CLEARWATER HOUSING AUTHORITY
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SF'T- 23, 1991 .l . 16F M
P:t-!ELLASCOUNTY FLA.
OFF.!J.EC.BK 76135 PG 1320
RECEIVED
NOV 0 1 1991
WARRANTY DEED
CITY CLERK 1/
THIS WARRANTY DEED made and executed the dO y~ day of September, 1991,
by the CITY OF CLEARWATER, FLORIDA, a Florida municipal corporation, existing
under the laws of the State of Florida, and having its principal place of
business at 112 S. Osceola Avenue, Clearwater, Florida 34616, hereinafter called
the grantor, to CLEARWATER HOUSING AUTHORITY, whose post office address is 210
~~~E)p~~~Wing Avenue, Clearwater, Florida 34616, hereinafter called the grantee:
D3 d (Wherever used herein the terms IIgrantorll and IIgranteell include all
IN1' the parties to this instrument and the heirs, legal representatives
r:;,cs and assigns of individuals, and the successors and assigns of
HIP ___ corporations.)
Jlie
REV ~2 WITNESSETH: That the grantor, for and in cons iderat ion of the sum of $1.00
_ and other valuable considerations, receipt of which is hereby acknowledged, by
TOTAL!) 6.()j these presents does grant, bargain, sell, alien, remise, release, convey and
/0 confirm unto the grantee, all that certain land situate in Pinellas County,
r Florida, viz:
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Lots 5, 7 and 8, Block G, Plaza Park Subdivision, according to the
map or plat thereof as recorded in Plat Book 5, Page 53, of the
public records of Hillsborough County, Florida, of which Pinellas
County, Florida, was formerly a part.
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.
SUBJECT TO the following restriction: Grantee, or its successor in title
and interest, shall commence and complete construction of three (3) new single
fami~y homes, one on each of Lots 5, 7, and 8 described herein, not later than
September 20, '1994. The title to any lot(s) upon which construction is not
commenced and 'completed within the time allowed by this restriction shall
immediately thereafter revert back to the City of Clearwater, Florida. This
restriction shall be included in each deed conveying title from the grantee to
its successors in title and interest until such time as grantor, the City of
Clearwater, shall have released grantee and its successors in title and interest
from this restriction, or until September 20, 1999, whichever occurs first.
AND the grantor hereby covenants with said grantee that it is lawfully
seized of said land in fee simple; that it has good right and lawful authority
to sell and convey said land; that it 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.
IN WITNESS WHEREOF, the grantor has caused these presents to be executed
in its name, and its corporate seal to be hereunto affixed, by its proper
officers thereunto duly authorized, the day and year first above written.
[i~::ed'
Mayor-Commissioner
By:
Approved as to form
and correctness:
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<e rJ.~t: / COASTAL BONDED TITLE CO.
iV, OF CLEARWATER
, Phone 442-9671
501 S, Ft. Harrison, Suite 203
CLEARWATER. FLORIDA 34616
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Documentary Tax Pd. $
$ IntangIble Tax Pd"
Karleen r-. Do ~I~~~k. Plnells8 County
BV , Deputy marV,
KARLEEN F. DEBLAKER, CLERK
RECORD VERIFIED BY:
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I PINELLAS COUNTY FLA.
OFF.REC.BK 7685 PG 1321
STATE OF FLORIDA )
COUNTY OF PINELLAS )
BEFORE ME personally appeared Rita Garvey, Michael J. Wright" M. A.
Galbraith, Jr., and Cynthia E. Goudeau, to me well known, and known by me to be
the individuals described in and who executed the foregoing instrument as Mayor-
Commissioner, City Manager, City Attorney and City Clerk, respectively, of the
above-named City and that the seal affixed to the foregoing instrument is the
City seal of said City and the said instrument is the free act and deed of said
City.
seal this dO Y-~
day of September, 1991.
Ausanio
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DOC STAMPS
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:/~:~~T:: B;~OEO TITLE CO
O~ (:1 "1\:lWA TER .
Prli ':'9671
501 S, Fl I / iSdn, Suite 203
CLEARWAH.R, FLORIDA 34616
INST * 91-258266
SPT 23, 1991 1:16PM
I P I NELLA!;' C
OFF.REC,BKa, O~NTY FLA.
768,J F'G 1322
WARRANTY DEED
THIS WARRANTY DEED made and executed the (~CJ .:/, day of September, 1991,
by the CLEARWATER HOUSING AUTHORITY, whose address is 210 Ewing Avenue,
Clearwater, Florida 34616, hereinafter called the grantor, to PINELLAS HABITAT
FOR HUMANITY, INC., whose address is 1150 49th Street North, St. Petersburg,
Florida 33710, hereinafter called the grantee:
0! n.E:,~;:-?U.T(). ~; (Wherever used herein the terms IIgrantorll and IIgranteell include,all
T"~ ___fL:-~ the parties to this instrument and the heirs, legal representatlVes
fad and assigns of individuals, and the successors and assigns of
_. T corporat ions. )
~;E: ==-~~ WITNESSETH: That the grantor, for and in consideration of the sum of $1.00
l'/!F and other valuable considerations, receipt of which is hereby acknowledged, by
I' I~ --these presents does grant, barga in, sell, alien, remi se, release, convey and
F~~V __-=conf~rm un~o the grantee, all that certain land situate in Pinellas County,
Florlda, VlZ:
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Lots 5, 7 and 8, Block G, Plaza Park Subdivision, according to the
map or plat thereof as recorded in Plat Book 5, Page 53, of the
public records of Hillsborough County, Florida, of which Pinellas
County, Florida, was formerly a part.
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.
SUBJECT TO the following restriction: Grantee, or its successor in title
and interest, shall commence and complete construction of three (3) new single
family homes, one on each of Lots 5, 7, and 8 described herein, not later than
September 20, 1994. The title to any lot(s) upon which construction is not
commenced and completed within the time allowed by this restriction shall
immediately thereafter revert back to the City of Clearwater, Florida. This
restriction shall be included in each deed conveying title from the grantee to
its successors~in title and interest until such time as grantor, the City of
Clearwater, shall have released grantee and its successors in title and interest
from this restriction, or until September 20, 1999, whichever occurs first.
AND the grantor hereby covenants with said grantee that it is lawfully
seized of said land in fee simple; that it has good right and lawful authority
to sell and convey said land; that it 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.
The property being conveyed shall carry the following deed restriction:
Buyer shall commence and complete construction of three (3) new single family
homes, one on each lot being conveyed, within three (3) years of date of closing.
Any lot(s) upon which construction is not commenced and completed within the time
allowed by this restriction shall immediately thereafter revert ownership back
to the City of Clearwater, Florida.
IN WITNESS WHEREOF, the grantor has caused these presents to be executed
in its name, and its corporate seal to be hereunto affixed, by its proper
officers thereunto duly authorized, the day and year first above written.
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Board of Directors
STATE OF FLORIDA
COUNTY OF PINELLAS
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KARLEEN F. DEBLAKER, CLERK
RECOF.m VERIFIED BY: ~
BEFORE ME personally appeared Howard G. Groth, to me well known and known by me
to be the Chairman of the Board of Directors of the agency named in the foregoing
instrument, and she severally acknowledged before me that she executed the same
on behalf of and in the name of said agency for the purposes herein expressed.
