DOROTHY GLOVER
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..~,...).FOR..~.Il2..5. FLO._RIDA, WARR.ANT.Y.' 87 .
. ~ TUTBLANX REGISTERED U. S. PAT. OFFICII:
,,;, ~ ~, (To Corporario , ' . .. 2' 8 4 I 5 7 . . ."' TVTTL.E ~W PRINT. PUaUSHERS, RUT~NO. VT,OOO""
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Made this
ietmeeu
day of April .11. D. 19 87
DOROTHY A. GLOVER, a/k/a DOROTHY GLOVER, a single woman,
of the County of Pinellas and State of Florida
party of the first part) and CITY OF CLEARWATER, a Florida municipal
corporation,.P..O. Box 4748, Clearwater, FL 33518-:-4748,
a corporatwn ex~st~ng under the laws of the State of Florlda
havinf! its principal place of business in the Connty of Pinellas
State of Florida party of the second part,
lIituessetq. that the said part y of the first part, for and in consideration
of the sum of other good and valuable consideration and $10. OODollars,
to her in hand paid, the receipt whereof is hereby acknowledged, ha s
granted, bargained, sold, aliened, remised, released, enfeoffed, conveyed and con-
finned and by these presents do es grant, bargain, sell, alien, re7nise, release,
enfeoff, convey and confirm unto the said party of the second part and its Slwces-
SOl'S and assigns forever, all that certain parcel of land lying and being in the
County of Pinellas and State of Florida, more particularly
described as follows:
All of the Grantor's interest, the same being an undivided one-half
interest as tenant in common in the East 42 feet of the South 14
feet of Lot 5, and the East 42 feet of Lot 6, of Janie Daniel's
Subdivision, according to the map or plat thereof, as recorded in
Plat Book 5, Page 23, of the Public Records of Pinellas County,
Florida.
,
and
ALSO, all of the Grantor's interest, the same being an undivided
one-fifth interest as tenant in common in Lot 5, less the East 42
feet of the South 14 feet thereof, and Lot 6, less the East 42
feet thereof, of Janie Daniel's Subdivision, according to the map
or plat thereof, as recorded in Plat Book 5, Page 23, of the
Public Records of Pinellas County, Florida.
Subject to restrictions and easemen~of
and subsequent years.
'd .-.'f"-.;H 10. )~D OOC011',entary T~, 1\1. $.l/.?A:..~-P
'tP::tD
record, and taxes for 1987
1q 14960317 73
40
41
1. 16NI BT
10.5'd
112,20
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Wn lIInut nUll tn lIInlll the salne in fee simple forever.
.I1nd the said party of the first part do es covenant with the said party of
the second part that she is lawfully seized of the said premises, that they are
free of all incumbrance, and tha_t she has good riffht and l(Iwful aMthority
to sell the same; and that said party of the ji-rst part doth hereby fully warrant
the title to said land, and will defend the same against the lawful claims of all
persons whomsoever.
lIu lIituess IIqerenf. t,,,e said party of the first part ha s hereunto
set her hand and seal the day and year above written.
and Delivered in Our Presence:
.
E X H I BIT 7 ;,,~
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~pun~ pf pinellas
1J)ltrtbg ~trttfg That on this
J1. D. 1987 , before me personally appeared
DOROTHY A. GLOVER, a single woman,
to me known to be the person described in and who executed the forerfoint
conveyance to . d .. 1 t .
CITY OF CLEARWATER, a Florl a munlclpa corpora lon,
and severally aclcnowledted
the execution thereof to be her free act and deed for the uses and purposes
therftin 7nentioned.. i
:IIllIttntlUl 'my sitnature and official seal at Clearwater,
in the County of Pinellas and State of Florida, the day and
year last aforesaid. (Seal)
JI(
day of April,
My Commission Expires
, . . "'" .Notary i'd:~i(, $h",ry cI ri0r:r!1l
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AFFIDAVIT OF NO LIENS
STATE OF FLORIDA
COUNTYOF PTNF.T,T.~S
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Before me, the undersigned authority, personally>aJ?peaI'~d
Affiant who, being first duly sworn, deposes and saY$ tha~: .
1.
Pinellas
Affiant ..1A ~the owner of that real property located in
County" Plor ida, and legally descr ibed as follows:
All of the Grantor's interest, the same being an undivided one-half
interest as tenant in common in the East 42 feet of the South 14
feet of Lot 5, and the East 42 feet of Lot 6, of ,Janie Daniel's
Subdivision, according to the map or plat thereof, as recorded in
Plat Book 5, Page 23, of the Public Records of Pinellas County,
Florida.
ALSO, all of the Grantor's interest, the same being an undivided
one-,fifth interest as'. "tenant. in 'Cdmm:On in Lot 5, less the East 42
feet of the South ,14 feet thereof, and Lot 6, less the East 42
feet thereof, of Janie Da:niel's :Subdivision, aacordin'g :to the map
or plat thereof, 'a~ recorded in Plat Book 5, Page ~3, of the
Public Records of Pinellas County, Florida.
2. Owner has possession of the property, and there is no
other person in possession with any rights or tenancies in the
aforesaid property unless listed or otherwise noted herein.
3. No Notice of Commencement affecting the above-described
property hasnbeen-exec:uted, recorded, or posted by Affiant.
4. There are no unrecorded labor, mechanics, or
materialmen's liens against the property, and no labor has been
performed upon 'or materials furnished tothe:above~described property
for which payment in"full has; not . 'been made or for which valid liens
could be filed. ,Affiant knows of no state or federal judgment or lien
of any kind or nature whatever upon the above.described property,
unless listed.or otherwise noted .herein. .', ' . ,
. 5. There are no unpaid or pen~1ngbills'o~ assessments for
elect:ricity, 'water, sewage, garbage, or any utility or service
provided to ~he 'above-described property. ;.' - ,I '
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6~ There are no unpaid bills,'liens, or-assessments for
sanitary'sewers, paving,'utility installation or service, or other
improvements made by any public utility or any governmental agency,
and no notice has been received of any public hearing regarding
pending or future assessments f~r'improvements by any governmental
agency. . .
7. There are no unpaid or pending periodic maintenance or
management charges or assessments due any property owners, homeowners,
or condominium association. There are no payments due or unpaid under
the terms of any recreation lease or ground lease affecting the
above-described proper~y.
~8. There-are no outstanding unrecorded contracts of .sale,
deeds, leases, options, conveyances or mortgages affecting the title
to the above-described property, 'unless listed or otherwise noted
herein. .
, ,
9. There are no unrecorded easements or rights-of-way
created through use or adverse interest with respect to the
above-described property.
10. There are no violations or breaches of any covenants,
conditions or restrictions applicable to the above-described property,
including, but not limited to, building set back violations, and in
event of such violations or breaches, Affiant hereby agrees and does
indemnify Wilder' Thacker and Attorneys'Title Insurance Fund from
any liability, loss, claim or cause of action arising out of or in any
way relating to any violations or breaches of any such covenants,
conditions or restrictions.
. J:
11.' Affiant makes the above representations effective as of
the execution'hereof and also represents that between the date of .
execution of this affidavit'and the recording of the instrument
evidencing the interest to be insured that no action will be taken
that will alter the representations made above or otherwise adversely
affect the interest to be insured.;
. .
12. The undersigned record owner of the Property hereby
certifies that said owner is. not a;non-resident alien, foreign
corporation~foreign partnership, foreign trust, or foreign estate
(as those terms are defined in the Internal Revenue Code, in
particular 51445, and Income Tax Regulations), and~he U~S. taxpayer
indentification number of said owner is fJ.. ~t6 '- ?tf - :7(:;;/9' '
and the permanent'residence'address of'said owner is .
1001 LaSalle Street, Clearwater, FL 33515 The
undersigned therefore'represents that withholding of tax by the
purchaser required in sales from a foreign entity'is not required,
and understands that this certification may be disclosed to Internal
Revenue Service by the purchaser and that any false statement '
- . -contained heI'ein.-could~ he.:.-punll'~,bed:_.byfine_l,im-PI:'j.5Qqm~Clt:. ,or both.
. . . . ,
, ,
This affidavit is made for the purpose of inducing WILDER &
THACKER to issue title insurance on the above-described property; and
CITY OF CLEARWATER. to purchase and make final
payment for the above-described..property. · th/)..
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OWNER: DOROTHY ." GLOVER ...... .N_..' '.. .
OWNER:
April
Sworn to and subscribed before me this ~ )1/ . ~~\y,'lof
, 1987".~:\\\\\\~' ~C!~al"""'.
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Notary pu
State of
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My Commission expires 1....../
Notary Public, Stat'! of Florida
My Commi:;~ion hpi.es Ar-ril 26, 1990
BOF\.:!ed Thru Tr')y i;c:n - .<.li.I.J' ,lie.
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_ . ICONTRACT FOR SALE AND PURCHA'~:-
PARTIES: Dorothy A. Glover, ind..Lvidually and as aqent for rernain!nq
1001 ~aSalle Street, Clearwater, Florida 33515
and City of Clearwater, Florida
of P.O. Box 4748, Clearwater, Florida 33518 (Phone
hareby agree that the Seller shall sell and Buyer shall buy the following property upon the following tarms and conditions WHICH
Real Estate Transactions on the reverse hereof or attached hereto, hereinafter referred to 85 "Standard(s)",
~"'~i-
-"~-,
BAR/fAR form No, 2
of
tenant in carrmon owne:r9 "Saller".
(Phone 441-2596 ),
),
INCLUDE the Standards For
462-6638
,8$ "Buyer".
I.
DESCRIPTION:
(a) Legal description of real estate located in
Pinellas
County, Florida:
Lots 5 and 6 of the Janie Daniels Subdivision, according to the map or plat
thereof as recorded in Plat Book 5, Page 23 of the Public Records of Pinellas
County, Florida.
(b) Street address, if any, of the property being conveyed is
(c) Personal property included: None
None
II.
PURCHASE PRICE: . . . . . . . . . . . . . . . . . . . . . . . . . . . . , . . ',' . . . . . . . . . . . . . . . . . . . . . . . . .$
PAYMENT:
(a) Deposit(s) to be held in escrow by
72,000.00
in the amount of. . . . .$
N/A
(b) Subject to AND assumption of Mortgage In favor of
bearing interest at % per annum and payable as to principal and
per month, having an approximate present principal balance of. . . . . $
TOTAL
.$
$
.$
.$
N/A
N/A
N/A
72,000.00
72,000.00
Interest $
(c)
Purchase money mortgage and note bearing interest at
principal amount of . . . . . . . . . . . . . . . . . . . .
% on terms set forth herein below, In the
(d)
(e)
Other
Balance to close. (U.S. cash, certified or cashier's check) subJect to adJunments and prorations.
III. FINANCING: If the purchase price or any part thereof Is to ba financed by e third party loan, this Contract for Sale and Purchase. hereinafter referrad to as
"Contract", Is conditioned upon the Buyer Obtaining 8 firm commitment for said loen within days from date hereof. at an interest r8te not to exceed
%; term of _years; and In the principal amount of $ . Buyer egrees to make application 10r, end to use ree.onable dill.
genee, to obtain said loan. Should Buyer fall to obtain same, or to waive Buyer's rights hereunder within said time, either party may cancel Contract.
IV. TITLE E V I D ENC E, Within 30 days from date of Contract. Seller shall. at his expense, deliver to Buyer or his attorney, in accordance with Standard A.
alther (CHECK) 0 (1) or 0 (2): (1) abstract, or (2) title insurance commitment with fee owner's title policy premium to be paid bMSellehat c,losin~.
