MOUNT CARMEL COMMUNITY DEVELOPMENT CORPORATION OF CLEARWATER, INCORPORATED
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CONTRACT FOR SALE OF REAL PROPERTY
BY
THE CITY OF CLEARWATER, FLORIDA
PARTIES: The CITY OF CLEARWATER, FLORIDA, a Municipal Corporation of the State of Florida (herein
"Seller" or "City"), P. O. Box 4748, Clearwater, Florida 33758-4748, and MT. CARMEL COMMUNITY
DEVELOPMENT CORPORATION OF CLEARWATER, INC., a Florida nonprofit corporation (herein "Buyer"),
1014 Pennsylvania Avenue, Clearwater, FI. 33755, (collectively "Parties"), hereby agree that the Seller shall sell
and Buyer shall buy the following real property ("Real Property") and personal property, if any ("Personalty")
(collectively "Property") upon the following terms and conditions.
THE "EFFECTIVE DATE" OF THIS CONTRACT IS THE DATE OF EXECUTION BY
DULY AUTHORIZED CITY OFFICIALS. TIME IS OF THE ESSENCE IN THIS
CONTRACT.
Time periods of 5 days or less shall be computed without including Saturday,
Sunday, or national legal holidays and any time period ending on a Saturday,
Sunday or national legal holiday shall be extended until 5:00 P.M. of the next
business day.
1. PROPFRTV DESCRIPTION /O~~q~/.Y-33fq?-OOO ~OC7D
LEGAL DESCRIPTION: GREENWOOD MANOR, South % of Lot 6 and all of Lot 7, as recorded
in Plat Book 21, Page 65, public records of Pinellas County, Florida
STREET ADDRESS: 1015 LaSalle Street, Clearwater, Fl. 33755
PERSONALTY: NONE (vacant property)
2. FULL PURCHASF PRICF ................................... .......... ... .................................................$ 18,000.00
3. MANNER OF PAYMENT
Purchase price to be paid at closing in U.S. funds, cash, certified or
cashier's check, subject to adjustments and prorations........................................................$ 18,000.00
4. TIME FOR ACCEPTANCE
Following execution of this contract by Buyer, the price, terms and conditions as contained herein shall remain
unchanged and be held unconditionally open for a period of 45 days following delivery in duplicate original to Earl
Barrett, Real Estate Services Manager of the City of Clearwater for acceptance and approval 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 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.
5. IlILE
Seller shall convey marketable title to the Property by SPECIAL WARRANTY DEED, subject only to matters
contained in Paragraph 7 and those otherwise accepted by Buyer. Otherwise title shall be free of liens and
encumbrances of record or known to Seller, but subject to property taxes for the year of closing, if any;
covenants, restrictions and public utility easements of record; and (other matters which title will be subject): blo
Other!;; provided there exists at closing no violation of the foregoing and none of them prevents Buyer's intended
use of the Property for residential purposes.
6. TITI E FVIDENCE
Buyer may, at Buyer expense and within-1JL days prior to closing date obtain a title insurance commitment
issued by a Florida licensed title insurer 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 to examine title evidence following receipt. 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.
U:\CITY SELLS\MT CARMEL COC CONT 0204.doc 1
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Seller will, if title is found unmarketable, make diligent effort to correct defect(s) in title within the time provided
therefore, including the bringing of necessary suits.
7. CERTAIN RIGHTS RESERVED
As required by Section 270.11, Florida Statutes, the Seller reserves unto itself and its successors an undivided
three-fourths (3/4) interest in, and title in and to an undivided three-fourths (3/4) interest in, all the phosphate,
minerals, and metals that are or may be in, on or under the real property described herein, and an undivided one-
half (1/2) interest in all the petroleum that is or may be in, on, or under said property with the privilege to mine
and develop the same. If the real property being conveyed hereunder is less than 20 contiguous acres, is
presently developed and/or there exists future development plans, and there is little likelihood of the presence of
any of the minerals or petroleum contemplated by Section 270 11, Florida Statutes, in all such instances the City
expressly releases the above described rights
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.
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 PinellasCounty, Florida, on or before 30 day~ following 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 --3D-days
without effect upon any other term, covenant or condition contained in this contract.
10. CLOSING DOCUMENTS
Seller shall furnish deed, owner lien affidavit, and corrective instruments as applicable to this transaction. Buyer
shall furnish closing statement.
