COOPERS POINT PARTNERS LIMITED
! CONTRACT FOR SALE AND PURCHASE
,_,(.tAR,TIES: C:OOPF.R'!=; POTNT PARTlrF.R!=;. T.TD t=l Flnr;nt=l l;m;t-l=~ prlrt-npr~h;r .....S.II.....
....fSgt:jg C:entral Avp-nlle. !=;t ,pp-t-~r!';hllrg. Flnr;nrl ~~7071' (Phon.(~1~)~8t1-hO(Hl l.
; .~,Id CITY OF CLEARWATER. FLORIDA and PINELLAS COIJNTYJFT.ORTDA.r.nllpC"i-;uply .....Buy....,
'ofP.a. Box 4748. Clearwater Flnr;aa (Phone I.
h..eby .g... that the S.II.. .h.1I ..11 .nd Buya. sh.1I buy the following property ~'pon th'a following tarms and conditions WH ICH INCLUDE the St.nd..d. Fo.
R.al E.tat. Tr.nsections on the r.v.... h.r.of or attach.d h.reto. h.reinafter r.f.rred to es "Standard(s)".
. I.
DESCRIPTION:
(.) Legal description of real estate j{XOX~MK'Xlocated in
Pinella!';
Cou nty, Florida:
See Exhibit "A" attached hereto and made a part hereof.
(b)
(c)
Street address. if any. of the Property being conveyed is
P.rsona' prop.rty includ.d: none. This
none
is vacant
land.
II,
PURCHASE PRICE: , . . , . , . , , . , , , ,
PAYMENT:
I.) D.po.it(.) to b. held in escrow by
,.",..,'.,......",'.,.""""", ,$ 1,950,000.00
N/A
(b) Subj.ct.to AND assumption of Mortgage in favor of
N/A
in the amount of, , , , ,$
----,-..-',~t":'.
. .':'::,~.: ,'" int.r..t $
(c)
Purchase mon.ymortgag. and note bearing interest at
principal amount of . , . . , , ' , , , , " .,.... ..... . . ' ,
bearing interest at % per annum and payable as to principal and
per month. having an approximate present principal balance of. . ., $
N / A % on terms set forth herein below. in the
.-','tr'-.-.." ~
Balance to close, (U.S. ca.h. ~Hi:liiIO)oX<X<<OOXXINQlI subject to adjustments and proretions .
Purchase~roceeds to be paid b~wired funds
for irnrnedl'ate 'credit .to Sellers"account
TdTAL'
.$
$
.$ 1 I q c; 0 . 0 0 n 0 0
,$".950.000 00
(d)
(e)
Oth.r
N/A
III.
dit,ioned ~pon the_~~yer obtaining a firm commitment for said loan within
%'; 'term of _year;': and in the" .
r 0 . at an interest rate not to exceed
Buyer egrees to make epplication for, end to u.e r.asoneble dili.
IV. "'''TITLE EVIDENg , Seller shall. ~ deliver to Buyer or his attorney. in accordance with
Standard A" either (CHECK) 0 (1) orXJ (2): (1) abstract. or (2 title insurance commitment with fee owner's title policy premium to be paid by Seller at closing.
V, TIME FOR ACCEPTANCE AND EFFECTIVE DATE:lf this offer is not executed by both of the parties hereto on or before Feb. 24. 19RR ,
'the aforesaid deposit(s) shall be, at the OPtion of Buyer, returned to him and this offer ..shall thereafter be null and void. The date of CQntract ("Effective Date")
shall be the date when the last one of the Seller and Buyer .has signed this ;:,ffer:
VI. CLOSING DATE: This transa'ction shall be closed and the deed and other closing papers delivered on the
19--8.8_, unl.ss ext.nded by other provisions of Contract. .
VII... RESTRICTIONS. EASEMENTS. LIMIT,ATIONS: The Buyer shall take title subject to: Zoning, restrictions.. prOhibitions,anclother niQuirem.ntsJrT1posadby
gov.rnm.ntal,autho.ity; R.e.trictions and matters appearing on the plat or otherwise common to the subdivision. Public utility euements of record, (provided ..id
....m.nts .re located contiguous throughout the property "nes. and are not more than 1 0 feet in width as to the reer or front lin.s and 7\1, feet in width .s toth.
.ida lines, unl.ss otherwise specified her.in), Taxes for year of closing and subsequent veers, assumed mortgag.s .nd purchue money "mortgage., if,any;
oth.r:l"'.,pnprrll warranty deed will not warrant ti tie to sul::m2r<;led lands ",.. ",""
provided, however. that none of the foregoing shall prevent use of the Property'for the purpose of ' ", parkland
VIII. OCCUPANCY: Seller represents that 'there are no parties in occupancy other than Seller, but if Property is intended to be rented or occupied beyond closing,
the fact and terms thereof shall be stated herein, and the tenant(s) shall be disclosed pursuant to Standard G. Seller agrees to deliver occupancy of Property at
time of closing unless otherwise specified below. If occupancy is to be delivered prior to closing, Buyer assumes all rIsk of loss to Property from date of occu-
pancy, shall be responsible and liable for maintenance thereof from said date. and shall be deemed to have accepted the Property, real and personal. in its existing
condition as of, time of taking occupancy unless otherwise noted in writing. ......,.:
IX, ASSIGNABILITY: (CHECK' ONE) Buyer Omay assign ~ may not assign, Contract.
X, TYPEWRITTEN OR HANDWRITTEN PROVISIONS' TypeWritten or handWritten provisions inserted herein or attached hereto as Addenda shall control
all print.d provisions in conflict ther~,,!!ilh~._, .~, ...' __,
2nd
day ofMai::'ch
.'~'''"''"'';::'-
XI.
XII.
INSU LA TION RI DE R: I f Contract is used for the sale of a new residence, the I nsul,iti"n' Rider"stialfbe attached hereto and made a part hereof.
SPECIAL CLAUSES:
1.."':"
See attached Addendum.
THIS IS INTENDED TO BE A LEGALLY BINDING CONTRACT.
IF NOT FUllY UNDERSTDDDr SEEK THE ADVICE OF AN ATTORNEY PRIOR TO SIGNING.
THIS FORM HAS BEEN APPROVED BY THE FLORIDA ASSOCIATION OF REALTORS AND THE FLORIDA BAR
By;
(SEAL)
WITNESSES:
,q-~ 4. xf.tt~~
WITNESSES: (Two recommended but NOT (eQuired)
a Florida
(Escrow Agent)
..
,...
&Xl
vao.,.. ~ a #It. <: ~ ~ i Ii. i-II.,. .,r l' 'Ul ~a. t"'1t r1"lrttarve r..r 1','"'.111 UraL. Tr -r~-~ ...._I~u..
pen..tion In the amount of % of gross purchase price or $
willing and able to purchase pursuant to the foregoing Contract, In th
Brok.r's f.e above computed ' ,as ull consideration for
-'
... .I~... -.1 -1--:-9 4'_~_ Tko- "'I~'" ._-1'-1t-tt..' '!::Ie......
. for his servo . R_ ing a Buye-!;-~eadY;
man deposit(sl is retained, 50% therI>O~;bout'no~_cjj8ctlng ~h-;'
Broker's services including costs expended by Broker.-;IriG:ll)(J r.,aanc. shul"b.
. -" d.'
C!!~ ~
~ 3//Z79-:;-.'."
REV.: 3/81 C
(SEAL)
(SEAL)
(Seller)
. (SEAL)
(S.II..)
I~ 04.-..; '(J/-I4-~
------ ---~---
A. E~IDENCE OF TITLE' m "n ,hetmt nf 'itIP~~~P~~~~~~:h?~"~,::'Lh;~~~:~':~~~~~~i~.I;~t,,.,m. /m '" nn. pv;q;ng th"n <Ort;/,,,,, at ,_Qrran' By
an existiny firm) purporting to be an ~ccurate synopsis of the :nstruments affecting the title to SlJbiccf Proper";y recorded I" the pUR..~tf'-e county where-
in the Property is situated, through Effective Date. An abstract shall COl11me!1ce with the earlies.t plll-P . ater date ;)$ may be customary in the
~ounty wherein the Property is s;tuated. Seller shall convey a marketable title " encurnL'rances. exceptions or Qualifications set forth in this Con,
.. tract and those which shall be discharged by Seller g. drketable title ~hdll he detcnrdned in acc.ord;)nce with applicable Title Sta.ndald5 adopted
by authority of The Flori - or ance with law. 11.1.)on closing of this transactIon suc~, abstr3ct shall beCOfne the property of Guyer, subject to th.e right
r [1..J a title Insurance commltfTlent Issued Uy a qualified title Insurar aqreeing to issue to Buyer, upon
reC'ordlng 01 tlfe deed, 'to .'Buyer, an Owner'spolicy of'ti't1eihsurancein the arnou,nof the j:)urct\ase price, insuring title of the Buyer to .the Property, subject
only to liens, encumbrances. exceptionsor"lua~jfi<:ationsset forth in this Contract and those wh,ch shall be dIscharged by Seller at or before clOSIng, Buy,;, I,hall
have 30 days, il abstract. .or 5 days, if tItle com,nitm6nt. from date, of receiv."9 -<lv.denc,e oftl.tle to exam Ine same. If title is fo't!V't defective, Buyer shal': wlt~ln.3
days thereafter. notify Seller in writing specifying delectls). If said defect(s) rende' title unmarketable, Seller sha!1 have .~Vs from receIpt of notlc,; With'."
wh.h:h ~Q remove saic;J..pefecdsl, a~d if..S~Jl~Lis un~uccesS~4!.inremQvin.g.ther(', ~Itnm said time.. 6uyer sh.~l! ,have _the option of either (1) acc~ptlng the.t,tle.~s It
then is, or U) demanding a relund of all monies paid hereunder which shall forthwith be returned to Buyer and thereunon Buyer and Se.ller shall be released. as to
one another, 01 all further obligations under the Contract. however, Scller agrees that he will, if title IS found to be unrnarketable, use dilIgent effort to correct the
defecds) in title wlthm.the time pr,R}'{~ therefor, including the: bringing of necessary SUitS
B. EXISTING MORTGAGES S~ll fllrnl<.h ;:a <.t~t4'T"\..on~ "....'T' th&-.n+Ol~8(j"~~-tfi'1~.ne~en-e1!:-~af-pavmerTt2!1tl!i""Pt:-r'Y~"9 ~R"ef.~....I''l;it1I~
the mortgage(s) is ill good standing. If a mortgage requires appro\al of the Buyer h'l the mortgagee in ord r , .' assumption by the Buyer of said
mortgage, and CD the mortgagee does not approve the Buyer. the Bu r ract, or:" requires an Increase ,in the interest rate or charges a fee
t.o.r arty rea!.on in e)(ce~s 01 $10 n t le Contra,:t unless Seller plp.cts to pay such increase or ~xce9S. Seller and B.uyer shall each pay 50% of
il 0<. t ~)t' 'Ho Th-. l-fl nt ( ~ :W.....bJt.J.nQf..tg.a.gee.~__cr:edited_.iO-_S-e1ter.
