GERRY D. AND DIANE K. MINEAR
Prepan~d by:
,Debra Hogan
E Z Title, Inc:
815 Court Stre,::1
Clearwater, Fl~rida 33756
I
I
KARLEEN F. DE BLAKER, CLERK OF COURT ~
F'INELLAS C(UiTV, FLORIDA (727) 464-3008
RECORD AND RETURN TO:
EZ TITLE, INC.
815 Court St.
CLEARWATER, FL33756
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lC197149 08-21-2003 14:21:41 LCH
51 DED-MINEAR
001050
rff:03354767 BK:13004 SPG:1614 EPG:1615
RECORDING 002 PAGES 1 $10.50
DOC STAMP - DR219 3 $4,445.00
File Nwnber: 03/106
~~:::::
-
-- - 0
~.':)
TOTAL:
C~T.TENDERED:
CHANGE:
BY _ _ __ DEPUTY CLERK
$4,455.50
$4,455.50
$.00
General Warranty Deed
03-354767 AUG-21-2003 2'22
P INELLAS CO 8K 13004 PG '16 r~
. I !JILU~I "11111/1111I ""I ~MUlill1I1I1II_____
Made this August 21,2003 AD. By GERRY D. MINEAR AND DIANE K. MINEAR, HUSBAND AND WIFE, , hereinafter called
the grantor, to CITY OF CLEARWATER, whose post office address is: , 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 swn ofTen Dollars, ($10.00) and other valuable
considerations, receipt whereof is hereby acknowledged, hereby grants, bargains, sells, aliens, remises, releases, conveys and confirms
unto the grantee, all that certain land situate in Pinellas County, Florida, viz:
That part of Lots 14 and 15, in the Northeast 1/4 of Section 12, Township 29 South, Range 15 East, PINELLAS GROVES, INC.,
according to the map or plat thereof, as recorded in Plat Book 3, Page 15, Public Records of Pin ell as County, Florida, being more
particularly described as follows:
Commence at the Southwest corner of the Noertheast 1/4, of the Northease 1/4, of Section 12, TOwnship 29 South, Range 15 East;
Thence S 89 deg. 10'52" E along the South line of said Northeast 1/4 of the Northeast 1/4 of Section 12, a distance of 648.52 feet
to a point; Thence N 00 deg. 14'52" E, 40 feet to the Point of Beginning, same being a point in the North Right-of-Way line of
Range Road, which point is the Southeast corner of that certain parcel of land conveyed to Normand A Brunet and Edna C.
Brunet, recorded in O.R. 5175, Page 590, Public Records of Pin ell as County, Florida; Thence continue N 00 deg. 14'52" E, along
the East line of said Brunet parcel ofland, a distance of 414.72 feet to a point in the Southerly line of a 100 feet wide S.AL.
Railroad Right-of-Way, same being the Northeasterly corner of said Brunet parcel ofland; Thence S 72 deg. 44'27" E along said
Southerly Right-of-Way line a distance of 268.76 feet to a point; Thence S 00 deg. 14'52" W, a distance of 151.38 feet to a point;
Thence N 89 deg. 10'52" W a distance of 157.01 feet to a point; Thence S 00 deg. 14'52" W a distance of 187.27 feet to a point in
the aforesaid North Right-of-Way line of Range Road; Thence N. 89 deg. 10'52" W along said line a distance of 100.00 feet to the
Point of Beginning.
Said property is not the homestead of the Grantor(s) under the laws and constitution of the State of Florida in that neither Grantor(s) or any
members of the household ofGrantor(s) reside thereon.
ParcellD Number: 12/29/15/70182/100/1501
Together with all the tenements, hereditaments and appurtenances 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, [user t)'Pe prior 'year].
In Witness Whereof, the said grantor has signed and sealed these presents the day and year first above written.
,~'
(Seal)
Signed, sealed and delivered in our presence:
'-..,.
Address:
L(M6M Ii Jtuu~
DIANE K. MINEAR .
Address:
(Seal)
State of Florida
DEED Individual Warranty Deed With Non-Homestead-Legal on Face
Closers' Choice
/ 2~-O /5'-0 I
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"11III
Prepared by:
.Debra Hogan
E Z T)t1e, Inc:
815 Court Stre~t'
Clearwater, Florida 33756
I
I
File Nwnber: 03/106
OF"~ INtllRS
,. RtC e COUNiY r-l
. ,k 13004 PG R.
