KENNETH E AND NANCY GILMORE
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=', This W~rranty Deed
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INST # 94-207363
JLY 20, 1994 4:28PM
'-
Made this
by
KENNETH
wife
20thdayof
Julv
A.D. 1994
E. GILMORE and NAN6Y GILMORE. his
~~
~~.
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hereinafter called the grantor, to
CI'rY OF' CLEARWA'j'ER. P'LOR.IDA. a F.'lorida
MunicIPal Corporation
PINELLAS COUNTY FLA.
_()~F.REC.BK 8731 PG 883
whose post office address is: Post Office Box 4748
Clearwater, FL 34618-4748
hereinafter. called the grantee:
(Whenever used herein the tenn "grantor" and "grantee" include all the parties to this instrument and the
heirs, legal representatives and assigns of individuals, and the successors and assigns of corporations)
Witnesseth, that the grantor, for and in consideration of the sum of $ 10 . 00
and other valuable considerations, receipt whereof is hereby acknowledged, hereby grants, bargains, sells, aliens, remises,
releases, conveys and confirms unto the grantee, all that certain land situate in
PINELLAS County, Florida, viz:
LO'l' :3. PARKWOOD F'lF"l'H ADDI'l'ION. ACCORDING '1'0 'PHE MAP OR PLAT
THEREOF AS RECORDED IN PLAT BOOK 64. PAGE 81. OF THE PUBLIC
RECORDS OF PINELLAS COUNTY. FLORIDA.
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9Clb6154 RLS 07-20-1994 16:12:06
01 DEO-GILMORE, KENNETH E .
RECORDING 1 $10.50
DOC STAMP - DR219 3 $630.00
TOTAL:
CHECK A~T. TENDERED:
. CHANGE:
$640.50
$640. 50
$.00
- -. (;'TL
$-
,.jO Parcel Identification Number: 15/29/15/66855/000/0030
Together ,with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining.
To Have and to Hold, the same in fee simple forever.
And the grantor hereby covenants with said grantee that the grantor is lawfully seized of said land in fee simple;
that the grantor has good right and lawful authority to sell and convey said land; that the grantor hereby fully warrants
the title to said land and will defend the same against the lawful claims of all persons whomsoever; and that said land is
free of all encumbrances except taxes accruing subsequent to December 31, 19 93
In Witness Whereof, the said grantor has signed and sealed these presents the day and year first above
written.
Signed, sealed and delivered in our presence:
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Na e ' ress KENNE'I'H E. GILMORE
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'>.Jr'EARL BARRETT
, )71A'1 &-~
Cm. ) ~FIs!:m"t7
State of B'LOR I DA
County of PINe:r.L.AS
The foregoing instrument was acknowledged before me this LOt h day of
by
KENNETH E. GILMORE and NANCY GILMORE. his wife
LS
C,
As to Both Grantors:
815 3rd Avenue S.W., Unit 8
LS
Name & Address: Largo, FL 34640
rm
.Ju1 v
, 19
94
who is personally known to me or who has produced Florida Drivers License and *
* Florida Identification Card
as identification.
PREPARED BY: LYNN HOFFS'fE'fTER ~J ~ '
RECORD & RETURN TO: , . i:::J6rA,)
CO. AS'I'AL BONDE:D 'l'l'.l'LE CO. OF' CLEARW.., I '" ~~
501 S. FT. HARRISON SUITE 203 taryPu lic ,A
CLEARWATER. F'L ::S 4 61 6 My Commission Expires:
-File No:94-11033
WD-l
5/93
l YNN HOFFSlETTER
Notary Public. State of Florida
M, Comm. Exp, Dee. 17. 1994 - No, CC06:W;:8
Bonded Ihru Notary Public Underw!!urs
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Coastal Bonded Title Co.
of Clearwater
August 16, 1994
CITY OF CLEARWATER
P.O. BOX 4748
CLEARWATER, FL 34618
Re: CBTC File No 94-17033
Dear SIRS:
In connection with the above referenced transaction, we enclose the
following:
Original Recorded Deed ~ P h2
Owners Policy No.SDC 209075 ~~ /(?(
in the amount of $90,000.00
In the event of Resale or Refinance of this property, please contact
COASTAL BONDED TITLE CO. OF CLEARWATER for the issuance of the necessary
policy.
It has been our pleasure to be of serVlce to you.
Please do not hesitate to contact our office should you require further
information.
Cordially,
ED TITLE CO. OF CLEARWATER
E
iedmann
TITLE INSURANCE - REAL ESTA TE CLOSINGS /2'0 / f--j {}
501 S. FT. HARRISON, "203ICLEARWATER. FLORIDA 34616/TEL: (813) 442-9671
Policy Number SOC 209 075
....**
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*
* ... *
SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED
IN SCHEDULE B AND THE CONDITIONS AND STIPULATIONS,
OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY, a Minnesota corporation, herein called the
Company, insures, as of Date of Policy shown in Schedule A against loss or damage, not exceeding the Amount of Insurance stated in Schedule A
sustained or incurred by the insured by reason of:
1. Title to the estate or interest described in Schedule A being vested other than as stated therein;
2. Any defect in or lien or encumbrance on the title;
3. Unmarketability of the title;
4. Lack of a right of access to and from the land.
The Company will also pay the costs, attorneys' fees and expenses incurred in defense of the title,
as insured, but only to the extent provided in the Conditions and Stipulations.
IN WITNESS WHEREOF, the said Old Republic National Title Insurance Company has caused its
corporate name and seal to be hereunder affixed by its duly authorized officers as of the date shown in Schedule A the policy to be valid when
countersigned by an authorized officer or agent of the Company,
Issued through the Office of:
OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY
A Stock Company
400 Second Avenue South, Minneapolis, Minnesota 55401
(612)371-1111
President
.e::daO(j>~
By
ORTFonn331 ALTA Owner's Policy 10,17,93
with Florida modifications
Attest
',"\i','j;,',-';-'
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage
of this policy and the Company will not pay loss or damage, costs,
attorneys' fees or expenses which may arise by reason of:
1. (a) Any law, ordinance or governmental regulation (including but
not limited to building and zoning laws, ordinances, or regulations)
restricting, regulating, prohibiting or relating to (i) the occupancy, use,
or enjoyment of the land; (ii) the character, dimensions or location of
any improvement now or hereafter erected on the land; (iii) a
separation in ownership or a change in the dimensions or area of the
land or any parcel of which the land is or was a part; or (iv)
environmental protection, or the effect of any violation of these laws,
ordinances or governmental regulations, exceptto the extent that a
notice of the enforcement thereof or a notice of a defect. lien or
encumbrance resulting from a violation or alleged violation affecting
the land has been recorded in the public records at Date of Policy.
(b) Any governmental police power not excluded by (a) above,
except to the extent that a notice of the exercise thereof or a notice
of a defect, lien or encumbrance resulting from a violation or alleged
violation affecting the land has been recorded in the public records at
Date of Policy.
2. Rights of eminent domain unless notice of the exercise thereof
has been recorded in the public records at Date of Policy, but not
excluding from coverage any taking which has occurred prior to Date
of Policy which would be binding on the rights of a purchaser for
value without knowledge,
3. Defects, liens, encumbrances, adverse claims or other matters:
(a) created, suffered, assumed or agreed to by the insured
claimant;
(b) not known to the Company, not recorded in the public
records at Date of Policy, but known to the insured claimant and not
disclosed in writing to the Company by the insured claimant prior to
the date the insured claimant became an insured under this policy;
(c) resulting in no loss or damage to the insured claimant;
(d) attaching or creating subsequent to Date of Policy; or
(e) resulting in loss or damage which would not have been
sustained if the insured claimant had paid value for the estate or
interest insured by this policy.
4. Any claim, which arises out of the transaction vesting in the
insured the estate or interest insured by this policy, by reason of the
operation of federal bankruptcy, state insolvency, or similar creditors'
rights laws, that is based on:
(a) the transaction creating the estate or interest insured by this
policy being deemed a fraudulent conveyance or fraudulent transfer, or
(b) the transaction creating the estate or interest insured by this
policy being deemed a preferential transfer except where the
preferential transfer results from the failure:
(i) to timely record the instrument of transfer; or
(ii) of such recordation to impart notice to a purchaser for
value or a judgment of lien creditor.
CONDITIONS AND STIPULATIONS
,. Definition of Terms.
The following terms when used in this policy mean:
(a) "insured": the insured named in Schedule A, and, subject to
any rights or defenses the Company would have had against the
named insured, those who succeed to the interest of the named
insured by operation of law as distinguished from purchase including,
but not limited to, heirs, distributees, devisees, survivors, personal
representatives, next of kin, or corporate or fiduciary successors.
(b) "insure. d c.l.aimant": an insured claimin~loss or damage.
I (c): "knowledge" or "known": actual knowldge, not
constructiv~ kndWle&.:le or notice whic.h may be imputed to an insllred
.c::;~
by reason of the public records as defined in this policy or any other
records which impart constructive notice of matters affecting the land.
(d) "land": the land described or referred to in Schedule A, and
improvements affixed thereto which by law constitute real property.
The term "land" does not include any property beyond the lines of
the area described or referred to in Schedule A, nor any
right, title, interest. estate or easement in abutting streets, roads,
avenues, alleys, lanes, ways or waterways, but nothing herein shall
modify or limit the extent to which a right of access to and from the
land is insured by this policy.
(e) "mortgage": mortgage, deed of trust. trust deed, or other
security instrument.
(f) "public records": records established under state statutes at
Date of Policy for the purpose of imparting constructive notice of
matters relating to real property to purchasers for value and without
knowledge. With respect to Section 1(a)(iv) of the Exclusions from
Coverage, "public records" shall also include environmental protection
liens filed in the records of the clerk of the United States District
Court for the district in which the land is located.
(g) "unmarketability of the title": an alleged or apparent matter
affecting the title to the land, not excluded or excepted from
coverage, which would entitle a purchaser of the estate or interest
described in Schedule A to be released from the obligation to
purchase by virtue of a contractual condition requiring the delivery of
marketable title.
2. Continuation of Insurance After Conveyance of Title.
The coverage of this policy shall continue in force as of Date of
Policy in favor of an insured only so long as the insured retains an
estate or interest in the land, or holds an indebtedness secured by a
purchase money mortgage given by a purchaser from the insured, or
only so long as the insured shall have liability by reason of covenants
of warranty made by the insured in any transfer or conveyance of the
estate or interest. This policy shall not continue in force in favor of
any purchaser from the insured of either (i) an estate or interest in
the land, or (ii) an indebtedness secured by a purchase money
mortgage given to the insured.
3. Notice of Claim to be Given by Insured Claimant.
The insured shall notify the Company promptly in writing (i) in
case of any litigation as set forth in Section 4(a) below, (ii) in case
knowledge shall come to an insured hereunder of any claim of title or
interest which is adverse to the title to the estate or interest. as
insured, and which might cause loss or damage for which the
Company may be liable by virtue of this policy, or (iii) if title to the
estate or interest, as insured, is rejected as unmarketable, If prompt
notice shall not be given to the Company, then as to the insured all
liability of the Company shall terminate with regard to the matter or
matters for which prompt notice is required; provided, however, that
failure to notify the Company shall in no case prejudice the rights of
any insured under this policy unless the Company shall be prejudiced
by the failure and then only to the extent of the prejudice.
