CHESTWOOD PARTNERSHIP
I
~';'ORM 104
I, .
@-
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WARRANTY DEElI-(Stallltory Forma 9 05 0 7 r JOHNSON, BLAKELY, POPE, BOKOR,
I ~ c Rut. ?EL& BURNS, P.A.
...... e~ecutive line ......\.."i'(:,.~ ATTORN -1'S AND COUNSELLORS AT LAW
~" ' . 911 CHESTNUT STREET
~1Itt..-z jn~. 'dntU~~f CLEA:~~~K:l{~:I~11:::17-136b8y..
IJI~1 ~"I ~Jr" ~~, This instrument prepared"
E. D. Armstrong III
00 (The ,e'.1 "aUDIo'" anel ..arantcc" hCl'cia ,ball be coo.trued
G2._~"<lllde ..11 a.nd... .nd "naul.. 0' plunl .. .b. <on,..' indi<....,)
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OR ~ 9 I (' PI'"' ,;'" ,. 8
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-~~Io~~~~-~- Made this
1st
day of March
19 89 ,
Jirtntrrn
CHESTWOOD PARTNERSHIP, a Florida general partnership
of the County of
Pinellas
, State of
Florida
, grantor, and
CITY OF CLEARWATER, a municipality of the State of Florida
whose post-office address is P.O. Bo:x 4748, Clearwater, FL 34618-4748
of the County of Pinellas ' State of Florida ' grantee,
.ttntJlJltt~: That said grantor,for and in consideration of the sum ofTen and no/lOO ($10,00) Dollars, and
other good and valuable considerations to said grantor in hand paid by said grantee, the receipt whereof is hereby
acknowledged, has granted, bargained and sold to the said grantee, and grantee's heirs, successors and assigns forever,
the following described land, situate, lying and being in Pinellas County, Florida, to-wit:
The East 20 feet of Lot 16, Block 16, MAGNOLIA PARK SUBDIVISION,
according to the plat thereof as recorded in Plat Book 1, Page
70, and further recorded in Plat Book 3, Page 43, Public Records
of Pinellas County, Florida.
Subject to easements and restrictions of record, none of which
are reimposed hereby, and taxes for 1989 and subsequent years.
HlfH073b ~EM 03-{;1'-69
01
RECORDING
DOC STAMPS
1'1': 15 :1,}0
1
2
6 .y)~
;. a 0'25;
,--n'^" T2K P;:l, $--~
D'octhf;<..J\1.l~rv ,~"".~nt\~:-,,ib -\~;( Pd.
'1 r " .. ~ "::'
') ._-------. .. ~ ..,." Co,mtV
. --....- ._ ,"";\ p.i'-;~'~0L "-"::',-K, ';)h...I'.......
K"ad",";" \-'. d ~ ..' 'Deputy Cieri.
BV---
TOTAL:
CHEev. AMT,TENDERED:
CHANiJf. :
and said grantor d(les hereby fully warrant the title to said land, and will defend the same against the lawful claims of
all persons whomsoever.
In _Unto _4rrrof, Grantor has hereunto set grantors hand and seal the day and year first above written,
Signed, sealed and delivered in our presence:
"
~:y;jr,;,.h
CHESTWOOD PARTNERSHIP
BY'~""'"
. John ". a e y
As Managing General Partner
(Seal)
(Seal)
(Seal)
(Seal)
STATE OF FLORIDA
COUNTY OF PINELLAS >dY,,>,' .""~. .. ,,'
I HEREBY CERTIFY that on this day before me, an officer duly qualified to take al.~!jlJJ:Y(fff:1n~nts;JI5onally appeared
;;;~ ~:,~:;:.;1~:..1)~:'/ ,'.' , :~~~'~-"',,:
John T. Blakely , as Managing General Partner of~ESTW6q,~~~TNERSHIP,
to me knuwn to be the person(s) descri1ie~nR};kH~~eA:lltMdVRI'Jfflo~Rj,~stfu~~ti~ii~~cknowledggd,before me
the execution of same. <:, .,. .
WITNESS my hand and official seal in the County and State last aforesaid ibis':, 1st ~~.; day of March, 1989.
. . w ~.
,tJ5
~rL~ t:n_cy
eo tu
,'~~ 2t ii JL/ I~q
. (' I: (t~ftt:!E LE~L sut y ct, INC, - ORLANDO. FLORIDA
,oar a
My Comm ssion Expi.res 9/2/1989
Bordc,d lh"u Troy.Fe"n . Ins, Inc,
/.<~() IB-O~ ('1)
,
,
Ii!. COMMONWEALTH lAND
TITLE INSURANCE COMPANY
A Reliance Group Holdings Company
POLICY NUMBER
107- 376507
OWNER'S POLICY OF TITLE INSURANCE
SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS CONTv\INED IN SCHEDULE B AND THE
PROVISIONS OF THE CONDITIONS AND STIPULATIONS HEREOF, COMMONWEALTH LAND 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 cost, 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, the Commonwealth Land Title Insurance Company has caused its corporate name and seal to be
hereunto affixed by its duly authorized officers, the Policy to become valid when countersigned by an authorized officer or
agent of the Company.
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COMMONWEALTH LAND TITLE INSURANCE COMPANY
^,,,,, r! fJ /tr:"c By c,L4J~,",
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 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 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 resulting 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 federal, 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; (e)
resulting in loss or damage which would not have been sustained if the insured claimant had value for the estate or
interest insured by this policy,
NM 1
PA 10 American Land Title Association Owner's Policy - 1970 - Form B (Rev. 10-17-70 and 10-17-84)
Form 1005-22 Face Page
Valid Only If Schedules A, B and Cover Are Attached
ORIGINAL
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 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 represen-
tatives, 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 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.
(c) The Company shall have the right at its own cost to institute
and without undue delay prosecute any action or proceeding or to do
any other act which in its opinion may be necessary or desirable to
establish the title to the estate or interest as insured, and the Company
may take any appropriate action under the terms of this policy,
whether or not it shall be liable thereunder, and shall not thereby
concede liability or waive any provision of this policy,
(d) Whenever the Company shall have brought any action or
interposed a defense as required or permitted by the provisions of this
policy, the Company may pursue any such litigation to final deter-
mination by a court of competent jurisdiction and expressly reserves
the right, in its sole discretion, to appeal from any adverse judg-
ment or order.
(e) In all cases where this policy permits or requires the Com-
pany to prosecute or provide for the defense of any action or pro-
ceeding, the insured hereunder shall secure to the Company the right
to so prosecute or provide defense in sueh action or proceeding, and
all appeals therein, and permit the Company to use, at its option, the
name of such insured for such purpose, Whenever requested by
the Company, such insured shall give the Company all reasonable
aid in any such action or proceeding, in effecting settlement, securing
evidence, obtaining witnesses, or prosecuting or defending such action
or proceeding, and the Company shall reimburse such insured for any
expense so incurred.