1S15
County of Pin ell as
The foregoing instrument was acknowledged before me this 21st day of August, 2003, by GERRY D. MINEAR AND DIANE K.
MINEAR, HUSBAND AND WIFE, who is/are personally known to me or who has produced /...P, ~ as
identification. ~ 1/) n .
__VARIA ~
N ry Public
"\'I'~h~",, P t Name:
/~~'!"~i'if({." Jan Dalla Rosa
~(~ ij MY COMMlSSlON II D0093972 EXPIRES My Commission Expires:
"J.i:......~: February 20 2006
' .f/f..~" BONDED THRU TROY FAlN'INSUIlANC( INC
DEED Individual Warranty Deed With Non-Homestead-Legal on Face
Closers' Choice
A.
U. S. DEPARTMENT OF DOUS G AND URBAN DEVELOPMENT
SETTLEMENT STATEMENT
B.
TYPE OF LOAN
E Z Title, Inc.
815 Court Street
Clearwater, Florida 33756
727-631-0100 fax: 727-631-0040
1. 0 FHA 2, 0 FMHA 3. 0 CONV. UNINS.
4. OVA 5, OCONV, INS,
6. File Number: 7, Loan Number:
03/106
8. Mortgage 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 i'lformational purposes and are not included in the totals.
D. Borrower: CITY OF CLEARWATER By: EARL BARREIT
E. Seller: GERRY D. MINEAR AND DIANE K. MINEAR, HUSBAND AND WIFE
F. Lender:
G. Property:
2150 RANGE ROAD
Clearwater, Pinellas County, Florida 33765
Lot EAST 22 FEET OF 14 AND PT 15, PINELLAS GROVES, Book 3, Page 15 Pinellas County, Florida
E Z Title, Inc.
815 Court Street, Clearwater, Florida 33756 Pinellas County
August 21,2003
H. Settlement Agent:
Place of Settlement:
I. Settlement Date:
J. Summary of Borrower's Transaction K. Summary of SeDer's Transaction
100. Gross Amount Due From Borrower: 400. Gross Amount Due To Seller:
101. Contract Sales Price 635,000.00 401. Contract Sales Price 635,000.00
102. Personal Property 402. Personal Property
103. Settlement Charges to Borrower (line 1400) 10.50 403.
104. 404.
105. 405.
Adjustments for Items Paid bv Seller in Advance: Adiustments for Items Paid bv Seller in Advance:
106. City / Town Taxes 406. City / Town Taxes
107. County / Parish Taxes 407. County / Parish Taxes
108. Assessments , 408. Assessments
109. 409.
1I0. 410.
120. Gross Amount Due from Borrower: 635,010.50 420. Gross Amount Due to Seller: 635,000.00
200. Amounts Paid by or in Behalf of Borrower: 500. Reductions in Amount Due to Seller:
201. Deposit / Earnest Money 501. Excess Deposit (see instructions)
202. Principal Amount of New Loan 502. Settlement Charges to Seller (Line 1400) 63,608.61
203. Existing Loan(s) 503. Existing Loan(s)
204. 504. Payoff of First Mortgage to PEOPLE'S BANK 438,299.37
205. 505. Payoff of Second Mortgage to FIRST 78,081.68
NATIONAL BANK
206. 506. Purchase Money Mortgage to
207. 507. RECORDING OF 2 QUIT CLAIM DEEDS 24.40
Adjustments for Items Unpaid by Seller: Adiustments for Items Unpaid by Seller:
210. City / Town Taxes 510. City / Town Taxes
211. County / Parish Taxes 511. County / Parish Taxes
212. Assessments 512. Assessments
213. 513.
214. 514.
220. Total Paid by / for Borrower: 0.00 520. Total Reductions in Amount Due 580,014.06
SeDer:
300. Cash at Settlement from / to Borrower: 600. Cash at Settlement to / from Seller:
301. Gross Amount due from Borrower (line 120) 635,010.50 601. Gross Amount due to Seller (line 420) 635,000.00
302. Less Amount Paid by/for Borrower (line 220) 0.00 602. Less Reductions Amount due Seller (line 520) 580,014.06
303. Cash From Borrower: $635,010.50 603. Cash To Seller: $54,985.94
I have carefully reviewed the HUD-I Settlement Statement lBld to the best of my knowledge and belief, it is a true and accurate statement of all receipts and
disbursements made on my account or by me in this transaction. I further certify that I have received a copy -I Settlement Stateme
Bono_ ~~
CI OF CLEARW R By: EARL BARRETT
Seller:
Seller:
DI
The HUD-I Settlement Statement which I have prepared is a true and accurate account ofthis transaction. I have caused Of will cause the funds to be disbursed
in accordance with this ement.
