ROBERT LEE AND MARGARET SMITH
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KARlEEN F. DE BlAKER, CLERK OF mURT
PItULAS COUNTV, FLORIDA
"
Return to:
Name: STEW ART TITLE OF CLEARWATER, INC.
Address: 32722 U.S. Highway 19 N.
Pabn Harbor, Florida 34684
This Instrument Prepared by: MIKELL L. ST. GERMAIN
STEWART TITLE OF CLEARWATER, INC.
32722 U.S. Highway 19 N.
Pabn Harbor, Florida 34684
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):
10/29/15/69138/006/0090
Grantee(s) 8.8.#(s):
FILE NO: 01080083
---------------------------------------
7C189159 10-30-2001 16:24:21 EBZ
51 DED-SMITH/CITY CLW
015410
1":01378843 BK:11649 SPG:1896 EPG:1897
RECORDING 002 PAGES 1 $10.50
DOC STAHP - DR219 3 $483.00
TOTAL:
CHECK ANT.TENDERED:
I' CHANGE:
~ DEPUTY CLERK
$41~3.50
$41~3.50
$.00
WARRANTY DEED
(The tenns "grantor" and "grantee" herein shall be construed to include all genders and singular or plural as the context indicates.)
This Warranty Deed Made this 29th dayof October A.D. 2001,by
ROBERT LEE SMITH and MARGARET SMITH, husband and wife
whose marital status is:
hereinafter called the grantor, whose post office address is:
01-378843 OCT-30-2001 4:24PM
PINELLAS CO BK 11648 PG 1886
111111111\1111'" 11I\\ \1111 111111111I IIII~I~I!Il__-----
--- ------
w CITY OF CLEARWATER FLORIDA, A Municipal corporation of the State of
Florida
whose post office address is: P.O. Box 4748 Clearwater, Florida 33757
hereinafter called the grantee,
WITNESSETH: That said grantor, for and in consideration of the sum of $10.00 Dollars, and other valuable considerations,
receipt whereof is hereby acknowledged, hereby grants, bargains, sells, aliens, remises, releases, conveys and confIrms unto the
grantee, all that certain land situate in pinellas County, Florida, viz:
Lot 9, Block 6, PINECREST SUBDIVISION, according to the Plat
thereof, as recorded in Plat Book I, Page 66 of the Public
Records of pinellas County, Florida, together with the west 1/2
of the vacated alley adjacent on the east as recorded in O.R.
Book 9352, Page 294 of the Public Records of pinellas County,
Florida.
ALSO DESCRIBED AS:
Lot 9, Block 6, IIPINE CRESTII according to the Plat thereof, as
recorded in Plat Book I, Page 66 of the Public Records of
pinellas County, Florida, together with the west 1/2 of the
vacated alley adjacent on the east as recorded in O.R. Book
9352, Page 294 of the Public Records of pinellas County,
Florida.
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PINELLAS COUNTY FLA,
OFF,REC,8K 11649 PG 1897
This property [is] [341*] the homestead of the Grantor(s).
TOGETHER with all the tenements, hereditaments and 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 whomsoever; and that said land is free of all encumbrances, except taxes
accruing subsequent to ~oe:mtJO:XJ<l, 2001, reservations, restrictions and easements of record, if any.
Oc tober 29
IN WITNESS WHEREOF, Grantor has hereunto set grantor's hand and seal the day and year first above written.
Signed, Seale~ and Deli,yered in Our Presen~.:. ;
\' '" I
. ' ^ iI'","
Witness Signature: ' '
Witness Printed Nam .
-;- V IL/Y--r:='. t/;~M~(s"o
~(~fE ~H" S'___\.
~f'<k{~ (S"I)
(Seal)
(Seal)
STATE 0
COUNTY OF
The foregoing instrument was acknowledged before me this 2 9 th
by ROBERT LEE SMITH and MARGARET SMITH,
day of October
husband and wife
, 2001
who has/have produced driver ~ensexs) as identification. -'
'--~II ,~r .( ~'"
I \, L\ (j i f" '~t((L\ )~CC
MiKELL L. ST. GERMAIN
}__m_.__ ,/
My Commission expires:
OFFICIAL NOTAFW SEAL
rliikell L St. Germain
COMMISSION NUMBER
CC 567967
MY COMMISSION EXP
SEPTEMBER 24, 2004
Printed Name:
Notary Pu"t>lic
Serial Numt-er:
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this
by
day of
who is/are personally known to me or who has/have produced driver license(s) as identification.
My Commission expires:
Printed Name:
Notary Public
Serial Numher:
Page 2 of2
ALTA OWNER'S POLICY - 10-17-92 WITH FLORIDA MODIFICATIONS
"If you want information about coverage or need assistance to resolve complaints, please call 1-800-729-1902.
you must furnish written notice in accordance with Section 3 of the Conditions and Stipulations."
