss or destruction shall be furnished to the satisfaction of the Company,
(b) When liability and the extent of loss or damage has been definitely
fixed in accordance with these Conditions and Stipulations, the loss or damage
sholl be payable within 30 days thereafter.
13, SUBROGATION UPON PAYMENT OR SETTLEMENT,
(a) The Company's Right of Subrogation,
Whenever the Company shall have settled and paid a claim under this pol-
icy, all right of subrogation shall vest in the Company unaffected by any act of
the insured claimant.
The Company shall be subrogated to and be entitled to all rights and reme-
dies which the insured claimant would have had against any person or property
in respect to the claim had this policy not been issued. If requested by the Com-
pany, the insured claimant shall transfer to the Company all rights and remedies
against any person or property necessary in order to perfect this right of subro-
gation. The insured claimant shall permit the Company to sue, compromise or
settle in the name of the insured claimant and to use the name of the insured
claimant in any transaction or litigation involving these rights or remedies.
,
If a payment on account of a claim does not fully cover the loss of the
insured claimant, the Company shall be subrogated to these rights and remedies
in the proportion which the Company's payment bears to the whole amount of
the loss,
If loss should result from any act of the insured claimant, as stated above,
that act shall not void this policy, but the Company, in that event, shall be
required tOlay only that part of any losses insured against by this policy which
shall excee the amount, if any, lost to the Company by reason of the impair.
ment by the insured claimant of the Company's right of subrogation.
(b) The Company's Rights Against Non-insured Obligors,
The Company's right of subrogation against non.insured obligors shall exist
and shall include, without limitation, the rights of the insured to indemnities, gua-
ranties, other policies of insurance or bonds, notwithstanding any terms or condi.
tions contained in those instruments which provide for subrogation rights by rea-
son of this policy.
14, ARBITRATION
Unless prohibited by applicable law, arbitration pursuant to the Title Insur:
ance Arbitration Rules of the American Arbitration Association may be demanded
if agreed to by both the Company and the insured, Arbitrable matters may
include, but are not limited to, any controversy or claim between the Company
and the insured arising out of or relating to this policy, any service of the
Company in connection with its issuance or the breach of a policy provision or
other obligation. Arbitration pursuant to this policy and under the Rules in effect
on the date the demand for arbitration is made or, at the option of the insured,
the Rules in effect at Date of Policy shall be binding upon the parties, The award
may include attorneys' fees only if the laws of the state in which the land is
located permit a court to award attorneys' fees to a prevailing party, Judgment
upon the award rendered by the Arbitrator(s) may be entered in any court
having iurisdiction thereof,
The law of the situs of the land shall apply to an arbitration under the Title
Insurance Arbitration Rules,
A copy of the Rules may be obtained from the Company upon request,
15, LIABILITY LIMITED TO THIS POLICY; POLICY ENTIRE CONTRACT.
(a) This policy together with all endorsements, if any, attached hereto by
the Company is the entire policy and contract between the insured and the Com-
pany, In interpreting any provision of this policy, this policy shall be construed as
a whole.
(b) Any claim of loss or damage, whether or not based on negligence, and
which arises out of the status of the title to the estate or interest covered hereby or
by any action asserting such claim, shall be restricted to this policy.
(c) No amendment of or endorsement to this policy can be made except by
a writing endorsed hereon or attached hereto signed by either the President, a
Vice President, the Secretary, an Assistant Secretary, or validating officer or
authorized signatory of the Company,
16, SEVERABILITY,
In the event any provision of the policy is held invalid or unenforceable under
applicable law, the policy shall be deemed not to include that provision and all
other provisions shall remain in full force and effect,
17, NOTICES, WHERE SENT,
All notices required to be given the Company and any statement in writing
required to be furnished the Company shall include the number of this policy
and shall be addressed to the Company at P,O, Box 2029, Houston, Texas
77252-2029,
STE'V,,\..H.T TI~rLE
GUARANTY ('()MIJANY
I A.-, . ' -
U:~.DEPARTMENT OF HOUSING AND URBANIbEVELOPMENT II: TYPE OF LOAN
, 1. [ J FHA 2. [ JFMHA , 3. [ JCONV. UNINS.
4. [ lVA 5. [ 1 CONV. INS. [Xl Cash (8)
6. FILE NUMBER: 94090069 7. LOAN NUMBER:
8. MTG. INS. CASE NO.:
C.NOTE: This form is furnished to give you a statement of actual settlement costs, Amounts paid to and by the settlement agent are shown, Items marked
("p,o,c,") were paid outside the closing: they are shown here for information purposes and are not included in the totals,
D. NAME OF BORROWER: CITY OF CLEARWATER, FLORIDA, a Florida municipal corporation
ADDRESS: P.O. Box 4748 Clearwater, Florida 34618-4748
E. NAME OF SELLER: GULF AMERICAN FINANCIAL CORPORATION, Florida corporation
FIRST FEDERAL SAvrnGS & LOAN ASSOCIATICW OF OSCEOLA' OOUNTY
ADDRESS: 200 E. Broadway Kissimmee, Florida 34741 SELLER TIN:
F. NAME OF LENDER:
ADDRESS:
G.PROPERTY LOCATION: 200 - 300 BLOCKS, PIERCE BLVD., CLEARWATER, FLORIDA
H. SETTLEMENT AGENT: STEWART TITLE OF CLEARWATER
ADDRESS: 32722 U.S. 19 mRnI
PAlM ,. --. SETTLEMENT AGENT TIN: 59-1433918
PLACE OF SETTLEMENT: STEWART TITLE OF CLEARWATER I.SETTLEMENT DATE
ADDRESS: 1290 COURT ST. CLEARWATER, FL 34616 Closing date: 10/26/95
299th dav/66 remain
J. SUMMARY OF BORROWER'S TRANSACTION K. SUMMARY OF SELLER'S TRANSACTION
100. GROSS AMOUNT DUE FROM BORROWER: 400, GROSS AMOUNT DUE TO SELLER:
101. Contract sales price 175,000.00 401. Contract sales orice 175,000.00
102, Personal prooertv 402, Personal property
103, Settlement charl!es to borrower(line 1400) 19.50 403,
104, 404,
105, 405,
Adjustments for items paid by seller in advance: Adjustments for items paid for seller in advance:
106, City/town taxes to 406, City/town taxes to
107. County taxes to 407, County taxes to
108. Assessments to 408, Assessments to
109. 409,
110. 410.
111. 411.
112, 412,
120, GROSS AMOUNT DUE FROM BORROWER: 420, GROSS AMOUNT DUE TO SELLER: 175,000.00
175,019.50
200, AMOUNTS PAID BY OR IN BEHALF OF BORROWER: 500. REDUCTIONS IN AMOUNT DUE TO SElLER:
201. Deoosit or earnest money 501. Excess deposit(see instructions)
202, Principal amount of new loan(s) 502, Settlement charl!es to seller(line 1400) 14 730.00
203, Existinl! loan(s) taken subiect to 503, EJdstingloan(s)takensubiectto
204, 504. Payoff of first mortgal!e loan
205, 505, Payoff of second mortl!age loan
206, 506,
207, 507,
208, 508. CTF. INDEBT/CITY
209. (180.00 PLUS 413.83 INT.) 593.83
Adiustments for Items unpaid bv seller: Adiustments for items unpaid by seller:
210, City/town taxes to 510, City/town taxes to
211. County taxes to 511. County taxes to
212, Assessments to 512, Assessments to
213, 513,
214, 514,
215. 515.
216, 516.
217. 517. 1995 TAXES PARCEL (0300) 563.26
218, 518. 1995 TAXES PARCEL (0500) 1.968. n
219. 519, 1995 TAXES PARCEL (0600) 1,060.76
220, TOTAL PAID BY/FOR BORROWER: 520, TOTAL REDUCTION IN AMOUNT: 18.916.62
300. CASH AT SETTLEMENT FROM/TO BORROWER: 600. CASH AT SETTLF.MENT TO/FROM SElLER:
301. Gross amount due from borrower(line 120) 175.019.50 601. Gross amount due to seller(line 420) 175,000.00
302, Less amounts paid by/for borrower(line 220) 602, Less total reductions in amount due seller(Jine 520) 18,916.62
303, CASH IX FROM) IXmx BORROWER: * 603. CASH IX TO] tlC~SELLER: 156,083.38
175.019.50
SUBSTITUTE FORM 1099 SELLER STATEMENT-The information contained in Blocks E,G,H and I and on line 401 (OI, if line 401 is asterisked, lines 403 and 404)
is important tax information and is being furnished to the Internal Revenue Service, If you are required to file a return, a negligence penalty or other sanction will
be imposed on you if this item is required to be reported and the IRS determines that it has not been reported,
SELLER INSTRUCTION-If this real estate was your principal residence, file Ponn 2119, Sale or Exchange of Principal Residence, for any gain, with your income tax
return; for other transactions, complete the applicahle parts of Porm 4797, Form 6252 and/or Schedule D (Form 1040),
You are required by law to provide Stewart Title of Clearwater, IIIC, with your correct taxpayer identification number.
If you do not provide Stewart Title of Clearwater, Inc, with your correct taxpayer identification number, you may be subject to civil or criminal penalties,
Under penalties of perjury, I certify that the number shown on this statement is my correct taxpayer identification number,
Seller
~ .....- .. , I
I
Fire 94090Q69 L. SETTLEMfNT CHARGES I PAID FROM PAID FROM
BORROWER'S SELLER'S
FUNDS FUNDS
700, TOTAL SALES/BROKER'S COMMISION Based on $ 175 000.00 @ 7.00 %= 12 250.00 AT SETnEMENT AT SETTLEMENT
Division of Commission (line 700) as follows:
701. $ 12.250.00 to AUCTION ASSOCIATES, INC.
702, $ to
703. Commission paid at settlement 12,250.00
704,
800, ITEMS PAY ABLE IN CONNECTION wrm LOAN,
801. Loan Ori.l!ination fee %
802, Loan Discount %
803. Appraisal fee to
804. Credit Report to
805. Lender's inspection fee to
806. Mort.l!8.1!e Insurance application fee to
807. Assumption Fee to
808. to
809, to
810, to
811. to
812, to
900. ITEMS REQUIRED BY LENDER TO BE PAID IN ADVANCE,
901. Interest from to @$ /day
902, Mortgage insurance premium for mo, to
903. Hazard insurance premium for yrs.to
904. yrs.to
905.