V. TIME FOR ACCEPTANCE AND EFFECTIVE DATE: If this offer is not executed by both of the parties hereto on or before arc ') J 987
the aforesaid deposit!s) shall be, at the option of Buyer, returned to him and this offer shall thereafter be null and void. The date of Contract shall be the date
when the last one of the Seller and Buyer has signed this offer. or before t-h' A .....1
VI. CLOSING DATE: This transaction shall be closed and the deed and other closing papers delivered onThe 15'tlay of prl,
19 87. . unless extended by other provisions of Contract.
VII. RESTRICTIONS, EASEMENTS. LIMITATIONS: The Buyer shall take titlo subject to: Zoning, restrictions, prohibitions and other requirements Imposed by
governmental authority; Restrictions end marters appearing on the plat or otherwise common to the subdivision; Public utility easoments of record. (provided sal~
easements are located contiguous throughout the property lines and are not more than 10 feet In width as to the rear or front lines end 7% feet 'n width as to the
side lines, unless otherwise specified herein); Taxes for year of closing and subsequent years. assumed mortgages and purchase money mortgages. If any;
None
other:
COlllllercial Use
provided. however. that none of the foregoing shall prevent use of the property for the purpose of
VIII. OCCUPANCY: Seller represents that there are no parties in occupancy other than Seller, but if property Is intended to be rented or occupied beyond
closing. the fect and terms thereof shall be steted herein. and the tenentes) shall be disclosed pursuant to Standard G. Seller agree~ to deliver occupancy of property
at time of closing unless otherwise specified below. If occupancy Is to be delivered prior to closing, Buyer .ssumes all risk of loss to property from date of occu.
pancy, shall be responsible and liable for maintenance thereof from said date, and shall be deemed to have accepted the property. real, and personal, In lu existing
condition 85 of time of taking occupancy unless otherwise noted in writing.
IX. ASSIGNABILITY: (CHECK ONE) Buyer Omay assign 00 may not assign; Contract.
X. TYPEWRITTEN OR HANDWRITTEN PROVISIONS: Typewritten or handwritten'provisions inserted herein or attached hereto as Addenda shall control
all printed provisions in conflict therewith.
XI. SPECIAL CLAUSES:
1. The Buyer will arrange for Title Insurance and pay for the Title Insurance Policy.
2. The Buyer will pay for the State Documentary Stamps to be placed on the Deed.
3. The Seller agrees to not withdraw this offer to sell prior to March ~~ 1987.
WITNESSESS: (Two recommended; required i Homestead)
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Deposit(s) under II (a) received; if check, subject to c arance.
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THIS IS INTENDED TO BE A LEGALLY BINDING CONTRACT.
IF NOT FU LL Y UNDERSTOOD, SEEK THE ADVICE OF AN ATTO RNEY PRIO R TO SI GNI NG.
THIS FORM HAS BEEN APPROVED BY THE FLORIDA ASSOCIATION OF REALTORS AND THE-!,LORIDA BAR
I
/,/
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WITNESSES: (Two recommen./..d)
Countersi
(SEAL)
(SEAL)
(Seller)
By;
'-
'.
Q~',
",
(SEAL)
A. EVIDENCE OF TITLE: [i] An..sJ...!2..i.1r~ of title prepared or brougl1t current by a reputable ilnd existing abs!rilct firrn (if not existing then certifiod as correct by
an existing firm) purporting' to be an accurate synopsis of the instruments affecting the title to subject real property rccorcletJ in the public records at tho county
wherein the land Is situated, through dalo of Contract, An abstract shall commence with the earliest public records. or such later date as may be customary In tho
county wherein tho land is situated. Seller shall convey a marketable title in accordance with Title Standards adopted from time to time by The Florida Bar, subject
only .to liens, e~cumbrances, exceptions or qualific.ltlojlit~Jpi.t~1n thi~ Contract and those whidl shall be discharged by Seller at or beforuclosing. Upon closing
of thiS transaction such abstract shall become the tp.-bpltf-t.., -a.flauy.fiJ. suqJect to the right of retentIon thereof by first mortgagee unlll fUlly paId; Or [2J a tltlo Insur.
ance commitment Issued by a qualified title Insuror agreeing to issue to Buyer, upon recording of the deed to Buyer. an Owner's policy of titla insurance In tne
amount of the purchase price, in'suring title of the Buyer to the real property, subject only to liens, encumbrances, e><ceptions or qualifications set forth in this
Contract and those which shall be discharged by Seller at or before closing. Buyer shall have 30 days, if abstract, or 5 days, if title commitment, from date of reo
ceiving evidence of title to examine same, If title is found defective, Buyer shall. within 3 days thereafter, notify Seller in writing specifying defect(s).
If said defect(s) render title unmarketable, Seller shell have 120 days from receipt of notice within which to remove said defect(s), and if Seller Is unsuccessful In
removing them within said time, Buyer shall have the option of either (1) accepting the title as it then is, or (2) demanding a refund of all monies paid hereunder
which shall forthwith be retllrned to Buyer and thereupon Buyer and Seller shall be released as to one another, of all further obligations under the Contract; how.
ever, Seller agrees that he will, if title is found to be unmarketable, use diiigent effort to correct the defect(s) in title within the time provided therefor, Including
the bringing of necessary suits,
B. EX ISTING MORTGAG ES: Seller shall furnish a statement from the mortgagee(s) setting forth principal balance, method of payment. interest rate and whether ",
the mortgage{sl..-llln good standing. If a mortgage requires approval of the Buyer by the fnOrtgagee in ordr~ to avoid default, or for assumption by the Buyer of said
mortgage, and W the mortgagee does not approve the Buyer, the Buyer may rescind the Contract, or L.2J requires an increase in the interest rate or charge$ a fee
for any' reason In' excess of $100.00, the Buyer may rescind the Contract unless Seller elects to pay such increase or excess. Seller shall pay 50% of such fee up to
$50.00. Buyer shall use reasonable diligence to obtain approval. The arnount of any escrow deposits held by mortgagee shall be credited to Seller.
C. PURCHASE MONEY MORTGAGES: The purchase money note and mortgage, if any, shall provide for a 30 day grace periOd in the event of default If it is e
first mortgage and a 15 day grace periOd if a second mortgage; shall provide for right of prepayrnent in whole or in part 'w-ft-h"c'tut penalty; shall not provide for
acceleration in event of resale of the property; and shall' be otherwise in form and content required by Seller's attoNl1~Y"; pro\Line""d-... however. Seller may only re'.
quire clauses customarily found in rnortgages and mortgage notes generally utilized by savings and loan institutions in the coulit?, ~rr.arein the property Is located.
Said mortgage shall require the owner of the property encumbered to keep all prior liens and encumbrances. in. go.o.o ~ra-r>dip[J a"d.f~id the owner of the pro.
perty from accep ting modifications of or future advances under prior mortgage(s). All personal property bai.(:1g c\),,"veyed will, at >lPt<o,n '<ti. Seller. be subject to tha
lien of the mortgage and evidenced by recorded Financing Statements. ',,'~_- ", ~~a _:.:-... -_
D. SURVEY: The Buyer, within time allowed for delivery of evidence of title and examination thereof, m<>v hav~'tt).2. property sur"<;lIea at his expense. If tha
survey, certified by a registered Florida surveyor, shows any encroachment on said property or that i1nprov\2-m~n[s inl~i,(jed. to be 10r.ared'1J"n the subject property in
fact encroach on lands of others, or violate any of the Contract covenants, the same shall be treated as a tim '!efect. A..P?..sun;ey:p'repar~a-m connection with or as a
consequence of this tra.nsaction Inay include a description of the property under the 'Florida Coordinate SysteH1 as de{jf1'G~j in Chap tel 1177T=lorida Statutes.
E. TERMITES: The Buyer, within time allowed for delivery of evidence of title and examination'thereof":"r~no la0. -t.I:l.al1 'O<lays pr[orn ~IOsing, whichever date
occurs last, may have the irnprovelnents inspected at Buyer's expense by a Certified Pest Control Operat6,f--tO-dete'~e whet.her rhe.le is~--any visible active termite
infestation or visible existing dan1age from terrnite infestation in the improvements. If Buyer is informed of eif~e; 6-(t..oth of the fQr~ing'r Buyer will have 4 days
from data of written notice [hereof or 2 days after selection of a contractor, whichever Occurs first, within ,;Nh-k..h to have all da..tlll'JCs">whether visible or not, in-
spected and estimated by a licensed building or general contractor. Seller shall pay valid costs of 'treatment-and rt!'Jiqir of all pcn~[A up,to 1%% of Purchase Price.
Should such costs exceed that amount, Buyer shall have the option of cancelling Contract within 5 day's._arter: .rcc~lr1r 01 aCQr"llr'-ilcrQr'S repaTr estimate by giving
written notice to Seller, or Buyer nliJY elect to proceed with the transaction, in which event Buyer shall recei,ve a iie"uil atcl~)sing of an amount equal to 1 %% of
said Purchase Price. "Terrnite" shall be deemed to include all wOOd destroying insects. . .
F, INGRESS AND EGRESS: Seller c6venants and warrants that there is ingress and egress to the property.
G. LEASES: Seller shall, not less. than 15 days prior to closing, furnish to Buyer copies of all written leases and estoppel letters from each tenant specifying the
nature and duration of said tenant"s occupancy, rental rates and advanced rent and security deposits paid by tenant. In the event Seller is unable to obtain such
letters from each tenant, the same information shall be furnished by Seller to Buyer within said time period in the form of a Seller's affidavit, and Buyer may
thereafter contact tenants to confirm such information. Seller shall deliver and assign all original leases to Buyer et closing,
H. LI ENS: Seller shall, both as to the realty and personalty being sold hereunder, furnish to Buyer at time of closing an affic1avit attesting to the absence unless
otherwise provided for herein, of any financing stiJtements, claims of lien or potentlallienors known to Seller and further attesting that there have been no improve"
ments to the property for 90 da.ys irnmediately preceding date of closing. If the property has been improved within said time, Seller shall deliver releases or waivers
of all mechanic's liens, execu ted by general contractors, subcontractors, suppliers, and materialmen, in addition to Seller's lien affidavit setting forth the names of
all such general contractors, subcontractor5, suppliers and materialmen and further reciting that in fact all bills for work to the subject property which could serve
8S a basis for a mechanic's lien have been paid or will be paid at closing.
I. PLACE OF CLOSING: Closing shall be heid in county wherein property is located, at the office of attorney or other closing agent designated by Seller.
J. TIME: Time is of the essence of this Contract. Any reference herein ~o time periods of less than 6 days shall in the computation thereof exclude Saturdays, Sun-
days and legal holidays, and any time periOd provided for herein which shall end on a Saturday. Sunday or legal holiday shall extend to 5:00 p.m. of the next full
busin~ss day.
K. DOCUMENTS FOR CLOSING: Seller shall furnish deed, mechanic's lien affidavit, assignments of leases, and any corrective instruments that may be required in
connection with perfecting the title. Buyer shall furnish closing-statement, mortgage, mortgage note, and financing statements.
L. EXPENSES: State surtax and documentary stamps which are required to be affixed to the instrument of conveyance, intangible tax on and recording of pur.
chase money mortgage to Seller, and cost of recording any corrective instruments shall be paid by Seller. Documentary stamps to be affixed to the note or notes
secured by the purchase money mortgage, cost of recording the deed and financing statements shall be paid by Buyer.
