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OPAL COLE ....- :@ }. I . r ' . .., ;:j'~ .O~:' lo.t Ii" 63&. ~:';T FEES -----..-- ------- :"1'1'F ------ P/c Pi';,' "-." -".~._- l~':A~rf.e-{ ) -d ~ . n. " :J () 0 :) t If) '0 0- x ~ \ c3 fl u. c: QI C ~ \.$. 8<h~ - . JL~Ni~, #t~~~~~17_~~f~- Made this 19th day of Ju 1 v A.D. 1994 by OPAL C. COLE. an unremarried woman This W+-ranty Oeed hereinafter called the grantor, to CI'l'Y OF' CL}:O~ARWA'l'ER. l"LORIDA, a Plorida Municipal Corporation PINELLAS COUNTY FLA. OFF.REC.BK 8730 PG 764 whose post office address is: P.O. Box 4748 Clearwater, FL 346l8-4748 .bereinafter calledthe.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' 1. PARKWOOD FIF'l'H ADDI'rION, A,CCORDING '1'0 'l'HE MAP OR PLAT THEREOF AS RECORDED IN PLAT BOOK 64. PAGE 81, OF THE PUBLIC RECORDS OF PINELLAS COUNTY. FLORIDA. Parcel Identitication Number: 15/29/15/66855/000/0010 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 ge 'vered in our presence: [li] Name & Address: Name: [li] Name & Address; Name: [li] Name & Address: State of County of FLORIDA PINELLAS ICUJ/841 SSS 07-11-1 Ui Ut.U'{Jf'AL L CULt. i(]:\}I!'AviNb ,Jul v LJUC S!~tof. iA~.21 ~ .j , '~\U, ..,. ,9\ +'~J"-,,U = 94 i6~ ,:i/~ 'l.j , ... The foregoing instrument was acknowledged before me this 1..... LO . \0 .:Cc-.. ...:I ~ 01 >< ll. I E-I I Z I 001 OM Uc-.. CO tI.) .:C~ ...:1m "ri:~ Hfl:; ll. . ~ ~ o _! ," </ ,'" .... L 1/ PARKWOOD FIFTH ADDITION i CLEARWATER. PINELLAS COUNTY. FLORIDA -~.. .. ......rl.\ ""'" -... 0\ -... ,...-........'" ...,.....'-,."..~.. .....,.\ '''''- ......,.\ _.. '..."Tw...'l...,....,. '1:'\.... ''''' ",-, ~/ 64 87 DESCRIPTION ,_..~...,. :'-':'<.. ~=.'."...~""'" .?.~ '\:o:~~""""',,,, ::r~'~=~..,., 't'<'~~~ ""'",,"..:'. ~:t, ~~..t:' ~ ,,;\.'~"_. DEDICATION -.- ~....:...-.. "'~"'''' ......,,'... ......, ~ ~... - -.....1\ ~ ,-...."" ~.._........ -....... ."'" -, -.:..... '-~ ....\._.~... \10"."""'. _.. __ _ ~'''''_.. -,..'o...!:. . - ~, ---, ,.~-, ~- --~ '.'~ .~'_.~~,'-- -~~"._.__..~ ~-- . . ....-:.-~. ~nw..'~.~~ -:.,..... i<>~;"'!I. "..,,~ -, l:>"""'''"f. -. .~.......... ........... ...,...__, _"'............ <0----. .......-..........;...,. c:........ ...,_;.... ....;..._'--.. .._.......':' .. ow", 0" '-''''. .... - )"T-' ~........;..\:-...~. .~~~~~~ "!J.\o."- _\ ~,..... ~.".~--~.~~ , ..--..._,.-._-~.....~_.--...\_~- ., "~~-.........~ -""- -"""""-'="" -- "--- --- -_.~-- \- - -_._~.::..."t.~--. w,,_~ - ~"''''6 ....... .,,..~ -...'- -'...... '"--'-.... "'-'.40. ~a-... "'-j4 _,.,....,. ~~: ~<<_.-. ., "',....... - ~~---..w~...._ -.---.4____ 5=~. :-=: ~ /j~ ~J tt.. '-1'\. 'a..~~'I"~~;;'-- CERTIFICATE CW APPROVAL OF COUNTY i COMMISSION ~~'..\~'t.:\..... , ,; , . " ;,. ""n~ un;~_~ "-' ...... ..............'~ ..,"'_ ~-l. ~;;;'~~~.at: ~",~~~..\~__c:...._.. ,., , ! ~'. ~ '>7, t_ :' ~~""'''!I'~ '"t\oo....' __,~~.... I . ~o .;:- .. 4- e.<>.a Iq 10 I~ I .~# SUIlVEYOR'S CERTIFICATE ='<>. ,~~ "'!'k'~_4 .........,..~ \,..... __"_'. ".....~ .....\.\\.. ".~, o~ ......~~ ~";.~~~.. ~~1"~"" '-4. \.~,,' \.~.. ~'lI.\. ,,.. ~ \.......... -- ..'I:.~..,-- ~ ...~ Qo~ ""'" ~r"'~~...., ~~ ~~~,,".~)"'~~,~~,~~.. -01."..". '""__<1M, .... .........~~a y ..... 15o\,a..... .."-.~ """...~~~.., i -- ) -::> ' ~~ , "--1-'_.. , ..... Lj E-;-- ~<:.~...... ~~1"~ - ~~~~~~~,~~ - '" .._~eRTIFICATE OF APPROVAL OF COUNTY CLERK ~~., p",,\\Q,...l-.., ....... \<o~~~"...... ., "'-."::';:"''tMo'~,.t ..........,"..__ ~~""- .\.~~.. a ~ C::... -.. . ,..\:--.. <t.,,,.,, ....CIl........~.a. -.-.., \~, '.\ 'l:.,,",,~.... ~'" ,...."'II. . :::-~, ~~~~. ,"", ~\..n","., ~,-...,,~-. ~""'\., ."',~,.. ~."o.~.,,\. ~ ~ ~~\-.. ~1 ._6 'r."" n.'t.I!'...ol"M\, ""-.\ ~-"'~L'P~~'t.~Z.........~~.. ""'.. ....:".~.\tU.".4-~..'\~ _ \~~"::l~ ....:.,.1 r~ ~\4. ~\~~'"-...~\,...... ~"","o... t......~.."'. '1:.\-......... ..&"" '-":~ .so..~.t. N& .OS'Ss."W a.<::>.<> z,0c0,. 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""'-6.........'l\'U'" CERTIFICATE OF APPROVAL OF CITy COMMISSION '--- ";...."'.~..'i ~."""""t.o1 ~,' \~~~" "..~ Ig,'t.<r'\ Olo'~'';:..-. ~\\ \ "'lO>lO>"~"~" p:"""~ ~~~~~~ t..~ c::.'_~.....~.....",,'I"'" _\ ""q c:.:.\~ .\ ~\IIt.':Io........\..... ..'" -_a. ~.,. ~"-"'""...2-.o...." ..\ ~~'.,c.., j,~ "'~ 0'; 0:: '0 t 3 2. l!.o.o -"50"'"'---- - -~ I >W::I: W-J.... >0- a: en 3= :::>WW en::I:O ct....Z ....a:ct OO-J zu.~ enOo -~O=. ::I:O ~ Octu.u. .... .... 0 _ W....W~ ~<CenC\i en en OC\l en-D.,,! -Ca:co ::I:Z:::>C\l rctD.C()) I .' 8 1 Coastal Bonded Title Co. of Clearwater August 15, 1994 CITY OF CLEARWATER P.O BOX 4748 CLEARWATER, FL 34618-4748 Re: CBTC File No 94-17032 Dear SIRS: In connection with the above referenced transaction, we enclose the following: Original Recorded Deed Owners Policy No.SDC 209073 in the amount of $90,000.00 &fde,~ 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 serVlce to you. Please do not hesitate to contact our office should you require further information. E. TITLE CO. OF CLEARWATER jemf Enclosures TITLE INSURANCE - REAL ESTA TE CLOSINGS /2. ,-() / 7-/ () 501 S. FT. HARRISON,1I203/CLEARWATER. FLORIDA 346161TEL: (813) 442.9671 ) .ptner'sPolict Policy Number SDC 209 07 3 If..** *%~ it: ' * If- .. * *~* SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B AND THE CONDITIONS AND STIPULATIONS, OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY, a Minnesota corporation, herein called the Company, insures, as of Date of Policy shown in Schedule A against loss or damage, not exceeding the Amount of Insurance stated in Schedule A, sustained or incurred by the insured by reason of: 1. Title to the estate or interest described in Schedule A being vested other than as stated therein; 2. Any defect in or lien or encumbrance on the title; 3. Unmarketability of the title; 4. Lack of a right of access to and from the land. The Company will also pay the costs, attorneys' fees and expenses incurred in defense of the title, as insured, but only to the extent provided in the Conditions and Stipulations. IN WITNESS WHEREOF, the said Old Republic National Title Insurance Company has caused its corporate name and seal to be hereunder affixed by its duly authorized officers as of the date shown in Schedule A, the policy to be valid when countersigned by an authorized officer or agent of the Company. Issued through the Office of: OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY A Stock Company 400 Second Avenue South, Minneapolis. Minnesota 55407 (672)377-7117 ~dk / ~,,;oo"' ". ,,,.::;,:;,C, ".,.." 7 Secretary (L By ORT Form 331 AL T A Owner's Pol icy 10-17.93 with Florida modifications Attest EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which may arise by reason of: 1. (al Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (il the occupancy, use, or enjoyment of the land; (iil the character, dimensions or location of any improvement now or hereafter erected on the land; (iiil a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the 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; (cl resulting in no loss or damage to the insured claimant; (d) attaching or creating subsequent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the estate or interest insured by this policy. 4. Any claim, which arises out of the transaction vesting in the insured the estate or interest insured by this policy, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that is based on: (a) the transaction creating the estate or interest insured by this policy being deemed a fraudulent conveyance or fraudulent transfer, or (b) the transaction creating the estate or interest insured by this policy being deemed a preferential transfer except where the preferential transfer results from the failure: (i) to timely record the instrument of transfer; or (i i) of such recordation to impart notice to a purchaser for value or a judgment of lien creditor. CONDITIONS AND STIPULATIONS 1. Definition of Terms. The following terms when used in this policy mean: (a) "insured": the insured named in Schedule A. and, subject to any rights or defenses the Company would have had against the named insured, those who succeed to the interest of the named insured by operation of law as distinguished from purchase including, but not limited to, heirs, distributees, devisees, survivors, personal representatives, next of kin, or corporate or fiduciary successors, (b) "insured claiman, 1": an insured claimin~" loss or damagr (c) "knowledge" or "known": actual knowlJdge, not , " constr~ctive knowledge' Ur not-ic~which may be Imputed to an insured k.:.', 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 (il 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 (iiil 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, (al 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 insured, but only as to those stated causes of action alleging a defect, lien or encumbrance or other matter insured against by this policy, The Company shall have the right to select counsel of its choice (subject to the right of the insured tel object for reasonable cause) to represent the insured as to lose st8'!'ed causes of action and shall File Number 94-17032 1. Policy Date Jul y 19, 1994 Policy Number SDC 209073 Amount$ 90,000.00 at 0 5 : 4 4 PM 11- * * * %i' ~ * .. .. * ~ *. 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 1, PARKWOOD FIFTH ADDITION, ACCORDING TO THE MAP OR PLAT THEREOF AS RECORDED IN PLAT BOOK 64, PAGE 87, OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA. ORT OWNERS FORM 3504 This policy valid only if Schedule B is attached. File Number 94-17032 Policy Number SDC 20 9073 ITEMS 1 through 4 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 FOOT DRAINAGE/UTILITY AND 10 FOOT DRAINAGE Easement over the REAR AND SIDE 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. RESERVATION FOR DRAINAGE PURPOSES (OVER THE NORTHERLY 20 FEET) AND (EASTERLY II FEET) AS FILED IN OR BOOK 3110, PAGE 464 AND PAGE 467, PINELLAS COUNTY RECORD 9. Survey prepared by ALLIED SURVEYING, dated 7/1/94 reveals an shed and chain link fence encroaching over the 25 ft. drainage/ utility easement on the North of caption. ORT OWNERS FORM 3505 -, -, .........;...~...' -._~~.......~......~~~- .--..-- ---'~-',;~~.-'.- ~......... I, . , .. . ""!...