4. Defense and Prosecution of Actions; Duty of Insured Claimant to
Cooperate.
(a) Upon written request by the insured and subject to the
options contained in Section 6 of these Conditions and Stipulations,
the Company, at its own cost and without unreasonable delay, shall
provide for the defense of an insured in litigation in which any third
party asserts a claim adverse to the title or interest as insured, but
only as to those stated causes of action alleging a defect. lien or
encumbrance or other matter insured against by this policy. The
Company shall have the righito select counsel of its choice (subject
to the right of the insured ttobject for reasonable cause) to
F8p~esent the insured as to tnose stated.causes~f action and shall
.J
......~_._L_
File Number
94-17033
Policy Number
SDC 209075
Amount $
90,000.00
1. Policy Date Jul y 20, 1994
at 0 4 : 2 8 PM
. * *
* %i'
.. *
* .
*...*.
2. The Insured hereunder, in whom title to the fee simple estate is vested at the date hereof, is:
CITY OF CLEARWATER, FLORIDA, a Florida
Municipal Corporation
PINELLAS
3. The land referred to in this policy is situated in the County of
State of Florida, and is described as follows:
LOT 3, PARKWOOD FIFTH ADDITION, ACCORDING TO THE MAP OR PLAT
THEREOF AS RECORDED IN PLAT BOOK 64, PAGE 87, OF THE PUBLIC
RECORDS OF PINELLAS COUNTY, FLORIDA.
ORT OWNERS FORM 3504
This policy valid only if Schedule B is attached.
F.I N b 94-17033
I e urn er
PolicyNumberSDC 209075
ITEMS 1 through 4 ARE HEREBY DElEIED
This policy does not insure against loss or damage by reason of the following:
1. Facts which would be disclosed by an accurate and comprehensive survey of the premises herein described.
2. Mechanic's, Contractors' or Materialmen's liens and lien claims, if any, where no notice thereof appears of record.
3. Rights and claims of parties in possession.
4. Easements or claims of easements not shown by the public records.
5. General or special taxes and/or assessments required to be paid in the year 1994
and subsequent years.
6. AGREEMENT TO THE CITY OF CLEARWATER AS FILED IN OR BOOK 4321,
PAGE 1897, PINELLAS COUNTY RECORDS.
7. RESERVATION OF EASEMENT TO FLORIDA POWER CORPORATION AS FILED
IN OR BOOK 3258, PAGE 290, PINELLAS COUNTY RECORDS.
8. RESERVATION FOR DRAINAGE PURPOSES AS FILED IN OR BOOK 3110,
PAGE 464 AND PAGE 467, PINELLAS COUNTY RECORDS.
9. 25 FT. DRAINAGE/UTILITY Easement over the REAR lot line as filed in
Plat Book 64, Page 87, Public Records of PINELLAS County, Florida.
10. SURVEY PREPARED BY AlLIED SURVEYING, dated 7/1/94 reveals a 4 ft. chain
link fence encroaching over easement on the North of caption.
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'_ not be'~ia~le ;~r a~d will not pay the fees of al other counsel, ;he
Company will not pay any fees, costs or expenses incurred by the
insured in the defense of those causes of action which allege matters
not insured against by this policy.
(b) The Company shall have the right, at its own cost, to
institute and prosecute any action or proceeding or to do any other
act which in its opinion may be necessary or desirable to establish
the title to the estate or interest, as insured, or to prevent or reduce
loss or damage to the insured. The Company may take any
appropriate action under the terms of this policy, whether or not it
shall be liable hereunder, and shall not thereby concede liability or
waive any provision of this policy. If the Company shall exercise its
rights under this paragraph, it shall do so diligently,
(c) Whenever the Company shall have brought an action or
interposed a defense as required or permitted by the provisions of
this policy, the Company may pursue any litigation to final
determination by a court of competent jurisdiction and expressly
reserves the right, in its sole discretion, to appeal from any adverse
judgment or order.
(d) In all cases where this policy permits or requires the
Company to prosecute or provide for the defense of any action or
proceeding, the insured shall secure to the Company the right to so
prosecute or provide defense in the action or proceeding, and all
appeals therein, and permit the Company to use, at its option, the
name of the insured for this purpose. Whenever requested by the
Company, the insured, at the Company's expense, shall give the
Company all reasonable aid (i) in any action or proceeding, securing
evidence, obtaining witnesses, prosecuting or defending the action or
proceeding, or effecting settlement, and (ii) in any other lawful act
which in the opinion of the Company may be necessary or desirable
to establish the title to the estate or interest as insured. If the
Company is prejudiced by the failure of the insured to furnish the
required cooperation, the Company's obligations to the insured under
the policy shall terminate, including any liability or obligation to
defend, prosecute, or continue any litigation, with regard to the
matter or matters requiring such cooperation.
5. Proof of Loss or Damage.
In addition to and after the notices required under Section 3 of
these Conditions and Stipulations have been provided the Company. a
proof of loss or damage signed and sworn to by the insured claimant
shall be furnished to the Company within 90 days after the insured
claimant shall ascertain the facts giving rise to the loss or damage.
The proof of loss or damage shall describe the defect in, or lien or
encumbrance on the title, or other matter insured against by this
policy which constitutes the basis of loss or damage and shall state,
to the extent possible, the basis of calculating the amount of the loss
or damage. If the Company is prejudiced by the failure of the insured
claimant to provide the required proof of loss or damage, the
Company's obligations to the insured under the policy shall terminate,
including any liability or obligation to defend, prosecute, or continue
any litigation, with regard to the matter or matters requiring such
proof of loss or damage.
In addition, the insured claimant may reasonably be required to
submit to exal'1lination under oath by any authorized representative of
the Company and shall produce for examination, inspection and
copying, at such reasonable times and places as may be designated
by any authorized representative of the Company, all records, books,
ledgers, checks, correspondence and memoranda, whether bearing a
date before or after Date of Policy, which reasonably pertain to the
loss or damage. Further, if requested by any authorized representative
of the Company, the insured claimant shall grant its permission, in
writing, for any authorized representative of the Company to examine,
inspect and copy all records, books, ledgers, checks, correspondence
~~~
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,
and memoranda in the custty 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 Company
pursuant to this Section shall not be disclosed to others unless, in
the reasonable judgment of the Company, it is necessary in the
administration of the claim. Failure of the insured claimant to submit
for examination under oath, produce other reasonably requested
information or grant permission to secure reasonably necessary
information from third parties as required in this paragraph shall
terminate any liability of the Company under this policy as to that
claim.
6. Options to Payor Otherwise Settle Claims; Termination of
Liability
In case of a claim under this policy, the Company shall have the
following additional options:
(a) To Payor Tender Payment of the Amount of Insurance
To payor tender payment of the amount of insurance under this
policy together with any costs, attorneys' fees and expenses incurred
by the insured claimant, which were authorized by the Company, up to
the time of payment or tender of payment and which the Company is
obi igated to pay,
Upon the exercise by the Company of this option, all liability and
obligations to the insured under this policy, other than to make the
payment required, shall terminate, including any liability or obligation
to defend, prosecute, or continue any litigation, and the policy shall
be surrendered to the Company for cancellation.
(b) To Payor Otherwise Settle With Parties Other than the
Insured or With the Insured Claimant.
(i) to payor otherwise settle with other parties for or in
the name of an insured claimant any claim insured against under this
policy, together with any costs, attorneys' fees and expenses incurred
by the insured claimant which were authorized by the Company up to
the time of payment and which the Company is obligated to pay; or
(ii) to payor otherwise settle with the insured claimant
the loss or damage provided for under this policy, together with any
costs, attorneys' fees and expenses incurred by the insured claimant
which were authorized by the Company up to the time of payment
and which the Company is obligated to pay.
Upon the exercise by the Company of either of the options
provided for in paragraphs (b)(i) or (ii), the Company's obligations to
the insured under this policy for the claimed loss or damage, other
than the payments required to be made, shall terminate, including any
liability or obligation to defend, prosecute or continue any litigation.
7. Determination, Extent of Liability
This policy is a contract of indemnity against actual monetary
loss or damage sustained or incurred by the insured claimant who
has suffered loss or damage by reason of matters insured against by
this policy and only to the extent herein described.
(a) The liability of the Company under this policy shall not
exceed the least of:
(i) the Amount of Insurance stated in Schedule A, or,
(ii) the difference between the value of the insured estate
or interest as insured and the value of the insured Eistate or interest
subject to the defect, lien or encumbrance insured against by this
policy.
(b) The company will pay only those costs, attorneys' fees and
expenses incurred in accordance with Section 4 of the Conditions and
Stipulations.
8. Apportionment.
If the land described in Schedule A consists of two or more
parcels which are not used as a single site, and a loss is established
affecting one or more of the parcels but not all, the loss shall be
computed and settled on a pro rata basi~las if the amount of
insurance under this policy was divided ~o rata as to the value on
Date of Policy of each separate parcel to the whole, exclusive of any
improvements made subsequent to Date of Policy, unless a liability or
value has otherwise been agreed upon as to each parcel by the
Company'and the insured at the time of the issuance of this policy
and shown by an express statement or by an endorsement attached
to this policy.
9. Limitation of Liability.
(a) If the Company establishes the title, or removes the alleged
defect, lien or encumbrance, or cures the lack of a right of access to
or from the land, or cures the claim of unmarketability of title, all as
insured, in a reasonably diligent manner by any method, including
litigation and the completion of any appeals therefrom, it shall have
fully performed its obligations with respect to that matter and shall
not be liable for any loss or damage caused thereby.
(b) In the event of any litigation, including litigation by the
Company or with the Company's consent, the Company shall have no
liability for loss or damage until there has been a final determination
by a court of competent jurisdiction, and disposition of all appeals
therefrom, adverse to the title as insured.
(c) The Company shall not be liable for loss or damage to any
insured for liability voluntarily assumed by the insured in settling any
claim or suit without the prior written consent of the Company.
10. Reduction of Insurance; Reduction or Termination of Liability.
All payments under this policy, except payments made for costs,
attorneys' fees and expenses, shall reduce the amount of the
insurance pro tanto.
11. Liability Non-cumulative.
It is expressly understood that the amount of insurance under
this policy shall be reduced by any amount the Company may pay
under any policy insuring a mortgage to which exception is taken in
Schedule B or to which the insured has agreed, assumed, or taken
subject. or which is hereafter executed by an insured and which is a
charge or lien on the estate or interest described or referred to in
Schedule A, and the amount so paid shall be deemed a payment
under this policy to the insured owner.
12. Payment of Loss.
(a) No payment shall be made without producing this policy
for endorsement of the payment unless the policy has been lost or
destroyed, in which case proof of loss or destruction shall be
furnished to the satisfaction of the Company.
(b) When liability and the extent of loss or damage has been
definitely fixed in accordance with these Conditions and Stipulations,
the loss or damage shall be payable within 30 days thereafter.
13. Subrogation. Upon Payment or Settlement.
(a) The Company's Right of Subrogation,
Whenever the Company shall have settled and paid a claim
under this policy, all right of subrogation shall vest in the Company
unaffected by any act of the insured claimant
The Company shall be subrogated to and be entitled to all
rights and remedies which the insured claimant would have had
against any person or property in respect to the claim had this policy
not been issued, If requested by the Company, the insured claimant
shall transfer to the Company all rights and remedies against any
person or property necessary in order to perfect this right of
subrogation. The insured claimant shall permit the Company to sue,
compromise or settle in the name of the insured claimant and to use
the name of the insured claimant in any transaction or litigation
involving these rights or remedies.