M. PRORATION OF TAXES (REAL AND PERSONAL): Taxes shall be prorated based on the current year's tax with due allowance made for maximum allowable
discount and homestead or other exemptions jf allowed for said year. If closing occurs at a date when the current years millage is not fixed, and current year's
essessment is available, taxes will be prorated based upon such assessment, and the prior year's millage. If current year's assessment IS not available, then taxes will
be prorated on the prior year's tax; provided, however. if there are completed improvements on the property by January 1 st of year of closing, which. Improvements
were not In existence on January. 1st of the prior year, then ta:-<es shall be pro~ated based upon the prior year's millage and at an equitable assessment to be agreed
upon betwoen the parties, failing which, request will be made to the County Property Appraiser for an informal assessment taking into consideration homestead
ox emption, if any. However, any tax proration based on an estimate may at reque~t of either party to the transaction, be subsequently readjusted upon receipt of
"ax bill on condition that a statement to that effect is set forth in the clos.ing statement.
'. SPECIAL ASSESSMENT LIENS: Certified, confirmed and ratified special assessment liens as of date of closing (end not as of date of Contract) are to be paid
tJ'I Seller. Pending liens as of date of closing shall be assumed by Buyer, provided, however, that where the improvement has been substantially complated as of the
date of Contract. such pending lien shall be considered as certified, confirmed or ratified and Seller shall, at closing, be charged an amount equal to the last estimate
by the public body, of the assessment for the improvement.
O. PE RSONAL P ROPE RTY INSPECTION, R EP AI R: Seller warrants that all major appllanc.~s, heating. cooling. electrical, plumbing systems, and machinery are In
working condition as of 6 days prior to closing. Buyer may. at his expense, have inspections made of said items by licensed persons dealing in the repair and main-
tenance thereof, and shall report in writing to Seller such items as. found not in working condition prior to taking of possession thereof. or 6 days prior to closing,
whichever is first. Unless Buyer reports failures within said period, he shall be deemed to have waived Seller's warranty as to failures not reported. Valid reported
failures shall ba corrected at Seiler's cost with funds therefor escrowed at closing. Seller agrees to provide access for inspection upon reasonable notice.
P. RISK OF LOSS: If the improvements are damaged by fire or other casualty prior to closing, and costs of restoring same does not exceed 3% of the Assessed
Valuation of the improvements so damaged, cost of restoration shall be an obligation of the Seller and closing shall proceed pursuant to the terms of Contract
with cost therefor escrowed at closing. In the event the cost of repair or resturation exceeds 3% of the assessed valuation of the improvements so damaged, Buyer
shall hava the option of either taking the property as is, together with aither the said 3% or any insurance proceeds payable by virtue of such loss or damage, or of
canceling Contract and receiving return of deposit(s) made hereunder.
a. MAINTENANCE: Notwithstanding provisions of Standard 0, between Contract date and closing date, personal property referred to in Standard 0 and real
property, Including lawn, shrubbery and pool, if any. shall be maintained by Seller in conditions they existed as of Contract date, ordinary wear and tear excapted,
R. PROCEEDS OF SALE ANO CLOSING PROCEDURE: The deed shall be recorded upon clearance of funds and evidence of title continued at Buyer's expense.
to show title In Buyer. without any encumbrances or change which would render Seller's title unmarketable. frorn the date of the last evidence and the cash pro-
ceeds of sale shell be held in escrow by Seller's attorney or by such other escrow agent as may be mutually agreec1 upon for a periOd of not longer than 5 days
from and after closing date, If Seller's title is rendered unmarketable, Buyer snail within said 5 day period, notify Seller in writing of the defect and Seller .hall
have 30 days from date of receipt of such notification to cure said defect. In the event Seller fails to timely cure said defect, all rnonics paid hereunder shall, upon
written demand therefor and within 5 days thereafter, be returned to Buyer and, simultaneously with such ropaynlent, Buyer shall vacate the premises and recon..
vey the property In question to the Seller by special warranty deed. In the event Buyer fails to make timely dernand for refund, he shall toke title a' is, waiving all
rlyhts against Seller os to such intervening dofect except as may be available to Buyer by virtue of warranties, if any, contained in deed. In the event a portion of the
purchase price Is to bo derived trofn institutional financing or re.financlng, the requirements of the lending institu tion as to place, tirne and procedures for closing,
end for disbursement of mortgage proceeds, shall control, anything in this Contract to the contrary notwithstanding, Provided, however, that the Seller shall have
the right to require from such lending institution at closing a commitment that it will not withhold disbursement of mortgage proceeds as a result of any title defect
attributable to Buyer. mortgagor.
S. ESCROW: Any escrow agent receiving funds is authorized and agrees by acceptance thereof to promptly deposit and to hold Sillnc in escrow and to disburse
same subject to clearance thereof in accordance with terms and conditions of Contract. Failure of clearance of funds shall not excuse J.,lerforrnance by the Buyer.
In the event of doubt as to his duties or liabilities under the provisions o.f this Contract, the escrow agent may in his sole discretion, continue to hold the monies
which are the subject of this escrow until the parties mutually agree to the disbursement thereof, or until a, judglnent of a court of cOlnpetent jurisdiction shall
determine the rights of the parties thereto, or he may deposit all the monies then held pursuant to this Contract with the Clerk of the Circuit Court of the County
having jurisdiction of the dispute, and upon notifying all parties concerned of such action, all liability on the part of the oscrow agent shall fully terminate, except
to the extent of accounting for any nlonies theretofore delivered out of escrow. If a licensed real estate broker, the escrowee will cOfnply with provisions of Section
475.25 (1) {c}, F.S., as 8lnendcd. In the event of any suit between Buyer and Seller wherein tho escrow agent is nlade a party by virtue of acting as such escrow
f'gent hereunder, or tn the event of any suit wheroin escrow agent interpleads the subject matter of this escrow, the escrow agent shall be entitled to reCOver a
'-~asonab'e attorney's fee and costs incurred, said fees and costs to be charged and assessed as court costs in favor of the prevailing party. All parties agree that the
.,crow agent shall nOt be liable to any party or person whomsoever for misdelivery to Buyer or Seller of monies subject to this escrow, unless such misdelivery shell
'". due to willful breach of this Contract or gross negligence on the part of the escrow agent.
T. ATTORNEY FEES AND COSTS: In connection with any litigation Including appellate proceedings arising out of this Contract, the prevailing party shall ba
entitled to recover reasonable attorney's fees and costs.
U. DEFAULT: If Buyer fails to perform this Contract within the time specified, the deposit(s) paid by the Buyer aforesaid may be retained by or for the account
of Seller as liquidated damages. consideration for the execution of this Contract and in full settlernent of any c1airns; whereupon all parties shall be relieved of
all Obligations under the Contract; or Seller, at his option, may proceed at law or in equity to enforce his legal, rights under this Contract. If, for any reason other
thon failure of Seller to render his title rnarketilble ufter diligent effort. Seller fails, neglects or refuses to perforrn this Contract, the Buyer Inay seek specific per-
formance or elect to receive the return of his deposit(s) without thereby waiving any action for damages resulting from Seller's breach,
V, CONTRACT NOT RECORDABLE, PERSONS BOUNO AND NOTICE: Neither this Contract nor any notice thereof shall be recorc1ed in any public records.
This Contract shall bind and inure to the benefit of the parties hereto and their successors in interest. Whenever the context permits, singular shall include plural and
one gender shall include all, Notice given by or to the attorney for either party shall be as effective as if given by or to said party,
W. PRORATIONS AND INSURANCE: Ta.es, nssessments, rent, interest. insurance and other expenses and revenue of said property shall be prorated as of date
of closing. Buyer shall have the option of taking over any existing policies ()f insurance on the property, if lissLJfnable, in whic" event pre,niums sholl be prorated.
"The cash at closing shall be increased or decreased as may be required by said prorations. All references in Contract to prorations as of date o'f closing will be
deemed "'date of occupancy" if occupancy occurs prior to closing, unless otherwise provided for herein.
X. CONVEY ANCE': Seller shall convey title to tha aforosDid real property by statutory warranty deed subject only to mattors contained in Paragraph VII hereof,
Persona' property shall, at the request of Buye" be convayed by an absolute bill of sale with warranty of title. subject to such liens as may be otherwise provided
for herein." I (
Y. OTHE R AG ~E'!t'J-~r-.::r No prior or presen agreements or representations shall be binding upor any of the parties hereto unless Incorporated In
,his Contract, No rnodificali,'or change in this Con,ract shall be valid or binding upon th.. parties unless in , riling, e.eclltecl hy the parties to be bound thereby,
It. ~..t.--~-!,"'~.J..
~ONTRACT FOR SALE AND PURCHA
BAR/FAR Form No.2
PARTIES: Dorothy A. Glover, ind iduallv and as aqent
1001 (~Salle Street, Clearwater, Florida 33515
and City of Clearwater, rlorida
of P.O. Box 4748, Clearwater, Florida 33518 (Phone
hereby egree that the Seller shall sell and Buyer shall buy the following property upon the fallowing terms and conditions WHICH
Real Estate Transactions on the reverse hereof or attached hereto, hereinafter referred to 8S uStandard(s)".
of
for rernairu: q tenant in common owne~ "Seller".
(Phone 441-2596 l.
l.
INCLUDE the Standards For
462-6638
, as "Buyer",
I.
DESCRIPTION:
(a) Legal description of real estate located In
Pinellas
County. Florida:
Lots 5 and 6 of the Janie Daniels Subdivision, according to the map or plat
thereof as recorded in Plat Book 5, Page 23 of the Public Records of Pinellas
County, Florida.
(b) Street address, if any, of the property being conveyed is
(c) Personal property included: None
None
II.
PURCHASE PRICE: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , . . . . . . . . , . , . . . . , , . . , .$
PAYMENT:
(a) Deposit(s) to be held in escrow by
72,000.00
in tha amount of. . . . .$
N/A
(b) Subject to AN D assumption of Mortgage in favor of
interest $
bearing interest at % per annum and payable as to principal and
par month, having an epprox imate present principal balance of. . . . . $
TOTAL
.$
$
.$
.$
N/A
N/A
N/A
72,000.00
72,000.00
(c)
Purchase money mortgage and note bearing interest at
principal amount of . . . . . . . . . . . . . . . . . . . .
% on terms set forth herein below, In the
(d)
(e)
Other
Balance to close, (U.S. cash, certified or cashier's check) subject to edJustments end prorations.
III. FINANCING: If the purchase price or any part thereof Is to be flnenced by a third party loan. this Contract for Sale and Purchese, hereinafter referred to as
"Contract". II conditioned upon the Buyer Obtaining a firm commitment for said loan within daVI from dete hereof. at an interest fate not- to exceed
%; term of _years; and in the prll.clpal amount of $ . Buyer agrees to make application for, end to use rea.onable dili-
gence to obtain said loan. Should Buyer fall to obtain same. or to waive Buyer's rights hereunder within said time, elthar party may cancel Contract.
I V. T ITL E EV IDE NC E: Within 30 days from date of Contract. Seller shall. at his expense. deliver to Buyer or his attorney, in accordance with Standard A.
either (C H EC K) 0 (,) or l1F (2): (,) abstract. or (2) title insurance commitment with fee owner's title policy premium to be paid bM selleh at ~'.IIsin~
V. TIME FO R ACCEPTANCE AND EF F ECTIVE DATE: If this offer is not executed by both of the parties hereto on or before arc 2 ~ 987 ,
the aforesaid deposit(s) shall be, at the option of Buyer. returned to him and this offer shell thereafter be null and void. The date of Contract shell be the date
when the last. one of the Seller and Buyer has signed this offer. ' befi t-h
VI. CLOSING DATE: This transaction shall be closed and the deed and other closing papers delivered oRfhe ore 15'tlj,y of April
'9 87. . unless extended by other provisions of Contract.
