THE DIOCESE OF ST PETERSBURG / JOHN FAVALORA
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INST # 93-097522
APR 7, 1993 4:42PM
J PINELLAS COUNTY FLA.
FF.REC.BK 8231 PG 350
WARRANTY DEED
THIS INDENTURE made this I~
day of :1' r.,' (', ILl
;' u I I
, 1993,
by and between JOHN C. FAVALORA, as Bishop of the Diocese of St.
Petersburg, a Corporation Sole, of the County of Pine1las, in the
state of Florida, Party of the First Part, whose mailing address
is Post Office Box 40200, St. Petersburg, FL 33743, and THE CITY
OF CLEARWATER, a Florida Municipal Corporation, of the County of
Pinellas, in the State of Florida, Party of the Second Part,
whose mailing address is 112 S. Osceola Avenue, Clearwater, FL
34616.
WIT N E SSE T H:
That the said Party of the First Part, for and in
consideration of the sum of Ten Dollars ($10.00) to him in hand
paid by the said Party of the Second Part, the receipt whereof is
hereby acknowledged, has granted, bargained and sold to the said
01 HECor;i)~\~fty of the Second Part,
REC ~5~~ollowing described land, situate lying and being in the County
D :~2 ~ 9ceEKJ.{.X')
OS --...-.o.f... Pinellas, State of Florida, to-wit:
INT
PIC
CErn
its heirs and assigns forever,
the
SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART
HEREOF BY REFERENCE.
'FEES' -.--.-..-..--
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MTF
REV
Subject to 1993 real estate taxes, restrictions,
reservations and easements of record.
TC:'AL~~QJ
/t And the said Party of the First Part does hereby fully warrant
Parcel I.D. No. 15-29-15-00000-140-0300
the title to said land, and will defend the same against the
lawful claims of all persons whomsoever.
IN WITNESS WHEREOF, the said Party of the First Part has
hereunto set his hand and seal th;ClC~r~~~iY~~~~d~~Cs;t~~above wri t-
ten.
:;___________,__~__~_"'_,,_ ___,_ :1 I~:::~', :,(~;.) <t;,:._.,
Signed, Sealed and Delivered
in Our Presence:
(~-'
Print Name ~~j\~\. t!>G:"""T"O
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K;:-..I'I.,;')j) ~., C\; L:;i::"\:}f., c;~::~\ f-"~[ ;"_;l::'-_.,S "::~.'"
8Y~_~:"".._____c___ Dsp':~' ;;L:ii,
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C. FAVALORA, as Bishop of
e Diocese of St. Petersburg,
a Corporation Sole
(SEAL)
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ee: G'~.;~int Name-' '\rr:=-Jr;2,/s7I/'T1'?71
Rol1Jjg~epared by and return to:
8 ~'~~~MIL C. MARQUARDT, JR., Esquire
r~j~ McMullen, Everett, Logan, Marquardt
~ 400 Cleveland Street/P.O. Box 1669
. Clearwater, FL 34617
& Cline, P.A.
~
KARLEEN F. DEB LAKER , CLERK
_B~~<?_RD _y:~_~_!~IED BY:ffi__
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PINELLAS COUNTY FLA.
OFF.REC.BK 8231 PG 351
STATE OF FLORIDA
COUNTY OF PINELLAS
I HEREBY CERTIFY, that on this day personally appeared
before me, an officer duly authorized to administer oaths and
take acknowledgments, JOHN C. FAVALORA, as Bishop of the Diocese
of St. Petersburg, a,lcorporation Sole, to me personally known or
who has produced n_~ as identification and
who did take an oath, and known to me to be the individual
described in and who executed the foregoing instrument and he
acknowledged before me that he executed the same for the purposes
therein expressed.
WITNESS my hanQ[~ official seal atS , , said
County and State, thj,~'~ ~ ~fI&v of h1 ctJ-c.. ch ,
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~ : My Comm. ElIpl," ." t
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, \, No.AA711258: $ Notary Pu ~c !
\cJ'I~"'~U8 \.' c....~~i Print Name
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PINELLAS COUNTY FLA.
OFF.REC.BK 8231 PG 352
EXHIBIT nAn
A strip of land 115.00 feet wide being a portion of the
North 1/2 of the SW 1/4 of the SE 1/4 of the NE 1/4 of
Section 15, Township 29 South, Range 15 East, Pine1las
County, Florida, being more particularly described as
follows:
Commencing at the Northwest corner of the North 1/2 of the
SW 1/4 of the SE 1/4 of the NE 1/4 of said Section 15;
thence S 89017'15" E., along the North line of said North
1/2 a distance of 232.00 feet; thence S 25010'05" W., 32.96
feet to the South right-of-way line of Franklin Street as
described in deed recorded in O.R. Book 2563, Page 179, of
the Public Records of Pinellas County, Florida, said Point
being the Point of Beginning; thence S 89017'15" E., along
said South right-of-way line, 126.33 feet; thence S
25010'05" W., 332.11 feet to the South line of the North
1/2 of the SW 1/4 of the SE 1/4 of the NE 1/4 of said
Section 15; thence N 89016'58" W., along said South line
126.33 feet; thence N 25010'05" E., 332.10 feet to the
Point of Beginning.
(American Land Tit/l Associati~~ own~r:s Policv - 4-6-90) (With F'orila Modifications)
OWNER'S TITLEINSURANCEPOLICY
Attom~ TI1le Insuranre FlDld, Inc.
ORLANDO, FLORIDA
SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM
COVERAGE CONTAINED IN SCHEDULE B AND THE CONDITIONS AND
STIPULATIONS, ATTORNEYS' TITLE INSURANCE FUND, INC., a Florida
corporation, herein called The Fund, 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 Fund 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,ATIORNE1'S' TITLE INSURANCE FUND, INC. has caused this policy
to be signed and sealed as of Date of Policy shown in Schedule A, the policy to become
valid when countersigned by an authorized signatory.
Attorneys' Title Insurance Fund, Inc.
~~
By
Charles J. Kovaleski
President
SERIAL
OPM-
189693
FUND FORM OPM (rev, 9/92)
Exclusions from CoV~
The following matters are expressly excluded from the coverage of this policy and The Fund will
not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of:
1. (a) Any law, ordinance or governmental regulation (including but not limited to building and
zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (i)
the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any
improvement now or hereafter erected on the land; (iii) a separation in ownership or a change
in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv)
environmental protection, or the effect of any violation of these laws, ordinances or govern-
mental 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 Fund, not recorded in the public records at Date of Policy, but known to
the insured claimant and not disclosed in writing to The Fund by the insured claimant prior
to the date the insured claimant became an insured under this policy;
(c) resulting in no loss or damage to the insured claimant;
(d) attaching or created subsequent to Date of Policy; or
(e) resulting in loss or damage which would not have been sustained if the insured claimant had
paid value for the estate or interest insured by this policy.
4. Any claim, which arises out of a transaction vesting in the insured the estate or interest insured by
this policy, by reason ofthe operation of federal bankruptcy, state insolvency, or similar creditors'
rights laws.
Conditions and Stipulations (below insert)
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FUND OWNER'S FORM
SCHEDULE A
Policy No.: OPM 789693
Effective Date:
April 7, 1993 at 4:42 p.m.
Agent's File Reference: #7750-92 ECM
Amount of Insurance: $94,000.00
1. Name of Insured:
THE CITY OF CLEARWATER, a Florida Municipal Corporation
2. The estate or interest in the land described herein and which is
covered by this policy is a fee simple (if other, specify same)
and is at the effective date hereof vested in the named insured as
shown by instrument recorded in Official Records Book 8231, Page
350, of the Public Records of Pinellas County, Florida.
3. The land referred to in this policy is described as follows:
SEE EXHIBIT · A. ATTACHED HERETO AND MADE A PART HEREOF BY
REFERENCE.
I, the undersigned agent, hereby certify that
- the transaction insured herein is governed by RESPA,
- if Yes to the above, I have performed all "core title
agent services."
Yes No X
Yes No
ISSUED BY
McMULLEN, EVERETT, LOGAN,
MARQUARDT & CLINE, P.A.
Post Office Box 1669
Clearwater, FL 34617 1455
AGENT NO.
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EXHIBIT nAil
A strip of land 115.00 feet wide being a portion of the
North 1/2 of the SW 1/4 of the SE 1/4 of the NE 1/4 of
Section 15, Township 29 South, Range 15 East, Pinellas
County, Florida, being more particularly described as
follows:
Commencing at the Northwest corner of the North 1/2 of the
SW 1/4 of the SE 1/4 of the NE 1/4 of said Section 15;
thence S 89017'15" E., along the North line of said North
1/2 a distance of 232.00 feet; thence S 25010'05" W., 32.96
feet to the South right-of-way line of Franklin Street as
decribed in deed recorded in O.R. Book 2563, Page 179, of
the Public Records of Pinellas County, Florida, said Point
being the Point of Beginning; thence S 89017'15n E., along
said South right-of-way line, 126.33 feet; thence S
25010'05" W., 332.11 feet to the South line of the North
1/2 of the SW 1/4 of the SE 1/4 of the NE 1/4 of said
Section 15; thence N 89016'58" W., along said South line
126.33 feet; thence N 25010'05" E., 332.10 feet to the
Point of Beginning.
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FUND OWNER'S FORM
SCHEDULE B
Policy No.: OPM 789693
This policy does not insure against loss or damage by reason of the fol-
lowing exceptions:
1. Taxes for the year of the effective date of this policy and taxes
or special assessments which are not shown as existing liens by
the public records.
2. Rights or claims of parties in possession not shown by the public
records.
3. Subj ect to License Agreement by and between the City of
Clearwater, Florida, the Licensor, and the Diocese of St.
