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310 MISSOURI INC '1:9RM 1124 FLORIDA Warranry Deed (From a Corp.) ~t)~:. >(. .. 811. 69799 Y"!iI TUTBLANX REGISTERED U. S. PAT. OFFICE ~', -.:J TUTTLE LAW PRINT, PUBLISHERS, RUTLAND, VT. 0570 1 ~ J a.H. 5 2 5 8 PAGE 20 2 4 hig I1nbtnlutr~ /~ ,to Made this day of August , .11. D, 1981 Where1.1t!r l'-Sed herein, the term "party" shall include the heirs, personal repre861l.tGtiVB8, successors and / or aa8i~n8 of the respective parties hereto; the use of the sinlUlar number sh.aU include 1M plural, and 1M plural 1M singular; the USe of any gender shaU include all 4enders. ittwttu 310 MISSOURI, INC., a corporation existing under the laws of the State of Florida having its principal place of business in the County of P inellas, State of F lor ida, party of the first part, and CITY OF , and CLEARWATER, FLORIDA, PO Box 4748 , Clearwater of the County of Pinellas, and State of Florida, 33518 party of the secon.d part, IJUur!llirtb that the said party of the first part, for and in consideration of the sum of Ten D~llars and other valuable consideration -----_ Dollars, to it in hand paid by the said party of the second part, the receipt whereof is hereby acknowledged, has granted, bargained and sold to the said party of the second part forever, the following described land, situate, lying and being in the County of P inellas , State of Florida, to wit: ~:;:. ...J The West 20 feet of Lot 1, of a Re-subdivision of Lot 5 of R. H. PADGETTS SUBDIVISION, according to the map or plat thereof as recorded in Plat Book 4, page 32, public records of Pinellas County, Florida. 01 CaS~ll~ r,,.,r-lTm,,,.,h'V 'r,1\! J'd.'f,...1 $~,~ ,t;J,. 40 Rec ~ , c) tJ . ,...-rA^ ~~,. ,'''''"", '''''' ii. ",<1,,( ,',I, 41 DS/~ :'i!(~~' ....",:;':"i.r '''i''ri' .',_ 43k1r~'''_r..'' iJ,r:r;(& "<.'- ~ :" .f ";;jiy"'j'l?;~-: . '.' . .. .. .. ". Dc,,,} C" .. :!J;fi~d,,~lz;jJ.said party of the first part does hereby fully warrant the t~tle to sa~d land, , '€t1id.ti<~?l defend the same against the lawful claims of all persons whomsoever. "04' _""""';-, . .~: 1JuIlUUt!i!i 1I11rf.rnf. the said party of the first Rq,rt has .' .,;1 , caused these presents to be si!ffned in its name by its;Pl'~f(Jent, . (/J~' ,- and its corporate seal to be affixed, attested by its Secretary /c:; ~;;;-l 1 '. :,~' ., the day and year above written. ~. ';;.\ ~i;PQrat,e,:; \::~ r~.'8...'. eap:....: '~"'AJ / .. -........,. iJ('.;II'" --~.A oJ .Iltt'est:.. " ,'i'i""",",." Secretary ~tg~~b: 'i~ialtb aub mtltutrtb tn Ql)ur /,8 ,- 14 14'1[172' 41 7? f', .. I- >- <::t: .. - >- ~ ". Ll..! .. ~ ~~ cr: -'OJ it t: ~ ~ <<: g- !z g : LLI '<'".( C :;: ~ ~ 0;: .. ~ ~ [~ - (,. .... o ~ ,:>,.~,'. ~ ~" fic. ~ t3:,: ::: ~, . i:(j ~".. ,. r..l t ( Q:;Q ~" j :~ I 310 MISSOURI. INC. lltJj/y.~~.Jr~a.~: - DINe' '. ..." ;,,1;::&\ V~ce Pres~dent. 4'_ .It.. "". ~.l,-~-."\_", ~~:l~':' ... CLEHY, Cil';CUIT CQUf-:T OCT 13 1114 AM. '0', ~--"" t ~. Q!DuUty Df P INELLA S 11 llltrtby artrUfy, That on this before me personally appeared FOREST DEAN NORMAN KIRKLAND, JR. , Vice President and Secretary respectively of 310 MISSOURI, INC. , a corporation under the laws of the State of F lor ida , to me known to be the persons described in and who executed the fore!ffoin!ff conveyance to CITY OF CLEARWATER, } /1'3 day of August, .4. D.19 81 , and and severally acknowled!ffed the execution thereof to beqi-eJrJree act and deed as such officers, for the uses and purposes therein mentioned; and that they affixed thereto the official seal of said corporation, and the said instrument is the act and deed of said corporation. ,.." ""'" 1IIIIttUtBB my si~nature and official seal at in the County of Pinellas, year last aforesaid. cc: i ^ J ., , " '\! I ",'" ,,~.'-. Notary" ltc' "::'l':'"" My Co1ii7!'l-t~#o7iExpire8 l\lOrAA'f,,~LI~ ~lAn9'" fU,lItlOA ~r LAiI(:.E .~SSION.DP" ....y.~. .' ICNle Hal CiEt8AI. INS IACUWl 1:2 -() I i-~ <j (2) t ) ,- , ( , ' I) : 1("1 'v l ._1/ ~" ., " '. - I I Che~ea :Jilt and (juaranl'J Compan'J ~ ," Home Office Atlantic City, New Jersey E 199122 ENDORSEMENT Attached to and forming a part of xR~ Binder) No. 40,343 of CJ...ltJa :At!. anJ (}uarant, Compan'l insuring the City of Clearwater, a Municipal Corporation amending Binder as follows: Item 2 (b) and (b) are deleted from this Binder, under Schedule liB I'! ALL OTHER ITEMS REMAIN THE SAME AND IN FULL FORCE AND EFFECT. {;) ,;,::,~ n'" ~'... ~"-' p, :""1 I~ I V ~s t' ,,-j -_ ~~ :l, ..'