..(r PIIR("~.6,i= I\J1n1\u:v ".4n~Tr:.Llr:.~~. Tho r"rrh..".,o ,."QnV\, .-........0 ....... .......O....9:>.~" 1 :l'~\" [h:lll J"~e ae f8 8 dQ 38, ~ ~f.:.~~)5~~,;OJ ;" ll.'I;i IC"vlC"nl vI Jefaui 'd ~a
fir~t mortgage and_ a 15 day grace period if a second rnortgage. shall provide for right of prepayment ir'l whole or in part wl _ _, ,a not provl, e or
acceleration .or interest adjustment in event of resale of the Property, anu shall be other.wise .If; fOI m . re .by Seller#s atto...n,ey; provided, however,
SeUer rnay only req~ire cl~uses customarily found in mortgages and rnort 'f uti. ized,hy. sav:;ngs_and loan institutions ih the county where,in the
Property is located Said mortgage shall require t en-:.urnl>ered Proper tv .to keep all prior Iler._s and encurnb.ra.nces in good,.s~anding. a~d ,for~id the
owner of. the Propert f I lcatlons o~ or future advances under prior" mortgage(s)' All perso-f1al propefty being conveyed will, at optlOI') of Seller,
D_ SURVEY; The Buyer, within tirne allowed for cielivery of evi<1tHH.:e of tItle ~nu 'e-)(t'!IT1in,;;tion th~"eof. r-ni::lY hav~ the Property surveyed at his expense..1f the
survey, certified by iJ reJistered Florida _surveyor, shows any encro.)(,.hrnent of s.JH1 Prop,).,..tv or tha.t lI11provernents rntended,to be lo,-.:ated on the Property In fact
encroach on lands of others, or violate any of the ContT<.:lr.t covenant~ the surne shall he tr,cdted itS a tltlt:' defect.
E.
occ...urs last, may have the ;mprovements inspecteJ at Buyer's expense by a \..;2'1 tifrpG F,es; Cor:lfro!.o.per..,tor,t.o,determine whethe.r ther'... . ,.actlve termite
-4nfestation or visible existing damage from termite i:lfesta~ion ill the ;mpro\.iern.entC) If S'.Jver !s ir~iorrned of eith. e oregoing, Buyer ~.ill have 4 dS.Y5
from ,date of_wriUc!l.notit::e_thereof or. 2 d.<1Y.s _a:1,H~~ _~e.],ect..on.9f..._<!.~.olltr_a_~_t.orJ \tJ~I_I_d;eve- or . In which .to have -a~J.damages-; whether vls~bJe or not, .n-
spected and estima~ed by a licensed builJing 0'" general (.;untractor va Id r;osts of trcatlnera and repair of all damage up to 1 iz% of Purchase Price.
Should such costs eJl:.ceed th3t::anlount. Bu ' le optio:'} of cancelling. Cqn,tract w!thin 5 ~~y~ after rece!pt of ~c:>ntrac-~or~s repair .estimate by giving
written notice ~o Sell y e e'..:t tu proceed with till,; transaction. in wh:r:h €'venl8uyer 'sha!i recp.i've a c"edi~, at -Closing of an amount'equal to 1 Y2% of
, .ga!lJ~lt.5_{el;l",,,.,;,~t: ,.M..cte<l~"d.!"Ula.F.j... iau PC.I,C~Ht.bl.A~l;
F. INGRESS AND EGRESS. Seller \.VCjlranlS thdt ther~ i~ ;nyrl!S5 <.Jnd e~Ff:~~ to the PrOJ.Jert,' sufficient. for the Intended uSe as described in Paragraph VII hereof
the title to whrifi\l\.~n accordance with Standard A.
G. LEASES: .~t;<JlIlIr lISt 19~1: ll~.B1l 'a.diiba~ r;- . _I~r ~~-w....;r1, ....-.. Q""c.>r '....1...;"... ,...( ..,11 ,,,..;tT"""~ :a:>.c:ac --"H~ ....c:t'npral louarc f,n~ a"'r_.h "_,~jfVi""g t'ha
nature and duration ot" said tenant's occupa"'!cy: rentai ra~es ana auvanf.ed ref1t and security deposits) i e ~ unable to obtain such
letter from each tenarH. the same information,; 1 l' w; In said tilne period in the form of~,a Seller:s affidavit, and Buyer may
H.. LIENS: Seller shall. both as to the ,Prop.erty and persorldlt.,-l!etng, S;ollJ ~l~re..J'niJer.. tur'n-ish to-B~yer at ti"'e-of-c1osin,Y an, affidavit attesting to the absence, unless
otherwise provided for herein, of any financln~ stat8~~ents. Llairns;;f lien 01 potential11enors ic'.nown tu Seller and further attesting that there have been no improve
ments to the Property ~Ol 90 days imrnediat~ly ~.H€-{.,;~r1i:lg ,Jote of closing, If t!.,c Pro~erty has been illlfJfOVed withIn said tirne. Seller shall deliver releases or waivers
of all mechanic's liell::>. e)"ecuted by general contractors. SUUl"ontrd~.tcrs. sUlJpllers. .Jnd rr,.ltcrlallnp.n. in addition to Seller's lien affidavit setting forth the names of
all such general contractors. subcontra(,.tors. suppliers and fTlat~ri.llrne..... ann furth~r reciting that in fact ,]11 bills for \'\Iork to the Property which could serve as a basis
for a mechanic's lien have been paid or will be paid at closing
I. PLACE OF CLOSING; Closing shall be hei,d.in c<?unty wh~rein Property !s localed. at the office of _atTornt:'v or other closing agent designated by Seller.
J. TIME; Time is of the essence of thIS Co,;t1"act. A.ny reference.herei" to t!r'!"'1(;, periodS ot less than G ,-Jays shall In tne computatIon tnereot exclude Saturdays, Sun
days and legal holidays, and any time perio.-j pro....:ded for herein I,vhicll shall end .:.;n a SaturddY, Sunday or 11)9a: holiday shall extend to 5:00 p.m. of the next full
business day,
~';n~~~i~~~~~;:'~~i~;~~I~~~ <W~ s.~..I,', f,ur~,;~:, ~~~~i'n';~~a~:~'~'r~i~e::~~~~~;:i~,,~::i'~":':::~~: ,- :<: .a;d any c?rrecy:einstru:nen1ts that.rnaYbe required in
L. EXPENSES: ~f..A."""""'~I-H~~r:JS hi€:h re_It:!9ulr'1 ff ~P: j tR ,ftl l'tr ~ ~.l:;la:~pi.a.u.agi.B.Ja ta~R 8R!..t!j_f:l~i.a&a..l.~"'" _.._{
n)ortgClg~__to Seller, and cost of recording any correcttv~ i~strwT' ~n .p_a'L 1"'_9.~H:j l:i".s..t>J1e~ -U'U''<;.'-''Tl~'ll~Y 'Hdr~lQ,Sdo Ila" affixed to the note or notes secured by the
, -., ~V~..., :::>ee 1\.ClOen urn.
M. PRORATION OF TAXES
discount and hOlnestead or other exernotlons if [jllowed for ~al(l \ ei,r : f c.osing UCC\.."-S a: u date when the Current y~ar's milia e .i , current year's
assessment is. avail au Ie. taxdS wiil be ~ro~ated bast:cJ u;..,or, ~uch asseS~I"~ent and the prior year's Inillage !f cur ment is not available, then taxes will
be prorated on the prior year's tax, prcvlded, however, if tr.er,;, atC: co;,.pleted IrTlpro....erT1. perty by January 1st of year of closing, which improvements
were not in existen'ce on January 1 st of the ~rior .year. tf,~n td d el LJdsed upon the prior year's' ITlillage and at an equitable asse5snlent to be agreed
upon between the parties, failing which . "'.:Jue to the County Property Appraiser for dn ;nfornldl .JsseSSfnent taking into consideration homestead
exemption.'if an ta;.... IHoratior. hased on an ~stllnJt~ nldV at rt!Qup.sr 01 either n;u,t','..,tq fhc~ransaction he subsequently readjusted upon receipt of
o " See 1\.ClOenoUIn.
N,
by' Seller: Pending liens as of date of .closing shall be assurned,iJ.,.. Buyer, IJro\fided. however # that wher an 13 y QOlnpleted as of the
Effective Date. such pending lien shdll be consi .,. le:Jn ellt:r shall_. at closing, b~ charged an amou~t _equal to,.tt:'le I~st estimate
O.
working condition as of 6 uays prior to r:losing. Buye' lnay, df hiS expt!llse. have Inspections made of said iten.,s b Ii' e repair and main-
tenance 'thereof. and shall report in writing to Seller such iterns as found not I rota Ing of possession thereof, or 6 days prior to closing,
whichever is first. Unless Buyer re res all be, deemed to have waived Seller's warranty as to failures not reported. Valid reported
I er.efor esc',,'"'ed a.t.,,~i.n "SeileL ~ <.0 . .
