CLEARWATER HOUSING AUTHORITY
KARLEEN F. DE BLAKER, CLERK OF'COURT
PUlLLAS ClJJNTV, FLORIDA
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w. ~~ared By: LAURIE BRIEF
Somers Title Company
819 COUR1'STREET
CLEARWATER, FL 33756
incidental to the issuance of a title insurance policy,
File Number: 01120020
Parcel ID #: 15-29-15-16830-001-0240
Grantee(s) SS #:
I '02-021501 JFlN-15";'2002 4: :35PM
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WARRANTY DEED
(CORPORATE)
lC16866? 01-15-2002 16:35:00
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This WARRANTY DEED, dated JANUARY 14, 2002 by:
CLEARWATER HOUSING AUTHORITY, a body corporate and public organized and existing under the laws of the state of
Florida
whose post office address is:
210 SOUTH EWING AVENUE, CLEARWATER, FL 33756
hereinafter called the GRANTOR, to
CITY OF CLEARWATER, FLORIDA, a Municipal Corpnration of the State of I'lorida
whose post office address is:
PO BOX 4748, CLEARWATER, FL 33758
hereinafter called the GRANTEE:
(Wherever used herein the tenns "Grantor" and "Grantee" include all parties to this instrument and the heirs, legal representatives and
assigns of individuals, and the successors and assigns of corporations,)
WITNESSETH: That the GRANTOR, for and in consideration of the sum of $10,00 and other valuable considerations, receipt
whereof is hereby acknowledged, hereby grants, bargains, sells, aliens, remises, releases, conveys and confinns unto the GRANTEE,
all that certain land situate in PINELLAS County, Florida, viz:
Part of Lots 9, 10, 11 and 24, and all of Lots 25, 26, 27, 28, 29 and 30, together with the North 1/2 of vacated Haven Street
adjacent to Lot 30 in Block "A" of Replat of Coachman Heights, according to Plat Book 20, Page 26, Public Records of
Pinellas County, Florida, more particularly described as: A Part of Block "A" Replat of Coachman Heights, a Subdivision
according to the plat thereof as recorded in Plat Book 20, Page 26, Public Records of Pinellas County, Florida; and a part of
the North 1/2 of vacated Haven Street, being more particularly described as follows: Commence at the NW corner of Block
"C" of said Coachman Heights; thence N 0052'40" W, along the East Right-of-Way line of Prospect Avenue, 250.00 feet;
thence S 89047'30" E, 211.70 feet to the POINT OF BEGINNING; thence n 01023'48" W, 106.26 feet; thence N 89010'06" E,
227.55 feet to the West Right-of-Way line of Ewing Avenue; thence S 01002'14" E, along said West Right-of-Way line 338.79
feet to the centerline of vacated Haven Street; thence West along the centerline of Haven Street 221.22 feet; thence N
01002'14" W, 229.22 feet; thence N 89047'30" W, 5.70 feet to the POINT OF BEGINNING;
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TOGETHER WITH all right, title and interest in and to that certain perpetual and exclusive easement over, through, across
and under the Westerly fiteen (15) feet of Lots 11, 12, 13 and 14 in Block "C" of the Replat of Coachman Heights, as recorded
in Plat Book 20, Page 26, Public Recods of Pinellas County, Florida, and extending Northwardly through the South 1/2 of
vacated Haven Street as reserved in the Warranty Deed from fJabros Properties, Inc., to Senior Citizens Services, Inc., dated
March 23, 1973, recorded in Public Records of Pinellas County, Florida, in O.R. Book 4009, Page 176.
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Transaction is exempt from payment of Documentary Stamps Tax under
Florida Statute Sections 201.01 and 201.24
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~IN~LLRS COUNTY rLR
Orr,R~C,BK 11788 ~G 1801
SUBJECT TO covenants, conditions, restrictions, reservations, limitations, easements and agreements of record, if any; taxes and
assessments for the year 2002 and subsequent years; and to all applicable zoning ordinances and/or restrictions and prohibitions
imposed by governmental authorities, if any.
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 except as above noted, 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,
Signature:
Print Na
State of Flo da
County of INELLAS
THE FOREGOING INSTRUMENT was sworn and acknowledged before me on JANUARY 14, 2002 by:
of CLEARWATER HOUSING AUTHORITY, a body corporate and public organized and existing un
of Florida, on behalf of the corporation.
He/She is personally known to me or who has produced a drivers license as identific
ROBERT AUDE
Notary Seal:
Notary Signature:
the laws of the state
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RONALD E.SOMERS
Notary Public, State Of Florida
My Commission Expires 11/7/02
Commission No. #CC782274
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RONALD E. SOMERS
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CITY OWNED PROPERTY
COUNTY IDENTIFIER: 15-29-15-16830-001-0240
ATLAS PAGE: 287A
LOCATION: 210 SOUTH EWING AVENUE
SHORT LEGAL: PART OF LOTS 9, 10, 11 & 24, AND ALL OF LOTS 25, 26,
27, 28, 29 & 30, TOGETHER WITH THE NORTH ~ OF VACATED
HAVEN ST. ADJACENT TO SAID LOT 30, ALL IN BLOCK "A"
OF COACHMAN HEIGHTS, ACCORDING TO THE PLAT THEREOF AS
RECORDED IN PLAT BOOK 20, PAGE 26, PINELLAS COUNTY
PUBLIC RECORDS.
DIMENSIONS/ACREAGE: 1.82 ACRES, MORE OR LESS
SURVEY: NO
BY: NA
DATE: NA
APPRAISAL: YES(2)
MARKET VALUE: (A) $1,220,000 & (B) $1,250,000
BY: (A) MITCHELL K. CALDWELL, MAI
(B) C. RICHARD TOBIAS, MAI
DATE: 06-21-00
DATE: 11-01-00
SPECIAL USE (IF ANY): ACQUIRED FOR CONSTRUCTION OF DOWNTOWN LAKE.