( , (::,1 r-, ~9t1i .If; B :/r'li" i;,~ l-l,!j])RNle:)f:l' Nothing herein contained shall be construed as extending or changing the effective date of said ~~X binder) unless otherwise expressly stated. This Endorsement shall not be valid or binding until countersigned by an authorized signature as desig- nated below. IN WITNESS WHEREOF, ehe~ea :life and guarani'J eompan'J has caUsed its corporate name and seal to be hereunto affixed by its duly authorized officers, in facsimile this 16th day of September /:J f) C7 f) d /7 /? 1981 Chetdea .JUte an yuarani'J Compan'J ~/~ ATTEST: WEIHONEIG, 9:.~ President OJs,~ Secreta;y' 7 -' Form 105 . R 3/68 ~ '- ~~~~~~~~~~~~~~~~~~~~~~~~~~.~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ ~~~'<.S~~~~~~~~~~~~~~~~~~~~~~~~~~~~ I ALTACOMMITMENTFORM-1966 Our File #40,343 ~ I COMMITMENT FOR TITLE INSURANCE I ~ ~~~ ~ ~ CHELSEA TITLE AND GUARANTY COMPANY ~ ~ ~ ~ Home Office tr~ ~ Atlantic City, N. J. ~ ~ Chelaea Title and Guaranty Company, . New J mey ,o'Ponltion, he'ein ,.ned the Company, I ~ for a valuable consideration, hereby commits to issue its policy or policies of title insurance, as mAl ~ identified in Schedule A, in favor of the proposed Insured named in Schedule A, as owner or ~ ~r.e mortgagee of the estate or interest covered hereby in the land described or referred to in Schedule I. ~ A, upon payment of the premiums and charges therefor; all subject to the provisions of Schedules A ~ and B and to the Conditions and Stipulations hereof. ..il ~ ~ ~ This Commitment shall be effective only when the identity of the proposed Insured and the ~ ~ amount of the policy or policies committed for have been inserted in Schedule A hereof by the ~ ~ Company, either at the time of the issuance of this Commitment or by subsequent endorsement. ~ ~ ~ ~r.e This Commitment is preliminary to the issuance of such policies of title insurance and all ~ ~ liability and obligations hereunder shall cease and terminate NINE (9) MONTHS after the effective ~ ~ date hereof or when the policy or policies committed for shall issue, whichever first occurs, provided tr~ ~ that the failure to issue policy or policies is not the fault of the Company. ~ ~ ~ ~~ IN WITNESS WHEREOF, Chelsea Title and Guaranty Company has caused its corporate ~ ~ name and seal to be hereunto affixed by its duly authorized officers on the date shown in Schedule mAl ~ A, but this commitment is to be valid only when it bears an authorized countersignature. ~ ~ ~ ~ ..ill ~ CHELSEA TITLE AND GUARANTY COMPANY ..il ~ ..il ~ ..il ~ Attest:~. _ 0 ~~.- ~ ~ ~ ~ ~ Secretary m ~ ~ i ~ ~ ~ ~ ~ ~ Title Officer ~ ~ NJRB 3.01 c:,;, PA. -3 I? OTIRB . TITLE INSURANCE COMMITMENT. 1972 ~ ~r.U (.F ORM #l1C) ~ ~ ro~~ ~ ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ By /~ President CONDITIONS AND STIPULATIONS 1. The term mortgage, when used herein, shall include deed of trust, trust deed, or other security instrument. 2. If the proposed Insured has or acquires actual knowledge of any defect, lien, encum- brance, adverse claim or other matter affecting the estate or interest or mortgage thereon covered by this Commitment other than those shown in Schedule B hereof, and shall fail to disclose such knowledge to the Company in writing, the Company shall be relieved from liability for any loss or damage resulting from any act of re- liance hereon to the extent the Company is prejudiced by failure to so disclose such knowledge. If the proposed Insured shall disclose such knowledge to the Company, or if the Company otherwise acquires actual knowledge of any such defect, lien, en- cumbrance, adverse claim or other matter, the Company at its option may amend Schedule B of this Commitment accorr.ingly, but such amendment shall not relieve the Company from liability pl'eviously incurred pursuant to Paragraph 3 of these conditions and Stipulations. 