PHILLIP AND EDNA DIPAOLO
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,Made this 30th day of Apri ) A.D. 19 92
by
PHILIP E. DiPAOLO and EDNA E. DiPAOLO, his wife
hereinafter called the grantor, to
CITY OF' CJ.P.ARWATER
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whose post office address is: P . O. BOX 4748
CLEARWATER" FI, 34618
PINELLAb COUNTY FLA.
~___91::F:'.J}E~:-"!{I\ -!'Jl?~~ _ PG 3:?)'
Grantees' SSN:
hereinafter called the grantee:
(Whenever used herein the term "grantor' and 'grantee' include all the parties to this instrument and the
heirs, legal representatives and assigns of individuals, and the successors and assigns of corporations)
Witnesseth, that the grantor, for and in consideration of the sum of $ ] 0 . 00
and other valuable considerations, receipt whereof is hereby acknowledged, hereby grants, bargains, sells, aliens, remises,
rdeases, conveys and confirms unto the grantee, all that certain land situate in
PINELLAS County, Florida, viz:
The West 700.0' of the North 165.0' of the Southwest ]/4 of the
Northwest 1,/4 of Section 11., ToWnship 29 South, Ranqe 15 East.
LESS the West 30.0' thereof tor road riqht of way, lyinq and
beina in Pinellas County, Florida.
SURJECT TO covenants. restrictions. easements of record and taxes
for the current year and thereafter,
Parcel Ident:i ti cation Number: J.l 179/15/00000/730/0200
Together with all the tenements, hereditaments alliLtil'P!lrtenances 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, 19 91.
In Witness Whereof, the. said grantor has signed and sealed these presents the day and year first above
written,
Signed, sealed and delivered in our presence:
-9A~1~. {J _ a/~1~~L- /
Name: Wilma S. ~we~
!J:!j (i9chA
PHILIP E. D:iPAOI,O
N~~~S: e I),) O~Ov~~
EDNA E. Di.PAOr.O
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Name:
Name &. Address:
[is]
Name:
Uil
State of
County of
K. !-. F' L E':' E:' N I::' I"E:"I:{ L "t;' E,:' F.~..~..: ::. F' t;'
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RECORD VERIFIED BY:
FLORIDA
PTNELJ.AS
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~:e foregoing instrument was acknowledged before methis 30 th day of
PHILIP E. DiPAOI,O and EDNA E. DiPAOLO, his wife
Apri )
, 19 92
who is personally known to me or who has produced
and who take an oath.
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PREPARED BY: Audrev R. Rochester
RECORD & R~O:
Coastal Ronrlerl Tit)e Co. of Clearwater
501. South Ft. Harrison Suite 203
Clef.l:rwater, F'L 34(';]6
File No:92-16209
. ~. J.':.
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a G/~LG
R. Rochester
~. Notary Pubfic, State of Rorida
""'y CcmminitlH EKp~:J! r-~b l lqqr;
Bonded Thru Troy f~in ~ Insuranc~ inc.
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Print Name:
Notary Public
My Commission Expires:
CONTRACT FOR SALE AND PURCHASE
PARTIES: PhillipE. & Edna E. Dillolo. husband and wife 'I
01 .1111 f~ings Highway, Clearwater. FL. 34615-3421 . (F'hom, 442-6941
and r.iry of Clearwater, Florida ,("Buyer'),
01 P. O. Box 4748, Clearwater. Florida 34618 (Phone 462'-6638 ),
hereby agree that the Seller shall sell and Buyer shnll buy the lollowing renl property ("Real PmpNty") and personal property ("PersonallY") (colleclively "Pror>erly") ur>on th" followinCj
terms and condlllons which INCLUDE the Standards for Real Estate Transactions printed on the reverse or altached ("Standard(s)") and any addendum to this instrument.
("Spllpr'l,
I. DESCRIPTION: (8) Legal description of Real Property located in Pinellas Counly, Florida: In Section 11. Township 29 South ,
Range 15 East. the West 200 feet of the North 165 feet of the SW 1/4 of the NW 1/4 less the West 30 feet for street,
Jilrther identified as pinellas County Propertv Appraiser's Parcel ID 11/29/15/00000/230/0200
(b) Street address, city, zip, of the Property is: 1311 Kings Highway. Clearwater. Florida 34615-3421
(c) ~ In consideration of Buver all cash "As Is" purchase offer of Seller property, Seller agrees to withdraw
prnpprty frnm Tll.'Irkf'r mnsir1prAI-ion by Any ornf'r party, or parties, until after effective date in Paragraph III.
II.