(f) "public records": those records which by law impart con-
structive notice of matters relating to said land, 4. NOTICE OF LOSS - LIMITATION OF ACTION
2. CONTINUATION OF INSURANCE AFTER CONVEYANCE
OF TITLE
The coverage of this policy shall continue in force as of Date
of Policy in favor of an insured so long as such insured retains an
estate or interest in the land, or holds an indebtedness secured by a
purchase money mortgage given by a purchaser from such insured,
or so long as such insured shall have liability by reason of covenants
of warranty made by such insured in any transfer or conveyance
of such estate or interest; provided, however, this policy shall not
continue in force in favor of any purchaser from such insured of
either said estate or interest or the indebtedness secured by a pur-
chase money mortgage given to sllch 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 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 Company promptly in writing
(i) in case any action or proceeding is begun or defense is inter-
posed 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 ad-
verse to the title to the estate or interest, as insured, and which might
cause loss or damage for which the Company may be liable by
virtue of this policy, 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
insured under this policy unless the Company shall be prejudiced
by such failure and then only to the extent of such prejudice,
In addition to the notices required under paragraph 3 (b) of these
Conditions and Stipulations, a statement in writing of any loss or
damage for which it is claimed the Company is liable under this
policy shall be furnished to the Company within 90 days after such
loss or damage shall have been determined and no right of action
shall accrue to an insured claimant until 30 days after such statement
shall have been furnished, Failure to furnish such statement of loss
or damage shall terminate any liability of the Company under this
policy as to such loss or damage,
5. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS
The Company shall have the option to payor otherwise settle
for or in the name of an insured claimant any claim insured against
or to terminate all liability and obligations of the Company hereunder
by paying or tendering payment of the amount of insurance under
this policy together with any costs, attorneys' fees and expenses in-
curred up to the time of such payment or tender of payment, by the
insured claimant and authorized by the Company,
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 accordance with
the conditions of this policy, the loss or damage shall be payable
within 30 days thereafter.
Conditions and Stipulations Continued Inside Cover
'B 1005-7 . I I
- ,
,--
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.,Issued wJ~h Policy No.
N/A
I
I
Policy No,107-376507
SCHEDULE A
Effective Date: 3/1/89 at 5:06 P.M.
File Number
89-1011 (29717.881285)
Amount of Insurance: $ 40,028.00
1. Name of Insured:
CITY OF CLEARWATER, A MUNICIPALITY OF THE STATE OF FLORIDA
2, The estate or interest in the land described herein and which is covered by this policy is a fee simple (if other, specify same)
and is at the effective date hereof vested in the named insured as shown by instrument recorded in Official Records Book
6946 , Page 1668 , of the Public Records
of Pine11as County, Florida,
3, The land referred to in this policy is described as follows:
The East 20 feet of Lot 16, Block 16, MAGNOLIA PARK SUBDIVISION,
according to the plat thereof as recorded in Plat Book 1, Page
70, and futher recorded in Plat Book 3, Page 43, Public Records
of Pine11as County, Florida.
C oun tersigned:
JOHNSON, BLAKELY, POPE, BOKOR, RUPPEL & BURNS, P.A.
By: /;j 4~~ '
E. D. Ar~~g\uiJj . d Officer or Agent
rw
American Land Title Association Owner's Policy - Form A
Form 1021-11 Schedule A
ORIGINAL
'-:'"
I
SCHEDULE B
I
File Number
89-1011
Policy No.
107-376507
This policy does not insure against loss or damage by reason of the following exceptions:
1. Taxes for the year of the effective date of this policy and taxes or special assessments which are not shown as existing liens by
the public records,
2fJ~ m~XOOXlX~J(~*~)()K:N:~~j{>>*}p~~Of~
3 .ell OOxw~OOmt!K)QJ@d~NN31dKlX)4MNK~XOOX~H.'KKtXecxooXtm}f~)(!){NooK<kl&Xi~O{OOK~X)Qo(;KOO~~OO'X~XiXcX
ig~WKQ{~~
4trJ ~~~@t~~~~*~~~*IX~~~K*~
5. t'a~~XJKmtOCmc~~K*)vlC~X];(OOX,m()1M~Mat>>~Kt>>~JeX>X)(fX~KM){OO'){iJ4KOC~X~~X:1{!}V)Q){cXOOX)tOO)(iK~
tl{~~KQQKIX
6. A Florida Power Corporation easement as recorded in O.R. Book 4697,
Page 1917, Public Records of Pine1las County, Florida.
7. Florida Power Corporation easement as recorded in O.R. Book 5203,
Page 1981, Public Records of Pine1las County, Florida.
Schedule B of this Policy consists of
1
Pages
American Land Title Association Owner's Policy - Form A
Schedule B
Form 1021-12
ORIGINAL
. .
. .. ~
I
,
(Continued)
CONDITIONS AND STIPULATIONS
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, lien or
encumbrance insured against hereunder, by litigation or otherwise, removes
such defect, lien or encumbrance or establishes the title, as insured, within
a reasonable time after receipt of such notice; (b) in the event of litigation
until there has been a final 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 Company,
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 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 aJ1, the loss shall be computed and settled on
a pro rata basis as if the amount of insurance under this policy was divided
pro rata as to the value on Date of Policy of each separate parcel to the
whole, exclusive of any improvements made subsequent to Date of Policy,
unless a liability or value has otherwise been agreed upon as to each 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 SETTLEMENT
Whenever the Company shall have settled a claim under this policy,
all right of subrogation shall vest in the Company unaffected by any act of
the insured claimant. The Company shall be subrogated to and be entitled
to all rights and remedies which such insured claimant would have had
against any person or property in respect to such claim had this policy not
been issued, and if requested by the Company, such insured claimant shall
transfer to the Company all rights and remedies against any person or
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 insured claimant, the Company shall be
subrogated to such rights and remedies in the proportion which said
payment bears to the amount of said loss, If loss should result from any
act of such insured claimant, such act shall not void this policy, but the
Company, in that event, shall be required to pay only that part of any
losses insured against hereunder which shall exceed the amount, if any, lost
to the Company by reason of the impairment of the right of subrogation.
12. LIABILITY LIMITED TO THIS 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 amendement of or ~ndorsement 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
Commonwealth Land Title Insurance Company, Eight Penn Center,
Philadelphia, Pennsylvania 19103,
PA 10
American Land Title Association Owner's Policy - 1970 - Form B (Rev, 10-17-70 and 10-17-84)
Cover Page
Form 1005-8
Valid Only If Schedules A and B Are Attached
('
:y
American Land Title Association
Owner's Policy -- Form B - 1970
(Rev_ 10-17-70 and 10-17-84)
'.....
