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ADDIE CAMPBELL 1 I CONTRACT FOR EXCHANGE OF PROPERTY ~ THIS CONTRACT is made and entered into as of the ~ day of , 1993, by and between the CITY OF CLEARWATER, a Florida municipality (hereinafter referred to as the and ADDIE L. CAMPBELL, a single woman (hereinafter to as "Campbell"), for the purpose of effecting a tax-free exchange of real property in conformity with section 1031, united states Internal Revenue Code, of two parcels of land situate in pinellas County, Florida, as described herein. THE PARTIES HERETO AGREE AS FOLLOWS: 1. Exchanqe of ProDertv. CITY shall convey title to certain real property referred to as PARCEL 1 which is described in Exhibit "A" to this agreement to CAMPBELL in fee simple absolute. CAMPBELL shall convey title to certain real property referred to as PARCEL 2 which is described in Exhibit "B" to this agreement to CITY in fee simple absolute. Both parcels will be conveyed subject only to zoning restrictions and prohibitions or other requirements imposed by governmental authority including utility easements of record. The conveyance of each parcel shall constitute full consideration for the conveyance of the other parcel. 2. Definitions. In this Contract, "Seller" shall mean the CITY with respect to Parcel 1, and CAMPBELL with respect to Parcel 2. "Purchaser" shall mean CAMPBELL with respect to Parcell, and the CITY with respect to Parcel 2. These terms are used for convenience and do not imply the payment of any "boot" or compensation other than conveyance of real property in exchange for real property. 3. Leqal DescriDtions. The legal descriptions of the properties being exchanged between the parties are described as follows: (a) PARCEL 1: Lot 10, LESS the West 430+/- feet thereof, CLEARWATER INDUSTRIAL PARK, according to the map or plat thereof as recorded in Plat Book 44, Page 46, of the Public Records of Pinellas County, Florida. (b) PARCEL 2: From the Northeast corner of the Northwest 1/4 of the Northeast 1/4 of section 12, Township 29 South, Range 15 East, run thence N 89021'17" West a distance of 501.06 feet, to the POINT OF BEGINNING; thence S 17009'16" West a distance of 415.94 feet to the Northerly right-of-way of the S.C.L. railroad; thence along said railroad right-of-way N 72050'44" Page 1 of 7 /1 ;- 1'/ .. I ,--'- /, I "J' - ",^ \./ I I . <.-- --. -' -" ' (;;./f / f I I West a distance of 352.97 feet; thence along a curve to the left, a distance of 492.93 feet, with a radius of 488.65 feet, chord bearing N 51026'53" East, chord distance 472.29 feet; thence S 89021'17" East a distance of 90.60 feet, returning to the POINT OF BEGINNING, and containing 1.55 acres M.O.L. NOTE: Upon city obtaining a boundary survey of Parcel 2, legal description, if different than above, shall be as shown by the survey. 4. purchase Price. It is mutually agreed that Parcell is valued at $176,500.00 and Parcel 2 is valued at $176,500.00. The transfer of each parcel by one party to the other shall constitute the full and sufficient consideration for the transfer of the other parcel. 5. commission Aooroval. Following execution of this contract by CAMPBELL, this agreement shall be held unconditionally open for acceptance and approval by the Clearwater city commission for 45 days following receipt in the offices of the city of Clearwater, Engineering Department, P. o. Box 4748, Clearwater, Florida 34618-4748. Unless this contract is approved and accepted by the City commission within said 45 days and written notice of the approval and acceptance delivered to CAMPBELL within 60 days following receipt by the aforesaid Engineering Department, CAMPBELL may at her sole option and discretion terminate this agreement whereupon each party shall be relieved of all further obligations hereunder with the exception of those obligations under paragraphs 7 hereof. 6. Closina Date. This transaction shall be closed and the deeds and other closing papers delivered no later than 90 days after approval of this contract by the Clearwater city Commission, unless extended by other provisions of this contract. However, in the event the CITY has not approved this contract within 45 days of receipt in the City of Clearwater, Engineering Department, then CAMPBELL shall have the option to terminate this contract as set forth elsewhere herein. 7. Title Evidence. Each party agrees to purchase at closing, at its expense, an ALTA Form liB" title insurance policy from a reputable Florida- licensed title insurance firm, and to deliver to the other party not less than ten days prior to closing, a commitment for title insurance in the amount of $176,500.00 , which commitment shall Page 2 of 7 , ;J. - a IS ...tJ! I I show a marketable, unencumbered fee simple title to the parcel in the Seller thereof, subject only to liens, encumbrances, exceptions or qualifications set forth in this contract, and those which shall be discharged by the Seller at or before closing. The Purchaser shall have not less than seven days after delivery of the title commitment for the examination thereof, and within said period shall notify the Seller in writing of any objections to the title. If this notification is not given at least three days prior to closing, then said title shall be conclusively deemed to be acceptable to the purchaser as to any defects revealed in the commitment. In the event that the title of the Seller is not good and marketable, the Seller shall have a reasonable time thereafter, but not more than 180 days from receipt of notice from the Purchaser, to make a diligent effort to perfect the title; and if the defects are not cured within such time, the objecting Purchaser may either cancel this contract whereupon each party shall be relieved of all further obligations under Paragraphs 7 hereof, or may waive the defects and accept the property without deduction on account of said defects. The Attorney's Title Insurance Fund, Inc. is an acceptable title insurance company for purposes of this Paragraph. 8. Riqht of Entrv. The parties hereto consent to granting each other the right of entry upon the property of the other to make measurements, surveys, conduct engineering tests, and otherwise make such physical inspections and analyses thereof as the respective parties shall deem necessary. The respective entering party assumes all risks of such entry and agrees to indemnify and hold harmless the other party from and against any claims, cost and expense resulting from any damages to or destruction of the other's property, ,and any injury to or death of any persons arising from the acts or omissions of the respective party, or its agents, in exercising this right of entry. 