3. Liability of the Company under this Commitment shall be only to the named proposed Insured and such parties included under the definitlOn of Insured in the form of policy or policies committed for and only for actual loss incurred in reliance hereon in undertaking in good faith (a) to comply with the requirements hereof, or (b) to eliminate exceptions shown in Schedule B, or (c) to acquire or create the estate or interest or mortgage thereon covered by this Commitment. In no event shall such liability exceed the amount stated in Schedule A for the policy or policies committed for and such liability is subject to the insuring provisions, the Conditions and Stipu- lations, and the Exclusions from Coverage of the form of policy or policies com- mitted for in favor of the proposed Insured which are hereby incorporated by refer- e"ce and are made a part of this Commitment except as expressly modified herein, 4. Any action or actions or rights of action that the proposed Insured may have or may bring against the Company arising out of the status of the title to the estate or inter- est or the status of the mortgage thereon covered by this Commitment must be based on and are subject to the provisions of this Commitment. I ';' I I ' < ........ .~ ....- ", I , ... . I SCHEDULE" A" App. No. 40,343 1. Effective date: September 1981 @ 5:00 P.M. redated: redated: by by 2. Policy or Policies to be issued: (a) aX) ALTA Owner's Policy Form A-1970 (Amended 10-17-70) Amount $ 10~000 00 Proposed Insured: THE CITY OF CLEARWATER, a Municipal Corporation (b) [ ) ALTA Loan Policy - 1970 (Amended 10-17-70) $ Proposed Insured: (c) [] Policy $ Proposed Insured: 3. The estate or interest in the land. described or referred to. in the Commitment and covered herein is Fee Simp Ie and is at the effective date hereof vested in: 310 MISSOURI INC. 4. The land referred to in this Commitment is described as follows: (If not described here, as on the description sheet next attached herein.) The West 20' of Lot 1 of Original Lot 5, R. H. PADGETTS REVmSEQ,according to the map or plat thereof as recorded in Plat Book 4 page 32 of the public records of Pine lIas County, Florida. . . App..No. 40,343 I .. . I ., . SCHEDULE B I L The following are the requirements to be complied with: 1. Payment of the full consideration to, or for the account of, the grantors or mortgagors. 2. Instruments necessary to create the estate or interest to be insured must be properly executed, delivered and duly filed for record. (a) Warranty Deed describing property as in Schedule !lA" herein to be executed by 310 Missouri, Ii<lc., in favor of The City of Clearwater, a Municipal Corporation. (b) Release of subject land from that certain Mortgage executed by 310 Missouri Inc., in favor of Eugene Knight Inc., dated July 6, 1964 filed July 5, 1964 in o. R. Book 1960 page 152 in the amount of $350,000.00 as to Lot 1, said mortgage was assigned in favor of Metropolitan Life Insurance Company in o. R. Book 2197 page 91 and re-recorded in o. R. Book 2198 page 732 all of the public records of Pinellas County, Florida. (c) Release of subject land from that certain Conditional Assignment of Rents, filed July 6, 1964 in o. R. Book 1960 page L62 of the public r.ecords of Pinellas County, Florida. ApI!' :No. 40,343 I .... '.' I . I SCHEDULE B II II. Schedule B of the policy or policies to be issued will contain exceptions to the following matters unless the same are disposed of to the satisfaction of the Company: 1. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date the proposed Insured acquires for value of record the estate or interest or mortgage thereon covered by this Commitment. 2. Rights or claims of parties in possession not shown by the public records. 3. Easements, or claims of easements, not shown by the public records. 4. Encroachments, overlaps, boundary line disputes and other matters which could be disclosed by an accurate survey and inspection of the premises. 5. Any lien, or right to a lien, for services, labor, or material heretofore or hereafter furnished, imposed by law and not shown by the public records. 6. Taxes, charges and assessments: Taxes for the year 1981 and all subsequent years. 