TBI HOLDINGS LLC (3)Pineywoods Title, LLC
100 North Tampa Street Suite 2305
Tampa, Florida 33602
Phone: (813)225 -1890
Fax: (888)502 -5660
galderman@pineywoodsfl.com
06/18/2015
City of Clearwater
Attn: Charles Lane
P.O. Box 4748
Clearwater, FL 33758 -4748
Re: Property Address: 3198 Gulf to Bay Blvd., Clearwater, Florida 33759
Dear City of Clearwater, Florida, a municipal corporation of the State of Florida,
Enclosed you will find your orginal Warranty Deed that has been electronically filed in the public
records, together with your final owner's title insurance policy.
We enjoyed being of service to you, and we invite you to call us if you have any questions
concerning this transaction.
Very truly yours,
Pineywoods Title, LLC
Gary R Alderman II
File No.: 15 -PWT -149
t,. A M E 4,C
�� Lam'i
First American Title'
Owner's Policy of Title Insurance
(with Florida modifications)
ISS U' ED BY
First American Title Insurance Company
Owner's Policy
POLICY NUMBER
5011412- 0273125e
Any notice of claim and any other notice or statement in writing required to be given to the Company under this policy must be given to
the Company at the address shown in Section 18 of the Conditions.
COVERED RISKS
SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B, AND THE
CONDITIONS, FIRST AMERICAN TITLE INSURANCE COMPANY, a Nebraska corporation (the "Company ") insures, as of Date of Policy against
loss or damage, not exceeding the Amount of Insurance, sustained or incurred by the Insured by reason of:
1. Title being vested other than as stated in Schedule A.
2. Any defect in or lien or encumbrance on the Title. This Covered Risk includes but is not limited to insurance against loss from
(a) A defect in the Title caused by
(i) forgery, fraud, undue influence, duress, incompetency, incapacity, or impersonation;
(ii) failure of any person or Entity to have authorized a transfer or conveyance;
(iii) a document affecting Title not properly created, executed, witnessed, sealed, acknowledged, notarized, or delivered;
(iv) failure to perform those acts necessary to create a document by electronic means authorized by law;
(v) a document executed under a falsified, expired, or otherwise invalid power of attorney;
(vi) a document not properly filed, recorded, or indexed in the Public Records including failure to perform those acts by electronic means
authorized by law; or
(vii) a defective judicial or administrative proceeding.
(b) The lien of real estate taxes or assessments imposed on the Title by a governmental authority due or payable, but unpaid.
(c) Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate
and complete land survey of the Land. The term "encroachment" includes encroachments of existing improvements located on the Land
onto adjoining land, and encroachments onto the Land of existing improvements located on adjoining land.
3. Unmarketable Title.
4. No right of access to and from the Land.
(Covered Risks Continued on Page 2)
In Witness Whereof, First American Title Insurance Company has caused its corporate name to be hereunto affixed by its authorized officers as of
Date of Policy shown in Schedule A.
First American Title Insurance Company
Dennis J. Gilmore
President
Jeffrey S. Robinson
Secretary
(This Policy is valid only when Schedules A and B are attached)
For Reference:
File #: 15 -PWT -149
Issued By:
Pineywoods Title, LLC
100 North Tampa Street, Suite 2305
Tampa, FL 33602
This jacket was created electronically and constitutes an original document
Copyright 2006 -2009 American Land Title Association. All rights reserved. The use of this form is restricted to ALTA licensees and ALTA members in good standing as of the date of use.
All other uses are prohibited. Reprinted under license from the American Land Title Association.
Form 5011412 (7-1-14)
Page 1 of 5 ALTA Owner's Policy of Title Insurance (6- 17 -06) (with Florida modifications)
,i- •.,r..
, .106.
Tie d
First American - -C
Owner's Policy of Title Insurance
ISSUED BY
First American Title Insurance Company
Schedule A
POLICY NUMBER
5011412 - 0273125E
Name and Address of Title Insurance Company:
FIRST AMERICAN TITLE INSURANCE COMPANY, 1 First American Way, Santa Ma, California 92707
File No.: 15 -PWT -149
Address Reference: 3198 Gulf to Bay Blvd., Clearwater, Florida 33759
Amount of Insurance: $270,000.00 Premium: $1,425.00
Date of Policy: May 22, 2015 at 03:56 PM
1. Name of Insured: City of Clearwater, Florida, a municipal corporation of the State of Florida
2. The estate or interest in the Land that is insured by this policy is: Fee Simple
3. Title to the estate or interest in the land is vested in the insured by:
Warranty deed executed by TBI Holdings, LLC, a Pennsylvania limited liability company to City of Clearwater,
Florida, a municipal corporation of the State of Florida dated May 21, 2015, and filed May 22, 2015 in Official
Records Book 18791, Page 111, of the Public Records of Pinellas County, Florida, conveying said property
described herein.