POLICY
OF
TITLE
INSURANCE
N
~
Ih
aJ
o
.....
Issued by
COMMONWEALTH LAND
TITLE INSURANCE COMPANY
A Reliance Group Holdings Company
Title Insurance Since 1876
HOME OFFICE
EIGHT PENN CENTER
PHilADELPHIA, PA 19103
B-IOOS-8
- -,
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PURCHASER'S CLOSING STATEMENT
SELLER:
CHESTWOOD PARTNERSHIP, a Florida
general partnership
PURCHASER:
CITY OF CLEARWATER, a municipality
of the State of Florida
PROPERTY:
The East 20 feet of Lot 16, Block 16,
Magnolia Park Subdivision, according to
the plat therof as recorded in Plat
Book 1, Page 70, and further recorded in
Plat Book 3, Page 43, Public Records of
Pinellas County, Florida
DATE:
March 1, 1989
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
Purchase Price
$ 40,028.00
Charges:
Record Warranty Deed
6.00
Credits:
Binder Payment to
Johnson, Blakely Trust
1989 Real Estate Tax Proration
1/1/89 - 2/28/89
$ 4,000.00
*
Balance due from Purchaser
to close
$ 36,034.00
$ 40,034.00
$ 40,034.00
*Taxes for the period from January 1, 1989, to and including
February 28, 1989, are the responsibility of Seller and shall be
paid by Seller when the 1989 tax bill is received in November,
1989.
AGREED TO AND ACCEPTED:
CITY OF CLEARWATER
Bl: ~~~
911/KSM/29717KOCS2
81285
II FORM .1:4 .WARRANTY DEED-(St.tutory Form,)
I--- 'execu tive line )
C1Jhig l1nbtnlurt.
JOHNSON, BLAKELY, POPE, BOKOR,
RijPPEL & BURNS, P.A.
ATTORIrEYS AND COUNSELLORS AT LAW
911 CHESTNUT STREET
POST OFFICE BOX 1368
CLEARWATER, FLORIDA 34617-1368
This instrument prepared by:
E. D. Armstrong III
(n. t.r.. "".etOl'.. aD. "...a"..... h.,.ie ,hall It. cODIUuecl
10 iftCh.d. .11 .~ftcl.,. .... lineuta, 01' plu...1 al ,11. conlll!XI indicate..)
Made this
1st
dall of March
19 89 ,
IirtlUrrn
CHESTWOOD PARTNERSHIP, a Florida general partnership
of the C ountll of
Pinellas
, State of
Florida
, grantor, and
CITY OF CLEARWATER, a municipality of the State of Florida
whose post-office address is P. O. Box 4748, Clearwater, FL 34618-4748
of the County of Pinellas , State of Florida ,grantee,
.Unrlllltt~: That said grantor, for and in consideration of the sum ofTen and no/lOO ($10.00) Dollars, and
other good and valuable considerations to said grantor in hand paid by said grantee, the receipt whereof is hereby
acknowledged, has granted, bargained and sold to the said grantee, and grantee's heirs, successors and assigns forever,
the following described land, situate, lying and being in Pinellas County, Florida, to-wit:
The East 20 feet of Lot 16, Block 16, MAGNOLIA PARK SUBDIVISION,
according to the plat thereof as recorded in Plat Book 1, Page
70, and further recorded in Plat Book 3, Page 43, Public Records
of Pinellas County, Florida.
Subject to easements and restrictions of record, none of which
are reimposed hereby, and taxes for 1989 and subsequent years.
and said grantor dc'es hereby full" warrant the title to said land, and will defend the same against the lawful claims of
all persons whomsoever.
In -Unto .~rrrdf, Grantor has hereunto set grantor's hand and seal the day and year first above written,
Signed, sealed and delivered in our presence:
~E~~,.h
CHESTWOOD PARTNERSHIP
By: ~
John . a e y
As Managing General Partner
(Seal)
(Seal)
(Seal)
(Seal)
STATE OF FLORIDA
COUNTY OF PINELLAS
I HEREBY CERTIFY that on this day before me, an officer duly qual(fied to take llckrwwleclg",cllfs.persollally appeared
John T. Blakely , as Managing General Partner of CHESTWOOD PARTNERSHIP,
to me knuwn to be the person(s) descrif;eltRaA81fu~eJlll.MdIlRI'J)flcnlllPri'strument and acknowledged before me
the execution of same.
WITNESS my hand and official seal in the County and State last aforesaid this Is t day of March, 1989.
~~ i. b~lIc, ~1ale of :F'Iorlda
N6ia,.fp~b-'iC My Com~;lon Exp!res 9/2/1989
My commission expires: Bor.ck.d th.u Trey-Fe"n - Ins, Inc,
~j!r~~A~UZ Y co., INC. - ORlANOO, FlORIOA
#"
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AFFIDAVIT OF NO LIENS
STATE OF FLORIDA
COUNTY OF PINELLAS
BEFORE ME, the undersigned authority, personally appeared
John T. Blakely, who, being first duly sworn, deposes and says
that:
1. The undersigned
CHESTWOOD PARTNERSHIP,
("Partnership").
is the managing general
a Florida general
partner of
partnership,
2. The Partnership is the owner of the following described
property located in Pinellas County, Florida:
The East 20 feet of Lot 16, Block
16, MAGNOLIA PARK SUBDIVISION,
according to the plat thereof as
recorded in Plat Book 1, Page 70,
and further recorded in Plat Book 3,
Page 43, Public Records of Pinellas
County, Florida.
Said property (the "Property") is now in possession of owner.
3. The Property is free and clear of all liens, taxes,
encumbrances, and claims of every kind, nature, and description
whatsoever, except for real and personal property taxes for the
year 1989.
4. There has been no labor performed on or materials
furnished to the Property wi thin the past ninety (90) days for
which there are unpaid bills: there are no claims whatsoever of
any kind or descr iption against the Property for which liens
could be filed according to the statutes in such cases made and
provided: and no informal notice of claim has been received by
the undersigned.
5. The undersigned hereby warrants that the undersigned has
recei ved no notice of any public hear ing regarding assessments
for improvements by any government within the past ninety (90)
days and there are no unpaid assessments or liens against the
Property for improvements thereto by any government, whether or
not said assessments appear of record.
6. The undersigned knows of no violations of municipal or
county ordinances, nor any easements or claims of easements not
shown by the public records, pertaining to the Property.
7. The undersigned warrants that there are no estate tax,
inheritance tax, or income tax liens, under federal or state
laws, against the Property, or against the undersigned, which
would have any effect on the Property.
8. There is no outstanding unrecorded contract of sale,
deed, agreement for deed, conveyance, mor tgage, or lease
affecting the title to the Property, other than the contract
and/or mortgage incident to which this Affidavit is given.