P. f/lli~" QC l O~~. Il t....v '-P~9 t'~']'~tl .lrQ iiiiliWJYQ~ ~\ firs er 8tR8r 88:il::Jalt.. J)r'~. t~ 1.ltl3ll"1ld1. ""....J ","()~h of IlC"nortny "'ClIfT''=" UUtl'll nUt t\',lu;t::ed 3'0 o't".th'~nJlc.l:AA-~.~
Valuation of the Hnprovelnents so darnaged. cost of restorc:.tion _shall be an obligatIon of The Seller and <.:Iosin s e terms 0 ontract
With cost therefor escrowed at closing. in the event the cost o! repair or. assessed valuation of the improvements.so da.maged, Buyer
shall have the option of either tak. er. \~\II.th eith~.r: the said 3% Of any insurance proceeds J.JayatJle by virtue of such. loss or darn age, or of
r .' ~
Q.- r1 A I~JT!;:"I ^ ....l('r:"" 1\,./1'1 itl...itif tI.-1J t~o
and real ,property. including l~~!l_' sh.rubber
,ara .[jj9 i 8' ~ta
and 0 i if
'~.1 0.. b.._L....._.. :rJ_.....;v.. f).u~~
c;I....J ....Iv...;..~ ..1..t_, ,.....[..__.,....1 ~~.....":"'U~~y ~~!.":"l.._~I-'....L-,JJ-_.5n'n(Jara u.
OmJfllun '[neye'i(lste-a'as~of Effective Date, ordinary wear and
R, PROCEEDS OF SALE I'.ND CLOSING PROCEDURE The deed shall be recorued upon clearance of funds and evidence 01 title continued at.Buyers expense.
to show title in Bu_yer. without any. encumbrances or. change. which would rend.er Sel.ler's title u.nm'arketable from the date of the last evidence~ ~..J tf.z. ..._if f5105
"S99.. 9f G:Ble {:~illl 98 ~Ihif .R 8lthlre- 1I, ~8"8r'{: i!lt18r~B, Qf _, '.;:Ish ether BIers 4f,~ t liB .:., ~e. _l~_lIy ....:;,.'-.....1 "'":,,,..n. (....., ... .........,;......1 ....r ,In..." IV"!::lt:::I_"I'oll:i day~-
. . .. .
have 30 days from date of roeceipt of such notification to_ r.ur.e,said defect. In the event Seller fails to timely cure said defect, all monie r s all. upon
written dernand therefor and within 5 days therea'ft~r, be returned .to Buyer and. sitnultaneously with such repayrne vacate the Property and recon-
vey Same to the Seller by'special warranty deed In the event BlJver fads to f)lake tin"ely defnand f s all take titl.e as is, waiving all rights against Seller
as to such intervening defect except as Inay be availahle to Buyer IJY virtue . I any. contained in deed. In the event a portion of the purchase
price is to be derived from institutional financing or refin equirelnents of the lending institution as to place. time of day -and procedures for clos.
ing, and for disbursement of rnortga e ,control. ar.ything in this Contract to the contrary notwithstanding. Provided, however, that the Seller shall
have the right to r uc lending instit'.Jtlon at LIOSlflY it l.ollunitment that it will not withhold disbursement of n10rtgdge proceeds as a result of any title
r. The 'escrow and closlnq pro'_edure required bv this Standard may be waived in the event the attorney, title agent or closing
agent insures against adverse matters pursuant to Section ~27.7B41, F,S, as amended.
S. ESCROW: Any escro'w agent receiving funds is authorized and agrees by acceptance thereof to promptly deposit and to hold sam'e in escrow and to disburse
same subject to clearance thereof in accordance with tern"lS and conditions of Contract. Failure of clearance of funds shall not excuse performance by the Buyer.
In the event of doubt as to his duties or 'Iiabilities under the provisions of this Contract. the escrow agent may in his sole discretion, continue to hold the monies
which are the subject of this escrow until the parties mutually agree to the disbursement thereof, or until a Judgrnent of a court of competent jurisdiction shall
determine the rights of r:he parties thereto, Or he rnay deposit all the monies then held pursuant to this Contract with the Clerk of the Circuit Court of the County
having juriSdiction of the dispute, and upon notifying all parties concerned of such action, all liability on the part of the escrow agent shall fully terminate, except
to the extent of accounting for any monies theretofore delivered out of escrow. If a licensed real estate broker, the escrowee will complv with pr.ovisions of Section
475.25 (1) (c), F.S., as amended. In the event of any suit between Buyer and Seller wh~rein the escrow agent IS made a party by virtue of acting as such escrow
agent hereunder. or in r:he event of any suit wherein escrow agent interpleads the subject nlatter of this escrow, the escrow agent shall be entitled to recover a
reasonable attorney's fee and costs incurred, said fees and costs to be charged and assessed as court costs in favor of the prevailing party. All parties agree that the
escrow agent shall not be liable to any party or person whomsoever for misdelivery to Buyer or Seller of n)onies subject to this escrow, unless such misdelivery shall
be due to willful breach of th.is Contract or gross n~gligence- on the part of the-escrow age.nt.
T. ATTORNEY FEES AN',D COSTS:,'n con, nection W_'lfl i'~lit~,~"r1in""u.,'(diro,'( g,.AD~el~e'g'cA.edi'l'll~UUiTMl.I.tro.itb.....GoT~l. ll~.a>.l'~ajli9Q.-A>1U.ll._stulU-be
entitled to recover reasonable attorney s fees and costs,mUJ:n liiiae~~U~Etorne y~ '8tiLc1 V.I.~ '5nc:na c1W Ol.l..l.L.:t:: t-'''''.l..::>urme.L
u.. DE FAULT If BUl'er farls to perform thIS Contract Wlffiln th~ time speCified. the depoSltlsllpald by ~f.X,er a:roresaid may be retained by or for the account
of Seller as liquidated damages, consideration for the execution of this Contract and in full settlement of any claims. whereupon all parties shall be relieved of
all obligations under the Contrac;t. or Seller, at his option, rnay proceed at law or in equity to enforce his legal rights under this Contract. If, for any reason other
than failure of Selleif' to render his title marketable after dilllgent effort, Seller fails, neglects or refuses to perform this Contract,.the Buyer may seek specific per.
formance or elect to recer.,e the,return of, his deposit(s) without thereby waiving.anv action for daf"!lfilges resulting from Seller's breach.
V, CONTRACT I\IOTRECORDABLE, PERSONS BOUND AND NOTICE: Neither this Contract nor any noti~e thereof Shall be recorded in any public records.
This Contract shall b;i,md1 and inure to the benefit of the parties hereto and their s.ucces~ors in interest. ,Whenever the context permits, singular shall include plural and
one gender shall in.cnWlde arl. Notice given by or to the attorney for either- p-arty ~hall be' as'effective as if given by or to said party.
W. PRORATIONS .AND INSURANCE. :T...;alr(OC: ::IOC:~OH"""g""H r"""'''' :oqlgrrn, if/'[~r8R88 BRS ~HJ.l. L..,..._ .3.l.1 lI."j . ......."........ ....r "t.~ p........OWI "y ,:)ol,all Gc .1:!!..lLUlJ.a.U........e'- a8'te
of closing. Buyer shaH have the option 01 taking over any existing policies of insurance on h P ~.....ltbh"TrrwrlTcn event premiums shal', be ororated.
The cash at closing ~~.all be ~ns_r~jt_sed ..or-----decrease , y sal prorations. -.AII references in Contract to prorations as of date of closin~ will be
deemed "'ri'::n'~-::Q:f, Qe.e:uD8tn:v- 11 occuoanc.v oc:c".H$---Orjor--to---t:~as.inliJ - unlpc,-=. ()th~r~~icA C'J'^ujrl.c.n1for ~1Halr-.
X. CONVE Y ANCE: Seller shall convey title to the Property by statutory warranty deed subject only to matters contained in Paragraph VI r hereof and thOle other
wise accepted by Buyer, Personal property shall.. at the reauest of Buyer, be conveyed bvan absolute bill of sale with warranty 01 title, subject to such liens as may
be otherwise provid.ed for herein, .. . ~_
Y. OTHER AGREEMENTS: No prior 0:' prese,.,~ agre~ments 0(. representations-sh'a!l be bin.ding ,u DO 1"'. al1y of the parties hereto unless (nc'orporated in thiS Contf"act
No modificatIon or change in thiS Contract mall De valla or bindlllg upon the parties unless. In writing.. p.Aec...ted bV the parties to be bound thereby_
'~
I
I
ADDENDUM TO CONTRACT FOR SALE AND
PURCHASE BETWEEN COOPER'S POINT PARTNERS, LTD.,
AS SELLER, AND CITY OF CLEARWATER, FLORIDA, AND
PINELLAS COUNTY, FLORIDA, AS BUYER
1. Expenses. Notwithstanding any provision hereof to the
contrary, all closing costs, including, without limitation@'h
title insurance premium for the owner's policy, docume t
stamps to be affixed to the warranty deed and the cosE ~
. ELLER .
recordlng the deed, shall be shared equally by nuyer and the lty~
of Clearwater, Florida each paying 50 percent (50%) of the total
costs.
2. Tax Proration. After the Property is conveyed to Buyer,
1988 real property taxes will be abated. Taxes shall be prorated
at Closing with Seller giving Buyer credit for taxes from January
1, 1988 through the date of Closing. Seller and Buyer shall
enter into a Tax Reproration Agreement, wherein Seller will agree
to pay Buyer, following receipt of notice and a copy of the 1988
tax bill, the amount by which the tax bill, taking into
consideration the maximum allowable discount, exceeds the
prorated amount and Seller shall agree to reimburse Buyer in the
event such taxes are less than the prorated amount.
3. Brokerage Commission. No brokers have been involved in this
transaction. Seller and Buyer hereby agree that if any claims
for brokerage commissions or fees are ever made in connection
with this transaction, all such claims shall be handled and paid
by the party whose actions or alleged commitments form the basis
of such claim and each party further agrees to indemnify and hold
harmless the other from and against any such claims or demands
for brokerage commissions. This provision shall survive the
Closing.
4. Submerged Lands. Seller hereby agrees to convey to Buyer,
by quit claim deed, title to the submerged lands described on
Exhibit "B" attached hereto and made a part hereof ("Submerged
Lands") . Seller makes no warranty concerning title to the
Submerged Lands and the Submerged Lands will not be insured by
the title insurance policy.
5. Title Insurance. The title insurance commitment and policy
described in paragraph IV of the Contract will be written by
Commonwealth Land Title Insurance Company.
