PHILIP AND JUDITH LAROSE
1
This wdrranty D~ed
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Made this 1 9 t h day of
by
PHILIP A. LAROSE.
LAROSE. rJl!'; wlte
JR. and JUDITH M.
INST # ~4-2()6369
JLY 19, 1~4 5:53PM
A.D. 1994
PINELLAS COUNTY FLA.
OFF.REC.BK 8730 PG 905
hereinafter called the grantor, to
CITY OF CLEARWATER. FLORIDA. a Florida
Municlpal Corporation
whose post office address is:
P.O. Box 4748
Clearwater, FL 34618-4748
hereinafter called the grantee:
(Whenever used herein the tenn '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
PI NELLAS County, Florida, viz:
LO'l' 2. PARKWOOD FIFTH ADDITION. ACCORDING TO 'rHE MAP OR PLAT
THEREOF AS RECORDED IN PLAT BOOK 64. PAGE 81. PUBLIC RECORDS OF
PINELLAS COUN'l'Y. InORIDA.
17:08:03
$10.50
$647.50
------
TOTAl: $658.00
CHECK AIfT. TENDERED: $658.00
CHANGE: ..00
Parcel Identiticatlon Number: 15/29/15/66855/000/0020
Together with 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 93
In Witness Whereof, the said grantor has signed and sealed these presents the day and year first above
I RECORD!, (
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written.
gned, sealed and delivered in our presence:
Name:
~
K"ame: EARL BARRETT
Name:
State of
County of
FLORIDA
PINELLAS
The foregoing instrument was acknowledged before me this
by
lC025350 CDS 07-19-1994
01 DED-lAROSE JR
RE~DIHG
DOC ST~ - DR219
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'.m'kAAfI/!f~~
113 Kendale Drive
Safety Harbor, Fr. ~4f)qJ:) lliJ
Name & Address:
..
L 'fffiCd,,)tl. ~/.? .
Name & Jess:' D I 'fH M. R
113 Kendale Drive
Safety Harbor, ..' FL 34695
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Name & Address:
.J'1th.
day of
.Ju J v
94
, 19
PHILIP A. LAROSE. JR. and JUDITH M. LAROSE. his wite
who is personally known to me or who has produced
Florida Drivers Licenses
as identification.
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COAS'l'AL BONDED 'rI'l'LE CO. OF' CLEA W ~ rry,..../~!! {/ -(./\) A./
501 S. FT. HARRISON SUI'rE 203 taryPuic J .'
CLEARWA'PER. P'L :)4616 My Commission Expires:
:F'ile No:94-1'f034
WD-l
5/93
l VNN HOFFSlETTER
No~ry Public. State of !NIOrid~C06345'~
V. (' '"'''1 1:'::1. D'JC 17, 1994 o. .,
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PARKWOOD FIFTH ADDITION
CLEARWATER, P'"ELLAS COUNTY, FLORIDA
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Coastal Bonded Title Co.
of Clearwater
August 17, 1994
CITY OF CLEARWATER
P.O. BOX 4748
CLEARWATER, PL 34618-4748
Re: CBTC File No 94-17034
Dear SIRS:
In connection with the above referenced transaction, we enclose the
following:
Original Recorded Deed
Owners Policy No.SDC 209081
in the amount of $92,500.00
In the event of Resale or Refinance of this property, please contact
COASTAL BONDED TITLE CO. OF CLEARWATER for the issuance of the necessary
policy.
It has been our pleasure to be of service to you.
hesitate to contact our office should you require further
ED TITLE CO. OF CLEARWATER
TITLE INSURANCE - REAL ESTA TE CLOSINGS 2.. - 0 /7;'--1 {)
501 S. FT. HARRISON, "203/CLEARWATER. FLORIDA 34616ITEL~813) 442-9671 .
Policy Number soe 209081
..**
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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 inor 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.
Issued through the Office of:
OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY
A Stock Company
400 Second Avenue South, Minneapolis, Minnesota 55401
(612)371,1111""
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_;W. .,,,';' ,
'::'~:;:,,;::;i:;',.,i~
President
By
DRT Fonn 331 AL T A Owner's Pol icy 1 0,17,93
with Florida modifications
Attest
;, ,,; 1,..' ,:,
';J',,",""i,:::'/
.Oa
,ii,;'."," Secretary
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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,
exceptto the extent that a notice of the exercise thereof or a notice
of a defect, lien or encumbrance resulting from a violation or alleged
violation affecting the land has been recorded in the public records at
Date of Policy.
2. Rights of eminent domain unless notice of the exercise thereof
has been recorded in the public records at Date of Policy, but not
excluding from coverage any taking which has occurred prior to Date
of Policy which would be binding on the rights of a purchaser for
value without knowledge.
3. Defects, liens, encumbrances, adverse claims or other matters:
(a) created, suffered, assumed or agreed to by the insured
claimant;
(b) not known to the Company, not recorded in the public
records at Date of Policy, but known to the insured claimant and not
disclosed in writing to the Company by the insured claimant prior to
the date the insured claimant became an insured under this policy;
(c) resulting in no loss or damage to the insured claimant;
(d) attaching or 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
,. 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
representatives, next of kin, or corporate or fiduciary successors.
(b). "insured claimant": an insured claimin9w...IIOSS or damage.
(c), "knowledge" or "known": actual knowlfge, not, T
constructive knowledge or nctfce whieh may be imputed to an insured-
lJ.:....
~- ~.. ~ ~_.---
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.
(g) "unmarketability of the title": an alleged or apparent matter
affecting the title to the land, not excluded or excepted from
coverage, which would entitle a purchaser of the estate or interest
described in Schedule A to be released from the obligation to
purchase by virtue of a contractual condition requiring the delivery of
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 policy. The
Company shall have the righi to sele"t counse..1 of its choice (subject
to the right of the insured tcfobject .. reasor}able cause) to
represent the insured as to fflOse stated causes of action and shall
File Number
94-17034
Policy Number
SDC 209081
Amount $
92,500.00
1. Policy Date Jul y 19, 1994
at 05: 53 PM
. * *
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* *
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2. The Insured hereunder, in whom title to the fee simple estate is vested at the date hereof, is:
CITY OF CLEARWATER, FLORIDA, a Florida
Municipal Corporation
PINELLAS
3. The land referred to in this policy is situated in the County of
State of Florida, and is described as follows:
LOT 2, PARKWOOD FIFTH ADDITION, ACCORDING TO THE MAP OR PLAT
THEREOF AS RECORDED IN PLAT BOOK 64, PAGE 87, PUBLIC RECORDS OF
PINELLAS COUNTY, FLORIDA.
ORT OWNERS FORM 3504
This policy valid only if Schedule B is attached.
File Number 94-17034 Policy Number SDC 209081
ITEMS 2 and 3 ARE HEREBY DELETED
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 1994
and subsequent years.
6. 25 FT. DRAINAGE/UTILITY Easement over the REAR lot line as filed in
Plat Book 64, Page 87, Public Records of PINELLAS County, Florida.
7. EASEMENT RESERVED TO FLORIDA POWER CORPORATION AS FILED IN OR
BOOK 3258, PAGE 290, PINELLAS COUNTY RECORDS.
8. SUBJECT TO RESERVATION FOR DRAINAGE EASEMENT AS FILED IN OR
BOOK 3110, PAGE 464 AND PAGE 467, PINELLAS COUNTY RECORDS.
(NORTHERLY 20 FEET)
9. SURVEY PREPARED BY AlLIED SURVEYING IN::., dated 7/1/94 reveals a 4 ft. chain
link fence encroaChing over easement on North lot line and a pool deck into
easernen t.
ORT OWNERS FORM 3505
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'. not be' liable for and will not ~ay the fees of ani other cou~sel. The'
Company will not pay any fees, costs or expenses incurred by the
insured in the defense of those causes of action which allege matters
not insured against by this policy.
(b) The Company shall have the right, at its own cost, to
institute and 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 (i) 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 custty or c~n"trol' of a"'third party, which
reasonably pertain to the loss or damage. All information designated
as confidential by the insured claimant provided to the Company
pursuant to this Section shall not be disclosed to others unless, in
the reasonable judgment of the Company, it is necessary in the
administration of the claim. Failure of the insured claimant to submit
for examination under oath, 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 Payor Otherwise Settle Claims, Termination of
Liability.
In case of a claim under this policy, the Company shall have the
following additional options:
(a) To Payor Tender Payment of the Amount of Insurance.
To payor tender payment of the amount of insurance under this
policy together with any costs, attorneys' fees and expenses incurred
by the insured claimant, which were authorized by the Company, up to
the time of payment or tender of payment and which the Company is
obligated to pay.
Upon the exercise by the Company of this option, all liability and
obligations to the insured under this policy, other than to make the
payment required, shall terminate, including any liability or obligation
to defend, prosecute, or continue any litigation, and the policy shall
be surrendered to the Company for cancellation.
(b) To Payor Otherwise Settle With Parties Other than the
Insured or With the Insured Claimant.
(i) to payor otherwise settle with other parties for or in
the name of an insured claimant any claim insured against under this
policy, together with any costs, attorneys' fees and expenses incurred
by the insured claimant which were authorized by the Company up to
the time of payment and which the Company is obligated to pay; or
(ii) to payor otherwise settle with the insured claimant
the loss or damage provided for under this pol icy, 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 (b)(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
(a) The liability of the Company under this policy shall not
exceed the least of
(i) the Amount of Insurance stated in Schedule A, or,
(ii) the difference between the value of the insured estate
or interest as insured and the value of the insured estate or interest
subject to the defect, lien or encumbrance insured against by this
policy.
(b) The company wi II 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 o!: a 'protata basil as if the amount of
insurance under this policy was divided Jlo rata as to the value on
Date of Policy of each separate parcel to the whole, exclusive of any
improvements made subsequent to Date of Policy, unless a liability or
value has otherwise been agreed upon as to each parcel by the
Company and the insured at the time of the issuance of this policy
and shown by an express statement or by an endorsement attached
to this policy.
9. Limitation of Liability.
(a) If the Company establishes the title, or removes the alleged
defect, I ien 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.
". 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.
(al 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 PaymentorSettlement.
(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.
'C' , '" -.t
. ' If a payment on~ccount of a clai~ does not fully cover th~ loss
of the insured claimant, the Company shall be subrogated to these
rights and remedies in the proportion which the Company's payment
bears to the whole amount of the loss.
If loss should result from any act of the insured claimant, as
stated above, that act shall not void this policy, but the Company, in
that event, shall be required 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 Against Non-Insured Obligors.
The Company's right of subrogation against non-insured obligors
shall exist and shall include, without limitation, the rights of the insured
to indemnities, 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
effect at Date of Policy shall be binding upon the parties. The
award may include attorneys' fees only if the laws of the state in
which the land is located permit a court to award attorneys' fees
to a prevailing party. Judgment upon the award rendered by the
Arbitrator(s) 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.
17. Notices, Where Sent.
All notices required to be given the Company and any statement in
writing required to be furnished the Company shall include the number of
this policy and shall be addressed to the Company at its home office,
400 Second Avenue South, Minneapolis, Minnesota 55401 , (612) 371-1111.
1
I
CITY OF CLEARWATER
Interdepartmental Correspondence Sheet
FROM: Miles A. Lance, Assistant City Attorney ~
Cynthia E. Goudeau, City Clerk
TO:
RE:
City's Purchase of 1368 Jeffords (LaRose)
DATE:
July 26, 1994
This property purchase was completed on July 19, 1994, and enclosed are the
following documents:
Contract for Purchase and Sale
Closing Statement
Title Commitment # CA 161379 issued by
Old Republic National Title Insurance Company
Copy of the Statutory Warranty Deed
Copy of Survey
I will forward the original warranty deed and title policy when I receive them.
MAL:ln
Enclosures
Copy to:
Margie Simmons, Acting Finance Director w/copy of settlement statement
CO!llIlACI I 011 ~M.E AIm I'lJIICII^:iE
PARTIES: Philip A. LaRose, Jr., and J,j.ith M. LaRose. his ~if~ ,-- tJ
01 113 Kendale Dr. , Safety Harbor, Fl. 34695-4715 (Phone 726-0933
ane! City of Clearwater Florida. a Florida Municipal Corporati~ ("~"i
01 P.' O. Box 4748. Clearwater. Florida 34618-4748 (Phone 462-6042 )
hereby agree Ihal Ihe Seller shl'lI sell and Buyer shl'lI buy lhe following renl properly l"Tlenl rroMlli"1 and perr-onal properly ("Personally") (collecllvoly "Properly") upon Ihe followl,>;
le,",'s and condillons, which INCLUDE Ihe Slandards for Real Eslale Transacllons ("Standard{sl"! printed on Iho roverse or DlIached and Bny Riders and Addenda 10 Ihls Inslrumen:
I. DESCRIPTION: . . ,
(alLegaldesc!!p-lion of Real Properly localedln . Pinellas' Counly,Florlda: Lot 2, PARKWOOD SUBDIVISION
51th ADDITION, according to the map or plat thereof as recorded in Plat Book 64, Page 87, Public
Records of Pinellas County, Florida, together with all improvements thereon.and therein.
(b) St I dd '1 I " Ih P I I .1368 Jeffords Street, Clearwater, Fl. 34616
ree a ress. c. y, Z 1', 0 e roper y s:
(c) Personally: All appliances, carpeting, fixtures and attachments other than tenant owned.
