PAUL CHARLES AND BETTY JEAN BROWN
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90080084
~ ~:~~~~~:~N~~V~~ F:.t~:~:i; !i~r1~_~;~~~.~~~~<?~~~;r~~__..
this U4rranty ))ttd M(l(/~, ,/IV 7th tlelY uf
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September,
A. /), to 90 by
PAUll CHARLES BROWN and BETTY JEAN BROWN, his wife
IU/r(>ill~'''r;rr-c(Jll'!ll Ole (JrcHllur, to
ern OF CLEARWATER, a
municipal corporation
r!../o a~*J fI/ftJrfUtj - &~~;;::~t/~/J-t/7~3
I/"'I)S/I postallke flIldrl's5 il
'WI'I'/IIl,!/e'r C'flll(.t/ 1/1/' (11'(1111.'11:
(Wher,\,,,, l~...d hf"I'~in It..- .'1 III!'; III.II'Allllll"t. Ind IlarUI\II.fI'l lill'llUtt! ~U IJle parllt'i Ii' lll'lI ilUln'm~nl illd
Itl' Jlt'i'141 1iL.'w..1 rrtlu...t'III.llli\c'~ ~Iul ."''''''I'h ,~r in\Jh'iduuh. 0.1141 lhr .'Uttr"'il". lIutJ a..,~iI(IU nl tur"ur:itiun~)
UUntsseth: TllClt till' wmllor, lor anel In ron s/(/f'rnl/em lIt II... sum of $ 10,00 ami ollwr
"ll/lla/,/1l C~mlilc/l'ratl/)"s. r(O('c.i"t 11I/H'rc."f i5 "f',.('l.,\' uckrum,I,.df/t>rI, /I/.".hy !!"""'~, horgottl!!. !!'1I~ o.li!',!!s, t/!-
millcl'. I"1,I"cu"!f, co;w~'y" and ('o,t!irms urtln "Ip. gronlM, ulll/lol c~tICl/" lelnd SilIlO/1i In Pinella:s
CUII"'Y, Florida, I'/Z:
t-:"','
Lot 19, CL~WATER HEIGHTS, according to the Plat thereof,
Plat Book 4, Pae~ 99 of the Public Records of Hillsborough
of which Pinellas County was formerly a part.
11 RECORQjf~~
Number 15/29/15/30798/000/0190 ,II,CCT .."S ':t:.. /
--- --<SID c
as recorded in
County, FloridA.
t (; 0 Pa1:'cel
..._ q.._~~ 00
;:<r;:c
'-~'gCJO
'S ()
Fi[')
Documentary Tax Pt!. $ It q J.. s:- 0 0
Tax Pd.
(. ~ ""!- F
PTG
P C
[) 0 C _____.__
lNT
TOTAL LJ -0
-,-~ OH-
'--- Sy
J /. qdt Ou
oj...J
Jogtlhtr
wille Clpp~rlni,.ing,
TD lIaUI and to )fold,
I~rk
WillI air tho hmemenls. hereditamen's cmd appurlcmClnc(>s thereto bclonglrlg Qr in any-
the SCllne tn fee ,imple fouwp.r,
Rnd I/le gran/or Iletel,}' CnVp.nCIIlls lvith said ortllll(l/f Illal If Ie- !lronlor is lau,'full,Y lie-It-ed of said lcwd
in fee .imple; t'lClI Ihe gran lor Ilos good right (/tiel lawful aulhorlly 10 st'lI ClIlCl COtlC'p.)' said latlll; lllat Ihe
gro'llor herp.f,y fully Warrants the wle 10 said land and will dl!lend Ihe SaMp. against ,Iu! lawful daims of
nil persons wlu)rn,op.l1cr; arid ,Ilal said land Is fref! uf all encumbrCIrICP5, cxcepl 'a.1Ce. accruing lluL~equent
In ~ September 7, 1990, and easement.s And restrictions of record.
In 1tJitness 1tthtreof, II-.e .elid granlor ha' IIlgned and 'eClI6J Ihese preBlmfs IllS day and. year
firs I above 1~'rUt~n.
Sltmed. ..CIled and delivered in o(~r presence:
'~'~~a~~.~...."u.,.......
"'~O'~"'" ...'...B
~:~.~ET~.~F .~~ _ ~~~ES AS .~~ElTI, SEE
us ....."......,..... ...,.
; ..BROWN......~~........
5'''''1 IllOW fOR ueO.DIIS liSt
I HEREBV CEk 1', fY Ihat on thi, day, bt-fore me, an Dllicer du')'
iulhQrized in the Slale af(lr~said ilnd in the Caunly aforcsaid to lal<,.
ad".owledslIIl'nll. p~rsollally appt'art'd
PAUL CHARLES BROWN, a married man
III 'iil. l"lbwn I... l,r the p..n.,,"
fi,i-~'K~,irig ,i"strullll'nt anc! he
l'xeCUI"d Ihe same.
1/1ftw7 t4J;
Thill In.,trumtnl was Ilre~.",d by:
Sn~WART TITU: OF C:U:ARWATER
B,: MIKELL L. ST. r,ti;RMA TN
1190 ("ourl Suee'
C1E'arW;l~r, Fl. ,l;~ I t.
p.O. 11,,~ 2>,,',
(IrM\'i~~l'r" I L :,:,' ','
Which III~lrllm".I! '.'':1, ,'Ii'I';': r;; inxiIJ"!\llll
III l"Iitllllt of II Till., lrN;,'i"" i':,I;~.~,.
6)
describl'd in and who I!XCcult.<! tl...
acknowll!dltt!d be for. mt! that he
WITNF:SS my hand and official seal in the COlmly and
,~~te la$l alort's' his 7th day Ilf
ember~19 90
'/illS "mrl/lllml }'r~~;~~~/ttB~C~~;;~71^
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13010 - 00000541
. OED-BROWN
FEES
MOD TRUST FUND
09-10-90
16; -36: 15
$4 no
,. a _
$'"' .,,-
, d, 'J"
lj,J.. II
STATE OF
COUNTY OF
FLORIDA
CHARGE AMOUNT
"'O"'A' ;
I i .L;
$4. 50
$4.50
PINEILAS
I HEREBY CERTIFY that on this day, before me, an officer duly authorized
in the State aforesaid and in the County aforesaid to take acknowledgements,
personally appeared BETTY JEAN BROWN, a married woman
, to me known
criebed in and who executed the foregoing instrument and
before me that she executed the same.
to be person(s) des-
she acknowledged
WITNESS my hand and official seal in the County and State last aforesaid
th is 10th day of September A.D. ,!/~9-'
of Florida
My Commission expires: / /,- ]- ?7c/
..;.... '
......