PURCHASE PRICE,
PAYMENT:
....$
110.<XX>.OO
(a) Deposit(s) to be held in escrow by
(b) Subject to AND assumption of mortgage in good standing in favor of
in the amount of $
N/A
having an approximale r>resent principal balance of $
(c) Purchase money mortgnge and mortgage note bearing annual interest al % on terms set forth herein, in amounl of . , S
(d) Olher: $
(e) Balance to close (U.s. cash, LOCALLY DRAWN certified or cashier's check), subjecl to adjustments and prorations. ... $
III. TIME FOR ACCEPTANCE; EFFECTIVE DATE: If this offer is not executed by and delivered to all r>arties OR FACT OF EXEc'tJTION communicated in writing between the parlies
Kmday. March 23. 1992
NtA
N/A
N/A
11O,<XX>.OO
provided, that there exists at closing no violation of the foregoing and none of them prevents use of Real Property for n / a purr>os,,(s)
VIII, OCCUPANCY: Seller warrants that there are no parlies in occupancy other than Seller, but 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 Standard F. Seller agrees to deliver occupancy of Property at time of closing unless otherwis~
stated herein. II occupancy is to be delivered before closing, Buyer assumes all risk 01 loss to Property from date of occupancy, shall be responsible and liable for maintenance from
that date, and shall be deemed to have accer>ted Property in their existing condition as 01 time of taking occupancy unless otherwise stated herein or in a separate writing,
IX. TYPEWRITTEN OR HANDWRITTEN PROVISIONS: Typewritten or handwritten provisions shall control all printed provisions of Contract in conflict with them.
X. INSULATION RIDER: If Contract is utilized for the sale of a new residence, the Insulation Rider or equivalent may be allached,
XI, COASTAL CONSTRUCTION CONTROL LINE ("CCCL") RIDER: If Contract is utilized lor the sale of Property affected by the CCCL, Chapter 161, F.S., (1985), as amencl"d,
shall apply and the CCCL Rider or equivalent may be attached to this Contract.
XII, FOREIGN INVESTMENT IN REAL PROPERTY TAX ACT ("FIRPTA") RIDER: The parties shall comply with the provisions of FIRPTA and applicable regulations which could
require Seller to provide additional cash at closing to meet withholding'requirements, and the FIRPTA Rider or equivalent may be attached to this Contract.
XIII. ASSIGNABILITY: (CHECK (1) or (2)): Buyer (I) 0 may assign OR (2) Ii'! may not assign Contract.
XIV. SPECIAL CLAUSES: (CHECK ( 1) or (2)) Addendum (1) 0 is attached OR (2) ~ is not applicable
THIS IS INTENDED TO BE A LEGALLY BINDING CONTRACT.
IF NOT FULLY UNDERSTOOD, SEEK THE ADVICE OF AN ATTORNEY PRIOR TO SIGNING.
THIS FORM HAS BEEN APPROVED BY THE FLORIDA ASSOCIATION OF REALTORS AND THE FLOlilDA BAR
Approval does not constitute an opinion that any of the terms and conditions in this Contract should be accepted by the parties in a particular transaction Terms
and conditions should be 'negotiated based upon tIle ,espective interests, ob/ectlves and bargaining positions of all interested persons
COPYRIGHT 1988 BY THE FLORIDA BAR AND THE f'LORI
>>J.
Rita Q-i~J
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M.A. Galur:J1..tb3 Jr. J City Attorney
As to form ar)(,l !:, -. -tress
Deposit(s) under Paragrapl1'lI received; IF OTHER THAN CASH, THEN SUBJECT TO CLEARANCE.
BROKER'S FEE: (CHECK & COMPLETE THE ONE APPLICABLE) By:
rn IF A LISTING AGREEMENT IS CURRENTLY IN EFFECT:
Seller agrees to pay the Broker named below, inciudlng cooperating sub'agents named, according to the terms of an existing. separate listing agreement:
3//7/"1 L Date
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)~)-- fr
Dale
~11'7 /7'1- Date
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So",,' 500"'''' m ,,, m , ~
~~D~~,h~J ~~)
Date
'3 ) /';/ 7' Z- Date
I I
-41./:i.k Date
Social Security or Tax 1.0. #
(Escrow Ag"nt)
OR
o IF NO LISTING AGREEMENT IS CURRENTLY IN EFFECT:
Seller shall pay the Broker named betow. at time of closing, from the disbursements of the proceeds of the sale, compensation in the amount.of (COMPI.ETE ONLY ONE)
__ % of gross purchase price OR $ , for Broker's services in effecting the sale by finding the Buyer ready, willing and able to purchase pursuant to the foregOing
Contr2ct If Buyer fails to perform and deposit(s) is retained, 50% thereof, bul not exceeding the Broker's fee above provided. shall be paid Broker, as full consideration for Brok~r's
services including costs expended by Broker. and the balance shall be paid to Seller, If the transaction shall nol close because of refusal or failure of Seller to perform, Seller shall
pay the full fee to Broker on demand, In any litigation arising our of the Contract concerning the Broker's fee, the prevailing party shall recover reasonable nttorney lees and costs
j1arlP Pn!.Pll [" A~scx:iatf'_c;
(firm name of Broker)
Norlf'
(name of cooperating sub,agenl)
(Seller)
By:
(;:lIJthorilCct signCltory)
(Seller)
RIDERS CAN BE OBTAINED FROM THE FLORIDA ASSOCIATION OF REALTORS OR THE FLORIDA BAR.