9. Survey. within the time allowed for delivery of the title insurance commitments, each parcel shall be surveyed by a registered Florida land surveyor. The costs thereof shall be born by CAMPBELL for Parcell and by the CITY for Parcel 2. It is intended that Parcel 2 shall contain not less than 67,500 square feet nor more than 67,750 square feet of land (1.55 Ac. MOL) and be configured approximately as depicted in Exhibit "B" attached hereto. The boundaries of Parcel 2 shall be adjusted as necessary to achieve the area requirement with the east boundary being adjusted uniformly east or west to accomplish this end. For purposes of closing the intended transactions, the legal description of Parcel 2 shall be as determined by survey. If surveys show any encroachment on a parcel, or if improvements located on a parcel in fact encroach on the setback lines, easements, lands of others, Page 3 of 7 I I excepting those being disclosed as to Parcel 1 and shown on Exhibit "A", or violate any restrictions, contract covenants or applicable governmental regulations, the same shall be treated as a title defect. 10. Environmental Audits. (a) It is mutually agreed between the parties that the respective parcels to be exchanged in this transaction have been subjected to Environmental site Audits as performed by EnviroAssessments, Inc. as detailed in the July, 1993 audit report with respect to Parcell (the City parcel) and in the September, 1993 audit report with respect to Parcel 2 (the Campbell parcel). Each party has been responsible for payment for its respective report; and the parties hereto agree the report summaries as described in Exhibit "C" with respect to Parcell, and Exhibit "0" with respect to Parcel 2 accurately reflect the findings of each report. (b) The parties futher agree that the environmental condition of the respective parcels as documented by the written reports and summarized in the aforementioned Exhibits are fully acceptable to the purchaser of each parcel in all respects, and each purchaser agrees to take title to the respective parcel being exchanged wi thout any further regard to the environmental condi tion as established by the assessment report. However, in no event shall either party be deemed to have waived any rights as to any environmental condition not expressly disclosed in the audit reports. 11. Costs. The CITY agrees to pay for the documentary stamps to be placed on the warranty deed and the costs of recording the same for Parcel 1. CAMPBELL agrees to pay for documentary stamps to be placed on the warranty deed and the costs for recording the same for Parcel 2. 12. Documents For Closinq. with respect to each parcel, the Seller thereof shall furnish the deed, mechanic's lien affidavit and any corrective instruments that may be required in connection with perfecting the title thereto. 13. Conveyance. As to each parcel, the Seller thereof shall convey title to the parcel by a statutory warranty deed, subject only to zoning, restrictions, prohibitions and other requirements imposed by governmental authority, and public utility easements of record; provided, however, that there exists at closing no violation of the foregoing. Page 4 of 7 I I 14. contract Not Recordable: Persons Bound: Notice. Neither this contract nor any notice thereof shall be recorded in any public records, except as may be required of the CITY to comply with Chapter 119, Florida statutes. This contract shall bind and inure to the benefit of the parties hereto and their successors in interest. Any notice given by one party to the other in connection with this contract shall be in writing, either personally delivered, or sent via u.s. mail, with postage prepaid: If to the CITY: city Attorney city of Clearwater P. O. Box 4748 Clearwater, Fl. 34618-4748 If to CAMPBELL: (to both) Max G. Battle 2146 Beecher Road Clearwater, Fl. 34625 and Addie L. Campbell 1323 Christmas Tree Lane N.E. Atlanta, Ga. 30329-3507 Either party at any time may give written notice to the other of any changes of authority to receive Notice, and such notification shall be effective upon receipt by the other party. 15. Occupancy. As to each parcel and subject to the other provisions of this Contract, the Seller thereof warrants to the other that there are no parties in occupancy other than the Seller, and that the Seller agrees to deliver occupancy of the parcel at the time of closing. 16. Nonassiqnabilitv. Neither party may assign this contract or any rights hereunder. 17. No Brokers. Each party affirmatively represents to the other party that no brokers have been involved in this transaction and that no broker is entitled to payment of a real estate commission because of this transaction. 18. Reservation Of certain Mineral Riqhts. The reservation of mineral rights (including petroleum) provided for by section 270.11, Florida Statutes is released by CITY as to Parcell. The parties agree that this release is justified because the size of the parcel is less than 20 contiguous acres, there is little likelihood of the presence of any of the minerals or petroleum contemplated by section 270.11, Florida Page 5 of 7 '( I I statutes on or under the property and the present developed state of the property combined with future development plans make the reservation and/or exercise of the rights impractical. 19. properties Transfer "AS IS": Warranties. Except as noted elsewhere in this contract, the CITY shall take title to Parcel 2, and CAMPBELL shall take title to Parcell, strictly in "AS IS" condition as of the date of this contract, normal wear and tear excepted. The parties warrant each to the other that there are no facts known to them that materially affect the value or desirability of the Real Property each shall transfer to the other which are not readily observable to the purchaser, or which have not been disclosed by the seller. 20. Radon Gas. Notice to prosDective purchaser/Tenant. Radon is a naturally occurring radioactive gas, that when it has accumulated in a building in sufficient quantities, may present health risks to persons who are exposed to it over time. Levels of Radon that exceed federal and state guidelines have been found in buildings in Florida. Additional information regarding radon and radon testing may be obtained from your county public health unit. Pursuant to section 404.056(8), Florida Statutes. 