27046403 NSB
01
RECORDING
DOC 8T AMPS
: 09-10-90 16:37:26
i $6.00
2 $1,925.00
TOTAL:
CHECK AMi. TENDERED:
CHANGE:
... - ,9",4 '-ie:
':II! I .JJ.a LtJ
$1 ! 931. 00
$0.00
I
I
THIS AGREEMENT, made and entered into this
AGREEMENT FOR PURCHASE AND SALE OF REAL PROPERTY
C:JA--.
I-(
day of ~ 1990,
.
by and between PAUL CHARLES BROWN AND BETTY JEAN BROWN, hereinafter referred to as
"Seller, II and the CITY OF CLEARWATER, FLORIDA, a municipal corporation, hereinafter
referred to as "Purchaser;"
WIT N E SSE T H :
That in consideration of the payments and covenants herein provided, and other
good and valuable considerations, Seller agrees to sell and Purchaser agrees to buy
the real property ("Property"), situate in Pinellas County, Florida, described as
follows, to wit:
Lot nineteen (19), Gibson1s Clearwater Heights Subdivision, according
to map or plat thereof as recorded in Plat Book Four (4), page ninety-
nine (99), public records of Hillsborough County, Florida of which
Pinellas County was formerly a part.
Subject to any easements and restrictions of record.
1. Purchase Price. The total purchase price of the Property shall be in the
sum of three hundred fifty thousand ($350,000) which is payable in full at closing,
subject to adjustments and prorations.
2. Closing Date. The closing shall be within thirty (30) days following the
date of the full execution of this Agreement, unless extended by other provisions of
thi s Agreement or by the mutual consent of the parti es.
3. Conveyance. Seller agrees to convey fee simple title to the Property to
Purchaser by statutory Warranty Deed, free and clear of all liens and encumbrances,
except those set forth in this Agreement, if any, and those otherwise accepted by
Purchaser. The Property shall be conveyed subject to applicable zoning requirements
of the City of Clearwater.
4. Title Insurance.
Purchaser agrees to purchase at its expense a title
insurance policy from a Florida licensed title insurer and to obtain with reasonable
diligence, but not less than twenty (20) days prior to closing, a commitment for
title insurance in the amount of the purchase price, which commitment shall show a
marketable, unencumbered, fee simple title to the Property in the Seller, subject
only to zoning, restrictions of record, taxes for 1990 and subsequent years, and
publ ic util ity easements; and to 1 iens, encumbrances, exceptions or qual ifications
set forth in this Agreement, and those which shall be discharged by Seller at or
before closing. The Purchaser shall have a reasonable time after the del ivery of
said commitment for the examination" thereof and within said period but not less than
ten (10) days prior to closing shall notify the Seller in writing of any objections
~"-:>,,.":L ,':..' >uf.' .
lOL~) a'F~" 'U'~,~.le/d4 t /M 4.l)
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to said title, If such notification is not given within the time specified herein,
then the title shall be conclusively deemed to be acceptable to the Purchaser. In
the event that the title of the Seller is not good and marketable, the Seller shall
have a reasonable time thereafter, but not more than one hundred twenty (120) days
from receipt of notice from the Purchaser, to make a diligent effort to perfect the
title; and if the defects are not cured within such time, the Purchaser may either
cancel this Agreement or waive the defects and accept the Property without deduction
on account of said defects.
5. No Brokers. Each party affirmatively represents to the other party that no
brokers have been involved in this transaction and that no broker is entitled to
payment of a real estate commission because of this transaction.
6. Documents for Closing.
Seller shall furnish deed, mechanic's lien
affi davi t, and any correcti ve instruments that may be requi red in connecti on wi th
perfecting title, together with the closing statement.
7. Survey. Purchaser may obtain at its expense a survey. If the survey shows
any encroachment on the Property or that improvements intended to be located on the
Property encroach upon setback lines, easements, lands of others, or violate any
restrictions, covenants or applicable governmental regulations, the same shall be
treated as a title defect if brought to the attention of the Seller not less than
ten (10) days prior to closing.
8. Expenses. The Purchaser shall pay for the documentary stamps to be placed
on the Warranty Deed and the cost for recordi ng same and shall pay the cost of
recordi ng any instruments that may be requi red in connecti on wi th perfecti ng the
title.
9. lease of Property. The Purchaser agrees to lease said property to the
Seller for one dollar per year for a period of time not to extend beyond December
31, 1992, unl ess mutually extended by both parti es.
10. Removal of Items. At the conclusion of the lease period, the Seller may
remove, at his expense, from the property the following items: light fixtures, wood
trim from the art gallery, interior doors, appliances, counters, cabinets and air
conditioning units.
11. Radon Gas Notification.
As required by Section 404.056(8),
Florida Statutes, the Purchaser shall take notice of the following:
RADON GAS: Radon is a naturally occurring radioactive gas that, when
it has accumulated in a building in sufficient quantities, may present
hea lth ri sk s to persons who a re exposed to it ove r time. Levels of
radon that exceed federal and state gui del i nes have been found in
buildings in Florida. Additional information regarding radon and
radon testing may be obtained from your County public health unit.
I I
12. Persons Bound; Agreement Not Assignable. This Agreement shall be binding
on the parties hereto and their respective personal representatives, heirs,
executors, admi ni strators, and successors. Nei ther thi s Agreement nor any ri ghts
hereunder shall be assignable. The City agrees not to lease said property to any
party other than Seller for the';::IGse of operating a chiropractic office or art
gallery until December 31, 1996.aP>~
13. Agreement Not Recordable. Neither this Agreement nor any notice thereof
shall be recorded in public records of Pinellas County, but this Agreement shall be
deemed a record available for public inspection in the offices of the Seller
pursuant to the Public Records Law of Florida.
IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day
and year first above written.
Countersigned:
CITY OF CLEARWATER, FLORIDA
By:
~ --:7/ .1lL
Ron H. Rabun
Ci ty ~1anager
Rlta Garvey
Mayor-Commi ssi 0
Approved as to form
and correctness:
Attest:
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WITNESSES:
SELLER
~jj~JA
1LdLL/
Paul Charles Brown
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,PREPARED FOR: BARN Etr Bt:>..t-J "<
I SEe. )5 _ TWP. 2.9S RGE. IS ~
- CLE.VELAND - STR.EE:-T
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A SURVEY OF LOT ,'), LES5 TI-lE t-JOR..Tl-I 20.0'THER..E..Of forz
F\op...D RyIvV, (j/B5c>~'s CLEAR;\NATE-R.. I-iEI~HT..s
AS RECORDED IN PLAT BOOK ~ , r'AGE 99 ,OF THE PUBLIC RECORDS
OF HIILSBOROUGH COUNTY, OF vlfUCH PlNELlAS COUNTY WAS FORf\1ERLY A PART.
I HEREBY CERTIFY THAT THE SURVEY REPRESENTED HEREON MEETS THE MINIMUM
REQUIREMENTS OF CHAPTER 21 HH-6, OF THE FLORIDA ADMINISTRATIVE CODE.
DATE: 2.-/4--84
BOOK PG.
OWN. BY: It
.EVANS LAND SURVEYING
1755 RANCHWOOD DRIVE SOUTH
DUNEDIN, FLORIDA 33528 PH: 734...3821
INV, NO. 84--,82..
eoUNDA~--{ ..sU~v'EY/TiE-JN
~~~ ~,~
. LARRREVANS
Fie, Re~;;. ~Jo, 2937
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MIS (REG) OMB No, 2502-0265
A. U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT B. TYPE OF LOAN:
1. D FHA 2, D FMHA 3. D CONV. UNINS,
4. D VA 5, D CONV, INS,
6. FILE NUMBER 17. LOAN NUMBER
90080084
8, MORTG, INS, CASE NO,
SETTLEMENT STATEMENT
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,Q.c.)" were paid outside the closing: they are shown here for informational purposes and are not included in the totals,
D. NAME AND ADDRESS OF BORROWER E. NAME AND ADDRESS OF SELLU F, NAME AND ADDRESS OF LENDER
CITY OF CLEARWATER, PAUL CHARLES BROWN
a municipal corporation BETTY JEAN BROWN CASH TRANSACTION
G. PROPERTY LOCATION H. SETTlEMENT AGENT I. SETTlEMENT DATE:
LOT 19, CLEARWATER HEIGHTS STEWART TITLE COMPANY OF CLEARWATER, INC.
PLACE OF SETTlEMENT SEPTEMBER 7, 1990
1290 COURT STREET, CLEARWATER, FL 34616 250th DAY OF YEAR
J. SUMMARY OF BORROWER'S TRANSACTION K. SUMMARY OF SELLER'S TRANSACTION
lOll, GROSS AMOUNT DUE FROM BORROWER: 400 GROSS AMOUNT DUE TO SELLER:
1101 Contr act sales price - ~ 'lO QOo......oO 401 Contract sales price ~'lO ()()() ()()
--
102 Personal properly , 402 Personal properly
103 Seltlement charges 10 borrow (line 14001 ~ Q?A 00 403
104, 404
105, 405
Adjustments for items paid by seller in advance: Adjustments for items paid by seller in advance:
106, City /lown taxes 10 406, Cily/lown laxes 10
-- ----~-- , f---- ,-,
107. County laxes 10 407. County laxes to
108, AssessmenlS to 408, Assessments to
109, 409,
110, 410,
111. 411
-
112, 412
120, GROSS AMOUNT DUE FROM BORROWER: 353,928.00 420, GROSS AMOUNT DUE TO SELLER: 350,000.00
200, AMOUNTS PAID BY OR IN BEHALF OF BORROWER: 500, REDUCTIONS IN AMOUNT DUE TO SELLER:
201, aeposil or earnesl money -0- 501, Excess deposit Isee instructions)
202, Printipal amount 01 new loan(s) 502 Selllement charges to seller (line 14001 -0-
203 Existing loanls) laken subjeclto 503 EXIsting loan Is) laken subletlto
204, 504, Payotl of lirsl morlgage loan ~T1'T7.FN~ RANK 1 h4 74h, 90
205, 505, Payoff 01 second mortgage loan
206, 506,
207, 507,
208, 508,
-
209, 509,
Adjustments for items unpaid by seller: Adjustments for items unpaid by seller:
210, City /lown laxes 10 510, Cily/lown taxes 10
211 Counly taxes to 511, County laxes 1/1/90 to Q/7/90 ? l?O ()()
212, Assessments 10 512, Assessments 10
213, 513,
214, 514,
215, 515,
216, 516,
217, 517,
218, 518,
219, 519,
220, TOTAL PAID BY/FOR BORROWER: -0- 520, TOTAL REDUCTION AMOUNT DUE SELLER: 166,866.90
300, CASH AT SETTlMENT FROM/TO BORROWER: 600, CASH AT SETTlEMENT TO/FROM SELLER:
301 Gross amount due from borrower (line 120) 353,928.00 601. Gross amount due to seller (line 420) 350,000.00
302, Less amounts paid by /for borrower (line 220) -0- 602, Less total reductions in amount due seller (line 520) 166,866.90
303, CASH (CXFROMllOiIOf BORROWER: 353,928.00 603 CASH IQg TOI ~M) SEllER: 183,133.10
CASHIERS CHECK TO STEWART TITLE COMPANY HUD-l
RESPA, HB 4305.2
DRIVER'S LICENSE & SOCIAL SECURITY NUMBERS REQUIRED ! ! !
"
MIS lDl
...
L.
lI.I
SETTLIMENT CHARGES
.