1000. RESERVES DEPOSITED wrm LENDER
1001. Hazard Insurance mo,@$ per mo,
1002, Mortga.l!einsurance mo,@$ per mo,
1003. City property taxes mo,@$ permo,
1004, County property taxes mo,@$ per mo,
1005, Annual assessments (Maint.) mo,@$ permo,
1006. mo,@$ per mo,
1007, mo.@$ per mo,
1008, mo,@$ per mo,
1100. 1TfLE CHARGES:
11 0 1. Settlement or closing fee to STC 50.00
11 02. Abstract or title search to STC 200.00
1103. Title examination to STC 50.00
1104, Title insurance binder to
1105, Document preparation to
1106, Notary fee to
1107. Attorney's fee to to
(includes above items No,:
11 08. TItle insurance to STEWART TITLE OF CLEARWATER 1,250.00
(includes above items No,: FL RISK RATE 950.00
1109, Lender's covera.l!e 0.00 $
1110. Owner's coverage 175,000.00 $ 1,250.00
1111. to
1112, to
1113. to
1114. to
1200, GOVERNMENT RECORDING AND lRANSFER CHARGES
1201. Recordin.l! fees: Deed $ 19.50 Mrtg $ ReI. $ 19.50
1202, City/county tax/stamps: Deed $ Mrt2$
1203. State tax/stamps: Deed $ 1.225.00 Mrt.l! $ 1,225.00
1204. to
1205. , to
1206. to
1300. ADDmONAL SETTLEMENT CHARGES
1301. Survey to CAMPBELL CONSULTANTS, INC. DOC
1302. Pest inspection to
1303. LIEN SEARCH FEE to CITY OF CLEARWATER 5.00
1304. to
1305. to
1400, TOTAL SETTLEMENT CHARGES (entered on lines 103, Section J and 502, Section K) 19.50 14,730.00
CERTlFICA nON: I have ..reMIy reviewed the HUD.I Settlement Slalemenl mllo the best of II\Y knowledge mI belief. Ills a lme mI aCaJrale llal"""" of all ~if~ mI dishuseme:ols made ~ug account or ~ _~ in this
transaction. I ftJrlher certifY that I have received a copy omUD-1 SetI1ement Slatement. GULF .AMERICAN FINANClAL CORPORATIUN AND
~ FF.IlRRAT. ~Avmr,.C; & HlAN ASSOC. OF OSCEDLA
Borrowers FOR: CITY OF CLEARWATER FLORIDA Sellers aJUNTY
To !be """I of my _edae, Ibe HUD-I SelllemEd SIaIemEd which I m.e ~ed Is a _llIIlIac:QU1lle a_ of tile 1\mda which were recei.ed llIIlIm.e "- or will be diBburaed by !be undenigned .. port of lbe ,elllemEd of !his _moo.
7.67 lqql)
d~~P\\DIII ~ bas~':J"tlIl:~~r.
el~r ~laJ:Rl\1IlilU'_~~,la~-
rc IllUlerefoe tI
T1i\N~~DlI:fu: 6f},bef.'b~ orl!lY'lh'feiPor
o ~ eser I rates ~ro~~ ~~~~ ~/or III
WARNING: nil. enne Ie tn"'..." MIte ta_ ......em. te the UJdLed 8:11II.8 GO lhII or .It)' ather IJImIIar fonn. P...lllelt upon eoovlttlon ... IDCWde. 11M ud apmaament. FOI' dun. 1ft: TItle 18: U.s. Code 8ectlon 1001 and Section 1010.
'f
,.
-0"
American Land Title Association mmitment - 1966
COMMITMENT FOR TITLE INSURANCE
ISSUED BY
Sanctity of Conlracl
STEWART TITLE
GUARANTY COMPANY
STEWART TITLE GUARANTY COMPANY, A Texas Corporation, herein called the Company, for
a valuable consideration, hereby commits to issue its policy or policies of title insurance, as identified in
Schedule A, in favor of the proposed Insured named in Schedule A, as owner or mortgagee of the estate
or interest covered hereby in the land described or referred to in Schedule A, upon payment of the
premiums and charges therefor; all subject to the provisions of Schedules A and B and to the
Conditions and Stipulations hereof.
This Commitment shall be effective only when the identity of the proposed Insured and the amount of
the policy or policies committed for have been inserted in Schedule A hereof by the Company, either
at the time of the issuance of this Commitment or by subsequent endorsement.
This Commitment is preliminary to the issuance of such policy or policies of title insurance and all
liability and obligations hereunder shall cease and terminate six months after the effective date hereof
or when the policy or policies committed for shall issue, whichever first occurs, provided that the
failure to issue such policy or policies is not the fault of the Company.
Signed under seal for the Company, but this Commitment shall not be valid or binding until it bears
an authorized Countersignature.
IN WITNESS WHEREOF, Stewart Title Guaranty Company has caused its corporate name and seal
to be hereunto affixed by its duly authorized officers on the date shown in Schedule A.
STEWART TITLE
GUARANTY COMPANY
STEWART TITLE OF CLEARWATER. INC.
Company
Clearwater. Florida
City, State
Serial No, C - 94090069
OOSN Rev, 3/78
"
1 I
COMMITMENT SCHEDULE A ,~
fr~
COMMlTMENT NO: C-94090069 .7
EFFECTIVE DATE: Octobe~ 1995 5:00 P.M.
FILE NO: 94090069
Inquires should be directed to:
MIKELL L. ST.GERMAIN
STEWART TITLE OF CLEARWATER, INC.
32722 u.s. Highway 19 N.
Palm Harbor, Florida 34684
(813) 785-7001
1. POLICY TO BE ISSUED: AMOUNT
ALTA OWNER'S POLICY - (10-17-92) with Florida Modifications
$
175,000.00
Proposed Insured:
CITY OF CLEARWATER, FLORIDA, a Florida municipal corporation
2. The estate or interest in the land described or referred to in this Commitment and covered herein is:
Fee Simple
3. Title to said estate or interest in said land is at the effective date hereof vested in:
GULF AMERICAN FINANCIAL CORPORATION, a Florida corporation
(As to Parcel I)
FIRST FEDERAL SAVINGS AND LOAN ASSOCIATION OF OSCEOLA COUNTY
(As to Parcel II and Parcel III)
4. The land referred to in this commitment is described as follows:
PARCEL I
That part of the following described land, lying West of pierce
Boulevard:
From the Northeast corner of Section 16, Township 29 South,
Range 15 East, run South along the East line of said Section 16,
a distance of 1,546.16 feet; thence South 89 deg. 45' West
along the South line of Pierce Street, a distance of 2,289.00
feet, more or less, to the average high water line of Clearwater
Bay, same being the Northwest corner of property of John R.
Davey Estate, for Point of Beginning; thence continue South 89
deg. 45' West, 700.00 feet to the East side of channel in
Clearwater Bay; thence in a southerly course along the East side
of channel to a point opposite to and parallel with the South
boundary line of property of John R. Davey Estate projected;
thence North 89 deg. East on and parallel to the projected South
boundary of aforesaid property of John R. Davey Estate, a
distance of 700.00 feet to the Southwest corner of the aforesaid
Continued on next page
STEW ART TITLE
GUARANTY COMPANY
)
I
COMMITMENT SCHEDULE A - CONTINUED
COMMITMENT NO: C-94090069
FILE NO: 94090069
ITEM 4 CONTINUATION:
property, the same being the average high water line of
Clearwater Bay; thence in a Northerly course along the average
high water line of Clearwater Bay to Point of Beginning; all
lying and being in Pinellas County, Florida.
PARCEL II
That portion of TRACT A as described below lying West of TRACT B
as described below, all being a part of Section 16, Township 29
South, Range 15 East, Pinellas County, Florida
TRACT A
Commencing at a point 1526.16 feet South of the Northern
boundary line of Section 16, Township 29 South, Range 15 East,
and 1320 feet West of the East boundary line of said Section 16
on the Quarter Section Line, thence run North 89 deg. 45' West
402.38 feet to the center of Pierce Street on the West line of
Osceola Avenue, if extended, in the City of Clearwater, Florida;
thence run South 0 deg. 5' West along the West line of Osceola
Avenue, if extended, 165.69 feet to a concrete monument, run
thence North 89 deg. 21' 48" West 567.4 feet to a seawall on the
shore of Clearwater Harbor, for Point of Beginning, thence
South 16 deg. 5' West along said seawall 138.7 feet, thence
North 89 deg. 36' 52" West 700 feet to East side of channel in
Clearwater Bay, thence North 16 deg. 5' West 138.7 feet along
the East side of said channel, thence run South 89 deg. 21' 48"
East 700 feet to Point of Beginning; all of said land situated,
lying and being in Section 16, Township 29 South, Range 15 East,
Pinellas County, Florida.
TRACT B
That part of Section 16, Township 29 South, Range 15 East, in
the City of Clearwater, County of Pinellas, State of Florida,
being more particularly described as follows, to-wit: Commence
at the Northeast corner of the aforesaid Section 16-29-15 and
run West along its North boundary 1320 feet; thence South
1526.16 feet along the West boundary of the East one-half of the
Northeast one-quarter of the aforesaid Section 16-29-15 to an
Intersection with an Easterly projection of the centerline of
Pierce Street; thence run South 89 deg. 45' West, 418 feet along
the aforesaid centerline of Pierce Street to a projection of
the West line of Osceola Avenue as extended across pierce
Continued on next page
-2-
I
I
COMMITMENT SCHEDULE A - CONTINUED
COMMITMENT NO: C-94090069
FILE NO: 94090069
Street; thence South 20 feet along this projection to a cross
cut in the walk at the Southwest corner of the intersection of
Pierce Street and Osceola Avenue, as it now exists; thence run
South 88 deg. 18' 42" West, 653.03 feet to a cross cut in the
top of Old Seawall; thence run South 0 deg. 53' 02" East, 149.80
feet to a concrete monument for a Point of Beginning; from this
located Point of Beginning run thence North 88 deg. 18' 42"
East, 57.11 feet; thence along a curve to the right having a
radius of 980 feet, a chord bearing of South 10 deg. 52' 56"
East, a chord distance of 134.22 feet and an arc of 134.33 feet;
thence run South 88 deg. 36' 33" West, 80.41 feet; thence along
a curve to the left having a radius of 900 feet, a chord
bearing of North 11 deg. 43' 31" West, a chord distance of
134.14 feet and an arc of 134.20 feet; thence run North 88 deg.
18' 42" East, 25.23 feet to the Point of Beginning.
PARCEL III
That part of fractional Section 16, Township 29 South, Range 15
East described as follows: From the Northeast corner of said
Section 16, run West 1712.09 feet, thence South 1828.55 feet to
a point on the Westerly line of Osceola Avenue, said point
being further described as lying 262.18 feet North of Northwest
corner of Osceola Avenue and Haven Street; from said point run
thence South 89 deg. 17' 46" West 667.04 feet for point of
beginning; said line being further identified as the Northerly
line and the Easterly extension thereof of the tract of land
conveyed by Trustees of the Internal Improvement Fund dated
January 20, 1926, and recorded as Instrument No. 210,488. From
the point of beginning thus established run thence South 0 deg.
01' 29" West 49.01 feet, thence North 89 deg. 40' 05" East 4.5
feet, thence South 0 deg. 01' 29" West 101.25 feet, thence along
a curve to the left whose chord bears South 4 deg. 08' 43" East
36.59 feet, radius equals 104.5 feet; thence along a curve to
the left whose chord bears South 42 deg 18' 13" East 56.52 feet,
radius equals 45 feet; thence North 88 deg. 37' 17" East 87.97
feet; thence South 30 deg. 09' 01" East 29.90 feet to the North
line of Haven Street, thence North 89 deg. 46' 25" West along
the North line of Haven Street and its extension into Clearwater
Bay 739.82 feet to the Westerly line of submerged land
according to deed recorded in Deed Book 405, Page 437 of the
Public Records of pinellas County, Florida, thence North 23 deg.