>- -~
" If a payment onlccount of a claim does not fully cover the loss
of the insured claimant, the Company shall be subrogated to these
rights and remedies in the proportion which the Company's payment
bears to the whole amount of the loss.
If loss should result from any act of the insured claimant, as
stated above, that act shall not void this policy, but the Company, in
that event, shall be required to pay only that part of any losses
insured against by the policy which shall exceed the amount, if any,
lost to the Company by reason of the impairment by the insured
claimant of the Company's right of subrogation.
(b) The Company's Riqhts Aqainst Non-Insured Obliqors.
The Company's right of subrogation against non-insured obligors
shall exist and shall include, without limitation, the rights of the insured
to indemnities, guaranties, other policies of insurance or bonds,
notwithstanding any terms or conditions contained in those instruments
which provide for subrogation rights by reason of this policy.
14. Arbitration.
Unless prohibited by applicable law, arbitration pursuant to
the Title Insurance Arbitration Rules of the American Arbitration
Association may be demanded if agreed to by both the Company
and the insured. Arbitrable matters may include, but are not
limited to, any controversy or claim between the Company and
the insured arising out of or relating to this policy, any service of
the Company in connection with its issuance or the breach of a
policy provision or other obligation. Arbitration pursuant to this
policy and under the Rules in effect on the date the demand for
arbitration is made or, at the option of the insured, the Rules in
effect at Date of Policy shall be binding upon the parties. The
award may include attorneys' fees only if the laws of the state in
which the land is located permit a court to award attorneys' tees
to a prevailing party. Judgment upon the award rendered by the
Arbitrator(s) may be entered in any court having jurisdiction
thereof.
The law of the situs of the land shall apply to an
arbitration under the Title Insurance Arbitration Rules.
A copy of the Rules may be obtained from the Company
upon request.
15. Liabililty Limited to this Policy; Policy Entire Contract.
(a) This policy together with all endorsements, if any, attached
hereto by the Company is the entire policy and contract between the
insured and the Company. In interpreting any provision of this policy,
this policy shall be construed as a whole.
(b) Any claim of loss or damage, whether or not based on
negligence, and which arises out of the status of the title to the
estate or interest covered hereby or by any action asserting such
claim, shall be restricted to this policy.
(c) No amendment of or endorsement to this policy can be made
except by a writing endorsed hereon or attached hereto signed by either
the President, a Vice President, the Secretary, an Assistant Secretary, or
validating officer or authorized signatory of the Company.
16. Severability.
In the event any provision of the policy is held invalid or
unenforceable under applicable law, the policy shall be deemed not to
include that provision and all other provisions shall remain in full
force and effect
17. Notices, Where Sent.
All notices required to be given the Company and .any statement in
writing required to be furnished the Company shall include the number of
this policy and shall be addressed to the Company at its home office,
400 Second Avenue South, Minneapolis, Minnesota 55401, (612) 371-1111.
" , -.J..
"
I
I
CITY OF CLEARWATER
Interdepartmental Correspondence Sheet
TO:
FROM:
Cynthia E. Goudeau, City Clerk
Miles A. Lance, Assistant City Attorney
~.
RE:
DATE :
City.s Purchase of 1366 Jeffords (Gilmore)
Ju ly 26, 1994
Th i s property purchase was comp 1 eted on Ju 1 y 20, 1994, and enc losed are the
following documents:
Contract for Purchase and Sale
Closing Statement
Title Commitment # CA 161381 issued by
Old Republic National Title Insurance Company
Copy of the Statutory Warranty Deed
Copy of Survey
Copy of Bingham1s Termite & Pest Control, Inc. Inspection
Management Asreement
I will forward the original warranty deed and title policy when I receive them.
MAL: 1 n
Enclosures
Copy to:
Margie Simmons, Acting Finance Director w/copy of settlement statement
k_f ". , CO!l1flA\~i I",. ;;;,1.1': ^"U l'l~!~<0Sr.:
PAR'T11!5~KEhI\~th E., Gilmore and Nancy (tlmore, his wife. I r~..ell~('\
01 1366-B Jeffords Street, Clearw;eter .FI. 34616-4279 . (Phone 586-0532
ond City of Clearwater ,Florida , a Florida Municipal Corporl3,tionl! ("Buyer"l
01 .P. O. Box 4748, Clearwater, Fl. 34618":'4748 (Phone 462-6042 I
hereby agreo Ih~~ Iho Seller shall sell ond Bl/)'er shall buy tho lollowing renl properly ("nenl f''9.em{') and perr-onol proporly (..persdflOIIJ") (coll~cllvoly 1rOperIY") upon the followlrv,
terl7lS and condllrons. which INCLUDE tho Standards for nllol Eslnhl Transacllons ("Slnndnld(sj") printed on Iho roversa or olloche on any Riders on Addenda 10 Ihls Inslrumen:
I. DESCnJPTION: ' . ,
(a) Legal description of Real Properly locoled In Pinellas Counly, Florida: Lot 3, P ARKWOOD STlRDTVTS TON
5th. ADDITION, aceording to the map or plat thereof as recorded in PI~t Book 64, p~~p R7,
Public Records of pinellas County. Florida, together with R11 imprnvpmpnt~ rnprpnn ~ rnprp;n
(bl' Streeladdress,city,zlp.oilheProperlyls: 1:366 Jeffords Street, CleArwAter, 1"1 1461fi-4?7q
(c) Personalty:AII ap?liances. draperies,. carpetine wi ndnw trp~tmpnt~, 1 .<mc1~r::lr; ng . 11.ti' i ty nlli] dings
all attachments, fixtures and furnishings OTHER THAN TENANT OWNED. All appl{ances. heating and'
cooling systems, plumbing & electrical s stems doors windows & their res ~ctive hardware to
II. crRMsgpRiI2:~ 7..,.:-:~~...:.~?i..~~...~.7.....Y.... ..':1X~~.. ~?-.~P.7:~ ~ ~~?-...I?7. ~~~...~.<;>... ~..?~ ~::.~. :... ............ ...:........ $ 90 ,000 00
PAYMENT:
(a), Deposil(s) 10 be held In escrow by . N / A ' in the mriounl 01 .. $
(b) Addillonal escrow deposit wllhln N/ A . days aller Eflecllve Dale fnlhe amounl 01...........................................:........ $
(c) Subject 10 AND ossumpllon of mortgag!! In good slanding In lavor ?f ' N / A
having an opproxlmate presenl principal balance 01 .. $ N / A
(d) Purchase money morlgage and note bearing annual inleresl at N / A .10 (sea Mdeoo.um) In amounl of ............,..................... $ N/ A
(e) Other: N / A $ N / A
'(I) Balonce 10 close (U.S. cash. LOCALLY DRAWN carlilied or cashier'scheck). subJecl 10 adiuslmenls and prorallons ......,.. ........ ...; ....., $ q 0 , 000 00
III. TIME FOR ACCEPTANCE: EFFECTIVE DATE: FACSIMILE: 1/ Ihis offer Is nol. executed by and delivered 10 all par lies OR FACT OF EXECUTION communicaled In writing
be.lween Ihe porties on or be/ore . PER ADDENDUM , . Iho deposit(s) will, al Buyer's option; bo relurned 10 Buyer arid Ihls oller wilhdrawn. A lac simile copy 0/ Ihis
C;onl,racl lor Sale ond Pun:hase ("Conlracl") and any sIgnatures hereon sholl bo considered lor all purposes as originals. The date 01 Conlroct ("ElIecllvc Dale") will bo Iho dale when
Ihe lasl one of Ihe Buyer and Seller has sIgned Ihls oller.
. lANCING: THIS PARAGRAPH NULL & VOID AND OF NO EFFECT.
(a) II Ihe pl rlee or any..e.art 01 Il Is to be IInnnced by a Ihird.party lonn. this Conlract Is conditioned on Ihe Buyer obtaining a wrlllen commltmenl for (CHECK (I)"
or (2) or (3)): (1) a U an od/uslable or (3) 0 allxed or adjuslable rato loan within_ days aller Effective Dalo al an Inlllallnlerosl rale nol 10 exceed_ 'Yo.
lerm 01 years and lor 11 I amounl of S . Buyer will make opplicalion within days aller ElIeclive Dale and use reasonable
diligence 10 oblain Ihe loan commilmenl ond. 10 meel Ihe lerms and conditions of Ihe commitmenl and close Ihe loan. Buyer shall pay all loan expenses. II Buyer
fails 10 oblaln tho commitment or lalls 10 waive Buyer's (I r. lhis subparagraph wilhin Iha limo lor obtaining Iha commilmenl or aller dillgenl allort fails. 10 meel the
lerms and conditions of the commilmenl, Ihen ollher parly Iherealler wrlllen notice 10 the olher may cancel the Conlracl and Buyer shall be relunded the deposil(s),
(b) Tho ~xlsling morlgago described In Paragroph lI(c) above has (CIIECK (I) or (2)): arlable Interesl ralo or (2) 0 a IIxed Inleresl rale of % per annum.
N/A
N / A
.
. AtUmo 01 litle Iransler some lixed Interesl rales ere subject 10 Increase. I/Increased. Ihe rale shall not excee days all!!r
EllecliveDote. lurnlsh slatemenls from all mortgagees staling principal balances: melhod of paymen\, Inleresl rale a orlgages. II Buyer has ogreed 10 essume a
morlgage whIch requires approval of Buyer by lhe mortgagee for assumpllon. Ihen Buyer shall proOlptly oblain all required appllca ill diligently complele and relurn
Ihem 10 Ihe mortgagee. Any morlgagee charge(s) nollo exceed $ sholl be paId by (II nollllled n, 'vlded).1I Buyer Is nol.
accepled by mortgagee or Ihe reQulremenls lor llssumpllon are nol In 'accordance with Iho lmOls or this Contracl or mortgagee makes a charge In excess of amoun\,
Seller or Buyer may rescind Ihis Conlracl by prompl wrlllen notice 10 Ihe olher parly unless eilher elecls 10 poy Ihe Increase In Interest rote or excess morlgogeecha
, '
V. TITLE EVIDENCE: Alleasl 15 clays belore closing d~le. Seller shall. ,al Seller's expense. deliver 10 Buyer or Buyer's attorney. In accordance with SI:1ndnrd A.,
(CHECK (1) or (2)): (1) 0 abslracl of liIle or (2) ij{l tIIle I.nsuronco commitmenl and. aller closing, owner's policy of tillolnsurance. , ,
VI. CLOSING DATE: This Iransacl/on shall be closed and Ihe deed and olher closing papers delivered on PER ADnENDnM . unless extended by olher provisions of Contracl.
VII. RESTRICTIONS; EASEMENTS; LIMITATIONS: Buyer shall lake title subjecllo: loning. restrlclions, prohibttlons and olher requirements Imposed by governmcnlal aulhoJity; reshlclioils
and matters appearing on the plat or otherwise COOlmon to Ihe subdivision; public ulilily easemenls 0/ record (case men Is are 10 be located conllguous 10 Reat Properly lines and
mt more Ihan 10 lee I In wldlh as to Ihe rear or Ironl lines IIOd 7 'I. leel In widlh as 10 Ihe side lines, unloss olherwise stated herein); laxes ror year 01 Closing and subse,~uenl
years; assumed morlgages and pu'rchase money morlgages. il any; olher:
NONE
; provid'ld.
