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FAYE PATTERSON ,] ,\ 6f:J IlL II} t, ~' ~ U ~ H f-l ~ ~ _,c ,---U)- .. ~ ~ p:: ~ ~ ~ p:: \ .' KARLEEN F. DE BLAKER, CLERK OF COURT l PlNELLAS COUNTY, FLlF:IDA ," Return to: I Name: STEW.~RT TITLE OF CLEARWATER, INC, Address: 1290 Court Street Clearwater, Florida 33756 This Instrument Prepared by: LAURIE BRIEF STEWART TITLE OF CLEARWATER, INC. 1290 Court Street 2C171342 06-18-2001 17:34:35 JTF 51 DEn-PATTERSON 020539 1#:01208282 BK:11431 SPG:1317 EPG:1318 RECORDING 002 PAGES 1 $10.50 DOC STAMP - DR219 3 $630.00 Clearwater, Florida 33756 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): 10-29-15-69138-006-0110 Grantee(s) 5.5.#(s): FILE NO: 01050039 WARRANTY DEED TOTAL: CIlCl( (fiT. TENDERED: CHANGE: BY ~__ DEPUTY CLERK 01-208282 JUN-18-2001 5:35PM P INE:LLFlS CO 8K 11431 PG 1317 ,,1111111 11111 11111 11111 11111 11111 1IIIIlIllllIIUUL $640.50 $640.50 $.00 (The lerms "grantor" and "grantee" herein shall be construed to incl~ all genders and singular or pluraJ as the context indicates.) This Warranty Deed Made this 15th day of June FAY M. PATTERSON, a single woman A,D, 2001, by whose marital status is: hereinafter called the grantor, whose post office address is: I.!) to CITY OF CLEARWATER, FLORIDA , a Municipal Corporation of Florida LJ") r--- CV) CV) ~ ~ ~ ~ ~ ~ whose post office address is: PO BOX 474 8 CLEARWATER, FL 33758 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 Pine 11 a s County, Florida, viz: f-l (f) Lot 11, Block 6, PINE CREST, together with the West 1/2 of a vacated alley lying to the East of the aforesaid Lot, according to the map or plat thereof as recorded in Plat Book 1, Page 66, Public Records of Pinellas County, Florida. ~ o u o (J'\ N M :'~':;'" ?-'~ "~~..(~ ' ')R2[~:P ~NT __- ~ ~ 't:s __'- IL. o :l1F_--- ,:rC ,__ >lEV ....,..-- '!;~llil, '~ " -f . \~;: '" - /j'{13~'{~ Page 1 of 2 \~~\(, '" ./ p I , ... t .~ 1 -, PINELLRS COUNTY rLR, Orr . REC ,8K 11431 PG 1318 This property [t(I [is not] the homestead of the Grantor(s). TOGETHER with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining, To Have and to Hold, the same in fee simple forever, And the grantor hereby covenants with said grantee that the grantor is lawfully seized of said land in fee simple; that the grantor has good right and lawful authority to sell and convey said land; that the grantor hereby fully warrants the title to said land and will defend the same against the lawful claims of all persons whomsoever; and that said land is free of all encumbrances, except taxes accruing subsequent to December 31,00 ,reservations, restrictions and easements of record, if any, IN WITNESS WHEREOF, Grantor has hereunto set grantor's hand and seal the day and year first above written, Signed, Sealed and Delivered in Our Presence: / / ,~-~~~ FAY- M. PATTERSON (Seal) Witness Signature: Witness Printed Name: Witness Signature: Witness Printed Na (Seal) Witness Signature: Witness Printed Name: (Seal) Witness Signature: Witness Printed Name: (Seal) STATE OF FLORIDA COUNTY OF Pinellas The foregoing instrument was acknowledged before me this 15 th by FAY M. PATTERSON, a single woman day of June , 2001 ~R*'1'<iK~R9OlmIXibc~~ who has/have produced driver license(s) as identification, ,/"7 1~G';~>{}..f~Di .\ :!,' ':\" ":$::;IUI'< EXPIRE:S \~ '-:~ f I:~ 2~~v:l . ~, ~ .. ~rI~"" .if..:..a'it:.I........~. :,:~~~R My Commission expires: ,,' '. ., ,I,."~;:~[~~;.~~~~~~~;~:r:L. . '';/\)'t-l''J~ S.CHt,J:F;:,~:; t: Printed Name Notary Pub 'c Serial Nu1ber: / 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 Number: Page 2 of 2 ALTA OWNER'S POLICY - 10-17-92 WITH FLORIDA MODIFICATIONS ~"If you want ink>rmation about coverage or need assistance to resolve complaints, please call 1-800-729-1902, If you make a claim under your policy, you n'lu,st_fuUliSh. written notice in accordance with ~ction 3'-ot~he Conditions and Stipulations," I' Visit our World-Wide Web site at: httO:llwww.stewat.com POLICY OF TITLE INSURANCE ISSUED BY 01050039 STEWART TITLE GUARANTY COMPANY SUBJECT TO THE EXCLUSIONS FROM CpVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B AND THE CONDITIONS AND $J:IPULATIONS, STEWART TITLE GUARANTY COMPANY, a Texas corporation, herein called the Company, insures,fi$ of Date of PolicY$hown in Schedule A, against loss or damage, not exceeding the Amount of Insurance stated in Sc(1eejule A, sustained Or'incurred by the insured by reason of: 1, Title to the estate or interest described in Schedule A being vested ()ther than as stated therein; 2. Any defect in or lien or encumbrance on the title; 3, Un marketability of the title; 4, Lack of a right of access to andfr~mt~~lanc:l' .'..,',"."."..', "",,.'. The Company will also pay the costs;aftorl'l$YllJtf~SJ1(j.XP/iID~.il'lcurr(N in defense of the title, as insured, but only to the' extent provided in the Conditions and StipUlations. IN WITNESS WHEREOF, Stewart TitlE:! Guaranty Company has caused this policy to be signed and sealed by its duly authorized officers as of the Date of Policy shown in Schedule A. .;' '~ STEWART TIT~E (JUARANTY COMPA."":V Company City, State EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: 1, (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation ofthese>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. ~ -+- --- -- ~ -'+'- ~ -- ~~~~~:f 0-2125- 333988 (A:)!IOd S!lI:l !O a6ed :lsel uo papnpuo:) pue panu!:luo:)) .. ,<ii' I 'paq!map u!aJay Iualxa aYI,ol AIUO pU'O A)!lod IIYI Aq IIU!060 paJlu! 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The estate or interest III the land which IS covered by this Policy IS: FEE SIMPLE 3 Title to the estate or interest III the land IS vested III the Insured. 