19' 00" East 265.02 feet, thence North 89 deg. 17' 46" East
486.96 feet to Point of Beginning.
Continued on next page
-3-
I
I
COMMITMENT SCHEDULE A - CONTINUED
COMMITMENT NO: C-94090069
FILE NO: 94090069
ALSO DESCRIBED AS:
A parcel of upland and contiguous submerged land in Section 16,
Township 29 South, Range 15 East, Pinellas County, Florida,
being more particularly described as follows:
From the Northeast corner of Section 16, Township 29 South,
Range 15 East, run South along the East line of said Section
16, a distance of 1,546.16 feet; thence South 89 deg. 45' 00"
West, along the South line of Pierce Street, a distance of
2,289 feet, more or less, to a point on the Westerly
right-of-way line of Pierce Boulevard, said point being the
Point of Beginning; thence continue South 89 deg. 49' 00" West,
along the South boundary line of PIERCE 100 CONDOMINIUM, a
distance of 700 feet, more or less; thence run South 09 deg.
02' 16" West, a distance of 287.8 feet, more or less; thence
run North (in error, should be south) 89 deg. 30' 00" East, a
distance of 190.42 feet, more or less; thence run South 23 deg.
19' 00" West, a distance of 285 feet, more or less; thence run
East a distance of 840 feet, more or less along the North
right-of-way of Haven Street extended, to a point on the
Westerly right-of-way line of Pierce Boulevard; thence run
along said Westerly right-of-way line of Pierce Boulevard, in a
North-Northwesterly direction, having a chord bearing North 17
deg. 23' 03" West, a distance of 577.02 feet, to the Point of
Beginning.
END OF SCHEDULE A
-4-
I I
SCHEDULE B - SECTION I
COMMITMENT NO: C-94090069
FILE NO: 94090069
The following are the requirements to be complied with:
A. Instruments necessary to create the estate or interest to be insured must be properly executed, delivered and
dilly ftled for record.
1. Valid photo identification (ie: Driver's License, Passport)
and social security numbers required of all parties to the
transaction by the Insuror.
2. Release of Certificate of Indebtedness in re: Parcel
16-29-15-00000-240-0300, to City of Clearwater, filed March 24,
1981 in O.R. Book 5165, Page 2095 of the Public Records of
Pinellas County, Florida.
3. Special Warranty Deed to be executed by GULF AMERICAN FINANCIAL
CORPORATION, a Florida corporation and FIRST FEDERAL SAVINGS
AND LOAN ASSOCIATION OF OSCEOLA COUNTY to CITY OF CLEARWATER,
FLORIDA, a Florida municipal corporation.
B. Affidavit from the seller and the borrower stating:
(b1) That there are no matters pending against them that could
give rise to a lien that would attach to the subject
property between the effective date of the Commitment and
the recording of instruments giving rise to the interest
to be insured;
(b2) That the affiants have not executed and will not execute
any instruments that would adversely affect the title
to the subject property or the lien of any mortgage to
be insured pursuant to the Commitment.
C. A sample form of this affidavit is attached.
D. The closing funds pertaining to the transaction must be
disbursed by or at the direction of the insuror or its agent.
E. An updated title examination, commencing as of the effective
date of this Commitment, which shall be performed at or shortly
prior to the closing of the transaction, should not reveal any
title defects or other adverse matters appearing should be
disposed of prior to closing to the satisfaction of the insuror
or its agent.
END OF SCHEDULE B - SECTION I
STEW ART TITLE
GUARANTY COMPANY
'.
SCJDULE B - SECTION II I
COMMITMENT NO: C-94090069
FILE NO: 94090069
Schedule B of the policy or policies to be issued will contain exceptions to the following matters unless the same are
disposed of to the satisfaction of the Company:
1. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records
or attaching subsequent to the effective date hereof but prior to the date the Proposed Insured acquires for value of
record the estate or interest or mortgage thereon covered by this Commitment.
2. Standard Exceptions:
,
aatl impcc:tion of thc pU::JJ.J..lses.
(d) 1\ny lieB, 6f right tv lll~"J..l, fur scnie<;s, Iclb\U, 01 matt:rial hereto 01 hClcllfic::r furnished, imposed by law and fiot
-She"Nfl by the public records.
. , es ea or 0 er , insured,
(t) Any titles or rights asserted by anyone including but not limited to persons, corporations, governments or other
entities, to tide lands, or lands comprising the shores or bottoms of navigable rivers, lakes, bays, ocean or gulf, or
lands beyond the line of the harbor or bulkhead lines as established or changed by the United States Government
or water rights, if any.
rvey
3. Special Exceptions:
4. Subject to Taxes for the year 1995 and subsequent years, which
are not yet due and payable. Parcel No. 16/29/15/00000/240/0300
5. Subject to Taxes for the year 1995 and subsequent years, which
are not yet due and payable. Parcel No. 16/29/15/00000/240/0500
6. Subject to Taxes for the year 1995 and subsequent years, which
are not yet due and payable. Parcel No. 16/29/15/00000/240/0600
7. Subject to reservations contained in Deed No. 17,383 from the
TRUSTEES OF THE INTERNAL IMPROVEMENT FUND of the State of
Florida, dated November 14, 1925, recorded December 16, 1925 in
Deed Book 366, Page 422, of the Public Records of Pinellas
County, Florida. (Parcel I)
8. Subject to reservations contained in Deed No. 3999 from the
TRUSTEES OF THE INTERNAL IMPROVEMENT FUND of the State of
Florida, dated December 28, 1946, recorded January 21, 1947 in
Deed Book 1113, Page 366 of the Public Records of Pinellas
County, Florida. (Parcel I)
9. Subject to reservations contained in Deed No. 17,371 from the
TRUSTEES OF THE INTERNAL IMPROVEMENT FUND of the State of
Florida, dated November 14, 1925, recorded January 7, 1926 in
Deed Book 378, Page 287 of the Public Records of Pinellas
County, Florida. (Parcel II)
10. Subject to covenants, restrictions, easements and other
limitations recorded in Deed Book 1517, Page 65 and rerecorded
Continued on next page
STEW ART TITLE
GUARANTY COMPANY
I I
COMMITMENT SCHEDULE B - SECTION IT CONTINUED
COMMITMENT NO: C-94090069
FILE NO: 94090069
in Deed Book 1532, Page 520 of the Public Records of Pinellas
County, Florida. (Parcel III)
11. Subject to reservations contained in Deed No. 17498 from the
TRUSTEES OF THE INTERNAL IMPROVEMENT FUND of the State of
Florida, dated February 19, 1926, in Deed Book 405, Page 437 of
the Public Records of Pinellas County, Florida. (Parcel III)
12. The rights, if any, of the public to use as a public beach or
recreation area, any part of the land lying between the body of
water abutting the subject property and the natural line or any
other legally established boundary line separating the publicly
used area from the upland private area.
13. The premises herein described may be artificially filled in land
in what was formerly navigable waters. This policy is subject
to the rights of the State of Florida, arising by reason of
control over navigable waters and the inalienable rights of the
State of Florida in lands and/or waters of such character.
14. Subject to riparian rights, rights of reliction, accretion,
submerged land or any other water rights of any nature,
whatsoever, are neither guaranteed nor insured herein, or the
rights of the State of Florida or the public generally, in the
area extended from the line of the mean low tide to the line of
vegetation or area extended to access thereto or the right of
easement along and across the same.
15. Subject to 120 day redemption period for the INTERNAL REVENUE
SERVICE in re: Certificate of Title from GULF AMERICAN
FINANCIAL CORPORATION, a Florida corporation, Plaintiff vs.
NORMAN BIE, JR., as Trustee of HIGHPOINT CORPORATION, a
dissolved Florida corporation; CHAPPELL & CO., INC., et. al.
filed October 19, 1995 in O.R. Book 9139, Page 1376 of the
Public Records of Pinellas County, Florida. This exception is
hereby deleted on February 17, 1996.
END OF SCHEDULE B - SECTION II
-,- ..
! ' ..
I
.
I
.
CONDITIONS AND STIPULATIONS
1. The term mortgage, when used herein, shall include deed of trust, trust deed, or
other security instrument.
2. If the proposed Insured has or acquires actual knowledge of any defect, lien,
encumbrance, adverse claim or other matter affecting the estate or interest or
mortgage thereon covered by this Commitment other than those shown in Schedule B
hereof, and shall fail to disclose such knowledge to the Company in writing, the
Company shall be relieved from liability for any loss or damage resulting from
any act of reliance hereon to the extent the Company is prejudiced by failure to so
disclose such knowledge. If the proposed Insured shall disclose such knowledge to
the Company, or if the Company otherwise acquires actual knowledge of any such
defect, lien, encumbrance, adverse claim or other matter, the Company at its option
may amend Schedule B of this Commitment accordingly, but such amendment shall
not relieve the Company from liability previously incurred pursuant to paragraph 3
of these Conditions and Stipulations.
3. Liability of the Company under this Commitment shall be only to the named
proposed Insured and such parties included under the definition of Insured in the
form of policy or policies committed for and only for actual loss incurred in
reliance hereon in undertaking in good faith (a) to comply with the requirements
hereof, or (b) to eliminate exceptions shown in Schedule B, or (c) to acquire or
create the estate or interest or mortgage thereon covered by this Commitment. In
no event shall such liability exceed the amount stated in Schedule A for the policy
or policies committed for and such liability is subject to the insuring provisions and
the Conditions and Stipulations and the exclusions from coverage of the form of
policy or policies committed for in favor of the proposed Insured which are hereby
incorporated by reference and are made a part of this Commitment except as expressly
modified herein.
4. Any action or actions or rights of action that the proposed Insured may have or may
bring against the Company arising out of the status of the title to the estate or
interest or the status of the mortgage thereon covered by this Commitment must
be based on and are subject to the provisions of this Commitment.
STEWART TITLE
GUARANTY COMPANY
All notices required to be given the Company and any statement in writing required to
be furnished the Company shall be addressed to it at p, O. Box 2029, Houston, Texas
77252, and identify this commitment by its printed COMMITMENT SERIAL NUMBER
which appears on the bottom of the front of the first page of this commitment.
'1
j
I
TAX PRORATION COMPurATION FORM
PINBLLAS COUNfY PROPERTY APPRAISBR'S OFFICE
GRANTOR: Fi.eS7 j:'"e;;o ..s ~ L A'.s.c;,V
OR4\NTEE: (2/rY L:)F t!LE~.l.?U/,qn=E
C!J)SING AGENT: ~n:wH.eT n rL~
CO :-lTAcr: Jt1JJ.LL 57 ~~~RJ~ Telephone it
PaI:l:cl Number II; I ~9 I J.5 ItJ~CCC I .gql!J I ~~
Sec:lIaA TawmIdp'" SaIIdlvUIoD BIocdt Lac .