~ . ),- ... not be iiable for and will not ;y the fees of a~ other counsel. The Company will not pay any fees, costs or expenses incurred by the insured in the defense of those causes of action which allege matters not insured against by this policy. (b) The Company shall have the right, at its own cost to institute and 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 ~~. C: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 Liabilitv In case of a claim under this policy, the Company shall have the following additional options: la) To Payor Tender Payment of the Amount of Insurance, To payor tender payment of the amount of insurance under this policy together with any costs, attorneys' fees and expenses incurred by the insured claimant, which were authorized by the Company, up to the time of payment or tender of payment and which the Company is obligated to pay, Upon the exercise by the Company of this option, all liability and obligations to the insured under this policy, other than to make the payment required, shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation, and the policy shall be surrendered to the Company for cancellation, (b) To Payor Otherwise Settle With Parties Other than the Insured or With the Insured Claimant. Ii) to payor otherwise settle with other parties for or in the name of an insured claimant any claim insured against under this policy, together with any costs, attorneys' fees and expenses incurred by the insured claimant which were authorized by the Company up to the time of payment and which the Company is obligated to pay; or Iii) to payor otherwise settle with the insured claimant the loss or damage provided for under this policy, together with any costs, attorneys' fees and expenses incurred by the insured claimant which were authorized by the Company up to the time of payment and which the Company is obligated to pay, Upon the exercise by the Company of either of the options provided for in paragraphs (b)(i) or (iil, 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 Liabilitv 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: Ii) the Amount of Insurance stated in Schedule A or, (ii) the difference between the value of the insured estate or interest as insured and the value of the insured estate or interest subject to the defect lien or encumbrance insured against by this policy. (b) The company 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 on a pro r:ta ;~SiS~S if the amount of insurance under this policy was divided pro rata as to the value on Date of Policy of each separate parcel to the whole, exclusive of any improvements made subsequent to Date of Policy, unless a liability or value has otherwise been agreed upon as to each parcel by the Company and the insured at the time of the issuance of this policy and shown by an express statement or by an endorsement attached to this policy, 9. Limitation of Liability. (a) If the Company establishes the title, or removes the alleged defect, lien or encumbrance, or cures the lack of a right of access to or from the land, or cures the claim of unmarketability of title, all as insured, in a reasonably diligent manner by any method, including litigation and the completion of any appeals therefrom, it shall have fully performed its obligations with respect to that matter and shall not be liable for any loss or damage caused thereby. (b) In the event of any litigation, including litigation by the Company or with the Company's consent, the Company shall have no liability for loss or damage until there has been a final determination by a court of competent jurisdiction, and disposition of all appeals therefrom, adverse to the title as insured. (c) The Company shall not be liable for loss or damage to any insured for liability voluntarily assumed by the insured in settling any claim or suit without the prior written consent of the Company. 10. Reduction of Insurance; Reduction or Termination of Liability. All payments under this policy, except payments made for costs, attorneys' fees and expenses, shall reduce the amount of the insurance pro tanto. 11. Liability Non-cumulative, It is expressly understood that the amount of insurance under this policy shall be reduced by any amount the Company may pay under any policy insuring a mortgage to which exception is taken in Schedule B or to which the insured has agreed, assumed, or taken subject, or which is hereafter executed by an insured and which is a charge or lien on the estate or interest described or referred to in Schedule A. and the amount so paid shall be deemed, a payment under this policy to the insured owner. 12. Payment of Loss. (a) No payment shall be made without producing this policy for endorsement of the payment unless the policy has been lost or destroyed, in which case proof of loss or destruction shall be furnished to the satisfaction of the Company. (b) When liability and the extent of loss or damage has been definitely fixed in accordance with these Conditions and Stipulations, the loss or damage shall be payable within 30 days thereafter. 13. Subrogation Upon Payment or Settlement. (a) The Company's Right of Subrogation. Whenever the Company shall have settled and paid a claim under this policy, all right of subrogation shall vest in the Company unaffected by any act of the insured claimant. The Company shall be subrogated to and be entitled to all rights and remedies which the insured claimant would have had against any person or property in respect to the claim had this policy not been issued. If requested by the Company, the insured claimant shall transfer to the Company all rights and remedies against any person or property necessary in order to perfect this right of subrogation. The insured claimant shall permit the Company to sue, compromise or settle in the name of the insured claimant and to use the name of the insured claimant in any transaction or litigation involving these rights or remedies. :.. - - ~ ~ _ -- 0;;:-.. '\.- If. a payment on 'ccount of a claim does not fully cover the loss of the insured claimant, the Company shall be subrogated to these rights and remedies in the proportion which the Company's payment bears to the whole amount of the loss. If loss should result from any act of the insured: claimant, as stated above, that act shall not void this policy, but the Company, in that event, shall be required 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, I I CITY OF CLEARWATER Interdepartmental Correspondence Sheet TO: Cynthia E. Goudeau, City Clerk FROM: Miles A. Lance, Assistant City Attorney ~ RE: DATE: City's Purchase of 1370 Jeffords (Cole) 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 161380 issued by Old Republic National Title Insurance Company Copy of the Statutory Warranty Deed Copy of Survey Copy of Termite Inspection 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 I C011111^C I I 011 :;M.E MW I'UIICII~SE I r~..c"!!(': PARTIES: 01 (Phone /, /1 2 /, 939 I and City of C earwater, Florida, a Florid~ Municipal Corporatiqn r'~-l 0/ P.' O. Box 4748, Clearwater, Florida 34618-4748 (phone 462-6042 J hr.reby agree Ihat lho Seller shall sell and SlIyer shall buy Ihe following real properly ."Relll ['roperly") Ilnd parr-onal proporly ("Personally") (collecllvely TrOperIY") upon Ihe folloY/lrY, lerms end condilions. whIch INCLUDE Ihe Slondards lor Rp'''' Es'''''! TrOl\s"cllons ("Slllndmd(sr) prlnled on Ih" reverse or ollnched ond eny Riders on Addonda 10 Ihls Inslrument I. DESCRIPTION: ' ' ' (a) Legal descrlpllon or Real Properly localed In pinellas Counly,Florlda: Lot 1, PARKWOOD SlJRDTVTSTON 5TH ADDITION, according to the ma{> or plat thereof as recordpd in P1Rt Book 64, Pilgp ?'7, of thp Public Records of pinellas County, Florida, to~pthpr with 1'111 imrro'~mpnt~ .thprpnn ~nA tppre;n (b)' Slreetaddress,cily,zlp,o;lheProperlyls: 1370 Jeffordfl Strppt, C1p:1TW:1tpr),..l 1L..hlh-L..,171 (<;:) Personally: All' appliances, draperiea.. c:lrppting, winnow trp:1tmpnt~, 1 anrlClrap;pg, :lll "ttachments, fixt~irp~ -"nrl'fl1rni~hing~ 01'HFR 1'HAN1'FNAN1' O\'1NFD All 5lpplianc'eCl, heating :lnd cooling systpmc:, !36i-If~A ngo~d~~Pt)9rt[j9ar~rMp~~ti8W'fhoif; E8rl~~oh~~~; r r"'9rr;>rt iue p ard,.,,,ril to be 1n proper puncHAs€PRICE . ..,......... ............................. .:...................;......................................... .......... ...... ....... ............. $ q n ,nnn 00 PAYMENT: N/ A N/ A (a) Deposll(s) \0 be held In escrow by , In Ihe omounl or ,. $ (b) Additional escrow deposll wllhln N I A days oller Ellecllve Dale In Ihe amollnt 01 ...................................;.......:........ $ 'NI tl (c) SubJecllo AND assumption 01 morlgage In good slandlng In lavor 01 ' N / A having an approxlmale present principal balance or ., $ tJ I Ji. (d) Purchase money morlgage and nole bl!llrlng annuallnleresl al N I A '4 (see Addend.um) In amount 01 .................................. $ Nt A (e) Other: N I A $ Nt A- If) Balance 10 close (U,S. cash, LOCALLY DRAWN certilled or cashiers check), subledlo adillslmenls and prorallons ........................... $ 90,000 00 Ill. - TIME' FOR ACCEPTANCE; EFFECTIVE DATE; FACSIMILE: II Ihis oller Is nol executed by and delivcred 10 all par lies OR FACT OF EXECUTION communlcaled In wriling belween Ihe parlles on or belore PFR ADDFNDllM ' , Ihe deposit(s) ",ill. al Buycrs option: be relurned 10 Suyer arid Ihls ollcr wilhdrnwn. A lac sImile copy 01 Ihis Contract lor Sale and Purchase ("Conlract") and any slgnalures hereon shnll be consldcred for all purposes as originals. The dalfl 01 Conlracl ('"Ellecllvll Date'") will be Ihe dala when the lasl one or Ihe Buyer and Seller has signed Ihls oller. , NANCINO: THIS PARAGRAPH NULL & VOID AND OF NO EFFECT. II. rice or OilY ml of It is 10 be llrinnced by a Ihird.pnrty lonn, Ihis Conlrad Is condilloncd on Ihe Buyer obtaining a wrl1len commllmenl ror ICHECK (I) a 'an edluslable or (3) 0 a IIxed or adjllslahle rote loan wHhin_ dnys aller Ellectlve Dale al an Inl1lallnleresl role nol 10 exceed_ 'Yo. lerm or years and for I e nmounl 01 $ , . BlIyer will make application wllhln days oller Ellecllve Date and use reasonable diligence 10 obtain Ihe loan commitment nnd. 10 mcol Ihe terms and condilions 01 Ihe cornmilment ,and close Ihe Io'-ln. Buyer sholl pay all loan expenses. II Buyer lails 10 oblain Ihe commitmenl or lails 10 waive Buyers nil Ihis subparagraph wllhin Iho time lor oblalnlng Iho cornmllmenl or oller diligenl ellort fails 10 meel Ihe lerms and condilions 01 Ihe commilmenl, then eilher party Ihcrealler y ",rlltcn notice 10 lhe olher may concel lhe Contrad and Buyer shall be refunded the deposil(s), lb) The ~xls\ing mortgage described In Paragraph lI(c) above has .CIIECK (I) or (2)): rlable Irllaresl rale or (2) 0 e IIxed Inleresl rale 01 '1'. per annum. . AI lime of lille lransler some IIxed Inlercsl rales are subjecl 10 Increase. II Increased, the rate shall (lot excee 'Y. per annum. Seller shall, wilhln days III\~r Elleclive Dole, lurnlsh stnlements from all mortgogees slallnll principal bnlonces~ method of payment, Inleresl role a morlgAges, II Buyer has agreed 10 assume B morlgoge which requires approval 0/ Suyer by Ihe mortgagee lor assumpllon, Ihen Buyer shall promplly oblaln all required appllca will diligenlly complele and relurn Ihem 16 Ihe morlgagee. Any morlgagee charge(s) nollo exceed $ shall be paid by (lr not f1l1e, divided). If Buyer Is nol accepled by morlgagee or Ihe reQulremenls lor esslImplion arb nol In accordance wilh the lerms 01 Ihis Conlracl or morlgagee makes a charge In ('xcess 0 d amount. Seller or Buyer may rescind Ihls Conlract by prompt wrlllen nollce 10 Ihe olher parly unless eilher elects 10 pay Ihe Increase In Interest role or excess morlgagee c . 