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CERTIFIED TO
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CI~ OF CLEARWATER
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V1PROVEr\IE~~TS '<0'1'
SHOWK ON PROPERTY.
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BASIS OF BEARI~GS
THE WEST LINE OF THE She \ OF THE ~W.~
OF SECTIO~ 11 , TUW\SHIP 29S , RANGE lSE,
BEING II OV14'51" F ( ASSm'lED )
[\ ~~T1F'V~<Y ()F TH:-~ vlEST 200.0 FT. OF THE "'OR'rH 165.0 FT. OF 'pm
S()lTT;~'/,:'(~':' ~ Of' THE ~:ORTH\\'EST ~ OF SECTro. 11 , TO'i'J:-;SHTP 29 S
p l..~" ,;: 1") F ~ LESS 'l'HE \oJEST 30. () FT. FOP HOll.D P IGHT-Or-WA Y .
LVI "(; NT; REPIG r1 PP1ELLAS COI)NTY , FLOIUDll.
S~'PJECT T() . A Sr:'.'iE~ FASEME~!T AS R:-~COROED ~:. C.H. BouK 3861
PA(;V t 2;> OF TP.E PUPLIC HECOPDS OF PIi'ZLLAS COU'<TY , FLOHIDl\.
: !le r:chy certi fy that the: survey represented hereon ri1eets the
" ill i'l'ur, reqll i remen ts adopted b)' the BOAFD OF LNW SURVE ORS ,
,:~:::' :: '."j~:9:~d that there :::' n~ 7i!}ent:
c:f~~~H C. KEA l !JG , H. ;;1. ,Ji1528
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ALLIED SURVEYING
2124 SUN~YDALE BLVD.
CLEARWATER , FLORIDA
34625
Policy Number
AF 22880
MINNESOTA
Till; 4.
SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED
IN SCHEDULE B AND THE CONDITIONS AND STIPULATIONS,
TITLE INSURANCE COMPANY OF MINNESOTA, a Minnesota corporation, herein called the Company,
insures, as of Date of Policy shown in Schedule A, against loss or damage, not exceeding the Amount of Insurance stated in Schedule A,
sustained or incurred by the insured by reason of:
1. Title to the estate or interest described in Schedule A being vested other than as stated therein;
2. Any defect in or lien or encumbrance on the title;
3. Unmarketability of the title;
4. Lack of a right of access to and from the land.
The Company will also pay the costs, attorneys' fees and expenses incurred in defense of the title,
as insured, but only to the extent provided in the Conditions and Stipulations.
IN WITNESS WHEREOF, the said Title Insurance Company of Minnesota has caused its corporate
name and seal to be hereunder affixed by its duly authorized officers as of the date shown in Schedule A, the policy to be valid when
countersigned by an authorized officer or agent of the Company,
Issued through the Office of.
TITLE INSURANCE COMPANY OF MINNESOTA
A Stock Company
400 Second AViJillieSou/li. MlflIWc7pohs. M!~f!/!SOIB 5540!
a~d-~Gl~M
Authorized Signatory f
By Pres/den/
TIM Form 326 ALTA Owner's Policy (4-6,90)
with Florida modifications
A lies I ~ f[i7~ Secrerary
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1
File Number 92 -16209
Policy Numb~F 22880
Amount$110 ,000.00
1. Policy Date May 1, 1992
at 04 : 36 PM
MINNESOTA
T1TL~4
2. The Insured hereunder, in whom title to the fee simple estate is vested at the date hereof, is:
CITY OF CLEARWATER
3. The land referred to in this policy is situated in the County of
State of Florida, and is described as follows:
PINELLAS
The West 200.0' of the North 165.0' of the Southwest 1/4 of the
Northwest 1/4 of Section 11, Township 29 South, Range 15 East,
LESS the West 30.0' thereof for road right of way, lying and
being in Pinellas County, Florida.