ALL APPLIANCES, HEATING & COOLING'SYSTEMS, PLUMBING & ELECTRICAL SYSTEMS, DOORS, WINDOWS & THEIR
RESPECTIVE HARDWARE TO BE IN PROPER WORKING ORDER BY BUYER INSPECTION PRIOR TO CLOSING.
1~fSOO.OO
...
l"p_ell'!('\
. II. PURCHASE PRICE. ..,................,..,.......,......,... .:................,...........,............,.,..,....., .,....,..,..............,......, ...;..... .': $
PAYMENT:
(a) Deposll(s)10 be held In escrow by N / A . In the amount of .. $
(b) Addilional escrow deposll withIn N / A. days aller ElIecllve Dale rnlhe amounl of ....J...........'..........................:........ $
(c) Subject 10 AND assumpllon 01 mOrlga;",ln good standing In 'avor?f _...-,. N A
,.- having an approximale prese.,' pr~'lCjpal balance 01 ,. $ N / A
N/A N/A
((de)l Purchase money morlgage and nole bearing annual Inlerest at N / A % (see Addend.um) in amount 01 .................................. $ N / A
Olher: $
rJ.. SOO' 00
(I) Balance 10 close (U,S. cash, LOCALLY DRAWN cerlilied or cashier's checkl. sublecllo adiuslmenls and prorallons ........................... $ - f
111. . TIME FOR ACCEPTANCpiFFA.CTbVfuD;UE; .FACSIMILE: II Ihls offer is not execuled by and de.livered to all parties OR FACT OF EXECUTION eommunicated In wriling
between Ihe parlles on or before R D E D M . , Ihe deposil(s) will. at Buyer's 01'1 ion. ba returned 10 Buyer arid Ihls offer wilhdrawn; A facsimile copy of Ihis
Conlracl lor Sale and Purchase ("Conlracl") and any signa lures hereon Shllll be conslde'ed lor all purposes as originals, The date 01 ConlrDcl ("Effecllvo Dale") will be Ihe dale when
the last one 01 the Buyer and Seller has signed Ihls oller.
INANCING: 'tHIS P ARAGR1\PH IS VOID AND OF NO EFFECT.
(a) II the .. ~~e or any ..Ellrl 01 II Is 10 be flnnnced by a Ihird-Pllrly lonn. this Contracl Is condilioned on Ihe Buyer oblainlng a wrlllen COlTllTlilment for (CHECK (11
or (2) or (3)): ( 1) U an adluslable or (3) 0 II fixed or adjuslable rale loan wilhin_ dllYS aller Effective Dale at an Inltiallnleresl rale not 10 exceed_ 'I..
lerm 01 years and lor 1 'I nmount 01 S ' Buyer will make applicallonwilhln days eller ElIecllve Dale and use reasonable
diligence 10 oblain Ihe loan commilmenl a . to meel Ihe terms and conditions of the coonmilmenl and close Ihe loan. Buyer shall pay all loan expense~. If Buyer
lails 10 obtain tha commilmenl or falls 10 waive Buyer's ro r Ihls subparllgraph wilhin Ihe time for obtaining the commitment or aller diligenl effort lalls 10 meet Ihe
lerms and condillons 01 the commitment. lhen eilher parly therealler wrilten notice 10 the other may cancellhe Conlractand Buyer shall be relunded lhe deposil(s).
(bl TIll! ~xisling morlgage described In Pllragraph lI(c) abovo has (CIIECK ( I) or (2)): ariable Inle/est rale or (2, 0 a fixed Inleresl rale 01 0/, per annum.
N/A
N{b..
.. i
. AI time of tille transfer some fixed Interesl rates are subject 10 Increase, If increased. the rale shall not excee days aller
I Effective Dale, lurnlsh stalements Irom all mortgagees slating principal balances~ mclhod of paymenl. Inleresl rate a morlgages. " Buyer has ag'eed to assume a
morlgage which requires approval 01 Buyer by the morlgagee for assumption; then Buyer shall promplly oblaln all required applca will diligently complele and relu.n
lhem to the mortgagee. Any morlgagee charge(s) not to exceed $ shall be paid by (II not fllle, divided). II Buyer Is not
accepled by morlgagee or Ihe requlremenls for assumplion ani nol In accordance wilh Ihe Inrms 01 Ihls Conlract or morlgagee makes a charge In excess 0 d amounl.
Seller or Buyer may rescind lhls Conlract by prompl wrllten nolice 10 lhe olher parly unless eilher ~ 10 ?~~ ,''If Increase In Inlere.st rela or excess morlgagee c
~. TITLE EVIDENCE: At least 1 ') days belore closing date~~~~ha". at ~p~eli:~uyer or Buyer's allomey, In accorda~ca wilh Slandnrd A"
(CHECK 11) or (2)): 11) 0 abstract ollille or (21 jgclilla Insurance coonmilment and, after closing. owner's policy of lilia Insuranca. ,
VI, CLOSINO DATE: This lrans~,Cllon shall be closed and Ihe deed and olher closing papers delivered on PF.R ADDF.NDlJM . unless extended by olher provisions 01 Conlracl.
Vff. RESTRICTIONS; EASEMENTS; LIMITATIONS: Buyer shall lake lille subject 10: zoning. rostrlctions, prohibillons and other requirem!!nls Imposed by governli1cntalaulhorily; re5lriclions
and mailers appearing on Ihe pial or otherwise common to Ihe subdivision: public utilily easemenls of record leasements are 10 be Iocaled contiguous 10 Real Properly lines arxt
n<>t mora Ihan 10 feel in width as 10 the rear or front lines t1nd 7'/, feet In width os to Ihe side lines, unless olherwisa slaled herein): taxes lor yaar 01 closing and subse,~uent
NONE
years; assumed morlgages and purchase money morlgages, if any; olher.
: provided.
Ihallhere exists al closing no viola lion of Iha foregoing ond none of them prevanls use of Real Properly (or R PI': i r1 pnt i :11 purpose!s).
VIII. OCCUPANCY: Seller warrants that Ihere are no porlies In occupancy other Ihan Seller; bul. " Properly Is intended 10 be renled or occupied beyond closing, Iha fact and lerms
thereof shall be slated herein and Ihe lenonl(s) or occupanls disclosed pursuanl to St"ndard F. Seller agrees 10 deliver occupancy of Properly at lime 01 closing unless olherwise
slaled herein. " occupancy Is 10 be delivered belore closing, Buyer assumes all risk of loss to Properly 'rom dale 01 occupancy. shall be responsible and liable for mainlenance from
Ihat dale. and shall be deemed 10 have aceepled Properly In lis existing condilion as 01 lime of ta~lng occupancy unless olherwise slaled herein or In a separale wrlling.
IX. TYPEWRITTEN OR HANDWRITTEN PROVISIONS: T\'pewrlllen or handwrillen provisions sh,,11 control all prinled provisions 01 Conlractln conllict wilh them.
X. RIDERS:ICHECK if any 01 tha follOWing Riders are applicable and are all ached 10 Ihis Conlract):
(a) 0 COASTAL CONSTRUCTION CONTROL LINE RIDER Ie) 0 FOnEIGN IN~ESTMENT IN ilEAL rnorEmy TAX ACT nIDER'
lb) 0 CONDOMINIUM RIDER (<I) 0 INSULA liON niDEn
(e) 0 FHA/VA RIDER
(II 0 OTHER:
XI. ASSIGNABfLlTY: ICHECK (1) or (2)): Buyer (1) 0 may assign or (2)Umoy not nsslgn Ihis Conlract.
XII. SPECIAL CLAUSES: (CHECK (1) or (2)): Addendum (11 Uls aUnchod or (2) 0 Ihml! is no Addendum,
XIII. TIME IS OF THE ESSENCE OF ntls CONTRACT. BUYER'S INITIALS
XIV. DISCLOSURES: Buyer n acknowledges or 0 does nolacknowledgareceipl 01 lhe"wncylradgn/compensallon and eslimaled closing costs disclosures....
THIS IS INTENDED TO BE A LEGALLY BINDING CONTRACT.
IF NOT FULLY UNDERSTOOD, SEEK THE ADVICE OF AN ATTORNEY PRIOR TO SIGNING,
THIS FORM HAS BEEN APPROVED BY THE FLORIDA ASSOCIATION OF REALTORS AND THE FLORIDA BAR.
Approval does nolconslilule an opinion I/lal IIny 01 Iho lerllls and cc:Jndilions in I/lls Controc/ should be accepted by IIle par/les In 0 parl/cular I1ansacl/orr. Torms
lI1ld conditions should be negol/afed bosed IJpon /he re1;Jeclivn inlo'osls, ob;ecl/ves and bargaining posi/lons 01 all In/eres/eeI persons.
COPYRIGHT \99 I BY HIE FLORIDA O.\f! AND THE FLORI ^ ASSOCIATION OF REALTORS
'SFEE:(
o IF A LIST
I er agrees to pay t
Mst~1e~~
0.J;~/~Y lklle SocialSecurilyorTaxl.O.1I 070 % 03S'7
q/"/~Y Da\r~ Q LJ...c:L-1L. ."'Yn #J~r.?.R-
(/JuditlJ, M. LaRose .
-'-' ""-:-Ciq;; Al>.tQtney ,s-(I"IP'/ I:>.:1tc SciciaISer.urilyotTaxI.D." (')')O-t./Cr---(tJSd-,7
a t'(ll) received; IF OTHEI'1 THAN CASH. THEN SUBJECT TO CI.EARANCE, Nt A'
6K AI1D COMi?lETE~;IEON6i' APPLICABLE)' By: N / A
- - . - I
p,,\E:NT 15 CURnEIl..!LY. I~ EFFEf!i . .
. , iiiidbCT,?~\..lnclutling cooperating sllb-agmlls nDmed. according to I!'~)orms of an existing. separate listing agreemenl: .
Data
3!17hv Dale
/ .r ,,. _
3 //7 /71 Dale
I I
(Escrow Agent)
OR
o IF NO LISTING AGREEMENT IS CURREN CT:
seiler agrees 10 pay lhelfrOkrr'fI."'\mOcr6P.fOw. mTmo 0 co tho disbursements ollho proceeds ollho sale, compensation In Iha amount of (COMPLETE ONLY Or./E)
-'---- 'Yo of gross purchase price or $ for Bmker's services Iha sale by finding the Buyer roady, willing and able to purchase pursuanl 10. the foregoing
,Contract. If Buyer lolls 10 perform and depoSil(s)Is relalned. SO'Y. Ihereol, bill nol exceeding. r's lee above provided. shall be paid Broker as full consideration for Broker's
services. Including cosls expended by Broker. and Ihe balanco shall bl) pllld to Sollnr. II Iho Iran9acllon 1090 because 01 rolusal or Inilure .of Seller 10 perform. Seller shall
pay the full lee 10 Broker on dornand. In any Iillgatlon arising oul of Iho Contract concerning Iho Broker's leo, Ihe pr
By:
'''- nl()""cid '~iQl1ntn'y;
(11,111 /1::1111001 rr.:Ii"<1 [lloh'r)
ny:
(:;;-;O;;t-r;;0~:-;~~~;i;;;yr-:--- ---.------
(lilm nnOIl) olli~Ijr,J O'\)~cr)
. S11NDARDS F~R REAL ESTATE TRANSlfTIONS
A. EVIDENCE OF llTLE: (1) An abstracl of IIl1e prepared or broughl current by a repulable and exlsling abslr ael t:" (if nol exisling Ihen cerlitied as correcl by an exisling tirm)
purporling 10 be an accurale synopsis of Ihe inslrumenls affecling \ille 10 Ihe. Real Properly reco,ded In.lhe public records of lhe counly wherein Real Properly Is localed throl/gh
Effeclive Dale and wl)lch shall commence wilh the earliest public records, or such later dale as may be cuslomary In lhe counly. Upon closing of Ihis Iransaction, Ihe abslracl shall
become the properly of Buyer, subjecl to Ihe righl of relenlion Ihereol by tirsl mongagee unlil fully paid. (2) A lille Insurance commilment Issued by a Florida licensed tille insurer
agreeing to issue 10 Buyer, upon recording 01 lhe doed 10 Buyer, an owner's policy 01 Iille insurance In Ihe amounl of Ihe purchase price Insuring Buyer's Iilie 10 the Real Properly,
subject only 10 liens, encumbrancos, exceptions or Qualilicallons sel lor Ih in Ihis Conllllcl and Ihose which shall be discharged by Seller al or before closing, Seller shall convey
marketable Iille subject only 10 liens, encumb'ances, excepllons or qualifications specilied in Ihe Contrac\. Marketable IIl1e shall be delermlned according 10 applicable Tille Slandards
adopled by authorily of The Florida Bar and in accordance wllh law. Buyer shall have 30 days, if abslracl, or 5 days, II Iille commilmenl, from dale of receiving evidence 01 Iille
10 examine II. II Iille Is found defective, Buyer shall, within 3 days, nolill' Sellm ;'1 wriling spccilyiny delccl(s). II Iha dclolclls)llJndE\r tille unlO<lrketable, Seller will have 120 days I.<>m
receipt of nolica wilhin which to remove the defecl(sl, failing which Buyer shall have the oplion 01 eilher accepling tha lilla as il Ihen is or demanding a relund 01 deposil(s) paid
which shall Immediately be relurned 10 Buyer; thereupon, Buyer and Saller shall release one allolher 01 all lurlher obligalions under Iha Conlracl. Seller shall, iI tille is lound unmarkcluble.
use diligent eflorllo correct delecl(s) In Ihe \ille wilhin Ihe lime provided Iherelor, including Ihe bringirlg 01 necessary suits, . .