Visit our World-Wide.Web Site 'at: htto://www.stewart.com
e a claim under your policy,
-- -- -+- -- -~
POLICY OF TITLE INSURANCE ISSUED BY
STEWART TITLE
GUARANTY COMPANY
SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN
SCHEDULE B AND THE CONDITIONS AND SIIPULATIONS, STEWART TITLE GUARANTY COMPANY, a Texas
corporation, herein called the Company, insures,~~ 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
3. Unmarketability of the title;
4. Lack of a right of access to
The Company will also pay the costs, and expenses incurrE;l(i in defense of the title, as insured, but only
to the extent provided in the Conditions
IN WITNESS WHEREOF, Stewart
duly authorized officers as of the Date
Company has calJ~ed this policy to be signed and sealed by its
in Schedule A.
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 (incl~ding<butnot Iim.ited to building and zoning laws, ordinances, or regulations) restricting,
regulating, prohibiting or relating to (i) the occupancy, use, or enjoymentofthetand; (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, ordinances or governmental regulations, except to the extent that a notice of
the enforcement 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.
(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 policy, 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.
--- --- -- ...,...,.. - --- ."....,...
~~W;y1 of 0-2125- 334328
Serial No.
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SCHEDULE A
FILE NO. POLICY NUMBER DATE OF POLICY AMOUNT OF INSURANCE
October 30, 2001
01080083 0-2125-334328 4:24 PM $69,000.00
1. Name of Insured:
CITY OF CLEARWATER FLORIDA, a Municipal corporation of the State of
Florida
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:
Lot 9, Block 6, PINECREST SUBDIVISION, according to the Plat
thereof, as recorded in Plat Book 1, Page 66 of the Public
Records of pinellas County, Florida, together with the west 1/2
of the vacated alley adjacent on the east as recorded in O.R.
Book 9352, Page 294 of the Public Records of pinellas County,
Florida.
ALSO DESCRIBED AS:
Lot 9, Block 6, "PINE CREST" according to the Plat thereof, as
recorded in Plat Book 1, Page 66 of the Public Records of
pinellas County, Florida, together with the west 1/2 of the
vacated alley adjacent on the east as recorded in O.R. Book
9352, Page 294 of the Public Records of 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: 805 PENNSYLVANIA AVENUE N.
City /State/Zip: CLEARWATER, FL 33755
County: pinellas Pin/Tax #: 10/29/15/69138/006/0090
The Company does not represent or insure the above address is accurate
STEWART TITLE
Reg. D 0012 Rev. 11-91 "NOT VAliD WITIIOUT SCHEDULE B"
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Policy Number: 0- 2125-334328
FileNo: 01080083
SCHEDULE B
This policy does not insure against loss or damage by reason of the following:
1. Rights or claims of parties in possession not shown by the public records.
2. Easements, or claims of easements, not shown by the public records.
3. Encroachments, overlaps, boundary line disputes, or other matters which would be disclosed by an accurate survey
. and inspection of the premises.
4. Any lien, or right to a lien, for services, labor, or material heretofore or hereafter furnished, imposed by law and
not shown by the public records.
5. Community property, dower, curtesy, survivorship, or homestead rights, if any, of any spouse of the insured.
6. Any adverse ownership claim by the State of Florida by right of sovereignty to any portion of the lands insured
hereunder, including submerged, filled, and artificially exposed lands and lands accreted to such lands.
7. Taxes for the year 2 001 and thereafter and assessments, if any, not recorded in the public records.
8. Subject to drainage/utility easement as reserved in Ordinance
Vacating Alley filed in O.R. Book 9352, Page 294 of the Public
Records of pinellas County, Florida.
Exceptions numbered
I, 4 and 6
are hereby deleted from the Owners Policy.
CONDITIONS AND STIPULATIONS Continued
(continued and concluded from reverse side of Policy Face)
(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.
(12.) (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 Palicy 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 and 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 'this 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
shall 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 sholl include the number of this policy
and shall be addressed to the Company at P.O. Box 2029, Houston, Texas
77252-2029.
STE'\VA[{T T'ITLE
G U A RAN TY (' () M I' AN\'
A. U.S.DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT B.TYPE OF LOAN
1. [ ] FHA 2. [ ] FMHA 3. [ ]CONV. UNINS.
-
~ 4. [ lVA 5. [ ] CONV. INS. [Xl Cash (6)
.
6. FILE NUMBER: 7. LOAN NUMBER:
01080083
.. ~
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 municipal corporation of the State of Florida
ADDRESS: P.O. BOX 4748, CLEARWATER, FL 34618
E. NAME OF SELLER: ROBERT LEE SMITH, MARGARET SMITH
ADDRESS: 805 PENNSYLVANIA AVENUE, CLEARWATER, FL 33755 SELLER TIN:
F. NAME OF LENDER:
ADDRESS:
G.PROPERTY LOCATION: Lot 9 Block 6 PINE CREST
805 PENNSYLVANIA AVENUE N. CLEARWATER FL 33755
H. SETTLEMENT AGENT: STEWART TITLE OF CLEARWATER PHONE NUMBER: (727) 441-2689
ADDRESS: 32722 US HIGHWAY 19 N.
