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LOIS Y HAMLIN . . .. ,~RDIl' o t"? (~,O -- ~. LLf;;[3 ro oy.... WD-l 3 5/93 01 REC REC Ds4 !NT FEES MlF PIC REV TOTA .fl1 -' INST # 95-198757 AUG 11, 1995 4:25PM -J . This ')' arranty Deed Made this 11th day of August by Lois Y. Hamlin, a single woman A.D.19 95 PINELLAS COUNTY FLA. OFF.REC.BK 9075 PG 2224 hereinafter called the grantor, to City of Clearater, Florida, a Municipal Corporation of the State of Florida whose post office address is: P . 0 . Box 4748 Clearwater, Florida 34618 748 Grantees' SSN: hereinafter called the grantee: (Whenever used herein the term "grantor" and "grantee" include all the parties to this instrument and the heirs, legal representatives and assigns of individuals, and the successors and assigns of corporations) Witnesseth, that the grantor, for and in consideration of the sum of $ 10. 00 and other valuable considerations, receipt whereof is hereby acknowledged, hereby grants, bargains, sells, aliens, remises, releases, conveys and confirms unto the grantee, all that certain land situate in Pinellas County, Florida, viz: See Schedule A attached hereto and by this reference made a part hereof. SUBJECT TO covenants, the current year. 'f/3,Vo restrictions, easements of record and taxes for OOCU:iIc:tILal;; , ..:;" ..., $______~_,_.__ ~f'I~,::~:'I.~,jiU,'.:.; ! ,,' I<arleen F De Blaker, Clerk, Pinallas Couniv By _ ~O~_~u_____ Deputy CI9rk Parcel Identification Number: 15/29/15/03060/004/0010 Togetherwith all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. To Have and to Hold, the same in fee simple forever. And the grantor hereby covenants with said grantee that the grantor is lawfully seized of said land in fee simple; that the grantor has good right and lawful authority to sell and convey said land; that the grantor hereby fully warrants the title to said land and will defend the same against the lawful claims of all persons whomsoever; and that said land is free of all encumbrances except taxes accruing subsequent to December 31,19 94 In Witness Whereof, the said grantor has signed and sealed these presents the day and year first above written. Signed, sealed and deli red in 0 s Y. 3 Island Way #506 Clearwater, FL 34630 [1i] Name it Address: Name &. Address: [1i] 1M] Name: Name &. Address: State of County of Florida Pinellas The foregoing instrument was acknowledged before me this 11 th day of Augus t by Lois Y. Hamlin, a single woman , 19 95 who is personally known to me or who has produced driver's license as identification. PREPARE~: .Mlll;"A~idt RECORD. TURN T . Century Title and Abstract, Inc. 25 Belcher Road North Clearwater, Florida 34625 File No:31,487 "1-.. JOHN W. JOHNSON. JR. f ~ ~ 'A Notary Public, State .t FIorI". My Comm. Exj)ir. Ocl21. 1_ . No.CC14t2927 /2,r..'" q) ~'" , I . PINELLAS COUNTY FLA. OfF.REC.BK 9075 PG 2225 " Schedule A Part of Lot 1 described as follows: Beginning at the Quarter Section Corner Marker of Section 15, Township 29S, Range 15E of Pinellas County, Florida, run South along the Section line 62.8 feet, thence West from East at 900 angle, 25 feet to property line of Lot 1, Block D, BASSEDENA, Clearwater, Pinel1as County, Florida, Plat Book 6, page 26 of Public Records of Pinellas County, for P.O.B., thence South along East line of Lot 1, 59.6 feet, thence West along South line of Lot 1 at 890 angle 49.7 feet; thence Northwest along Southwest line of Lot 1 at 1210 angle 49.2 feet; thence Northeast along Northwest line of Lot 1 at 920 angle 57.0 feet to P.R.M., thence on a circle whose radius is 19 feet its arc being the NE P.O.B, all of Lots 2, 3, and 52 and Lot 51 less South 14.4 feet, Block D, BASSEDENA, as recorded in Plat Book 6, page 26, Public Records of Pinellas County, Florida. 6(;135 fOl r1Uh 08-11-1995 16: U1: 48 "_"'1'1' D'.t.;...U""'-H' '8M,'L' l"I\j L' (iil!:.;,"!'"'l"l'\,' .., " nl i l U"oJ '"' I CLEAR!~ArER Ct~~.~n,~\'U~I.,..~ 1 n _\./" 'i\J $10.5D DOC STAMP - DR219 j $i113. OU TO'!'tlL: CHEer-: MH. TEJJOEREO: CHANGE: $ii23. 50 $423.5:0 $.00 File No: 31,487 Policy Number SOC 218521 ...** * ~iC. . * ~ .. * *~* SUBJECT TO THE EXCLUSIONS FROM COVERAGE. THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B AND THE CONDITIONS AND STIPULATIONS, OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY, a Minnesota corporation, herein called the Company, insures, as of Date of Policy shown in Schedule A against loss or damage, not exceeding the Amount of Insurance stated in Schedule A sustained or incurred by the insured by reason of: 1. Title to the estate or interest described in Schedule A being vested other than as stated therein; 2. Any defect in or lien or encumbrance on the title; 3. Unmarketability of the title; 4. Lack of a right of access to and from the land. The Company will also pay the costs, attorneys' fees and expenses incurred in defense of the title, as insured, but only to the extent provided in the Conditions and Stipulations. IN WITNESS WHEREOF, the said Old Republic National Title Insurance Company has caused its corporate name and seal to be hereunder affixed by its duly authorized officers as of the date shown in Schedule A the policy to be valid when countersigned by an authorized officer or agent of the Company. INC OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY A Stock Company 400 Second Avenue South, Minneapolis, Minnesota 55401 (612) 371-1111 President By on. Johnson, President ORT 31 ALTAOwner'sPolicy10-17-92 with Florida modifications ~;:;,~\,:'::..i\'{i!iE~~:., dt/7/ i;',. ,-',' --,. ,//"J:k, ;:. '::;'70 1 .~;,;.,,:~>.,- Secretary ,.,J'i;' Attest EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which may arise by reason of: 1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect. lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect. lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof .has been recorded in the publ ic records at Date of Pol icy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects, liens, encumbrances, adverse claims or other matters: (al created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (cl resulting in no loss or damage to the insured claimant; (d) attaching or creating subsequent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the estate or interest insured by this policy. 4. Any claim, which arises out of the transaction vesting in the insured the estate or interest insured by this policy, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that is based on: (a) the transaction creating the estate or interest insured by this policy being deemed a fraudulent conveyance or fraudulent transfer, or (b) the transaction creating the estate or interest insured by this policy being deemed a preferential transfer except where the preferential transfer results from the failure: (i) to timely record the instrument of transfer; or (ii) of such recordation to impart notice to a purchaser for value or a judgment of lien creditor. 