6. Title. The City of Clearwater, Florida, a municipal
corporation, and Pinellas County, Florida, a political
subdivision of the State of Florida, shall take title to the
Property as tenants in common, with the City receiving an
undivided 1/3rd interest in the Property and the County receiving
an undivided 2/3rds interest in the Property.
7. Conveyance. This Contract is contingent upon Seller
providing, prior to closing, evidence satisfactory to both the
City and County that there is adequate, legal access to the real
property described in Exhibit "A." Said access shall be over and
across the Ingress/Egress Easement described in Exhibit "A,"
provided Seller can show evidence that said Easement provides
satisfactory access to the real property, or such other access as
may be mutually acceptable to the City and County. The title
insurance commitment and owner' s title pol icy required by this
Contract shall describe the access to the property and shall
affirmatively insure said access to the satisfaction of the City
and County. Failure of the title commitment to describe and
affirmatively insure access to the satisfaction of the City and
'co
I
I
County shall constitute a title defect under Paragraph A of the
Standards for Real Estate Transactions.
WITNESSES:
SELLER:
~.d2~L.
COOPER'S POINT PARTNERS, LTD.,
a Florida limited partnersl!,j:p,
By: Sembler Equities", _i'-nt:.., -"
a Florida corpo.i~tj~~,
Its General paffb1~ -:-:- _..:.:. .'
:: -~':~"-~', : -,' '.
~. -' .' -- -".
:: ~:'- ~ -i."--
By: / -. _~,..._-~ '_~ ~ -.- :j
/ ry;, Se{hbhi::r . .,' -
Pres id,Eri!,t'",. ___ ..' ,:."
BUYER:
4 'U.: Z. ~ c
~1'~A.A~b~
CITY OF CLEARWATER, FLORIDA,
a municipal corporation
caJ~'~7i: ~,
~~
PINELLAS COUNTY, FLORIDA,
a political subdivision of
th ate f Fl i a
ATTEST: KARLEE~ F~ER, CLERK
By: iJ ~ ~
. ,. ----------"'-
Deputy Clerk
1:ME:JES212788
021788
APPROVED AS TO FORM
;FFI~:~~
Attorney
-2-
"
'.
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PARCEL NO. 1
..
Government Lot 4, Section 10, To~vnship 29 South, Range 16 East; that part of the
Southeast 1/4 of the Southeast 1/4 of Section 9, Township 29 South, Range 16 East, which
is Southeasterly of the mean high water line abutting llayshore Boulevard,
AND
Government Lot 1, Section 15, Township 29 South, Range 16 East, less that ~art South
of an Easterly projection of the North line of Government Lot 4 in Section 16,
Totvnship 29 South, Range-16 East, which proj~ction is extended to the deep yater
ch~nnel in Tampa Bay;
All the above being in Pinellas County, Florida.
PARCEL NO. 2
Government Lot 3, Section 10, To~>nship 29 South, Range 16 East, Pinellas \:ounty,
Florida. , .
PARCEL NOS. 1 AND 2 MAY ALSO BE DESCRIBED AS FOLLOWS:
A parct"l of land 10cBted 1n Sectiona 9, 10, and' t':S;',TovrU.hiP.' 29....SO\.ith,.;:;:
Range 16 East, Pinellas County, F'lorida, being M':lre part1cuhriY:::d~l!cr~~.-d.if.
follo\lo: :.: . ',' ':.i :;-'
. .- .!
Be-gin at t:he SoutheaBt corner of Baid Section 9; Run thonclP ".'"
. J"
H.89.29'53-~., along the South boundary of Baid'Section 9, a diBtanc~ of :,~
,--:.
1316.80 feet to the SouthveBt corner of the Southeast 1/4 of th~ Southeast l/~
of aaid Section 9; .thence H.00.00'59.~.. along ~he West boundary of the
Southeast 1/~ ~f ~he ~0~the8st 1/4 of said Section 9'to a point on the Mean
hig~'vot~r Ilne.of Cooper's Bayou adjacent to Bayshore Boulevard; thence
Northeasterly along the mean high vater line of' said Cooper'a Dayou to a point
on 'fh'e Horth boundary of the Southeast: 1/4 of ~h~.. 5outhQaot. 1/4 of said
Section 9; then~e S.8~.27'02-E.. along th~ Hort~ boundary of the Southeast 1/4
of the Southeas~ 1/~ ~f aaid Section 9 to the Kortheast corner of the'
Southeast, 1/4 oLf t,he Southeast 1/4 of said Section 9, aleo being the Southvest
~or~~r of Gover~ment Lot 3 of said Sect~on 10; thence H.00.Ol'56-E., along the
West boundary of said Government Lot 3, a dietance of 1329.40 feet to the
Horthvest corner of Government Lot 3 of said Section 10; thence East along the
Horth boundary of aaid Government Lot 3 to a po~nt on the mean high \later line
on the Horth\lesterly shor.e of Cooper's Point on Cooper's Bayou; thence'
~ontlnue along the Horth boundary of said Government Lot 3 toa point on the
mean hlgh vater line on the Hortheasterly shore of Cooper's'Point on Old TaDpa
Bay; thence Sou~herly along t~e mean high vater line of sa~d Old la~pa Bay to
a po~nt on the Easterly proJect~on of the Horth boundary of Govern~ent Lot 4
of Sect loon 16. Tovnship 29 South, Range 16 East, Pinellas County,. F'lorlda;
thenc~ ~.89.32'08"W., along the Horth boundary of the projection of sald
Government Lot 4, to a pOlnt on the ~est boundary of sald Section 15; thence
H.OO.Ol'J8"E., along the West boundary of said Section 15 a distance of
IJ~0.27 feet to the POlnt of Beginning.
(the "Property")
AND
Easement for ingress and egress to Parcel 1 as established by the
instrument recorded in O.R. Book 3164, Page 342 and the amendment
thereto recorded in O.R. Book 5952, Page 99 of the Public Records
of Pinellas County, Florida ("Ingress/Egress Easement").
EXHIBIT "A"
, .y
1
. -.
.:" .
cI
(I
All the right, title, interest, claim and demand which Seller
has in and to the ditch and ditch rights, reservoir and reser-
voir rights, stock and other interest in irrigation or ditch
companies, and all water and water rights including all sub-
merged lands under the waters ,of Tampa Bay whatsoever which.
Seller may own, hold or be entitled to in the following Sectlons,
situate, l!ying and being j..n the County of Pinellas, State of
Florida, to wit:
South 1/2 of the North 1/2 of Section 10, Township
29 South, Range 16 East;
South 1/2 of Section 10, Township 29 South, Range 16
East;
North 1/2 of the North 1/2 of Section 15, Township
29 South, Range 16 East; and
That part of the Southeast 1/4 of the Southeast 1/4
of Section 9, Township 29 South, Range 16 East;
which is Southeasterly of the mean high water line
abutting Bayshore Boulevard.
;, EXHIBIT "B"
~~&,
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4
,." ~,. '-'-:-l~~':'-.
I
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u.!. COMMONWEALTH lAND
TITLE INSURANCE COMPANY
A Reliance Group Holdings Company
~,
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POLICY NUMBER
107- 376480
OWNER'S POLICY OF TITLE INSURANCE
SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS CONTv\INED IN SCHEDULE B AND THE
PROVISIONS OF THE CONDITIONS AND STIPULATIONS HEREOF, COMMONWEALTH LAND TITLE INSURANCE
COMPANY, a Pennsylvania 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, and cost, attorneys' fees and expenses
which the Company may become obligated to pay hereunder, sustained or incurred by the insured by reason of:
1. Title to the estate or interest described in Schedule A being vested otherwise than as stated therein;
2. Any defect in or lien or encumbrance on such title;
3. Lack of a right of access to and from the land; or
4. Unmarketability of such title.
IN WITNESS WHEREOF, the Commonwealth Land Title Insurance Company has caused its corporate name and seal to be
hereunto affixed by its duly authorized officers, the Policy to become valid when countersigned by an authorized officer or
agent of the Company.
~\\1'!LE4
"~"'".." 's;"'~
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COMMONWEALTH LAND TITLE INSURANCE COMPANY
Att~lr;Nr:l BY~~~,..
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy:
I. (a) Governmental police power.
(b) Any law, ordinance or governmental regulation relating to environmental protection,
(c) Any law, ordinance or governmental regulation (including but not limited to building and zoning ordinances)
restricting or regulating or prohibiting the occupancy, use or enjoyment of the land, or regulating the character.
dimensions or location of any improvement now or hereafter erected on the land, or prohibiting a separation in
ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part.
(d) The effect of any violation of the matters excluded under (a), (b) or (c) above, unless notice of a defect, lien or
encumbrance resulting from a violation has been recorded at Date of Policy in those records in which under state
statutes deeds, mortgages, lis pendens, liens or other title encumbrances must be recorded in order to impart constructive
notice to purchasers of the land for value and without knowledge; provided, however, that without limitation, such
records shall not be construed to include records in any of the. offices of federal, state or local environmental protection.
zoning, building, health or public safety authorities.
2. Rights of eminent domain unless notice of the exercise of such rights appears in the public records at Date of Policy.
3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed or agreed to by the insured
claimant; (b) not known to the Company and not shown by the public records but known to the insured claimant either
at Date of Policy or at the date such claimant acquired an estate or interest insured by this policy and not disclosed in
writing by the insured claimant to the Company prior to the date such insured claimant became an insured hereunder;
(c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy; (e)
resulting in loss or damage which would not have been sustained if the insured claimant had value for the estate or
interest insured by this policy.
NM 1
PA 10 American Land Title Association Owner's Policy - 1970 - Fonn B (Rev. 10-17-70 and 10-17-84)
Fonn 1005-22 Faa: Page
Valid Only If Schedules A, B and Cover Are Attached
hSlIed with Policy No. N/A I
.!
I
Policy No.107-376480
Effective Date:
.. !..
SCIIEDULE A
3/10/88 at 5:43 P.M.