15 BUYER'S 'I v. TITLE EVIDENCE: At least clays belore closing dale. Seller sholl, at srolB(JC:, expense. deliver 10 Buyer or Buyer's allorney. In accordance wilh Slandard ^.. (CHECI< (1) or (2)): (1) 0 abslract or lille or (2) WIllie lnsurnllce commit men I and, alter closing, owner's policy or II lie Insurance, VI. CLOSINO DATE: This transacllon shall be closed and Ihe dced and ollll'r closing papers delivered on PER ADDENDUM . unless extended by olher provisions or Contrad. VII. RESTRICTIONS; EASEMENTS: LIMITATIONS: Buyer shnlllAke lille sut)jecl to: zoning, reslrlctions, prohiblllons and olher rl!Qulrementslmposed by governli,cntal authorily; rashlctions and mailers appearing on Ihe pial or olherwlse cOmmon 10 Ihe subdivision; public uWily easemenls 01 record (easemenls are 10 be localed conllguous 10 Real Properly lines and ml more than 10 leel In wldlh a9 10 the rear or lronl lines and 7'h leel in widlh as 10 the side lines, unless olherwlso slated herein); laxes lor year 01 closing and subse.went years; assumed mortgages and purchase money mortgagcs, II any: olh!!r: Sell e r s h a 11 pr ovi d p tit 1 pins 11 r -'Ill r p firm with or; 8 i n -" 1 rl p p rl from Danny L. Cole & Susan C. Cole conveying title to Selle'r for rp.cordinf': on PlIh1ir 'Rf'rOrnfl :provld~d, Ihalthere ex IsIs al closing no vlolallon or Ihe roregoing ond none 01 Ihem prevenls use 0/ Real Properly ror Res i den t Ii a 1 & Pub 1 i c purpose(s). VIII. OCCUPANCY: Sellor warrants Ihal Ihere are no porlles In occupnncy olher Ih:", Seller; bul. II Properly Is intanded 10 be rented or occup19d beyond closing, Ihe loci and lerm9 Ihereol shall be slalnd herein and Ihe lenanl(s) or' occupanlsdisclosed pursuenl 10 Slnndnrd F. Seller ogrees 10 deliver occupancy 01 Properly 01 lime 01 closing unless otherwIse staled herein. II occupancy Is to be delivered belore closing, Suyer assumes all risk 01 loss 10 Properly from dole or occupancy, shall be responsible and liable lor mainlonance Irom thai dote, and shall be deemed to have accepled Property In lis existing condilion as 01 lima 01 laking occupancy unless olhorwise slaled herein or In a separale wrlling. IX. TYPEWRITTEN on HANOWRITTEN pnOVISIONS: Typewriltcn or handwrillen provisions shnll conlrol:lll prinled provisions 01 Conlraclln confllcl with them. X. RIDERS: (CHECI< II any 01 Ihe rollowlng Riders are appllcabla ond are allached 10 Ihis Conlr:lcl): (., 0 COASTAL CONSTRUCTION CONTROL LINE mom (c) 0 F<mEIGN INVESTMENT IN ilEAL rnOrEmV TAX ACT RIDEI1' (b) 0 CONOOMIt.UUM RIDER (d) 0 INSULAtiON niDER . (0) 0 FIIAfV^ RIDER (I) 0 OTIIER: XI. ASSIONASILlTY: (CHECK (I) or (2)): Suyer (1) 0 may assign or (2) a may nol :lsslgn this Contract. XII; SPECIAL CLAUSES: (CHECK ( 1) or (2)): Addendum (1) QJ: Is allnchod or (2) 0 Iho'll is no ^ddendum. XIII. TIME IS OF THE ESSENCE OF nus CONTRACT, BUYEn'S IHITI^lS XIV. DISCLOSURES: Buyer ot ecknowledges or 0 does not acknowledgo receipl ollhe~/radgn/compensellon and esllmaled closing cosls disclosures...' THIS IS INTENDED TO BE A LEGALLY BINDING CONTRACT. IF NOT FULLY UNDERSTOOD, SEEK 'THE ADVICE OF AN ATTORNEY PRIOR TO SIGNING. THIS FOnM H^S SEEN APpnOvED BY THE FLOnID^ ASSOCIATION OF REALTORS AND THE FLORIDA B^R. /lwovol does nor consriluto 91l opinion IlIar /lny 01 tlla tenns ond conditions in tllis Con/rocl sllollld b9 accepted by /110 pariles In 8 parl/clllar IIansacl/orl. Terms ond condilions sllould bo negol/atad bllsad IIpon tllo raf-(Jecrivo intarosls, ob vcs ;md bafTJalning posiflons 01 oil Inlerested persons. COPYRIGHT 190 10Y THE FLORIDA OMI AND THE RIO ASSOCI^T10N OF RE^LTO Vg --------------- ~1t"/f'l Manager. s1/t,!f'l ~ !IlL jr; 'I I, ' S.//r,/fy D<ltc :-.Git~t'A...torney r. r ,SciclalSecurityorTaxl.O." Ivcd; IFOTHt:n THAN CASH, THEN SUBJECT TO CLEARANCE. COMPLETE THE ONE APPLICABLE) By: , EtlT IS CUnnEf!!LY IN EFFE~ ' ' ~'ned Oiiiow, including cooperallng sub.agenls n"",,,d, nccordinll 10 t~)orms 01 on exlsllng, sepnrale f1sllng agreement: ' Dnle 11$/0", I . " CITY OF CLEARWATER ll:1tc Sociol Sccllrily 0-' Tax 1.0. , Dahl Dale N/A N/A (Escrow Agenl) OR o IF NO LISTING AOREEMENT IS cunnE . FECT: Seiler agrees 10 pay Iho Broker named below; anImo 0 rn Iho dlsl'urscrnenls 01 Iho proceeds ollho sale. compensollon In Ihe amounl of (COMPLETE OtlLY OrIE) _ 'I. o( gross purchase price or 5; for Broker's serVIce, 'ling tho sol" by finding the Duyer roady, willing and eble to purchase pursuanl 10 Ihe lore going Contract. II Suyer lolls to perform and dr.posll(s) ts relalned. 50'Y. Ihereol, bllt not axcep. . oller's roe ~bovn provided, sholl be paid Orokor as lull con91dor;.\l00 for Broiler's servIces, Including costs expendod by Broker, And Ihe bolanco shAll bfl pnld 10 Sr,lIflr. II Ih" trnnsaclo c10ge because or r"rusal or failllra ot Seller 10 perl",m. Seller shnll pay Ihe lull lee 10 Broker on d~'"a,xl. In Any IItlgollon arising oul 01 lho Controcl concerning Iho Droker's leo, \ho . arly shall racover reasonnble ollorney's lel!9 ond co~I.. Oy: ___. ttHI\l\olltcd ";..iqll!'tf'l( Y) (Ii"n ,,,,,,,e 01 rr.:i:.'Q 1\'O~p'r) fly: __..,_._ __..__._____._ __._.______ (:Hllh'lllU,,1 "'(J,.,;\l,llyl . Ili,m nnm~ 01 li,lin<;j f1,,)~.cr) STl\NDARDS FOR REAL ESTATE TRAtJSAfTIONS A. EVIDENCE OF TITLE: (I) An abstracl of tllle prep, _d or brou{l"1 cur;enl by e repulable and exlsling obshact (in lif nol existing Ihen cerlilied es correct by on existing lirm) I IXrrporting to be an accurale synopsis of Ihe inslrumenls eflectino lille to Ihe Real Proporly .ecorded In lhe public records of lhe counly wherein Real Properly I. locoled IhrolOgh Effective Dale and wl)lch shall commence with lhe earllesl public records, or such laler dale as may be customary In Iha counly. Upon closing of. Ihls Iransaction, the obslracl shall becomo the properly of Buyer, subjecl 10 Ihe right 0' relenlion Ihereof by firsl mongagee unlil lully paid. (2) A IIl1e Insurance commllmenl Issued by a Florida licensed lille Insurer ogreeing 10 issua to Buyer. upon recording 01 lhe doed 10 Buyer, all owner's policy 01 lille Insuronco In Ihe amounl of the purchase price Insuring Buyer's IIl1a to the Reaf Properly, subject only 10 liens, encumbrancos, excepllons or qualificallons sel forlh In Ihis Conlracl and those which shull be discharged by Seller 01 or belore closing. Seller shall convey marketable IIl1e subJecI only 10 liens, encumbrances, excepllons or qualifications spedlied in Ihe Conlrac\. Markelable IIl1a shall be del ermined according 10 applicabla Tille Slandnrds adopled by eulhority of The Florida Ber end in accordanco wllh law. Buyer shall havo 30 days, II Obslrocl, or 5 days, II fille commllment, Irom dale 01 receiving evidence 01 hlle 10 examine II. \I 1I11e Is found dele clive, Buyer shall, within 3 days. nolil)' Sell or III wriling sp{,cilylnll dolecl(s), \I Ihe dcl\!cllsl IUnder lille ul\loarkelable. Sell&r will h;,ve 120 days l'oJm receipl 01 nolica wllhln which 10 remove Ihe defecl(s), lalllng which Buyer shall have fhe oplion 01 eilher accepling Iha Iillo os II Ihen is or demanding a relund 01 deposil(s) paid which shalllmmedlalely ba relurned 10 Buyar; Ihereupon, Buyarand Seller shaU release ono anoll1er 01 all lurlher obllgalions under Ihe Conlracl. Seller shall, II Iille is found unmarkelable, use diligenl ellort to correcl delectls) In Ihe 1Il1e wllhin Ihe lime provided Iherelor, Including Ihe bringing 01 nocessary sulls, ' B, PURCHASE MONEY MORTGAGE; SECURITY AGREEMENT TO SELLER: A purchase money morlgageand mortgage nole 10 Seller shall provide for a 30.day grace period 'n Ihe evenl 01 default iI a IIrst morlgage and 0 15"-day grace period II a second or lessel morloage; shall provide lor rlghl 01 prepaymenf In whole or In pari wilhoul ponally; shall nol permil acceleralion or Inleresl adjustmenl in evenl of resale' 01 Raal Properly; shall reqlliro ell prior liens and encumbrances 10 be kepi In good slanding and forbid modificalions 01 or lulure odvances under prior morlgage(s); end Iho morlgage, nole and, securlly agreom(1nl shall bo olherwise In form and conlenl raqulred by Seller; bul Seller may only require clauses cuslomarlly found in morlgages, morlgage noles and securily agreemenls generally ulillled by savings end loan InsliluliollS or slale or nalional banks localed In Ihe counly wherein. Real Properly Is loceled. All Personally and leases being conveyed or assigned will. 01 Seller's opllon, be subjecI 10 Ihe lien 01 a securily agreement evidenced by recorded financing stalemenls, II a balloon mortgage, Ihe final paymenl will exceed Ihe periodic payments Ihereon, C. SURVEY: B~'er, at Buyer's expense". within lime allowed 10 deliver evidenco of IIl1e ami 10 examine came, may "ave Real Prop6rly surveyed and cerlilied by a reglslered Florida surveyor. II survey shows encroachment on Reol Properly or Ihal Improvemenls localed on Ileal Properly encroach on selback lines, easemenls, lands of olhers or violate any reslriclions, Conlrecl covenanls or applicable governmenlal rogulalloo, the some sholl conslllule a IIl1e delecl, ' 0, :TERMITES: Buyer. at Buyer's expense, wllhln lime allowed 10 deliver evidenceo! \ille and 10 examino same, may hRve Real Properly Inspecled by a Florida Cerlilied Pest Conlrol ()peralor 10 dotermlne II lhere Is any visible aclive lermlle Inleslallon or visible oxlsllng damage Irom lermilo It,feslalion It, !he Improvemenls. II eilher or bolh aro lound, Buyer will have ~ days Irom dale of wrillen nollco lheieof wilhln which 10 have all damages, whelher vislhle or nol, Inspecled and osllmaled by'o IIcensiid"Ill,i1der or general 'conlraclor. Seller shall pay valid cosfs 01 trealmenf lind repair of all damage up 10 2'1. of purchase price, Should such cosls eMceed Ihal amount, Buyer sholl havelhe oplion 01 cancelling Conlracl wilhln 5 days slIer receipt 01 conlraclor's repair esllmole by giving wrillen nolice 10 Seller or Buyer may eleel 10 proceed wl\h Ihe transocllon, In which evenl Buyer shall receive a credil al closing of an amounl eQtJal 10 Ihe lolal 01 Ihe treolment and repair esllmale nol In excess or 2'1'. 