21. other Agreements. No prior or present agreements or representations shall be binding upon either party unless included in this contract. No modification or change in this contract shall be valid or binding upon the parties unless in writing and executed by the party or parties to be bound thereby. 22. Time of the Essence. Time is of the essence of this contract. Any time period provided for herein may be extended by the written mutual consent of the parties. WITNESSES: 'J.~a.w- ~~~ C~~f Date II ( 7 /~y -:A~~ Addie L. ampbel Page 6 of 7 ~ , - I I APPROVED AND ACCEPTED as of the day and date first above written. CITY OF CLEARWATER, FLORIDA Rita Garvey Mayor-commission By: ,~i-f~ Etiz~eth J. Deptula Interim C1ty Manager Attest: Page 7 of 7 --- --- --- --- -- -- -- -- - -- -- -- - -- ...... ............ ...... ...... " ~l!f'-,....... coAle, .......' ........ MOM , , ........... .............. '- .............. '- '" '" ........... ~ ...... ......' .......... " ,.......... '- 0 NOTE . ~E FENCE CQI1 ENCI10l<:ltES ......... .......... '- ~ UTlLllY {l R R EASEME/lTS .0 ' "- ......... ~, CONe, ~ "" " "- S~8 ~ , r.I .. 0' ,,-' "" ~~ -v~", ' ,,'\ I \' ,,' I SNID .-/ .,,"'- '- ''\- I F1L1t:R ", ,~NOTE: NECOR,f\SPtMLT PARKINGLDT ENCROIICIIES . 00.8'" /' , UTI LIlY II R,R, EASEMENTS CIIAIN LINK FENCE ,,\, I ALL IIROONO ' \ \. I ~" \ \\ I " \ \ \\ I ~2'R.R,EASEMENT \\ \~ \ \ \ \\ \' \\ I ~\ \ \\il \\ \ \ \\ \' \ I ' h V I l \\ \ I , g \\ yFO,CONC,MON. IOd \ . --.---_ ---T ",0' !1 'I::! Ii! I I - ~\ 'oJ .~Z"~ &.3' ":~/.o' -- - - ---::::~ , ------- -- --- ......,.:::::- ~- ,-' ~ ~ ... '\I ~ ... '\ . t... , ~ .~ 1!1.~.!-15.8 )( S\J1\fI\Cf.. OOUBLE\ 1 I'SMII'L1 "0.11' 't; I STem -S Ij CQNC.BLK,BLOG, 'i 19.0' 80.0" +:; CONC, o '" .,; " ~ I CONe, CURB 5T. (GO'R/Wl I EXHIBIT "A" (PARCEL 1) ~ SCALE: ( . 50' ~ sn' --.J '0' 25' 00' 100' I (,-,- L_'; I II II H.2 ENGINEERING DIVISIO. I OFFICE COP.Yi IUVI5i!O I, !p-75 TO cur ou r r/opr <.'1 LoT (0 I HEREF.JY CERTIFY THAT THE Sl11VEY REPIlESEN1ED HEREON MEETS THE ' MINIMUM I1EOUIREMENTS /lOOPTED BY TilE F.5PL.S, MID THE F.Uk , 7-/5-7~ 'J)~~J!L?!:. )Jj~C61~ OOt<OnIY, I~, N, McCLELLAN REGISTERED LAND SURVEYOR fLDRIOo\ No, 2119 GE()I1GIII No, 'B20 McClellan Compan) 906 S, FT. HARRISON AVE cLEARWATER, FlA, 33516 SURVEY FOR CITY OF CLEARWATER DATE: t~9-73 SCALE: I"" 50' Lot 10, LESS the west 430 +1- feet thereof, CLEARWATER INDUSTRIAL PARK, according to the map or plat thereof as record~d in Plat' ~ook 44, page 46, pUblic Records of pinellas county, Fla. I' ,r I 1 - N 0' 16' 30. W ----------------------. 395,0' I I I lUl l:g ,.,1 ' ~I~~ 0.10 10, 1M , I IN 0' 16' 30. W L----;-lUl 100,0 , CD ~I~ ol~ S 0' 16' 30. E 'I ~ r---------------------~ JO I 460,0' ------ ,.; 35' I I ~ ~g;~ I "'000 I I I I I I (/)~:D6; I ~~~: Ul (1)1 r-..) 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I I I DRAWN BY: 1LM DA1E DRAWN: 10/19/93 CAMBLEG,DWG .---- I I Page 1 of 7 PARCEL 1 EXHIBIT "C" ENVIRONMENTAL ASSESSMENT: CALUMET PROPERlY Assessment Parameters: During June 1993 a Environmental Site Audit was conducted at the Calumet property. This preliminary audit was performed to determine if hazardous environmental conditions were associated with the site, and lor if surrounding properties are conducting any activities that have the potential to impact the subject site, The audit included testing for Asbestos Containing Materials (ACMs) within the building on site and testing for petroleum and waste oil parameters due to past activities at this location, Subsequent to this audit, a pollutant storage removal and closure assessment was performed August 25, 1993 for a 150 gallon below ground diesel heating oil tarue Further testing for petroleum contaminants and lead were conducted at the time of the tank removal. Findings: The initial findings of the audit were as follows; 1. The certified asbestos contractor identified non friable Asbestos Containing Materials (ACMs) in the flooring of the building, 2, Petroleum contamination of soils (Table 4-1) and groundwater (Table 4-2) were identified in the vicinity of the abandoned underground storage tank. 3, Total lead concentrations, in excess of State of Florida Standards clean up standards were identified in the ground water sample collected in the vicinity of a previous vehicle maintenance area (Table 4-2). The following findings were obtained as part of the closure for the 150 gallon heating oil tank at this location and further testing for lead contamination in groundwater at the time of the tank closure, 1. All excessively petroleum contaminated soils wcre removed from the tank excavation. 2, Grmllldwater samples for all petroleum constituents analyzed at the time of the tank removal either did not exceed state target levels or were below detcctable levels (see table below). 3, A ground water sample for dissolved lead was collected in the area originally tested for total lead, The Dissolved Lead concentration analyzed was found to be 10,10 ugll which is below state target levels (see table below). PARAMETER RESULTS STATE TARGET LEVEL Benzene 0,68 ugll 1.0 ugll Toluene 2,87 ugll * m,p-Xylene 1.46 ugll * o-Xylene 0,85 ugll * Xylene, total 2.31 ugll * Total YOA 5,86 ugll 50.00 ugll Lead 10,10 ugll 50,00 ugll * The totaT of the followm constituents can not exceeo 50,00 u II: Benzene Toluene Eth'll Benzene X Vfene, CALUMET PROPERTY GROUNDWATER RESULTS g This is known as total YOA. gI, y y I , Page 2 of 7 Conclusions: 1. Asbestos _ In the event that the building is to be occupied an operations and maintenance program must be instituted as recommended in the asbestos survey due to the non-friable nature of the ACMs in the building, III the event that the building is demolished a notification form is required to fIled with FDEP and Pinellas County and appropriate safety measures taken during demolition. 2, Petroleum Contamination - As a result of the tank removal and remedial activities at tank closure all excessively contaminated soils were removed from the tank excavation and all groundwater samples analyzed as required by FDEP closure guidelines were below State target levels. A "no further assessment" determination was received by Pinellas County Pollutant Storage Tank Section on 9/29/93 regarding tank closure activities, 3. Lead Contamination- The original testing for total lead showed levels in excess of State guidelines. However, subsequent testing for dissolved lead indicated that lead concentrations were not in excess of State target levels, I I EnviroAssessments, Inc. I I I I I I I I I I I , C> I co W ~ ~o T ~ ~;t " 0 <T I N co "I 8 I ~ :l:~i~:l: .'" . ~. .