7. Conditions, restrictions, reservation, limitations, easements contractual or for utilities, shown of record or by filed plat or plan, as follows:- 8. Subject to all existing road right~of-ways. 9. Subject to all municipal liens for utilities under F. S. 159.17. 1.10. Subject to any and all unpaid assessments projected or to be projected, if any. ~~~~~~~i]~~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ COMMITMENT I ~ FOR I ~ TITLE ~ ~ ~ INSURANCE ~ ~ -: ~ ~ ~ ~ [i ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ I] ,-, ~ CHELSEA TITLE and ~ ~ GUARANTY CO. ~ ~ HOME OFFICE ~ ~ ~ ATLANTIC CITY, N. J. I ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~~~~~~~~~~~~ , I CLOSING STATEMENT Clearwater, Florida September 18, 1981 SELLER: 310 Missouri, Inc. PURCHASER: City of C~earwater, Florida PROPER TY DESCRIPTION: W. 20 feet of Lot 1 of Original Block 5, R. H. Padgetts Rev. Credits to Seller: Sales Price $30,000.00 $30,000.00 Credits to Purchaser: Seller's pro rata share 1981 Taxes $ 43.60 Balance to close 29,956.40 $30,000.00 $30,000.00 Expenses for Purchaser: Documentary Stamps on Deed $120.00 Chelsea Title & Guaranty Co. - Title Insurance 160.00 $21:$0.00 c.. c, , , ' I {<. _,f) ''I....-:;,../..t'I' :,1 ~> r, ~/~~:'J?~ ~ i',:..l<~~' .._~"-~.. J I AGREEMENT FOR PURCHA SE AND SALE OF REAL ESTATE d. THIS AGREEMENT, made and entered into this ~ , A. D. 1981, by and between 310 SOUTH MISSOURI, t da y of INC. , a Florida corporation, hereinafter referred to as Seller, and the CITY OF C LEARW A TER, FLORIDA, a municipal corporation, hereinafte r referred to as Purchaser; WITNESSETH: That in consideration of the mutual promises and convenants herein contained and other valuable considerations passing between the parties hereto, the Seller agrees to sell and the Purchaser agrees to buy the following described real property situate, lying and being in Pinellas County, Florida, to wit: The West 20 feet of Lot 1 of Revised Block 5 of Original Block 5 of R. H. Padgett Subdivision, according to the map or plat thereof as recorded in Plat Book 4, pages 32 to 41 of the Public Records of Pinellas County, Florida. The total purchase price of said property shall be the sum of Thirty Thousand Dollars ($30,000.00), payable in full upon closing, which shall be on or before ninety (90) days from date hereof at the office of the City Attorney, Clearwater City Hall, 112 S. Osceola Avenue, Clearwater, Florida. IN CONSIDERATION WHEREOF, Seller agrees to convey said property to said Purchaser by good and sufficient Warranty Deed, with fee simple, marketable title, free and clear of all encumbrances of record. Purchaser agrees to pay all closing costs except the taxes for 1981 will be prorated as of date of delivery of possession. Both parties agree that neither have used the services of a real estate broker in this transaction and no brokerage fee is due anyone. 314 S. Missouri Avenue. '~ ,!) . 1/ '. , ... II W ,\\ ! Purchaser shall assume all costs that may be incurred in relocating electric and water service at a future date to the COTTman address -1- / ~-!"";':' .... ... I I The obligations and benefits under this contract shall extend to the personal representatives, heirs, successors and assigns of the parties her eto. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. 310 SOUTH MISSOURI, INC. ,Signe?, sealed and delivered I inJ!f? pr.ese ~()f: l f:!Z: I:~ /;';7",-- By ;/./~..,l(Jf ;/).2..,.';-'1./1. .i , ll/cc.- -' President Attest: Secie"tax.y . / ~ : _'- . __ -:- -.,I ~.- ".. ./ "_" - _ '. ~ --r '0.. ~~~ ( Corporat~S'eal)...__>' ,.1Ii#[;:!.I~Si'il\\ T'" ,,#~ " '~t:r- !,ll ,,~p'~'.:.; / ,'C oulnte rflgned: . ! '~bf P: ".__'iu>l'i;.:v-..~' ,", '_, " ,,' ;"" ,~'~: ,j';~~~" ., . j '!/~'\ ~yor -C ommis sione r SELLER CITY oFe.:LEARwATER, FLORIDA ~/. By' i~~i,~~t~, '.- ~:J C i-ty~ana g e r Attest: ~' . r;t~'Lv ~ ..' City Clerk -2- I~~~~~~~~~~~~~~~~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ I ~ ~ ~ ~ ~ Countersigned and Validated ~r#' /----" ./-:;J~ O(f~ B~'~:~/L;~:Pk-/' ~ Authorized ~.. / ~ <:AR)LYN ~"~' Assistant SecretaJ:y ~.R' Form No. 509 .. // Copyright 1969 American Land Title Association ~ i- ~~~~~~~~~~~~~~~~~~~~~~~~~ ~ ~~~\~~~~~~~ - ~~~,~~~~ ~ j] ~ ~ I ~ j] ~ j)~ ~ ~ ~ ~ :~;: ~~ ~ ..il~ ~ ~ ~ I ('1'~ ~ ~}{. ~l ~,. t.fl~ ~ ~EJ'mQ m~ ~ ~ ~-tJ.i? $fA ~ ~j ~ ~ ~ ~ ..;j~.'" ~ 1'\ f 1:.4. "~~ ,~f;;~~ ~ $l.:>I~ .l"\ ffa '~" ''''~<I\ (e~ '~,.lt..i ;.