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AMERICAN HOUSING CORPORATION (2) CONTRACT FOR SALE OF REAL PROPERTY BY THE CITY OF CLEARWATER, FLORIDA PARTIES: The CITY OF CLEARWATER, FLORIDA, a Municipal Corporation of the State of Florida (herein "Seller" or "CIty"), P. O. Box 4748. Clearwater. Florida 33758-4748, ATTENTION: City Manager, Phone: (727) 562-4050, and AMERICAN HOUSING CORPORATION, a Florida corporation (herein "Buyer"). of 6580 72rwl Avenue North, Pinenas Park. Florida 33781, Phone: (727) 546-6611, (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 nUS CONTRACT IS THE DATE OF EXEctmON BY DULY AUTHORIZED CITY OFFICIALS. TIME IS OF THE ESSENCE; IN THIS CONTRACT. Time periodsof5d~ysorl".,sbaJl 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. of the n.. ext business day, .. . I t7. I' ':> '''2.a . \"5 . 3rt;'; J . 6:.:I.;~. 0 "H I." 1, PRnPFRTV nF!l;r.RIPTlnN I 0 . ;) 9 .. ~5 - 1,?-.ss.~~, - 00," ... 0 l!'.~ (l LEGAL DESCRIPTION: Lot 47 and Lot 48, Block "F", GREENWOOD PARK NO.2, a8 recorded in Plat Book B, Page 16, Public Records of Pinellas County, Florida. STREET ADDRESS (City/State/Zip): 1128 and/or 1130 ~Bluff Street, Clearwater, FL 33755 f'~ PERSONAL TV: None (vacant parcel) 2, Filii PlIRr.HA!l;F PRICF ................,...........................................................................$ '500200 3. MANNFR OF PAYMFNT ------- - ---._--- -. _IotaiaiTiouiiuobe:paj(fBi~CiOsii1g:jn-:-U:s::fuods. cash.-eertified Of- cashier's check, subjectto adjuslments and proratlons........,.....,....................................$ 25 002 00 4. TIMF FOR Acr.I"PTANr.F Following execUtion of this contract by Buyer, 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 of the City of Clearwater for acceptance and approval, or rejection by action of the Clearwater City Council ("Council"), If this agreement is accepted and approved by the Council, II will be executed by duly authorized City officials and delivered to Buyer within 10 days thereafter, If the Council upon Inllial presentation. rejects this contract, this contract shall be null and void in all respects and Buyer shall be so informed in writing Within 5 days of such action. 5. IIILE Seller shall convey marketable title to the Property by Special Warranty Deed, subject only to matters contained in Paragraph 6 and those otherwise accepted by Buyer. Otherwise title shall be free of tiens, easements and encumbrances of record or known to Seller. but subject to property taxes for the year of closing, if any; 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 Ihe Property infill residential development. 6. TIT! F FVln~NCE Buyer may, ~t Buyer expense and within 10 days prior to closing date obtain a titie insurance commitment issued by a Florida licensed title insurer agreeing to liens, encumbrances,exceplions or qualifications set forth in this Contract, and those which shall be discharged by Seller at or before closing. SeHer 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 Tilte 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 lime provided therefore, including the bringing of necessary suits. 1 1. CFRTAlN RIGHTS RFSI;RVFD As required by Seclion 270.11, Florida Statutes, the Seller reserves unto itself and its successors an undivided three-fourths (314) interest in, and lltJe In and to an undivided three-fourths (3/4) Interest in, all the phosphate, minerals, and metals that are orrnay be in, on or under the real property described herein, and an undivided one-half (112) interest In all the petroleum that is or may be In, on, or under said property with the privilege to mine and develop the same. If thl'! I'Al'II prqp~ being mnv~ hl'!reunder is less thAn '0 r.nntiguous aCl'A$, is presently deVAIQpl'!d and/or there F!vieds future dAVAIQpment plans and thArA Is IlftlF! likelihond of Ihe presenr.e of any of the minerals or petroleum mnlamplated I1y Section 270 11 Florida StAtutl'!S in All such instances Ihl'! City el(pressly releases thl'! Above dA.c;r.ribed rights B1lyer pAtltion fnr such relRBSA is AVidAnr.Ad Ily execution of this mntract 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 Aorida 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 resb1ctlons, contract covenants or applicable governmental regulation, the-.!