Ihal thera exisls at closing no viola lion of Ihe foregoing ond none 01 Illem,prcvonlsuse 01 neal Properly ror Rp ~ i d pn t i]ll & Pl1 b 1 i r purposelsl.
VIII. OCCUPANCY: Seller warrants Ihal lhere are no parlies In occupancy other Ihan Seller; bu\, II Properly Is Inlended 10 be rented or occupi'3d beyond closing. lhe lacl and lerms
thereol shall be staled herein and the lenanl(s) or occupants disclosed pursuant 10 Slnndnrd F. Seller agreos 10 delivor occupancy 01 Properly al lime 01 closing unless otherwise
slated herein. 1/ occupancy Is 10 bo dolivered belore closing, Buyer nssumes all risk of loss to Properly 'rom dale 01 occupancy. shall be responslbte llnd liable for maintenance Irom
Ihat dale. and shall be deemed to have accepled Properly In lis existing condition as 01 lime 0' la~ing occupancy unless otherwise slaled herein or In a separale wrlling.
IX. TYPEWRITTEN OR HANDWRITTEN PROVISIONS: Typewrillen or handwrllten provisions shall conlrol all prinled provisions or Conlraclln conlllcl with lhem,
X. nJDERS: (CHECK iI any ollhe followIng nlders arc applicable and are aUached 10 Ihis Contract):
(0) 0 COASTAL CONSrnUCTION CONTnOL LINE RIDER Ic) 0 iOriEIGN INVESTMENT IN ilEAL PROPEmy TAX ACT RIDER'
(b) 0 CONDOMINIUM RIDER ldl 0 ItlSULAIION niDEn
(e) 0 FIlA/VA RIDER
(II 0 OTHEn:
XI. ASSIGNABILITY: (CHECK (1) or (2)): Buyer (1) 0 may ossign or (2) Qg may nol assignlhis Conlract.
XII. SPECIAL CLAUSES: [CHECK (I) or (2)): Addendum (1) 121I Is allnchod or (2) 0 Ihela is no Addendum.
XIII. TIME IS OF THE ESSENCE OF nus CONTRACT. BUYER'S IHlTIALS
XIV. DISCLOSURES: Buyer ijl acknowledges or 0 does not acknowledgo re"elpl ollhe~~/rodgi1/compensaUon~:lt~1j{1a~~1'cdisclosures....
- - - - - - - - - - - - -.- -
THIS IS INTENDED TO BE A LEGALLY BINDING CONTRACT.
IF NOT FULLY UNDEI1STOOD, SEEK THE ADVICE OF AN ATTORNEY PRIOR TO SIGNING.
THIS FOnM HAS BEEN APpnOVED BY THE FLORIDA ASSOCIATION OF nEALTORS AND THE FLORIDA BAR.
Approval does not conslilulo sn opinion II.st any 01 Ihe /CflllS and condilions in this Con/roc I should be scceprcd by the par/les In a parl/cular llansacl/orl. Tenlls
and cond/fions should bo negol/aled bllscd I'pon tho respec/lvn inrcrosls, ob/ocllves and bargaining positions 01 0/1 Inleresled persons.
COPYRIGHT t99 I DY THE FLORIDA [jAil ^~ID THE FLORIDA ASSOCIAT N F REALTORS
CITY OF CLEARWATER
y- ~ - e(ef. Dale
$"'/1" / fir Dalo
y Manager. "Gilmore
""(Mf't. ''''" _ f:<t- L N-9".S '1/
s-// {. flY Dall!
r .' . lmore C\
p ..cit.:/'AI-..~orney s-j1r;/fV Date SoclaISer.urllyorTaxl.D.... ~4\~4-~-1.~~
Deposit under Paragraph 11\i;.)!recelved;JF OTHFR TI{i\N-CASH, THEN SUBJECT TO CLEARANCE. 1'-1/ !'.
's FEE: (C~H=2/ NEl COMPLETE THE. ONE_APPLICABLE) By: N / A
o IF A LIS EMENT IZJ::URthtl'rLY IN EFFECT; , .'
I er agrees 10 poy lhe ,-.~, e. '6iif~;;-1ncluding cooperating sub.tlg""ls namod, according 10 Ihe)orms of an existing. separate listing agreemenl: .
on . . . ." .
o IF NO LISTING AGREEMHIT IS' CURRI: . .ECT:
seiler agrees 10 pay Ihe Broker nllmea Gelow. al lime 0 c~. m Iho dlsL'ursemenls of Iha proceeds of Iho sale. compensation In Ihe amount 0/ (COMPLETE ONLY Ot~E)
_ % of gross pun:hase price or $ for Broker's service . in Iho salo by linding Iha Ouyer ready. willing and able to purchase pursuanl 10,Ihe lore going
Con\r;icl. II Buyer foils to perform and deposll(s) Is retolned. SO'Y. Ihereof, bol nol exce"dll1g. ker's too abovo provldod. shall bo paid Oroker as lull consideration lor 13<0ker's
servIces. Including cos!s expendell by Broker. and the bolanco shull bl) palt! to S"lIor. II Iho Iran~acllon ' cl0ge bocauso 01 rorusal or failure 01 Seller 10 perform. Seller shnll
pay the lull lee to 13<01~er on domand, In ony 1I11gallon arising out 01 Iho Contracl concerning Iho Broker's feo. the pr rly shall recover reasonable ollorney's fel)9 nnd Co,~I~.
~Lt."
(Escrow Agenl)
(Iirm nnm'l olli"-li";'J El,,)~.l)r)
(Iirm tl::t'liC 01 rr.:I:''<l [1'o~Nl
fly: ---T----...-------."--,--.---
1:",11""1/'''' .'l)I'I:lIt\''il
By: j;i;ii~1 ~iq";-;ln'Yl
:')-,
A. EVIDENCE OF TITLE: (l)An abslract 01 IlIle prepared or brou\lht currenl by B repulable and eidsllng abslract Iirrn (II nol Bxisting Ihen cerlilled as correcl by on exlsling lir,m)
, purporling 10 be an accurate synopsis of Ihe instrumenls allecting lille \0 Ihe Real Properly recorded In the public reco.rds of Ihe counly wherein Real Property Is localed Ihroligh
Elleclive Date and which shall commence wilh Ihe earliesl public records. or such later dnle as may be cuslomary In Ihe county. Upon Closing of. Ihls Iransactlon, Ihe abslracl shall
become lhe properly' 01 Buyer. subjecl 10 Ihe righl 01 rclenlion Ihereof by lirsl mor1gagee unlil lully paid. (2) A Iille Insuranco commitmenl Issued by a Florida licensed tille insurer
ogreeing 10 issue to Buyer, upon recording 01 Ihe dead to Buyer, an ownor's policy 01 IiIle Insuronce In Ihe amounl of the purchase price Insuring Buyer's tllI,e 10 Ihe Real Properly.
subjecl only 10 liens, encumbrancos, exceplions or Qualilicollons sel lorlh In Ihls Conlracl and 1I1Ose' which shall be discharged by Seller 01 or be~ore closln~. Seller. shall convey
markelable lIt1e subjecl only to liens, encumbrances, exceptions or Qualifications specified In Ihe Contract. Marketable 11110 shall bo delermined according to applicable Tille SI,lIld;\Ids
adopted by aulhorily 01 The Florida Bar and in accordance wllh law. Buyer shall havo 30 days, II abslracl, or 5 days, If lille commilment, Irom dale 01 receiving evidence 01 lille
10 examine II. II \11le Is lound dolecUve, Buyer shall. wilhln 3 days, nolilt Sellm In wriling spr:cilyin<;J delccl(s), If Ihe dcltJcI(S)lcndr.r lilleunmarkelable, Sellllr will havo 120 day~ lrom
receipl 01 nolice wllhin which 10 ramovethe delecl(s), failing which Buyer shall have Ihe option 01 eilhor accepl!ng ,Ihe tille as II lhen is or demanding a . rell!l)(J 01 deposil(s) paid
which shall Immediately be relurned 10 Buyer: Ihereupon, Buyer and Sellar shall release ono anolher 01 alllurlher obhgal1onS under Ihe Conlract. Soller shall, II hlle IS lound unmarkcl"ble,
use diligenl ellorllo correcl delecl(s)In the Ulle wilhln Ihe lime provided therelor.lncludlng lho bringing 01 nocessary suils,
B, PURCHASe MONEY MORTGAGE; SECURITY AGREEMENT TO SELLER: A purchase money morl\lago and morlgage nole to Seller shall provide lor a 30-day grace period In
the evenl 01 delaull if a IIrsl mortgage and a 15-day groce period il a second or lossel mortgage; shull provide lor righl 01 prepaymanl In whole or In part wilhoul ponally; shall
nol permil acceleration or Interasl adjustmenl In event of resale' of Roal Proporly; shall require 1111 prior liens and encumbrances to be kepi In good standing and lor bid modilicalions
of or lulure advances under prior morlgago(s): and Ihe morlgnge. nolo and, securlly agreemenl shall be olharwise In 101m and conlent re(julred by Seller; bul Seller may ollly require
clauses cuslomarlly lound In morlgages, morlgage noles and securily agreemenls generally ulilized by Sbvings and loan Inslilulions or slala or nalional banks located In Ihe counly
whereiO,Real Properly Is localed. All Personally and leases being conveyed or nssigned will, al Seller's option, be subjecl 10 1I1e lien 01 a socurlly agreemenl evidenced by recorded
financing slatements. II e baUoon mOrlgage, Ihe IInal payment will exceed the periodic paymenls Ihereon,
C. SURVEY: Buyer. el Buyer's expense., wilhin limo allowed to denver evidence ollllle and to examine ~ame, may havo Real Prop6rly surveyed and cerlilied by a reglslered Florida
surveyor. II survey shows encroachmenl on Real Proporly or Ihallmprovemenls localed'on fleal Properly encroach on selback linos, eosemenls, lands 01 olhers or violate any restriclions,
Conlracl covenants or applicable governmenlal rogulalloo. Ihe Gnme sholl conslltula a tillo defecl. '
D. .:TERMITES: Buyer, at Buyer's expense, wilhin 11010 allowed 10 delivel evidence '01 iitle and to examlno somo, may hove Real Properly Inspecled by a Florida Cerlilied Pest Conlrol
Operalor 10 dOlermina II there Is any visible actill8 lermlle Intostalion or visible oxisling damage Irom termilo Inleslolion In Ih!! .il)1'pr,?~~me,:!ls:.II .eilher or bolh are .Iound, Buyer will
have 4 days from dale 01 wrillen nollce Ihereof. wilhln which 10 have all damnges, whether visible or nol, Inspecled and osllmaled by II licensed wilder or general conlraclor. Seller
shall pay valid costs 01 Ireatment and repair 01 all damage up 10 2"1. 01 purchase price. Should such cosls exceed Ihat amounl, Buyer shall hava 'tha opllon 01 cancelling Conlracl
within 5 days aller recelpl 01 contraclor's repair esllmale by giving wrillen nollce to Seller or Buyer may elect 10 proceed with the Iransaction, In which evenl Buyer sholl receive
a credit at closlno 01 an amounl eQlJal 10 Ihe lolal 01 Ihe Irealmenl and repair esllmale nol In excess 01 2"1. 01 Ihe purchase prlca. "Termites" shall be deemed \0 Include all wood
deslroying ,organisms required 10 be reporled under Ihe Florida Pest .conlrol Acl.