VII. RESTRICTIONS. EASEMENTS, LIMITATIONS: The Buyer shall take title subject to: Zoning. restrictions, prohibitions and other requirements Imposed by
governments I authority; Restrictions and matters appearing on the plat or otherwise common to the subdivision; Public utility easoments of record. (provided saip
eosements Bre located contiguous throughout the property lines and are not more than 10 feet in width as to the rear or front lines end 7% feet In width as to the
side lines, unless otherwise specified herein); Taxes for year of closing and subsequent years, assumed mortgages and purchase money mortgages, If any;
None
other:
Commercial Use
provided. however, that none of the foregoing shall prevent use of the property for the purpose of
VIII. OCCUPANCY: Seller represents that there are no parties in occupency other than Seller. but if property is intended to be rented or occupied beyond
closing, the fact and terms thereof shall be stated herein, and the tenant(s) shall be disclosed pursuant to Standard G. Seller agrees to deliver occupancy of property
at time of closing unless otherwise specified below. If occupancy Is to be delivered prior to closing, Buyer .assumes all risk of 1055 to property from date of occu-
pancy, shall be responsible and liable for maintenance thereof from seid date. and shall be deemed to have accepted the property, real. and personal, In Its existing
condition as of time of tak Ing occupancy unless otherwise noted in writing.
IX. ASSIGNABILITY: (CHECK ONE) Buyer Omay assign 00 may not assign, Contract.
X. TYPEWRITTEN OR HANDWRITTEN PROVISIONS: Typewritten or handwrltten'provisions inserted herein or attached hereto as Addenda shell control
all printed provisions in conflict therewith.
XI. SPECIAL CLAUSES:
1. The Buyer will arrange for Title Insurance and pay for the Title Insurance Policy.
2. The Buyer will pay for the State Documentary Stamps to be placed on the Deed.
3. The Seller agrees to not withdraw this offer to sell prior to March 23, 1987.
THIS IS INTENDED TO BE A LEGALLY BINDING CONTRACT.
IF NOT FULLY UNDERSTOOO, SEEK THE ADVICE OF AN ATTORNEY PRIOR TO SIGNING.
THIS FORM HAS BEEN APPROVED BY THE FLORIDA ASSOCIATION OF REALTORS AND THE.fLORIDA BAR
Copyright 1978 by The Florida Bar and the Florida Association of REALTORS
WITN ESSES: (Two recommended)
Executed by Buyer on
CITY Of CLEARWATER,
By:
City Manager
Attest:
City Clerk
Executed by Seller on
rlORIDA
(SEAL)
(Buyer)
(SEAL)
WITNESSESS: (Two recommended; required if Homestead)
FebruaiYUY2~, 1987
m~,.q, ~"
(SEAL)
c9~u/~
&~/\/l1 (L A xLe.a~~ ~J1
I
Deposit(s) under II (a) received; if check, subject to clearance.
(Seller)
By;
(SEAL)
(SEAL)
CQ
.:J) )Name of Broker)
l) D-\,(rtOltO I I'
F1c-j1 ().fb.j I;). 109- 7
(Seller)
"' \
A. EVIDENCE OF TITLE: Cil An ~U of title prepared or brought current by a reputable anu existing abstrLlct firm (jf not cx.isting thdn certified as correct by
an existing firrn) purporting to be an accurate synopsis of the instruments affecting the tille to subject real property rcconJcll in the public records at tho county
wherein the land Is situotod, through data of Contract. An abstract shall commence with the cilrliest public records, or sLlch IOlor dale ilS may be customary In tho
county wherein the land is situated. Seller shall convey a marketable title in accordance with Title Standards arlopted frorn tirne to tilne by The Florida Bar, subject
only to liens,. encumbrances, exceptions or qualifications set forth in this Contract and those which shall be dischiHged by Seller ilt or before closin,9. ,Upon closing
of this transaction such abstract shall become the property of Buyer, su~ject to the right of retention thereof by first rnortgagec lllllil fUlly paid; Or l2J 8 tltlo Insur.
ance commitment Issued by n qualified title insuror agreeing to issue to Buyer, upon recording of the deed to Buyer, an Owner's policy of title insurCtnce In the
amount of the purchase price. insuring title of the Buyer to the real property, subject only to liens, encumbrances, exceptions or Qualifications set 10rth in this
Contract end those which shall be discharged by Seller at or before closing. Buyer shall have 30 days, if abstract, or 5 days, if litle commitmenl, from dete of reo
ceiving evidence of title 10 examine same. If title is found defective, Buyer shall, within 3 days thereafter. notify Seller in writing specifying defect(.).
If said defect(s) render title unmarketable, Seller shall have 120 days from receipt of notice within which to remove said defect(s), and if Seller 15 unsuccessful In
ramovlng them within soid lime, Buyer shall have the option of either (1) accepting the title a. it then i., or (2) demanding a refund of all monle. paid hereunder
which shall forthwith be returned to Buyer and thereupon Buyer and Seller shall be released as to one another. of all further obligations under the Contract; how-
ever, Seller agrees that he will, if title is found to be unmarketable, use diligent effort to correct the defect(s) in title within the tirne provided therefor, Including
the bringing of necessary suits,
B, EX ISTING MORTGAGES: Seller shall furnish a .tatement from the mortgagee(s) setting forth principal balance, method of payment, interest rate and whether ",
the mortgage. (s).-i~ In good slanding, If a mortgage requires approval of the Buyer by the mortgagee in ordlli, to avoid defaUlt, or for assumption by Ihe Buyer of said
mortgage, and W the mortgagee does not approve the Buyer, the Buyer may rescind the Contract, or [2J requires an increase in the'interest rate or charge$ a fee
for any' reason in excess of $100.00, the Buyer may rescind the Contract unless Seller elects to pay such increase or excess. Seller shall pay 50% of such fee up to
$50,00. Buyer shall use reasonable diligence to obtain approval. The amount of any escrow deposits held by mortgagee shall be credited to Seller,
C. PURCHASE MONEY MORTGAGES: The purchase money note and mortgage, if any, .hall provide for a 30 day grace period in the event of default If it Is a
first mortgage and a 15 day grace period if a second mortgage; shall provide for right of prepayrnent in whole or In part without penalty; sh'al! not provide for
acceleration in event of resale of the property; and shall be otherwise in form and content required by Seller's attorney; provided, however, Seller may only ra.
quire clauses customarily found in rnortgages ann mortgage notes generally utilized by savings and loan institutions in the county wherein the property Is located.
Said mortgage shall require the owner of the property encumbered to keep all prior liens and encumbrances in good standinn and forbid the owner of the pro.
perty' from accepting modifications of or future advances under prior mortgage(s). All personal property being conveyed will, at option of Seller, be subject to the
lien of the mortgage and evidenced by recorded Financing Statements.
O. SURVEY: The Buyer, within time allowed for delivery of evidence of title and examination thereof, may have the property surveyed at his expense. If the
survey. certified by a registered Florida surveyor, shows any encroachment on said property or that irnprovements intended to be located on the subject property in
fact encroach on lands of others, or violate any of the Contract covenants, the same shall be treated as a title defect. Any survey prepared in connection with or as a
consequence of this tra"nsaction rnay include a description of the property under the Florida Coordinate Syste,n as defined in Chaprer 177, Florida Statutes.
E. TERMITES: The Buyer, within tirne allowed for delivery of evidence of title and examination.thereof, or no Inter than 10 clays prior to closing. whichever date
occurs last, may have the irnprovernents inspected at Buyer's expense by a Certified Pest Control Operator to deterrnine whether there is any visible active termite
infestation or visible existing danlagc from terrnite infestation in the ifnprovements. If Buyer is inforrnerl of either or both of the foregOing, Buyer will have 4 days
from date of written notice thereof or 2 days .after selection of a contractor, whichever occurs first, within which to have all dalll~Ycs, whether visible or not, In-
spected and estimated by a licensed building or general contractor. Seller shall pay valid costs of treatment and repair of all diJtnoge up to 1 }S% of Purchase Price.
Should such costs exceed that ilrnount, Buyer shall hove the option of cancelling Contract within 5 day.s after receipt of cOnlrOlC[Or'S re'Pii1r estimate by giving
written notice to Seller, or Buyer rnay elect to proceeu with, the transaction, in which event Buyer shall receive a credit at closing of an arnount equal to 1}}% of
said Purchase Price. "Terrnite" shall be deemed to include all wood destroying insects.
F, INGRESS AND EGRESS: Seller c6venants and warrants that there is ingress and egress to the property.
G. LEASES: Seller shall, not less than 15 days prior to closing, furnish to Buyer copies of all written leases and estoppel letters from each tenant specifying the
nature and duration of said tenant's occupancy, rental rates and advanced rent and security deposits paid by tenant. In the event Seller is unable to obtain such
letters from each tenant, the same information shall be furnished by Seller to Buyer within said timE:: period in the form of a Seller's affidavit, and Buyer may
thereafter contact tenants to confirnl such information. Seller shall deliver and assign all original leases to Buyer at closing.
H. LIENS: Seller shall, both a. to the realty and personalty being .old hereunder, furnish to Buyer at time of closing an affinavit attesting to the absence unless
otherwise provided for herein, of CJny financing statements, claims of lien or potentiallienors known to'Seller and fu'(ther attesting that there have been no improve.
ments to the property for 90 d~ys irnmediately preceding date of closing. If the property has been improved within said time, Seller shall deliver releases or waivers
of all mechanic's liens, executed by general contractors, subcontractors, suppliers, and materialrnen, in addition to Seller's lien affidavit setting forth the names of
all such general contractors, subCOntractors, suppliers and materialmen and further reciting that in fact all bills for work to the subject property which could serve
as a b-asis for a mechanic's lien have been paid or will be paid at closing.
I. PLACE OF CLOSING: Closing shall be held in county wherein property i. located, at the office of attorney or other closing agent designated by Seller.
J. TIME: Time i. of the essence of this Contract, Any reference herein to time period. of less than 6 days shall in the computation thereof exclude Saturday., Sun-
days and legal holidays, and any time periOd provided for herein which .hall end on a Saturday, Sunday or legal holiday shall extend to 5:00 p.m. of tha next full
business daV_
K. DOCUMENTS FOR CLOSING: Seller shall furnish deed, mechanic's lien affidavit, assignments of leases. and any corrective in.truments that may be required in
connection with perfecting the title. Buyer shall furnish closing. statement, mortgage, mortgage note, and financing statements~
L. EXPENSES: State surtax and documentary stamps which are required to be affixed to the instrufnent of conveyance, intangible tax on and recording Of pur-
chase money mortgage to Seller, and cost of recording any corrective instrument. shal.1 be paid by Seller. Documentary stamps to be affixed to the note or note.
.ecured by the purcha.e money mortgage, cost of recording the deed and financing statements shall be paid by Buyer.
M. PRORATION OF TAXES (REAL AND PERSONAL): Taxes shall be prorated based on the Cllrrent year's tax with due allowance made for maximum allowabla
discount and homestead or other exemptions if allowed for said yeer. If c1o.ing occurs at a date when the current year's millage i. not fixed, end current yeer'.
assessment Is available, taxes will be prorated based upon such assessment, and the prior year's millage. If current year's assessment is not available, then taxes will
be prorated on the prior year's tax; provided, however, If there are completed improvements on the property by January 1st of year of closing, which Improvements
were not In existence on January, 1st of the prior year, then taxes shall be prorated based upon the prior year's rnillage and at an equitable assessment to be agreed
upon between -the parties, failing which, request will be made to the County Property Appraiser for an informal asseSSIYWrH tak ing into consideration homestead
ox emption, if any. However, any tax proration based on an estimate may at reque~t of either party to the transaction, be subsequently readjusted upon receipt of
tax bill on condition that a statement to that effect is set forth in the clofaing statement.