01 Ihe purchase price. "Termlles. shall be deemed 10 Include all Vlood deslroylng ,organisms required 10 ba reporled under Ihe Florida Pesl .conlrol Ac\. ' E. INGRESS AND EORESS: Seller warranls and represenls Ihat Ihera Is Ingress and eoress to Ihe Real Properly suWdenl lor Ihe Inlenl;led use as described In Poragrap" VII heleol, lille 10 which Is In accordance wilh Slondard A, . ':' F. LEASES: Seller sholl. not less Ihan 15 days be fora closing, furnish 10 Buyer copies 01 all wrillen loases and esloppellellers from each lenant specifying Ihe nature and durallon of 1118 'Ietianl's occupancy; .renlal ralas, advanced renl and securily doposits paid by lenan\. II Seller Is unable 10 obl~ln such leller Iro'm each tenenl, Ihe same Inlormalion shall be 'Iurnlshed by Seller to Buyer within thet time period In the form 01 0 Seller's aflidavil,'ancl Buyer may IhO/cnller conlact lenanls 10 conlirm such Informalion. Sellar shall, at closing, deliver and assign all original leases to Buyer, . .. G. LIENS: Seller shall fur~lsh to Buyer at lima 01 closing an aUidavl\ Rllesllng 10 Ihe absence, unless (,Iherwlse provided ror herein, 01 any financing slalements, claims 01 lien or polenliallienors known 10 Seller and lurlher allesling Ihal Ihere havo been no Improvemenls or repairs 10 I"e Properly ror gO days immedial~ly preceding dale or closing, II Properly has been Improved or repaired wilhln Ihal lime, Seller shall deliver releases or waivers 01 mechanics' liens execuled by all general conlraelors. sul:icOnlraclors, suppliers and malerialmen In addilion 10 Seller's lien allidavll selling lorlh Iha names of all such general conlraclors, Subcolllrnclors, suppliers and malerialmen and lurlher allirming Ihal all charges lor Improvemenls or'repairs which could serve as Ii basis lor a mechanlc's lien or a claim lor damages have been paid or will be paid 01 closing ollhis Conlracl. H. PLACE OF CLOSING: Closing shall be held In Ihe county wherein Ihe Real Properly Is localed al I"e ollico ollha allorney or olher e10sing agent deslgnaled by Seiler. I. TIME: Time periods herein of less Ihan ,6 days shall,ln' Ihe compulallon exclude SoiurrJays, Sundays' and slale or nallona'j legal holidays, and any lime period provided for herein which shall end on Saturday, Sunday or a legal holiday shall exlend 10 5:00 p,m. 01 Ihe nexl business day. J, DOCUMENTS FOn CLOSING: Seller shalllurnish tha deed, bl11 of sale. mechanic's lien ollidavll, asslgnn'enls or leRses, lenanl and morlgagee esloppellellers and correclive Inslrumenls, Buyer shalllurnlsh closing Slalemenl, morloage, morlgage nolo, socurily ogreemenl nnd IInancing slalemonls, , K. EXPENSES: Documenlary slamps on Ihe deed and recording correclive Inslrumenls shall be paid by Seller. Documenlary slamps, Infangible lax and recording purchase money morlgage 10 Seller, deed and financing slatemenls shall be paid by Buyer. ,,' L PRORATIONS; CREDITS: Taxes, assessmenls, renl, Inleresl, Insurance and olher expenses and revenue of Properly shall be proraled ihrOllgh day beloro closing, Buyer shall have Ihe oplion 01 laking over any exisling policies 01 insurance, if assumable, In which evenl premiums shall be rroraled. Cash at closing shall be Increased or decreased as may be required by proralions. Proralions will be made Ihrough day prior 10 occupancy \I occupancy occurs bolorl! closing, Advance lenl al\d securlly dl!poslls will be crediled 10 Buyer and escrow deposils held by mortgagee will be crediled 10 Seller, Taxes, shall be proraled based on Ihe ,currenl year's lax wilh due allowanca made lor maximum allowable Iliscounl homeslead and olher exemplions. II closing occurs al e dale when' Ihe cUllenl year's millage Is noi, liy-ed and curren I year's assessment 15 available, laxes will be proraled based upon such assessment and Iha prior year's millage. \I current year's assessment Is nol available; Ihen laMes will be prora'ed on the prior year's lax. " Ihera are compleled Improvemenls on Ihe Real Property by.January Isl 01 year 01 closing which Improvemenls were nol In exislence on January lsl 01 tha prior year, than taxes shall be proraled based upon Ihe prior year's millage and at en. equilable assessment 10 ba agreed upon belween Ih\! par lies, lalling which, requesl will be made 10 Ihe Counly Properly Appraiser lor an Inlormal assessmenl taltlng Inlo conslderalion available exemplions. Any lox prorallon based on on eslimale shall, 01 reQuesl of ellher Buyer or Seller, be subsl'Quenlly readjusted upon receipl or lax bill on cohdilion lhat a slalemenl 10 Ihal eflect is In the closing slolemenl. M. SPECIAL ASSESSMENT LIENS: Certilied, conllrmed and ralilled special assessment liens as 01 dale of closing (nol as of Elleclive Dale) are 10 be paid by Seller. Pending liens as of dale 01 closing s"all be assumed by Buyer. II Ihe Improvemenl has been subslanlially compleled os 01 Ellecllve Dale, such pending lien shall be considered cerlllied, conlirmed , or ralifled.and Seller shall, al closing, be charged an amounl equal 10 Ihe 1051 eslimale 01 assessmenl lor Ihe improvemenl br I,he public body, N, INSPECTION, REPAIR AND MAIIHENANCE: Seller warranls Ihal, as of 10 days prior 10 closing, Ihe ceiling, roof (Including the fascia and solllls) and exlerior and Inlerlor v::-!Is, 'seawalls (or eQulvalenl) .anil dockage do nol have any VISIBLE EVIDENCE of lealls, waler damage or slructural damage and Ihal Ihe seplle lank, pool, all appliances, mech6l'i::al lIems, healing, cooling, electrical, plumbing syslems and mac"lnery are In WORl<ING CONDITION. Buyer may, al Buyer's expense, have Inspeclions made 01 lhose lIems by a IIrm or Individual specializing in home Inspections end holding en occupRllonal license lor such rurpose (if required) or by an approprlalely licensed florlda contraclor. Buyer shall, prior 10 Buyer's occupancy or nol less Ihan 10 days prior to closing, whichever occurs flrsl, reporl In wriling 10 Seller such ilems lhal do nol meel Ihe above slandards as 10 delecls. Unless Buyer reporls such derecls within Ihal lime, Buyer shall be deemed 10 have waived Seller's warranlies as 10 derects nol reporled. If repairs or replacemenls are required, Seller shall cause such repairs 10 be made and shall pay up to 3'1. or Ihe purchase price lor such repairs or'replacemenls as may be required In order 10 place such Ilems In WORKING' CONDITION. If Ihe cosl for such repairs or replacemenl eMceeds 3% of Ihe purchase price, Buyer or Seller may elecl 10 pay such 'excess, laillng which ellher parly may cancel , , Ihis Conlract. If Seller is unable to correcl Ihe delecls prior 10 closing, Ihe cost Ihereofshall be paid 'nlo escrow al closing, Seller will, upon reasonable nollce, provide ulililies service , and access to Ihe Properly for Inspecllons, Including a walk.lhrough prior 10 closing, Bel ween Effeclive Dahl and Iha dale 01 closing, except lor repairs required by Ihis Slandard, Seller shall malnlain Properly, Including, bul nollimiled 10, Ihe lawn and sl"ubbery, in Ihe condilion herein warranted, ordinary wear and lear axcepled. O. RISK OF LOSS: \I Ihe Properly Is damaged by fire or olher casually bel ore closing and cosl 01 resloralion does nol eMceed 3% of Ihe assessed valuallon of Ihe Properly so I damaged, cost 01 reslorallon shall be an obligalion of Ihe Seller ,and closing shall proceed pursuanl 10 Il1e lerms 0/ Conlracl wllh reslorallon coslS escrowed at closing, II Ihe co 51 , ., 01 resloralion exceeds 3'1'. of Ihe essessed valualion 01 Ihe ,improvemenls so damaged, Buyor shall have Ihe oplion 01 ellher lalllng Properly as Is, logelher with eilher Ihe 3'.';' or any insurance proceeds payable by vlrlue 01 such loss or damage, ,or 01 cancelling I"is CO'llrae! and receiving relurn 01 deposH!s), P. PROCEEDS OF SALE; CLOSING PROCEDURE: T"e del!d shall be recordod upon dearance of lunds, II libslracl. evidence of Iii Ie shall be conlinued at Buyer's e~pense 10 ~ho'Y Iille in Buyer, wllhouf any encumbrances or' change which would render Seiler's lille unmarkelable lrom Ihe dale 01 Ihe lasl evidence. Proceeds 01 Ihe sale, shall be held In oscrow by Seller's allornoy or by such olher mulually acceploble escrow ogenl !or a period 01 nol longer l"an 5 day. 'rom end ellor closing dale. II Sollor's lilIo Is rendored unonarkelable, through no 'aull 01 Buyer, Buyer shall, wllhln Ihe 5.day period, nolify Seller In wrlllng 01 Ihe delecl and Seller shall havo 30 days from dale 01 recelpl of such nollflcallon 10 cure Ihe defec\. II Seller lails to IImely cure Ihe delecl, all deposllls! and closing 'unds shall, U(lon wrillen demand by Buyer and wilhin 5 days aller demand, be relurned 10 Buyer and slmullaneously wllh such repaymant, Buyer shall relurn PersonaHy and vacale Properly and reconvoy II 10 Sellor by special warranly doed. II Buyer fails 10 make IImely demand for relund, Buyer shall lake IIl1e a's Is, waiving oil righls egalnsl Seller os 10 eny Inlervenlng dolecl excepl' as may be available 10 Buyer by vlrlue 01 warrBnlles conlained In Ihe d'!ed, \I a porlion 01 Ihe purchase price Is to be derived Irom Institulional financing or relinancing, reQuiremenls. 01 Ihe lending Inslilullon as 10 place, lime of'day andprocedures for closing, and for disbursement 01 morlgage proceeds shall conlrol over conlrary provisiop In Ihis Conlracl. Seller shall have Ihe righl 10 require Irom Ihe lending Inslllullon a writlen commilrnenl Ihal il will nol wilhhold disbursemenl 01 morlgage proceods as 0 resull 01 any Iille delecl allribulable 10 Buyer-Inorlgagor. The' escrow and closing procedure required by Ihis Slandard may be w~ived If Iille agenllnsuras edverse mailers pursuanllo Section 627.7841, F,S. (1989), as amended, . a, ESCROW: Any escrow agenl ("Agenl") receiving lunds or eQulvalenl Is aulhorlzed and agrees by acceplance of Ihem 10 deposll Ihem promptly, hold same In escrow and, suhjecl 10 clearance, disburse Ihem In accordance wilh lerms and condilions of Conlrncl. Failure of clearance of funds shall nolexcuse Buyer's perlormance, II in doubl as 10 Agent's dulies or liabilities under Ihe provisions 01 Conllacl, Agenl may, al Agent's oplion,conllnue 10 "old, Ihe subjecl mailer of Ihe escrow until the parlles mulually agree 10 ils disbursemenl or unlil a judgment of a courl 01 compelenl jurisdicllon shall delerminell1e rlghls 01 the pMties or Agonl may deposil same wilh Iho clerk of Ihe circuli court having Jurisdiction , of Ihe dispule. Upon nolilyino all par lies concerned 01 such aCllon, all Iiabilily on Ihe pari or Agenl shall lully lerminale, excepl 10 the ex lent 01 occounling lor any ilems previously delivered oul of escrow, II a licensed real eslale broker, Agenl will comply wilh provisions 01 Chapler 475, F,S, (1989), as amended. Any sull belween Buyer end Seller wherein Agenl is made a party because 01 acting as Agenl hereunder, or In any sui I wherein Agenl Inlerploads Ihe subjecI mailer 01 Ihe escrow, Allent, shall recover ~easonoblo allorney's lees and cosls Incurred wilh Ihe lees and cosls 10 be paid Ironl and oul 01 Ihe escrowed IlInds or equivalenl and charged and awarded as 90l/rl co~ts 1n lavor or l~e prevailing parly. Parties agree thai Agenl shall not be liable 10 any party or person lor misdelivery Iq Buyer qr Seller 01 ilems subjecl 10 Ihi!f escrow, \1n\c~'5UGh ml~C/eljve,y Is, tlue 10 willlul breach of Ihis Conlract or gross negligence of Agent. ' .' '.. ' . .~ . . . R. ATTORNEY'S FEES; COSTS: In any litigalion arising oul of Ihis Contract. Ihe prevailing parly in such liIigalion which, lor Iha pUil'OS1!S or Ihl!;, Slandard, $1Jl!lIi:oc'u<le Seller. Buyer, lisllng broker, Buyer's broker and any subagenls 10 Ihe lisllng broker or Buyer's broker, shall be enlilled 10 recover reasonable ollorney's 'p.J!s and c~~I:';":, . '...;. ' S. FAILURE OF PERFORMANCE: II Buyer lalls to perlorm Ihls Conllncf within Ihe limo snucified. includiny pnymenl 01 all deposiils), Ihe crnpnsiltsl paid by. ~rand de(lOsll(s) agreed 10 be paid, may ba relalned by or lor Ihe aceounl 01 Seller os agreed upon liquid;,led d",nages, considernlioll lor Ihe e'ecl~ion 01 Ih!5.Conlr':rCI nnd In:f\!!!