4, The land referred to III this policy IS described as follows: Lot 11, Block 6, PINE CREST, together with the West 1/2 of a vacated alley lying to the East of the aforesaid Lot, according to the map or plat thereof as recorded in Plat Book 1, Page 66, 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: 801 PENNSYLVANIA AVE. N. City /State/Zip: CLEARWATER, FL 33755 County: pinellas Pin/TaxI: 10-29-15-69138-006-0110 The Company does not represent or Illsure the above address IS accurate STEWART TITLE Reg, D 0012 Rev, 11-91 "NOT VAliD WIlHOUT SCHEDULE B" I .... ....,...,........ ..,............... ....................... ,................. ...................... ................. .. -.. ... ....'............................... .... .. ............ ................, ...................... ............. "0 ... .......................................... .............................,.......... ....................................... ..................................... ..................... ............... ..................... .......... ..................... ..... ..................... ..................... ............... .... .... .. ................. .... .. ." .. ................. .. .. ",I:I::I::::::::I:::I~:::::::::::I::::::I::::lllllli I Policy Number: 0... 2125-333988 File No: 01050039 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 0 Oland thereafter and assessments, if any, not recorded in the public records. 8. Subject to Drainage and Utilities Easement over the vacated alley lying East of Lot 11 in Block 6, pine Crest Subdivision, according to the map or plat thereof as recorded in Plat Book 1, Page 66, Public Records of pinellas County, Florida. 9. Subject to any lien for municipal improvements or services to captioned land which has not been filed for record in the office of the Clerk of the Circuit Court of pinellas County, Florida, and any and all outstanding assessments projected or to be projected, if any. 10. Any lien provided by Chapter 159 of Florida Statutes in favor of any city, town, village or port authority for unpaid service charges for service by any water system, sewer system or gas system servicing the land described herein. 11. Subject to zoning and/or other governmental prohibition or regulations affecting the use of the property. 12. Title to any furniture, furnishings, fixtures, or chattels or personal property located in, to or upon the land described in Schedule "A" hereof. 13. Subject to unrecorded leases and/or options to purchase affecting subject premises. 14. If subject property has been a rental unit or non-owner occupied Exceptions numbered 1 and 4 are hereby deleted from the Owners Policy. ~ I 1" ALTA OWNER'S POLICY SCHEDULE B - CONTINUED . , POLICY NO. 0-2125-333988 FILE NO: 01050039 property, it may be subject to Tangible Taxes, which are not covered by this policy. I I ~ 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, (Q.) (This paragraph removed in Florida policies,) (c) The Company will pay only those costs, attorneys' fees and expenses incurred in accordance with Section 4 of the Conditions and Stipulations, 8, APPORTIONMENT. If the land described in Schedule A consists of two or more parcels which are not used as a single site, and a loss is established affecting one or more of the parcels but not all, the loss shall be computed and settled on a pro rata basis as if the amount of insurance under this policy was divided pro rata as to the value on Date of Policy of each separate parcel to the whole, exclusive of any improvements made subsequent to Date of Policy, unless a liability or value has otherwise been agreed upon as to each parcel by the Company and the insured at the time of the issuance of this policy 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, All payments under this policy, except payments made for costs, attorneys' fees and 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, ortaken 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 to pay only that part of any losses insured against by this policy which shall exceed the amount, if any, lost to the Company by reason of the impair- ment by the insured claimant of the Company's right of subrogation, (b) The Company's Rights Against Non-insured Obligors, The Company's right of subrogation against non-insured obligors shall exist and shall include, without limitation, the rights of the insured to indemnities, gua- ranties, other policies of insurance or bonds, notwithstanding any terms or condi- tions contained in those instruments which provide for subrogation rights by rea- son of this policy, 14, ARBITRATION Unless prohibited by applicable law, arbitration pursuant to the Title Insur: ance Arbitration Rules of the American Arbitration Association may be demanded if agreed to by both the Company and the insured, Arbitrable matters may include, but are not limited to, any controversy or claim between the Company and the insured arising out of or relating to this policy, any service of the Company in connection with its issuance or the breach of a policy provision or other obligation, Arbitration pursuant to this policy and under the Rules in effect on the date the demand for arbitration is made or, at the option of the insured, the Rules in effect at Date of Policy shall be binding upon the parties, The award may include attorneys' fees only if the laws of the state in which the land is located permit a court to award attorneys' fees to a prevailing party, Judgment upon the award rendered by the Arbitrator!s) may be entered in any court having iurisdiction thereof, The law of the situs of the land shall apply to an arbitration under the Title Insurance Arbitration Rules, A copy of the Rules may be obtained from the Company upon request, 15, LIABILITY LIMITED TO THIS POLICY; POLICY ENTIRE CONTRACT: (a) This policy together with all endorsements, if any, attached hereto by the Company is