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AUBREY ROBINSON-ANN ROBINSON-ALBERT ROGERO JR-MARY ROGERO '\. Return to: (enclose sel'.-addressed stamped eJ,lope) Nlme Jerry C. Cobb ,Esquire Post Office Box 1348 Clearwater, FL 34617 This Instrument Prepared by: Addr...: Addr...: WARRANTY OEEO INDIVIO. TO INDIVID RAMeo FORM 01 I PINELLAS COUNTY FLA. OFF . RE~(:.._!fKnZ{>;-5?__eCLJ24J I NST f. 91....204009 JLY 30, 1991 5:15PM i Jerry C. Cobb, Esquire Post Office Box 1348 Clearwater, FL 34617 Ii I ~ ! .. ! J Property Appraisers Parcel Identification (Folio) Number(s): :,:) ~ SPACE ABOVE THIS LINE FOR PROCESSING DATA I~ 0 \~.> '1.. ~~} lhis :Warrant" Jerd Made the 30th Jay of July A D. 199.;1: hy '(..\': / r.., AUBREY ROBINSON and ANN ROBINSON, his wife, as to an undivided 66 2/3% interest, and '.' ~:.:). / \.0. ALBERT L. ROGERO, JR. and MARY M. ROGERO, his wife, as to an undivided 33 1/3% interest )( '. '? 'j \,: '\ Iwreina!ter called the grantor, to 'iq TOTAL/.3~ :..::: U:::Q W I u~ u::. .. w>- :":::ir1 -:: -iQ irIW WH OLL H +U:: u....W ::> Z WQ wu: -iO LeU -::w ~" SPACE ABOVE THIS LINE FOR RECORDINO OJ T& CITY OF CLEARWATER, FlORIDA wllOse postoffice address is r::: (J), ~ 'III~ ~~ J "J-.1 . ?H ~ I 8' hereinafter called the grantee: (Where....er lI~ed herein rh.' Ie-Tins "'(fallror" and "~rallh'e" include all lh~ partirs to this instrument and lht" heirs, le_'(al rf'prt"entalin's and a~~ilo(m. or individuah. and the sU('ceS~(lrs and assi,l(ll!; or corporations) ~Unesseth: TIlUt tile> wall/Or, for ami ill ccltlsir/l'ralioll of t'le> sum of $ 10.00 and other t>alua/)l,. consid,'ralions, rpce>ipt w'len'of is IIl're>/)y ackllol"/I'(/rWr/, IIl'rl'/JY [lrallts. haruains. sells. aliells. re- mises. releases, conveys ami confirms unto till' grantee. ull IIwl cl'r/uill lalld situate in Pinellas County. Florida. t>iz: SEE EXHIBIT "A" A'ITACHED HERETO AND MADE A PARI' HEREOF SUBJECT TO easements, restrictions and reservations of record. /3571, ~ t!!..~.-&A' Td Pd. . .~ . . . Intangible Tax Pd. ~ F~laker, Glerk. PI","a. CountY By. . t.T(19-. D~ Cleltl J ogether with all the tenements, hereditaments and appurtenances thereto belonging or in any- wise appertaining. J 0 Jlalle and to Jfold, the same in fee simple forever. Ind tile grantor hereby covenants with said grantee that the grantor is lawfully seized of said land in fee simple; that the grantor has good right and lawful authority to sell and convey said land; that the grantor hereby fully warrants the title to said land and will defend the same against the lawful claims 0/ all persons whomsoever; and that said land is free of all encumbrances, except taxes accruing subsequent to December J I. I c;e 0 . In ~itntss ~htrtof, the said grantor has first abovewril/en. and year L.S. ,......................... :,.....~- L.S. officer duly authorized in the Statc aforesaid and in the County aforesaid, to take acknowledgments, Pl:rsonallr appeared Aubrey Robinson and Ann Robinson, his wife, as to an undivided 66 2/1% interest to me known to be the person S described in and who executed the foregoing instrument and 'they before me that they executed the same. .. ""cknow ledged /5~ WITNESS my hand and official seal in the County and State last aforesaid this 4 A.D. 19 91. ~ My ;~':'~~~~~~~;.;! mi... .. ~. (~:'.m.....m........ Jerry c. c~kt'ary Pu.ul1c/2'C/.?-.r~.,"'v - day '-of 1} STAlE OF FIDRIDA COUNTY OF PINELLAS ,.'( Fl A · C' COUN .. 74'') C.'lNEU..A.--). '..t'7 Pl3_L,':..... r Y'-\K 76,;1,__- I'-I'" gFC.J;; //- _ o.,::...~_...:_-<:- _.:. _ _ I HEREBY CERTIFY that on this day, before me, an officer duly authoriZErl in tile State aforesaid and in the County aforesaid, to take acknowledgements, personally appeared ALBERT L. R.CX;ERO, JR. and WffiY N. ROGERO, his wife, as to an undivided 33 1/3% interest, to me known to be the persons described in and who executed the foregoing instrument and they acknowledged before ne that they executed the same. ~VITNESS my han~~ Off. i. cial seal in the Cormty and State last aforesaid:this '. /7 dayof ~ ,1991. (~ _ No' ~hC My Commission Expires: ~ M' Notary rubric, ~~.)f,! nl F!~r;r!!> 'I '. co': '.' ".'dl Bondod Thru " '. ... ~.". -l.. ~""'J> 'I:),), LOt Fain. Jnsuranco Jnc.. '.'. If I, f .. .I ~ . , ....l " ,I )PINELLAS COUNTY FLA. J1Et_.I~EC. BK 76:37 F'G 174:'5 -,. --.--..---------. ---- --" --------.------.---..- EXHIBIT "A" PARCEL I: Lot 13, Block 1, MOASE AND HARRISON'S. SUBDIVISION OF LOT 7 OF R.H. PADGETT'S SUBDIVISION, accordini'to the plat thereof, as recorded in Plat Book 2, Page 85, Public Records of Hillsborough County, Florida, of which Pinellas County, Florida, was formerly a part. PARCEL II: Lot 12, Block 2, MOASE AND HARRISON'S SUBDIVISION OF LOT 7 OF R.H. PADGETT'S sqBDIVIS~ON, according to the plat thereof, as recorded in Plat~~ook 2, Page 85, Public Records of Hillsborough County, Florida, of ..which Pine lIas County, Florida, was formerly a part. . PARCEL III: Lot 13, less the South: f. 4 feet thereof., Block 2, MOASE AND HARRISON'S SUBDIVISION of Lot 7 of R.H. PADGETT'S SUBDIVISION, according to the map or plat thereof, as recorded in Hillsborough Plat Book 2, Page 85~ of the Public Records of Hillsborough County, ,Florida, of'~hich Pinellas County was formerly,a part. LESS AND EX9E~TTHEREFROM: A parcel of land in Lot 13, BlOck 2, MOASE AND HARRISON'S SUBDIVISION, according the the map or plat thereof, as recorded in Plat Book 2r Page 85 of the Public Records of Hillsborough County, Florida, of which Pinellas County was formerly a part, described as follows: Begin at NE corner of Lot 13, run South 32.2 feet along West right-of-way of Madison Avenue for a P.O.B.; thence run South 15 feet along said right-of-way to North right-of-way of Court street; thence West 15 feet along North right-of-way of Court Street; thence NE to P.D~B.; containing 112.5 square feet. 27088235 RMH' ,I' RECORDING DOC STAMPS r:1=.r~ Oli TO' , _t,_"_' ':,,t, ;: ,........ 3"' M' IU- 11_..'1 '_"J ....: .. J. CPISH CHECh TOTAL: AMT Tt:"i\Ji1!:"DFOI' . 0' . J' : ~.r 'I~',-$\_ I; Ar1-i; TE~i.DERED: t'lJi\~li:r r '.oJ: iHilU.!.-a 16: 'U'~ 56 1 $15;OD 2 $1 J.350= GO g:, : ~ 'OD --.-----.....-- $1;: 3t56, 00 $1; 00 ... - ... 0." .... ,'.1 .~' . f I ~ 1.; ."::0,);: ~ iJ $0: GO REC~lVED ~UG 06 \99\ CITY CLERK 1- CITY OF CLEARWATER Interdepartmental correspondence Sheet TO: Cynthia E. Goudeau, City Clerk M. A. Galbraith, Jr., City Attorney ~ Purchase from Robinson/Rogero - Lots 12 and 13, Block 2, and Lot 13, Block 1, Moase & Harrison Subdivision, for future development FROM: RE: DATE: August 5, 1991 The subject purchase was completed on July 30, 1991, and enclosed are the following documents: Contract for Purchase and Sale Settlement Statement Title Commitment # C-9912-614100 issued by Stewart Title Guaranty Company and endorsement Title Policy # 0-2111-03996 issued by Stewart Title Guaranty Company Survey Tax proration agreement Directions for payment of purchase price Affidavit of no liens (Robinson) Affidavit of no liens (Rogero) Non-foreign certification by individual transferor (Robinson) Non-foreign certification by individual transferor (Rogero) Copies of the following documents: Warranty deed I will forward the original deed when I receive it. MAG: jmp Enclosures Copy: Daniel J. Deignan, Finance Director w/copy of Settlement Statement CONTRACT FOR SALE AND PURCHASE ~;RTIE~l:~~~:~~;: :~~~~~~n 3~$~n (:OR R~~~~~()n, H & ~M:~~i~h:~;e~~1 R(~?~~; .Jr and City of Clerl~wrlter. ~roX'id1. ("Buyer"), of POBox 4748 C]erl~~"'Qter Flori"13.1618 .. (Phone). hereby agree that the Seller shall sell and Buyer shall buy the follo":"ing real property ("Real Property") and personal property ("Personalty") (collectively "Property") upon the following terms and conditions, which INCLUDE the Standards for. Real Estate Transactions ("Standard(s)") printed on the reverse or attached and any Riders and Addenda to this instrument. I. DESCRIPTION: (a) Legal description of Real Property located in Pin e 1Ia s County, Florida: Lots 12 & 13. Block 2. less Road ROW in SE cor of Lot 13 and Lot 13 Block 1. Moase & Harrison Subd Plat Book H2 page 85 (b) Street address, city, zip, of the Property is: Court Street and Madison Avenue. Clearwater (c) Personalty: None &I ("Seller"), ), II. PURCHASE PRICE , . PAYMENT: (a) Deposit(s)to be held in escrow by Rare Earth Properties. Iue. (b) Additional escrow deposit within - 5- days after Effective Date in the amount of (c) Subject to AND assumption of mortgage in good standing in favor of ....$ 225.000.00 in the amount of , . $ .............. .. $ -0- 5.000.00 having an approximate present principal balance of . , $ (d) Purchase money mortgage and note bearing annuai interest at % (see Addendum) in amount of ... $ (e) Other: $ (f) Balance to close (U.S. cash, LOCALLY DRAWN certified or cashier's check), subject to adjustments and prorations, .... $ 220. 0 00 . 00 III. TIME FOR ACCEPTANCE; EFFECTIVE DATE; AC IMIL'l!.i~i is not executed by and delivered to all parties OR FACT OF EXECUTION communicated in writing between the parties on or.before 'l e It(S) will, at Buyer's option, be returned to Buyer and this offer withdrawn. A .facsimile copy of this Contract for Sale and Purchase ("Contract") and any signatures h on s II considered for all purposes as originals. The date of Contract ("Effective Date") will be the date when the last one of the Buyer and Seller has signed this offer. IV. FINANCING: NOT APPLICABLE (a) If the purchase price or any part of it is to be financed by a third-party loan, this Contract is conditioned on the Buyer obtaining a written commitment for (CHECK (1) or (2) or (3)): (1) D a fixed, (2) D an adjustable or (3) D a fixed or adjustable rate loan within_ days after Effective Date at an initial interest rate not to. exceed---.:..:..%, term of years and for the principal amount of $ , Buyer will make application within days after Effective Date and use reasonable diiigence to obtain the loan commitment and. thereafter, to meet the terms and conditions of the commitment and close the loan. Buyer shall pay all loan expenses. If. Buyer fails to obtain the commitment or fails to waive Buyer's rights under this subparagraph within the time for obtaining the commitment or after diligent effort fails to meet the terms and conditions of the commitment, then either party thereafter by prompt written notice to the other may cancel the Contract and Buyer shall be refunded thedeposit(s), (b) The existing mortgage described in Paragraph lI(c) above has (CHECK (1) or (2)): (1) D a variable interest rate or (2) D a fixed interest rate of % per annum. At time of title transfer some fixed interest rates are subject to increase. If increased, the rate shall not exceed % per annum, Seller shall, within days after Effective Date, furnish statements from all mortgagees stating principal balances. method of payment, interest rate and status of mortgages, If. Buyer has agreed to assume a mortgage which requires approval of Buyer by the mortgagee for assumption, then Buyer shall promptly obtain all required applications and will diligently complete and return them to the mortgagee. Any mortgagee charge(s) not to exceed $ shall be paid by (if not filled in, equally divided), If Buyer is not accepted by mortgagee or the requirements for assumption are not in accordance with the terms of this Contract or mortgagee makes a charge in excess of the stated amount, Seller or Buyer may rescind this Contract. by prompt written notice to the other party unless either elects to pay the increase in interest rate or excess mortgagee charges. V. TITLE EVIDENCE: At least -] 5- days before closing date, Seller shall, at Seller's expense, deliver to Buyer or B~a r'J'!R1I1'1..a. ?1:/(aJ~(e with Standard A, (CHECK (1) or (2)): (1) D abstract of title or (2)::KI title insurance commitment and. after closing, owner's policy of title insurance. 