MICHAEL PATRICK LOBERG AND HARMONIE ANNE HAAG LOBERG
. .
Prepared By: Laurie Brief.- .
RECORD & RETURN TO:
SOMERS TITLE COMPANY
1290 COURT STREET
CLEARWATER, FL 33756 (727) 441-1088
incidental to the issuance of a title insurance policy,
File Number: 02120027c
Parcel ID #: 15-29-15-22752-003-0090
Grantee(s) SS #:
SOr'J
\ 0 f 1) . GV
q~
This WARRANTY DEED, dated January 17, 2003 by
Michael Patrick Loberg and Harmonie Anne Haag Loberg, husband and wife
whose post office address is:
03-028781 JAN
P INELLAS CO 8K23i2~~~3 p 4 : 08PM
---- -. --U~~m!IIff~-~~llIl1t~1~ 1111111/ 348
KARLEEN F. DE BLAKm, CLERK OF COURT
PINELLAS COUNTY, FLL*~IDA
--------------------------________.____MM
8C220130 01-23-2003 16:10:01 LMB
51 DED-LOBERG
010165 3010 - 00001526
1":03028791 BK:12490 SPG:0348 EPG:0349
RECORDING 002 PAGES 1 $10.50
DOC STAMP - DR219 3 $840.00
WARRANTY DEED
(INDIVIDUAL)
TOTAL:
CHECK AHT. TENDERED:
CIJABIi AMOlilT:
Btil!.l:P-._ DEPUTV ClERK
$850.50
$845.30
$5.20
hereinafter called the GRANTOR, to
City of Clearwater, a Municipal Corporation of the State of Florida
whose post office address is:
P.O. Box 4748, Clearwater, FL 33758
hereinafter called the GRANTEE: -
(Wherever used herein the terms "Grantor" and "Grantee" include all 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:
Parcel No. 15-29-15-22752-003-0090
LOT 9, BLOCK "C", DRIDD HEIGHTS, according to the map or plat thereof as recorded in Plat Book 24, Page
64, Public Records of Pinellas County, Florida.
. ... lJ.bb~
LOf'J
i ~'-/O()J
... ~*F.~
id~
~6
GD
t' lr "
PINELLAS COUNTY rLA,
Orr,REC,8K 12480 PG 348
J/I'"
SUBJECT TO covenants, conditions, restrictions, reservations, limitations, easements and agreements of record, if any;
taxes and assessments for the year 2002 and subsequent years; and to all applicable zoning ordinances and/or restrictions
and prohibitions imposed by governmental authorities, if any.
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 except as above noted, 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,
IN WITNESS WHEREOF, GRANTOR has signed and sealed these presents the date set forth above,
SIGNED IN THJ;.PRESENCE OF THE FOLLOWING WITNESSES:
Signature: /~ ftdJ ~ ~
PrintName: / /... " . NE SCHAFFER :Mi(:I1,~eLPatrick Lobe~g . _._- ..... ........ ......
~ ~'~~~
Si~ature: #" Harmonie Anne Haag Loberg
Pnnt Name:
State of Florida
County of Pinellas
THE FOREGOING INSTRUMENT was sworn and acknowledged before me on January 17,2003 by:
Michael Patrick Loberg and Harmonie Anne Haag Loberg, husband and wife
who is personally known to me or who has produced drivers license as identification.
Notary:
Signature:
Print Name:
t-{J.VPll~
Notary Seali~~*
~..;:
~OFf\.O
MARIANNE SCHAFFER
Notary Public, State Of Ronda
My Commission Expires 12/14/05
Commission No, # 00068427
,..,.--- ...~-~----:-------- ___.c__~__
~ '
CONTRACT FOR PURCHASE OF REAL PROPERTY
BY
THE CITY OF CLEARWATER, FLORIDA
PARTIES: Michael P. Loberg and Harmonie A. Loberg, husband and wife (herein "Seller"), of 1380
East Turner Street, Clearwater, FI. 33756-6016, and the CITY OF CLEARWATER, FLORIDA, a
Municipal Corporation of the State of Florida (herein "Buyer" or "City") of P. O. Box 4748, Clearwater,
Florida 33758-4748, ATTENTION: William B. Horne, II, City Manager, (collectively "Parties") hereby
agree that the Seller shall sell and Buyer shall buy the following real property ("Real Property") and
personal property ("Personalty") (collectively "Property") upon the following terms and conditions.
1. LEGAL DESCRIPTION: DRUID HEIGHTS, Block "C", Lot 9, as recorded in Plat Book 24,
Page 64, Public Records of Pinellas County, Florida, a/kla 1380
East Turner Street, Clearwater, Fl.
PERSONALTY: None included in purchase price.
2. FULL PURCHASE PRICE .....................................................................................$120,00000
Reimbursement of Seller funded appraisal. ...... ................ .......................... ........$ 275.00
TOTAL COMPENSATION................. .............................................................$ 120,275.00
3. MANNER OF PAYMENT:
a. City of Clearwater check in U.S. funds at time of closing.............................. $110,27500
b. Additional funds to be paid upon delivery of possession to Buyer
as stipulated in Paragraph 12 & attached Lease Contract (Exhibit "A").............$ 1 0,000 00
4. PURCHASE PRICE DETERMINATION
The Full Purchase Price as shown herein has been reached through negotiations with the Seller by City
staff. DonZimmet, State Certified Appraiser, appraised the real property on August 21, 2002. The
appraiser's value conclusion as of the appraisal date was $98,000.00. Seller obtained an appraisal
performed by Counts Johnson, State Registered Assistant Real Estate Appraiser on September 27,
2002. The assistant appraiser's conclusion of value as of the appraisal date was $126,000.
5. TIME FOR ACCEPTANCE; APPROVALS
Following execution of this contract by Seller, the price, terms and conditions as contained herein shall
remain unchanged and be held unconditionally open for a period of 60 days following delivery in
duplicate original to City Manager of the City of Clearwater for acceptance and approval, counter-offer,
or rejection by action of the Clearwater City Commission ("Commission"). If this agreement is accepted
and approved by the Commission, it will be executed by duly authorized City officials and delivered to
Buyer within 10 days thereafter. If a counter-offer is approved by the Commission, it shall be delivered
to Seller in writing within 10 days of such action by the City Commission, and Seller shall have 10 days
thereafter to deliver to Buyer written notice of acceptance or rejection of such counter-offer. If written
notice of acceptance is not timely delivered, or if the counter-offer is rejected by Seller, this contract
shall thereafter be null and void in all respects. If this contract is rejected by the Commission upon initial
presentation to the Commission, this contract shall be null and void in all respects and Buyer shall be
so informed in writing within 5 days of such action.
6~ TITLE
Seller warrants legal capacity to and shall convey marketable title to the Property by Statutory Warranty
Deed subject only to matters contained in Paragraph 7 acceptable to Buyer. Otherwise title shall be
free of liens, easements and encumbrances of record or known to Seller, but subject to property taxes
for the year of closing; covenants, restrictions and public utility easements of record; and no others
provided there exists at closing no violation of the foregoing and none of them prevents Buyer's
intended use of the Property. Seller warrants and represents that there is ingress and egress to the
Real Property sufficient for the intended use as described herein.