Date: August 21, 2003
File No.: 03/106
Settlement Agent:
J
WARNING: It is a cn e to knowingly make false statements to the United States on this or any other similar fonn. Penalties upon conviction can
include a fine or imprisonment. For details see: Title 18 U.S. Code Section 1001 and Section 1010.
HUD-1 April 2003
August 21,2003 10:23 AM
OMB No. 2502-0265
RESP A handbook 4305.2
Settlement Date:August 21,2003
J
I
File Number: 03/106
L. Settlement Charges
700. Total Sales I Broker's Commission: Paid from Paid from
Based on Price $635,000.00 @ 6.00% = $38,100.00 Borrower's Seller's
Division of Commission as follows Funds Funds
701. 38,100.00 to CHARLES RUTENBERG REALTY at at
702. Settlement Settlement
703. Commission Paid at Settlement 38,100.00
800. Items Payable in Connection with Loan:
801. Loan Origination Fee
802. Loan Discount
803. Appraisal Fee
804. Credit Report
805. Lender's Inspection Fee
806. Mortgage Insurance Application Fee
807. Assumotion Fee
808. Tax Service Fee
809. Underwriting Fee
900. Items Required by Lender to be Paid in Advance:
901. Interest from Aug 21,2003 \aJ 0.0000 / day
902. Mortgage Insurance Premium
903. Hazard Insurance Premium
904. Flood Insurance Premium
1000. Reserves Deposited with Lender:
100 I. Hazard Insurance
1002. Mortgage Insurance
1003. City Prooerty Taxes
1004. County Property Taxes 11,381.33
1005. Annual Assessments
1006. Flood Insurance
1007. PRORATION OF 2003 PROPERTY TAXES 6,111.28
1100. Title Chal1!:es:
1101. Settlement or Closing Fee to E ZTitle, Inc. , 150.00
1102. Abstract or Title Search to E Z Title, Inc. 65.00
1103. Title Examination to E Z Title, Inc. 100.00
1104. Title Insurance Binder
1105. Document Preparation
1106. Notary Fees
1107. Attorney Fees
(includes above item numbers:
1108. Title Insurance to E Z Title, Inc. 3,250.00
(includes above item numbers:
1109. Lender's Coverage 0.00 Risk Premium 0.00
1110. Owner's Coverage 635,000.00 Risk Premium 3,250.00
1200. Government Recording and Transfer Charges:
1201. Recording Fees: Deed 10.50 Mortgage 0.00 Releases 6.00 10.50 6.00
1202. City/County tax/stamps: Deed 0.00 Mortgage 0.00
1203. State tax/stamos: Deed 4,445.00 Mortgage 0.00 4,445.00
1204. Intangible Tax to Clerk ofthe Circuit Court
1205.
1300. Additional Settlement Chal1!:es:
1301. Survey to SUNCOAST LAND SURVEYING (ooc 1,100.00)
1302. Pest Inspection
1400. Total Settlement Charges (Enter on line 103, Section J and line 502, Section K) $10.50 $63,608.61
.. d~ CITYOFCLEARWATER
Borrower ImtJals: ~ By: EARL BARREIT
Seller Initials:
>>-01!L GERRY D. MINEAR
~DlANE K. MINEAR
HUD-l April 2003
August 21,2003 10:23 AM
OMB No. 2502-0265
RESPA handbook 4305.2
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I
POLICY I
NUMBER 533~-
277552
Owner's Policy of Title Insurance
Fidelity National Title Insurance Company
OF NEW YORK
A Stock Company
SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COV-
ERAGE CONTAINED IN SCHEDULE B AND THE CONDITIONS AND STIPULATIONS,
FIDELITY NATIONAL TITLE INSURANCE COMPANY OF NEW YORK, a New York
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
herein;
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.