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 would have had against the named insured, those who succeed to the interest of the named insured by operation of law as distinguished from purchase including, but not limited to, heirs, distributees, devisees, survivors, personal represent,atives, next of kin, or corporate or fiduciary successors. (b) "insureq, claimant": an insured c1aimijg loss or damage. (cl, "knowledge" or "known": actual knoVJledge, not constructive knowledge or notice which may be- imputed to an insured -......... by reason of the public records as defined in this policy or any other records which impart constructive notice of matters affecting the land. (d) "land": the land described or referred to in Schedule A. and improvements affixed thereto which by law constitute real property. The term "land" does not include any property beyond the lines of the area described or referred to in Schedule A. nor any right, title, interest, estate or easement in abutting streets, roads, avenues, alleys, lanes, ways or waterways, but nothing herein shall modify or limit the extent to which a right of access to and from the land is insured by this policy. (e) "mortgage": mortgage, deed of trust, trust deed, or other security instrument. (f) "public records": records established under state statutes at Date of Policy for the purpose of imparting constructive notice of matters relating to real property to purchasers for value and without knowledge. With respect to Section 1 (a)(iv) of the Exclusions from Coverage, "public records" shall also include environmental protection liens filed in the records of the clerk of the United States District Court for the district in which the land is located. (gl "unmarketability of the title": an alleged or apparent matter affecting the title to the land, not excluded or excepted from coverage, which would entitle a purchaser of the estate or interest describ_edLn ~chedule A to be relea~edfrolll the obligation to _ purchase by virtue of a contractual condition requiring the denvery.of marketable title. 2. Continuation of Insurance After Conveyance of Title. The coverage of this policy shall continue in force as of Date of Policy in favor of an insured only so long as the insured retains an estate or interest in the land, or holds an indebtedness secured by a purchase money mortgage given by a purchaser from the insured, or only so long as the insured shall have liability by reason of covenants of warranty made by the insured in any transfer or conveyance of the estate or interest. This policy shall not continue in force in favor of any purchaser from the insured of either (i) an estate or interest in the land, or (ii) an indebtedness secured by a purchase money mortgage given to the insured. 3. Notice of Claim to be Given by Insured Claimant. The insured shall notify the Company promptly in writing (i) in case of any litigation as set forth in Section 4(a) below, (ii) in case knowledge shall come to an insured hereunder of any claim of title or interest which is adverse to the title to the estate or interest. as insured, and which might cause loss or damage for which the Company may be liable by virtue of this policy, or (iii) if title to the estate or interest, as insured, is rejected as unmarketable. If prompt notice shall not be given to the Company, then as to the insured all liability of the Company shall terminate with regard to the matter or matters for which prompt notice is required; provided, however, that failure to notify the Company shall in no case prejudice the rights of any insured under this policy unless the Company shall be prejudiced by the failure and then only to the extent of the prejudice. 4. Defense and Prosecution of Actions; Duty of Insured Claimant to Cooperate. (a) Upon written request by the insured and subject to the options contained in Section 6 of these Conditions and Stipulations, the Company, at its own cost and without unreasonable delay, shall provide for the defense of an insured in litigation in which any third party asserts a claim adverse to the title or interest as irlsured, but only as to those stated causes of action alleging a defect, lien or encumbrance or other matter insured against by this poliH. The Company shall have the ril~t to select counsel of its, choice (subject to the right of the insured '0 object for reasonable cause) to represent the insured as to-those stated causes of action and shall ~ I I <' !' Schedule A File Number 31,487 Policy Number SDC 218521 Amount $ 59,000.00 1. Policy Date August 11, 1995 @ 04: 25: 00 PM OR 2. The Insured hereunder, in whom title to the fee simple estate is vested at the date hereof, is: City of Clearwater, Florida, a Municipal Corporation of the State of Florida 3. The land referred to in this policy is situated in the County of pinellas State of Florida, and is described as follows: Part of Lot 1 described as follows: Beginning at the Quarter Section Corner Marker of Section 15, Township 29S, Range 15E of Pinellas County, Florida, run South along the Section line 62.8 feet, thence West from East at 900 angle, 25 feet to property line of Lot 1, Block D, BASSEDENA, Clearwater, Pinellas County, Florida, Plat Book 6, page 26 of Public Records of Pinellas County, for P.O.B., thence South along East line of Lot 1, 59.6 feet, thence West along South line of Lot 1 at 890 angle 49.7 feet; thence Northwest along Southwest line of Lot 1 at 1210 angle 49.2 feet; thence Northeast along Northwest line of Lot 1 at 920 angle 57.0 feet to P.R.M., thence on a circle whose radius is 19 feet its arc being the NE P.O.B, all of Lots 2, 3, and 52 and Lot 51 less South 14.4 feet, Block D, BASSEDENA, as recorded in Plat Book 6, page 26, Public Records of pinellas County, Florida. ORT Owners Form 3504 This policy valid only if Schedule B is attached I I Schedule B File Number 31,487 Policy Number SDC 218521 This policy does not insure against loss or damage by reason of the following: 1. Facts which would be disclosed by an accurate and comprehensive survey of the premises herein described. 2. Mechanic's, Contractors' or Materialmen's liens and lien claims, if any, where no notice thereof appears of record. 3. Rights and claims of parties in possession. 4. Easements or claims of easements not shown by the public records. 5. General or special taxes and/or assessments required to be paid in the year 1995 and subsequent years. Taxes for the year 1995 are not yet due and payable. NOTE: Items 1, 2, and 3 are hereby deleted. aRT OWNERS FORM 3505 '-. ...~'.,.. --.