Full Take 'X Pania1 Take
Legal Description:
(Not If~ to Com- a.d: Bale It al.apl, 0
pJofo! r. ~ ~ DeIai~s. AUllobIcI
Arc thccuuem taxes peid? . Ycs.L Date Paid. ,//...$()-9#
No~ N/A_
(Pro.raII. tbia talc ~ &ad
-- OIl the Un. Amaat 14 6e
PJ.:edia .&:row, below.)
COlAPUTATION
_,2.9900 +
cauble VBI_
&.#~5 a
.,. ia~(365C1t~
F/9~
tIosor'
(nlaalllD 2 cIadIaIa)
x. 492 -
.fa pdYIIe OWDlIIJjp
0abD I.,
_tJ./J.!/() X f!AllJ H~ _
p&IOl'IIGd_ ........
(IoIa1d<<1 to ___ 10) <--TD codD)
;,n/".73 X
.... CIX cIIIe
(roaad1D_ceaQ
.96
.. cIIQauat,
-
x
$ ~ /'.3.. .tit,
AMOONrTO BB PLAC1!D IN FSCaOW
or lbe amount Is $5.00 or 1-. eater -. 0 .-.)
PEa DIBM CAl.aJU."i1oN
Complete aaI, It......, ftlll\-hL
. 'lJ(8blc VlIluc
MIIIaao
PlqWCt
Telepbone #
Fax #
()I'OII Tax
+
Day. Nt V,.
~JJaD~1.t,
(813) 464-3448
PUc 7U Pnnd4n ~ 1.9:1
$
AJlIClUIll Per DIa
~:0t ss. at .L:lO ZBcl ~
~ .~ HlIWS WI!
-------..;;;::: ..
I
TAX PRORATION COMPUfATION FORM
PINEL LAS COUN'lY PROPERTY APPRAISER'.s OFFICE
GI~TOR: Fi.esr M.:z; 6 f1..L AS$f\I
GI~NTEE: L!JTY c;:'" a/.E~ii!W~7E..e
eI.OSING AGENT: ~7E'W/JR.T 7J rLE'
CCINTACT: MIJril.L .sr ~;::R.HI1IN Telepho.ne#
Parcel Number / bJ I ~~ I 6 I OCO&U:J I ot-9o I ~
SeczIoll TowasIdp Jboce S1lllllYflioll BblIi: Lot
\
Full Take L
Partial Take
Lc, ~ Description:
<Hoc ~ fa 0.-
pI<<it it a ~ ~
OIackBozlt. I..p1 0
DeIadp(. it Au.:lvd
Aa: the current ~ paid? ,Yes ,L Date Paid. .//~a.94 No _' N/A_
Arf there delinquent taxes? Yes _ Yeax(s) No L
T8): computation based on closing date of ~.nBER.., ~4 1995
Ta> able value of the property ,tabu: ~J, g~
Spc: cial Non~Ad Valorem Assc:ssmcat, (if any):
cPro-rate tbis tax ~ &lid
enter OIl the Une Amoat tD be
P__1tt .&c:zvw, beIowJ
CO MPUfATION
--!YMM
taxable ~uo
-e-
,~t,S =
.,. ill "/fIlII (365 ell' 366)
/5#45
DIil*Ir
(JaIId 11:) 1....)
x. ~'if ...
dayllIl pdYllf4 0WIIeIIIIIp
(-- 1 day)
_3:/59'11) xfJ.l/I1) ;I/..at"
pst Il'IIOd ""t "<,..,.. ..wae. z-.
(roa.ndDdUtaeanstlG) (aDeDTD~
- '1ItJ-'l qJ, x
sma--
(IIlIIDd tD__caII&)
.96
_ cb:oIJDt
x
$ /tJ/JJ, 76
AMOUNrTO BE PLACED IN J!SC1tOW
atlhe amount & ss.oo or I.., enter'". 0 ....)
PER DIEW CAl.CUl.AmN
C4mpl_ oaly It......., fOCIUIIliId.
ruablo Value
MW.co
Prcparct
Telephone #
Fax #
..
Days 1ft Year
~-~t),qlo
(813) 464-3448
Jl'OIlI Tax
$
Amouat Par DIaa
FIle: nrz Pturatlt1a Rft 1.93
~:E1t Si6. 8t J.:)Q Gl2Id ~
~ 'cQld Hl.IWS WIt
l
OUl)lm NO.
I
;
JJlsctOSUltJ!:
We, the Owners/Purctuu~etfJ ut that: ced:alrt J:'eal t)to~et"t:y
- 10{:n l:ml n t: BLocKs 200 - 300; PIERCE SIREET, CLEARWATER, FLORIDA
PINEtt^S County, f'lod_dn, do herehy discloae lhe tol1uwltl~ ttt~t:t:t
k.UOWIt to IlIe which llIay materlally attect tile value 01:" deai1:"ablilty
of said property.
1 tlEltEIJY CElttttY that: i hove tlU ktiowledge of ttt1jt ftict:ij tit"
detect" Ju aaid pr.-ol'erty which may matet"ial1y ntfect: the vnlu~ tir
deairabl1i ty o,f: aald prot)erty, except as set .forth nbove. 1.
acknowledge that ltds disclosut"e will be yiven to the liatitlY
bt"ok.er. the sell1ny broker, and any prospective buyer.
1 tlEItEUY CER1'lFY that as the buyer(s) 1 have .inspected the abuve
tn-ot,et: ty Uttd Uccept sunte.
.,-:. L~l,;fc S}- ti U1~
WfiN.lmS I
WITNESS.
GULF AMBlUCAN,~~OO,
BY:/' V-dL~ 0
WIlLIAM D. 1BARPE, VI PRFSlDENT
FIRST FEDFlW. SAvn<<;s AND WAN .ASSOcIATION OF
<BXJIA WJN1Y
BY:~().~
D. -.lJ;tAK.P t pJ.d!.:j~
L_
WITNESS
&L~~ 0.1bl~
WITNESS'
/
- .
S1'^TE OF tl~RIU^
COUNt'y OF v Osw-l "-
1'he t(.J.t"e~'oJtt~ :lllst:tumetlt: W8~ tick..otf1ed~ed betote me lhit:t24th dttr
()t October 1.9g 5. by WlLLIAH D.1BARPE who has produced
~~, as ldentlfi(:ation ":1 W'IO did tak.e an oath.
. ;;, T^lty
- r-ty COhlmlsalon J!:1tpites! /
_Ill' ''''it' TERI LOGSDON
My CommIe.n CC333ot43
S'1'^1'1!: Of.!' tt.OIlU,^ * * EIlp/r.. 0.0.,01,1807
~OU.N1'Y 0,."" ()sn" . IJ_ ~.,' BondeclbyHAI
~ -..",., ~-1S55
th~ toregoiny itlst:t-UmeUt: ifl"'. "'ckttoVlt!d~ed beto.te me U.ltt 24t::Wttt
ot October 1995. by Wll.LIAM D. 'lIJARiiE who hafJ Pt"oduced
.~..Qj17J ~ · 9B illdeIlHHc/,.3,9;"~'''hO did iake .... ....ih.
NOl'Attr PU Ie
?
My Cumtnlas!ull tx.pl.tes! /
~&~.
*Jj,.~
~"ft.'
TEAl LOGSDON
My Commls.lon CC333443
Exp/r.. Dec. 01.1987
Bond.d by HAl
110O-422-1555
v
; :
,.'
I
I
\
L
~O BE FILLED IN PERSONALlY
BY SELLER OR BORROWER IN HIS OWN HANDWRITING
INDEMNITY AND AFFIDAVIT AS TO DEBTS, LIENS, AND POSSESSION
USE SEPARATE FORM FOR EACH PARTY
GULF .AMERICAN FI.NAR;IAL OORPORATlON(AS 1U PARCEL 1) IFIRST FEDmAL SAVIJ&.Cj & T DAN AR.c:n:l ATTON
Seller or Owner-Borrower OF OSCEDLA aJUNrY(AS 1U PARCEL II and
m In{~ ?(l(l 300. PTlmCJi" S1:REIa.' m.F.A~TF.R, FlllRTnA . ) PARCRJ. TTI)
Contractor (if new construction
Purchaser
personally known to me to be the person whose name Is subscribed hereto, and upon his oath deposes And says:
I, the seller, owner-borrower, and/or contractor, represent to the purchaser and/or lender In this transaction
that to my knowledge there are:
I. No unpaid debts for plumbing fixtures, water heaters, noor furnaces, air conditioners, radio or television an-
tennae, carpeting, rugs, lawn sprinkling systems, venetian blinds, window shades, draperies, electric appliances,
fences, street paving, or any personal property or fixtures that are located on the subject property described
above, and that no such items have been purchased on time payment contracts, and there are no security
interests on such property secured by a financing statement, security agreement or otherwise except the
following: (If none, so state.) ~
NAME AND ADDRESS OF SECURED PARTY (]) A~oXlmate Amount
/- ~ '
\
2. No loans of any kind on said property ex~pt the Collowing: (If none, so state
NAME AND ADDRESS OF CREDITOR
~roxlmate Amount
~ ,
~
3. All labor and material used in the construction of improvements or repaln on the above dellcrib~ property
have been paid for and there are now no unpaid labor or material claims against the improvements or the
property upon which same are situated, and I hereby declare that all sums of money due for the erection of
improvements or repairs have been Cully paid and satisried, except: (If none, so
NAME AND ADDRESS OF SUPPLIER OF LABOR, SERVICES OR MA TERIALS
-Z:jj~ount
o
4. I, the purchaser, represent that I have no knowledge of any debts or liens of any kind other than thOle listed
above, except: (If none, so state.)
NAME AND ADDRESS OF SECURED PARTY, CREDITOR, SUPPLIER OF
LABOR OR MA TERIALS
Approximate Amount
S. I, the owner-borrower, or purchaser, have not been given notice of the furnishing or intent to Curnish ahy lahor,
services, or materials in connection with any improvements or repairs to said property Crom any person or firms,
except: (If none, so state.)
SUPPLIER OR LABOR, SERVICES OR MATERIALS ADDRESS
6. I, the undersigned owner. Curther certify thp,t the real estate and personal property above described are in the
actual possession of the undersigned and Is not in the possession. actual or constructive. of Any person, persons.
or organizations holding or claiming same, adversely to the undersigned under contract, lease, or any other color
of title or right of possession,
The Improvements or repairs to said property are now completed and have been accepted by purchaser and/or
owner-borrower.
INDEMNrtY: I, THE SELLER, OWNER-1I0RItOWER, AND/OR CONTRACTOR, AGREE TO I'A Y ON DEMAND
TO THE PURCHASEItS AND/OR LENt.>EIt tN tHIS TItANSACTION. THEIR SUCCESSORS ANb ASStGNS. ALL
AMOUNTS SECURED BY ANY AND ALL UENS NOT SHOWN ABOVE, TOGETHER WrtH ALL COSTS, loss
AND ATTORNEY'S FEES THAT SAID PARTIES MAY INCUIt IN CONNECTION WrtH SUCH UNMENTIQNED
LIENS, PROVIDED SAID LIENS ErtHER CURRENTL V APPLY TO SUBJECT PROPERTY. OR A PART THERE-
OF, OR ARE SUBSEQUENTLY ESTABLISHED AGAINST SAID PROPERTY AND ARE CItEATED BY ME,
KNOWN TO ME OR HA VE AN INCEPTION DATE PRIOR TO THE CONSUMMATION OF THIS TRANSACTION.