the entire policy and contract between the insured and the Com- pany, In interpreting any provision of this policy, this policy shall be construed as a whole, (b) Any claim of loss or damage, whether or not based on negligence, and which arises out of the status of the title to the estate or interest covered hereby or by any action asserting such claim, shall be restricted to this policy, (c) No amendment of or endorsement to this policy can be made except by a writing endorsed hereon or attached hereto signed by either the President, a Vice President, the Secretary, an Assistant Secretary, or validating officer or authorized signatory of the Company, 16, SEVERABILITY, In the event any provision of the policy is held invalid or unenforceable under applicable law, the policy shall be deemed not to include that provision and all other provisions shall remain in full force and effect, 17. NOTICES, WHERE SENT. All notices required to be given the Company and any statement in writing required to be furnished the Company shall include the number of this policy and shall be addressed to the Campany at P,O, Box 2029, Houston, Texas 77252-2029, STE'VAU,T TI"rLE G U A RAN T Y (' II M I' A N l' t I o c '" '"0 g ;:, -lOJ t Cll 0 X X ~ N o -..J N -..J<O t N (11 N IJ2 ~ Qtr:j ~~ ~> ~~ g~ ~~ iI>~ ~~ ~ tr:j :Xl m C/) (') Z -< 0 (') m " Z G> C/) O)>Z 0 ~ c: ~ :Xl ZC/)N "'U OJ )> -< m Z 0 r S::OJO :Xl C/) r- omZ )> ~ I C- s: m - C/)~~ -I m m 0 -< :E (5 0 (Xl =i Z CD CD I )> 0 w r (Xl ~ IJ2 ~ Qtr:j ~~ ~> ~~ g~ ~~ iI>~ ~~ ~ tr:j /~ - ~ ~ - - - - - - - - - - - - z en .... ." c: - 0 :zJ .... 0 r- ~ r- "TI - Z m 0 0 -< m f'~ 'C: 'C: I l CITY OWNED PROPERTY COUNTY IDENTIFIER: 10-29-15-69138-006~lf (' /'- ATLAS PAGE: 278A LOCATION: 801 PENNSYLVANIA AVENUE SHORT LEGAL: LOT 11, BLK. 6, PINE CREST SUB., TOGETHER WITH THE WEST ~ OF VACATED ALLEY LYING TO THE EAST OF THE AFORESAID LOT, ACCORDING TO THE MAP OR PLAT THEREOF AS RECORDED IN PLAT BOOK 1, PAGE 66, PlNELLAS COUNTY PUBLIC RECORDS. DIMENSIONS/ACREAGE: 50 x 147 (0.169 AC, MOL) SURVEY: NO BY: NA DATE: NA APPRAISAL: YES MARKET VALUE: $80,000 BY: COLLIERS ARNOLD VALUATION ADVISORY SERVICES DATE: 07-02-99 SPECIAL USE (IF ANY): ACQUIRED FOR NEW NORTH GREENWOOD RECREATION CENTER. ZONING: "MDR" (MEDIUM DENSITY RESIDENTIAL) SELLER: FAY M. PATTERSON, A WIDOW PURCHASE PRICE: $90,000 CLOSING COSTS: $1,434.00 APPROPRIATION CODE: 315-93128-560100-572-000 ACQUISITION DATE: JUNE 15, 2001 TITLE INSURANCE: YES TITLE UNDERWRITER: STEWART TITLE GUARANTY CO. POLICY NO. 0-2125-333988 CLOSING AGENT/FILE NO.: 01050039 O.R. BOOK/PAGE (DEED): 11431 / 1317 (WARRANTY DEED) RESTRICTIONS/REVERTER: NONE COMMENTS: PARKS & RECREATION PURCHASE FOR ASSEMBLY WITH LANDS TO BE DEVELOPED AS NEW NORTH GREENWOOD RECREATION COMPLEX/RAY GREEN PARK EXPANSION. COP: PATTERSON PURCHASE 0601.DOC I 1 TO BE FILLED IN PERSONALLY BY SELLER OR BORROWER IN HIS OWN HANDWRITING INDEMNITY AND AFFIDAVIT AS TO DEBTS, LIENS, AND POSESSIONS SELLER OR OWNER-BORROWER: FAY M P A TIERS ON LEGAL DESCRIPTION: LOT 11, BLOCK 6, PINE CREST SUB PURCHASER: CITY OF CLEARWATER Personally known to me to be the person whose name is subscribed hereto, and upon his oath deposes and says: I, the seller, owner-borrower, and/or contractor, represent to the purchaser and/or lender in this transaction that to my knowledge there are: 1. No unpaid debts for plumbing fixtures, water heaters, floor furnaces, air conditioners, radio or television antennae, carpeting, rugs, lawn sprinklers, venetian blinds, window shades, draperies, electric appliances, fences, street paving, or any personal property or fixtures that are located on the subject property described above, and that no such items have been purchased on time payment contracts, and there are no security interests on such property secured by a tinancing statement, security agreement or otherwise except the following: (If none, so state) NAME AND ADDRESS OF SECURED PARTY APPROXIMATE AMOUNT C;,? C) 2. No loans of any kind on said property except the following:(ifnone, so state): NAME AND ADDRESS OF CREDITOR APPROXIMATE AMOUNT ~liJ 3, All labor and material used in the construction of improvements or repairs on the above described property have been paid for and there are now no unpaid labor or material claims against the improvements or the property upon which same are situated, and I hereby declare that all sums of money due for the eredction of improvements or repairs have been fully paid and satisfied, except (If none, so state) NAME AND ADDRESS OF SUPPLIER OF LABOR, SERVICES OR MATERIALS APPROXIMATE AMOUNT f/e 4, I, the purchaser, represent that I have no knowledge of any debts or liens of any kind other than those listed above, except: (If none, so state) NAME AND ADDRESS OF SECURED PARTY, CREDITOR, SUPPLIER OF LABOR OR MATERIALS · APPROXIMATJ1; ~OUNT l/l () 5, I, the owner-borrower, or purchaser, have not been given notice of the furnishing or intent to furnish any labor, services, or materials in connection with any improvements or repairs to said property from any person or tirms, except: (Ifnone, so state) SUPPLIER OR LABOR, SERVICES OR MATERIALS APPROXIMA AMOUNT 6, I, the undersigned owner, further certify that the real estate and personal property above described are in the actual possession of the undersigned and is not in the possession, actual or constructive, of any person, persons, or organizations holding or claiming same, adversely to the undersigned under contract, lease or any other color of title or right of possession, THE IMPROVEMNETS OR REPAIRS TO SAID PROPERTY ARE NOW COMPLETED AND HA VE BEEN ACCEPTED BY PURCHASER AND/OR OWNER-BORROWER, INDEMINTY: I, THE SELLER, OWNER-BORROWER, AND/OR CONTRACTOR, AGREE TO PAY ON DEMAND TO THE PURCHASERS AND/OR LENDER IN THIS TRANSACTION, THEIR SUCCESSORS AND ASSIGNS, ALL AMOUNTS SECURED BY ANY AND ALL LIENS NOT SHOWN ABOVE, TOGETHER WITH ALL COSTS, LOSS AND ATTORNEY'S FEES THAT SAID PARTIES MAY INCUR IN CONNECTION WITH SUCH UNMENTIONED LIENS, PROVIDED SAID LIENS EITHER CURRENTL Y APPLY TO SUBJECT PROPERTY, OR A PART THEREOF OR ARE SUBSEQUENTLY ESTABLISHED AGAINST SAID PROPERTY AND ARE CREATED BY ME, KNOWN TO ME OR HAVE AN INCEPTION DATE PRIOR TO THE CONSUMMATION OF THIS TRANSACTION. I REALIZE THAT THE PURCHASER AND/OR LENDER IN THIS TRANSACTION ARE RELYING ON THE REPRESENTATION CONTAINED HEREIN IN PURCHASING SAME STATE OF FLORIDA/ COUNTY OF PINELLAS SWORN TO AND SUBSCRIBED BEFORE ME THIS 15TH DAY OF JUNE, 2001. ,,~.