B. PURCHASE MONEY MORTGAGE; SECURITY AGREEMENT TO SELLER: A purchase money morlgageand morlgage nole 10 Seller shall provide for a 30-day grace period In
Ihe evanl 01 delaull if a lirsl morlgage and a 15-day grace period iI a second or lessel mo'loage; shall provide lor righl 01 prepaymenl In whole or in pari wilhoul penally; shall
not permil acceleralion or Inleresl adjustment in evenl of resale' of Roal Properly; shall require all prior liens and encumbrances 10 be kepi in good slanding and forbid modificalions
of, or fulure advances under prior morlgage(s); and Ihe morlgage, noto and. securlly agreement shall bo olherwisa in lorm alld contenl required by Seller; bul Seller may 01111' require
clauses cuslomarify found in mortgages, mortgage notes and security agreemenls generally ulilized by savings and loall Inslilulions or slate or nnlional banks localed In Ihe counly
wherein. Real Properly Is located. All Personally and leasos being conveyed or nssigned will, al Sellers oplion, be subjecl 10 Ihe lien of a securily agreement evidenced by recorded
financing slalemenls. If a balloon mortgage, Ihe linal paymenl will exceed Ihe periodic payments Ihereon.
C. SURVEY: Buyer, al Buye(s expense.,. wilhin time allowed to deliver evidence 01 lille 811<1 10 exnmine ~arne, may have Real Property surveyed and cerlified by a reglslered Florida
surveyor. If survey shows encroachmenl on Real Properly or Ihat improvemellls located 011 fleal Properly ellcroach on setback lines, easemenls, lands of olhers or violate any restrictions.
Conlracl covenanls or applicable governmental regulation, Ihe sama shnll conslilule a tille delecl. '
er al Buyer's expense, within lime allowed 10 delivel evidence of litleand 10 examille same, may have Real Properly inspecled by a Florida Cerlified Pesl Conlrol
Operalor 10 delerm ne . rmlle Infesl"lion or visible existing damage 110m lermito Inleslalion ill (he improvemenls. II either or bolh aro found, Buyer will
have 4 days Irom dale of wrillen nollco Ihereof wilhln w IC ther visible or nol. inspecled ond esllmaled by'n IIcensed't)uifder or gelleral .conlraclor. Seller
shall pay valid costs 01 trealmenl and repair of all damage up to 2% of purchase price. 10U I amount, Buyer sholl havelhe option 01 cancelling Conlracl
wilhln 5 days after recelpf of contrector's repair esllmale by giving wrillen nolice \0 Sell."l3uyer may elecl 10 procee w . lich event Buyer shall receive
a credil at closing of an emount eQtJal 10 the tolal of the lrealmenl and repair estimate not In excess of 2'\'. 01 lhe purchase price. "Termites" shall be eem e a VI
destroying .organisms required 10 be reporled under the Florida Pest .conlrol Act
E. INGRESS AND E(,3RESS: Seller warrants and represenls Ihat Ihere is Ingress and egress to the Real Properly sullicient lor the inlen(led use as described In Paragraph VII heleof,
lille 10 which Is In accordance wilh Slandard A . ':. '
F. LEASES: Seller shall, not less then 15 days belore closing, furnish to Buyer copies of all wrillen leases and esloppellellers from each tenanl specifying Ihe nalure and dura.tion
01 1118 'Ienant's occupancy; 'renlal rales, odvanced renl and securily deposits paid by lenan\. If Seller is ~Jnable 10 oblllin such leller Irom each lononl, the same inlormalion shall be
'furnlshed by Seller to Buyer within thai time period In the lorm of II Seller's ollidavil,'ancl Buyer may Ihorenller coni act lenanls 10 conlirm such Informalion, Seller shall, at closing,
deliver and assign all original leases to Buyer, . ..
G. LIENS: Seller shall 'urnlsh 10 Buyer at lime of closing an affidavit allesting to Ihe absence, unless tolherwise provided lor. herein, of any financing slatemenls, claims 01 lion 'or
pOlenliallienors known 10 Seller and furlher allesling Ihal there have been no Improvements or repairs 10 Ihe Properly lor 90 days immedial\1ly preceding dale of closing. " Properly
has been Improved or repaired wilhin Ihal time, Seller shall deliver releases or wnivers 01 mechanics' liens executed by all general conlraclors, subcontraclors, suppliers and maleriatmen
In addition 10 Seller's lien affidavit setting lorlh the names 01 all such general contraclors. subconlractors, suppliers and malerialmen and lurlher allirmlng thai all charges for Improvements
or repairs which could serve as Ii basis lor a mechanlc's lien or a claim for damages have been paid or will be paid at closing ollhis Conlracl.
H. PLACE OF CLOSING: Closing shall be held in Ihe county wherein lhe Real Properly is localed al Ihe ollice ollhe allorney or olher closing agent designaled by Seller,
I. llME: Time periodS herein of less lhan 6 days shall. in' the computalion exclude Salurdays, Sundays and slate or naliona'j legal holidays, and any time period provided lor herein
which shall end on Salurday, Sunday or a legal holiday shall exlend 10 5:00 p.m. 01 the nexl business day.
J" DOCUMENTS FOR CLOSING: Seller shall furnish Ihe deed, bill of sale, mechan.lc's lien affidavil, assignmenls olleaSe~ar.ld m~gagee e. sloppellellers and correcliveinslruments.
BOyer shall furnish closing slalement, mortgage, morlgage noto, securily a9reemenl IInd IInanclng slalernents. &'/f!!C . ~
I K. EXPENSES: Documenlary stamps on the deed and recording corrective Inslrumenls shnll be paid by ~ Do enlary slamps, intangible tax and recording purchase money
morlgage to Seller, deed and financing slatements shall be paid by Buyer.
,L PRORATIONS; CREDITS: Taxes, assessments, rent, Inlerest, insurance and other expenses and revenue 01 Property shall be proraled ihrollgh day belore closing. Buyer shall have
, . Ihe oplion 01 taking over any existing policies 01 insurance, if assumable, in which evelll premiums shall be proraled. Cash al closing shall be Increased or decreased as may be
required by prorations, Prorallons will be made through day prior 10 occupancy II occupancy occurs belore closing; Advance .ent alld security dl3poslls will be crediled to Buyer and
escrow deposits held by morlgagee w!1I be crediled 10 Seller, Taxes shall be proraled based on lhe curren I year's lax wilh due allowance made lor maximum allowable discounl.
homeslead end olher exemplions. If closing occurs al a date when Ihe current year's millage Is nol Ii xed and curren I year's assessmenl is available, taxes will be prorated based
upon such assessmenl and the prior year's millage, II currenl years ossessmenl Is nol available, Ihen laxes will be proraled on Ihe prior year's lax. II Ihere are completed Improvements
on the Real Properly by,January 1st of year of closing which improvements were nol in exislellce on January 1st 01 Ihe prior year, then taxes shall be proraled based upon Ihe
prior year's millage and al an. equitable assessmenl 10 be egreed upon between Ih!! parties, lailing which, request will be made 10 the Counly Properly Appraiser for an Inlormal
assessment laking Inlo conslderaUon available exemplions. Any lax prorallon based on an eslimate shall, al requesl of eilher Buyer or' Seller, be subsequenlly readjusled upon receipt
of tax bill on cohdilion thaI a slalemenl 10 Ihal ellecl is In the closing slolement.
M. SPECIAL ASSESSMENT LIENS: Certified, conlirmed and rali/ied special assessmenl liens as of dale of Closing (nol as 01 Etfeclive Dale) are to be paid by Seller, Pending liens
as of date of closing shall be essumed by Buyer. If the Improvemenl has been substanlially completed as of Elleclive Dale, such pending lien shall be considered cerlified, cpnlirmed
or ratilied.and Seller shall, al closing, be charged an amount equal 10 the lasl eslimate of assessment for the Improvemenl b~', Ihe public body.
ECTION, REPAIR AND MAIIHENANCE: Seller warrants Ihal. as 01 .10 days prior to ctosing, Iheceiling, roof (includinglhe lascia and sollils) and exterior and inlerior v::-!Is,
. seawalls or . dockage do nol have any VISIBLE EVIDENCE 01 leaks. waler damage or slruclural damage and lhat Ihe seplic lank, pool. all appliances, mechar,:;al
ilems, heating, cooling, eleclr ca, ms and maChinery are In WORKING CONDITION. Buyer may, at Buyer's expense, have inspeclions made of those ilems by a firm
or Individual specializing in home Inspeclions and 0 alional license for such purpose (II required) or by an approprialely licensed Florida conlraClor. Buyer shall, prior
to Buyer's occupancy or nol less than 10 days prior 10 closing, wh c le . I repod In wliling \0 Seller such ilems that do not meel the above slandards as to delecls.
Untess Buyer reporls such delecls wilhin Ihat lime, Buyer shall ba deemed to have walv . rranlies as 10 delecls nol reported. II repairs or replacements are required,
Seller shalf cause such repairs 10 be made and shall pay up to 3% 01 lhe purchase price lor such repairs or r may be required In order to place such ilems in WORKING'
CONDITION. II the cost lor such repairs or replacemenl exceeds 3% of the purchase price, Buyer or Seller may elect to p lailing which eilher parly may cancel
I Ihis Contracl. II Seller is unable to correcl lhe defecls prior 10 c1osing.lhe cosl Ihereol shall be paid inlo escrow at closing, Seller will, upon reason 'de ulililies service
and access to the Properly lor inspections, including a walk-Ihrough prior 10 closing. Between Ellective Date and Ihe dale oJ closing, excepl lor repairs require
Seller shall malnlain Properly, including, bul nollimiled to, Ihe lawn and shrubbery,llllhe condilion herein warranled, ordinary wear and lear excepled.
O. RISK OF LOSS: II the Property Is damaged by 'ire or olher casually belore closing and cosiO' resloration does not exceed 3.4 01 lhe assessed valuation of the Properly so
damaged, cost 01 resloration shall be an obligation of Ihe Seller and closing shall proceed pursuanl \0 Ihe lerms 01 Contracl wllh resloralion cosls escrowed al closing, II lhe cosl
.. '01 /esloralion exceeds 3% 01 the assessed valualion 01 Ihe improvemcnls so damaged, Buyer shall have Ihe oplion of ellher taking Properly as Is, logelher wilh either the 3% or
any insurance proceeds payable by vlrlue 01 such loss or damage, or 01 cancelling Ihis COl)tracl and receiving relurn of deposil!s).
P. PROCEEDS OF SALE; CLOSING PROCEDURE: The deed shall be recordod upon clearance 01 lunds. II lIbstract, evidence 01 Iitle shall be conlinued 01 Buyer's expense 10 show
Iitle In Buyer, ",ilhoul any encumbrances or change which would render Selle(s tille unmarkelable Irom the dale 01 the lasl evidence. Proceeds of Ihe sale shall be held in escrow
by Seller's allorney or by such olher mulually acceplable escrow agenl for a period 01 nol longer Ihan 5 daya from and aller closing dale, II Seller's \ille Is ,endered unmarketable',
Ihrough no laull 01 Buyer, Buyer shall, within Ihe 5-day period, nollly Seller In wrlllng 01 the defecl.and Seller shall have 30 days Irom dale of receipl 01 such nolilication 10 cu,e
the defect. II Seller lails 10 IImely cure Ihe delecl, all deposil(sJ and closing funds shall, upon written demand by Buyer and wilhln 5 days aller demand, be returned 10 Buyer and
slmullaneously wllh such repayment, Buyer shall relurn PersonaJly and vacale Properly and reconvey II 10 Seller by special wananly deod, II Buyer lails 10 make timely demand for
refund, Buyer shall lake tille lis Is, waiving all righls agalnsl Seller as loony inlervenlng defoct excepl' as may be available 10 Buyer by virlue 01 warranlies conlained in the deed.
II a porlion of lhe purchase price Is 10 be derived from Inslilulional financing or refinancing, reQuiremenlSl 01 the lending Inslilullon as 10 place, time of 'day and procedures for closing,
and for disbursement 01 mortgage proceeds shall conlrol over conlrary provision in lhls Conlract. Seller shall have Iherighl 10 require Irom Ihe lending inslilution a wrlllen commilmenl
Ihat iI will nol wilhhold disbursemenl 01 morlgage proceeds as a resull 01 any tille delecl allribulable 10 Buyer-mortgagor. The escrow and closing procedure required by lhis Slandard
may be w~ived if IiIle agenllnsures edverse mailers pursuant to Section 627.7841, F,S. (1989). as amended.