PALM HARBOR, FL 34684 SETTLEMENT AGENT TIN: 59-1433918
PLACE OF SETTLEMENT: STEWART TITLE OF CLEARWATER I.SETTLEMENT DATE
ADDRESS: 32722 US HIGHWAY 19 N. Closing date: 10/29/01
PALM HARBOR, FL 34684 Proration date: 10/29/01
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 69,000.00 401. Contract sales price 69,000.00
102. Personal property 402. Personal property
103. Settlement charges to borrower(line 1400) 10.50 403.
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: 69,000.00
69,010.50
200. AMOUNTS PAID BY OR IN BEHALF OF BORROWER: 500. REDUCTIONS IN AMOUNT DUE TO SELLER:
201. Deposit or earnest money 501. Excess deposit(see instructions)
202. Principal amount of new loan(s) 502. Settlement charges to seller(line 1400) 2,236.75
203. Existing loan(s) taken subiect to 503. Existing loan(s) taken subject to
204. 504. Payoff of first mortgage loan AM GENERAL FIN 23,248.90
205. 505. Payoff of second mortgage loan
206. 506.
207. 507.
208. 508.
209. 509.
Ad juslments for items unpaid by seller: Adjustments 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. TAXES 2001 1/1/01 THRU 10/29/01 71.40
216. 516.
217.. 517.
218. , 518.
219. 519.
220. TOTAL PAID BY /FOR BORROWER: I 520. TOTAL REDUCTION IN AMOUNT: 25,557.05
300. CASH AT SETTLEMENT FROM/TO BORROWER: 600. CASH AT SETTLEMENT TO/FROM SELLER:
301. Gross amount due from borrower(line 120) 69,010.50 601. Gross amount due to seller(line 420) 69,000.00
302. Less amounts paid by/for borrower(line 220) 602. Less total reductions in amount due seller(line 520) 25,557.05
303. CASH rX FROM) OCiJOlBORROWER: * 69,010.50 603. CASH rX TO] ~ SELLER: 43,442.95
SUBSTITUTE FORM 1099 SELLER STATEMENT-The information contained in Blocks E,G,H and I and on line 401 (or, 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 penally or other sanction will
be imposed on you if this item is required to be reported and the IRS determines that)t has not been reported.
SELLER INSTRUCTION-If this real estate was your principal residence, file Form 2119, Sale or Exchange of Principal Residence, for any gain, with your income tax
return; for other transactions, complete the applicable parts of Form 4797, Form 6252 and/or Schedule D (Form 1040).
You are required by law to provide Stewart Title of ClealWater, Inc. with your correct taxpayer identification number.
If you do not provide Stewart Title of ClealWater, 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
* CASHIERS CHECK TO STEWART TITI..E COMPANY & maro ID REQUIRED
File 01080083 L. SETTLEMENT CHARGES PAID FROM PAID FROM
... BORROWER'S SELLER'S
~ FUNDS FUNDS
. '700. TOTAL SALES/BROKER'S COMMISION Based on $ @ %= AT SETTLEMENT AT SETTLEMENT
Division of Commission (line 700) as follows:
..'fOl. $ to
702. $ to
703. Commission paid at settlement
704.
800. ITEMS PAYABLE IN CONNECTION WITH LOAN.
801. Loan Origination fee %
802. Loan Discount %
803. Appraisal fee to
804. Credit Report to
805. Lender's inspection fee to
806. Mortgage 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 WITH LENDER
1001. Hazard Insurance mo.@$ per mo.
1002. Mortgage insurance mo.@$ per mo.
1003. City property taxes mo.@$ per mo.
1004. County property taxes mo.@$ per mo.
1005. Annual assessments (Maint.) mo.@$ per mo.
1006. mo.@$ per mo.
1007. mo.@$ per mo.
1008. mo.@$ per mo.
1100. TITLE CHARGES: ..
11 0 I. Settlement or closing fee to STC 100.00
11 02. Abstract or title search to STC 190.00
1103. Title examination to STC 35.00
1104. Title insurance binder to
1105. Document preparation to
1106. Notary fee to
11 07. Attorney's fee to to JAMES A. HEL1NGER, JR. 1,000.00
(includes above items No.: )
1108. Title insurance to STEWART TITLE OF CLEARWATER 396.75
(includes above items No.: )
1109. Lender's coverage $
1110. Owner's coverage 69,000.00 $ 396.75
1111. fl risk rate (396.75)
1112. to
1113. to
1114. to
1200. GOVERNMENT RECORDING AND TRANSFER CHARGES
1201. Recording fees: Deed $ 10.50 Mrtg $ ReI. $ 6.00 10.50 6.00
1202. City/county tax/stamps: Deed $ Mrtg $
1203. State tax/stamps: Deed $ 483.00 Mrtg $ 483.00
1204. RECORD CONTINUOUS MARRIAGE to CLERK OF THE CIRCUIT COURT 6.00
1205. to
1206. to
1300. ADDITIONAL SETTLEMENT CHARGES
1301. Survey I to
1302. Pest inspection to
1303. LIEN SEARCH FEE to CITY OF CLEARWATER 5.00
1304. COURI ER/ HANDLI NG LENDER PAYOFF to STC 15.00
1305. to
1400. TOTAL SETTLEMENT CHARGES (entered on lines 103, Section J and 502, Section K) 10.50 2,236.75
CERTIFICATION: I have carefully reviewed the HUD-l Settlement Statement and to the best of my knowledge and belief, it is a true and accurate statement of all
receipts and' rsements made on my account or by me . is transaction. I further certify that I h eceJ ed a copy of HUD-1 Settlement Statement.