This policy shall not be valid or binding until Schedule A has been countersigned by either a duly
authorized agent or representative of the Company and Schedule B has been attached hereto.
IN WITNESS WHEREOF, FIDELITY NATIONAL TITLE INSURANCE COMPANY OF NEW
YORK has caused this policy to be signed and sealed by its duly authorized officers as of Date of
Policy shown in Schedule A.
Fidelity National Title Insurance Company
of New York
e
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SEAL.
BY
~rpuj /I~~ L
P,eticlenl
ATTEST
~ H, WMna-
s.craurr
FORM 5332 (8/94)
Reprinted (5197)
ALTA OWNER'S POuey (10-17-92)
with Ftorida Modifications
Fidelity fational Title Insurance Cfompany
AL TA OWNER'S POLICY
Agent's File Number: 03/106
Owner's Policy Number:
5332-277552
Customer File Number: 03-5370A
Schedule A
Date of Policy: August 21, 2003 at 02:21:41 PM
Amount of Insurance: $635,000.00
1. Name of Insured:
CITY OF CLEARWATER
2. The estate or interest in the land which is encumbered by the insured is:
FEE SIMPLE
3. Title to the estate or interest in the land is vested in the Insured by:
Geneml Warranty Deed executed by GERRY D. MINEAR AND DIANE K. MINEAR,
HUSBAND AND WIFE, to CITY OF CLEARWATER, dated August 21, 2003, filed August
21,2003, as recorded in O.R. 13004, Page 1614, Public Records of Pin ell as County, Florida,
conveying said property described herein.
4. . The land referred to in this policy is situated in the State of Florida, County of Pin ell as and is
described as follows:
See Schedule A Continuation, for Legal Description
E Z Title, Inc., as issuing agent for
Fidelity National Title Insurance Company
dkc/ss/lc
('"
By:
Fidelity rational Title Insurance qompany
AL TA OWNER'S POLICY
Agent's File Number: 03/106
Owner's Policy Number:
5332-277552
Schedule A, Continuation
That part of Lots 14 and 15, in the Northeast 1/4 of Section 12, Township 29 South, Range 15 East, PINELLAS
GROVES, INC., according to the map or plat thereof, as recorded in Plat Book 3, Page 15, Public Records of
Pinellas County, Florida, being more particularly described as follows:
Commence at the Southwest corner of the Northeast 1/4, of the Northeast 1/4, of Section 12, Township 29
South, Range 15 East; thence S 89 deg. 10'52" E along the South line of said Northeast 1/4 of the Northeast 1/4
of Section 12, a distance of 648.52 feet to a point; thence N 00 deg. 14'52" E, 40 feet to the Point of Beginning,
same being a point in the North right-of-way line of Range Road, which point is the Southeast comer of that
certain parcel ofland conveyed to Normand A. Brunet and Edna C. Brunet, recorded in O.R. 5175, Page 590,
Public Records of Pin ell as County, Florida; thence continue N 00 deg. 14'52" E, along the East line of said
Brunet parcel ofland, a distance of 414.72 feet to a point in the Southerly line ofa 100 feet wide S.A.L.
Railroad right-of-way, same being the Northeasterly comer of said Brunet parcel of land; thence S 72 deg.
44'27" E along said Southerly right-of-way line a distance of268.76 feet to a point; thence S 00 deg. 14'52" W, a
distance of 151.38 feet to a point; thence N 89 deg. 10'52" W a distance of 157.01 feet to a point; thence S 00
deg. 14'52" W a distance of 187.27 feet to a point in the aforesaid North right-of-way line of Range Road;
thenceN. 89 deg. 10'52" W along said line a distance of 100.00 feet to the Point of Beginning.
'" "~
Fidelity rational Title Insurance <jompany
ALTA OWNER'S POLICY
Agent's File Number: 03/106
Owner's Policy Number:
5332-277552
Schedule B
EXCEPTIONS FROM COVERAGE
This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or
expenses) by reason of the following:
1. Any facts, rights, interest, or claims which are not shown by the public records but which could
be ascertained by an inspection of said land or by making inquiry of persons in possession
thereof
2. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts
which a correct survey would disclose, and which are not shown by public records.
3. Any lien, or right to a lien, for services, labor or material theretofore hereafter furnished, imposed
by law and not shown by the public records.