* By Virtue of Warranty Deed, dated April 30, 1992, filed May 1, 1992,
in O.R. Book 7895, page 377, Public Records PINELLAS County, Florida.
TIM OWNERS FORM 3504
This policy valid only if Schedule B is attached
NOTE: Reflect unpaid tax and special assessment status under Schedule B.
1
ITEMS 1 through 5 ARE HEREBY DELETED
File Number 92-16209
Policy Number
Af 22880
This policy does not insure against loss or damage by reason of the following:
1. Facts which would be disclosed by an accurate and comprehensive survey of the premises herein described.
2. Mechanic's, Contractors' or Materialmen's liens and lien claims, if any, where no notice thereof appears of record.
3. Rights and claims of parties in possession.
4. Easements or claims of easements not shown by the public records.
5. Adverse ownership claims by the State of Florida to those portions of the property described in Schedule "A"
herein, that comprise sovereignty lands (including without limitation submerged, filled, and artificially exposed
lands) that (i) have not been previously conveyed or transferred by the state, or (ii) are legally excluded from
prior state conveyances of other types of lands.
6. General or special taxes and/or assessments required to be paid in the year
1992
and subsequent years.
TIM OWNERS FORM 3505
.T......,... ,...._~ ....; ....-- I
. .-
(b) The Company shall have the right,It its own cost, to
institute and prosecute any action or procee~ing Qr to cjo any other
act'which in Lts opinion may be necessary or desirable to establish
the title'to the estate or interest, as insured, or to prevent or reduce
loss or damage to the insured. The Company may take any
appropriate action under the terms of this policy, whether or not it
shall be liable hereunder, and shall not thereby concede liability or
waive any provision of this poliey. If the Company shall exercise its
rights under this paragraph, it shall do so diligently.
(c) Whenever the Company shall have brought an action or
interposed a defense as required or permitted by the provisions of
this policy, the Company may pursue any litigation to final
determination by a court of competent jurisdiction and expressly
reserves the right, in its sole discretion, to appeal from any adverse
judgment or order.
(d) In all cases where this policy permits or requires the
Company to prosecute or provide for the defense of any action or
proceeding, the insured shall secure to the Company the right to so
prosecute or provide defense in the action or proceeding, and all
appeals therein, and permit the Company to use, at its option, the
name of the insured for this purpose. Whenever requested by the
Company, the insured, at the Company's expense, shall give the
Company all reasonable aid (i) in any action or proceeding, securing
evidence, obtaining witnesses, prosecuting or defending the action or
proceeding, or effecting settlement, and (ii) in any other lawful act
which in the opinion of the Company may be necessary or desirable
to establish the title to the estate or interest as insured. If the
Company is prejudiced by the failure of the insured to furnish the
required cooperation, the Company's obligations to the insured under
the policy shall terminate, including any liability or obligation to
defend, prosecute, or continue any litigation, with regard to the
matter or matters requiring such cooperation.
5. Proof of Loss or Damage.
In addition to and after the notices required under Section 3 of
these Conditions and Stipulations have been provided the Company, a
proof of loss or damage signed and sworn to by the insured claimant
shall be furnished to the Company within 90 days after the insured
claimant shall ascertain the facts giving rise to the loss or damage.
The proof of loss or damage shall describe the defect in, or lien or
encumbrance on the title, or other matter insured against by this
policy which constitutes the basis of loss or damage and shall state,
to the extent possible, the basis of calculating the amount of the loss
or damage. If the Company is prejudiced by the failure of the insured
claimant to provide the required proof of loss or damage, the
Company's obligations to the insured under the policy shall terminate,
including any liability or obligation to defend, prosecute, or continue
any litigation, with regard to the matter or matters requiring such
proof of loss or damage.
In addition, the insured claimant may reasonably be required to
submit to examination under oath by any authorized representative of
the Company and shall produce for examination, inspection and
copying, at such reasonable times and places as may be designated
by any authorized representative of the Company, all records, books,
ledgers, checks, correspondence and memoranda, whether bearing a
date before or after Date of Policy, which reasonably pertain to the
loss or damage, Further, if requested by any authorized representative
of the Company, the insured claimant shall grant its permission, in
writing, for any authorized representative of the Company to examine,
inspect and copy all records, books, ledgers, checks, correspondence
and memoranda in the custody or control of a third party, which
reasonably pertain to the loss or damage, All information designated
~~~!~_.... ,.'14"'F.....--:.,-,.7"",p...-r,..,~~~~>~~..--:::::. ~,..'