. ~
City of Clearwater, Florida
Borrowers.. Seller n~aret Smith
The HUD-1 Settle ent Statement which J^have prepared is a true and accurate account of this transaction. I have'c'aused or will cause the funds to be disbursed in
accordance I th/th s statem t. , . ... .. _
,/' , '/'
- J : October 29, 2001
Date
WARNING: It is a crime to knowingly make false statements to the United States on this or any other similar form. Penalties upon conviction can include a fine and
imprisonment. For details see: Title 18: U.S. Code Section 1001 and Section 1010.
~
.~
.,
CONTRACT FOR PURCHASE OF REAL PROPERTY BY
THE CITY OF CLEARWATER, FLORIDA
PARTIES: ROBERT L. and MARGARET SMITH, husband and wife (herein "Seller"), of 805
Pennsylvania Avenue, Clearwater, Florida 33755-4238, Phone: (727) 447-7272), and the CITY
OF CLEARWATER, FLORIDA, a Municipal Corporation of the State of Florida (herein "Buyer" or
"City") of P. O. Box 4748, Clearwater, Florida 34618-4748, ATTENTION: City Attorney,
Phone: (813) 562-4010 (collectively "Parties") hereby agree that the Seller shall sell and
Buyer shall buy the following real property ("Real Property") and personal property
("Personalty") (collectively "Property") upon the following terms and conditions.
THE "EFFECTIVE DATE" OF THIS CONTRACT IS THE DATE OF EXECUTION BY DULY
AUTHORIZED CITY OFFICIALS. TIME IS OF THE ESSENCE IN THIS CONTRACT. Time
periods of 3 days or less shall be computed without including Saturday, Sunday
or national legal holidays, and any time period ending on a Saturday, Sunday
or national legal holiday shall be extended until 5:00 P. M. the next business
day.
1. PROPERTY DESCRIPTION
LEGAL DESCRIPTION: PINE CREST SUBDIVISION, Block 6, Lot 9 and the West ~ of the
Vacated alley adjacent on the east, as recorded in Plat Book
1, Page 66 of the Public Records of Pinellas County, Florida,
together with all built-in appliances and attachments.
STREET ADDRESS (City/Zip/State): 805 Pennsylvania Avenue, Clearwater, Fl. 33755-4238
PERSONALTY: NONE INCLUDED IN PURCHASE PRICE. ANY PERSONAL PROPERTY REMAINING AT TIME OF
CLOSING SHALL BE LEFT ONLY WITH THE CONSENT OF BUYER AND AS A CONVENIENCE
TO SELLER.
2. FULL PURCHASE PRICE ............................................. $
69,000.00
3. MANNER OF PAYMENT: City of Clearwater check in U. S. funds at time
of closing (subject to credits, prorations) ... $
67,000.00
Balance to be held in escrow by closing agent and
paid to Seller following vacation of the property
as provided in Occupancy Addendum attached hereto
and made a part hereof. . . .. . . $
2,000.00
4. DETERMINATION OF PURCHASE PRICE
The following three (3) State certified residential real estate appraisers have
evaluated the herein-described property. The overall condition of the property as
appraised is believed to be substantially the same at the time of each appraisal:
a) Florida Appraisal Group (for Affordable Mortgage) 8/19/99 --------~ $54,000
b) Michael McKinley, SRA (for the City) 8/22/00 ---------------------- $44,000
c) Robert Churuti & Associates (for the City) 12/12/00 --------------- $69,000
Seller believed appraisals a) and b) did not fully reflect true market value for the
subject property. The City obtained appraisal c) upon request of James A. Helinger, Jr.,
legal counsel for Seller. The Purchase Price shown in paragraph 2 reflects the valuation
determined by that appraisal. Staff believes the purchase of this parcel will serve to
enhance the proposed North Greenwood Recreation Center project and provide room for
possible future additions to the Center.
5. TIME FOR ACCEPTANCE; APPROVALS
Following execution of this contract by Seller, the price, terms and conditions as
contained herein shall remain unchanged and be held unconditiopa,lJ,y open for a period of
45 days following delivery in duplicate original to Earl Barrett, Real Estate Services
Manager, in the Public Works Department of the City of Clearwater for acceptance and
approval or rejection by action of the Clearwater City Commission ("Commission"). If this
agreement is accepted and approved by the Commission, it will be executed by duly
authorized City officials and delivered to Buyer within 10 days thereafter. If the
Commission upon initial presentation rej ects this contract, this contract shall be null
and void in all respects and Buyer shall be so informed in writing within 5 days of such
action.