I
PAID FROM
BORROWER'S
FUNDS
AT SETTLEMENT
PAGE 2 OF OMB No, 2502-0265
PAID FROM
SEllER'S
FUNDS
AT SETTLEMENT
700, TOTAL SALES/BROKER'S COMMISSION Based on price $
Oivision of commission (line 700) as follows:
@
%=
701.$
702,$
703, Commission paid at settlement
704,
8OO,lTEMS PAYABLE IN CONNECTION WITH lOAN.
to
to
l\lnl\lli'
801, Loan Origination fee
802, Loan Discount
803, Appraisal Fee
804. Credit Report
805. Lender's inspection fee
806. Mortgage Insurance application fee
807, Assumption Fee
808,
809.
810,
811,
%
%
to
to
to
900 ITEMS REQUIRED BY lENDER TO BE PAlO IN ADVANCE.
901,Interestlrom
to
@$
/day
902. Mortgage insurance premium for mo. to
903. Hazard insurance premium for yrs. to
904, yrs, to
905,
1000 RESERVES DEPOSITED WITH lENDER
1001. Hazard insurance
1002. Mortgage insurante
1003. City property taxes
1004 Counly property taxes
1005. Annual assessments (Maint.)
1006.
1007
1008.
mo @S ........ " ,
per mo.
mo,@$ per mo. .'" ..."r>,
mO.@$ per mo. ...;, ""'.
mO,@$ per mo. ". . ,,~ ,> .
mO.@$ per mo. (, y.''';
mO,@$ per mo '... . ....
.,
mo,@$ permo. L- .
mo. @$ per mo. ..
I,
1100 TITlE CHARGES:
1101. Settlement or closing fee
1102. Abstract or title search
to
to
to
to
to
10
to
1103. Title examination
1104. Title insurance binder
1105. Document preparation
1106. Notary fees
1107 Attorney's fees 10
(includes above items No..
1108. Title insurance ( 1102 )
(inc/udes above items No.:
1109. Lender's coverage
1110, Owner's coverage
1111.
1112.
1113.
I"'" '.C1;
'.'
... """'.'
350.000.00
..
INColl8 _
,~. ........".
~
to
STEWART TITLE COMPANY OF CLEARWATER
1200. GOVERNMENT RECORDING AND TRANSFER CHARGES
1201, Recording lees: Deed $ 6 .00
1202. City/county tax/stamps: Deed $
1203. Stale tax/stamps: Deed $ 1 Q? 0:; nn
Mortgage S
Mortgage $
Mortgage $
Releases $
6.00
1 q?o:; nn
1204,
1205.
1300. ADDITIONAL SETTlEMENT CHARGES
1301, Survey
1302. Pest insp~ction
1303
1304,
to
to
NONE
NONF.
1305,
1400 TOTAL SETTlEMENT CHARGESAntered on 't..nes 103, Sect/on J and 502, SectIOn K) ':\ 9? R 00
CERTIFICATION: I h:~~~er:~\y rJlieWejlhe~ ..d to the best of my knowledge and beliel,lI is a true and accurate statement of ali receipts and disbursements made on my account or by me In this transaction. I further cerlify
that I have received a~.~Sere 1IIf-
for: CITY OF r.U AR TPR I PAUL CHARLES BROWN ~l.C..\ \.,~'" ;:;:,,~'k~v,
Borrowers ~ C. Seliers. ~
To the best 01 my knowledge. the HUD,Jo!!i;ttI~lllt?me~ ~ h?9' pared IS a true and accurate account offhe lunds which were receiv~d and have been or wlli be disbursed by the undersigned as pari 01 the settlement olthis transaclion.
/ } /' ~ I SF.PTF.MRF.R 7, I qqO
Settlement A.llent I r" ~ Date
SELLER'S ANo/OR PURCHMfR'S STATEMENT Seller's and Purchaser's signatme hereon acknowledges his/thei. approval of lax proralions and signilies Iheir understanding that prorations were based on taxes for the prete ding year, orestimales
for the current year, and in the event of any change for the current year, all necessary adjustments must be made between Seller and Purchaser: likewise any delault in dellnquenl laxes will be reimbursed 10 Title Company by the Seller.
Title Company, in its tapacity as Escrow Agenl, is and has been authorized to deposit all funds it receives in this transaction in any financial institution. whether affilialed or not. Such financial institution may provide Tille Company computer
accounting and audit services directly or through a separate entity which, if affiliated with Title Company, may charge the financiallnstitulion reasonable and proper tompensation theretore and retain any prolils therefrom, Any escrow fees paid by any
party involved In this transaction shall only be for check 'ng and inputto 1 computere, but not for aforesaid accounting and audil services, Titie Company shall nol be liable for any interest or other charges on Ihe earnest money and shall be under no
duty 10 invest or reinvest funds held by it at any time, S r and Purchasers h y aCknowledge and consent 10 the deposit of the escrow money in financial institutions with which Title Company has or may have other banking relalionshlps and lurther
consent to the retention by Title Compan and/ its a II es of any a.1l Is (including advantageous interesl rates on loans) Title Company and lor ils alliliates may receive from such financiallnstltulions by reason of their maintenance of said
escrow accounls.
The parties have read the abov e 0
Purchasers/Borrowers
tor: CITY OF CL' RWATER
WARNING: it is a crime to knowingly make lalse slalements 10 the Ilnile
s h rein are malerial. agree to same, and recognize Title Company is relying on the same. ~~. ~"- ~
Sellers _ _ . :>l"........ ",'-'-----
PAUL CHARLES BROWN '" Y JEAN BROWN
- o;-;tti~any olher similar 'orm. Penalties upon conviction can inr:IUJca' line and imprisonment. For d;tails see: Title 18: U,S, Code Section 1001 and Sechan 1010
American Land Title Associatton.commitment, 1966
'I''''''o~''c'" ,,',,,.,,, ""~=,,,==,"cc~'C=='7'='=O~=,=,tm'c,==,,=Cc.'== m_n,n
COMMITMENT FOR TITLE INSURANCE
ISSUED BY 90080084
STEWART TITLE
GU ARANTY 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 Schedule A, upon pay-
ment of the premiums and charges therefor; all subject to the provisions of Schedules A and B and to
the Conditions and Stipulations hereof.
This Commitment shall be effectiYEl only when the identity of the proposed I nsured 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 Company.
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.
STEWART TITLE
n of the Board
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~~~~
GUARANTY COMPANY
President
Company
City, State
Serial No, C. 9 912: 62 9 6 4 3
005N Rev. 3/78
I
I
mls
SCHEDULE A
Commitment No.