E, INGRESS AND E<;;RESS: Seller warrants and represents thai Ihere is Ingrass and egress to the RealProperly suflicienllor rhe lnlenl;led use as described In Pmagraph VII heleol,
lille 10 which Is In accordance wilh Slandard A. ,. .
F. LEASES: Seller shall, not less lhan 15 days beiore closing, lurnlsh 10 Buyer copies 01 all wrlllen leas~s and esloppellollers lrom each lenanl specifying the nalore and durallon
01 too letianrs occupancy; 'renlal rales, odvanced rent and securily deposils paid by teMnl. II Seller Is unable 10 oblaln such leller from each tonont, Iho same Inlormalion shall be
'Iurnlshed by Seller to Buyer wilhln thaI lime period In Iha lorm 01 0 Seller's allidavil, :ancl,Buyer may Iherenller conlacl lenanls 10 conlirm such Inlormallon. Seller shall, al closing,
deliver and assign all original leases to Buyer. ' . ..
G. LIENS: Seller shall lurnlsh to Buyer at time 01 closing an allidavlt ollesllng to 1110 obsence, unless "lhorwlse provided lor herein, 01 any I1nonclng slalements, claims 01 lien or
potenlialllenors known to Seller and lurther allesling Ihal Ihere have been no Improvemenls or repairs 10 Ihe Properly lor 90 days Irnmedialllly preceding dale of closing, II Property
has been Improved or repaired wilhln Ihal lime, Seller shall deliver releases or waivers 01 mechanics' liens execuled by all general conlraclors, subcontraclors, suppliers and materialmen
In addilion 10 Seller's lien allldavil selling lorlh the names 01 all such general conlraclors, subconhaclors, suppliers and malerialmen and lurlher allirmlng Ihat all charges lor Improvemenls
or repairs which could serve as a basis lor a mechanlc's lien or a claim lor damages have beon paid or will be paid 01 closing ollhis Conlract.
H. PLACE OF CLOSING: Closing shall be held in Ihe counly wherein the Real Properly Is localed al Ihe office ollhe allorney or olher closing agenl deslgnaled by Seller.
I. TIME: Time periods herein 01 less Ihan 6 days shall,ln' Ihe compulalion exclude SahllrJnys, Sundays and stale or nallona'j legal holidays, and any lima period provided for herein
which shall end on Salurday, Sunday or a legal holiday shall exlend 10 5:00 p,m, of Ihe nexl business day. '
'J. DOCUMENTS FOR CLOSING: Seller shalllurnish Ihe deed, bill of sale, mechanic's lien ollidavll, assignments olloases, lenanl a~d morlgagee esloppetlellers and corrective Instrumenls,
Buyer shalllurnlsh closing slatomen'. mortgage, mortgage nolo, securily IIgreemonlllnd linancing staternenls. .
K. EXPENSES: Documenlary slamps on Ihe dead and recording corredlve Inslruments shnll be paid by Seller. Documenlary stamps, Intangible lax and recording purchase money
morlgage 10 Seller, deed and financing slatemenls shall be paid by Buyer. ..
L PRORATIONS; CREDITS: Taxes, assessmenls, renl, Inlerest. Insurance and olher expenses and revenue 01 Properly shall be proraled ihrollgh day belore closing. Buyer sh~1I have
" Ihe ?ption 01 takl~ over any ex is ling policies 01 insurance, I! assumable. In which evenl premiums shnll be proraled. Cash al closing shall be Increased or decreased as may be
reqUired by prorahons. Proralions will be made Ihrough day pllor 10 occupancy II occupancy occurs belore Closing: Advance renl and security dllposlls will be crediled 10 Buyer and
escrow deposils held by morlgagee w!1I be credited 10 Seller. Taxes shall be proraled based on Ihe .currenl year's lax wllh due allowance made lor maximum allowable discount,
homeslead and olher exemptions, II closIng occurs al a dale when Ihe currenl year's millage is nol li.ed and currenl year's assessmenl Is available, laxes will be proraled ba~ed
upon such assessmenl and the prior year's millage. II currenl year's assesslnenlls nol available, Ihen laxes will be proraled on Ihe prior year's loll. IIlhere are compleled improvemenls
on the Real Property by.January lsl of year 01 closing whIch Improvemenls were nol in ~xislence on January 1st 01 Ihe prior year, lhen taxes shall be proraled based upon the
prior year's millage and al an, equitable assessmenl 10 be agreed upon bel ween lhlJ pal lies, lailing which, request will be made 10 Ihe Counly Properly Appraiser lor an Informal
assessmenl taking Inlo conslderalion available exemplions. Any lax proralion based on an eslimale shall, 01 request 01 ellher Buyer or Seller, be subseQuenlly readjusled upon receipl
, 01 tax bill on cohdilion Ihal a slatemenl to Ihal ellecl is In Ihe closing slalement.
M. SPECIAL ASSESSMENT LIENS: Certified, confirmed and ratified special assessmenl liens as 01 dale or closing (not as of ElIeclive Dale) are 10 be paid by Seller. Pending liens
as 01 dale 01 closing shall be assumed by Buyer. II Ihe Improvemenl has beensubslenlially compleled as 01 ElIeclive Dale, such pending lien shall be considered cerli/ied, conlirmed
I or ralilJed.and Seller shall, al closing, be charged an amounl equal 10 Ihe lasl eslimate' 01 assessmenllor Ihe Improvement by Ihe public body, '
N. INSPECTION, REPAIR AND MAlIlTENANCE: Seller warranls Ihal, as 01 10 days prior 10 closing. Ihe, ceiling, roo' (Including Iha lascla and sollils) and exlerior and Inlerlor v::-!Is,
': seawalls , (or eQuivalenl).anCl dockage do nol have any VtSIBLE EVIDENCE 01 leaks. water damage or slruclural damage and Ihal Ihe sepllc tank, pool, all appliances, mech6ri::al
lIems, heating, cooling, eleclrlcal, plumbing syslems and machinery nre In WOm<ING CONDITION. Buyer may, 01 Buyer'S expense. hava Inspections made 01 Ihose ilems by a lirm
or Individual specializing In home Inspeclions and holding an occupalional license lor such purpose (iI required) or by an approprialely licensed Florida conlraclor. Buyer shall, prior
10 Buyer's occupancy or nol less Ihan 10 days prior 10 closing, whichever occurs Iirsl, report In writing to Seller such Ilems thnt do nol meel Ihe above slandards as to delecls.
,Unless Buyer reporls such delecls wilhln lhat lime, Buyer shall be deenied \0 have wnived Seller's wnrranties es 10 delecls nol reported. If repairs or replacemenls' ara required.,
Seller. shall cause such repairs '0 be made and shall pay up 10 3"10 or Ihe purchnse price for such repairs or'replacemenls as may ba required In order 10 place such i1ems In WORKING
CONDITION. If the cosl lor such repairs or replacement exceeds 3% 01, Ihe purchase price, Buyer or Seller may elecl 10 pay such excess, lailing which either party may cancel
, Ihis Contract. If Seller is unable 10 correcl the delects prior to closing, Ihe cosl Ihereol shall be pnid Inlo escrow al closing. Seller will, upon reasonable nolice, provide ulililies service
and access 10 Ihe Properly for Inspeclions, Including a walk"lhrough prior 10 closing, Between ElIeclive Dale and Ihe dale 01 closing, excepl lor repairs required by Ihls Slandard,
Seller shall maintain Properly, Including, bul nollimited 10, Ihe lawn and sluubbery, in the condilion herein warranled, ordinary wear and lear excepled.
O. RISK OF LOSS: IIlhe Properly Is damaged by liie or olher casually belore closing and cosl 01 rasloralion does nol exceed 3% 01 Ihe assessed valualion 01 Ihe Properly so
damaged. cost or resloration shall be an obligation oflhe Seller and closing shall proceed pursunnl 10 Ihe lerms of Conlracl wllh resloration cosls escrowed al closing, " the cosl
, .' 01 resloration exceeds 3% 01 lhe assessed valualion 01 Ihe improvemenls so damaged, Bl'Yer ,shall have Ihe option 01 ellher laking Properly as Is, logelher with eilher lhe 3~~ or
any Insurance proceeds payable by. vlrlue 01 such loss or damage, or 01 cancelling Ihls CO'llrncl and receiving r&lurn 01 deposllls). .
p, PROCEEDS OF SALEj CLOSING PROCEDURE: The deed shall be recordod upon clearonca 01 funds. II nbslracl, evidence 01 title shall ba conlinued 01 Buyer's expense \0 show
tille In Buyer, withoul any encumbrances or change which would render Seller's IlIle unmarkelnble Irom Ihe dale 01 the lasl evidence. Proceeds or Ihe sale shall be held in escrow
by Seller's atlornoy or by such other mulually occeplable escrow agenl lor a period 01 nol longerlhan 5 days Irom and alter closing dole. II Seller's lIt1e Is rendered umnarkelable.
Ihrough no laull 01 Buyer, Buyer shall, wilhln Ihe 5 -day period, nolify Seller In wrillng of Ihe delect and Seller shall hove 30 days Irom dalo 01 recelpl 01 such nolilication 10 cure
the defect. If Seller lails 10 timely curo Ihe delecl, all deposll(s) and closing lunds shall, upon wrlllen demand by Buyer and wilhin 5 days alter demand, be relurned 10 Buyer and
slmullaneously wllh such repaymenl, Buyer shall relurn Personaliy and vacate Properly and roconvey II 10 Seller by special warranly doed. II Buyer lails 10 make limely demand for
refund. Buyer shall lake tllle lis Is, waiving all righls egalnsl Seller os' 10 any Inlervenlng delccl excepl' as may be available 10 Buyer by vlrluo 01 warranties contained In the deed,
II a porlion 01 the purchase price Is 10 be derived Irom Institullonal Iinanclng or rellnancing, requirements. 01 Ihe lending Inslilution as 10 place, time ol"day and procedures for closing,
and for disbursemenl 01 mortgage proceedS shall control over conlrary provlsiofl1n Ihis Conlracl. Seller shall hava Ihe righl 10 require from Ihe lending Institution a wrltlen commitmenl
Ihat II will nol wilhhold disbursement 01 morlgage proceods as a resull 01 eny lille delecl allribulable 10 Buyer.rnortgagor. The escrow and closing procedure required by this Standard
may be w~ived 1I1i1le agenllnsures adverse mailers pursuant 10 Seclion 627.7041, F,S, (1909), as amended. '
. O. ESCROW: Any escrow agent ("Aqent") receiving 'unds or equlvalenl Is authorized and ngrees by acceptance or lhem to deposll them promptly, hold same In escrow and, subiecl
to clearance, disburse Ihem In accordance wllh terms and condilions 01 Conlract. Failure 01 clearance 01 funds shall no\ excuse Buyer's performance. II In doubt as 10 Agenl"s dulies
or Iiat.ihlies under Ihe provisions 01 Conlracl, Agenl may, at Agenl"s opllon. continue 10 hold, Ihe suhjecl mnller 01 the escrow unlil lha parties mulually agree 10 ils disbursemenl
, or unlil a ludgment of a courl of compelenl Jurisdiction shall determine Ihe rlghls of the pMties or Agenl may deposit same wllh the clerk 01 lhe circuit courl having Jurisdiction
01 Ihe dispule. Upon nofifying all parlies concerned of such llclion, all lIabilily on the pari 01 Agenl shall lully lerminale, excepl 10 Ihe exlent 01 accounllng lor any lIems previously
delivered out 01 escrow. 11 a licensed real eslale broker. Agent will comply wilh provisions 01 Chapler "75, F.S. (t989). as amended, AllY sull belween Bl'Yer and Seller wherein Agenl
is mnde a parly because 01 acting as Agenl hereunder, or in any suil wherein Agenl Inlerpleods Ihe subjecl mailer of Ihe escrow, ,Agenl shall,reccv~r reasonable allorney's lees
and cosls incurred with Ihe lees and cosls 10 be paid Ironl ond out 01 Ihe escrowed lunds or eQuival&1l1 llnd charged and awardad r,s cOlKl,l;osls In favor of Ihe prevailing parly.