~/t~qJl FAY, ATTERSON CITY OF CLEA BY: ::~YPUB:~~iEM~A~ER MYCOMMISSION.Z:,:?'P , ,S,."':T!\,, l;(')Tl.JW ::J~;\t.'., . ' If' .....'.. ,', > tPrJ.~.:q ~ , ~.: ') ~, ,..'J : , ., . F\7'\!"\"- I, '" I ;;'~t '~~~ \h~;:::"i._<,.~i,};i;\;::::~:~;;sd:~~iL:::, . . . r ,-.. '-"-~'") INFORMATIOJ~ FOR RE~L ESTATE 1099 REPORl FILING as Required by the Internal Revenue Service Section 6045 of the Internal Revenue Code, as amended by the Tax Reform Act of 1986, requires the reporting of certain information to the IRS on real estate transactions. From the information you provide below, a Form 1099-S will be produced and a copy of it will be furnished to the I.R.S. If you fail to furnish adequate information (in particular, a taxpayer ID number), then you will be subject to all I.R,S. Regulations, including the possible withholding of twenty percent (20%) of the current sales price. FILE NO: 01050039 TAXPAYER LD. # ~03-Jj t/~ lfJ) ? SELLER NAME: FAY M. PATTERSON Other (Name of Entity): MAILING ADDRESS ,I ;; 1 ~ Y~V1/ja:l a~, City/State/Zip: ~2e /L1A 1 Jo..--1eA-j' ~, Street: 3375~ TRANSACTION INFORMATION Closing Date: June 15, 2001 Description of Property: 801 PENNSYLVANIA AVE. N. CLEARWATER, FL 33755 Contract Sales Price: $90,000.00 Hud Line 406 Hud Line 407 Total Seller Tax Credit - 0 If multiple Sellers - Request is hereby made that you allocate the sales price among the sellers as follows: Has the seller received (or will receive) property (other than cash and consideration treated as cash) or services as part of the consideration for this transaction? (YES or NO) CERTIFICA TION Under penalties of perjury, I certify that the number shown on this form is my correct Taxpayer Identification Number. I also certify that the other information shown herein is correct. I ACKNOWLEDGE RECEIPT OF A COPY OF THIS FORM, DATE: June 15, 2001 ~~ 01 YlJ(jJ(/J~ Seller's Sign re SETTLEMENT AGENT INFORMATION STEWART TITLE OF CLEARWATER, INC, 1290 Court Street Clearwater, Florida 33756 (727)441-2689 Taxpayer I.D. Number 59-1433918 SUBSTITUTE FORM 1099 This is important Tax Information and is being furnished to the Internal Revenue Service. If you are required to file a return, a negligence penalty or other sanction will be imposed on you if this item is required to be reported and the IRS determines that it has not been reported. (Completion of this form checked by I 1 NON-FOREIGN CERTIFICATION BY INDIVIDUAL TRANSFEROR 1. Section 1445 of the Internal Revenue Code provides that a transferee of a United States real property interest must withhold tax if the transferor is a foreign person. 2, In order to inform the transferee that withholding of tax is not required upon disposition by: FAY M PATTERSON, of the United States real property described as follows: LOT 11, BLOCK 6, PINE CREST SUBDIVISION The undersigned transferor certifies and declares by means of this certification, the following: (A) I (We) Am (Are) not non-resident alien(s) for purposes of United States income taxation's &, (B) My United States taxpayer identifying number(s) (social security) is (are): NAME: FAY M PATTERSON Social Security Number 11 IJ # .:2. & '3..-' J{ vrH-"^-J 7 # (C) There are no other persons who have an ownership interest in the above-described property other than those persons set forth above in paragraph (B), 3, The undersigned hereby further certifies and declares: (A) I (We) understand that the purchaser of the above described property intends to rely on the foregoing representations in connection with the United States Foreign Investment in Real Property Act, 94 Statute 2682 as amended, (B) I (We) understand this certification may be punished by fine, imprisonment or both, Under penalties of perjury I (We) declare I (We) have examined carefully this certification and it is true, correct and complete, Date: 6/15/01 ~u~ ~ 'I Yt-t' ~V FAY M TTERSON W itlless I I ! (This document must be retained until the end of the fifth taxable year following the taxable year in which the transfer takes place,) CONSULT YOUR ATTORNEY AND/OR TAX ADVISOR - NO REPRESENTATION OR RECOMMENDATION IS MADE BY STEW ART TITLE INSURANCE COMPANY AND/OR STEWART TITLE GUARANTY COMPANY CONCERNING THE LEGAL SUFFICIENCY AND/OR TAX CONSEQUENCES OF THIS DOCUMENT. YOU MAY BE REQUIRED TO FILE A COPY OF THIS DOCUMENT WITH. THE INTERNAL REVENUE SERVICE, THESE ARE QUESTIONS FOR YOUR ATTORNEY OR TAX ADVISOR. STATE OF FLORIDA COUNTY OF PINELLAS The foregoing instrument was acknowledged before me this 15TH day of JUNE, 2001, By FAY M PATTERSON, who has produced a drivers license as ide tification and who did take an oath, / /1 My Commission E~pires: ,', ,',' ,.,,'f,. ~ ........... "'",'~' ~~~.;" " .. '~~~'~79'Riii- ~l-""'1' :01\j..ti fni ot ry'public ,,:,' ~ .'\~,\,11"~} .' ,,~.. "', '.. \!',,,J t':',:.,,>,"J,,""" P:\~ ,/ f/./t~ij ~:':~,: ~>~';':/,'..;:~:L2~~ "i',i' 1- t: H '\'J ' . '" ., t;':Ji.o0&l:l , l;,,'"_.'\:;i\~;;;MV COMMISSION EXPIRES / '~':::l~~':::c"",,_,D$!Q\::,t~I}~~IJ..1.1~l,:?