0 O. ': ~ I~ /',. VI. CLOSING DATE: This transaction shall be closed and the deed and other closing papers delivered on e d by other provisions of Contract. VII. RESTRICTIONS; EASEMENTS; LIMITATIONS: Buyer shall take title subject to: zoning. restrictions, prohibitions and other requirements i y governmental authority; restrictions and matters appearing on the plat or otherwise common to the subdivision; public utility easements of record (easements are to be I c' OJ us to Real Property. lines and not more than 10 feet in width as to the rear or front lines and 7'12 feet in width as to the side lines, unless otherwise stated herein); taxes for year of closing and subsequent years; assumed mortgages and purchase money mortgages, if any; other: ; provided, that there exists .at closing no violation of the foregoing and none of them prevents use of Real Property for general eommerc ia 1 purpose(s). VIII. OCCUPANCY: Seller warrants that there are no parties in occupancy 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) or occupants disclosed pursuant to Standard F. Seller agrees to deliver occupancy of Property at time of closing unless otherwls(: stated herein, If occupancy is to be delivered before closing, Buyer assumes all risk of loss to Property from date of occupancy, shall be responsible and liable for maintenance from that date, and shall be deemed to have accepted Property in its existing condition as of time of taking occupancy unless otherwise stated herein or in a separate writing, IX. TYPEWRITTEN OR HANDWRITTEN PROVISIONS: Typewritten or handwritten provisions shall control all printed provisions of Contract in conflict with them, X. RIDERS: (CHECK if any of the following Riders are applicable and are attached to this Contract): (a) D COASTAL CONSTRUCTION CONTROL LINE RIDER (c) D FOREIGN INVESTMENT IN REAL PROPERTY TAX ACT RIDER (b) D CONDOMINIUM RIDER (d) D INSULATION RIDER (e) D FHA/VA RIDER (I) D OTHER: XI. ASSIGNABILITY: (CHECK (1) or (2)): Buyer (1) 1:9 may assign or (2) D may not assign this Contract. XII. SPECIAL CLAUSES: (CHECK (1) or (2)): Addendum (1) D is attached or (2) ~ there is no Addendum. XIII. TIME IS OF THE ESSENCE OF THIS CONTRACT. BUYER'S INITIALS XIV. DISCLOSURES: Buyer D acknowledges or D does not acknowledge receipt of the agency/radon/compensation and estimated closing costs disclosures... THIS IS INTENDED TO BE A LEGALLY BINDING CONTRACT. IF NOT FULLY UNDERSTOOD; SEEK THE ADVICE OF AN ATTORNEY PRIOR TO SIGNING. THIS FORM HAS BEEN APPROVED BY THE FLORIDA ASSOCIATION OF REALTORS AND THE FLO A BAR. Approval does not constitute an opinion that any of the terms and conditions.in this Contract should be accepted by the in a parllcular.. transaction. Terms and conditions should be negotiated based upon the respective interests, o' I es and bargaining tion 0 /I interesteyersons. Ff.<(fR~m 1991 BY T~E~~R~':..B~R ~N~ T~E ORIDA OCIATION EA / . & -,.. -er , Da te Cl:ty erk .' . . , -(0 - f( Date COItUU1SS10ner . 6-i-t;l Date- . . ev Deposit under Paragraph lI(a) recel D" R THAN CASH, THt:N SUBJECT TO CLEARANCE. BROKER'S FEE: (CHECK AND COMPLETE THE ONE APPLICABLE) By: XJ IF A LISTING AGREEMENT IS CURRENTLY IN EFFECT; Seller agrees to pay the Broker named below, including cooperating sub-agents named, according to the terms of an existing, separate listing agreement: OR D , .-' {, -(0-';; / (::1 ty- -J~ldrrager Date IJ ftid7 0/ Ioate 3-1 J- '1{ Date ~/5 (Date _ (Escrow Agent) IF NO LISTING AGREEMENT IS CURRENTLY IN EFFECT: Seller agrees to pay the Broker named below, at time of closing, from the disbursements of the proceeds of the sale, compensation in the amount of (COMPLETE ONLY ONE) - % of gross purchase price or $ for Broker's services in effecting the sale by finding the Buyer ready, willing and able to purchase pursuant to the foregoing Contract. If Buyer fails to perform and deposit(s) is retained, 50% thereof, but not exceeding the Broker's fee above provided, shall be; paid Broke;r as full consideration fo Broker's services. including costs expended by Broker, and the balance shall be paid to Seller, If the transaction shall not close because of refusal or failure of Seller to . '. rf m Iler shall pay the full fee to Broker de;mand. In any litigation arising out of the Contract concerning the Broker's fee, the prevailing party shall r - v son able att y and costs. (firm name of selling Broker) By: (a'~thorized signatory) ,.I'J"'RS eM, Sf: OFT~INEn f'R"~!- THE FlORIDA ASSOCIATI()~: G'" r;':',",Tt:PS OR THE FLOR!D~.. 8,',R. Ra --...--. ,o,',' 'l '"'(00 nnr r..J rr" , STANDARDS FOR REAL ESTATE TRANSACTIONS A. EVIDENCE OF TITLE: (1) An abstract of title prepared or brought current by a reputable and existing abstract firm (if not existing then certified as correct by an existing firm) purporting to be an accurate synopsis of the instruments affecting title to the Real Property recorded in the public records of the county wherein Real Property is located through Effective Date and which shall commence with the earliest public records, or such later date as may be customary in the county. Upon. closing of this transaction, the abstract shall become the property of Buyer, subject to the right of retention thereof by first mortgagee until fully paid. (2) A title insurance commitment issued by a Florida licensed title insurer agreeing to issue to Buyer, upon recording of the deed to Buyer, an owner's policy of title insurance in the amount of the purchase price insuring Buyer's title to the Real Property, subject only to liens, encumbrances, exceptions or qualifications set forth in this Contract and those which shall be discharged by Seller at or before closing. Seller shall convey marketable title subject only to liens, encumbrances, exceptions or qualifications specified in the Contract. Marketable title shall be determined according to applicable Title Standards adopted by authority of The Florida Bar and in accordance with law. Buyer shall have 30 days, if abstract, or 5 days, if title commitment, from date of receiving evidence of title to examine it. If title is found defective, Buyer shall, within 3 days, notify Seller in writing specifying defect(s). If the defect(s) rer:Jer title unmarketable, Seller will have 120 days from receipt of notice within which to remove the defect(s), failing which Buyer shall have the option of either accepting the title as it then Is or demanding a refund of deposit(s) paid which shall immediately be returned to Buyer; thereupon, Buyer and Seller shall release one another of all further obligations under the Contract. Seller shall, if title is found unmarketable, Lise diligent effort to correct defect(s) in the lit~ within the time provided therefor, including the bringing of necessary suits. B. PURCHASE MONEY MORTGAGE; SECURITY AGREEMENT TO SELLER: A purchase money mortgage and mortgage note to Seller shall provide for a 30-day grace period in the event of default if a Ii,.,..!: ri1ol.tgage and a 15-da'j grace period if a second or lesser mortgage; shall provide for right. of prepayment in whole or in part without 'penalty; shall not permit acceleration or 'Interest adjustment in event of resale of Real Property; shall require all prior liens and encumbrances to be kept in good standing and forbid modifications of or future advances un~r .prior martgag,;1sLand the mortgage, note and security agreement shall be otherwise in form and content required by Seller; but SeHer may only require clauses customarily Jound iA' mortga(l6S, rT'Ol'lgege notes and security agreements generally utilized by savings and loan institutions or state or national banks located in the county wherein Real Property is located. All Persoml\y and leases being conveyed or assigned will, at Seller's option, be subject to the lien of a security agreement evidenced by recorded financing statements: If ~ .f?acoon mortgage. UJ€j,nal pay~er't will exceed the periodic payments thereon. C. SURVEY: Buyer, at EkY~::r's expense: Winliil time aL'bwed to deliver evidence of title and to examine same, may have Real Property surveyed and certified by a registered Florida surveyor. If survey show~ ~c.roachment on'1'<:8,,1 ProPCT.t-or that improvements located on Real Property encroach on setback lines, easements, lands of others or violate any restrictions, Contract covenants or aplifcOlp~ governmental regulati"';.,.it1e same shall constitute a title defect. D. TERMITES: Buyer, at Br.iyer's' ~)(pense, within'tin'!E allowed to deliver evidence of title and to examine same, may have Real Property inspected by a Florida Certified Pest Control Operator to determine if -theral& ani visible. active termite infestation or visible existing damage from termite infestation in the improvements. If either or both are found, Buyer will have 4 days from date of written""oiice thaJ"eof within which to have all damages, whether visible or not, inspected and estimated by a licensed builder or general contractor. Seller shall pay valid costs of treatment and repair of all damage up to 2% of purchase price. Should such costs exceed that amount, Buyer shall have the option of cancelling Contract within 5 days after receipt of contracto,'s repair estimate by giving written notice to Seller or. Buyer may elect to proceed with the transaction, in which event Buyer shall receive a credit at closing of an amount equal to the total of the treatment and repair estimate not in excess of 2% of the purchase price, "Termites" shall be deemed to include all wood destroying organisms required to be reported under the Florida Pest Control Act. E. INGRESS AND EGRESS: Seller warrants and represents that there is ingress and egress to the R.eal Property sufficient for the intended use as described In Paragraph VII hereof, title to which is in accordance with Standard A, F. LEASES: Seller shall, not less than 15 days before closing, furnish to Buyer copies of all written leases and estoppel letters from each tenant specifying the nature and duration of the tel'1ant'soccupancy, rental rates, advanced rent and security deposits paid by tenant. If Seller is unable to obtain such letter from each tenant, the same information shall be .furnished by Seller to Buyer within that time period in the form of a Seller's affidavit, and Buyer may thereafter contact tenants to confirm suCh information, Seller shall, at closing, deliver and assign all original leases to Buyer. G. LIENS: Seller shall furnish to Buyer at time of closing an affidavit attesting to the absence, unle.ss otherwise provided for herein, of any financing statements, claims of lien or potential Iianors known to Seller and furthe, attesting that then" have been no improvements or repairs to the Property for 90 days immediately preceding date of closing. If Property has been improved or repaired within that time, Seller shall deliver releases or waivers of mechanics' liens executed by all general contractors, subcontractors, suppliers and materialmen in addition to Seller's lien affidavit setting forth the names of all such general contractors, subcontractors, suppliers and materialmen and further affirming that all charges for improvements or repairs which could serve as a basis for a