11. ClOSING EXPENSES
Recordation of the deed and Documentary stamps on the deed, unless this transaction is exempt under
Chapter 201.24, Florida Statutes, shall be paid by the Buyer. Seller shall pay the costs of recording any
corrective instruments.
12. PRORATIONS; CREDITS
If there should exist any taxes, assessments, rent and other revenue specific to the Property, all of such
expenses and revenue shall be prorated through the day before closing. If the amount of taxes and assessments
for the current year cannot be ascertained, rates for the previous year shall be used with due allowance being
made for improvements and exemptions. Assessments for any improvements that are substantially complete at
time of closing shall be paid in full by Seller.
13. PROPERTY CONDITION
Seller shall deliver the Property to Buyer at time of closing in its present "as is" condition, ordinary wear and
tear excepted, and shall maintain the grounds in a comparable condition. Seller makes no warranties other than
as disclosed herein in Paragraph 15 ("SELLER WARRANTIES") and marketability of title.
14. SELLER HELD HARMLESS
Buyer agrees to indemnify and hold harmless the Seller without limitation from any losses, damages, costs,
including attorney's fees, claims of injury to or death of any person(s), any damage to property of Buyer, or the
Property, and from and against any and every liability to any person arising from Buyer conduct of survey and
related work performed pursuant to Paragraph 9 above.
15. 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: NONE KNOWN.
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16. PROCEEDS OF SALF; 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.
17. DEFAULT
If Buyer fails to perform this contract within the time specified, Seller, at Seller option, may proceed in equity to
enforce Seller's rights under this contract. If, for any reason other than failure of Seller to make Seller's title
marketable after diligent effort, Seller fails, neglects or refuses to perform this contract, the Buyer may seek
specific performance or elect to receive the return of Buyer deposit(s), if any, without thereby waiving any action
for damages resulting from Seller's breach.
18. RADON GAS NOTIFICATION
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 RFCORDABLE; 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 ROUND
This contract is nm 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. NO BROKER
Seller and Buyer represent and agree they have dealt with no Broker or finder in connection with the
transactions contemplated hereby. Seller and Buyer further agree to indemnify the other from any damage,
liability or expense either may suffer as a result of any claim of a Broker or finder with whom it is determined that
the other party has dealt with in contravention of this agreement; except, however, that total City obligations
under this provision shall be subject to the limits and restrictions of the Florida sovereign immunity statute, F.S.
768.28.
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24. TYPEWRITTEN OR HANDWRITTEN PROVISIONS
Typewritten or handwritten provisions shall control all printed provisions of contract in conflict with them.
25. 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.
26. 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.
27. 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.
28. SPECIAL CLAUSES
Buyer covenants and affirms to Seller that Buyer meets all of the Special Bid Requirements appended hereto
as EXHIBIT "A", same having been attached to and a part of Advertisement For Bid 08-04, and shall fully comply
with all of its post-closing requirements. Seller acknowledges that it is in receipt of and has reviewed and
accepted Buyer's organizational and financial records as meeting the threshold criteria and that Buyer's response
to Invitation For Bid No. 08-04 complies with all provisions contained therein.
29. MERGER BY DEED
All covenants, warranties, and representations contained herein shall merge with the deed at time of closing,
except as specifically excluded elsewhere in this agreement. Upon delivery of deed by the City, and acceptance
thereof by Buyer, the Buyer shall hold the City forever harmless thereafter.
30. 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 condition 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.
THIS IS INTENDED TO BE A LEGALLY BINDING CONTRACT. IF NOT FULLY UNDERSTOOD,
SEEK THE ADVICE OF AN APPROPRIATE PROFESSIONAL FOR LEGAL, TAX, ENVIRONMENTAL
AND OTHER SPECIALIZED ADVICE PRIOR TO SIGNING.
Date:
j~"
/
, 2004
MT. CARMEL COMMUNITY DEVELOPMENT
CORPORATION OF CLEARWATER, INC.
,hI. ~
Valerie Mathew , Secretary
By: 1l~ ( tP
, Maurice E. Mickens, President
Attest:
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City Signatories: Sale & Purchase Contract
RE: GREENWOOD MANOR, S Y:z of Lot 6
and all of Lot 7
Buyer: Mt. Carmel CDC of Clearwater, Inc.
APPROVED AND ACCEPTED THIS d.IPdayof 9.h1Z ,2004.
