DIMMITT CAR LEASING INC (2)
. ' J'
\.l~\) 81QCJJo
\Z. 10, tp
cD
ctl-OS8781 MAR-l0-2000 12: 48PM
plNELLAS CO 8K 10838 PO 1734
1IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIlIIIIIIIIIUm____
- .
r~ tr ";,,!
r l; ;)t ri!.
I ~'!~~~~:~~~-:---------~---,- -..--.--.-.--------,--,-...--.".
~
9C6:.308S:i ():5-10-2000
-. )
~1 DED-DIMMITT
0000000000
I~: BK:
RECDRD ING 002 PAGES
DOC STAMP - DF:21.9
SPG:
PREPARED BY AND RETURN TO:
J. PAUL RAYMOND, Esquire
Macfarlane Ferguson & McMullen
625 Court Street, Suite 200
:';{,..~-;.l...._.___ Post Office Box 1669 (33757)
,'r~l< Clearwater, Florida 33756
. ';:'.', I dO s4J
Ci~,:;, :~-,'\4-g()
TOTAL:
P CHECK AM"/'. TENDEF'ED:
CHliNGE:
BY ~'__._ DEPUTY CLmi<
FFI-S ._
f"H': .
p.'(~ m_____..~".._~
m_v___._.__
-1-(',:T/:.I-tlrQ:-.~() THIS INDENTURE made this ~ day of March, 2000, between
(tK [3,1:
G AM! :~_Yj)IMMITT CAR LEASING, INC., a corporation existing under the laws of
WARRANTY DEED
the State of Florida, having its principal place of business in the
County of Pinellas, State of Florida, Party of the First Part,
whose mailing address is 25191 U.S. Hwy. 19 N., Clearwater, FL
33763, and COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF
CLEARWATER, FLORIDA, Party of the Second Part, whose mailing
address is P.O. Box 4748, Clearwater, FL 34618.
WIT N E SSE T H:
That the said Party of the First Part, for and in considera-
tion of the sum of Ten Dollars ($10.00) to it in hand paid by the
said Party of the Second Part, the receipt whereof is hereby
acknowledged, has granted, bargained and sold to the said Party of
the Second Part, forever, the following described land, situate
lying and being in the County of Pinellas, State of Florida, to-
wit:
;' .
Lots 4, 5, 6, 7, 8, 9 and the Westerly 14 feet of Lot 13,
Block 1, MAGNOLIA PARK, according to the map or plat thereof
as recorded in Plat Book 3, page(s) 43, public records of
Pinellas County, Florida. AND
! ,...---/
Lots 1,2,3,4,5,6,7,8,11,12,13,14,15,16,17,18,19 and 20 Block
2, MAGNOLIA PARK, according to the map or plat thereof
recorded in Plat Book 3, page(s) 43, public records Of
Pinellas County, Florida.
LESS AND EXCEPT that portion of the above described lands
lying within the road of Cleveland Street within the meaning
of Florida Statutes section 95.361(1).
Subject to restrictions and reservations of record and
easements of record or otherwise.
/1~O/9-1:L
1
'..;
(3)
t ~..
, ..
1
I
..
PIN~LLAS COUNTY rLA
Orr,R~C.8K 10838 PG 1735
Parcel I.D. No. 's
15/29/15/54450/001/0040
15/29/15/54450/002/0010
15/29/15/54450/002/0130
Grantee's Tax I.D. No.
And the said Party of the First Part does hereby fully warrant the
title to said land, and will defend the same against the lawful
claims of all persons whomsoever.
IN WITNESS WHEREOF, the said Party of the First Part has
caused these presents to be signed in its name by its President,
the day and year above written.
Signed, Sealed and Delivered
in Our Presence:
DIMMITT CAR LEASING, INC.,
a Florida corporation
(CORPORATE SEAL)
I HEREBY CERTIFY that before me personally appeared Larry
H. Dimmitt, Jr. as President of DIMMITT CAR LEASING, INC., a
Florida corporation, to me personally known or who has produced
as identification and known to me to
be the persons described in and who executed the foregoing instru-
ment, and severally acknowledged the execution thereof to be his
free act and deed as such officer, for the use and purpose therein
expressed, and that he affixed thereto the official seal of said
corporation and the said instrument is the act and deed of said
corporation.
