LAURA MAE GREEN
KARLEEN F. DE BLAKER, CLERK OF COURT
PItULAS COUNTY, FLORIDA all) 464-3008
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03-453001 OCT-23-2003 8:53AM
PINELLAS CO 8K 13161 PG 2657
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1C199932 10-23-2003 08:53:01 LCH
51 DED-WA MAE GREEN
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1":03453001 BK:13161 SPG:2657 EPG:2660
RECORDING 004 PAGES 1 $19.50
DOC STAMP - DR219 3 $28.00
RETURN TO:
Earl Barrett
Engineering Dept.
City of Clearwater
P. O. Box 4748
Clearwater, FI. 33758-4748
I Parcel No. 10.29-15-85446-001-0010
II GENERAL WARRANTY DEED II
TOTAL: $47.50
~RED: $47.50
rnAtff. $00
BV _ __IIPUTV ClERK .
THIS GENERAL WARRANTY DEED made this~ day of cf2~ ,
2003 by Laura Mae Green, widow and surviving spouse of Roosevelt Green,
hereinafter called the "Grantor", to the City of Clearwater, Florida, a municipal
corporation, whose mailing address is 112 South Osceola Avenue, Clearwater, Florida
33756, hereinafter called the "Grantee".
(Whenever used herein the term "Grantor" and "Grantee" include all of the parties to this agreement and the heirs, legal
representatives and assigns of individuals, and the successors and assigns of corporations)
WITNESSETH
That said Grantor, for and in consideration of $10.00 and other valuable considerations,
receipt whereof is hereby acknowledged, hereby grants, bargains, sells, aliens, remises,
releases, conveys and confirms unto the Grantee for right-of-way purposes, that certain
parcel of real property situate in Pinellas County, Florida, vis:
A portion of STEVENSON'S HEIGHTS, Block A, Lot 1, as recorded
in Plat Book 34, Page 13, Public Records of Pinellas County,
Florida, containing 1,088.81 square feet, more or less, being more
specifically described in EXHIBIT "A", pages 1 and 2, appended
hereto and a part hereof.
To have and to hold in fee simple forever, together with all the tenements,
hereditaments and appurtenances thereto belong or in anywise appertaining;
And the said Grantor does hereby covenant with Grantee that the Grantor is lawfully
seized of said landin-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 reservations, restrictions and easements of
record, if any, and taxes accruing subsequent to December 31, 2002, which shall be
paid by Grantor when due.
Page 1 of 2
UNiY rL.F\,
P1N~L.L.F\S ~~161 PO 2658
Qrr .R~C,eK
GENERAL WARRANTY DEED
Grantor: Laura Mae Green, a widow
Grantee: City of Clearwater, Florida
RE: Reynolds Avenue right-of-way
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.
Signed, sealed and delivered
in the presence of:
,~~ i~
itness signature
e'?'4A..e L/":;p
Print Witness Name
~~
Witness signature
i~JJ7tJ.L ~
Laura Mae Green
~~~
Print Witness Name
STATE OF FLORIDA )
) ss
COUNTY OF PINELLAS )
BEFORE ME, the undersigned authority, personally appeared Laura Mae Green
who executed the foregoing instrument and acknowledged before me that she did
execute the same as her free act and deed for the uses and purposes herein set forth.
ITNESS my hand and official seal this~ day of c:R ~ , 2003.
Notary Public - St e of Florida
Print/type name E:.L ~ ~~;II.
.
[~rsonally'Known
[ ] Produced Identification
Type of Identification Produced
(seal)
~, ~-"""""':'1,
(~~~~:~$;" EARL w. BARRErf \
.",' "'~ _~ -MY COMMISSION tlfCC 9276%, --j-
~ OF 1\-\;)"-: EXPIR ES: May 26, 2llO4
HJOO.3-NOTAAY FL Nolllly SelviCll & Bondi'\" 'h';
.___ '1IIl"~,'...:......
Page 2 of 2
"
THIS IS NOT A SURVEY
DESCRIPTION:
PINELLAS COUNTY rLA.