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and official seal this 0< 0
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day of September, 1991.
boromentarv Tex' PiJ. f ,... t ()
t Intangible Tax Pel.
t:."fb'if\ r, Do E1la!-.of, CI'f. 'nolla;; County
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Audrey R. Rochester
. . .oARTlES,;,
LIlY Ur CLtAkWAlck, fLUklUA
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10 South MISSOUri A~nue, Clearwater, J-I. ;j4b11j (Phone 462-6880
,CLEARWATER HOUSING ,..,. THOR !TV /-. I \ , ("Buyer' I
{,~ 210 Ewing Avenue, Clearwater, FL346'1~ (Phone 461-5777 )
lerebY agree that the Seller shall sell and Buyer shall buy the following real property ("Rem Property") and personal property ("Personaltv") (colleclrvely "Property") upOn the fOllow"
erms and COndllronS whICh INCLUDE the Standards lor Real Estate TransacllOf'ls prlnled on th\everse or attached ("Standarols)') and any ndd~ndum to lhls Instrument
, DESCRIPTION: (al Leaal deSCription of Real Prqperty. loc~ted In Pine II as. ~nty, Florida (
Lots 0, 7 and 8, Block 0, PLAZA PARK SUBDIVISION, according to the map or
plat thereof as recorded In Plat Book 5, Page 53, Public Records/of
Hlllsborough County, 1-1., Of which Plnellas County, Fl. was formerly a part.
o 12 14 P S re t Clearwate Fl. 34615
IOd
(b)
(c)
Street address, city, zip, of the Property is:
Personalty: None
:1. PURCHASE PRiCE.... ,.""..,., "..,..,.. ,."" ,.,......., ". ,.,..,.......,., ,., ,.,.,....., .,. ",.,.,.."",.."", ,.. ,., "...,.., "....., "..".', ,....$
PAYMENT:
1.00
(a) Deposit(s) to be held in escrow by
(b) Subject to AND assumption of mortgage in good standing In favor of
in the amount of
$
having an approximate present principal balance of $
(c) Purchase money mortgage and morlgage note bearing annual Interest at "f. on terms set lorth herein, in amount of ...".:., ,$
(d) Other: $
(e) Balance to close (U.S, cash, LOCALLY DRAWN certified or cashier's check), subject to adjustments and prorations, ...... ,_. ........ ,... $
It, TIME FOR ACCEPTANCE; EFFECTIVE DATE: If this offer is not executed by and delivered to all parties OR FACT OF EXECLlTION communicated in wriling between the partie:
'" or belore September 13, 1991 , the deposit(s) will, at Buyer's option, be returned to Buyer and the ofler withdrawr
he date oi this Contract ("Effective Date") will be the date when the last one of the Buyer and the Seller has signed this offer.
V. FINANCING: (a) If the purchase price or any ~iA.Of it is to be financed by a third party loan, this Contract lor Sale and Purchase ("Conlract") is condilioned on the Buye!
~lall1rng a wrilten commilment for the loan wilhin days from Effective Date, at an initial interest rate not to exceed "to; term 01 years
,nd in the principal amount of $ . Buyer will make application wilhin days lrom Effective Dale, and use reasonable diligence 10 obtain the loan com,
1itent and, thereafter. to meet the terms and condilions of the commitiment and to close the loan. Buyer shall pay all loan expenses. If Buyer fails to obtain the loan commitment and,
)[omptly notifies Seller in writing, or after diligent effort fails to meet the terms and conditions of the commitment or to waive Buyer's rights under this subparagraph within the limE
'tated for obtaining the commitment, then either party may cancel the Contract and Buyer shall be refunded the depOsit(s).
(b) The existing mortgage described in Paragraph lI(b) above has (CHECK (1) OR (2)): (1) 0 a variable interest rate OR (2) 0 a fixed interest rate 01 % per annum
~t time of title transfer some fixed interest rates are subject to increase, If increased, the rate shall not exceed % per annum, Seller shall, within
:ays from Effective Dale, furnish a statement from all mortgagees stating principal balances, method of payment. interest rale and status of mortgages, If Buyer has agreed to assumE
, mortgage which requires approval of Buyer by the mortgagee for assumption, then Buyer shall promptly obtain all required applications and will diligently complele and return then'
J the mortgagee. Any mortgagee charge(s) not to exceed S shall be paid by (if not filled in, equally divided). If the Buyer is not acceptet
'Y mortgagee or the requirements for assumption are not in accordance with the terms 01 the Contract or mortgagee makes a charge in excess 01 the stated amount, Seller 0'
,luyer may rescind this Contract by prompt written notice to the other party unless either elecls to pay the increase in interest rate or excess mortgagee charges. , '
I. TITLE EVIDENCE: At least ~ days before closing date, Seller shall. at Seller's expense, deliver to Buyer or Buyer's attorney, In accordance with Standard A, (Check (1
)r( 2)): ( 1)0 abstract 01 title OR (2) 0 title insurance commitment.
'1. CLOSING DATE: This transaction shall be closed and the deed and other closing papers delivered on 9-20-91 ,unless extended by other, provisions 01 Contract
'II. RESTRICTIONS: EASEMENTS; LIMITATIONS: Buyer shall take title subject to: zoning, restrictions, prohibitions and other requirements imposed by governmental authority: restrictions
:lCf matters appearing on the pial or otherwise common to the subdivision; public utility easements of record (easements are to be located contiguous to Real Property lines ant
Jl more than 10 feet in width as to the rear .or front line.s and 7'h feet in wi~11 jls tA)dlJ!! ~Jil,li~s, unless otherwise specified herein); taxes for year of closing and subseQuen:
2ars; assumed mortgages and purchase money mortgages, If any; other: ~~~ A_~IIUU"I
1.00
'ovided, that there exists at closing no violation of the foregoing and none of them prevents use of Real Property for sing] f' f rim i lyre s i rI ent i a 1 purpose(s)
'III. OCCUPANCY: Seller warrants 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
'lereol shall be staled herein, and the tenant(s) or occupants disclosed pursuant to Standard F. Seller agrees to deliver occupancy of Property at time of closing unless otherwise
:ated herein. If occupancy is to be delivered before closing, Buyer assumes all risk of loss to Property from date of occupancy, shall be responsible and liable lor maintenance Irom
lat date, and shall be deemed to have accepted Property in their existing condition as of time of taking occupancy unless otherwise stated herein or in a separate writing.
X. TYPEWRITTEN OR HANDWRITTEN PROVISIONS: Typewritten or handwritten provisions shall control all printed provisions of Contract in conflict with them.
INSULATION RIDER: If Contract is utilized for the sale or a new residence, the Insulation Rider or equivalenl may be attached.
:1. COASTAL CONSTRUCTION CONTROL LINE ("CCCL") RIDER: If Contract is utilized for the sale of Property affected by the CCCL, Chapler 161, F,S., (1985), as amended,
,all apply and the CCCL Rider or equivalent may be attached to Ihis Contract.
:11. FOREIGN INVESTMENT IN REAL PROPERTY TAX ACT ("FIRPTA") RIDER: The parties shall comply with the provisions of FIRPTA and applicable regulations which coule
;quire Seller to provide additional cash at closing to meet withholding requirements, and the FIRPTA Rider or equivalent may be attached to this Contract.
:11I. ASSIGNABILITY: (CHECK (,1) or (2)): Buyer (1) 0 may assign OR (2) [2l: may not assign Contract.
:IV. SPECIAL CLAUSES: (CHECK (1) or (2)): Addendum (1) ~ is attached OR (2) 0 is riol applicable,
THIS IS INTENDED TO BE A LEGALLY BINDING CONTRACT.
IF NOT FULLY UNDERSTOOD, SEEK THE ADVICE OF AN ATTORNEY PRIOR TO SIGNING.
THIS FORM HAS BEEN APPROVED BY THE FLORIDA ASSOCIATION OF REALTORS AND THE FLORIDA BAR.
Approval does nol constitute an opinion that any 01 the tenns and conditions in this Contract should be accepted by the parties in a particular transaction, Terms
and conditions should be negotiated based upon the respecfive interests, obiectives and bargaining positions 01 all in/erested persons.
COPYRIGHT 1988 BY THE FLORIDA BAR AND THE FLORIDA ASSOCIATION OF REALTORS, INC.
AS A CONVENIENCE OF THE TRANSACTION, fVliftTiES tiE-REfo- ACKNCWLEDGE THAT EXECUTION OF "ADDENDUM
AND ACCEPTANCE" ATTACHED HERETO CONSTITUTES FULL ACCEPTANCE OF THIS CONTRACT FOR SALE & PURCHASE
Date Date
(Buyer)
(Seller),
):::ial Security or'Tax LD, II
.~cial Security or Tax 1.0. II
Date
Dale
(Buyer)
(Seller)
lcial Security or Tax LD, II
Social Securily or Tax 1.0, II
'posit(s) under Paragraph II received: IF OTHER THAN CASH, THEN SUBJECT TO CLEARANCE. N/ A (Escrow Agonl)
lOKER'S FEE: (CHECK & COMPLETE THE ONE APPLICABLE) By: N/ A
) IF A LISTING AGREEMENT IS CURRENTLY IN EFFECT: N/ A '.