Petersburg, Florida, the Licensee, dated March 23, 1993, recorded
April 7, 1993, in O.R. Book 8231, Page 353, Public Records of
Pinellas County, Florida.
4. Subject to any unpaid municipal taxes and other assessments,
including, but not limited to, solid waste assessments, or
unrecorded liens arising by virtue or ordinances, unrecorded
agreements as to impact or other development fees, unpaid waste
fees payable to the county or municipality, or unpaid service
charges under CH F.S., or county ordinance.
5. Subject to easement to Florida Power Corporation recorded
September 27, 1971, in O.R. Book 3630, Page 206, Public Records of
Pinellas County, Florida.
6. Subject to easement to Florida Power Corporation recorded May 9,
1978, in O.R. Book 4693, Page 285, Public Records of Pinellas
County, Florida.
7. Subject to Agreement for Covenant Running with Land recorded March
17, 1992, in O.R. Book 7845, Page 1882, Public Records of Pinellas
County, Florida.
. -----
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1. Defmition of Terms I '--' "
The following terms when used in this poftcy mean: _
(a) "insured": the insured named in Schedule A, and, subject to
any rights or defenses The Fund would have had against the named
insured, those who succeed to the interest of the named insured by
operation oflaw as distinguished from purchase including, but not
limited to, heirs, distributees, devisees, survivors, personal represen-
tatives, next of kin, or corporate or fiduciary successors.
(b) "insured claimant": an insured claiming loss or damage.
(c) "knowledge" or "known": actual knowledge, not constructive
knowledge or notice which may be imputed to an insured by reason
of the public records as defined in this policy or any other records
which impart constructive notice of matters affecting the land,
(d) "land": the land described or referred to in Schedule A, and
improvements affixed thereto which by law constitute real property.
The term "land" does not include any property beyond the lines of
the area described or referred to in Schedule A, nor any right, title,
interest, estate oreasementin abutting streets, roads, avenues, alleys,
lanes, ways or waterways, but nothing herein shall modify or limit the
extent to which arightof access to and from the land is insured by this
policy.
(e) "mortgage": mortgage, deed of trust, trust deed, or other
securityinstrument.
(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 l(a) (iv) ofthe Exclusions from
Coverage, "public records" shall also include environmental protec-
tion liens filed in the records ofthe 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.
------~
Conditions and Stipulations .-
.--" . have the right to select c1nsel of its choice (subject to the right of
the insured to object for reasonable cause) to represent the insured
as to those stated causes of action and shall not be liable for and will
not pay the fees of any other counsel. The Fund 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 Fund 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 Fund 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 Fund shall exercise its rights under this paragraph, it
shall do so diligently.
(c) Whenever The Fund shall have brought an action or inter-
posed a defense as required or permitted by the provisions of this
policy, The Fund 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 Fund to
prosecute or provide for the defense of any action or proceeding, the
insured shall secure to The Fund the right to so prosecute or provide
defense in the action or proceeding, and all appeals therein, and permit
The Fund to use, at its option, the name of the insured for this purpose.
Whenever requested by The Fund, the insured, at The Fund's expense,
shall give The Fund 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 Fund may be necessary or desirable to
establish the title to the estate or interest as insured. If The Fund is
prejudiced by the failure of the insured to furnish the required coopera-
tion, The Fund'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.
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 Fund promptly in writing (i) in case
of any litigation as set forth in Section 4(a) below, (ii) in case
knowledge shall come to an insured hereunder of any claim of title
or interest which is adverse to the title to the estate or interest, as
insured, and which might cause loss or damage for which The Fund
may be liable by virtue of this policy, or (iii) if title to the estate or
interest, as insured, is rejected as unmarketable, If prompt notice
shall not be given to The Fund, then as to the insured all liability of
The Fund shall terminate with regard to the matter or matters for
which prompt notice is required; provided, however, that failure to
notify The Fund shall in no case prejudice the rights of any insured
under this policy unless The Fund shall be prejudiced by the failure
and then only to the extent of the prejudice.
4. Defense and Prosecution of Actions; Duty of Insured Claimant
To Cooperate
(a) Upon written request by the insured and subject to the options
contained in Section 6 of these Conditions and Stipulations, The
Fund, 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 encum-
brance or other matter insured against by this policy. The Fund shall
-.--
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.---....
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 Fund, a
proof ofloss or damage signed and sworn to by the insured claimant
shall be furnished to The Fund 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 ofloss or damage and shall state,
to the extent possible, the basis of calculating the amount of the loss
or damage, If The Fund is prejudiced by the failure of the insured
claimant to provide the required proof of loss or damage, The
Fund'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 ofloss or damage,
In addition, the insured claimant may reasonably be required to
submit to examination under oath by any authorized representative
of The Fund and shall produce for examination, inspection and
copying, at such reasonable times and places as may be designated
by any authorized representative of The Fund, all records, books,
ledgers, checks, correspondence and memoranda, whether bear-
ing 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 Fund, the insured claimant shall grant its
permission, in writing, for any authorized representative of The Fund
to examine, inspect and copy all records, books, ledgers, checks,
correspondence and memoranda in the custody or control of a third
party, which reasonably pertain to the loss or damage. All information
designated as confidential by the insured claimant provided to The
Fund pursuant to this Section shall not be disclosed to others unless,
in the reasonable judgment of The Fund, 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
-.-
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Conditions and Stipulations (continued on following page)
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OWNER'S
TITLE INSURANCE
POllCY
Attorneys'
TItle Insurance FlUld,
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information from third parties as required in this paragraph shall
terminate any liability of The Fund under this policyas to that claim.
Conditions and Stipulations (continued)
6. Options To Payor OtheIWise Settle Claims;
Termination of Liability
In case of a claim under this policy, The Fund shall have the
following additional options:
(a) To Payor Tender Payment of the Amount of Insurance.
To payor tender payment of the amount of insurance under this
policy together with any costs, attorneys' fees and expenses incurred
by the insured claimant, which were authorized by The Fund, up to
the time of payment or tender of payment and which The Fund is
obligated to pay.
Upon the exercise by The Fund 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 obliga-
tion to defend, prosecute, or continue any litigation, and the policy
shall be surrendered to The Fund for cancellation.
(b) To Payor OtheIWise Settle With Parties Other than the
Insured or With the Insured Claimant.
(i) to payor othelWise settle with other parties for or in the
name of an insured claimant any claim insured against under this
policy, togetherwith any costs, attorneys' fees and expenses incurred
by the insured claimant which were authorized byThe Fund up to
the time of payment and which The Fund is obligated to pay; or
(ii) to payorothelWise 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 Fund up to the time of payment and
which The Fund is obligated to pay,
Upon the exercise by The Fund of either of the options provided
for in paragraphs (b) (i) or (ii), The Fund's obligations to the
insured under this policy for the claimed loss or damage, other than
the payments required to be made, shall terminate, including any
liability or obligation to defend, prosecute or continue any litigation.
7. Determination, Extent of Liability and Coinsurance
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 ofThe Fund under this policy shall not exceed the
least of:
(i) the Amount ofInsurance 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) (This paragraPh dealing with Coinsuranre was removed from
Florida policies.)
(c) The Fund will pay only those costs, attorneys' fees and expenses
incurred in accordance with Section 4 of these Conditions and
Stipulations.
8. Apportionment
If the land described in Schedule A consists of two or more parcels
which are not used as a single site, and a loss is established affecting
one or more of the parcels but not all, the loss shall be computed and
settled on a pro rata basis as 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 Fund 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 Fund establishes the title, orremoves 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 diligen t 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 Fund
or with The Fund's consent, The Fund 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 Fund 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 Fund.
10. Reduction of Insurance; Reduction or Tennination
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 Noncumulative
It is expressly understood that the amount of insurance under this
policy shall be reduced by any amount The Fund 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 Fund.
(b) 'Wilen liability and the extent of loss or damage has been
definitely fixed in accordance with these Conditions and Stipula-
tions, the loss or damage shall be payable within 30 days thereafter.
13. Subrogation Upon Payment or Settlement
(a) The Fund's Right of Subrogation.
Whenever The Fund shall have settled and paid a claim under this
policy, all right of subrogation shall vest in The Fund unaffected by
any act of the insured claimant.
The Fund 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, Ifrequested by The Fund, the insured claimant shall transfer
to The Fund all rights and remedies against any person or property
necessary in order to perfect this right of subrogation, The insured
claimant shall permit The Fund to sue, compromise or settle in the
name of the insured claimant and to use the name of the insured
claimant in any transaction or litigation involving these rights or
remedies,
If a payment on account of a claim does not fully cover the loss of
the insured claimant, The Fund shall be subrogated to these rights
and remedies in the proportion which The Fund's payment bears
to the whole amount of the loss.
Ifloss should result from any act of the insured claimant, as stated
above, that act shall not void this policy, but The Fund, in that event,
shall be required to pay only that part of any losses insured against
by this policy which shall exceed the amount, if any, lost to The Fund
Conditions and Stipulations (continued on reverse page)
Conditions and Stipulations (continued)
by reason of the impairment by the insured claimant of The Fund's
right of subrogation,
(b) The Fund's Rights Against Non-insured Obligors.
The Fund'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 appliroble law, arbitration pursuant to the Title
Insurance Arbitration Rules of the American Arbitration Association may
be demanded if agreed to by both The Fund and the insured. Arbitrable
matters may indude, but are oot limited to, a1ry controversy or claim
between The Fund and the insured arising out of or relating to this policy,
and seroice of The Fund in connection with its issuance or the breach of a
policy provision or other obligation. Arbitration pursuant to thispolicy and
under the Rules in tffect on the date the demand for arbitration is made or,
at the uption of the insured, the Rules in tffect at Date of Policy slwll be
binding upon the parties. The award may include attorneys 'fees only if the
laws of the state in which the land is located pennit a rourt to award
attorneys' fees to a prroailing party. Judgment upon the award rendered
by the Arbitrator( s) may be entered in a1ry court lwuing 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 Fund upon request
15. liability Limited to this Policy; Policy Entire Contract
(a) This policy together with all endorsements, if any, attached
hereto by The Fund is the entire policy and contract between the
insured and The Fund. In interpreting any provision of this policy,
this policy shall be construed as a whole.