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6. TITLE
Seller warrants legal capacity to and shall convey marketable title to the Property by
Statutory Warranty, Trustee's, Personal Representative's or Guardian's Deed, as
appropriate to the status of Seller, subject only to matters contained in Paragraph 7
acceptable to Buyer. Otherwise title shall be free of liens, easements and encumbrances
of record or known to Seller, but subj ect to property taxes for the year of closing;
covenants, restrictions and public utility easements of record; and NO OTHERS; provided
there exists at closing no violation of the foregoing and none of them prevents Buyer's
intended use of the Property for institutional purposes . Seller warrants and represents
that there is ingress and egress to the Real Property sufficient for the intended use as
described herein. Personalty shall, at Buyer request, be transferred by an absolute bill
of sale with warranty of title, subject only to such matters as may be otherwise provided
herein.
7. TITLE EVIDENCE
Seller shall, at Seller expense and not later than ~ days prior to closing date,
provide Buyer a title insurance commitment issued by a Florida licensed title insurer
agreeing to liens, encumbrances, exceptions or qualifications set forth in this Contract,
and those which shall be discharged by Seller at or before closing. Seller shall convey
marketable title subject only to liens, encumbrances, exceptions or qualifications set
forth in this Contract. Marketable title shall be determined according to applicable
Title Standards adopted by The Florida Bar and in accordance with law. Buyer shall have 5
days from receiving evidence of title to examine it. If title is found defective, Buyer
shall, within 3 days thereafter, notify Seller in writing specifying defect (s) . If the
defect (s) render title unmarketable, Seller will have 120 days from receipt of notice
within which to remove the defect(s), failing which Buyer shall have the option of either
accepting the title as it then is or withdrawing from this Contract. Seller will, if
title is found unmarketable, make diligent effort to correct defect(s) in title within the
time provided therefor, including the bringing of necessary suits.
8. SURVEY
Buyer, at Buyer's expense, wi thin time allowed to deliver evidence of title and to
examine same, may have Real Property surveyed and certified to the Buyer, Seller and
closing agent by a registered Florida land surveyor. If survey shows any encroachment on
Real Property, or that improvements located on Real Property encroach on setback lines,
easements, lands of others, or violate any restrictions, contract covenants or applicable
governmental regulation, the same shall constitute a title defect. The survey shall be
performed to minimum technical standards of Chapter 61G17-6, Florida Administrative Code
and may include a description of the property under the Florida Coordinate System as
defined in Chapter 117, Florida Statutes.
9. CLOSING PLACE AND DATE
Seller shall designate closing, agent and this transaction shall be closed in the
offices of the designated closing agent in Pinellas County, Florida, on or before
September 30, 2001 unless extended by other provisions of this contract. If either party
is unable to comply with any provision of this contract within the time allowed, and be
prepared to close as set forth above, after making all reasonable and diligent efforts to
comply, then upon giving written notice to the other party, time of closing may be
extended up to 30 days without effect upon any other term, covenant or condition
contained in this contract.
10. CLOSING DOCUMENTS
Seller shall furnish deed, closing statement, bill of sale (if applicable), mechanic's
lien affidavit, assignments of leases, tenant and mortgage estoppel letters, and
corrective instruments. If Seller is a corporation, Seller shall deliver a resolution of
its Board of Directors authorizing the sale and delivery of the deed and certification by
the corporate Secretary certifying the resolution and setting forth facts showing the
conveyance conforms with the requirements of local law.
11. CLOSING EXPENSES
Documentary stamps on the deed, unless this transaction is exempt under Chapter 201.24,
Florida Statutes, and recording of any corrective instrument to insure title, shall be
paid by the Seller. Buyer shall pay the costs of recording the deed.
12. PRORATIONS; CREDITS
Taxes, assessments, rent (if any) and other revenue of the Property shall be prorated
through the day before closing. Closing agent shall collect all ad valorem taxes
uncollected but due through day prior to closing and deliver same to the Pinellas County
Tax Collector with notification to thereafter exempt the Property from taxation as
provided in Chapter 196.012(6), Florida Statutes. If the amount of taxes and assessments
for the current year cannot be ascertained, rates for the previous year shall be used with
due allowance being made for improvements and exemptions. Any deposits held by Seller in
trust for third parties in occupancy of the Property shall be credited to Buyer at time of
closing. Assessments for any improvements that are substantially complete at time of
closing shall be paid in full by Seller.
Page 2 of 5
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13. OCCUPANCY
Seller warrants that there are no parties in occupancy other than the Seller, or as
otherwise disclosed herein. Seller shall have the privilege of continuing to occupy the
subject property for up to 72 hours following closing subject to Occupancy Addendum
attached hereto and made a part hereof.