4. The Land referred to in this policy is described as follows:
COMMENCING AT A POINT 50.0 FEET NORTH OF THE SOUTHEAST CORNER OF GOVERNMENT LOT 2,
SECTION 16, TOWNSHIP 29 SOUTH, RANGE 16 EAST, PINELLAS COUNTY, FLORIDA; RUN NORTH 0 °37'03"
EAST ALONG THE NORTH - SOUTH CENTERLINE OF SAID SECTION 16, 32.49 FEET TO A POINT OF
BEGINNING; SAID P.O.B. BEING 50.0 FEET NORTH OF THE ORIGINAL CENTERLINE OF STATE ROAD 60.
FROM SAID P.O.B PROCEED NORTH 0 °37'03" EAST ALONG SAID NORTH - SOUTH CENTERLINE 122.52
FEET; THENCE NORTH 89 °27'56" WEST 54.83 FEET TO A POINT ON A CURVE BEING THE EASTERLY RIGHT
OF WAY OF BAYSHORE BOULEVARD; THENCE FOLLOWING SAID EASTERLY RIGHT OF WAY CURVE TO
THE RIGHT, HAVING A RADIUS OF 569.71 FEET, A CHORD BEARING OF SOUTH 41 °34'12" WEST, A CHORD
DISTANCE OF 111.97 FEET, THROUGH AN ARC DISTANCE OF 112.15 FEET; THENCE SOUTH 30 °03'37" EAST,
STILL ALONG SAID RIGHT OF WAY 45.48 FEET TO AN INTERSECTION WITH A LINE BEING 50.0 FEET
NORTH OF THE ORIGINAL CENTERLINE OF STATE ROAD NO. 60, THENCE SOUTH 89 °56'23" EAST ALONG
SAID LINE 105.0 FEET TO THE POINT OF BEGINNING.
Pineywoods Title, LLC
100 North Tampa Street Suite 2305
Tampa, Florida 33602
By:
Auth
(This Sch
Countersignature
e A valid only when Schedule B is attached)
IForm 5011412- SCH (2 -1 -11)
Page 1 of 2 I ALTA Owner's Policy of Title Insurance (6- 17 -06) (with Florida modifications)
File No.: 15 -PWT -149 Policy No.: 5011412 - 0273125E
Schedule B
EXCEPTIONS FROM COVERAGE
This policy does not insure against loss or damage and the Company will not pay costs, attorneys' fees, or expenses that
arise by reason of:
1. Any rights, interests, or claims of parties in possession of the land not shown by the public records.
2. Any encroachment, encumbrance, violation, variation or adverse circumstance affecting the Title that would be
disclosed by an accurate and complete land survey of the land.
3. Any lien for services, labor, or materials in connection with improvements, repairs or renovations provided before, on,
or after Date of Policy, not shown by the public records.
4. Any dispute as to the boundaries caused by a change in the location of any water body within or adjacent to the land
prior to Date of Policy, and any adverse claim to all or part of the land that is, at Date of Policy, or was previously,
under water.
5. Taxes or special assessments not shown as liens in the public records or in the records of the local tax collecting
authority, at Date of Policy.
6. Any minerals or mineral rights leased, granted or retained by prior owners.
7. Taxes and assessments for the year 2015 and subsequent years.
NOTE: Exception(s) numbered 1, 3, 4, 5 and 6 above is /are hereby deleted.
8. Easement for cross - access created by Easement Agreement recorded in Official Records Book 18071, Page 1635.
9. Terms and conditions of any existing unrecorded lease(s), and all rights of lessee(s) and any parties claiming through
the lessee(s) under the lease(s).
Form 5011412 -SCH (2 -1 -11)
Page 2 of 2 I ALTA Owner's Policy of Title Insurance (6- 17 -06) (with Florida modifications)
Policy # : 5011412- 0273125e
COVERED RISKS (Continued)
5. The violation or enforcement of any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting,
regulating, prohibiting, or relating to
(a) the occupancy, use, or enjoyment of the Land;
(b) the character, dimensions, or location of any improvement erected on the Land;
(c) the subdivision of land; or
(d) environmental protection
if a notice, describing any part of the Land, is recorded in the Public Records setting forth the violation or intention to enforce, but only to the
extent of the violation or enforcement referred to in that notice.