Orr,REC,8K 18181 PG 2859
A portion of Lot 1, Block "A", Stevenson's Height Subdivision as recorded in Plat Book 34,
Page 13 of the public records of Pinellas County, Florida being more particularly described
as follows:
Commence at the Northeast corner of said Lot 1, Block "A" for a Point Of Beginning;
thence S01'27'43"E, a distance of 72.28 feet; therice NOO.45'38"E, a distance of 20.04 feet
to a non-tangent curve the the left, having a Radius of 32.00 feet, an Arc Length of
37.83 feet, a Central Angle of 6T43'58", a Chord Distance of 35.66 feet which bears
N33'06'21"W, to a point of reverse curvature; thence along a curve to the right having a
Radius of 118.00 feet, an Arc Length of 38.38 feet, a Central Angle of 18'38'01 ", a Chord
Distance of 38.21 feet which bears N57"39' 19"W; thence N50"44'50"W, a distance of 3.62
feet to the North line of said Lot 1, Block "A"; thence S89"36'08"E, along said North line
of said Lot 1, Block "A", a distance of 56.14 feet to the Point Of Beginning.
Containing 1,088.81 Sguore feet or 0.02 Acres more or less.
GENERAL NOTES:
1. THERE MAY BE ADDITIONAL RESTRICTIONS AFFECTING THIS PROPERTY TH-A T MAY BE FOUND
IN THE PUBLIC RECORDS OF THIS COUNTY.
2. THIS LEGAL DESCRIPTION AND SKETCH WAS PREPARED WITHOUT THE BENEFIT OF A TITLE
POLICY.
3. BEARINGS ARE BASED UPON: The North line of Lot 1, Block "A", Stevenson's Heights
Subdivision, as recorded in Plat Book 34, Page 13, public records of Pinellas County, Florida
as being N89"36'08"W.
LEGEND:
(p) = PLAT INFORMATION
P.B. = PLAT BOOK
PREPARED FOR:
Pinellas' Count,
,,- '--- ,- 'Sket-ch~ an dDescription
Florida
EXHIBITUA"-
SHEET DESCRIPTION:
SCAlE: DAlE: DRAWN: CHECKED: QC:
N/A 6/23/2003 SMC SMC JHS
JOB No.: SECTION: lOWNSHIP: RANGE:
00083-101.00 10 29 S
, (
,
~ TBE GROUP, INC. \,
Engineers. Planners. Subsurface UtUlty Engine'
SurW1yors and Mappers
380 Park Place Blvd. Suite 300.
, Clearwater. Florida 33759
= 7_..h." (72n 531-350~ '"""",,n, (727) 53
Certificate of Authorization: LB 6668
State of Florida
NOT VAUD WITHOUT THE SIGNAlURE AND
IGINAL RAISED SEAL 0 DA
UCE SED SURVEYOR R.
JEFF H. SCOTT
PROFESSIONAL SlJR . ER
UCENSE NUMBER LS 5793 STAlE OF FLORIDA
Sheet 1 of 2
,
.
.--.
THIS IS NOT A SURVEY
PINELLAS COUNTY rLA
Orr,REC,8K 13181 PG 2880
56,14'
N
NOR'THUNE Of LOT 1, IllOa( . A"
SlE'/EIIISQN'S HElGHlS SUBDIVISION
NSO'44'50"W
3.62'
OVERBROOK AVENUE
80' RIGHT-Of-WAY
SIDEWALK ·
EASEMENT
DELTA - 18'J8'01-
ARC - J8.38'
RADIUS - 118.00'
CHORD - 38.21'
CHORD BEARING - N5T39'19"W
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20
,
SCAlE: 1-=20'
DELTA - 8T43'58"
ARC - $l.BS
RADIUS - 32.00'
CHORD - J5.66"
CHORD BEARING - N33'Q8'21"W
LOT 2
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LOT 1
STEVENSON'S HEIGHTS
P.B, 34. PAGE 13,
PINEUAS COUNTY, FLORIDA
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PREPARED FOR:
Pinellas Count Florida
,',Sk-etch-'onti Descript ion"-EXHtBIT~'A>>m
SHEET DESCRIPlION:
SCALE:
N/A
DATE: DRAWN:
6/23/2003 SMC
SECTlON:
10
CHECKED:
QC:
NOTE:
1. See sheet 1 of 2 for general note, Legend. and
Surveyor's Certification,
00083-101. 00
SMC
TOWNSHIP:
29 S
JHS
RANGE:
15 E
.IClB No.:
... TBE GROUP. INC.
Engineers. Planners. Subsurface Utility Engineers.
