ROBERT E. AND SARA J. KING
CONTRACT FOR PURCHASE OF REAL PROPERTY
BY
THE CITY OF CLEARWATER, FLORIDA
PARTIES: Robert E. & Sara J. King, husband and wife, (herein "Seller"), of 1312 Palmetto St.,
Clearwater, Fl., Phone: (727) 447-8426, 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
33758-4748, ATTENTION: William B. Horne, II, City Manager, (collectively "Parties") hereby agree that
the Seller shall sell and Buyer shall buy the following real property ("Real Property") and personal
property (IIPersonalty") (collectively "Property") upon the following terms and conditions.
1. LEGAL DESCRIPTION: PINE BROOK UNIT 2, Block "E", Lot 1, as recorded in Plat Book 23,
Page 71, Public Records of Pinellas County, Florida.
PERSONALTY: None included in purchase price. Seller may remove any fixtures attached to
and a part of the improvements so long as base structure remains weatherproof and secure.
2. FULL PURCHASE PRICE .................................................................................. ...$ 100,000 00
a. Real Property .... .... ...... ... ...... ...... ........ .... ......... ..... ....... ......... ...... ....$ 76,00000
b. Replacement housing premium and relocation expenses.....................$ 24,000 00
3. MANNER OF PAYMENT: City of Clearwater check in U.S. funds
at time of closing.................................... ...... .... ...... .. . ...... *$ 100,000 00
*If Seller is to remaih in occupancy following closing $5,000.00 of purchase proceeds shall be held in
escrow by closing agent under provisions of Paragraph 13 (Occupancy).
4. PURCHASE PRICE DETERMINATION
The Full Purchase Price as shown herein has been reached through negotiations with the Seller by City
staff. Michael R. McKinley, SRA, appraised the real property on January 11, 2002. The appraiser's
value conclusion as of the apprai~al date was $76,500.
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 60 days following delivery in
duplicate original to City Manager of the City of Clearwater for acceptance and approval, counter-offer,
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 a counter-offer is approved by the Commission, it shall be delivered
to Seller in writing within 10 days of such action by the City Commission, and Seller shall have 10 days
thereafter to deliver to Buyer written notice of acceptance or rejection of such counter-offer. If written
notice of acceptance is not timely delivered, or if the counter-offer is rejected by Seller, this contract
shall thereafter be null and void in all respects. If this contract is rejected by the Commission upon initial
presentation to the Commission, 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
SeUer warrants legal capacity to and shall convey marketable title to the Property by Statutory
Warranty, 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. Seller warrants and represents that there is ingress and egress to the
Real Property sufficient for the intended use as described herein.
7. TITLE EVIDENCE
Buyer may, at Buyer expense obtain a title insurance commitment issued by a Florida licensed title
insurer not later than 10 days prior to closing 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 the 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, within 60 days of the effective date, 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 60 days without effect upon any other term, covenant or condition contained in this contract.
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10. CLOSING DOCUMENTS
Seller shall furnish closing statements for the respective parties, deed, 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
The Buyer, unless this transaction is exempt under Chapter 201.24, Florida Statutes, shall pay
documentary stamps on the deed. Seller shall pay the costs of recording any corrective instruments.
Recordation of the deed shall be paid by Buyer.
12. PRORATIONS; CREDITS
Taxes, assessments, rent (if any) and other revenue of the Property shall be prorated through the day
before closing. Closing agent shall collect all ad valorem taxes uncollected but due through day prior to
closing and deliver same to the Pinellas County Tax Collector with notification to thereafter exempt the
Property from taxation as provided in Chapter 196.012(6), Florida Statutes. If the amount of taxes and
assessments for the current year cannot be ascertained, rates for the previous year shall be used with
due allowance being made for improvements and exemptions. Any deposits held by Seller in trust for
third parties in occupancy of the Property shall be credited to Buyer at time of closing. Assessments for
any improvements that are substantially complete at time of closing shall be paid in full by Seller.