6. An enforcement action based on the exercise of a governmental police power not covered by Covered Risk 5 if a notice of the enforcement
action, describing any part of the Land, is recorded in the Public Records, but only to the extent of the enforcement referred to in that notice.
7. The exercise of the rights of eminent domain if a notice of the exercise, describing any part of the Land, is recorded in the Public Records.
8. Any taking by a governmental body that has occurred and is binding on the rights of a purchaser for value without Knowledge.
9. Title being vested other than as stated in Schedule A or being defective
(a) as a result of the avoidance in whole or in part, or from a court order providing an alternative remedy, of a transfer of all or any part of the title
to or any interest in the Land occurring prior to the transaction vesting Title as shown in Schedule A because that prior transfer constituted a
fraudulent or preferential transfer under federal bankruptcy, state insolvency, or similar creditors' rights laws; or
(b) because the instrument of transfer vesting Title as shown in Schedule A constitutes a preferential transfer under federal bankruptcy, state
insolvency, or similar creditors' rights laws by reason of the failure of its recording in the Public Records
(i) to be timely, or
(ii) to impart notice of its existence to a purchaser for value or to a judgment or lien creditor.
10. Any defect in or lien or encumbrance on the Title or other matter included in Covered Risks 1 through 9 that has been created or attached or has
been filed or recorded in the Public Records subsequent to Date of Policy and prior to the recording of the deed or other instrument of transfer in
the Public Records that vests Title as shown in Schedule A.
The Company will also pay the costs, attorneys' fees, and expenses incurred in defense of any matter insured against by this Policy, but only to the
extent provided in the Conditions.
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 that arise by reason of:
1. (a) Any law, ordinance, permit, or governmental regulation
(including those relating to building and zoning) restricting,
regulating, prohibiting, or relating to
(i) the occupancy, use, or enjoyment of the Land;
(ii) the character, dimensions, or location of any improvement
erected on the Land;
(iii) the subdivision of land; or
(iv) environmental protection;
or the effect of any violation of these laws, ordinances, or
governmental regulations. This Exclusion 1(a) does not modify
or limit the coverage provided under Covered Risk 5.
(b) Any governmental police power. This Exclusion 1(b) does not
modify or limit the coverage provided under Covered Risk 6.
2. Rights of eminent domain. This Exclusion does not modify or limit
the coverage provided under Covered Risk 7 or 8.
3. Defects, liens, encumbrances, adverse claims, or other matters
(a) created, suffered, assumed, or agreed to by the Insured
Claimant;
Form 5011412 (7 -1 -14) Page 2 of 5
(b) not Known to the Company, not recorded in the Public
Records at Date of Policy, but Known to the Insured
Claimant and not disclosed in writing to the Company by the
Insured Claimant prior to the date the Insured Claimant
became an Insured under this policy;
(c) resulting in no loss or damage to the Insured Claimant;
(d) attaching or created subsequent to Date of Policy; or
(e) resulting in loss or damage that would not have been
sustained if the Insured Claimant had paid value for the
Title.
4. Any claim, by reason of the operation of federal bankruptcy, state
insolvency, or similar creditors' rights laws, that the transaction
vesting the Title as shown in Schedule A, is
(a) a fraudulent conveyance or fraudulent transfer; or
(b) a preferential transfer for any reason not stated in Covered
Risk 9 of this policy.
5. Any lien on the Title for real estate taxes or assessments
imposed by governmental authority and created or attaching
between Date of Policy and the date of recording of the deed or
other instrument of transfer in the Public Records that vests Title
as shown in Schedule A.
ALTA Owner's Policy of Title Insurance (6- 17 -06) (with Florida modifications)
Policy # : 5011412 -0273125e
CONDITIONS
1. DEFINITION OF TERMS
The following terms when used in this policy mean:
(a) "Amount of Insurance ": The amount stated in Schedule A, as
may be increased or decreased by endorsement to this policy,
increased by Section 8(b), or decreased by Sections 10 and 11 of
these Conditions.
(b) "Date of Policy ": The date designated as "Date of Policy" in
Schedule A.