Surveyors and Mappers
380 Pork Place Blvd, ,Suite 300,
Clearwater, florida 33759
- T.""oo' (727) 531-3505. ,,,,,,,,,n, (7Z7) 539-1'"
Certificate of Authorization: LB 6668
State of Florida
2. This Sketch and Description is not full and
complete without both pages 1 of 2, and 2 of 2,
Sheet 2 of 2
KARlEEN F. DE BLAKER, CLERK OF COURT
PItlliAS ClUnY, FLORIDA (727) 464-3OOB
---------------------------------------
. PAGES L
ACCT # ~~
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1C199931 10-23-2003 08:51:35 LCH
51 P IR-RlmEVEL T GREEN
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1#:03452997 BK:13161 SPG:2650 EPG:2653
REClRDING 004 PAGES 1 $19.50
RETURN TO:
Earl Barrett
Engineering Dept.
City of Clearwater
P. O. Box 4748
Clearwater, FI. 33756-4748
TOT(t: $19.50
I}(CJ( Ilff. TENDERED: $19.50
CHANGE: $.00
BY ___ DEPUTY CLERK
,.. --- .--~-_._-,--------
03-452997 OCT-23-~003 8:51~!
PINELLAS CO 8K 13181 PG 2850
1IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIJ~l~IDIIIUgL ,__
I Parcel No. 10-29-15-85446-001-0010
PARTIAL RELEASE OF MORTGAGE LIEN
KNOW ALL MEN BY THESE PRESENTS: WHEREAS, Roosevelt Green and
Laura Mae Green, husband and wife, (herein "Mortgagor") by Indenture of Mortgage
dated January 20, 1987 as recorded in Official Records Book 6412, Page 2088 of the
Public Records of Pinellas County, Florida, granted and conveyed to the City of
Clearwater, Florida, a Florida municipal corporation, its successors and assigns (herein,
"Mortgagee"), a security interest as described therein in the following parcel of land
being located and situate in the City of Clearwater, County of Pinellas, State of Florida
legally described as
STEVENSON'S HEIGHTS, Block A, Lot 1 as recorded in Plat Book
34, Page 13 of the Public Records of Pinellas County, Florida
AND, WHEREAS, Mortgagor has requested that Mortgagee release the following
described portion of the above referenced parcel of land from the lien, encumbrance and
operation of said Mortgage:
A portion of said STEVENSON'S HEIGHTS, Block A, Lot 1 as
recorded in Plat Book 34, Page 13, Public Records of Pinellas
. County, Florida, containing 1,088.81 square feet, more or less, being
more specifically described in EXHIBIT "A", pages 1 and 2 (herein,
"Premises"), appended hereto and a part hereof.
(~.~~~ :z
e::=-::: ;l g TO HAVE AND TO HOLD THE SAME, with all appurtenances pertaining thereto,
c:;;:-. 8 5~ to said Mortgagor, their heirs and assigns, forever freed and discharged of and from
c=- ~ f:, e lien of said Mortgage, and every part thereof; provided, however, that nothing herein
= r- ~'.~~ ntained shall in any way impair, alter or diminish the effect, lien, encumbrance and
~ I cj~ eration of the aforesaid Mortgage on the remaining portion of said mortgaged parcel
",-"'"
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NOW, THEREFORE, in consideration of the receipt of $10.00 and other good
an, d valuable c" 0" nsidera,tio" n,' the re" ceip"t"and s,u" ,ff" ic, ,iency" ,of,which, is",hereb"y" a" c,k, n",ow,l"e,d, ,g, ",ed,
Mortgagee, at thetIme'and upon 'the execution hereof, does remise, release~ quit-claim,-
exonerate and discharge forever all of that above described Premises from the lien and
eration of said Mortgage.
~
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RE: Partial Release of Mortgage Lien
STEVENSON'S HEIGHTS, Block A, Lot 1
PINELLAS COUNTY FLA.
OFF, REC ,6K 13 18 1 PG 285 1
of land not hereby specifically released, or any of the rights and remedies, at law or in
equity, that Mortgagee shall have thereto.
IN WITNESS WHEREOF, said Mortgagee has hereunto set its hand and seal
this ":;J;riii";"day of ~ ' 2003.
F CLEARWATER, FLORIDA
By ~
William B. Horne, II, City Manager
Attest:
. ,. 'Z' J1---'.QQ~
n hia.;E: 'Goudeau: City Clerk
STATE OF FLORIDA
: 55
COUNTY OF PINELLAS
BEFORE ME, the undersigned, personally appeared William B. Horne, II,
the City Manager of the City of Clearwater, Florida, the person who executed the
foregoing instrument and acknowledged the execution thereof to be his free act
and deed for the use and purposes herein set forth, and who is personally known
to me.