- '. . ~- ;""'" ,-....,;.../ . not ~e'liable'for and will not pay the fees of ~y other counsel. The . Company wil~ not pay any fees, costs or expenses incurred by the insured in the defense of those causes of action which allege matters not insured against by this policy. (b) The Company shall have the right, at its own cost, to institute and prosecute any action or proceeding or to do any other act which in its opinion may be necessary or desirable to establish the title to the estate or interest, as insured, or to prevent or reduce loss or damage to the insured. The Company may take any appropriate action under the terms of this policy, whether or not it shall be liable hereunder, and shall not thereby concede liability or waive any provision of this policy. If the Company shall exercise its rights under this paragraph, it shall do so diligently. (c) Whenever the Company shall have brought an action or interposed a defense as required or permitted by the provisions of this policy, the Company may pursue any litigation to final determination by a court of competent jurisdiction and expressly reserves the right, in its sole discretion, to appeal from any adverse judgment or order. (d) In all cases where this policy permits or requires the Company to prosecute or provide for the defense of any action or proceeding, the insured shall secure to the Company the right to so prosecute or provide defense in the action or proceeding, and all appeals therein, and permit the Company to use, at its option, the name of the insured for this purpose. Whenever requested by the Company, the insured, at the Company's expense, shall give the Company all reasonable aid (il in any action or proceeding, securing evidence, obtaining witnesses, prosecuting or defending the action or proceeding, or effecting settlement, and (ii) in any other lawful act which in the opinion of the Company may be necessary or desirable to establish the title to the estate or interest as insured. If the Company is prejudiced by the failure of the insured to furnish the required cooperation, the Company's obligations to the insured under the policy shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation, with regard to the matter or matters requiring such cooperation. 5. Proof of Loss or Damage. In addition to and after the notices required under Section 3 of these Conditions and Stipulations have been provided the Company, a proof of loss or damage signed and sworn to by the insured claimant shall be furnished to the Company within 90 days after the insured claimant shall ascertain the facts giving rise to the loss or damage. The proof of loss or damage shall describe the defect in, or lien or encumbrance on the title, or other matter insured against by this policy which constitutes the basis of loss or damage and shall state, to the extent possible, the basis of calculating the amount of the loss or damage. If the Company is prejudiced by the failure of the insured claimant to provide the required proof of loss or damage, the Company's obligations to the insured under the policy shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation, with regard to the matter or matters requiring such proof of loss or damage. In addition, the insured claimant may reasonably be required to submit to examination under oath by any authorized representative of the Company and shall produce for examination, inspection and copying, at such reasonable times and places as may be designated by any authorized representative of the Company, all records, books, ledgers, checks, correspondence and memoranda, whether bearing a date before or after Date of Policy, which reasonably pertain to the loss or damage. Further, if requested by any authorized representative of the Company, the insured claimant shall grant its permission, in writing, for any authorized representative of the Company to examine, inspect and copy all records, books, ledgers, checks, correspondence ~ . . ,. . and memoranda in the culody or control of a third party, which reasonably pertain to the foss or damage. All informatio/l designated as confidential by the insured claimant provided to,the Company pursuant to this Section shall not be disclosed t6 others unless, in the reasonable judgment of the Company, it is necessary in the administration of the claim. Failure of the insured claimant to submit for examination under oath, produce other reasonably requested information or grant permission to secure reasonably necessary information from third parties as required in this paragraph shall terminate any liability of the Company under this policy as to that claim. 6. Options to Pavor Otherwise Settle Claims; Termination of Liability In case of a claim under this policy, the Company shall have the following additional options: (a) To Payor Tender Payment of the Amount of Insurance. To payor tender payment of the amount of insurance under this policy together with any costs, attorneys' fees and expenses incurred by the insured claimant, which were authorized by the Company, up to the time of payment or tender of payment and which the Company is obligated to pay. Upon the exercise by the Company of this option, all liability and obligations to the insured under this policy, other than to make the payment required, shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation, and the policy shall be surrendered to the Company for cancellation. (b) To Payor Otherwise Settle With Parties Other than the Insured or With the Insured Claimant Ii) to payor otherwise settle with other parties for or in the name of an insured claimant any claim insured against under this policy, together with any costs, attorneys' fees and expenses incurred by the insured claimant which were authorized by the Company up to the time of payment and which the Company is obligated to pay; or (ii) to payor otherwise settle with the insured claimant the loss or damage provided for under this policy, together with any costs, attorneys' fees and expenses incurred by the insured claimant which were authorized by the Company up to the time of payment and which the Company is obligated to pay. Upon the exercise by the Company of either of the options provided for in paragraphs Ib)(i) or (ii), the Company's obligations to the insured under this policy for the claimed loss or damage, other than the payments required to be made, shall terminate, including any liability or obligation to defend, prosecute or continue any litigation. 7. Determination, Extent of Liability This policy is a contract of indemnity against actual monetary loss or damage sustained or incurred by the insured claimant who has suffered loss or damage by reason of matters insured against by this policy and only to the extent herein described. (al The liability of the Company under this policy shall not exceed the least of: Ii) the Amount of Insurance stated in Schedule A, or, (ii) the difference between the value of the insured estate or interest as insured and the value of the insured estate or interest subject to the defect, lien or encumbrance insured against by this policy. (b) The company will pay only those costs, attorneys' fees and expenses incurred in accordance with Section 4 of the Conditions and Stipulations. 8. Apportionment If the land described in Schedule A consists of two or more parcels which are not used as a single site, and a loss is established affecting one or more of the parcels but not all, the loss shall be computed' and settled on a pro rata basis al if the amount of insurance under this policy was divided pro rata as to the value on Date of Policy ~oh~"l!;h separate parcel to the whole, exclusive of any improvements made subsequent to Date of Policy, unless a liability or value has otherwise been agreed upon as to each parcel by the Company and the insured at the time of the issuance of this policy and shown by an express statement or by an endorsement attached to this policy. 