(b) Any claim ofloss or damage, whether or not based on negli-
gence, 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 ofar endorsement to this policy can be made
except by a writing endorsed hereon or attached hereto signed by
either the President, a Vice President, or Agent of The Fund.
16. Severability
In the event any provision of the policy is held invalid or unen-
forceable 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 Fund and any statement in
writing required to be furnished The Fund shall include the
number of this policy and shall be addressed to The Fund at its
principal office at Post Office Box 628600, Orlando, Florida
32862-8600.
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, INELLAS COUNT G 353
INST # 93-097523 OFF.REC.BK 8231 P
APR 7, 1993 4:42PM
L ICE N S E
A G R E EM E N T
THIS LICENSE, AGREEMENT is made and entered into this 23d day
of March, 1993, by and between the CITY OF CLEARWATER, FLORIDA,
the Licensor, hereinafter called "City", and the DIOCESE OF ST.
PETERSBURG,.FLORIDA, the Licensee, hereinafter ca:lled "Diocese";
r- ' WHEREAS, the City is the owner of a certain parcel of land
A~~<t)purchased from the Diocese on this 23d day of March, 1993, said
parcel, being 115 feet in width, more or less, and improved with
approximately 300 feet of 4-foot high chain link fencing within
the easterly boundary thereof, said parcel running southwesterly
between properties owned by the Diocese, all as depicted in
EXHIBIT "A ~' attached hereto, which property is re.ferred to herein
as the ,u Ci ty Parcel;" and
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WHEREAS, the Diocese is the owner of a certain circular
driveway, a portion of which encroaches onto the City Parcel a
distance of 4.3 feet at a point approximately 65 feet south of
the northwest corner of the City Parcel, also as depicted in
EXHIBIT "A," the encroaching portion of the driveway being
referred to herein as the "Circular Drive"; and
WHEREAS, the Diocese wishes to retain the full use of the
Circular Drive as it presently exists, without structural
modification or realignment, and the City has no objection to the
continued use of the Circular Drive as it presently exists; and
WHEREAS, the City intends to install at a date not yet
certain an extension of the Marshall Street South sanitary sewer
interceptor replacement within the boundaries of the City Parcel;
and
WHEREAS, the City may require from the Diocese a ten-foot
wide temporary construction easement along the western boundary
of the City Parcel during construction of the sanitary sewer
interceptor replacement; and
WHEREAS, although proposed improvements to Stevensons Creek
are expected to be constructed wholly within the boundaries of
the City Parcel, it may become necessary to relocate the chain
link fencing from the City Parcel;
NOW, THEREFORE, the parties do hereby agree:
1. The City grants to the Diocese a non-exclusive license
to use the Circular Drive as a part of the driveway located upon
the adjoining property owned by the Diocese, without modification
or alteration by the Diocese.
...
(a) The license to use the Circular Drive shall continue
for so long as the driveway located upon the adjoining property
KARLEEN F. DEBLAKER, CLERK
RECORD VERIFIED BY: A.--
I
I
CITY OF CLEARWATER
Interdepartmental Correspondence Sheet
TO:
Cynthia E. Goudeau, City Clerk
M. A. Galbraith, Jr., City Attorney ~
Purchase from Diocese of st. Petersburg of strip of land
at st. Cecelia's School property
FROM:
RE:
DATE:
April 13, 1993
This property purchase was completed on April 7, 1993, and enclosed
are the following documents:
Contract for Purchase and Sale
Closing Statement
Warranty deed
Title Commitment # C-1722717 issued by Attorneys'
Title Insurance Fund, Inc.
License agreement re: driveway and fencing.
I Wi~d the original warranty deed and title policy when I
receive them.
MAG: jmp
Enclosures
Copy to:
Daniel J. Deignan, Finance Director w/copy of settlement statement
llECElVED
APR 1 6 1993
CllY CLERK
CONTRACT FOR SALE AND PURCHASE
;'ARTlES:~9cese of St. Petersbur ,(":~eller"),
" P. O. Box 40200, St. Pet sbur Fl. 33742 (Phone 344-1611 -
3rill ci ty of Clearwater, 'a Florida Municipal Corporation ,("Buyer"),
Jf P. O. Box 4748, Clearwater, Fl. 34618-4748 (Phone 462-6760 ),
1ereby agree that the Seller shall sell and Buyer shall buy the following real properly ("Real Property") and personal property ("Personalty") (collectively "Property") upon the following
:erms and conditions which INCLUDE the Standards for Real Estate Transactions printed on the reverse or attached ("Standard(sn and any addendum to this instrument.
DESCRIPTION: (a) Legal description of Real Property located in pine 11 as County, Florida:
As per EXHIBIT "A" attached hereto and made a part hereof
FOLLOWING EXECUTION BY SELLER, THIS AGREEMENT SHALL BE HELD UNCONDITIONALLY OPEN FOR APPROVAL
AND ACCEPTANCE BY THE CLEARWATER CITY COMMISSION FOR A PERIOD OF THIRTY (30) DAYS THEREAFTER.
N/A
(b)
(c)
Street address, city. zip, of the Property is:
Personalty: None
II.
PURCHASE PRiCE..,....,."" " "..,...., ,.",.....""".,.,....,.."."...,.....",."...."",.""" ,...", "",.."..,.",....,........".'".".., $
PAYMENT:
(a) Deposit(s) to be held in escrow by
(b) Subject to AND assumption of mortgage in good standing in favor of
94,000.00
N/A
in the amount of
$
N/A
N/A
N/A
N/A
N/A
94.000.00
having an approximate present principal balance of $
Purchase money mortgage and mortgage note bearing annual interest at N / A % on terms set forth herein, in amount of ,.,.".,., $
Other: N / A $
(c)
(d)
(e) Balance to close (U,S, cash, LOCALLY DRAWN certified or cashier's check), subject to adjustments and prorations.""".,....."..,.". $
III. TIME FOR ACCEPTANCE; EFFECTIVE DATE: If this offer is not executed by and delivered to all parties OR FACT OF EXECUTION communicated in writing between the parties
)n or before5 days after Commiss ion acceptance . the deposit(s) will, at Buyer's option. be returned to Buyer and the offer withdrawn,
-he date oi this Contract ("Effective Date") will be the date when the last one of the Buyer and the Seller has signed this offer.
,v. FINANCING: (a) If the purchase price or any rrf7 iff it is to be financed by a third party loan, this Contract for Sale and Purc~7ll'Contract") is conditio~Q gn the Buyer
Jbtaining a written commitment for the loan within days from Effective Date. at an initial interest rate not to exceed 1 %; term of / years;
lnd in the principal amount of $ N / A . Buyer will make application within N / A days from Effective Date. and use reasonable diligence to obtain the loan com-
llitent and, thereafter, to meet the terms and conditions of the commitiment and to close the loan, Buyer shall pay all loan expenses, If Buyer fails to obtain the loan commitment and,
Jromptly notifies Seller in writing, or after diligent effort fails to meet the terms and conditions of the commitment or to waive, Buyer's rights under this subparagraph within the time
3tated for obtaining the commitment, then either party may cancel the Contract and Buyer shall be refunded the deposit(s),
(b) ,The existing mortgage described in Paragraph lI(b) above has (CHECK (1) OR (2)): (1) 0 a variable interest ratN9~(2) 0 a fixed interest rate of N / fA ' , % P'N p~num,
.\t time of title transfer some fixed interest rates are subject to increase, If increased, the rate shall not exceed ' % per annum. Seller shall, within I.
Jays from Effective Date, furnish a statement from all mortgagees stating principal balances, method of payment, interest rate and status of mortgages, If Buyer has agreed to assume
" mortgage which requires approval of Buyer by the mortgage1Jf9Aassumption, then Buyer shal'tfrpKPtlY obtain all required applications and will diligently complete and return them
o the mortgagee, Any mortgagee chargers) not to exceed $ 1 shall be paid by 1 J (if not filled in, equally divided), If the Buyer is not accepted
JY mortgagee or the requirements for assumption are not in accordance with the terms of the Contract or mortgagee makes a charge in excess of the stated amount, Seller or
3uyer may rescind this Contract b1 ffDmpt written notice to the other party unless either elects to pay the increase in interest rate or excess mortgagee charges,
V. TITLE EVIDENCE: At least ----'- days before closing date, Seller shall, at Seller's expense, deliver to Buyer or Buyer's attorney, in accordance with Standard A, (Check' (1)
x (2)): (1) 0 abstract of title OR (2)KXtitle insurance commitment.
II. CLOSING ,DATE: This transaction shall be closed and the deed and other closing papers delivered oJ'ER ADDENDU~ unless extended by other provisions of Contract.
/11. RESTRICTIONS; EASEMENTS; LIMITATIONS: Buyer shall take title subject to: zoning, restrictions, prohibitions and other requirements imposed by governmental authority; restrictions
,nd matters appearing on the plat or otherwise common to the subdivision; public utility easements of record (easements are to be loca'ed contiguous to Real Property lines and
ot more than 10 feet in width as to the rear or front lines and 7'h feet in width as to the side lines, unless otherwise specified herein); taxes for year of closing and subsequent
'ears; assumed mortgages and purchase money mortgages. if any; other: None
:rovided. that there exists at closing no violation of the foregoing and none of them prevents use of Real Property for 1'11 h 1 i r purpose(s).