9. The undersigned owner of the Property is not a non-
resident alien, foreign corporation, foreign partnership, foreign
trus t, or fore ign estate (as those terms are def ined in the
Internal Revenue Code and Income Tax Regulations), and the U.S.
taxpayer identification number of said owner is 59-2660447.
10. This representation is made under oath for the purpose
of inducing the City of Clearwater, a municipality of the State
of Florida ("Purchaser") to purchase and Corrunonwealth Land Title
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Insurance Company, through Johnson, Blakely, Pope, Bokor, Ruppel,
& Burns, P. A., its agent, to insure title to the Property.
11. The undersigned makes and delivers this Affidavit of No
Liens fully realizing that the said Purchaser is relying hereon
in order to close such purchase. This Affidavit of No Liens is
made with full understanding of all laws appertaining to
affidavits in the State of Florida, and full faith and credit may
be given hereto. The undersigned further certifies that he has
read or has heard read to him the complete text of this Affidavit
and fully understands its contents.
12. All statements made herein shall, to the best of the
knowledge and belief of the undersigned, be true and correct as
of the date and time the deed incident hereto is recorded. There
are no matters pending against the undersigned that could give
rise to a lien that would attach to the Property between the date
hereof and such recordation. The undersigned has not and will
not commit, between the date hereof and the date and time of such
recordation, any act that would cause the statements made herein
to change or to become invalid, nor will the undersigned execute
any instrument that would adversely affect the title to the
Property.
~
John T. Blakely
The foregoing instrument was sworn to, subscribed and
acknowledged before me this 1st day of March, 1989, by John T.
Blakely.
~Ub~i.C iJ~
My commission expires:
Notary Public. Slate of Florida
My Commission Expires 9/2/1989
Bonded thru Troy-Fain . Ins. Inc.
022089 d-l
911/EDA/297l7KOAl
81285
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COMMONWEALTH LAND
TITLE INSURANCE COMPANY
A Reliance Group Holdings Company
Commitment For Title Insurance
COMMITMENT NUMBER
814- 473341
COMMONWEALTH LAND TITLE INSURANCE COMPANY, a Pennsylvania corporation, herein called the company, for a
valuable consideration, hereby commits to issue its policy or policies of title insurance, as identified in Schedule A, in favor of
the proposed Insured named in Schedule A, as owner or mortgagee of the estate or interest covered hereby in the land
described or referred to in Schedule A, upon payment of the premiums and charges therefor; all subject to the provisions of
Schedules A and B and to the Conditions and Stipulations hereof.
This Commitment shall be effective only when the identity of the proposed Insured and the amount of the policy or policies
committed for have been inserted in Schedule A hereof by the Company, either at the time of the issuance of this
Commitment or by subsequent endorsement.
This Commitment is preliminary to the issuance of such policy or policies of title insurance and all liability and obligations
hereunder shall cease and terminate 120 days after the effective date hereof or when the policy or policies committed for
shall be issued, whichever first occurs, provided that the failure to issue such policy or policies is not the fault of the
company.
In Witness Whereof, the said Company has caused its Corporate Name and Seal to be hereunto affiXed; this instrument,
including Commitment, Conditions and Stipulations attached, to become valid when countersigned on Schedule A by an
Authorized Officer or Agent of the Company.
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COMMONWEALTH LAND TITLE INSURANCE COMPANY
Attest: ~ 0 fJ I~ r
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By c;;r~/ $-L
C/ f-'" PresIdent
American Land Title Association Commitment - 1966
Form 1004-34 Face Page
Valid Only If Schedules A, B and Cover Are Attached
ORIGINAL
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. 'COMMONwEALTH""
lAND TITLE INSURANCE COMPANY
A Reliance Group Holdings Company
Commitmelt For Title Insuranc~
SCHEDULE A
Commitment No,: 814-473341
Effective Date: ~~ at 8: 00 A.M.
J/I!i't( ~
File Number: 89-1011
1. Policy or Policies to be issued:
OWNER'S:
$ 40,028.00
Proposed Insured:
CITY OF CLEARWATER
LOAN:
$
Proposed Insured:
2, The estate or interest in the land described or referred to in this Commitment and covered herein is a fee simple, and title
thereto is at the effective date hereof vested in:
CHESTWOOD PARTNERSHIP, A FLORIDA GENERAL PARTNERSHIP
3, The land referred to in this Commitment is described as follows:
The East 20 feet of Lot 16, Block 16, MAGNOLIA PARK SUBDIVISION,
according to the Plat thereof as recorded in Plat Book 1, Page
70, and further recorded in Plat Book 3, Page 43, of the Public
Records of Pinellas County, Florida.
JOHNSON, BLAKELY, ~~'_:O~'_ . PEL, & BURNS, P.A.
Countersigned: ~
rw E. D. Armstrong III, Esqtt11t~lzedO IC rorAgent
American Land Title Association Commitment Valid Only If Face Page, Schedule B and Cover Are Attached
Schedule A
Form 1004-35
ORIGINAL
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SCHEDULE B - SECTION 1
I
Commitment No.: 814-473341
File Number: 89-1011
The following are the requirements to be complied with:
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1, Payment of the full consideration to or for the account of, the grantor's or mortgagors,
2. Instrument(s) creating the estate or interest to be insured must be approved, executed and filed for record:
Warranty Deed from Chestwood Partnership, a Florida General
Partnership to City of Clearwater.
3. Payment of all taxes, charges, assessments, levied and assessed against subject premises, which are due and payable,
4. Satisfactory evidence should be had that improvements and/or repairs or alterations thereto are completed; that
contractor, subcontractors, labor and materialmen are all paid,
5. Examination of Chestwood Partnership Agreement to determine who
the partners are and their authority to convey caption.
6. Partial Release of the Mortgage from Chestwood Partnership, a
Florida general partnership to Raymond H. Center Revocable
Revocable Trust as to an undivided 70.592% interest, and the
Mildred H. Center Trust, as to an undivided 29.408% interest,
dated 5/1/86, filed 5/2/86 in O.R. Book 6219, Page 1329 as
subordinated in O.R. Book 6680, Page 1003, Public Records of
Pinellas County, Florida, in the amount of $653,149.81.
Schedule B - Section 1 - AL T A Commitment
foorm 1004-36
ORIGINAL
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SCHEDULE B - SECTION 2
Commitment No,:
814-473341
File Number: 89-1011
Schedule B of the policy or policies to be issued will contain exceptions to the following matters unless the same are disposed
of to the satisfaction of the company:
fr~
,-1. Defects,' s, encumbrance verse claims or oth earing in the public records or
'---attaching su quen!):o-1he effec ' e date ut prior to the date the proposed Insured acqaf record
the estate or interest or mortgage thereon covered by this Commitment.