File Number
88-1006 (19326.006420)
Amount of Insurance: $ 1, 950, 000 .00
1. Name of Insured:
CITY OF CLEARWATER, FLORIDA, A MUNICIPAL CORPORATION, AS TO AN
UNDIVIDED ONE-THIRD (1/3rd) INTEREST, AND PINELLAS COUNTY,
FLORIDA, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA, AS TO
AN UNDIVIDED TWO-THIRDS (2/3rds) INTEREST, AS TENANTS IN COMMON
2. The estate or interest in the land described herein and which is covered by this policy is a fee simple (if other, specify same)
and is at the effective date hereof vested in the named insured as shown by instrument recorded in Official Records Book
6698 , Page 72 , of the Public Records
of Pinellas County, Florida., and Easement recorded in O. R.
Book 6698, Page 76, Public Records of Pinellas County, Florida.
3. The land referred to in this policy is described as follows:
SEE SCHEDULE A CONTINUED FOR LEGAL DESCRIPTION
JOHNSON,
Countersigned~
rw
American Land Title Association Owner's Policy - Form A
Form 1021-11 Schedule A
~ I
,a ,.,
It COMMONWEALTH LAND
TITLE INSURANCE COt:1PANY
A Reliance Group Holdirlgs Company
File No. 88-1006
SCHEDULE A
Policy No. 107-376480
LEGAL DESCRIPTION:
l'^]tCEt NO.1
..
Covcrncent Lot ~, Section 10, Tovnahip 29 South, Ranco 16 E~lti th~t part ot t~Q
:outhC:15t 1/4 of the Southea:!t 1/4 of Section 9, TO\lt\Gltip 29 South, n~nce 16 ~5t, uhich
:l.S SouthcOlstcrly of !:ho lr4an hiCh water line abuttinc D~Ylhore Boulevard,
MID
Cover~ent Lot 1, Section 1S, ;ovnship 29 South, Range 16 Ealt, leiS that vart South
of Oln EOlstcrly projection of the North line of Cover~ent Lot 4 in Section 16,
T~lmship 29 South, Ranae'16 East, which projection is extended to tho deep wOlter
ch~nnel in LilapOl DOlYi .
All the above beinG in Pinellaa County, Florida.
P.\RC!L NO. 2
Cove:r~ent tot 3, Section JO, TO~~lhlp 29 South. Range 16 Ealt, Pinella. ~ount1.
Flor::.dil. .' . ' .
P~~CEL NOS. 1 AND 2 HAY. ALSO BE DESCRIBED AS' FOLLOWS I
.\ parcrl ot. lond 10cIlted In Section.~; 10, and '1:5. ;ToYl\.lhlp :'J .Soutb,
R~n~e 16 (~.t, P1nell:1a County. Florida. brIng -ore partIcularly d..crlb~ aJ
!cllovo I .
0.91n wt'(ho South.aat corner ot .a1d Segtlon 9. Run thence
H.Og-2g.5J-V.. along tho South boundary o! .ald.S.ction ~, a dIatanci ot
IJ16.80 teet to th~ Southw~.t corn~r ot tb. Southe.at 1/. of th. South...t 1/4
of aaid Section ~J .th~nc. H.OO'OO'S9'~. along ~he V..t bound.ry ot lhe
Southcaat 1/4 oC'\he ~o~the.at 1/4 o! oaLd SectLon "lo a point on lha .e.n
h1.lJ:; 'va te:r lino' ,at Cooper' a O.you adjacent. to layahor. Boulavard. thance
I!orth..aaterly a10n9 the -ran high vater l1n.. ot' oaieS Cooper's aayou to . point
on 't'lle Ilorth boundlu'y of thr SouUollat.a/. ot th.. Sou tlUtllDt' 114 oJ. .ald
Scc;~on 9. thcnFe s.e~'27'02'&., along U; Hort~ boundary of the South...t 1/4
of the Southeaat 1/< ~t aaid Section 9 to the Korlheaat corner ol the.
Soulhc.~t :/4 ~ t.ho Soulh..st 1/4 ot ..ld Sact.ion ~, alao being the Southw..t
cor~'cr at Go"er!llaent Lot J of. ..id Sectlon 10, t.henccr Jr. OO.Ol':lS'E., along lh.
V..al boundari at .aid covorn..nt Lot J, . d1ata~ce oJ. 1~2'_40 ta.t to th. .
J(orth....lIl corner at Govarn..nt Lot ~ of aaJ.d SrctIon 10, t.hane. Ea.t along th.
Jlarth boundary ot aald Govarn.rnt Lot. J to a po~nt. on the ...n hl0h yat.r I1n.
on the Horthvaaterly ahor.e o! Cooper'o POlnt on. Cooper'. aayou, lhrnce .
r.cntlnue alonq tho /lorth boundary ot .ald Oovern..nt Lot J t.o'a poLnt on tho
oo~n hlqh V:1tar I1no on tho HortheaaterJ.y shore of. Cooper'o'Paint an Old Ta.p.
U~y; th~nc~ Soulhoriy .10n9 t~. ...n h19h yater I1na of aald Old 1..p~ Bay to
a POl-At on.th. r.ator1y proJeCtlon ot the Horth boundary ot Oovern..nt Lot.
o! Soeuon 16, Tovnohip 29 Sauth. Rang. 16 Eut, Plnol18. County., Flonda.
the-neg 1l,6~':!:!'08''''" dong tho Horth' boundary ot lh. proj8oUo/\ of 8ud
CovornAont Lot (. to . pOlnt on lh. Ve.t boundary ot a.ld Sectlan l~. th.nc.
U,CO-Ol':!O'E., a10n9 the Vaat boundary ot .ald Soat10n 1:1 a di.tanc8 of
lJ:~,27 t~.t to the POlnt ot Bog1nn1ng.
(tho "Property")
TOGETHER WlTH Easement for ingress and egress more fully
described in O.R. Book 6698, Page 76, Public Records of
Pine11as County, Florida. Attached hereto.
FORM 2002 (Continuation)
I
I
SCHEDlUE B '(
File Number 88-1006
Policy No. 107-376480
This policy does not insure against loss or damage by reason of the following exceptions:
1. Taxes for the year of the effective date of this policy and taxes or special assessments which are not shown as existing liens by
~ublic records.
2.CJK.m:>>~}QK~XioXlX~tX~XlJII~~~)1JXX~X
3. Encroachments, overlaps, boundary line disputes, and any other matters which would be disclosed by an accurate survey and
inspection of the premises.
4J1asements or claims of easements not shown by the public records.
5 ~~~KX~~U~~~~~*Kl1"lHcKMXIlCrXKNmK1KMM~~~X~Xi){
lfIX~~*~iID{
6. The nature and extent, if any, of riparian rights, reliction, dereliction,
accretion or title to submerged or filled in land are not insured.
7. The property herein described being artificially filled in land in
what was formerly navigable waters, it is subject to any and all
rights of the United States Government arising by reasons of the
United States Government control over navigable waters in the
interest of navigation and commerce.
8. Subject to the rights of others over Easement described in O.R.
Book 6698, Page 76, Public Records of Pinellas County, Florida.
Schedule B of this Policy consists of
1
Pages
American Land Title Association Owner's Policy
Schedule B
Form 1021-12 (3-86)
I CO;\DlTIO;\,S AND STIP'ULATIONS I
1. DEFINITION OF TERMS
The following terms when used in this policy mean:
(a) "insured": the insured named in Schedule A, and, subject
to any rights or defenses the Company may have had against the
named insured, those who succeed to the interest of such insured by
operation of law as distinguished from purchase including, but not
limited to, heirs, distributees, devisees, survivors, personal represen-
tatives, next of kin, or corporate or fiduciary successors,
(ll) "insured claimant": an insured claiming loss or damage
hereunder.
(c) "knowlcd!!e", actual knowledge, not constructive knowledge
or notice which may be imputed to an insured by reason of any
public records,
(d) "'and": the land described, specifically or by reference in
Schedule A, and improvements affixed thereto which by law constitute
real properly; provided, however, the term "land" does not include
any property beyond the lines of the area speeificallv described or
referr.:d to in Schedule A, nor any right, title, interest, estate or
easement in abulIing streets. roads, avenues, alleys, lanes, ways or
waterways. but nothing herein shall modify or limit the extent to
which a right of access to and from the land is insured by this policy.
(e) "mortgage": mortgage, deed of trust, trust deed, or other
security instrument.
(f) "public records": those records which by law impart con-
structive notice of matters relating to said land,
2. CONTINUATION OF INSURANCE AFTER CONVEYANCE
OF TITLE
The coverage of this policy shall continue in force as of Date
of Policy in favor of an insured so long as such insured retains an
estate or interest in the land, or holds an indebtedness secured by a
purchase money mortgage given by a purchaser from such insured,
or so long as such insured shall have liability by reason of covenants
of warranty made by such insured in any transfer or conveyance
of such ~slate or .interest: provided, however. this policy shall not
contmue m force m favor of any purchaser from such insured of
either said estate or interest or the indebtedness secured by a pur-
chase money mortgage given to such insured.
3. DEFENSE AND PROSECUTION OF ACTIONS - NOTICE OF
CLAIM TO BE GIVEN BY AN INSURED CLAIMANT
(a) The Company, at its own cost and without undue delay, shall
provide for the defense of an insured in all litigation consisting of
actions or proceedings commenced against such insured, or a defense
interposed against an insured in an action to enforce a contract for
a sale of the estate or interest in said land, to the extent that such
litigation is founded upon an alleged defect, lien, encumbrance, or
olher matter insured against by this policy.
(b) The insured shall notify the Company promptly in writing
(i) in case any action or proceeding is begun or defense is inter-
posed as set fonh in (a) above, (ii) in case knowledge shall come
to an insured hereunder of any claim of title or interest which is ad-
verse to the title to the estate or interest, as insllred, and which might
cause loss or damage for which the Company may be liable by
virtue of this policy, or (iii) if title to the estate or interest, as
insured, is rejected as unmarketable. If such prompt notice shall
not be given to the Company, then as to such insured all liability of
the Company shall cease and terminate in regard 10 the matter or
maller~ for which such prompt notice is required; provided, however,
that faIlure to notify shall in no case prejudice the rights of any such
insured under this policy unless the Company shall be prejudiced
by such failure and then only to the extent of such prejudice.
..