<1:h;~,,"".' , , ORDEE NO:' 01050039 I D I S C LOS U R E 1 We, the Owners/Purchasers of that certain real property located at: 801 PENNSYLVANIA AVE. N., CLEARWATER, FL 33755 Pinellas County, Florida, do hereby disclose the following facts known to me which may materially affect the value or desirability of said property. I HEREBY CERTIFY that I have no knowledge of any facts or defects in said property which may materially affect the value or desirability of said property, except as set forth above. I acknowledge that this disclosure will be given to the listing broker, the selling broker, and any prospective buyer. ./ I I HEREBY CERTIFY that as the buyer(s) I have inspected the above property and accept same. ./' /",/, ,,/ ' ~ ~/ " V' W E Q. / JOYCE R. SMITH P~//?,','," ~'0), ?~ WI S'" _.. / /'/~ ... " " / J~ ~ ],gzra;Jc/?/ FAY M ATTERSbN ~~ -/(. J~ WIT' S JOYCE R. SMITH STATE OF FLORIDA COUNTY OF Pinellas CITY OF CLEARWATER FLORIDA, a Municipal Corporation of Florida BY:~ BARRETT REAL ESTATE SERVICES MANAGER , The foregoing instrument was acknowledged before me this 15th day of June, 2001, by FAY M. PATTERSON, who has produced drivers licens~"!'~';:rr~'~C\.1f0i7f,~"ij'1tlticat ion and who did take an oath. " ",~ , 'I " .", ' .1A L .. I" \, u, ,,\, ~ ~ :~,.:"" r,'<::.'\ t-.'~AnIAi"NE ,C~CHAFFEH ",I ./ /1-."" /,,/4~ l :': f; 'r:{ ;. ~ C;, fi"I.',;'IO ~!' ,( / r /t:::~#' _u \-,' i;<-,.,,, ""c("'''''' , 1\', · 0:''-'11'<:<' I! /1\Tt>>fi ,(rpu 1,,"'/ , .," I " , ...r..d '1:,) r " "}'<""', ,~ '-, ,-' - q"" "1 My Commissi;Q~.~p"j,P~$,: g f.L: '~";:(L~!.>;;,,,, J / U " .' - '-( 40<-.1 .,^~_;...",li.~~ .'. ~.;Ilo~...L""~~l~.. ' /1 / STATE OF FLORIDA COUNTY OF Pinellas The foregoing instrument was acknowledged b~fore me this 15th day of June,2001, by CITY OF CLEARWATER FLORIDA, a Municipal Corporation of Florida, who has produced drivers license identification and who did take ano,/;:,~/~,~"" /_ '7 ~,",' ~, ;,,:/'l' ~ / p~,~ My commiSSi~~;~-~JN~:;';rhjy':f,},\,?"~,~,,.,;,;:~,f,",,',?T,,;'i, ' .A Y prc '." .'1 I ~1[_,~,"~.,:"'",~' ,/ -..o....L. , as , ') DISCrbSURE, CONSENT AND GRANT OF PERItISSION rl> EARN INTEREST ON ESCROWED FUN~S STEWART TITLE OF CLEARWATER, INC. ("Stewart"), is providing title insurance and closing services, and has issued Commitment No, C - 01050039 dated May 18, 2001 5: 00 p. m. in connection with a real estate transaction in which you area party as a buyer, seller or mortgagor ("Transaction"). Disclosure: Money owned by a party or parties to your Transaction will be received by Stewart in connection with the Transaction and will be held by Stewart in Trust ("Escrowed Funds") until disbursement is properly authorized, As a title insurance agent licensed by the Florida Department of Insurance ('IDepartment"), Stewart is required by law and Department rule to immediately deposit Escrowed Funds, when received, in an escrow trust account in a financial institution insured by an agency of the federal government and located within this state, Stewart intends, upon receiving all consents required in connection with the Transaction, to (a) deposit Escrowed Funds from the Transaction, together with similar funds from other transactions, in an interest-bearing trust account, and (b) retain the interest earnings from such trust account in. consideration for services provided in administering and properly disbursing the Escrowed Funds. Any escrow fee paid by any party involved in this transaction shall~ be for check writing and computer input, but not for any of the accounting, bookkeeping, auditing, messenger, and other services, Department rules provide that a title agent may not deposit such funds in an interest-bearing trust account without the written consent of the buyer and the seller in a sale transaction, or "use" money in its escrow trust accounts without permission of the owner of the money, given after full disclosure of the circumstances. Therefore, if this form (or a counterpart hereof) is not signed (by both buyer and seller if a sale transaction, or by the owner of the Escrowed Funds if a tinancing transaction) and received by Stewart prior to Stewart's receipt of the Escrowed Funds in its capacity as escrow agent in the Transaction, the Escrowed Funds in this Transaction will be deposited in a trust account on which no interest is earned. Grant of Permission: Having read and understood the foregoing "Disclosure", I/we PurchaserIBorrower 89 do, or 0 do not, and Seller [] do , or 0 do not hereby grant permission for and consent to Stewart's deposit of the Escrowed Funds in a trust account upon which interest will be paid to and retained by Stewart. June 15, 2001 Date ~ EARL BJ>: REAL ESTATE MANAGER of CITY OF CLEARWATER (Title) (Corporate or other entity name, if Applicable) please check all that apply ~ Buyer / _Seller / _ Mortgagor Date Print Name: As of (Title) (Corporate or other entity name, if Applicable) please chec;;k all that apply _ Buyer / _Seller / _ Mortgagor June 15, 2001 Date ~~ ~~/ ~Name: AY M. PATTERSO As of (Title) (Corporate or other entity name, if Applicable) please check all that apply _ Buyer / ~ Seller / _ Mortgagor Date Print Name: As of (Title) (Corporate or other entity name, if Applicable) please check all that apply _ Buyer / _Seller / _ Mortgagor 'SELLER'S AFFIDA VlT (GAP)) I "-,,,' STATEOF FLORIDA FILE NO: 01050039 COUNTY OF Pinellas BEFORE ME, the undersigned, this day personally appeared FAY M. PATTERSON ("Affiant(s)"), who, being by me first duly sworn, says: 1, FAY M. PATTERSON is/are the owner(s) of certain real property located lin Pinellas County, Florida, which is more particularly described on Exhibit "A" attached hereto and made a part hereof (the "Property"). 