. Q, ESCROW: Any escrow agenl ("~") receiving funds or equivalent Is aulhorizod ond agrees by acceplance 01 Ihem 10 deposil Ihem promplly, hold same in escrow and, suhiecl
10 clearance, disburse Ihem in accordance with lerms and condilions 01 Conlract. Failure 01 clearance of lunds shail nol excuse BuyerS per/ormanca. If in doubl as 10 Agent's dulies
or liat.ihties under the provisions of Conlracl, Agent may, at Agenl's option, continue 10 hold the suh;ecl mnller 01 Ihe escrow unlil Ihe par lies mulually agree 10 ils disbursement
or unlil a Judgment of a courl of compelenl jurisdicllon shall dele/mine Ihe righls of Ihe par lies or Alieni may deposil same with Ihe clerk 01 Ihe circuit courl having jurisdiclion
I 01 Ihe dispule. Upon nolilying all parlies concerned 01 such DClion, all Iiabilily on the pori 01 Agenl shall lully lerminale, excepl 10 the exlenl 01 occounling for any items previou~ly
delivered out 01 escrow. II a licensed real eslate broker, Agenl will comply wilh provisions 01 Chapler <175, F,S. (1989), as amended. Any suit bel ween Buyer and Seller wherein Agenl
is made a pariI' because 01 acling as Agenl hereunder, or In any sull whe.ein Agent Inlerpleads Ihe subject m"lleroLlhe,escrow, Agent shallrecove'leasonabte .allotncy.:s le.es
and cosls Incurred wllh Ihe lees and cosls 10 be paid 'rol11 and oul 01 Ihe escrowed funds or equival(,nt and charged and awmded as courl cosls In favor of I~e prevailing pariI'.
Parties agree thai Agent shall not be liable to eny parly or person lor misdelivery tQ Buyer or Seller 01 ilems subJecI 10 Ihis eccrow, unles~ ~~ch misdelivery is due \0 willlut breach
of this Contracl or gross negligence 01 Agenl. . . ,. '
A. ATTORNEY'S FEES; COSTS: In any liIigalion arising oul of this COlllrncl. the prevailing pariI' in such litigation which, tor Ihe purposes. of Ihls Smndllrd, Sh;111 include Seller, Buyer,
lisling broker, Buyer's broker and any subagents 10 lhe lisling broker or Buyer's broker, shall be enlitled to recover reasonnule ollorney"s 1:08 ar111.cD:;~s. -
S, FAILURE OF PERFORMANCE: If Buyer lails to perform Ihls Conlrncl wilhin lha timo spucilied, including paymenl 01 all de'posil(s), Ihe deposil(sl jJ~ld :f)y Buyer and deposil(s)
agreed 10 be paid, may be retained by or lor lhe account of Seller as agreed upon Ikluid;,led dwnages, considcrnlion lor Ihe'&>1oculion 01 Ihis Conliacl ~ in full selllement 01 any
claims; whereupon, Buyer and Seller .shall be relieved 01 all obligations under Conlracl; or Seller, al Seller's oplion, may pro(:eee In equl\... ~ enlorce Se1ler.'s fights under Ihis Contracl.
It, for any reason olher than failure of Seiter 10 make Seller's lille malkelable aller diligenl ellorl, Seller lails. neglccls or refusC's to pcricrm Ihis Conlracr.lMe:Buyer may seek specific
perlormance or elecl 10 receive Ihe relurn 01 Buyer's deposil(sl wilhoul Ihereby waiving any aclion lor dnmnges resulling Irom Selle(s breO_91,' ,
T, CONTRACT NOT RECORDABLE; PERSONS BOUND; NOTICE: Neilher Ihis Contracl, nor any nolice 01 ii, shall be recoided In onY public records.~TliG' Conlracl shall blnd and
Inure 10 Ihe benefit 01 the parlies and Iheir SUCCOSSO(S In Inlerest. Whenever Iho contexl permils, singular shall include pll/(nl and &11tl genQ.er shall lflclli(!llllll. Nolice given by or
10 the allorney for any pariI' shall be os elleclive as If given by or to Ihot pariI'.
U. CONVEYANCE: Sellor sholl convey 11110' 10 Ihe Relll Properly uy stalulory warranly, Irusleo's. personnl represenlallvc's or gu~rdin,fs deed, es ~prlale 10 Ihe slalus 01 Soller,
subjecl only 10 mailers conlainod In Paragraph VII and IhoSA othe,wise occcplod by Buyer. Personally sholl, 01 requasl 01 Buyer, be 1..,.nslerred by ,00 abSolule bill 01 sole wllh warranly
of lille, sublecl only 10 such mailers as may be otherwise provided lor herein. . - . . .
V. OTHER AGREEMENTS: No prior or present agreemenls_ntlllpresenlnlions shalt be binding upon Buyer or SC'lIer unless included in Ihis Contract. No modilicalion or chnn;Je in
Ihis Conlract shall be valid or binding upon lhe parlies unless In Willing and execuled by the pmly or parlies InlendC'dlo be bound by il. .
W. WARRANTIES: Seller warranls Ihal Ihere Are no laets known 10 Seller mnlerially nllecling Ihe vnlue 01 tho Renl Properly whir.h are nol readily observable hI' Buyer or which
113\'o'nol been disclosed 10 Buyer.' '
, ,
II I I I'
,I !'
I r'
!
I
I
ADDENDUM
TO THAT CERTAIN CONTRACT FOR SALE AND PURCHASE dated the /b~;
day of ~~~l: , 1994, by and between PHILIP A. LA ROSE,
JR., and JUDI M. LA ROSE, his wife (as SELLER), and the CITY OF
CLEARWATER, FLORIDA, a Florida Municipal corporation (as BUYER),
regarding property legally identified as Lot 2, PARKWOOD
SUBDIVISION 5TH ADDITION, according to the map or plat thereof as
recorded in Plat Book 64, Page 87, of the Public Records of
Pinellas County, Florida.
TO WIT:
1) Closing by the Buyer of the transaction contemplated herein is
subject to the following conditions having been met:
A. Approval and Acceptance by the Clearwater city Commission
of the price, terms and conditions of this Contract For Sale and
Purchase, with all attachments, within 60 days of execution of this
agreement by Seller.
B. Approval and Acceptance by the Clearwater city Commission
of the price, terms and conditions of Contracts For Sale and
Purchase, with all attachments, for properties commonly known as
1364, 1368 and 1370 Jeffords street, Clearwater, Florida, within 75
days of execution of this agreement by Seller.
C. Receipt of a satisfactory Residential Environmental Audit
Report, prepared for Buyer, at Buyer expense by an environmental
specialist licensed to transact business within the State of
Florida, within 45 days of effective date of contract, confirming
all property to be acquired from Seller, and from owners of
properties at 1364, 1368 and 1370 Jeffords street, is free of
contamination by hazardous substances or wastes that would either
be in violation of any current Federal, State or Local
environmental law, or would require environmental cleanup expenses
preliminary to using the properties for the purposes intended. If
levels of contamination by hazardous substances or wastes are
determined to be in violation of standards established by the
aforementioned governmental entities, Buyer, at Buyer option may
withdraw from this agreement by providing Seller written notice of
such intent within 15 days of receipt of the assessment report(s) .
2) Seller agrees that Buyer, at Buyer option, expense and risk
shall have the right of entry upon the property to make surveys,
measurements, conduct environmental or engineering tests, and
otherwise make such physical inspections and analyses thereof as
Buyer shall deem necessary. Buyer assumes all risks of such entry
and agrees to defend, indemnify and hold Seller harmless
LaRoseAd.ewb
.
! .
I
I
Page 2
Contract Addendum:LaRose
from and against any claims, cost and expense resulting from any
damage to or destruction of the property, and any injury to or
death of any person(s) arising from the acts or omissions of Buyer
or its agents in exercising this right of entry.
3) Seller and Buyer represent and agree that they have dealt with
no broker or finder in connection with the transactions
contemplated hereby, and that no fee or commission is owed or to be
paid to any such broker or finder in connection herewith.
4) RADON DISCLOSURE (Notice To Buyer): 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 health unit. This disclosure is
made pursuant to section 404.056(8), Florida Statutes.
6) CLOSING of this transaction shall take place, and the deed and
other papers delivered within 15 business days of Buyer acceptance
of environmental assessment report(s), unless extended by other
provisions of this contract.
ACKNOWLEDGED and agreed as of the day and date first above
written.
~~~~y~
J(\ili.~) YYl~
(~NESS
illflLa~#u- /-
~c
~...Lt.-t) ~ ~ de. JJ, a. Q
udith M. LaRose
ttfEi
Rita Garvey
Mayor-Commissioner
CITY OF CLEARWATER, FLORIDA
Eli~tt~ula
llJtorim City ~anager
:~~;:tH~s ~orm
N~, ;I....
. ,I
Clty Attqrney
Vi
../ -...
ATTEST:
~-~.
- [;-/-:'~.^
rnthilL-E~. '. .?OUd~au""::
Clty Clerk,',_ ~
"" .. .
A
U.S. DEPARTMENT OF HOUSING AND URBAN DEIELOPMENT
SETTLEMENT STATEMENT I
lr
B. T Y E 0 F
LOA N
~~
~. ..:..... !It_.
1. 0 FHA 2 0 F...........
J. 0 CONV, UNINS
VA
CONV. INS.
ti FILE NUMDER:
7 lOAN NUMBEI~
'14-.J '/0:14
B. MORTGAGE INS. CASE NO:
C, NOTE: This form is furnished to give you a statement of actual settlement costs. Amounts paid to and by the settlement agent
are shown. Items marked "(p.o.c.)" were paid outside the closing; they are shown here for informational purposes and are
not included in the totals,
I' ,,~:t.\... :',",,; .,A..,.,~~,..>j~ :.'1. -'-'-:1-':::.:' . t..-
D.'NAM g:OFiBORROWER:.,
,:/{Ao.PRESS~P'F la9RRoWER:'
'.,~ ~ ~_: ~ ~:j): i.! ~~di'ili:'~~~~ ~Jti:;~ ~,~,~ ':.~' j<
E. NAME OF SELLER:
ADDRESS OF SELLER:
,~CI~Y OF CLEARWATER, FLORIDA a Florida Municipal Corporation
,:p~ 0 .:BOX 4748
CLEARWATER;' FL 34618-4748
PHILIP A, LAHOSE, JR. and JUDITH M, LAROSE, his wite
113 KENDALE DRIVE
SAlo'r;'J'Y HARBOR. 1"1. 34b9~
F.'NAMEdF LEND~R::'.
::\4ADDRESS OF LENDER:'
~':,~ '.~ ~~::.:~~!.~~i."~!;~:.'.~~~'~!:,':; '.~': ~.;~f:'.~," ',;.':;
H'~EfT~EM~~~ A~E~T:
.':'tf.~9E,9If.,S~l!L~MENT:
':":,~,,;,-: :<,~'::.<;.;.~ ". :~.:> .
1. SETILEMENT DATE:
Lo'r 2, PARKWOOD FIf'l'H ADDITION
13bH :J\':f'r'OJ{])S S'l'Rr.:E:'['
CLEAHWA'rER. PLORIDA 34616
COAS'I'Al. BONDED '1' I'rLE CO. m~ CLEARWA'l'ER
501 SOUTH FT. HARRISON, SUITE 203
Cl,EARWA'l'ER.FLORIDA 34616
July 1.11. .1.994
G. PROPERTY
LOCATION:
101;:Conlra'ct ;~ales;prlce
102. Personal property
103~ ,Setlleinel1t ~hiuges to borrower:
!' ";, '. ~ l- ,I....; >,,' J' , ," i. ,:" ' -,' ' "
:;m:ffron:((l[i~' ~400),+'>. . ".
104.
401. Contract sales price
402. Personal property
403,
1.368.00
.,:i1.o.~: 'Cllyito.wn, 't~~~:s'i.:
107., County taxe,s. .
. .108, Assessments;",
.":'..~~;..'." ~_.,...' ,.".,__.,.~f,.,,-"
109.
110,
111.
. 112. .'.
to
to
. to
404.
405.
ADJUSTMENTS FOR ITEMS PAID BY SELLER IN ADVANCE:
406. City/town taxes to
407. County taxes to
408. Assessments to
409.
410,
411.
412,
, "." .'
1Q5~:).~~.:,.::,-'~'~.-};~L~~<:.'; /,;~.)J~}'};.; ~':::_
ADJUSTMENTS FOR ITEMS PAID BY SELLER IN ADVANCE:
.'
""'.',.;.:;
501. Excess deposit (see ins/ructions)
502. Settlement charges to seller (line 1400)
503. Existing loan(s) taken subjecllo
504. Payoff of first mortgage loan
505. Payoff of second mortgage loan
506. 1994 TAXES
507.
508.
509.
58.045.78
201. Deposit or earnest money
202, principal amount of new loan(s)
203, Existing loan(s) taken subject to
204.
205.
, 206,:,."
207,
208.::."
209.
819.33
ADJUSTMENTS FOR ITEMS UNPAID BY SelLER:
210. Cityllown taxes to
. ?11, C9~~ty.tax~s: to
212. Assessments to
,21:R~N'1'"7A:'07/20/94 to 0'//3:1/94
214JEPOSIT-A
,21!HENT::-BQ7120/94 to 07/31/94
21lDEPOSI'r-B
217.-.
218.
219,
220, TOTAL PAID BY/FOR
BORROWER:
191. 61
'200,00
lBO .00
4S0.00
ADJUSTMENTS FOR ITEMS UNPAID BY SELLER:
510. City/town taxes . 10
511. Counly taxes 10
512. Assessments to
51~EN'r-A 0'1/20/94 to 0'113]/94
5140EPOSI'r-A
51~ENT-B 0'//20/94 to 0'//31/94
51~EPOSI'r-B
517.
518,
519.