C-9912-629643
Your No.:
90080084
Prepared For: CITY OF CLEARWATER, a
Effective Date of Commitment:
August 28, 1990 at 5:00 P.M.
Inquiries Should be Directed to:
MIKELL L. ST.GERMAIN
Stewart Title Company of Clearwater
1290 Court Street
Clearwater, Florida 34616
(813) 441-2689
1. Policy or Policies to be issued:
Amount
(a) [J AL T A Owners Policy 1987
$
350,000.00
Proposed Insured: CITY OF CLEARWATER, a municipal corporation
(b) D ALTA Loan Policy 1987
$
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:
PAUL CHARLES BROWN and BETTY JEAN BROWN, his wife
4 The land referred to in this Commitment is located in the County of PINELLAS
State of FLORIDA and described as follows:
Lot 19, CLEARWATER HEIGHTS, according to the Plat thereof, as
recorded in Plat Book 4, Page 99 of the Public Records of
Hillsborough County, Florida of which Pinellas County was
formerly a part.
Page 2
of 4
STEWART TITLE
2552 (Rev, 6/87)
GUARANTY COMPANY
I
SCHEDULE B
olER NO:
90080084
Commitment Number:C-9912-629643
I. The following 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.
Continuous Marriage Affidavit from PAUL CHARLES BROWN and BETTY
JEAN BROWN.
Satisfaction of that certain mortgage from PAUL CHARLES BROWN
and BETTY JEAN BROWN, his wife in favor of CITIZENS BANK OF
CLEARWATER, filed February 19, 1987 in Official Record Book
6430, Page 1749 in the principal amount of $175,000.00, and
Receipt of Futur~ Advance filed Auqust 11, 1988 in O.R. Book
Schedule B Of fhe policy or policies to be issued wiT! contain exce-ptioDS to file follow.ina matters unles..s the same are disposed
contlnuea un nex~ page
of to the satisfaction of the Company:
II.
1. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or
attaching subsequent to the effective date hereof but prior to the date the proposed I nsured acquires for value of record the
estate or interest or mortgage thereon covered by this Commitment.
2, Standard Exceptions:
(a) Rights or claims of parties in possession not shown by the public records.
(b) Easements, or claims of easements, not shown by the public records.
(c) Encroachments, overlaps, boundary line disputes, or other matters which would be disclosed by an accurate survey
and inspection of the premises,
(d) Any lien, or right to a lien, for services, labor, or material hereto or hereafter furnished, imposed by law and not shown by
the public records.
(e) Rights of dower, homestead or other marital rights of the spouse, if any, of any individual insured,
(f) 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.
3, Special Exceptions:
(a) Taxes,
Subject to Taxes for the year 1990 and subsequent years, which
are not yet due and payable. Parcel No. 15/29/15/30798/000/0190
Gross Tax for the year 1989, $3,179.03.
2153 (Rev. 3/80)
Page 3
of 4
STE'\\YAU.T TITLE
GUARANTY COMPANY
I
I
CONTINUATION SHEET
SCHEDULE __
B
Order Number:
Commitment Number:
90080084
C-9912-629643
SCHEDULE B - PART I CONTINUED
6810, Page 271, both of the Public Records of PINELLAS County,
Florida.
Release of Collateral Assignment, to CITIZENS BANK OF
CLEARWATER, filed February 19, 1987 in O.R. Book 6430, Page
1752, Public Records of Pinellas County, Florida.
Warranty Deed to be executed from PAUL CHARLES BROWN and BETTY
JEAN BROWN, his wife to CITY OF CLEARWATER, a municipal
corporation .
Page ---4- of 4
STEWART TITLE
''0055
GUARANTY COMPANY
,-
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 I nsured 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 Insured shall disclose such
knowledge to the Company, or if the Company otherwise acquires actual
knowledge of any such defect, lien, encumbrance, adverse claim or other matter,
the Company at its option may amend Schedule B of this Commitment
accordingly, but such amendment shall not relieve the Company from liability
previously incurred pursuant to paragraph 3 of these Conditions and Stipulations.
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 inthe
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
GU ARANTY 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-
BE R which appears on the bottom of the front of the first page of this commitment.
COMMITMENT
FOR
TITLE INSURANCE
.-
"
Sane!':ly of Contract
-
Issued by
~
STEWART TITLE
GUARANTY COMPANY
ALTA Owner's Policy - FornI B - Amended 10-17,70
... ...... - -- - -+- - -
"
POLICY OF TITLE INSURANCE ISSUED BY
90080084
STEWART TITLE
GUARANTY COMPANY
SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS CONTAINED IN SCHEDULE BAND
THE PROVISIONS OF THE CONDITIONS AND STIPULATIONS HEREOF, STEWART TITLE GUARANTY COMPANY,
a corporation of Galveston, Texas, herein called the Company, insures, as of Date of Policy shown in Schedule A,
against loss or damage, not exceeding the amount of insurance stated in Schedule A, and costs, attorneys' fees
and expenses which the Company may sustained or incurred by the insured by
reason of:
1. Title to the estate or ihterest
2. Any defect in or lien or
3. Lack of a right of access to and frol11th~la~cj; or
4. Unmarketability of such title
IN WITNESS WHEREOF, Stewart Title Guaranty Company has
duly authorized officers as of Date of Policy shown in Schedule A.
than as stated therein;
policy to be signed and sealed by its
STEWART TITLE
~
I
~
~
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t
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t
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GUA.RA.lIfTY CO.PA.NY
W~-$~
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Chairman of the Board
Cou ntersigned by:
A&~d~
President
Company
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),:::/,::':I,:'::';::,,!',i:,.i"i,:!:;:-li'::::).F:::::::::',:::',i::,;',:'f(:.";;:::::'!'i:':i::,!:":-'.::'::!'.:
EXCLUSI~~.~!"'F~pM'g~)fERAG
City. State
Sanctity of Contract
The following matters are expressly excluded from the coverage of this polley:
1. Any law, ordinance or governmental regulation (including but not limited to building and zoning ordinances) restricting or regulating or
prohibiting the occupancy, use or enjoyment of the land, or regulating the character, dimensions or location of any improvement now or
hereafter erected on the land, or prohibiting ,a separation in ownership or a reduction in the dimensions or area of the land, or the effect
of any violation of any such law, ordinance or governmental regulation.