mechanic's lien or a claim for damages have been paid or will be paid at closing of this Contract. H. PLACE OF CLOSING: Closing shall be held in the county wherein the Real Property is located at the office of the attorney or other closing agent designated by Seller, I. TIME: Time periods herein of less than 6 days shall in the computation exclude Saturdays, Sundays and state or national legal holidays, and any time period provided for herein which shall end on Saturday, Sunday or a legal holiday shall extend to 5:00 p.m, of the next business day. J; DOCUMENTS FOR CLOSING: Seller shall furnish the deed, bill of sale, mechanic's lien affidavit, assignments of leases, tenant and mortgagee estoppel letters and corrective instruments, Buyer shall furnish closing statement, mortgage, mortgage note, security agreement and financing statements. K. . EXPENSES: Documentary stamps on the deed and recording corrective instruments shall be paid by Seller. Documentary ~tamps, intangible tax. and recording purchase money mortgage to Seller, deed and financing statements shall be paid by Buyer. L. PRORATIONS; CREDITS: Taxes, assessments, rent, interest, insurance and other expenses and revenue of Property shall be prorated through day before closing. Buyer shall have the option of taking over any existing policies of insurance, if assumable, in which event premiums shall be prorated. Cash at closing shall be increased or decreased as may be required by prorations, Prorations will be made through day prior to occupancy if occupancy occurs before closing, Advance rent and security deposits will be credited to Buyer and escrow deposits held by mortgagee will be credited to Seller. Taxes shall be prorated based on the current year's tax with due allowance made for maximum allowable discount, homestead and other exemptions. If closing occurs at a date when. the current year's millage is not fixed and current year's 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, If there are completed improvements on the' Real Property by January 1st of year "f closing which improvements were not in existence on January 1st 01 the. prior year, then taxes shall be prorated based upon the prior year's millage 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 assessment taking .into consideration available exemptions. Any tax proration based on an estimate shall, at request of either Buyer or Seller, be subsequently readjusted upon receipt of tax bill on condition that a statement to that effect is in the closing statement. M. SPECIAL ASSESSMENT LIENS: Certified, confirmed and ratified special assessment liens as of date of closing (not as of Effective Date) are to be paid by Seller. Pending liens as of date of closing shall be assumed by Buyer, If the improvement has been substantially completed as of Effective Date, such pending lien shall be considered certified, confirmed or ratified and Seller shall, at closing, be charged an amount equal to the last estimate of assessment for the improvement by the public body. N. INSPECTION, REPAIR AND MAINTENANCE: Seller warrants that, as of 10 days prior to closing, the ceiling, roof (including the fascia and soffits) and exterior and interior walls, seawalls (or equivalent) and dockage do not have any VISIBLE EVIDENCE of leaks, water damage or structural damage and that the septic tank, pool, all appliances, mechanical items, heating, cooling, electrical, plumbing systems and machinery are in WORKING CONDITION. BLlyer may, at Buyer's expense, have inspections made of those items by a firm or individual specializing in home inspections and holding an occupational license for such purpose (if required) or by an appropriately licensed Florida contractor, Buyer shall, prior to Buyer's occupancy or not less than 10 days. prior to closing, whichever occurs first, report in writing to Seller such items that do not meet the. above standards as to defects, Unless Buyer reports such defects within that time, Buyer shall be deemed to have waived Seller's warranties as to defects not reported. If repairs or replacements are required, Seller shall cause such repairs to be made and shall pay up to 3% of the purchase price for such repairs or replacements as may be required in order to place such items in WORKING CONDITION.. If the cost for such repairs or replacement exceeds 3% of the purchase price, Buyer or Seller may elect to pay such excess, failing which either party may cancel this Contract. If Seller is unable to correct the defects prior to closing, the cost thereof shall be paid into escrow at closing. Seller will, upon reasonable notice, provide utilities service and access to the Property for inspections, including a walk-through prior to closing, Between Effective Date and the date of closing, except for repairs required by this Standard, Seller shall maintain Property, including, but not limited to, the lawn and shrubbery, in the condition herein warranted, ordinary wear and tear excepted, O. RISK OF LOSS: If the Property is damaged by fire or other casualty before closing and cost of restoration does not exceed 3% of the assessed valuation of the Property so damaged, cost of restoration shall be an obligation of the Seller and closing Shall proceed pursuant to the terms of Contract with restoration costs escrowed at closing. If the cost of restoration exceeds 3% of the assessed valuation of the improvements so damaged, Buyer shall have the option of either taking Property as is, together with either the 3% or any insurance proceeds payable by virtue of such loss or damage, or of cancelling this Contract and receiving return of deposit(s), P. PROCEEDS OF SALE; CLOSING PROCEDURE: The deed shall be recorded upon clearance of funds. If abstract, evidence of title shall be continued at Buyer's expense to show title in Buyer, without any encumbrances or change which would render Seller's title unmarketable from the .date of the last evidence, Proceeds of the sale shall be held in escrow by Seller's attorney or by such other mutually acceptable escrow agent for a period of not longer than 5 days from and after closing date. If Seller's title is rendered unmarketable, through no fault of Buyer, Buyer shall, within the 5-day period, notify Seller in writing of the defect and Seller shall have 30 days from date of receipt of such notification to cure the defect. If Seller fails to timely cure the defect, all deposit(s) and closing funds shall, upon written demand by Buyer and within 5 days after demand, be returned to Buyer and simultaneously with such repayment, Buyer shall return Personalty and vacate Property and reconvey it to Seller by special warranty deed, If Buyer fails to make timely demand for refund, Buyer shall take title as is, waiving all rights against Seller as to any intervening defect except as may be available to Buyer by virtue of warranties contained in the deed. If a portion of the purchase price is to be derived from institutional financing or refinancing, requirements of the lending institution as to place, time of day and procedures for closing, and for disbursement of mortgage proceeds shall control over contrary provision in this Contract. Seller shall have the right to require from the lending institution a written commitment that it will not withhold disbursement of mortgage proceeds as a result of any title defect attributable to Buyer-mortgagor. The escrow .and closing procedure required by this Standard may be. waived if title agent insures adverse matters pursuant to Section 627.7841, F.S. (1989), as amended. a. ESCROW: Any escrow agent ("A(Jent") receiving funds or equivalent is authorized and agrees by acceptance of them to deposit them promptly, hold same in escrow and, subject to clearance, disburse them in accordance with terms and conditions of Contract. Failure of clearance of funds shall not. excuse Buyer's performance. If in doubt as to Agent's duties or liabilities under the provisions of Contract, Agent may, at Agent's option, continue to hold the subject matter of the escrow until the parties mutually agree to its disbursement or until a judgment of a court of competent jurisdiction shall. determine the rights of the parties or Agent may deposit same with the clerk of the circuit court having jurisdiction of the dispute. Upon notifying all parties concerned of such action, all liability on the part of Agent shall fully terminate, except to the extent of accounting for any items previously delivered out of escrow. If a licensed real estate broker, Agent will comply with provisions of Chapter 475, F.S. (1989), as amended. Any suit between Buyer and Seller wherein Agent is made a party because of acting as Agent hereunder, or in any suit wherein Agent interpleads the subject matter of the escrow, Agent shall recover reasonable attorney's fees and costs incurred with the fees and Costs to be paid from and out of the escrowed funds or equivalent and charged and awarded as court costs in favor of the prevailing party, Parties agree that Agent shall not be liable to any party or person for misdelivery to Buyer or Seller of items subject to this escrow, unless such misdelivery is due to willful breach of this Contract or gross negligence of Agent. R. ATTORNEY'S FEES; COSTS: In any litigation arising out of this Contract, the prevailing party in s.uch litigation which, for the purposes of lilis Standard, shall include Seller, Buyer, listing broker, Buyer's broker and any subagents to the listing broker or Buyer's broker, shall be entitled to recover reasonable attorney's fees and costs. S. FAILURE OF PERFORMANCE: If Buyer fails to perform this Contract within the time specified, including payment of all deposit(s), the deposit(s) paid. by Buyer and deposit(s) agreed to be paid, may be retained by or for the account of Seller as agreed upon liquidated damages, consideration for the execution of this Contract and in full settlement of any claims; whereupon, Buyer and Seller shall be relieved of all obligations under Contract; or Seller, at Seller's option, may proceed in equity to enforce Seller's rights under this Contract. If, for any reason other than failure of Seller to make Seller's title marketable after diligent effort, Seller fails, neglects or refuses to perform this Contract, the Buyer may seek specific performance or elect to receive the return of Buyer's deposit(s) without thereby waiving any action for damages resulting from Seller's breach, T. CONTRACT NOT RECORDABLE; PERSONS BOUND; NOTICE: Neither this Contract, nor any notice of it, shall be recorded in any public records, This Contract shall bind and inure to the benefit of the parties and their successors in interest. Whenever the context permits, singular shall include plurai and one gender shall include all. Notice given by or to the attorney for any party shall be as effective as if given by or to that party. U. CONVEYANCE: Seller shall convey title to the Real Property by statutory warranty, trustee's, personal representative's or guardian's deed, as appropriate to the status of Seller, subject only to matters contained in Paragraph Vii and those otherwise accepted by Buyer. Personalty shall, at request of Buyer, be transferred by an absolute bill of sale with warranty of title, subject only to such matters as may be otherwise provided for herein. V. OTHER AGREEMENTS: No prior or present agreements or representations shall be binding upon Buyer or Seller unless inCluded in this Contract. No modification or change in this Contract shall be valid or binding upon the parties unless in writing and executed by the party or parties intended to be bO~d by it. W. WARRANTIES: Selle' warrants that there are no facts krtwn to Seller materially affecting the value of the Real Pro .fty which are not readily observable by Buyer or which have not been disclosed to Buyer. _ - Copyright 1891 by Tile Flo,"'h PClr and T'" -!. ,'ida Associati0" ..1 REALTORS ~ A. U.S. DEPARTMENT OF HOUSING AND URB/t DEVELOPMENT SETTLEMENT STATEMENTI B. . T. Y P E ,. 