14. PROPERTY CONDITION
Seller shall deliver the Property to Buyer at time of closing in its present "as is"
condition, ordinary wear and tear excepted, and shall maintain the landscaping and
grounds in a comparable condition. Seller makes no warranties other than as disclosed
herein in Paragraph 20 ("SELLER WARRANTIES") and marketability of title. Buyer's
covenant to purchase the Property "as is" is more specifically represented in either
subparagraph a. or b. as marked [Xl.
a. [ 1 As Is: Buyer has inspected the Property or waives any right to inspect and
accepts the Property in its present "as is" condition.
b. [Xl As Is With Right of Inspection: Buyer may, at Buyer expense and within 60 days
prior to closing date ("Inspection Period"), conduct inspections, tests,
environmental and any other investigations of the Property Buyer deems
necessary to determine suitability for Buyer's intended use. Seller shall grant
reasonable access to the Property to Buyer, its agents, contractors and assigns
for the purposes of conducting the inspections provided, however, that all such
persons enter the Property and conduct the inspections and investigations at
their own risk. Seller will, upon reasonable notice, provide utilities services
as may be required for Buyer's inspections and investigations. Buyer shall not
engage in any activity that could result in a mechanics lien being filed against
the Property without Seller's prior written consent. Buyer may terminate this
contract by written notice to Seller prior to expiration of the Inspection
Period if the inspections and/or investigations reveal conditions which are
reasonably unsatisfactory to Buyer, unless Seller elects to repair or otherwise
remedy such conditions to Buyer satisfaction; or Buyer, at its option, may elect
to accept a credit at closing of the total estimated repair costs as determined
by a licensed general contractor of Buyer's selection and expense. If this
transaction does not close, Buyer agrees, at Buyer expense, to repair all
damages to the Property resulting from the inspections and investigations and
return the Property to its present condition.
15. WALK-THROUGH INSPECTION
At a time mutually agreeable between the parties, but not later than the day prior to
closing, Buyer may conduct a final "walk-through" inspection of the Property to determine
compliance with any Buyer obligations under Paragraphs 8 and 14. Seller covenants with
Buyer that all built-in appliances, fixtures, plumbing, electrical and other mechanical
equipment, doors, windows and their respective hardware will be in proper working order at
time of inspection. No new issues may be raised as a result of the walk-through.
16. SELLER HELD HARMLESS
Buyer is self insured, and subject to the limits and restrictions of the Florida
Sovereign Immunity Statute, F.S. 758.28, agrees to indemnify and hold harmless the Seller
from claims of injury to persons or property during the performance of the property survey
described in Paragraph 8, or inspections made pursuant to Paragraph 14, resulting from
Buyer's own negligence, or that of its employees or agents, subj ect to the limits and
restrictions of the sovereign immunity statute.
17. RISK OF LOSS
If the Property is damaged by fire or other casualty before closing and cost of
restoration does not exceed 3% of the assessed valuation of the Property so damaged, cost
of restoration shall be an obligation of the Seller and closing shall proceed pursuant to
the terms of this contract with restoration costs escrowed at closing. If the cost of
restoration exceeds 3% of the assessed valuation of the improvements so damaged, Buyer
shall have the option of either taking the Property "as is", together with either the 3%
or any insurance proceeds payable by virtue of such loss or damage, or of canceling this
contract.
18. PROCEEDS OF SALE; CLOSING PROCEDURE
The deed shall be recorded upon clearance of funds. Proceeds of sale shall be held in
escrow by Seller's attorney or by such other mutually acceptable escrow agent for a period
of not longer than 5 days from and after closing, during which time evidence of title
shall be continued at Buyer's expense to show title in Buyer, without any encumbrances or
change which would render Seller's title unmarketable from the date of the last title
evidence. If Seller's title is rendered unmarketable through no fault of the Buyer, Buyer
shall, within the 5 day period, notify the Seller in writing of the defect and Seller
shall have 30 days from the date of receipt of such notification to cure the defect. If
Seller fails to timely cure the defect, all funds paid by or on behalf of the Buyer shall,
upon written demand made by Buyer and within 5 days after demand, be returned to Buyer and
simultaneously with such repayment, Buyer shall return Personalty and vacate Real Property
and reconvey it to Seller by special warranty deed. If Buyer fails to make timely demand
for refund, Buyer shall take title "as is", waiving all rights against Seller as to any
intervening defect except as may be available to Buyer by virtue of warranties contained
in the deed. The escrow and closing procedure required by this provision may be waived if
title agent insures adverse matters pursuant to Section 627.7841, F.S. (1987), as amended.
Page 3 of 5
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19. DEFAULT
If this transaction is not closed due to any default or failure on the part of the
Seller, other than to make the title marketable after diligent effort, Buyer may seek
specific performance or unilaterally cancel this agreement upon giving written notice to
Seller. If this transaction is not closed due to any default or failure on the part of the
Buyer, Seller may seek specific performance. I f a Broker is owed a brokerage fee
regarding this transaction, the defaulting party shall be liable for such fee.