2. Rights of eminent domain or governmental rights of police power unless notice of the exercise of such rights appears in the public
records at Date of Policy,
3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed or agreed to by the insured claimant, (b) not
known to the Company and not shown by the public records but known to the insured claimant either at Date of Policy or at the date
such claimant acquired an estate or interest insured by this polley and not disclosed in writing by the insured claimant to the Company
prior to the date such Insured claimant became an insured hereunder; (c) resulting In no loss or damage to the insured claimant; (d)
attaching or created subsequent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained If the insured
claimant had paid value for the estate or interest insured by this policy,
~~~~~
Page 1 Of 0 9902
Polley . .
Senal No.
543728
- ~ ~ ~ ~ ~ ~ ~ ~
001B
CONDITIONS AND STIPULATIONS
1.
DEFINITION OF TERMS
The following terms when used in this policy mean:
(a) "insured": the insured named in Schedule A, and,
subject to any rights or defenses the Company may have
against the named insured, those who succeed to the
interest of such insured by operation of law as distinguished
from purchase including, but not limited to, heirs, dis-
tributees, devisees, survivors, personal representatives, next
of kin, or corporate or fiduciary successors,
(b) "insured claimant": an insured claiming loss or
damage hereunder.
(c) "knowledge": actual knowledge, not constructive
knowledge or notice which may be imputed to an insured
by reason of any public records,
(d) "land": the land described, specifically or by
reference in Schedule A, and improvements affixed thereto
wh ich by law constitu te real property; prov ided, however,
the term "land" does not include any property beyond the
lines of the -area specificallydescribedor,referredte--i~~
Schedule A, nor any right, title, interest, estate or easement
in abutting streets, roads, avenues, alleys, lanes, ways or
waterways, but nothing herein shall modify or limit the
extent to which a right of access to and from the land is
insured by this policy.
(e) "mortgage": mortgage, deed of trust, trust deed, or
other security instrument.
(f) "public records": those records which by law
impart constructive notice of matters relating to said land.
2.
CONTINUATION OF INSURANCE AFTER CON-
VEY ANCE OF TITLE
The coverage of this policy shall continue in force as of
Date of Policy in favor of an insu red so long as such insured
retains an estate or interest in the land, or holds an
indebtedness secured by a purchase money mortgage given
by a purchaser from such insu red, or so long as such insured
shall have liability by reason of covenants of warranty made
by such insured in any transfer or conveyance of such
estate or interest; provided, however, this policy shall not
continue in force in favor of any purchaser from such
insured of either said estate or interest or the indebtedness
secured by a purchase money mortgage given to such
insured.
3.
DEFENSE AND PROSECUTION OF ACTIONS-
NOTICE OF CLAIM TO BE GIVEN BY AN INSURED
CLAIMANT
(a) The Company, at its own cost and without undue
delay, shall provide for the defense of an insured in all
litigation consisting of actions or proceedings commenced
against such insured, or a defense interposed against an
insured in an action to enforce a contract for a sale of its
estate or interest in said land, to the extent that such
litigation is founded upon an alleged defect, lien,
encumbrance, or other matter insured against by this
policy.
or interest as insured, and which might cause loss or damage
for which the Company may be liable by virtue of this
policy or, (iii) if title to the estate or interest, as insured, is
rejected as, unmarketable. If such prompt notice shall not
be given to the Company, then as to such insured all
liability of the Company shall cease and terminate in regard
to the matter or matters for which such prompt notice is
required; provided, however, that failure to notify shall in
no case prejudice the rights of any such insured under this
policy unless the Company shall be prejudiced by such
failure and then only to the extent of such prejudice.
(c) The Company shall have the right at its own cost tc
institute and without undue delay prosecute any action 01
proceeding or to do any other act which in its opinion mav
be necessary or desirable to establish the title to the estate
or interest as insured, and the Company may take any
appropriate action under the terms of this policy, whether
or not it shall be liable thereunder, and shall not thereby
concede liability or waive any provision of this poli~y.
.-,(dl,-Whenev~---the-- Company shall havt! breught-~y-
action or interposed a defense as required or permitted by
the provisions of this policy, the Company may pursue any
such I itigation to final determination by a court of
competent jurisdiction and expressly reserves the right, in
its sole discretion, to appeal from any adverse judgment or
order.
(e) In all cases where this policy permits or requires
the Company to prosecute or provide for the defense of
any action or proceeding, the insured hereunder shall secure
to the Company the right to so prosecute or provide
defense in such action or proceeding, and all appeals
therein, and permit the Company to use, at its option, the
name of such insured for such purpose, Whenever requested
by the Company, such insured shall give the Company all
reasonable aid in any such action or proceeding, in effecting
settlement, securing evidence, obtaining witnesses, or pros-
ecuting or defending such action or proceeding, and the
Company shall reimburse such insured for any expense so
incurred.
4.
NOTICE OF LOSS - LIMITATION OF ACTION
In addition to the notices required under paragraph
3(b) of these Conditions and Stipulations, a statement in
writing of any loss or damage for which it is claimed the
- CorrWlanYis liaofe-UrWfen:h Isp61 ic'{snallbefu-rn ished-to-
the Company within 90 days after such loss or damage shall
have been determined and no right of action shall accrue to
an insured claimant until 30 days after such statement shall
have been furnished. Failure to furnish such statement of
loss or damage shall terminate any liability of the Company
under this policy as to such loss or damage.
5. OPTIONS TO PAY OR OTHERWISE
CLAIMS
SETTLE
The Company shall have the option to payor otherwise
settle for or in the name of an insu red claimant any claim
insured against or to terminate all liability and obligations
(b) The insured shall notify tbeGompany promptly in of the (:;()mpany hereunder by paying or tendering payment
writing (i) in case any action or proceeding is begun or of the-am'ount of insuranceurider'thispolicy together-with
defense is interposed as set forth in (a) above, (ii) in case any costs, attorneys' fees and expenses incurred up to the
knowledge shall come to an insured hereunder of any claim time of such payment or tender of payment, by the insured
~f title or interest W~~Ch ~s ~dversro the title to the esta_~e _ c1~il1la~t andauthorled.bY !,~~_~~pany.