WITNESS my hand
and S.tat.e... this q
'\j LAURIE ANN STOCKWELL
Notary Public. State of FlorIda
My Comm. Expires Jan. 6, 2OCl2
No. CC702496
and official seal at Clearwater, said County
day of March,m.2QOO.c. ..
~, On JAJ=,.
N tary Publi-C--
Print Name
My Commission Expires:
H:\DATA\REL\LAS\DIMMITT\DCL\WAR-COR2
-2-
t
CLOSI:NG
~'!'ATI!<<EN~
MACFARLANE FgR~USo~ & McMULLEN
Exchangor:
Intermedia.ry:
DlMMI'Pr CAR LEASING, INC.,
~ Florida co~po~ation
R! CARLTON WARD, rntermediary un~er u/a/d 3/5
i_b.o D~mmict Car Lea~ing, In~.
PU:lfoha!;er:
COMMUNITY RIDEV~LOPMENT AGENCY
OP THE CITY OF CLEARWATER, FLORIDA
.r
Date:
Mar~h 9, 2000
DSSlcription of property:
Lot~ 4, 5. 6. 1, e, 9 ~nd th@ We~t@rly 14 fe.t of Lo~ 13. Block 1, MA8NC
occ~~din~ to the m~p or plat ther.of &9 .8c~rded in Plat Book 3, pegeCa)
records of p1nellae County, FloriOa. AND
Lota 1,2,3,4,5,6,7,8,11,12,13,14,15,16,17,18,19 and ~o Block 2, MAGNO~IA
~ccording to the m~ or plBt tnereof record~d in plat Sook 3, pagelu) 43
records of Pinellae COunty, ~loridA. ~
LSSS AND EXCBPT tnat po~tion of the above deBe~ibed lands ly~n9 Within C
Cl~vel.nd Street within the me~nin9 at Florida Statutes section 35.361(1
CREDII'l'S TO J:XCBAN~OR:
P'urChali1e Price
($7_75 x 15~,B11.51)
Leas 3~ Repai~ Allowance
Balance ~o clos&
~1/207
- 3G
STA~T TO PURCHASeR:
$1. 171. J~3 .03
$ L 171 , 313 . Q) $:1: . 1. 71
Balance to Close
R~co;z;d Deed
$l,1.7~
Total. l:'equired to eloSli
$L111~
READ MID APPROVED:
PURCHASER:
COMMUNITY REDEVELOPMENT AGENCY
OF THg CITY OF CLEARWATER, PLO~rnA
BY, ~~~
/
~!\~tA\R~~\LAS\PlMnITT\DCL\CLaa
..
ISSUED By ~
COMMO~LTH LAND TITLE INSURANCE COMPANY
OWNER'S POLlCY OF TITLE INsuRANCE
o
Commonwealth
POLlCY NUMBER
A LANDAMERICA COMPANY
A02-4-C\118b
SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEOULE BAND
THE CONDITIONS AND STIPULATIONS, COMMONWEALTH LAND TITLE 'NSURANCE COMP ANV, , p"",y'''''' "",,,""00, h~cio
mil'" ", Comp'OY, ,~"", ",010'" 01 Poli" .howo '0 S,h"'ul, A, ....0" I." 0' dam.." 00' ,,,,,dio, ,h, Amo'O' of 10,""0" "",d
in Schedule A, sustained or incurred by the insured by reason of:
I. 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.
Th' Cump'oy will ,'00 ",y ,h, '0''', "'om,,,' I~' ,od "p"''' 'o,"n'" '0 ",1,0" of ,h, lid', "' 'oM,d, b", ooly '0 ,h, ",,", pm,id'"
in the Conditions and Stipulations.