- 5011lemenl 01 any claims; whereupon, Buyel' and Seller .shall be relieved 01 all obllgallons under Conlracl; or Seller, al Seller's opllon, may proceed in elf_lity la, ell.!orce Seller's righrs,~der,lhis Conlracl. II, lor any reason olher Ihan lall.ure of Seller 10 make Seller's lille markelable aller dilioenl ellorl. Seller fails. neglucls or reluses 10,peo:form lllis' Conlr.act, Ihe B~'Y,.....may seek specllic perlormance or elecllo receive Ihe relurn or Buyer's deposil(s) Vlithoul thereby waiving any aclio,I.Ior damages resulling 'rom Seller's lJteliCh. T. CONTRACT NOT RECORDABLE; PERSONS BOUND; NOTICE: Nellher Ihis Conlracl, nor any nolice 01 II, shall be recorded In any. public records. TI)i& ,Cootracl s"all bInd and Inure 10 Ihe benelil 01 Ihe parlles and Iheir succossors In Inleresl. Whenover Iho conlexl per mils, singlllar shall include pluml and one gender shall. blCtu~ all, Notico given by or 10 Ihe allorney lor any parly shall be os ellecllve as il given by or 10 Ihal parly. - . U. CONVEYANCE: Sellar sholl eonvey 11110' 10 Ihe Roal Properly by slalutory warronly, Irusloe's, pe;sonal ..epmsenl/lllve's or guo,di/lll'sdeed"liIS./lPpro[filala 10 Iho slalus of Soller, subject only 10 mallers conlained In Parograph VII and lhose olherwise occeplnd by Buyer. Personally shall, 01 ,equosl 01 Buyer, be Irallslerred by on absolule bill of salo wl1h warranly 01 lille, sublecl only 10 such mailers as may be otherwise provided lor herein. V. OTHER AGREEMENTS: No prior or presenl agreemenls_ru:t,cpreselllalions shall be hinding upon Suyer or S('lIer unless Incllded In Ihis Conlrael. No modilicalion or chanJe In Ihis Conlract shall be valid or binding upon Ihe parlies unless In wnling and eMcculed lJy Iho pOlly or par lies IIIlemli'd 10 bo bOl/nd loy II. ' W. WARRANTIES: Seller warranls Ihol Ihere nreno locls known 10 Seller Il1nlerl;llly "IIecling Ihe vnluc 01 Ih,! Reol Properly whir:h are nol readily observable hy Buyer or which 113\'C!'1\01 been disclosed 10 Buyer. ' , , '1. I ,. ,I !, - . I I ADDENDUM TO THAT CERTAIN CONTRACT FOR SALE AND PURCHASE dated the /t~ day of ~ ' 1994, by and between OPAL C. COLE, a widow (as SE ER), and the CITY OF CLEARWATER, FLORIDA, a Florida Municipal Corporation (as BUYER), regarding property legally identified as Lot 1, 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 pr ice, terms and conditions of Contracts For Sale and Purchase, with all attachments, for properties commonly known as .1364, 1366 and 1368 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, 1366 and 1368 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 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. ,~ I I Page 2 - Contract Addendum: Lot 1, Parkwood Sub. 5th Add. 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. 5) Seller contemplates that this transaction will qualify as an exchange of like-kind property under section 1031 of th~.Internal Revenue Code, and in compliance with the "Starker Exchange" provisions of said Code all sa~e proceeds are to be deposited with an escrow agent o~ Seller's choice at time of closing. 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. 7) METAL UTILITY BUILDING is not included in purchase and shall be removed from the premises by Seller not later than date of closing. ACKNOWLEDGED and agreed as of the day and date first above written. -~c. ~e ~ I' CITY 'OF CLEARWATER, FLORIDA ~ ;,,~- El abet M. Deptula lon im. CitY' l"!~.t)~ger form y Attornp ATTEST: 0. ~ L~~~~4-p",-:- ~ynthi4... E. -- Goude-jlu City Clerk .-00'0 o_oCol~dd.ewb .,..... -----~.:.~_..- , -'k'~, - . L"",." -, SETTLEMENT C H A R G E S 700. TOTAL SALES/BROKER'S COMMISSION: BASED ON PRICE $ @ 0/0= PAID FROM BORROWER'S FUNDS AT SETTLEMENT PAID FROM SELLER'S FUNDS AT SETTLEMENT DIVISION OF COMMISSION (LINE 700) AS FOLLOWS: , 701. $ 10 702. $ to .703. Commission paid at selllement 704. 800. ITEMS PAYABLE IN CONNECTION WITH LOAN: ,; 801. loan' Origination fee % 802. Loan Discount % 803. Appraisal Fee 10: 804. Credil Report 10: , 805. I.ender'$ Inspection fee 806. Mortgage Insurance application fee to , 807, Ass~mptlon fe~ 808, 809. 810. . 811. I . .: " I @ $ Y /day )991; Interes,Urof1'l:i" 902. Mortgage Insurance premium for ;90~. Hazardlnsurance premium for, 904. Flood Insurance Premium for '; 905::.'!:.:':,,::' to mo. to 1 yrs. to I yrs. to 1000. RESERVES DEPOSITED WITH LENDER: 1001. Hazard insurancE! 1002. Mortgage insurance 1003. City property laxes 1004. County property taxes 1005. Annual assessments 1006. Flood Insurance 1007. 1008. months @ $ months @ $ months @ $ months @ $ months @ $ months @ $ months @ $ monlhs @ $ per month per month per month per month per month per month per month er month 1100. TITLE CHARGES: ~O,O(J '/5.00 I.~.O() 1101. Settlement or closing fee to ,Orl S a o. 1102, Abstract or litle search to Coas tal Co. 1103. Tilleexaminalion to COrlstaJ Co. :;:11Q~:.T!tle -,nsuranl;:eblnder to, 1105. Document preparallon 10 {j 1Qli...N~Wy',fees: 10 1107, Attorney's lees 10 (inc/udes above items Numbers: :1,1108.,TllIe Insurance to ' .' 90astal Bonded Title Co. at Clearwater ':;:f~~,,;l;:'~}(fl/nCiud(Js Bpove lIelns,Numbers: .iJ"...'.........~L.-..lc.~....,h."..M"',..~,.., .".., ;" .',1._.,. " 1109. Lender's coverage $ ::nlQ~,~~@'.~coverag~." $ ~U, 000.00 1111. 540.00 'O12!ll: Recording fees: Deed $ 1202. City/county lax/stamps: "gQ~.;,~~~\e t~x1sl~mps:, 1204. ,:1205.: Deed $ Deed $ ; Mortgage $ ; Morlgage $ 630. UU ; Mortgage $ ; Releases $ O.bO lO.~O lO,~(J 630.00 1300, ADDITIONAL SETTLEMENT CHARGES: ~J~~' ~u.iy~Y W;ttf;tt'}~" 1302. Pestlnspeclion to t 1 'ltl3;,j:.'i,;~;:ij :1;;' i :j!\t':) ~ . ~Ll~,.:..t" .~.~ ..J.',.t....,.~i.\.>,.'., .,. ",. 1304. ~.~L~~,.~(~:,::;:~.~:-~:,:.),'1'~~t:t:'~::::';'; 1306. ..:'~~'~:..>.'.: ,',~ . I'....; ," ': -'~: -, ' . '" -"", ' ,),>',_)N:-;'~?: ;1~'.~:'. I ~j30i :~?..,\j,:';t;:J~;/~,<j i~:~;1{'j:F~'< ./ 1400. TOTAL SETTLEMENT CHARGES (Enter on line 103, Section J - and" line 502. Section K) ~ 'iOO.~O b40.~O I have carelully reviewed the HUD.1 Selllement Statement and 10 the best of my knowledge and bellel, it is a true and accurate statement 01 all receipts and disbursements made on my account or by me In this transaction. I further certify that I have received a copy of HUD.l Settlement Statement. CT'rY OF CTYARWI\'l'F.R F'T.nH I nA Borrowers Bv: ~~, ' " Sellers '\ . The HUD.1 Selllemllnt State pt which I ve pr pared is a true and accurate a disbursed In accora~e . his leme t Selllement Agent WARNING: It Is can Include a fin / transaction. I have caused or will cause Ihe funds to be Dale ,]\1 J V 111. 19lJ4 File No. Y4-1'i032 ta ments tothe United States on this or any other similar form. Penalties upon conviction " Till. 18 U.8. co,;~ 1001 00' 8"';00 1010. fl"l"T('l ! .''\'' .,~ " . ,'- lr >,...;IVIL.I ..v ......-.I'v~ ~',- -- A. U.S. DEPARTMENT OF HOUSING AND URBAN DEVE PMENT SETTLEMENT STATEMENT B. TYP OF LOA N I. 0 FHA 2. 0 FMH.... J. 0 CONY U~HNS CONY. INS 1 U.lAN NUMIH.ll 6 Fll.[ HUMUEH" Y4' ,I, '/o:n 6. MORTGAGE INS CASE NO' ::;. 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. "1"~.f;~1X','Y,;~::-;~i ':"',';,','i:::' ,:i":',\ ',' .: -,:'-:'; _' D.,NAM~OF;B.ORROW~R:,q:-CITY OF CLEARWATER , FLORIDA, a Florida Municipal Corporation .:..,.,.....J,),l.',........~,:,h~."i\"..If1\..;!d.l;}~ ,". ,'.'". '11,,.";.,' ,'" , . ',.-' - . ~,':,i6, PD~t:S, ,~",Off.,~,'B'O,~R,O" WE",R",,:,'~,',.,:,:,",',',~~O L: BOX 4'/48" ,.;r\;,~~,~,t.lllt~~.i.\irljfif;,';.;:y,c,; ", " " ' ,,',', , i,x;'ct.lJ~I,"-:,,}.l;l.~:,..,,.:J,~~.;:i;i:': :'~ CLEARWATER, FL 34618-4748 E. NAME OF SELLER: OPAl. C. COLE ADDRESS OF SELLER: 1109 Pineview Avenue Cl earwater, 1"1, :S4bJ b F.NAME OF1~NDEIFi{i . . ":'.' e.;.,:.... ,~-'. ,., ' 1':'"1,. .-.f, ., ..', ">:J"~f."'" '( :';-'. ",.~ .'A[)ORE~q.'9~LEND~R:"i' ' ~,}:::f~.~:~:~t-:?:~;\/;... ~~', ':"~_\'., '\.':~' H. SETTLEMENT AGENT: pLACE OF SETTLEMENT: LOT l, PAH.KWOOD P IF"I'H ADD I 'f ION I:nO ,JrYFOHUS ~T~I';r:T CIJl!:ARWA'I'ER. n,ORTDA 34616 COAS'l'Al. BONDF~f) 'l'l'l'l,E co. OE' CLEARWATER 501 SOUTH FT. HARRISON. SUITE 203 CI.EARWA'l'ER, F'LQRIDA 34616 I. SETTLEMENT DATE: ,Ju 1 v J y, L 9 Y 4 SUMMARY OF BORROWER'S TRANSACTION G. PROPERTY LOCATION: 101. Contracl sales price 102. Personal property .' , 10~.S~lllef!lent ~harges 10 borrower: ,: ".(from.ii~~'.14do):,; 104. 105.,~\' ADJUSTMENTS FOR ITEMS PAID BY SELLER IN ADVANCE: ,Ji?l!:'C;lty/lO'l.'n taxes'; 10 107. Counly taxes to ,_1.0~" !,-,sse~smenls' 10 109. 110.,.: 111. 112, , 90.000.00 401. Contract sales price 402. Personal property 403. 90,000.00 700.50 404. 40S, ADJUSTMENTS FOR ITEMS PAID BY SELLER IN ADVANCE: 406. City/town laxes to 407. County taxes to 408, Assessments to 409. 410. 411. 412. 4'/ ':>.00 , I SOt Excess deposil (see ins/ructions) S02, Selllemenl charges to seller (line 1400) 503. Existing loan(s) taken subjeclto S04, Payoff of first morlgage loan GMAC 505. Payoff of second mortgage loan 506. 1994 'fAXES 507. 'l'r:HM l')'E '1'1-<r:1\')'. CHl':l) J 'J' 508. 509. 640.50 201. Deposit or earnest money 202. prlnclp~1 amountof new loan(s) 203. Exisllng loan(s) taken subject to 204. " , 20S. 206. 207. ')'ERM 1 'n: 'I'REA'I'. CHEll] ')' 208. 209, 4 .an .0:1 '788. '16 I 4'/~.OO to 07/31/94 164.52 ~OO.OO 133.55 ADJUSTMENTS FOR ITEMS UNPAID BY SELLER: 510. ClIyllown taxes to 511. County taxes, to 512. Assessments to S1~EN'r-A 07/20/94 to 07/31/94 51'\)f.:POS] 'J'- A 51fREN'r-B 07/20/94 to 0'7/31/94 516. S17, 518, 519. 520. TOTAL REDUCTIONS IN AMOUNT DUE TO SELLER: 164,52 ~OO.OO 133.55 210. Cllyllown taxes 21J.,90~ntyta.x~s, 212. Assessments '.;:<213iENT,-A07/20/94 to 214)E:POS J 'J'-}\ 21!RENT-B 07/20/94 216. ?17. 218. ;;'219. 220. TOTAL PAID BY/FOR BORROWER: ADJUSTMENTS FOR ITEMS UNPAID BY SELLER: to to 10 0'1131 1 94 301. Gross amount due from borrower (line 120) 302. Lass.amounl paid by/for borrower (line 220) 90, '/00. SO .601. Gross amount due 10 seller (line 420) 1. 'n 3.0'1) 602. Less total reductions in amount due seller (liile 520) 90.000.00 'I.~30.34 I 303. CASH (f] FROM) (0 TO) BORROWER: H 9 , 42'{ . 43 603. CASH (0 TO) (0 FROM) SELLER: ~ H2.46Y.b6 8/89 4 904.398.8615 ~ 5e.4-3538'Ooo.' , r HUD.1 (3.86' RESPA, HB 4305,~ CA 161380 .. * * * (d.,. ~* iC 'f\, . **..*ic 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, eitber 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 tirst occurs, provided that the failure to issue such policy or policies is not the fault of the Company, IN WITNESS WHEREOF, Old Republic National Title Insurance 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 (bl to eliminate exceptions shown in Schedule B, or Icl 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 lor formsl referred to in this commitment will be fumished promptly upon request. OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY A Srock Company 400 Second Avenue Soulh. Mllmeapo/is. Minnesola 55401 (612) 371."" By Pres/den I Allesl Secrelary ORT Form 3229 SCHEDU LE A File No. 94-17032 Commitment No. CA 161380 1. Effective Date: June IS, 1994 @ 05:00 PM 2. Policy or Policies to be issued: (a) ALTA Owners Policy (10/17/92 with Florida modifications) Amount: $ 90,000.00 .** *%~ ic * .. .. *..