Countersigned: CITY OF CLEARWATER, FLORIDA
By: ~;J1b.-- ~. i/,.~-r
William B. Horne, II, City Manager
Approved as to form: ATTEST:
~
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fV Cyn ia --:- Goudeau: City Clerk - -
Laura Lipowski, Assistant City Attorney
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EXHIBIT "A"
SPECIAL BID REQUIREMENTS
"Greenwood Manor Lot Sales - Declaration of Surplus Property"
1. Developer must be a Florida non-profit corporation in good
standing with the State and specializing in housing and
community development.
2. Developer must plan to develop the property for elderly
rental housing.
3. Development team must have the ability to screen potential
rental tenants to ensure they are eligible for state and
federal assistance in the event that the developer will use
such funding.
4. Developer must be prepared to begin construction no later
than July 1, 2004, and in the event that State and Federal
funds are used in the project, should complete the project
not later than December 31, 2005.
,
A.
U. S. DEPARTMENT OF HOUSINGAND URBAN DEVELOPMENT
SETTLEMENT STATEMENT
B.
TYPE OF LOAN
America Title, LLC
1248 Seven Springs Blvd., Suite C
New Port Richey, Florida 34655
727-376-8290 fax: 727-372-2942
I. 0 FHA 2. 0 FMHA 3. 0 CONV. UNINS.
4. OVA S. OCONV. INS.
6. File Number;
7. Loan Number;
A040596
8. Mongage Ins. Case No.:
C. NOTE: This form is furnished to give you a statement of actual settlement costs. Amounts paid to and by the settlement agent are shown. Items marked
(p.o.c.) were paid outside the closing. They are shown here for informational purposes and are not included in the totals.
-------- Mt. Carmel Community Development Corporationof Clearwater, Inc.
D. Borrower: 1014 Pennsylvania Ave.
Clearwater, Fl. 33755 ~_________
City of Clearwater, Florida a Municipal Corporation of the State of Florida and Susie Ellis and Bessie
Edwards and Lula May Williams
112 S. Osceola Ave.
Clearwater, Fl. 33756
E. Seller:
F. Lender:
G. Property:
H. Settlement Agent:
Place of Settlement:
I. Settlement Date:
1015 LaSalle St.
Clearwater, Pinellas County, Florida 33755
America Title, LLC
1248 Seven Springs Blvd., Suite C, New Port Richey, Florida 34655 Pasco County
August 20, 2004
----.
J. Summary of Borrower's Transaction K. Summary of Seller's Transaction
100. Gross Amount Due From Borrower: 400. Gross Amount Due To Seller:
101. Contract Sales Price 18,000.00 401. Contract Sales Price
102. Pe~sonal Property 402. Personal Property -._--
103. Settlement Charges to Borr~~er (line 1400) 464.50 403.
Adjustments for Items Paid by Seller in Advance: Adjustments for Items Paid by Seller in Advan
106. City / Town Taxes 406. City / Town Taxes
107. County / Parish Taxes 407. County / Parish Taxes
108.. Assessments 408. Assessments ~_.-
120. Gross Amount Due from Borrower: 18,464.50 420. Gross Amount Due to Seller: --.--
--,-.--.
200. Amounts Paid by or in Behalf of Borrower: 500. Reductions in Amount Due to Seller:
201. Deposit / Earnest Money 501. Excess Deposit (~e instructions)
202. Principal Amount of New Loan 502. Settlement Charges to Seller (Line 1400)
203...:.....Exis!ing Loan(s) 503. Existing Loan(s) "--'---.
204. 504. Payoff of First Mortgage to ----"--
205. 505. Payoff of Second Mortgage to -~-"-----..-.
206. 506. Purchase Money Mortgage to
Adjustments for Items Unpaid by Seller: Adjustments for Items Unpaid by Seller: -----..