20. SELLER WARRANTIES
Seller warrants that there are no facts known to Seller that would materially effect
the value of the Property, or which would be detrimental to the Property, or which would
effect Buyer's desire to purchase the property except as follows: (Specify known defects.
If none are known, write "NONE")
Buyer shall have the 30 days following the Effective Date to investigate said matters as
disclosed by the Seller, and shall notify Seller in writing whether Buyer will close on
this contract notwithstanding said matters, or whether Buyer shall elect to cancel this
contract. If Buyer fails to so notify Seller within said time period, Buyer shall be
deemed to have waived any objection to the disclosed matters and shall have the obligation
to close on the contract.
21. RADON GAS NOTIFICATION
In accordance with provisions of Section 404.056(8), Florida Statutes (1989), as
amended, Buyer is hereby informed as follows:
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 over time. Levels of radon
that exceed federal 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.
22. CONTRACT NOT RECORDABLE; PERSONS BOUND
Neither this contract nor any notice of it shall be recorded in any public records.
This contract shall bind and inure to the benefit of the parties and their successors in
interest. Whenever the context permits, singular shall include plural and one gender
shall include all.
23. NOTICE
All notices provided for herein shall be deemed to have been duly given if and when
deposited in the United States Mail, properly stamped, certified or registered, and
addressed to the respective party to be notified, including the parties to this contact,
the parties attorneys, escrow agent, inspectors, contractors and all others who will in
any way act at the behest of the parties to satisfy all terms and conditions of this
contract.
24. ASSIGNABILITY; PERSONS BOUND
This contract is not assignable. The terms "Buyer", "Seller", and "Broker" (if any)
may be singular or plural. This Contract is binding upon Buyer, Seller, and their heirs,
personal representatives, successors and assigns (if assignment is permitted).
25. ATTORNEY FEES; COSTS
In any litigation arising out of this contract, the prevailing party shall be entitled
to recover reasonable attorney's fees and costs.
26. NO BROKER
Seller and Buyer represent and agree they have dealt with no Broker or finder in
connection with the transactions contemplated hereby. Seller and Buyer further agree to
indemnify the other from any damage, liability or expense either may suffer as a result of
any claim of a Broker or finder with whom it is determined that the other party has dealt
with in contravention of this agreement; except, however, that total City obligations
under this provision shall be subject to the limits and restrictions of the Florida
sovereign immunity statute, F.S. 768.28.
27. EFFECT OF PARTIAL INVALIDITY
The invalidity of any provision of this contract will not and shall not be deemed to
effect the validity of any other provision. In the event that any provision of this
contract is held to be invalid, the parties agree that the remaining provisions shall be
deemed to be in full force and effect as if they had been executed by both parties
subsequent to the expungement of the invalid provision.
28. GOVERNING LAW
It is agreed by and between the parties hereto that this contract shall be governed
by, construed, and enforced in accordance with the laws of the State of Florida.
Page 4 of 5
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29. COUNTERPARTS; FACSIMILE COPY
This contract may be executed in two or more counterparts, each of which shall be
deemed an original and all of which together shall constitute one instrument. A facsimile
copy of this contract, including any addendum, attachments and any written modifications
hereof, and any initials or signature thereon shall be deemed an original.
30. SPECIAL CLAUSES
An Occupancy Addendum containing special clauses that constitute agreements and
covenants between the parties is attached to and a part of this contract. When any special
clause in the Addendum is in conflict with any provision contained elsewhere in this
contract, then the special clause shall govern.
31. ENTIRE AGREEMENT
Upon execution by Seller and Buyer, this contract shall constitute the entire
agreement between the parties, shall supersede any and all prior and contemporaneous
wri tten and oral promises, representations or conditions in respect thereto. All prior
negotiations, agreements, memoranda and writings shall be merged herein. Any changes to
be made in this agreement shall only be valid when expressed in writing, acknowledged by
the parties and incorporated herein or attached hereto.
THIS IS INTENDED TO BE A LEGALLY BINDING CONTRACT. IF NOT FULLY UNDERSTOOD,
SEEK THE ADVICE OF AN APPROPRIATE PROFESSIONAL FOR LEGAL, TAX, ENVIRONMENTAL
AND OTHER SPECIALIZED ADVICE PRIOR TO SIGNING.