~me shall constitute a title _~_~____.,_,____..__,_~____._____. __n______ __________.._,.... ,., ..,.,.....______________._._____.n_ 9. CLOSING PLACE AND DATE . Seller shall deSignate closing agent and this transaction shall be closed In the offices of the designated closing agent in Pinellas County, Florida, on or before 30 days following 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 Qfforts to comply, then upon giving written notice to the other party, time of closing may be extended up to 45 da~ without effect upon any other t8lTT1, covenant or condition contained in this contract. 10. CLOSINr. DOCUMENTS Seller shaD fumish deed, bill of sale, mechanic's lien affidavit, assignments of leases, tenant and mortgage estoppel letters, and corrective instruments as applicable to this transaction. Buyer shall fumish closing statement 11. CI. OSINr. FlCPENS!;s Recordation .of the deed and Documentary stamps on the deed, unless this transaction is exempt under Chapter 201.24, Rorida Statutes, shall be paid by the Buyer. Seller shall pay the costs of recording any corrective instruments. ------1z:-PRnRATInNSrCRI'!DITS.---..... If there should exist any taxes, assessments, rent and other revenue specific to the Property, all of such expenses and revenue shall be prorated through the day before closing. 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, PROPFRTY 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 and marketability of litie. Buyer's covenant to purchase the Property "as Is. Is more specifically represented in either subparagraph a. or b. as marked [X]. a. [ ] As Is: . Buyer has inspected the Property or waives any right to Inspect and accepts the Property in its present "as is" condition. b. [Xl As Is With Right of Inspection: Buyer may, at Buyer expense and within 28 days from Effective Date ("InspectionPeriod"), conduct inspections, tests, environmental and any other investigations of the Property Buyer deems necessary to determine suitabHity for Buyer's intended use. Seller shall grant reasonable access to the Property to Buyer, its agents, contractors and assigns for the purposes of conducting the Inspections provided, however, that all such persons enter the Property and conduct the inspections and investigations at their own risk. Seller will, upon reasonable notice, provide utilities services as may be required for Buyer's Inspections and investigations. Buyer shall not engage in any activity that could result In a mechanics lien being filed against the Property without Seller's prior written consent. Buyer may terminate this contract by written notice to Seller prior to expiration of the Inspection Period if the inspections and/or investigations reveal conditions that are reasonably unsatisfactory to Buyer, unless Selle~ elects to repair of otherwise remedy such conditions to Buyer satisfaction. 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. 14. SELl FR HB..D HARMLESS Buyer agrees to indemnify and hold harmless the Seller without limitation from any losses, damages, costs, including attorney's fees,claitns of injury to or death of any person{s), any damage to property of Buyer, or the Property, and from and against any and every liability to any person arising from Buyer conduct of inspections, investigations and any other work ---~rformed pursuant to Paragraphs...8-.and.13--above....--- - ... __ __._ .________._.._.______ 2 15. RISK OF I o.QS [WH~RE; APPLlCABLE;J If the Property Is damaged by fire or other casualty before closing and cost of restoration does not exceed 3% of the asisessed 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 connct 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 taking the Property "as is", iqgether with either the 3% or any insurance proceeds payable by virtue of such loss or damage, or of canceling this contract. 