** Proposed Insured: CITY OF CLEARWATER, FLORIDA, a Florida Municipal Corporation (b) ALTA Standard Loan Policy (10/17/92 with Florida modifications) $ 0.00 Proposed Insured: 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: DANNY LEE COLE and SUSAN C. COLE, his wife 5. The land referred to in this policy is situated in the County of State of Florida, and is described as follows: LOT 1, PARKWOOD FIFTH ADDITION, ACCORDING TO THE MAP OR PLAT THEREOF AS RECORDED IN PLAT BOOK 64, PAGE 87, OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA. PINELLAS ORT FORM 2420 This Commitment valid only if Schedule B is attached. File Numbe194-17032 Commitment NumlJ}!I\. 161380 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. Instrument(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 5086, Page 215, Public Records of PINELLAS County, Florida. b. Satisfaction of that certain mortgage filed in O.R. Book 5579, Page l698, Public Records of PINELLAS County, Florida. c. SATISFACTION OF WELFARE LIEN FILED IN OR BOOK 5327, PAGE 1812, PINELLAS COUNTY RECORDS. d. RECORD WARRANTY DEED FROM DANNY LEE COLE AND SUSAN C. COLE , HIS WIFE TO OPAL C. COLE, UNMARRIED. e. Warranty Deed from OPAL C. COLE, UNMARRIED to CITY OF CLEARWATER, FLORIDA, a Florida Municipal Corporation. File Number94-17032 Commitment Numtmf\. 161380 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 1 q q 4 and subsequent years. 7. 25 FOOT DRAINAGE/UTILITY AND 10 FOOT DRAINAGE Easement over the REAR AND SIDE lot line as filed in Plat Book 64, Page 87, Public Records of PINELLAS County, Florida. 8. EASEMENT RESERVED TO FLORIDA POWER CORPORATION AS FILED IN OR BOOK 3258, PAGE 290, PINELLAS COUNTY RECORDS. 9. RESERVATION FOR DRAINAGE PURPOSES (OVER THE NORTHERLY 20 FEET) AND (EASTERLY 11 FEET) AS FILED IN OR BOOK 3110, PAGE 464 AND PAGE 467, PINELLAS COUNTY RECORD 10. Subject to mortgage executed by DANNY LEE COLE AND SUSAN C. COLE, HIS WIFE, to CLEARWATER FEDERAL SAVINGS AND LOAN ASSOCIATION, dated September 26, 1980, filed October 3, 1980, in O.R. Book 5086, Page 215, Public Records of PINELLAS County, Florida, in the original principal amount of $30,000.00. ASSIGNED IN OR BOOK 7372, PAGE 677, OR BOOK 7534, PAGE 1933 AND OR BOOK 8101, PAGE 1535 TO BANKERS TRUST COMPANY OF CALIFORNIA, N.A., MERCHANTS COMMERCIAL BANK. 11. Subject to mortgage executed by ROBERT L. SMALLEY AND MYRA M. SMALLEY, HIS WIFE, to GULF COAST BANK OF PINELLAS, dated August 8, 1983, filed August 4, 1983, in O.R. Book 5579, Page 1698, Public Records of PINELLAS County, in the original principal amount of $45,000.00. 12. WELFARE lIEN (PINElIAS COUNrY) VB. SUSAN COLE, filed 3/30/82 in OR Book 5327, PAGE 1812, PINElIAS COUNTY RECORDS. aRT FORM 3500 Commitment 1111" * * -t' ic,: <R : 2!:E ,,~~~~~~!~ 111* .. * * Commitment To Insure Issued through the Office of: ~ ~.~ ,. . '" ~ C<J!llIlAC II Ol~ :jM.E MID l'U"<';~0:;E PAnTIES: Op'::! 1 I , r~y.lI~(,\ of'" (Phone '1'1 2 -'1939 I ,and City of C earwater, Florida, a Florid~ Municipal Corporatign r~-l of P., O. Box 4748, Clearwater, Florida 34618-4748 (Phone 462-6042 ) hereby aora8 Ihat Iho Seller ~hl\lI ~ell and BlIyer sl1l\11 buy Iho lollt)wlno rel\l properly ("ne.nll'':!!J2o[!y'') l\nd. ,;err,onol properly I"Personolly") (colleCllvolY1roperlY") upon Ihe 101l0Y/1n: ler",s ond condlllon., which INCLUDE Ihe Sll\ndard. lor nel\l E sin Ie TrOllSI\Cllon. ("Slnnd~'T I)rlnled on Iho rovorse or ollached ond any Riders on Adden<Ja 10 Ihl. Inslrument I.DESCnIPTION: . - ',' ' (a) Legal descrlpllon 01 RealProperlylocaled In pinellas , Counly,Florlda: Lot 1, PARKWoon SlJRnTVT~TON 5TH ADDITION, according to the map or plat thereof as recordpd in P1::!t Book 04, Pilgp Po?, of tnp Public Records of pinellas County,' Florida, tOt';pthPT with::!l1 ;mprmlf;"pntq ,tnPTPon and tJ->erein (b) . Slleel address. cily, zip, 0; Ihe Properly I.: 1- 3 70 Jeff ordR S t Tf'P t,el P::!l'"W::! t pr; 1<'1 1[d, 1(-'-6.,1? 1 (?) Personelly:All' appliances, dr;jperies I c::!TpPting, winnow trp::Itmpntq, ' anrlc:<,ap;ng, all att:!tchments, fixt~irpq ::Inrl 'fllrn;'qn;ngq' OTHF.R THAN'TF.Nc.NT ObTNEJ'l Ji1 J appl iilTJc'ec:, heating and cooling l1ystE'mc: , ~J~~~Ango~d~tPbyT~ft9arRrtl!p~~t~8Ropfio~;Ego~~0~i~~~;r rpc:pprtjue hardw~~Q to be 1n p~oper II. puncuAs€PnICE . ..,.. ....... ................., ,............,...........,...,.,;....................,.....................,......... ,........... ..........., $ q n nnn 00 PAYMENT: N / A (a) Deposit(s)10 be held In escrow by r In the amounl 01 .. $ (b) Additional escrow deposll wllhln N / A days oller Ellectlve Dale In the amount or ..................,........................:........ $ (c) Subjecllo AND assumption 01 morlgag!} In oood slandlng In lavor ?f N ! A having an approxlmale present principal balance of .. $ N / A (dl PurChaS,e money morlgaQe end nole bearing annuollnleresl at N! A .~ (see Addend,um)In amount 0' .......,...,...................... $ NI t.. [e) Olher: N/ A $ M/./) (I) Balance to close (U.S. cash, LOCALLY DRAWN cerlllled or co shier's check). subJeel 10 ndjuslmenls and proration. .........,.................. $ 90,000 00 lit. TIME' FOR ACCEPTANCE; EFFECTIVE DATE; FACSIMILE: II Ihis oller I. nol, executed by and delivered 10 all par\les OR FACT OF EXECUTION communicated In writl"ll betwee~ Ihe parlle. on or be/ore 'PRR A nnRNnllJvf ' . lho deposll(.) ,,!iII. al Buyer's opllon: bo returned 10 Buyer arid Ihl. oller wllhdrown. A facsimile copy 01 Ihis Co~lracl lor Sale and Purchllse CConlrocl") and any slgnalure. hereon shall bo considered lor oil purposes as originals. The dalo of Conlrocl I"ElleeUvo Dale") will be Ih,; dalli when Ihe lasl one 01 the Buyer end Seller has signed Ihls oller. ANCINO: THIS PARAGRAPH NULL & VOID AND' OF NO EFFECT. - I. " (alII the p rice or nny "', 01 II Is 10 be IInnnced by n Ihlrd.parly lonn, Ihls Conlracl I. condilloned on Ihe Buynr oblalnlng a wrltlen commltmenl lor (CHECK (I) or (2) or (311: (1) a an ndJuslable or (3) 0 n IIxed or adluslllble rale lonnwllhin_ days oller Effecllve Data al an Inlllallnleresl rale nollo exceed~ "f.. lerm 01 years and lor tle nmounl 01 S ' , Bllyer -will moke applicallon wllhln days oller Effec\lve Dale and use reasonable diligence 10 oblain the loon commitmenl nnd, 0 meol Ihe lerms and condilion. of Ihe coonrnllmenl end close Ihe 'loan. Buyer sholl pay 011 loan expenses. II Buyer fails 10 oblaln Iho commitment or 'alls 10 waive Buyer's roo Ihls subparagroph wilhin Iho lime lor oblalnlng tho commitment or eller diligent ellorl fall. 10 meet the terms end condillons 01 Ihe commllmonl, lhen ellher parly lherealler y Y/rlllen "ollce 10 Ihe olher may concol Ihe Co"lracl and Buyer shall be relunded lhe deposil(s). lb) The ~xlsting morlgoOll descrlbod In Pa~agroph \I(c) abovo ho. (CIIECK (I) or (2)): ,.. per annllm. N/A 'NIt! , , . AI lime 01 litle Iran.ler some lI~ed Inlerllst rales ore subjecl 10 Increase. II Increased, Iho ralo shall'nol e~cee Y. per annum. Seller shall, within . day. all~r E/le.clive Dote, furnish slalementslrom 011 morlgngeos slatln(l prlnc1pnl bnrl\nces~ melhod of paymenl, Inleresl rele or s morIOllgo.. If Buyer has, agreed to BSsume a morlgage which requires approvel or Buyer by the morlgaooe lor assumpllon, then Buyer shall promplly oblaln all required appllca will diligently complele and relurn Ihem 10 lhe morloagee. Arrf morlgagee chargels) nollo exceed $ shall be paid by (II not IIl1e divided). II Buyer Is nol eccepled by morlgageo or Ihe requlremenls lor essumpllon arQ not In accordance wllh Iho torm. of Ihl. Conlract or mortgageo makes e charge In excess 0 amounl. Seller or Buyer may rescind Ihls Contract by prompl wrlllen notice 10 Ihe olher parly unless eilher elects 10 pay Ihe Increaso In Inlerest role or e~cess morlgagee c . I, ,15 BUYER 'S' " I V" TITLE EVIDENCE: AlIeni days berore dosing dale, Seller shall"ol Seib3(J::expellse. deliver ,10 Buyer or Buyer's allorney, In accordance wilh Sl:lnd:l,d ^., (CHECK (1) or (2)): (1) 0 abslract 01 \ille or (2) W tllle I.nsurnnco cornmitmenl and. aller closing, owner's policy 01 tltIo Insurance,: . I , 'VI.CLOSINQ DATE: This transaction sh~1I be closed and Ihe deed alld Otlll'; closing papers delivered on PER ADDENDUM . unless exlended by other provisions 01 Conlract.,: VII. RESTRICTIONS; EASEMENTS; LIMITATIONS: Buyer sh:llllake \ilia $ul>lecllo: ZOlling, roslrlcllons. prohibitions ond olher recjulremenls Imposed by governmental aulholity; reshlcllons and mailers eppearlng on tho pial or olherwlso common 10 Iho subdivision; public ulilily ease,nenls of rocord (eosomenls are to be Iocaled con\lguous 10 Real Property lines ond Ml'more Ihan 10 leel In wldlh as 10 lho rear or 'ronl lines nnd 7'1t leel In widlh a. 10 Ihe side lines, unloss olherwlse slaled herein); taxes lor year 01 closing and subse,~uen' years;essumed mortgages and purcha~e mOlley mortgages, If any; olilllr. Seller shall' provi de. tit 1 e. i nR tIT::In ri> fi rm wi tn ori gi n ::I1rl p;'rl from Danny L. Cole & Susan C. Cole conveying title to Seller for r~coTdin~ on Publir RprorrlR :provld'!d, Ihallhere exists at closing no vIolation ollho loregolng ond none of them provont. use 01 neal Property !orReS idEm tli ;j 1 & Public ' pur~ose(". VIII. OCCUPANCY: Sollor, warranls Ihol Ihora aro 1'10 porlle. In occuponcy other Ihan Seller: bul, If Properly I. Inlonded 10 be renled or occupl9d beyond closing, Ihe facl and term. Ihereol shall beslalod herein and the lenonl(.) or' occupanlsdlsclosed pursuanl 10 Sl"ndard F, Seller agree. 10 dellvor occupancy of Properly al time 01 clo.ing unles. olherwlse slaled herein. II occupancy I. 10 be delivered belore closl.'9, Buyer assumes all risk 01 loss 10 Properly from, dale 01 occupancy, shall bo rasponslble and Iiablo for malnlononce Irom Ihal dale. ond shall be deemed 10 have accepled Properly In lis e~lsllng condillon a. of lime of la~lng occuponcy unless olhorwl.e .Ialed herein or In a separale wrlllng. IX. TYPEWRITTEN OR HANDWRITTEN PROVISIONS: Typewrlften or handwritten provision. shall control all prinled provision. of Conlractln conlllct wllh ihern. X. nIDEns: (CHECK II any 01 lho lollowlng nlders are applicable Dnd are all ached 10 Ihis Conlracl): I-I 0 COASTAL CONSTRUCTION CONTnOL LINE nlOEIl (el 0 FQr;eIGN INVESTMENT IN IIEM. rnoremy TAX ACT nIOEl1' (bID CONDOMINIUM n10ER (dl 0 INSULATION n10En (01 0 fltMVA n10En (I) 0 OTIIEn: XI. ASSIONABILlTY: (CHECK (11 or 1211: Buyer ( " 0 may Dssign or (2) []: may nol assign Ihis Coillracl. XII; SPECIAL CLAUSES: (CHECK (I) or (2)): Addendum (" QI: I. nllnched or (21 0 Ihf!r~ I. no Addendum. XIII. TIME IS OF THE ESSENCE OF TWS CONTRACT. ' BUYEn'S IHITIALS XIV. DISCLOSURES: Buyer ll: acknowledges or 0 doe. not ncknowledgo racelpl of IhellOOJNl'rad?n/compen.Bllon and esllmaled closing cosl. disclosure...: THIS IS INTENDED TO BE A LEGALLY BINDING CONTRACT. IF NOT FULLY UNDEnSTOOD, SEEKTIIE ADVICE OF AN ATTOnNEY PrtlOR TO SIGNING, THIS FORM HAS BEEN ^PPR"VEO BY THE FLORIDA ASSOCIATION OF REALTOnS AND TIlE FLORIDA BAR. Awovol does nol consfilu/e en opinion "'al any of Ihe Icntls end condilions in 1I1ls Conlrocl should be Bccepted bylhll parties In e pwlfcular lransaclfofl. Terms nnd, condi/lons should bll negol/a/ad btlSed IIp(YI Iho ra~eclfvn in/erosls, oble ond bnrgallllng poslllons of elllnleresled persons. COPYRIGHT 199 I BY -rilE FLonlDA ONl AND TilE r: RIDA SSOCIATION OF REALTOR - - ,- - - - - - - - - - - - - CITY OF CLEARWATER -r/lt,/9y Manager. ~/I~/7f7 I S'J/~/7Y '. , S-//(,f7,Y , t Dolo ~" Iklte Dalf! Dale D.ate SOcial Sec:urlly or Tax 1.0. , NIt.. N/A (Escrow Agenl) y .' II' NO LISTING AOAnMr:NTIS' clJnn 'FFECT: sellcr agree. \0 pay IhaB/okor namod \)elOw. mlmo 0 rom lho dlsl'lIrsemenl. of lho proceed. 