Seller agrees to pay the Broker named below Including cooperating sub-agents named, according to the terms 01 an existing, separate listing agreement:
1 '
1 IF NO LISTING AGREEMENT IS CURRENTLY IN EFFECT:
Seller shall pay the Broker named belO"'"'jt time of CloSing, from Ihe disbursements of the proceeds of the sale, compensation in the amount 01 (COMPLETE ONLY ONEl
_ % of gross purch3se price OR $ 1'l_A , lor Broker's services in effecting the sale by find'ng the Buyer ready, willing and able 10 purchase pursu3nt to the foregoinp
'ntracl. If Buyer I8Ils 10 perform and deposit(s) is retained, 50% thereof, but not exceeding the Broker's fee ,above provided, shall be paid Broker, 8S full consideralion for Broker's
'vices including costs expended by Broker, and the balance shall be paid 10 Seller. If the transaction shall not close because 01 refusal or failure 01 Seller to perform, Seller Shilll
I the full fee 10 Broker on demand, In any litigation arising out of the Contmct concerning the Broker's fee, the prevailing party shall recover reasonable allorney fees and costs
(lirm name 01 Broker)
(name 01 cooperating sub-agent)
(Seller)
lauthonzed signatory I
(Seller)
RIDERS CAN BE OBTAINED FROM THE FLORIDA ASSOCIATION OF REALTORS OR THE FLORIDA SAR.
I
I
"
STANDARDS FOR REAL ESTATE TRANSACTIONS
EVIDENCE OF TITLE: (1) An :Jbgtract of title prepar"d or brouCJl1t current by II reputable 1lI1d existing abstract firm (if not exisling Ihen certified ns correct by an existing fir'
':>'''III'g to be nn "ccurilte synOPSIS of the Instruments affechn') htle to Real Property recorded in the public records 01 the county wl1ere,,' Real Property is loc<lted, tl1rough Effectl
,!e ;,nd wl1lcl1 sl1illl commence wltl1 the ,earliest publtc records, or SUCh later date ns may he cuslommy in the county, Upon closing 01 this IransachOll Ihe abslmct shall beco"
. ploperty 01 Buye., subl"ct to the rigl1\ of retenllon Ihereof by hrst mortgagee unltl fully paid, (2) A IttlP. insumnce commitment issued by a Florida licensed title insurer agree;
Issue to Buyer, upon rec0rolng of the deed to Buyer, an owner's policy of title insurance in the amount of the purch:lse price, insuring Buyer's title to Reat Properly, subject or
hens, encumbrnnces, exceptions or Qualification set forth in Ihis Contract and those which shall be discharged by Seller at or before closing, Seller shall convey a marketat
~ sUbJect only 10 liens, encumbrancE'S, exceptions or Qualifications set forth in Contract. Marketable title shall be determined according to appltcilble Title Stnndards adopted I
'''''rrty of The Florida Bar and in accorrl:mce WIth fnw, Buyer shall have 30 ck,ys, if abstracl, 01 5 days, il title commitment, from, dale of receIving evidence 01 litle 10 exam!:
'I tille is found delective, Buyer shall, wilhin 3 days, nolify Seller in writing specifying defect(s), If the delecl(sl render title unmarketable, Seller will have 120 days from recel
"'Jlice within which to remove the defect(s), laili(lg which Buyer shall have Ihe option of either accepting the title as it then is or demanding a relund of dcpasil(s) paid whi"
]11 imm"!dbtely be retumed to Buyer; thereupon Buyer and Seller shall relense one another of <Ill lurther oblig<llions under the Contract. Seller will, if title is lound unmmket<lb
~ diligent effort to correct delect(sl'" title within the lime provided Iherelor, includll1g the bringing 01 necessary suits
PURCHASE MONEY MORTGAGE: SECURITY AGREEMENT TO SELLER: A purch<lse money mortgage and mortgage note 10 Seller shnll providp. lor a 30 day grace period
, event of delault il a first mortgage and a 15 day grace period if a second or lesser morlgage; shall provide for right of prepayment in whole or in part without penalty; sh
nermit acceleration or int"!resl adJustment in event or resale Of Real Property, shall require all prior lien anrJ encumbrances to be kept in good standlllg and lorbid modlficatioi
0r luture advances under prior mortgage(s); and the morlgage, note and security agreemenl shnll be otherwise in lorm and content required by Seller; but Seller may only reQui
Jses customarily found in mortgages, mortgage notes, and security agreements gener;:tlly ulililed by snvlnq and I.oan inslitutions, or slate or national banks located in Ihe COllll'
r:r'lin Real Property IS located, All Personalty and leases bell1g conveyed or assigned will, al Seller's option, be subject to the lien o! a security agreemelll evidp.nced by record,
lncing statements, If a balloon morlgage, Ihe final payment will exceed the periodic paymenls thereon.
SURVEY: Buyer, nl Buyer's expense, within time <lltowed to deliver evidence of tilte and to examine same, may have Real Properly surveyed and certified by a regislered Fto",
veyor. If survey shows encroa:llmenl on Real Property or Ihnt improvements localed on Real Property encrOJch on setback lines, easements, lands of others. or violate any restrictio.
,'tract covennnts or applicnble governmental regulation, the same shalf consli,tute a title delect.
TERMITES: Buyer, at Buyers expense, within 1tme allowed tc deliver eviden;;;e 01 title and to examine snme, may hnve Reaf Properly i"specled by n Florida Certified Pest Coni.
<Jrator 10 d"terrnine if there IS any visible aclive termite inte; tahon or visible exisling" damage from termite infeslation in the improvements. II either or both are found, Buyer \',
:? 4 days Irom date of writlen notice Ihereol. wilhin whIch to have all damages; wl1ether visible or not, in spec led and estimated ~ a licensed builder or general contr;lctor, Sel'
,II pay vnlid costs 01 Ireatment ;lnd repair of all damage up to 2% rf' pUrch,3se-,price: Should sllch costs exceed Ihat amounl, Buyer shall have the option of cancelling Contr:>
'1111 5 d;lyS <liter receipt 01 contractors repair estimate by giVing wr!t,ten'.notice"to'Seller or Buyer may elect to proceed with the transaclion, in which event Buyer shall recei..
.edlt at closing of an amount equal to the tolal 01 the trealment and repair estimale not in excess 01 2% 01 the purChase price. "Termites" shall be deemed to include alf woe
:"0ying org:lIlisms required to be reported under the Florida Pesl Controt Act
INGRESS AND EGRESS: Seller warranls and represents that Ihere is ingress and egress to the Real Property sufficient lor the inlended use as described in Paragraph VII here(
: j" which is in accordance wilh Slandard A.
!.EASES: Seller shall, not less than t5 days belore closing, lurnish 10 Buyer copies 01 all wrillen lenses and estoppel letters from each tenant specifying the nature and durali,
;I;~ tenani's occupancy, renlal rates, advanced rent and security deposits paid by tenant. If Seller is unable 10 obtain such leller from each tenant, Ihe same inlormation shall t
1.!'hed by Seller to Buyer within that lime period in Ihe lorm of a Seller's affidavit, and Buyer may Iherealler contact lenants 10 confirm such information. Seller shall, at closin
:ver and assign all original leases to Buyer,
LIENS: Seller shall furnish to Buyer at time of closing an affidavit attesting 10 the absence, unless otherwise provided lor herein, of any financing statements, claims 01 lien (
'o.,'ial lienors known 10 Seller and lurther allestingthat there have been no improvements or repairs to Property tor 90 days immediately preceding date of closing, If Proper!