--- _on-
210. City / Town Taxes 510. City / Town Taxes
211. County / Parish Taxes 511. County / Parish Taxes __m
212. Assessments 512. Assessments ------
220. Total Paid by / for Borrower: 0.00 520. Total Reductions in Amount Due
Seller:
--
300. Cash at Settlement from / to Borrower: 600. Cash at Settlement to / from Seller: ----~----
Gross Amount due from Borrower (line
___}_~,Q9_Q.00_
ce:
__1 ~,~~~~_~O
0.00
301. 120)
Less Amount Paid by/for Borrower (line
302. 220)
18,464.50! 601. Gross Amount due to Seller (hne 420)
Less Reductions Amount due Seller (line
0.00 602. 520)
18,000.00
0.00
303. Cash From Borrower:
$18,464.50 603. Cash To Seller:
$18,000.00
~
HUD-1 April 2003
August 18, 2004 I :07 PM
OMB No. 2502-0265
RESPA handbook 4305.2
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S~ttlement Date:August 20,2004
File Number: A040596
L. Settlement Charges
---
700. Total Sales / Broker's Commission: Paid from
Based on Price $18,000.00 Borrower's
Division of Commission as follows Funds
701. at
702. Settlement
703. Commission Paid at Settlement
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 Application Fee
807. Assumption Fee
808. Tax Service -~._,._-
809. Flood Certification f--------
810. Document Preparation Fee
811. Processing Fee _u____
812. Underwriting Fee ---.---
900. Items Required by Lender to be Paid in Advance: _.__n___
901. Interest from Aug 20,2004 @ 0.0000 / day --
902. Mortgage Insurance Premium ---..-
903. Hazard Insurance Premium
904. Flood Insurance Premium ---- ------
1000. Reserves Deposited with Lender: ---------..--..
1001. Hazard Insurance
__n.__.______.
1002. Mortgage Insurance -.-....
1003. City Property Taxes
1004. County Property Taxes ~_._-_.
1005. Annual Assessments --- ----- "-_.
--- .n...<____
- 1100. Title Charees: -.-----
1101. Settlement or Closing Fee to America Title, LLC - 50.00
- 11 02. Ab~tract or Title Search to First American Title Insurance Company ---
75.00
--
1103. Title Examination to America Title, LLC 75.00
1104. Title Insurance Binder --
1105. Courier/Shipping Fees -----
1106. Wiring Fee ~---
1107. Release inc. admin services ..-.--.-..--
(includes above item numbers: ---~_._----,-
1108. Title Insurance to America Title, LLC 103.50
(includes above item numbers:
1109. Lender's Coverage 0.00 Risk Premium 0.00
1110. Owner's Coverage 18,000.00 Risk Premium 103.50
1111. FI. Form 9 Endorsement ---'- "--------.--.
1112. Alta 8.1 Endorsement _~.__. _n___
1113. Scanning/Warehouse Fee to First American Title Insurance Company --- --~.-
25.00
1114. ----.---,--<.-
1115. --
1116. .--- -----------,"
1200. Government Recording and Transfer Charges: --_.--
1201. Recording Fees: Deed 10.00 Mortgage 0.00 Releases 0.00 10.00
1202. City/County Deed 0.00 Mortgage 0.00
tax/stamps:
1203. State tax/stamps: Deed 126.00 Mortgage 0.00 126.00
1204. Intangible Tax to Clerk ofthe Circuit Court + -.....
1205. .--.-------.
------ ---.-.
1300. Additional Settlement Charges: . ------_.-...
1301. Survey
1302. Pest Inspection --- __m..__..
1303. Courier Fee ..--.----
1304. Wiring Fee __"_'~___nu
-- -.--"-
1400. Total Settlement Charges (Enter on line 103, Section J and line 502, Section K) $464.50
.---.- -
- -.----.---,-.-.
Paid from
Seller's
Funds
at
Settlement
$0.00
HUD-l April 2003
August 18, 2004 I :07 PM
OMB No. 2502-0265
RESPA handbook 4305.2
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Seltlement Date:August 20,2004
File Number: A040596
A. U. S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
SETTLEMENT STATEMENT
America Title, LLC
1248 Seven Springs Blvd., Suite C
New Port Richey, Florida 34655
727-376-8290 fax: 727-372-2942
I have carefully reviewed the HUD-I 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 me in this transaction. I further certifY that I have received a copy ofHUD-1 Settlement Statement.
Seller:
tionof Clearwater,
City ofClea
The HUD-I Settlement Statement which I have prepared is a true and accurate account of this transaction. I have caused or will cause the funds to be disbursed
in accordance with this statement.
Settlement Agent:
Date: August 20, 2004
File No.: A040596
Janet M. Walsh
WARNING: 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 see: Title 18 U.S. Code Section 1001 and Section 1010.
HUD-l April 2003
August 18, 2004 I :07 PM
OMB No. 2502-0265
RESPA handbook 4305.2