(c) "Entity": A corporation, partnership, trust, limited liability
company, or other similar legal entity.
(d) "Insured ": The Insured named in Schedule A.
(i) The term "Insured" also includes
(A) successors to the Title of the Insured by operation of
law as distinguished from purchase, including heirs,
devisees, survivors, personal representatives, or next
of kin;
(B) successors to an Insured by dissolution, merger,
consolidation, distribution, or reorganization;
(C) successors to an Insured by its conversion to another
kind of Entity;
(D) a grantee of an Insured under a deed delivered without
payment of actual valuable consideration conveying the
Title
(1) if the stock, shares, memberships, or other equity
interests of the grantee are wholly -owned by the
named Insured,
if the grantee wholly owns the named Insured,
if the grantee is wholly -owned by an affiliated
Entity of the named Insured, provided the affiliated
Entity and the named Insured are both wholly -
owned by the same person or Entity, or
(4) if the grantee is a trustee or beneficiary of a trust
created by a written instrument established by the
Insured named in Schedule A for estate planning
purposes.
(ii) With regard to (A), (B), (C), and (D) reserving, however, all
rights and defenses as to any successor that the Company
would have had against any predecessor Insured.
(e) "Insured Claimant ": An Insured claiming loss or damage.
(f) "Knowledge" or "Known ": Actual knowledge, not constructive
knowledge or notice that may be imputed to an Insured by reason
of the Public Records or any other records that impart
constructive notice of matters affecting the Title.
"Land ": The land described in Schedule A, and affixed
improvements that by law constitute real property. The term
"Land" does not include any property beyond the lines of the area
described in Schedule A, nor any right, title, interest, estate, or
easement in abutting streets, roads, avenues, alleys, lanes,
ways, or waterways, but this does not modify or limit the extent
that a right of access to and from the Land is insured by this
policy.
(h) "Mortgage ": Mortgage, deed of trust, trust deed, or other security
instrument, including one evidenced by electronic means
authorized by law.
"Public Records ": Records established under state statutes at
Date of Policy for the purpose of imparting constructive notice of
matters relating to real property to purchasers for value and
without Knowledge. With respect to Covered Risk 5(d), "Public
Records" shall also include environmental protection liens filed
(2)
(3)
(g)
(i)
Form 5011412(7 -1 -14)
in the records of the clerk of the United States District Court
for the district where the Land is located.
(j) "Title ": The estate or interest described in Schedule A.
(k) "Unmarketable Title ": Title affected by an alleged or apparent
matter that would permit a prospective purchaser or lessee of
the Title or lender on the Title to be released from the
obligation to purchase, lease, or lend if there is a contractual
condition requiring the delivery of marketable title.
2. CONTINUATION OF INSURANCE
The coverage of this policy shall continue in force as of Date of
Policy in favor of an Insured, but only so long as the Insured
retains an estate or interest in the Land, or holds an obligation
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 warranties in any transfer or conveyance of the Title.
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 obligation 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 5(a) of these
Conditions, (ii) in case Knowledge shall come to an Insured
hereunder of any claim of title or interest that is adverse to the
Title, as insured, and that might cause loss or damage for which
the Company may be liable by virtue of this policy, or (iii) if the
Title, as insured, is rejected as Unmarketable Title. If the
Company is prejudiced by the failure of the Insured Claimant to
provide prompt notice, the Company's liability to the Insured
Claimant under the policy shall be reduced to the extent of the
prejudice.
4. PROOF OF LOSS
In the event the Company is unable to determine the amount of
loss or damage, the Company may, at its option, require as a
condition of payment that the Insured Claimant fumish a signed
proof of loss. The proof of loss must describe the defect, lien,
encumbrance, or other matter insured against by this policy that
constitutes the basis of loss or damage and shall state, to the
extent possible, the basis of calculating the amount of the loss or
damage.
5. DEFENSE AND PROSECUTION OF ACTIONS
(a) Upon written request by the Insured, and subject to the
options contained in Section 7 of these Conditions, 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 covered by this policy
adverse to the Insured. This obligation is limited to only
those stated causes of action alleging matters 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. It 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 that
allege matters not insured against by this policy.
(b) The Company shall have the right, in addition to the options
contained in Section 7 of these Conditions, at its own cost,
Page 3 of 5 ALTA Owner's Policy of Title Insurance (6- 17 -06) (with Florida modifications)
Policy # : 5011412- 0273125e
to institute and prosecute any action or proceeding or to do
any other act that in its opinion may be necessary or desirable
to establish the Title, 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 to the Insured. The exercise of these
rights shall not be an admission of liability or waiver of any
provision of this policy. If the Company exercises its rights
under this subsection, it must do so diligently.