01 Iho sale. compensallon In tho amounl 0' (COMPLETE at/LV QlJE) _ ,., 01 gross purchaso prl~e o~ $, ' for Broker's .erv,c ".:lIng Iho ~a19 by finding Iho OllYer roedy, wllllno and able 10 purchase p\l(suanl lo,lhe foregoing Conlract II Buyer fall. 10 porlorm nn<J dl1posll(s)I. rOlalned, 50'1'. Ihereol. bill nol excep. raker'. leo above provldad. shall be paid Orok9r a. full con.ldoratlon fOf' B<oker', servIces, Including cosls expendo!! by Broker, a,nd Ihe bolanco sh~1I b~ pokl 10 S"lIor. II till) Iransoc , not clo,e becouse of rl)lusal or lailure 01 Seller 10 perform. Seller sh,,1I pay loe lull lee 10 Broker on dl).nand. In ony IItlgutlon arising oul of Iho Contract concerning Iho J;lroker's reo. I ' \ porly shnll nicover ree.onoble allornay's f,,~, nnd cO,~I~, Oy: rn;~!Jqqr\lnfYl (lifll1 /1::1'"" 01 rc:Ii.'Q (l,oh'r) nv: __.,._.___...._._____.....______ (:",11\001111''''1''''1'"':111',.,.) . [Iirm n~mo olli~lil1'J Br\)~.erl 'I- 'STAIDARDS FOR REAL ESTATE TRAtJSACI'\ONS A. l:VIDENCe OF TlTLE: (1) An obstracl 01 tllle plepared 'or broll(Jht currenl by e repulable and e.lsllng obsltacl lirin (II not e.lslino Ihen cortilled OS correcl by on ~.Isling lir~l , purporllng 10 be 8n occurote synopsis 01 Ihe Inslrumenls elfocllno IIIle 10 Ihe Ro.1 Proporly recorded In tho public records 01 the county whereIn Real Property Is located IhrOliQh ElIeclive Dale and w~ICh shall commence 'wllh Ihe earliest Public records, or such Ialer dole as may be cuslomary In Ihe counly. Upon c1oslno ol.lhlslransacllon. lhe Db~lract shaH become the property 01 Buyer, sublect 10 Ihe right 01 rolenlion Ihereol by Ilrst morl0agee unli' lully paid. (2) A tIlle Insurance commllmenl Issued bye Florida licensed t.lle Insurer ogreolng 10 issue to Buyer. upon recordlno 01 Ihe doed 10 Buyer, an owner's polley 01 Iillo Insuronce In Ihe amounl 01 the purchase price In,urlno Buy~r's IllIelo Ihe Real Properly, subleclonly 10 liens, encumbrancos, excepllons or Qualllicl'illons sol lorlh In Ihls Conlracl ond lllOse, which sholl be dischorged by Seller 01, or belore closing. Seller. shall convey markelable IItle sublecl only 10 liens. encumbrancos. e.cepllons or Qualilicallons specmed In Ihe Conlract Morkoloble tIlle shall bo delermlned accordino 10 appllcoble lllle Slond;\Ids oOOpted by authorily ollhe Florida Bar. and In accordance wllh law. Buyer shall havo 30 days, If obslroct. or 5 deys. II Illle commllmenl, Irom dale 01 rece,lvlno evidence 01 Hlle 10 examine II. II IIl1e Is lound dele clive, Buyer shall. wilhln 3 days, nolil)' Sollur III wriling sllocilylnll deluclls), II Iho dcltlcHs)rulldor lil,l!! ullmarketable. Sell"r wdl h~ve 120 doy' 11'''01 receipt of nallce wllhlrl which 10 rllmove Ihe defecHs), lolling whiCh Buyer shall have Ihe opllon 01 ellhor accepllng ,\he Illle os II then Is or demandino a, rell,lI'1d 01 deposit(s) paid which shalllmmedialely bo relurned 10 Buyer; 1hereupon, Buyer and Seller shall releaseono anolher 01 ollfurlher obllgahons under the Conlr!lcl. Seller shall, II hlle IS lound unmarklll~ble. I uso diliOent ellorllo correcl delecl(s)In the \llIe wllhln lhe lime provided Iherelor, Including Ihe brlno1ng 01 nocessor,! sulls. " , B. PURCHASE MONEY MORTGAGE; SECURITY. AGREEMENT TO SELLER: ^ purchase nlOney morlllogoand morlgage nole 10 Seller sholl provide lor a 30.day grace period In the evenl 01, deloull II a flrsl morlgage end a 15.day grace period II 0 second or lesser morlgage; shull provide lor rlghl 01 prepaymenl In whole or In pari wllhoul ponally; shall nol permit eccelerallon or Inleresl adjuslmenl in evenl 01 resole of Roal Property: shall requllo all prior liens and encumbrances 10 be kepi In good slandino and lorbld modilicalions I 01 or 'ulurO odvallCes under prior morlgago(s): end Ihe morlgage, nolo and" securlly ogreomonl sholl bo olherwise In form ond, conlenl required by Seller; bu. Seller may only rOQUire clauses cuslomarlly found In morlgoges, mortgage noles ond securlly ogreemenls generally ulilized by savings and 101111 Insllh,lIons, or slolo or nolional ballks Iocoled In Ihe coullly wherein. Real Properly Is loceled. All Personally and leas09 being conveyod or nsslgned will, 0\ Seller's opllon. be subjecl 10 Ihe lien 01 a securlly agreemenl evidenced by recorded linanclng slalemenls. " a balloon morlgage, Ihe finalpaymenl will e.ceed lhe periodiC paymenls Ihereon. ' C. SURVEY: BU')'er. al Buyer's expenso., wilhin limo allowed 10 deliver evldenco 01 tlllo nnd 10 exnmlne come, may have Real Prop&rly surveyed and cerlllled by 0 reglslered Florida surveyor. II survey shows encroachment on Reol F?roporty or Ihollmprovomenls localod on 11001 Property encroacll on selback lines, oosemenls, lands 01 olhers or vlolale any reslriclions. Contracl covenanls or epplicable govemmenlal rogulallo,;. Ihe some shnll consllllllo 0.11110 delod, ' , D. .JERMITES: Buyer, ot Buyer's Ii.pense, wllhln lime ollowed 10 deliver evidence 01 11110 and ,10 e.omlno some. may hove Real Properly Inspeeled by a Florida Certilied Pesl Coriirol Operalor 10 dotermlne " Ihere Is any visible ocllva lermlle Inloslallon or vlslblo o.lsllng (Iamooe Irom lermllo InloslnlOO In I',!, .1o:npr,?~e,me~ls. ,1.1 .ollher or both er~ .found, Buyer will have -4 j1ays from dale 01 wrlllen nollcll Ihereol wilhln which 10 havo 011, dama\jos. whelher visible or nol. Inspocled and osllmaled by II IIcenhd wilder or general .conlraclor. Seller shoU pay vaUd cosls 01 Irealmenl ,and repair 01 nil damage up 10 2'1. 01 purchose prIce. Shollld such cosls e.ceed Ihal amount. Buyer sholl have 'Ihe opllon or caoceUino Conlracl wllhln 5 days aller recelpl of contraclor's repair esllmole by gIving wrlllen. nollce 10 Seller or Buyer may elecl 10 proceed wllh Ihe trensoction, In which evenl Buyer sholl receive a credit al closlno of an amollnl eQ\Jal 10 Iho lolal 01 the Ireolniont and repoir esllmale nol In e.cess 01 2'\'. 01 Ihe purchase price. "lermltes. shall be deemed 10 Include all wood destroying mganlsms requIred 10 be reporled under tho Florida Pest Conlrol Ac\. , .' E. INGRESS AND EOnEsS: SeUer. warranls and represenls thai Ihere Is Ingress and eores910 Ihe Real Properly sulllcient lor Ihelnlended use as descrlbod In Paragraph VU hereof. Iille 10 which Is In accordance with Slondard A .', ,..' .. J F. LEASES: Seller sholl. nol loss Ihan 15 days beiore closing, lurnish 10 Buyor copies' 01 011 writlen loa~~s ~ncJ esloppollellers Irom eoch tenanl specifying Ihe nalure and durallon 01 i';e, 'Ietian!'s oCcupancy; .renlal rales, odvanced rent and security deposits paid by tenol1l. U Soller ,Is unoblo \0 obloln such lellor Iro'm each lononl, Ihe same Inlormation shall be 'Iurnlshed by Seller to Buyer within lhel lime period In Iho IorIO of 0' Seller's aflldovl1. 'and ,Buyer may Ihureoller conlact lenanls 10 confirm such Inlormallon. SeUor shall. at closing. deliver and assign aU original leases 10 Buyer. . . .., . . . G. LIENS: Seller shall furnIsh 10 Buyer al lime 01 closIng an afliclavll ollesflng 10 Iho obserice. unless (,Ihorwlso provldod lor herein, 01 any financing slalemenls. claims 01 lien or polenliallienors known 10 Seller and lurlher allesllrig Ihat Ihere hove been no Improvemenls or rep~lrs 10 Iho Property lor 90 days Immedlal~ly preceding dale 01 closino. II Properly has been Improved or repaired wilhln Ihat lime. Sellor shall deliv@r releose9 or wnlver,9 01 mechanics' lions executed by all general conlraclors. subcontraclors, suppliers and molerlalmen In addition 10 Seller's lien allidavll setllng lorlh Iho names 01 all such general conlraclors, subconhnclors, suppliers ond materialmen and lurlher alflrmlng Ihal all charges lor Improvemenls or,-repalrs whiCh could serve as II basis lor a mechanlc's lien or a claim lor damages hove be on poid or will bo paId 01 c1osino 01 Ihls Coni roc\. 11. PLACE OF CLOS,ING: Closing shall be held In Ihe counly whcreln the Real Properly Is locoled al Iho ollico ollhe allorney or olher c1oslno agent doslgnotod by Seller. I. TIME: lime periods herein 01 less lhan 6 days shall .In' the compulallon eicclude SoillrrJays: Sundays and slole or nalloOlli legal holidays: nnd ony time period provided lor herein whiCh shall end on Salurday. Sunday or a legal holiday sholl e.lend 10 5:00 p.m, 01 Ihe ne.1 bl,siness day. ' J. DOCUMENTS FOil CLOSING: Seller shalllllrnlsh \he deed, bill 01 sale. mochanlc's lien olliclavll. asslgnmenls 01 10llses, tonant and morlgagee esloppellellers ond corrective Inslrumenls. Buyer shalllurnlsh closing slolomenl. rnarlgage, mortgage nolo, secllrily agreemenl nnd lInonclng slal.menls. . K. EXPENSES: Documentary slamps on the deed and recording corro'cllve 'nslrumenls shall bo poid by Sellor. Documentary slamps, Inlanglble lax and recording purchase money morlgage 10 Seller, deed and Iinonclng slatements shallbo paid by Buyer. ..' L PROR"lIONS; CREDITS: Ta.es, assessmenls, rent, Inleresl. Insurance and olher e.penses and rovenue 01 Property shnll be proraled ihr~lQh day belore closing. Buyer sh~1I have Ihe option 01 laklno over any e.isllng policies, 01 insurance, If assllmoble, In which event premiums sholl be proraled. Cash al closing shall be Increased or, decreased as may be required by prorallons. Prorallons will be mado Ihrough day prior 10 occupancy II occupancy occurs beforl! closing: Advance .enl and socurlly doposlls will be credited to Buyer and escrow deposits held by morlgagee w!1I be crediled to, Seller. la.es, shall be proraled based on Ihe current year's lax with due allowance made, lor maximum allowable discounl. .'llOmesleod and olher exemptions. II closing occurs al a dale when'lho cUllelll year's mlllogo Is nol. tiMid and currenl year's assessmenlls avalloble, la.es will be proraled based upon such assessmenl and the prior yeer's millage. II current year's ossess'nenlls nol ovailoble'; then laxes, will be proraled on Ihe prior year'sla",. II Ihere are compleled Improvemenls . on Ihe Real Properly by.January 1st 01 year 01 closing which Improvemenls were nol In oxistence on January lsl 01 the prior year, Ihen 10xes shall be proraled based upon Ihe prior year's millage and a\ an. eQullable assessment 10 be ogreed upon belween Ihll par lies. lailing which, reQuesl will be made, 10 Ihe Counly Properly Appraiser lor an Inlormal assessmenl laking Inlo conslderallcm available e.empllons. Any ta. prorallon based on Oil esllmole sholl, ol,reqllesl 01 ellher Buyer or' Seller, be subseQuenlly readjusled upon receipl 01 lax bill on cotldillon thaI a stalemenllo Ihal ellectls In the closing slolemen\. M. SPECIAL ASSESSMENT LIENS: Cerlilied. conlirmed ond rolllied special ossossment liens as 01 dolo or closing (nol as 01 Ellecllvo Dale) are 10 be paid by Seller. Pending liens as 01 dale 01 closing sholl be assumed by Buyer. II Ihe Improvomenl has been subslonlinlly comploled os of Elleclive Dale, such