~
(c) The Company shall have the right at its own cost to institute
and without undue delay prosecute any action or proceeding or to do
any other act which in its opinion may be necessary or desirable to
establish the title to the estate or interest as insured, and the Company
may take any appropriate action under the terms of this policy,
whether or not it shall be liable thereunder, and shall not thereby
concede liability or waive any provision of this policy,
(d) Whenever the Company shall have brought any action or
interposed a defense as required or permitted by the provisions of this
policy, the Company may pursue any such Iiligation to final deter-
mination by a court of competent jurisdiction and expressly reserves
the right, in its sole discretion, to appeal from any adverse judg-
ment or order.
(e) In all cases where this policy permits or requires the Com-
pany to prosecute or provide for the defense of any adion or pro-
ceeding, the insured hereunder shall secure to the Company the right
to so prosecute or provide defense in sueh action or proceeding. and
all appeals therein, and permit the Company to use, at its option. the
name of such insured for such purpose, Whenever requested hy
the Company, such insured shall give the Company all reasonable
aid in any such action or proceeding, in effecting settlement, securing
evidence, obtaining witnesses, or prosecuting or defending such action
or proceeding, and the Company shall reimburse such insured for any
expense so incurred.
4. NOTICE OF LOSS - LIMITATION OF ACTION
In addition to the notices required under paragraph 3 (b) of these
Conditions and Stipulations, a statement in writing of any loss or
damage for which it is claimed the Company is liable under this
policy shall be furnished to the Company within 90 days after sllch
loss or damage shall have been determined and no right of <tclion
shall accrue to an insured claimant until 30 days after such statement
shall have been furnished, Failure to furnish such statement of loss
or damage shall terminate any liability of the Company under this
policy as to such loss or damage.
5. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS
The Company shall have the option to payor otherwise sellle
for or in the name of an insured claimant any claim insured against
or to terminate all liability and obligations of the Company hereunder
by paying or tendering payment of the amount of insurance under
this policy together with any costs, allorneys' fees and expenses in-
curred up to the time of such payment or tender of payment, by the
insured claimant and authorized by the Company.
6. DETERMINATION AND PAYMENT OF LOSS
(a) The liability of the Company under this policy shall in no
case exceed the least of:
( i) the actual loss of the insured claimant; or
(ii) the amount of insurance stated in Schedule A.
(b) The Company will pay, in addition to any loss insured
against by this policy, all costs imposed upon an insured in litigation
carried on by the Company for such insured, and all costs. allorneys'
fees and expenses in litigation carried on by such insured with the
wrillen authorization of the Company_
(c) When liability has been definitely fixed in accordance with
the conditions of this policy, the loss or damage shall be payable
within 30 days thereafter.
Conditions and Stipulations Continued Inside Cover
B t005-7
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(Continued)
CONDITIONS AND STIPULATIONS
7. LIMITATION OF LIABILITY
No claim shall arise or be maintainable under this policy (a) if the
Company, after having received notice of an alleged defect, lien or
encumhrance insured against hereunder, by litigation or otherwise, removes
such defect. lien or encumbrance or establishes the title, as insured, within
a reasonaole time after receipt of such notice; (0) in the event of litigation
until there has been a linal determination by a court of competent
jurisdiction. and disposition of all appeals therefrom, adverse to the title, as
insured, as provided in paragraph 3 hereof; or (c) for liability voluntarily
assumed hy an insured in seHling any claim or suit without prior written
consent of the Company.
8. REDUCTION OF LIABILITY
All payments under this policy, except payments made for costs,
aHomeys' fees and expenses, shall reduce the amount of the insurance pro
tanto. No payment shall be made without producing this policy for
endorsement of such payment unless the policy be lost or destroyed, in
which case proof of such loss or destruction shall be furnished to the
satisfaction of the Company,
9. LIABILITY NONCUMULATIVE
It is expressly understood that the amount of insurdnce under this
policy shall he reduced by any amount the Company may pay under any
policy insuring either (a) a mortgage shown or referred to in Schedule B
hereof which is a lien on the estate or interest covered by this policy, or (b)
a mortgage hereafter executed by an insured which is a charge or lien on
the estate or interest described or referred to in Schedule A, and the
amount so paid shall be deemed a payment under this policy. The
Company shall have the option to apply to the payment of any such
mortgages any amount that otherwise would be payable hereunder to the
insured owner of the estate or interest covered by this policy and the
amount so paid shall be deemed a payment under this policy to said
insured owner.
10. APPORTIONMENT
If the land described in Schedule A consists of two or more parcels
which are not used as a single site, and a loss is established affecting one or
more of said parcels but not al!, 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 such
parcel by the Company and the insured at the time of the issuance of this
policy and shown by an express statement herein or by an endorsement
attached hereto.
11. SUBROGATION UPON PAYMENT OR SETTLEMENT
Whenever the Company shall have setlled a claim under this policy,
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 remedies which such insured claimant would have had
against any person or property in respect to such claim had this policy not
been issued, and if requested by the Company, such insured claimant shall
transfer to the Company all rights and remedies against any person or
property necessary in order to perfect such right of subrogation and shall
permit the Company to use the name of such insured claimant in any
transaction or litigation involving sueh rights or remedies. If the payment
does not cover the loss of such insured claimant, the Company shall be
subrogated to such rights and remedies in the proportion which said
payment bears to the amount of said loss. If loss should result from any
act of such insured claimant, such act shall not void this policy, but the
Company, in that event, shall be required to pay only that part of any
losses insured against hereunder which shall exceed the amount. if any, lost
to the Company by reason of the impairment of the right of subrogation.
n. LIABILITY LIMITED TO THIS POLICY
This instrument together with all endorsements and other
instruments, if any, attached hereto by the Company is the entire policy
and contract between the insured and the Company,
Any claim of loss or damage, whether or not based on negligence,
and which arises out of the status of the title to the estate or interest
covered hereby or any action asserting such claim, shall be restricted to the
provisions and conditions and stipulations of this policy,
No amendement of or endorsement to this p.olicy can be made
except by 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.
13. NOTICES, WHERE SENT
All notices required to be given the Company and any statement in
writing required to be furnished the Company shall be addressed to
Commonwealth Land Title Insurance Company, Eight Penn Center,
Philadelphia, Pennsylvania 19103,
PAlO NM I
American Land Title Association Owner's Policy - 1970. Fonn B (Rev. 10-17-70 and 10-17-84)
Cover Page
Fonn 1005-X
Valid Only If Schedules A and B Are Attached
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P. O. Box .Jvd
C1~arwater, Florida
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34617-1368
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EASEMENT DEED
A-
This Easement Deed is executed this 2- day of March, 1988,
by CLEARWATER CHRISTIAN COLLEGE PRIVATE SCHOOLS, INC., a
corporation not for profit existing under the laws of the State
of Florida, also known as Clearwater Christian Private Schools,
Inc., and Clearwater Christian College, Inc. and formerly known
as Conservative Christian Private Schools, Inc., as "Grantor," to
;:
':~ ~ ~ the CITY OF CLEARWATER, FLORIDA, a municipal corporation, whose
,-.':; .::
.~ ~ . post office address is P.O. Box 4748, Clearwater, Florida,
_' . iI
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. d , and PINELLAS COUNTY, FLORIDA, a political subdivision
. .'
~ ~Si. State of Florida, whose post office address is 315 Court Street,
~~} Clearwater, Florida 34616, Attention: General Services, as
\~ tenants in common, collectively referred to herein as "Grantee."
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34618,
of the
WITNESSETH, that said Grantor, for and in consideration of
the sum of Ten Dollars ($10.00), in hand paid by the said
Grantee, the receipt of which is hereby acknowledged, does hereby
grant and convey to the said Grantee a nonexclusive easement for
free and unfettered ingress and egress over, under and across the
following described land, lying and being situate in the County
of Pinellas, State of Florida, to wit:
SEE EXHIBIT A
1~ 1'198'1184 H
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lil
TOTAL
TO HAVE AND TO HOLD the same, together with all and singular
the appurtenances thereunto belonging or in anywise appertaining,
and the said Grantee shall have the right to enter upon the
above-described premises and to construct, install and maintain
thereon right-of-way improvements and to inspect, maintain and
alter such improvements from time to time.
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IN WITNESS WHEREOF, the said Grantor has caused this
t;).~" ~ +'h' Co 11'(..<1: - ,J....e ~,-.I..... T- .~J..6 J~ c.,C .c: .
instrument to be signed in its name by the^P%'es-.iderrt, and~ its
corporate seal to be affixed, and 3.ttcsted by it::;---S'oGl::etaq, the
day and year above written. 7Yi~/:/<,:,<~':.
CLEARWATER CHRISTIAN COLLEGE
PRIVATE SCHOOLS, INC., also
known as Clearwater Christian
Private Schools, Inc., and
Clearwater Christian College,
Inc., and formerly known as
Conservative Christian Private
'. ._---
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/' James,.W~:. I3auman,.,p--~oieknt
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(CORP..ORAT"E SEAL) '~M.I....-c'<-
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delivered in presence of:
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This instrument prepared by:
M. A. Galbraith, Jr., Esquire
City Attorney
P. O. Box 4748
Clearwater, Florida 34618
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Attachment to 'CLTICpwi)er{!?,~'Policy 107-376480
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STATE OF FLORIDA
COUNTY OF PINELLAS
BEFORE ME the undersigned authority personally appeared
(,<,1,'" \\v'''-vlc,'-t'rul/l(I''.r .f...r,
James W. Bauman, as Fresident of 'Clearwater Christian
College Private Schools, Inc., a Florida corporation not for
profit, also known as Clearwater Christian Private Schools,
Inc., and Clearwater Christian College, Inc., and formerly
known as Conservative Christian Private Schools, Inc., to me
known to be the person described in and who executed the
foregoing instrument and severally acknowledged the
execution thereof to be his free act and deed as such
officer, for the uses and purposes therein mentioned; and
that he affixed t'hereto the official seal of said
corporation, and the said instrument is the act and deed of
said corporation.
WITNESS my hand and official
Pineli:s County, Florida, this 1
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JH:''''~;;'!/:''' ,;I NO,!a$Y Public
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seal at Clearwater,
day of March, 1988.