7. TITLE EVIDENCE
Buyer may, at Buyer expense obtain a title insurance commitment issued by a Florida licensed title
insurer not later than 10 days prior to closing agreeing to liens, encumbrances, exceptions or
qualifications set forth in this Contract, and those which shall be discharged by Seller at or before
closing. Seller shall convey a marketable title subject only to liens, encumbrances, exceptions or
qualifications set forth in this Contract. Marketable title shall be determined according to applicable Title
Standards adopted by The Florida Bar and in accordance with law. Buyer shall have 5 days from
receiving evidence of title to examine it. If title is found defective, Buyer shall, within 3 days thereafter,
notify Seller in writing specifying defect(s). If the defect(s) render title unmarketable, Seller will have
120 days from receipt of notice within which to remove the defect(s), failing which Buyer shall have the
option of either accepting the title as it then is or withdrawing from this Contract. Seller will, if title is
found unmarketable, make diligent effort to correct defect(s) in title within the time provided therefor,
including the bringing of necessary suits.
8. SURVEY
Buyer, at Buyer's expense, within time allowed to deliver evidence of title and to examine same, may
have Real Property surveyed and certified to the Buyer, Seller and closing agent by a registered Florida
land surveyor. If survey shows any encroachment on Real Property, or that improvements located on
Real Property encroach on setback lines, easements, lands of others, or violate any restrictions,
contract covenants or applicable governmental regulation, the same shall constitute a title defect. The
survey shall be performed to minimum technical standards of the Florida Administrative Code and may
include a description of the property under the Florida Coordinate System as defined in Chapter 117,
Florida Statutes.
9. CLOSING PLACE AND DATE
Buyer shall designate closing agent and this transaction shall be closed in the offices of the designated
closing agent in Pinellas County, Florida, within 60 days of the effective date, unless extended by other
provisions of this contract. If either party is unable to comply with any provision of this contract within
the time allowed, and be prepared to close as set forth above, after making all reasonable and diligent
efforts to comply, then upon giving written notice to the other party, time of closing may be extended up
to 60 days without effect upon any other term, covenant or condition contained in this contract.
Page 2 of 6
10. CLOSING DOCUMENTS
Buyer shall furnish closing statements for the respective parties, deed, bill of sale (if applicable),
mechanic's lien affidavit, assignments of leases, tenant and mortgage estoppel letters, and corrective
instruments. If Seller is a corporation, Seller shall deliver a resolution of its Board of Directors
authorizing the sale and delivery of the deed and certification by the corporate Secretary certifying the
resolution and setting forth facts showing the conveyance conforms with the requirements of local law.
11. CLOSING EXPENSES
The Buyer, unless this transaction is exempt under Chapter 201.24, Florida Statutes, shall pay
documentary stamps on the deed. Seller shall pay the costs of recording any corrective instruments.
Recordation of the deed shall be paid by Buyer.
12. LEASE CONTRACT; TAXES & ASSESSMENTS
Seller, pursuant to Paragraph 13 and Lease Contract, a copy of which is attached hereto as Purchase
Contract Exhibit "A", and by reference made a part hereof, shall remain in occupancy of the property
following closing. Seller covenants with Buyer to promptly pay all property taxes and tangible personal
property taxes due for calend?lr year 2002 by December 31, 2002. If taxes are not paid as set forth
herein, Buyer may pay taxes on Seller's behalf and to deduct the full amount of such payment, plus
$100.00 for administrative costs, from the $10,000.00 balance due to Seller from Buyer following
delivery of occupancy to Buyer. Seller further authorizes Buyer to pay all calendar year 2003 property
and tangible personal property taxes due through day of Seller vacating the property from the balance
of funds due from Seller to Buyer, so long as Seller has vacated the property in compliance with Lease
Contract terms and conditions. All assessments certified and levied against the property prior to closing
shall be collected by closing agent and paid at time of closing. If the amount of taxes and assessments
for the year 2003, if any, cannot be ascertained at time of Seller vacating the property, rates for the
previous year shall be used with due allowance being made for improvements and exemptions.
13. OCCUPANCY
Seller warrants that there are no parties in occupancy other than the Seller, or as otherwise disclosed
herein. Following vacation of the property by Seller, and all parties holding occupancy under Seller,
Buyer shall have the privilege of confirming by personal inspection that property has been vacated in
compliance with provisions of the Lease Contract, that all taxes required to be paid have been paid, and
that all utility services have been terminated and charges for such services paid in full, whereupon
Buyer shall release to Seller all remaining funds due to Seller under this agreement. Seller hereby
discloses that the following parties re jointly in ossession of property with Seller: (If none, insert
"NONE"). Parties Names
14. PROPERTY CONDITION
Seller shall deliver the Property to Buyer upon vacation in its present "as is" condition, ordinary wear
and tear excepted, and shall maintain the landscaping and grounds in a comparable condition. Seller
makes no warranties other than is disclosed herein in Paragraph 17 ("SELLER WARRANTIES") and
marketability of title.
Page 3 of 6
, '
15. PROCEEDS OF SALE; CLOSING PROCEDURE
The deed shall be recorded upon clearance of funds. Proceeds of sale shall be held in escrow by
Seller's attorney or by such other mutually acceptable escrow agent for a period of not longer than 5
days from and after closing, during which time evidence of title shall be continued at Buyer's expense to
show title in Buyer, without any encumbrances or change which would render Seller's title unmarketable
from the date of the last title evidence. If Seller's title is rendered unmarketable through no fault of the
Buyer, Buyer shall, within the 5-day period, notify the Seller in writing of the defect and Seller shall have
30 days from the date of receipt of such notification to cure the defect. If Seller fails to timely cure the
defect, all funds paid by or on behalf of the Buyer shall, upon written demand made by Buyer and within
5 days after demand, be returned to Buyer and simultaneously with such repayment, Buyer shall return
Personalty and vacate Real Property and reconvey it to Seller by special warranty deed. If Buyer fails
to make timely demand for refund, Buyer shall take title "as is", waiving all rights against Seller as to
any intervening defect except as may be available to Buyer by virtue of warranties contained in the
deed. The escrow and closing procedure required by this provision may be waived if title agent insures
adverse matters pursuant to Section 627.7841, F.S. (1987), as amended.
16. DEFAULT
If this transaction is not closed due to any default or failure on the part of the Seller, other than to make
the title marketable after diligent effort, Buyer may seek specific performance or unilaterally cancel this
agreement upon giving written notice to Seller. If this transaction is not closed due to any default or
failure on the part of the Buyer, Seller may seek specific performance. If a Broker is owed a brokerage
fee regarding this transaction, the defaulting party shall be liable for such fee.