520, TOTAL REDUCTIONS
IN AMO.UNT DUE TO SELLER: ~
191. hI
200,00
180,00
450.00
300. CASH AT SETTLEMENT FROM/TO BORROWER: i 600. CASH AT SETTLEMENT TO FROM SELLER:
I 0'1.1 Ed
~9 8Bb 't'l_
301. Gross amount due from borrower (line 120)
302, Less,amounlpald bylfor borrower (line 220)
93 ,8 f:i 8 . 00 601. Gross amount due to seller (line 420)
1'.021 ,61) '602. Less total reductions In amount due seller (line 520)
92.500,00
b9.8811.'I2 )
303. CASH
(KJ FROM) (0 TO) BORROWER:
Y'1. . 84 6 . 3 9 603, CASH
(IXJ TO)
(0 FROM) SELLER:
~
32.6U,28
8/89
4
,'.:...=-
904-398,8615
~ se.4.353B.OOQ.l
r HUD-1 (3-86)
, RESPA, HB 4305,2
I
I
l
--
c""-". SETT~EMENT
700. TOTAL SALESIBROKER'S COMMISSIO ':
BASED ON PRICE $
C H A R G E S
l
@ %=
PAID FROM
BORROWER'S
FUNDS
AT
SETTLEMENT
PAID FROM
SELLER'S
FUNDS
AT
SETTLEMENT
. DIVISION OF COMMISSION (LINE 700) AS FOLLOWS:
701. $ : '.;" to
702,' f-" to
. 703.:Com_T!ssion paid at settlement
704.
800, ITEMS PAYABLE IN CONNECTION WITH LOAN:
::801;;,Loa'nQrlglnatlon fea,' %
802. Loan Discount %
803. Appr~lsal Faeto:' ,
804. Credit Report 10:
805, Lende(slnspectlon fee
806. Morl.gage Insurance application lee to
807. ,6.SsuIT.\ptlon fe~
808.
809,
810,
811.
901. Interest from
902. Mortgage insurance premium for
903, Hazard Insurance premium for
904. Flood Insurance Premium lor
905,
to
@ $ Y
fday
mo. to
1 yrs. to
.I yrs, to
1001., Hazilrdlnsurance
1002. Mortgage insurance
1003. City property taxes
1004. County property taxes
1005. Annual assessments
1006, Flood Insurance
1007.
1008.
months @ $
months @ $
months @ $
months @ $
months @ $
months @ $
months @ $
months @ $
per month
per month
per month
per month
per month
per month
per month
er month
1100. TITLE CHARGES:
1101. Selllement or closing fee to Co a s t a j
1102, Abstract or title search to Co a S tal
1103. Title examination to r;oa s ta 1
11Q~,..TI\le .1r.5~rance binder to
1105. Document preparation to
. 1106,Noiary: lees "to
1107. Attorney's lees to
(includes above items Numbers:
',1108..Tlllir Insurance to;- <. , . . Coastal
j' ~,:;!~;:.:r,~.,(:,.:,i(':.!'I",.",,":.,,1_, ;,.'..' '-', ....,.,:, _'
,,!;i;:;~~)t1.;ld{l:l!n.~l~qes. ~bov~ltems N~mbers: .
1109. Lender's coverage $
, J11q~. 9~n..er.'~ 9ov,erage $ 92, 000 . 00
1111.
1112':,":!',
.\ "i~:,.';;.:.":;J!A:.:ia:':i".
1113,
Bonlied ']'1 t. J e Co.
Bonded Title Co.
BondE'd 'J'1t.le Co,
~o.ou
75.00
2~.OO
Bonded Title Co. of Clearwater
560.00
:.J_?gJ.::ft~~9W!ng ,fees;::,oeed $
1202. Cilyfcounty taxfstamps:
120,3. State tax/stamps:
..,),1"...............-.,..... . ",".'
1204.
;'1205./:
; Releases $
10,50
64'7,50
1300, ADDITIONAL SETTLEMENT CHARGES:
~,J3.9Jr~~rjH ,I~/t:kt!i::;;/'/'.,
1302. Pest Inspection to
). 1~;~~jfr~t~.:'~:i:2~)}t:r::~~:t:: ~-/,~:
1304.
~,iwUti;~~1,~:.:,.~:/1~,i::/~.~~~~ '",
1306.
I have carefully reviewed the HUD.1 Settlement Statement and to the besto! my knowledge and
and disbursements made on my account or by me in this transaction. I further certify that
_:~',!;:i;307',hi~~E;~~~'~;}17(~ffv~~:;.L::~ ~/~;::;~<".:+,-: {<;;'_f~.'::_<./-.:~., . \. ,;-, .;,'!', '-;~:'..~~~ _-;~: ,,:~.", ':.
1400. TOTAL SETTLEMENT CHARGES (Enter on line 103, Section J - and ,. line 502, Section K)
J .~hH.O()
Sellers
The HUD,1 Settlement Sta
disbursed in accordil
Seltlement Agenl /
JDI'j'H M. ] AROSE ,
IS (ransaclion, \. have caused or Will cause the funds to be
WARNING: It is a
can Include a f~e
Date ,J u 1 v .I. 9, .I. Y 9 4
File No, 94-.l.J034
rime t nowllngly make la e atements to the United States on this or any other similar form, Penalties upon conviction
r Imprl onment. For delails see: Title 18 U,S. Code Section 1001 and Section 1010.
'1~~
CA 161379
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OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY, a Minnesota corporation, herein called the Company,
for a valuable consideration, hereby commits to issue its policy or policies of title insurance, as identified in
Schedule A, in favor of the proposed Insured named in Schedule A, as owner or mortgagee of the estate or
interest covered hereby in the land described or referred to in Schedule A, upon payment of the premiums and
charges therefor; all subject to the provisions of Schedule A and B and to the Conditions and Stipulations
hereof.
This Commitment shall be effective only when the identity of the proposed Insured and the amount of the
policy or policies committed for have been inserted in Schedule A hereof by the Company, either at the time
of the issuance of this Commitment or by subsequent endorsement.
This Commitment is preliminary to the issuance of such policy or policies of title insurance and all liability and
obligations hereunder shall cease and terminate six months after the effective date hereof or when the policy or policies committed for shall issue, whichever
first occurs, provided that the failure to issue such policy or policies is not the fault of the Company.
IN WITNESS WHEREOF, Old Republic Natioflal Title losurance Company has caused its corporate name and seal to be hereunto affixed by its duly authorized officers on the
date shown in Schedule A. to be valid when countersigned by a validating officer Or other authorized signatory. .
.... ' ~
CONDITIONS AND STIPULATIONS
,
;<,
1. The term "mortgage", when used herein, shall include deed of trust. trust deed, or other security instrument.
2. If the proposed Insured has or acquires actual knowledge of any defect. lien, encumbrance, adverse claim
or other matter affecting the estate or interest or mortgage thereon covered by this Commitment other than those shown in Schedule B hereof, and shall fail to
disclose such knowledge to the Company in writing, the Company shall be relieved from liability for any loss or damage resulting from any act of reliance hereon
to the extent the Company is prejudiced by failure of the proposed Insured to so disclose such knowledge. If the proposed I nsured 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 in the form of policy or policies committed for and only for actual loss incurred in reliance hereon in undertaking
in good faith (al to comply with the requirements hereof or (b) to eliminate exceptions shown in Schedule B, or Ic) 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 made a part of this Commitment except as expressly modified
herein.
4. Any action or actions or rights of action that the proposed Insured may have or may bring against the
Company arising out of the status of the title to the estate or interest or the status of the mortgage thereon covered by this Commitment must be based on
and are subject to the provisions of this Commitment.
NOTE: The policy committed for may be examined by inquiry at the office which issued the commitment, and
a specimen copy of the policy form (or formsl referred to in this commitment will be fumished promptly upon request.
OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY
A Srock Company
400 Second Avenue South. MI/1fleapolts, Minnesota 55401
(612) 37!-!1!1
By
President
Allest
Secretary
SCHEDU LE A
File No. 94-17034
Commitment No. CA CA
161379
1. Effective Date:
June 15, 1994 @ 05:00 PM
2. Policy or Policies to be issued:
(a) ALTA Owners Policy
(10/17/92 with Florida modifications)
Amount:
$
92,500.00
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Proposed Insured:
CITY OF CLEARWATER, FLORIDA, a
Florida Municipal Corporation
(b) AL T A Standard Loan Policy
(10/17/92 with Florida modifications)
$ 0.00
Proposed I nsu red:
3. The estate or interest in the land described or referred to in this Commitment and covered herein is a
Fee Simple
(Fee Simple, leasehold, etc.)
4. Title to the Fee Simple estate or interest in said land is at the effective date hereof vested in:
PHILIP A. LAROSE, JR. and JUDITH M. LAROSE, his wife
5. The land referred to in this policy is situated in the County of PI NELLAS
State of Florida, and is described as follows:
LOT 2, PARKWOOD FIFTH ADDITION, ACCORDING TO THE MAP OR PLAT
THEREOF AS RECORDED IN PLAT BOOK 64, PAGE 87, PUBLIC RECORDS OF
PINELLAS COUNTY, FLORIDA.
This Commitment valid only if Schedule B is attached.
File Numbe94-17034
Commitment Num~A. 161379
REQUIREMENTS
The following are the requirements to be complied with:
1. Payment to or for the account of the grantors or mortgagors of the full consideration for the estate or interest to be insured.
2. I nstrument(s) necessary to create the estate or interest to be insured and other instruments which must be properly executed,
delivered, and duly filed for record, and/or other matters which must be furnished to the company.
a. Satisfaction of that certain mortgage filed in O.R. Book 5648, Page
294, Public Records of PINELLAS County, Florida.
b. Warranty Deed from PHILIP A. LAROSE, JR. and JUDITH M. LAROSE, his
wife, to CITY OF CLEARWATER, FLORIDA, a Florida Municipal Corporation.
File Number94-17034
Commitment NumbetA 161379
EXCEPTIONS
The policy or policies to be issued will contain exception to the following unless the same are disposed of to the satisfaction of the
Company:
1, Defects, liens, encumbrances, adverse claims or other matters, if any, first appearing in the public records or attaching subsequent
to the effective date hereof but prior to the date the proposed insured acquires for value of record the estate or interest or mortgage
thereon covered by this Commitment.
2. Facts which would be disclosed by an accurate and comprehensive survey of the premises herein described.
3. Rights and claims of parties in possession.
4. Construction, Mechanic's, Contractors' or Materialmen's liens and lien claims, if any, where no notice thereof appears of record.
5. Easements or claims of easements not shown by the public records.
6. General or special taxes and/or assessments required to be paid in the year 1994
and subsequent years.
7. Subject to mortgage executed by PHILIP A. LAROSE, JR. AND JUDITH M.
LAROSE, HIS WIFR, to ROBERT L. SMALLEY AND MYRA M. SMALLEY, HIS WIFE,
dated November 21, 1983, filed November 23, 1983, in O.R. Book 5648, Page
294, Public Records of PINELLAS County, Florida.
8. 25 FOOT DRAINAGE/UTILITY Easement over the REAR lot line as filed in
Plat Book 64, Page 87, Public Records of PINELLAS County, Florida.
9 EASEMENT RESERVED TO FLORIDA POWER CORPORATION AS FILED IN OR
.BOOK 3258, PAGE 290, PINELLAS COUNTY RECORDS.
10. SUBJECT TO RESERVATION FOR DRAINAGE EASEMENT AS FILED IN OR
BOOK 3110, PAGE 464 AND PAGE 467, PINELLAS COUNTY RECORDS.
(NORTHERLY 20 FEET)
ORT FORM 3500
Commitment
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Commitment To Insure
Issued through the Office of:
.,
07/01/94 14:58 ~ 813 441 8983
I
Tbis Warranty Deed
COASHlL BONDED
P.02
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Made lhis 19th day (If
hy
PHIl,IP A. Il1\.ROSr~,
LA~OSE. hjs wlte
~lul v
AD. 1994
JR, and JUDITH M,
hercinafter called lhl; grantor, to
CITY OF CLEARWATER, FLORIDA. a Florida
Muricipal Corporation
whose post office addrc.ss is:
hercinaflcr called the grantee:
(Whenever used he rein the terrn "tranIOr" anti 'gruntee" indulle all lh<l partie~ 10 thi5 inslrllmcnt and the
heif5, legal reprcscnt3Iiv('.& ;lnlluli6igM of indiviclllals, lInd the ~UCCCI\.~OI'S and assigns of tol]lUrali()n~)
Witnesseth, that the grantor, for and in consideration of the sum of S 10.00
.And other valuable considerations, rcceipl whereof is herehy ackrlOwledge.d, hcrcby grants, bargains, sells, aliens, re.miscs.
releases, conveys and confirms unto the grantee, all that ccrtuin land situale in
PI NELLAS County, Florida, viz:
LO'l' '2. PA.RKWOOD P,'lF"l'H ADDITION, ACCORDING 'J'O 'J'HE MAP OR PI,A'I'
'J.'Hli:REOF' AS RECORDED IN PLA1' BOOK 64, PAGE 8'1, PUer,le ltfi:CORDS Of.'
p) NEl,l.1\S CQUN'!'Y. P'l,OR1DA,
Parcel Identification Number: 15/29/15/668S5/000/0020
Together with all thl; tcne.mcnls. hCTcditamr.nls and appurlenanc.es thc.:~to belonging or in anywise appcrlailling.
To Have and to Hold, the same in fce simple. forevcr.