0 FHA I q;: OMS No 2502-0265 OF LOAN 2.0 FMHA 3. 0 CONY. UN INS. '. 0 VA .0 CONY. INS. 8. FILE NUMBER: 7. LOAN NUMBER; 8. MORTGAGE INS. CASE NO.: C. NOTE: This form is furnished to give you a statement of actual settlement costs. Amounts paid to and by the settlement agent are shown. Items marked "(p~o.c.)" were paid outside the closing; they a;e shown here for informational purposes and are not included in the totals. E. NAME OF SELLER: ADDRESS OF SELLER: AUBREY ROBINSON and ANN ROBINSON, his wife ALBER!' L. ROGERO, JR. and MARY M. R.CX:;ERO, his wife G.PROPERTY LOCATION: 1145 Brownell Street Clearwater, FL I. SETTLEMENT DATE: July 30, 1991 SUMMARY OF BORROWER'S TRANSACTION 209. 601. Gross amount due to seller (line 420) .602. less total reductions In amount due seller (/iM420) 303. CASH (!Xl FROM) (0 TO) BORROWER: $218,837.45 (IX! TO) (0 FROM) SELLER: ~ 198,172.45 8/89 111 904.398.8615 ~ 58,4.3538,000,1 HUD-1 (3-86) , r RESPA, HB 4305.2 k. \ SETTLEMENT 700. TOT/{L SALES/BROKER'S COMMISSIClN: .' BASED ON PRICE I $ CHARGES @ %= I PAID FROM BORROWER'S FUNDS AT SETTLEMENT PAID FROM SELLER'S FUNDS AT SETTLEMENT DIVISION OF COMMISSION (LINE 700) AS FOllOWS: The HUD.1 Settlement Statement which I h disbursed In accordance with this statem nt. Settlement Agent 800 ITEMS PAYABLE IN CONNECTION WITH lOAN: ;~'Il'~t~"{{~'11~:4.~~~'}!t .~.~aUl,..~~.~ll1k.'lir<',~,,~ .:"T":;.~~J.i':~' ~~.. . '!,t"~"'~l~';~~;"..i';Ji\:\)'i\i- , ,<::,,:~;,,,,~i::j,,~; ;'1 .~:,~ ,k'. '" ".B!.t),.:.;. :.:!"tlrp",;'I;:,..,,,.,..-;~)] '''-.. ~_lto '.):..'L...n., _. ~ t,1'$- ,,'ii_L ,~, ~i'.,C. :~"'Wl-< ....-i.':i;,~"J.:u'>>: ,., , . "., \"'~',f~~f".t . ,.~~" M~IIW/I!SII~J! ~~j:';'l:i\tl\j~:"'!;~" "ok"'", .:~ ,'. ..., '.';'.;~.,~:#<~:~':.~~11~r:;Q~.1i~ ~~~tit'17~'~ '\f1i~i~~i1l~~i(~\f:d~ ~~1112it ~~!~~~~~\&I::~:~~4F~~~1il~~1l~~!~~~:;~~;;\i,:?}~~,~';,i'F;.'~;:';\t{ ;;{:;.... ,;,;<' t...!,; J>,:"'"f.':t..t~~ri~.'$."I:v.Jt:,'"'.,i>:t,;I.....j.f:;~f~ls-\;if:r;~ltiA~l,'t::t172~.~r~:_'1...:.~~.... .>,'~1"''': .0'.': 'o.l'-,-t '. 1113. 1200, GOVERNMENT RECORDING AND TRANSFER CHARGES' .. " .:.:;,:i;fii,(!:, ,,';l;,:PIi.~~ii\.';''''Ji;i.ijj~<,}~tJi!! ~'.,. '~(.,.":'''''.o~'h,..L~..''o.1t;. ..~Jd!~lm:W-~lU.lI:~ j:'n:">W'!!lI'f:i<. tr"~~Jl ",iB:lW\fHfI!~~ jto:~~a~'2:i.~~3:~1Ji~:i d~~f~~' ~~~_~~~l~~ 1306. 1400. TOTAL SETTLEMENT CHARGES (Enter on line 103, Section J - and- line 502, Section K) I have carefully reviewed Ihe HUD.1 Settlement Statement and to the besl of my kn and disbursements made on my account or by me in this transaction. I further e Cit of Clearwate Florida . Borrowers Date WARNING: It Is a crime to knowlln can Include a fine or Imprisonment. false statements to t e United States on this or any other similar form. Penalties upon conviction tails see: Title 18 U.S. Code Section 1001 and Section 1010. 1J Page 2 003 (>~ (O>~., ~ of Clearwater ENDORSEMENT TO TITLE POLICY SERIAL NUMBER C-9912-614100 CHARGE $ No. 91095675 WRM ISSUED BY STEWART TITLE GUARANTY COMPANY HEREIN CALLED THE COMPANY ENDORSEMENT NUMBER ONE THE ABOVE NUMBERED OWNERS TITLE COMMITMENT IS HEREBY AMENDED 'ID READ: Schedule B., Part 1. Item 1., is hereby added thereto: c. Termination or assignment of unrecorded Billboard Agreement dated 8/14/70, in favor of Sunad Inc., as assigned to Patrick Media Group, Inc. d. Correction of that certain Survey dated 7/9/91 by Evans Land Surveyor Job #91-354B to reflect the description contained in Exhibit "A" attached hereto. IN ALL OTHER RESPECTS THE ABOVE NUMBERED OWNERS TITLE COMMITMENT REMAINS IN FULL FORCE AND EFFECT. This Endorsement is made a part of said policy and is subject to the schedules, conditions and stipulations therein, except as modified by the provisions hereof. Nothing herein contained shall be construed as extending or changing the effective date of said policy, unless otherwise expressly stated. Signed under I for the Company, but this Endorsement is to be valid only when it bears an authorized countersignature, this the 15th day of uly eJ~ /;;'~ President Company ST. PETERSBURG FLORIDA City, State " Endorsement Serial No. -~ ALTA OWNER'S POLICY -T(4-6-90) WITH FLORIDA MODIFICATIONS , , I I - - "'+- - -~ POLICY OF TITLE INSURANCE ISSUED BY 91095675WRM \'~ r STEWART TITLE GU ARANTY COMPANY SUBJECT TO THE EXCLUSIONS FROM SCHEDULE B AND THE CONDITIONS AND corporation, herein called the Company, insures exceeding the Amount of Insurance stated in Sc 1. Title to the estate or interest described in RAGE, THE E>tlFTIONS FROM COVERAGE CONTAINED IN ULATIONS, STIVART TITLE GUARANTY COMPANY, a Texas of Date of Polic~15hown in Schedule A, against loss or damage, not Ie A, sustained odl;\curred by the insured by reason of: }Jle A being vested other than as stated therein; 2. Any defect in or lien or encumbrance on the title; 3. Unmarketability of the title; 4. Lack of a right of access to and from t defense of the title, as insured, but only policy to be signed and sealed by its eJ~ll7~ President City, State The following matters are expressly excluded from the cover expenses which arise by reason of: 1. (a) Any law, ordinance or governmental regulation (incl Ootlimited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (i) the occupancy, use, or ofthelond; (Ii) the character, dimensions or location of any improvement now or hereafter erected on the land; (iii) a separation in ownership or " thfd.ons or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any viol' of ~ lawtfiltdinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or,encumbrClnce resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy,."Jn(!ln "., (oll!m(l (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 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, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the estate or interest insured by this policy. 4. Any claim, which arises out of the transaction vesting in the insured the estate or interest insured by this policy, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws. ---..,....,..~-~...... Page 1 of Policy 0-2111- Serial No. 03996 211 (Rev. 4,6,90) 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 Companr would have had against the named insured, those who succeed to the interest 0 the named insured by operation of law as distinguished from purchase including, but not .limited to, heirs, distributees, devisees, survivors, personal representatives, next of kin, or corporate or fiduciary successors. (b) "insured claimant": an insured claiming loss or damage. (c) "knowledge" or "known": actual knowledge, not constructive knowledge or notice which may be imputed to an insured by reason of the public records as defined in this policy or any other records which impart constructive notice of matters affeCting the land, (d) "land": the land described or referred to in Schedule A, and imerove, ments affixed thereto which by law constitute real property, The term' land" does not include any property beyond the lines of the area described or referred to in Schedule 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": records established under state statutes at Date of Pol. icy for the purpose of imparting constructive notice of matters relating to real property to purchasers for value and without knowledge. With respect to Section 1 (a}(iv) of the Exclusions From Coverage, "public records" shall also include environmental protection liens filed in the records of the clerk of the United States district court for the district in which the lond is located, (g) "unmarketability of the title": an alleged or apparent matter affecting the title to the land, not excluded or excepted from coverage, which would entitle a purchaser of the estate or interest described in Schedule A to be released from the obligation to purchase by virtue of a contractual condition requiring the delivery of marketoble title. 2. CONTINUATION OF INSURANCE AFTER CONVEYANCE OF TITLE. The coverage of this policy shall continue in force as of Date of Policy in favor of an insured only so long as the insured retains an estate or interest in the land, or holds an indebtedness secured by a purchase money mortgage given by a purchaser from the insured, or only so long as the insured shall have liability by reason of covenants of warranty made by the insured in any transfer or convey- ance of the estate or interest. This policy shall not continue in force in favor of any purchaser from the insured of either (i) an estate or interest in the land, or (ii) an indebtedness secured by a 'purchase money mortgage given to the insured. 3. NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT. The insured shall notify the Company promptly in writing (i) in case of any litigation as set forth in Section 4( a) below, (ii) in case knowledge shall come to an insured hereunder of any claim of title or interest which is adverse to the 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 prompt notice shall not be given to the Company, then as to the insured all liability of the Company shall terminate with regard to the matter or matters for which prompt notice is required; provided, however, that failure to notify the Company shall in no case prejudice the rights of any insured under this policy unless the Company shall be prejudiced by the. failure and then only to the ext~nt of the prejudice. 4. DEFENSE AND PROSECUTION OF ACTIONS; DUTY OF INSURED CLAIMANT TO COOPERATE. (a) Upon written request by the insured and subject to the options contained in Section 6 of these Condi~ons and Stipulations, the Company, at its own cost and without unreasonable delay, shall provide for the defense of an insured in litigation in which any third party asserts a claim adverse to the title or interest as insured, but only as to those stated causes of action alleging a defect, lien or encumbrance or other matter insured against by this policy. The Company shall have the right to select counsel of its choice (subject to the right of the insured to object for reasonable causel to represent the insured as to those stated causes of action and shall not be liab efor and will not pay the fees of any other counsel. The Company will not pay any fees, costs or expenses incurred by the insured in the defense of those causes of action which allege matters not insured against by this policy. (b) The Company shall have the right, at its own cost, to institute and prose- cute 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, or to prevent or reduce loss or damage to the insured, The Company may take any appropriate action under the terms of this policy, whether or not it shall be liable hereunder, and shall not thereby concede liability or waive any provision of this policy. If the Company shall exercise its rights under this paragraph, it shall do so diligently. (c) Whenever the Company shall have brought an action or interposed a defense as required or permitted by the provisions of this policy, the Company may pursue any litigation to final determination by a court of competent jurisdic. tion and expressly reserves the right, in its sole discretion, to appeal from any adverse judgment or order. (d) In all cases where this policy permits or requires the Company to prose- cute or provide for the defense of any action or proceeding, the insured shall secure to the Company the right to so prosecute or provide defense in the action or proceeding, and all appeals therein, and permit the Company to use, at its option, the name of the insured for this purpose, Whenever requested by the Company, the insured, at the Company's expense, shall give the Company all reasonable aid (i) in any action or proceeding, securing evidence, obtaining wit. nesses, prosecuting or defending the action or proceeding, or effecting settle- ment, and (ii) in any other lawful act which in the opinion of the Company may be necessary or desirable to establish the title to the estate or interest as insured. If the Company is prejudiced by the failure of the insured to furnish the required cooperation, the Company's obligations to the insured under the policy shall ter- minate, including any liability or obligation to defend, prosecute, or continue any litigation, with regard to the matter or matters requiring such cooperation. 