, ,~en improved, or repaired within lhal time, Seller shall deliver releases or waivers of mechanics' liens execuled by all general contractors, subcontractors, suppliers, and materia 1m"
,:. !ilion 10 Seller's lien affidavit selling forth Ihe names of all such general contractors, subcontractors, suppliers and materialmen and further affirming that all charges for improvemen,
erairs which could serve as a basis lor a mechanic's lien or a claim for damages have been paid or will be paid at closing,
"LACE OF CLOSING: Closing shall be held in.lhe counly where Real Property is located, at the office Of the allorney or other closing agent designated by Seller,
":~~E: Time is of the essence of this Conlract. Time periods herein of less Ihan, 6 days shall in Ihe computation exclude Saturdays, Sundays and stale or national legal holiday:
,Iy t"ne period provided lor herein which shall end on Salurday, Sunday or legal holiday shall exlend 10 5:00 p,m, of the next business day.
CUMENTS FOR CLOSING: Seller shalf furnish deed, bill 01 sale, mechanic's lien affidavit, assignments 01 leases, lenanl and mortgagee estoppellellers, and correclive instrumelll'
I shall furnish closing stalement, mortgage, morlgage nole, security agreement, and linancing statements,
.:vPENSES: Documentary slamps on the deed and recording corrective instruments shall be paid by Seller, Documentary stamps, intangible tax and recording purchase mo""
':~aQe to Seller, deed and financing stalemenls shall be paid by Buyer.
oh.)RATlONS; CREDITS: Taxes, assessments, rent, Interest. insurance and other expenses and revenue of Properly shall be prorated lhrough day before closing. Buyer shallhav
option of taking over any existing pOlicies of insurance, if assumable, in which even I premiums shall be proraled. Cash at Olosing shall be increased or decreased as may t
Jired by prorations. Prorations will be made through day prior to occupancy 1/ occupancy occurs belore closing, Advance rent and security deposils will be credited to Buyer an
;row deposils held by mortgagee will be credited to Seller.. Taxes shall be prorated based on Ihe current year's tax with due allowance made lor maximum allowable discoun
,eslead and olher exemptions. If closing occurs at a, date when the currenl year's millage is not fixed, and current year's assessment is available, taxes will be prorated base
,n such assessment and the prior year's millage. If current year's assessment is not available, Ihen taxes will be prorated on Ihe prior year's lax, 1/ there are completed improvement
Real Property by January 1st of year of closing which improvements were not in exislence on January 1st 01 Ihe prior year then taxes shall be proraled based upon the pri~
,'s millage and at an eQuitabte assessment to be agreed upon between Ihe parties, tailing which, reQuesl will be made 10 the' County Property Appraiser for an inlormal assessmer
:19 into consideration available exemptions. Any tax proration based on an estimale may, at request 01 either Buyer or Seller, be subsequently readjusled upon receipt 01 tax b;
:ondition that a statement to that ellect is ,in the closing stalement.
SPECIAL ASSESSMENT LIENS: Certified, confirmed and ralilied special assessment liens as 01 date of closing (and not as 01 Effective Date) are to be paid by Seller. Pendin
, as of date 01 closing shall be assumed by Buyer. If the improvement has been subslantially completed as of Effective Dat~, such pending lien shall be considered as certilier.
iirmed or ratified and Seller shall, at closing, be charged an amount equal 10 the last eslimate 01 assessment for the improvement by Ihe public body.
!NSPECTlON, REPAIR AND MAINTENANCE: Seller warrants that, as 01 10 days prior 10 closing, the ceiling, roof (including the lascia and soffits) end exlerior and interior wall'
'01 have any VISIBLE EVtDENCE 01 leaks or water damage and that the septic tank, pool, all major appliances, heating, cooling, electrical, plumbing systems and machinery ar
"ORKING CONDITION. Buyer may, at Buyer's' expense, have inspections made of those items by an approprialely Florida licensed person dealing in the construction, repair c
'lenance of those items and shall report in writing 10 Seller such items that do. not meet the above standards as to delects together with the cost of correcting them, prior "
.,r's occupancy or not less than 10 days prior 10 closing, whichever occurs first. Unless Buyer reports 'such delects within Ihal time Buyer shall be deemed-to have waived Seller'-
"anties as to delects not reported, II repairs or reptacement are required, Seller shall pay up to 3% 01 the purchase price lor such repairs or replacements by an appropriatel,
'da licensed person setected by Seller. II the cost for such repairs or replacement exceeds 3% 01 the purChase price, Buyer or Seller may elect 10 pay such excess, failing whic'
~r party may cancel this Contract. If Seller is unable to correct the delects prior 10 closing, the cost thereof shall be paid into escrow at closing. Seller will, UpOI1 reasonabl.
:e, provide utilities service for inspections. Between Efleclive Date and the closing, Seller shall mainlain Property including but nol limited to the lawn and shrubbery, in thE' conditic:
:in warranled, ordinary wear and tear excepted. Buyer shall be permitted access tor inspeclion Of Property prior to c1o~ing in order 10 confirm compliance with Ihis Standarc
~ISK OF LOSS: " the Properly is damaged by fire or other casualty belore closing and cost of re,storation does not exceed 3% of the assessed valuation of the Property s'
'<!?ed, cosf ot restoration shall be an obligation of the Seller and closing shall proceed pursuant to the terms of Conlract with restoration costs escrowed at closing, " the CO!
~storation exceeds 3% of the assessed valuation of the Improvements so damaged, Buyer shall have the oplion ot either taking Property as is, together with either the 3% c:
'nsurnnce proceeds payable by virlue 01 such loss or damage, or of cancelling Conlract alld receivil1g relurn or deposit(s).
'ROCEEDS OF SALE; CLOStNG PROCEDURE: The deed shall be recorded upon clearance of lunds. If abstract, evidence 01 title shall be continued at Buyer's expel1se 10 sho..
in Buyer, without any encumbrances or change which would render Seller's litle unmarketable Irom Ihe dale of Ihe tast evidence. Proceeds of the sale shall be held in escrov
,eller's allorney or by such olher mutually acceptable escrow agent for a period 01 not longer than 5 days from and aileI' closing dale. " Seller's title is rendered unrnarketabl,
Jgh no fault 01, Buyer, Buyer shall, within Ihe 5 day period, notify Seller in writing of Ihe defect and Seller shall have 30 days from date of receipt 01 such notificalion 10 cur,
jef"!ct. " Seller lails to timely cure the defect. all deposit(s) shall, upon written demand by Buyer and within 5 days after demand, be returned to Buyer and simullaneously wit'
repayment Buyer shall return Personally and vacnte Real Property and reconvey it to Seller by special warranty deed, " Buyer faits to make timely demand lor refund, Buye
take title as is. waiving all rights against Seller as to any intervening de feci except as may be available to Buyer by virtue of warranties contained in the deed. If a portio:
.~ purchase pricp. is to be derived 'rom institutional financing or refinancing, requirements of the lending institution as to place, time of day and procedures lor ctosing, and fo
~rsement or mortgage proceeds shall control over contrary provision in this Contract. Seller shall have the right to require from the lending institulion a written commitmel1t t1l~'
I "ot withhold diSbursement of mortgage proceeds as a resull of nny tille defect attributnble to Buyer-morlgagor. The escrow and closing procedure required by this Stan,jar,
;)~ waived if title agenl insures adverse mailers pursuant 10 Section 627,7841, F.S. (1987), as amended,
,:SCROW: Any escrow agenl ("~") receivil1g funds or equivalent is authorized and agrees by acceptance of them 10 deposit them promptly, hold same in escrow and, subjec
,;Jrance, disburse them in accordance with terms al1d conditions 01 Contract. Failure 01 clearance of funds shall not excuse Buyer's performance. If in doubt as to Agent's dutic
'bilities under Ihe provisions of Contract Agenl may, at Agent's oplion, continue 10 hold the subject matter Of the escrow until the parties mutually agree to its disbursemfm:
1:il a judgment of a court of compelent juriSdiction shall determine Ihe rights 01 the parties or Agent may deposit with the clerk 01 Ihe circuit COUl'l having jurisdiction of Ill'
;Ie, Upon notifying all P;ll ties concerned or such action, all liability on the part of Agent shall fully terminate, except 10 the extent or accounting lor any items previously deliver!),
J escrow," a licens!)d real estm€ broker, Agent will comply with provisions 01 Chapter 475, F.S, (19871. as amended. Any suit between Buyer and Seller where Agent is macl.