Jill. OCCUPANCY: Seller warrants that there are no parties in occupancy other than Seller, but if Property is intended to be rented or occupied beyond closing, the fact and terms
hereof shall be stated herein, and the tenant(s) or occupants disclosed pursuant to Standard F. Seller agrees to deliver occupancy of Property at time of closing unless otherwise
otated herein. If occupancy is to be delivered before closing, Buyer assumes all risk of loss to Property from date of occupancy, shall be responsible and liable for maintenance from
hat date, and shall be deemed to have accepted Property in their existing condition as of time of taking occupancy unless otherwise stated herein or in a separate writing.
X. TYPEWRITTEN OR HANDWRITTEN PROVISIONS: Typewritten or handwritten provisions shall control all printed provisions of Contract in conflict with them,
'<. INSULATION RIDER: If Contract is utilized for the sale of a new residence, the Insulation Rider or equivalent may be attached,
:(1. COASTAL CONSTRUCTION CONTROL LINE ("CCCL") RIDER: If Contract is utilized for the sale of Property affected by the CCCL, Chapter 161, F,S" (1985), as amended,
;hall apply and the CCCL Rider or equivalent may be attached to this Contract.
:(11. FOREIGN INVESTMENT IN REAL PROPERTY TAX ACT ("FIRPTA") RIDER: The parties shall comply with the provisions of FIRPTA and applicable regulations which could
3quire Seller to provide additional cash at closing to meet withholding requirements, and the FIRPTA Rider or equivalent may be attached to this Contract
(III. ASSIGNABILITY: (CHECK (1) or (2)): Buyer (1 )u.may assign OR (2) 0 may not assign Contract.
,(IV. SPECIAL CLAUSES: (CHECK (1) or (2)): Addendum (1) IX is attached OR (2) 0 is not applicable.
THIS IS INTENDED TO BE A LEGALLY BINDING CONTRACT.
IF NOT FULLY UNDERSTOOD, SEEK THE ADVICE OF AN ATTORNEY PRIOR TO SIGNING.
THIS FORM HAS BEEN APPROVED BY THE FLORIDA ASSOCIATION OF REALTORS AND THE FLORIDA BAR.
Approval does not constitute an opinion that any of the tenns and conditions in this Contract should be accepted by the parties in a particular tlansaction. Terms
and conditions should be negotiated based upon the respective interests, objectives and bargaining positions of all interested persons.
COPYRIGHT 1988 BY THE FLORIDA BAR AND THE FLORIDA ASSOCIATION OF REALTORS, INC,
EXECUTION BY THE PARTIES OF ADDENDUM ATTACHED HERETO AND MADE A PART HEREOF CONSTITUTES
ACCEPTANCE OF ALL TERMS AND CONDITIONS OF T%It~ CONTRACT FOR SALE AND PURCHASE AND ALL ATTACHME
(Seller)
~cial Security or Tax I.D. #
Date
Date
(Seller)
C, SURVEY: Buyer, at Buyer's expense, within time "~:0wed to deliver evidence of title and to examine same, may have Real Property surveyed and certified by a registered Flor:
surveyor. If survey shows encroachment on Real Property or that improvements located on Real Property encroach on setback lines, easements, la;,:1s of others, or violate any restrictior
Contract covenants or applicable governmental regulation, the same shall constitute a title defect.
D, TERMITES: Buyer, at Buyer's expense, within {ime allowed to deliver evidence of title and to examine same, may have Real Property inspected by a Florida Certified Pest Cant,
Operator to determine if there is any visible active termite infestation or visible existing,.damage from termite infestation in the improvements, If either or both are found, Buyer 'I.
have 4 days from date of written notice thereof, within which to have all damages; "-'bether visible or not, inspected and estimated by a licensed builder or general cOlltractor, S811
shall pay valid costs of treatment and repair of all damage up to 2% r:} PJ.rrch!~S'e-d~:ice Should such costs exceed that amount, Buyer shall have the option of cancelling Contra
within 5 days after receipt of contractor's repair estimate by giving wrjllen'.hotice"to S2iier or Buyer may elect to proceed with the transaction, in which event Buyer shall rec",'
a credit at closing of an amount equal to the total of the treatment and repair estimate not in excess of 2% of the purchase price, "Termites" shall be deemed to include all woe
destr')ying organisms required to be reported under the Florida Pest Control Act.
E. INGRESS AND EGRESS: Seller warrants and represents that there is ingress and egress to the Real Property sufficient for the intended use as described in Paragraph VII here:
title to which is in accordance with Standard A.
F. L;:,ASES: Seller shall, not less than 15 days before closing, furnish to Buyer copies of all written leases and estoppel letters from each tenant speCifying the nature and duratic
of the tenant's occupancy, rental rates, advanced rent and security deposits paid by tenant. If Seller is unable to obtain such letter from each tenant, the same information shall t
"',;rnished by Seller to Buyer within that time period in the form of a Seller's affidavit, and Buyer may thereafter contact tenants to confirm such information, Seller shall, at closin
..:Iver and assign all original leases to Buyer. '
,}, LIENS: Seller shall furnish to Buyer at time of closing an affidavit attesting to the absence. unless otherwise provided for herein, of any financing statements, claims of lien
pOI~n"al lienors known to Seller and further attesting that there have been no improvements or repairs to Property for 90 days immediately preceding date of closing, If Proper'
has been improved, or repaired within that time, Seller shall deliver releases or waivers of mechanics' liens executed by all general contractors, subcontractors, suppliers, and materialmf
in addition to Seller's lien affidavit setting forth the names of all such general contractors, subcontractors, suppliers and materialmen and further affirming that all charges for improvement
,;r repairs which could serve as a basis for a mechanic'S lien or a claim for damages have been paid or will be paid at closing,
H, PLACE OF CLOSING: Closing shall be held in the county where Real Property is located, at the office of the attorney or other closing agent designated by Seller.
I. TIME:, Time is of the essence of this Contract. Time periods herein of less than 6 days shall in the computation exclude Saturdays, Sundays and state or national legal holiday
and any timp. period provided for herein which shall end on Saturday, Sunday or legal holiday shall extend to 5:00 p,m, of the next business day,
J. DOCUMENTS FOR CLOSING: Seller shall furnish deed, bill of sale, mechanic's lien affidavit, assignments of leases, tenant and mortgagee estoppel letters. and corrective instrument'
Buyer shall furnish closing statement, mortgage, mortgage note, security agreement, and financing statements,
K. EXPENSES: Documentary stamps on the deed and recording corrective instruments shall be paid by Seller. Documentary stamps, intangible tax and recording purcl1ase mane
mortgage to Seller. deed and financing statements shall be paid by Buyer.
L. PRORATIONS; CREDITS: Taxes, assessments, rent, interest, insurance and other expenses and revenue of Property shall be prorated through day before closing, Buyer shall hav
the option of taking over any existing policies of insurance, if assumable, in which event premiums shall be prorated, Casl1 at closing shall be increased or decreased as may t
"equired by prorations. Prorations will be made through day prior to occupancy if occupancy occurs before closing, Advance rent and security deposits will be credited to Buyer ar
,scrow deposits held by mortgagee will be credited to Seller, Taxes shall be prorated based on the current year's tax with due allowance made for maximum allowable discoun
ilomeste2-:J and other exemptions. If closing occurs at a date when the current year's millage is not fixed, and current year's assessment is available, taxes will be prorated base
upon sue.'l assessment and the prior year's millage, If current year's assessment is not available, then taxes will be prorated on the prior year's tax, If there are completed improvement
on Real Property by January 1st of year of closing which improvemElnts were not in existence on January 1st of the prior year Jhen taxes shall be prorated based upon the pnc:
year's millage and at an equitable assessment to be agreed upon between-the parties. "jailint;fwnich, request "will be made to the County Property Appraiser for an infcrmal assessmel
taking into consideration available exemptions, Any tax proration based on an estimate may, at request of either Buyer or Seller, be subsequently readjusted upon receipt of tax b
on condition that a statement to t11at effect is in the closing statement.