~ . co -6 _J__-__J' \1 :t~\ ."L"_,, 3::>N3.:l >lNI,-NIVH:) \ I tn r'1IDNr'"lll1 I I 1 - I co co co ch co ~~~~~ Cl Z W l.:> W .J o ~Zz ~<io o:zi= OO<i co-z f-~ -,<i_ _u~ oow ~-'o I 0 co ~ ~ ~ <1 0: <.:) N N I IDeo N~ I co ~ z ~ I w ~ 0 > <i 0: 0 W 0: ~ -?- ~ ()~v ,,/" I ,,/ ~ " ,/ ffi VI ~ <i 0: ~ f- o -' -' -' W J: ~ ~ f- 0:0 oz(/) 0..:>:.:; -,Oz -,O:<i G::~f- ww oo~ w Z <i Ox ~:>o: ~ WO~ eo G~] ,.....0 - . cD~ (/)~ (/) ~ ~ <i 0: ~ " I >< I Page 3 of 7 1-0 I\) B;1; ~c<1 zc<1 0\ .... I UC"l ,~O\ 0C"l 1-0 p... U) t:: ,g ~ U .s bO t:: ,,... <5 ,.D ....... .- o t/l bO t:: ,- ~ o ,.e t/l I\) ..... ,..., t/l .... U I\) B ;:l t/l I\) -5 4-< o 8 ro 1-0 01) ro ;.0 ~ t:: I\) ~ _0 ro,.e UCt) Ct)U) ~ ...... I ...q- I\) 1-0 ;:l bO tl: I I 1 Page 4 of 7 EnviroAssessments, Inc. I -~ I I, , >=- I Sample Designation Sample ColIection Depth (ft below land surface) Total Hydrocarbon Vapor Concentration (unfiltered reading) m 1/ Total Methane Vapor Concentration (carbon filtered) (ppm) Total Petroleum Hydrocarbon Vapor Concentration (ppm) I SB-23 3,0 o 6,0 1.5 I 0.5 I. I I I 11 ppm = parts per miIlion 2J = not tested for (duplicate soil samples were colIected at each location; one sample was tested for total organic vapors [unfiltered], the other for total methane [filtered)), NOTE: Soil borings SB-l through SB-15 were visually inspected for soil contamination, Used oil contamination is identified visualIy, not with the OVA, 292,93364 EnviroAssessments, Inc. 1 Page 5 of 7 I I" \ , Total Hydrocarbon Total Methane Total Petroleum Sample Vapor Concentration Vapor Concentration Hydrocarbon r Collection Depth (unfiltered reading) (carbon filtered) Vapor Concentration ft below land surface m II m m SB-16 4,0 40 21 r 21 19 6,0 15 8 7 r 8,0 3 3 0 r SB-17 3,0 22 5 17 7,0 36 8 28 , SB-18 3,0 4 I 4 0 7,0 4 4 0 I SB-19 3.0 4 4 0 I 7,0 5 4 I SB-20 3,0 4 4 0 6,0 4 4 0 I SB-21 3.0 290 40 250 I 5,0 580 200 380 6,0 103 I 48 55 SB-22 3,0 I' 1 0 5,0 18 .4 14 I ,,:;; , ' LJ I I I I I I I I I I I I I I I I ,'1 I I EnviroAssessments, Inc. Page 7 of 7 State of Florida Concentration Target Level (~g/L) Dectection (g/L) (where applicable) Well Compound TMW -1 13 110 74 Arsenic Barium Chromium Lead 120 TMW -2 Volatile Organic Aromatics Benzene Ethylbenzene Xylenes 10 19 19 TOTAL VOA 48 Naphthalenes 1 - Methylnaphthalene 2 - Methylnaphthalene Naphthalene 27 32 41 TOT AL NAPHTHALENES 100 292,93J64 50,0 1,000,0 100.0 50.0 50,0 100.0 1.0 , -'~ I I Page 1 of 9 PARCEL 2 EXHIBIT "D" ENVIRONMENTAL ASSESSMENT: CAMPBELL PROPERTY Assessment Parameters: During June 1993 an Environmental Site Audit with soil and groundwater analysis was conducted at the Campbell property, This preliminary audit was performed to determine if hazardous environmental conditions were associated with the site, and lor if surrounding properties are conducting any activities that have the potential to impact the subject site, This site is adjacent to industrial facilities and/or locations which have active or removed pollutant storage tanks. Therefore, a broad range of organic compounds (EP A Methods 624/625) and petroleum compounds (EP A Methods 602/610) were analyzed from groundwater samples at the subject site during the initial audit. Soil borings were also screened for petroleum contamination in areas of concern during the initial phase of investigation. Subsequent to the initial audit, re-sampling for organic compounds and ground water flow determination were performed to further assess the location. Findings: The initial findings of the audit were as follows; 1. A temporary monitor well TMW-1 was installed in the vicinity of the aboveground storage tanks at Square "D", and analyzed for organic compounds (EP A Methods 624/625), Several tentatively identified organic compounds were identified (Table 4-2). 2, A ground water sample from temporary monitor well TMW-3 installed in the vicinity of the Hercules of Florida which is currently undergoing a Contamination Assessment for below ground tank removal activities, Methyl Tert-butyl ether (MTBE) at a concentration of 2 micrograms per liter was identified from this sample (Table 4-2). 3, No petroleum contaminated soils were identified in locations tested (Table 4-1), The following are the findings of additional testing for organic compounds and ground water flow direction determination subsequent to the initial audit. 1. Organic compounds were re-sampled in the area of concern near Square "D", Isoproponal and acetone were detected in the collected ground-water samples (Table 5-1). 2, Surficial groundwater flow direction was west-northwest in the study area when tested (Figure 4-1). Conclusions: 1. Organic compound contamination - Organic compounds were identified from groundwater samples analyzed from the Campbell property during the initial audit and subsequent sampling, However, no regulated compound concentrations were detected in ground water samples in excess of State of Florida target concentrations, 2, Petroleum Contamination - No petroleum contaminated soils were identified during investigations of the Campbell Property. The only petroleum contaminant identified during site investigations was Methyl Tert-Butyl Ether at 2 ugIL, This level is well below the State of Florida target Level of 50 ugIL. 3, Ground water flow direction - The groundwater flow direction (west-northwest) indicates that it is unlikely that significant ground-water contamination currently exists in the study area as a result of previous Square D operations, J I I Page 2 of 9 EnviroAssessments, Inc. LEG EN D x TMW-I S TEMPORARY MONITOR WELL LOCATION AND OESIG NATION SQUARE" 0" COMPANY PARKING AREA i'SOUARE "a" x ABOVE GROUND STORAGE: TANKS x~ / N x x x _ l x-x x l's:r-™W-' GATE. / t---APPROXIMATE 11 \ PROPERTY ii' I BOUNDARY i' I 1/ I xI I / I CHAIN-LINK /;' I FENCE~/ ASPHALT I '1 PARKING I PIT2:2 ~ // , I ~MW-2 I ! x / PIT I _ x ~ TMW-3 CONCRETE x I ------- L I - ___ I -~~~ I _x --=:::::::-- I -...