ZONING: "D" (DOWNTOWN)
SELLER: CLEARWATER HOUSING AUTHORITY
PURCHASE PRICE: $1,250,000
CLOSING COSTS: $6,321.00
APPROPRIATION CODE: 375-96125-560100-539-000
ACQUISITION DATE: JANUARY 14, 2002
TITLE INSURANCE: YES
TITLE UNDERWRITER: AMERICAN PIONEER TITLE INSURANCE COMPANY
POLICY NO. OP-9-1708-32
CLOSING AGENT/FILE NO.: 01120020
O.R. BOOK/PAGE (DEED): 11788 / 1600 (WARRANTY DEED - CORPORATE)
RESTRICTIONS/REVERTER: NONE
COMMENTS: PROPERTY PURCHASE INCLUDED APPROXIMATELY 44,000 FORMER
WINN DIXIE STORE THAT HOUSING AUTHORITY (CHA) HAD CONVERTED TO
EXECUTIVE OFFICES AND RENTAL SPACE FOR 5 NON-PROFITS. CITY PAID
INITIAL RELOCATION EXPENSES TOTALING APPROXIMATELY $14,600 IN
ADDITION TO PURCHASE PRICE.
COP: CLEARWATER HOUSING AUTHORITY PURCHASE 021502.doc
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OP-9
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which
arise by reason of:
1, la) Any law, ordinance or governmental regulation (including but not Iimrted 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 governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of
a defect, lien or encumbrance resu~ing 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 wrthout knowledge,
3, Defects, liens, encumbrances, adverse claims or other matters:
la) created, suffered, assumed or agreed to by the insured claimant;
(b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in wrrting to the Company
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) resu~ing in loss or damage which would not have been sustained rt 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:
(il 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.
1. DEFINmON OF TERMS
CONDmONS AND STIPULATIONS
4. DEFENSE AND PROSECUTION OF ACTIONS; DUTY OF INSURED CLAIMANT
TO COOPERATE
The following terms when used in this policy mean:
(a) "insured": the insured named in Schedule A, and, subject to any rights or
defenses the Company would have had against the named insured, those who
succeed to the interest of the named insured by operation of law as distinguished
from purchase including, but not limited to, heirs, distributees, devisees, survivors,
personal representatives, next of kin, or corporate or fiduciary successors,
(b) "insured claimant": an insured claiming loss or damage.
(c) "knowledge" or "known": actual knowledge, not constructivo 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
[AI, nor any right, trtie, interest, estate or easement in abutting streets, roads, avenues,
alleys, lanes, ways or waterways, but nothing herein shall modify or limit the extent
to which a right of access to and from the land is insured by this policy,
(e) "mortgage": mortgage, deed of trus~ trust deed, or other security instrument
(n "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 1 (a)(iv)
of the Exclusions From Coverage, "public records" shall also include environmental
protection liens filed in the records of the clerk of the United States district court
for the district in which the land is located,
(g) "unmarketability 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,
2. CONTINUATION OF INSURANCE AFTER CONVEYANCE OF TITLE
The coverage of this policy shall continue in force as of Date of Policy in favor
of an insured only 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
purchaser from the insured, or only so long as the insured shall have liability by
reason of covenants of warranty made by the insured in any transfer or conveyance
of the estate 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 Company promptly in writing (i) in case of any litigation
as set forth in Section 4(a) below, (ii) in case knowledge shall come to an insured
hereunder of any claim of title or interest which is adverse to the trtle to the estate
or interest, as insured, and which might cause loss or damage for which the Company
may be liable by virtue of this policy, or (iii) if title to the estate or interest, as
insured, is rejected as unmarketable. I! prompt notice shall not be given to the
Company, then as to the insured all liability of the Company shall terminate with
regard to the matter or matters for which prompt notice is required; provided, however,
that failure to notify the Company shall in no case prejudice the rights of any insured
under this policy unless the Company shall be prejudiced by the failure and then
only to the extent of the prejudice.
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(a) Upon written request by the insured and subject to the options contained
in Section 6 of these Conditions and Stipulations, the Company, at its own cost
and wrthout unreasonable delay, shall provide for the defense of an insured in
litigation in which any third party asserts a claim adverse to the trtle or interest
as insured, but only as to those stated causes of action alleging a defect, lien
or ,encumbrance or other matter insured against by this policy, The Company shall
have the right to select counsel of its choice (subject to the right of the insured
to object for reasonable 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 Company 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 Company shall have the righ~ 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 interes~ as insured, or to prevent
or reduce loss or damage to the insured. The Company may take any appropriate
action under the terms of this policy, whether or not rt shall be liable hereunder,
and shall not thereby concede liability or waive any provision of this policy. I! the
Company shall exercise its rights under this paragraph, rt shall do so diligently.
(c) Whenever the Company shall have brought an action or interposed a defense
as required or permitted by the provisions of this policy, the Company may pursue
any litigation to final determination by a court of competent jurisdiction and expressly
reserves the righ~ in its sole discretion, to appeal from any adverse judgment or
order.
(d) In all cases where this policy permits or requires the Company to prosecute
or provide for the defense of any action or proceeding, the insured shall secure
to the Company the right to so prosecute or provide defense in the action or
proceeding, and all appeals therein, and permrt the Company to use, at its option,
the name of the insured for this purpose. Whenever requested by the Company,
the insured, at the Company's expense, shall give the Company all reasonable
aid (i) in any action or proceeding, securing evidence, obtaining wrtnesses,
prosecuting or defending the action or proceeding, or effecting settlement, and (ii)
in any other lawful act which in the opinion of the Company may be necessary
or desirable to establish the title to the estate or interest as insured. I! the Company
is prejudiced by the failure of the insured to furnish the required cooperation, the
Company's obligations to the insured under the policy shall terminate, including
any liability or obligation to defend, prosecute, or continue any litigation, with regard
to the matter or matters requiring such cooperation,
5. PROOF OF LOSS OR DAMAGE
In addition to and after the notices required under Section 3 of these Condrtions
and Stipulations have been provided the Company, a proof of loss or damage
signed and sworn to by the insured claimant shall be furnished to the Company
wrthin 90 days after the insured claimant shall ascertain the facts giving rise to
the loss or damage, The proof of loss or damage shall describe the defect in,
or lien or encumbrance on the title, or other matter insured against by this policy
which constitutes the basis of loss or damage and shall state, to the extent possible,
the basis of calculating the amount of the loss or damage. I! the Company is prejudiced
by the failure of the insured claimant to provide the required proof of loss or damage,
the Company's obligations to the insured under the policy shall terminate, including
any liability or obligation to defend, prosecute, or continue any Irtigation, with regard
to the matter or matters requiring such proof of loss or damage,
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OWNER'S POLICY
Schedule A
State: FL County: PINELLAS
File Number
01120020
Policy Number
OP-9-1708-32
Effective Date
January 15, 2002
Effective Time Amount of Policy
4:36 PM $1,350,000.00
Commitment #:
Simultaneous #:
Reinsurance #:
1. Name of Insured:
CITY OF CLEARWATER, FLORIDA, a Municipal Corporation of the State of Florida
2. The estate or interest in the land described or referred to in this Schedule A and which is encumbered by
the insured mortgage is:
Fee Simple
3. The estate or interest referred to herein is at Date of Policy vested in the insured.
4. The land referred to herein is described as follows:
Parcel 1:
Part of Lots 9, 10, 11 and 24, and all of Lots 25, 26, 27, 28, 29 and 30, together with the
North 1/2 of vacated Haven Street adjacent to Lot 30 in Block "A" of Replat of Coachman
Heights, according to Plat Book 20, Page 26, Public Records of Pinellas County, Florida,
more particularly described as: A Part of Block "A" Replat of Coachman Heights, a
Subdivision according to the plat thereof as recorded in Plat Book 20, Page 26, Public
Records of Pinellas County, Florida; and a part of the North 1/2 of vacated Haven Street,
being more particularly described as follows: Commence at the NW corner of Block "C"
of said Coachman Heights; thence N 0052'40" W, along the East Right-of-Way line of
Prospect Avenue, 250.00 feet; thence S 89047'30" E, 211.70 feet to the POINT OF
BEGINNING; thence n 01023'48" W, 106.26 feet; thence N 89010'06" E, 227.55 feet to the
West Right-of-Way line of Ewing Avenue; thence S 01002'14" E, along said West
Right-of-Way line 338.79 feet to the centerline of vacated Haven Street; thence West along
the centerline of Haven Street 221.22 feet; thence N 01002'14" W, 229.22 feet; thence N
89047'30" W, 5.70 feet to the POINT OF BEGINNING;
TOGETHER WITH all right, title and interest in and to that certain perpetual and exclusive
easement over, through, across and under the Westerly fiteen (15) feet of Lots 11, 12, 13
and 14 in BIQck "C" of the Replat of Coachman Heights, as recorded in Plat Book 20, Page
26, Public Recods of Pinellasi County, Florida, and extending Northwardly through the
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South 1/2 of vacated Haven Street as reserved in the Warranty Deed from Dabros
Properties, Inc., to Senior Citizens Services, Inc., dated March 23, 1973, recorded in Public
Records of Pinellas County, Florida, in O.R. Book 4009, Page 176.
coC~~atory
Issued By: 1875* 01120020
Somers Title Company
1290 COURT STREET
CLEARWATER, FL
33756
Note: This Policy consists of insert pages labeled Schedule A and B. This policy is of no force and effect unless all pages are included along with any
added pages incorporated by reference,
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OWNER'S POLICY
AND
Parcel 2:
Lot 3, Block "H", AVONDALE, according to the map or plat thereof as recorded in Plat
Book 7, Page 40, Public Records of Pinellas County, Flroida.
Policy #: OP-9-1708-32
2
File #: 01120020
Note: This Policy consists of insert pages labeled Schedule A and B. This policy is of no force and effect unless all pages are included along with any
added pages incorporated by reference,
4 ~~
OWNER'S POLICY
Schedule B
This policy does not insure against loss or damage by reason of the following exceptions:
1. Taxes for the year 2002, and thereafter and/or special assessments, if any, not recorded in the
public records.
As to Parcel 1:
2. Easement in favor of FLORIDA POWER CORPORATION recorded in O.R. Book 741, Page 643,
Public Records of Pinellas County, Florida.
3. Easement in favor of FLORIDA POWER CORPORATION recorded in O.R. Book 741, Page 648,
Public Records of Pinellas County, Florida.
4. Subject to Reciprocal Drainage Easement recorded in O.R. Book 5422, Page 1176 through 1178,
Public Records of Pinellas County, Florida.
5. Subject to FLORIDA POWER CORPORATION easement recorded in O.R. Book 5838, Page 1355,
Public Records of Pinellas County, Florida.
6. Subject to Reservations as shown in document recorded in O.R. Book 5360, Page 1504, Public
Records of Pinellas County, Florida.
7. Subject to Assignment of Rent and Leases recorded in O.R. Book 4871, Page 1714, Public
Records of Pinellas County, Florida.
8. Subject to Assignment of Rent and Leases recorded in O.R. Book 4871, Page 1718, Public
Records of Pinellas County, Florida.
As to Parcel 2:
9. Subject to a twenty (20) foot building line to the Southeasterly lot line as shown on plat recorded
in Plat Book 7, Page 40, ofthe Public Records of Pinellas County, Florida.
Policy #: OP-9-1708-32
3
File #: 01120020
Note: This Policy consists of insert pages labeled Schedule A and B, This policy is of no force and effect unless all pages are included along with any
added pages incorporated by reference.
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CONDmONS AND STIPULATIONS - CONTINUED
In addition, the insured claimant may reasonably be required to submit to 9. LIMITATION OF LIABILITY
examination under oath by any authorized representative of the Company and shall
produce for examination, inspection and copying, at such reasonable times and
places as may be designated by any authorized representative of the Company,
all records, books, ledgers, checks, correspondence and memoranda, whether
bearing a dale before or after Date of Policy, which reasonably pertain to the loss
or damage. Further, if requested by any authorized representative of the Company,
the insured claimant shall grant its permission, in writing, for any authorized
representative of the Company to examine, inspect and copy all records, books,
iedgers, checks, correspondence and memoranda in the custody or control of a
third party, which reasonably pertain to the loss or damage, All information designated
as confidentiai by the insured claimant provided to the Company pursuant to this
Section shall not be disclosed to others unless, in the reasonable judgment of the
Company, it is necessary in the administration of the claim. Failure of the insured
claimant to submit for examination under oath, produce other reasonably requested
information or grant permission to secure reasonably necessary information from
third parties as required in this paragraph shall terminate any liability of the Company
under this policy as to that claim,
6. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS; TERMINAOON OF
LIABILITY
In case of a claim under this policy, the Company shall have the following additional
options:
(a) To Payor Tender Payment of the Amount of Insurance,
To payor tender payment of the amount of insurance under this policy together
with any costs, attomeys' fees and expenses incurred by the insured claimant,
which were authorized by the Company, up to the time of payment or tender of
payment and which the Company is obligated to pay.