~~ li"_ '~lr' '..."., -I'"~ >f'" :'.~"I' \~.,~~; I~< ~ ') , ~~4v A ALTA OWNER'S POLICY FORM A - 1970 NC! 18541 ;Pile #4Q,343 POLICY OF TITLE INSURANCE Issued by CHELSEA TITLE AND GUARANTY COMPANY Home Office Atlantic City, N. J. SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS CONTAINED IN SCHEDULE BAND THE PROVISIONS OF THE CONDITIONS AND STIPULATIONS HEREOF, CHELSEA TITLE AND GUARANTY COMPANY, a New Jersey 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, and costs, attorney's fees and expenses which the Company may become obligation to pay hereunder, sustained or incurred by the insured by reason of: L Title to the estate or interest described in Schedule A being vested otherwise than as stated therein; 2. Any defect in or lien or encumbrance on such title; or 3. Lack of a right of access to and from the land. IN WITNESS WHEREOF, Chelsea Title and Guaranty Company has caused this policy to be signed and sealed by its duly authorized officers as of Date of Policy shown in Schedule A. CHELSEA TITLE AND GUARANTY COMPANY L By /~ President BY~ ~ 0 ,L~/ Secretary CONDITIONS AND STIPULATIONS 1. Definition of Terms The following terms when used in this policy mean: (8) "insured": the insured named in Schedule A, and, subject to any rights or defenses the Company may have had against the Darned insured, those who succeed to the interest of such insured by operation of law 88 distinguished from purchase including, but not limited to, heirs, distributees, devisees, survivors, personal representatives, nen of kin, or corporate or fiduciary successors. (b) "insured claimant"; aD insured claiming 1088 or damage hereunder. (c) "knowledge": actual knowledge, not constructive knowledge or notice which may be imputed to aD insured by reason of any public records. (d) "land": the land described, specifically or by reference in Schedule A, and improvements afftxed thereto which by law con-stitute real property; provided, however; the tenn "land" does-not include any property beyond the lines of the area specifically described or referred to in Schedule A, nor any right, title, 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 trust, trust deed, or other security instrument. (f) "public records": those records which by law impart constructive notice of matters relating to said land. 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 so long as such insured retains an estate or interest in the land, or holds an indebtedness secured by a purchase money mortgage given by a purchaser from such insured, or so long as such insured shall have liability by reason of covenants of warranty made by such insured in any transfer or conveyance of such estate or interest; provided, however, this policy shall not continue in force in favor of any purchaser from such insured of either said estate or interest or the indebtedness secured by a purchase money mortgage given to such insured. 3. Defense and Prosecution of Actions ~ Notice of Claim to be given by an Insured Claimant (a) The Company, at its own cost and without undue delay, shall provide for the defense of an insured in all litigation consisting of actions or proceedings commenced against such insured to the extent that such litigation is founded upon an alleged defect, lien, encumbrance, or other matter insured against by this policy. (b) The insured shall notify the Company pro'mptly in writing (i) in case any action or proceeding is begun as set forth in (a) above, (ii) in case knowledge shall come to an insured hereunder of any claim of title or interest which is adverse to the title to the estate or interest as insured, and which might cause loss or damage for which the Company may be liable by virtue of this policy. If such prompt notice shall not be given to the Company, then as to such insured all liability of the Company shall cease and terminate in regard to the matter or matters for which such prompt notice is required; provided, however, that failure to