17. SELLER WARRANTIES
Seller warrants that there are no facts known to Seller that would materially effect the value of the
Property, or which would be detrimental to the Property, or which would effect Buyer's desire to
purchase the property except as follows: (SpAci'fy known dAfAct~ If nonA arA known, writA "NONE")
/tJoA/G
I
Buyer shall have fifteen (15) days to investigate matters as disclosed herein by the Seller, and shall
notify Seller in writing whether Buyer will close on this contract notwithstanding said matters, or whether
Buyer shall elect to cancel this contract. If Buyer fails to so notify Seller within said time period, Buyer
shall be deemed to have waived any objection to the disclosed matters and shall have the obligation to
close on the contract.
Page 4 of 6
~..'- .
18. RADON GAS NOTIFICATION
In accordance with provisions of Section 404.056(8), Florida Statutes (1989), as amended, Buyer is
hereby informed as follows:
RADON GAS: Radon is a naturally occurring radioactive gas that, when it has
accumulated in a building in sufficient quantities, may present health risks to persons
who are exposed to it over time. Levels of radon that exceed federal and state
guidelines have been found in buildings in Florida. Additional information regarding
radon and radon testing may be obtained from your county public health unit.
19. CONTRACT NOT RECORDABLE; PERSONS BOUND
Neither this contract nor any notice of it shall be recorded in any public records. This contract shall bind
and inure to the benefit of the parties and their successors in interest. Whenever the context permits,
singular shall include plural and one gender shall include all.
20. NOTICE
All notices provided for herein shall be deemed to have been duly given if and when deposited in the
United States Mail, properly stamped and addressed to the respective party to be notified, including the
parties to this contact, the parties attorneys, escrow agent, inspectors, contractors and all others who
will in any way act at the behest of the parties to satisfy all terms and conditions of this contract.
21. ASSIGNABILITY; PERSONS BOUND
This contract is not assignable. The terms "Buyer", "Seller", and "Broker" (if any) may be singular or
plural. This Contract is binding upon Buyer, Seller, and their heirs, personal representatives,
successors and assigns (if assignment is permitted).
22. 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.
23. TYPEWRITTEN OR HANDWRITTEN PROVISIONS
Typewritten or handwritten provisions shall control all printed provisions of contract in conflict with them.
24. EFFECT OF PARTIAL INVALIDITY
The invalidity of any provision of this contract will not and shall not be deemed to effect the validity of
any other provision. In the event that any provision of this contract is held to be invalid, the parties
agree that the remaining provisions shall be deemed to be in full force and effect as if they had been
executed by both parties subsequent to the expungement of the invalid provision.
Page 5 of 6
25. GOVERNING LAW
It is agreed by and between the parties hereto that this contract shall be governed by, construed, and
enforced in accordance with the laws of the State of Florida,
26. COUNTERPARTS; FACSIMILE COPY
This contract may be executed in two or more counterparts, each of which shall be deemed an original
and all of which together shall constitute one instrument. A facsimile copy of this contract, including any
addendum, attachments and any written modifications hereof, and any initials or signature thereon shall
be deemed an original.
27. ENTIRE AGREEMENT
Upon execution by Seller and Buyer, this contract shall constitute the entire agreement between the
parties, shall supersede any and all prior and contemporaneous written and oral promises,
representations or conditions in respect thereto. All prior negotiations, agreements, memoranda and
writings shall be merged herein. Any changes to be made in this agreement shall only be valid when
expressed in writing, acknowledged by the parties and incorporated herein or attached hereto.
APPROVED AND ACCEPTED this I~d- day of ~
,2002.
BUYER
Countersigned:
CITY OF CLEARWATER, FLORI DA
By: ~.-...-:g.~&.,_ ':II:
William B. Horne II, City Manager
Attest: .. '
~~~~
.{jPynt. GOUd~~; ~ity Clerk m
---------.-----------------...----------------------.------------------------
I SELLER
~LuJ ~ Iii} V
Michael P. Loberg' ~
~ ~
...-..,,/~ ."
~'/J '/ #//
Harmonie A. Loberg -
Ebarretionpwa1/cilybuys/Glen Oaks Contr (Loberg) 1002,doc
Page 6 of 6
PURCHASE CONTRACT
EXHIBIT "A"
~
LEASE CONTRACT
THIS LEASE CONTRACT, entered into this l07tLdayof ~
the City of Clearwater, Florida, a Florida municipal corporation ("Lessor"), and
and Harmonie A. Loberg, husband and wife ("Lessee").
WIT N E SSE T H:
, 2002, between
Michael P. Loberg
That the Lessor does lease to the Lessee the following premises located in Pinellas County,
Florida:
DRUID HEIGHTS, Block "C", Lot 9 as recorded in Plat Book 24, Page 64, Public
Records of Pinellas County, Florida, a/kla 1380 East Turner St., Clearwater, Fl.
Such property shall hereinafter be referred to as the "leased premises" or the "demised
premises" or the "leased property. II
1. LEASE TERM.
The term of this lease shall commence simultaneously with conveyance of title to the leased
property from Lessee to Lessor, and shall continue until midnight on Sunday, the 31st day of August,
2003 (the "termination date").
2. RENT.
The Lessee agrees to pay and the Lessor agrees to accept as rent during the term of this lease
the sum of One Dollar ($1.00), and other good and valuable consideration, including but not limited to
the faithful completion of all terms, provisions, covenants and obligations of Lessee as required by
this Lease Contract.
3. SECURITY DEPOSIT.
The parties hereto acknowledge that Lessor has retained and is holding Ten Thousand and
00/100 Dollars ($10,000.00) of the Purchase Price Lessor contracted to pay Lessee for the leased
property, the same to be held as security for the performance of Lessee's obligations under this
lease, including without limitation the surrender of possession of the premises to Lessor as herein
provided. If Lessor applies any part of the deposit to cure any default of Lessee, Lessee shall on
demand deposit with Lessor the amount so applied so that Lessor shall have the full deposit on hand
at all times during the term of this lease. Upon the full and faithful performance by Lessee of all the
terms and conditions of this Lease Contract, Lessor shall promptly disburse the full amount of the
Security Deposit to Lessee within ten (10) days following lease termination, less any disbursements
made by Lessor on behalf of Lessee in fulfillment of Lessee's obligations hereunder.
4. USE OF PREMISES.
The premises are leased to Lessee solely for the following uses and no other use can be made
of the premises during the term without the written consent of the Lessor: The premises will be used
exclusively for single family residential purposes.
5. UTILITIES.
Water, sewer, electric and all other utilities of any kind shall be billed directly to Lessee or
tenants of Lessee, and are or shall be individually metered for the subject premises. All deposits for
such utilities shall be the sole responsibility of Lessee.
6. TAXES AND ASSESSMENTS
Lessee shall be responsible for prompt payment of all real estate taxes, tangible personal
property taxes, any liens and assessments levied against the leased property during the term, or
subsequent to the term hereof, if such liens or assessments result from the actions or inactions of
Lessee as the same may relate to the operation of this Lease Contract. Provisions of Paragraph 3
(Security Deposit) are applicable to insuring Lessee compliance with requirements of this paragraph.
7. OBSERVANCE OF LAWS AND ORDINANCES.
Lessee agrees to observe, comply with and execute promptly at its expense during the term
hereof, all laws, rules, requirements, orders, directives, codes, ordinances and regulations of
governmental authorities and agencies and of insurance carriers which relate to its use or occupancy
of the demised premises.