And thc grantor here.by covenants with said grantee lhatthc grantor is lawfully seiz.ed of said laml in fee simple;
that the grantor has good righl and lawhll authority to selland C.OllVCY said land; that the. grantor herehy fully warrants
the title to said land and will dcfen'"d the same again!>l the lawful c1aim~ of all per!ions whomsoever; and that said land is
free of all encumbrances except taxes accruing subsequent to De.e:embel 3], 19 93
In Witness \Vhercof, the ~ilid grantor has 6ign(~d and scakd th(~se presents the. day arid Y<:.lIr firsl ahove
writlc.n.
Signed, sealed and delivered in our presl?IlCl':
N8nlf'
l'.m<.J<M<J,m: PHILIP A. lIARUSK, J.K.
[b;J
NAn\e:
'Riiiitl-;Q"..u:
1m
"'fiAI'l\~:
N.n>r"^",lr.,,: JUDI'fH M. hAROG~:
Jill
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St l'll.: or
Count y or
1'1 LOIU 1)1\
PI NI!:I.I,,}\ S
The. fore~oing iU1>tl'ulllcnt was ackllowled~C'd before Ille thi1>
by
J~t.h
day of
Julv
94
, 19
PHlItIP A. LAROSE:, JR. and JUDI'I.'H M. I,A~OSE, his wite
who is personally known 10 me or who has prodll(:.{~d
,
as idcnlirication.
PREPARED BY: I,YNN 110fo'ti'S'l'E'1''fE:R
RECORD & RE~URN TO:
COAS'rAL, BONI>J<;)) '1' l'l'l,~ CO, OF' Cl.,E1\R~i!tiH~rtlc:
501 S. F'T. HARR ISON SU 1'1' H: 203 Notary P"blj('
Cl,EARWA'J'F.:R. {o'1, :~4b) b MyCnmmi55ion b'rire~:
F'i 1 e No: 94- 1.'/O:~4
WD-l
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TO ENGINEERING
JUL-18-1994 10:51 FROM fY OF CLW. ENGINEERING I
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,,-'---' COASTAL . ROND'E TITLE.COMPA~Y ,Of" CLEA'RliATE'R . INC.
OLDREPURLIC NATIONAL TI~LE tNSURANCE CO.
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'BASIS qF RBARtNGS ;
J' E F;' 0 (2. 0"; ~. STREET C"e>~w
.'80UNDARY SUR'vt:y~
SOtrrH LIN!; OF LOT 2', he i ng
H.69.06t~~~ W , as per pla~.
~EOl:NO, 'J.R, - 'CUHO ~ ~'.Col.P. .. 'CUNo CNoPto lIION IlOO; SJU). .. SET "Al. . DI5l(; ".CJl. _ fOUHO COHalI:1( ~ P.IUL .. ~T IlOIJlOI(t
~ p.CJ'. .. flDlIWlDtt .CCIN'I'IlOL PwlT; '.L .. Pall fI ,,~ ~ .. MlHT-Qr-WA'I': '.kA .. tclUNO ..... """, CCINC. .. CiCIOC1r:
(:(yI/, · ~ AS'M, .. AlPHALT; t8c. .. SEc1laN: ,.... .. 1O'iINSIW':1IO[. .. ~ ElLV. .. D.lVA1lOH: l'WT. .. ''''CWrHtl us. .. ~
- ~~ '.e.ut, .. e-m IIOIl 110O: P .. "'-"Tl II · ~ 0 .. om>: .'.IJ'. - f'OlMO ~ ""'E: I.CJA. .. lET CN'Pm "ON 1lOO~'~
A SURVEY OF" LOT Q) PAI€JL..WOOO npr/-1 A OVITlo
AS R~CORDEO IN PlAT BOoIC ~ . PACE: 67
· OF THE PuBUCRECORDS OF PINEU.AS COUNTY. FlORIDA.
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~ WIWAM Co ICEAllItll, 'DC IuIrc'nR .. ~ QIMOE CD1I"Y 1N4T 1IC tuIM'r ~'lD) HDltON. M WIE'IlHO bit'....... ~ ....NCWIIiS .,. ,
~.8Y bIt...~ IOMD ~.INC) ~~ 10 Ib:1lON ~ III 'H PUIIllOA STA'l\II'a(M I'ADCMm .. llIAa Gf~ COT. fI~
ll€-..-'IlON).. '"Y' VAUO .... ~ .... M ~ U'C"tlJI'SIEAU, , .
ELiVA~~.JJ!S IS lO_CE:RnFY tHAT M: HAW 08tAINED;€l.EV~11OH$ ~ HERror. OF,1HE ABCM: DESCMf;D t.NC)t...~ ELEv~lM:lN$
~ ,ARt -- ~ ~ \Ql1CAL. DAlUW, 1Ut. BEHOiWAAK . .:: .. SUPPUED tIT 'IHE. ~EERlHC
CONIIUIIlY He. .... "" OA'IE.: ..... PLDQl) 1lrI. . .
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Purchase money mortgnge end nole bcarlng annuollnlerest 01
Other:
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tH~S'PARAGRAPH IS VOID AND OF NO EFFECT.
rico or ony J!.art 01 II Is 10 be nnnnced by e third,p,,,ly lonn. Ihls Contract is condilloncd on Ihe. Buycr oblalnlng a wrlllen commilment lor (CHECK (I)
a U an adluslable or (3) 0 a n.ed or adjuslable rolo loon wilhin_ days oller Ellec\lve Dolo ot on Inlllallntoresl rale not to excoed~ '1'..
lerm ot years and lor 1 I nmount 01 S . Buyer will make applicalion wilhln days aller Ellec\lvo Dale and use reasonable
diligence 10 oblain the loan commilment and, 10 lIleel Ihe lerms and conditions of lhc commitment and close Ihe loan, Buyer sholl pay all loan e.penses, II Buyer
lails 10 oblaln Iho commilmenl or lalls 10 waive Buyer'S r r Ihis subparngrapll within Iho lime for obtaining tho commitmenl or aller diligent ellorl lalls 10 meel the
lerms and conditions 01 the commitment, then eilher parly Iherealler wrillen nollce 10 the other may cencel Ihe Contract and Buyer shall bo refunded Ihe depositls).
(bl The existing morlgnge described In Paragroph lI(c) obovo hns (CIIECK ( I) or (2)): varlablo,lnleresl rale or (2) 0 a /lxed Interesl rale 01 'Y. per annum.
, . '
, At lime 01 lille lransler some IIxed Interesl rnles are subjecl 10 Increase, II Increased. Iha rale sholl nol excee 'Y. per annum, Seller sholl, wllhln . days aller
Elleclive Dote, lurnlsh statemenls Iromoll mortgage os sieling prlncipnl bolances~ melhod 01 payment, Inleresl rale a morlgages, II Buyer has agreed to assume a
morlgoge which requires approval 01 Buyer by Iho niorlgagee lor assumption, Ihen Buyer shall promplly oblaln all required appl ca will diligently complele and return
Ihem 10 lhe morlgagee. Any mortgagee charge(s) not to exceed S sholl be paid by (II not nile, divided), II Buyer Is nol
accepled by morlgogee or Ihe require men Is lor assumplion org not in accordance with Ihe lerms 01 Ihls Contract or mortgagee makes B charge In excess 0 d omounl.
, Seller or Buyer may rescind Ihls Contract by prompt wrlllen notice 10 Ihe otluarlY unless eithcr ~ l~t~le Increase In Interest role or excess morlgngee c
V. TiTlE EVIDENCE: At leasl 1 'j clays belore closing dale~ shall, ot ~r~~delv-er-IOBuyer or Buyer's ollorney. In accorda~ce with Stand:lld A..
(CHECK (11 or (2)): (1) 0 abstract 01 title or (2) :lQctitlo i:,surnnco cOlOmilmenl and, oller closing, owner's policy 01 Iltlo Insufonce,
VI. CLOSING DATE: This Iransactlon shall be closed and Ihe deed and olht'; closIng pape's delivered on PF.R A nnF.NnTlM ,unless extended by other provisions 01 Conlracl.
'Ill. RESTRICTIONS: EASEMENTS: LIMITATIONS: Buyer shall lake litle sublecllo: laning, reslrlctions, prohibitions llnd olher reQulremenlslmposed by governlilentalauthority; restrictions
'and mailers appearing on Ihe pial or olherwl,so common to Iho subdivision; p\,blic utility easernenls of record (casements are 10 be located contiguous 10 Reol Properly lines nrid
ml more Ihon 10 leel In widlh as 10 Ihe rear or lront Iincs llnd 7 'h leel In widlh as 10 Ihe side lines, unless olherwlse slaled herein); laxes lor year 01 closing and subse.:\uclll
NONE
years; assim;ed mortgages and purchase money morlgages,lI any; olher:
: provld~d,
thai Ihere exists al closing nO vIola lion 01 Ihe foregoing and none 01 lhem prevenls use of Real Properly (or R p~ 1 cl pnt 1 :11 . purpose(s).
VIII. OCCUPANCY: Seller warrants Ihot Ihere Bre no portles In occupancy olher than Seller; bul, " Properly Is Inlended to be renled or occupl'3d beyond closing, Ihe lacl and lerms
.. Ihereol shall be slaled herein and Ihe lenont(s) 0(' occupanls disclosed pursuanl 10 Slnndnrd F. Seiler agrees 10 deliver occupancy 01 Properly al time 01 closing unless olherwise
staled herein. II occupancy Is 10 be dollvered belore c1osh,?, Ouyer assumes all rIsk of loss 10 Properly Iro'" dale 01 occupancy, shail be responsible Bnd liabla lor malnlonance Irom
thaI dote, ond shall be deemed 10 have accepled Properly In lis e.lstlng condition as 01 lime or laking occupancy unless olhorwlse. sloled herein or In a separale wrlling.
I~. TYPEWnlTTEN OR HANDWnlTTEN pnOVISIONS: T\'pewrillcn or hondwrillen provislons'shall conlrol nil prinled provisions 01 Conlractln conlllcl with them.
X. I1IOERS: (CHECK II any 01 tho following Riders are oppllcable ond are alloched 10 lhis Conl'acl):
(aID COASTAL CONSmUCTION CONmOL LINE n10EI1 Ie) 0 F<mEIGN INVESTMENT IN ilEAL Pllopemv TAX ACT nlOEn'
(b) 0 CONDOMINIUM nlOEn (lll 0 INSULATION mDen
(e) 0 filA/VA RiDen
III 0 omen:.
XI. ASSIGNABILITY: (CHECK (II or (2)): Ouyor (1) 0 may ossign or (2) ~moy nol ~sslgnlhis Conlracl.
XII. SPECIAL CLAUSES: (CHECK (1) or (2)): Addendum (1) ~Is o\.lochod or (2)0 lhola Is no Addendum,
XIII. TIME IS OF THE ESSENCE OF THIS CONTRACT. BUYER'S I/IIT\ALS
XIV. DISCLOSURES: Buyer n acknowledges or 0 does not acknowledgoro<;eipl ollhe ng~ncy/rod~n/compensotlon ond esllmaled closing cosls disclosures..:
THIS IS INTENDED TO BE A LEGALLY BINDING CONTRACT.
IF NOT FULLY UNDEnSTOOD, SeEK TilE ADVICE or- AN ATTonNEY PRIOR TO SIGNING.
THIS FORM HAS BEEN APPROVED BY TilE FLORIDA ASSOCIATION OF REALTORS AND THE FLORIDA BAR.
Approval does nol conslllute 811 opInion Ihal /IllY 01 Iho lelll1s olld cc:indilions ill I/lls COIl/mct should b8 Dccepled by tho parfles In 8 parl/cu/n' !r.lnsacl/()(l TC<lIls
Md condltlolls should bo negol/ared based upon Iho fe1lJeCUVo inlefas/s, ob/ecl/ves olld bDlya/ll/llg posl/lons of 8/111llerested pelSons.
CITY OF CLEARWATER copy,,,", "" ov~~~n~~n~::N~ TwX~~ 7~T:-& .
M';h"ager. ~hU1;r!\: ~;;'.,:.lr.. /'-'"
\"'1I~~!f' lx.le SocioISecurityoi"Toxl.D,1 070 $/OO_sS7
-!r
.sj;V'Y D<l11l A ..I.A"'~ J 1'1 J ~. ct-~ JL
'l"ty Clerk d' M L
. -' -. ,_ S-(l'-1,9Y Jk1tc ." _ 1th . aRose
_ r:"Cit~' A....tlJrney '7'." Scicl~ISllcurllyorTal\I.O.1
h 1\(0) received; IF 01~_ER THAN CASH, lllEN SUBJECT TO CLEARANCE. Nt A:
ECK AND COMPLETE THE ONE APPLICABLE) By: N,I A
IF A LIS EMENT IS cUnnEllTLY IN EFfECTj. "
I er agrees 10 pny t ,nea1iiiro~,.:;-@vdlng cooperaUnri stll?-agllllls na",cd. according 10 I!'~)orms of on exlsllng, separol9 IIsllng agreemenl: .
OR
o
-----------------
3)1/rrJ Dahl
( I
". .
, ~ II ) / )yoal~
. I / .