4. Rights of parties in actual possession of all or any part of the premises.
5. Taxes and assessments for the year 2003 which are not yet due and payable.
6. Easement in favor of Florida Power Corporation as recorded in O.R. 7516, Page 1179, Public
Records of Pine lIas County, Florida.
CONTRACT FOR PURCHASE OF REAL PROPERTY
BY
THE CITY OF CLEARWATER, FLORIDA
PARTIES: Gerry D. Minear and Diane K. Minear, husband and wife (herein "Seller"), of 4515 Serenity
Trail, Palm Harbor, Florida 34685 Phone: (727) 937-6910, and the CITY OF CLEARWATER,
FLORIDA, a Municipal Corporation of the State of Florida (herein "Buyer" or "City") of P. O. Box 4748,
Clearwater, Florida 33758-4748, ATTENTION: William B. Horne, II, City Manager, (collectively
"Parties") hereby agree that the Seller shall sell and Buyer shall buy the following real property ("Real
Property") and personal property ("Personalty") (collectively "Property") upon the following terms and
conditions.
1. PROPERTY DESCRIPTION 2150 RANGE ROAD, CLEARWATER, FLORIDA
A portion of the NE1/4 of Section 12, Township 29 South, Range 15 East, Pinellas
County, Florida, being more particularly described as: PINELLAS GROVES, the
East 22 feet of Lot 14 and part of Lot 15 described as follows: from the SW corner
of the NE1/4 of the NE1/4 of said Section 12, Township 29 South, Range 15 East,
run 648.52 feet; thence North 40.00 feet for a POINT OF BEGINNING; continue
North 414.72 feet; thence South 730 East, 268.76 feet; thence South 151.38 feet;
thence West 157.10 feet; thence South 187.27 feet; thence West 100.00 feet to the
POINT OF BEGINNING, together with all improvements constructed thereon and
fixtures attached thereto. Containing 1.55 acres, more or less.
PERSONALTY:
NONE /2- 2 C(-}J-~-
2. FULL PURCHASE PRICE. ............................................................................ $ 635,00000
3. MANNER OF PAYMENT: City of Clearwater check in U.S. funds
at time of closing ................................................... $ 63500000
4. PURCHASE PRICE
The Full Purchase Price as shown herein has been reached through negotiations with the Seller by City
staff through Seller's agent, Debra Hogan, Charles Rutenberg Realty, Inc. The Purchase Price is
based upon and supported by the following appraisal reports: Colliers Arnold Valuation Services
appraisal dated April 24, 2003 - $590,000, and Valuation Services, Inc. appraisal dated May 5, 2003 _
$650,000.
5. TIME FOR ACCEPTANCE; APPROVALS
Following execution of this contract by Seller, the price, terms and conditions as contained herein shall
remain unchanged and be held unconditionally open for a period of 45 days following delivery in
duplicate original to City Manager of the City of Clearwater for acceptance and approval, or rejection by
action of the Clearwater City Commission ("Commission"). If this agreement is accepted and approved
by the Commission, it will be executed by duly authorized City officials and delivered to Seller within 10
days thereafter. If this contract is rejected by the Commission upon presentation, this contract shall be
null and void in all respects and Seller shall be so informed in writing within 5 days of such action.
'OM ~<<fJ\ 1
/ 2 ~Ol)/J/
6. TITLE
Seller warrants legal capacity to and shall convey marketable title to the Property by General Warranty
Deed, subject only to matters contained in Paragraph 7 acceptable to Buyer. .Otherwise title shall be
free of liens, easements and encumbrances of record or known to Seller, but subject to property taxes
for the year of closing; covenants, restrictions and public utility easements of record; and no others
provided there exists at closing no violation of the foregoing and none of them prevents Buyer's
intended use of the Property. Seller warrants and represents that there is ingress and egress to the
Real Property sufficient for the intended use as described herein.
7. TITLE EVIDENCE
Seller shall, at Seller expense and within 15 days prior to closing date deliver to Buyer a title insurance
commitment issued by a Florida licensed title insurer agreeing to liens, encumbrances, exceptions or
qualifications set forth in this Contract, and those which shall be discharged by Seller at or before
closing. Seller shall convey a marketable title subject only to liens, encumbrances, exceptions or
qualifications set forth in this Contract. Marketable title shall be determined according to applicable Title
Standards adopted by The Florida Bar and in accordance with law. Buyer shall have 5 days from
receiving evidence of title to examine it. If title is found defective, Buyer shall, within 3 days thereafter,
notify Seller in writing specifying defect(s). If the defect(s) render title unmarketable, Seller will have
120 days from receipt of notice within which to remove the defect(s), failing which Buyer shall have the
option of either accepting the title as it then is or withdrawing from this Contract. Seller will, if title is
found unmarketable, make diligent effort to correct defect(s) in title within the time provided therefor,
including the bringing of necessary suits.