~'- ~ -,...,
.~~
--
as confidential by the itured claimant provided to the Company
pursuant to this Section shall not be disclosed to' others unless, in
the reasonable judgment of the Company,~ itis nec'essary in the
administration of the claim. Failure of the insured claimant to submit
for examination under oath, produce other reasonably requested
information or grant permission to secure reasonably necessary
information from third parties as required in this paragraph shall
terminate any liability of the Company under this policy as to that
claim.
6. Options to Pay or Otherwise Settle Claims; Termination of
Liability
In case of a claim under this policy, the Company shall have the
following additional options:
(a) To Payor Tender Payment of the Amount of Insurance.
To payor tender payment of the amount of insurance under this
policy together with any costs, attorneys' fees and expenses incurred
by the insured claimant, which were authorized by the Company, up to
the time of payment or tender of payment and which the Company is
ob I i gated to pay.
Upon the exercise by the Company of this option, all liability and
obligations to the insured under this policy, other than to make the
payment required, shall terminate, including any liability or obligation
to defend, prosecute, or continue any litigation, and the policy shall
be surrendered to the Company for cancellation.
(b) To Payor Otherwise Settle With Parties Other than the
Insured or With the Insured Claimant
(i) to payor otherwise settle with other parties for or in
the name of an insured claimant any claim insured against under this
policy, together with any costs, attorneys' fees and expenses incurred
by the insured claimant which were authorized by the Company up to
the time of payment and which the Company is obligated to pay; or
(II) to payor otherwise settle with the insured claimant
the loss or damage provided for under this policy, together with any
costs, attorneys' fees and expenses incurred by the insured claimant
which were authorized by the Company up to the time of payment
and which the Company is obligated to pay.
Upon the exercise by the Company of either of the options
provided for in paragraphs (b)(i) or (ii), the Company's obligations to
the insured under this policy for the claimed loss or damage, other
than the payments required to be made, shall terminate, including any
liability or obligation to defend, prosecute or continue any litigation.
7. Determination, Extent of Liability
This policy is a contract of indemnity against actual monetary
loss or damage sustained or incurred by the insured claimant who
has suffered loss or damage by reason of matters insured against by
this policy and only to the extent herein described.
(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.
(b) 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 J the amount of
insurance under this'policy was divided pro ru,a as to the value on
Date of Policy of each sepamte 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, or taken
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 endorsement 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
(al The Company's Ri~ht of Subro~ation,
Whenever the Company shall have settled and paid a claim
under this policy, 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 remedies 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 Company, 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
subrogation, 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 acctnt of a claim does not fully cover the loss
of the insur~d claimant tile 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 the policy which shall exceed the amount if any,
lost to the Company by reason of the impairment by the insured
claimant of the Company's right of subrogation
(b) The Company's Ri~hts A~ainst 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, guaranties, other policies of insurance or bonds,
notwithstanding any terms or conditions contained in those instruments
which provide for subrogation rights by reason of this policy,
14, Arbitration
Unless prohibited by applicable law, arbitration pursuant to
the Title Insurance 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 jurisdiction
thereof,
The law of the situs of the land shall apply to an
arbitrition under the Title Insurance Arbitration Rules.
A copy of the Rules may be obtained from the Company
upon request.
15, Liabililty 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 Company, 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 Company at its home office,~400 Second Avenue South, Minneapolis, Minnesota 55401,
o FHA
T Y , E
o F
LOA N
A.
- 111 'JI'It> ,_
U.s. [)~PARTMENT OF HOUSING AND URBAN DtELOPMENT
_ ~ SETTLEMENT STATEMENT
B.
o FMHA.
J 0 CONY UNINS
VA
CONY INS
8. FILE NUMBER
7 LOAN NUMBER
<}7 -I fi 70 9
e MOfHCiAOE 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 agent
are shown. Items marked "(p.o.c.)" were paid outside the closing; they are shown here for informational purposes and are
not included in the totals.
:",".',<(
,"~~ ",r \ !
~" :
b. NAME OF BORROWER:
ADDRESS OF BORROWER:
CITY OF CLEARWATER
P.O. BOX 4748 , CI,EARWATER.. FL34618
E. NAME OF SELLER:
ADDRESS OF SELLER:
PHTf,TP 1':. DiPAOr.o and EDNA E. OiPAOTJO. his wife
fi1.1S - 147N[) AVP.NUP.. CJ,F.ARWATF:R. FI, 346?0
F. NAME OF LENDER:
ADDRESS OF LENDER:
G. PROPERTY Mf>.te~ and Rounds
LOCATION: 1311 Ki nos Hi ohw<lv
Clearwater, Florida 14615
H. SETTLEMENT AGENT: COASTAl. BONDEn TITI.E CO. OF CI,EARWATER
PLACE OF SETTLEMENl: 501 SOUTH FT. HARRISON, SUITE 203 '.