16. PROCEEDS OF SAI E. ClOSING PROCF'DIIRE The deed shall be recorded upon clearance of funds. Proceeds of sale shall be held in escrow by Seller's attomey 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 tiUe 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 shaH have _._ -.-3O-da}/$ frnm tt>.. rf'\f.. nf l'f'!r.Aipt nf Rllm nntlfication..to-.eure...tl1a..defe fails 10 timely cure the defect. all funds paid by ,----or ornrenalr-ottlTe- BuyerlllTalr,upon-writtendemarm-made-by-Buyerand-within-5days-after-demand;be-retumedtoBuyer.- and simultaneously with such repayment, Buyer shall retum Personalty and vacate Real Property and reconvey it to Seller by special warranty deed. If Buyer falls to make timely demand for refund, Buyer shaD take litIe "as Is", waiving all rights against Seller as to any intervening .defect except as ..Olay be l1vallable to Buyer by virtue of warranties contained in the deed. The escrow and closing procedure required by this provision may be waived If We agent insures adverse matters pursuant to Section 627.7841, F.S. (1987), as amended. 17. DEFAIJI T If Buyer fails to perform this contract within the time specified (including payment of all deposit(s)), the deposit(s) paid by Buyer may be retained by or for the account of .Seller as agreed upon liquidated damages, consideration for the execution of this contract and in full settlement of any claims; whereupon, Buyer and Seller shall be relieved of all obligations under this contract; or Seller, at Seller option, may proceed in equity to enforce Seller's rights under this contract. If, for any reason other than failure of Seller to make Seller's title marketable after diligent effort. Seller fans, neglects or refuses to perform this contract, the Buyer may seek specific performance or elect to receive the retum of Buyer deposit(s) without thereby waiving any action for damages resulting from Seller's breach. 18. RADON r.AS NOTFIr.ATION .._~--~'---RADeN-GAS:-Radon1s-a-nab:II'BIIY"1JcctlfI'ing-radioactlve--gas that, when- iHlas-aceumulatedin-a- buHdlAjt-- ------ --lnsUiftCienfquan6tTes; may preserifhealth i'iskStoparsons woo ailnixpo5eiftlfirover-tlme~ levels. of radon that exceed federal and state guidelines have been found in buUdings In Florida. Additional information regarding radon and radon testing may be obtained from your county public health unit. 19. CONTRACT NOT RECORDARI E; PFRSONS ROUND 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 shail include all. 20. t!CIIICE 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' PJ:=RSONS ROUND This contract is 04 assignable ( ] not assignable. The terms "Buyer", "Seller", and ''Broker'' (If any) may be singular or plural, This Connct is binding upon Buyer, Seller, and their heirs, personal representatives, successors and assigns (if assignment is permitied). 22. ATTORNEY FFFS; COSTS In any litigation arising out of this contract, the prevailing party shall be entitled to recover reasonable attomey's fees and costs. 23. NO RROKFR Seller and Buyer represent and agree they have dealt with no Broker or finder in connection with the transactions contemplated hereby. Seller and Buyer further agree to indemnify the other from any damage, liability or expense either may suffer as a resull of any claim of a Broker or finder with whom it is determined that the other party has dealt with in contravention of this agreement; except, however, that total City obligations under this provision shall be subject to the limits and restrictions of the Florida sovereign immunity statute, F.S. 768.28. 3 24. TYPEWRITTEN OR HANOWRITTFN PROVISIONS Typewritten or handwritten provisions shall control all printed provisions of contract in conflict with them. 25. J:;FFECT OF PARTIAL INYAllOrrY 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 shaD 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. 26. GOVERNING I AW 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, -2Z- COIINTERPARTSj FACSIMILI; cnpv 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 he~of.and any initials or signature thereon shall be deemed an original. 