N. SPECIAL ASSESSMENT LIENS: Certified, confirmed and ratified special assessment liens as of date ofclo.ing (and not as of date of Contract) are to be peld
by Seller. Pending lien. as of date of closing shall be a.sumed by Buyer, provided, however, that where Ihe improvement has been .ub.tantially completed as of the
date of Contract, .uch pending lien shall be con.idered a. certified, confirmed or ratified and Seller shall, at closing, be charged an amount equal to the last estimate
by the public body, of the assessment for the improvement. .
O. PE RSONAL PROPE RTY INSPECTION, R EP AI R: Seller warrants that all major applianc.~s, heating, cooling, electrical, plumbing .y.tems, and machinery are In
working condition as of 6 day. prior to closing, Buyer may, at his expense, have inspection. made of said items by licensed persons dealing in the repair and main-
tenance thereof, and shall report in writing to Seller such items as, found not In working condition prior to taking of possession thereof, or 6 day. prior to closing,
""hichever is first. Unless Buyer report. failure. within .aid period, he .hall be deemed to have waived Seller's warrallty as to failure. not reported, Valid reportad
'ailures .hall be corrected at Seller'. cost with funds therefor e.crowed at closing. Seller agree. to provide access for inspection upon reasonable notice.
P. RISK OF LOSS: If the improvement. are damaged by fire or other ca.ualty prior to closing, and costs of restoring same doe. not exceed 3% of the Assessed
Valuation of the improvement. so damaged, co.t of re.toration shall be an obligation of the Seller and closing shall proceed pursuant 10 the term. of Contract
With cost therefor escrowed at closing. I n the event ~he cost of repair or restoration exceeds 3% of the assessed valuation of tho improvements so damaged, Buyer
shall have the option of either taking the property as i., together with either the .aid 3% or any insurance proceeds payable by virtue of such los. or damage, or of
canceling Contract and receiving return of deposit(s) made hereunder.
a. MAINTENANCE: Notwithstanding provision. of Standard 0, between Contract date and closing datei personal property referred to in Standarrt 0 and real
property, Including lawn, shrubbery and pool, if any, .hall be maintained by Seller in conditions Ihey existed as of Contract dale, ordinary wear and tear axcepted.
R. PROCEEDS OF SALE AND CLOSING PROCEDURE: The deed shall be recorded upon clearance of funds and evinence of title continued at.Buyer'. expense,
to show title in Buyer, without any encumbrances or change which would render Seller's title unmarketable, fronl the date of the last evidence and the cash pro~
ceeds of .ale shall be hald in escrow by Saller's attorney or by such other e.crow agent as may be mutuully agreed upon for a period of not longer than 5 days
from and after clo.ing date, ff Seller'. title is rendered unmarketable, Buyer shall within seid 5 day period, notify Seller in writing of the defect and Seller shail
have 30 days from date of receipt of such notification to cure said defect. In the event Seller fails to timely cure said defect, all rnonics paid hereunder shall, upon
written demand therefor and within 5 days thereafter, be returned to Buyer and, simultaneously with such ropaynlent, BUYfH shall vacate the premises and rec:on~
vey the property In question to the Seller by special warranty deed. In the event Buyer fails to make tirnely dernand for refund, he shall take title 8S is, waiving all
r1uhts against Seller as to such intervening.dolect except as may be availablo to Buyer'by vi'rtue of warranties.- if any, contained in <.Jeed. In the event a portion of the
purchase price Is to bo derived trorn Institutional financing or re-financlng, the requirements of the lending institution as to place, tirne and procedures for closlno.
and for disbursement of mortgage proceeds, shall control, anything in this Contract to the contrary notwithstanding, Provided, however, that tha Seller shall have
the right to require from such lending institution at closing a commitment that it will not withhold dishursement of mortgage proceeds as a result of any title dafect
attributable to Buyer. mortgagor.
S. ESCROW: Any escrow agent receiving funds is authorized and agrees by acceptance thereof to promptly depo$it and to hold sOlno in escrOW and to disburse
same subject to clearance thereof in accordance with tern1S and conditions of Contract. Failure of clearance of funds shall not excuse perfonnance by the Buyer.
In the event of doubt as to his duties or liabilities under the provisions 0.1 this Contr~ct, the escrow agent may-jn his sole discretion, continue to hold the monies
which are the subject of this escrow until the parties ,nutuallv agree to the disbursement thereof, or until a judgrnent of a court of c01llpetent jurisdiction shall
deterrnine the rights of the parties theroto, or he may deposit all the monies then held pursuant to this Contract with the Clerk of the Circuit Court of the County
having jurisdiction of the dispute, and upon notifying all parties concerned of such action, all liability on the part of the escrow agellt shall fully terminate, except
to the extent of accounting for any rnonies theretofore delivered out of escrow, If a licensed real estate broker, the escrowee will comply with provisions of Section
475.25 (1) (c), F.S., as arnendf1d. In the evellt of any suit between Buyer and Seller wherein tho escrow agent is rnade a party by virtue of acting as such escrow
agent hereunder, or In the evant of any suit wherein escrow agent interpl~ads the subject rnatter of this escrow, the escrow agent shall be entitled to recover B
reasonable attorney's fee and costs incurred, said fees and costs to be charged and assessed as court costs in favor of the prevailing party. All parties agree that the
escrow agent shall nOt be liable to any party or person WhO"1SOeVer for misdelivery to Buyer or Seller of monies subject to this escrow, unless such misdelivery shall
be due to willful breach of Ihis Contract or gross negligence on the part of the e.crow agent.
T. ATTORNEY FEES AND COSTS: In connection with any litigation including appellate proceedings arising out of this Contract, the prevailing party shall be
entitled to recover reas.onable attorney's fees and costs.
U. DEFAULT: If Buyer fails to perform this Contract within the time specified, the deposit(s) paid by the Buyer aforesaid may be retained by or for the account
of Seller as liquidated da'n~ges, consideration for the execution of this Contract and in full settletnent of any c1ai,ns; whereupon all J..>arties shall be relieved of
all obligations under the Contract; or Seller, at his option, may proceed at law or in equity to enforce his legal rights under this Contract. If, for any reason other
than failure of Seller to render his title roarketable after diligent effort, Seller 1ails, neglects or refuses to perforrn this Contract, the Buyer In~y seek specific per~
forlnance or elect to receive the return of his deposit(s) without thereby waiving any action for dalTlages resulting from Seller's hreach.
V. CONTRACT NOT RECORDABLE, PERSONS BOUND AND NOTICE: Neither this Contract nor any notice thereof shall he recorded in any public record..
This Contract shall bind and inure to the benefit of the parties hereto and their successors in interest. Whenever the contc)(t perrnits, singular shall include plural and
one gender shall include all. Notice given by or to the attorney for either party .hall be as effective a. if given by or to said party.
W. PRORATIONS AND INSURANCE: Taxes. ossessme"ts, rent, interest, in.urance ann other expenses and revenue of said property sholl be prorated a. of date
of closing. Buyer shall have the option of tnking over any existing policies ()f insurance on the property, if nssurnable, in which event prefniums shall be prorated.
The cash at closing shall be increased or decreased as may be required by said prorations. All references in Contract to prorations as of date of closing will be
deemed "date of occupancy" if occupancy occurs prior to Closing, unless otherwise provided for herein.
X. CONVEY ANCI;: Seller sl.all convey title to the aforesDid real property by slatutory warranty deed subject only to matters contained in Paragraph VII hereof.
Personal property shall, at the request of Buyer, be conveyed by an absolute bill of sale with warranty of title, subject to such lien. as may be otherwise provided
for herein. '. I I
Y. O-;-;i'-pE:.R AG,qJ(.fAtE.w;~-~... No prior or present greements or representations sh~lI be binding upon ny of the parties hereto unless Incorporated In
this Cont;..ct. N~o n;'odificat;.,~_o or change in ttlis Con~ ,act shall be villirl or binding llpon the parties unless in... riling, e)(eclHed hy the parties to be hound thereby.
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CITY OF CLEARWATER
Interdepartment Correspondence Sheet
TO:
Cynthia E. Goudeau, City Clerk
M. A. Galbraith, Jr., City Attorney ~
FROM:
SUBJECT: Purchase from Glover (for future development) of Lots 5 and 6,
Janie Daniel's Subdivision
DATE:
December 10, 1987
The subject purchase has been completed and enclosed are the following documents:
Settlement Statement
Personal Representative's Deed from Edward W. Stone, as Personal
Representative of Estate of Fannie B. Gordon Stone, deceased, to
City of Clearwater dated 11/3/87
Personal Representative's Deeds from Clifford Dorsey, as Personal
Representative of Estate of Kizzie Martin Dorsey a/k/a Kizzie
Dorsey, deceased, to City of Clearwater dated 4/9/87
Warranty Deed from Frankie Bryan to City of Clearwater dated 4/1/87
Warranty Deed from Walter K. Nattiel, Jr., to City of Clearwater
dated 4/1/87
Warranty Deed from Dorothy A. Glover a/k/a Dorothy Glover to
City of Clearwater dated 4/8/87
Title Insurance Policy #OPM-121593 issued by Attorneys' Title
Insurance Fund, Inc., with attached copies of surveys
Five Affidavits of No Liens, one from each of the above-named grantors.
Contract for Sale and Purchase
All five deeds were necessary to obtain clear title to these two lots. They were
recorded on November 16, 1987.
MAG:jmp
Enclosures
cc: Dan Deignan, Finance Director w/copy of Settlement Statement
RECEIVED
DEe 10 )987
CIT:( CLERK
--
(Amen can Land Title Association Owner's Policy - Form B 1970 - ArTlE'flded 10-17-70)
OWNER'S TITLE INSU)~/-ti.JCE POLICY
Attorneys' Title Insurance Fund, Inc.
ORlANDO, FLORIDA
SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS CONTAINED IN
SCHEDULE B AND THE PROVISIONS OF THE CONDITIONS AND STIPULATIONS
HEREOF, ATTORNEYS' TITLE INSURANCE FUND, INC., a Florida corporation, herein called
The Fund, insures, as of Effective Date of policy shown in Schedule A, against loss or damage,
not exceeding the amount of insurance stated in Schedule A, and costs, attorneys' fees and
expenses which The Fund may become obligated to pay hereunder, sustained or incurred by
the insured by reason of:
1. 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;
3. Lack of a right of access to and from the land; or
4. Unmarketability of such title.
In Witness Whereof, ATTORNEYS' TITLE INSURANCE FUND, INC. has caused this policy to be
signed and sealed as of the date of policy shown in Schedule A, the policy to become valid
when countersigned by an authorized signatory.
",""1111'",
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l~\, SEALi~J By
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Ilil'",PL.OR'Of',\\\'"
11"""111111\\\\
Attorneys' Title Insurance Fund, Inc.
~~.
Charles J. Kovaleski
President
SERIAL
OPM- 121593
RJND FORM OPM
'Exclusions from Coverage
The following matters are expressly excluded from the coverage of this policy:
1. 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 such 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 Effective Date of policy.
3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed or
agreed to by the insured claimant; (b) not known to The Fund and not shown by the public records
but known to the insured claimant either at Effective 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 Fund prior to the date such insured claimant became an insured hereunder; (c)
resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to
Effective 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.
-,
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FUND OWNER'S FORM
t
SCHEDULE A
Policy or
Guarantee No. :OPM-12l593 Effective Date:November 19, 1987 M~mber's File Reference:3262
11:00 P.M.
Amount of Insurance: $ 72,000. 00
1.
Name of Insured:
CITY OF CLEARWATER, a Florida municipal corporation
2. The estate or interest in the land described herein and which is covered by this policy or guarantee is a fee simple (if
other, specify same) and is at the effective date hereof vested in the named insured as shown by instrument recorded in
Official Records Book 6622 , Page 1363 * , of the Public Records
of Pinellas County, Florida.