8. SURVEY
Buyer, at Buyer's expense, within time allowed to deliver evidence of title and to examine same, may
have Real Property surveyed and certified to the Buyer, Seller and closing agent by a registered Florida
land surveyor. If survey shows any encroachment on Real Property, or that improvements located on
Real Property encroach on setback lines, easements, lands of others, or violate any restrictions,
contract covenants or applicable governmental regulation, the same shall constitute a title defect. The
survey shall be performed to minimum technical standards of the Florida Administrative Code and may
include a description of the property under the Florida Coordinate System as defined in Chapter 177,
Florida Statutes.
9. CLOSING PLACE AND DATE
Seller shall designate closing agent and this transaction shall be closed in the offices of the designated
closing agent in Pinellas County, Florida, on or before August 15, 2003, unless extended by other
provisions of this contract.
Page 2 of 7
')0 '^
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10. CLOSING DOCUMENTS
Seller shall furnish closing statements for the respective parties, deed, bill of sale (if applicable),
mechanic's lien affidavit, assignments of leases, tenant and mortgage estoppel letters, and corrective
instruments. If Seller is a corporation, Seller shall deliver a resolution of its Board of Directors
authorizing the sale and delivery of the deed and certification by the corporate Secretary certifying the
resolution and setting forth facts showing the conveyance conforms with the requirements of local law.
11. CLOSING EXPENSES
Documentary stamps on the deed, unless this transaction is exempt under Chapter 201.24, Florida
Statutes, shall be paid by the Seller. Seller shall also pay the costs of recording any corrective
instruments. Recordation of the deed shall be paid by Buyer.
12. PRORATIONS; CREDITS
Taxes, assessments, rent (if any) and other revenue of the Property shall be prorated through the day
before closing. Closing agent shall collect all ad valorem taxes uncollected but due through day prior to
closing and deliver same to the Pinellas County Tax Collector with notification to thereafter exempt the
Property from taxation as provided in Chapter 196.012(6), Florida Statutes. If the amount of taxes and
assessments for the current year cannot be ascertained, rates for the previous year shall be used with
due allowance being made for improvements and exemptions. Any deposits held by Seller in trust for
third parties in occupancy of the Property shall be credited to Buyer at time of closing. Assessments for
any improvements that are substantially complete at time of closing shall be paid in full by Seller.
13. OCCUPANCY
Seller warrants that there are no parties in occupancy other than the Seller, or as otherwise disclosed
herein. 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 Paragraph 14. Seller agrees to
deliver occupancy of the Property at time of closing unless otherwise stated herein.
14. LEASES
Seller shall, not less than 15 days before closing, furnish to Buyer copies of all written leases and
estoppel letters from each tenant specifying the nature and duration of the tenant's occupancy, rental
rates, advanced rent and security deposits paid by tenant. If Seller is unable to obtain such letter from
each tenant, the same information shall be furnished by Seller to Buyer within that time period in the
form of a Seller's affidavit, and Buyer may thereafter contact tenants to confirm such information. Seller
shall, at closing, deliver and assign all original leases to Buyer and credit Buyer with all advanced rents
and security deposits paid by or on behalf of each tenant.
15. PROPERTY CONDITION
Seller shall deliver the Property to Buyer at time of closing in its present "as is" condition, ordinary wear
and tear excepted, and shall maintain the landscaping and grounds in a comparable condition. Seller
makes no warranties other than is disclosed herein in Paragraph 22 ("SELLER WARRANTIES") and
marketability of title. Buyer's covenant to purchase the Property "as is" shall be with the right of
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inspection more specifically defined as follows:
"As Is" With Right of Inspection: Subject to Buyer review and acceptance of that certain Transaction
Screen Audit report provided by Seller. dated October 13. 2000 as prepared by Lee's Environmental
Services in accordance with ASTM Practice E1528-00 guidance criteria, Buyer may, at Buyer expense
and within 21 days following the Effective Date ("Inspection Period"), conduct additional inspections,
tests, environmental and any other investigations of the Property Buyer deems necessary to determine
suitability for Buyer's intended use. Seller shall grant reasonable access to the Property to Buyer, its
agents, contractors and assigns for the purposes of conducting the inspections provided, however, that
all such persons enter the Property and conduct the inspections and investigations at their own risk.