'!y because 01 acting as Agent hereul1der, or in any suit wherein Agenl in,lerpleads the subject mailer of the escrow, Agent shnll recover reasonable allorney's tees and cos"
'e,j with Ihe lees and costs to be charged and assessed as court costs in favor 01 the prevailing party. Parlies agree Ihat Agent shall not be liable 10 any parly or peisol
, ;;delivery to Buyer or Seller 01 items subject to Ihis escrow, unless such misdefivery is due to willtul breach of Contract or gross negligence of Agent
HORNEY FEES; COSTS: In any litigalion arising out of this Contracl, Ihe prevailing parly shall be el1titled to recover reasonable allorney's fees and costs.
,\ILURE OF PERFORMANCE: " Buyer lails 10 perform this Contracl within the lime speCified (including payment of all deposil(s)), the deposit(s) paid by Buyer may be retaine'
br the account 01 Seller as ngreed upon liquidated damages, consideration lor the execulion ot this Contract and in lull seltlemenl of any claims; whereupon, Buyer and Selll'
':'e r"!lieved of all obligatiol1s under Contract; or Seller, at Seller's option, /11ay proceed In equity to enforce Seller's rights under this Contract. If, for any reason other Ihan lailul1
:.!er 10 make Seller's tille marketable aileI' diligent effort, Seller Inils, neglecls or reluses to perform tllis Contract Ihe Buyer l1lay seek specific performance or elect to receiv1
"urn or Buyer's deposil(s) without thereby waivinQ .:lny action for damaqes resulling Irom Seller's hrenclt,
)NTRACT NOT RECORDABLE; PERSONS BOUND: NOTICE: Neither this Contract nor any notice of it shall be recorded in nny pllblic records, This Contract shall bind all
to the benelit 01 Ihe parties and their successors in inleres!. When"!ver tlte conlexl permits, singular shall inclllde plurnl and one gender shall include all. Nolice given by 0'
: ,}:t'~rney lor an\, Dally shall be, as r:ff8ct,v~ ", if ,]i'lf'n by 0r t~. 1'1~II1"rty,
:ltIVEYANCE: Seller sl1all c01''1ey till'? to RIlaf PrOP.:lrfy lJy st.,:,,'ory Warr,1I1ty, trush~e's, person,l' "~presenlaliw)'s or gU<lroiiln's deed, ;,\5 appropri",~' to the S:iltllS 01 SeliN, sub/,~r
:, milllers contained in PalarJral)h VII and thos~ otherwIS" J,;cI}p:erl I)y BlIY~r. P~fso)n,'lIy SllJII, I:1t "Nu<1sf 01 Buyer, be trJnslerred by In absolute bill 01 sate WI III warr,"11:.
;, sub,ect only 10 such mailers as may be otherWise prOVIded lor hel ein,
THER AGREEMENTS: No prior or present agreements or represent<ltions shall be binding upon BUYN or Seller unl,,!ss included in this Contracl. No modification or change il
"ntract :;11311 he v;llirJ or bil1dil1q upon the pnrlies ul1l")ss in'writi<19 and e"~cllted by 1I1P. party or pMlies inlendecl to be bOllnd by it,
IARRANTlE S: S"lIer warrants Ihnt there are no lacts kn0vm to Sell'?r materi'llly Jff8ctinq the v<llue 0f 1I1e neal Pronerty which Jre not renl1ily 0lls")rvable by BlIy"r or whic'
-.): been di3clo3ed to Buyer.
-..
,.
I
I
ADDENDUM AND ACCEPTANCE
TO THAT CERTAIN CONTRACT FOR SALE AND PURCHASE dated
, 1991 by and between CITY OF CLEARWATER, FLORIDA, as
"Seller", and CLEARWATER HOUSING AUTHORITY, as "Buyer", regarding
property legally described as Lots 5, 7 and 8, Block G, PLAZA PARK
SUBDIVISION, according to the map or plat thereof as recorded in
Plat Book 5, Page 53, Public Records of Hillsborough County,
Florida, of which pinellas County, Florida was formerly a part.
TO WIT:
1) Paragraph V (Title Evidence) shall be amended as follows:
Buyer, at Buyer expense and option, shall obtain title report,
abstract of title, or title commitment not later than 7 days prior
to closing. If title is found defective, Buyer shall notify Seller
in accordance with Standard A and Seller agrees to attempt to cure
any title defects in a timely manner as provided in said Standard.
2) Upon closing of this transaction, Buyer shall simultaneously,
and by appropriate deed, convey title to the properties described
herein to PINELLAS HABITAT FOR HUMANITY, INC. for the sum of $1.00
and other valuable consideration; said deed to carry with it the
following deed restriction: Buyer shall commence and complete
construction of three (3) new single family homes, one on each lot
being conveyed, within three (3) years of date of closing. Any
lot(s) upon which construction is not commenced and completed
within time allowed by this restriction shall immediately
thereafter revert ownership back to the CITY OF CLEARWATER,
FLORIDA.
3)parties hereto acknowledge acceptance of all provisions of
Contract For Sale And Purchase, and any attachments thereto. Any
changes made in printed or typewritten provisions of the agreement
are indicated in handwriting and initialed by the parties.
IN WITNESS WHEREOF, the parties hereto have executed this
agreement the day and year first above written.
CITY OF C~f~R~AT!R,
BY:~
Michael J.
City Manage
A (Seller)
Rita Garvey,
Mayor-Commissioner
Approved as to form and
correctne
Attest:
~"'
~Z.'~~~
C~ hia E. ~oude~u,
Cl ty Clerk' I
CLEARWATER HOUSING AUTH~~Y (~uyer)
BY:W~
Howard G. Groth, Chairman of
the Board of Directors
CLEARWATER HOUSING AUTHORITY
o E in Street Cl arwater Fl. 34618
PINELLAS HABITAT FOR UMANITY INC.
" 1150 49th Street No.. St. PetersburQ. Fl. 33710 (Phone
1E'rebY agree Ihat the Seller shall sell and Buyer shall buy the following real property ("Real Property") and personal property ("Personalty") (collectively "Property") upOn the follow;,
erms and condilions which INCLUDE the Standards lor Real Estate Transactions printed on the reverse or attached ("Standarcl\S)") ana any nddendum to this instrument.
(Phone
, ("&>lIer
461-5777 -
,("Buyer"
DESCRIPTION: (a) Legal description 01 Real Property located in Pine 11 as County, Florida
, .. Lot 5. 7 and 8. Block G, PLAZA PARK SUBDIVISION, accordin~ to the map or
plat thereof as recorded in Plat Book 5, Page 53, Public ecords of
Hillsborou h Count Fl., of which Pinellas Count, Fl. was formerly a part.
908. 912 and 914 Plaza Street, C earwater,
(b)
(c)
Streel address. city, zip. of lhe Property is:
Personally: Nnnp.
,I.
PURCHASE PRiCE,."..,.,..........,.,.........,....,......."..".,.,..,.".....,..........,.,...,.,....,....,...,....,..........,.,. ..,.,....,.....,...$
PAYMENT:
(a) Deposit(s) to be held In escrow by
(b) Subject to AND assumption of mortgage in good standing in tavor ot
1.00
,
in the amount ot
$
having an approximate present principal balance of $
(c) Purchase money mortgage and mortgage note bearing annual interest at % on terms set lorth herein, in amount of .......... $
(d) Other: S
(e) Balance to close (U.S. cash, LOCALLY DRAWN cerlified or cashier's check), subject to adjustments and prorations............:.......... $
II. TIME FOR ACCEPTANCE: EFFECTIVE DATE: If this ofter is not executed by and delivered to all parties OR FACT OF EXECU1'1DN communicated in writing between the partie'
Seotember 13. 1991
1.00
=ided, that there exists at closing no violalion of the foregoing and none 01 them prevents use ot Real Property for sing 1 e f am i I Y res i dent 1 a 1 purpose(sl.
'11I. OCCUPANCY: Seller warrants that there are no parties in occupancy other than Seller. but it Properly is intended to be rented or occupied beyond closing, the fact and term~
~reof shall be stated herein, and the tenanl(s) or occupants disclosed pursuant to Standard F. Seller agrees to deliver occupancy ot Property at time of closing unless otherwiSE
:ated herein. II occupancy is to be delivered before closing, Buyer assumes all risk of loss to Property from date ot occupancy, shall be responsible and liable for maintenance frorr
lat date, and shall be deemed to have accepted Property in their existing condition as of time of taking occupancy unless otherwise staled herein or in a separate writing.