Upon the exercise by the Company of this option, all liability and obligations
to the insured under this policy, other than to make the payment required, shall
terminate, including any liability or obligation to defend, prosecute, or continue any
litigation, and the policy shall be surrendered to the Company for cancellation.
(b) To Payor Otherwise Settle With Parties Other than the Insured or With the
Insured Claimant
(i) to payor otherwise settle with other parties for or in the name of an insured
claimant any claim insured against under this policy, together with any costs,
attorneys' fees and expenses incurred by the insured claimant which were authorized
by the Company up to the time of payment and which the Company is obligated
to pay; or
(ii) to payor otherwise settle with the insured claimant the loss or damage
provided for under this policy, together with any costs, attorneys' fees and expenses
incurred by the insured claimant which were authorized by the Company up to
the time of payment and which the Company is obligated to pay,
Upon the exercise by the Company of either of the options provided for in
paragraphs (b)(i) or (ii), the Company's obligations to the insured under this policy
for the claimed loss or damage, other than the payments required to be made,
shall terminate, including any liability or obligation to defend, prosecute or continue
any litigation.
7. DETERMINATION, EXTENT OF LIABILITY AND COINSURANCE
This policy is a contract of indemnity against actual monetary loss or damage
sustained or incurred by the insured cla:mant who has suffered loss or damage
by reason of matters insured against by this policy and only to the extent herein
described,
(a) The liability of the Company under this policy shall not exceed the least of:
(i) the Amount of Insurance stated in Schedule A; or,
(ii) the difference between the value of the insured estate or interest as insured
and the value of the insured estate or interest subject to the defect, lien or
encumbrance insured against by this policy,
(b) (This paragraph dealing with Coinsurance was removed from Florida policies.)
(c) The Company 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 [A] consists of two or more parcels which
are not used as a single site, and a loss is established affecting one or more
of the parcels but not all, the loss shall be computed and settled on a pro rata
basis as 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 Company and the insured
at the time of the issuance of this policy and shown by an express statement
or by an endorsement attached to this policy.
(a) ~ the Company establishes the titie, or removes the alleged defect, lien or
encumbrance, or cures the lack of a right of access to or from the land, or cures
the claim of unmarketability of lilte, all as insured, in a reasonably diligent manner
by any method, including litigation and the completion of any appeals therefrom,
it shall have fully performed its obligations with respect to that matter and shall
not be liable for any loss or damage caused thereby.
(b) In the event of any litigation, including litigation by the Company or with the
Company's consen~ the Company shall have no liability for loss or damage until
there has been a final determination by a court of competent jurisdiction, and
disposition of all appeals therefrom, adverse to the titie as insured,
(c) The Company shall not be liable for loss or damage to any insured for liability
voluntarily assumed by the insured in settling any claim or suit without the prior
written consent of the Company.
10. REDUCTION OF INSURANCE; REDUCTION OR TERMINATION OF LIABILITY
All payments under this policy, except payments made for costs, attorneys' fees
and expenses, shall reduce the amount of the insurance pro tanto.
11. UABILITY NONCUMULATIVE
~ is expressly understood that the amount of insurance under this policy shall
be reduCed by any amount the Company may pay under any policy insuring
a mortgage to which exception is taken in Schedule B or to which the insured
has agreed, assumed, or taken subject, or which is hereafter executed by an
insured and which is a charge or lien on the estate or interest described or referred
to in Schedule A, and the amount so paid shall be deemed a payment under
this policy to the insured owner.
12. PAYMENT OF LOSS
(a) No payment shall be made without producing this policy for endorsement
of the payment unless the policy has been lost or destroyed, in which case proof
of loss or destruction shall be furnished to the satisfaction of the Company.
(b) When liability and the extent of loss or damage has been definitely fixed
in accordance with these Conditions and Stipulations, the loss or damage shall
be payable within 30 days thereafter.
13. SUBROGAOON UPON PAYMENT OR SETTLEMENT
(a) The Company's Right of Subrogation.
Whenever the Company shall have settled and paid a claim under this policy,
all right of subrogation shall vest in the Company unaffected by any act of the
insured claimant
The Company shall be subrogated to and be enlilted to all rights and remedies
which the insured claimant would have had against any person or property in
respect to the claim had this policy not been issued, If requested by the Company,
the insured claimant shall transfer to the Company all rights and remedies against
any person or property necessary in order to perfect this right of subrogation.
The insured claimant shall permit the Company to sue, compromise or settle in
the name of the insured claimant and to use the name of the insured claimant
in any transaction or litigation involving these rights or remedies,
If a payment on account of a claim does not fully cover the loss of the insured
claimant, the Company shall be subrogated to these rights and remedies in the
proportion which the Company's payment bears to the whole amount of the loss,
~ loss should resuij from any act of the insured claiman~ as stated above,
that act shall not void this policy. but the Company, in that even~ shall be required
to pay only that part of any losses insured against by this policy which shall
exceed the amount, if any, lost to the Company by reason of the impairment
by the insured claimant of the Company's righ! of subrogation.
(b) The Company's Rights Against Non-insured Obligors,
The Company's right of subrogation against non-insured obligors shall exist
and shall include, without limitation, the rights of the insured to indemnities,
guaranties, other policies of insurance or bonds, notwithstanding any terms or
conditions contained in those instruments which provide for subrogation rights
by reason of this policy.
14. ARBITRATION
(This paragraph was modified for Florida policies.)
Unless prohibited by applicable law, arbitration pulSUant to the Title Insurance
Arbitration Rules of the American Arbitration Association may be demanded if
agreed to by both Company and the insured, Arbitrable matters may include,
but are not limited to, any controversy or claim between Company and the insured
arising out of or relating to this policy, and service of Company in connection
with its issuance or the breach of a policy provision or other obligation. Arbilration
pursuant to this policy and under the Rules in effect on the date the demand
for arbilration is made or, at the option of the insured, the Rules in effect at Date
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(Printed on Jan 10, 200Z @ 14:26)
A.