M, SPECIAL ASSESSMENT LIENS: Certified, confirmed and ratified special assessment liens as of date of closing (and not as of Effective Date) are to be paid by Seller, Pendir,
liens as of date of closing shall be assumed by Buyer. If the improvement has been substantially completed as of Effective Date, such pending 'ien shall be considered as certifie,'
confirmed or ratified and Seller shall, at closing, be charged an amount equal to the last estimate of assessment for the improvement by the public body,
N, INSPECTION, REPAIR AND MAINTENANCE: Seller warrants that. as of 10 days prior to closing, the ceiling, roof (including the fascia and soffits) and exterior and interior wall
do not have any VISIBLE EVIDENCE of leaks or water damage and that the septic tank. pool, all major appliances, heating, cooling, electrical, plumbing systems and machinery ar
in WORKING CONDITION. Buyer may, at Buyer's - expense, have inspections made of those items by an appropriately Florida licensed person dealing in the construction. repair 0
maintenance of those items and shall report in writing to Seller such items that do not meet the above standards as to defects together with the cost of correcting them, prior t
Buyer's occupancy or not less than 10 days prior to closing, whichever occurs first. Unless Buyer reports such defects within that time Buyer shall be deemed to have waived Seller
warranties as to defects not reported, If repairs or replacement are required, Seller shall pay up to 3% of the purchase price for such repairs or replacements by an appropriate I'
Florida licensed person selected by Seller. If the cost for such repairs or replacement exceeds 3% of the purchase price, Buyer or Seller may elect to pay such excess, failing whio'
either party may cancel this Contract. If Seller is unable to correct tile defects prior to closing, the cost thereof shall be paid into escrow at closing. Seller will, upon reasonabi<
notice, provide utilities service for inspections, Between Effective Date and the closing, Seller shall maintain Property including but not limited to the lawn and shrubbery, in the conditio
herein warranted, ordinary wear and tear excepted, Buyer shall be permitted access for inspection of Property prior to closing in order to confirm compliance with this Standarc
O. RISK OF LOSS: If the Property is damaged by fire or other casualty before closing and cost of restoration does not exceed 3% of the assessed valuation of the Property 5
damaged, cost of restoration shall be an obligation of the Seller and closing shall proceed pursuant to the terms of Contract with restoration costs escrowed at closing, If the co,
of restoration exceeds 3% of the assessed valuation of the improvements so damaged, Buyer shall have the option of either taking Property as is. together with either the 3% <:
any insurance proceeds payable by virtue of such loss or damage, or of cancelling Contract and receiving return of deposit(s),
P. PROCEEDS OF SALE; CLOSING PROCEDURE: The deed shall be recorded upon clearance of funds. If abstract, evidence of title shall be continued at Buyer's expense to shc\'
title in Buyer, witl10ut any encumbrances or change which would render Seller's title unmarketable from the date of the last evidence. Proceeds of tile sale shall be held in escrO\
by Seller's attorney or by such other mutually acceptable escrow agent for a period of not longer than 5 days from and after closing date, If Seller's title is rendered unmarketab:;
tl1rough no fault of Buyer, Buyer shall, within the 5 day period. notify Seller in writing of the defect and Seller shall have 30 days from date of receipt of such notification to cur
the defect. If Seller fails to timely cure the defect, all deposit(s) shall, upon written demand by Buyer and within 5 days after demand, be returned to Buyer and simultaneously wit
such repayment, Buyer shall return Personalty and vacate Real Property and reconvey it to Seller by special warranty deed, If Buyer fails to make timely demand for refund, Buye
sl1all take title as is, waiving all rights against Seller as to any intervening defect except as may be available to Buyer by virtue of warranties contained in the deed, If a portio
of the purchase price is to be derived from institutional financing or refinancing, requirements of the lending institution as to place, time of d:1y 8nd procedures for closing, and fe
disbursement of mortgage proceeds shall control over contrary provision in this Contract. Seller shall have the right to require from the lending in~titution a written commitment the
it will not withhold disbursement of mortgage proceeds as a result of any title defect attributable to Buyer-mortgagor, The escrow and closing procedure required by this Standar
may be waived if title agent insures adverse matters pursuant to Section 627,7841, FS, (1987). as amended,
Q. ESCROW: Any escrow agent (UAqentU) receiving funds' or equivalent is authorized and agrees by acceptance of them to deposit them promptly, hold same in escrow and, subiec
to clearance, disburse them in accordance witl1 terms and conditions of Contract. Failure of clearance of funds shall not excuse Buyer's performance. If in doubt as to Agent's dutie
or liabilities under the provisions of Contract, Agent may, at Agent's option, continue to hold the subject matter of the escrow until tile parties mutually agree to its disbursemen
'Jr until a judgment of a court of competent jurisdiction shall determine the rights of the parties or Agent may deposit with the clerk of the circuit court having jurisdiction of tl"
dispute. Upon notifying all parties concerned of such action, all liability on the part of Agent shall fully terminate, except to the extent of accounting for any items previously delivere
out of escrow. If a licensed real estate broker, Agent will comply with provisions of Cl1apter 475, F,S, (1987). as amended, Any suit between Buyer and Seller where Agent is mad
a party because of acting as Agent hereunder, or in any suit wherein Agent interpleads the subject matter of the escrow, Agent shall recover reasonable attorney's fees and cost
ncurred with the fees and costs to be charged and assessed as court costs in favor of the prevailing party. Parties agree that Agent shall not be liable to any party or perso
,r misdelivery to Buyer or Seller of items subject to this escrow, unless such misdelivery is due to willful breach of Contract or gross negligence of Agent.
ATTORNEY FEES; COSTS: In any litigation arising out of this Contract, the prevailing party shall be entitled to recover reasonable attorney's fees and costs,
FAILURE OF PERFORMANCE: If Buyer fails to perform this Contract within the lime specified (including payment of all deposit(s)), tile deposit(s) paid by Buyer may be retainc;
, or lor the account of Seller as agreed upon liquidated damages, consideration for the execution of tllis Contract and in full settiement of any claims; whereupon, Buyer and Sel:",
,II be relieved of all obligations under Contract; or Seller, at Seller's option, may proceed in equity to enforce Seller's rigllts under tllis Contract. If, for any reason other than failur
'!ler to make Seller's title marketable after diligent effort, Seller fails, neglects or refuses to perform tllis Contract, the Buyer may seek specific performance or elect to receiv~
"turn of Buyer's deposit(s) without tllereby waiving any action for damages resulting from Seller's breach,
')NTRACT NOT RECORDABLE; PERSONS BOUND; NOTICE: Neither this Contract nor any notice of it shall be recorded in any public records. This Contract shall bind an
to the benefit of the parties and their successors in interest. Whenever the context permits, singular sllall include plural and one gender shall include all. Notice given by 0'
,e attorney for any party shall be as effective as il given by or to that party,
:ONVEYANCE: Seller shall convey title to Real Property by statutory warranty, trustee's, personal representative's or guardian's deed, as appropriate to the status of Seller, subjec
to matters contained in Paragraph VII and tllose otherwise accepted by Buyer, Personalty Sl1311, at request of Buyer, be transferred by an absolute bill of sale with warrant
Itle, subiect only to such matters as may be otherwise provided for herein,
OTHER AGREEMENTS: No prior or present agreements or representations shall be binding upon Buyer or Seller unless inciuded in tllis Contract. No modification or change i'
, Contract shalllJe valid or binding upon the parties unless in writing and executed by the party or oarties intended to be bound by it
WARRANTIES: Seller warrants that there are no facts known to Seller materially affecting the value of the Real Property which are not readily observable by Buyer or whic
"e not been disclosed to Buyer,
I
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EXHIBIT " A "
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13
14
S 89'17'15" E
232.00'
32.96'
1
FRANKLIN
ST,
2
N.L1NE. N1/2 of SW1/4
of SE1/4 of NE1/4 of
SEC. 15-29-15
3
5
Diocese of St. Petersburg
4
S~IV l:
f?OS~ ~
S. BOUNDARY, N1/2. SW1/4
SE1/4, NE1/4. SEC. 15
~
North
36
COURT STREET
S,R,
651
This is not
a Survey
LEGAL DESCRIPTION:
A strip of land 115.00 feet wide being a portion of the North 1/2 of the
SW 1/4 of the SE 1/4 of the NE 1/4 of Section 15, Township 29 South,
Range 15 East, Pinellas County, Florida, being more particularly described
as follows:
Commencing at the Northwest corner of the North 1/2 of the SW 1/4
of the SE 1/4 of the NE 1/4 of said Section 15; thence S 89017'15" E.,
along the North line of said North 1/2 a distance of 232.00 feet; thence
S 25010'05" W., 32.96 feet to the South right-of-way line of Franklin
Street as described in deed recorded in O.R. Book 2563, page 179, of the
Public Records of Pinellas County, Florida said point being the Point of
Beginning; thence S 89017'15" E., along said South right-of-way line,
126.33 feet; thence S 25010'05" W., 332.11 feet to the South line of
the North 1/2 of the SW 1/4 of the SE 1/4 of the NE1/4 of said
Section 15; thence N 89016'58" W., along said South line 126.33 feet;
t,hence N 25.10'05" E., 332.10 feet to the Point of Beginning.
Sub ject. to easements and restrictions of record.
Containing: 38,191 square feet (0.876), more or less,
I
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ADDENDUM
To that Certain Contract For Sale and Purchase dated
--11--, 199J, by and between the following parties:
~Ol
THE DIOCESE OF ST. PETERSBURG, a Corporation Sole (Seller),
and THE CITY OF CLEARWATER, a Florida Municipal Corporation,
(Buyer)
TO WIT:
1) Contract/other Provisions Not Applicable
It is agreed by and between the parties hereto that the
following contract paragraphs, standards and disclosures
are not applicable to this transaction:
Paragraphs - IV. Financing, X. Insulation, XI. CCCL
Rider, XII. FIRPTA Rider
Standards - B. Purchase Money Mortgage, D. Termites,
F. Leases, N. Inspection, Repair and
Maintenance.
Disclosure - Radon
2) Right of Entry
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 physical inspections and analyses
thereof as Buyer shall deem necessary. Buyer assumes all
risks of such entry and agrees to defend and hold Seller
harmless from and against any claims, costs and expenses
resulting from any damage to or destruction of the property,
and any injury to or death of any person(s) arising from the
acts or omissions of Buyer or its agents in exercising this
right of entry.
3) Notices
All notices provided for herein shall be deemed to have been
duly given if and when deposited in the United States Mail,
properly stamped and addressed to the respective party to be
notified, including any agents and others who will in any
way act at the behest of the parties to satisfy all terms
and conditions of this contract.
4) Closing Date
Unless subsequently extended by mutual agreement between the
parties, this transaction shall be closed and the deed and
other documents required for closing shall be delivered on
or before sixty (60) days following approval and acceptance
of this agreement by the Clearwater City Commission.
(1)
, Ii
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5) No Broker
Seller and Buyer represent and agree 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.
By
OF ST" PETERSBURG
\~
Bish John Clement Favalora
Diocese of st. Petersburg, a
Corporation Sole
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Cf hi..~-:E._ .G€J1i<:i,' eau
Cl y Clerk :."
(2)
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CLOSING STATEMENT
McMullen, Everett, Logan, Marquardt & Cline, P.A.
Seller: JOHN C. FAVALORA, as B~shop of the Diocese of St.