2, Any owner's policy issued pursuant hereto will contain under Schedule B the standard exceptions set forth at the inside
cover hereof, Any loan policy will contain under Schedule B the standard exceptions set forth at the inside cover hereof
unless an affidavit of possession and a satisfactory current survey are submitted, an inspection of the premises is made, it is
determined the current year's taxes or special assessments have been paid, and it is determined there is nothing of record
which would give rise to mechanic's liens which could take priority over the mortgage (where the liens would otherwise
take priority, submission of waivers is necessary),
3. Subject to Florida Power Corporation easement as recorded in
O.R. Book 4697, Page 1917, Public Records of Pine11as County,
Florida.
4. Subject to Florida Power Corporation easement as recorded in
O.R. Book 5203, Page 1981, Public Records of Pine11as County,
Florida.
TAX INFORMATION: #15-29-15-54450-016-0150 RE 058552 CWD NX 125,700
Gross $2,605.89 Paid 11/30/88 No Delinquencies
Contains more than caption
Schedule B - Section 2 - i\L TA C\Jll1mitlllcnt
Form 1004-37
ORIGINAL
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Commitment For Title Insurance
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2, If the proposed Insured has or acquires actual knowledge of any defect, lien, encumbrance, adverse claim or other matter C -ee_;{llArdd
affecting the estate or interest or mortgage thereon covered by this Commitment other than those shown in Schedule B A vi? /
hereof, and shall fail to disclose such knowledge to the Company in writing, the Company shall be relieved from liability ,
for any loss or damage resulting from any act of reliance hereon to the extent the Company is prejudiced by failure to so
disclose such knowledge. If the proposed Insured shall disclose such knowledge to the Company, or if the Company
otherwise acquires actual knowledge of any such defect, lien, encumbrance, adverse claim or other matter, the Company
at its option may amend Schedule B of this Commitment accordingly, but such amendment shall not relieve the Company
from liability previously incurred pursuant to paragraph 3 of these Conditions and Stipulations,
CONDITIONS AND STIPULATIONS
1.
3. Liability of the Company under this Commitment shall be only to the named proposed Insured and such parties included
under the definition of Insured in the form of policy or policies committed for and only for actual loss incurred in reliance
hereon in undertaking in good faith (a) to comply with the requirements hereof, or (b) to eliminate exceptions shown in
Schedule B, or (c) to acquire or create the estate or interest or mortgage thereon covered by this Commitment. In no event
shall such liability exceed the amount stated in Schedule A for the policy or policies committed fOr and such liability is
subject to the insuring provisions, the Conditions and Stipulations, and the Exclusions from Coverage of the form of
policy or policies committed for in favor of the proposed Insured which are hereby incorporated by reference and are
made a part of this Commitment except as expressly modified herein.
4, Any action or actions or rights of action that the proposed Insured may have or may bring against the Company arising
out of the status of the title to the estate or interest or the status of the mortgage thereon covered by this Commitment
must be based on and are subject to the provisions of this Commitment.
Amcrican Land Titlc Association Commitmcnt 1966
Cover Pa"c
f'arm 1004-38
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COMMITMENT
FOR
TITLE
INSURANCE
American Land Title Association
1966
-
COMMONWEALTH lAND
TITLE INSURANCE COMPANY
A Reliance Group Holdings Company
Title Insurance Since 1876
HOME OFFICE
EIGHT PENN CENTER
PHilADELPHIA, PA 19103
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TOWN5HIF .. ~ ~.." SOUTH" RRNGE ...!? ERST, .... ..P.I.N.E.~~~~ .. . COUNTY, FLORIDR
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~ . CONTRACT FOR SALE AND PURCHASE BAR/FAR Form N
PARTIES:';;' Chestwood Partnershi Florida General Partnership ,8S "Se
0~.91l Gliestn~t Street. Clearwar, Florida 34616 I (Phone 461-1818
and City of Clearwater. Florida, ~A Municipal Corporation - _, as "Bu
of P.O. Box 4748, Clearwater. Florida 34616 (Phone 462-,6638
hereby agree that the Seller shall sell and Buyer shall buy the following property upon the following terms and conditions WHICH INCLUDE the Standard
Real Estate Transactions on the reverse hereof or attached hereto, hereinafter referred to as "Standard(s)",
I. DESCRIPTION:
(a) Legal description of real estate located in Pinellas County, Fie
The East 20.00 feet of Lot 16, Block 16, Magnolia Park Subdivision, according to the
Plat thereof, as recorded in Plat Book 1, Page 70, and further recorded in Plat Book 3
Page 43, of the Public Records of Pinellas County, Florida. Less right-of-way previou
given for Court Street and Easements of record. Contains 4002.8 Square Feet More or L,
(b) Street address, if any, of the property being conveyed is
(c) Personal property included: None.
N/A
II,
40,028.00
, , , , , , , , , , ,$
e
4.000.00
in the amount of, , , , ,$
(b)
interest $
bearing interest at % per annum and payable as to prinCipal and
per month, having an approximate prasent principal balance of, , " $
N/A
(c)
Purchese money mortgage and note bearing interest at
principal amount of , , , , , , , , , , , , , , , , , , , ,
Other
% on terms set forth herein below, in the
N/A
N/A
36,028 00
40,028.00
.$
$
.$
.$
(d)
(e)
Balance to close, (U.S, cash, certified Or cashier's check) subject to adjustments and prorations.
TOTAL
Jm[iIUDlCjJt~JiJI~ilixali'~~mi~I[i1E~
~JIXKa~~~~tIi~U~lOWI
mYyy'llXll(~JtJl!XJt:lXD~J[fxJncXXXXXXXXXXXXXXX~XlXIlIe'lllilIl~XSX/lmllXlXlXll
~~~K!ltX!X~JIi!XDae~llOtIlDJCEXllIlIOlK~IlaXXXXJCa
IV. TITLE EV IDENCE: Within 30 days from date of Contract, Seller shall, at hisexpense,daliver to Buyer or his attorney, in accordance with Standa'
either (CH EC K) 0 (1) or [l:(2): (1) abstract, or (2) title insurance commitment with fee owner's title policy premium to be paid by Seller at closing.
V. TIME FOR ACCEPTANCE AND EFFECTIVE DATE: If this offer is not executed by both of the parties hereto on or before December 16. 191
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 ba the
when the last one of the Seller and Buyer has signed this offer.