Parlies agree lhat Agenl shall not be Iiablo 10 any parly or person lor mlsdelivory IQ Buyer or Seller 01 ilems subjecl 10 Ihis escrqw,. unieSS 1;tlch ml~d'.lli\~ery Is due to willlul breach
of this Contracl or gross negligence 01 Agenl.
R. ATTORNEY'S FEES; COSTS: In any Iiligallon arising oul or Ihis Conlrnc!. Iho prevailing parly in such Iillgation which, lor .U~epurposes o,l,fllls Slandard. shllll-:include Seller, Buyer,
lis ling broker, Buyer's broker 81)(J any subagenls 10 the lisling broker or Buyer's broker, shnll be entilled 10 recover reasonnlJle ollorney"s Ices O1rld"l:osli. .
S. FAILURE OF PEnFORMANCE: If Bl'Yer lnUs 10 perlorm Ihis Contract wilhln Ihe limo spucilied, including pllymenl of ail deposil(sClhG d~pClslI(s) pa:l~ by Quyer and deposil(sl
agreed to be paid, may be relained by or lor Ihe OCCOllnl 01 Seller llS agreed upon li<luirJi,ted dUlI\oges, consideralion lor Ihe :e>ecllUon ,,' Ihls Conll'acl ll!'u in lull selllemenl 01 any
claims; whereupon, Buyer and Seller .shall be relieved 01 all obligallons under Conlracl; or Seller, al Seller's oplion, may proceed In eq~~.,lo enrorce Seller's.<lQllls under \hls Conl~~cl.
II, lor any reason olher than lailure 01 Seller 10 make Seller's tille marl<elable alter diligenl ell"r1, Seller lails. neglccts or relllscs'Jo perlorm lhis. Conlract, n10 ;:!uyer may seek speclltc
performance or elecllo receive Ihe return 01 Buyer's deposit(s) wilhout Ihereby waiving any action lor damages resulling Irom S~lIer~ lJreod'l.
T. CONTRACT NOT RECORDABLE; PERSONS BOUNDi NOTICE: Neilher Ihis Contracl, nor any notice 01 iI, shall be recoided In nny public recoccls., This ';onlracl shall bind and
Inure 10 Ihe benelil c! Ihe parlies and their succossors In Inleresl. Whenover Ihe cOlllexl pennils, singlllar shall Include plural a,ld' ouopender shot: Mlclude all. Notice given by.or
10 the allorney lor any parly shall be os ellective as if given by or 10.'1'01 parly.' . '. '.
U. CONVEYANCE: Sellar sholl convey lilia' \0 Ihe Ro'al Properly lJy slalulory wnrronly, 1"15100's, personnl I'eprosenlollve's or gUII,din,,'sdow. as appropriate 10 Ihe slolus 01 501ler,
subjecl only 10 mailers conlained In Paragraph VII nnd Ihose olherwiso Dcceplnd lJy Duyer. Personally shall, 01 reQuest 01 Buyer, be translerred by on absolute bill of sale wllh warranly
01 tille, sublecl only 10 such mailers as may be otherwise provided ror here.in. ' ,
V. OTHER AGREEMENTS: No prior or presenl agreemenls .ru:lcpresenlalions sholl be billding llpon Buyer or Seller ullless Included In lhls Conlract. roJo modilicalion or chanJe In
Ihis Contracl shall be valid or binding upon Ihe parlies unless In Willing nnd executed by 1110 parly or parlies In.lell<lNllo bo bOund lJy 11, '
W. WARRANTIES: Seller warrants Ihal there nre no Incls known 10 Seller nlllleilillly nllecling ,Ihe v"lue 01 Ih<l Real Properly whir.h nre nol ieadily observable hy Buyer or which
1l3~a'nol been disclosed 10 Buyer.
. STj.NDARDS FOR REAL ESTATE TRANSAJTIONS
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ADDENDUM
TO THAT CERTAIN CONTRACT FOR SALE AND PURCHASE dated the !bn(
day of . ~' , 1994, by and between KENNETH E. GILMORE,
and NANCY G LMORE, his wife (as SELLER), and the CITY OF
CLEARWATER, FLORIDA, a Florida Municipal Corporation (as BUYER),
regarding property legally identified as Lot 3, PARKWOOD
SUBDIVISION 5TH ADDITION, according to the map or plat thereof as
recorded in Plat Book 64, Page 87, of the Public Records of
Pinellas County, Florida.
TO WIT:
1) Closing by the Buyer of the transaction contemplated herein is
subject to the fOllowing conditions having been met:
A. Approval and Acce~tance by the Clearwater city commission
of the price, terms and conditions of this Contract For Sale and
Purchase, with all attachments, within 60 days of execution of this
agreement by Seller.
B. Approval and Acceptance by the Clearwater city commission
of the price, terms and conditions of Contracts For Sale and
Purchase, with all attachments, for properties commonly known as
1364, 1368 and 1370 Jeffords Street, Clearwater, Florida, within 75
days of execution of this agreement by Seller.
C. Receipt of a satisfactory Residential Environmental Audit
Report, prepared for Buyer, at Buyer expense by an environmental
specialist licensed to transact business within the State of
Florida, within 45 days of effective date of contract, confirming
all property to be acquired from Seller, and from owners of
properties at 1364, 1368 and 1370 Jeffords street, is free of
contamination by hazardous substances or wastes that would either
be in violation of any current Federal, State or Local
environmental law, or would require environmental cleanup expenses
preliminary to using the properties for the purposes intended. If
levels of contamination by hazardous substances or wastes are
determined to be in violation of standards established by the
aforementioned governmental entities, Buyer, at Buyer option may
withdraw from this agreement by providing Seller written notice of
such intent within 15 days of receipt of the assessment report(s) .
2) Seller agrees that Buyer, at Buyer option, expense and risk
shall have the right of entry upon the property to make surveys,
measurements, conduct environmental or engineering tests, and
otherwise make such physical inspections and analyses thereof as
Buyer shall deem necessary. Buyer assumes all risks of such entry
and agrees to defend, indemnify and hold Seller harmless from and
against any claims, cost and expense resulting from any damage to
or destruction of the property, and any injury to or death of any
person(s) arising from the acts or omissions of Buyer or its agents
in exercising this right of entry.
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3) Seller and Buyer represent and agree that they have dealt with
no broker or finder in connection with the transactions
contemplated hereby, and that no fee or commission is owed or to be
paid to any such broker or finder in connection herewith.
4) RADON DISCLOSURE (Notice To Buyer): Radon is a naturally
occurring radioactive gas that, when it has accumulated in a
building in sufficient quantities, may present health risks to
persons who are exposed to it over time. Levels of radon that
exceed federal and state guidelines have been found in buildings in
Florida. Additional information regarding Radon and Radon testing
may be obtained from your county health unit. This disclosure is
made pursuant to section 404.056(8), Florida Statutes.
6) CLOSING of this transaction shall take place, and the deed and
other papers delivered within 15 business days of Buyer acceptance
of environmental assessment report(s), unless extended by other
provisions of this contract.
7) PAYMENT by seperate check in the sum of $4,000.00 shall be made
by Buyer to Seller at time of closing for delivery to Buyer of
Seller's personal property as described in attached Exhibit "A".
8) BUYER SHALL ENTER INTO A PROPERTY MANAGEMENT AGREEMENT with
Seller at time of closing agreeing to pay Seller $500.00 per month
to collect and deliver to Buyer tenant rents when due amd obtain
tenants where possible for any vacant rental units at properties
commonly known as 1364, 1366, 1368 and 1370 Jeffords Street,
Clearwater, Florida. This agreement shall be approved by the City
Attorney and executed by the City Manager of Clearwater, Florida,
and shall run for not less than 9 months following date of closing.
ACKNOWLEDGED and agreed as of the day and date first above
written.
CITY OF CLEARWATER, FLORIDA
Rita Garvey
Mayor-Commissioner
~ k ~IM
El' abeth . Deptula
Interim City Manager
City
ATTEST:
4~L. t~L.li--'- .... .... ...
ynthi6LE. Gou~.eau ... .-
ci ty Clerk .;,---:.--_ GllmoreAtJ., ~wb
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EXHIBIT "A"
4
2
. . . 2
. 1
. 1
. . 3
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U.S- pEPARTM~NT OF HOUSING AND URBAN DEfELOPMENT
. SETTLEMENT STATEMENT ,
Il
o FHA
T Y J E 2.
o F
LOA N
A
B.
o FMHA
3. 0 CONY. UNINS.
.,
CONY. INS.
6. FILE NUMOEA
7. LOAN NUMBER:
~4-1'I033
e. MORTGAGE INS. CASE NO:
C. NOTE: This form is furnished to give you a statement of actual settlement costs. Amounts paid to and by the settlement agent
are shown. Items marked "(p.o.c.)" were paid outside the closing; they are shown here for informational purposes and are
not included in the totals.
CITY OF CLEARWATER; . FL<JRIDA, aF 1 orida:M\l~rdi~~f'dor116t~tiori>'<
P.O. BOX 4748
.CLEARWATER FL346113
KENNETH E. GIl~ORE and NANCY GILMORE. his wite
815 3RD AVENUE S.W., UNIT 8
LARGO. F'L 3 640
D. NAME OF BORROWER:
ADDRESS OF BORROWER:
E. NAME OF SELLER:
ADDRESS OF SELLER:
F. NAME OF LENDER:
ADDRESS OF LENDER:
LOT 3, PARKWOOD FIFTH ADDITION
1366 JEFFORDS STREET
CLEARWATER, FLORIDA 34616
.FOAS'l'AI.BONDED TITLE CO. OF'.. CLEARWA'l'ER
'501 SOUTH: FT. HARRISON ,. SUITE 203
. CLEARWATER', FLORIDA 34616
Jut v 20, 1994
G. PROPERTY
LOCATION:
I. SETTLEMENT DATE:
101. ContraclSales price
102, Personal property
103. Selllement charges to borrower:
(from line 1400)
104.
105.
ADJUSTMENTS FOR ITEMS PAID BY SELLER IN ADVANCE:
106. Cllyllown taxes to
107, County taxes to
108. Assessments to
109,
110.
111.
112.
201. Deposit or earnest money
202. Principal amount of new loan(s)
203. Existing loan(s) taken subject to
204.
205.
206.
207,
208.
209.
404.
405.
ADJUSTMENTS FOR ITEMS PAID BY SELLER IN ADVANCE:
406. Cltyllown taxes to
407. County taxes to
408. Assessments to
409.