Petersburg, a Corporat~on Sole
Purchaser: THE CITY OF CLEARWATER, a Flor~da Munic~pal
Corporat~on
Date: APRIL 7, 1993
Description of Property: A STRIP OF LAND 115.00 FEET WIDE BEING
A PORTION OF THE NORTH 1/2 OF THE SW
1/4 OF THE SE 1/4 OF THE NE 1/4 OF
SECTION 15, TOWNSHIP 29 SOUTH, RANGE 15
EAST, PINELLAS COUNTY, FLORIDA, ETC. -
SEE EXHIBIT RAR ATTACHED
CREDITS TO SELLER:
Total Purchase Price
$94,000.00
CREDITS TO PURCHASER:
Balance to close
$ -0-
$94,000.00
$94,000.00
$94,000.00
STATEMENT TO PURCHASER:
Balance to Close
$94,000.00
15.00
Record Warranty Deed
Total required to close
$94,015.00
STATEMENT TO SELLER:
Balance to Close
$94,000.00
Expenses:
Documentary Stamps on Deed
$
658.00
690.50
Title Insurance premium
Record License Agreement
19.50
92,632.00
$94,000.00
$94,000.00
Check attached:
SELLER:
PURCHASER:
PETERSBURG,
THE CITY OF CLEARWATER, A
FLORIDA MUNICIPAL
CORPORATIO~h~
BY:~7U- dl/1'1
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EXHIBIT nAn
A strip of land 115.00 feet wide being a portion of the
North 1/2 of the SW 1/4 of the SE 1/4 of the NE 1/4 of
Section 15, Township 29 South, Range 15 East, Pinellas
County, Florida, being more particularly described as
follows:
Commencing at the Northwest corner of the North 1/2 of the
SW 1/4 of the SE 1/4 of the NE 1/4 of said Section 15;
thence S 89017'15" E., along the North line of said North
1/2 a distance of 232.00 feet; thence S 25010'05" W., 32.96
feet to the South right-of-way line of Franklin Street as
described in deed recorded in O.R. Book 2563, Page 179, of
the Public Records of Pinellas County, Florida, said Point
being the Point of Beginning; thence S 89017'15" E., along
said South right-of-way line, 126.33 feet; thence S
25010'05" W., 332.11 feet to the South line of the North
1/2 of the SW 1/4 of the SE 1/4 of the NE 1/4 of said
Section 15; thence N 89016'58" W., along said South line
126.33 feet; thence N 25010'05" E., 332.10 feet to the
Point of Beginning.
HJND FORM C
.................
-
Land Title Association Commitment - 1966
COMMITMENT
Attorneys' Title Insurance Fund, Inc.
ORLANDO, FLORIDA
Commitment To Insure Title
ATTORNEYS' TITLE INSURANCE FUND, INC., a Florida corporation, herein called The Fund,
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; subject to the provisions of Schedules 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
Fund, either at the time of the issuance of this Commitment or by subsequent endorsement.
This Commitment is preliminary to the issuance of such policy or policies of title insurance and
all liability and obligations hereunder shall cease and terminate six months after the effective
date hereof or when the policy or policies committed for shall issue, whichever first occurs,
provided that the failure to issue such policy or policies is not the fault of The Fund.
In Witness Whereof, ATTORNEYS' TITLE INSURANCE FUND, INC. has caused this Commit-
ment to be signed and sealed as of the effective date of Commitment shown in Schedule A, the
Commitment to become valid when countersigned by an authorized signatory.
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Attorneys' Title Insurance Fund, Inc.
By ~ ~&a"
Charles J. Kovaleski
President
SERIAL
c- 1722717
I
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FUND COMMITMENT FORM
SCHEDULE A
Commitment No.: C-1722717
Effective Date:
December 3, 1992 at 11:00 pm
Agent's File Reference: #7750-92 ECM
1.
Policy or Policies to be issued:
Proposed Amount of Insurance
OWNER'S:
$94,000.00
Proposed Insured:
THE CITY OF CLEARWATER, a Florida Municipal Corporation
MORTGAGEE:
$
Proposed Insured:
2. The estate or interest in the land described or referred to in
this commitment is a fee simple (if other, specify same) and title
thereto is at the effective date hereof vested in:
JOHN C. FAVALORA, as Bishop of The Diocese of St. Petersburg, a
Corporation Sole
3. The land referred to in this commitment is described as follows:
SEE EXHIBIT II A II ATTACHED HERETO AND MADE A PART HEREOF BY
REFERENCE.
ISSUED BY
McMULLEN, EVERETT, LOGAN,
MARQUARDT & CLINE, P.A.
Post Office Box 1669
Clearwater, FL 34617 1455
AGENT NO.
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AGENT'S SIdNA~
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EXHIBIT "A"
A strip of land 115.00 feet wide being a portion of the
North 1/2 of the SW 1/4 of the SE 1/4 of the NE 1/4 of
Section 15, Township 29 South, Range 15 East, Pinellas
County, Florida, being more particularly described as
follows:
Commencing at the Northwest corner of the North 1/2 of the
SW 1/4 of the SE 1/4 of the NE 1/4 of said Section 15;
thence S 89017'15" E., along the North line of said North
1/2 a distance of 232.00 feet; thence S 25010'05" W., 32.96
feet to the South right-of-way line of Franklin Street as
described in deed recorded in O.R. Book 2563, Page 179, of
the Public Records of Pinellas County, Florida, said Point
being the Point of Beginning; thence S 89017'15" E., along
said South right-of-way line, 126.33 feet; thence S
25010'05" W., 332.11 feet to the South line of the North
1/2 of the SW 1/4 of the SE 1/4 of the NE 1/4 of said
Section 15; thence N 89016'58" W., along said South line
126.33 feet; thence N 25010'05" E., 332.10 feet to the
Point of Beginning.
I
-.'
I
FUND COMMITMENT FORM
SCHEDULE B
Commitment No.: C-1722717
I. The following are the requirements to be complied with:
1. Payment of the full consideration to, or for the account of,
the grantors or mortgagors.
2. Instruments creating the estate or interest to be insured
which must be executed, delivered and filed for record:
(a) Warranty Deed properly executed and recorded from
John C. Favalora, as Bishop of The Diocese of St.
Petersburg, a Corporation Sole, conveying subject
property to The City of Clearwater, a Florida Municipal
Corporation.
II. Schedule B of the policy or policies to be issued will contain
exceptions to the following matters unless the same are disposed
of to the satisfaction of The Fund:
1. Defects, liens, encumbrances, adverse claims or other matters,
if any, created, first appearing in the public records or
attaching subsequent to the effective date hereof but prior to
the date the proposed Insured acquires for value of record the
estate or interest or mortgage thereon covered by this commit-
ment.
2. Any owner policy issued pursuant hereto will contain under
Schedule B the standard exceptions set forth at the inside
cover hereof. Any mortgagee policy will contain under Sched-
ule B the standard exceptions unless an affidavit of posses-
sion and a satisfactory current survey are submitted, an
inspection of the premises is made, it is determined the cur-
rent year's taxes or special assessments have been paid, and
it is determined there is nothing of record which would give
rise to mechanics' liens which could take priority over the
mortgage (where the liens would otherwise take priority, sub-
mission of waivers is necessary).
3. Subject to any unpaid municipal taxes and other assessments,
including, but not limited to, solid waste assessments, or
unrecorded liens arising by virtue of ordinances, unrecorded
agreements as to impact or other development fees, unpaid
waste fees payable to the county or municipality, or unpaid
service charges under CH 159 F.S., or county ordinance.
SEE ATTACHED FOR ADDITIONAL EXCEPTIONS.
I
I
4. Subject to easement to Florida Power Corporation recorded
September 27, 1971, in O.R. Book 3630, Page 206, Public
Records of Pinellas County, Florida.
5. Subject to easement to Florida Power Corporation recorded May
9, 1978, in O.R. Book 4693, Page 285, Public Records of
Pinellas County, Florida.
6. Subject to Agreement for Covenant Running with Land recorded
March 17, 1992, in O.R. Book 7845, Page 1882, Public Records
of Pinellas County, Florida.
10. Subject to the payment of the 1992 Real Estate Taxes, now due
and payable.
...~..-'~ ---...-_.;---"~-.......~
. _....-.~, ~--'--""'L' ............. - ~~. .......--...._
I
Standar.d ~xceptions
I
The owner policy will be subject to the mortgage, if any, noted under item two of Section I of Schedule
B hereof. All policies will be subject to the following exceptions: (1) taxes for the year of the effective date
of this Commitment and taxes or special assessments which are not shown as existing liens by the
public records; (2) rights or claims of parties in possession not shown by the public records; (3)
encroachments, overlaps, boundary line disputes, and any other matters which would be disclosed by
an accurate survey and inspection of the premises; (4) easements, or claims of easements, not shown by
the public records; (5) any lien, or right to a lien, for services, labor, or material heretofore or hereafter
furnished, imposed by law and not shown by the public records.
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 Fund in writing, The Fund shall be relieved from liability for any loss or damage resulting
from any act of reliance hereon to the extent The Fund is prejudiced by failure to so disclose such
knowledge. If the proposed Insured shall disclose such knowledge to The Fund, or if The Fund
otherwise acquires actual knowledge of any such defect, lien, encumbrance, adverse claim or other
matter, The Fund at its option may amend Schedule B of this Commitment accordingly, but such
amendment shall not relieve The Fund from liability previously incurred pursuant to paragraph 3 of
these Conditions and Stipulations.