9. Limitation ofLiability (a) If the Company establishes the title, or removes the alleged defect, lien or encumbrance, or cures the lack of a right of access to or from the land, or cures the claim of unmarketability of title, all as insured, in a reasonably diligent manner by any method, including litigation and the completion of any appeals therefrom, it shall have fully performed its obligations with respect to that matter and shall not be liable for any loss or damage caused thereby. (b) In the event of any litigation, including litigation by the Company or with the Company's consent, the Company shall have no liability for loss or damage until there has been a final determination by a court of competent jurisdiction, and disposition of all appeals therefrom, adverse to the title as insured. (c) The Company shall not be liable for loss or damage to any insured for liability voluntarily assumed by the insured in settling any claim or suit without the prior written consent of the Company. 10. Reduction of Insurance; Reduction or Termination of Liability All payments under this policy, except payments made for costs, attorneys' fees and expenses, shall reduce the amount of the insurance pro tanto. 11. Liability Non-cumulative. It is expressly understood that the amount of insurance under this policy shall be reduced by any amount the Company may pay under any policy insuring a mortgage to which exception is taken in Schedule B or to which the insured has agreed, assumed, or taken subject, or which is hereafter executed by an insured and which is a charge or lien on the estate or interest described or referred to in Schedule A, and the amount so paid shall be deemed a payment under this policy to the insured owner. 12. Payment of Loss. (a) No payment shall be made without producing this policy for endorsement of the payment unless the policy has been lost or destroyed, in which case proof of loss or destruction shall be furnished to the satisfaction of the Company. (b) When liability and the extent of loss or damage has been definitely fixed in accordance with these Conditions and Stipulations, the loss or damage shall be payable within 30 days thereafter. 13. Subrogation .Upon Payment or Settlement. (a) The Company's Right of Subrogation. Whenever the Company shall have settled and paid a claim under this 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 the insured claimant would have had against any person or property in respect to the claim had this policy not been issued. If requested by the Company, the insured claimant shall transfer to the Company all rights and remedies against any person or property necessary in order to perfect this right of subrogation. The insured claimant shall permit the Company to sue, compromise or settle in the name of the insured claimant and to use the name of the insured claimant in any transaction or litigation involving these rights or remedies. - If a payment on afount of a claim does not fully cover the loss of the insured claimant, the Company shall be subrogated.toJhese rights and remedies in the proportion which the Company's payment bears to the whole amount of the loss. If loss should result from any act of the insured claimant, as stated above, that act shall not void this policy, but the Company, in that event, shall be required to pay only that part of any losses insured against by the policy which shall exceed the amount, if any, lost to the Company by reason of the impairment by the insured claimant of the Company's right of subrogation. (b) The Company's Rights AQainst Non-Insured ObliQors. The Company's right of subrogation against non-insured obligors shall exist and shall include, without limitation, the rights of the insured to indemnities, guaranties, other policies of insurance or bonds, notwithstanding any terms or conditions contained in those instruments which provide for subrogation rights by reason of this policy. 14. Arbitration. Unless prohibited by applicable law, arbitration pursuant to the Title Insurance Arbitration Rules of the American Arbitration Association may be demanded if agreed to by both the Company and the insured. Arbitrable matters may include, but are not limited to, any controversy or claim between the Company and the insured arising out of or relating to this policy, any service of the Company in connection with its issuance or the breach of a policy provision or other obligation. Arbitration pursuant to this policy and under the Rules in effect on the date the demand for arbitration is made or, at the option of the insured, the Rules in effectat Date of Policy shall be binding upon the parties. The award may include attorneys' fees only if the laws of the state in which the land is located permit a court to award attorneys' fees to a prevailing party. Judgment upon the award rendered by the Arbitrator(sl may be entered in any court having jurisdiction thereof. The law of the situs of the land shall apply to an arbitration under the Title Insurance Arbitration Rules. A copy of the Rules may be obtained from the Company upon request. 15. Liabililty Limited to this Policy; Policy Entire Contract. (a) This policy together with all endorsements, if any, attached hereto by the Company is the entire policy and contract between the insured and the Company. In interpreting any provision of this policy, this policy shall be construed as a whole. (b) Any claim of loss or damage, whether or not based on negligence, and which arises out of the status of the title to the estate or interest covered hereby or by any action asserting such claim, shall be restricted to this policy. (c) No amendment of or endorsement to this policy can be made except by a writing endorsed hereon or attached hereto signed by either the President, a Vice President, the Secretary, an Assistant Secretary, or validating officer or authorized signatory of the Company. 16. Severability In the event any provision of the policy is held invalid or unenforceable under applicable law, the policy shall be deemed not to include that provision and all other provisions shall remain in full force and effect. 77. Notices, Where Sent. All notices required to be given the Company and any statement in writing required to be furnished the Company shall include the number of this policy and shall be addressed to the Company at its home office, 400 Second Avenue South, Minneapolis, Minnesota 55401, (612) 371-1111. f"" _ I I SURVEY NOTES 1. No bearings or angles shown on plat. Bearin9s shown are based on an assumed bearing of S 00000'00" E along the west right of way line of Missouri Avenue. 2. This boundary survey was performed on the ground on July 21. 1995. 3. Underground uti I ities were not located. No uti I ity easements are shown on the underlying plat or in the title commitment. 4. The description shown hereon is taken from Old Republ ic National Title Insurance Company Commitment No. CA 205135 with an effective date of July 6, 1995. 5. This surveyor any part thereof shal I not be reproduced without the written consent of Post. Buckley. Schuh & Jernigan. 