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PAUL CHARLES AND BETTY JEAN BROWN ~, I :,'~,I?{': ~):; INT FI_!:E;'~~ tdD' n J~-L I I ~_' ~~~T:-' ;I_.r.. ~, \..--t? ~~; c,'~L;/ jl7r,' _ ",' \_,<J .I 90080084 ~ ~:~~~~~:~N~~V~~ F:.t~:~:i; !i~r1~_~;~~~.~~~~<?~~~;r~~__.. this U4rranty ))ttd M(l(/~, ,/IV 7th tlelY uf **~( DFF: C 1(;1.., ---I-I) Q !';:_Z?~?3 \::~ [: C 0 h II ~3~( :J(;: k F:a ef (~i E ~:? :3 './ () 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^ '1 J,II' '1'\' ;1~ Iflt 7~ ,U/I,t.. 1(4[.1'7/U[., 121'" )1' ):1;'''/':''0 /, )lA, , *:~ U F FIe I (~l., f~ FeCi F: It:3 :{( * * ,___XlQCit Z:}[5__ F:' f:' U C 23?:I "* .w./ ~ ~'"'D f J ,. U'"'O ~'se L i "to'!' ' !'~ ' 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) " . ...i-,~, ' (h<1"t...",.....w, ,c" ( U "1 / 1~(,: u(n.~1'kJ '1//<:7/ t:Jt:J /1'1 ~ ". . Jt)/ c., ... eN,1 (....,:~ p I I 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: '--UA!( - ~(\~~/~ ~> ~ A .~ ~ · ,.,.;Cyntl1la. ~~~ , C ~ "Cl - '- ......:' ~-" 1 ty e,!':k.-:-,.,.:.:- WITNESSES: SELLER ~jj~JA 1LdLL/ Paul Charles Brown ~'/~ ~/ ~~ ' ~~n ~ ,PREPARED FOR: BARN Etr Bt:>..t-J "< I SEe. )5 _ TWP. 2.9S RGE. IS ~ - CLE.VELAND - STR.EE:-T () \.{\ o ~ -l I I I ~ OR'G ........1.. 1...,.,- ........e:- r-----i-- L ~~ lZo ~~ '21 F~ I ~~ tr w Ck" t1 0. 4B' a.oc,. Ti E.- D. IB/WA'-L- TiE:... (AD>.) cJ ~ ~ TIE..., .. 0,04- ,0.. , - ~ 00 ~ \,"\~ :tt 1,7' &. {/ 9 uJ I.l. o (\0/ ...l. 4f \ 'J, I'- '<;j N o ()\ o F::J ~. 1/0 .0 , ,,"\ .Jf o t\l , U 2.'5 uJ a 2 , 0,09 <f TIE.. X W .J <t ~ 0 -.9 0 l,.D,.....<.. Q,70',WALI.. TiE.. (ADJ.) ....., 0, :? 6'-0<:, , 1'110. ?~.9S o ~TA.1 RS o I ' ,"', ) I - "," ~ ~ 10,0 D':"'i..~";';'I' f- 5 C\... \,0 o ~ o , \~ \ I 0,70 2..0, I ~ , tl'-' r;f) ",J "" , I>' W 21.0 tD ...~'.-'1 m .q. .,r '- \.. .I~.)..e-Y "-' I . CA."" pc>~T <J\ ;; o~ C]\ ...... Zo.' So ADJ. 1 ~TY. ce$ , ADJ, ) 0.5 WALL ToE. (ADJ. ( ~o (po.o pLAT 59.56 MELD __ ADJ. 8.4-'~"'-,,",ALL ~ , x..'V I ~. ,/ ~ ,...., I I _" \-/ 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 .. . : I I ~' 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 ,lIlll"~~E/"G'''''*-... l\\\\ -<.\........~.f~, ~~..' ... ....~\. (~~:'..<.o."POIi,,), \::n ...:.... -*-~: ti ....~ :nSi a"'.. 1908 ...<::i~ " .;,.... . *. ...-;'1' ""~}~~ W~/$'~ ~~~~ 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 ~ ~ ~ t ~ t t t GUA.RA.lIfTY CO.PA.NY W~-$~ ~~ '-ht~ Chairman of the Board Cou ntersigned by: A&~d~ President Company :;'::':ii'::':;';:i!,;i,;.,;::, , / ',' /, :, ~ i " ',' !, i,i,',:, ., ! :,.,:, i, ; :"",' :::' / , i,: ',' ',: : : , i"" ,: i : I :'::! f;:':: ' , : ' : ; '- :;:-:: , :: ( : ,J,';:;!:i!':::: "-I,,:::,:;,::,' :,. '>:',::':'!::",::': ),:::/,::':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 ~t// ~-- - &/.i'-?M'-uP'X9 '0 ' ,tP: '/--<fr. n;;-e, 7:.t.t' (/' /;"',trU' ---' /cJ. -01 $-, {.>1 "'..... ..... ! J <J!. J I ,- 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. , 4_ . I ( " 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: ~ 7/. tlL- Ron H. Rabun Ci ty ~1anager ,- Approved as to form and correctness: Attest: '. - /' ~- -'- .;.- CLr~jE~~:f~~ , --,_~~_~~__C~-er~ WITNESSES: SELLER J~ L/~JJj Idti / I~ ~:,../ ~~~~~ B Brown