28, SPFCIAL CI AIJSES [ X ) Not applicable, OR [ ] An Addendum containing special clauses that constitute agreements and covenants between the parties is attached to and an integral part of this contract and without further acknowledgment is confirmed and accepted by the parties. When any special clause in the Addendum is in conflict with any provision contained elsewhere in this contract, then the special clause shall govern. 29. MFRGER RV nFFO All covenants, warranties, and representations contained herein shall merge with the deed at time of closing. Upon delivery of deed by the City, and acceptance thereof by Buyer, the Buyer shall hold the City forever harmless \hereafter, 30. ENTIRF AGRE"'UENT Upon tlxtlCution by Selferand-Buyer,-this. contract. shalt'-constittlte-the-<<ltire-agreement between -the--paJ1les;-shaII- ... ---- - n supersede any.and all priOr and c::orifemporarieouswritfenahdorarpromises;representatlons. or condition. irfrespecttheteto. 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: ~ It/I); I ' ,2004 AMERICAN HOUSING C FID#59-~1B28 .&'/ /' --------..--------------------------..------..---....-...-....---...------------ APPROVED AND ACCEPTED THIS ~ay of ~ Countersigned: CITY OF CLEARWATER, FLORIDA /2.- '~""tf)~~.~~ Brian J. AUng~~ --------- William B. Horne, II, City Manager ,2004. Approved as to form: ATTEST: Lau, Lipowski, Assistant City Attorney .. t 4 --------- ----.------ A. U.S.DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT B.TYPE OF LOAN '- ~--~ 1. [ ] FHA 2, [ ] FMHA 3. [ ] CONV . UNINS. . .!!. [ ]VA 5. [ ] CONV . INS. [X] Cash (6) 6. FILE NUMBER: 7. LOAN NUMBER: Final 04159176 . 8. MTG. INS. CASE NO.: --~-_. C.NOTE: This form is furnished to give you a statement of actual seulement costs. Amounts paid to and by the settlement agent are shown. Items marked ("p.o.c. ") were paid outside the closing: they are shown here for information purposes and are not included in the totals. ---~~.." D.. NAME OF BORROWER: AMERICAN HOUSING CORPORATION , A FLORIDA CORPORATION ADDRESS: 6580-72ND AVENUE N, PINELLAS PARK, FL. 33781 E. NAME OF SELLER: CITY OF CLEARWATER, FLORIDA ADDRESS: P.O. BOX 4748, CLEARWATER, FL. 33758 SELLER TIN: F. NAME OF LENDER: ADDRESS: G.PROPERTY LOCATION: GREENWOOD PARK NO. 2 BLK F LOTS 47 AND 48 VACANT PINE BLUFF STREET CLEARWATER FL 33755 .- H. SETTLEMENT AGENT: STEWART TITLE OF PINELLAS CLOSER: TERESA K. BEACH PHONE NUMBER: ADDRESS: 4134 CENTRAL AVE., ST. PETE. , ST. PETERSBURG, FL 33711 SETTLEMENT AGENT TIN: 59-1173288 PLACE OF SETTLEMENT: STEWART TITLE OF PINELLAS INC PHONE NUMBER: (800) 611-9224 I.SETTLEMENT DATE ADDRESS: 7191 66TH STREET N. Closing date: 07/27/05 PINELLAS PARK, FL 33781 Proration date: 07/27/05 J. SUMMARY OF BORROWER'S TRANSACTION K. SUMMARY OF SELLER'S TRANSACTION 100. GROSS AMOUNT DUE FROM BORROWER: 400. GROSS AMOUNT DUE TO SELLER: 101. Contract sales Drice 25,002.00 401. Contract sales price 25,002.00__ 102. Personal property . 402. Personal property ----.- 103. Seulement charges to borrower(line 1400) 639.20 403. _~U__... 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 !axes to --- 107. County !axes 10 407. County !axes to 108. Assessments to 408. Assessments to 109. 409. 110. 410. 111. 411. ---------- 112. 412. ------.- 120. GROSS AMOUNT DUE FROM BORROWER: 25,641.20 420. GROSS AMOUNT DUE TO SELLER: 25,002.00 200. AMOUNTS PAID BY OR IN BEHALF OF BORROWER: 500. REDUCTIONS IN AMOUNT DUE TO SELLER: 20 I. Deposit or earnest money ! 501. Excess deposit(see instructions) - .102. PrinciIJal amount of new loan(s) 502. Seulement charges to seller(line 1400) -.--- 203. Existing loan(s) taken subject to 503. Existing loan(s) taken subject to --------- 204. 504. Payoff of first mortgage loan 205. 505. Payoff of second mortgage loan 206. 506. --.- 207. 507. _un ... 208. 508, .. - -,,------"- 209. 509. Adjustmentsfi)r items unpaid by seller: Adjustments lor items unpaid by seller: 210. City/townk1xes to 510. City/town taxes to .