IN WITNESS WHEREOF, COMMONWEALTH LAND TITLE INSURANCE COMPANV h~ oou'"' ,,, ""po"" o,m, ,od "" '0 b,
h""uo'O ,Iii,,,, by'" d,ly ..'hml<<d oIIi",'. ,h, Poli" '" b"om' ,,'id wh,o 'ouo,~",,,,,, by '0 .."o""d om", m ,go"' of ", Cum",OY
COMMONWEALTH LAND TITLE INSURANCE COMPANY
Secretary
:\\\)\ITLE /1f'
v~ ;~\\~~: I s{~- t.r(/
~" ,.~
...., ~
.. _ C">
u.J ,.,.,
~ ~. f]
o~ (,t~SI'~~"" ~
I1iOJ . ,~~
By:
r a ~id""
Attest: / / /7 .I /J . /. /f)
W'-, (A~I~' ~
Th, folluw'o, m""" '" "p'N'y "dud,d "om ,h, '0""" ul ,hi' poli,y ,od ,h, ComP'UY will 00' p" I." m d,m"" '0''', "'0'''''''
fees or expenses which arise by reason of:
" f" Auy I,w, mdiu'o" 0' ,o"mm"'''' ".,''''00 Ilududio, b,' 0", liml"d '0 b,IId'o, ,ud wo'o, ,'w" mdio'o'''' m ",,'''Iu",' ,,,,"ctio,,
",u'''io" pmhibilio' 0' ",,,io, '0 (I, ", oc"""'" ''', m ",jOym'", of ", ',"d; (Ii, ,h' ,h""'~. dim""io"' 0' 'oc"ioo 0' ,"y Impm"-
m,", uow 0' h~"f'" ,,,,,,d ou iIi, ',"d; (Iii) , "p""lo, '0 uwomhip 0' , ,boO" io ,h' dim..,lo", 0' ,," 0' iIi, ,,"d 0' ,"y p"'" u,
wh',h ,h, ',"d " m w"' , p'''; 0' (i" ""lmom",<O' pm'~"o', 0' ,h' ,rr'd 0' ,"y ,io''''oU of ,h'" ',w', mdi"o'" 00 ,",~um"'''' "",,-
,io"" ",'p' '0'" ",,", ,h" , 0",'" 0' ,b, ",Io,,,m..' ,h~"" m , u",i" 0' , d"~" Ii.. m ,",umb"u" ,,,u"'u, "om' ,io'aiioo "'
alleged violation affecting the land has been recorded in the public records at Date of Policy.
Ib' AoY ,o"mm..'" poli" pow~ 00' "dud,d by (" ,bo'" ""p, '0'" """' ,h" , oo,i" 0' ,h, ",,,i,, ,"",,0' m , ou,i" 0" d,f,d,
Ii" m ",,"mb,,'" ,,,u'lio, fmm' ,io''''oU 0' ,II,"" ,Io,,,ioo ,rr~,lu, ", lood h.. b~o ,~md,d lu iIi, pobli' ",md, " D'" 0' Poli",
,_ Ri,h" of ,miooo, dom,io 001'" 0",'" 01 ,h, "~",, ,h~'or b.. b~o ,~o,d'" 10 iIi, pobli' """d' " D'" 0' Poli'y, bo' 0", "dodio,
'mm 'o,~..' "y "k'o, wb"h b.. o~un,d p"o' '0 D'" of Poli,y wh"h would '" b'odio, 0' iIi, ",bi, 01 , pu"h'~' '00 ","' wiiho",
knowledge.
3. Defects, liens, encumbrances, adverse claims or other matters:
(a) created, suffered, assumed or agreed to byihe insured claimant;
(b' 0", koow, iO 'h, Compooy, 0", ,~md,d '0 ", publi' ,,,md' " D." 0' Poli'y, b", koow, iO ", 'o,""d d,im'"' ood ,", di"'o,,d
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 created subsequent to Date of Policy; or
(" ","'''0' '0 'm' m d.m..' wh"h would 0", h'" b"o ,",,,'ood if iIi, 'o,""d d,lm'"' h.d p,id "'00 'm ,h, ,,"" m i","'" 'o,""d
by this policy.