410.
411.
412.
II ' I
501. Excess deposit (see instructions) < .
502. Selllement charges .10 seller (line .1400) .
503. Existing loan(s) laken~ubjeclto
504. Payoff of first mortgage loan
505. Payoff of second mortgage loan
506. 1994 TAXES .
507.
50B.
509.
ADJUSTMENTS FOR ITEMS UNPAID BY SELLER:
210. City/town taxes to
211. County taxes to
212. Assessments to
213.REN'l' 0'/ / 21 / 94 to IJ'/ 13:1 /94
214ADVI\NCE REN'f
?1'iRENT 0'/1 21/ 94 to 0'//31/94
159.68 .to .J59.68
4~O.00 450.00
141. 94 to ,,141.94
'.
L. ".~. --SE-r-TL'E--M E N T
ro~: 'rOfA:L'SALES/BROKER'S COMMISSIONI
BASED ON PRICE $
C H A R G E S
@ %=
\
PAID FROM
BORROWER'S
FUNDS
AT
SETTLEMENT
PAID FROM
SELLER'S
FUNDS
AT
SETTLEMENT
DIVISION OF COMMISSION (LINE 700) AS FOLLOWS:
U20t Rec~rdlng ,fees;)De~d $'
1202. City/county tax/stamps:
t 1203. StatEl tax/stamps:'
.',... " . . " '4.o.~, ... _~., ~. ~\,. " " .,
1204.
!. 1205.;;
50.00
75,00
25,'00
;<'701. $ ,'.'.' :.
.:-.. : .,~, ,., ~ ',:.
"70'2. $
, 703. Commission paid at seltlement
, >.. " ~.. : ;.., .. "" " " .1. .' .
704.
800. ITEMS PAYABLE IN CONNECTION WITH LOAN:
. 80t loan. Orlglration fee
802. loan Discount
',' 803. Appraisal Fee to:
804. Credit Report to:
; 805. Lender's, Inspection fee
806. Mortgage Insurance application lee to
. 807. Assumption fee
808.
; 809. "
810.
;, 811. . ";, .
900, ITEMS REQUIRED BY LENDER TO BE PAID IN ADVANCE:
il901. Interest from ' ':.:
902. Mortgage insurance premium lor
L.903. Hazard Insurance, premium for'
904. Flood Insurance Premium lor
. 905.
1000. RESERVES DEPOSITED WITH LENDER:
L 1001. Hazard Jnsurance ,'"
1002. Mortgage insurance
1003. City property taxes
1004. County property taxes
1005. Annual assessments
1006. Flood Insurance
:1007"
1008.
1100. TITLE CHARGES:
1200. GOVERNMENT RECORDING AND TRANSFER CHARGES:
21.00
.,t'., .
::
1300. ADDITIONAL SETTLEMENT CHARGES:
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J/~Dlnmitment..To ....In~ure
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CA 161381
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OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY, a Minnesota corporation, herein called the Company,
for a valuable consideration, hereby commits to issue its policy or policies of title insurance, as identified in
Schedule A, in favor of the proposed Insured named in Schedule A, as owner or mortgagee of the estate or
interest covered hereby in the land described or referred to in Schedule A, upon payment of the premiums and
charges therefor; all subject to the provisions of Schedule A and B and to the Conditions and Stipulations
hereof.
This Commitment shall be effective only when the identity of the proposed Insured and the amount of the
policy or policies committed for have been inserted in Schedule A hereof by the Company, either at the time
of the issuance of this Commitment or by subsequent endorsement.
This Commitment is preliminary to the issuance of such policy or policies of title insurance and all liability and
obligations hereunder shall cease and terminate six months after the effective date hereof or when the policy or policies committed for shall issue, whichever
first occurs, provided that the failure to issue such policy or policies is not the fault of the Company.
IN WITNESS WHEREOF, Old Republic National Title Insurance Company has caused its corporate name and seal to be hereunto affixed by its duly authorized officers on the
date shown in Schedule A, to be valid when countersigned by a validating officer or other authorized signatory.
CONDITIONS AND STIPULATIONS
1. The term "mortgage", when used herein, shall include deed of trust. trust deed, or other security instrument.
2. If the proposed Insured has or acquires actual knowledge of any defect. lien, encumbrance, adverse claim
or other matter affecting the estate or interest or mortgage thereon covered by this Commitment other than those shown in Schedule B hereof, and shall fail to
disclose such knowledge to the Company in writing, the Company shall be relieved from liability for any loss or damage resulting from any act of reliance hereon
to the extent the Company is prejudiced by failure of the proposed Insured to so disclose such knowledge. If the proposed Insured shall disclose such
knowledge to the Company, or if the Company otherwise acquires actual knowledge of any such defect. lien, encumbrance, adverse claim or other matter, the
Company at its option may amend Schedule B of this Commitment accordingly, but such amendment shall not relieve the Company from liability previously
incurred pursuant to paragraph 3 of these Conditions and Stipulations,
3. Liability of the Company under this Commitment shall be only to the named proposed Insured and such
parties included under the definition of Insured in the form of policy or policies committed for and only for actual loss incurred in reliance hereon in undertaking
in good faith (al to comply with the requirements hereof or (b) to eliminate exceptions shown in Schedule B, or (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 ahd such liability is subject to the insuring provisions and the Conditions and Stipulations and the Exclusions from Coverage of the form of policy or policies
committed for in favor of the proposed Insured which are hereby incorporated by reference and made a part of this Commitment except as expressly modified
herein.
4. Any action or actions or rights of action that the proposed Insured may have or may bring against the
Company arising out of the status of the title to the estate or interest or the status of the mortgage thereon covered by this Commitment must be based on
and are subject to the provisions of this Commitment.
NOTE: The policy committed for may be examined by inquiry at the office which issued the commitment, and
a specimen copy of the policy form (or formsl referred to in this commitment will be furnished promptly upon request.
OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY
A Stock Company
400 Second Avenue South, Minneapolis, Minnesota 55401
(612) 371,1111
By
PreSident
A,,,,, ~./fti!1L / s~"""
SCHEDULE A
File No. 94-17033
Commitment No. CA CA
161381
1. Effective Date:
June 15, 1994 @ 05:00 PM
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2. Policy or Policies to be issued:
(a) AL T A Owners Policy
(10/17/92 with Florida modifications)
Proposed Insured: CITY OF CLEARWATER, FLORIDA, a
Florida Municipal Corporation
Amount:
$ 90,000.00
(b) AL TA Standard Loan Policy
(10/17/92 with Florida modifications)
$ 0.00
Proposed Insured:
3. The estate or interest in the land described or referred to in this Commitment and covered herein is a
Fee Simple
(Fee Simple, leasehold, etc.)
4. Title to the Fee Simple estate or interest in said land is at the effective date hereof vested in:
KENNETH E. GILMORE and NANCY GILMORE, his wife
5. The land referred to in this policy is situated in the County of
State of Florida, and is described as follows:
LOT 3, PARKWOOD FIFTH ADDITION, ACCORDING TO THE MAP OR PLAT
THEREOF AS RECORDED IN PLAT BOOK 64, PAGE 87, OF THE PUBLIC
RECORDS OFPINELLAS COUNTY, FLORIDA.
PINELLAS
ORT FORM 2420
This Commitment valid only if Schedule B is attached.
File Number94-17033
Commitment Num~h 161381
REQUIREMENTS
The following are the requirements to be complied with:
1. Payment to or for the account of the grantors or mortgagors of the full consideration for the estate or interest to be insured.
2. Instrument(s) necessary to create the estate or interest to be insured and other instruments which must be properly executed,
delivered, and duly filed for record, and/or other matters which must be furnished to the company.
a. Satisfaction of that certain mortgage filed in O.R. Book 6857, Page
1261, Public Records of PINELLAS County, Florida.
b. Satisfaction of that certain mortgage filed in O.R. Book 7493, Page
2372, Public Records of PINELLAS County, Florida.
c. SATISFACTION OF LIEN FILED IN OR BOOK 4321, PAGE 1897.
d. Warranty Deed from KENNETH E. GILMORE and NANCY GILMORE, his wife,
to CITY OF CLEARWATER, FLORIDA, a Florida Municipal Corporation.
File Numbel'9 4 -1 7 033
Commitment Numl1!f\. 161381
EXCEPTIONS
The policy or policies to be issued will contain exception to the following unless the same are disposed of to the satisfaction of the
Company:
1. Defects, liens, encumbrances, adverse claims or other matters, if any, first appearing in the public records or attaching subsequent
to the effective date hereof but prior to the date the proposed insured acquires for value of record the estate or interest or mortgage
thereon covered by this Commitment.
2. Facts which would be disclosed by an accurate and comprehensive survey of the premises herein described.
3. Rights and claims of parties in possession.
4. Construction, Mechanic's, Contractors' or Materialmen's liens and lien claims, if any, where no notice thereof appears of record.
5. Easements or claims of easements not shown by the public records.
6. General or special taxes and/or assessments required to be paid in the year 1994
and subsequent years.
7. AGREEMENT TO THE CITY OF CLEARWATER AS FILED IN OR BOOK 4321,
PAGE 1897, PINELLAS COUNTY RECORDS.
8. Subject to mortgage executed by KENNETH E. GILMORE AND NANCY GILMORE,
HIS WIFE, to SPEARMAN MANAGEMENT, INC., a Florida Corporation, dated
October I, 1988, filed October 18, 1988, in O.R. Book 6857, Page 1261,
Public Records of PINELLAS County, Florida, in the original principal
amount of $80,000.00. MODIFIED IN OR BOOK 8475, PAGE 1009 AND OR BOOK
7517, PAGE 1516.
9. Subject to mortgage executed by KEN E. AND NANCY L. GOLMORE, to
INSURED FINANCIAL ACCEPTANCE CORPORATION, dated January 31, 1991, filed
February 14, 1991, in O.R. Book 7493, Page 2372, Public Records of
PINELLAS County, in the original principal amount of $14,855.40.
10. RESERVATION OF EASEMENT TO FLORIDA POWER CORPORATION AS FILED
IN OR BOOK 3258, PAGE 290, PINELLAS COUNTY RECORDS.
11. RESERVATION FOR DRAINAGE PURPOSES AS FILED IN OR BOOK 3110,
PAGE 464 AND PAGE 467, PINELLAS COUNTY RECORDS.
12. 25 FOOT DRAINAGE/UTILITY Easement over the REAR lot line as filed in
Plat Book 64, Page 87, Public Records of PINELLAS County, Florida.
aRT FORM 3500
Commitment
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Commitment To Insure
Issued through the Office of:
.' JUL:.-18-1994 1121:52 FROM CITY OF CLW, ENGINEERING TO
'.. .i;;RnF~E~ TO:' CITY OF CLEARWA'l'LR , FLA A
. COASTAL RONbED ~rTLE COMPANY OF CLEA~~ATF.~ ,
:OLD REPUBLIC NATIOlfAL .TInE HlSTmAPiCE CO.