CJ,EARWATP.R. FJ,ORJDA 346] 6
I. SETTLEMENT DATE: A p ri I 10, 1. 9 9?
SUMMARY OF BORROWER'S TRANSACTION
101. Contract sales price
102. Personal property
103. Settlement charges to borrower:
(from line 1400)
104.
105.
ADJUSTMENTS FOR ITEMS PAID BY SELLER IN ADVANCE:
106. Cityllown taxes to
107. County taxes to
108. Assessments to
109.
110.
111.
112.
401. Contract sales price
402. Personal property
403: . . .
6.00
404.
405.
ADJUSTMENTS FOR ITEMS PAID BY SELLER IN ADVANCE:
u-...........- . -
406. City/town taxes . to;
407. County taxes to
408. Assessments to
409.
410.
411.
412.
201. Deposit or earnest money
202. Principal amount of new loan(s)
203. Existing loan(s) taken subject to
204.
205.
206.
207.
208.
209.
501. Excess deposit (see ins/ructions)
502. Settlement charges to seller (line 1400)
503. Existing loan(s) taken subject to
504. Payoff of first mortgage loan HOUSP.
505. Payoff 01 second mortgage loan US PO
506.
507.
508.
509.
8.396.00
41.619.47
1. 565.00
...-' ~' '-,- y,.
ADJUSTMENTS FOR ITEMS UNPAID BY SELLER:
510. City/town taxes \0
511. County taxes 01/1/92 tlb 4/30 192
512. Assessments to
513.
514.
515.
516.
517:
518.
~>:~}, 5f9:"7~'. .' ".::",'%~70~,~~-~::.'~
520. TOTAL REDUCTIONS
IN AMOUNT DUE TO SELLER:
488.77
ADJUSTMENTS FOR ITEMS UNPAID BY SELLER:
210. Cityltown taxes to
211.Countytaxes 01/1./92 to04/30/92
212. Assessments to
213.
214.
215.
216.
217.
218.
219.
220. TOTAL PAID BY/FOR
BORROWER:
488.77
~gJ,g.~~s,~,,~.'!lR~~!z~!!~J~g"~.g~t~'tY~.~,(/j!7!.l?9)
302. Uss ainouhl paid bylfor borrower Olne 220)
..' c ""-:~'':'4881'77~ ~~~~~~J!.!!>,~n~~!t~~~9..s,~~Q}~''''',',"'''r'''
( ....; , .' J IlUZ 58 total reductions In arnoiJnt~uheller OIne 520)
X
303. CASH (0 FROM) (0 TO) BORROWER:
109.517.23
603. CASH
~ 0 TO)
(0 FROM) SELLER:
~
57.930.76
8/89
.
904-398-8615
~ S8.0538.ooo-1
HUD.1 (3-86)
, r RESPA, HB 4305.2
l. SETTLEMENT
700. TO, TA!,..'~T\LES/BROKER'S COMMISSIO~
~.. BASED ON PRICE ,110.000.00
CHAHlit::>
@ 6 %= 6,600.00-
PAID FROM
BORROWER'S
FUNDS
AT
SETTLEMENT
PAID FROM
SElLER'S
FUNDS
AT
SETTLEMENT
701. $
702. $
703. Commission paid at settlement
704.
LL & ASSOCIATES
BOO. 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
806. Mortgage Insurance application fee to
807. Assumption fee
808.
809.
810.
811.
900. ITEMS REQUIRED BY LENDER TO BE PAID IN ADVANCE:
@$
Iday
901. Interest from
902. Mortgage insurance premium for
903. Hazard insurance premium for
904. Flood Insurance Premium for
905.
to
mo. to
yrs. to
yrs. to
1000. RESERVES DEPOSITED WITH LENDER:
months @ $
months @ $
months @ $
months @ $
months @ $
months @ $
months @ $
months @ $
per month
per month
per month
per month
per month
per month
per month
per month
1001. Hazard insurance
1002. Mortgage insurance
1003. City property taxes
1004. Counly property taxes
1005. Annual assessments
1006. Flood Insurance
1007.
1008.
1100. TITLE CHARGES:
1101.SetllementorclosingfeetoCoastal Bondp.d Title Co.
1102. Abstract or title search to Coasta I Bonded Ti tIe Co.
1103. Title examinalion to
1104. Title insurance binder to
1105. Document preparation to
1106. Notary fees to
1107. Allorney's fees to
(inc/udes above items Numbers:
1108. Title insurance to Coastal Bonded Title Co. of Clearwater
(inc/udes above items Numbers:
1109. Lender's coverage $
1110. Owner's coverage $ 1 J 0 .000.00
1111.
1112.
1113.