US Department of Housing and Urban Development
SETTLEMENT STATEMENT
OMB No, 2502-0265
R, ~vnp nf T ,mm
J. [] FHA 2. [] FmHA 3. [] Cony, Unins.
4, f 1 VA 5. r 1- Cony, Ins.
I
6. File Number:
01120020
I
7. Loan Number:
I
8, Mortl!al!e Ins. Case #:
C. NOTE: This fonn ,is furnished to give you a statement of actual settlement costs. Amounts paid to and by the settlement agent are shown, Items marked 'POCO were paid outside the closing: they are shown here for information
...-... ., ,
D. NAME AND ADDRESS OF BORROWER:
CITY OF CLEARWATER, FLORIDA P. O. BOX 4748 CLEARWATER, FL 33758-4748
E. NAME AND ADDRESS OF SELLER:
CLEARWATER HOUSING AUTHORITY 210 SOUTH EWING A VENUE CLEARWATER, FL 33756
F. NAME AND ADDRESS OF LENDER:
G. PROPERTY LOCATION:
210 FWTNG AVENUE CLEARWATER, FL 33756 .'/\,: '
~'1620 .ENGMAN STREET, CLEARWATER, r'L 3375? .." ',', _ __
H. SETTLEMENT AGENT: -------rPLACE OF SETTLEMENT:
Somers Title Company 727-441-1088 Contact: MARIANNE I 819 COURT STREET CLEARWATER, FL 33756
SCHAFFER
I. SETTLEMENT DATE: I DISBURSEMENT DATE:
JANUARY 14, 2002 JANUARY 14,2002
I J. SUMMARY OF BORROWERlS) TRANSACTION
100. GROSS AMOUNT DUE FROM BORROWER:
I K. SUMMARY OF SELLERlS) TRANSACTION
400. GROSS AMOUNT DUE TO SELLER :
101. Contract sales orice 1 250,000.00 401. Contract sales orice 1.250.000.00
102, Personal Property 402, Personal Property
103, Settlement charl!es to borrower (line 1400) 6,331,50 403.
104. 404.
105. 405.
Adiustments for items naid bv Seller in adyance Adiustments for items naid bv Seller in advance
106, City/town taxes 406. City/town taxes
107, County taxes 407. County taxes
108. Assessments 408, Assessments
109. 409.
110, 410.
111. 411.
112, 412.
120. Gross Amount Due From Borrower 1.256.331.50 420. Gross Amount Due Seller 1 250.000.00
200. AMOUNTS PAID BY OR IN BEHALF OF BORROWER:
500. REDUCTIONS IN AMOUNT DUE TO SELLER :
201. Deoosit or earnest money 501. Excess deoosit (see instructions)
202, Princioal amount of new loan(s) 502, Settlement charges to seller (line 1400)
203. Existing loan(s) taken subiect to 503. Existinl! ]oan(s) taken subiect to
204, 504, Payoff of first mortl!age loan
205, 505. Payoff of second mortgage loan
206, 506.
207, 507.
208, 508.
209, 509,
Adjustments for items unpaid by Seller in adyance Adjustments for items unpaid by Seller in advance
210. City/town taxes 510, City/town taxes
211. County taxes 511, County taxes
212, Assessments 512. Assessments
213. 513,
214. 514,
215, 515,
216. I 516.
217. 517.
218. 518.
219. 519.
220. Total Paid Bv/For Borrower 520. Total Reduction Amount Due Seller
1 250 000.00
1 256331.50
1 250 000.00
SUBSTITUTION FORM 1099 SELLER STATEMENT: The information contained in Blocks E,G,Hand I on line 401 (or if 401 is asterisked, line 403 and 404) is
important tax information and is being furnished to the Internal Revenue Service, If you are required to file a return, a negligence penalty or other sanction will be
imposed on you if this item is required to be reported and the IRS determines that it has not been reported.
SELLER, you are required by law to provide the settlement agent with your correct taxpayer identification number. If you do not provide the settlement agent with
your correct taxpayer identification number, you may be SUbject to civil or criminal penalties imposed by law,
Under penalties of perjury, I certify that the number shown on this statement is my correct taxpayer identification number,
Seller(s):
CLEARWATER HOUSING AUTHORITY
. ~-" ,~v, -- .'_ 0 ' "'-~I
- - ~ -t-. ......-. ~ .
SETTLEMENT CHARGES
L.
700, Total Sales/Broker's Commission based on price Paid from Paid from
Borrower's Seller's
70 L Listing Realtor Commission Funds at Funds at
702, Selling Realtor Commission Settlement Settlement
703, Commission paid at Settlement
704.
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,
808,
809,
810,
900. ITEMS REOUlRED BY LENDER TO BE PAID IN ADVANCE
901. Interest from
902. Mortl!al!e Insurance Premium for
903. Hazard Insurance Premium for
904.
905,
1000. RESERVES DEPOSITED WITH LENDER
1001. Hazard insurance
1002. Mortgage insurance
1003. City property taxes
1004. County Property taxes
1005. Annual assessments
1006,
1007,
1008. Aggregate Accountinl! Adjustment
1100. TITLE CHARGES
1101. Settlement or closing fee To: SOMERS TITLE COMPANY 100.00
1102, Abstract or title search2 PARCELS To: SOMERS TITLE COMPANY 150.00
1103, Title examination To: SOMERS TITLE COMPANY 100.00
1104. Title insurance binder
1105. Document preparation
1106, Attorney's Fees
1107. FL Risk Rate
(Includes above item numbers: )
1108. Title Insurance To: Somers Title Company 5,950.00
(Includes above item numbers: )
1109. Lender's coverage@
1110. Owner's coveragel,350,000.00@ 5,950.00
1111.