WITNESS my hand and official seal this & of ~~, 2003.
,f;;p ~ jJ~ My Commission Expires:
Notary Public - State of Florida
~'c<\f.)A ,LJJl60J
Print/type Name
",'\'~'t""" "",' , ".., Denise A. Wilson
l~~i'Wf\ MYCOMMlSSION#l:C914107EXPIRES
-*. .*i
W. .:~E June 18, 2004
''1J,'I.''';f.,.~'''$ BONDeD THRU TROY FAIN INSURAN~>
,flu,,'
APProve~,orm:
1,/j
~p
I
Laura Lipowski, Assistant City Attorney
2
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THIS IS NOT A SURVEY
DESCRIPTION:
PINELLAS COUNTY rLA,
Orr,REC,8K 13181 PG 2852
A portion of Lot 1, Block "A", Stevenson's Height Subdivision as recorded in Plat Book 34,
Page 13 of the public records of Pine lias County, Florida being more particularly described
as follows:
Commence at the Northeast corner, of said Lot 1, Block "A" for a Point Of Beginning;
thence S01"27'43"E, a distance of 72.28 feet; thence NOO.45'38"E, a distance of 20.04 feet
to a non-tangent curve the the left, having a Radius of 32.00 feet, an Arc Length of
37.83 feet, a Central Angle of 67.43'58", a Chord Distance of 35.66 feet which bears
N3S06'21''W, to a point of reverse curvature; thence along a curve to the right having a
Radius of 118.00 feet, an Arc Len'gth of 38.38 feet, a Central Angle of 18.38'01 ", a Chord
Distance of 38.21 feet which bears N5T39'19"W; thence N50.44'50"W, a distance of 3.62
feet to the North line of said Lot 1, Block "A"; thence S89.36'08"E, along said North line
of said Lot 1, Block "A", a distance of 56,14 feet to the Point Of Beginning.
Containing 1,088.81 Square feet or 0.02 Acres more or less.
GENERAL NOTES:
1. THERE MAY BE ADDITIONAL RESTRICTIONS AFFECTING THIS PROPERTY THAT MAY BE FOUND
IN THE PUBLIC RECORDS OF THIS COUNTY.
2. THIS LEGAL DESCRIPTION AND SKETCH WAS PREPARED WITHOUT THE BENEFIT OF A TITLE
POLICY.
3. BEARINGS ARE BASED UPON: The North line of L.ot 1, Block "A", Stevenson's Heights
Subdivision, as recorded in Plat Book 34, Page 13, public records of Pinellas County, Florida
as being N89"36'08"W.
LEGEND:
(P) = PLAT INFORMATION
P.B. = PLAT BOOK
PREPARED FOR:
Pinellas' Count Florida
"Skelch'6hd DCe-scrTr:HTon "EXHIBIT"Af1 ,.
, $HmMSCRIPJION:
SCALE:
N/A
DATE: DRAWN:
6/23/2003 SMC
SEC1IClN:
CHECKED:
QC:
..-
NOT VAUD WITHOUT THE SIGNATURE AND
GINAL RAISED SEAL 0 DA
UCE SED SURVEYOR R.
00083-101.00
10
SMC
TOWNSHIP:
29 S
JHS
RANGE:
15 E
JOB No.:
~ TBE GROUP. INC. '
Eng__. PI=n~. S.bw"~ "INlty Eng".....
Surveyors and Mappers
3BO Park Place Blvd, Suite 300,
Clearwater, Florida 33759
Telephone (727) 531-3505, FacslmDe (727) 539
Certlflcote of Authorization: La 666B
State of F1orldo
Sheet
of 2
I, ,l
THIS IS NOT A SURVEY
PINELLAS COUNTY rLA
Orr.REC,8K 13161 PG 2853
NORlH UNE Of LOT I, BLOCK "A.
5lE'i1:NSON'S HElGHlS SUBDIVISION
N50'44'50'W
3.62'
OVERBROOK AVENUE
80' RIGHT-OF-WAY
56.14'
N
SIDEWALK
EASEMENT
DELTA - 18"38'01'
ARC - 38.38'
RADIUS - 118.00'
CHORD - 38.21'
CHORD BEARING - N5TJ9'IS"W
in
N
N
"
o 5 10
20
,
SCALE: 1'=20'
DELTA - 8T4J'58"
ARC - 37.83'
RADIUS - 32.00'
CHORD - 35.66'
CHORD BEARING - NJJ"06'21.W
LOT 2
......