5, PROOF OF LOSS OR DAMAGE. In addition to and after the notices required under Section 3 of these Condi- tions and Stipulations have been provided the Company, a proof of loss or dam. age signed and sworn to by the insured claimant shall be furnished to the Com. pany within 90 days after the insured claimant shall ascertain the facts giving rise to the loss or damage, The proof of loss or damage shall describe the defect in, or lien or encumbrance on the title, or other matter insured against by this policy which constitutes the basis of loss or damage and shall state, to the extent possi. ble, the basis of calculating the amount of the loss or damage. If the Company is prejudiced by the failure of the insured claimant to provide the required proof of loss or damage, the Company's obligations to the insured under the policy shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation, with regard to the matter or matters requiring such proof of loss or damage. In addition, the insured claimant may reasonably be required to submit to examination under oath by any authorized representative of the Company and shall produce for examination, inspection and copying, at such reasonable times and places as may be designated by any authorized representative of the Com- pany, all records, books, ledgers, checks, correspondence and memoranda, whether bearing a date before or after Date of Policy, which reasonably pertain to the loss or damage. Further, if requested by any authorized representative of the Company, the insured claimant shall grant its permission, in writing, for any authorized representative of the Company to examine, inspect and copy all records, books, ledgers, checks, correspondence and memoranda in the custody or control of a third party, which reasonably pertain to the loss or damage. All information designated as confidential by the insured claimant provided to the Company pursuant to this Section shall not be disclosed to others unless, in the reasonable judgment of the Company, it is necessary in the administration of the claim. Failure of the insured claimant to submit for examination under oath, pro- duce other reasonably requested information or grant permission to secure rea- sonably necessary information from third parties as required in this paragraph shall terminate any liability of the Company under this policy as to that claim. 6. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS; TERMINATION OF LIABILITY. In case of a claim under this policy, the Company shall have the following additional options: (a) To Payor Tender Payment of the Amount of Insurance. To payor tender payment of the amount of insurance under this policy together with any costs, attorneys' fees and expenses incurred by the insured claimant, which were authorized by the Company, up to the time of payment or tender of payment and which the Company is obligated to pay. Upon the exercise by the Company of this option, all liability and obligations to the insured under this policy, other than to make the payment required, shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation, and the policy shall be surrendered to the Company for cancellation. (b) To Payor Otherwise Settle With Parties Other than the Insured or With the Insured Claimant, (i) to payor otherwise settle with other parties for or in the name of an insured claimant any claim insured against under this policy, together with any costs, attorneys' fees and expenses incurred by the insured claimant which were authorized by the Company up to the time of payment and which the Company is obligated to pay; or (ii) to payor otherwise settle with the insured claimant the loss or dam. age provided for under this policy, together with any costs, attorneys' fees and expenses incurred by the insured claimant which were authorized by the Com. pany up to the time of payment and which the Company is obligated to pay. Upon the exercise by the Company of either of the options provided for in paragraphs (b)(i) or (ii), the Company's obligations to the insured under this pol- icy for the claimed loss or damage, other than the payments required to be made, shall terminate, including any liability or obligation to defend, prosecute or continue any litiQation. 7, DETERMINATION, EXTENT OF LIABILITY. This policy is a contract of indemnity against actual monetary loss or dam- age sustained or incurred by the insured claimant who has suffered loss or damage by reason of fatters insured against by this policy and only to the extent herein described . (continued and concluded on last page of this policy) , ' I AL TA OWNER'S POLICY I I 1200 SCHEDULE A Order No.: 91095675WRM Date of Policy: July 30, 1991 Policy No.:XXXXXXXX o 2111 3996 Amount of Insurance: $ 225,000.00 1. Name of Insured: CITY OF CLEARWATER, FLORIDA 2. The estate or interest in the land which is covered by this policy is: Fee Simple 3. Title to the estate or interest in the land is vested in: CITY OF CLEARWATER, FLORIDA 4. The land referred to in this policy is described as follows: PARCEL I: Lot 13, Block 1, MOASE AND HARRISON'S SUBDIVISION OF LOT 7 OF R.H. PADGETT'S SUBDIVISION, according to the plat thereof, as recorded in Plat Book 2, Page 85, Public Records of Hillsborough County, Florida, of which Pinellas County, Florida, was formerly a part. PARCEL II: Lot 12, Block 2, MOASE AND HARRISON'S SUBDIVISION OF LOT 7 OF R.H. PADGETT'S SUBDIVISION, according to the plat thereof, as recorded in Plat Book 2, Page 85, Public Records of Hillsborough County, Florida, of which Pinellas County, Florida, was formerly a part. PARCEL III: Lot 13, less the South 1.4 feet thereof, Block 2, MOASE AND HARRISON'S SUBDIVISION of Lot 7 of R.H. PADGETT'S SUBDIVISION, according to the map or plat thereof, as recorded in Hillsborough Plat Book 2, Page 85, of the Public Records of Hillsborough County, Florida, of which Pinellas County was formerly a part. LESS AND EXCEPT THEREFROM: A parcel of land in Lot 13, Block 2, MOASE AND HARRISON'S SUBDIVISION, according the the map or plat thereof, as recorded in plat Book 2, Page 85 of the Public Records of Hillsborough County, Florida, of which pinellas County was formerly a part, described as follows: Begin at NE corner of Lot 13, run South 32.2 feet along West right-of-way of Madison Avenue for a P.O.B.; thence run South 15 feet along said right-of-way to Continued on next page STEWART TITI~E REG. 0 0012 Page 2 GUARANTY COMPANY I I Attached to and made a part of Stewart Title Guaranty Company Policy No. 0 2111 Continuation of Schedule A PROPERTY DESCRIPTION CONTINUED: North right-of-way of Court Street; thence West 15 feet along North right-of-way of Court Street; thence NE to P.O.B.; containing 112.5 square feet. Page 203 A STEWART TITLE GUARANTY COMPANY AL TA OWNER'S POLICY Order No. 91 0 9 ~6 7 5 WBN, 1 I SCHEDULE B Policy No.: 0-2111-3996 This policy does not insure against loss or damage by reason of the following: 1. Rights or claims of parties in possession not shown by the public records. 2. Easements, or claims of easements, not shown by the public records. 3. Encroachments, overlaps, boundary line disputes, or other matters which would be disclosed by an accurate survey and inspection of the premises. 4. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the public records. 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 including 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 19 91 and thereafter. 8. Reservations as contained in T.I.I.F. Deed No. 2201 recorded ln Deed Book 979, Page 530, as to Parcel I, Public Records of Pinellas County, FL. ITEM NUMBERS 1 THIDUGH 6 ARE HEREBY DELEI'ED IN THEIR ENTIRETIE~ 2113 Page 3 STEWART TITLE GUARANTY COMPANY 7,..---- lONDITIONS AND STIPULATIONS Continuedl (continued and concluded from reverse side of Policy Face) (a) The liability of the Company under this policy shall not exceed the least of: (i) the Amount of Insurance stated in Schedule A, or, (ii) the difference between the value of the insured estate or interest as insured and the value of the insured estate or interest subject to the defect, lien or encumbrance insured against by this policy. (QJ (This paragraph removed in Florida policies.) (c) The Company will pay only those costs, attorneys' fees and expenses incurred in accor~ance with Section 4 of the Conditions and Stipulations. 8. APPORTIONMENT. If the land described in Schedule A consists of two or more parcels which are not used as a single site, and a loss is established affecting one or more of the p,arcels but not all, the loss shall be computed and settled on a pro rata basis as If the amount of insurance under this policy was divided pro rata as to the value on Date of Policy of each separate parcel to the whole, exclusive of any improvements made subsequent to Date of Policy, unless a liability or value has otherwise been agreed upon as to each parcel by the Company and the insured at the time of the issuance of this policy and shown by an express statement or by an endorsement attached to this policy. 9. LIMITATION OF LIABILITY. (a) If the Company establishes the title, or removes the alleged defect, lien or encumbrance, or cures the lack of a right of access to or from the land, or cures the claim of unmarketability of title, all as insured, in a reasonably diligent manner by any method, including litigation and the completion of any appeals therefrom, it shall have fully performed its obligations with respect to that matter and shall not be liable for any loss or damage caused thereby. (b) In the event of any litigation, including litigation by the Company or with the Company's consent, the Company shall have no liability for loss or damage until there has been a final determination by a court of competent jurisdiction, and disposition of all appeals therefrom, adverse to the title as insured. (c) The Company shall not be liable for loss or damage to any insured for liability voluntarily assumed by the insured in settling any claim or suit without the prior written consent of the Company. 10. REDUCTION OF INSURANCE; REDUCTION OR TERMINATION OF LIABILITY. AII/ayments under this policy, except payments made for costs, attorneys' fees an expenses, shall reduce the amount of the insurance pro tanto. 11. 