8. ASSIGNMENT OR SUBLEASE.
Lessee shall not, without first obtaining the written consent of Lessor, assign, mortgage,
pledge, or encumber this lease, in whole or in part, or sublet the premises or any part thereof other
than to those tenants of Lessee, if any, as previously disclosed to Lessor, or as must subsequently
be disclosed in the event of a successor tenancy. Lessor expressly covenants that such consent to
sublet shall not be unreasonably or arbitrarily refused. This covenant shall be binding on the legal
representatives of Lessee, and on every person to whom Lessee's interest under this lease passes
by operation of law.
9. ALTERATIONS AND IMPROVEMENTS.
The Lessee shall not make any structural alterations or modifications or improvements which
are part of the leased property without the written consent of the Lessor, and any such modifications
or additions to said property shall become the property of the Lessor upon the termination of this
lease or, at Lessor's option, the Lessee shall restore the leased property at Lessee's expense to its
original condition. The restrictions of this paragraph shall not apply to maintenance of the leased
property, but shall apply to any change which changes the architecture or purpose of the property or
which changes any of the interior walls of the improvements or which annexes a fixture to any part of
the leased property which cannot be removed without damage thereto. In the event Lessee desires
to make any alterations or modifications, written notice shall be given to the Lessor. Unless the
Page 2 of 7
Lessor objects to such proposals by notice to Lessee within twenty (20) days after written notice from
Lessee, the proposal shall be deemed approved. Lessee shall have no power or authority to permit
mechanics or materialmen's liens to be placed upon the leased property in connection with
maintenance, alterations or modifications. Lessee shall, within fifteen (15) days after notice from
Lessor, discharge any mechanic's liens for materials or labor claimed to have been furnished to the
premises on Lessee's behalf. Not later than the last day of the term Lessee shall, at Lessee's
expense, remove all of Lessee's personal property and those improvements made by Lessee which
have not become the property of Lessor. All property remaining on the premises after the last day of
the term of this lease shall be conclusively deemed abandoned and may be removed by Lessor and
Lessee shall reimburse Lessor for the cost of such removal.
10. RIGHT OF ENTRY.
The Lessor, or any of its agents, shall have the right to enter said premises during all
reasonable hours, to examine the same to make such repairs, additions or alterations as may be
deemed necessary for the safety, comfort, or preservation thereof, or of said building, or to exhibit
said premises. The right of entry shall likewise exist for the purpose of removing placards, signs,
fixtures, alterations or additions, which do not conform to this agreement.
11. RESTORING PREMISES TO ORIGINAL CONDITION.
Lessee represents that the premises leased are in good, sanitary and tenantable condition for
use by Lessee and Lessee's tenants. Lessee's acceptance or occupancy of the leased premises
shall constitute a recognition of such condition. Lessee hereby accepts the premises in the condition
they are in at the beginning of this lease and agrees to maintain said premises in the same condition,
order and repair as they are at the commencement of said term, and to return the premises to their
original condition at the expiration of the term, excepting only reasonable wear and tear arising from
the use thereof under this agreement. Subject to provisions of paragraph 12, Lessee agrees to make
good to said Lessor immediately upon demand, any damage to water apparatus, or electric lights or
any fixture, appliances or appurtenances of said premises, or of the walls or the building caused by
any act or neglect of Lessee or of any person or persons in the employ or under the control of the
Lessee.
12. INSURANCE; REMOVAL OF PROPERTY.
Lessee shall procuree and maintain for the life of the Lease a Renters Insurance policy to
cover any loss Lessee may suffer resulting from the damage or destruction of Lessee's personal
property and any personal or real property owned by Lessor which Lessor has agreed may be
removed by Lessee upon lease termination. Lessor-owned fixtures and improvements that may be
removed by Lessee at termination are itemized and listed as "Addendum of Items" (EXHIBIT "A")
attached hereto and a part hereof. The policy of insurance shall also provide General Liability
Insurance coverage on an "Occurrence" basis which shall provide coverage for death, bodily injury,
personal injury or property damage that could occur directly or indirectly from the actions or inactions
of Lessee during the performance and operation of this lease. The minimum limits of coverage shall
be $300,000 Per Occurence Combined Single Limit for Bodily Injury Liability and Property Damage.
The Lessor shall be included and identified as Additional Insured under the policy and on the
Certificate of Insurance. Lessor covenants with Lessee that the attached Homeowners Insurance
Quote provided to Lessee by the White-Hoskins Agency, Inc. and dated 10/30/22 (EXHIBIT "B"), is
sufficient to meet the requirements of this paragraph.
Page 3 of 7
13. MAINTENANCE.
Lessee and any person or persons in the employee or under the control of Lessee shall keep
the foundation, outer walls, roof and buried conduits of the premises in good repair. The same shall
keep the inside of said premises and the interior doors, windows and window frames of said
premises in good order, condition and repair and shall also keep the premises in a clean, sanitary
and safe condition in accordance with law and in accordance with all directions, rules and regulations
of governmental agencies having jurisdiction. The Lessee shall be responsible for providing all light
bulbs used on the premises. The plumbing facilities shall not be used for any other purposes than
that for which they are constructed and no foreign substances of any kind shall be thrown therein,
and the expense of any breakage, stoppage or damage resulting from the violation of this provision
shall be borne by the Lessee. The heating and air-conditioning system and plumbing facilities shall
be under the control of Lessee, and all repair or replacements of such facilities will be at Lessee's
expense. In the event Lessor pays any monies required to be paid by Lessee hereunder, Lessor shall
demand repayment of same from Lessee and Lessee shall make payment within ten (10) days of
receipt of said demand. Lessee's failure to make such repayment within the ten (10) day period shall
constitute a default under the terms of this lease.
14. DESTRUCTION OF PREMISES.
In the event that the building should be totally destroyed by fire, earthquake or other cause, to
such an extent that it cannot be rebuilt or repaired within sixty (60) days after the date of such
destruction, this lease shall be terminated.
In the event that the building should be partially damaged by fire, earthquake or other cause,
but only to such an extent that it can be rebuilt or repaired within sixty (60) days after the date of such
destruction, the lease shall be void or voidable, but not terminated, except as otherwise provided
herein. If the Lessee intends to rebuild or repair the premises, he shall, within fifteen (15) days after
the date of such damage, give written notice to Lessor of his intention to rebuild or repair and shall
proceed with reasonable diligence to restore the building to substantially the same condition in which
it was immediately prior to the destruction. If, after rebuilding or repairing has commenced, such
rebuilding or repairing cannot be completed within sixty (60) days after the date of such partial
destruction, the Lessor may terminate this lease.
15. EMINENT DOMAIN.
If the whole or any part of the premises hereby leased shall be taken by any public authority
under power of eminent domain, then the term of this lease shall cease on the part so taken from the
date title vests pursuant to such taking, and the rent and any additional rent shall be paid up to that
day, and if such portion of the demised premises is so taken as to destroy the usefulness of the
premises for the purpose for which the premises were leased, then from that day the Lessee shall
have the right to either terminate this lease or to continue in possession of the remainder of the same
under the terms herein provided, except that the rent shall be reduced in proportion to the amount of
the premises taken. The parties agree that the Lessee shall not be entitled to any damages by
reason of the taking of this leasehold, or be entitled to any part of the award for such taking, or any
payment in lieu thereof.