~ x ~ ~4/L~0 ~ - x 40 r -- x ~4CkS CONTAMI NATION RESULTING FROM 300 -GALLON U~l OERGROU~lD !';TOPM;E TAm< CITY 0 F CLEARWATER PROPERTY ASPHALT PARKl NG --- x HERCULES OF FLORIDA ROOFING AUTO REPAIR Figure 4-2. A diagram of the subject site showing temporary monitor well locations, Project Number 292-93365 ~ ",;..,'. Scale As shown of 1 "J ~ EnviroAssessments, Inc. I I Page 3 of 9 State of Florida Concentration Target Level (~gIL) Dectection (g/L) (where applicable) Well Compound TMW -1 Ethanol, 2-(2-butoxyethoxy) Ethanone, 2-(formyloxyl)-1-phenyl N - Propy I benzoate Benzamide, N-propyl 3 Unknown Total 10 13 7 9 61 TMW-3 2 Methyl Tert-Butyl Ether 292,93364 50.0 II J'.l GATE_ I 5B-1 ~APPROXIMATE 1f I PROPERTY /' BOUNDARY xII 5B-: i ;} I 5B-3. II xI If ll, CHAIN-~ FENCE x...';/ ~ PIT ~ ~ x ?:2,~?SB-IO I ~Va::sB-11 l< ~SB-12 PIT x _ x -:;=;:f . CONCRETE x 5B-13 /-",___.5B-15 L 5B-14 - __ - ___ _ 5B-8 I ~x I - ~lt 5B-9 ~ .1 -~~ 1?4/LI?O II 40 -- x i. 1. J: I ~ EnviroAssessments, Inc. LEGEND 5B-( . SOIL BORI NG LOCATION AND DESIGNATION SQUARE" 0" COMPANY PARKING AREA II X x - X x-x CONTAMI NATION RESULTING FROM 300-GALLON UNDERGROUND STORAGE TANK CITY OF CLEARWATER PROPERTY HERCULES OF FLORIDA ROOFING AUTO REPAIR , Page 4 of 9 ,.;:-x SQUARE "0" x ABOVE GROUND STORAGE TANKS x~ / II N I SB-: I ASPHALT I PA R KIN G · I 58-5 .1 58-6 I I 58-7-1 , .1 ASPHALT PARKI NG -- x Figure 4-1. A diagram of the subject site showing soil boring locations. Project Number 292-93365 ~ ~ Scale As Shown '_ .1 I I Page 5 of 9 'EnviroAssessments, Inc. Total Hydrocarbon Total Methane Total Petroleum Sample Vapor Concentration Vapor Concentration Hydrocarbon Collection Depth (unfiltered reading) (carbon filtered) Vapor Concentration ft below land surface m II m m SB-l 1.5 2 21 2 0 3,0 2 2 0 6,0 2 2 0 SB-2 1.5 2 2 0 3.0 2 2 0 6,0 2 2 0 SB-3 1.5 2 2 0 3,0 2 2 0 6,0 2 2 0 SB-4 1.5 2 2 0 6,0 2 2 0 SB-5 1.5 2 2 0 6,0 2 2 (I 292-93365 I I Page 6 of 9 "_ . I f ;' I I Page 7 of 9 .. EnviroAssessments, Inc. i_ .1 I \"" I I Page 8 of 9 · EnviroAssessments, Inc. 1/ ppm = parts per million 21 = not tested for (duplicate soil samples were collected at each location; one sample was tested for total organic [unfiltered], the other for total methane [filtered], NOTE: Background readings on the OVA varied between 0 and 2 ppm, 292,93365 -.- ~- L8IiIIIl SQUARE [Q] COMPANY N ~ . . t7:l " ::l' .. _-<. . i ., ,,,., o >. CIJ CIJ tb CIJ CIJ 3 tb ::l .... CIJ ..... ::l r LEGEND ~ TEMPORARY MONITOR TMW-4 WELL LOCATION 48,94 WATER LEVEL ELEVATION, I N FEET, COMMON DATUM / CONTOUR OF WATER LEVf.L ELEVATION,IN FEET, 4,9,00 COM MON DATUM; DASHED WHERE APPROXI MATE ~ INFERRED DIRECTION OF GROUND-WATER FLOW r- - - - - -..::I.-APPROX1MATE LOCATION OF I I :5 ABOVE GROUND STORAGE TANKS L-______-1 ASPHALT PARKING AREA / / / / / - x FENC~~ x - x -x CITY OF CLEARWATER PROPERlY - x -x-x-X-x-x- ~ TMW-.4 /48.94 49,00 GRASS CITY OF CLEARWATER PROPERTY ~ GRASS ~ S TMW-6 49,08 -- SUBJECT SITE PROPERTY ASPHALT PARKING AREA Figure 4-1 ~ ......... Surficial Aquifer Water Level Elevations (referenced to a common datum) and local direction of surficial uquifer ground-water flow (September 13, 1993) in the study area. Project Number 292-93386 Not to Scale "d III ()Q ro \0 o Hl \0 b.:'D:i...- ~ ll: T -2 SE I , CLOSING STATEMENT l'.ARCEL 1. SELLER'S NAME & ADDRESS: CITY OF CLEARWATER, a municipal corporation Clearwater, FL 34616 BUYER'S NAME & ADDRESS: A. LAURA CAMPBELL 1323 Christmas Lane Atlanta, GA 30329 PRORATE DATE: NIA $176,500.00 PURCHASE PRICE: DESCRIPTION OF PROPERTY: Lot 10, LESS the West 430+1- feet thereof, CLEARWATER INDUSTRIAL PARK, according to the map or plat thereof as recorded in Plat Book 44, page 46, of the Public Records of Pinellas County, Florida. CONSIDERATION SELLER DB SELLER BUYER DB BUYER CR SELLER CR SELLER Sales Price $176,500 $176,500 Real Property delivered by Buyer $176,500 -0- $176,500 -0- Balance due: ***************************************************************** EXPENSE OF SALE: CHARGE SELLER CHARGE BUYER Stamps on Deed $1,235.50 Recording Deed $ 10.50 Title Insurance $ 960.00 Title Search $ 125.00 ****************************************************************** TOTAL ExnSES: n1/1 ^ ~ SELLEIiI $2,331. 00 $-0- ~~.(p~ CLOSING STATEMENT fARCEL 2 SELLER'S NAME & ADDRESS: A. LAURA CAMPBELL 1323 Christmas Lane Atlanta, GA 30329 I . j CITY OF CLEARWATER Interdepartmental correspondence Sheet FROM: James V. Hensley, Real Estate Services Manager M. A. Galbraith, Jr., City Attorney~. Escheat of Property to countYICity TO: RE: DATE: June 28, 1991 What goes around, comes around: Lot 17 in Lincoln Place, one of the two parcels that escheated to the County (and which the County conveyed to the city recently), had several city liens on it when it escheated to the county. That canceled the liens, but now we own the property. Please look to see what the County did with Lot 2, Block C, Palm Park subdivision. It was on the list, and it had some city liens on it also. MAG: a Copy: Cynthia Goudeau, city Clerk RECEIVED JU~ 2 S \99\ crrY CLERK - ------ - ... .... , (American Land Titl Association Owner:, Policf..- 10-17-92) (With FI rida ModifiCtt:torrsl~'" Ill' f-~ I OWNER'S TITLE INSURANCE POLICY '....----..-.-.-1 I I I Attorneys' TItle Insurance Fund, Ioc. ORLANDO, FLORIDA SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B AND THE CONDITIONS AND STIPULATIONS, ATTORNEYS' TITLE INSURANCE FUND, INC" a Florida corporation, herein called The Fund, 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 onthe title; 3, Unmarketability of the title; 4. Lack of a right of access to and from the land. The Fund 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, AITORNE\s' TITLE INSURANCE FUND, INC. has caused this policy to be signed and sealed as of Date of Policy shown in Schedule A, the policy to become valid when countersigned by an authorized signatory, Attorneys' Title Insurance Fund, Inc. ~~ By Charles J. Kovaleski President SERIAL OPM- S33472 I l__ i i ------..,...---'----------,--.-,.-,---,..,--.,------_____,_,..,_'.. -...._..,1 FUND FORM OPM (rev. 2/93) Exdusioffi from Coverage The following matters are expressly excluded from the coverage of this policy and The Fund will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: 1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or govern- mental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy, (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2, Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge, 3, Defects, liens, encumbrances, adverse claims or other matters: (a) created, suffered, assumed or agreed to by the insured claimant; (b) not known to The Fund, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to The Fund by the insured claimant prior to the date the insured claimant became an insured under this policy; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the estate or interest insured by this policy, 4, Any claim, which arises out of the transaction vesting in the insured the estate or interest insured by this policy, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that is based on: (a) the transaction creating the estate or interest insured by this policy being deemed a fraudulent conveyance or fraudulent transfer; or (b) the transaction creating the estate or interest insured by this policy being deemed a preferential transfer except where the preferential transfer results from the failure: (i) to timely record the instrument of transfer; or (ii) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor. Conditions and Stipulations (below insert) [ , r I J I .. ~ '-.J.'