Seller will, upon reasonable notice, provide utilities services as may be required for Buyer's inspections
and investigations. Buyer shall not engage in any activity that could result in a mechanics lien being
filed against the Property without Seller's prior written consent. Buyer may terminate this contract by
written notice to Seller prior to expiration of the Inspection Period if the inspections and/or investigations
reveal conditions which are reasonably unsatisfactory to Buyer, unless Seller elects to repair or
otherwise remedy such conditions to Buyer satisfaction; or Buyer, at its option, may elect to accept a
credit at closing of the total estimated repair costs as determined by a licensed general contractor of
Buyer's selection and expense. If this transaction does not close, Buyer agrees, at Buyer expense, to
repair all damages to the Property resulting from the inspections and investigations and return the
Property to its present condition.
16. WALK-THROUGH INSPECTION
At a time mutually agreeable between the parties, but not later than the day prior to closing, Buyer may
conduct a final "walk-through" inspection of the Property to determine compliance with any Buyer
obligations under Paragraphs 8 and 15 and to insure that all Property is in and on the premises. No
new issues may be raised as a result of the walk-through.
17. SELLER HELD HARMLESS
Buyer is self insured, and subject to the limits and restrictions of the Florida Sovereign immunity statute,
F.S. 768.28, agrees to indemnify and hold harmless the Seller from claims of injury to persons or
property during the inspections and investigations described in Paragraph 15(b) resulting from Buyer's
own negligence only, or that of its employees or agents only, subject to the limits and restrictions of the
sovereign immunity statute.
18. RISK OF LOSS
If the Property is damaged by fire or other casualty before closing and cost of restoration does not
exceed 3% of the assessed valuation of the Property so damaged, cost of restoration shall be an
obligation of the Seller and closing shall proceed pursuant to the terms of this contract with restoration
costs escrowed at closing. If the cost of restoration exceeds 3% of the assessed valuation of the
improvements so damaged, Buyer shall have the option of either taking the Property "as is", together
with either the 3% or any insurance proceeds payable by virtue of such loss or damage, or of canceling
this contract.
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19. PROCEEDS OF SALE; CLOSING PROCEDURE
The deed shall be recorded upon clearance of funds. Proceeds of sale shall be held in escrow by
Seller's attorney or by such other mutually acceptable escrow agent for a period of not longer than 5
days from and after closing, during which time evidence of title shall be continued at Buyer's expense to
show title in Buyer, without any encumbrances or change which would render Seller's title unmarketable
from the date of the last title evidence. If Seller's title is rendered unmarketable through no fault of the
Buyer, Buyer shall, within the 5-day period, notify the Seller in writing of the defect and Seller shall have
30 days from the date of receipt of such notification to cure the defect. If Seller fails to timely cure the
defect, all funds paid by or on behalf of the Buyer shall, upon written demand made by Buyer and within
5 days after demand, be returned to Buyer and simultaneously with such repayment, Buyer shall return
Personalty and vacate Real Property and reconvey it to Seller by special warranty deed. If Buyer fails
ato make timely demand for refund, Buyer shall take title "as is", waiving all rights against Seller as to
any intervening defect except as may be available to Buyer by virtue of warranties contained in the
deed. The escrow and closing procedure required by this provision may be waived if title agent insures
adverse matters pursuant to Section 627.7841, F.S. (1987), as amended.
2,0. DEFAULT
If this transaction is not closed due to any default or failure on the part of the Seller, other than to,make
the title marketable after diligent effort, Buyer may seek specific performance or unilaterally cancel this
agreement upon giving written notice to Seller. If this transaction is not closed due to any default or
failure 'on the part of the Buyer, Seller may seek specific performance. If a Broker is owed a brokerage
fee regarding this transaction, the defaulting party shall be liable for such fee.