* Official Records Book 6622, Page 1373; Official Records Book 6622,
Page 1381; Official Records Book 6622, Page 1383; and Official
Records Book 6622, Page 1385, all
3. The land referred to in this policy or guarantee is described as follows:
Lots 5 and 6, of Janie Daniel's Subdivision, according to
the map or plat thereof, as recorded in Plat Book 5, Page
23, of the Public Records of Pinellas County, Florida.
ISSUED BY
WILDER, THACKER
& SMITHERMAN
2774
(Attorney or Firm of Attorneys)
MEMBER NO.
AT TO EY-MEMBER'S SIGNATURE
Fred J. Wilder
Clearwater
p _ () _ Rmc , R n R
(Mailing Address)
(City)
Florida,3 4617 -18 0 8
(Zip)
FUND Form OG/OP/OPM-SCH, A (Rev, 1/77) (11/82 DSI 15M)
I
FUND OWNER'S FORM
I
SCHEDULE B
Policy or Guarantee No.: OPM-121593
This policy or guarantee does not insure against loss Of damage by reason of the following exceptions:.
I. Taxes for the year of the effective date of this policy or guarantee and taxes or special assessments which are not shown as
existing liens by the public records.
2. Rights or claims of parties in possession not shown by the public records.
3. Encroachments, overlaps, boundary line disputes, and any other matters which would be disclosed by an accurate survey
and inspection of the premises.
4. Easements or claims of easements not shown by the public records.
5. Any lien, or right to a lien, for services, labor, or material heretofore or hereafter furnished, imposed by law ane! not
shown by the public records.
6. Exception 1 above waived. Exceptions 2,and 5 above waived per Affidavit.
Exceptions 3 and 4 above waived per Surveys by Evans Land Surveying,
dated 3/26/87, and designated as Invoice #87-255B and #87-255C (copies
attached hereto).
FUND Form OG/OP/OPM---SCH, B (Rev, 1/77) (5.'85 DSI 50M)
t:onditions and Stipulation1
insured, and The Fund 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 Fund shall have brought any action or
interposed a defense as required or permitted by the
provisions of this policy, The Fund may pursue any such
litigation to final determination by a court of competent juris-
diction and expressly reserves the right in its sole discretion,
to appeal from any adverse judgment or order.
(e) In all cases where this policy permits or requires The
Fund to prosecute or provide for the defense of any action or
proceeding, the insured hereunder shall secure to The Fund
the right to so prosecute or provide defense in such action or
proceeding, and all appeals therein, and permit The Fund to
use, at its option, the name of such insured for such purpose.
Whenever requested by The Fund, such insured shall give
The Fund all reasonable aid in any such action or proceeding,
in effecting settlement, securing evidence, obtaining wit-
nesses, or prosecuting or defending such action or proceeding,
and The Fund shall reimburse such insured for any expense
so incurred.
1. Definition of Terms
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 Fund may have had
against the named insured, those who succeed to the interest
of such 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
hereunder.
(c) "knowledge": actual knowledge, not constructive
knowledge or notice which may be imputed to an insured by
reason of any public records.
(d) "land": the land described, specifically or by reference in
Schedule A, and improvements affixed thereto which by law
constitute real property; provided, however, the term '1and"
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.
i. Continuation of Insurance After Conveyance of Title
The coverage of this policy shall continue in force as of
Effective 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 Fund, 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, or
a defense interposed against an insured in an action to enforce
a contract for a sale of the estate or interest in said land, 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 Fund promptly in writing
(i) in case any action or proceeding is begun or defense is
interposed 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 Fund
may be liable by virtue of this policy, or (iii) if title to the estate
or interest, as insured, is rejected as unmarketable. If such
prompt notice shall not be given to The Fund, then as to such
insured all liability of The Fund 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 Fund shall be prejudiced by such failure and
then only to the extent of such prejudice.
(c) The Fund 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
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 Fund is liable
under this policy shall be furnished to The Fund 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. Fail-
ure to furnish such statement of loss or damage shall
terminate any liability of The Fund under this policy as to
such loss or damage.
5. Options To Payor Otherwise Settle Claims
The Fund shall have the option to payor otherwise settle
for or in the name of an insured claimant any claim insured
against or to terminate all liability and obligations of The Fund
hereunder by paying or tendering payment of the amount of
insurance under this policy together with any costs,
attorneys' fees and expenses incurred up to the time of such
payment or tender of payment, by the insured claimant and
authorized by The Fund.
6. Determination and Payment of Loss
(a) The liability of The Fund 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.
(b) The Fund will pay, in addition to any loss insured
against by this policy, all costs imposed upon an insured in
litigation carried on by The Fund for such insured, and all
costs, attorneys' fees and expenses in litigation carried on by
such insured with the written authorization of The Fund.
(c) When liability has been definitely fixed in accordance
with the conditions of this policy, the loss or damage shall
be payable within 30 days thereafter.
7, Limitation of liability
No claim shall arise or be maintainable under this policy
(a) if The Fund, after having received notice of an alleged
defect, lien or encumbrance insured against hereunder, by
litigation or otherwise, removes such defect, lien or encum-
brance 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 determination by a court of compe-
tent 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 Fund.
CONDmONS AND STIPULATIONS (continued on reverse side)
CONDmONS AND STIPULATIONS (continued)
8. Reduction 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, 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 Fund.
9. Liability Noncumulative
It is expressly understood that the amount of insurance
under this policy shall be reduced by any amount The
Fund may pay under any policy insuring either (a) a
mortgage shown or referred to in Schedule B hereof which is a
lien on the estate or interest covered by this policy or (b) a
mortgage hereafter 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 paid shall be deemed a pay-
ment under this policy. The Fund 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 loss 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 amount of insurance under this policy was divided
pro rata as to the value on Effective Date of policy of each
separate parcel to the whole, exclusive of any improvements
made subsequent to Effective Date of policy, unless a
liability or value has otherwise been agreed upon as to each
such parcel by The Fund and the insured at the time of the
issuance of this policy and shown by an express state-
ment herein or by an endorsement attached hereto.
11. Subrogation Upon Payment or Settlement
Whenever The Fund shall have settled a claim under this
About your policy. . .
policy, all right of subrogation shall vest in The Fund
unaffected by any act of the insured claimant. The Fund 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 Fund, such insured
claimant shall transfer to The Fund all rights and remedies
against any person or property necessary in order to perfect
such right of subrogation and shall permit The Fund 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 Fund
shall be subrogated to such rights and remedies in the propor-
tion 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 Fund, 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 Fund by reason of the impairment of the right of
subrogation.
12. Liability Limited to This Policy
This instrument together with all endorsements and other
instruments, if any, attached hereto by The Fund is the entire
policy and contract between the insured and The Fund.
Any claim of loss or damage, whether or not based on
negligence, and which arises out of the status of the title to the
estate or interest covered hereby or 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 President, a Vice President, or agent of
The Fund.
13. Notices, Where Sent
All notices required to be given The Fund and any state-
ment in writing required to be furnished The Fund shall be
addressed to its principal office at 32 West Gore Street, Post
Office Box 2671, Orlando, Florida 32802.
This policy provides valuable title protection. You should keep it in a safe place where it will be readily available for future
reference, There is no recurring premium
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A SURVEY OF L~T ..5 '" ..../~A//E ~AI'A//EL5 ~'?/~L7/v/.5/t?A./
AS RECORDED IN PLAT BOOK ~ , PAGE Z' 5 , OF THE PUBLIC RECORDS
OF PINELLAS COUNTY, FLORIDA
~~~ ~,/f./'E?4 ~E~ ~7')/ ~~ .c'L'~....,,,4#"/7E~ ~,.;~ ~A/E" ~t?6" ~~/*.#5)
I HEREBY CERTIFY THAT THE SURVEY REPRESENTED HEREON MEETS THE MINIMUM
REQUIREMENTS OF CHAPTER 21 HH-6, OF THE FLORIDA ADMINISTRATIVE CODE.
DATE: 3'-...~-c57
EVANS LAND SURVEYING
(\) C"\.J';
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'LAR;A. EVANS
Ro. Reg. No. 2937
1780 MAIN STREET - UNIT D
DUNEDIN, FLORIDA 33528 PH: 734 - 3821
OWN. BY: ..../~~
INV. NO. ~/...,,1,5Se
..::5"~~~~~~y ~~,-L?YEY
PREPAREOFOR: ~/'T/ a . ~~E./~/~;:,;r4iF~
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A SURVEY OF L.:.:'T co ;' ../,..,A.//E ~~A//EL5 :":'~di'.:;?/V/.:>/dA./
M RECORDED IN PLAT BOOK ~ , PAGE ..Lff... , OF THE PUBliC RECORDS
OF PlNElLAS COUNTY, flORIDA.
/."7~~ ~A/E C' ~4'~ ~?')/ .:;'~ ~.c.r"""',..o?.#"//4...-'?' ..-v.;~ ~vE..c ~/.5 ~~"'-~.:!1')
I HEREBY CERTIFY THAT THE SURVEY REPRESENTED HEREON MEETS THE MINIMUM
REQUIREMENTS OF CHAPTER 21 HH-6, OF THE FLORIDA ADMINISTRATM CODE.
DATE: y-.f~-d7
OWN. BY: A-d
tNV. NO.~,...7.
1780 MAIN STREET - UNIT D
DUNEDIN, FLORIDA 33528 PH: 734 - 3821
EVANS LAND SURVEYING
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tAR L EVANS
Fla. Reg. No. 2937
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B. Ty of Loan
8. Fie Numbe'
7. loen Numbs,
8. Mortgege lnau,lInce ease Numbe,
1. 0 FHA
4. 0 VA
2. 0 FmHA 3. 0 Cony. Unins.
5. 0 Cony. IllS.
l'ilTS-3262
C. NOTE: This form is furnished to give you a statement of actual settlement costs. Amounts paid to andby the settlement agent
are shown. /tems marked U(p.o.c,)" were paid outside the closing; they are shown here for informational purposes and
are not included in the totals.
O.NAME ANOAOORESS OF BORROWER: City of Clearwater
P.O. Box 4748
Clearwater, FL 34618-4748
E. NAME AND AOORESS OF SELLER: Dorothy A. Glover, et a1
1001 LaSalle Street
Clearwater, FL 34615-3232
462-6638
441-2596
F, NAMEANO AODRESS OF LENOER:
G. PROPERTY
LOCATION:
N.E. corner of Madison Avenue and Pierce Street,
Clearwater, FL 34616
H. SETTLEMENT AGENT:
PlACE OF SETTLEMENT:
Wilder, Thacker & Smitherman
407 S.~~ing Avenue
Clearwater, FL 34616
November 16, 1987
SUMMARY OF BORROWER'S TRANSACTION K.
I. SETTlEMENT DATE:
'I I
401. Contract sales price
402. Personal ploperty
403.
72,000.00
70.22
404.
405.
ADJUSTMENTS FOR ITEMS PAID BY SELLER IN ADVANCE:
406. City/town taxes to
407. County taxes11/16/87to 12/31/87
408. Assessments to
409.
410.
411.
412.
70.22
200. AMOUNTS PAlO BY OR IN BEHALF OF BORROWER: 500 REDUCTIONS IN AMOUNT DUE TO SELLER:
120. GROSS AMOUNT DUE FROM BORROWER: ~ 73 , 070 . 39
420. GROSS AMOUNT DUE TO SELLER:
~ 72,070.22
-0-
501. Excess deposit (see instructions)
502. Settlement charges to seller (line 1400)
503. Existing loan(s) taken subject to
504. Payoff' 01 lirst mortgage loan
505. Payoll 01 second mortgage loan
506,
507.