6. Reproductions of this survey are not val id unless embossed with the undersigned surveyor's seal. CERTIFIED TO: City of Clearwater. Florida. a Municipal Corporation of the State of Florida Lois Y. Haml in. a single woman Old Republic National Title Insurance Company Century Title & Abstract, Inc. LEGAL DESCRIPTION: Part of Lot 1 described as fol lows: Beginning at the Quarter Section Corner Marker of Section 15, Township 29S, Range 15E of Pinel las County. Florida. run South along the Section line 62.8 feet. thence West from East at 900 angle, 25 feet to property I ine of Lot 1. Block D. BASSEDENA, Clearwater, Pinel las County, Florida. Plat Book 6, page 26 of Publ ic Records of Pinel las County, for P.O.B.. thence South along East I ine of Lot 1, 59.6 feet. thence West along South I ine of Lot 1 at 890 angle 49.7 feet, thence Northwest along Southwest I ine of Lot 1 at 1210 angle 49.2 feet, thence Northeast along Northwest I ine of Lot 1 at 920 angle 57.0 feet to P.R.M.. thence on a circle whose radius is 19 feet its arc being the NE P.O.B., al I of Lots 2. 3. and 52 and Lot 51 less South 14.4 feet. Block D. BASSEDENA, as recorded in Plat Book 6. page 26. Publ ic Records of Pinel las County. Florida. LEGEND FIR FCM FIP ( M) (P l ( Cl ( D) CH CB FOUND IRON ROD FOUND CONCRETE MONUMENT FOUND IRON PIPE MEASURED PLAT CALCULATED DEED CHORD DISTANCE CHORD BEARING PB PG SIRC POB POC TWP. RNG. R/W CBS PLAT BOOK PAGE SET IRON ROD & CAP LB 24 POINT OF BEGINNING POINT OF COMMENCEMENT TOWNSHIP RANGE RIGHT-OF-WAY CONCRETE BLOCK STRUCTURE BOUNDARY SURVEY JOB No: 60-905.11 DATE 07-28-95 Field Rev: Book 811 Scale: I' = 40' Rev: Dr-awn By: PJM Checked By: oes ~ ENGINEERS,PLANNERS 8. SURVEYORS D 5300 WEST CYPRESS STREET. SUITE 300 TAMPA. FLORIDA 33607 POST BUCKLEY SCHUH' JERNIGAN INC. (813)-877-7275 Sheet I of 2 I-AUG-1995 10:59 /ls64u3/survey /gecclwtr / drewmlss.dgn I I o 20 40 80 I I I I GRAPH I C SCALE SCALE: 111 = LJO' DREW 5T (83' R/W PLAT) 6 L R CH = CB = ~-----------------------~ " = 101046'03"(RT) = 33.75'(C) = 1 9. 00' ( C &0 ) 29.48'(Cl 5 58034'05" " " " " " " " " " " " s'\ . ~~\J ~<V'v ~'v~ 'v~) ? '\ I~? ~~ty:.6 ~ ~'\ ~8 ~O ..... , ...... /,,-0. " " " " " " " ,\.~'l ~() t>.COro' " " a. I \.~ ()CO '\~. ... " " ') ( L"~~? "IC{~ " " \'" FIR """"",~ 2937 EVANS FCM \ 4" X 4" \ \ \C C '0.- 0.-, \~ ~, , 2' X .7' CBS WALL 52 N 88031' 10" W ~K 97.84'(M) 'It ~ 5/ I ---------------------~ 18'.. 1 IA'..... %) 50 .1 I<"\) 1 ~_____ I -------------------1 1 1 1..0 ' /,,-rw"l _0 '~) r -,.. I I F IP %11 6 %11 1- - - - - - - 1 I 1 1 P.O:B. I I 1 5' CONCRETE SIDEWALK . ..... l.L. 'q" 1..0 V w => z w > <I: . ..... -I 0:1 ::J 01 VII VII -I ~I 1 1 I I 1 I I I ...... I 0.1 .....1 Wi >1 <1:1 1 x, 5' 0:1 I I . l1'l 1..0 v I HEREBY CERTIFY THAT to tm be$ or my kf"ONledgc and belIef lfi~ Boundary Survr:y Is 0 ccrrfJd reprfJS(J(tat!()fI of a survr:y os IWformod under my dlrfJd supcrylsl()fl alld Ilr1t sold survey was performod In occordanct wIlli t~Mlnlff'Vl1l Ttcf'lllcol Standards of cto{:l(Jl' 6IGIl-6. FI(Y'lda Adr;iristrallrc- Codlto purSlJari to SfJdl()fl 4l21J27. FlorIda Statutes. .- BOUNDARY SURVEY JOB No: 60-905.11 DATE 07-28-95 Field Rev: Book 811 Scale: I' = 40' Rev: Drown By: PJM Checked By: oes POST. UCKLEY. SCHUff. &t7!tl . NNY-" L. POLK Profess iono Itor,dSurveyor # 3317 State of F lor Ida ~ ENGINEERS,PLANNERS & SURVEYORS D 5300 WEST CYPRESS STREET. SUITE 300 TAMPA, FLORIDA 33607 POST BUCKLEY SCHUH & JERNICAN INC. (813)-877-7275 Sheet 2 of 2 I-AUG-1995 11:00 /ls64u3/ survey / gecclwtr / drewmlss.dgn A. . U.S. DEPARTMENT OF HOUSING ANDIJRBAN DEVELOPMENT SETTLEMENT STATilENT Century Title and Abstract, Inc. 325 Belcher Road North Clearwater, Florida 34625 B. TYPE OF LOAN 1. 0 FHA - 2. 0 FMHA 3. D CONV. UNINS. 4. 0 VA 5. 0 CONV. INS. B. FILE NUMBER: 31 487 8. MORTGAGE INS. CASE NO.: 7. LOAN NUMBER: C. NOTE: This form is furnished to give you a statement of actual settlement costs. Amounts paid to and by the settlement agent are shown. Items marked "(p.o.c.)" were paid outside the closing; they are shown here for informational purposes and are not included in the totals. E. NAME OF SELLER: ADDRESS OF SELLER: Lois Y. Hamlin, a single woman G. PROPERTY LOCATION: 303. CASH (IXI FROM) (D TO) BORROWER: ~ 3. CASH (IX) TO) (0 FROM) SELLER: ~ 36,277.00 Form No.: PTS.HUDl HUD.I (3-") RESPA, HB 4305.2 OMB No 2502-0265 PAGEl L SETTLEMENT 700. TOTAL SALES/BROKER'S COMMISSION: CHARGES @ 10 %= 5,900.00 PAID FROM BORROWER'S FUNDS AT . SE.TT.LEMEN.T.. 1400. TOTAL SE.TTLEMENT CHARGES (Enter on line 103, Section J - and -line 502, Section K) I have C8refuny reviewed the HUD-t Settlement ~ment and to tile belli 01 my Imowledlle and beller, It I. a true and RCU by me In tIlle Iraneactlon. I further certify tIllll I have receIVed a copy 01 HUD-t BetlIement ~ment. Borrowers Sellers account 01 tIlla lraneactlon. I have cauncI or will _ee tile fund. to be dleburead In accordance with thl. I118tement. Slittlement Agent Date File No. August 11, 1995 31,487 W~RNING: It Ie. TItle ,. u.s. Code B Illy ke faleelll8tementa ItIle United Btat.. on tIlle or any other elmllar form. Penaltlee upotonvlctlon can Include a fine or Imprleonment. For detail. eee: Ion 1010. Form No.: PTS-HUD2 '";;'::l'~.- ,.' ~ I I CONTRACT FOR PURCHASE OF REAL PROPERTY BY THE CITY OF CLEARWATER, FLORIDA PARTIES: LOIS Y. HAMLIN, a widow, (herein "Seller"), of 31 Island Way, Apt. 506, Clearwater Beach, Fl. 34630-2206, Phone: (813) 446-8773, and the CITY OF CLEARWATER, FLORIDA, a Municipal Corporation of the State of Florida (herein "Buyer" or "City") of P. O. Box 4748, Clearwater, Florida 34618-4748, ATTENTION: Earl Barrett, Real Estate Services Manager, Phone: (813) 436- 6042 (collectively "Parties") hereby agree that the Seller shall sell and Buyer shall buy the following real property ("Real Property") and personal property ("Personalty") (collectively "Property") upon the following terms and conditions. THE "EFFECTIVE DATE" OF THIS CONTRACT IS THE DATE OF EXECUTION BY DULY AUTHORIZED CITY OFFICIALS. TIME IS OF THE ESSENCE IN THIS CONTRACT. Time periods of 5 days or less shall be computed without including Saturday, Sunday, or national legal holidays and any time period ending on a Saturday, Sunday or national legal holiday shall be extended until 5:00 P.M. of the next business day. 1. PROPERTY DESCRIPTION '\ LEGAL DESCRIPTION: BASSEDENA SUBDIVISION, Block D, Lots 1, 2, 3 and 52 and the North 10.6 feet of Lot 51, together with all improvements thereon, as recorded in Plat Book 6, Page 26, in the Public Records of Pinellas County, Florida. STREET ADDRESS (City/Zip/State): 120 North Missouri Avenue, Clearwater, Fl. 34615 PERSONALTY: NONE (vacant lots) 2. FULL PURCHASE PRICE ............................................. $ 59,000.00 3. MANNER OF PAYMENT: City of Clearwater check in U.S. funds at time of closing ................................... $ 59,000.00 4. DETERMINATION OF PURCHASE PRICE The Full Purchase Price as shown herein has been reached through negotiations with the Seller by [X] City staff with [X] Broker acting as Agent of the [ ] City [X] Seller. The purchase Price is based on: The current assessed value of the real property as determined by the office of the Pinellas County Property Appraiser ($50,000.00), multiplied by 118% to provide the current Market Value as determined by mass appraisal techniques utilized by the Pinellas County Property Appraiser, and equates to $4.23 per square foot for the 13,965 square foot parcel. 