VI, CLOSING DATE: This transaction shall be closed and the deed and other Closing papers delivered on the
19 89 , unless extended by other provisions of Contract,
VII, RESTRICTIONS, EASEMENTS, LIMITATIONS: The Buyer shall take title subject to: Zoning, restrictions, prohibitions and other reQuirements impose
governmental authority; Restrictions and matters appearing on the plat or otherwise common to the subdivision; Public utility easements of record, (provided
easements are located contiguous throughout the property lines end are not more than 10 feet in width as to the rear or front lines and 711, feet in width as tC
side lines, ,unless otherwise specified herein); Taxes for year of closing and SUbseQuent years, assumed mortgages and purchase money mortgages, if
other: None.
provided, however, that none of the foregoing shall prevent use of the property for the purpose of Right~of-Way
VIII. OCCUPANCY: Seller represents that there are no parties in occupancy other than Seller, but if property is intended to be rented or occupied bel
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 pro~
at time of closing unless otherwise specified below, If occupancy is to be delivered prior to closing, Buyer assumes all risk of loss to property from date of e
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 its exi,
condition as of time of taking occupancy unless otherwise noted in writing,
IX. ASSIGNABILITY: (CHECK ONE) Buyer Dmay assign [1g may not assign, Contract,
X, TYPEWRITTEN OR HANDWRITTEN PROVISIONS: Typewritten or handwritten provisions inserted herein or attached hereto as Addenda shall co.
all printed provisions in conflict therewith.
1st
March
day of
XI.
SPECIAL CLAUSES:
1. The Buyer will allow Sunproof Corporation and customers ingress/egresl~ver the
North 100 Feet of the land being purchased through August 31, 198~ Access to
G_reenwoodAv.e. will be A.. rovided tho ereafter by right-of-way dedicatioD.. through. a
City approved drivewaYtft ~
----------------
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THIS IS INTENDED TO BE A LEGALLY BINDING CONTRACT.
IF NOT FULLY UNOERSTOOD, 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
----~----~;~~~;;..~.';~~;;~~.d.I...~&;%%
By: ~ -;!-'_'- -:L~'
City Mana.&e~ .':<_"" _ . ('j:,uyeK) /. _ ->__,
Attest: l~\irJ,\f~-:",,-;;. [., /~:-~~
City Clert- (Ye -::' .~. ,j ) ."(7(;.
Executed/bY S~I':Af~L.... . ~____ . I. ,J}4:.... .,: ..
C~JJIIII'ff./. 'eM, ~ . .-'."':'
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(SE
(SE
Attorne
(SE
Deposit(s) under II (a) received; If check, subject to clearance,
(Seller)
By;
(Escrow Agent)
BROKERAGE FEE: Seller agrees to pay the registered real estate Broker named below, at time of closing, from the disbursaments of the proceeds of 58le, C
pen58tion in the amount of % of gross purchese price for his services in effecting the sale by finding a Buyer, ready, willing and able to purchase purs
to the foregoing Contract, In the event Buyer fails to perform and deposit(s) is retained, 50% thereof, but not exceeding the Broker's feeabolle computed, sha
paid to the Broker, as full consideration for Broker's services including costs expended by Broker, and the balance shall be paid to Seller, If the transaction shall
be closed because of refusal or failure of Seller to perform, tha Seller shall pay said fee in full to Broker on demand,
(SEAL)
(SE
(Name of Broker)
(Seller)
C e.. .: to':? ~.)
REV,: 7/rrc.~fv
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(Selle!'i
STANDARDS FOfl REAL ",STATE TRA,\JSACTlONS
"", EVIDENCE OF TITLE: W An ~of title prepared or brought current by a reputable dnd existing abstract firm (,f not ex"tlng then certified as corr t
'" ..xosting firml purportll1g to be an accurate synopsis of the instruments affecting rhe ntle to sUbJec: real property recorded 111 the public recordS at the c~";,t 1
""..rein the land is situated, through date of Contract, An abstract shall commence with the earliest public records. or such later date as may be customary in ~t
')\l.HY ~herein the land is situated. Seller shall convey a marketable, title. in accordance with TitleStandards adopted from time to time by The Florida Bar, subje
Jnl'l to liens. ancumbrances. exceptions or qualifications 'let forth In thIS Contract and those which shall oe dlscnarged OV Seller at or before closing. Upon closi.
"f rhis transactiOn such abstract shall become the propertY of.Buyer, subject to the right of retention thereof by first mortgagee until fully paid; or L2J a title in"
In..;~ r:onlrnitmp.nt issued by a qualified title insuror agreeing to issue to Buyer, uoon recording of the deed to Buver, an Owner's policy of title insurancp. In tl
lmount of tne purchase price, insuring title of the Buyer to the real property. 5UO;dct only to liens, encumorances, dxceptions or qualifications set forth in tt"
C~nu.act and thosa which shall be discharged bV SRller .It or before closing. Buyer ihall have 30 days, if abstr~ct, or 5 days. if title commitment, from data of,
:Bl~/;ng evidence of title to examine same. If title is found defective. Buyer shall, within 3 days thereafter, notify Seller in writing spt!cifying oefect(:
:f ~aid defect(s) render title unmark..table, Seller shall have 120 days from receipt of notice within which to remove said defect(s), and if Seller i. unsuccessful
.moving them within said tim.., Buyer shall have the option of either (1) accepting the title as it then is, or (2) demanding a refund of all monies paid hereund
,',nich 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; ho'
"',er, Seller agrees that he will. if title is found to be unmarketable, 4se diligent effort to correct the defect(s) in title within the time provided therefor, includi,
the bringing of necessary suits.
a. EX ISTING MORTGAGES: Seller shall furnish a statement from the mortgagee(s) setting forth principal balance, method of payment, interest rate and wheth
:ne mortgage( s)~ in good stal'ding, I f a mortgage requires approval of the Buyer by the mortgagee in ord~ to avoid default, or for assumption by the Buyer of "
,,,ortgage, and W the mortgagee does not approve the Buyer, the Buyer may resc,nd the Contract, or L2.. requires an increese in the interest rate or charge. a f
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
::;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, PU RCHASE MON EY :\010 RTGAG ES: The purchase money note and mortgage, if ,ny, .hall provide for a 30 day grace period in the event of default if it i
first mortgage and a 15 day grace period if a second mortgage; shall provide for right of prepayment in whole or in part without penalty; shall not provide I
3cceleration in event of resale of the property; and .nall be otherwioe in form and content required by Seller's attorney; provided, however, Seller may only
'3uire c':Juses customarily found in mortgages and mortgage notes generally utilized by savings and loan institutions \n the e'01,lnty wherein the propertY is locat.