(Escrow Agenl)
IF NO LISTING AGREEMENT IS CUnnE . .ECT:-
!Scller agrees \0 pay Ihe Broker n<lmod 6P.row;-mliiiO 0 c - rn tho d.lsl'Ulselllenls ollho proceeds 01 tho sale, compensatlon In Iho amounl of (COMPLETE ONLY or~EI
.:.- ,., otgmss purchase price or $ for Broker's services .', Iho sola by finding Iho Duyer ready, willing and able 10 purchase pursuanllo, Ihe foregoing
,Controcl. \I Buyer lells to perform Rnd deposll(s) Is retelned, SOY. thereof, bul nol cxcer.ding. er's 108 above provided, sholl be paid Droker as lull eonslderatlon 10<" Stoker's
services, Inctudin\l cosls expende!l by Broker, nnd Iho balnnco sholl b'l pold 10 Sollor.1I 11\0 Ilnn.ocllon S loso bocause 01 rofusal or I<lilure 01 Seller 10 perlorm. Seller sholl
po'! Ihelulllee \0 Broker Oil d~1l\al1d, In <lny IIllgollon arising out of tho ConlrDcl conCCrPlng Iho Broker's 100, Ihe pi '
/!:.r~~ n:'Hr\l~ nlli,,;l1f"l nrnl-,f'!r)
(Iillll 1I;,\lllC 01 ~(!:""1 (1'01'''')
....
.-~:,'
. STAN(ArmSFOR REAL ESTATE THAtlSACljONS
A. EVIDENCE OF TITLE: (I) An abslracl or tl\le ptepared r bro~ohl cur:enl by a re~lable and Qxlsling abslta~1 linn 'I not existing lhen certilled es correct by an exls'ling lirm)
purporling to be' an eccurale synopsis 01 Ihe inslrumenls alleclino Il\le 10 Ihe Real Proporly'recorded In. Iho public records 01 Ihe counly wherein Real Properly Is localed lIuougll
Ellectivo Dalo and wl)leh shall commence wllh Ihe earllesl public records, or such laler dole as may bo cuslomary In Ihe counly. Upon closing ollhls Ironsacllon, the abslracl shall
become lhe properly of Buyer, subjecl 10 Ihe righl 01 relenlion Iheleol by lilsl mOltgagee unlil lully"peld. (2) A \1110 Insurenco commitmenl Issued by a Florida licensed lille Insurer
agreeing to issue to Buyer, upon recording 01 the doed 10 Buyer, an owner's policy 01 tillo Insurance In Ihe amounl 01 Ihe purchase price Insuring Buyor's IIl1e 10 Ihe Real Properly,
sublecl only 10 liens, encumbrancos, excepllons or Qualilicellons sel lorlh In Ihls Conlrocl ond Ihose which sholl be discharged by Seller el or belore closing. Seller shall convey
malkelable tille sublecl only to liens, encumb'ances, excep\lons or qualilicalions specified In Iho Conlracl: Marketable 11110 sholl be delermlned according 10 applicable Tille Sland1\rds
adopled by aulhorily 01 The Florida Bar and In accordance wllh law, Buyer shall havo 30 tJays, II cbs" ocl. or 5 days, II tille commitmenl, Irom dale 01 receiving evidence 01 lille
10 examine It. II IIl1a Is lound dalecUve, Buyer shall. within 3 days. nolil)' Sailor 11\ writino spr,cilyillll delucl(s). II Ihl! dcl~cllsII()Ild(lr liUe ull,narkelable, Sell"r will h"va 120 dol'S I.."m
receipl DI notice wllhin whIch tD remove Ihe delecl(s), railing which Buyar sholl have Iha uplioll of eilher acceplillg Iha tille os II Ihen is or demanding a relund 01 deposil(s) paid
which shalllmmedialely be relurned 10 Buyer: thereupon, Buyer and Sellor shall release one anolherol olllurlher obligalions under Ihe Conlract. Seller shall, i1tille is found unmalkcl~ble,
use diligenl e(lorllo correcl delecl(s) In Ihe tiUe within the lime provided Iherelor,lncludlno Iha brinolrlg 01. riecessary suils. .
B. PURCHASE MONEY MORTGAGE; SECURITY AGREEMENT TO SELLER: A purchnse money morlooga and morlgaga nole 10 Seller shall provide lor a 30-day grace period In
Ihe evant of deloull if a IIrsl morlgage and a 15.day grace period iI a secoild or lessel mo"oage; shull provide lor righl 01 p,epayrnertl In whole or In porI wilhoul ponally; shall
nolpermil acceleration or Inleresl adjusltnenl In evenl 01 resalo' 01 Roal Properly; shall requiro ull prior liens and encumbrallcas 10 be kepi In good slanding and forbid modificalions
01 or lulura advances under ptlor morlgagols); and Ihe morlgngo, nolo ond. securlly aoroemonl sholl bo othorwise In lorm and conlenl reQulretJ by Seller; bul Seller may only rOQuira
clauses cuslomarily lound In mortgages, mortgage noles and security agreements generally utilized by savings and loan Inslilulions or, sfole or nnlional banks localed In Ihe counly
wherein.Real Properly Is localed, All Personally and leasos beIng conveyed or nssigned Vlill. ill 'Seller's oplion, be subject 10 Iha lie II 01 0 securily agreement evidenced by recorded
linancing slalamenls. II a balloon morlgage, Ihe IInol paymenl will exceetJ Ihe periodic paymenls thoreon, .
C. SURVEY: Burer, 01 Buyer's expenso.,. wllhln tlmo ellowed 10 deliver, evldenco 01 IlIle ~nd 10 e.nmine come, Illay have neal Prop6rly surveyed and certified by a reglslered Florida
surveyor. II survey shows encroachmenl on Real Proporly or Ihollmprovernenls localed on fleol Properly encroach'on selback lin"s, eesemenls, lands 01 olhers or viola Ie any reslriclions,
Conlracl covenants or applicable governmenlnt rogula\loo, Ihe soO\a sholl constllulo 0 IIIle deloc!. . , ,
er al Buyer's expense, wllhln lime ollowed 10 deliver evidence '01 IlIle arid 10 examine some, may hnve Real Properly 'Inspecled by a Florida Cerliliad Pesl Conlrol
Opuralor to dolerm ne . lie InloslaUon or vlsiblo oxlsllno clamooe Irom lermilo Inloslnlion h\ Ihe Implovemenls, II eilher or both aro lound, Buyer will
have 4 days Irom dale 01 wrlllen nollca Ihereol within wh coos whelher visible or nol. Inspecled and esllm'alecf by 'Ii IIcensild'thJilder or goneral 'conlraclor, Seller
sh~1l p~y valid cosls 01 Irealmenl and repolr 01 011 damage up 10 2'1'. 01 purchasa. pr e. Ihal amounl, Buyer sholl have 'Iho option 01 cancelling Conlrocl
wllhln 5 days aller receipt 01 eonlraclor's repnlr esllmale by giving wrillen nollce 10 Seller or Buyer' may elecl 10 procoe w v nl B er sholl receive
a credil al closing of an amount eQtJal \0 Ihe lolal 01 Ihe Irealmonl and repoir esllmole nol In e.cess 0/ 2'1'. 01 Ihe purchasa price. "Termiles' shall be deemed 0
destroying .organlsms required 10 be reporled under lho Florida Pesl .conlrol Ac!.
E. INGRESS AND El;lRESS: Seller warrants and represenls Ihal Ihera is Ingross and egress 10 Ihe Real Properly suUicienl lor Iho inleOl;led use as describod In Paragraph VII heleol,
lille to which Is.ln accordance wilh Slondard A ..
F. lEASES: Selier shall, nol lass than 15 days beiore closing, lurnlsh 10 Buyor copies 01 011 wrlllen loas~s and esloppallellers Irom each tenanl specllying Ihe nalure and dura lion
01 i!,s 'Ietianl's occupancy; .renlal ralas, advanced renl and securlly deposils paid by lerionl. II Soller Is pnoblo 10 obloln such leller "om eacl) lononl, Ihe soma In/ormallon shall ba
'furnlshed by, Seller 10 Buyar within Ihol limo period In Ihe form 01 n Seller's allidavit, 'Mc! Ouyer mol' Iharenfler conlacl lenanls 10 conlirm such Inlormalion. Sellor shall, al closing,
deliver and assign all original leases to Buyer, . . .
G. LIENS: Seller shall lurnlsh 10 Buyer al lime 01 closlno an aUldavll lIlIosllng 10 lho absence, unless lolhorwise provldod lor herein, 01 any financing slalemenls, claims 01 li!!n -or
pOlenliallienors known 10 Seller and lurlher allesllnglhal Ihere hava been no Improvemenls or repairs 10 Ihe Properly lor 90 days Irnmedlal~ly preceding dala or closing. II Properly
has been Improved or repaired within Ihal lima, Sellor shall deliver releosas or wnivers 01 mec/mnics' liens execuled by all genaral conlraclors, subconlraclors, suppliers and molerlalmen
In addition 10 Seller's lien aflidavll selling forth Ihe names 01 all such general conlraclors, subconlr octors, suppliers and materialmen and lurlher aUirmlng Ihal all charges lor Improvements
or repairs which could serve as Ii basis lor a machanlc's lien or a claim lor tJamages have beon paid or will be )laid al closing o/Ihis Conlracl.
H. PLACE OF CLOSING: Closing shall be held In Ihe counly wherein lho Real Properly Is locnled al Ihe ol/ico ollhe allomey orolher closing agenl deslgnalad by Seller.
I. TIME: Time periods herein 01 less Ihan 6 days shall.ln'lhe compulallon exclude Salurdnys, Sundays and slole or nollonaI legal holidays, lInd any time period provided for herei~
which shall end on Salurday, Sunday or a legal holiday sholl exlend 10 5:00 p.m. or Ihe ne><1 business day. .
J., DOCUMENTS FOR CLOSING: Seller shall furnish Ihe deed. bill 01 sale, mochanlc's lien ol/iclavll, asslgnmenls o/Ieases, lenanl and morlgogee estoppel tellers ond correclive Inslruments.
BUyer shan furnish closing slolement' morlgage, morlgage nolo, ~ecurily ogreemenl and financing slalemonls. P.n..~ ~ 1 '
,I K. EXPENSES: Documentary slamps on Ihe dead and recording corre'cllve Inslrumenls sholl be paid by~DocJ~e";lar~ slamps, Intangibla lax and recording purchase money
, !fIorlgage 10 Seller, deed and IInonelng slalemenls shall be paid by Buyer.
,L PRORATIONSj CREDITS: taxes, assossmenls, renl, Inleresl, insuranco anel olher expenses a lid revenue 01 Properly ShAll be proraled ihrol,lgh day belore closlllg, Buyer sh~1I have
Ihe ?ption 01 laking over any exisllng pOlicies or Insurance, II assumable, III which' evelll premiums shall be proralod. Cosh al closing shall ba Increased or decreased as may ,be
reqUIred by prorallons, Prorallons will ba made Ihrough day prior 10 occupallcy II occupancy occurs be/ore closing; Advance lenl and socurlty dllposlts will be crediled 10 Buyar and
ascrow deposlls held by morlgagae W!II be creeliled 10 Seller, Taxes shall be proraled based on Ihe .currenl year's lax wilh due allowance made IDr maximum allowabla discount.
homeslead andolher exempllons. II closing occurs al a dale when Iho cUllenl year's millogo Is nol li.etJ and currenl year's assessment Is available, laxes will ba ploraled based
upon such assessmenl and Ihe prior year's millage. II currenl year's ossessmenl Is nol Available, Ihen laxes will be proraled onlho prior year's lax. Illhere are complated Improvemenls
on Ihe Real Properly by.January IsI 01 year 01 Closing which Improvemenls were nol in, axislenceon January ls1 01 Ihe prior year, than laxes shall be proraled based upon Ihe
prior year's millage and al an. equllable assessmenl 10 ba ogreed \lpon belween Ihl! pOlties, lailing which, requasl will be mada 10 Ihe Counly Properly Appraiser lor an Inlormal
aSsessmenl laking Inlo conslderallon available exempllons. Any lax prorallon based on all eslimole shall, al reQuesl 01 eilher Buyer or Seller, be subseQuenlly readjusted upon receipt
01 lax bill on cohdillon Ihal a slalemenl 10 Ihal el/eclls In the closing slolemen\. , '
M, SPECIAL ASSESSMENT LIENS: Certified, conllrmed and ratified special. Dssessmenl liens as 01 dole of closing (nol as 01 EI/eclive Dalel are 10 be paid by Saller, Pending liens
as 01 dale oJ closing shall be assumed by Buyer, II Ihe Improvemenl has been subslonliolly comploled as 01 EI/eclive Dale, such pending lien shall be considered certllied, conlirmed
..,.or ralified.and Seller shall, al closing. be charged an amount equal 10 Ihe lasl eslimale' 01 assessme.nllor Ihe Improvemanl b~', Ihe public body.
: , SPECTION, REPAIn AND MAlIlTENANCE: Seller warranls Ihat, as 01 10 days . prior 10 closing. Ihe. ceiling, roof (Including Ihe lascla and sol/ils) and exterior and Inlerlor w:-IIs,
'seawa Is . dockage do nol have any VISIBLE EVIDENCE 01 lealls, waler damage or slr\lclural damage and Ihal Ihe sepllc lank, pool, all appliances, mechari:al I
lIems, healing, cooling, elec r ..."" s and machinery are In WO!1l(ING COI~DITlON, Buyer may, at Buyer'S expense, have Inspecllons made 01 Ihose Items by a firm
or Individual specializing In homa Inspeclions .'anll 110 I \I olional license lor such purpose, (il required) or by an approprlalely licensed Florida conlraclor. Buyer shall, prior
,10 Buyer's occupancy or nol less Ihan 10 days prior 10 closing, w 1 irst. repo'rt In wrilino 10 Seller such ilems Ihol do nOI moel the above slandards as \0 delecls.