5. TIME FOR ACCEPTANCE: APPROVALS Following execution of this contract by Buyer, the price, terms and conditions as contained herein shall remain unchanged and be held unconditionally open for a period of 45 days following delivery in duplicate original to the Real Estate Services Manager of the City of Clearwater, 10 South Missouri Avenue, suite 400, Clearwater, Florida 34616 for acceptance or rejection by action of the Clearwater City Commission ("Commission"). If this agreement is accepted by the Commission, it will be executed by duly authorized City officials and delivered to Buyer within 10 days thereafter. If this contract is rejected by the Commission upon initial presentation to the Commission, this contract shall be null and void in all respects and Buyer shall be so informed in writing within 5 days of such action. 6. TITLE Seller warrants legal capacity to and shall convey marketable title to the Property by Statutory Warranty, Trustee's, Personal Representative's or Guardian's Deed, as appropriate to the status of Seller, subject only to matters contained in Paragraph 7 acceptable to Buyer. Otherwise title shall be free of liens, easements and encumbrances of record or known to Seller, but subject to property taxes for the year of closing; covenants, restrictions and public utility easements of record; and (other matters which title will be subject) NO OTHER; provided there exists at closing no violation of the foregoing and none of them prevents Buyer's intended use of the Property as public right-of-way. Seller warrants and represents that there is ingress and egress to the Real Property sufficient for the intended use as public right-of-way purposes described herein. Personalty shall, at Buyer request, be transferred by an absolute bill of sale with warranty of title, subject only to such matters as may be otherwise provided herein. . Page 1 of 5 rJ), \k I ~\{ " I I 7. TITLE EVIDENCE Seller shall, at Seller expense and within 10 days prior to closing date deliver to Buyer a title insurance commitment issued by a Florida licensed title insurer agreeing to liens, encumbrances, exceptions or qualifications set forth in this Contract, and those which shall be discharged by Seller at or before closing. Seller shall convey a marketable title subject only to liens, encumbrances, exceptions or qualifications set forth in this Contract. Marketable title shall be determined according to applicable Title Standards adopted by The Florida Bar and in accordance with law. Buyer shall have 5 days from receiving evidence of title to examine it. If title is found defective, Buyer shall, within 3 days thereafter, notify Seller in writing specifying defect(s). If the defect(s) render title unmarketable, Seller will have 120 days from receipt of notice within which to remove the defect(s), failing which Buyer shall have the option of either accepting the title as it then is or withdrawing from this Contract. Seller will, if title is found unmarketable, make diligent effort. to correct defect (s) in title within the time provided therefor, including the bringing of necessary suits. 8. SURVEY Buyer, at Buyer's expense, within time allowed to deliver evidence of title and to examine same, may have Real Property surveyed and certified to the Buyer, Seller and closing agent by a registered Florida land surveyor. If survey shows any encroachment on Real Property, or that improvements located on Real Property encroach on setback lines, easements, lands of others, or violate any restrictions, contract covenants or applicable governmental regulation, the same shall constitute. a title defect. The survey shall be performed to minimum technical standards of Chapter 61G17-6, Florida Administrative Code and may include a description of the property under the Florida Coordinate System as defined in Chapter 117, Florida Statutes. 9. WOOD DESTROYING ORGANISM INSPECTION "Wood destrovinq orqanism" means arthropod or plant life which may damaqe the wood in a structure, as defined in F.S. 482.021(26). Buyer may, at Buyer's expense, have the Property inspected by a Florida-licensed pest control business to determine the presence in the improvements of past or present infestation and damage caused by infestation. Seller shall have 5 days after receipt of Buyer's written report to obtain repair estimates from a licensed building or general contractor, and treatment estimate from a licensed pest control business. Seller shall treat and repair the Property if the cost to do so does not exceed 3% of the purchase price ("Treatment/Repair Limit"). If the cost of treatment and repair exceeds the Treatment/Repair Limit, either party may elect to pay the excess, in which event the Buyer shall receive a credit at closing equal to 3% of the purchase price, failing which, either party may terminate this contract. If there is no evidence of live infestation and the Property is covered by a full treatment warranty, Seller shall transfer the warranty to Buyer at closing and shall not be obligated to treat the Property. 10. CLOSING PLACE AND DATE [X] Seller [ ] Buyer shall designate closing agent and this transaction shall be closed in the offices of the designated closing agent in pinellas County, Florida, on or before sixty (60) days following the effective date unless extended by other provisions of this contract. If either party is unable to comply with any provision of this contract within the time allowed, and be prepared to close as set forth above, after making all reasonable and diligent efforts to comply, then upon giving written notice to the other party, time of closing may be extended up. to thirty (30) additional days without effect upon any other term, covenant or condition contained in this contract. 11. CLOSING DOCUMENTS Seller shall furnish deed, bill of sale (if applicable), mechanic I s lien affidavit, assignments of leases, tenant and mortgage estoppel letters, and corrective instruments. If Seller is a corporation, Seller shall deliver a resolution of its Board of Directors authorizing the sale and delivery of the deed and certification by the corporate Secretary certifying the resolution and setting forth facts showing the conveyance conforms with the requirements of local law. Buyer shall furnish closing statement. 12. CLOSING EXPENSES Documentary stamps on the deed, unless this transaction is exempt under Chapter 201.24, Florida Statutes, shall be paid by the Seller. Seller shall also pay the costs of recording any corrective instruments. Recordation of the deed shall be paid by Buyer. 