Page 4 of 7
16. DEFAULT; REMEDIES.
The Lessee further covenants that, if the Lessee shall violate any of the covenants of this
lease, such violation shall be considered a default hereunder, and should Lessee fail to correct such
default within fifteen (15) days after a written request by the Lessor to do so, then the Lessor may, at
its option, deem this lease terminated. Lessee shall thereafter become a tenant at sufferance, and
the Lessor shall be entitled to obtain possession of the premises as provided by law.
17. MISCELLANEOUS.
(a) The Lessor shall have the unrestricted right of assigning this lease at any time, and in the
event of such assignment, the Lessor shall be relieved of all liabilities hereunder.
(b) This contract shall bind the Lessor and its assigns or successors, and the Lessee and
assigns and successors of the Lessee.
(c) It is understood and agreed between the parties hereto that time is of the essence of this
contract and this applies to all terms and conditions contained herein.
(d) It is understood and agreed between the parties hereto that written notice sent by certified
or registered mail, or hand delivered to the premises leased hereunder, shall constitute sufficient
notice to the Lessee, and written notice sent by certified or registered mail or hand delivered to the
office of the Lessor shall constitute sufficient notice to the Lessor, to comply with the terms of this
contract.
(e) The rights of the Lessor under the foregoing shall be cumulative, and failure on the part of
the Lessor to exercise promptly any rights given hereunder shall not operate to forfeit any of the said
rights.
(f) It is hereby understood and agreed that Lessee shall use no signs in connection with the
premises hereunder.
(g) It is understood that no representations or promises shall be binding on the parties hereto
except those representations and promises contained herein or in some future writing signed by the
party making such representations or promises.
18. SUBBROGATION.
The Lessor and Lessee do agree that each will cause its policies of insurance for fire and
extended coverage to be so endorsed as to waive any rights of subrogation which would be
otherwise available to the insurance carriers, by reason of any loss or damage to the leased property
or property of Lessor. Each party shall look first to any insurance in its favor before making any claim
against the other party. Nothing contained herein shall in any way be considered or construed as a
waiver or release by the Lessor of any and all of the other covenants and conditions contained in this
lease to be performed by the Lessee.
Page 5 of 7
19. INDEMNIFICATION.
The Lessee shall indemnify the Lessor against all liabilities, expenses and losses incurred by
the Lessor arising out of or related to the leased premises or Lessee's use or occupancy thereof, to
include but not being limited to (a) failure by the Lessee, or its agents, to perform any provision, term,
covenant or agreement required to be performed by the Lessee under this agreement; (b) any
occurrence, injury or personal or property damage which shall happen in or about the leased property
or appurtenances resulting from the condition, maintenance, construction on or of the operation of
the leased property; (c) failure to comply with any requirements of any governmental authority or
insurance company insuring the leased property or its contents; (d) any security agreement,
conditional bill of sale or chattel mortgage or mechanic's lien connected with Lessee, its obligations
or operations, filed against the leased property, fixtures, equipment or personalty therein; and (e) any
construction, work, alterations or improvements by Lessee on the leased property. Such
indemnification shall include reasonable attorney's fees for all proceedings, trials and appeals.
20. "AS IS" CONDITION.
The Lessee accepts the leased premises on an lias is" basis, and Lessor shall have no
obligation to improve or remodel the leased premises.
21. SEVERANCE.
The invalidity or unenforceability of any portion of this lease shall in nowise affect the
remaining provisions and portions hereof.
22. CAPTIONS.
The paragraph captions used throughout this lease are for the purpose of reference only and
are not to be considered in the construction of this lease or in the interpretation of the rights or
obligations of the parties hereto.
23. NO HAZARDOUS MATERIALS.
The Lessee herewith covenants and agrees that no hazardous materials, hazardous waste, or
other hazardous substances will be used, handled, stored or otherwise placed upon the property or,
in the alternative, that such materials, wastes or substances may be located on the property, only
upon the prior written consent of the Lessor hereunder, and only in strict accord and compliance with
any and all applicable state and federal laws and ordinances. In the event such materials are
utilized, handled, stored or otherwise placed upon the property, Lessee expressly herewith agrees to
indemnify and hold Lessor harmless from any and all costs incurred by Lessor or damages as may
be assessed against Lessor in connection with or otherwise relating to said hazardous materials,
wastes or substances at anytime, without regard to the term of this lease. This provision shall
specifically survive the termination hereof.
24. CONFORMANCE WITH lAWS.
Lessee agrees to comply with all applicable federal, state and local laws during the life of this
Contract.
Page 6 of 7
25. ATTORNEY'S FEES.
In the event that either party seeks to enforce this Contract through attorneys at law, then the
parties agree that each party shall bear its own attorney fees and costs.
26. GOVERNING LAW.
The laws of the State of Florida shall govern this Contract, any action brought by either party
shall lie in Pinellas County, Florida.
IN WITNESS WHEREOF, the parties hereto have executed this Contract as of the date set
forth above.
I LESSOR I
Cou ntersigned:
BrianJ.~
Mayor-Commissioner
CITY OF CLEARWATER, FLORIDA
By: ~..........-;a.~~. "1[
William B. Horne II
City Manager
Attest:
~
..~~ 'a~fL
Cy i E. "oulleau .. t?,
City Clerk ',_ .'.-
I LESSEE
~~g~
Michael P. Loberg
~<<dg-=
U:EbarrettonPWA 1/GlenOaks (Loberg)Lse1002,doc
Page 7 of 7
I EXHIBIT "A" I
Addendum of Items
1. hot water heater
2. washer/dryer
3. garbage disposal (sink if necessary)
4. drinking water filtration system
5. stove
6. stove hood
7. refrigerator
8. ceiling fans
9. marble light fixture
10. exterior lights
11. Malibu lights
12. hedges/shrubs
13. hibiscus tree
14. rose bushes
15. red brick edging around flower beds
16. landscaping stones
17. closet shelving
18. smoke detectors
19. mailbox
20. mounted book shelves
21. bathroom cabinet/sink
22. outlets and covers
White"Hosklns Agency. Inc.
P.O. Box 40160
St. Petarsburg,Fl33743
Homeowner':. InsuranclI Quote prepared For:
MICHAEL LOBERG
1380 TURNER STREEr
CLEARWA TER,FL 33756
HO Policy
Form
H04
Construction
Frame
Year
Built
1951
Basic Coverages
A. Dwelling
B. Oll1er Structures
C, Personal Property
0, LC'BB of Use
E. Lt.tbDiI\l' Limil5
F. Modical Payments
Additional Coverages
Replllcement Cost Contents
LoSS A5sessmenl
Condo Unil ~enled to Others
Cona) S.:>ecial Ow9l11ng Coverage
Sltuc :ures Rented to OthelS
Perm itted Incidental Oecup.lnCY
Specific Other Structures
I H"~..