(c) Whenever the Company brings an action or asserts a defense
as required or permitted by this policy, the Company may
pursue the litigation to a final determination by a court of
competent jurisdiction, and it expressly reserves the right, in its
sole discretion, to appeal any adverse judgment or order.
6. DUTY OF INSURED CLAIMANT TO COOPERATE
(a) In all cases where this policy permits or requires the Company
to prosecute or provide for the defense of any action or
proceeding and any appeals, the Insured shall secure to the
Company the right to so prosecute or provide defense in the
action or proceeding, including the right 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 securing evidence,
obtaining witnesses, prosecuting or defending the action or
proceeding, or effecting settlement, and (ii) in any other lawful
act that in the opinion of the Company may be necessary or
desirable to establish the Title or any other matter 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.
(b) The Company may reasonably require the Insured Claimant to
submit to examination under oath by any authorized
representative of the Company and to produce for
examination, inspection, and copying, at such reasonable
times and places as may be designated by the authorized
representative of the Company, all records, in whatever
medium maintained, including books, ledgers, checks,
memoranda, correspondence, reports, e- mails, disks, tapes,
and videos whether bearing a date before or after Date of
Policy, that reasonably pertain to the loss or damage. Further,
if requested by any authorized representative of the Company,
the Insured Claimant shall grant its permission, in writing, for
any authorized representative of the Company to examine,
inspect, and copy all of these records in the custody or control
of a third party that 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 any reasonably requested
information, or grant permission to secure reasonably
necessary information from third parties as required in this
subsection, unless prohibited by law or governmental
regulation, shall terminate any liability of the Company under
this policy as to that claim.
IForm 5011412 (7 -1 -14) Page 4 of 5 I
CONDITIONS (Continued)
7. 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:
(a) To Pay or Tender Payment of the Amount of Insurance.
To pay or tender payment of the Amount of Insurance under
this policy together with any costs, attorneys' fees, and
expenses incurred by the Insured Claimant that were
authorized by the Company up to the time of payment or
tender of payment and that the Company is obligated to pay.
Upon the exercise by the Company of this option, all liability
and obligations of the Company to the Insured under this
policy, other than to make the payment required in this
subsection, shall terminate, including any liability or obligation
to defend, prosecute, or continue any litigation.
(b) To Pay or Otherwise Settle With Parties Other Than the
Insured or With the Insured Claimant.
(i) To pay or otherwise settle with other parties for or in the
name of an Insured Claimant any claim insured against
under this policy. In addition, the Company will pay any
costs, attorneys' fees, and expenses incurred by the
Insured Claimant that were authorized by the Company
up to the time of payment and that the Company is
obligated to pay; or
(ii) To pay or otherwise settle with the Insured Claimant the
loss or damage provided for under this policy, together
with any costs, attorneys' fees, and expenses incurred by
the Insured Claimant that were authorized by the
Company up to the time of payment and that the
Company is obligated to pay.
Upon the exercise by the Company of either of the options
provided for in subsections (b)(i) or (ii), the Company's
obligations to the Insured under this policy for the claimed loss
or damage, other than the payments required to be made,
shall terminate, including any liability or obligation to defend,
prosecute, or continue any litigation.
8. DETERMINATION AND EXTENT OF LIABILITY
This policy is a contract of indemnity against actual monetary loss
or damage sustained or incurred by the Insured Claimant who has
suffered loss or damage by reason of matters insured against by
this policy.
(a) The extent of liability of the Company for loss or damage
under this policy shall not exceed the lesser of
(i) the Amount of Insurance; or
(ii) the difference between the value of the Title as insured
and the value of the Title subject to the risk insured against
by this policy.
(b) If the Company pursues its rights under Section 5 of these
Conditions and is unsuccessful in establishing the Title, as
insured,
(i) the Amount of Insurance shall be increased by 10 %, and
(ii) the Insured Claimant shall have the right to have the loss
or damage determined either as of the date the claim was
made by the Insured Claimant or as of the date it is settled
and paid.
In addition to the extent of liability under (a) and (b), the
Company will also pay those costs, attorneys' fees, and
expenses incurred in accordance with Sections 5 and 7 of
these Conditions.
