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PHILLIP AND EDNA DIPAOLO ~ ....J <( \) r~ ?- m .c~ :J "1- 0 c.: iil tn .!: t- 't \) ~I ~; .~ I,' (;.. '" ~ J . t - , ,i "'As; 1")\0 c) 0\6 Co) C\lv ...... ~N) ~.~ ffi ... '5 <C ~a-~(/)e o ~ q> g~ L'-' C\lCl)...J c~~.-u. zLLl t:. o...JQl!llcr' C-:U6~~ cru...!:it<C 1-0Cl. 3: ~ tria:: o -o~ Co) ...J onu ~ . f!(!; ~;I- R D WD-l ~l lbis Warranty D~~d t . ' ,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 li",lbT :11: ~1?,u'l2b3B3 ___.,_ljt\L___l_f__l 99 2 4 : ::5 (iF' j"1__ 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 Uil ~ 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;' t.I\....._. . .._....t"..\f .,', RECORD VERIFIED BY: FLORIDA PTNELJ.AS --. - ~: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. di.d ~ ',:',>:-,",.r. ' -. F) ori da Dri VerEl::I:~~~rig~s?~;; id~n~ificatio~ . ) : -/, . . ~ "",' (," f,,~ v/ 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.':. . " 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. 0:, (~/ . 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 ~,. ,~_..,,' ~ 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 / ' )~)-- fr Dale ~11'7 /7'1- Date , , 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. (" ~~~ ...... , ~ 'T l> ,-, .. 41 ~ ... ,:. - l<.'~ ;,....... .... i:::';.~,;. ~o. F:';U:~. ~~o. CERTIFIED TO #20712 CI~ OF CLEARWATER I , 29 /~ SEe 4...!.L., Tv:P . _ s, RGE . _E. .. x. ~z.$"t:J~. r- : I ,: :: ':~:~:,,:-r;~ i l_:'_~ ""'":"':~" , .. - "f'~;~":: :'~:;: .:~',~.~~1 .. I -q ~ '..I:' 1 " f, i,' N ,;-. ! ;..'" . tf: :f-"'_~f .~. I 1(:,.~.f f l( 0~1/1 ~ E> \ \... 'l ~ t.,t,: rll'Or, EL. -___::'..'!.::O:":..__11U )::;> 19 7"F: S -1'/-1/ ~...... - -, _ _ _ -(()'~)~-iJ fJt;"...I"l. "Lh _ _ _ _ _ J~.o' /0' .s- . '~ - _ _ _ 4" - ". ~ I,) D. () I A s e- ,.,., G ..... or ~.It.. ~., . ~ 00,0 ~ ~l ,,~ ~ ~ I~ \\ ~ l.~ ~ ~ , ~.~ \l~ \\,~ 'b . \j ~ , VI ~Q ,~ 0 ~ ~I ""WI. C OL,.", "IC" J".vv,,I'.,, 1I,r M~ p.,. ,~ ~Gt:.. /1' T"IN..I, Z.5"'" - " " "'.. r. -'s .~. NUTE: V1PROVEr\IE~~TS '<0'1' SHOWK ON PROPERTY. s tB r;" ,3('), D' ~ ~ ... ;/2. " S./.P. \} \\ ~ 4'cP ~ elt. ~ '''IV " or .c '7 /?p.~' S Ct9Lt=-: /= vo' Z- z-' 2 00.0' ~ , 1~" ~ S,(.I'. 5 . " "I ~ , l~ ~ " ... : ~ ~ \ . l- , , li} ~ \l ~ - - /V 8'" z.. %.. o Y........" Jr;/' It, 1&,1 , 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 " 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 ~,~," ~ ----'-- ' "~ , kl!IOd s,L Aq ~suleBe paJnsul ~OU SJauew aBalle ~JI~t'I uOlpe ;0 sasneJ aso~~ to asuatap a~~ UI paJnsul a~~ Aq paJJnJul sasuadxa JO S~SOJ 'saat Aue Aed ~OU 111M AuedwoJ a~l 'lasunoJ Ja~lO Aue to saat a~~ Aed ~OU 111M pue jOt alqell aq ~OU Ileys pue UOI~Je to sasneJ pa~e~s asoy~ O~ se paJnsul ay~ ~uasaJdaJ O~ (asneJ alqeuoseaJ jOt m[qo O~ paJnSUI a~~ to ~yBIJ ay~ O~ ~Jarqns) aJloYJ S~! to lasunOJ ~Jalas O~ ~~BIJ ay~ a^ey Ileys AuedwoJ aYl 'AJllOd slY~ Aq ~suleBe paJnSUI Jauew JaylO JO aJueJqwnJua JO uall '~Jatap e BUIBalle UOI~Je to sasneJ pa~e~s asoy~ O~ se AIUO ~nq 'paJnSUI se ~saJa~UI JO al~l~ a~~ O~ aSJa^pe WlelJ e s~Jasse A~Jed pJIY~ Aue YJIYM UI UOlleBI~11 UI paJnSUl ue to aSuatap a~~ jOt apl^oJd Ileys 'Aelap alqeuoseaJun ~nO~~IM pue ~SOJ UMO S) ~e 'AuedwoJ a~~ 'suol~elndl~S pue SUOI~IPUOJ asay~ to 9 uOI~Jas UI paule~uOJ suol~do ay~ o~ palqns pue paJnsul a~~ Aq ~sanbaJ UanlJM uodn (e) 'aJeJado.o.:J o.J wewle/:J paJnsu/ }o. 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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 ..~_:- ~ i I I ...-' W'&:'.--::"'''I. 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 I I 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. '- i I ,t . 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 ,,~ 1 I~;' II \':1 k Ii -. ::;,. ,'j, . \~--~ ...~,... ,i1 , I] , , I ti i".tMAY 051992 I- e III ~'lj:.;:lK Ot:DT