50.00
60.00
625.00
1200. GOVERNMENT RECORDING AND TRANSFER.CHARGES:
1201. Recording fees: Deed $
1202. City/county tax/stamps:
1203. State tax/stamps:
1204.
1205
6.00
Deed $
Deed $
; Mortgage $
; Mortgage $
660.00 ; Mortgage $
; Releases $ 21.00
6.00
21. 00
660.00
1300. ADDITIONAL SETTLEMENT CHARGES:
1301. Survey to
1302. Pest inspection to
1303.Service aqreement to GHI
1304.Federal Express to Coastal Bonded Title Co.
1305.Courier to U.S. POWF.R to Coastal Bonded Title Co.
1306.
1307.
355.00
15.00
]0.00
1400. TOTAL SETTLEMENT CHARGES (Enter on line 103, Section J - and - line 502, Section K)
~
6.00
8,396.00
Borrower
I have carefully reviewed the HUD.1 Selllement Statement and to the best of my knowledge an
and disbursements made on my account or by me in this transaction. I further certify that
M. A. GAI.BRAITH. JR \.
The HUD-1 Settlement Statement which I nave pr
disbursed in accordance th this s atement.
Settlement Agent
Au rev R. Roc ster File No. 92-16209
WARNING: It is a crime to knowllng make false statements to the United States on this or any other similar form. Penalties upon conviction
can Incl"d. . fin. 0' 'mp,'.onm.n'. Fo, d"all. "" Till. ,. U.s. COda 1001 and S.cllon 1010.
P~. I P F.. D~,fAOLO/) ~
Sellers nt~. r _ ',. rOC) ()--
d is a true and accurate account of-~~l\r.fn~acUU~~RA~~ caused or will cause the funds to be
Date Apri I 30, ] 992
Page 2
~
i
I
I
~
~ ~
OCCUPANCY AGREEMENT
BY AND BETWEEN city of Clearwater (Buyer) and Philip E. and Edna
E. DiPaolo (Seller) of real property commonly known as 1311 Kings
Highway, Clearwater, Florida (property).
WHEREAS Seller has agreed to sell and Buyer has agreed to buy
aforesaid property, and
WHEREAS Buyer has become property owner of record as of time of
closing transaction on April 30, 1992, and
WHEREAS Seller desires to retain occupancy for the purpose of
removing all remaining personal property belonging to Seller by
not later than Midnight, Friday, May 1, 1992,
NOW IT IS THEREFORE AGREED as follows:
1) That Seller shall have the privilege of retaining occupancy
and access to the property for the purpose of removing all
remaining personal property owned by Seller not later than
Midnight, Friday, May 1, 1992.
2)That Buyer shall have no liability of any nature whatsoever
regarding the security of any personal property of Seller
remaining on or about the property at or after closing of the
transaction, and buyer shall be held harmless in all respects
regarding personal property of Seller.
3)That Buyer shall not be responsible for or suffer any liability
whatsoever for any injuries that may occur to Seller or any other
individuals whose presence on or about the property is at the
invitation or request of Seller during the term of this
agreement.
4)That Seller shall bear full responsibility for the costs of any
and all utility services during the period of occupancy after
closing.
5)That Seller shall deliver, or cause to have delivered, all
property keys to Buyer at the offices of the Public Works
Department, City of Clearwater, 10 South Missouri Avenue,
Clearwater, Florida by not later than 5:00 P.M. Monday, May 4,
1992.
6) That this Occupancy Agreement does not create a relationship
of landlord and tenant; but rather, that Seller is a guest of the
Buyer and at the sufferance of the Buyer during occupancy, and
shall exercise all due diligence in maintaining the condition of
the property and shall deliver same to Buyer at the expiration of
the term of this agreement in the same condition as at the time
of closing.
Page 1 of 2
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7)That Seller shall be fully liable for any damages that may be
caused to the property by Seller during the term of this
agreement.
8)That the following items are not considered to be the personal
property of Seller, and as such, will remain with the property
and not be removed by Seller:
a. All carpeting, draperies, rods, window blinds and any
other window treatments.
b. All built-in appliances, double door refrigerator,
ceiling fans.
c. All other permanently attached equipment and fixtures.
9) That should Seller fail to vacate the property as agreed and
it becomes necessary for Buyer to have Seller evicted from the
property, Seller shall pay all costs associated with the
eviction, and enforcement of all other terms of this agreement as
may be required, including reasonable attorneys fees.
10) That there are no other agreements between the parties,
either written or oral, unless contained herein in writing.
WHEREUPON we have caused our signatures to be affixed this 30th
day of April, 1992.