-- .. }II. County taxes to 511. County U\xes to -- ----- 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: 300. CASH AT SETTLEMENT FROM/TO BORROWER: 600. CASH AT SE1TLEMENT TO/FROM SELLER: 30 I. Gross amount due from borrower(line 120) 25,641.20 60 I. Gross amount due to seller(line 420) 25,002.00.. 302. Less amounts IJaid by/for borrower(line 220) 602. Less total reductions in amount due seller(line 520) --~--~---- 303. CASH IX FROM] [ TO] BORROWER: 25,641. 20 603. CASH [X TO] I FROM] SELLER: 25,002.00 SUBSTITUTE FORM 1099 SELLER STATEMENT-TIle infonnation contained in Blocks E,G,H and I and on line 401 (or, if line 401 is asterisked, lines 403 and 404) is important !ax information and is being furnished to the Internal Reyenue Service. If you are required to tile 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; lor other transactions, complete the applicable parts of Form 4797, Fonn 6252 and/or Schedule D (Form 1040). You are required by law to provide Stewart Title of Pinellas, Inc. with your correct taxpayer identification number. If you do not provide Stewart Title of Pinellas, Inc. with your correct !axpayer identification number, you may be subject to civil or criminal penalties. Under penalties of perjury, I certify that the number shown on this sk1tement is my correct taxpayer identification number. Seller 700. TOTAL SALES/BROKER'S COMMISSION Based on $ Division of Commission (line 700) as follows: ml.$ W . 702. $ to 703, Commission oaid at settlement 704. 800. ITEMS PAYABLE IN CONNECTION WITH LOAN. @ %= PAID FROM BORROWER'S FUNDS AT SETI1~EMENT PAID FROM SELLER'S FUNDS AT SETfI,EMENT F.j le 041~9176 F'j na 1 L. SETTLEMENT CHARGES 801. Loan Origination fee 802. Loan Discount 803. Appraisal fee 804. Credit Report % % to to 805. Lender's inspection fee to 806. Mortgage Insurance aoplication fee to 807. Assumption Fee to 808. 10 809. to 810. to 811. to 812. to 900. ITEMS REQUIRED BY LENDER TO BE PAID IN ADVANCE. 90 l. Interest from to @$ --- ..-- ~._----_.,------- ,-----..---. /dav 902. Mortgage insurance premium fix 903. Hazard insurance premium for mo. to yrs. to 904. yrs. to 90S. 1000. RESERVES DEPOSITED WITH LENDER 100 I. Ilaz:lrd Insurance - 1002. Mortgage insurance 1003. City propertv taxes 1004. County property taxes 1005. Annual assessments (Maint.) 1006. 1007. 1008. mo.@$ mo.@$ mo.@$ mo.@$ mo.@$ mo.@$ mo.@$ mo.@$ pcr mo. per mo. per mo. per mo. per mo. per mo. per mo. per mo. 1100. TIlLE CHARGES: 11 0 1. Settlement or closing fee 1102. Abstract or title search 1103, Title examination 1104. Title insurance binder l105. Document preparation 1106. Notary fee 1107. Attorney's fee to (includes above items No.: 1108. Title insurance (includes above items No.: ) 1109. Lender's coverage $ _'-' 10. Owner's coverage 25,002.00 $ 1111. FLA PROM RATE 43.13 POC to 1112. SHIPPING/HANDLING FEES to 1113. ASSESMENT SEARCH to 1114. to 1200. GOVERNMENT RECORDING AND TRANSFER CHARGES 1201. Recording fees: Deed $ 18.50 Mrtg $ 1202. City/countv tax/stamps: Deed $ Mrtg $ 1203. State tax/stamps: Deed $ 175.70 Mrtg $ IW4. W 12M. ~ 1206. to 1300. ADDITIONAL SETrLEMENT CHARGES 1301. Survey to 1302. Pest inspection to 1303. to 1304. tll 1305. .At-, 1400. TOTAL SETrLEMENT CHARGES (ente~~ 103, Section J and 502, Section K) 639.20 CE~WICATION: I have carefully reviewed ~tlt1ement Statement and to the best of my kno,,::~:~"d belief, it is a true and accurate statementllf all rectI and disbursements made on my ~'~ne il( thi~. I turther certify that "r~ a CO~I-';~~1 ~nt St~t~I~~ f/ //./ - 1/ r/ /'fJ /./ /f~ ~:~~settl~ent Statement ~ J'e Ip/;a# is a true andJccurate account of thi~~actio: !have ca~ed or will ca~le funds to be dis:Ursed in acctan~eL~~is ~ta~m;n~. j / f!JT~/ a f) j( '-/ III Irl(--- f ] Y J' J // /1 j /~ M ~~'------ l /(/' / / <.A.) S~t gem v/ / Date { I to STEWART TITLE OF PINELLAS to STEWART TITLE OF PINELLAS to STEWART TITLE OF PINELLAS INC INC INC 100.00 75.00 25.00 to to to to to STEWART TITLE OF PI NELLAS I NC 200.00 200.00 STEWART TITLE OF PINELLAS STEWART TITLE OF PINELLAS CITY INC INC .. 