2, Affiant(s) is familiar with Stewart Title Guaranty Company's Owner's Title Insurance Commitment No. C...OI050039 bearing an effective date of May 18, 2001 5:00 p.m. (the "Commitment"), 3, There have been to my knowledge no documents recorded in the Public Records of Pinellas County, Florida subsequent to May 18, 2001 5: 00 p. m. which affect title to the Property insured; and (i) that there are no matters pending against them that could give rise to a lien that would attach to the subject property between the effective date of the Commitment and the recording of the instruments giving rise to the interest to be insured, and (ii) that the affiants have not executed and will not execute any instrument that would adversely affect the title to the subject property or the lien of any mortgage to be insured pursuant to the Commitment, save and except the following: 4. This affidavit is given to induce Stewart Title Guaranty Company and its authorized Agent, STEWART TITLE OF CLEARWATER, INC. , to issue an Owner's Title Insurance Policy to CITY OF CLEARWATER FLORIDA, a Municipal Corporation of Florida Dated, this 15th day of June , 2001 , ~~~~J/ FAY M/ ATTERSON Sworn to and subscribed before me this 15th day of June FAY M. PATTERSON , 2 0 0 1 , by x2i~~}{)O{~a:Ii)t~R){~who has/have produced driver licensees) as identification, ',- -'':':,>!If,'i..i,~' i''''''>l;':,~~.ll';;f''(~~''''~--'~, :-.-..:!l,_PfJ,v,'!",...., "'i"';.c;',~).:.~at;, t'M'; I, .', ~r ,:.,~ \--- ("---'~_' ,f'. r~r-- _.1"'--..........--,. '...,~:": v........-./'a.i~L.:R : ,,',',", ,<<>' ,/:.:,(Al>~( ,.' /:, ';;' {../~hjAI'jNl: SCHAFFER 'I My commlsslOp,',~xg~fe.~g CC 698089 ',! :~:':";>:i:<:MY COMMISSION EXPIRES ! ':"';,"",.- pr;,('F \'[''Y:f;l . \ ?(,lO I, ,r" I I BORROWER'S AFFIDAVIT (GAP) STATE OF FLORIDA FILE NO: 01050039 COUNTY OF Pinellas BEFORE ME, the undersigned, this day personally appeared CITY OF CLEARWATER FLORIDA, a Municipal Corporation of Florida ("Affiant(s)"), who, being by me first duly sworn, says: 1. CITY OF CLEARWATER FLORIDA, a Municipal Corporation of Florida is/are the proposed purchaser(s) and or borrower(s) of certain real property located in Pinellas County, Florida, which is more particularly described on Exhibit II A" attached hereto and made a part hereof (the "Property"). 2. Affiant(s) is familiar with Stewart Title Guaranty Company's Mortgagee's Title Insurance Commitment # C- 01050039 bearing an effective date of May 18, 2001 5: 00 p. m, (the "Commitment"). 3. There have been to my knowledge no documents recorded in the Public Records of pinellas County, Florida subsequent to May 18, 2001 5: 00 p. m . which affect title to the Property insured; and (i) that there are no matters pending against them that could give rise to a lien that would attach to the subject property between the effective date of the Commitment and the recording of the instruments giving rise to the interest to be insured, and (ii) that the affiants have not executed and will not execute any instrument that would adversely affect the title to the subject property or the lien of any mortgage to be insured pursuantto the Commitment, save and except the following: 4. This affidavit is given to induce Stewart Title Guaranty Company and its authorized Agent, STEWART TITLE OF CLEARWATER, INC. , to issue a Mortgagee's Title Insurance Policy to CASH Dated, this 15th day of .June , 2001 . Sworn to and subscribed before me this 15 th day of June 2001 , by CITY OF CLEARWATER FLORIDA, a Municipal Corporation of Florida who has/have produced driver licensees) as identification. ~;"',':C~:~::-::~~~~_f~:":~~~--=7-..~~-:'.~~~rii~;,- i ":,\\,, :;<, \..,."'itd,,L n...Jl/l.!IY SH\L,t My commission expii~{':>~I':Miii~,;\c'J;(},~;~~FFER , ~,i, ''i ~~OMM:SSION F.XPIRI?S [I ::'>,;,~LU), \'" ;':'01 If ._ . h~_<. .~~::':~~:~-":":1--'~-_::"'''':,~~~~~:'::''''~'~;,::',,:~':~,~' . :,,- ) , , I I AUTHORIZATION AND ACKNOWLEDGEMENT FORM DATE: June 15, 2001 FILE NO.: 01050039 LEGAL: LOT 11, BLOCK 6, PINE CREST SUBDIVISION SELLER: FAY M. PATTERSON BUYER: CITY OF CLEARWATER FLORIDA, a Municipal Corporation of Florida We hereby approve and acknowledge receipt of a copy of the Statement and actual cost (DISCLOSURE/SETTLEMENT STATEMENT - HUD FORM 1) and authorized disbursement of funds as shown therein this 15th day of June, 2001. We furt~ .~knowledge that we understand utility bills are ~~uded in this statement and that the proration of taxes as shown in the stbtement of actual cost is based on the latest information available. If any changes are to be made in this proration when the tax bill is received, it will be handled between the parties of this ~ transaction. Stewart Title Company of Clearwater, Inc" will not be held responsible. It is further understood that Stewart Title Company of Clearwater, Inc., cannot, at this time, ascertain if there will be personal property tax on subject property or an amount on which to base a proration. Any proration necessary when tax bills become available will be handled between the parties to this transaction, outside of Stewart Title Company of Clearwater, Inc. Stewart Title of Clearwater will not be held responsible. THAT ALL UTILITY BILLS (WATER, SEWER, ELECTRIC, MAINTENANCE FEES) HAVE BEEN PAID OR WILL BE PAID UPON RECEIPT OF FINAL BILLS. ,.L(J I11ITIALS INITIALS INITIALS INITIALS SELLER'S BUYER'S -/~~ Y/7kC'fi/ FAY . PATTERSON CITY OF CLEARWATER FLORIDA, ~~CES MANAGER BY: SELLER'S FORWARDING ADDRESS: BUYER'S FORWARDING ADDRESS: / Y 7 _~ 'fJk,()\/]~OAP, eaaIlAJ.JoJjAj/~1 ?Jq ,7-~J} HOME PHONE# JFt1~~q7rrr ~ 7--f/. 337.s~-'I/<IrJ / WORK PHONE# HOME PHONE# WORK PHONE# 5~ 2. - '/l.r-f' THIS IS TO FURTHER AUTHORIZE TO APPROVE ANY CHANGES NECESSARY TO THE CLOSING STATEMENT. BY: OF CLEARWATER, INC. A. U.S.DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT B.TYPE OF LOAN . ,~ r.. , I 1. [ 1 FHA 2. [ lFMHA I 3. [ lCONV. UNINS. 4. [ lVA 5. [ lCONV',_INS. [Xl Cash (6) 6. FILE NUMBER: t, 7. LOAN NUMBER: 01050039 .... 