-.! ------- -,~~- 1 OWNER'S FORM Schedule A ... " I Policy No,: OPM-933472 Effective Date: June 24, 1994 Agent's File Reference: 92-198 Amount of Insurance: $ 176,500.00 1, Name of Insured: City of Clearwater, a municipal corporation 2. The estate or interest in the land described herein and which is covered by this policy is a fee simple (if other, specify same) and is at the effective date hereof vested in the named insured as shown by instrument recorded in Official Records Book 8708 I Page 25 6 I of the Public Records of Pin e 11 a S County, Florida, 3. The land referred to in this policy is described as follows: See attached Exhibit A. ISSUED BY MICHAEL S. EDENFIELD 7230 NAME OF AGENT AGENT NO. AGENT'S SIGNATURE 206 Mason Street MAILING ADDRESS Brandon OTY , Florida 33511 ZIP Form OPM-SCH. A (Rev, 2/89) I FUND OWNER'S FORM Schedule B '" I Policy No,: OPM-933472 This policy does not insure against loss or damage by reason of the following exceptions: 1. Taxes for the year of the effective date of this policy or guarantee and taxes or special assessments which are not shown as existing liens by the public records.: 2. Rights or claims of parties in possession not shown by the public records, 3. Encroachments, overlaps, boundary line disputes, and any other matters which would be disclosed by an accurate survey and inspection of the premises, 4, Easements or claims of easements not shown by the public records, 5, Any lien, or right to a lien, for services, labor, or material heretofore or hereafter furnished, imposed by law and not shown by the public records, 6. Easement to Florida Power Corporation recorded March 1, 1978 in O.R. Book 4663, Page 633, Public Records, Pinellas County, Florida. FUND Form OPM - sea B I ~ I ~ ,~ PARCEL 2: From the Northeast corner of the Northwest 1/4 of the Northeast 1/4 of Section 12, Township 29 South, Range 15 East, run thence N 89021'17" West a distance of 501.06 feet, to the POINT OF BEGINNING; thence S 17009'16" West a distance of 415.94 feet to the Northerly right-of-way of the S.C.L. railroad; thence along said railroad right-of-way N 72050'44" West a distance of 352.97 feet; thence along a curve to the left, a distance of 492.93 feet, with a radius of 488.65 feet, chord bearing N 51026'53" East, chord distance 472.29 feet~ thence S 89021'17" East a distance of 90.60 feet, returning to the POINT OF BEGINNING, and containing a 1.55 acres M.O.L. EXHIBIT A -~.....--"---~..---._-- , 1. Deimition of Tenns I The following terms when used in this p icy mean: (a) "insured": the insured named in Schedule A, and, subject to any rights or defenses The Fund would have had against the named insured, those who succeed to the interest ofthe named insured by operation oflaw as distinguished from purchase including, but not limited to, heirs, distributees, devisees, sUlvivors, personal represen- tatives, next of kin, or corporate or fiduciary successors, (b) "insured claimant": an insured claiming loss or damage, (c) "knowledge" or "known": actual knowledge, not constructive knowledge or notice which may be imputed to an insured by reason of the public records as defined in this policy or any other records which impart constructive notice of matters affecting the land. (d) "land": the land described or referred to in Schedule A, and improvements affixed thereto which by law constitute real property, The term "land" does not include any property beyond the lines of the area described or referred to in Schedule A, nor any right, title, interest, estate oreasementin abutting streets, roads, avenues, alleys, lanes, ways or waterways, but nothing herein shall modify or limit the exten t to which a right of access to and from the land is insured by this policy, (e) "mortgage": mortgage, deed of trust, trust deed, or other securityinstrument. (f) "public records": records established under state statutes at Date of Policy for the purpose of imparting constructive notice of matters relating to real property to purchasers for value and without knowledge, With respect to Section l(a) (iv) of the Exclusions from Coverage, "publicrecords" shall also include environmental protec- tion liens filed in the records of the clerk of the United States district court for the district in which the land is located, (g) "unmarket.'1bility of the title": an alleged or apparent matter affecting the title to the land, not excluded or excepted from coverage, which would entitle a purchaser of the estate or interest described in Schedule A to be released from the obligation to purchase by virtue of a contractual condition requiring the delivery of marketable title. Conditi~~ and Stipulations . " > . , _, , io " '. have the right to select cllllsel of its choice (subject to the right of the insured to object for l'asonable cause) to represent the insured as to those stated causes of action and shall not be liable for and will not pay the fees of any other counsel. The Fund will not pay any fees, costs or expenses incurred by the insured in the defense of those causes of action which allege matters not insured against by this policy. (b) The Fund shall have the right, at its own cost, to institute and prosecute any action or proceeding or to do any other act which in its 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 Fund 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 policy. If The Fund shall exercise its rights under this paragraph, it shall do so diligently. (c) Whenever The Fund shall have brought an action or inter- posed a defense as required or permitted by the provisions of this policy, The Fund 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 Fund to prosecute or provide for the defense of any action