1112,
1113,
1200. GOVERNMENT RECORDING AND TRANSFER CHARGES
1201. Recordinl! fees: Deed $0,00 Mortl!al!e $0,00 Releases $0,00 To: Clerk of the Court 21.00
1202. City/county tax/stamps:
1203, State tax/stamps:
1204, RECORD SIM To: Clerk of the Court 10,50
1205. I
1300. ADDITIONAL SETTLEMENT CHARGES
1301. Survey
1302, Pest inspection
1303,
1304,
1305,
The HUD-l Settlement Statement which I have prepared is a true and accurate account of th
sta me
unds to be disbursed in accordance with this
1/14/02
Date
orated based on taxes for the year. Any re-proration will be handled between the buyer and seller. All utility bills (water, sewer, electric, cable and maintenance
will be paid upon receipt of final bills.
NG: It is a e to knowingly make false statements to the United States on this or any other similar form, Penalties upon conviction can include a fine or imprisonment. For details
itle 18 U.S, Code Section 1001 and Section 1010.
.
CONTRACT FOR PURCHASE OF REAL PROPERTY
BY
THE CITY OF CLEARWATER, FLORIDA
PARTIES: CLEARWATER HOUSING AUTHORITY, a non-profit corporate body and politic pursuant to
Chapter 421, Florida Statutes (herein "Seller"), of 210 South Ewing Avenue, Clearwater, Florida 33756
Phone: (727) 461-5777, 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 34618-4748,
ATTENTION: City Attorney, Phone: (813) 562-4010 (collectively "Parties") hereby agree that the Seller
shall sell and Buyer shall buy the following real property ("Real Property") and personal property
("Personalty") (collectively "Property") upon the following terms and conditions.
THE "EFFECTIVE DATE" OF THIS CONTRACT IS THE DATE OF EXECUTION BY DULY
AUTHORIZED CITY OFFICIALS. TIME IS OF THE ESSENCE IN THIS CONTRACT. Time
periods of 5 days or less shall be computed without including Saturday, Sunday, or
national legal holidays and any time period ending on a Saturday, Sunday or national
legal holiday shall be extended until 5:00 P.M. of the next business day.
1. PROPERTY DESCRIPTION (Parcel 1): Part of Lots 9,10,11 and 24, and all of Lots 25, 26, 27, 28, 29
and 30, together with the North % of vacated Haven Street adjacent to said Lot 30, all in Block A of Replat
of COACHMAN HEIGHTS, according to Plat Book 20, Page 26, of the Public Records of Pinellas County,
Florida, more particularly described as: A part of Block A, Replat of COACHMAN HEIGHTS, a subdivision
according to the plat thereof as recorded in Plat Book 20, Page 26, of the Public Records of Pinellas
County, Florida; and a part of the North % of vacated Haven Street, being more particularly described as
follows:
Commence at the Northwest corner of Block C of said Coachman Heights; thence North 00052'40" West
along the East right of way line of Prospect Avenue, 250.00 feet; thence South 89047'30" East, 211.70 feet
to the POINT OF BEGINNING; thence North 01023'48" West, 106.26 feet; thence North 89010'06" East,
227.55 feet to the West right of way line of Ewing Avenue; thence South 01002'14" East along said West
right of way line, 338.79 feet to the centerline of vacated Haven Street; thence West along the centerline
of said Haven Street, 221.22 feet; thence North 01002'14" West, 229.22 feet; thence North 89047'30" West,
5.70 feet to the POINT OF BEGINNING. ADDRESS: 210 Ewing Avenue, Clearwater, Florida 33756
TOGETHER WITH (Parcel 2): Lot 3, Block H, AVONDALE SUBDIVISION, as recorded in Plat Book 7,
Page 40, Public Records of Pinellas County, Florida. ADDRESS: 1620 Fulton St. Clearwater, Florida 33755
PERSONALTY: NONE BEING PURCHASED. Any Personalty remaining upon the premises at
time of Closing is considered to be of no value, and is left by mutual agreement of the parties as
a convenience to Seller.
2. FULL PURCHASE PRICE ------------------------------------------------------------------ $ 1,250,000 00 and
lien satisfaction as provided in Section 4(b) hereafter.
Page 1 of 10
,~
3. MANNER OF PAYMENT:
City of Clearwater check in U. S. funds at time of closing
(su bject to cred its, prorations )--------------------------------------------------------------------------- $ 1 ,250.000.00
4. DETERMINATION OF PURCHASE PRICE
a. (Parcel 1) . The Full Purchase Price as shown herein represents the current market value of the
subject property as determined by two complete appraisals: a) A current market value appraisal
performed by K. Mitchell Caldwell, MAlon June 21, 2000, valuing the fee simple interest in the
subject property at $1,220,000 as of said date, and b) a market value appraisal performed by C.
Richard Tobias, MAl, of Valuation Services, Inc., performed November 1, 2000 valuing the fee
simple interest at $1,250,000. The 2.5% variance is not considered significant; therefore the higher
of the two valuations is shown.
b. (Parcel 2). A current market value appraisal of the subject property was performed by Fogarty &
Finch, Inc. on July 17, 2001, valuing the fee simple interest at $125,000. Seller agrees to convey
marketable title to subject property at closing in consideration of Buyer satisfying that certain
Mortgage Deed & Promissory Note encumbering Parcel 1 in the original sum of $100,000 as
recorded in O. R. Book 5978, Pages 1759-1761, Public Records of Pinellas County, Florida.
Seller warrants subject property shall be vacant at closing and that no other parties are in
occupancy other than Seller.
5. TIME FOR ACCEPTANCE: APPROVALS
Seller covenants that the price, terms and conditions as contained herein shall remain unchanged and
be held unconditionally open for a period of 45 days following delivery of signed duplicate originals to
Earl Barrett, Real Estate Services Manager, in the Public Works Department 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 Buyer within 10 days thereafter. If the Commission upon initial
presentation rejects this contract, this contract shall be null and void in all respects and Buyer shall be
so informed in writing within 5 days of such action.
6. TITLE
Seller warrants legal capacity to and shall convey marketable title to the Property by Statutory
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. Personalty shall, at Buyer request, be transferred by an absolute bill of sale with warranty
of title, subject only to such matters as may be otherwise provided herein.
Page 2 of 10
#J
7. TITLE EVIDENCE
Buyer, at Buyer option and expense no later than five (5) days prior to closing date, shall have the
privilege of obtaining 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). Notwithstanding any
provision herein to the contrary, 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 therefore,
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 Chapter 61G17-6, Florida Administrative
Code and may include a description of the property under the Florida Coordinate System as defined in
Chapter 117, Florida Statutes.