(c)
ALTA Owner's Policy of Title Insurance (6- 17 -06) (with Florida modifications)
Policy # : 5011412 -0273125e CONDITIONS (Continued)
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
Unmarketable Title, all as insured, in a reasonably diligent
manner by any method, including litigation and the completion
of any appeals, it shall have fully performed its obligations with
respect to that matter and shall not be liable for any loss or
damage caused to the Insured.
(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, adverse to the Title, as insured.
(c) The Company shall not be liable for loss or damage to the
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
Insurance by the amount of the payment.
11. LIABILITY NONCUMULATIVE
The Amount of Insurance shall be reduced by any amount the
Company pays 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 executed by an
Insured after Date of Policy and which is a charge or lien on the
Title, and the amount so paid shall be deemed a payment to the
Insured under this policy.
12. PAYMENT OF LOSS
When liability and the extent of loss or damage have been
definitely fixed in accordance with these Conditions, the payment
shall be made within 30 days.
13. RIGHTS OF RECOVERY UPON PAYMENT OR SETTLEMENT
(a) Whenever the Company shall have settled and paid a claim
under this policy, it shall be subrogated and entitled to the
rights of the Insured Claimant in the Title and all other rights
and remedies in respect to the claim that the Insured Claimant
has against any person or property, to the extent of the
amount of any loss, costs, attorneys' fees, and expenses paid
by the Company. If requested by the Company, the Insured
Claimant shall execute documents to evidence the transfer to
the Company of these rights and remedies. 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 and remedies.
If a payment on account of a claim does not fully cover the
loss of the Insured Claimant, the Company shall defer the
exercise of its right to recover until after the Insured Claimant
shall have recovered its loss.
(b) The Company's right of subrogation includes the rights of the
Insured to indemnities, guaranties, other policies of insurance,
or bonds, notwithstanding any terms or conditions contained in
those instruments that address subrogation rights.
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 at the time of a controversy or claim. Arbitrable
Form 5011412 (7 -1 -14) Page 5 of 5
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 to it
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 that arises out of the status of the
Title or by any action asserting such claim whether or not based
on negligence shall be restricted to this policy.
(c) Any amendment of or endorsement to this policy must be in
writing and authenticated by an authorized person, or expressly
incorporated by Schedule A of this policy.
(d) Each endorsement to this policy issued at any time is made a
part of this policy and is subject to all of its terms and provisions.
Except as the endorsement expressly states, it does not (i)
modify any of the terms and provisions of the policy, (ii) modify
any prior endorsement, (iii) extend the Date of Policy, or (iv)
increase the Amount of Insurance.
16. SEVERABILITY
In the event any provision of this policy, in whole or in part, is held
invalid or unenforceable under applicable law, the policy shall be
deemed not to include that provision or such part held to be invalid,
but all other provisions shall remain in full force and effect.
17. CHOICE OF LAW; FORUM
(a) Choice of Law: The Insured acknowledges the Company has
underwritten the risks covered by this policy and determined the
premium charged therefor in reliance upon the law affecting
interests in real property and applicable to the interpretation,
rights, remedies, or enforcement of policies of title insurance of
the jurisdiction where the Land is located.
Therefore, the court or an arbitrator shall apply the law of the
jurisdiction where the Land is located to determine the validity of
claims against the Title that are adverse to the Insured and to
interpret and enforce the terms of this policy. In neither case
shall the court or arbitrator apply its conflicts of law principles to
determine the applicable law.
(b) Choice of Forum: Any litigation or other proceeding brought by
the Insured against the Company must be filed only in a state or
federal court within the United States of America or its territories
having appropriate jurisdiction.
18. NOTICES, WHERE SENT
Any notice of claim and any other notice or statement in writing
required to be given to the Company under this policy must be given
to the Company at First American Title Insurance Company, Attn:
Claims National Intake Center, 1 First American Way, Santa Ana,
California 92707. Phone: 888 - 632 -1642.