21. SELLER WARRANTIES
Seller warrants that there are no facts known to Seller that would materially effect the value of the
Property, or which would be detrimental to the Property, or which would effect Buyer's desire to
purchase the property except as follows: (Speci(y known defects If none are known, write "NONE")
NONE
Buyer shall have the number of days granted in Paragraph 15 above ("Property Condition") to
investigate said matters as disclosed by the Seller, and shall notify Seller in writing whether Buyer will
close on this contract notwithstanding said matters, or whether Buyer shall elect to cancel this contract.
If Buyer fails to so notify Seller within said time period, Buyer shall be deemed to have waived any
objection to the disclosed matters and shall have the obligation to close on the contract.
22. RADON GAS NOT.FICA TION
In accordance with provisions of Section 404.056(8), Florida Statutes (1989), as amended, Buyer is
hereby informed as follows:
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RADON GAS: Radon is a naturally occurring radioactive gas that, when it has
accumulated in a building in sufficient quantities, may present health risks to
persons who are exposed to it over time. Levels of radon that exceed federal and
state guidelines have been found in buildings in Florida. Additional information
regarding radon and radon testing may be obtained from your county health unit.
23. CONTRACT NOT RECORDABLE; PERSONS BOUND
Neither this contract nor any notice of it shall be recorded in any public records. This contract shall bind
and inure to the benefit of the parties and their successors in interest. Whenever the context permits,
singular shall include plural and one gender shall include all.
24. NOTICE
All notices provided for herein shall be deemed to have been duly given if and when deposited in the
United States Mail, properly stamped and addressed to the respective party to be notified, including the
parties to this contact, the parties attorneys, escrow agent, inspectors, contractors and all others who
will in any way act at the behest of the parties to satisfy all terms and conditions of this contract.
25. ASSIGNABILITY; PERSONS BOUND
This contract is not assignable. The terms "Buyer", "Seller", and "Broker" (if any) may be singular or
plural. This Contract is binding upon Buyer, Seller, and their heirs, personal representatives,
successors and assigns (if assignment is permitted).
26. ATTORNEY FEES; COSTS
In any litigation arising out of this contract, the prevailing party shall be entitled to recover reasonable
attorney's fees and costs.
27. TYPEWRITTEN OR HANDWRITTEN PROVISIONS
Typewritten or handwritten provisions shall control all printed provisions of contract in conflict with them.
28. BROKER REPRESENTATION
Seller is represented by Debra Hogan, Realtor, of Charles Rutenberg Realty, Inc., a Florida Licensed
Real Estate Brokerage firm ("Broker"), in a fiduciary capacity as representative of the Seller in
connection with the transactions contemplated hereby. Seller shall be responsible for any Brokerage
fee or expense due to said Broker.
29. EFFECT OF PARTIAL INVALIDITY
The invalidity of any provision of this contract will not and shall not be deemed to effect the validity of
any other provision. In the event that any provision of this contract is held to be invalid, the parties
agree that the remaining provisions shall be deemed to be in full force and effect as if they had been
executed by both parties subsequent to the expungement of the invalid provision.
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30. GOVERNING LAW
It is agreed by and between the parties hereto that this contract shall be governed by, construed, and
enforced in accordance with the laws of the State of Florida.
31. COUNTERPARTS; FACSIMILE COPY
This contract may be executed in two or more counterparts, each of which shall be deemed an original
and all of which together shall constitute one instrument. A facsimile copy of this contract, including any
addendum, attachments and any written modifications hereof, and any initials or signature thereon shall
be deemed an original.
32. ENTIRE AGREEMENT
Upon execution by Seller and Buyer, this contract shall constitute the entire agreement between the
parties, shall supersede any and all prior and contemporaneous written and oral promises,
representations or conditions in respect thereto. All prior negotiations, agreements, memoranda and
writings shall be merged herein. Any changes to be made in this agreement shall only be valid when
expressed in writing, acknowledged by the parties and incorporated herein or attached hereto.
APPROVED & EFFECTIVE this r21 jjJ! day of }# ' 2003.
CITY OF CLEARWATER, FLORIDA
ner
B~trl~.~1. ~ -zt
William B. Horne II, City Manager
Approved as to form:
(J~
Laura Lipowski, Assistant City Attorney
Attest:
'. " 1.
f~ynthia E. -~~~~___u, C!W Clerk
SELLER:
1f)J ~ t: >>tW aA-
'Diane K. Minear
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