I realize that the purchaser and/or lender in this transaction are relying on the representation contained herein in putchasin,
same or lending money thereon and would not purchase same or lend money thereon unless taid repre.entation. were made.
?~~~:mwr ~=:~:nAH~qr.TAWWO
SWORN TO AND SUBSCRIBED~E NIfJL...,'SnN24th day~~mARPE, VICE.~~
, My CommIealo" CC333443
/:' /' * * EJCpIr.. Dee, 01.1987 I
('I A , , ' Bonded by HAl '
N t' P j' i d r I) ... . _ n My Commission Expires: ~
o ary u n an or 1..1.!IJ~ FUI.UDA
Rev, 1/88
NOTE: Thl. form h 10 lie .1...... by ...Ie, In .... of ,.Ie, "110 ,.Ie. It .. 10 lie ........., lhe o.....-""nowe', "Ihere" lny new eo",Iructlon.lht eonloactor mull ,1.0 loin Ih
or Ii." I seplrate one.
I
1
I
S.lnftit..- III CON/mf'
CU:A/lWA II:/l:
8'1'liJ'\' A 11.'1' rrrl'I..JD
('If CI.I~A It W A '...m
1290 Courl Sheol
CleerWlller, F'lorlde 31616
Phone: (0'3) """2609
MX: (013)....7...063
nONALD E, SOMEns
Preslden'
PALM "Annon:
J\trl1lORIZ1\'1'ION J\ND 1\CKNCMlEDGEl'1EN'l' FORM
32722 US "Ighway 19 Norlh
Palm lIerbor, florlda 34884
Pholle: (8'3) 785-7001
F'AX: (8'3) 785-3920
neference:
tmAL
F'IlE 00. 95090069
BWCKS 200 - 3(X), PDRCE S'.mEET, CLEARWATER, FLORIDA
SELlER GJLF AHm.ICAN FINACIAL <DRPOOATION (A$ 11) PARCEL I)/FIRST FED
SAVJlIIiS AND WAN ~J.AUON OF OSCPnLA rntJNTY (AS 11) Plill.CEL II
BUYEn CITY OF CLEARWATER, FlDRIDA, A Florida and PARCEL III),
IDUIlicinal COfPOrat101l
We hereby approve and acknOWledge l-ecelpt of a copy of the Statement and actual
cost (lJlSCLOSUHE/Sl!:l'fU:r-U'Nl' S'.l'A'l'E.NENT-IIUD FOHM 1) and authorizetLdisbursement
of funds as shown therein lids 24th day of October , 1995. We further
acknowledge that we IUlderstand-UITIlty bills are not included {"tids statement
and that the proration of taxes as shown .in the statement of actual cost is
LJc"lsed 011 the latest illfol1l1at:lon avaU,able. If any changes are to l?e made in this
proraUon when the tax bill is received, it will be handled betw-een the parties of
tlds transaction. Stewart Title CUllpany of Clearwater, 11lt:., will not be held
n~spollsJhle. I\: 1s further ullderstexxl that Stewart 'I'.llle Ce~l1p;:H1Y of Clearwater,
IIlC., call1lot, al LIds tillie, ascertain if there will be personal property tax on
subject property or an amount on which to brlse a proration. l\ny proraUon necessary
\lIhell lClX bills bOCOllle f.lvailable wl11 be hanelled ootwP.C:m the parlies to lId.s
Lnmsilcl.JolI, olltl3:111e of SLewnt-t '1'ltle C(~np:':U1Y of Clearwater, Inc.
Stewart '1'1 tie COlllp-"lI1Y of Clearwater, lnc., will be not held res{XJnsible.
'llIAT AU 11l'UrIY DIllS (HM.m, safER, El.R:lRIC,
Ut WItt BE PAID lJ~ 1t1DllP.r OF FINAL nUtS.
GULF AMERICAN FJNAR;IAL OORPORATIONI
FIRST FEDERAL SAVJJ<<;S AND WAN ASSOCIATION
OF OSCIDIA rntJNTY
HAlNl>>fANCE,
nAVE HEm PAID
1NI'I'lAtS
1NI1'1ALS
~/W~<Mn '0 ~
WILl..IAM D. DIARPE, PRESIDDll
SEttEn 's FORWJ\RD.IMJ ADDRESS:
CI'lY OF CLEARWATER, FLORIDA, A florida,
::~
BUYJ!R~ UJING IlES~~
~'
/
-Zeo ~, 13~1
/1;S5/,rJlI1 ee I;;::L 3 L/ 7l/ I
/: 0, ~~. ~NF
~~?/3c;~r~~4/?~g
I KliE PlIOOEff
IIa-tE PllONEft (40 J)
- WOOl< PlloNEll! ('fo 7)
2 L-~ -~o 1. 2-
C!33-33--:2..Y.
WOOl< PHONE If
J>r.3" -c,L?z -60<1-2-.
'IlIIS IS '10 FUR'It1Elt AtJl1lORIZE
OIANGES NECESS1\RY 'ro TIlE ClOSlOO STATI!MI!Nr.
'lU AJ?PROVE ANY
SIDf1\RT TIllE Ul'IP1\NY c.- Cl.F.l\RIflrrut, IIC.
l c-
~: ,~,~
I
,~ .!!. CUfnllt~Cl FOB SALE AND PUHCHASE
PARj:IES: FtRST ~EDERAL/OSCEQLAI a fetrallY chart~red savings & loan tssociation. ~r assign ,("Seller"),
01; 2013 L~ve Oak Boulg.vard, St. Cloud, Flonda 34771--<-8462 (Phone 407-957-7401 ),
-anri G;lTY OR CLEARWATER, FLORIDA. a Florida municipal corporation ',,("Buyer")i
of' p,: O. Box 4Z48,Clearwater, Florida 3461&~748 " ; 'I" "', ' , (Phone 813-462-6042 ),
he~by Nre!! 'lhnt the Seller shall Rell al1d I3l1y"r shall buy Ihe following r(>al properly ("R~ PlOperly") and personal property ("Personally") (colleclively "Properly") '':ipon the following
terms '111d conditions which INCLUDE 'he S(:uularUs lor llenl Eslale rriJllsncliofls pril\lo<l ollll1(~ reverse 01 allachmJ ("StnndmrJ(s)") and any addendum 10 'his Instrument.
I,
Pinellas
'..oEs,dIlPJION: (iI) Lngal dc'scriptiol1 01 Ileal P-broperly locaiedf'n ~n GoxUIJI\4,fl~ida:.. .. d d
Upl9-nd ana cont~guous su merged ands as descr~bed t:: n~b.Lt A attacnec1 nereto an ma e a
part' hereof.
(b)
(c)
Slreet <lddress, cily, zip, 01 Ihe PlOp0.rty is:
Personally: None.
LOO - JOU HloCKS P~erce lloulevard,
L;learwarer, Florida
II.
PURCHASE PRICE,
PAYMENT:
..,$
175 ,000 . 00 ; ,
(<l)
(b)
D~posit(s) 10 be held in escrow by
N/A
Subject 10 AND <lsslJlnplioo oll11orlgil9O in good slanding ill lavor of
N/A
in Ihe amount 01 $
N/A
N/A
", h"vinl il" anproximale present principal balance 01 $
Putchase money l110rlgage and mOt lunge nolo bearing annual il11erest Dt N A % on terms sel h)l th herein, in amount of .," ,,$ N / A
" , N/A ' N/A
~~ $
, , ' 175,000.00
(e) Elal~nce to c1os? (US, cash, LOC^LIY DRAWN c(>rtilied or cilshier's check), subject to adjustments and prorations , $ ,
III, TIME FOR ACCEPTANCE; EFFECTIVE DATE: II this oller is not execuled by and delivered 10 all parties OR FACT Of EXECUTION communicated In writing between the parties
on or belore: :' AS PER ADDENDUM ATTACHED HERETO , the deposil(s) wBI, at Buyef'S o'ption, be'relurned 10 Buy~r and tile offer wilhdra"';n,
~ho dille, ~f: ~his CO~lrnCI ("Effective Dj.de") will I~o tho dnlo wlle,n the last one of the Buyer and the Seller has signed Ihis or'er', 10'
IV. FINANCING: (a) II Ihe purchase price or any p,,~t 01 if is 10 be linanced by a lhird party loan, this Cc.iniraci: (6r, Sale and Purclia1(j lIontracl") is coridill';~,/' i: Ihe Buyer
obtaining a writlen cOl1ln;itmenllor the loan wilhin 1\1 /A days Irom Elleclive Date, at an inilial inlerest rate nol 10 exceed f %; term of years;
and in the principal amount 01 $ N / A , Buyer will make applicalion wilhin N / A days Irom E,Iective Date, and use reasonable diligence to obtain the,loan com-
mitenl and, th(ne<lller, 10 meet the terms ilncl condilions of Ihe commiliment and 10 close Ihe loan, Buyer shall pay illlloan expenses, II Buyer lails \0 bbtain the loan corillnitment <lnd,
p.' . , , .j p..
promplly notifies Seller in wriling, or aller <l1Ii(lenl efforl faBs to meel the t~nns <lnd condilions 91 the commilment or to waive" ~uyer's rights under i!lis subparagraph within the lime
staled for oblriin;,~g lhe commilment, Ihen eBher party m,'v cancel the COl1lract and Buyer shall he refunded Ihe deposals), "', ,', :', N /A '
(b) The eXisting mortgage descnhet! In p..mgraph lI(b) above hns (CHECK ( I) OR (2)): ( I) 0 a vannble mteresl ral'NQn (2) 0 a Iixed Interest rate 01 , ' , ,% ~,/r ~nnum,
At lime of tille !ransfer some fixed interest rilles are subject to increase, II increased, Ihe r<lle shall nol exceed ,I A , % per annum, Seller shall, Within '
days Irom Elr.ilclive Date, fUlllish a statem()nl "om all morlgagees slating principal balilnces, melhod o( payment, Interest rate and slatus of mortgages, If Buyer, has agreed to assume
n mortgage which requires ilpproval 01 Buyer by 11m mortgagee for 'f'~umplion, I,hen Buyer shall Q,r.o'l'plly obtain all required <lpplicatioris ,and will tJiligently complete and relurn them
10 the morlgagee, Any morlgafJee chargoIs) not 10 exceed $ N LJ'l. shall be paid by 1\1 LA (il not filled in; equ<llly divided), II the Buyer is not accepled
by mortgngee' or the requiremonts lor asslll1lf1lion are not in nccordance wilh the terms 01 the Contracl or, mortgagee makes a charge;n excess '01 Ihesta'ted amount, Seller or
Buyer may resdnd this Contract by frompt VII illon nolice to Ihe olher pilfly unlesR eithor elects 10 pay the increilse in inlerestrale or excess "iortgagee charges,'" '" , , I
V, inLE EVIDENCE: .i~1 ienst ....:.J2-. dilYs belore closing dale, Seller shall, al Seiler's expen~o', deliver to Buyer or Buyer's altoi~ey: in accordante \';ith siilllda'rd A, (Check ( 1)
or (2)):(1) CJ.abstrac(c>f'litleOR(2)rnlilleinsuf<lnCecommitment. ,', ,*AS PER,...ADDENDUM ~TTACl;1~P HERETO ".,' ,
VI. CLOS,'I'!G pATE: This tr<lnsaction slwll ho closed and the deed and other closing pilPers delivered on n' .. " unl~s,s .exter~ded by' olher P,roy!sions, ~I Contract.