4_ Aoy d.im, wh"h ,"~, 0", 0' iIi, '''o~"ioo ,,"log '0 iIi' Imu"d ,h, """ "' io""" 'mu"d by iIi" poli'y, by ,~ooo 0' iIi, oP'''''Oo
of federal bankruptcy, state insolvency, or similar creditors' rights laws, that is based on:
(" iIi, '''o~,,'oo ,,,"'0' iIi, ,,"" m io""" 'o,""d by ,Ii', policy bdog d~""d . "oodu""' ,"o"yoo" "' ....du"", ,,,"',,,; "'
(b' ,h, ",",,,hoo "",10' iIi, ,,"" "' i","'" i",u"d by iIil, pull'y bolo, d~m" , p"''''"'''' '''~,,, ,,,,p' wh'" ,h, p"'''ffi,''1 '''"''"
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 or lien creditor.
EXCLUSIONS FROM COVERAGE
ALTA Owner's Policy (10-17-92) Face Page
with Florida Modifications
Valid Only If Schedules A and B and Cover Are Attached
ORIGINAL
o
I
Commonwealth
I
A l.J.NDAMERlCA COMPANY
702022-19 JPR
Policy Number: A02-491186
File Number: 317510
SCHEDULE A
Date of Policy: MARCH 10,2000 AT 12:49 P.M.
Amount of Insurance: $1,207,539.20
Customer Reference:
1. Name of Insured
COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF CLEARWATER, FLORIDA
2. The estate or interest in the land described herein and which is covered by this
Policy is:
FEE SIMPLE
3. Title to the estate or interest in the land is vested in:
COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF CLEARWATER, FLORIDA by virtue
of Warranty Deed recorded in Official Records Book 10838, Page 1734, of the Public
Records of Pinellas County, Florida.
4. The land referred to in this policy is described as follows:
LEGAL DESCRIPTION IS ATTACHED HERETO AND MADE A PART HEREOF
MACFARLANE FERGUSON & MCMULLEN
INTERVEST BANK BUILDING
625 COURT STREET, SUITE 200
CLEARWATER, Florida 33756-
Phone: (727)441-8966x Fax:
Countersigned:
ALTA Owner's Policy 1992
This Policy is invalid unless the cover
sheet and Schedule B are attached
I
I
Exhibit "A"
Legal Description
Lots 4, 5, 6, 7, 8, 9 and the Westerly 14 feet of Lot 13,
Block J_, MAGNOLIl\ PARK, according to the map or plat thereof
as recorded in Plat Book 3, pagers) 43, public records of
Pinella.s County, Florida. AND
Lots 1,2,3,4,5,6,7,8,11,12,13,14,15,16,17,18,19 and 20 Block
2, Ml\.GNOJJIA PARK, according to the map or plat thereof
recorded in Plat Book 3, pagers) 43, public records of
Pinellas County, Florida.
LESS AND EXCF.PT that portion of the above described lands
lying within the road of Cleveland Street within the meaning
of Florida Statutes section 95.361(1).
Schedule B
I
File No.: 3175101
Policy No.: A02-491186
Customer Reference: 702022-19 JPR
SCHEDULE B
This policy does not insure against loss or damage by reason of the following exceptions:
1. Any claim that any part of said land is owned by the State of Florida by right of
sovereignty, and riparian rights, if any.
2. Rights of the public and others entitled thereto in and to the use of that portion of the
insured premises within the bounds of the 13.5 foot concrete walk as shown on survey
prepared by Cornerstone Engineering & Surveying, Inc., dated February 15, 1999,
identified as Project No. 99-32.