(continued and concluded on last page of this policy)
~LTA OWNER'S POLICY-Amended 10/17/1
-,
I
SCHEDULE A
Order No,: 90080084
Policy No,: 0 - 9902 -543728
Date of Policy: S eptembe r 10, 1990
Amount of Insurance: $ 350, 000 . 00
1, Name of Insured CITY OF CLEARWATER, a municipal corporation
2. The estate or interest in the land described herein and which is ~overed by this policy is:
Fee Simple
3. The estate or interest referred to herein is at Date of Policy vested in:
CITY OF CLEARWATER, a municipal corporation
4. The land referred to in this policy is described as follows:
Lot 19, CLEARWATER HEIGHTS, according to the Plat thereof, as
recorded in Plat Book 4, Page 99 of the Public Records of
Hillsborough County, Florida of which Pinellas County was
formerly a part.
Page 2
STEWART TI"rLE
0012,70
GUARANTY COMPANY
ALTAOWNER'S'f'OLlCY ,
Order No.
90080084
I
I
-
SCHEDULE B
. 9902
Polley No.: 0~543728
This policy does not insure against loss or damage by reason of the following:
delete1. R
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.
deletei-.
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.
2113
Page 3
STEWART TITLE
GUARANTY COMPANY
J CONDITIONS AND STIPULATIONS Continu.
( tinued and concluded from reverse side of Polic'Face)
6. DETERMINATION AND PAYMENT OF LOSS
(a) The liability of the Company under this policy
shall in no case exceed the least of:
(i) the actual loss of the insured claimant; or
(ii) the amount of insurance stated in Schedule A.
(b) The Company will pay, in addition to any loss
insured against by this policy, all costs imposed upon an
insured in litigation carried on by the Company for such
insured, and all costs, attorneys' fees and expenses in
litigation carried on by such insured with the written
authorization of the Company.
(c) When liability has been definitely fixed in accord.
ance with the conditions of this policy, the loss or damage
shall be payable within 30 days thereafter.
7. LIMITATION OF LIABILITY
No claim shall arise or be maintainable under this
policy (a) if the Company, after having received notice of
an alleged defect, lien or encumbrance insured against
hereunder, by litigation or otherwise, removes such defect,
lien or encumbrance or establishes the title, as insured,
within a reasonable time after receipt of such notice; (b) in
the event of litigation until there has been a final
determination by a court of competent jurisdiction, and
disposition of all appeals therefrom, adverse to the title, as
insured, as provided in paragraph 3 hereof; or (c) for
liability voluntarily assumed by an insured in settling any
claim or su it without prior written consent of the Com,
pany,
8.
REDUCTION OF LIABILITY
All payments under this policy, except payments made
for costs, attorneys' fees and expenses, shall reduce the
amount of the insurance pro tanto. No payment shall be
made without producing this policy for endorsement of
such payment unless the policy be lost or destroyed, in
which case proof of such loss or destruction shall be
furnished to the satisfaction of the Company.
9. LIABILITY NONCUMULATIVE
It is expressly understood that the amount of insurance
under this policy shall be reduced by any amount the
Company may pay under any policy insuring either (a) a
mortgage shown or referred to in Schedule B hereof which
is a lien on the estate or interest covered by this policy, or
(b) a mortgage hereafter executed by an insured which is a
charge or lien on the estate or interest described or referred
to in Schedule A, and the amount so paid shall be deemed a
payment under this policy, The Company shall have the
option to apply to the payment of any such mortgages any
amount that otherwise would be payable hereunder to the
insured owner of the estate or interest covered by this
policy and the amount so paid shall be deemed a payment
under this policy to said insured owner.
10. APPORTIONMENT
If the land described in Schedule A consists of two or
more parcels which are not used as a single site, and a loss is
established affecting one or more of said parcels but not all,
the loss shall be computed and settled on a pro rata basis as
Valid Only If Schedules A and B are Attached.
-,
if the amount of insurance under this policy was divided
pro rata as to the value on Date of Policy of each separate
parcel to the whole, exclusive of any improvements made
subsequent to Date of Policy, unless a liability orvalue has
otherwise been agreed upon as to each such parcel by the
Company and the insured at the time of the issuance of this
policy and shown by an express statement herein or by an
endorsement attached hereto,
11. SUBROGATION UPON PAYMENT OR SETTLE-
MENT
Whenever the Company shall have settled a claim under
this policy, all right of subrogation shall vest in the
Company unaffected by any act of the insured claimant.
The Company shall be subrogated to and be entitled to all
rights and remedies which such insured claimant would
have had against any person or property in respect to such
claim had this policy not been issued, and if requested by
the Company, such insured claimant shall transfer to the
Company all rights and remedies against any person or
property necessary in order to perfect such right of
subrogation and shall permit the Company to use the name
of such insured claimant in any transaction or litigation
involving such rights or remedies. If the payment does not
cover the loss of such insured claimant, the Company shall
be subrogated to such rights and remedies in the proportion
which said payment bears to the amount of said loss. If loss
shou Id resu It from any act of such insu red claimant, such
act shall not void this policy, but the Company, in that
event, shall be required to pay only that part of any losses
insured against hereunder which shall exceed the amount, if
any, lost to the Company by reason of the impairment of
the right of subrogation.
12. LIABILITY LIMITED TO THIS POLICY
This instrument together with all endorsements and
other instruments, if any, attached hereto by the Company
is the entire policy and contract between the insured and
the Company,
Any claim of loss or damage, whether or not based on
negligence, and which arises out of the status of the title to
the estate or interest covered hereby or any action asserting
such claim, shall be restricted to the provisions and
conditions and stipulations of this policy.
No amendment of or endorsement to this policy can be
made except by writing endorsed hereon or attached hereto
signed by either the President, a Vice President, the
Secretary, an Assistant Secretary, or val idating officer or
authorized signatory of the Company.
13. NOTICES, WHERE SENT
All notices required to be given the Company and any
statement in writing required to be furnished the Company
shall be addressed to it at its main office, P. O. Box 2029,
Houston, Texas 77252.
14. The premium specified in Schedule A is the entire.
charge for acceptance of risk, It includes charges for
title search and examination if same is customary or
required to be shown in the state in which the policy is
issued.