9. CLOSING PLACE AND DATE
Buyer 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 January 15, 2002, unless extended
by other provisions of this contract. If either party is unable to comply with any provision of this contract
within the time allowed, and be prepared to close as set forth above, after making all reasonable and
diligent efforts to comply, then upon giving written notice to the other party, time of closing may be
extended up to 15.....days without effect upon any other term, covenant or condition contained in this
contract.
10. CLOSING DOCUMENTS
Seller shall furnish deeds, closing statements, bills of sale (if applicable), mechanic's lien affidavits,
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 to the requirements of local law.
Page 3 of 10
AO
11. CLOSING EXPENSES
The Seller, unless this transaction is exempt under Chapter 201.24, Florida Statutes, shall pay
documentary stamps on the deed conveying Parcel 1; Buyer shall pay documentary stamps on deed
conveying Parcel 2. Seller shall also pay the costs of recording any corrective instruments. Buyer shall
pay recordation of the deeds.
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 all personal property taxes due for year of sale, 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 of either of the Parcels to be conveyed other
than the Seller, and those organizations in occupancy of Parcel 1 disclosed hereafter in ADDENDUM
"A". Seller and all tenants disclosed in ADDENDUM "A" shall have the privilege of continuing to remain
in occupancy of the subject property for up to but not more than 15 days following closing ("holdover
period") subject to and bound by the following conditions:
a) During the holdover period Seller shall save and hold harmless the City, its successors and
assigns, from any and all liability arising during the holdover period from injury to person or
property occasioned wholly or in part by any negligent act or omission of the Seller, or
Seller's tenants, agents, servants and employees in any use of the subject property.
b) During the holdover period Seller shall maintain at Seller's sole cost and expense, a
Comprehensive General Liability Policy and Fire Insurance Policy covering activities of
Seller, its tenants, agents, servants and employees occurring on or within the subject
property. The Comprehensive General Liability Insurance shall have minimum coverage
limits of $1,000,000 with respect to personal injury or death to anyone person and with
respect to personal injury or death arising out of anyone occurrence; and $500,000 with
respect to property damage arising out of anyone occurrence. Further, Seller shall keep
insured the building against loss or damage by fire and windstorm and other covered
casualties with what is generally termed in the insurance trade as "extended coverage". Said
insurance shall be maintained in an amount equal to the full insurable value of the building.
All policies required herein shall be carried by companies licensed to conduct business in the
State of Florida. Each policy required herein shall name the City as additional named
insured. The coverage shall contain no special limitations on the scope of the protection
afforded to the City, its officials, employees or volunteers.
Page 4 of 10
/~
14. LEASES/RENTAL AGREEMENTS
Seller shall, subject to Relocation Provisions stipulated in ADDENDUM "A", terminate all tenancies of
every nature not later than 15 days prior to closing and shall deliver the property to Buyer completely
vacated at time of closing. Buyer shall have no liability whatsoever to any tenant or Seller in connection
with any lease, rental agreement, representation or verbal understanding between Seller and any
tenant. Seller shall deliver Property completely vacated at closing, and in "broom clean" condition.
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 as disclosed herein in Paragraph 22 ("SELLER WARRANTIES")
and marketability of title. Buyer's covenant to purchase the Property "as is" is more specifically
represented in either subparagraph a. or b. as marked [X].
a. [ ] As Is: Buyer has inspected the Property or waives any right to inspect and accepts the
Property in its present "as is" condition.
b. [X] As Is With Right of Inspection: Buyer may, at Buyer expense and within ..AS... days from
Effective Date ("Inspection Period"), conduct 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 that 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 Paragraph 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, and agrees to indemnify and hold harmless Seller, it's agents, employees,
contractors, and representatives from any and all claims, losses, damages, costs or expenses incurred
Page 5 of 10
Ad
by Seller and arising from, out of or in connection with or related to such acts of Buyer, its agents,
employees, contractors and representatives during inspections and investigations described in
Paragraph 15 that cause any injury to persons or damage to the Property.
18. SELLER CONTINGENCIES
Notwithstanding any other provisions of this Agreement, Seller's obligation to convey the Property
shall be subject to the following conditions:
a. No Misleading Statements. All representations and warranties of Buyer contained in this
Agreement or in any exhibit, certificate, document and information furnished to Seller pursuant
hereto, shall be true, correct, complete and accurate, and shall not be misleading, in all material
respects, as of the Execution Date and at all times until the Closing Date.
b. Performance. Buyer shall have performed, satisfied and complied with all covenants,
agreements and conditions required by this Agreement to be performed, satisfied or complied
with by Buyer on or before Closing Date.
c. Delivery. Buyer shall have delivered all items required to be so delivered hereunder, including,
without limitation, Buyer satisfaction of mortgage lien more particularly described in Section
4(b), and Buyer's tender of the Purchase Price as provided in Section 3 at Closing; and,
d. No Challenge. The transactions contemplated hereby shall not have been enjoined by any
court or by any federal or state governmental branch, agency, commission or regulatory
authority, and no suit or other proceeding challenging the transactions contemplated hereby
shall have been threatened or instituted and no investigative or other demand shall have been
made by any federal or state governmental branch, agency, commission or authority.
19. PROCEEDS OF SALE; CLOSING PROCEDURE
The deeds 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
to 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 pursuantto Section 627.7841, F.S. (1987), as amended.
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20. 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 hereby represents and warrants to Buyer that:
a. Except as otherwise provided herein, Seller makes no warranties or representations regarding
the Property, and Buyer shall accept the Property "AS IS";
b. To the best of Seller's knowledge, Seller is aware of no environmental defects associated with
the Property, and, with respect to the Property, Seller has received no notice of violation or
notice of suspected violation of any environmental law or regulation as of the date of execution
of this Agreement; and,
C. Seller is not making any statements about whether there is any Hazardous Material on, under,
or near the Property (for purposes of this Agreement, the term "Hazardous Material" is defined
as any hazardous or toxic substance, material, or waste, including without limitation, those
substances, materials, and wastes listed in the United States Environmental Protection
Agency as hazardous substances (40 CFR Part 302) and amendments thereto, or such
substances, materials, and wastes regulated under any applicable local, state, or federal law.