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nllI'1M ev 'llC ~ 1ONlJ. tJf tND ~ fIURIIJMT TO IEC'llClIf 47J.027 ~ 1HE n.clIlIOA STI\lII1U (AS I'llDCAIIlIiD till IlIAD Q""~ otPT. ar ~
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ELEYAl\ON srAltNOrt: ll4IS IS TO CERlVY 'lW.T 'M: HAVE OBTMlEO.El.E.VAlQIS ~Yll'l HEREON OF THE AeO'vt DESCRI9EO lNlO, '!)lEst El.!VAllONS
~ HEREON ARE IWIC CM tHE HAllOHAL ~~ DATW, 10211. lJOlCHlWQ( . " SUPPlJ(l) BY Tl4.: tNQNttRlNC
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JUL-18-1994 10:54
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FROM CITY OF CLW.ENGINEERING TO ENGINEERING P.07
JNGHAM'S TERMITE & PEST CONTROL, INC. I
2550 - 53rd Avenue North GILMORE
St. Petersburg, Florida 33714 SELLER
Phone 525-7292 FAX 526-1796
..~-,
15 YEARS EXP~IENCE IN TERMITE CONTROL
wooo.oeSTROYING ORGANISMS INSPECTION REPORT
Sec~lon 48U:l8. Florid. Statutos
CITY OF CLEARWATER
BUYER
Inspector JAMES BINGHAM Inspection Date 7-8-94
Requested By EARL BARRETT - CITY OF CLEARWATER
Property Inspected 136'~""JEFFORDS STREET. ~'RWATER, FL
Specific structures inspected DUPLEX -....
Structures on property NOT inspectedNONE
Area of structure(s) NOT.insJJected INSPECTION LIMITED DUE TO CARPET.
-Reason NOT inspecting IN SULATIolf. Ale DUCTS AND ALUMINUM SOFF.ITT
InspectorlDNo. JE6701
FURNITURE
CERTIFICATE NO. 4801
LICENSE NO. 2854
SCOPE OF INSPECTION
'"Wood--destroying organism. meana erthopod ,or pl3"' IIf. which dameves and ceo rein'stt seasoned wood in . .tructu.... nem.'y termites.
powde. ooct beetl,.. oldhou.o bor.rs, ond WOOd doeoying funVI.
THI!! 1lJ;FQ,!IT I~ MADF ON THE AA!;IS OF liY1:!ALW.6.S VlSIAI F AND ACc;FSSlRlE AT THE TIMF OF THt; '~SPFcno~ ond is nO! .n Opinion
coven", ."'88 tuch ... but not necetsarUV limited to. Ihose Ih.-: Me enc~ or irnteeetsib1e. ...... conc..led by WIIU eoverinV$, "oor COV9rings.
intuletJon. furrUture. eQuipment. atored .rticles. or anv portion Of the strueture in wh'eh inspection would nec'ft8$ftele removing Of defBc;ng eny
port of tho strvcluro.
THIS REPORT SIlAll NOT DE CONSTRUED TO CONSTITUTE A GUARANTU OF TilE ABSENCE OF WooO.OESTROYING ORGANISMS Oil
DAMAGE 011 OTHER EVIDENCE UNLESS THIS REPORT SPECIFICAllY STATeS IlEREIN THE EXTENT OF SUCH A GUARANTEE.
REPORT OF FINDINGS
(1) Visible evidence of wood-destroying organisms observed: NO @1X YES c:J
Locations:
~N.Mtvf0'9~"
(2) Live ~ood-destrOYingorganisrns observed: NOS YES 0
Locations:
~_N_of""""",,"
(3) Visible damage observed: NO n YES WCOSMETIC WATER ROT IN BOTTOM OF.
Locations: EXTERIOR DOORCASING 'nD TRIM ...~-............,~,~............-..,
(4) Visible evidence of previous treatment observed: NO a: YES c:J
Explain
(5) This company has treated the structure(s) at the time of inspection: NO efYES Q
If YES: A copy of the contract is attached .
(6) This company has treated the structure(s): NO gc YES c:J "".--
If YES: Date of treatment:
(7) A nOtIce 'olthls'insi>ection eJtand/or treatment [J has'b;;"ril'YflxeiHotliestffiC'tur9ldJ'
ATTIC
"""'.vtecn
COMMENTS:
'-'~"'~.n
CQST OF REPORT IS ~50.00
Neither the license. nor the inspector has any financial interest in the property insPe(:ted or is associatad in any way In the
transaCtion with any pany to the transaction other th.n fo' Inspe(:tioopurposes.
SEND REPORT TO PERSON WHO REQUESTED THIS INSPECTION AND TO:
CITY OF CLEARWATER,
Signature of licensee or Agent Date 7-11-94
HRS Form 1145, 0cI0ber 1989 (Obsokrt88 provious editions)
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MANAGEMENT AGREEMENT
THIS AGREEMENT made this AO~ day of J'ulv 1994,
between the CITY OF CLEARWATER, FLORIDA, a florida Mu~icipal
Corporation, herein referred to as "Owner", and KENNETH E. GILMORE,
a married man, herein referred to as "Agent".
SECTION ONE - EMPLOYMENT OF AGENT
IN CONSIDERATION of the payments to agent by owner, as hereinafter
set forth, agent shall manage and operate, as the exclusive
representative of the Owner, four residential duplexes containing
a total of eight apartments located at 1364, 1366, 1368 and 1370
Jeffords street, Clearwater, Florida, being legally described as:
Lots I, 2, 3 and 4, PARKWOOD SUBDIVISION 5TH ADDITION,
according to the map or plat thereof as recorded in
Plat Book 64, Page 87 of the Public Records of Pinellas
County, Florida.
SECTION TWO - DUTIES OF AGENT
IN MANAGING the above described properties, agent shall:
1) Leasinq of premises. Use due diligence to lease and rent the
apartment units.
2) Collection of rents. Take reasonable steps to enforce
collection of all rentals, and to do all reasonable acts on behalf
and for the protection of the owner in the payment and collection
of such rents.
3) Manaqe property. Use reasonable measures for the orderly
management of the apartments.
4) Expenses. From Bank Account as provided in Section Five
hereof, Agent shall pay for the purchase of any supplies and
maintenance expenses of the properties, and cause to be made and
pay for such repairs and alterations as may be required for the
proper operation of the properties; provided, however, that Agent
shall obtain written consent of Owner's Real Estate Services
Manager for any single expenditure of $100.00 or more~
5) Maintain Records. It shall be the duty and responsibility of
the Agent to establish and maintain complete and orderly files
containing rent records, leases, correspondence, unpaid bills,
receipts, and all other documents and papers pertaining to the
properties and the management and operation thereof. All such
documents shall be and remain the property of the Owner and shall
be available to the Owner or its representatives for inspection at
any time during regular business hours.
1
1
1
SECTION THREE - ACCOUNTING STATEMENTS
AGENT SHALL MAINTAIN books of account of all receipts and
disbursements incurred in the management of the property, which
records shall be open to inspection by Owner at all reasonable
times. Agent shall render monthly statements to owner, showing all
receipts and disbursements.
SECTION FOUR - PAYMENT TO OWNER
AGENT SHALL REMIT to Owner by the fifth day of each month all
rental income received by Agent during the previous month, less
such sums as may have been expended during the month for repairs
and maintenance necessary to the orderly management of the
properties, including Agent's $500.00 monthly management fee as
described in section six hereof, which may be deducted by Agent
monthly, in advance.
SECTION FIVE - BANK ACCOUNT
AGENT SHALL ESTABLISH and maintain in a bank whose deposits are
insured by the Federal Deposit Insurance corporation, a separate
trust account for deposit of all rental revenue received from
tenants, and for the operation and maintenance of the properties,
and for payment of Agent's fee as hereinabove described. Agent
shall have the authority to draw on this account for any payments
Agent must make to discharge any obligations incurred pursuant to
this agreement. All such payments shall be subject to the
limitations of this agreement.
SECTION SIX - PAYMENT TO AGENT
OWNER AGREES TO PAY AGENT for rendering the services described
above the gross sum of Five Hundred Dollars ($500.00) per month,
due and payable monthly on the first day of the month commencing
August 1, 1994 (the "Effective Date"), and on the first day of each
month thereafter for eight additional months for a total of nine
months. Payment may be withdrawn from bank account by Agent from
rental revenue as described in section Four of this agreement.
Should either party elect to terminate this agreement for any
reason prior to the expiration of the term of the agreement as set
forth in section Eight hereof, Owner shall owe to Agent the total
sum of $4,500.00 less any sums previously paid.
SECTION SEVEN - INSURANCE
OWNER SHALL MAINTAIN public liability insurance, or at its option,
self-insure in an amount to be determined by owner for any bodily
injury or property damage. Owner shall provide that Agent will be
identified as additional insured in the public liability policy or
other coverage as shall be determined by Owner. Casualty and all
other insurance in connection with the properties shall be the
responsibility of the owner.
2
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SECTION EIGHT - TERMINATION
THIS AGREEMENT SHALL CONTINUE in full force and effect for a period
of nine months from the effective date of the agreement. Either
party may terminate this agreement at any time by giving to the
other party thirty (30) days written notice of such termination.
SECTION NINE - NOTICE
ANY NOTICE required to be given pursuant to this agreement shall be
delivered by certified mail, addressed to Owner at:
Earl Barrett, Real Estate Services Manager
city of Clearwater, P. O. Box 4748, Clearwater, Fl. 34618-4748
and addressed to Agent at:
Kenneth E. Gilmore
815 3rd Avenue S.W., Unit 8
Largo, Florida 34640
SECTION TEN - HOLD HARMLESS
OWNER SHALL INDEMNIFY AGENT harmless against all claims and
liabilities of any nature whatsoever in connection with the
management and operation of the properties, and against all claims
and liability for injury or death suffered by Owners employees or
any other person , resulting directly from the management and
operation of the property, provided that this section shall not
impose any obligation on Owner to indemnify agent against the
willful misconduct or negligent acts or omissions of agent.
Nothing contained in this provision shall constitute a waiver of
any of the rights or defenses available to the Owner as a Florida
municipality under Section 768.28, Florida Statutes, the" Sovereign
Immunity Waiver Statute".
SECTION ELEVEN - ATTORNEYS' FEES
IN THE EVENT OF ANY SUIT, controversy, claim, or dispute between
the parties hereto, arising out of or relating to this agreement or
a breach thereof, the prevailing party shall be entitled to recover
reasonable expenses, attorneys' fees, and costs.
SECTION TWELVE - CAPTIONS
CAPTIONS contained in this agreement are for purposes of
identification only and shall not be considered in construing this
agreement.
3
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IN WITNESS WHEREOF, the parties have executed this agreement
the day and year first above written.
~_ai:l-
Kenneth E. Gilmore
CITY OF CLEARWATER, FLORIDA
By: ~M~
Elizab~h M. peptula
City Manager
correctness
Miles . L~mcE?
Assista,t City Atto~ney
Attest:
~. fL.~~
E. Goudead~,C~ty Clerk
Manage.ewb
4
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CITY OF C'LEARWATER
Interdepartmental Correspondence Sheet
TO: Elizabeth M. Deptula, City Manager
FROM: LaVonne Newcomer, Legal Staff Assistant c7<:!1
SUBJECT: Management Agreement for Lots 1, 2, 3 and 4 Parkwood
Subdivision 5th Addition - Kenneth E. Gilmore
DATE: July 20, 1994
Please sign the two original Management Agreements with Mr. Gilmore which are attached.
This relates to the City's purchase of the above property, which was closed on today by
Miles.
enc.
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Note to City Clerk: -----=-------------
Please return these documents to me and I will transmit them to you together with th)
other documents by memorandum. Thanlckso Ivonn~ef;!{ /0.:]' /
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