13. PRORATIONS: CREDITS CITY AGREES TO PAY AD VALOREM TAXES DUE FOR 1995 THROUGH DAY BEFORE CLOSING, AND AGREES TO FORGIVE ALL INTEREST DUE SINCE NOVEMBER 4, 1994 ON THOSE CERTAIN CITY DEMOLITION LIENS IDENTIFIED IN THE OFFICE OF THE CITY CLERK AS ACCOUNTS NUMBERED A94-0038, 0039 & 0040. All other taxes, assessments, rent (if any) and other revenue of the Property shall be prorated through the day before closing. Closing agent shall collect all ad valorem taxes uncollected but due through day prior to closing and deliver same to the Pinellas County Tax Collector with notification to thereafter exempt the Property from taxation as provided in Chapter 196.012(6), Florida Statutes. If the amount of taxes and assessments for the current year cannot be ascertained, rates for the previous year shall be used with due allowance being made for improvements and exemptions. Any deposits held by Seller in trust for third parties in occupancy of the Property shall be credited to Buyer at time of closing. Assessments for any improvements that are substantially complete at time of closing shall be paid in full by Seller. Page 2 of 5 i~\\ ( ,', I I 14. OCCUPANCY Seller warrants that there are no parties in occupancy other than the Seller, or as otherwise disclosed herein. If Property is intended to be rented or occupied beyond closing, the fact and terms thereof shall be stated herein, and the tenant(s) or occupants disclosed pursuant to Paragraph 15. Seller agrees to deliver occupancy of the Property at time of closing unless otherwise stated herein. If occupancy is to be delivered before closing, Buyer assumes all risk of loss to Property from date of occupancy, shall be responsible and liable for maintenance from that date, and shall be deemed to have accepted Property in its existing conditions as of the time of taking occupancy unless otherwise stated herein or in separate writing. 15. LEASES Seller shall, not less than 15 days before closing, furnish to Buyer copies of all written leases and estoppel letters from each tenant specifying the nature and duration of the tenant's occupancy, rental rates, advanced rent and security deposits paid by tenant. If Seller is unable to obtain such letter from each tenant, the same information shall be furnished by Seller to Buyer within that time period in .the form of a Seller's affidavit, and Buyer may thereafter contact tenants to confirm such information. Seller shall, at closing, deliver and assign all original leases to Buyer and credit Buyer with all advanced rents and security deposits paid by or on behalf of each tenant. 16. PROPERTY CONDITION Seller shall deliver the Pioperty to Buyer at time of closing in its present "as is" condition, ordinary wear and tear excepted, and shall maintain the landscaping and grounds in a comparable condition. Seller makes no warranties other than as disclosed herein in paragraph 22 ("SELLER WARRANTIES") and marketability of title. Buyer's covenant to purchase the Property "as is" is more specifically represented in either subparagraph a. or b. as marked [X]. a. [ ] As Is: Buyer has inspected the Property or waives any right to inspect and accepts the Property in its present "as is" condition. b. [X] As Is With Right of Inspection: Buyer may, at Buyer expense and within forty-five (45) days from Effective Date ("Inspection Period"), conduct inspections, tests, environmental and any other investigations of the Property Buyer deems necessary to determine suitability for Buyer's intended use. Seller shall grant reasonable access to the Property to Buyer, its agents, contractors and assigns for the purposes of conducting the inspections provided, however, that all such persons enter the Property and conduct the inspections and investigations at their own risk. Seller will, upon reasonable notice, provide utilities services as may be required for Buyer's inspections and investigations. Buyer shall not engage in any activity that could result in a mechanics lien being filed against the Property without Seller's prior written consent. Buyer may terminate this contract by written notice to Seller prior to expiration of the Inspection Period if the inspections and/or investigations reveal conditions which are reasonably unsatisfactory to Buyer, unless Seller elects to repair or otherwise remedy such conditions to Buyer satisfaction; or Buyer, at its opti~n, may elect to accept a credit at closing of the total estimated repair costs as determined by a licensed general contractor of Buyer's selection and expense. If this transaction does not close, Buyer agrees, at Buyer expense, to repair all damages to the Property resulting from the inspections and investigations and return the Property to its present condition. 17. WALK-THROUGH INSPECTION At a time mutually agreeable between the parties, but not later than the day prior to closing, Buyer may conduct a final "walk-through" inspection of the Property to determine compliance with any Buyer obligations under Paragraphs 9 and 16 and to insure that all Property is in and on the premises. No new issues may be raised as a result of the walk- through. 18. SELLER HELD HARMLESS Buyer is self insured, and subject to the limits and restrictions of the Florida sovereign immunity statute, F.S. 758.28, agrees to indemnify and hold harmless the Seller from claims of injury to persons or property during the inspections and investigations described in Paragraph 16(b) resulting from Buyer's own negligence only, or that of its employees or agents only, subject to the limits and restrictions of the sovereign immunity statute. 19. RISK OF LOSS If the Property is damaged by fire or other casualty before closing and cost of restoration does not exceed 3% of the assessed valuation of the Property so damaged, cost of restoration shall be an obligation of the Seller and closing shall proceed pursuant to the terms of this contract with restoration costs escrowed at closing. If the cost of restoration exceeds 3% of the assessed valuation of the improvements so damaged, Buyer shall have the option of either taking the Property "as is", together with either the 3% or any insurance proceeds payable by virtue of such loss or damage, or of canceling this contract. Page 3 of 5 ~~I J I I 20. PROCEEDS OF SALE: CLOSING PROCEDURE The deed shall be recorded upon clearance of funds. Proceeds of sale shall be held in escrow by Seller's attorney or by such other mutually acceptable escrow agent for a period of not longer than 5 days from and after closing, during which time evidence of title shall be continued at Buyer's expense to show title in Buyer, without any encumbrances or change which would render Seller's title unmarketable from the date of the last title evidence. If Seller's title is rendered unmarketable through no fault of the Buyer, Buyer shall, within the 5 day period, notify the Seller in writing of the defect and Seller shall have 30 days from the date of receipt of such notification to cure the defect. If Seller fails to timely cure the defect, all funds paid by or on behalf of the Buyer shall, upon written demand made by Buyer and within 5 days after demand, be returned to Buyer and simultaneously with such repayment, Buyer shall return Personalty and vacate Real Property and reconvey it to Seller by special warranty deed. If Buyer fails to make timely demand for refund, Buyer shall take title "as is", waiving all rights against Seller as to any intervening defect except as may be available to Buyer by virtue of warranties contained in the deed. The escrow and closing procedure required by this provision may be waived if title agent insures adverse matters pursuant to Section 627.7841, F.S. (1987), as amended. 