X. TYPEWRITTEN OR HANDWRITTEN PROVISIONS: Typewritten or handwritten provisions shall control all printed provisions 01 Contract in conflict with them,
:. INSULATION RIDER: If Contract is utilized for lhe sale 01 a new residence. the Insulation Rider or eQuivalent may be attached.
:1. COASTAL CONSTRUCTION CONTROL LINE ("CCCL") RIDER: If Contract is utilized for the sale of Property affected by the CCCL. Chapter 161, F.S., (1985), as amended,
"'\811 apply and the CCCL Rider or eQuivalent may be allached to this Contract.
:11. FOREIGN INVESTMENT IN REAL PROPERTY TAX ACT ("FIRPTA") RIDER: The parties shall comply with the provisions of FIRPTA and applicable regulations which coulc
:QUire Seller to provide additional cash at closing to meel withholding reQuirements, and the FIRPTA Rider or equivalent may be attached 10 this Contract.
:11I. ASSIGNABILITY: (CHECK (1) or (2)): Buyer (1) 0 may assign OR (2) a may not assign Contract.
~IV. SPECIAL CLAUSES: (CHECK (1) or (2)): Addendum (1) [!g is atlached OR (2)0 is not applicable,
THIS IS INTENDED TO BE A LEGALLY BINDING CONTRACT.
IF NOT FULLY UNDERSTOOD, SEEK THE ADVICE OF AN ATTORNEY PRIOR TO SIGNING.
THIS FORM HAS BEEN APPROVED BY THE FLORIDA ASSOCIATION OF REALTORS AND THE FLORIDA BAR.
Approval does not constitute an opinion that any of the terms and conditions in this ConttaCt shoufd be accepled tJy the parties In a particular llansaction. Terms
and conditions should be negotiated based upon the respective interests. oo;ecfives and bargaining positions of al/ In/erested persons,
COPYRIGHT 1988 BY THE FLORIDA BAR AND THE FLORIDA ASSOCIATION OF REALTORS, INC,
AS A CONVENIENCE OF THE TRANSACTION, PARTfES HERtiO -AC"KffO~EDGE THAT EXECUTION OF IIADDENDUM AND
ACCEPTANCEII ATTACHED HERETO CONSTITUTES FULloa~CCEPTANCE OF THIS CONTRACT FOR SALE AND PURCHASE!)ate
(Buyer) (Seller)
):=ial Security or Tax 1.0, "
.~ial Security or Tax 1.0. "
Date
Dale
(Seller)
(Buyer)
lCial Security or Tax 1.0. "
Social Security or Tax 1.0, "
'pesit(s) under Paragraph II received: IF OTHER THAN CASH, THEN SUBJECT TO CLEARANCE,
.10KER'S FEE: (CHECK & COMPLETE THE ONE APPUCABLE) By:
J IF A LISTING AGREEMENT IS CURRENTLY IN EFFECT: N/ A . :
Seller agrees to pay the Broker named below, including cooperating sub-agents named, according to the terms 01 an existing, separate listing agreement:
N/A
N/A
(Escrow Agent)
~
! IF NO LISTING AGREEMENT IS CURRENTLY IN EFFECT:
Seller shall pay Ihe Broker named below at time 01 closing. 'rom Ihe disbursements of the proceeds of the sale, compensation in the amount 01 (COMPLETE ONLY ONE)
_ % of grosspurchnse price OR $ NI A , for Broker's services in effecting the sale by finding the Buyer ready, willing and able to purchase pursuant to the loregoino
"tracl. II Buyer fails to perform and depOsit(s) is retained, 50% thereof, but not exceeding the Broker's fee above provided, shall be paid Broker, es full consideration lor Broker's
'vices including costs expended by Broker, and the balance shall be paid to Seller. If the transaction shall not close because of relusal or failure 01 Seller to perform, Seller shnll
I the full lee 10 Broker on demand. In any litigation arising out or the Contract concerning the Broker's lee, the prevailing party shall recover reasonable atlorney fees and costs
(hrm name 01 Broker)
(name 01 CooPerating sub-agenO
(Seller)
lauthonzed sIgnatory)
( Seller)
RIDERS CAN BE OBTAINED FROM THE FLORIDA ASSOCIATION OF REALTORS OR THE FLORIDA BAR.
I
I
..
STANDARDS FOR REAL ESTATE TRANSACTIONS
EVIDENCE OF TITLE: II) An ~b5tract 01 tille prepm",d or broll911t current by Ii reputable and existing abslrnct lirm (il nol existing then certilied as correct by an exisling lir'
':""11I19 to be 11I1 nccurilt" synOIlS's 01 lI,u "'slr"'"~nts affecti,,') title 10 R'?al Properly recorded in the public .ecords 01 the Counly whereIn Real Properly is locnle(!, Ihrough Effectl
'e ;In(1 WhlCt1 sl1,,1I COlllll1('nce Wl1l1 Ihe ea.tiest publrc records, or sllch later date as may he custom:lryin the cOllnty, Upon ctosing of this transaction the abstmct shall becor'
, Illoperty 01 Buye' , sub!!,ct 10 the riyht of retenlton Ihereol by firsl mortgagee unltl fully paId, (2) A till", insumnce commitment issued by a Florida licensed tille Insurer agreei
Issue to Buyer,upon rec(,rcJlng of Ihe deed to Buyer, an owner's policy of title insurance in the amount of the purChase price, insuring Buyer's title to Real Property. subject or
II(>n5, encumbrances, exceptions or Qualification set fOrlh in this Contrnct and those which sh:1I1 be discharged by Seller al Orbelore closing, Seller shall convey a marketaf
" subjecl onty 10 liens, encumbrances, exceptions or Qualifications sel torlh in Contract. Marketable title shall be determined according to applicable Title Standards adopted I
'hnrity 01 The Florida BM nnd in accorr1:lIlce With Inw Buyer shall have 30 days, if abstract, O' 5 dnys, if t,lIe commltmenl, from date of receIving evidence of title to examll
I IllIe is found defective, Buyer shall, within 3 days, notify Seller in writing specilying defecl(s), If t1lP. defecl(s) render title unmarketable, Sell..., will have 120 days' from recei
notice w,tllln which to remove Ihe delect(sl. laili(lg which Buyer sllall have Ihe option of either accepting tile title as it then is or demanding a relund 01 deposit(s) paid whi"
,II immedblely be relurned to Buyer; thereupon Buyer and Sell.~r SI1:\11 release. one :mother 01 nil furtller obligations under the Contract. Seller will, if tille is lound unmarkelab
" tliligent ellort to correct clelect(sl in lille wrlhin the time provided Illerelor, includIng the bringing 01 necessary suils
PURCHASE MONEY MORTGAGE: SECURITY AGREEMENT TO SELLER: A purChase money mortgage and morlqage note 10 Seller shall providp. for a 30 day grace periOd
, event of dcfaull if a firsl mortgage and a 15 day grace period il :J second or lesser mortgage; shall provide for right. of prepayment in whole or in part without penally; sh
nermit acceleration or interest adJustment in evenl of resale of Real Property; shall require all prior lien anr! encumbrances to be kept in good standing and forbid modificalio:
')r future advilnces under prior mortgage(s); ilnd the mortgage, note and securily agreement shall be otherwise in lorm and content required by Seller; but Seller may only reQllI
Jses customarily lound in mort~ages, mortgage notes, and security agreements generally utilized by soving and loon inslilutions, or slate or national bnnks localed in Ihe coun'
,,,c.nReal Properly IS located. All Personally and leases being conveyed or assigned will, at Seller's oplion, be subject to Ihe lien 01 a securrly agreement evidenced by record.
.lncing statements, " a balloon mortgage, the final payment will exceed the periodic payments Ihereon.