notify shall in no case prejudice the rights of any such insured under this policy unless the Company shall be prejudiced by such failure and then only to the extent of such prejudice. (c) The Company shall have the right at its own cost to institute and without undue delay prosecute any action or proceeding or to do any other act which in its opinion may be necessary or desirable to establish the title to the estate or interest as insured, and the Company may take any appropriate action under the terms of this policy, whether or not it shall be liable thereunder, and shall not thereby concede liability or waive any provision of this policy. (d) Whenever the Company shall have brought any action or interposed a defense as required or permitted by the provisions of this policy, the Company may pursue any such litigation to fmal determination by a court of competent jurisdiction and expressly reserves the right, in its sole discretion, to appeal from any adverse judgement or order. (e) In all cases where this policy permits or requires the Company to prosecute or provide forthe defense of any action or proceeding, the insured hereunder shall secure to the Company the right to so prosecute or provide defense in such action or proceeding, and all appeals therein, and permit the Company to use, at its option, the name of such insured for such purpose. Whenever requested by the Company, such insured shall give the Company all reasonable aid in any such action or proceeding, in effecting settlement, securing evidence, obtaining witnesses, or prosecuting or defending such action or proceeding, and the Company shall reimburse such insured for any expense so incurred. 4. Notice of Loss. Limitation of Action In addition to the notices required under paragraph 3 (b) of these Conditions and Stipulations, a statement in writing of any loss or damage for which it is claimed the Company is liable under this policy shall be furnished to the Company within 90 days after such loss or damage shall have been determined and no right of action shall accrue to an insured claimant until 30 days after such statement shall have been furnished. Failure to furnish such statement of loss or damage shall terminate any liability of the Company under this policy as to such loss or damage. 5. Options to Payor Otherwise Settle Claims The Company shall have the option to payor otherwise settle for or in the name of an insured claimant any claim insured against or to tenninate all liability and obligations of the Company hereunder by paying or tendering payment of the amount of insurance under this policy together with any costs, attorney's fees and expenses incurred up to the time of such payment or tender of , payment, by the insuI'1ld claimant and authorized by the compiY' 6. Determination and Payment of Loss (a) The liability of the Company under this policy shall in no case exceed the least of: (i) the actual loss of the insured claimant; or (ii) the amount of insurance stated in Schedule A; or (iii) the actual value of the estate or interest of the insured claimant in the land de8cribed in Schedule A at the time the loss or damage insured against hereunder occurs undiminished by the defect, lien, encumbrance, or other matter insured against by this policy. (b) The Company will pay, in addition to any loss insured against by this policy, all costs imposed upon an insure~ in litigation carried ~n by the Companyfc:>r such_ insured, and all_~osts, attorney's fees and expenses in litig-Btion carried-on by sucb-insured with the written authorization of the Company. (c) When liability has been defmitely fixed in accordance with the conditions of this policy, the loss or damage shall be payable within 30 days thereafter. 7. Limitation of LiabiUty No claim shall arise or be maintainable underthis policy (8) if the Company, after having received notice of an alleged defect, lien or encumbrance insured against hereunder, by litigation or otherwise, removes such defect, lien or encumbrance or establishes the title, as insured, within a reasonable time after receipt of such notice; (b) in the event of litigation until there has been a final detennination by a court of competent jurisdiction, and disposition of all appeals therefrom, adverse to the title, as insured, as provided in paragraph 3 hereof; or (c) for liability voluntarily assumed by an insured in settling any claim or suit without prior written consent of the Company. 