EXHIBIT "B"
Protection
Class
03
$4,000
$0
$40,000
$4,000
300.000
2.000,
Yes
1,000
N1A
N/A
$0
No
$0
Y6
Deductible.
2% All Olher PerilS!
Premium
8(!lsic I~remium
Addllicnal Coverages Detaltlld Above
Chan\!e& to Standard Property Coverages
Changes to Standard UabDlty Covelllges
Chang~1ii to standard DeductJbles
Disc:ountl. and Surcharges Oel$ifed Above
Seasonal Occupancy Charge
MinimlflTl Polley Premium
Emerg~ncy Management Prepardness Fee
Tal( Exempt SUrcharge
Total COBt
Citizens Properly Insurance Corpor,Jtion
101 North Monroe Street
Suite 1000
Tallaha~$8e. FL 32302-2749
Proposed:
Effective Date
Expiration Oeltil
1213012002
12130J20~
Date and TIme Quutatian Printed:
10130/2002 11:53 AM
Cuunty
PINELLAS
Territory
Code
081
Completec'
Updates
N/A
Discounts and Surcharge~~
Alarms and Sprinklers
Windstorm Protection
Superior CoO$lnJction
No PrIor Coverage
Age of Home
Building Code Grad&
iG 1.000
$402
$141
$0
$18
$0
SO
$0
$0
$2
$10
$573
k;
Quote 10: FRJ::J0110815
www,001.001.00S
Building
Code Gradg
99
$0
SO
$0
$0
$0
$0
(Printed on Jan 17, 2003@ 10:18)
A. ',_ ~.~ ~ >0,
US Department of Housing and Urban Devclopment
SETTLEMENT STATEMENT
OMB No. 2502-0265
B ~ ~ LOlm
1. [] FHA 2, [ ] FmHA 3, [] Cony, Unins, I 6, File Number: I I
4. r 1 VA 5, r 1 Cony, Ins, 02120027c 7, Loan Number: 8, Mortp'ap'e Ins, Case #:
c. NOTE: This fonn is furnished to give you a statement of actual settlement costs. Amounts paid to and by the settlement agent are shown. Items marked 'POC' were paid outside the closing: they are shown here for infonnation
D. NAME AND ADDRESS OF BORROWER:
City of Clearwater P,O, Box 4748 Clearwater, FL 33758-4748
E. NAME AND ADDRESS OF SELLER:
Michael Patrick Loberg 1380 Turner Street Clearwater, FL 33756
Harmonie Anne Haag Loberg 1380 Turner Street Clearwater, FL 33756
F. NAME AND ADDRESS OF LENDER:
G. PROPERTY LOCATION:
1380 Turner Street Clearwater, FL 33756
H. SETTLEMENT AGENT: PLACE OF SETTLEMENT:
SOMERS TITLE COMPANY 727-441-1088 Contact: 1290 COURT STREET CLEARWATER, FL 33756
I. SETTLEMENT DATE: DISBURSEMENT DATE:
01/17/2003 01/17/2003
I J. SUMMARY OF BORROWER(S) TRANSACTION
100 GROSS AMOUNT DUE FROM BORROWER'
I K. SUMMARY OF SELLER(S) TRANSACTION
400 GROSS AMOUNT DUE TO SELLER :
101, Contract sales price 120,000,00 401. Contract sales price 120,000,00
102, Personal Property 402, Personal Property
103, Settlement charges to borrower (line 1400) 1,775,50 403,
104, Reimbursement for Appraisal 275,00 404, Reimbursement for Appraisal 275,00
105, 405,
Adiustments for items paid bv Seller in advance Adiustments for items naid bv Seller in advance
106, City/town taxes 406, City/town taxes
107, County taxes 407, County taxes
108, Assessments 408, Assessments
109, 409,
110, 410,
111. 411.
112, 412,
120. Gross Amount Due From Borrower 122 050.50 420. Gross Amount Due Seller 120275.00
200. AMOUNTS PAID BY OR IN BEHALF OF BORROWER:
500. REDUCTIONS IN AMOUNT DUE TO SELLER :
201, Deposit or earnest money 501. Excess deposit (see instructions)
202, Principal amount of new loan(s) 502, Settlement charl!es to seller (line 1400) 30,00
203, Existinl! loan(s) taken subiect to 503. Existing loan(s) taken subiect to
204, 504, Payoff of first mortgage loan GTE Federal C,U, 49,613,68
205, 505, Payoff of second mortgage loan
206, 506, CourierlHandlinl! Fee for Pavoff/stc 20,00
207, 507,
208, Escrow for Security Deposit 10,000,00 508, Escrow for Security Deposit 10,000,00
209, 509,
Adjustments for items unpaid by Seller in advance Adjustments for items unpaid by Seller in advance
210, City/town taxes 510, City/town taxes
211, County taxes 511, County taxes
212, Assessments 512, Assessments
213, 513,
214, 514, CountvTaxes 1/1/-1/17/03 78,93
215, 515,
216, 516.
217, 517,
218. 518,
219, 519,
220. Total Paid Bv/For Borrower 10.000.00 520. Total Reduction Amount Due Seller 59.742.61
~
~
122,050,50
10,000,00
112 050.50
120,275,00
59,742,61
60 532.39
SUBSTITUTION FORM 1099 SELLER STATEMENT: The information contained in Blocks E,G,H and I on line 401(or if 401 is asterisked, line 403 and 404) is
important tax information and is being furnished to the Internal Revenue Service, If you are required to file a return, a negligence penalty or other sanction will
be imposed on you if this item is required to be reported and the IRS determines that it has not been reported,
SELLER, you are required by law to provide the settlement agent with your correct taxpayer identification number. If you do not provide the settlement agent
with your correct taxpayer identification number, you may be subject to civil or criminal penalties imposed by law,
Under penalties of perjury, I certify that the number shown on this statement is my correct taxpayer identification number,
(Printcd on Jan 17, 2003 @ 10: 18)
L.' ....
US Department of Housing and Urban Development
SETTLEMENT CHARGES
OMB No, 2502-0265
..
700, Total Sales/Broker's Commission based on price Paid from Paid from
Borrower's Seller's
701. Listing Realtor Commission Funds at Funds at
702, Selling Realtor Commission Settlement Settlement
703, Commission paid at Settlement
704,
800 ITEMS PAYABLE IN CONNECTION WITH LOAN
801. Loan Origination Fee
802, Loan Discount
803, Appraisal Fee
804, Credit Report
805, Lender's Inspection Fee
806, Mortgage Insurance Aoolication Fee
807,
808,
809,
810,
900. ITEMS REQUIRED BY LENDER TO BE PAID IN ADVANCE
901, Interest from
902, Mortgage Insurance Premium for
903, Hazard Insurance Premium for
904,
905,
1000 RESERVES DEPOSITED WITH LENDER
1001, Hazard insurance
1002,Mortgageinsurance
1003, City property taxes
1004, County property taxes
1005, Annual assessments
1006,
1007,
1008, Aggregate Accounting Adjustment
1100 TITLE CHARGES
1101. Settlement or closing fee To: STC 100,00
1102, Abstract or title search To: STC 100,00
1103, Title examination To: STC 50,00
1104, Title insurance binder
1105, Document preparation
1106, Attorney's Fees
1107, FL Risk Rate $675,00
(Includes above item numbers: )
1108, Title Insurance To: SOMERS TITLE COMPANY 675,00
(Includes above item numbers: )
1109, Lender's coverage @
1110, Owner's coverage I 20,000,00 @ 675,00
1111.