VII, RESTRICTIONS; EASEMENTS; LIMITATIONS: Buyer shall take lille sLJbjectto: zoning,reslriClions, prohibitions and other requirements imposed by governmental authority; restriclions
<lnd mallei'S appearing on the plat or olherwise common 10 Ihe subdivision; public ulilily e<lsemenls of record (easemenls are 10 be ,located contiguous to Real Property lines and
not more Ihlllll0 l!let in widlh as 10 the rear or fronl lipe,s and 7'{, leel i1\mdUJ..,as 10 Ihe sid~, lines, ubless otherwise specified !ierein); laxes lor year, 01 closing, ,and subsequent
years; <lssLJIl)ed morlgages <lnd purchase money mortgages, If any; other: l'~UNr.. "
(c)
(d)
provided, thaI there exisls at closing no violillion 01 Ihe lore going anclllone 01 Ihem prevenls use 01 Roal Property lor ' pub 1 ~ c,.. us e 'purpose(s),
VIII, OCCUPANCY: Seller warmnls thnt Iholn are no parties in occupancy other thiln Seller, but if Property is intended to be ran led or occupied beyond closing, the fact and terms
thereof snail be slaled herein, nnd the tomnl(s) or occupanls disclosed pursu<lnl 10 St<lnclard F, Seller agrees to deliver occupancy of Properly at time of closing unless otherwise
slated herein, It occup<lncy is 10 be deliverecll>efore closing, BUI'er nssumes <lll risk 01 loss to Property (rom date 01 occupancy, shall be responsible and liable for maintenance from
Ihat dale, and shall be deemed 10 have acceplr>r1 Properly in Iheir exisling condilion as 01 lime of lill<lng occupancy unlesS otl1erwise stated herein or in a separate wriling,
IX. TYPEWRITTEN OR HANDWRITTEN PROVISIONS: Typewnllen or hilll(lwnllen prOVISIons shall conlrul allpnnled provIsions of Contmclln conllict wltl1them
X, INSULATION RIDE'R: II Contract is ulili7fJ(/ lor Ihe sille 01 a new ;esirlence, ri", Insulalion ni~ler or equivalent may be' altilched, '
XI" COASTAL CONSTRUCTION CONTROL LINE ("CCCL") RIDER: II Conlracl is ulilized for 1I;~ sale 01 Properly altectecl by the CCCL, Chapter 161, F,S" (1985), as amended,
shall <lpply, nndlhe CCCL Rider or equivalent ml1Y be altaclied to this Contract. , "'"
XII. FOREIGN INVESTMENT IN REAL PROPERTY TAX ACT ("FIRPTA") RIDER: The parties shall comply will. the provisions of FrRPTA and applicable regulations which could
requile Seller lei provide additional cnsh ill closing to meet wilhhokJing requTle;nents, and Il1e FlnPT^ Ilider or equivalent may be all ached 10 this Conlract.
XIII. ASSIGNABILITY: (CIIECK (I) or (21) Buyer (I) 0 may <lssign 011 (2lUmay not <lssign Contract.
XIV, SPECIAL CLAUSES: (CHECK (I) or (2)): Addendum ( I)GQ;.s allactledOR (2)0 is ,,0'1 applicable,
I'
THIS IS INTENDED TO BE A LEGALLy BINDING CONtRACT.
iF NOT FULLY UNDERSTOOD, SEEK THE ADVICE OF AN ATTORNEY PRIOR TO SIGNING."
THIS FOnM HAS BEEN APPROVED BY THE FLORIDA ASSOCIATION OF REALTOr~S AND THE FLORID^ BAR,
'A,;p~oval does not constilute an opinion thai any of II Ie terms anr} condiiiOllS in this Con/mct S/10Uld be acbop/dd by: illJ; 'parilas 1/1,"; Pilrtlcu/~/ ~n1ac:1tor: fe~':';s'
and conditions sllOul(l be negotiated basad UpO/1 [I'e m,<;pacliv(Jlnle",,~ts, ob;ectives and bargaining positiOns 01 all in/eresled persons, ':'
COPYRIGHT 1988 BY THE FLOI HD^ BAR AND lllE FLORIDA ASSOCIATION OF REALTORS, INC
~, '
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1!'1':-
, I
CITY OF CLE1\RWllTER, FLORIDA
Date:~~_
Date: qj'f/7f
Date: Q!((if9Y
I I
Date; 919/1'1
'I "
, FIRST FEDERAL/OSG~O~~'~~'
. _ Jsav,n~~ry~i""~ _<....
By. ~,--'~:', Da'C-e-: _
JIL~.:av&::id ent .~;;at'" .~ti:<i!Cl ~
p~am, Secretary ',,, '---
.....--
Deposil(s) Ul~der Pmagrapl1 II received; IF OTHER THAN CASH, THEN SUBJECT TO C~EAf-1ANCE,1
En'S f:EE: (CHECK & COMPLETE THE ONE APPLICABLE) By:
IF NG AGREEMENT IS CURRENTLY IN EFFECT:
seHer ag e ---Ihe-Srol<er nalTifiij bdow.'iiiCfi'idlnocoo~)eraling sllb'a~lenls named, according 10 the lerrns of an exisling, separate lisling agreement:
OR, ' '"
o IF NO LISTING AGREEM - CURRENTLY IN EFfECT: ,', , ' ' "
'Seller'Sh8lf pay-jfie-Broker name -..,-..... 'af lime of -dOSing, lrolll Ihe disbursements of Ihe proceeels 01 the, sale, compensation in the amounl or (COMPLETE ONLY ONE)
~ % of 'gross 'purchase price OR $ , for Broker's services in effecting the sale by finding the Buyer ready, willing and able to purchase pursllantto Ihe foregoing
Conlwcl. ff Buyer lails to perform and deposil(s) is retaine, .. thereol, bul nol exceeding the Broker's lee above provided, shall be paiel Broker, as lull consideration fbr Broker's
services including cosls expeneled by Brol<er, ilnel the balance sha it! to Seller, II the transaction shall nol close bec'!use bf refusal 61 failure 01 Sellei to perform, Seller shall
P<lY the full ''le to Bloker on d(lmand, In any litigation arising our of Ihe concerning the B~ol<e(s fee, Ihe prevailing party shall recover reasonable allorney fees and costs,
N/A,
'I'
, (i:. scrc.w Agen t)
,I . '
N/A'
(Iilln "'"lie 01 Broker)
(name 01 cooperating s"b,agel1l)
By:
(nlllhorized ,sign<llory)
AIf1r:AS eMl Rf OI1T^I~JFO FrHlM Till' F101110^ ,^S:.nrIATil'~1 I'r AI' r,1 TI'IlS I'll TIIF FI OIlIO' II ^ r>
",.
..
-
A, EVIDENCE OF TITLE: (1) An abstracl 01 lille prepared or brought current by a reputable and existing abstract firm (if not existing Ihen certified as correct by an existing firm)
purporling to be nn accurate synopsis of Ihe instruments affecting tille 10 Reaf Properly recorded in the public records or the county wherein Real Proper !v is located, through Effective
Dale and which shall commence with the earliesl public records, or such laler date as mny be customary in the county, Upon closing of this transaction the abstract shah become
Ihe property 01 Buyer, subjecl to lhe righl of relention thereof by first mortgagee until fully paid, (2) A lille insurance commitment issued by a Florida licensed IiUe, insurer a\l'eeing
to Issue to Buyer, upon recording of lhe deed 10 Buyer, an owner's policy of title insur~rwEl)n the amount of the purchase price, Insuring Buyer's title to F1eill Pi-oper\y;subjectdnly
to liens, encumbrances, exceptions or qualification set forth inlhis Contenct and those~hich shall be discharged by Seller'at or before 'dosing, Seller shall'conv!fy.'a marketatie
tille subject only 10 liens, encumbrances, exceplions or qualifications set forth in Contract. Maiketable tille shall be deterrhined lkcoidhig to 'applicable Titlif'SlandalilS adopted by
aulhority of The Florida Bar nnd in accordm)(:e wilh law, Buyer shall have 30 days, if abstract,or,p days, if title commitment, from date of receiving' evidence of'jliUe:jlo ,examine
it. 11 tille is found ,defective. Buyer shall, wilhin 3 days, notify Seller in writing specifyingdefect(s), If, the defecl(s) render ,tille, unmarketable"Seller will. nave , 120 ,days from ,receipt
of notice within which to remove, the derect(s), failing which Buyer shall have Ihe option of either accepting the tille as it then is or, demaooing a, refund ot 'oeposit(s) paid which
shall imme&jlely be returned to Buyer; thereupon Buyer and Seller shall release one anolher of all further obligalions under the, Contract. Seller will, if Iilte is found unmarketable,
use diligent effort 10 correct delecl(s) in tille within Ihe lime provided therefor, including the bringing of necessary suits, "" ,,' 'I "II." , ,,"1'1
B. PURCHASE MONEY MORTGAGE; SECURITY AGREEMENT TO SELLER: A purchase money mortgage and mortgage nole to Seller shall provide for a 30 day grace period in
the evenl of default if a first mortgage and a 15 day grace period if a second or lesser morlgage; shall provide for right of prepayment--in whole or in part -without penally: shall
not permit acceleration or inlerest adjuslment in event of resale of Real Properly; shall require, all, prior lien and encumbrances to be kept in, good standing and forbid modifications
of or future advances under prior morlgage(s); and the mortgage, nole and security agreemenf shall be otherwise in iorm and content req(,ired by Seller; but Selierm~y 'oldy reQulr/!
clauses customarily found in mortgages, morlgage notes, and security agreements generally utilized by saving and loan institutions, or state or national banks located in the county
wherein Real Property is located, All Persol13l1y and leases being conveyed or assigned will, at Seller's option, be subjecl to the lie'n of a security agreement evidenced by recorded
financing slatements, If a balloon mortgage. the final payment will exceed the periodic payments thereon, ; " 'i' -,,' ,,' ' ,', ",,-
C, SURVEY: Buyer, al Buyer's expense, wilhin lime allowed to deliver evidence of lille and to examine same, may have Real Property surveyed and certified by a registered Floric' I
surveyor, If survey shows encroachment on Real Property or Ihal improvements located on Real Property encroach on setback lihS\;, easements, lands of others, or violate any restrictiolls,
Contract covenants or appficable governmental regulation, the same shall constilute a title defect. ' " ,-..- "
D, TERMITES: .Buyer, at Buyer's expense, wilhin lime allowed to deliver evidence of title and to examine same, may have Real Property inspected by a Florida Certified Pesl Control
Operator to determine if there is any visible active termite infeslation or visible exisling damage from termite infestation in the improvements..1f either or both are found, Buyer will
have 1\ days from date of wrillen notice therp.of, within which to have fill dflmages, whether visible or not, inspected lind estimated by a licensed builder or general contractor. Seller
shall pay valid costs of treatment and repair of all damage up 10 2%' of purchase price, Should such cosls exceed that amount, Buyer 'shall have the oplion of cancelling Contract
within 5 daysafler receipt of conlractor's "'pair estimate by giving wrillen notice to Seller or Buyer may elect to proceed with the transaction, in which event Buyer shall receive
a credil at closing of an amount eq\lal to the tolal of the Ireatment and repair estimate nolin excess of 2% of lIie purchase pilce, "Termites"shaii be deemed io Include all wood
destroying organisms required 10 be reported under the Florida Pest Control Act.