21. DEFAULT If this transaction is not closed due to any default or failure on the part of the Seller, other than to make the title marketable after diligent effort, Buyer may seek specific performance or unilaterly cancel this agreement upon giving written notice to Seller. If this transaction is not closed due to any default or failure on the part of the Buyer, Seller may seek specific performance. If a Broker is owed a brokerage fee regarding this transaction, the defaulting party shall be liable for such fee. 22. SELLER WARRANTIES Seller warrants that there are no facts known to Seller that would materially effect the value of the Property, or which would be detrimental to the Property, or which would effect Buyer's desire to purchase the property except as follows: (Specifv known defects. If none are known, write "NONE") Buyer shall have the number of days granted in Paragraph 14(b) above ("Inspection Period") to investigate said matters as disclosed by the Seller, and shall notify Seller in writing whether Buyer will close on this contract notwithstanding said matters, or whether Buyer shall elect to cancel this contract. If Buyer fails to so notify Seller within said time period, Buyer shall be deemed to have waived any objection to the disclosed matters and shall have the obligation to close on the contract. 23. RADON GAS NOTIFICATION In accordance with provisions of Section 404.056 (8), Florida Statutes (1989), as amended, Buyer is hereby informed as follows: RADON GAS: Radon is a naturally occurring radioactive gas that, when it has accumulated in a building in sufficient quantities, may present health risks to persons who are exposed to it over time. Levels of radon that exceed federal and state guidelines have been found in buildings in Florida. Additional information regarding radon and radon testing may be obtained from your county public health unit. 24. CONTRACT NOT RECORDABLE: PERSONS BOUND Neither this contract nor any notice of it shall be recorded in any public records. This contract shall bind and inure to the benefit of the parties and their successors in interest. Whenever the context permits, singular shall include plural and one gender shall include all. 25. NOTICE All notices provided for herein shall be deemed to have been duly given if and when deposited in the United States Mail, properly stamped and addressed to the respective party to be notified, including the parties to this contact, the parties attorneys, escrow agent, inspectors, contractors and all others who will in any way act at the behest of the parties to satisfy all terms and conditions of this contract. 26. ASSIGNABILITY: PERSONS BOUND This contract "Broker" (if any) and their heirs, permitted) . [X] is not assignable [ ] is assignable. The terms "Buyer", "Seller", and may be singular or plural. This Contract is binding upon Buyer, Seller, personal representatives, successors and assigns (if assignment is 27. ATTORNEY FEES: COSTS In any litigation arising out of this contract, the prevailing party shall be entitled to recover reasonable attorney's fees and costs. 28. TYPEWRITTEN OR HANDWRITTEN PROVISIONS Typewritten or handwritten provisions shall control all printed provisions of contract in conflict with them. Page 4 of 5 .~~ . " . . l ,.; I I 29. BROKERAGE FEE Seller and Buyer represent and agree that Seller is represented by Harris & Company, Realtors, and said broker shall be paid by the Seller. The parties covenant with each other that they have dealt with no other Broker or finder in connection with the transactions contemplated hereby. Seller and Buyer further agree to indemnify the other from any damage, liability or expense either may suffer as a result of any claim of a Broker or finder with whom it is determined that the other party has dealt with in contravention of this agreement; except, however, that total City obligations under this provision shall be subject to the limits and restrictions of the Florida sovereign immunity statute, F.S. 768.28. 30. EFFECT OF PARTIAL INVALIDITY The invalidity of any provision of this contract will not and shall not be deemed to effect the validity of any other provision. In the event that any provision of this contract is held to be invalid, the parties agree that the remaining provisions shall be deemed to be in full force and effect as if they had been executed by both parties subsequent to the expungement of the invalid provision. 31. GOVERNING LAW It is agreed by and between the parties hereto that this contract shall be governed by, construed, and enforced in accordance with the laws of the State of Florida. 32. COUNTERPARTS: FACSIMILE COPY This contract may be executed in two or more counterparts, each of which shall be deemed an original and all of which together shall constitute one instrument. A facsimile copy of this contract, including any addendum, attachments and any written modifications hereof, and any initials or signature thereon shall be deemed an original. 33. SPECIAL CLAUSES [Xl Not applicable, OR [ 1 An Addendum containing special clauses that constitute agreements and covenants between the parties is attached to and a part of this contract. When any special clause in the Addendum is in conflict with any provision contained elsewhere in this contract, then the special clause shall govern. 34. EXHIBITS ATTACHED Exhibit "A" (Locator Map) is attached hereto and made a part of this contract. 35. ENTIRE AGREEMENT upon execution by Seller and Buyer, this contract shall constitute the entire agreement between the parties, shall supersede any and all prior and contemporaneous written and oral promises, representations or conditions in respect thereto. All prior negotiations, agreements, memoranda and writings shall be merged herein. Any changes to be made in this agreement shall only be valid when expressed in writing, acknowledged by the parties and incorporated herein or attached hereto. THIS IS INTENDED TO BE A LEGALLY BINDING CONTRACT. IF NOT FULLY UNDERSTOOD, SEEK THE ADVICE OF AN APPROPRIATE PROFESSIONAL FOR LEGAL, TAX, ENVIRONMENTAL AND OTHER SPECIALIZED ADVICE PRIOR TO SIGNING. Date: 11/ (/ q{'" Se ~tj-v- or Tax 1.0. [ 1 REJECTED this day of taken by the Clearwater City Commission: DJkt---f , 1995. V, 1995. - FINAL approval and acceptance or other action 9Q APPROVED AND ACCEPTED this ~y of CITY OF CLEARWATER, FLORIDA By' EliZabet!f:/'i,/:}te::ty Manager and ATTES'i': City Attorney ~ . 2 E. Goudeau, HamlinCT.ewb 5 of 5 ~l , ,. , . \ -I".. . -~ ~" "" I 'I LOCATOR MAP BASSADENA SUBDIVISION, Block D, Lots 1, 2, 3 and 52, and the North 10.6 Feet of Lot 51 J d It) -DREW STREET ~ ... ~~ ,...,... ,... ,... ~~ - ,... ,... ~ ... Cry ~ I.l) Ii) 14 13 12 :: C>) ~ - 10 g ~ ~ ~ 37 3ll :Jll <0 ~ ,... ,... <::>.....<0 <::> q, CQ q, 0) - "'" """'" ""'"" "'" ............ ""'" S1REET ~ ~ ... ,... C>) <>:> ,... ... ~ ... 0) ... - ~ ,... -41 ~2 ~J H ~ -Ijl ~7 -Ijl -4e 00 51 0 5 6 7 8 9 12 10 3 2 1 Z I i C) C>) ::: ~ l? ~ C) ~ .... It) I'- CLEVELAND STREET S.R. 60 <0 84 : J ....~~..::...;u.......~. \Vl'''00l''':'I''~''hJ,;t..,.4 _.,.~,.