1112,
1113.
1200 GOVERNMENT RECORDING AND TRANSFER CHARGES
1201. Recording fees: Deed $10,50 Mortgage $0,00 Releases $0,00 To: Clerk of the Court 10,50
1202, City/county tax/stamps:
1203, State tax/stamps: Deed $840,00 Mortgage $0,00 To: Clerk ofthe Court 840,00
1204, Record 4 Affidavits To: Clerk of the Court 24,00
1205, Record SIM To: Clerk of the Court 6,00
1300. ADDITIONAL SETTLEMENT CHARGES
1301. Survey
1302, Pest inspection
1303,
1304,
1305,
1400. Total Settlement Cha es enter on lines 103 Section J and 502 Section K
I have carefully reviewed the HUD-1 Settlement Statement and to the best of my knowledge and belief, it is a true and accurate statement of all receipts and disbursements made on my
account or by this transaCtion, r further certify that I have received a copy of HUD-1 Settlement Statement.
BORRO S): S~~JI'~~
Michael Patrick Loberg '7
~. ~~
~/~- .
Harmonie Anne Haag LoBerg
1/17/03
M RS Date
NOTE: Taxe ave be rorated based on taxes for the year, Any re-proration will be handled between the buyer and seller, All utility bills (water, sewer, electric, cable and
maintenanc fees) have been paid or will be paid upon receipt of final bills.
WARNIN , It is a crime to knowingly make false statements to the United States on this or any other similar form, Penalties upon conviCtion can include a fine or imprisonment. For
details s e: Title 18 U,S, Code Section 1001 and Section 1010,
.'
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
arise by reason of:
(al Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulationsl restricting, regulating, prohibiting or
relating to (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improvement now or hereafter erected on the land;
(iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection,
or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of
a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy,
(b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance
resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy,
2, Rights of eminent domain unless notice of the exercise thereof has been recorded in the 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;
(dl attaching or created subsequent to Date of Policy; or
(e) resutting in loss or oamage wtiich would not l'Iaveeeensustained if the insured c1airnjlnthad Ilaidvalue for the~stateo-"lnter~tinsu~e~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 'operalfon-of fecferalbankruptcy, state
insolvency, or similar creditors' rights laws, that is based on:
(al 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
(iil of such recordation to impart notice to a purchaser for value or a judgment or lien creditor,
1, DEFINmON OF TERMS
CONDITIONS AND STIPULATIONS
4, DEFENSE AND PROSECUTION OF ACTIONS; DUTY OF INSURED CLAIMANT
TO COOPERATE
The following terms when used in this policy mean:
(a) "insured": the insured named in Schedule A, and, subject to any rights or
defenses the Company would have had against the named insured, those who
succeed to the interest of the named insured by operation of law as distinguished
from purchase including, but not limited to, heirs, distributees, devisees, survivors,
personal representatives, next of kin, or corporate or fiduciary successors,
(b) "insured claimant": an insured claiming loss or damage,
(c) "knowledge" or "known": actual knowledge, not constructivo 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 [AI, 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
[AI, nor any right, tilie, interes~ 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 trus~ trust deed, or other security instrument
(f) "public records"; records established under state staMes 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 interes~ as insured, and which might cause loss or damage for which the Company
may be liable by virtue of this policy, or (iii) ij 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,
(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 right to select counsel 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 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 righ~ 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 constiMes the basis of loss or damage and shall state, to the extent possible,
the basis of calculating the amount of the loss or damage,lfthe 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,
..
i
OWNER'S POLICY
Schedule A
State: FL County: Pinellas
File Number
02120027c
Policy Number
OP-9-1708-279
Effective Date
January 23, 2003
Effective Time
4:08 PM
Amount of Policy
$120,000,00
Commitment #:
Simultaneous #:
Reinsurance #:
1, Name of Insured:
City of Clearwater, a Municipal Corporation of the State of Florida
2, The estate or interest in the land described herein and which is covered by this policy is:
Fee Simple
3, The estate or interest referred to herein is at Date of Policy vested in the insured.
4. The land referred to herein is described as follows:
Parcel No. 15.29.15.22752.003.0090
LOT 9, BLOCK "C", DRUID HEIGHTS, according to the map or plat thereof as recorded in
Plat Book 24, Page 64, Public Records of Pinellas County, Florida.
4ff ~~
CdUntersigned Authorized Signatory
Issued By: 1875* 02120027c
SOMERS TITLE COMPANY
1290 COURT STREET
CLEARWATER, FL
33756
Note: This Policy consists of insert pages labeled Schedule A and B, This policy is of no force and effect unless all pages are included along with any
added pages incorporated by reference,
,.
,
.
OWNER'S POLICY
Schedule B
This policy does not insure against 1055 or damage by reason of the following exceptions:
1. Rights or claims of parties in possession not shown by the Public Records.
2. Encroachments, overlaps, boundary lines disputes, and other matters which would be disclosed
by an accurate survey and inspection of the premises.
3. Easements or claims of easements not shown by the Public Records.
4. 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,
5. Community property, dower, survivorship, or homestead rights, if any, of any spouse of the
insured.
6. Any adverse ownership clain by the State of Florida by right of sovereignty to any portion of the
lands insured hereunder, including submerged, filled, and artificially exposed lands and lands
accreted to such lands.
7. Taxes and assessments for the year 2003, and thereafter and/or special assessments, if any, not
recorded in the public records.
**The following items, as listed above, are hereby deleted: 1 and 4 **
8. Subject to covenants, conditions and restrictions contained on Plat of DRUID HEIGHTS,
recorded in Plat Book 24, Page 64, Public Records of Pinellas County, Florida, but omitting any
based on race, color, religion, sex, handicap, familial status or national origin unless and only to
the extent that the covenant, condition or restriction (a) is exempt under Title 42 of the United
States Code, or (b) relates to handicap, but does not discriminate against handicapped persons.
9. Subject to 5 ft easement for drainage/utilities over and across the Northerly (rear) boundary line,
as shown on Plat, recorded in Plat Book 24, Page 64, Public Records of Pinellas County, Florida.