SURVEY: Buyer, ot Buyer's expense, within lime allowed to deliver evidence 01 title and to e.amine same, may have Real Properly surveyed and certified by a registered Flori,
v.?yor. If SlIrvey shows encroa:hment on Real Property or Ihat improvements localed on Real Property encronch on setback lines" easements, lands 01 others, or violate any reslrictio,
Iltract covenants or applicable governmental regulation, Ihe same shall constitute a title delect.
TERMITES: Buyer, at Buyer's expense, wilhin lime allowed tc deliver eviden~eof title and 10 examine same, may have Real Property inspecled by a Floridn Cerlified Pest Con"
era tor 10 determine if there is' any Visible active lermite inl<<la"on or viSible exislHl9.,damage lrom termite inleslation in the improvements, " either or both are lound. Buyer \"
:;> 4 days Irom date of wrrllen notice thereol, wilhin which to hilve all damages; wpether visible or not, inspecled and estimated ~ a licensed builder or general contr:Jctor, Sel:
,II pay vnlid costs 01 treatment and repair of all damage up to 2% .r:I' purch,~se-, p,rice: ShOuld such costs exceed Ihal amount, Buyer shall have Ihe option of cancelling Conlra
"in 5 days alter receipt 01 contractor's repair estimate by. giving wrjl.len'.notice"to Seller or Buyer may elect 10 proceed wilh the transaction, in which even I Buyer shall recei..
Jedit al closing of an amollnt equal to the lotal of the treatment and repair estimate nol in excess of 2% 01 the purchase price. "Termites" shall be deemed to include all \Voe
:',oying organisms required \0 be reported under the Florida Pest Control Act.
tNGRESS AND EGRESS: Seller warranfs and represents that there is ingress and egress 10 the Real Property sufficient for the intended use as described in Paragraph VII herec
: i,' which is in accordance wilh Standard A,
LEASES: Seller shall, not less than 15 days belore closing, lurnish to Buyer copies 01 all wrillen leases and estoppel lellers from each lenanl specifying the nalure and duratic
:I;~ lenant's occupancy, rental rales, advanced rent and security deposits paid by lenant. If Seller is unable 10 obtain SlIch leller lrom each lenant, Ihe same inlormation shall t.
ll~ed by Seller to Buyer within that time period in the form of a Seller's affidavit, and Buyer may therealler contact tenants to confirm such inlormation, Seller shall, at closin
:ver and assign all original leases 10 Buyer,
LIENS: Seller shall furnish to Buyer at time of closing an affidavit allesting 10 the absence, unless otherwise provided lor herein, of any financing statements, claims of lien r
'..,'ial Iienors known to Seller and further allestingthat there have been no improvements or repairs to Property for 90 days immedialely preceding date of closing, If Prolle,'
, aen improved, or repaired within Ihat time, Seller shall deliver releases or waivers of mechanics' liens executed by all general conlractors, subcontractors, suppliers, and materia In
;:. !ilion 10 Seller's lien affidavit selling lorlh the names of all such general conlractors, subconlractors, suppliers and materialmen and lurther affirming that all charges for improvem~,
erairs which could serve as a basis for a mechanic's lien or a claim for damages have been paid or will be paid at closing.
"LACE OF CLOSING: Closing shall be held in Ihe counly where Real Property is located, at the office of the allorney or other closing agent designated by Seller.
":!{E: Time is 01 Ihe essence of this Contract. Time periOdS herein of less than 6 days shall in Ihe compulalioll exclude Salurdays, Sundays and state or national legal holiday:
.\y P'ne period provided lor herein which shall end on Saturday, Sunday or legaf holiday sllall extend to 5:00 p,m, of the nexl business day.
CUMENTS FOR CLOSING: Seller shall furnish deed, bill of sale, mechanic's lien affidavil, assignments of leases, tenant and mortgagee estoppellellers, and corrective instrument!
I shall furnish closing statement, mortgage, mortgage nole, security agreement, and financing statements.
.~vPENSES: Documentary stamps on the deed and recording corrective instruments shall be paid by Seller. Documentary stamps, intangible tax and recording purchase mone
':flge to Seller, deed and financing statements shall be paid by Buyer,
on.)RATlONS: CREDITS: Taxes, assessments, rent, int",rest, insurance and olher expenses and revenue of Properly shall be prorated through day before closing. Buyer shall hav
option of taking over any existing policies of insurance, if assumable, in which event premiums shall be proraled. Cash at closing shall be increased or decreased as may t,
Jired by proralions. Prorations will be made through day prior to occupancy if occupancy occurs before closing, Advance rent and security deposils will be credited to Buyerc::
.row deposits held by mortgagee will be crt:dited to Seller, Taxes shall be prorated based on the current year's tax wilh due allowance made lor maximum allowable discou~
1estead and olher exemplions. " Closing occurs at a date when the current year's millage is not fixed, and current year's assessment is available, taxes will be prorated base
,n SlIch assessment and the prior year's millage, If current year's assessment is not available, then laxes will be proraled on the prior year's tax. II there are completed improvemenl
;:leal Property by January 1st of year 01 closing which improvements were not in existence on January 1st of the prior year then taxes shall be prorated based upon the prk
,'s millage and at an equitable assessment to be agreed upon between the parties, lailing which, request will be made to Ihe. County Property Appraiser lor an inlormal assessm!!r
"9 into consideration available exemptions. Any tax proration based on an estimale may, at request of either Buyer or Seller, be subsequently readjusled upon receipt 01 tax b;
:ondilion that a statement to thai effect is ,in the closing statement.
SPECIAL ASSESSMENT LIENS: Certified, confirmed and ratified special assessment liens as of date 01 closing (and not as of Effective Date) are to be paid by Seller. Pendin
; as of date of closing shall be assumed by Buyer. If the improvement has been substanlially completed as of Effective Dale, such pending lien shall be considered as certifiec.
firmed or ratified and Seller shall, at closing, be charged an amount equal to the last estimate of assessment for Ihe improvement' by the public body,
INSPECTION, REPAIR AND MAINTENANCE: Seller warrants that, as of 10 days prior to closing, fhe ceiling, roof (including the fascia and sollils) and exterior and interior waf!'
'ot have any VISIBLE EVIDENCE of leaks or water damage and that the septic tank, pool, all major appliances, heating, cooling, electrical, plumbing systems and machinery ar
VORKING CONDITION, Buyer may, at Buyer's' expense, have inspeclions made of those ilems by an approprialely Florida licensed person dealing in the construction, repair c
,tenanc,e 01 those items and shJII report in writing to Seller such items that do not meet the above standards as to defects togelher wilh the cosl of correcting them, prior t,
;;r's oC9upancy or not less Ihan 10 days prior to closing, whichever occurs first. Unless Buyer reporls'such defects within that lime Buyer shall be deemed 10 have waived Seller"
-'an ties as to delects not reported. II repairs or replacement are required, Seller shall pay up 10 3% of the purchase price lor such repairs or replacements by an appropriate I.
:da licensed person selected by Seller, II the cost for such'repairs or replacement exceeds 3% of the purchase price, Buyer or Seller may elect 10 pay such excess, failing whic'
~r parly may cancel this Conlract. II Seller is unable to correct the defects prior to closing, the cost thereol shall be paid into escrow al closing. Seller will, upon reasonabh
:e, provide utililies service for inspections, Belween Ellective Date and the closing, Seller shall maintain Property including but not limited to the lawn and shrubbery, in the conditio:
'in warranted, ordinary wear and tear excepted, Buyer shall be permitted access lor inspection of Property prior to clo~ing in order 10. confirm compliance with Ihis Standarc
'lISK OF LOSS: II the Properly is damaged by fire or olher casually belore closing and cost of resloration does not exceed 3"10 of the assessed valuation of the Property s'
'8?ed, cost 01 resloration shall be an obligation of Ihe Seller and closing shall proceed pursuant 10 the terms of Contract with restoration costs escrowed al closing, If the CO!
;;storation exceeds 3"10 of the assessed valuation of the improvements so damaged, Buyer shall have the option of either laking Properly as is, together with either Ihe 3% c
.nsurnnce proceeds payable by virlue of such loss or damage, or of cancelling Contract and receiving relurn 01 deposit(s).