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 a mortgage to which exception is taken in Schedule B or to which the insured has agreed, assumed, or taken subject, or which is hereafter executed by an insured and which is a charge or lien on the estate or interest described or referred to in Schedule A, and the amount so paid shall be deemed a payment under this policy to the insured owner, 12. PAYMENT OF LOSS. (a) No payment shall be made without producing this policy for endorse- ment of the payment unless the policy has been lost or destroyed, in which case proof of loss or destruction shall be furnished to the sa~sfaction of the Company. (b) When liability and the extent of loss or damage has been definitely fixed in accordance with these Conditions and Stipulations, the loss or damage shall be payable within 30 days thereafter. 13, SUBROGATION UPON PAYMENT OR SETTLEMENT. (a) The Company's Right of Subrogation. Whenever the Company shall have settled and paid a claim under this pol- icy, 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 reme. dies which the insured claimant would have had against any person or property in respect to the claim had this policy not been issued. If requested by the Com- pany, the insured claimant shall transfer to the Company all rights and remedies against any person or property necessary in order to perfect this right of subro- gation. The insured claimant shal! permit the Company to sue, compromise or settle in the name of the insured claimant and to use the name of the insured claimant in any transaction or litigation involving these rights or remedies. If a payment on account of a claim does not fully cover the loss of the insured claimant, the Company shall be subrogated to these rights and remedies in the proportion which the Company's payment bears to the whole amount of the loss. If loss should result from any act of the insured claimant, as stated above, that act shall not void this policy, but the Company, in that event, shall be required tOlay only that part of any losses insured against by this policy which shall excee the amount, if any, lost to the Company by reason of the impair- ment by the insured claimant of the Company's right of subrogation, (b) The Company's Rights Against Non-insured Obligors. The Company's right of subrogation against non-insured obligors shall exist and shall include, without limitation, the rights of the insured to indemnities, gua. ranties, other policies of insurance or bonds, notwithstanding any terms or condi. tions contained in those instruments which provide for subrogation rights by rea- son of this policy. 14. ARBITRATION Unless prohibited by applicable law, arbitration pursuant to the Title Insur: ance Arbitration Rules of the American Arbitration Association may be demanded if agreed to by both the Company and the insured. Arbitrable matters may include, but are not limited to. any controversy or claim between the Company and the insured arising out of or relating to this policy, any service of the Company in connection with its issuance or the breach of a policy provision or other obligation. Arbitration pursuant to this policy and under the Rules in effect on the date the demand for arbitration is made or, at the option of the insured, the Rules in effect at Date of Policy shall be binding upon the parties. The award may include attorneys' fees only if the laws of the state in which the land is located permit a court to award attorneys' fees to a prevailing party. Judgment upon the award rendered by the Arbitrator/sl may be entered in any court having iurisdiction thereof. The law of the situs of the land shall apply to an arbitration under the Title Insurance Arbitration Rules, A copy of the Rules may be obtained from the Company upon request. 15. LIABILITY LIMITED TO THIS POLICY; POLICY ENTIRE CONTRACT. (a) This policy together with all endorsements, if any, attached hereto by the Company is the entire policy and contract between the insured and the Com- pany. In interpreting any provision of this policy, this policy shall be construed as a whole. (b) 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 by any action asserting such claim, shall be restricted to this policy. (c) No amendment of or endorsement to this policy can be made except by a 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, 16. SEVERABILITY, In the event any provision of the policy is held invalid or unenforceable under applicable law, the policy shall be deemed not to include that provision and all other provisions shall remain in full force and effect. 17, NOTICES, WHERE SENT. All notices required to be given the Company and any statement in writing required to be furnished the Company shall include the number of this policy and shall be addressed to the Company at P.O. Box 2029, Houston, Texas 77252. STEWART TITLE GUARANTY COMPANY '. '-i , ~\ --------------- ~ "'- STEWART TITLE GUARANTY COMPANY ESTABLISHED 1896 INCORPORATED 1908 A NAME RECOGNIZED NATIONALLY FOR MORE THAN 80 YEARS AS BEING SYNONYMOUS WITH SAFETY ,~..... '-+- -- -+- -+- -- \0\ SanuilY of ConrraCf STEWART TITLE GUARANTY COMPANY P. O. Box 2029 Houston, Texas 77252 ~ " POLICY OF TITLE INSURANCE Y: ~, -, -- - - -, American Land Title Association Commitment, 1966 , ".-' !OMMITME~; FOR TI~LEINS~~~~tE. ISSUED BY ", . ~.. J 91095675WRM STEWART TITLE GUARANTY COMPANY STEWART TITLE GUARANTY COMPANY, A Texas 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 ScheduleA,upon pay- ment of the premiums and charges therefor; all subject totheprovisions 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 six months after the effective date hereof or when the policy or policies committed for shall issue, whichever first occurs, provided that the failure to issue such policy or policies is not the fault of the COmpahy. Signed under seal for the Company, but this Commitment shall not be valid or binding until it bears an authorized Countersignature. IN WITNESS WHEREOF, Stewart Title Guaranty Company has caused its corporate name and seal to be hereunto affixed by its duly authorized officers on the date shown in Schedule A. CITY OF CLEARWATER STEWART TITLE C21~/;W~ President Serial No. C. 9912: 6141 0 0 005N Rev. 3/78 --.-.--..--_.._______n._. .n.. ....__.________.____.. - . _._.__n_____...__~.__.._.__...__ - I . ~. I SCHEDULE A ComrlJ.itment No. C-'::I912-614100 Y~ui. ~~'5 6 7 5WRM Effective Date of Commitment: June 26, 1991 Prepared For: CITY OF CLEARWATER, FLORIDA Amount (a) UAL TA Owner's Policy $ 22J,OOf:}---;itfJ Proposed Insured: CITY OF CLEARWATER, FLORIDA (b) D AL TA Loan Policy $ Proposed Insured: 2. The estate or interest in the land described or referred to in this Commitment and covered herein is a Fee Simple. 3. Title to said estate or interest in said land is at the effective date hereof vested in: AUBREY ROBINSON AND ANN ROBINSON, HIS WIFE, AS TO AN UNDIVIDED 66 2/3% INTEREST, AND ALBERT L. ROGERO, JR. AND MARY M. ROGERO, HIS WIFE, AS TO AN UNDIVIDED 33 1/3% INTEREST . Pinellas 4 The land referrtl1.~jj~ Commitment is located In the County of State of and described as follows: SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF Page 2 STEWART TITLE GUARANTY COMPANY 2552 203 A , ~ ;1'- I I Attached to and made a part of Stewart Title Guaranty Company Policy No. Continuation of Schedule EXHIBIT "A" PARCEL I: Lot 13, Block 1, MOASE AND HARRISON'S SUBDIVISION OF LOT 7 OF R.H. PADGETT'S SUBDIVISION, according to the plat thereof, as recorded in Plat Book 2, Page 85, Public Records of Hillsborough County, Florida, of which Pinellas County, Florida, was formerly a part. PARCEL II: Lot 12, Block 2, MOASE AND HARRISON'S SUBDIVISION OF LOT 7 OF R.H. PADGETT'S SUBDIVISION, according to the plat thereof, as recorded in Plat Book 2, Page 85, Public Records of Hillsborough County, Florida, of which Pinellas County, Florida, was formerly a part. PARCEL III: Lot 13, less the South 1.4 feet thereof, Block 2, MOASE AND HARRISON'S SUBDIVISION of Lot 7 of R.H. PADGETT'S SUBDIVISION, according to the map or plat thereof, as recorded in Hillsborough plat Book 2, Page 85, of the Public Records of Hillsborough County, Florida, of which Pinellas County was formerly a part. LESS AND EXCEPT THEREFROM: A parcel of land in Lot 13, Block 2, MOASE AND HARRISON'S SUBDIVISION, according the the map or plat thereof, as recorded in Plat Book 2, Page 85 of the Public Records of Hillsborough County, Florida, of which Pinellas County was formerly a part, described as follows: Begin at NE corner of Lot 13, run South 32.2 feet along West right-of-way of Madison Avenue for a P.O.B.; thence run South 15 feet along said right-of-way to North right-of-way of Court Street; thence West 15 feet along North right-of-way of Court Street; thence NE to P.O.B.; containing 112.5 square feet. Page STEWART TITLE G U AR ANT Y C () M I' A N l' I SCHEDULE B ORD~ NO: 91095975WRM Commitment NumbeC-9912-614100 l. TheJollowing are the requirements to be complied with: 1. Instruments'necessary to create the estate or interest to be insured must be properly executed, delivered and duly filed for record. a. Deed fro~.AUBREY S. ROBINSON AND ANN S. ROBINSON, HIS WIFE, AN UNDIVIDED 66 2/3% INTEREST, AND ALBERT L.. ROGERO, MARY M. RoGERO, HIS WIFE, AN UNDIVIDED 33 1/3% INTEREST to CITY OF CLEARWATER -':- :FL'OR;tDA. . ,... .. .' b-. Titleholdersrnust mortgage and/or convey subject property as husband.and wife, or other requirements may have be be met. It 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 ,sa~isfaction of the Company: 1. 'DefeCts, liens. encumbrances, adverse claims or other matters. if any, created, first ap~ring in the public records or attaching subsequent to the effective date hereof but prior to the date the proposed Insured acquires for value of record the estate or i.nterest or mortgage thereon covered by this Commitment. 4. Reservations as contained in T.l.I.F. Deed No. 2201 recorded in Deed Book 979, Page 530, as to ~arcel I, Public Records of Pinellas County, FL. ~I~ lftw. 31ao) Page 3 8'1" E"""AI-lT TI"rLE GVAX..U"TT cOlll.....l'fy --.-.----- ---. -- - - _H _. __ . _ - -. - .. . , , ,. I I ~' ,) ". CONDITIONS AND STIPULATIONS 1. The term mortgage, when used herein, shall include deed of trust, trust deed, or other security instrument. 2. If the proposed Insured has or acquires actual knowledge of any defect, lien, encumbrance, adverse claim or other matter affecting the estate or interest or mortgage thereon covered by this Commitment other than those shown in Schedule B hereof, and shall fail to disclose such knowledge to the Company in writing, the Company shall be relieved from liability for any loss or damage resulting from any act of reliance hereon to the extent the Company is prejudiced by failure to so disclose such knowledge. If the proposed I nsuredshall 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. 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 and 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 I nsured 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. STE"W'"ART TITLE GUARANTY COMPANY 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 P.O. Box 2029, Houston, Texas 77252, and identify this commitment by its printed COMMITMENT SER IAL NUM- BER which appears on the bottom of the front of the first page of this commitment. ... COMMITMENT FOR TITLE INSURANCE " - S'mctllr of Contract '.- Issued by STEWART TITLE ....... GUARANTY COMPANY .' " " n CERTIFIED TO & CITY' of Cl-E;.b..~WATE.~ PREPARED FOR: STE\I\IAR. F'DELITY TITLE.. CoMFANY SEC. ~ lWP. 295 RGE. ISE fj R. = F;:>l)~O lJ\'or-J R,op fpp '" fOl..INP FI t-jcH ~ Pc. I' \" )~ . /- So'>Tl-I BOU,JDArz'f of Lor 9 cf MAc.1>11..S0~.s .5u6. /~(l /-~ /3<-.0 (f'<.,6.T) 13<-.