Policy #: OP-9-1708-279
2
File #: 02120027c
Note: This Policy consists of insert pages labeled Schedule A and B. This policy is of no force and effect unless all pages are included along with any
added pages incorporated by reference,
CONDITIONS AND STIPULATIONS. CONTINUED
In addition, the insured claimant may reasonably be required to subm~ to 9, LIMITATION OF LIABILITY
examination under oath by any authorized representative of the Company and shall
produce for examination, inspection and copying, at such reasonable bmes 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 gran! its permission, in wr~ing, for any authorized
representative of the Company 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 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 PAY OR OTHERWISE SETTlE CLAIMS; TERMINATION OF
LIABILITY
,-
In case of a claim under this policy, the Company shall have the following additional
options:
la) To Payor Tender Payment of the Amount of Insurance,
To payor tender payment of the amount of insurance under this policy together
w~h any costs, attorneys' fees and expenses incurred by the insured claimant,
which were authorized by the Company, up to the time of payment or tender of
payment and which the Company is obligated to pay,
Upon the exercise by the Company of this option, all liability and obligations
to the insured under this policy, other than to make the payment required, shall
terminate, including any liability or obligation to defend, prosecute, or continue any
I~igation, and the policy shall be surrendered to the Company for cancellation,
Ib) To Payor Otherwise Settle With Parties Other than the Insured or With the
Insured Claimant.
Ii) 10 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, attomeys' 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 I~igation,
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 of the Company under this policy shall not exceed the least of:
(i) the Amount of Insurance stated in Schedule A; or,
(ii) the difference between the value of the insured estate or interest as insured
and the value of the insured estate or interest subject to the defect. lien or
encumbrance insured against by this policy,
(b) (This paragraph dealing with Coinsurance was removed from Florida policies,)
(c) The Company will pay only those costs, attorneys' fees and expenses incurred
in accordance with Section 4 of these Cond~ions and Stipulations,
8, APPORTIONMENT
If the land described in Schedule [AI consists of two or more parcels which
are not used as a single s~e, 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 Company and the insured
al the time of the issuance of this policy and shown by an express statement
or by an endorsement attached to this policy,
"
/
(a) If the Company establishes the lilJe, 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 un marketability of t~le, all as insured, in a reasonably diligent manner
by any method, including litigation and the completion of any appeals therefrom,
~ shall have fully performed its obligabons with respect to thaI 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, attomeys' 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 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 interestdescribedor 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 fumished 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 therealler.
13, SUBROGATION UPON PAYMENT OR SETTlEMENT
(a) The Company's Right of Subrogation,
Whenever the Company shall have setIled 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 perm~ 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 I~igation involving these rights or remedies,
If a payment on account 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 this policy which shall
exceed the amount. ~ any, lost to the Company by reason of the impairment
by the insured claimant of the Company's righ! of subrogation,
(b) The Company's Rights Against Non-insured Obligors,
The Company's right of subrogation against non-insured obligors shall exist
and shall include, without limitation, the rights of the insured to indemnities.
guaranties, other policies of insurance or bonds, notwithstanding any terms or
conditions contained in those instruments which provide for subrogation rights
by reason of this policy,
14, ARBITRATION
(This paragraph was modified for Florida policies.)
Unless prohibited by applicable law, arbitration pursuant 10 the Title Insurance
Arbitration Rules of the American Arbitration Association may be demanded if
agreed 10 by both Company and the insured, Arbitrable matters may include.
but are not limited 10, any controversy or claim between Company and the insured
arising out of or relating 10 this policy. and service of Company in connection
with its issuance or the breach of a policy provision or other obligation, Arbitration
pursuant 10 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
-,
'QSOQ-09l (L0171 :9u04d9191 'LOaE llP!JOI:l 'NJeqi9SS1l:)
'pJll^9Inoa UllJOWes ISll3 E6t> III AUlldwo:) 941 01 pe5S9Jppll eq lI11llS pull
AO!lod S!41 jO Jeqwnu 941 9pnpU! 1I114S Auedwo:) 91lt pe4s!wnl eq 01 peJ!nbeJ
6U!P'JM U! IU9W91lllS AUll pUll Auedwo:) 941 U9^!6 eq ~ peJ!nb9J S90!lOU IIV
IN3S 3~3HM 'S3:>IJ.ON 'L~
109119 pUll 90JOJ 11"1 U! U!IlW9J 1I114s SUO!S!^OJd J9~
1111 pUll UO!S!^OJd Illllt 9pn10U! ~ IOu p9W99p eq 11'84s AO!lod 941 'Mill 91qllO!ldde
J9pUn 91Qll90JOJU9Un JO P!I'8^U! PI94 S! AO!lod 941 jO UO!S!^OJd AUll IU9^9 91lt UI
A.LI1IBW3A3S '9~
'AUlldwo:) 941 jO AJ~IlU6!S peZ!J04l"1l
JO J90!110 6U!lllP!lll^ JO 'AJei9J09S IUlllS!SS\f ue 'AJ'Ilt9J09S 941 'lUep!S9Jd 90!^
II 'lU9P!S9Jd 941 J941!9 AQ peu6!S ~9J94 P940llll11 JO U09J9\l pes.xlpU9 6u!l!JM II
AQ !d90X9 9pllW eq UllO AO!lod S!41 ~ lU9W9SJOPU9 JO jO jU9Wpuewe ON (01
'AO!lod S!41 ~ P9lO!.QS9J eq 1I114s 'W!IlP 40ns 6U!1.I9SSll UO!101l AUll AQ JO
AqaJ94 peJ9I\OO lS9J9lU! JO 9llllS9 91lt 01 9ml 941 jO SOllllS 941 jO ,"0 S9S!Jll 40!4M
pull '90us6!I6eu UO peseq IOU JO J94194M '9611WllP JO SSOI jO W!IlP Auv (ql
'9104M
II Sll pen.qsUOO eq 11'84S AO!lod S!1lt 'AO!lod S!1lt jO UO!S!^OJd AUll 6U~9JdJ9lU! UI
'AUlldwO:) 941 pue peJnsU! 941 U99Mj9q 101l.qUOO pUll AO!lod 9J!lU9 941 S! AUlldwO:)
91lt Aq 019J94 P940llllll 'Aue II 'SjU9W9SJopU9 1111 4l!M J9419lloi AO!lod 5141 (Ill
l::MUNOO 3HUN3 A:>110d ~AOI'Od SIHl 01 CI31IWI1 A.LI'IBYI1 'S~
'jS9Ilb9J uodn AuedwO:) 941 WOJj peU!lllQO eq AllW S91nij 941 jO Adoo V
'S91nij UO!lllJl!QJV 90u~unSUI
9ml 941 J9pUn lJO!l8Jl!QJll Ull ~ Alddll 1I114S PUlll 941 jO SIll!S 91lt 10 Mill 941
109J61R UOfI:Jlp$.un( 6uV1f111 Jlnoo ,{ue UI fJ6J9IUS eq ,{f1W (s)Jolf1JP.CP'tf 9l/I ,{q
p9JspuSJ preMf1 SIR uodn jUsw6pnr 'Aped 6u!I!f1Io9Jd f1 OJ S991 ,sASUJOllf1 fJJf1Mf1
OJ Jlnoo f1 l!UJ.J8d p91f100f sl pur1/ sIR IlO/1I"" uI 91lllS SIR JO 5Mf1/ 91R P. ,{/uo S99J
,sASUJOllf1 epn/OIJI ,ff1W preMf1 Sill 'S9!l.1ed SIR uodn 6uIPuIQ eq flf111S ,{OlfOd JO
03nNLLNO:> . SNOI.1y,ndl.1S ONY SNOI.110NO:>