/
Date/~..'..... i.r I~
G' I
, 2001
Seller:
~~-/~!&X-
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~ Marqaret Smith
Seller
------------------------------------------------------------------------------------------
APPROVED AND ACCEPTED this
day of
, 2001. ("Effective Date")
er
~~ OF CLEARWATER, FLORIDA
By fU'~~. &,::Jt
William B. Horne, II
Interim City Manager
Countersigned:
Approved as to form:
ATTEST:
City Attorney
~~
;..- .
paqe 5 of 5
SMITH805 PENN AV CONT 0501EWB.doc
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OCCUPANCY ADDENDUM
MADE AND ENTERED INTO this day of , 2001, by and
between the CITY OF CLEARWATER, FLORIDA, a Florida municipal corporation
("Buyer" or "City"), and ROBERT I. and MARGARET SMITH, husband and wife ("Seller"
or "Tenant"),
WIT N E SSE T H:
WHEREAS, the Seller now owns legal and equitable title in the following real property
("property") :
PINE CREST SUBDIVISION, Block 6, Lot 9 and the West % of the
vacated alley adjacent on the east, as recorded in Plat Book 1, Page
66 of the Public Records of Pinellas County, Florida a/k/a 805
Pennsylvania Avenue, Clearwater, Florida; and,
WHEREAS, the City anticipates becoming the owner of the above-described property
on or before September 30, 2001; and,
WHEREAS, the Seller desires to continue in occupancy of the property as a Tenant for
a period of up to 72 hours following said closing; and,
WHEREAS, the City is agreeable to having the Seller remain in occupancy of the
property as a Tenant following closing, subject to terms, conditions and limitations as
hereafter set forth;
NOW, THEREFORE, it is mutually agreed by and between the parties that:
1. Upon title to the Property being conveyed to the City, Seller's occupancy of the
subject property as a Tenant at sufferance shall continue undisturbed for up to 72
hours following closing, upon the following terms and conditions:
a. At closing of the transaction anticipated hereby the closing agent shall hold in
trust for the Seller a total of Two Thousand and ---NO/100's---Dollars ($2,000.00)
from the Total Purchase Price of the property ("trust funds").
b. Upon Seller vacating the property, and following a final post-closing walk-
through inspection by the Buyer's Real Estate Services Manager to confirm that the
premises are completely vacated, in the same condition as at time of final pre-
closing walk-through and in "broom clean condition", the City shall immediately
notify the closing agent to release all of the trust funds to Seller, except for a
reasonable amount that shall be retained for payment of any outstanding water and
sanitary sewer bill.
Page 1 of 3
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c. At all times throughout Tenant's occupancy of the property Tenant shall
maintain in full force and effect a policy or policies of insurance commonly known as
Renters and Contents insurance. The City shall be identified as Additional Insured
on such policy or policies as its interests may appear. The policy or policies of
insurance shall provide coverage for death, bodily injury, personal injury and
property damage that could arise directly or indirectly from occupation of the
property by Tenant, or as otherwise dictated by the performance and operation of
this rental agreement. A Certificate of Insurance meeting the requirements specified
herein shall be delivered to the City at time of closing the anticipated transaction.
Tenant shall release and hold harmless the City from any liability or claim
whatsoever for any injury to Tenant or invitee of Tenant on or about the property
throughout the duration of the tenancy.
2. The parties agree that Tenant shall occupy the Property following closing in its
then lias is" condition, and that City shall not be obligated to maintain or repair the
property in any way. In the event of damage to the property that would make the
property uninhabitable by Tenant, the Tenant shall have the option of repairing
such damage at Tenant expense, or the City may terminate this rental agreement,
transfer all unearned trust funds to Tenant and both parties shall thereafter be
released from any further obligations or liability hereunder.
3. Tenant shall be solely responsible for payment of the costs of all utility services
to the Property during the term of this agreement, including but not limited to water,
sewer, electric, gas and telephone.
4. Prior to vacating the Property Tenant shall properly dispose of all paint, waste
oil and petroleum products, and all other wastes and materials which are defined as
"toxic or hazardous materials" by the Comprehensive Environmental Response,
Compensation and Liability Act ("CERCLA") or any other State or Federal
environmental laws. Tenant warrants that no such materials or wastes shall be
disposed of onto the Property or disposed of into the sanitary or stormwater
systems of the City of Clearwater. Tenant shall provide City with copies of disposal
manifests for any hazardous materials that shall require manifesting.
.
6. In the event of Tenant default under any term or condition of this agreement,
the City may immediately recover possession of the property as provided by Law,
retain all trust funds, and seek additional monetary damages, if applicable, including
attorneys fees.
IN WITNESS WHEREOF, the parties have placed their hands and seals hereto this
day of , 2001.
Page 2 of 3
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~obert [, Smith
/JJ~~}j~
argaret Smith
------------------------------------------------------------------------------------------------------------------------
Countersigned:
issioner
Approved as to form:
~c~
a Hayman
As istant City Attorney
. .
flv
CLEARWATER, FLORIDA
By.
William B. Horne, II
Interim City Manger
Attest:
Page 3 of 3
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APPROVED AND ACCEPTED this
day of August, 2001.
Countersigned:
FLORIDA
,.
; Brian J.
Mayor-Co
BY.
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'Wi lliam B.m H()rfi~; II
City Manager
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./ppr..o.v.e. d.... as to. ~.or.m. .. '.. .
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"J e C. Hayman .
Assistant City Attorney
ATTEST:
~Z.f-l .GC~ty Clerk
Cyn ia E. Goudeau,