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 age;u are show~, ,-- 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 Florida . ADDRESS: E. NAME OF SELLER: FAY M. PATTERSON ADDRESS: SELLER TIN: F. NAME OF LENDER: CASH ADDRESS: G.PROPERTY LOCATION: Lot 11 Block 6 PINE CREST SUB 801 PENNSYLVANIA AVE. N. CLEARWATER FL 33755 H. SETTLEMENT AGENT: STEWART TITLE OF CLEARWATER PHONE NUMBER: NOT ON FILE ADDRESS: 1290 COURT ST. CLEARWATER, FL 33756 SETTLEMENT AGENT TIN: 59-1433918 PLACE OF SETTLEMENT: STEWART TITLE OF CLEARWATER I. SETTLEMENT DATE ADDRESS: 1290 COURT ST. Closing date: 06/15/01 CLEARWATER, FL 33756 Proration date: 06/15/01 J. SUMMARY OF BORROWER'S TRANSACTION K. SUMMARY OF SELLER'S TRANSACTION 100, GROSS AMOUNT DUE FROM BORROWER: 400, GROSS AMOUNT DUE TO SELLER: 10 1. Contract sales price 90,000.00 401. Contract sales price 90,000.00 102, Personal property 402, Personal property 103, Settlement charges to borrower(line 1400) 1,434.00 403, 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 I 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: 91,434.00 90,000.00 200, 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) 203, Existing loan(s) taken subject to 503, Existing loan(s) taken subjectto 204, 504, Payoff of first mortgage loan 205, 505, Payoff of second mortgage loan ,- 206, 506, 207, 507, 208, 508, 209, 509, Adjustments for items unpaid by seller: Adjustments for items unpaid by seller: 210, City/town taxes to 510, City/town taxes to 21 1. County taxes to 511. County taxes 01/01/01 to 06/15/01 855.14 212, Assessments to 512, Assessments to 213, 513, 214, 514, 215, 515, 216, 516, 217, 517, '" 218, 518, 219, 519, 220, TOTAL PAID BY/FOR BORROWER: 520, TOTAL REDUCTION IN AMOUNT: 855,14 300, CASH AT SETILEMENT FROM/TO BORROWER: 600, CASH AT SETTLEMENT TO/FROM SELLER: 301. Gross amount due from borrower(line 120) 91,434.00 601. Gross amount due to seller(line 420) 90,000.00 302, Less amounts paid by/for borrower(line 220) 602, Less total reductions in amount due seller(line 520) 855.14 303, CASH [X FROM] Ixx~ BORROWER: 91,434.00 603, CASH [X TO] [XX')tlQxl] SELLER: 89,11,1,.86 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 penalty or other sanction will be imposed on you if this item is required to be reported and the IRS determines that it has not been reported, SELLER INSTRUCTION-If this real estate was your principal residence, file 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 Clearwater, Inc, with your correct taxpayer identification number. If you do not provide Stewart Title of Clearwater, Inc, with your correct taxpayer identification number, you may be subject to civil or criminal penalties, Under penalties of perjury, I certify that the number shown on this statement is my correct taxpayer identification number. ~'(CASHIERS CHECK ro STEWART TITLE & PHaro ID REQUIRED AT CLOSING!! Seller .... . \00 file 01050039 L. SETTLE~NT CHARGES I PAID FROM PAID FROM BORROWER'S SELLER'S 700, TOTAL SALES/BROKER'S COMMISION Based on $ FUNDS FUNDS @ %= AT SETTLEMENT AT SETTLHvlENT Division of Commission (line 700) as follows: 701. $ 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, AssumptionFee 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 1. Settlement or closing fee to STC 50.00 11 02, Abstract or title search to STC 100.00 1103, Title examination to STC 100.00 1104, Title insurance binder to 1105, Document preparation to 1106, Notary fee to 1107, Attorney's fee to to (includes above items No,: 1108, Title insurance to STEWART TITLE OF CLEARWATER 517.50 (includes above items No,: ) 11 09, Lender's coverage $ 1110, Owner's coverage 90,000.00 $ 517.50 1111, fl risk rate($517.50) to 1112, to 1113, to 1114, to 1200, GOVERNMENT RECORDING AND TRANSFER CHARGES 1201. Recording fees: Deed $ 10.50 Mrtg $ ReI. $ 10.50 1202, City/county tax/stamps: Deed $ Mrtg $ 1203, State tax/stamps: Deed $ 630.00 Mrtg $ 630.00 1204, OBTAIN & RECORD 2 DEATH CERTIFICATE to CLERK OF THE CIRCUIT COURT 26.00 1205, to 1206, to 1300, ADDITIONAL SETTLEMENT CHARGES 1301. Survey to 1302, Pest inspection to 1303, to 1304, to 1305, to 1400, TOTAL SETTLEMENT CHARGES (entered on lines 103, Section J and 502, Section K) 1,434.00 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 di~ursements made on my account or by me in this transaction, I further certify that I have received a copy of HUD-I Settlement Statement. CI1Y~~ BY: EAR"L BARRITT , REAL E ~ATE SERVICES MANAGER ~ FAY M P. SON ~/ Borrowers Sellers The HUD-l Settlement Statement which I have prepared is a true and accurate account of this transaction, I have caused or will cause the funds to be disbursed in acc th this statement, JUNE 15, 2001 Date NING: It is 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 For details see: Title 18: U,S, Code Section 1001 and Section 1010, ~-~ ~ I I CONTRACT FOR PURCHASE OF REAL PROPERTY BY THE CITY OF CLEARWATER, FLORIDA PARTIES: FAY M PATTERSON, a widow (herein "Seller"), of 1873 Murray Avenue, Clearwater, Florlda 33755-2332, Phone: (727) 442-3804, 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~~q-12-:-6 cr /:3 ;I-Ccr; '-0/10 1. PROPERTY DESCRIPTION LEGAL DESCRIPTION: PINE CREST SUBDIVISION, Block 6, Lot 11 and the West ~ of the Vacated alley adjacent on the east. STREET ADDRESS (City/Zip/State): 801 Pennsylvania Avenue, Clearwater, Fl. 33755 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 ............................................. $ 90,000.00 3. MANNER OF PAYMENT: City of Clearwater check in U. S. funds at time of closing (subject to credits, prorations)... $ 90,000.00 4. DETERMINATION OF PURCHASE PRICE The herein described property was appraised at Buyer expense on July 2, 1999 by Colliers Arnold Valuation Advisory Services. The appraiser's conclusion of value was $80,000. Seller was not agreeable to conveying property for that amount. Seller did deliver written proposal to the City on June 19, 2000 agreeing to sell as detailed herein. 