ALTA Owner's Policy of Title Insurance (6- 17 -06) (with Florida modifications)
Prepared by/Retum to:
Gary R Alderman 11
Pineywoods Title, LLC
100 North Tampa Street Suite 2305
Tampa, Florida 33602
File Number 15 -PWT -149
Consideration: $270,000.00
E-RECORDED simplifile'
ID: 2015144311
County:
Date: 51 1 -2. 20l 5 Time: 3" 5f, PIA
General Warranty Deed
Made this May 21, 2015 A.D. By TBI Holdings, LLC, a Pennsylvania limited liability company, whose post office address is: 397
Eagleview Blvd., Exton, PA 19341, hereinafter called the grantor, to City of Clearwater, Florida, a municipal corporation of the
State of Florida, whose post office address is: 112 S. Osceola Avenue, Clearwater, FL 33756, hereinafter called the grantee:
(Whenever used herein the term "grantor" and "grantee" include all the parties to this instrument and the heizs, 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 Ten Dollars, ($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:
COMMENCING AT A POINT 50.0 FEET NORTH OF THE SOUTHEAST CORNER OF GOVERNMENT LOT 2,
SECTION 16, TOWNSHIP 29 SOUTH, RANGE 16 EAST, PINELLAS COUNTY, FLORIDA; RUN NORTH 0°37'03"
EAST ALONG THE NORTH - SOUTH CENTERLINE OF SAID SECTION 16, 32.49 FEET TO A POINT OF
BEGINNING; SAID P.O.B. BEING 50.0 FEET NORTH OF THE ORIGINAL CENTERLINE OF STATE ROAD 60.
FROM SAID P.O.B PROCEED NORTH 0°37'03" EAST ALONG SAID NORTH - SOUTH CENTERLINE 122.52 FEET;
THENCE NORTH 89°27'56" WEST 54.83 FEET TO A POINT ON A CURVE BEING THE EASTERLY RIGHT OF
WAY OF BAYSHORE BOULEVARD; THENCE FOLLOWING SAID EASTERLY RIGHT OF WAY CURVE TO THE
RIGHT, HAVING A RADIUS OF 569.71 FEET, A CHORD BEARING OF SOUTH 41°34'12" WEST, A CHORD
DISTANCE OF 111.97 FEET, THROUGH AN ARC DISTANCE OF 112.15 FEET; THENCE SOUTH 30°03'37" EAST,
STILL ALONG SAID RIGHT OF WAY 45.48 FEET TO AN INTERSECTION WITH A LINE BEING 50.0 FEET
NORTH OF THE ORIGINAL CENTERLINE OF STATE ROAD NO. 60, THENCE SOUTH 89°56'23" EAST ALONG
SAID LINE 105.0 FEET TO THE POINT OF BEGINNING.
Parcel ID Number: 16- 29 -16- 00000 - 240-0810
Together with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining.
To Have and to Hold, the same in fee simple forever.
And the grantor hereby covenants with said grantee that the grantor is lawfully seized of said land in fee simple; that the grantor has
good right and lawful authority to sell and convey said land; that the grantor hereby fully warrants the title to said land and will defend the
same against the lawful claims of all persons whomsoever; and that said land is free of all encumbrances except taxes accruing subsequent
to December 31, 2014.
Prepared by/Retum to:
Gary R Alderatan II
Pineywoods Title, LLC
100 North Tampa Street Suite 2305
Tampa, Florida 33602
File Number. 15 -PWT -149
Consideration: $270,000.00
In Witness Whereof, the said grantor has signed and sealed these presents the day and year first above written.
Signed, sealed and delivered in our presence:
TBI Holdings, LLC, a Pe
any
_ (Seal)
Witness Prin
Iu, I
Witness Printed Name 7146" 1 L• ' I “' l 4
eview Blvd., Exton, PA 19
State of 1? h r ) yi U 0.61
County of C. h 2 S +2 r
The foregoing instrument was acknowledged before me this day of May, 2015, by Michael Blackstone, as Member of TBI
Holdings, LLC, a Pennsylvania limited liability company, who is/are personally known to me or who has produced
as identification.