Unless Buyer reporls such deJecls within Ihal lime, Buyer shall bu deemed 10 have walv . rranlies as 10 delecls nol reporled. II repairs or replacements are required.
Seller shall cause sueh repairs 10 ba made and shall pay up 10 3'1, of ilIa pllrchose price lor such repairs or reI' bo required In order 10 place such ilems In WORKING'
CONDITION, If 'Ihe cosl for such repairs or replacemenl exceeds 3% or Ihe plJlchase price, Buyer or Seller may elacl 10 pay . which ellhar party may caricel
, Ihis Conlrac\. If Seller Is unable to correcl the delecls prior 10 closing. Ihe cosl lhereol sholl be paid Inlo escrow al closing. Sellar will, upon reasona e , . Wilies service
and access 10 Ihe Properly for Inspecllons, Including a walll-Ihrough prior 10 closing. Oelween Elleclive Dale and Iho dale 01 Closing. excepl lor repairs required by I IS
Sellar shall malnlain Properly, including, bul nOllimilelllo, Ihe lawn and shrubbery, In the condilion herein warranted, ordinary wear and lear excepled. , ,
O. nlSK OF LOSS: II Ihe Properly Is damaged by lire or. olher casualty be/ore closinO and cost or resloralion does nol exceed 3'4 01 Ihe assessed valuallon 01 Ihe Property so
damaged, cosl 01 roslorallon shall be an obligation 01 Ihe Sellar and closing shall proceed pursllonl 10 Ihe lerms 01 Conlracl with reslorallon costs escrowed 01 closing. II Ihe cost
"01 resloralion exceeds 3'1'. 01 Iha assessed volualion 01 lhe improvemanls so damogad. Buyer shaU have Ihe oplion 01 ellher laking Properly as Is, logelher wilh eilher the 3',~ or
ony insurance proceeds payable by vlrlue 01 such loss or damage, or 01 cancelling Ihls COl)lracl,nntJ receiving r~lurn or deposllls).
p, PROCEEDS OF SALE; CLOSING PROCEDURE: The deed sholl be recordod upon clconillce 01 lunds. II abslrocl, evidence 01 tille shall be continued 01 Buyer's axpense 10 show
tille In Buyer, withoul any encumbrances or change which would render Seller's tille unmorkelable Irom Ihe dolo 01 Ihe lasl evidence, Proceeds 01 Ihe sale shall be held in escrow
by Seller's allorney or by such olher mulually acceptable escrow oge,;1 for a periOd 01 nol longer Ihan '5' days I,om and aller closing dole. II Seller's tille Is rendered ononarkelabte',
Ihraugh no laull 01 Buyer, Buyer shall, wllhln Ihe 5 -day period, nolily Seller In wrillng 01 the clolecl, and Seller shall have 30 days Irom dale 01 receipl 01 such nolificalion 10 cure
Ihe delec\. II Seller lails 10 IImely curalha de loci, 011 deposll(sl and closing lunds sho'II, upon' wrlllen demand by Buyer' and wilhln 5 days aller demand. ba ralurned 10 Buyer and
, simultaneously wllh such repaymenl, Buyer shall relurn Persona"y ond vacole Properly and reconvoy Il 10 Sellar by special warranly dood. II Buyer lails 10 make IImely demand lor
relund, Buyer shall taka tille lis Is, waiving 011 righls against Seller os 10 any Inlervenlno de loci e.cepl" as may be available 10 Buyer by vlrlue 01 warranlles conlalnedln Ihe d'iled.
II a porlion 01 Ihe purchase price Is 10 be derived Irom Inslilutional financing or relinancing, reQulremenl90 01 !ha lending Inslilulion as to place, lime of'day and procedures lor closing,
Bnd for disbursament of mortgage proeeeds shall conlrol over conlrary provisiopln Ihis Conlrocl. Seller shall have Ihe ,righl 10 require Irom Ihe lending Inslitulion a wrlllen commilmenl
Ihalll will nol wilhhold disbursemenl of morlgage proceads 8$ 0 resull 01 any lillo delp.c1 ollribulable 10 Buyer-rnortgogor, Tho escrow and Closing procedure required by Ihis Slandard
may be w~ived illllle agenllnsuros adverse moilers pursuanllo Section 627.7041, F,S.119891. os amended. .
, a. ESCROW: Any escrow agenl ('~") receiving lunds or eQulvalenl Is aulhorlzod ond ogreas by acceptance of Ihem to deposll Ihem promplly, hold same in escrow and, suhject
to clearance, disburse them In accordanca wllh lerms and eondllions 01 ConlrocL Faill"e 01 clearance 01 funds sholl nol excusa Buyer's perlormonce. If In doubl as 10 Agen!'s dulies
or Iiat.lhlies under Ihe provIsions of Conlracl. Agenl may, at Agen!'s opllon, conllnue 10 hold, Ihe subjecl moiler 01 Iho escrow until Ihe par lies mulually agree to i1s disbursemanl
or unlil a judgment 01 a courl 01 compelenl Jurisdicllan shall delermine 'Ihe righls or Ihep;\rlles or Alieni may deposil same wllh Ihe clerk 01 Ihe circuil courl having luriseliction
, 01 the dispule. Upon nolifying all porlles concerned 01 such Dclion, all Iiahilily on the port 01 Aoenl shall lully lerminale, excepl to Ihe exlenl of accounling lor any lIems p'eviously
delivered oul 01 escrow, II a licensed real eslole brokor, Agent will comply wilh provisions 01 Chopler 475, F.S. (1989). as amended, Any sull bel ween Buyer and Seller wherein Agenl
is mode a parly because 01 acllng as Agenl hereunder, or In ony sull where"\ Age III Interpleods Iha subjecl mailer 01 Ihe escrow, Aoenl shall recover reasonable allorney's lees
and cosls Incurred with Ihe lees and costs 10 be pnld Irol\\ and oul 01 Iha escrowed /untJs or equivalc,,\1 and charged and awnrdad os cOllrl cosls In favor 01 Ihe prevailing porly.
Parties agree Ihal Agent shall nal be liable 10 any pmly or person lor misdelivery IQ BlIyer or Seller 01 i1ems subjecl 10 Ihis escrow,uf\~,S such misdelivery Is dua 10 willlul breach
01 Ihis Conlracl or gross negligence 01 Agenl. . .
R. ATTORNEY'S FEES; COSTS: In any liIigollon arising oul or Ihls Conlract. Iho prevailing pariI' in such liligolion which, lor Iho purposes 01 Ihls Standard, shnlllnclude Seller, Buyer,
listing braker, Buyer's broker and any subagenls 10 Ihe Iisllng brol<er or Buyer's brol<er, sholl he enlilled 10 recover reasonoblo ollorney's lees arid cosls.
S. FAilURE OF PERFORMANCE: " Buyer falls to pertorm Ihls Conllncl wilhln Iho limo spucilied. includiny plIy,nenl 01 'all doposil(s), 'he deposll(sl paid by Buyer and d~posll(sl
agreed 10 be paid, may be relained by or ror Ihe accounl 01 Seller os ogreed upon liquirJ;llcd dwnlloes, considerlllion lor ,Iho exuculionol Ihis Conlrocl and In lull selllemenl 01 any
claims: whereupon, 13uyel' and Seller .shall bo relieved 01 all obligollons untJer Conlracl; 01 Seller, 01 Saller's oplion, Oloy procl!ea In equily to enlorco Sellar's rlghls under Ihls Conlroct.
II, for any reaSOn olher than lail,ue of Seller 10 make Seller's lille ma,keloble oller dilioenl ellorl. Seller luils, neglocls or,relu~es,to pcrlorm Ihls Conlraci, Ihe Buyer may seek specilic
performanco or elecl 10 receive the relurn 01 Buyor's deposlllsl withoul Ihoreby waiving ony aclion lor dnmaoes.r~sullino Irom Soller's breuch::
T, CONTRACT NOT RECORDABlEj PERSONS BOUNDi NOTICE: Neither Ihls Conlrocl. nor any nolice 01 it, shull be rocordod InilnY public records.. TI.1.!~ Conlract shall bind and
Inu'e 10 Ihe benclll 01 Ihe porlles and Ihelr successors In Inleresl. Whenover Ihe conle.1 permils, sin(Jlltor sholl InclutJe plurnl and ~no gender shall Include all. Nolice given by or
10 Ihe allornoy lor any parly shall ba OS el/ecllve os if given by or 10 lhal porly.
U. CONVEYANCE: Sellar sholl convey 11110' to Ihe Rool Properly by slalulory warronly, Ir\lsloo's. I\o,sonal represenlollve's or ouordinn's doed, as npproprlale 10 Ihe slolus 01 Soller,
sublecl only 10 mailers eonleinod In Porograph VII nnd Ihosa olhe,wiso occoplnd by Ouyor, Pelsonolly sholl, ~I requesl of Buyer, be 1r3nS,lcrred by on absolule bill 01 sola wllh worranly
01 tille, subJecl only 10 such moilers as mny.be olherwlse provlcled for herein. . .
V. OTHER AGREEMENTS: No plior or presenl ngreemenls_orlcprasenlalioilS shnll be binding upon B'uyer or Seller unk!ss included In this Conlrae!. No 1Il0elilicollon or chanJe in
Ihls Contract shall be valid or binding upon Ihe parlies unless In wilting and execuled by Ihe pnrly or porlies Inlen(\~d 10 bo hound lJy II. .
W, WARRANTIES: Seller warranls Ihol Ihere nre no locls l<nown to Seller Ollllorlillly ollecting Ill(! villlle 01 1111. Renl Properly which nre nol reatJily observable hy Buyer or which
Im.a'nol been disclosed 10 Buyer, .
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I
ADDENDUM
TO THAT CERTAIN CONTRACT FOR SALE AND PURCHASE dated the Ib~
day of ~__-:' , 1994, by and between PHILIP A. LA ROS"E;
JR., and JUD H M. LA ROSE, 'his wife (as SELLER}, and the CITY OF
CLEARWATER, FLORIDA, a Florida Municipal Corporation (as BUYER),
regarding property legally identified as Lot 2, PARKWOOD
SUBDIVISION 5TH ADDITION, according to the map or plat thereof as
recorded in Plat Book 64, Page 87, of the 'Public Records of
Pinellas County, Florida.
TO WIT:
1} closing by the Buyer of the transaction contemplated herein is
subject to the following conditions having been met:
A. Approval and Acceptance bY the Clearwater city commission
of the price, terms and conditions of this Contract For Sale and
Purchase, with all attachments, within 60 days of execution of this
agreement by Seller.
B. Approval and Acceptance bY the Clearwater city commission
of the price, terms and conditions of Contracts For Sale and
Purchase, with all attachments, for properties commonly known as
1364, 1368 and 1370 Jeffords Street, Clearwater, Florida, within 75
days of execution of this agreement by Seller.
C. Receipt of a satisfactory Residential Environmental Audit
Report, prepared for Buyer, at Buyer expense by an environmental
specialist licensed to transact business within the State of
Florida, within 45 days of effective date of contract, confirming
all property to be acquired from Seller, and from owners of
properties at 1364, 1368 and 1370 Jeffords street, is free of
contamination by hazardous substances or wastes that would either
be in violation of any current Federal, state or Local
environmental law, or would require environmental cleanup expenses
preliminary to using the properties for the purposes intended. If
levels of contamination by, hazardous substances or wastes are
determined to be in violation of standards established by the
aforementioned governmental entities, Buyer, at Buyer option may
withdraw from this agreement by providing Seller written notice of
such intent within 15 days of receipt of the assessment report(s} .
2} Seller agrees that Buyer, at Buyer option, expense and risk
shall have the right of entry upon the property to make surveys,
measurements, conduct environmental or engineering tests, and
otherwise make such physical inspections and analyses thereof as
Buyer shall deem necessary. Buyer assumes all risks of such entry
and agrees to defend, indemnify and hold Seller harmless
LaRoseAd.ewb
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1
Page 2
Contract Addendum:LaRose
from and against any claims, cost and expense resulting from any
damage to or destruction of the property, and any injury to or
death of any person(s) arising from the acts or omissions of Buyer
or its agents in' exercising this right of entry.
3) Seller and Buyer represent and agree that they have dealt with
no broker or finder in connection with the transactions
contemp~ated hereby, and that no fee or commission is owed or to be
paid to any such broker or finder in connection herewith.
4) RADON DISCLOSURE (Notice To Buyer): Radon is a naturally
occurring radioactive gas that, when it has accumulated J.n 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 health unit. This disclosure is
made pursuant to section 404.056(8), Florida Statutes.
6) CLOSING of this transaction shall take place, and the deed and
other papers delivered within 15 business days of Buyer acceptance
of environmental assessment report (s), unless extended by other
provisions of this contract.
ACKNOWLEDGED and agreed as of the day and date first above
written.
11\.,' ~~
(i~
. du Y1l87~-"
TNESS
~~a~
Ph111p ,LaRos, , Jr. .......
~A'rl'1X) ~~ Q
, udith M. LaRose
CITY OF CLEARWATER, FLORIDA
/H ~y -
EI~eth .. Oeptu1a
Interim city Manager
~m~orm
. a -t:.
city Attorr
ATTEST:
0~~~ (' > fJ.. JJ,,-
cy~t~I~E. Goudeau
city Clerk