E, INGRESS AND EGRESS: Seller warrants and represents that Ihere is ingress and egress to the Real Properly sufficient ror the inlended use as described In Paragraph VII hereof.
tille to which is in accordance with Standard A, I' , ' ,I, " II',
F. LEASES: Seller shall, not less lhan 15 days before closing, furnish to Buyer copies of all wrillen leases and estoppel lellers ,from each tenant specifying the nature and duration
of the tenant's occupancy, rental rates. advanced rent and security deposits paid by lenant. If Seller is unable 10 obtain such teller from eacH ,lenanl.the ,same informalion shall be
furnished by Seller to Buyer within that time period in the form of a Seller'S affidavit, and Buyer may therealler contael tenants to confirm such information, Seller shall, at closing,
deliver and assign all original leases to Buyer. " ' "',.' "" ';, ' ~"", ,
G. LIENS: Seller shall furnish to Buyer at time of closing a~ affid~vit allesting' to the, absence~.Lriles~ oiherwlJe' ~ro'vi8ed;~r, h~~ein.r~f'd~;7 financing statements, claims of lien or
potential lienors known to Seller and furlher allesting that there have been no iniprovemenls or repairs to Property' idt9d "days Immediately preceding date of closing, If Property
has been improved, or repaired within that limn. Seller shall deliver releases or waivers of mechanics' liens executed by all general contractors, subcontractors, suppliers, and malerialmen
in addition 10 Seller's lien affidavit selting forth Ihe names of all such general conlractors, subcohlractors, suppliers and materialmen and further affirming that all charges lor improvements
or repairs w,hi~h could serve as a basis for a mechanic's lien or a claim for damages have been paid or will be paid at closing, ' '
H, PLACE OF CLOStNG: Closing shall be held in the county where Real ProperlY,is located, al the office of Ihe allorney or ,other ,closing agent d~signated by Seller.
, ,. l. , ' ,I', '. ... .
I. TIME: Time, is .of the essence of this Contract. Time periods herein of less than 6 days shall in the computatior exclude Saturdays" Sundays mid state or, na\ionallegal holidays,
and any time Prriod provided for herein which shall end on Saturday, Sunday or legal holiday shall extend to 5:00 p,m, of the next business day,
J. DOCUMENTS FOR CLOSING: Seller shall furnish deed, bill of sate, mechanic's lien affidavit, assignments of leases"lenant and mortgagee estoppetletlers, and corrective instruments,
Buyer shall furnish closing slatement, mortgage, mortgage nole, s,ecurity agreemenl, and financing slatements. " ' " ' " '
K. EXPENSES: DOCumentary stamps on Ihe deed and recording corrective instruments shall be paid by Seller. Documsntary'stamps, Intangible tax and recording purchase money
morlgage to Seller, deed and financing stalements shall be paid by Buyer, " " ' "'1'
L. PRORATIONS; CREDITS: Taxes, assessments, rent, interest, insurance and other expenses and revenue of Property shall bE! prorated through day before closing, Buyer shall have
Ihe option of laking over any existing policies of insurance, if assumable, in which evenl premiums Shall be proraled, Cash at clOSing shall be increased ot,' decreased as may be
required by prorations, Proralions will be made through day prior to occupancy If occupancy occurs berore closing, Advance tenl and security deposits will' be credited'to Buyer end
escrow deposits held by mortgagee will be credited to Seller, Taxes shall be prorated based on the current year's tax with due allowance made for maximum allowable discount;
homestead and olher exemplions, If closing occurs at a date when the current year's millage is not fixed, and current year's assessment is avaitabte, taxes wl1l be prorated based
upon such assessment and Ihe prior year's millage, If current year's assessment is not available, then laxes will be prorated on Ihe prior year's tax, If there are compfeted improvements
on Real Property by January 1st 01 year of closing which improvements were not in existence on January 1st of the prior year, then taxes ,shall be prorated ,based uponJhe prior
year's millage and at an equitable assessmenl 10 be agreed upon between Ihe parties, failing which, request will be made 10 the County Property Appraiser for an inlormal assessment
taking into consideration available exemptions, Any lax proration based on an estimale may, al request 01 either Buyer or Selier, be stibseCfuently readjustedVpon, receipt. 61. ,tax ,bill
on conditi~nlhat ~ state men I to that effect is in lhe closing slatement. " ,I I " " , "",;,.':;i,;..;,'..,
M, SPECIAL ASSESSMENT LIENS: Certified, confirmed and ratified special assessment liens aS,of dale of closing (and no!. as of Effective Date) are 10 be , paid by Seller. pending
liens as of tlate of closing shall be assumed by Buyer. If the improvement has been substantially completed as of Effeclive Dale, such pending lien shall be eonsideied 'as certified,
confirmed or ratified and Seller shall, at closing, be charged an amount e<]uatto the tast eslimate .of assessment for Ihe improvement by the public body,
N. INSPECTION, REPAIR AND MAINTENANCE: Seller warranls that, as of 10 days prior 10 closirig, the ceiling, roof (ihcludln~ilie 'fd~bia~;;d soi/iislar1d 'jjxleFlOr'ii'Od Interior w~II~'
do not have any VISIBLE EVIDENCE of 1'1al<s or water damage and Ihal !he septic lank, pool, all major F1ppllances, heating, coollrig; 'elMtriMI, plunibl~g 'sYstems and machinery are
ih WORKING CONDITION, Buyer may, al Buyer's expense, have inspections made 01 those Hems by an appropriately Florida IicensedPelsoh dealing in' the"cMstr'uetion', repal/ or
maintenance of ,lhose items and shail report in writing 10 Seiler such items Ihal do not meet Ihe, above slandards as to defects togethi.!rwiln the cost, of co/recling: lhem, prior to
Buyer's occupancy or not less than 10 days prior to closing, whichever occurs first. Unless Buyer reports such defects within that time Buyer shall be deemed to have waived Seiler's
warranties as to defects not reported, II repairs or replacement are required, Seiler shail pay up to 3% 01 the purchase price for such repairs, or replacements by"an appropriately
Ftorida licensed person selected by Seiler, II lhe cosl lor such repairs or replacemenl exceeds 3% of the purchase price. Buyer Or Seiler may elect to pay'such excess, failing which
either party may cancel this Contract. II Seiler is unable to correct the defects prior 10 closing, the cost thereof shail be paid inlo escrow at closing, Seller will; upon reasonable
notice, provide utilities service lor inspections Between Effective Date and the closing, Seiler shail maintain Properly inctuding but not limited to the lawn and shrubbery, in .the condition
herein warrill1led, ordinary wenr and tear excepled, Buyer shall be permilled access lor inspection of Property prior 10 closing in order to confirm compliance, with this Standard,
0, RISK OF LOSS: II the Property is dama(Jod by fire or other casually before 'closing and cost of restoration d~es not excee';; 3% oftha assess~d valuaiion' ~f 'the' Property 'so
damaged, cosl of restoration sholl be an obliqation of the Seiler and closing shall proceed pursuiuit td the termS of Contract with restoration costs escrowed aiClosin'g, 11 the cost
of resloration exceeds 3'Y. of lhe assessnd valuation of the improvements so damaged, Buyer shall have the option,ol either taking Property' as is, together .with either the 3% or
,any insurance proceeds payable by virtue of such loss or damage, or of canceiling Contract and receiving return of deposil(s), ," '-- '.,.. . '
, , ; , 'I ,1" ; " . . , ~ I ~,! ' ,. ,
,p, PROCEEDS OF SALE; CLOSING PROCEDURE: The deed shFlII be recorded upon clearance of funds, ff abstract. evidence ,of title shail be continued at Buyer's"expense to show
title in Buyer, withoul any encumbrances or change which would render Seller's tille unmarketable from Ihe date 01 the last evidence. Proceeds of the sale shah be hetd in escrow
by Seiler'S attorney or by such other mulually acceptable escrow agent for a period of nol tonger ttian 5 days froni and after 'dolling date, If Seller's tille is rendered unmarketable,
through no faull of Buyer, Buyer shall. wilhin Ihe 5 day period. notify Seller in writing of the defect and Seller shall have 30 days from date of receipt of, such notification 10 cure
the defect. If Seller fails 10 timety cure the r1(Jfect, all deposit(s) shall, upon writlen demand by Buyer and within 5 days after 'demand, be returned to Buyer and simultaneou\;ly with
sUch repayment, Buyer shall return Personally and vacale Real Property and reconvey it to Seller by special warranty deed, If Buyer fails to make timely demand for refund,Buyer
shall tnke tille as is,waiying all rights against Seiler as to any intervening defeel excepl as may be available to Buyer by virtue of warranties contained ,in the,deed.Jf.aportion
of Ihe purcha~e price is 10 tll!!, ,derived from inslitutionat financing or refinancing, requirements or the lending institution as to place, time 01 day and procedures for closing, and for
disburseme'~' of morlgage,proceeds shall control over contrary provision in Ihis Contract Seller shall have the righl to require from the iending insmution a'Wri[len eommltment that
it will not, withhold disbIJI"9Q01ent of mortgage proceeds as a result of any lille defect allribulable to Buyer.mortgagor, The escrow" and 'closing procedure required by ,this Standard
may be waiY,eil.~L lille(19)'')!,inSures,adverse mailers pursuanl to Seclion 627,781\ 1, F,S, (1987). as amended, ' " ' "", ' -
Q, ESeR~:' A""I escrow iigeni-,C'fltt1l') receiving funds or equivalent is aulhorized and agrees by acceptance of them to deposit ,;nem promr>lI1! fiold same Iii esc70w and, subjeel
10 cle~a~; disburse them in "aceor 'ance wilh terms and conditions of Conlract. Failure 01 clearance of lunds shall not, excuse Buyer's performance, If in doubt as t.. Agent's duties
or lial3it\el; ~ffjtJer the 'provisions i:>l"'COlllrm:I, Agent may, at Agent's option, continue to hold Ihe subject mailer of the escrow utilil the paq;e,sin).Ituaily agree ici its disbursement,
or un~ a ju~grnent of a courL,ot ~I'npelcnl jurisdiction'shall determine lhe rights of the parties'or Agent may deposit with the clerk 01 the circuit courl hrnrlng--jucjsdlction 01 the
disputE>- Ulnlt.nolifying ail partie,;' concernE'd 01 such action, all liability on Ihe part of Agent shall fully terminate, except to the el!(tenl of aCCQunting for any items previously delivered
oul 01 ~c~\.t.lf a licensed mat' e6tate brokm, Agent will comply with provisions of Chapter H5, F,S, (1987), as amended, Any Sliit between Buyer and Seller where' Agent is made