Said mortgage shall require the owner of th.. property encumbered to keep all prior liens and encumbrances. in-g'oOd stanc1i.nor~nd forbid the owner of the p
:oerw from accepting modifications of or future advances under prior mortgage(s). All personal propertV being conveyed will,~t 6~ion of Seller, be subject to 1
! ien of the mortgage and evidenced by recorded Financing Statements. ' .' ....,........... - ." ". _:-
:J, SURVEY: The Buyer. within time allowed for delivery of evidence of title and examination there't>f.. rJTay have the pro'oerw'..nveyed at his expense, If 1
."rvey. certified ~y a registered i'lorida surveyor. shows any encroachment on .aid property or that impr.....-~ents jntended to b'~_!oC:!te<l on the subject propertY
fac': ancroach on lands or others. or violdce any of the Contract covenants. the same shall be treated,ds a rit!e defec_~. .JIrny survey ~'tepdl:.ed in connection with or a
consequence at this transaction may include a description of the propert'{ under the i'lorida Coordi"at~~tem aLOJefir>ed.i.n ,Chap~<.].:;>r, Florida Statutes,
E. TeRMITE.S: The Suver, wirhin time allowed for deliver" of evidence of title and exomination thereo~, or no T~r,than'O day~ prtor-to closing. whichever d
occurs last, may have the improvements inspeGted at Buyer's expense oy a Cartifif!d ?est Control Operator to ~rmjnJ! wheth~r"tt"...2-:e i~ any visible active term
infi!5tation or visible ~xisting damage from termite infestation in the improver1~nts. :f Buyer is informe.d"pr eit!,~r"e-r botfi'OT the..roreogolng, Buyer will have 4 d,
rrol"""l date of 'Nritten notice thereof or 2 aays after selection of a contractor, /Jnichaver occurs first. '.vittTi..n I.OLI"T'tc:f't:-to -ha've all d~~age5, whether visible or not,
,pec~ed and estimated by a licensed building or general contractor, Seller shail oay valid costS of rreatme!'t.and .r,.pair of all diI"J"ge up ~o 1 ;',% of Purchase ?r;
Should such costs exceeo that amount, Suyer .hall have the option of canCelling Contract with,n 5 d~y,. /ltter receipt of.c:b<ltr1>Ctor's repair estimate by giv
'Nri':~F!n notice to Seller. or Buver may elect to proceed with the transaction, in which event Suyer sM.a1l fet':eive.a...~tEtd..it4't_ciosing of an amount equal to 1%%
said ?urchase Price. "Termite" shall be deemed to include all wood destroying insects. - 0- .. .
F, INGRESS AND EGRESS: Seller covenants and warrants ~hat 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 311 written leases and estop'pel letters from each tenant specifying
nature and duration of said tenant's occupancy. rantal rates and advanced rent and security deposits paid by tenant. In the event Seller is unaole to Obtain Sl
letters from eacn tenant, the same information snail be furnished by Seller to Buyer within said timf::: periOd in the form of a Seller's affidavit, and Buyer IT
:ner..after contact tenantS to confirm such information, Seller shall oeliver and assign all original leases to Suyer at closing,
i-1. i..1 ENS: Seller shall, both as ~c the realty and personalty being ,old hereunder, furnish to Suyer at time of closing an affid.vit attesting to the absence unl
otherwise provided for herein, of any financing statements. claims of lien or potentiallienors known to Seller and further attestin'~ that there have been no imprc
ments to ,he property for 90 days immediately preceding date of closing, If the property has been improved within said time, S""er shall deliver releases or wai,
of all mechanic's liens, executed by general con~r~ctor5i. subcontractors. suppiiers, and materialmen, in addition to Seller's lien arfidavit set1:ing for:n the name~
all such general ,;ontractors, .ubcontractors, suooliers and materialmen and further reciting th.t in fact all bills for wor.k to the subject property which could s.
as a basis Tor a mechanic's lien have been paid or ...vill O'e paid at closing.
I. PLACE OF CLOSING: Closing shall be held in county wherein propertY is located, at the office of attorney or other closing agent oesignated by Sel
J, TIME: Time is of the essence of this Contract, Any reference herein to time periods of less than 6 days shall in the computation thereof exclude Saturdays,:
days and legal holidays, and any time period provided for herein which shall end on a Saturday, Sundav or legal holiday shall extend to 5:00 p,m, of the next
business day-
,<, DOCUMENTS FOR CLOSING: Seller shall furnish deed. mechanic's lien affidavit, assignments of leases, and any corrective instruments that may be require,
;onnection with perfecting the title. Buyer shall furnish Closing statement, mortgage, mortgage note, and financing statements,
:.., i:XPENSES: State surtax and documentary stamps which are required ~o be affixed to the instrument of conveyance, intangible tax on and recording of I
;hase 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 nl
...cured by the purchase money mortgage, cost of recording the deed and financing statements shall be paid by Buyer,
:.1. PRO RATION 0 F TAX ES (R EAL AND PE RSONALl: Taxes shall be prorated based on the current year's ,ax with due allowance made for maximum allow,
discount and homestead or other exemptions if allowed for said year. Ifclqsing occurs at a date when the current year's millage is not fixed, and current ye
3ssessment 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
be prorated on the prior year's tax; provided, however, if there are completed improvements on the propertY oy January 1st of year of closing, which improvem,
."~re not in existence on January, 1st of the prior year, then taxes shall be prorated based upon the prior veer's millage and at an equitable assessment to be ag'
.on between the parties, failing which, request will be made to the County Property Appraiser for an informal assessment taking into consideration homes'
~mption. if any, However, any tax proration based on an estimate may at request of either partY to the transaction, be subsequently readjusted upon receip
, oill on condition that a statement to that effect is set forth in the closing statement.
:;PECIAL ASSESSMENT LI ENS: Certified, confirmed and ratified special assessment liens as of date of closing (and not as of date of Contract) are to be 1
,eller, P~nding liens as of date of closing shall be assumed by Suyer, provided, howe'!er, that where the improvement has been substantially completed as of
OJ'" of C.Jntract, such pending lien shall be considered as certified, confirmed or ratified and Seller shall, at closing, be charged an amount equal to the last estin
:>y the puolic body, of the assessment for the improvement,
0, P:RSONAL PROPERTY INSPECTION, REPAIR: Seller warrants that all major appliances, heating, cooling, electrical, plumbing systems, and machinery ar
'Norking condition as of 6 days prior to closing, Suyer may, at his expense, have inspections made of said items by licensed persons dealing in the repair and rT
'enance 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 cia!
whichever is first, Unless Suyer reports failures within said period, he shall be deemed to have waived Seller's warrantY as to failures not reported, Valid repo
failures shall be corrected at Seller's cost with funds therefor escrowed at closing, Seller agrees to provide access for inspection upon reasonable notice.
?, RISK OF LOSS: If th.. improvements are damaged by.fire or other casualtY prior to closing, and costs of restoring same does not exceee 3% of the Ass.