or proceeding, the insured shall secure to The Fundrhe right to so prosecute or provide defense in the action or proceeding, and all appeals therein, and permit The Fund to use, at its option, the name of the insured for this purpose, Whenever requested by The Fund, the insured, at The Fund's expense, shall give The Fund 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 ,my other lawfltl act which in the opinion of The Fund may he necessary or desirable to establish the title to the estate or interest as insured. If The Fund is prejudiced by the failure of the insured to furnish the required coopera- tion, The Fund'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, 2. Continuation of Insurance Mter Conveyance of Title The coverage of this policy shall continue in force as of Date of Policy in favor of an insured onlv so long as the insured retains an estate or interest in the land, or holds an indebtedness secured by a purchase money mortgage given by a purchaserfrom the insured, or only so long as the insured shall have liability bv reason of covenants of warranty made by the insured in any transfer or conveyance ofthe esrate or interest. This policy shall not continue in force in favor of any purchaser from the insured of either (i) an estate or interest in the land, or (ii) an indebtedness secured by a purchase money mortgage given to the insured. 3. Notice of Claim To Be Given by Insured Claimant The insured shall notify The Fund promptly in writing (i) in case of any litigation as set fonh in Section 4(a) below, Iii) in case knowledge shall come to an insured hereunder of any claim of title or interest which is adverse to the title to the estate or interest, as insured, and which might cause loss or damage for which The Fund may be liable by virtue of this policy, or (iii) if title to the estate or interest. as insured, is rejected as unmarketable. If prompt notice shall not be given to The Fund, then as to the insured all liability of The Fund shall terminate with regard to the matter or matters for which prompt notice is required; provided, however, that failure to notify The Fund shall in no case prejudice rhe rights of any insured under this policy unless The Fund shall be prejudiced by the failure and then only to the extent of the prejudice. 4. Defense and Prosecution of Actions; Duty of fusured Claimant To Cooperate (a) Upon written request by the insured and subject to the options contained in Section 6 of these Conditions and Stipulations, The Fund, at its own cost and without unreasonable delay, shall provide for the defense of an insured in litigation in which any third party asserts a claim adverse to the title or interest as insured, but only as to those stated causes of action alleging a dekct, lien or encum- brance or other matter insured against bl' this policy, The Fund shall 5, Proof of Loss or Damage In addition to and after the notices required under Section 3 of rhese Conditions and Stipulations have been provided The Fund, a proof ofloss or damage signed and sworn to by the insured claimant shall be furnished to The Fund within 90 days after the insured claiman t 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 ofloss or damage and shall state, to the extent possible, the basis of calculating the amount ofthe loss or damage, If The Fund is prejudiced by the failure of the insured claimant to provide the required proof of loss or damage, The Fund's obligations to the insured under the policy shall terminate, including any liabilityorobligation to defend, prosecute, or continue any litigation, with regard to the matter or matters requiring such proof ofloss or damage. In addition, the insured claimant may reasonably be required to submit to examination under oath by any authorized representative of The Fund and shall produce for examination, inspection and copying, at such reasonable times and places as may be designated by any authorized representative of The Fund, all records, books, ledgers, checks, correspondence and memoranda, whether bear- ing 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 Fund, the insured claimant shall grant its permission, in writing, for any authorized representative of The Fund to examine, inspect and copy all records, books, ledgers, checks, correspondence and memoranda in the custodyor control of a third party, which reasonably pertain to the loss or damage. All information designated as confidential by the insured claimant provided to The Fund pursuant to this Section shall not be disclosed to others unless, in the reasonable judgment of The Fund, it is necessary in the administration ofthe claim. Failure of the insured claimant to submit for examination under oath, produce other reasonably requested information or grant permission to secure reasonably necessary - Conditions and Stipulations (continued on following page) t i i i , I i T- 'I i" " ~ ! ~I'I I I I I I I I I I . I . II "!j -,; ] I I OWNER'S TITLE INSURANCE POllCY Attorneys' TIde Insmance FWld, Inc. ORLt\NDO, FLORIDA For information about c(f()erage or assistance in resolving complaints, call 407-240-3863, I I I .J information from third parties as required in this paragraph shall terminate any liability of The Fund under this policy as to that claim. Conditions and Stipulations (continued) 6. Options To Payor Otherwise Settle Claims; Termination of Liability In case of a claim under this policy, The Fund 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 \\ith any costs, attorneys' fees and expenses incurred bv the insured claimant, which were authorized by The Fund, up to the time of payment or tender of payment and which The Fund is obligated to pay. Upon the exercise by The Fund 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 obliga- tion to defend, prosecute, or continue any litigation, and the policy shall be surrendered to The Fund 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 Fund up to the time of payment and which The Fund 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 Fund up to the time of payment and which The Fund is obligated to pay, Upon the exercise by The Fund of either of the options provided for in paragraphs (b) (i) or (ii), The Fund's obligations to the insured under this policy for the claimed loss or damage, other than the payments required to be made, sh"ll terminate, including any liability or obligation to defend, prosecute or continue any litigation. 