3. Matters disclosed by Survey prepared by Cornerstone Engineering & Surveying, Inc., dated
February 15, 1999, identified as Project No. 99-32, to-wit:
a) Building located on adjoining property encroaches into Lot 4, Block 1 of insured
premises by 0.13';
b) There are two planters attached to the "1 story masonry & metal bldg #901"
located on Lot 20, Block 2 of the insured premises which encroach onto the right of
way of Prospect Ave.
c) The planter island located on Lot 7, Block 2 of the insured premises extends into
the portion of said lot lying within the sidewalk area referred to in Item 8 above;
and
d) Seven utility cables are located over that portion of the insured lots lying within the
sidewalk area, as referred to in Item 8 above.
4. Matters occurring subsequent to February 15, 1999, date of survey prepared by
Cornerstone Engineering & Surveying, Inc., as Project No. 99-32, which a current survey
and inspection of the premises may disclose.
NOTE: All recording references herein shall refer to the Public Records of PINELLAS
County, Florida, unless otherwise noted.
END OF SCHEDULE B
ALTA Owner's Policy 1992
~
,
CONDITIONS AND STIPULATIONS
7. DETERMINATION AND EXTENT OF L1ABILj-y.
This policy is a contract of indemnity against actual monetary loss or
damage sustained or incurred by the insured claimant who has suffered
loss or damage by reason of matters insured against by this policy and
only to the extent herein described.
(a) The liability of the Company under this policy shall not exceed the
least of:
(i) the Amount of Insurance stated in Schedule A; or,
(ii) the difference between the value of the insured estate or
interest as insured and the value of the insured estate or interest subject
to the defect, lien or encumbrance insured against by this policy.
(b) The Company will pay only those costs, attorneys' fees and
expenses incurred in accordance with Section 4 of these Conditions and
Stipulations.
8. APPORTIONMENT.
If the land described in Schedule A consists of two or more parcels
which are not used as a single site, and a loss is established affecting one
or more of the parcels but not all, the loss shall be computed and settled
on a pro rata basis as if the amount of insurance under this policy was
divided pro rata as to the value on Date of Policy of each separate parcel
to the whole, exclusive of any improvements made subsequent to Date of
Policy, unless a liability or value has otherwise been agreed upon as to
each parcel by the 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 ~y 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 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 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.
ALTA Owner's Policy (10-17-92) Cover Page
with Florida Modifications
Form 1190-22
(Continued) 1
The Company shall be s rogated 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 neces-
sary 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 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, if any, lost to the Company by
reason of the impairment by the insured claimant of the Company's right
of subrogation.
(b) The Company's Rights Against Non-insured Obligors.
The Company's right of subrogation against non-insured obligors
shall exist and shall include, without limitation, the rights of the insured
to indemnities, guaranties, other policies of insurance or bonds, notwith-
standing any terms or conditions contained in those instruments which
provide for subrogation rights by reason of this policy.
14. ARBITRATION.
Unless prohibited by applicable law, arbitration pursuant to the Title
Insurance Arbitration Rules of the American Arbitration Association
may be demanded if agreed to by both the Company and the insured.
Arbitrable matters may include, but are not limited to, any controversy
or claim between the Company and the insured arising out of or relating
to this policy, any service of the Company in connection with its issuance
or the breach of a policy provision or other obligation. Arbitration
pursuant to this policy and under the Rules in effect on the date the
demand for arbitration is made or, at the option of the insured, the Rules
in effect at Date of Policy shall be binding upon the parties. The award
may include attorneys' fees only if the laws of the state in which the land
is located permit a court to award attorneys' fees to a prevailing party.
Judgment upon the award rendered by the Arbitrator(s) may be entered
in any court having jurisdiction thereof.
The law of the situs of the land shall apply to an arbitration under the
Title Insurance Arbitration Rules.
A copy of the Rules may be obtained from the Company upon request.
15. LIABILITY 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: Consumer Affairs Department,
P.O. Box 27567, Richmond, Virginia 23261-7567,
Inquires regarding policy coverage and assistance in resolving complaints,
should be directed to the Company at (407) 425-6121. Claims must be
reported in accordance with Conditions and Stipulations.
Valid Only If Face Page, Schedules A and B Are Attached
ORIGINAL