Buyer shall have the number of days granted in Paragraph 15(b) above ("Property Condition") to
investigate said matters as disclosed by Seller, and shall notify Seller in writing whether Buyer will close
on this contract notwithstanding said matters, or whether the 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 NOTIFICATION
In accordance with provisions of Section 404.056(5), Florida Statutes (2001), as amended, Buyer is
hereby informed as follows:
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 public health unit.
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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, certified or registered, 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.
Notice sent to Seller shall be sent to:
With a copy to:
Clearwater Housing Authority
Attention: Executive Director
210 Ewing Avenue
P. O. Box 960
Clearwater, Florida 33757
Fax: 727-446-3462
Scott A. Forman, Esq.
Vernis and Bowling, P. A.
1680 NE 135th Street
North Miami, Florida 33181
Fax: 305-892-1260
Notices sent to Buyer shall be sent to:
City of Clearwater
Attn: City Attorney
112 South Osceola Avenue
PO. Box 4748
Clearwater, Florida 33758-4748
Fax: 727-562-4021
Either party hereto may change the address to which notices may be sent by giving notice of such
change in accordance with the provisions of this Section.
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.
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/j.)
27. TYPEWRITTEN OR HANDWRITTEN PROVISIONS
Typewritten or handwritten provisions shall control all printed provisions of contract in conflict with
them.
28. NO BROKER
Seller and Buyer represent and agree they have dealt with no Broker or finder in connection with the
transactions contemplated hereby. Seller and Buyer further agree to indemnify the other from any
damage, liability or expense either may suffer as a result of any claim of a Broker or finder with whom it
is determined that the other party has dealt with in contravention of this agreement; except, however,
that total City obligations under this provision shall be subject to the limits and restrictions of the Florida
sovereign immunity statute, F.S. 768.28.
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.
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. SPECIAL CLAUSES
ADDENDUM itA 11 (TENANT PROVISIONS) contains special clauses that constitute agreements
and covenants between the parties and is attached to and made a part of this contract. When
any special clause in the Addenda conflict with any provision contained elsewhere in this contract, then
the special clause shall govern.
33. 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.
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THIS IS INTENDED TO BE A LEGALLY BINDING CONTRACT. IF NOT FULLY
UNDERSTOOD, SEEK THE ADVICE OF AN APPROPRIATE PROFESSIONAL FOR LEGAL,
TAX, ENVIRONMENTAL AND OTHER SPECIALIZED ADVICE PRIOR TO SIGNING.
Date:
Seller: CLEARWATER HOUSING AUTHORI
I'J" OCTO I3E R..... . . 2001 By: I I4k
~obert J. Aude, Chairman
Attest:
Corporate Tax I. D. No:
59-1399006
APPROVED AND ACCEPTED this
day of ,2001 ("Effective Date")
Countersigned:
Buyer: CITY OF CLEARWATER, FLORIDA
BY:~__ ~. ~kA-- T
William B. Horne, II, City Manager
Approved as to form:
ATTEST:
~e I?z"" I~
Assistant City Attorney
.K /+ ~ ~
ynthia~:,.Goudeau, City Clerk
--
CHA Ewing-Fulton Purchases 1001.ewb
Page 10 of 10
[f)
ADDENDUM "A"
TO THAT CERTAIN CONTRACT FOR PURCHASE OF REAL PROPERTY
dated , 2001 ("Contract") by and between the
City of Clearwater, Florida ("City") and Clearwater Housing Authority ("CHA")
regarding real property legally described as being a portion of COACHMAN
HEIGHTS REVISED SUB., as more particularly described in said contract
("Property"), to wit:
Tenant Provisions
1. CHA covenants with the City that the following organizations are currently
tenants of CHA and in occupancy of their respective portions of the subject
property. All tenancies are documented in annually renewable leases with 30 day
termination provisions:
· Reliaious Community Services Food Pantry & Furniture Storaae ("RCS'?
. SSPARC Value Retail Store ("SSPARC'?
. Partners in self-sufficiencv ("PSS'?
· AARP Foundation / SCSEP ("AARP'?
2. The City covenants and agrees with CHA to provide moving and
relocation expenses to CHA and its aforementioned tenants in the following
manner:
a. (i) The City shall provide funding assistance to the CHA, AARP and PSS to
move and relocate their respective offices from the Property to another facility (the
"Relocation Facility") prior to the Closing Date. The City agrees to promptly pay to
said organizations any and all expenses associated with their respective moves
and relocation up to the cumulative maximum sum of Forty One Thousand and
00/100 Dollars ($41,000.00). Said organizations shall provide the City with
estimates of all qualifying moving and relocation expenses no later than thirty (30)
days prior to the date(s) of relocation. Estimates for any labor and/or materials, or
any other qualifying expense exceeding, individually, the amount of $500.00 shall
be supported and documented by three (3) separate written estimates from
qualified venders.
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(ii) In the event that CHA, in its sole discretion, determines it reasonably
necessary for CHA, AARP and PSS to move from the Relocation Facility and
relocate their respective offices for a second time within one year of the closing
date, the City shall again provide additional funding assistance to the CHA. AARP
and PSS up to an additional cumulative maximum sum of Forty One Thousand and
00/100 Dollars ($41,000.00) upon the same conditions described in ,-ra. (i) above.
b. The City shall provide funding assistance to RCS and SSPARC to move
and relocate their respective offices from the Property prior to the Closing Date.
The City agrees to promptly pay said organizations any and all expenses
associated with their respective moves and relocation up to the sum of Ten
Thousand and 00/100 Dollars ($10,000.00) to each organization. Said
organizations shall provide the City with estimates of all qualifying moving and
relocation expenses no later than thirty (30) days prior to the date(s) of relocation.
Estimates for any labor and/or materials, or any other qualifying expense
exceeding, individually, the amount of $500.00 shall be supported and documented
by three (3) written estimates from qualified vendors.
Initialed (CHA) fihr: ·
By f(. AUDe-
Title auAI~mAN
Initialed (City) ~
By /JIII'Am~. {Jo~JL
Title e'ir JIt~eb
Attest:
~:.:.- ,.~,' ./lPL(I~-;u ~
Cynt" ~ -Goudeau '-"-"'f
City-Cl.erk; CitY af Clearwater
if
.... ~ .. . .. v
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