# (~.) I~ ~ 13lc.O (PlAT) J~fo.42 (M~.) tWf 1""\('(\ uJ . <J'\ J ~tO Z ~+ III ~ \ I H'f' -;-'j:' ~ ~ I.ll ~ t" '-' ...... ~.. ~ 0 I ..9 7' ~ ~ 7. ....C)" v 0 V\ D ~~ ~ ...... 1 I t ~ No",m ESoujJPAfl.-y' of LOf 14, BI.OC.j<... 1 Mc:A5€, II- HAR~ISo",,~ 5u~. 1"+0 . 11) a co t1):{ T ~__ ,. '. L~ ,. () '" II ff'P ':t\l~ ',J~ 1 I~ ~~"" ~ :s ~ '-' ....... '" ~ ~~ ~C0 . l/Y- ~ ~ 1JvO .--f'1~(OIAO 'e.) ~ ~f'A R"v \ 13fD, 0 (PL-AT) ~~ } ,,~ l~P'- ...-l -. W ..I ~ ~ ~ \ , ~ >- 13'-.4-0 (MEM.) ()'":' ~3 ~~ ,.... ~ ' ~ ,I; J' ~~~ f (;tJ~ I z.r~ _0 rQ - BRowN E.L.L- S'-~Ee:.T -~-+ --- , A SURVEY OF LoT 13, 6(...0'-1'- I) of M~ASE:.. 4- t-fAR~'SON.s Su5- DIVISIO".J of LOT 7 of R. H. PADGE:.:TT.5 5LJI30)VI~>I0~ AS RECORDED IN PLAT BOOK ~ , PAGE 8S , OF THE PUBLIC RECORDS OF Hillsborough Colll1ty, Florida, of whidl Pinellas Colll1ty was forr.--erly a part. fiRM z'oN E.. C I HEREBY CERTIFY THAT THE SURVEY REPRESENTED HEREON MEETS THE MINIMUM REQUIREMENTS OF CHAPTER 21 HH-6, OF THE FLORIDA ADMINISTRATM CODE. DATE: 1- 08 - <) I EVANS LAND SURVEYING OWN. BY: Lf - '" INV. NO. :91-374A M 2300 MAIN STREET - UNIT H DUNEDIN, FLORIDA 34698 PH: 734 - 3821 130uNDAIZY SuR-vEy !...... ('Y.~ \ " '''-'', a L EVANS No. 2937 ,-'"a , ~ Certified to & PREPARED FOR: CITY of LEA~WATE. R.. 5rE..wART FI DE.LITY TITLE.... COMFArJY SEC. !2.... TWP. ~.s RGE. ~ - - BRoV\lI'--J EI..'- - STR.€e:.T _ ... rR- .. ~~-;I- Sl~ ')10 (o.e;, I.,.J:) ~o.~ '"' ~ ..9 ~ o ~ ro: ~ ''?f.:., 0 (p 13(0.37 (Nt.) ) ,. II \ \ }' )I "... ~ '-' ul :> 1. 1IJ ~ I F:J vf' '""' Il. v BILL.. BOA flt.,D 0.... Flf<'.c..E l.. NOT 'sJ..loWH / I ~ d It) o C() II -' -M fiv..(P, fP'f.-) .s,R (~ J~~'-' lif) -=. ~,o'tl. 6:' I~ - ~ o . \(\ 121. '34 OC/( 0 fJ'Y :\ 10 Tl~-----I * ~ _/_N) ~ i/~~~ ~ ~ 1- I /, (,\ tff -1 Z7.5' '--ts=t' .IS 1 ~~._'( (M) I We, I() ~ \{\ ~ IJ\ ,..: "<t 0'" V ( VAe..A,..J T ) ~ ) .' 1~f..,J;O (P>)' .. " .)'" ,~"y \ . ' "' y I~(,. M("') I -- CouRT o Ll' 5TREE:.T - I .--+--- f"IR.-= FOUND 'RoN ROD 5'~= SET IR.ON I1"P (p): PLAT DIMENSIO,.J (,All):: MEASulZ-Eo ",ME.....S,o,..J AIle.. :. ).JAIL f CAP fip", fOul-lD '~N f>lP~ . A SURVEY OF LOTS J~ A,..,P I~, Bl.oc..k\ z 1 MOA~r::. f HARR.I So,J S 5Uf1DJV'~ IO,.J Of L-oT 7 Of R. H. P,ADG.ETT'5 S\J6D,VI,S'ON AS RECORDED IN PLAT BOOK ~ , PAGE ~ , OF THE PUBLIC RECORDS OF Hillsborough County, Florida, of whidl pinellas County was fonrerly a part. fi R.M Lo,.J E. c., I HEREBY CERTIFY THAT THE SURVEY REPRESENTED HEREON MEETS THE MINIMUM REQUIREMENTS OF CHAPTER 21 HH-6, OF THE FLORIDA ADMINISTRATM CODE. DATE: ]-09- 9' DWN. BY: '-L INV. NO. : 91-3548 '2."300 MAIN STREET - UNIT H DUNEDIN, FLORIDA 34698 PH: 734 - 3821 EVANS LAND SURVEYING ~.~~.~ Ro. Reg. No. 2937 Bou,...,OA-r<:.'-/ SU/Z..vEY o,J""''( , "CeRTI FII::..D 0 . f PREPARED FOR: CITY Of CLEA~.:W'ATER. 5rE.wART F'DE.LITY lYTLE... COMpArJY SEC, !2.... lWP. ~ RGE. ~ ,~) ('tv..Cp.fP .s.R. t J~~' fif') -.: ~,o't-l, 6.' I~ - ~ o . \l\ Ill. '34 I ... + rR- I ul F:::f :::> 1 1tI .. c5 ~ 0 \I) r<\ " ,..... ~ ~ I '-' 1. 0 \f) - () - - BRo'Wt--J E.Ll- - STRe:e:.T f1P, ;I- $lll-_I (o.tj'~) ~~ ~o.~ '? lr~~ 'v ~() . ..9 ~ y o ':t ~ ~ 'vcf '~G.., 0 (p t. l\, ').- y BILL BOA~D NOT ,SI-IQ......M "y'V 0'" 7'''El. I ~ (l 'v 10 ~ \i\ ~ ~ ,..: 'It oA.. v ( VAC.ANT ) I~,,",o (p)7- - '<, '...., u , ~y , , . ... )' I -- COlJRi 5TREE.T ,4 ~;,y".pY4 Y .::1/.. --l- - - f"1/~..: FOUND 'RoN ROD .s,~= 5E..T IR.ON ROD (p)= PLAT j)'ME,.NSIOtJ (~) -= MEASIJ~Eo PIMEN$IO...... fJ/c.. :. ).JAIL f CAp fip= f<>u~D '~oN PIpe:... c..ot 1.2, BJol~k 2. ""OASE AND HARRI!'!ON'S SUBDIvISrON OF LO'1' 7 OF R.B. P~DG~TT'S SUBDIVISION, according to,the plat thereof, a9 recor~~d In plat Dook 2. P~ge 85. Publi~ Reao~dn of Hillgbo~9U9h Coullty. ""o,'Lda, t)f which Pinel1al!l County, 'Florida, was forll,er I y >a .P,u.t.. L"t 11, less t.he South 1.4 feet thereot, Block 2, HOASe; AND "ARRISON'S ~OAOIVIStON of Lot 1 of R.H. PADGETT'S SUBDIVISION, lI<:r:r.,nUllg r:., t:hp. map or plat. thereot, 'as recorded in iii.ll!lhorouqh 1'1<11: Book 2. Page 85, ot the Public Recol:'d9 of lIillnbOl'ough COUll!".)', Florida, oj! whioh Pinellas County WSIll r.Ot "'''' 1 I,' il p<~rt. LESS AND EXCEPT 1'HEREFROH: I '" p.lrr~f!1 of li1lld in Lot 13, Blo~k 2, MOASEI\ND "ARRISON',S._. '~..S_I,lBOIVISHH-J,':accct'din';lt:hethe map or phI: 'Ujereof. '119 reaot-ded in P'~t Book 2. Page 85 of the Public Records of Hillnborough COllll!:Y, Florida, of whi~h Pinelll1s County WIIS formerly II part, J~~~rLh"d a~ follow91 B~gin at N~ cornel:' of Lot 13, run South 32.2 fA~t along W~9t right-ot-way of Madison Av~nue for a r.Q.B.; !:h8nc~ run Snuth 15 f~et along said ri9ht-of-way to NOl'l:h r iqht-o.F.-wny of Courl:: Stl:'eet; then~e West 15 feet alon9 Nor!:h right-of-way of Court St~eet, thence NE to P.O.B.; eUllt.ailling 11.2.5 square feet:. fi R.A\ 7.D,J E.. c... I HEREBY CERTIFY THAT THE SURVEY REPRESENTED HEREON MEETS THE MINIMUM REQUIREMENTS OF CHAPTER 21 HH-6, OF THE flORIDA ADMINISTRATIVE CODE. DATE: 7-09 - 9 , ff.'"SE:. LEGAL: 1-/7-91 OWN. BY: l[ INV, NO. : 91-354 '2.'300 MAIN STREET - UNIT H DUNEDIN, FLORIDA 34698 PH: 734 - 3821 EVANS LAND SURVEYING C''.} 52... /' ~ \, _J~ . LY{lvv-O LAR L EVANS Ro. Reg. No. 2937 Bou~oA.~'-I '5 c.J /Z.:" E. y O,.J l-Y ., ~,: I I SELLERS: TAX PRORATION AGREEMENT Aubrey Robinson and Ann Robinson, his wife Albert L. Rogero, Jr. and Mary M. Rogero, his wife BUYER: City of Clearwater, Florida PROPERTY: See Exhibit "A" attached hereto The parties hereto acknowledge that the properties being sold are taxed as two separate parcels by the Pinellas County Tax Assessor. Parce 1 I of the property descri bed in Exhi bi t "A" attached hereto is .taxed as a separate parcel of land (tax number 15/29/15/58338/001/0130); and Parcels II and III described in Exhibit "A" attache.d hereto are taxed as one parcel (tax number 15/29/15/58338/002/0120). The parties further acknowledge as of the date of the closing 'of the sale of this property the amount of 1991 taxes has not been determined; and in order to provide the Buyer with a credit for taxes against the purchase price, the parties have agreed to estimate 1991 real estates by using the figures for taxes assessed against the property as of November 1, 1990. The November 1, 1990 taxes on Parcel I (tax number 15/29/15/58338/001/0130) was $354.16; and the November 1, 1990 taxes on Parcels II and III (tax number 15/20/15/58338/002/0120) was $1,509.86. It is agreed that Buyer shall receive a credit against taxes for Parcel I based upon the following computation: November 1, 1990 taxes owing $354.16 divided by 365 days equals $.9703 per diem. $.9703 times 211 days (1/1/91 through 7/30/91) = Tax proration credit - $204.73 It is agreed that Buyer shall receive a credit against taxes for Parcels II and III based upon the following computation: November 1, 1990 taxes owing $1,509.86 divided by 365 days equals $4.1366 per diem. $4.1366 times 211 days (1/1/91 through 7/30/91 = Tax proration credit - $872.82 Buyer and Sellers agree that if taxes owing on the subject parcels as of November 1, 1991 shall differ from the November 1, 1990 taxes owing, that the parties shall reprorate and adjust the tax proration credits between themselves upon receipt of the 1991 tax bill. Upon request the closing agent shall provide computations forreprorating said taxes, but it is understood that the closing agent shall have no obligation for the payment of any difference which may be owing. DATED this 31) Witnesses as to Buyer: day of July, 1991. CITY OF CLEARWATER, FLORIDA By: ~~ ~. '" I I EXHIBIT "A" PARCEL I: Lot 13, Block 1, MOASE AND HARRISON'S,.SUBDIVISION OF LOT 7 OF R.H. PADGETT'S SUBDIVISION, accordini'to the plat thereof, as recorded in plat Book 2, Page 85, Public Records of Hillsborough County, Florida, of which Pinellas County, Florida, was formerly a part. PARCEL II: Lot 12, Block 2, MOASE AND HARRISON'S SUBDIVISION OF LOT 7 OF R.H. PADGETT'S SYBDIVIS~ON, according to the plat thereof, as recorded in Plat~~ook 2, Page 85, Public'Records of Hillsborough County, Florida, o(.which Pinellas County, Florida, was formerly a part... .. PARCEL III: Lot 13, less the South."l.4 feet thereof., Block 2, MOASE AND HARRISON'S SUBDIVISION of Lot 7 of R.H. PADGETT'S SUBDIVISION, according to the map or plat thereof, as recorded in Hillsborough Plat Book 2, Page 85, of the Public Records of Hill sborough County ",Florida, of "which Pinellas County was formerly ,a part. LESS AND EX9EPT THEREFROM: A parcel of land in Lot 13, Block 2, MOASE AND HARRISON'S SUBDIVISION, according the the map or plat thereof, as recorded in Plat Book 2, Page 85 of the Public Records of Hillsborough County, Florida, of which Pinellas County was formerly a part, described as follows: Begin at NE corner of Lot 13, run South 32.2 feet along West right-of-way of Madison Avenue for a P.O.B.; thence run South 15 feet along said right-of-way to North right-of-way of Court Street; thence West 15 feet along North right-of-way of Court Street; thence NE to P.D~B.; containing 112.5 square feet. I I DIRECTIONS FOR PAYMENT OF PURCHASE PRICE SELLERS: Aubrey Robinson and Ann Robinson, his wife Albert L. Rogero, Jr. and Mary M. Rogero, his wife BUYER: City of Clearwater, Florida PROPERTY: Lot 13, Block 1, and Lots 12 and 13, Block 2, Moase and Harrison's Subdivision of Lot 7 of R. H. Padgett's Subdivision CLOSING DATE: July 30, 1991 Inasmuch as the Sellers, Aubrey Robinson and Ann Robinson, sha 11 not be at tend i ng the c 1 os i ng of the sa 1 e of the above- referenced property and shall be unable to endorse any check issued by Buyer for the payment of the purchase price, the Sellers do hereby authorize and direct the Buyer, City of Clearwater, Florida to issue and deliver its check for the purchase price of the above- referenced property to the closing agent, Jerry C. Cobb, Esquire, made payable to "Jerry C. Cobb, Trust Account". Witnesses as to Sellers, ROb1nSjiMf I-I!~~ t/..l. ~ , Witnesses as to Sellers, Rogero / STATE OF FLORIDA COUNTY OF PINELLAS The foregoing instrument was acknowledged and Ann Robinson, his wife, this STATE OF FLORIDA COUNTY OF PINELLAS The foregoing instrument was acknowledged by ~ert L. Rogero, Jr. and Mary M. Rogero, his wife, this /~ day of July, 1991. ~ _ , Notsry ;11(; My Commission Expires: My Commission Expires: '--.. - , -~- ~b~<.:"! r',.':':,. c, "" ., ""',1 '- My ((,:..:'. . ".~'.." '..'. ',:., l~r,';...~...~. r.,.. . J " '-. - ..... I~i ;- : .~\1' :'?:it ,'11":. ;'.'r;..- I I AFFIDAVIT OF NO LIENS STATE OF FLORIDA COUNTY OF PINELLAS BEFORE ME, the undersigned authority, personally appeared AUBRBY ROBINSON and ANN ROBINSON, his wife, who on oath, depose and say: 1. That Affiants, AUBREY ROBINSON and ANN ROBINSON, his wife, are co-owners in possession of the following described property located in Pinellas County, Florida, to-wit: SEE EXHIBIT "A" ATTACHED HERETO 2. That there are no liens filed against said property or any unpaid bills for labor performed or materials furnished for the improvements of said property except as follows: NONE 3. That the representations embraced herein are for the purpose of inducing Stewart Fidelity Title Company to issue an owners policy of title insurance on the above-described property and for the City of Clearwater, Florida to purchase the property. 4. That there are no outstanding unrecorded contracts of sale, deed, conveyance or mortgage affecting the title to said property. That they have received no notice of public hearing within the past 90 days, and that they know of no unpaid assessments. That taxes for prior years have been paid and only 1991 taxes, which are not yet due, are unpaid. 