Valuation of the improvements so damaged, cost of restoration shall be an obligation of the Seller and Closing shall proceed pursuant to the terms at Con'
w,th COSt therefor escrowed at closing, I n the event the cost of repair or restoration exceeds 3% of the assessed valuation of the improvements so damaged, B
shall have the option of either taking the propertY as is, together with either the said 3% or any insurance proceeds payable by virtue of such loss or damage, (
canceling Contract and receiving return of deposit(s) made hereunder,
0, MA I NTE N ANC E: Notwithstanding provisions of Standard 0, between Contract date and closing date, personal property referred to in Standard 0 and
propertY, including iawn, shrubbery' and pool, if any, shall be maintained by Seller in conditions they existed as of Contract date, ordinary wear and tear exce~
~, PROCEEDS OF SALE AND CLOSING PROCEDURE: The deed shall be recorded upon clearance of funds and evid~nce of title continued at Buyer's expo
:0 ,how title in Buyer, without anv encumbrances or change which would render Seller's title unmarketable. from the date of the last evidence and the cash
,:aed. of sale <hall be held in escrow by Seller's attorney or by such other escrow agent as may be mutuelly agreed upon for a period of not longer than 5
from and aher closing date, If Seller's title is rendered unmarketable, Buyer shall within said 5 day period, notify Seller in writing of the defect and Seller
~ we 30 days from date of receipt of such notification to cure said defect, I n the event Seller fails to timely cure said defect, alimonies paid hereunder shall, l
,vritten demand therefor and within 5 days thereafter, be returned to Suver .nd, simultaneously with such repayment, Buyer shall vacate the premises and r.
',,,!V 'he property in question to the Seller by special warranty deed, In thPo event Suyer fails ,0 make timely demand for refund, he .hall take ritle as is, waivlr
,ignts against Seller as to such intervening defect except as may be available to Buyer by virtue of warranties. if any, contained in deed. I n the event a portion 0
purchase price is to be derived from institutional financing or re-financing, the requirements of the lending institution as ~o place, time and procedures for cia
,nd for ,JisOurseonent of mortgage proceeds, shall control, anything in this Contract to the contrary notwithstanding, Provided, however, that the Seller shall
~n" right ~o require from such len<ling institution at closing a commitment that it will not withhold disbursement 0' mortgage proceeds as a result of any ~itle d
lttributable to Buyer. mortgagor,
S. ESCROW: Any escrow agent receiving funds is authorized and agrees by acceptance thereof to promptly '.Ieposit and to hold same in escrow and to disi
'aone subject to clearance thereof in accordance with terms and conditions of Contract, Failure of clearance uf funds shall not excuse performance by the S
In the ..vent of doubt as to his Juties or liabilities under the provisions of this Contract, the escrow agent may in his sole discretion, continue to hold the m
.vni,:h ,"e the subject of ,his escrow until the pMties mutually agree to the disbursement thereof, or until a judgment of a court of comoetent juriSdictiOn
CJ~termine the rights of the parties :heretO, or he may depOSit 311 the monies then held pUr5uant to this Contract with the Clerk of the Circuit Court of the Cc
"d."ng juriSdiction of the dispute, dnd upon notifying all parties concerned of such dction, all liability on the part of the eScrow .gent shall fully terminate, eJ
:') ~h.. extent "f ,;ccounting for an'/ monie. 'h..reto:,>re deiivered out of escrow, I f a licensed real estate broker, the escrowee will comply with provisions of Se
~;'j,25 (~; Ic;, r,.c", as ornenop.d, ,,, the ,,"ent ,:of any sliit ',)etween Suyer and Seller '.vnerein the dscrow "gent is made a party bV virtue of acting as such~'
;,1.."t hereunder, or in the .vent of "n'/ 3uit ',vh"rein eScrow agent interpleads :he subject matter of chis escrow, the escrow agent ;nail be entitled to recc
-'!iSenable attorn..y's fee and COitS incurred. sa,d '..."s and ,:c,>ts to be charged and assessed as court costS in favor of the orevailing oarty. All parties agree th,
.,crow agent >lldll not be liable to any PMtY or oer<On wno",1ioever for misdeliver'l to Suyer or 5..,ler of monies subject to this escrow. unless such misdelivery
.:.>J due to ',...villful breach of this Contract or gross neqligence on the part of the escrow agent.
AT,ORNE'{ FEES AND CCSTS In >:unnection 'Nith any litigation inc'uding appellate proceedings arising out of this Contract, the prevailing partY ,h
H't,tled to recover reasonaDI~ attorne';''i fp.es dn<J costs.
.J ,:J<::F .\'JL T, If Buyer fad< co per.orm chis Contrac, 'Nithin the tirn~ ,peclfied" the deposit!s) paid by the Suyer afor..sa,d may be retained by or for the ac
); Se"er.. liquidated darn ages, con.ieer.tion for the execution of thi, Contract dnd in full ,ettlement of any claims; ,,,hereuoon all parties shall oe relie_
"I ':Obliga'ions under the Contract: or Sell"r, at his option, rnW omceed at law or In equitv to enforce his legal rights under this Contract, t, for any reason
'nan iadura of Sellar to r~noer his title marKetable after '1il'gent effort, Seller faiis, neglect1 CJr refuses to oerform this Contract. the auver may seeK specif;
';'ormanca or diRct to recei'Je the return of his dep0sit(s) without therebY wiiiving arw 3ction f"'J" damages r~sulting from Seller's br'each.
I, C:J~,JTR""CT NOT RECORDABLE, PERSONS SOUND AND NOTICE: ~Je'ther thiS C;Jntract nor any ~otlce thereof snail be recorded ", any public roO'
-;-"1 is Contract shall bind and inure to the benefit of the ;>Mties heretO and their ,uccessor5:" ,,~terest, Whenever the cOn!~xt permits, 3ingular sh,lI ,nclude Plur
J("l'! genddr shall include ill!, ~otjce qiven 'r)V \,)r 1:0 :~e ]'(',:orneV for either party ~hal' oe as -!ff~ctiv~ 350 if given ':JV or ':0 said oart'!.
','J "ROR,"'TIO~JS ,"'~JD INSU8A~.CE: T..es, ~ssessrT'ents. rent. interest, insurance and ather e,<oenses and '.venue of sa,d oraClerty shail he ororated as 0
J. closing. Buyer sha" have the option of taking over any a.,sting policies of insurance on the oroperty, if a"UrT'ab'... in whicn event premiurT's shall oe pro
7"ha cas" at closinq shail he increased or decreased ,JS may be required by said ororations, All referp.nces ,n Contract to prorations as of dat.. or closing-
Jl!e(T'lf~d "datB of occupancv" if occupancy occurs prior to closing, unless otherwise provtdt!d for herein.
X, CON V EY ANC E: Seller shall convey title to the aforesaid real property by statutory warranty deed subject only to matters contained in Paragraph V II h
~J;'~e~:I,:.ro~ertY sha~l~ at the request of Buye" oe jOnVeyed by an absolute bill of sale with warranty of tile, suoJect to such I,ens as may oe otherwise pr<
y, OTHER AGREE:VIE"lTS: No prior or prese~agreerT'ents or ~epresentatiOns shall be b,inding uP'1 anv of the parties heretO '"nleSS incorpora
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Note: This is not 0 Survey,
7/26/88
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