'ROCEEDS OF SALE; CLOSING PROCEDURE: The deed shall be recorded upon clearance of funds, II abstract, evidence 01 title shall be continued at Buyer's expense 10 sho\'
in Buyer, without any encumbrances or change which would render Seller's tilie unmarketable from Ihe date of the lasl evidence. Proceeds of the sale shall be held in escrov
,eiler'S attorney or by such other mutually acceptable escrow agent for a period 01 not longer than 5 days 'rom and after cloSil19 date. If Seller's title is rendered unmarketabl~
Jgh no lault of Buyer, Buyer shall, within the 5 day period, notify Seller in writing 01 the delect and Seller shall have 30 days from dale of receipt of such notification 10 cur,
jefect. II Seller fails to timely cure the delect, all deposit(s) shall. upon wrillen demand by Buyer and within 5 days after demand, be relurned 10 Buyer and simultaneously wil'
repayment, Buyer shall return Personally and vacale Real. Properly and reconvey it to Seller by special warranly deed. II Buyer fails 10 make timely demand for relund, Buye
lake title as is, waiving all righls against Seller as 10 any intervening detect excepl as may be avaitable to Buyer by virtue of warranlies contained in the deed. If a porlio:
-e purchase price is 10 be derived Irom institulional financing or refinancing, requirements of 1I1e lending institution as to place, lime 01 day and procedures for closing, and 10
,rsement of m')rtgage proceeds sllall conlrol over conlrary provision in this Conlrac;L Seller shall have Ihe right to require from the lending inslitution a written commitment 1113
I "01 wilhhold disbursement 01 mortgage proceeds as a result 01 nny tille defect attributable to Buyer-mortgagor. The escrow and closing procedure required by thIS StanlJar.
:)~ waived if lille agent insures adverse mailers pursuanlto Section 627.7841, F.S. (1987), as amended,
,SCROW: Any escrow agenl ("~") receiving funds or equivalent is authorized and agrees by acceptance of them 10 deposit them promptly, hold same in escrow and, sub;ec
,,,,,ance, disburse tllem in accordance with lerms and conditions of Contract. Failure of clearance of funds shall not excuse Buyer's perlormance, II in doubt as to Agent's dutic
'bilities under Ihe provisions of Contract, Agent may, at Agent's oplion, continue 10 hold the subjecl milller of the escrow until the parties mutually agree to its disbursemen,
l:il a judgment of a court of compelent juriSdiction shall determine the rights of the parlies or Agent may deposit with Ihe clerk 01 the circuit court having jurisdiction 01 Ill'
;Ie, Upon nolifying all par lies concerned 01 such action, allliabili!y on Ihe part Of Agent shall lully terminale, except to Ihe exlent of accounting lor any items previOUSly deliwfC'
A escrow, II a licensed real estille broker, Agent will comply with provisions of Cl1apter 475, F,S, (198 7l. as amended, Any suit bel ween Buyer and Seller where Agent, is 1113(1.
'!y because 01 acting as Agenl hereunder, or in any suit wherein Agent interpleads Ille subject mailer of tile escrow, Agenl sh:lll recover reasonable attorney's lees and cost,
'ej with the lees and costs 10 be charged and assessed as court costs in favor 01 file prevailing parly, Parlies agree thaI Agent shall not be liable 10 any party or persor
":;delivery to Buyer or Seller of items s~bject 10 Ihis escrow, unless such misdelivery is due to willful breach of Contract or gross neglrgence 01 Agent.
TTORNEY FEES; COSTS: In any litigation arising out 01 Ihis Contract, Ihe prevailing parly shall be entilled 10 recover reilsonable allorney's fees and costs.
,\ILURE OF PERFORMANCE, II Buyer failS 10 perform this Conlract within Ihe time specified (including paymenl 01 all deposil(s)), Ihe deposil(s) paid by Buyer may be retaine:
~')r the account 01 Seller as agreed upon liQuirJ:lled damages, consideralion lor the e,ecution of this Conlract and in full selllemenl 01 any claims; whereupon, Buyer and Selll'
'!e relieved 01 all obligations under Contract; or Seller, at Seller's option, mJY proceed in eQully to enlorce Seller'S rlghls under this Conlract. If, for any reilson olher Ihan Inilul'
,.:er to make Seller's title marketable after diligent ellort. Seller fails, neglects or reluses 10 perlorm tllis Contract, Ihe Buyer m:lY seek specific performance or elect. 10 receiv.
'''Jln of Buyer's deposit Is) without thereby waiving <lny nction for damaqes resulling Irom Seller's breilch,
::l/HRACT NOT RECORDABLE; PERSONS BOUND; NOTICE: Neither tl1is Contract nor any nolice of il sl1all be recorded in My public records, TI1is Contract shJII bind an
10 the benelil of the parties and tl1'?ir successors in interes!. Whenever Ihe context permits, singular sllall include plural and one gender shall include all, Nolice given by (J'
~ aa.,:'lfney' for any na1ly sh(tll b(~ as f,:ff8Clivp. ~13 if ~livPrl by or tc. rh~t J1.1rly.
J:IVEYANCE: Seller sl1all cor'vcy tille 10 Real Properly by stailllvry wlir...,ntv, trustee's, p,?lson,ll r~presentaliv')'5 or guardiiin's deed, a,~ approflriat~ to Ihe slnlus of Scller, subj,)(
:,mallers containccl in Pa.ar;r:lIJfl VII :ll1d those other\Vis~ ..l,:coflted by Buyer. Person~lIy 511.]11, ill .equest of Buyer, be tr~nslerred by .]n absolute bill of s:tle with warrillli:.
:, sublect only 10 sucl1 mailers as may be otherWise prOVIded tor herein, '
!HER AGREEMENTS: No prior or present agreements or represenlations shall he binding upon Buyer or Seller unless inCluded in this Contract. No modification or chilnge i,
,ontrilct shall be valir! or bindin'J upon Ihe pnrties unles~ in'wriling and executed by the P;\rty 0' parties intenderl to be bound by it
JARRANTlES: Seller \'Iarranl~ tl1M there nre no filctS knl)vm 10 Scllcr "materially ~1I~ctin<J the 'value 01 tile nenl Proper tv wl1iel1 me not reil<1i1y 0bservable by Buy!'r or whie'
'"t ~een disclo.;ed to Buyer
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ADDENDUM AND ACCEPTANCE
TO THAT CERTAIN CONTRACT FOR SALE AND PURCHASE dated ~ '-0~'l ,\,\J
, 1991 by and between CLEARWATER HOUSING AUTHORI Y,
as "Seller", and PINELLAS HABITAT FOR HUMANITY, INC., as "Buyer",
regarding property legally described as Lots 5, 7 ~nd 8, Block G,
PLAZA PARK SUBDIVISION, according to the map or plat thereof as
recorded in Plat Book 5, Page 53, Public Records of Hil1sborough
County, Florida, of which pinellas County, Florida was formerly a
part.
TO WIT:
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1) Paragraph V (Title Evidence) shall be amended as follows:
Buyer, at Buyer expense and' option, shall obtain title report,
abstract of title, or title commitment not later than 10 days prior
to closing. If title is found defective, Buyer shall notify Seller
in accordance with standard A and Seller agrees to attempt to cure
any title defects in a timely manner as provided in said Standard~
2) property being conveyed shall carry the following deed
restriction: Buyer shall commence and complete construction of
three (3) 'new single family homes, one on each lot being conveyed,
within three (3) years of date of closing. Any lot(s) upon which
construction is not commenced and completed within time allowed by
this restriction shall immediately thereafter revert ownership back
to the CITY OF CLEARWATER, FLORIDA.'
3) Parties hereto acknowledge acceptance of all provisions of
contract For Sale And Purchase, and any attachments thereto. Any
changes made in printed or typewritten provisions of the agreement
are indicated in handwriting and initialed by the parties.
IN WITNESS WHEREOF, the parties hereto have executed this
agreement the day and year first above written.
PINELLAS HABITAT
FOR HUMANITY, INC. (Buyer)
Vl~~ <4:- ~vI
Norman L. Bungard, eS1 nt
CLEARWATER HOUSING AUTHORITY
(Seller)
oward ~.Groth, ChaIrman of
the Board of Directors
~~Wl~ ~~
Harold Diehl, Secretary
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