~
in
'"
....
a
LOT 1
STEVENSON'S HEIGHTS
P.B. 34, PAGE 13,
PINELL.AS COUNTY, F\,.ORIDA
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PREPARED FOR:
Pinellas Count Florida
U --SkefC h- aMUes crrpITon-- - EXHIBIT "A"
S!:lgr" ~IPlION:
SCALE:
N/A
DAlE:
DRAWN:
CHECKED:
QC:
NOTE:
1. See sheet 1 of 2 for general note, Legend, and
Surveyor's Certification,
JOB No.:
6/23/2003 SMC
SEC1lON:
00083-101.00
10
SMC
TOWNSHIP:
29 S
JHS
RANGE:
15 E
..... TBE GROUP, INC.
Engineers. Planners. Subsurface UtHlty Engineers .
Surveyors and Mappers
380 Park Place Blvd. Suite 300,
Cloarwater, florida 33759
,....~. (727) 531-3505. F.....n. (727) 539-1294
Certificate of Authorization: LB 6668
State of florida
2. This Sketch and Description is not full and
complete without both pages 1 of 2, and 2 of 2,
Sheet 2 of 2
CONTRACT FOR PURCHASE OF REAL PROPERTY
BY
THE CITY OF CLEARWATER, FLORIDA
PARTIES: Laura M. Green, a widow (herein "Seller"), of 1240 Claire Drive, Clearwater, FI. 33755-2615,
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 ("Personalty") (collectively "Property")
upon the following terms and conditions.
1. LEGAL DESCRIPTION: A portion of STEVENSON'S HEIGHTS, Block A, Lot 1, as recorded
in Plat Book 34, Page 13, Public Records of Pinellas County, Florida,
as more particularly described and depicted in EXHIBIT "A" (2 pages)
appended hereto and a part hereof, and containing 1,088.81 $quare
feet, more or less.
PERSONALTY: None included in purchase price.
2. FULL PURCHASE PRICE ......................................................................................$ 4,00000
3. MANNER OF PAYMENT: City of Clearwater check in U.S. funds at closing.............. $ 4,00000
4. PURCHASE PRICE DETERMINATION
The Full Purchase Price shown herein has been reached through staff negotiations with the Seller. The
Purchase Price has been calculated by multiplying the $2.94 per square foot land valuation determined
by mass appraisal techniques utilized by the Pinellas County Property Appraiser by 125% of that
amount to establish the Purchase Price of $3.67 per square foot, rounded up to the nearest $5.00.
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 City Manager 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 presentation, it shall become 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
Deed 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 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 30 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 30 days without effect upon any other term, covenant or condition contained in this contract.
10. CLOSING DOCUMENTS
Buyer shall furnish closing statements for the respective parties, deed, bill of sale (if applicable),
mechanic's lien affidavit, mortgage estoppel letter and partial release of lien instrument, and corrective
instruments as may be required.
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.
Page 2 of 5
12. PROPERTY CONDITION
Seller shall deliver the Property to Buyer at closing in its present "as is" condition, ordinary wear and
tear excepted. Seller makes no warranties other than is disclosed herein in Paragraph 15 ("SELLER
WARRANTIES") and marketability of title.
13. 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.
14. 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.
15. 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: NONE
16. 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.
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17. 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.
18. 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.
19. 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).
20. 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.
21. TYPEWRITTEN OR HANDWRITTEN PROVISIONS
Typewritten or handwritten provisions shall control all printed provisions of contract in conflict with them.
22. 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.
23. 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.
24. 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.
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. '
25. 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 //~ day of ~~ , 2003.
BUYER
Countersigned:
Approved as to form:
Laura
CITY OF CLEARWATER, FLORIDA
BY:~"~"'B. ~~-xr
illiam B. Horne II, City Manager
Attest:
~~a~~~L
f-v Cynt la . Goudeal:J-, -City Clerk
- - - - - - - - - . - - - - - - - - - - - - - - - - - - - - - - - - - - - . - - - . - - - - - - . - - - - - - - . - - - - - - - - - - - - - - - - - - -
I SELLER
ftuVUL r!1. ~~
Laura M. Green
Ebarrettonpwa1/citybuys/Laura M. Green 0703.doc
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