508.
509.
ADJUSTMENTS FOR ITEMS UNPAID BY SELLER:
510. City/town taxes 10
511. County taxes to
512. Assessments to
513.
514.
515.
516.
517.
51B.
519.
520, TOTAL REDUCTIONS
IN AMOUNT DUE SELLER: ~
1,808.52
201. Deposit or earnes.! money
202. Principal amount. 01 new loan(s)
203. Existing loanlsl taken subject to
204.
205.
206. ,.
207.
208.
209.
ADJUSTMENTS FOR ITEMS UNPAID BY SELLER:
210. City/town taxes to
211. County taxes to
212. Assessments to
213.
214,
215.
216.
217.
21B.
219.
220. TOTAL PAID BY/FOR
BORROWER: .
1,808.52
300 CASH AT SETTLEMENT FROMrTO BORROWER: 600 CASH AT SETTLEMENT TO/FROM SELLER:
301. Gross amount due Irom borrower (line 120)
302. Leu lUlIount paid by/lor borrower (line 220)
73,070.39
(-0- )
601.6ross amount due to seller (line 420) 72 ,070 .22
602, Leas total rllductions in. amount due seller (line 520) ( 1,808.52:
303. CASH dd{f'ROMJ(O TO) BORROWER: ~
73,070.39
603. CASH (fiTO)
(0 FROM) SELLER:
~
70,261.70
HUD-1 (3.86)
o MORTGAGE FORMS DIVISION
800,521-7291 NATIONAL
PAGE 1
HUD-1 (Rev. 3/861
L.
700. TOTAL SALES I BROKER'S COMMISION:
BASED ON PRICE
SETTLEMENT CHARGES
$
@ % =
PAID FROM
BORROWER'S
FUNDS
AT
SETTLEMENT
PAID FROM
SELLER'S
FUNDS
AT
SETTLEMENT
DIVISION OF COMMISSION (LINE 7001 AS FOLLOWS:
701. $to
702, $ to
703. Commission paid at settlement
704.
1F,<.~"'", ,r 'J
' J....,)"
800. ITEMS PAYABLE IN CONNECTION WITH LOAN:
801. LoanOriginationfel! %
802. Loan Oiscount %
803. Appraisal Fee to:
804. Credit Report to:
805, Lender's Inspection fee
806. Mortgage Insurance application fee to
807. Assumption fee
808.
809.
810.
811.
900, ITEMS REQUIRED BY LENDER TO BE PAID IN ADVANCE:
901. Interest from to
902, Mortgage insurance premium for
903, Hazard insurancl! premium for
904. Flood Insurance Premium for
905.'
@ $
J day
ma. to
yrs. to
yrs. to
1000. RESERVES DEPOSITED WITH LENDER:
1001. Hazard Insurance
1002, Mortgage insurance
1003. City property taxes
1004. County property taxes
1005, Annual assessments
1006. Flood Insurance
1007,
1008.
months @ $
months @ $
months @ $
months @ $
months @ $
months @ $
months @ $
months @ $
per month
per month
per month
per month
per month
per month
per month
er month
......~ ....~~'.!,f~ .~~: I
l-' ,Ii l.~"I':~"" l-"
;~ '~::-~: I- ;;'tl:_~;~~,
",.,... .,... ,,,::::, _,'AIi
-~:!;;~~: ~...~;;:: ~~.'!
. ....l~'.. ':I'".~. ".
......,...~..... -,.,.-- ....
~7:'f~j:";j!l:i::!:;:.r.: :'
ell_' ,/t.!= ~,;:;,;.' ~:.In
." ..,.... t'~; l~' ',' 'lo'
't... .._ .8,. . ".....,
:. 't~ 4~ :-~'~ !;~.. ;~ ~;"".~
, h. ~.,-:" ~.. ...
...;. ,..;::::.....'.-,.. -,...
;~ ~:~"~...:,,*:,~
~ ,~~~ !'-"-.,~ -..' .~
1100. TITlE CHARGES: . . .
110 1. Settlement or closing fee to
1102, Abstract or title search to
1103. Title examination to
1104, Title insurance binder to
1105. Document preparation to
1106, Notary fees to
1107, Attorney's fees to Wilder, Thacker & Smitherman ($37.50
(includes above items Numbers: 1101, 1105, 1106
110B.Titleinsuranceto \'7i1der, Thacker & Smitherman ($10.67
(includes above items. Numbers: 110 3, 110 4
1109, lenders coverage $
1110, Owner's coverage $72,000.00
1111.
1112,
1113.
Tax)
I
Tax)
)
1,537.50
1201. Recording fees: Deed P 4 3 . 5 ; Mortgage $ ; Releases $
1202. City Icounty tax I stamps: Deed $ ; Mortgage $
1203, State tax I stamps: Deed $ 3 96 . 0 0 ; Mortgage $
1204. Record Stone estate documents
1205. Record Dorse estate documents
43.50
396.00
42.00
33.00
1301,SLlrvey to
1302. Pest inspection to
1303. i'Vilder, Thacker & Smitherman - Miscel.1aneouscosts
1304.
1305,
1306.
1307,
196.02
1400. TOTAL SETTlEMUT CHARGES (Enter on line 103, Section J-and-line 502, Section K) ~
1,000.17
1,808.52
I have carefully reviewed the HUO.' Seulement Statement and to the best of my knowledge and belief, it is a true and accurate statement of all receipts and disbursements made on my account or by
me in this transaction. I further certify that I have received a copy of the HUO., Settlement Statement.
City of C1ea ter,
BorroweS : .~
~
Date:
11/16/87
Seller or
Agent:
Borrower:
Date:
Seller or
Agent:
Date:
The HUD.' SeU!ement Stat~ment which I have prepared is a true and accurate account of this transaction. I heve caused the funds to be disbursed in eccordance with this stetement.
,')1_.__ 0." ",..... '"'' ~. V ~ Oate: 11/16/87
Fred J.~r
WARNING: It is a crime to knowingly make false statements to the United States on thi '.J/nilar form. Penaltie, ;;j] conviction cen include a f, ,-nd imprisonment. For details see: Title
18 lJ $, Code Section 1001 and Section 1010.
I
;
Sanctity of Contract
STEWART TITLE
RONALD (Ron) E. SOMERS
President
BONNIE J. MUELLER
Pasco Manager
1290 Court Street
P.O, Box 2756
Clearwater, Florida 33517
(813) 441-2689
1224 South Boulevard
New Port Richey. Florida 33552
(813) 848-8577
APRIL 13, 1987
CITY OF CLEARWATER
P.O. BOXA748
CLEARWATER , FLORIDA 33518
Please include our file No. on all Correspondence:
RE: OUR FILE # 86110027
Dear SIR,
Enclosed please find the following documents in connection with the
above mentioned property:
( )
( )
( )
( )
(X>>
( )
Title Binder
Mortgage Title Insurance Policy
Original Mortgage
RECEIVED
Owners Title Insurance Policy
APR 16 ]987
Original Warranty Deed
Check #
$
CITY
CLEEK
. - -C J -Othe-i-
Please be sure to keep these documents in a safe place for future reference
or possible transaction.
The opportunity to be of service to you is always appreciated. If we can
be of any further assistance to you, Please do not hesitate to contact
our office.
Very truly yours,
STEWART TITLE COMPANY OF CLEARWATER, INC.
/~?L 6?~~
-.i....IJ-\Uv\'fle;s~-ul.'..;,.y---rolnlu -- 1':;)/U\Mel" ji.) 11 JUiJ!1U lU-i/'d4)
~
.
~
"i
i
-.J
POLICY OF TITLE INSURANCE ISSUED BY
86110027
STEWART TITLE
c=<. -It! - 9 f
~n
~
GUARANTY COMPANY
SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS CONTAINED IN SCHEDULE BAND
THE PROVISIONS OF THE CONDITIONS AND STIPULATIONS HEREOF, STEWART TITLE GUARANTY
COMPANY, a corporation of Galveston, Texas, 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, attorneys'
fees and expenses which the Company may become obligated to pay hereunder, sustained or incurred by the insured by
reason of:
1. 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;
3. Lack of a right of access to and from the land; or
4. Unmarketability of such title
IN WITNESS WHEREOF, Stewart Title Guaranty Company has caused this policy to be signed and sealed by its
du Iy authorized officers as of Date of Policy shown in Schedule A. ~. .(.. .'
. ~/ .'. ! ./ 7/7] (/"?
~ oL L._)
STEWART TITLE
~~ 'nt~
GUARANTY COMPANY
eJ~lff~
",,''''~E'N;..........
l ....~........f!-f~.%..
~t;... ... ....'.tf."
r.d 'Vo9.POI/-f~ \~ \
~:~ -*- ~:-<~
. .,.,1
\. 1908 /""1
..... . *, ....* .l
i......., ~,,,
~-'hfn~;:""",.
President
Chairman of the Board
Countersigned:
~~)~
3 Authorized Countersignature
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy:
1. (a) Governmental police power.
(b) Any law, ordinance or governmental regulation relating to environmental protection.
(e) Any law, ordinance or governmental regulation (including but not limited to building and zoning ordinances) restricting or regulat-
ing 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 change in the dimensions or area of the land or any parcel
of which the land is or was a part.
(d) The effect of any violation of the matters excluded under (a), (b) or (e) above, unless notice of a defect, lien, or encumbrance reo
suiting from a violation has been recorded at Date of Policy in those records in which under state statutes deeds, mortgages, lis pendens,
liens or other title encumbrances must be recorded in order to impart constructive notice to purchasers of the land for value and without
knowledge; provided, however, that without limitation, such records shall not be construed to include records in any of the offices of fed-
eral, state or local environmental protection, zoning, building, health or public safety authorities.
2. Rights of eminent domain unless notice of the exercise of such rights appears in the public records at Date of Policy.
3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed or agreed to by the insured claimant; (b)
not known to the 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 insured hereunder; (c) resulting in no loss or damage to the insured claimant; (d) attaching or
created subsequent to Date of Policy; or (el 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.
~
Page 1 of 0 9922
Polley . .
Serial No.
62454
-
'owner's titltle
policy
.: - ((j - q f
~~c
r(Y,
B
Industrial Valley Title Insurance Company
Executive Offices: 1700 Market Street · Philadelphia, Pa, 19103
215-988-1881
SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS CONTAINED IN SCHEDULE b AND THE PROVI-
SIONS OF THE CONDITIONS AND STIPULATIONS HEREOF, INDUSTRIAL VALLEY TITLE INSURANCE COMPANY, A
PENNSYLVANIA 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, attorneys' fees and expenses
which the Company may become obligated to pay hereunder, sustained or incurred by the insured by reason of:
1. 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;
3. Lack of a right of access to and from the land; or
4. Unmarketability of such title.
IN WITNESS WHEREOF INDUSTRIAL VALLEY TITLE INSURANCE COMPANY has caused this policy to be signed and sealed
as of the date shown in Schedule a; the policy to become valid when countersigned by an authorized signatory.
INDUSTRIAL VALLEY TITLE INSURANCE COMPANY
By
Presiden r, Operarions Division
Attest:
~. ~ 'lr~}. s."""V
74-1
PAlO
ALTA Owner's Policy. 1970. Form B Amended 10.17.70
AUDIT NUMBER 2 4 4 4 5 0
a
Industrial Valley Title InsurancJ Company
Executive Offices: 1700 Market Street · Philadelphia, Pa. 19103
215-988-1881
amendment
to schedule
or
This endorsement is to be attached to number 73-71, T-5l28 as a part thereof.