pending lien shall be considered cerllfled, ,conlirmed . or rallfled.and Seller sholl. al closing. be charged an amounl equal 10 Ihe lost eslimale' 01 assessmenllor Il1e Improvemenl b}' Ihe public body. N. INSPECTION, REPAIR AND MAlIlTENANCE: Sellor worronl9 Ihal. as or 10 days prior 10 closing. Ihe ceiling, rool (Includlng'the lascla and sollils) and e,'erior oOd Inlerlor v::-lIs 'seawalls (or eQuivalenl).aoo dockage do not have any VISIBLE EVIDENCE of leaks. water damage or slruclllral damage and Ihal Ihe sepllc lank. pool. oil appliances, mechr.r";cai lIems. heatino. cooling, eleclrlcal, plumbing syslems and machinery ore In WORl<ING COI~OITlON, Buyer may. 01 Buyor's expense. have Inspeclions made oj lhose lIems by a Iirm or Individual specializing in home Inspeclians and holding an occupolional license lor such purpose III rOQuired) or by an approprlalefy licensed Florida controctor. Buyer shall. prior 10 Buyer's occupancy or nol less Ihan 10 days prior 10 closing, whichever occurs lirsl, reporl In wrillno to Seller such lIems lhal do nol meel the above slandards as 10 dele cIs. Unless Buyer reporls such delecls wilhln Ihal lime. Buyer shall be deemed io have waived Seller's warranlies as 10 delecls nol reported. II repairs or'replacemenls are required, Seller shall cause such repairs to be made and sholl pay up 10 3'\', 01 tile pllrchose price for such ropalrs or'replacemenls as may bo required In order 10 place such lIems In WORKING' CONDITION. II Ihe cost lor such repairs or replacement e.ceeds 3'~ 01 Ihe purchase price. Buyer or Seller may elecl 10 pay such excess. laillng which ellhor parly may cancel , , Ihls Conlrac\. II Seller Is unable 10 correct Iho defecls prior 10 closing, the cosl Iherool ,shall be paid Inlo escrow al closing, Sellor will, upon reasonable nollce, provide ulililles, service , and access 10 Ihe Property for Inspeclions. Includino a walk. through prior 10' closing, (lolween Elleclive Dale and'the dole 01 closing, e.cept for repairs required by lhls Standard. , Seller shall mainlaln Properly. Including, but nollimiled 10. Ihe lawn and shrubbery. In Ihe condition herein warranled. ordinary wear and tear e.cepled. D. RISK OF LOSS: II the Proporly Is' damaged by lire or oll1er casually belero closing ond cosio/ resloralion does nol exceed 3% 01 the a'ssessed valuetlon 01 the Properly so I damaged. cosl 01 reslorallon shall be an obligalion 01 the Seller and closing shall ploceed pursuant \0 Ihe lerms 01 Contracl wllh reslorallon cosls escrowed at closing. II Ihe cosl .. '01 resloralion exceeds 3'1. 01 Ihe assessed voluallon 01 Ihe improvemenls so danmged, Buyor shall have the option 01 ellher laking Properly as Is. logelher wllh eilher Ihe 3'':' or any insurance proceeds payable by vlrlue 01 such loss or, damage, or 01 cancelling Ihls CO'llracl ond receiving r(elurn of deposllls). . P. PROCEEDS OF SALE; CLOSING pnOCEOURE: lhe deed shnll be recorded upO" clearance 01 Illlxls. II obslroct. evidence 01 \Ille shall be conlinued 01 Buyer's expense 10 SllO'l' Iille in Buyer, wilhoul any encumbrances or change which would render Seller's \ilIa unmorkelablo Irom Ihe dale 01 Ihe las\ evidence. Proceeds of Ihe sale shall be held In escrow by Seller's allornoy or by sllch olhor mutually acceploble escrow agenl lor e periOd 01 nol longer '''an S day~ Irorn and aller closing dole. II Seller's lI11e Is rendered lInm8rkel8ble. Ihrough no 'aull 01 Buyer, Buyer shall, wllhln Ihe S-day porlod, nolily Seller In wrlllng 01 Ihe dolocl and Seller shall have 30 days 'rom dale 01 receipl of such nollflcallon 10 cure Ihe delec!. II Seller lails 10 IImely cure Ihe delecl, all deposil(sJ and closIng lund9 shall, upon wrlllen demand by Buyer and wilhin 5 days alter demand. be relurned 10 Buyer and sImultaneously wllh such repaymenl, Buyer sl1ol1 relurn Personafiy and vaco,le Property and re<;onvoy II 10 Sellor by special warranty dood. II Buyer lails 10 make IImely demand lor \, refund, Buyer shall lake IIl1e lis Is, waiving 011 righls agalnsl Seller os 10 any Intervening doloct e.cepl" as may be evailable 10 Buyer by vlrlue 01 warranties contained In Ihe, dged. II a porlion ollhe purchase price Is 10 be derived Irom Inslilulional financing orrefinanclno. requl,emenl90 01 Ihe lending Instilullon as 10 place, lime of'dayond procedures lor c1os1no. and lor disbursement of mortgage proceedS shall conlrol over conlrary provisiO(1ln Ihis Conlrad, Seller shall hove Ihe right 10 require Irom Ihe lending Inslllulion a wllllen commilmenl Ihat II will nol wilhhold disbursement 01 morlgage proceods a~ 0 resull 01 ony tilla delecl ollribulable to Buyer-rnorloogor. Tho' escrow and doslno procedure required by Ihis Standard may bew!ivad II \1l1e agenllnsures adverse moilers pursuanl 10 Seclion 627.7641. F ,S, (1969), os amended. ' ' . O. ESCROW: Arry escrow agent ("Menl") receivIng lunds or equivalent Is eulllOrlzod ond ogroes by acceplance 01 them to deposllthem promptly. hold same In escrow and. suIJied 10 clearance, disburse them In accordance wlll1 lerms and condlllons 01 Conlrocl. Failllfo or cl08ronceol lunds slmll nol 'e.cuse Buyer'~ performonce. II In doubt as 10 Agen'-s dulios or Iiat,ilolies under Ihe provisions 01 Conlrocl, Agenl may. 'at Agen!'s option. continue 10 hold,lhe sublecl mllller 01 Iho escrow unlll Ihe parlles mulually agree 10 lis disbursemenl , or unlil a Judgmenl 01 a courl 01 competenl Jurisdicllon shall delermine Ihe riOhlS of Ihe pMlles or Agonl may deposit same wllh Ihe clerk 01 the circuit courl having lurisdicHon , 01 Iho dispule. Upon nOlllying all parlles concerned 01 such ocllon, all iiabilily on Ihe pori 01 Agenl sholl lully lermil1ale, e.cepl 10 Ihe e.lenl 01 occounllng lor any lIems previously delivered out 01 escrow. II a licensed real eslole broker. Agenl will comply wilh provisions 01 Chopler 475, F,s. (1969). as arnended, Any suit belween BlIyer end Seller wherein Agenl is mode a, parly because 01 acllng as Agen' hereunder, or III ony sllil whereh Agenl Inlerpluods ,Ihe subjoct maUer 01 Ihe escrow. Agenl ,shall recover reasonable allorney'slees and cosls Incurred wilh the lees and costs 10 be paid Irolll ond oul 01 the escrowed lunds or eQllivalr:nl nnd charged IInd IIworded as cOlIrt cosls In lavor 01 Ihe prevailing porly. Ponies agree Ihal Agenl shall not be liable loony parly or person lor mlsdelivory Iq l3l1yer or Seller or ilems sublecl 10 Ihis 'escrow, llnless such misdelivery Is due 10 willful breach of Ihis Conlracl or gross negligence 01 Agen\.", ' " ' R. ATTORNEY'S FEES; COS1S: In any Iiligolion arising out or Ihis Conlracl. Iho j:lIevai1i,,Q pmly In such Iiligolion whi~h, lor Ihe purposes 01 .\hl, SIondn;d, sh.>Illnclude Seller. BuYer. lisling broker, Buyer's broker Ol'ld eny subagenls 10 Ihe lisllng brollor or BlIyer's brol,er, shall he enllllcd 10 r\lcover reasonoblo ollomey's foos a,ndcosls., ,". . I S. FAILURE OF PERFORMANCE: II Bllyor lolls to pF.lIlorm "lis Conlrncl within Ihe Ii",o spucllied. incllldil111 poy",enl 01 011 dept.,sllls}: Iho deposlils) paId by Buyer and depos"ls) agreed 10 be paid. may be rolalned by or lor Iho OCCOllnl or Seller os agreed liP on liqllidi,led du",oues, consldcrnlioll lor Ihe e~e~,linon 01 Ihis Conlrac\' ~nd, In futl selllemenl 01 any claims; whereupon. Buyer and Seller .shall bo relieved 01 011 obllgollons under Conlrncl; 01 Soller, al Seller's oplion, may proceed'ln ,eqlllly \Q e~,rorco Seller 5 1\(/hIS under Ihls Conlr~cl, II lor any roosol1 olher Ihan lollure of Seller 10 make Seller's \ille mO' keloble oller dilloenl ellert, Seller loils. nelllucls or reluses 10 perlorm IhlS Conlroct, Iho Buyer may seek speclllc p'erformance or elecllo recolve iho relurn olBllyer's deposltls) wllhollllhereby wolvino ony IIcliolllor domnges resllllino Irom Seller's brench.-:, ,,',. .." .'."'''' I T. CONT.RACT NOT RECORDABLEj PERSONS BOUND; NOTICE: Neither \his, Conlracl. nor any notice 01 it. sh~1I be recorded In nny publiC records. ThisConlracl shall bind and Inura 10 the benelll 01 the par lies and Ihelr SUCCOSSOIS In InlereSI. Whenever 1110 conleKI permits, sin!Jlllor sholl Include plurol 'and on~,g\li1der shall InclU(1e ~n, Notico given by or 10 the allornay lor any porly shall be os elloclivo OS II given by or 10 Ih:ll porly. . " ' " '. . , I U. CONVEYANCE: Seller sholl-convey Iltlo' 10 Iho ROlli Properly lJy stalulory Wllrranly, Irllsloo's, personal reprosenlollvo', or gun,dlm1'S doed. os IIPproprlale \0 Iho slolus 01 501lar. subjecl enly 10 moilers conlolnod In Paragraph VII and Ihose otherwiso acccplnd by llllyer. Personally shl1l1, 01 relluesl 01 Buyer. be 1r:l11slcrred by on 8h~0lule bill 01 Solo wllh warranty 01 tille, sub/ecl only 10 such mailers as may .be olherwlse provided lor herein., ' V. OTHER AGREEMEN1S: No prior or presenl ogrecmenls_or.t,cprescnIOliol1s sh;111 be hindingupon Buyer or S'('lIer 1II11ess Inclllded In Ihis Conlrocl. f.lomodilicollonor chanJe \" Ihls Conlracl shall be valid or btnding upon the parlles unloss In Willing and e.ocuted hy Iha pari)' (11 porlies Il1len(l~d 10 llll bowld lJy II. : W. WARR"NTlES: Seller warrenls Ihol Ihere nre no Il1cls known 10 Scller mnlorl:llly nllecliI,o Ihe vnlue 01 Ihll'Reol PrOperlywhir.h nre no\ reodlly observable by Buyer or which nJe2'rlOI been disclosed 10 Bl'yer. . \. ,." ~ '" ..., , , II. I .f- ,I!' ", o --. . "" " I , ADDENDUM TO THAT CERTAIN CONTRACT FOR SALE AND PURCHASE dated the /6~ day of ~ ' 1994, by and between OPAL C. COLE;a widow (as SE ER), and the 'CITY OF CLEARWATER, FLORIDA, a Florida Municipal corporation (as BUYER), regarding property legally identified as Lot 1, 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 CountYj 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 bv 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 bv 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, 1366 and 1368 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 wi thin 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, 1366 and 1368 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 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. c. _ t . .. ... ~ ..' '" I , Page 2 - Contract Addendum: Lot 1, Parkwood Sub. 5th Add. 3) Seller and Buyer represent and agree that they have dealt with no broker or finder in connection with the transactions contemplated hereby, and th~t 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. " 5) Seller contemplates that this transaction will qualify as an exchange of like-kind property under Section 1031 of the Internal Revenue Code, and in compliance with the "Starker Exchange" provisions of said Code all sale proceeds are to be deposited with an escrow agent of Seller's choice at time of closing. 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. 7) METAL UTILITY BUILDING is not included in purchase and shall be removed from the premises by Seller not later than date of closing. ACKNOWLEDGED and agreed as of the day and date first above written. WIT CITY OF CLEARWATER, FLORIDA ~ H,.-~.IV ~ EI' a~eth.M. Deptula In ,~m Clty Manager Rita Garvey Mayor-Commissioner to form ATTEST: C~ [. J~oo Do_ Cfirnthi~E. Goudeau, City Clerk ColeAdd.ewb