~1~ITY OF CLEARWATER (Buyer)
rT'~W ~
~ Earl Bar ett e
Real Estate Services Manager
? A t!:::C~
DiPaolo
&kQ f, rfj \' ~ cvst-
Edna E. DiPaolo
Page 2 of 2
I AFFIDAVIT OF NO LIENS'
STATE OF FLORIDA
COUNTY QF
PINELI.AR
Before me, the undersigned authority, on this day personally appeared:
PH II. I P E. Di PAOLO and EDNA E. DJ. PAOI,O, hi s wi f e
who, upon being by me first duly sworn, deposes and says:
The afnant are the owners of the following described real property
The West 200.0' of the North 165.6' of the Southwest 1/4 of the
Northwest 1/4 at Section ]1. Township 29 South. R,mqe ]5 East,
LESS the West 30.0' thereof for road riqht of way. lyinq and
beinq in PineJlaf; County, Florida.
The afnants are in full and exclusive constructive or actual possession of the above described premises and have no
knowledge of any claim or assertion of title to those premises, other than
None. There have been no improvements or repairs made upon said
property within the last three months which have not been paid.
There are no delinquent taxes or outstanding assessments or pending assessments of any kind against the property for
street paving, sewer, lighting or water services in respect to said property.
There are no unpaid bills or claims for labor or services performed or material furlllshed or delivered to said property.
The afnants are not involved in any court proceedings affecting the above described real property, or in any proceedings
in which a money judgement might be entered against them, and that the afnants owe to the United States no money for overdue
unpaid taxes.
The afnants have not and will not execute any instrument or do any act whatsoever which would or might in any way
affect the title to the foregoing property to the detriment of the p.urchasers oKt9}\Kd{le(~~~~XXXX
wk~~k>>WK~~~XkM~~~~~~~~~~~~~~XXXXXXXXXXX
All of the statements and representations set forth above are made in order to induce
CITY OF' CT,EARWATER
to purchase or complete the purchase of the foregoing property, to induce the aforesaid lender, if any, to make a mortgage loan
on said property, and to induce the title insurance company to issue title insurance in relation to said property.
AFFIANTS KNOW THAT IF ANY
REPRESENTATIONS ARE FALSE THEN
UNDER FALSE PRETENSES.
OF THESE- STATEMENTS AND
AFFIANTS ARE OBTAINING MONEY
(Seal)
gx: ! &t ff~
.
PHJl.JP E. Di:~.O
crka e rfrl ~().
EDNA E. DiPAOIJO
(Seal)
(Seal)
(Seal)
Sworn to and subscribed before me this
DiPAOLO and EDNA E. DiPAOLO, his wife,
have produced Florida Drivers Licenses
oath.
. a~t1 CR G?~iu0
Notary P~l ic
state of FLORIDA at Larqe
, "otary Jlu~frc:Sfate of Rorida
My Commission Expires Feb. 3, 1995
Bonded Thru Troy fein - Insurance Inc,
30th day of April, 1992 by PHILIP E.
who are personally known to me or who
as identification and who did take an
My Commission Expires:
PTS 1/92
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PECEIVED
MAY 2 2 1992
CITY CLERK
C I T Y 0 F C LEA R W ATE R
Interdepartment correspondence Sheet
TO: cyndie Goudeau, city Clerk
FROM: Earl Barrett, Real Estate Services Manager ~~
COPIES: Janis Przywara, Senior Legal Staff Assistant
Eng. property file
SUBJECT: Recorded deed, title insurance - 1311 Kings Highway
DATE: May 22, 1992
Attached for your records is the original recorded Warranty Deed
regarding city purchase on April 30, 1992 of property at 1311
Kings Highway and legally described as noted on the deed.
Minmnesota title insurance policy number AF 22880 is also
attached.
I have retained a copy of both these documents for my files and
sent a copy of each to the city Attorney's office for their file.
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CITY OF CLEARWATER
Interdepartmental correspondence Sheet
TO:
cynthia E. Goudeau, City Clerk
M. A. Galbraith, Jr., City Attorney ~
Purchase from Phillip E. & Edna A. DePaolo
1311 Kings Highway - For development of stormwater
treatment for Highland Avenue widening project
FROM:
RE:
DATE:
May 4, 1992
This property purchase was completed on April 30, 1992, and
enclosed are the following documents:
Contract for Purchase and Sale
Settlement Statement
Survey
Occupancy agreement
Copy of warranty deed
Copy of Title Commitment # F 514273 issued by Minnesota Title
Copy of affidavit of no liens
I will forward the original warranty deed and title policy when I
receive them.
MAG: jmp
Enclosures
Copy:
Daniel J. Deignan, Finance Director, wjcopy of settlement statement
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