20.00 25.00 ReI. $ 18.50 175 .70 --.---..-- WARNING: It is a crime to knowingly make false statements to the United States on this or any other similar fonn. Penalties upon conviction can includc a tine and imprisonment. For details see: Title 18: U.S. Code Section 1001 and Section 1010. DISBURSEMENT AUTHORIZATION DATE: JULY 27, 2005 FILE NO. 04159176 The undersigned hereby agree that all conditions and stipulations of the Contract for Sale dated have been met and that all necessary pertinent documents have been supplied and approved, and that all contingencies have been met. The termite inspection report done by dated has been supplied to the purchaser and he has read, understands, and accepts the report as presented. It is agreed by the undersigned and understood that Stewart Title of Pinellas, Inc. has not ordered said report and that they will not hold Stewart Title of Pinellas, Inc, liable for the accuracy and sufficiency of the contents of said report. r ] Taxes have been prorated on the basis of 2004 taxes, In the event the actual taxes for 2005 are different, buyer and seller agree to make an adjustment outside of closing when such figures become available and agree not to hold Stewart Title of Pinellas, inc, liable or responsible for said adjustment. [ ] Taxes have been prorated on gross tax amount. [ ] Taxes have not been prorated. Yes [ ] No [ x] I authorize Stewart Title of Pinellas, Inc. to hold $ pending clearance of final water bill and hereby hold Stewart Title of Pinellas harmless as a result of same, The undersigned agree to those figures as set forth on the Settlement Statement thereby authorizing Stewart Title of PinelIas, Inc, to disburse those funds in accordance with said statement and will hold Stewart Title of Pinellas, Inc. harmless by reason of such disbursement. The undersigned purchasers, sellers, and/or mortgagors hereby acknowledge that funds for completion of the captioned transaction have tieen received and disbursed as of this date. In consideration of the foregoing, the undersigned hereby authorize the Title Company to employ a banking institutIon of its choice as a depository of the funds and waives any claim to interest or other benefits that may be earned by Stewart Title of Pinellas, Inc, as a result of such banking arrangement. The undersigned purchasers and sellers authorize Stewart Title of Pinellas to furnish a copy of executed Settlement Statement to the Borrower's insurance company, if applicable, SELLERS: PURCHASERS: CITY OF CLEARWATER, FLORIDA AMERICAN HOUSING CORPORATION , A FLORIDA CORPORA BY'~~ BY: SELLERS FORWARDING ADDRESS: PURCHASERS MAILING ADDRESS: P.O. BOX 4748 6580-72ND AVENUE N CLEARWATER, FL. 33758 PINELLAS PARK, FL. 33781 LIEN AFFIDA VIT . DATE: July 27, 2005 FILE NO. 04159176 BEFORE ME, the undersigned authority, personally appeared CITY OF CLEARWATER, FLORIDA ("Affiant"), who first being duly sworn, deposes and says: /1> T7; rt.e test ~ Afl:i91V1S~sr:w4L 1. That affiant is the owner of that certain real property known as I-<,J~~ VACANT PINE BLUFF STREET, CLEARWATER, FL 33755 and being legally described as: LOTS 47 & 48, BLK. F, GREENWOOD PARK NO 2 2. That Affiant has possession of the Property, and there is no other person or entity in possession who has any right in the Property. 3. That no "Notice of Commencement", as contemplated by Section 713.13 Florida Statutes, has been recorded or posted affecting the Property, nor has it received a "Notice to Owner", as contemplated by Section 713.06(2), Florida Statutes, and there are no unrecorded labor, mechanics' or materialmen's I iens against the Property, and no material has been furnished to or labor performed upon the Property except such that have been paid for in full, 4. There are no unrecorded easements, unpaid bills, liens, or assessments for sewers, paving, or other public utilities or improvements made by any governmental authority, and that no notice has been received for any public hearing regarding future or pending assessments for improvements by any governmental instrumentality which are not unpaid against the Property. 