8. Reduction of Liability All payments under this policy, except payments made for costs, attorney's fees and expenses, shall reduce the amount of the insurance pro tanto. No payment shall be made without producing this policy for endorsement of such payment unless the policy be lost or destroyed, in which case proof of such loss or destruction shall be furnished to the satisfaction of the Company. 9. Liability Noncumulative Itis expressly understood that the amount of insurance under this policy shall be reduced by any amount the Company may pay under any policy insuring either (a) a mortgage shown or referred to in Schedule B hereof which is alien on the estate or interest covered by this policy, or (b) a mortgage hereafer executed by an insured which is a charge or lien on the estate or interest described or referred to in Schedule A, and the amount so p'aid shall be deemed a payment under this policy. The Company shall have the option to apply to the payment of any such mortgages any amount that otherwise would be payable hereunder to the insured owner of the estate or interest covered by this policy and the amount so paid shall be deemed a payment under this policy to said insured owner. 10. Apportionment If the land described in Schedule A consists of two or more parcels which are not used as a single site, and a 1088 is established affecting one or more of said parcels but not all, the loss shall be computed and settled on a pro rata basis as if the aIDount. of insurance under this policy was divided pro rata as to the value on Dat.e 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 such parcel by the Company and the insured at the time of the issuance of this policy and shown by an expreSB statement herein or by aD endoraement attached hereto. ll. Su.brogation Upon Payment or Settlement Whenever the Company shall have settled a claim under this policy, all right of subrogation shall vest in the Company unaffected by any act of the insured claimant. The Company shall be subrogated to and be entitled to all rights and remedies which such insured.claimant would have had against any person or property in respect to such claim had this policy not been issued, and if requested by the Company, such insured claimant shall transfer to the Company all rights and remedies against any person or propertynecesB8ryin order to perfect such right of subrogation and shall permit the Company to use the name of such insured claimant in any transaction or litigation involving such rights or remedies. If the payment does not cover the loss of such insured claimant, the Company shall be subrogated to such rights and remedies in the proportion which said payment bears to the amount of said loss. If loss should result from any act of such insured claimant, such act shall not void this policy, but the Company, in that event, shall be required to pay only that part of any losses insured against hereunder which shall exceed the amount, if any, lost to the Company by reason of the impairment of the right of subrogation. 12, Liability Limited to this PoUcy This instrument together with all endorsements and other instruments, if any, attached hereto by the Company is the entire policy and contract between the insured and the Company. An)" claim of loss or damage, whether or not based on negligence, and which arises out of the status of the title to the estate or interest covered hereby or any action asserting such claim, shall be restricted to the provisions and conditions and stipulations of this policy. No amendment of or endorsement to this policy can be made except by writing endorsed hereon or attached hereto signed by either the Presi~em, a Vice President, the Secretary, an Assistant Secretary, or validating officer or authorized',s~gnatory of the Company. 