7. Determination, Extent of Liability and Coinsurance 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 ofThe Fund under this policy shall not exceed the least of: (i) the Amount ofInsurance 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 tllis policy, (b) (This paragraph dealing with Coinsurrmre was remuved from Florida policies,) (c) The Fund will pay only those costs, attorneys' fees and expenses incurred in accordance with Section 4 of these Conditions and Stipulations, 8. Apportionment If the land described in Schedule c\ 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 butnotall, the loss shall be computed and settled on a pro rata basis as if the amount of insurance under this policy was divided pro rata as to the value on Date of Policy of each separate 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 Fund and the insured at the time of the issuance of this policy and shO\\TI by an express statement or by an endorsement attached to this policy. 9. Limitation of Liability (a) If The Fund establishes the title, or removes the alleged defect, Hen ot' encu; q'Jrance, or cures the lack of a right of access to orfrom thf' lemd. or cures the claim of un marketability of title, all as insured, in a re:lscmably diligent manner by any method, including litigation and the completion of any appeals therefrom, it shall have fully pertormed its obligations with respect to that matter and shall not be liable for any 1m,s or damage caused thereby, (b) In the event of any litigation, including litigation by The Fund or\lith The Fund's consent, The Fund shall have no liability tor loss or damage until there has bee'1 a final detennination by a court of competent jurisdiction, and disposition of all appeals therefrom, adverse to the title as insuri d, (c) The Fund shall not be li:.ble for loss or damage to anyinsurecl for liability voluntarily assumed by the insured in settling any claim or suit "ithout the prior written consent of The Fund. 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 Fund 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 tlle insured owner. 12, Payment of Loss (a) Ko 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 Fund. (b) When liability and the extent of loss or damage has been definitely fixed in accordance with these Conditions and Stipula- tions, the loss or damage shall be payable within 30 days thereafter. 13, Subrogation Upon Paym~nt or Settlement (a) The Fund's Right of Subrogation. Whenever The Fund shall have settled and paid a claim under this policy, all right of subrogation shall vest in The Fund unaffected by anv act of the insured claimant. The Fund 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 Fund, the insured claimant shall transfer to The Fund all rights and remedies against any person or property necessary in order to perfect this right of subrogation. The insured claimant sh:\1I permit The Fund to sue, compromise or settle in the name of the insured claimant and to use the name of the insured claimant in am' transaction or litigation involving these rights or remedies. If a payment on account of a claim does not hilly cover the loss of the insured claimant, The Fund shall be subrogated to these rights and remedies in the proportion which The Fund's payment bears to the whole amount of the loss, Ifloss should result from any act of the insured claimant, as stated above, that act shall not void this policy, but The Fund, in that event, shall be required to pay only that part of any losses insured against by this policy which shall exceed the amount, ifany, lost to The Fund Conditions and Stipulations (continued on reverse page) Conditions and Stipulations (continued) by reason of the impairment by the insured claimant of The Fund's right of subrogation, (b) The Fund's Rights Against Non-insured Obligors, The Fund'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 IWles of the American Arbitration Association may be demanded if agreed to by both The Fund and the insured. Arbitrable matters may include, but are not limited to, any controversy or claim between The Fund and the insured arising out of or relating to this policy, and seroice of The Fund in connection with its issuance or the breach of a policy provision or other obligation, Arbitration pursuant to this policy and under the Rnles in effect on the date the demand for arbitration is made or, at the option of the insured, the Rnles 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 conrt to award attorneys' fees to a prevailing party, Judgment upon the award rendered by the Arbitrator(s) may be entered in any conrt having jurisdiction thereof. The law of the situs of the land shall apply to an arbitration under the Title Insurance Arbitration Rules, A copy of the Rules may be obtained from The Fund upon request 15. liability limited to this Policy; Policy Entire Contract (a) This policy together with all endorsements, if any, attached hereto by The Fund is the entire policy and contract between the insured and The Fund, 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 negli- gence, 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, or Agent of The Fund, 16. Severability In the event any provision of the policy is held invalid or unen- forceable 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 Fund and any statement in writing required to be furnished The Fund shall include the number of this policy and shall be addressed to The Fund at its principal office at Post Office Box 628600, Orlando, Florida 32862-8600, . -- I r I~ ,~~ .~ .. j ,0 ! i I' -., "~. ~ .! . . ---~,---,._._.~-_..,-_.,~ . ,t ..' -I i ~ "-_..~.,_.._--._.._-------~.- SECTION /2, TOWNSHIP 29 SOUTH, RANGE PINELLAS COUN~Y, FLORIDA DESCRIPTION 15 EAST From the Northeast corner of the Northwest 1/4 of the Northeast 1/4 of Section 12, Township 29 South, Range 15 East; run thence N.89021'17" West a distance of 501.06 feet to the POINT OF BEGINNING; thence S.17009'16" West a distance of 415.94 feet to the Northerly right-of-way of the S.C.L, railroad; thence along said railroad right-of-way N.72050'44" West a distance of 352.97 feet; thence along a curve to the left a distance of 492.93 feet with a radius of 488.65 feet, chord bearing N,5J026'53" East, chord distance 472,29 feet; thence S.89021'17" East a distance of 90.60 feet, returning to the POINT OF BEGINNING. Containing 1,55 acres, more or less. CERTIFICA TION CERTIFED TO: CITY OF CLEARWATER, FLORIDA, LAURA CAMPBELL, ATTORNEYS' TITLE INSURANCE FUND, MAX G, BATTLE, JR., ESQUIRE