a party 'b~c:a\.!se o! acting, iI5' AgD,;1 hereunder, or in any suit wherein Agent interple~ds thP. subjecl matter of the escrow, Agent'shall recover reasonable attorney's ,lees and costs
incurred Wilh 100 lees -and costs to be ch'\rqed and assessed as court cosls in favor of the prevailinp party, Parties agree that Agenl shall not be liable 10 any party or person
for misdelivery to Buyer or Seller of items suhjr)cl to this escrow, unless such misdelivery is due to willfut breach of Contract or gross negligence of Agent - '
R. ATTORNEY FEES; COSTS: In any liligalion arising oul 01 this Contracl, the prevailing parfy shall be entitled to recover reasonable attorney's rees'a'nd eosts", '
S, FAILURE <iF PERFORMANCE: If Buyer fails to perform nils'Conl,'acl within the lime sr,ecified(includ1ng poyment of all deposil(slt, ,thed'lposil{srpaid by Buyer mAY be retained
by or for the account of Seller as agreed upon liquidated damages, consideralion for Ih8 execulion of Ihis Contract and in full selllement of any ctaims; whereupon, Buyer and Seller
shall be relieved of all obligations under Conlract; or Seller, at Seller's option. may proceed in equity to enforce Seller'S rights under t11is Contract. If, for M'rteBSOn other'than failure
of Seller to make Seller's Ii tie marketable aflE'r diligent efforl, Seller fails, neglects or rei uses to perform this Contract, the Buyer may seek specific performance or, etect to receive
the return of Buyer's deposil(s) without Iherehy waiving any aclion for damages resulling from Seller's breach,
T. CONTRACT NOT RECORDABLE; PERSONS BOUND; NOTICE: Neither this Contract nor any nolice of it shaii be recorded in m;y public records, This 'C(Jniraci shall bind arid
inure to the benefit of the parties and Iheir success.ors in interest. Whenever the context permits, singutar shall inctude plural and one gender shall include atl. Notice given by or
\0 lhe attorney for any party shall be as elf8clive ns if given by or to that party,
U, CONVi: VANCE: Seller shall convey title 10 Real Property by stalutory warranty, irustee's, personal representatiVe's or gua'rdian's deed, as appropri~te \0 the stai~~ 0', Seller, subje~i
only 10 matters conlalned in Paragraph VII and those otherwise accepted by Buyer. Personalty shall, at request of Buyer, be translerred by an absolule bill of sale with wFlrranty
of title, subjecl only to such matters as may be olherwise provided for herein,
V. OTHER 'AGREEMENTS: No prior or present agreements or representations shall be binding upon Buyer or Seller unless included In Ihis Contrad. No I'nodificaiiori or change In
this Contrad shall be valid or binding upon Ihe parties unless in writing and executed by the party or parties intended to be bound by it, '
W, WARRANTIES: Seller warrants that there fire no facts known to Soller malerially affecting the value of the Real Property which are not readily observable by Buyer or which
have not been disclosed to Buyer.
STANfARDS FOR REAL ESTATE TRANSACTltNS
" ,
Copyrighl 1988 by The Florida Bar and The Flo~ida Association ~rR,E~LTORS. lnc,
.,.'
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, ADDENDUM
.
TO THAT CERTAIN CONTRACT FOR SALE AND PURCHASE dated the
day of , 1994, by and between FIRST FEDERAL/OSCEOLA,
a federally chartered savings and loan association, or its assigns,
and the CITY OF CLEARWATER, FLORIDA, a Florida municipal
corporation, regarding real property legally' described as in
Exhibit "A" (the "premises") attached hereto and made a part
hereof.
TO WIT:
Closing by Buyer of the transaction contemplated herein is
conditioned upon the following terms and conditions having been
fully complied with at or before closing:
1. CITY COMMISSION APPROVAL
Following execution of this contract by Seller, this agreement
shall be held unconditionally open for approval and acceptance by
the Clearwater City commission for 45 days following receipt in the
offices of City of Clearwater, Engineering Department, P. o. Box
4748, Clearwater, Florida 34618-4748. Unless this contract is
accepted and approved during the time herein allowed, and written
notice of such acceptance and approval is delivered to the Seller
via U. S. Mail within 15 days following such acceptance and
approval, Seller shall have the option, at its sole discretion, to
terminate this agreement, whereupon this agreement shall be void in
all respects and all parties hereto shall be relieved of any and
all further obligations hereunder.
2. RIGHT OF ENTRY
Following approval and acceptance by Buyer, and during the
pendency of this transaction, Buyer and/or its agents, at Buyer
option and expense, shall be permitted to have access to the
premises, subject to the rights of Seller, to make surveys, make
measurements, conduct a commercial Phase I Environmental site
Assessment in accordance with ASTM Standards E 1527 - 93, et. sec.,
and Phase II Environmental Testing, if recommended by environmental
contractor, perform engineering tests (including drilling and
coring for soil analysis, if desired), and otherwise make such
physical inspections and analyses thereof as Buyer shall deem
necessary; PROVIDED, however, that Buyer hereby assumes all risks
of such entry and agrees to defend, indemnify and save Seller
harmless from and against any claim, cost or expense resulting from
any da.mage to or destruction of any property (including the
premises) and any injury to or death of any person(s), arising from
the acts or omissions of Buyer or its agents in the exercise by
Buyer or its agents of this right-of-entry, and Buyer agrees to do
no act which would encumber title to the premises described herein
in exercising this right-of-entry. Any damage to the premises
resulting from Buyer's entry upon the premises shall be repaired or
corrected at Buyer's sold cost in the event this transaction does
not close; provided, however, that nothing contained in this
provision shall constitute a waiver of any of the rights or
defenses available to the Buyer as a Florida municipality under
Section 768.28, Florida Statutes, the "Sovereign Immunity Waiver
Statute" .
3. ENVIRONMENTAL CONTAMINATION
If environmental contamination of the premises is revealed by
the studies and test conducted by Buyer during pendency of
settlement of this transaction, in a amount and/or concentration
beyond the minimum acceptable levels established by current
applicable governmental authorities, Buyer's sole and exclusive
remedy shall be to terminate this agreement. Under no
circumstances shall Seller be required to correct, remedy or cure
any condition or characteristic of the premises, including but not
limited to any environmental contamination which Buyer'S tests and
d-"
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studies may reveal, as a condition to settlement or other
performance hereunder. If Buyer elects not to terminate this
agreement, or elects not to secure any tests or inspections, Buyer
shall take the premises "as is" and assumes all risks of condition
of the premises.
4. CLOSING AND POSSESSION
Upon all other terms and provisions of this agreement having
been met by the parties hereto, except closing and possession,
closing shall take place and possession shall be delivered to Buyer
not later than 75 days following the effective date of this
Contract For Sale and Purchase.
5 . 1fO- BROKERS *
Ele..d. pflr t}i flif irmat.i ~ e.ly re.pre.~e.:n.t~ t.o t.he. othe.r pal: t.y that. l"lO
broker!! l.flve beel. invol've.din t.hi~ tral,.:!flctiol, fll,a. 1,0 bl:okel: i~
~l.t.i tIed t.o pa}ILl~llt. of a r ~al ~3t.at~ COILLILLi~.!tiolJ b~Clltl~~ of tl~is
t.re..n"e..ct.iofl.
6. RADON GAS NOTIFICATION
As required by section 404.056(8), Florida Statutes, the Buyer
shall have notice of the following:
RADON GAS: Radon is a naturally occurring radioactive gas
that, when it has accumulated in a building in sufficient
quantities, may present health risks to persons who are
exposed to it 9ver time. Levels of radon that exceed faErcti
and state guidelines have been found in buildings in
Florida. Additional information regarding radon and radon
testing may be obtained from your county public health unit.
ACKNOWLEDGED AND AGREED as of the day and date first above
written.
FIRST
savings
-fik'~
WITNESS
0..-.11 (). t;.. C.un.P 11(-
WITNESS
By:
James B. Davis, presi ent
(h.hJ~ 0.. U~
Ph~iliQ:Ei~m, Secretary
CITY OF CLEARWATER, FLORIDA
~Mr
Eliza~h M. eptula
City anager
and
ATTEST:
Alan S. zimmet
Interim city "P.
*See enclosed letter from First Federal/Osceola.
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EXHIBIT "A"
IDENTIFICATION OF 'rilE PRO~ ond LEGAL DESCRIM':t;.ON
The property under. consideration is a vacant parco I of upland
along with adjoining QubmGrged londo, locatod on the west (>1.oe of
Pierce BoUlevard, between Pieroe and Court Streets, Cl~arwater,
Florida, and is logally described as follows:
^ parcel of upland and contiguous submerged land in Section 16,
Township 29 South, Range 15 Eost, P~ne~las County, Florida, being
more particularly described 8S follows:
l"rom the northeast corner of Soction 16, Township 29 South,
Range 15 East, run south along the oost line of said Section
16. n distance of 1.546.16 feet; thence South 89"45'00"
Went, along the south line of Pierce Street, 8 distance of
2,289 fee-t, more or lese, '1;0 a point on the westerly right-
of-way 11ne of Pierce Doulovard, soid point being the Point
of Boginning; thence continue South 09" 45 100" West, along
the south boundary line of Pierce 100 Condominium, a dis-
tance of 700 feet, more or less; thence. run South 09"02'16"
West:, a distance of 287.8 feet, more or 1.os8; thenoe Tun
North 09" 30' 00" East, 0 distance of 190" 42 feet, more or
less; tllence run South 23 "19' 00" West. 8 distance of 285
feat. moro or less; thence run east a distancQ of 8'40 feet,
more or less along the north right-of-way of Uaven street
extended, to a pOint on the westerly right-ai-way line of
Piorce Boulevard; thence run along caid westerly right-ot-
way line of Pierce Boulevord, in a nor.th-northwesterly
direction, having 0 chonl bearing North 17"23'03" West, a
distance of 577.02 foet, to tho Point of Oe91nn1ng.
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FIRST FEDERAL/OSCFDIA
SAVINGS AND LOAN ASSOCIATION
JAMES B. DAVIS
President
August 4, 1994
To whom it may concern:
The below listed broker was engaged by First Federal/Osceola to assist in
marketing the property. First Federal/Osceola acknowledges sold
responsibility for the commission to be paid to this broker.
Gary New
Auction Associates, Inc.
4823 Silver Star Road
Orlando, Florida
James B. Davis
President
2200 Live Oak Blvd., St. Cloud, FL 34771-8462 . (407) 957-7401