3. Liability of The Fund 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 (a) to comply with
the requirements hereof, or (b) to eliminate exceptions shown in Schedule B, or (c) to acquire or
create the estate or interest or mortgage thereon covered by this Commitment. In no event shall
such liability exceed the amount stated in Schedule A for the policy or policies committed for and
such liability is subject to the insuring provisions, the Exclusions from Coverage and the Conditions
and Stipulations of the form of policy or policies committed for in favor of the proposed Insured
which are hereby incorporated by reference and are made a part of this Commitment except as
expressly modified herein.
4. Any action or actions or rights of action that the proposed Insured may have or may bring against
The Fund 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.
COMMITMENT
to
INSURE TITLE
Attorneys'
Title Insurance
Inc.
ORLANDO, FLORIDA
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Offices at 5955 T.G. Lee Boulevard
Orlando, Florida 32822
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RECORDED
P1NElUS CO. fL~RID'
~......~
CLE~K :1~CJ1~ COURT
SU 21 I 21 PM 't'
~.~. 3630 M 206
EASEMENT
THIS INDENTURE. Hade thb J].. 1::!- day of J v , '/
A. D. 1971, between CHARLES B. McLAUGHLIN, as Bishop of the Diocese of
St. P'!t'.!rt;lh'Jrg, nf th.. Cnunty of 'pinellas and State of Florida, Partv
of the First Part, GRANTOR herein, and FLORIDA POWER CORPORATION, a
corporation organized and existing under the laws of the State of
Florida, with its principal place of busineas at 101 Fifth Street South,
in the City of St. Petersburg. County of Pinellas and State of Florida,
Party of the Second Part, GRANTEE herein.
WITNESSE'm
A. WHEREAS, the GRANTOR is the owner in fee of a tract of land
in the County of Pinellas and State of Florida, described on GRANTEE'S
Drawing No. X-258-A (hereinafter referred to as "draving") dated
Hay 26, 1971, attached hereto, incorporated herein and by this reference
made a part hereof; and
B. WHEREAS, GRANTEE is engaged in the business of manufactuLing,
transmitting and distributing electric energy to the public; and
C. WHEREAS. GRANTOR is constructing building(s) to be known as
ST. CECELIA CONVENT. said building(s) being constructed in part or wholly
on that portion of land described on said draving (said building(s) and land
hp.Teinafter referred to as "PREMISES"). In connection therewith GRANTOR haa
requested GRANTEE to provide such facilities as are necessary to extend
electric service to said PREMISES; and
D. WHEREAS, GRANTEE will construct, install, operate and maintain
all facilities (hereinafter referred to as "FACILITIES") necessary to provide
electric service to the PREMISES and to the general public. The type, owner-
ship and location of said FACILITIES are shown on attached drawing; and
E. WHEREAS, GRANTEE is desirous of obtaining an easent-nt covering
the location, conatructionand maintenance of said FACILITIES, all in accord-
ance with existing local codes, and the National Electrical Safety Coda.
NOW, THEREFORE, for and in consideration of the mututal benefits
hereunder and all mutual covenants and conditions contained herein, GRANTOR
does h~.e~1 grant and convey to GRANTEE, for such period of time as it may
require the use of the P~{ISES nT until the use thereof is abandoned by
GRANTEE, the right, privilege and easement to (1) locet'.! its FACILITIES on,
over, across, through and under said PREMISES within the easement area shown
on said dra~ing; (2) construct, operate, maintain, repair and remove its
FACILITIES and (3) attain ingress and egress to and upon the PREMISES for
the purpose of exercising rights and privileges herein granted.
The Parties hereto agree as follows:
1. GRANTEE shall have the right to operate, inspect, alter,
improve, repair, remove and rebuild its FACILITIES togebber vith the rights
an~ privileges necessary and convenient for the full use and enjoyment
thereof.
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2, GRANTOR shall not utilize the area in which the FACILITIES
are locat~J in any vay or manner which would create a dangerous condition
with respect to said FACILITIES or create any interference with the
construction, reconstruction, removal, repair or safe operation and safe
maintenance thereof without written notification to GRANTEE and submission
of written plans of such utilization of the easement area and GRANTOR
agrees to reimburse GRANTEE for any relocation of the FACILITIES necessitated
by GRANTOR'S planned utilization of sald easement sre" , and (;"'MilwR \;uy"'....lliti
to indemnify and hold GRANTEE harmless from any and all damages and injuries,
whether to persons or property, resulting from interference, from any means
whatsoever, with the FACILITIES.
3. Should GRANTEE remove or abandon the use of its FACILITIES,
or fail for any reasonable period of time to exercise the rights herein
granted, then in that event all rights and privileges hereunder shall
cease and the easement, privileges and rights herein granted shall revert
to the GRANTOR.
4. GRANTOR covenants that he has the right to convey this
easement and that GRANTEE shall have quiet and peaceful possession, use
and enjoyment of said easement.
All covenants, terms, provisions and conditlons hereof shall
inure to the benefit of and be binding upon the Parties hereto and their
respective heirs, administrators, successors or assigns.
IN WITNESS WHEREOF, the GRANTOR has hereunto affixed his hand
snd seal the day and year first above mentioned.
Signed, sealed and delivered
in the presence of:
----
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STATE OF tLv R tl>f}.
COUNTY OF V,^-, ~ If A-,
ss.
! ~~~RY CERTIFY that on this
I1.C
day of
j U I '1
A. D. 1971, before me the undersigned authority, ~rsonally appeared
CHARLES B. McLAUGHLIN, as Bishop of the Diocese of St. PetersburR
to me known to be the person(s)
described in and who executed the foregoing instrument and has acknowledged
before m~ that __he__ executed the sam~.
WITNESS my signature and official seal in said County .nd State,
the day and year last aforesaid.
(NOTARIAL SEAL)
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My Commission Expires:
<;-,2-73
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PROPERTY DESCRIPTION:
That portion of the North 1/2 of the SW 1/4
of the SE 1/4, of the. Northeast '1/4 of Sectlon
lS.:TCND8hlp~29;South'.'1laa8. IS E.sti~lylng:~,
West:of-SteveDson.C~eek~.P1Dellas County,
Florida,
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THIS 1':,\:-;Ull'::,'~. l1I'ut., Ih'~_~_ d,,, ":_
/V'1 (tt..1..< ..-l..
bL.t'.""," Charles B. McLaughlin, as Bishop of [he Diocese of St. Peter ;curb
(GRANTORS) hnd FI.IlIUIl,\ POWER ('(lRPOIUTIO:--O. iI FI",ida. "fI."ilii"., :(;I(,\\TI'YI,
WIT\Es.<..;ETII. Thal fur and in cUllsideratioll of ttw m"fllal bt.n..fit.... ,.O\"f.nant..... itl:d l'''fld~!IHII''''
containl'd herein, I:RANTOR.s !:'lInt and l'OIlV..Y toG~A~TEE. Il~ SlIc<,,,::sors, I('ss(','", and ass;I("'" iI" "iI"'-
m('nt to install, opefllh' Rnd maintaill, for as lonl( as GH,\\TEE "'I"in's IOC' U",. (If (:JL\~T()RS' pn'rnIS"" (II'
untilJhc u~e thereof is allundonLod I" GR:\NT~~E. su<,h f'll'i1ili('s as lIn' "e<,csHar.\' and des;rnble in n'lIlil'f1I1~
underground electric service, and when applicable, t..legn'l'h <,,,d t"l<,phollC ,'ommunication servic,' to
,St. Cecelia's School Gvmnasium .andtolhl'public:
said facilities bein;( 100'llU.od on thl.- follow in,; ti('q<:ril)('(\ pn.'mises of CR":\TORS ill Pinellas CO!l~'\'.
Florida,t<rwit: ' .
The North 1/2 of the Southwest 1/4 of the Southeast 1/4 of the
Northeast 1/4 of Section 15, Township 29 South, Range 15 ~as~
less the North 30 feet for road rlght-of'-way, and the Southea:i\
1/4 of toe Southeast 1/4 of the Northeast 1/4 less road righ~
of-way, Section IS, Township 29 South, Range 15 East of Pinellas
County, Florida. Containing 13.554 acres more or less. ~
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GRANTEE'S l'aS"l1l<'nt, Rll dcseribt.od aho,'". is d"r"K'd as Ivinll 5.0 f.'Ct on each side
of the centcrlines of all of (;HANTEE'S facilities as ,t,'sil('l<.'<I and instRllt-d throul(h th,' ah(w....J..serih...d prl'm-
ises.
GRANTEE sh~1I ha\'" the riKht to r(,!",ir ,.. alt,'r ",id fa,',lit;,.s. inl'ludinK the right to alter the
voltage thereof, tO~t..Ul('r With aU rll(nlS :mo p'i\'ittoh"'o:, u.ou:o-o,iw,:,:.,- Ilh"PS!"iU'Y n; ~Dnvl'niC'~t fa:" the ("nj~):-'.~~"'!1t
or use thell'of for tilt' Purl"'S"" 111M"" dl....'rilx.d. (:J~,\\'i'F~: ,1",11 hitV(' lit,. r.",hl '0 e1"lIr Ih(' ells,'ment "f any
and all physical objecls ",hi,'h. 11\ th,' opinio" of I;RA~TEE, "IKlaal(('r propt'r opt.'rntion,
GRA:\TOHS furtoc'r j(l'anl thl.- f('alionuhlt. ril(ht for GH.\:";TEE to ('nlN CRANTORS' pn'mises
Rdjoiniag said easenl<.",t ill ,'wrc;sinl( the rij(hL.. ltTantcd.
GHANTOHS shull nnt IItilize (;HANTEE':-, ,'as('fli,'1ll ill ""~' "")' or 1I1i1111l.'r "hich wOllld CleRIc a
danKl'Nus conliitioll with n.'"I'('l'! to AAid fRcilities. or <,n'III<' all> illl"rf"r(';l{'p wilh 11<<' safe 'lOd efficient COli'
struction, operation nnd mninlelllll\('l' then.'of withnllt first l(i";lIg wrilh'n Ilotifi"..lioll 10 GR.-\!'o'TEE. lo~,th,'r
with written plans of such proposed utilization of the "'a""'nlCllt arl'a.