13. OCCUPANCY
Seller warrants that there are no parties in occupancy other than the Seller, or as otherwise disclosed
herein. Seller, at Seller option, may remain in occupancy rent-free up to one hundred twenty (120)
days following closing, in which event closing agent shall escrow Five Thousand and---No/100's---
Dollars ($5,000.00) until property has been vacated by Seller and Buyer confirms property has been
vacated, all utility services have been terminated and charges for such services paid in full, whereupon
Buyer shall authorize release of escrow to Seller. In consideration of remaining in occupancy Seller
agrees to hold Buyer harmless from any injury or damage to person or property, other than as may be
caused by willful negligence of Buyer, its employees, agents or contractors. Seller shall obtain and
maintain liability insurance with Buyer as named insured to indemnify Buyer in the event of any injury to
Seller or any other person invited upon the property by Seller. Seller further agrees to maintain
property in an orderly manner during post-closing occupancy, including but not limited to mechanical
components of the residence, together with continued and regular maintenance of lawn and
landscaping, normal wear and tear excepted.
14. PROPERTY CONDITION
Seller shall deliver the Property to Buyer at time of closing in its present "as is" condition, including and
recognizing the non-functioning swimming pool, ordinary wear and tear excepted, and shall maintain
the landscaping and grounds in a comparable condition. Seller makes no warranties other than is
disclosed herein in Paragraph 17 ("SELLER WARRANTIES") and marketability of title.
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15. PROCEEDS OF SALE; CLOSING PROCEDURE
The deed shall be recorded upon clearance of funds. Proceeds of sale shall be held in escrow by
Seller's attorney or by such other mutually acceptable escrow agent for a period of not longer than 5
days from and after closing, during which time evidence of title shall be continued at Buyer's expense to
show title in Buyer, without any encumbrances or change which would render Seller's title unmarketable
from the date of the last title evidence. If Seller's title is rendered unmarketable through no fault of the
Buyer, Buyer shall, within the 5-day period, notify the Seller in writing of the defect and Seller shall have
30 days from the date of receipt of such notification to cure the defect. If Seller fails to timely cure the
defect, all funds paid by or on behalf of the Buyer shall, upon written demand made by Buyer and within
5 days after demand, be returned to Buyer and simultaneously with such repayment, Buyer shall return
Personalty and vacate Real Property and reconvey it to Seller by special warranty deed. If Buyer fails
to make timely demand for refund, Buyer shall take title "as is", waiving all rights against Seller as to
any intervening defect except as may be available to Buyer by virtue of warranties contained in the
deed. The escrow and closing procedure required by this provision may be waived if title agent insures
adverse matters pursuantto Section 627.7841, F.S. (1987), as amended.
16. 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.
17. 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: (Speci'{y known defects If none are known, write "NONE")
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Buyer shall have fifteen (15) days to investigate matters as disclosed herein 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.
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18. 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.
19. 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.
20. NOTICE
All notices provided for herein shall be deemed to have been duly given if and when deposited in the
United States Mail, properly stamped and addressed to the respective party to be notified, including the
parties to this contact, the parties attorneys, escrow agent, inspectors, contractors and all others who
will in any way act at the behest of the parties to satisfy all terms and conditions of this contract.
21. 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).
22. 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.
23. TYPEWRITTEN OR HANDWRITTEN PROVISIONS
Typewritten or handwritten provisions shall control all printed provisions of contract in conflict with them.
24. 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.
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25. 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.
26. 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.
27. 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 written 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.
APPROVED AND ACCEPTED this ~7tL day of ~Ul:t:..
,2002.
Countersigned:
CITY OF CLEARWATER, FLORIDA
BY:tiJ.~~ .,...g~-of!-:rr
iam B. Horne II, City Manager
APprOVerl..~. :
C/ '-~
J9h11 Carassas, Assistant City Attorney
Attest:
~,O~~CkL
-r -Cyn -""-E,.GO~d~a~,.~iIY Clerk
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Robert . King c:; Sara J. King - - - 7
Ebarrettonpwa1/citybuys/Stevenson Sump Contr(King)0602.doc
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