!!O:'!:Jr.J Hii:U !;:::~~;l.~L INS. u;.;o.
SUBORDINATION OF MORTGAGE TO EASEMENT
JI',
The undersigned owner and holder of a promissory note
secured by a mortgage recorded in O.R. Book 6540, Page 1975
of the Public Records of Pinellas County, Florida,
encumbering the real property described in the foregoing
easement as Exhibit" A", hereby subordinates the lien of
said mortgage to the use rights of Grantee described in the
foregoing easement.
WITNESSES:
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SOVEREIGN SAVINGS BANK, a
savings bank organized and
existing under the laws of
the State'of Florida
(CORPORATE SEAL)
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Kremer, preside~E'_,~<~,:":?" ,..
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Paul W.
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STATE OF FLORIDA
COUNTY OF PINELLAS
BEFORE ME the undersigned authority personally appeared
Paul W. Kremer, President of SOVEREIGN SAVINGS BANK, a
savings bank organized and existing under the laws of the
State of Florida, to me known to be the person described in
and who executed the foregoing instrument and he
acknowledged the execution thereof to be his free act and
deed as such officer, for the uses and purposes therein
mentioned; and that he affixed thereto the official seal of
said corporation, and the said instrument is the act and
deed of said corporation.
WITNESS my hand and official seal at Clearwater,
Pinellas County, Florida, this 1/~ day of March, 1988.
-~~.?I~~/.A~'..L
Notary Public
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CLOSING STATEMENT
SELLER:
COOPER'S POINT PARTNERS, LTD., a Florida limited
partnership
BUYER:
CITY OF CLEARWATER, FLORIDA, a municipal
corporation, as to an undivided 1/3 interest; AND
PINELLAS COUNTY, FLORIDA, a political subdivision
of the State of Florida
PROPERTY:
Government Lots 1, 3 and 4, Section 10, Township
29 South, Range 16 East, Pinellas County, Florida
DATE:
March 10, 1988
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
SELLER:
PURCHASE PRICE
$1,950,000.00
LESS:
Escrow Payment to Tax Collector for 1988
Real Estate Taxes 1/1/88 - 3/10/88
83.49)
467.43)
Payment of 1987 Real Estate Taxes
Seller's Share of Closing Costs
7,888.55)
AMOUNT DUE SELLER
$1,941,560.53
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
BUYER:
PURCHASE PRICE
$1,950,000.00
Buyer's Share of Closing Costs
7,888.55
AMOUNT DUE FROM BUYER
$1,957,888.55
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
CLOSING COSTS:
Owner's Title Insurance Policy
Documentary Stamps on Warranty Deed
5,015.00
10,725.00
.55
.55
10.50
10.50
15.00
$ 15,777.10
Documentary Stamps on Quit Claim Deed
Documentary Stamps on Easement Deed
Recording Warranty Deed
Recording Quit Claim Deed from Seller
Recording Easement Deed from College
TOTAL
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ACCEPTED AND AGREED:
SELLER:
COOPER'S POINT PARTNERS, LTD.
u Florida limited partnership,
By: SEMBLER EQUITIES, INC.,
a Florida corporation,
its General Paitner
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,''::' :~:. -.<'.,Ait:egor S. Semb1er
::- -.::-: ~:': ~~ce President
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BUYER:
CITY OF CLEARWATER, FLORIDA,
a municipal corR ration
By:
~
PINELLAS COUNTY, FLORIDA,
a political subdivision of
State of Florida
By: ? ~~~
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AFFIDAVIT PURSUANT TO SECTION 286.23, FLORIDA STATUTES
STATE OF FLORIDA )
COUNTY OF PINELLAS )
BEFORE ME, the undersigned authority, personally appeared
Gregory S. Sembler, as Vice President of Sembler Equities, Inc.,
a Florida corporation, General Partner of COOPER'S POINT
PARTNERS, LTD., a Florida limited partnership (the "Partnership")
who, after being duly sworn, deposes and says:
1. This Affidavit is given in accordance with the
provisions of Section 286.23, Florida Statutes (1987), in
connection with the Partnership's sale of the property described
on Exhibit "A" attached (the "Property") to the City of
Clearwater, Florida, and Pinellas County, Florida.
2. The Partnership is the sole owner of the Property and
the following is a list of all those having a beneficial interest
in the Partnership.
General Partner:
Sembler Equities, Inc.,
a Florida corporation
5959 Central Avenue
St. Petersburg, FL 33707
The following is the sole shareholder of Sembler Equities, Inc.:
Melvin F. Sembler
10324 Paradise Boulevard
Treasure Island, FL 33706
Limited Partners:
Sembler Family Partnership 15, Ltd.,
a Florida limited partnership
5959 Central Avenue
St. Petersburg, FL 33707
The following are the partners of Sembler Family Partnership #5,
Ltd. :
General Partner:
Sembler Equities, Inc.
5959 Central Avenue
St. Petersburg, FL 33707
Limited Partners:.
Melvin F. Sembler
10324 Paradise Boulevard
Treasure Island, FL 33706
Betty S. Sembler
10324 Paradise Boulevard
Treasure Island, FL 33706
Martin Steven Sembler
5305 Burning Tree Drive
Seminole, FL 33543
Brent Wolfe Sembler
10480 Longwood Drive, No.
Largo, FL 34640
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Gregory Sembler
7650 Bayshore Drive, Apt. 702B
Treasure Island, FL 33706
Craig Sher
9055 Baywood Park Drive
Seminole, FL 33543
Michael W. Kentorl
1206 San Domingo Court
Clearwater, FL 33519
Jarrell L. Murchison
3325 San Bernadino Street
Clearwater, FL 33519
3. This Affidavit is made with full understanding of all
laws appertaining to affidavits in the State of Florida, and full
faith and credit may be given hereto.
COOPER'S POINT PARTNERS, LTD.,
a Florida limited partnership
By: Sembler Equities, Inc., a
Florida corporation, its
General Partner .
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Sworn to, subscribed and
:acknowledged this ~ day
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PARCEL NO. 1
.'
Govcr:1!Jent Lot 4. Section 10. Tot-mship 29 South. Range 16 E:lst; thOlt part of tr.c
SouchC<1st 1/4 of thCl Southeast 1/4 of Section 9. Towns~ip 29 SOllch, no:lnb~ 16 East. ....,hich
is Southeasterly of ~he ~an high water line abutting B:lyshore Boulevard.
AND
Covcr~ent Lot 1, Section 15, Township 29 South, Range 16 E:lst. less that ~art South
of an EOlsterly projectior. of the North line of Gover~~cnt Lot 4 in Section 16.
7utmi;hip 29 South. Range' 16 East, '-lhich proj~ction is extended to the deep V:lter
ch~~~el in Ta=pa Bayj
All the above being in Pine1las County. Florida.
PARCEL NO. 2
Covc:-r..::\I:nt Lot 3. 'Section 10, TOt.."'Clship 29 South, R4lnge 16 Eo:lst. Pincll.-:ls ':ouncy,
Florid;]... .. .
PA:tCEL NOS. 1 AND 2 MAY.ALSO BE DESCRIBED AS'FOLLm-1S:. .
A p3rc~1 of. land 10cD.ted 1n Sectiona CJ~ 10, and' 1':s; ':ToYn.I.hip .2<j....SOl.ith.~;:
R.1n~e 16 Eaat, Pinellaa County, F"lorida, being -ore par't1cuhriY:::d~Z1Cl'"ibr<i a..:
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BE-gin at (he SoutheBot corner of Baid Section 9; Run thonc/l' . . ....-;.
N.39'29'SJ.~". along the South boundary of. Boid'Sectlon 9, a dlutanci of L~
. - ~.
lJ16.80 feet to the Southvest corner at the Sou~heQat 1/~ of. the Soulhoaat l/~
o! oaid Section 9; thenc~ H.OO'OO'S9'E., along the ~eot boundary of the
Southc3at 1/4 o!'the Southeast 1/4 of.' aaid Section g'to a point on the aean
~l~i'vQt~r l~n~,cii Co~p~r'a DDYOU adjacent to BDyohore Boulevard; thence
Northcooterly ~long the meon high vater line of' oDid Cooper's Dayou to a polnt
on th~ Hor~h boundary of the Southcost:1/4 oL ~h~-Southaoot. l/4 of aa1d
Scc;:cn 9; then~e S.8~'27'020E., along th~ Hort~ boundD~Y of. the Southea8t 1/4
a! the Southeaa.t l/~ o.! Boid Section g to the H"ortheilot corner of the.
Scuthea~~ :/4 o~ the Southeost 1/4 of. sold Section 9, aloo being the Southvl?ut
~or~~r of Gover~~ent Lot 3 of Baid Sect~on 10; thence H.OO-Ol'SGoE., along the
V~ot boundary of aaid Government Lot 3, a diatance of 1329.40 feet to the'
Hc:'"thvest corner of. GovernJ:lent Lot J of said Section 10; thence East. ..long the
North boundary of said Government Lot J to a po~nt on the Dean high vater line
on the Horthvesterly shoCI? of Cooper's P01nt on.Cooper'B Bayou; thence'
~cntlnue along the Nor~h boundary of said Govern~ent Lot 3 t6'a polnt o~the
~can high vater line on the HortheaGterly ohore of Cooper'o'Poiot on Old TaDpo
O.1y; thence Sou~herly along t~e mean h~gh vater line of aa~d Old !a~pa Bay to
~ pOlnt on the E30tcrly proJect~on of the Horth boundary of Govern~ent Lot ~
o! Scct..:.on 16, Tovnohip 29 South, Range 16 East, P lnellas County,. Florid;);
thcnc~ H.69-J2'OS.W., along the Ho~th'boundary of the projection of Ba~d
Covern~ent Lot 4, to a pOint on the ~est boundary of aald Section 15; thenc~
II.Ca"01'3a-E., along the "est boundary of Baid Section 15 a diotance of
lJ:~.27 feet to the POlot o! Beginning.
(the "property")
EXHIBIT "A"
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TAX REPRORATION AGREEMENT
THIS TAX REPRORATION AGREEMENT is made this /0 'i1v day of
March, 1988 between COOPER'S POINT PARTNERS, LTD., a Florida
limited partnership ("Seller") and CITY OF CLEARWATER, FLORIDA, a
municipal corporation ("Purchaser").