Schedule B-Section II, item #7 is hereby amended to read as follows:
7. Mortgage from Jerome Richardson, married, joined by his wife Gloria Richardson
to Theola Mendez and Herman A. Mendez, wife, dated 10/15/85, and filed for record
on 11/25/85 in O.R. Book 6120, Page 1534, of the Public Records of Pinellas County,
Florida; given to secure a promissory note in the principal amount of $16,320.00.
ALL OTHER MATI'ERS REMAIN IN FULL FORCE AND EFFECT.
Nothing herein contained shall be construed as extending or changing the effective date of this policy unless otherwise
expressly stated.
IN WITNESS WHEREOF INDUSTRIAL VALLEY TITLE INSURANCE COMPANY has caused this endorsement to be signed and
sealed as of the effective date shown in Schedule a; this endorsement to become valid when countersigned by an authorized signatory.
Dated the 24th day of
April
19 87
INDUSTRIAL VAllEY TITLE INSURANCE COMPANY
PROGRESSIVE TITLE INSURANCE CO.
1006 S. Greenwood Avenue
arwater, FL 33516
(813) 443-1575
By
President.
Attest: (). f) -- '/r~Jd'
(/ 7' (f" Secretary
IV-"
AUDIT NUMBER 7 - 5 7 0 8 8
.
,
CITY IOF CLEARWATER
Interdepartment Correspondence Sheet
TO:
FROM:
COPIES:
Cynthia E. Goudeau, City Clerk
M. A. Galbraith, Jr., City Attorney ~/
SUBJECT: Purchase from Annie Wilson; Lots 12 & 13, Janie Daniels Sub.
DATE:
April 8, 1987
The subject sale was closed this date and attached hereto
are the following:
Title Insurance Policy No. 0-9922-62454
showing the City of Clearwater as the insured.
Copy of Warranty Deed, dated April 8, 1987.
The original is being recorded and will be returned
to you at a later date.
Copy of Indemnity & Affidavit as to Debts & Liens.
Copy of Non-Foreign Certification of Individual
Transferor; Disclosure; Affidavit; and Authorization
and Acknowledgment Form
Copy of Settlement Statement
Copy of Survey
These should be retained by you ln your file.
MAG:br
Atts.
~
:RECEIVED
APR 9 1887
CI'rv
, J. 1 CL.EHK
ALTA Owner's Policy - Form B - 1970 (Rev. 10,17-70 and 10.17,84)
. " ',.'
I
J:,
:
POLICY OF TITLE INSURANCE ISSUED BY
86110027
STEWART TITLE
GU ARANTY COMPANY
SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS CONTAINED IN SCHEDULE BAND
THE PROVISIONS OF THE CONDITIONS AND STIPULATIONS HEREOF, STEWART TITLE GUARANTY
COMPANY, a corporation of Galveston, Texas, herein called the Company, insures, as of Date of Policy shown in
Schedu Ie A, against loss or damage, not exceeding the amount of insurance stated in Schedu Ie A, and costs, attorneys'
fees and expenses which the Company may become obligated to pay hereunder, sustained or incurred by the insured by
reason of:
1. Title to the estate or interest described in Schedule A being vested
2. Any defect in or lien or encumbrance onsuchtitl~;
3. Lack of a right of access to and fromth~lal"\d;Of
4. Unmarketability of such title
IN WITNESS WHEREOF, Stewart Title (3uarant*Company has caused this policy to be signed and sealed by its
du Iy authorized officers as of Date of Policy shown in Schedule A.
than as stated therein;
STEWART TITLE
-b~ ~~
GUARANTY COMPANY
eJAawI-$~
President
Chairman of the Board
Cou ntersigned:
~~J~
Authorized Countersignature
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy:
1. (a) Governmental police power.
(b) Any law, ordinance or governmental regulation relating to environmental protection.
(c) Any law, ordinance or governmental regulation (including but not limited to building and zoning ordinances) restricting or regulat-
ing 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 change in the dimensions or area of the land or any parcel
of which the land is or was a part.
(d) The effect of any violation of the matters excluded under (a), (b) or (c) above, unless notice of a defect, lien, or encumbrance re-
sulting from a violation has been recorded at Date of Policy in those records in which under state statutes deeds, mortgages, lis pendens,
liens or other title encumbrances must be recorded in order to impart constructive notice to purchasers of the land for value and without
knowledge; provided, however, that without limitation, such records shall not be construed to include records in any of the offices of fed.
eral, state or local environmental protection, zoning, building, health or public safety authorities,
2. Rights of eminent domain unless notice of the exercise of such rights appears in the public records at Date of Policy.
3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed or agreed to by the insured claimant; (b)
not known to the 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 insured 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.
~ ~ ~ ~ ~ ~ ~ ~ -
Page 1 of 0 9922
POlicy _ _
Serial No.
."....",~---.,..-~~
62454
~
t
\
t
f
t
t
t ~
t
t
t
CONDITIONS AND STIPULATIONS
1,
DEFINITION OF TERMS
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 may have
against the named insured, those who succeed to the
interest of such insured by operation of law as distinguished
from purchase including, but not limited to, heirs, dis-
tributees, devisees, survivors, personal representatives, next
of kin, or corporate or fiduciary successors.
(b) "insured claimant": an insured claiming loss or
damage hereunder.
(c) "knowledge": actual knowledge, not constructive
knowledge or notice which may be imputed to an insured
by reason of any public records.
(d) "land": the land described, specifically or by
reference in Schedule A, and improvements affixed thereto
which by law constitute real property; provided, however,
the term "land" does not include any property beyond the
I ines 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
insu red by th is pol icy.
(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 CON-
VEYANCE 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 I iabi I ity 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
insu red 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, or a defense interposed against an
insured in an action to enforce a contract for a sale of its
estate or interest in said land, to the extent that such
litigation is founded upon an alleged defect, lien,
encumbrance, or other matter insured against by this
policy.
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. 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 insufed under this
pol icy 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 tc
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 requ ired or perm itted by
the provisions of this policy, the Company may pursue any
such I itigation to final determination by a court of
competent jurisdiction and expressly reserves the right, in
its sole discretion, to appeal from any adverse judgment or
order.
(e) 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 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 pros,
ecuting 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
CLAIMS
SETTLE
TO
OTHERWISE
PAY
OR
The Company shall have the option to payor otherwise
settle for or in the name of an insu red claimant any claim
insured against or to terminate all liability and obligations
(b) The insured shall notify the Company promptly in of the Company hereunder by paying or tendering payment
writing (i) in case any action or proceeding is begun or of the amount of insurance under this policy together with
defense is interposed as set forth in (a) above, (ii) in case any costs, attorneys' fees and expenses incurred up to the
l<nowled~e shall come to an insured hereunder of any claim time of such payment or tender of payment, by the insured
. . '~I of titl,~ or interest which is adverse r the title to the estate claimant and authorild by the Company.
(continued and concluded on last page of this policy)
~
AL~~.OWNER'S POLICY - Amended 10/17170
I
SCHEDULE A
Order No.: 86110027
Policy No.: 0 - 9902-62454
Date of Policy: April 08, 1987
1. Name of Insured CITY OF CLEARWATER
Amount of Insurance: $ 37, 000 . 00
2. The estate or interest in the land described herein and which is covered by this policy is:
Fee Simple
3. The estate or interest referred to herein is at Date of Policy vested in:
CITY OF CLEARWATER
4. The land referred to in this policy is described as follows:
Lots 12 and 13, JANIE DANIELS SUBDIVISION according to the plat
thereof, as recorded in Plat Book 5, Page 23 of the Public
Records of PINELLAS County, Florida.
0012
50M 4-86
Page 2
STEWART TITLE
GUARANTY COMPANY
uruer ~u. OOiiVV~1
A~~!' ~WNER'S POLICY. Amended 1117/70
I
SCHEDULE B
Policy No.:
0-9901-62454
delete
This policy does not insure against loss or damage by reason of the following:
1. ~Q{ . xJoo.odsoexx
2. Easements, or claims of easements, not shown by the public records.
3.
~~~
d~lete
delete
4.
~
x
5. Community property, dower, curtesy, survivorship, or homestead rights, if any, of any spouse of
the insured.
6. Any titles or rights asserted by anyone incll}ding but not limited to persons, corporations,
governments or other entities, to tide lands, or lands comprising the shores or bottoms of
navigable rivers, lakes, bays, ocean or gulf, or lands beyond the line of the harbor or bulkhead
lines as established or changed by the United States Government or water rights, if any.
7, Taxes for the year 1987 and thereafter,
8. Subject to any lien for municipal improvements or services to
captioned land which has not been filed for record in the office
of the Clerk of the Circuit Court of Pinellas County, Florida,
and any and all outstanding assessments projected or to be
projected, if any.
9. Subject to water, sewer, or garbage removal service charges, if
any, due and payable to a municipal authority.
10. Subject to zoning and/or other governmental prohibition or
regulations affecting the use of the property.
11. Title to any furniture, furnishings, fixtures, or chattels or
personal property located in, to or upon the land described in
Schedule "A" hereof. Title to mobile homes is neither guaranteed
nor insured under the terms of this policy.
STEWART TITLE
2113 (Rev. 3/80)
Page 3
GUARANTY COMPANY
. .
.
- .
i;ONDITIONS AND STIPULATIONS Continuel
(confinued and concluded from reverse side of Policy lace)
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.
(b) The Company will pay, in addition to any loss
insured against by this policy, all costs imposed upon an
insured in litigation carried on by the Company for such
insured, and all costs, attorneys' fees and expenses in
litigation carried on by such insured with the written
authorization of the Company.
(c) When liability has been definitely fixed in accord-
ance with the conditions of this policy, the loss or damage
shall be payable within 30 days thereafter,
7. LIMITATION OF LIABILITY
No claim shall arise or be maintainable under this
policy (a) if the Company, after having received notice of
an alleged defect, I ien or encumbrance insu red 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
determination 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 Com.
pany.
8. REDUCTION 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. 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
fu rnished to the satisfaction of the Company.
9. LIABILITY NONCUMULATIVE
It is expressly understood that the amount of insurance
under this policy shall be reduced by any amount the
Company may pay under any policy insuring either (a) a
mortgage shown or referred to in Schedule B hereof which
is a lien on the estate or interest covered by this policy, or
(b) a mortgage hereafter 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 paid 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 loss 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
Valid Only If Schedules A and B are Attached.
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 such parcel by the
Company and the insured at the time of the issuance of this
policy and shown by an express statement herein or by an
endorsement attached hereto.
11. SUBROGATION UPON PAYMENT OR SETTLE-
MENT
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
property necessary in 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 insu red 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 resu It from any act of such insu red claimant, such
act shall not void this policy, but the Company, in that
event, shall be requ ired 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 POLICY
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.
Any claim of loss or damage, whether or not based on
negligence, and which arises out of the status of the title to
the estate or interest covered hereby or 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 President, a Vice President, the
Secretary, an Assistant Secretary, or validating officer or
authorized signatory of the Company.
13. NOTICES, WHERE SENT
All notices required to be given the Company and any
statement in writing required to be furnished the Company
shall be addressed to it at its main office, P. O. Box 2029,
Houston, Texas 77252.
14. The premium specified in Schedule A is the entire.
charge for acceptance of risk. It includes charges for
title search and exam ination if same is customary or
required to be shown in the state in which the policy is
issued.
s'rEWART TITLE
GUARANTY COMPANY
STEWART TITLE
GUARANTY COMPANY
ESTABLISHED 1896
INCORPORATED 1908
A NAME
RECOGNIZED NATIONALLY
FOR MORE THAN 75 YEARS
AS BEING
SYNONYMOUS WITH
SAFETY
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STEWART TITLE
GUARANTY COMPANY
P. O. Box 2029
Houston, Texas 77252
POLICY
OF
TITLE
INSURANCE
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