5, That Affiant is the owner of, and there are no claims or liens whatsoever of any kind or description against the equipment or fixtures located in the improvements on the Property which is being conveyed. 6. That there are no existing leases or contracts for sale or contracts for deed or other contractual rights or mortgage commitments affecting the Property. 7. That there are no judgments; liens, mortgages, or other claims, recorded or unrecorded, against the Property other than those shown in the search made by Stewart Title of Pinellas, Inc.. 8, . That all due and payable ad valorem (real estate) taxes and tangible personal property taxes have been paid and that I have (have not) applied for homestead exemption for 2005 taxes on said property. 9. THIS AFFIDAVIT is made for the purpose of inducing Stewart Title of Pinellas, a Florida Corporation, and Stewart Title Guaranty Company, a Texas Corporation, to issue a title insurance policy on the above described property, and to disburse funds held by Stewart Title of Pinellas, Inc., , as Escrow Agent. CITY OF CLEARWATER, FLORIDA Signed, sealed, and delivered in the presence of: BY'~ STATE OF FLORIDA COUNTY OF P INELLAS The foregoing instrument was acknowledged before me this 27th day of by July 2005 CITY OF CLEARWATER, FLORIDA who has produced as identification. Notary Public CERTIFICATION - ENTITY TRANSFEROR TRANSFERRED BY: CITY OF CLEARWATER, FLORIDA TO: AMERICAN HOUSING CORPORATION , A FLORIDA CORPORATION PROPERTY ADDRESS: VACANT PINE BLUFF STREET, CLEARWATER, FL 33755 LEGAL: LOTS 47 & 48, BLK. F, GREENWOOD PARK NO 2 Section. 1445 of the Internal Rev. enue Code Qrovides that a transferee of U.S. real pro.perty interest must withhold tax if the transferor (~eller) is a foreign person/entity. To inform the transferee (Buyer) that withholding of tax is not required upon disposition of aU,S. real property interest by CITY OF CLEARWATER, FLORIDA the undersigned hereby certifies the following on behalf of CITY OF CLEARWATER, FLORIDA: 1. CITY OF CLEARWATER, FLORIDA isnot a foreign corporation, foreign Rartnership, foreign trust, or foreign estate (as those terms are defined in the Internal Revenue Code and Income Tax Regulations); 2. CITY OF CLEARWATERr FLORIDA's U ,S. employer identification number is . and , 3,CITY OF CLEARWATER, FLORIDA's Office address is P . O. BOX 4748 , CLEARWATER, FL. 33758 CITY OF CLEARWATER, FLORIDA understands that this certification may be disclosed to the Internal Revenue Service by transferee and that any false statement contained herein could be punished by fine, imprisonment, or both. Under penalties of perjury I declare that I have examined this certification and to the best of my Knowledge and belIef it is true, correct, and complete, and I further declare that I have authority to sign this document on behalf of CITY OF CLEARWATER, FLORIDA. CITY OF CLEARWATER, FLORIDA BY'~~ Date: July 27, 2005 NOTE: The transferee must retain this certification until the end of the fifth taxable year following the taxable year in which the transfer takes place. The Internal Revenue Service. may require this certificate to be filed with it. This certificate is furnished for the mformatIOn of the transferee; the transferee should seek legal advice as to the effect of the same. Barrett, Earl From: 'Sent: ~ Cc: . Subject: RECEIVED JUL 28 2005 Susan - -'':'=IC!Al RECORDS AND '.EGISLATIVE SRVCS D::PT In August 2004 Council approved the sale of two vacant lots at 1128 - 1130 Palm Bluff Street. Finally, after a quiet title suit, the sale closed today. Under copy of this message I will forward the original settlement statement, and copies of other closing documents. For reference I will also include a copy of the agenda memo and executed sale contract. Scott - Please note. You can take these two lots off your list if you have been mowing, 1 Crystal Report Viewer Page 1 of2 *= I), .. .., ., # U . .. .... , City Council Ag~n~!,... Cover ~emorandum 'T "'O::II""'--~ ~, I 665 Actual Date: Tracking Number: Subject I Recommendation: Approve a contract with American Housing Corporation to sell Lots 47 & 48, Block F, GREENWOOD PARK NO.2, for the total net sum of $25,002, and authorize appropriate officials to execute same and any instruments related thereto as may be required for closing. Summary: -- "------ ----The Council deCia-rf!cfthe subject lots surplus to City needs on April 6, 2004 and authorized offering them for sale by Invitation For Bid No. 17-04 at their minimum apraised value of $10,000 per lot. ' Three sealed bids were received at bid opening on June 3, 2004. One bid was not responsive to the Invitation. A second bid was for $10,000 for Lot 48 only. The subject contract reflects the American Housing Corporation ("Buyer") bid of $12,501 per lot. The standard City purchase contract, without additional provisions, documents an all-cash purchase that is anticipated to close within 30 days following the Effective Date. Sale proceeds will be applied as follows: $400 will reimburse Miscellaneous Engineering project 315-92822 for incurred appraisal expenses. Housing rehab loan fund 686 will be reimbursed the judgement principal balance of $5,760.11, along with interest of $1,413.50 that accrued from October 1998 until the City acquired judgement title in June 2002, An additional $3228.35 will be credited to fund 686 for reimbursement of taxes, fees, court costs and misc~lIan_eg.!,l~___n_______,______ ---_______expe1i$es-::The1ema.lrirng-$T4~2TIO.D...4...wjfjbe credited to General-FuncfslU'plus.:fand: sales--- revenue, A copy of the contract is available for review in the Office of Official Records and Legislative Services, Originatina: Engineering Category: Agreements/Contracts - without cost Number of Hard Copies attached: 1 Public Hearing: No -,_idf_l'ii1'-';<l;;f;".:moII'U~:t'l1~",'~Ml"~~~J&ll~;:ow,~~".Il';$<t,,~;,_:~'~'*""a~;,,,,,,;,""""~'-'~I<"'~;;!w.ft.~,,,m~""~"""""'""_~""~"'''''lUoli~,M:ii,)\"~t">"";"-'.l\;,r..,,,an'~'I>,~~I~4'!Yl'1;M~"_4O',,,*:_'dIlP:",;::-_.l:'l'~"'\i>f'!!:!>$lI<m:~-':":lI(""~:lJ;~~,!,~lW;lIo~ I http://netfyilNetFYI/Clients/a49887bO-5989-40a4-94()~_p.1 004Qill rlQr:R/l ~Fll:i()R l:i hhn ~/1 Ll/')OOLl 1 PROPERTY APPRAISER JIM SMITH, CFA P.O. BOX 1957 CLEARWATER, FLORIDA 33757-1957 OFFICE PHONE: 727464-3207' HEARING IMPAIRED: 727 464-3370 . FAX: 727 Web Site-http://pao.co,pinellas.f1.us . E-Mail: jim_smith@pao.co.pinellas.fl.us Date printed: 8/3/2005 10:17:24 AM 2004 Certified Property Value Roll VACANT Parcel Number: 10 / 29 / 15 / 33552 / 006 / 0470 CLEARWATER, CITY OF Owner's Name and Address Property PO BOX 4748 CLEARWATER 33758 4748 Address: Property Use Code: Land Use Code: OR Book I Page: o 000 86 13313/0032 FL Tenancy: CITY-COUNTY-STATE 2004 Value Just I Market: Assessed / Taxable Value: 11,300 11,300 o 2004 Exemptions Homestead: Widows: Disability: Other: 11 ,300 Agricultural Exemption: Historic: Senior: Exempt Status: 1) 2) 3) 4) 2004 Taxes Tax Dist Code: Fire DistrictfTlF: 2004 Tax 2004 Mill Special Assesment: Correction #: CW 0.00 22.9694 0.00 LEGAL DESCRIPTION GREENWOOD PARK NO.2 BLK F, LOT 47 1 PROPERTY APPRAISER JIM SMITH, CFA P.O. BOX 1957 CLEARWATER, FLORIDA 33757-1957 OFFICE PHONE: 727464-3207' HEARING IMPAIRED: 727464-3370 . FAX: 727 Web Site-http://pao.co.pinellas,f1.us . E-Mail: jim_smith@pao.co.pinellas.fl.us Date printed: 8/3/2005 10:17:39 AM 2004 Certified Property Value Roll VACANT Parcel Number: 10 / 29 / 15 / 33552 / 006 / 0480 Owner's Name and Address CLEARWATER, CITY OF PO BOX 4748 CLEARWATER 33758 4748 2004 Value Just / Market: Assessed I Taxable Value: 2004 Taxes Tax Dist Code: Fire DistrictITlF: 2004 Tax 2004 Mill Special Assesment: Correction #: Property Address: Property Use Code: Land Use Code: OR Book I Page: o 000 89 12417 I 0929 FL Tenancy: CITY-COUNTY-STATE 11,300 11,300 o 2004 Exemptions Homestead: Widows: Disability: Other: 11,300 Agricultural Exemption: Historic: Senior: Exempt Status: 1) 2) 3) 4) CW 0.00 22.9694 0.00 LEGAL DESCRIPTION GREENWOOD PARK NO.2 BLK F, LOT 48