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 unconditionally 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 this contract is rejected by the Commission upon initial presentation, this contract shall be null and void in all respects and Buyer shall be so informed in writing within 5 days of such action. 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 subject 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. Page 1 of 5 tv I ""}-,O/~- ;/-- J r ' r~ .I,~ I .' j I I 7, TITLE EVIDENCE Buyer may, at Buyer option and expense and within ---..!L days prior to closing date, obtain 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 a 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, within 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 Buyer 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 June 16. 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 contra~ 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, shall be paid by the Buyer. Buyer shall also pay the costs of recording the deed and any corrective instruments required to insure title. 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 Pine1las 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, 13. OCCUPANCY Seller warrants that there are no parties in occupancy other than the Seller, or as otherwise disclosed herein. If Property is intended to be rented or occupied beyond closing, the fact and terms thereof shall be stated herein, and the tenant(s) or occupants disclosed pursuant to Paragraph 15. Seller agrees to deliver occupancy of the Property at time of closing unless otherwise stated 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 for maintenance from that date, and shall be deemed to have accepted Property in its existing conditions as of the time of taking occupancy unless otherwise stated herein or in separate writing. Page 2 of 5 n .v ~ .; I I I 14. LEASES/RENTAL AGREEMENTS Seller shall terminate all tenancies of every nature not later than 48 hours prior to closing and shall deliver the property to Buyer completely vacated at time of closing, Buyer shall have no liability whatsoever to any tenant or Seller in connection with any lease, rental agreement, representation or verbal understanding between Seller and any tenant. If for any reason Seller is unable to deliver property completed vacated at closing, and in "broom clean" condition, this agreement may be extended by Buyer as provided in paragraph 10 hereof; in which event Seller shall credit Buyer $25.00 per day for each day of the extension until property is vacated, up to a maximum of 45 days; following which Buyer, at Buyer option, may elect to terminate this agreement or proc~ed to enforce its provisions as provided in paragraph 21 hereof. 15. 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 21 ("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. [Xl As Is: Buyer has inspected the Property or waives any right to inspect and accepts the Property in its present "as is" condition. b. [ 1 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 util~ties 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. 16. 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 15 and to insure that all Property is in and on the premises. No new issues may be raised as a result of the walk- through. 17. 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 resulting from Buyer's own negligence, or that of its employees or agents, subject to the limits and restrictions of the sovereign immunity statute. 18. 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 3z, or any insurance proceeds payable by virtue of such loss or damage, or of canceling this contract. 19. 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 noti fication to cure the defect. If Seller fails to timely cure the defect, all funds paid by or on behalf of the Buyer shall, Page 3 of 5 ~ I' ~ ~ 'I ... ~ I I 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. 20. 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. If a Broker is owed a brokerage fee regarding this transaction, the defaulting party shall be liable for such fee. 21. 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 21 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, 22. 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. 23. 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. 24. NOTICE All notices provided for herei~ 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 anyway act at the behest of the parties to satisfy all terms and conditions of this contract. 25. 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). 26. 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. 27. NO BROKER Seller and Buyer represent and agree they have deal t wi th no Broker or flnder lfl 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 wi th in contravention of this agreement; except, however, that total Ci ty obligations under this provision shall be subject to the limits and restrictions of the Florida sovereign immunity statute, F.S. 768.28. Page 4 of 5 ttJ , , ,J,', I I 28. 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. 29. 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. 30. 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. 31. SPECIAL CLAUSES [Xl Not applicable, OR An 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. 32. 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: Jo//q , , 2000 Seller: ~r!~ APPROVED AND ACCEPTED this I<Z~ day of ~~\:wv , 2000. ("Effective Date") Countersigned: ~ CITY OF CLEARWATER, FLORIDA By,. ~.~Jl William B. Horne, II Interim City Manager Approved as to form: ATTEST: J ant City Attorney ~L !J-..D~. a r~ia L' Goudeau, City Clerk \ j ,.--- Page 5 of 5 8.:1 r 1 (Jw/ P,-, t l ,-_~ r ;;,., t'll r 06-~:)(1. <L'I:' ~