5. That no Notice of Commencement has been filed within the past 90 days. 6. That they are citizens of t of Ame~. SWORN to and subscribed before me this ~aY of ...... d .1.1 ..i._:p , , 1991. ~ My Commission Expires: .----- '-- Hoter,. P};:., :7:,:;;' ('( '-j ::!~'!J My (Oll;::'.::': ';, .::1:111 Bonoe..; ";_J ~ 1 ~ I I EXHIBIT "A" PARCEL I: Lot 13, Block 1, MOASE AND HARRISON'S,.SUBDIVISION OF LOT 7 OF R.H. PADGETT'S SUBDIVISION, accordini'to the plat thereof, as recorded in Plat Book 2, Page 85, Public Records of Hillsborough County, Florida, of which Pinellas County, Florida, was formerly a part. PARCEL II: Lot 12, Block 2, MOASE AND HARRISON'S SUBDIVISION OF LOT 7 OF R.H. PADGETT'S SUBDIVIS~ON, according to the plat thereof, as recorded in Plat:~ook 2, Page 85, Public'Records of Hillsborough County, Florida, o~,which Pinellas County, Florida, was formerly a part. PARCEL III: Lot 13, less the South.'1.4 feet thereo~, Block 2, MOASE AND HARRISON'S SUBDIVISION of Lot 7 of R.H. PADGETT'S SUBDIVISION, according to the map or plat thereof, as recorded in Hillsborough Plat Book 2, Page 85, of the Public Records of Hillsborough County, ,Florida, of'which Pinellas County was formerly.a part. LESS AND EX9EPT THEREFROM: A parcel of land in Lot 13, B166k 2, MOASE AND HARRISON'S SUBDIVISION, according the the map or plat thereof, as recorded in Plat Book 2, Page 85 of the Public Records of Hillsborough County, Florida, of which Pinellas County was formerly a part, described as follows: Begin at NE corner of Lot 13, run South 32.2 feet along West right-of-way of Madison Avenue for a p.a.B.; thence run South 15 feet along said right-of-way to North right-of-way of Court Street; thence West 15 feet along North right-of-way of Court Street; thence NE to P.~~B.; containing 112.5 square feet. I I AFFIDAVIT OF NO LIENS STATE OF FLORIDA COUNTY OF PINELLAS BEFORE HE, the undersigned authority, personally appeared ALBERT L. ROGERO, JR. and MARY M. ROGERO, his wife, who on oath, depose and say: 1. That Affiants, ALBERT L. ROGERO, JR. and MARY M. ROGERO, his wife, are co-owners in possession of the following described property located in Pinellas County, Florida, to-wit: SEE EXHIBIT "A" ATTACHED HERETO 2. That there are no liens filed against said property or any unpaid bills for labor performed or materials furnished for the improvements of said property except as follows: NONE 3. That the representations embraced herein are for the purpose of inducing Stewart Fidelity Title Company to issue an owners policy of title insurance on the above-described property and for the City of Clearwater, Florida to purchase the property. 4. That there are no outstanding unrecorded contracts of sale, deed, conveyance or mortgage affecting the title to said property. That they have received no notice of public hearing within the past 90 days, and that they know of no unpaid assessments. That taxes for prior years have been paid and only 1991 taxes, which are not yet due, are unpaid. 5. That no Notice of Commencement has been filed within the past 90 days. 6. That they are citizens of the America. 1991. SWORN to and subscribed before me this fl day of >>--. My Commission Expires: Notary Puhlic, 5ititc of florida My Commission Exp;res Sent. 14, 1991 ~d.d Thru l,oy fain - In5uronce IACt J I. l ~.~ EXHIBIT "A" PARCEL I: Lot 13, Block 1, MOASE AND HARRISON'S ,SUBDIVISION OF LOT 7 OF R.H. PADGETT'S SUBDIVISION, accordini'to the plat thereof, as recorded in Plat Book 2, Page 85, Public Records of Hillsborough County, Florida, of which Pinellas County, Florida, was formerly a part. PARCEL II: Lot 12, Block 2, MOASE AND HARRISON'S SUBDIVISION OF LOT 7 OF R.H. PADGETT'S SUBDIVISION, according to the plat thereof, as recorded in Plat~~ook 2~ Page 85, Public' Re~ords of Hillsborough County, Florida, o~~which Pinellas County, Florida, was formerly a part. PARCEL III: Lot 13, less the South:l.4 feet thereo~, Block 2, MOASE AND HARRISON'S SUBDIVISION of Lot 7 of R.H. PADGETT'S SUBDIVISION, according to the map or plat thereof, as recorded in Hillsborough Plat Book 2, Page 85, of the Public Records of Hillsborough County, ,Florida, of' which Pinellas County was formerly.a part. LESS AND EX9EPT THEREFROM: A parcel of land in Lot 13, Block 2, MOASE AND HARRISON'S SUBDIVISION, according the the map or plat thereof, as recorded in Plat Book 2, Page 85 of the Public Records of Hillsborough County, Florida, of which Pinellas County was formerly a part, described as follows: Begin at NE corner of Lot 13, run South 32.2 feet along West right-of-way of Madison Avenue for a P.O.B.; thence run South 15 feet along said right-of-way to North right-of-way of Court street; thence West 15 feet along North right-of-way of Court street; thence NE to P.~~B.; containing 112.5 square feet. , I NON-FOREIGN CERTIFICATION BY INDIVIDUAL TRANSFEROR STATE OF FLORIDA COUNTY OF PINELLAS 1. Section 1445 of the Internal Revenue Code provides that a transferee of a United States real property interest must withhold tax if the transferor is a foreign person. 2. In order to inform the transferee that withholding of tax is not required upon the disposition by of the United States real property described as follows: See Exhibit "A" attached hereto the undersigned transferor certifies and declares by means of this certification, the following: a. I am not a non-resident alien for purposes of United States income taxation and b. My Social Security No. is: NAME SOCIAL SECURITY NO. cJb 4 - ')-1- 7 frO 'I ~J- -7~ - )-~t,J AUBREY ROBINSON ANN ROBINSON c. My home address is: ? 0 ~ 0-SL>. ~gFa~~~ .spn~s" F<-- .s.J.. JLd-? AUBREY ROBINSON, ANN ROBINSON, d. There are no other persons who have an ownership interest in the above described property other than those persons set forth above in subparagraph b. 3. The undersigned hereby further certifies and declares: .. I understand that the purchaser of property intends to rely on the foregoing connection with the United States Foreign Property Tax Act. (94 Stat 2682 as amended) the above described representations in Investment in Real b. I understand this certification may be disclosed to the Internal Revenue Service by transferee and that any false statement contained in this certification may be punished by fine, imprisonment or both. Under penalties of perjury, I declare I have examined carefully this cert1fication and it is true, correct nd complete. Dated this /J , day of ,~ " , 1991. SWORN ~.Ja~ subscribed before me this , 1991. IS-- day of - , rf~";:'~,'r-:f r '. ~ f,~ " ~,,;.....;,,;. ';., ~)'-'" , I I EXHIBIT "A" PARCEL I: Lot 13, Block 1, MOASE AND HARRISON'S..SUBDIVISION OF LOT 7 OF R.H. PADGETT'S SUBDIVISION, accordini'to the plat thereof, as recorded in Plat Book 2, Page 85, Public Records of Hillsborough County, Florida, of which Pinellas County, Florida, was formerly a part. PARCEL II: Lot 12, Block 2, MOASE AND HARRISON'S SUBDIVISION OF LOT 7 OF R.H. PADGETT'S S~BDIVISJON, accotding to the plat thereof, as recorded in Plat~~ook 2, Page 85, Public Records of Hillsborough County, Florida, o~.which pinellas County, Florida, was formerly a part. . PARCEL III: Lot 13, less the South,'t.4 feet thereo~, Block 2, MOASE AND HARRISON'S SUBDIVISION of Lot 7 of R.H. PADGETT'S SUBDIVISION, according to the map or plat thereof, as recorded in Hillsborough Plat Book 2, Page 85~ of the Public Records of Hillsborough County, ,Plorida, of'~hich Pinellas County was formerly.a part. LESS AND EX9EPT~HEREFROM: A parcel of land in Lot 13, Blri~k 2, MOASE AND HARRISON'S SUBDIVISION, according the the map or plat thereof, as recorded in Plat Book 2, Page 85 of the Public Records of Hillsborough County, Florida, of which pinellas County was formerly a part, described as follows: Begin at NE corner of Lot 13, run South 32.2 feet along West right-of-way of Madison Avenue for a P.O.B.; thence run South 15 feet along said right-of-way to North right-of-way of Court street; thence West 15 feet along North right-of-way of Court street; thence NE to P.~~B.; containing 112.5 square feet. I I NON-FOREIGN CERTIFICATION BY INDIVIDUAL TRANSFEROR STATE OF FLORIDA COUNTY OF PINELLAS 1. Section 1445 of the Internal Revenue Code provides that a transferee of a United States real property interest must withhold tax if the transferor is a foreign person. 2. In order to inform the transferee that withholding of tax is not required upon the disposition by of the United States real property described as follows: See Exhibit "A" attached hereto the undersigned transferor certifies and declares by means of this certification, < the following: a. I am not a non-resident alien for purposes of United States .income taxation and b. My Social Security No. is: NAME SOCIAL SECURITY NO. ALBERT L. ROGERO, JR. 7A, ~ - ~ 'J- - ~ iff '3 J (/?J - tf<f - f i 1,1 MARY M. ROGERO c. My home address is: ALBERT L. ROGERO, JR., 1985 Sever Drive, Clearwater, FL MARY M. ROGERO, 1985 Sever Drive, Clearwater, FL d. There are no other persons who have an ownership interest in the above described property other than those persons set forth above in subparagraph b. 3. The undersigned hereby further certifies and declares: a. I understand that the purchaser of property intends to rely on the foregoing connection with the United States Foreign Property Tax Act. (94 Stat 2682 as amended) the above described representations in Investment in Real b. I understand this certification may be disclosed to the Internal Revenue Service by transferee and that any false statement contained in this certification may be punished by fine, imprisonment or both. Under penalties of perjury, I declare I have examined carefully this certification and it is true, correct nd complete. Dated this /7 day of , 1991. subscribed before 1991. , < Ray of... / - ~....... , ~ Notary P bl' ". M . . U Ie, State of florid y CommissIon Ex ; a kndod Th,. T pires SClJt. 14, 11991 ,oy fam - l.s.ro.,. 'lI4.I, , I I ~ EXHIBIT "A" PARCEL I: Lot 13, Block 1, MOASE AND HARRISON'S SUBDIVISION OF LOT 7 OF R.H. PADGETT'S SUBDIVISION, accordini'to the plat thereof, as recorded in Plat Book 2, Page 85, Public Records of Hillsborough County, Florida, of which Pinellas County, Florida, was formerly a part. PARCEL II: Lot 12, Block 2, MOASE AND HARRISON'S SUBDIVISION OF LOT 7 OF R.H. PADGETT'S SpBDIVIS~ON, according to the plat thereof, as recorded in Plat:book 2, Page 85, Public' Records of Hillsborough County, Florida, o~.which Pinellas County, Florida, was formerly a part. PARCEL III: Lot 13, less the South:1.4 feet thereo~, Block 2, MOASE AND HARRISON'S SUBDIVISION of Lot 7 of R.H. PADGETT'S SUBDIVISION, according to the map or plat thereof, as recorded in Hillsborough Plat Book 2, Page 85, of the Public Records of Hillsborough County, ,Florida, of' which Pinellas County was formerly.a part. LESS AND EX9EPT THEREFROM: A parcel of land in Lot 13, BlOck 2, MOASE AND HARRISON'S SUBDIVISION, according the the map or plat thereof, as recorded in Plat Book 2, Page 85 of the Public Records of Hillsborough County, Florida, of which Pinellas County was formerly a part, described as follows: Begin at NE corner of Lot 13, run South 32.2 feet along West right-of-way of Madison Avenue for a P.O.B.; thence run South 15 feet along said right-of-way to North right-of-way of Court Street; thence West 15 feet along North right-of-way of Court Street; thence NE to P.D~B.; containing 112.5 square feet.