13. Notices, Where Sent All notices required to be given the Company and any statement in writing required to be furnishelithe com~anY shall be addled to it at its home office (or the office issuing such policy). .. ',J' -,~...- -. - I J- SCHEDULE A I 40,343 . App. No............................. Policy No. : 18541 Insured: CITY OF .~'lER Effective date: October 13, 1981 at 11:14 A.M. Amount of liability: $30,000.00 1. The estate or interest of the Insured in the real estate described below covered by this Policy is FEE SIMPLE 2. The deed or other means by which the estate or interest covered by this Policy is vested in the Insured is described as follows: wan:;-antyDeed executed by 310 Missouri, Inc. in favor of City of Clearwater dated.A,ugust14, 1981 filed October 13, 1981 at 11:14 A.M. in O.R. Book 5258 page 2024 .of the' Public .Records of Pinellas Cbnnty, ~lorida. 3. Description of the land in which the Insured has the estate or interest covered by this Policy. 'Ibe west 20 feet of IOT 1, of are....subdivision ofrm 50f R. H. Padgetts SUbdivision, according totbemap or plat thereof as recorded in Plat Book 4 page 32 of the Publ:i:cRecords of Pinellas Cbnnty, Florida. NJRB 1-01 ',. App. No. 40,343 I I Policy No. 18541 SCHEDULE B This policy does not insure against loss or damage by reason of the following: 1. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date the proposed Insured acquires for value of record the estate or interest or mortgage thereon covered by this Policy. 2. Rights or claims of parties in possession not shown by the public records. 3. Easements, or claims of easements, not shown by the public records. 4. Encroachments, overlaps, boundary line disputes and other matters which could be disclosed by an accurate survey and inspection of the premises. 5. Any lien, or right to a lien, for services, labor, or material heretofore or hereafter furnished, imposed by law and not shown by the public records. 6. Taxes, charges and assessments: for the year 1981 and all subsequent years. 7. Liability for municipal improvements made or authorized but not of record. 8. Subject to. all existing road right-of-ways. 9. Subject toanyan:i all unpaid assessments projected or to reprojected, if any. 10. Subject.to all rrnmicipal liens for .utilities underF.S .159.17. COUNTERSIGNED: G~ Form No. 22 BX-R-7/81 -..a,."'" --~. __-e---- _ ~ -> _. __'. -......."........ "~'.~,:.~~....o..-..............'p. I EXCLUSION FROM COVER~GE I The following matters are expressly eXGluded from the coverage of this policy: L Any law, ordinance or governmental regulation (including but not limited to building and zoning ordinances) restricting or regulating or prohibiting the occupancy, use or enjoyment of the land, or regulating the character, dimensions or location of any improvement now or hereafter erected on the land, or prohibiting a separation in ownership or a reduction in the dimensions or area of the land, or the effect of any violation of any Buch law, ordinance or governmental regulation. 2. Rights of eminent domain or governmental rights of police power unless notice of the exercise of such rights appears in the public records at Date of Policy, 3. Defects. liens, encumbrances, adveIlle claims, or other matters (8) created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company and not shown by the public records but known to the insured claimant either at Date of Policy or at the date such claimant acquired an estate or interest insured by this policy and not disclosed in writing by the insured claimant to the Company prior to the date such insured claimant became an insurea hereunder; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the estate or interest insured by this policy. 4. The refusal of any person to purchase,lease or lend money on the estate or interest covered hereby in the land described in Schedule A. .; ~~~~~~~~~~~, ~ ~ I I ~ ~ ~ POLICY ~ ~ OF ~ ~~ 4~ \~ TITLE ffl~ ~ rnSURANCE ~ ~~ ~ ~t; ffl~ ~ ~ ~ ~ ~ ~ V~Q ~ ~ ffl~ VJ~ ~,.~.~ l"..., ~<:\ :?~;~., M ~ ~~ ~~. ~~ i'<~ ~ ~. ~~ ~ ~ ~,i(I ~ ~~ ~~ ~ ~ ~ CHELSEA TITLE and ~ ~ GUARANTY CO. ~ ~~ ~ ~ HOME OFFICE ~ ~ ATLANTIC CITY, N. J. ~ r..'~. '; ~ ~~ m'A ~ ~ ~ ~ :;~ifj ~ ~f lffA "tJP ~M? ~~ ~A '1t~~~~~&~~,\&~~~~~~!j~ S;~~~~~~~~~~~-m.~~~Th~mA '...... ,r /...... I....