WIT N E SSE T H:
---------
WHEREAS, the parties entered into a Contract for Sale and
Purchase, dated February 24, 1988, (the "Contract"); and
WHEREAS, the parties simultaneously herewith are closing the
sale and purchase of the property, more particularly described in
the Contract (the "Property"); and
WHEREAS, the Seller has simultaneously herewith paid to
o. Sanford Jasper, Tax Collector, the amount of $83.49 as an
escrow for 1988 ad valorem real estate taxes from January 1, 1988
to date in accordance with Section 196.295, Florida Statutes
(1987); and
WHEREAS, the parties wish to set forth their understanding
regarding the payment of ad valorem real estate taxes for 1988.
NOW, THEREFORE, the parties hereto, for and in good
consideration of the sum of Ten Dollars ($10.00) and other good
and valuable consideration, the receipt and sufficiency of which
are hereby acknowledged, agree that in the event the amount of
$81.07 which is held in escrow by the Pinellas County Tax
Collector is not sufficient to pay the real estate taxes on the
Property from January 1, 1988 to date of closing, taking into
consideration the maximum allowable discount, on November 1,
1988, the Tax Collector shall forward to Seller a tax bill
stating the additional amount of taxes owed for such period.
Notwithstanding any provision hereof to the contrary, in no
event shall Seller be responsible for any taxes assessed by the
County subsequent to the date of closing.
IN WITNESS WHEREOF the parties hereto have set their hands
and seals the day and year first above written.
WITNESSES:
PURCHASER:
9n(J~7JPz:-~
CITY OF CLEAR~ATER, FLORIDA,
a munici~~ COa::~1
By: ~~
(1~~
PINELLAS COUNTY, ~ORIDA, a
political subdivision of the
State of Florida
As:
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SELLER:
COOPERS POINT PARTNERS, LTD.,
a Florida limited partnership
By:
Sembler Equities, Inc.,
a Florida corporation
By: /~~ d -d--t1!1,
,/ Gr~or S. Sembler,
Vice Pres ident .
1
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AFFIDAVIT OF NO LIENS
STATE OF FLORIDA
COUNTY OF PINELLAS
BEFORE ME, the undersigned authority, personally appeared
GREGORY S. SEMBLER, as Vice President of Sembler Equities, Inc.,
a Florida corporation, General Partner of COOPER'S POINT
PARTNERS, LTD., a Florida limited partnership ("Seller") who,
upon being first duly sworn, deposes and says that:
1. Seller is the owner of the following described property
(the "Property") located in Pinellas County, Florida:
SEE EXHIBIT "A" ATTACHED HERETO AND MADE A
PART HEREOF.
2. The Property is now in possession of the record owner.
3. There has been no labor performed on or materials
furnished to the Property within the past ninety (90) days for
which there are unpaid bills; there are no claims whatsoever of
any kind or description against the Property for which liens
could be filed according to the statutes in such cases made and
provided; and no informal notice of any claim has been received
by the undersigned.
4. The undersigned hereby warrants that the undersigned
has received no notice of any public hearing regarding
assessments for improvements by any government within the past
ninety (90) days and there are no unpaid assessments or liens
against the Property for improvements thereto by any government,
whether or not said assessments appear of record.
5. There is no outstanding unrecorded contract of sale,
deed, conveyance, mortgage or Title I loan affecting the title to
the Property, other than the contract between Seller and the City
of Clearwater, Florida, and Pinellas County, Florida
(collectively, "Buyer") incident to which thls affidavit is
given.
6. This representation is made under oath for the purpose
of inducing Buyer to purchase the Property, and Commonwealth Land
Title Insurance Company, through Johnson, Blakely, Pope, Bokor,
Ruppel & Burns, P .A., its agent ("Title Company"), to insure
title to the Property.
7. The undersigned makes and delivers this Affidavit of No
Liens fully realizing that the Buyer and Title Company are
relying hereon in order to close such purchase and insure title
to the Property, and this Affidavit of No Liens is made with full
understanding of all laws appertaining to affidavits in the State
of Florida, and full faith and credit may be given hereto.
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COMMONWEALTH LAND
TITLE INSURANCE COMPANY
A Reliance Group Holdings Company
ENDORSEtviENT No. 1
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To Ix ~Inncxed to and form a part of Commitment/Policy No,
814-431513
lnsun ng
TIlE CITY OF CLEARWATER, FLORIDA, A MUNICIPAL CORPORATION
;IS sd forth in said Commitment/Policy.
Th~ said Commitment/Policy is hereby amended in the following manner:
The proposed insured under the owner's policy, as described in Item 1,
Schedule A, is hereby amended to be:.
CITY OF CLEARWATER, FLORIDA, a municipal corporation,
as to an undivided 1/3 interest, and PINELLAS COUNTY,
FLORIDA, a political subdivision of the state of
Florida, as to an undivided 2/3 interest, as Tenants
in Common.
All other matters contained in said commitment shall remain unchanged
and in full force and effect.
The ttHal liability of the Company under said commitment/policy and any endorsements attached thereto shall
not exceed. in the aggregate, the face amount of said policy and costs which the Company is obligated under the
prO\isions of said commitment/policy to pay.
This endorsement is made a part of said commitment/policy and is subject to the exclusions. schedules.
~I1Jorsements. conditions. stipulations and ter'ms thereof. except as modified by the provisions hereof.
Nothing herein contained shall be construed as extending or changing the effective date of said Commit-
ment/ Policy. unless otherwise expressly stated,
l~'; WITNESS WHEREOF COMMONWEALTH LAND TITLE INSURANCE COMPANY
corrorate name and seal to be hereunto affixed by its duly authorized officers on the 4 th
February A,D, 19 88
has caused its
day of
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COMMONWEALTH LAND TITLE INSURANCE COMPANY
By Cr~J $--L -
0' f-...... President
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ORIGINAL
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COMMONWEALTH lAND
TITLE INSURANCE COMPANY
A Reliance Group Holdings Company
Fik 0:0, 88-1006 - SECHEDULE A
Commitment
~K~ No, 814-431513
SC!mDULE A - ITEM 3 - LEGAL DESCRIPT1.0N - EXHIBIT A
PAI\CEL NO. 1.
Government Lot fl, Section 10, Township 29 South, Range 16 East; that part of the
Southeast 1/4 of the. Southeast 1/4 of Section 9, Towns~ip 29 South, Range 16 East, which
is Southeasterly of the mean high water line abutting Bayshore Boulevard,
'/"':,:D
Cov~r~~ent Lot 1, Section 15, Township 29 South, Range 16 East, less that part South
0: .:1:'. Eas terly proj e.ction of the North line of Government Lot 4 in Section 16,
':'ou':1ship 29 South, Range' 16 East, v1hich projection is exte.nded to the deep wate.r
c~1.1nnel in Tampa Bay; "
All the above being in Pinellas County, Florida.
l~ :\":.C:::L NO. 2
Cove~~~ent Lot 3, Section 10, Township 29 South, Range 16 East, Pine1las County.
1~2..orica .
?ARCSL NOS. 1 &~D 2 MAY ALSO BE DESCRIBED'AS'FOLLOWS:
. . . .
^ pucel ot land locnted in Sections 9; 10, and' t':S;.':"OY~~.iP.'2(J",?o\.it.h,;..;,l~
~ailS:C' 16 EaBt, ?in~llafJ County, F'lorida, being More particularly::d.l!lcr1~ u#;
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Be-gin at the SoutheofJt corner ot said Section 9; Run th"nc~ ' . . .,'
N,89"29'53"W., along the South boundary of said. Section 9, a diDtanc~ of :.
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1316.80 feet to the Sou~hYest corner at the $ou~heBst l/~ of the Southoust 1/4
of aaid Section 9; ,thence H.OO"OO'59.~., along ~he ~est boundary of th&
5outhcaa~ l/~ qi ~he So~theaat 1/4 of said Section 9'to a point on the aean
~lg; 'voter llne.d! Cooper'B Bayou adjacent to Bay shore Boulevard; thence
,\,o.'t.~L'uoterly along the mean high vllter line of.' aaid Cooper's Oayou to ~ point
on t'i,'L' I,orth boundary ot the Southeast: 1/4 of the-,. Southl?a'ot. 1/.4 of said,
SL'ct~Oil 9; the~ce S.8~"27'02"E., ~long th~ Hoti~ boundary of the Southeast 1/4
of. lhc' Southeast 1/~ 0,1 oaid Section 9 to the /{ortheaot corner o.t th~ .
Southeast :/4 o~ the Southeast 1/4 of. said Section 9, aleo being th~ Southvest
::or~'er of' Gover~ment L'ot 3 of said Section 10; thence H. 00. 01' 56"E., along the
'""!O':. boundary of aaid' Government Lot 3, a distance at 1329.40 feet to the.
~orthve6t corner of Government Lot 3 of said Section 10; thence East along the
liorth boundary of said Government Lot J to a po~nt on the Dean high vater line
on the Northwesterly shor,e of Cooper's Point on.Cooper'e Bayou; thence
~ontlnue along the Ilorth boundary at said Government Lot J to'~ point ori the
~~un hlgh vater 1in~ on the Northeasterly shore of Cooper's'Point on Old Ta~PQ
3uy; thenc~ Southerly along t~e mean high vater line ot eald Ord. TaMpa Bay to
a po~nl on 'the EaBterly proJect~on of the Harth boundary of Gov~rnDent Lot 4
0: Si!ctlon 16, Township 29 South, Range 16 East, PineHas County" F'lorida;
th~nce H.89"32'GB"W., along the Horth boundary of the projection of Bald
Government Lot 4, to a pOlnt on the West boundary of said Section 1S; thence
H.OJ"Ol'J8"E., along the West boundary at said Section 1S a distance of
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COMMITMENT
FOR
TITLE
INSURANCE
American land Title Association
1966
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TITLE INSURANCE COMPANY
A Reliance Group Holdings Company
Title Insurance Since J 876
HOME OFFICE
EIGHT PENN caHER
PHILADeLPHIA, PA 19103
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