STEWART TITLE
GUARANTY COMPANY
, I
,/.i~ __ _ __ ...... -+-
STEWART TITLE
GUARANTY COMPANY
ESTABLISHED 1896
INCORPORATED 1908
A NAME
RECOGNIZED NATIONALLY
FOR MORE THAN 75 YEARS
AS BEING
SYNONYMOUS WITH
SAFETY
t::/
,
SanctifY (~l Contract
STEWART TITLE
GUARANTY COMPANY
P. O. Box 2029
Houston, Texas 77252
17.
POLICY
OF
TITLE
INSURANCE
~
I
I
AGREEMENT FOR PURCHASE AND SALE OF REAL PROPERTY
1 [ q,''--
THIS AGREEMENT, made and entered into this =t day of ~~, 1990,
by and between PAUL CHARLES BROWN AND BETTY JEAN BROWN, hereinafter referred to as
"Seller," and the CITY OF CLEARWATER, FLORIDA, a municipal corporation, hereinafter
referred to as "Purchaser;"
WIT N E SSE T H :
That in consideration of the payments and covenants herein provided, and other
good and valuable considerations, Seller agrees to sell and Purchaser agrees to buy
the real property ("Property"), situate in Pinellas County, Florida, described as
follows, to wit:
Lot nineteen (19), Gibson's Clearwater Heights Subdivision, according
to map or plat thereof as recorded in Plat Book Four (4), page ninety-
nine (99), public records of Hil1sborough County, Florida of which
Pine1las County was formerly a part.
Subject to any easements and restrictions of record.
1. Purchase Price. The total purchase price of the Property shall be in the
sum of three hundred fifty thousand ($350,000) which is payable in full at closing,
subject to adjustments and prorations.
2. Closing Date. The closing shall be within thirty (30) days following the
date of the full execution of this Agreement, unless extended by other provisions of
thi s Agreement or by the mutual consent of the parti es.
3. Conveyance. Seller agrees to convey fee simple title to the Property to
Purchaser by statutory Warranty Deed, free and clear of all liens and encumbrances,
except those set forth in this Agreement, if any, and those otherwise accepted by
Purchaser. The Property shall be conveyed subject to applicable zoning requirements
of the City of Clearwater.
4. Title Insurance.
Purchaser agrees to purChase at its expense a title
insurance policy from a Florida licensed title insurer and to obtain with reasonable
diligence, but not less than twenty (20) days prior to closing, a commitment for
title insurance in the amount of the purchase price, which commitment shall show a
marketable, unencumbered, fee simple title to the Property in the Seller, subject
only to zoning, restrictions of record, taxes for 1990 and subsequent years, and
public utility easements; and to liens, encumbrances, exceptions or qualifications
set forth in this Agreement, and those which shall be discharged by Seller at or
before closing. The Purchaser shall have a reasonable time after the delivery of
said commitment for the examination" thereof and within said period but not less than
ten (10) days prior to closing shall notify the Seller in writing of any objections
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to said title. If such notification is not given within the time specified herein,
then the title shall be conclusively deemed to be acceptable to the Purchaser. In
the event that the title of the Seller is not good and marketable, the Seller shall
have a reasonable time thereafter, but not more than one hundred twenty (120) days
from receipt of notice from the Purchaser, to make a diligent effort to perfect the
title; and if the defects are not cured within such time, the Purchaser may either
cancel this Agreement or waive the defects and accept the Property without deduction
on account of said defects.
5. No Brokers. Each party affirmatively represents to the other party that no
brokers have been involved in this transaction and that no broker is entitled to
payment of a real estate commission because of this transaction.
6. Documents for Closing.
Seller shall furnish deed, mechanic's lien
affidavit, and any corrective instruments that may be required in connection with
perfecting title, together with the closing statement.
7. Survey. Purchaser may obtain at its expense a survey. If the survey shows
any encroachment on the Property or that improvements intended to be located on the
Property encroach upon setback 1 i nes, ea sements, 1 a nds of others, or vi 01 ate any
restrictions, covenants or applicable governmental regulations, the same shall be
treated as a title defect if brought to the attention of the Seller not less than
ten (10) days prior to closing.
8. Expenses. The Purchaser shall pay for the documentary stamps to be placed
on the Warranty Deed and the cost for recording same and shall pay the cost of
recordi ng any instruments that may be requi red in connecti on wi th perfecti ng the
title.
9. Lease of Property. The Purchaser agrees to lease said property to the
Seller for one dollar per year for a period of time not to extend beyond December
31, 1992, unl ess mutually extended by both parti es.
10. Removal of Items. At the conclusion of the lease period, the Seller may
remove, at his expense, from the property the following items: light fixtures, wood
trim from the art gallery, interior doors, appliances, counters, cabinets and air
conditioning units.
11. Radon Gas Notification.
As required by Section 404.056(8),
Florida Statutes, the Purchaser shall take notice of the following:
RADON GAS: Radon is a naturally occurring radioactive gas that, when
it has accumulated in a building in sufficient quantities, may present
health ri sks to persons \'Iho are exposed to it over time. Level s of
radon that exceed federal and state guidelines have been found in
buildings in Florida. Additional information regarding radon and
radon testi ng may be obtai ned from your County publ i c hea.1th uni t.
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12. Persons Bound; Agreement Not Assignable. This Agreement shall be binding
on the parties hereto and their respective personal representatives, heirs,
executors, administrators, and successors. Neither this Agreement nor any rights
hereunder shall be assignable. The City agrees not to lease said property to any
party other than Seller for the~r~_&:e~ operating a chiropractic office or art
gallery until December 31, 1995.p~ ~
13. Agreement Not Recordable. Neither thi s Agreement nor any noti ce thereof
shall be recorded in public records of Pinellas County, but this Agreement shall be
deemed a record available for public inspection in the offices of the Seller
pursuant to the Public Records Law of Florida.
IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day
and year first above written.
Countersigned:
fJpR~
Mayor-Comnissioner
CITY OF CLEARWATER, FLORIDA
By:
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Ron H. Rabun
Ci ty ~1anager
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Approved as to form
and correctness:
Attest:
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WITNESSES:
SELLER
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