GRANTORSul(r<'l' to n.'imburseGRANTEE for any r"'ol'llt ion of fllcilitit.s necessitau.'lI by GRA:";T-
ORS' plannl'd utilization of snid ('aSt'ment, and GRANTORS cOWII"nt to indemnify and hold GRANTEE harmless
from any and all dan18I("s nlld in;uri..... whl.-ther to pt'r"o.,,, or 1""I,,'ny. resulting fl'Gm interference with t.....
facilities by GRANTORS. their aKl'n'" or employees.
,Thl' easell1l'nt herein granted is not exclusive and GRANTORS reserve the right to ItfIInt rights
to otht>rs affecting the ""id e.lsement. provided thltt () I notic.. is first gh'en to GRANTEE. and (2) in the reason-
able judgment of GRANTEE such rill:ht8 do not crt'a\.(' a dangerous or IInsafe condition. or unreRsonably conn ;ct
with the rights hereul\(ler.
GRANTORS eovenant that they have the riltht to convey this eas..ment. and that GR:\~EE shall
have quiet Rnd peaceful possl'ssion and use of this easel11l'nL
All covenants. u"rms and conditions shall inure !O lhe l)('nefit of, and b.. binding upon, the purties
nnd their respectivl' ht.irs. su<,eessors. lesAees. or assigns.
IN Wl1SESS WHEIU:OF. th.. GRANTOHS have h"n'lIlllo affixed thl'ir hands and seals the day
and year first above "'ritlL'n,
Signed, sealed and delivLored
in the presence of:
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STATE OF
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I HEREBY CERTIFY that on this
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A.D. 19ft: before me the undersigned authority, personally appeared
Charles B. McLaughlin, as Bishop of the Diocese of St. Petersburg
to me known to be the perSOI!I~l described in and who l!xecu~ the foregoing
inatrument and ba L acknowledged before me that _ he _ executed the same.
aforesaid.
WITNESS my aignature and official &eal in said County ami Stale. the day and year lad
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My Commission Expircll:
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l" f\ECORDINCI D. The maintenance required in Specific Condition No.(s) 9 and 10 provide:
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13
STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL REGULATION
In Re: Stevenson Creek
(PN): Oty of Oearwater
Permit No.: 521619369
AGREEMENT FOR COVENANT RUNNING WITH LAND
-
In consideration of the Oty of Oearwater's promises contained herein, and the State of
Florida Department of Environmental Regulation's ("Department") acceptance of the Oty
of Oearwater's promise to enter into this agreement as part of the reasonable assurances
provided by the Oty of Oearwater In its application for the above designated permit, the
Oty of Oearwater and Department agree as follows:
I. BACKGROUND
A The Oty of Oearwater has submitted to the Department an application for, and
the Department has issued, Permit No. 521619369 (the "permit"), authorizing certain
dredging and filling activities in Stevenson Creek. The permit expires on December 6,
1994. The terms and requirements of the permit are lIlCOrporated herein by reference.
II. MAINTENANCE REQUIREMENT AND ENFORCEABILITY
A Specific permit conditions require debris removal and maintenance dredging
activities in the area descnbed in Paragraph IA, located on certain land situated in Township
29 South, Range 15 East, in Pinellas County, Florida
B. As required by Specific Condition No.(s) 9 and 10 of the permit, the Oty of
Oearwater acknowledges and agrees that its obligation to perform maintenance activities
required by the permit continues in perpetuity, notwithstanding that the permit expires
December 6, 1994.
C. This Agreement is enforceable as a contract or as an order of the Department.
9.
Maintenance dredging and debris removal from the sediment trap shall be
conducted as descnbed below.
a. The ~iment trap shall be dredged at least once every six
months. Records of dredging. including the equipment used, ~te~rat
"EC _"
yCEt. ~
KflFiLEEN F [IE
RECORD . BLAKER, CLERK
VERIFIED BY: ~
fi~ 2 ~ 19i1
PINElLIlS COUNTY
OFF.REC.BK 784~
dredging. weathcr conditions during dredging and thc volume of
material excavated, shaJJ be submitted to the Departmcnt within 30
days of the completion of each maintenance dredging.
b. A sediment curtain sbaJl be placed across thc creek immediatcly north
of the Palmetto Street bridge whilc maintenance dredging of the
sediment trap is underway. Any sediments which may accumulate in
front of tt~ trap shall be removed prior to the removal of the sediment
curtain.
Co Debris shall be removed from the floating debris trap on a monthly
basis. Within 30 days of each debris removal event, the Department
shall be notified in writing of the volume of debris removed that
month.
10. Within thirty days of permit issuance and prior to initiation of constructio.~
of the sediment trap, the permittee shall submit a draft long-term
agreement to the Bureau of Wetland Resource Management which ensures
that maintenance dredging of, and debris removal from, the sediment trap
shall be conducted in perpetuity. The permittee shall not initiate
construction of other stages of the project until receiving written approval
of the long-term agreement from the Department
After receiving Departmental approval of the draft long-term agreement,
the permittee sba11 have the agreement recorded in the official records of
PineUas County and submit proof of recording to the Department.
Subsequent stages of construction shall not proceed unbl proof of
recording has been submitted.
E. Department personnel WIll be permitted to conduct an on-site inspection of the
sediment trap in a reasonable manner and at reasonable times.
F. If the Oty of Oearwater fails to perform the required maintenance in accordance
with the specified conditions of the permit within the time periods set fourth in the permit,
the Departmcnt (1) may inquire as to the status of the maintenance and require the City
of Oearwater to take remedial action, (2) may commence an enforcement action pursuant
to Chapter 403, Florida Statutes, (3) may commence legal proceedings to enforce this
Agreement, or (4) may extend the time allowed for the required maintenance in
acCordance with the specific conditions of the permit.
G. Notwithstanding any of the above, the maintenance requirements of the permit
may be modified by the Department if it determines that the City of Oearwater bas been
unable to perform successfully the required maintenance beyond the Oty of Oearwater's
control. Such causes might include, but are not limited to, un\ll;ua! climatological and
meteorological conditions. ctI'I!O
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H. Thc Oty of Oearwatcr may request this Agreement be modified for good
cause. Good cause may include. but is not limited to, changes in dredging. filling or
maintenance pJana necessitated by or resulting from actions of federal. state or local
gcmmmentaJ agencies. Rcqucats for modification of this Agreement ahaJJ be in writing and
shaD be directed to aucr. Bureau of Wctland Resource Management, and to the Office of
General Council. both at the Department ofEnviromnentaJ Regulation, Twin Towers Office
BuDding. 2600 Blair Stone Road, Tallahassee, F10rida 32399-2400, and ahaJJ be by certified
maD. The Department shall have sole discretion to grant or deny such requests for
modification.
I. The Department may require the Oty of Oearwater to publish in a newspaper
of gencral circulation In PincUas County, Florida, notice of any proposed modification of the
maintenance rcqWrcmcnts set fourth in the permit or this Agreement The ten of such
notice sbaJl be supplied by the Department and shall be consistent with the provisions of
Rule 17-103.so, Florida Administrative Code.
III. REQUIRED AGREEMENT
A This Agreement constitutes the agreement required by Specific Condition No. 10
of the permit
IV. RECORDATION
A Within thirty (30) days from the date of execution of this agreement, the Oty of
Oearwater shall cause this Agreement to be recorded in the public records of Pinellas
County wherein the affected lands are situated, and shall provide the Department with a
copy of the recorded agreement certified by the aerk of the Court.
B. This agreement runs with the land and i.> binding upon the Oty of Oearwater,
its successors and assigns.
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PINELLAS COUN "
OFF. REC . ilK 7845t.f!1~ '
, IN WITNESS WHEREOF, the Department and the Oty of OearWater set their hand:::~;;f~,
and seal as follows: ,"";c(
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SIGNA11JRES "":,'!,~
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DEPARTMENT OF ENVIRONMENTAL
REGULATION
f1.J'J7~~~
Carol M. Browner
Secretary
Dated ~ ~ 1992
CITY SIGNATURES
Countersigned:
&7:::0
CITY OF a.EARWA1'ER
~~~
Oty Manager
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Dated
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. 1992
Dated
;:;1./,"2.-
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.1992
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Approved as to form and correctness:
~~',
MA Galbrai Jr. I
Oty Attorney
Dated~ J 2-- . 1992
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FEB 2 4 1991
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ACKNOWLEDGEMENTS
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STATE OF FLORIDA
COUNTY OF LEON
The foregoing instrument was acknowledged before me this .QM. day of ~
199 2, by CarOl M. Browner, Secretary of the State, Department of Environmental
Regulation, on behalf of the DelJ8!1MenL
, ~ .~~~.
._~i: ~: 0 trhm2:!~ Exp' MoWf PuYic. ShIM of F\orilII
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." 't~ ME ~ly appeared Rlla 0....". MIchael J. Wrlgh~ MA O~!h, J,.
an' thla E. Goudeau, to mc well known,and known by me to be the mdMduals
described in and who executed the foregoing instrument as Mayor-Commissioner, City
Manager, Oty Attorney and Oty Oerk, respectively of the above-named city and that the
seal affixed to the foregoing instrument is the city seal of the said city and the said
instrument is the free act and deed of said city.
WITNESS my hand and official seal this I:J 'II. day of ~ 1992.
".
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My ~~~~Ires:
.fl.' ttj{1'.. r' ~.. . Sta.te tI ikr;ta
/. f.... _'~ E~,ApliI 20. 1993
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