DEED General Warranty Deed from LLC
Notary Public —S 1.1 rti 0. Yl L , /4 (.l 1-1--
PrintName: �
My Commission Expires: /
(Seal)
COMMONWEALTH OF PENNSYLVANIA
NOTARIAL SEAL
Juanita L Hultz, Notary Public
Uwchlan Twp., Chester County
My Commission Expires Oct 8, 2018
ISEU ER, PENNSYLVANIA ASSOCIATION Of NOTARIES
I #: 2015146317 BK: 18791 PG: 111, 05/22/2015 at 03:56 PM, RECORDING 2 PAGES
4.8.0+ D DOC STAMP COLLECTION $1890.00 KEN BURKE, CLERK OF COURT AND
COMPTROLLER PINELLAS COUNTY, FL BY DEPUTY CLERK: CLKDM04
Prepared by/Retam to:
Gary It Alderman II
Pineywoods Title, LLC
100 North Tampa Street Suite 2305
Tampa, Florida 33602
File Number: 15 -PWT -149
Consideration: $270,000.00
General Warranty Deed
Made this May 2 ( 2015 A.D. By TBI Bolding*, LLC, a Peeoeylvania limited liability company, whose post office address is: 397
Eagleview Blvd., Exton, PA 19341, hereinafter called the grantor, to City of Clearwater, Florida, a immielpal corporation of the
State of Florida, whose post office address is: 112 S. Osceola Avenue, Clearwater, FL 33756, hereinafter called the grantee:
(Whenever used heeds the tern "grantor' and "gunge" include as the patties to this inetn®en and the lairs, legal tepresentstives and assigns of
individuals. and the successors and assigns of corporation)
Witnesseth, that the grantor, for and in consideration of the sum of Ten Dollars, ($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:
COMMENCING AT A POINT 50.0 FEET NORTH OF THE SOUTHEAST CORNER OF GOVERNMENT LOT 2,
SECTION 16, TOWNSHIP 29 SOUTH, RANGE 16 EAST, PINELLAS COUNTY, FLORIDA; RUN NORTH 0°37'03"
EAST ALONG THE NORTH - SOUTH CENTERLINE OF SAID SECTION 16, 32.49 FEET TO A POINT OF
BEGINNING; SAID P.O.A. BEING 50.0 FELT NORTH OF THE ORIGINAL CENTERLINE OF STATE ROAD 60.
FROM SAID P.O.B PROCEED NORTH 0°3T03" EAST ALONG SAID NORTH - SOUTH CENTERLINE 122.52 FEET;
THENCE NORTH 09627'56" WEST 54.83 FEET TO A POINT ON A CURVE BEING THE EASTERLY RIGHT OF
WAY OF BAYSHORE BOULEVARD; THENCE FOLLOWING SAID EASTERLY RIGHT OF WAY CURVE TO THE
RIGHT, HAVING A RADIUS OF 569.71 FEET, A CHORD BEARING OF SOUTH 41°34'12^ WEST, A CHORD
DISTANCE OF 111.97 FEET, THROUGH AN ARC DISTANCE OF 112.15 FEET; THENCE SOUTH 30°03'37" EAST,
STILL ALONG SAID RIGHT OF WAY 45.48 FEET TO AN INTERSECTION WITH A LINE BEING 50.0 FEET
NORTH OF THE ORIGINAL CENTERLINE OF STATE ROAD NO.60, THENCE SOUTH 89°56'23^ EAST ALONG
SAID LINE 105.0 FEET TO THE POINT OF BEGINNING.
Parcel ID Number: 16-29-16-00000-240-0110
Together with all the tenements, hereditamenta and appurtenances thereto belonging or in anywise appertaining.
To Have and to Hold, the same in fee simple forever.
And the grantor hereby covenants with said grantee that the grantor is lawfully seized of said land in fee simple; that the grantor has
good right and lawful authority to sell and convey said land; that the grantor hereby Hilly warrants the title to said land and will defend the
same against the lawful claims of all patrons whomsoever, and that said land isT ee of all encumbrances except taxes accruing subsequent
to December 31, 2014.
PINELLAS COUNTY FL OFF. REC. BK 18791 PG 112
.�. a
Prepared by/Return to:
Gary R Alderman II
Pineywoods Title, LLC
100 North Tampa Street Suite 2305
Tampa, Florida 33602
File Number. 15 -PWT -149
Consideration: $270,000.00
In Witness Whereof, the said grantor has signed and sealed these presents the day and year first above written.
Signed, sealed and delivered in our presence:
•
TBI Holdings, LLC, a P
(Seal)
aWr WNaessPit
.
State of �? h A'S VP-h i v...
County of
Wimess Printed None
1-10-147_
evicw Blvd., Exton, PA I
The foregoing instrument was acknowledged before me thisL day of May, 2015, by Michael Blackstone, as Member of TBI
Holdings,1.LC, a Petmsylvania limited liability company, who is/are personally known to me or who has produced
as identification.
n
Notary �k Y- o
11 /1 i '. L , N to
PrhetNausemer
My Commission Expires: / 0 / $ lie
(Seal)
COMMONWEALTH OF PENNSYLYANI
NOTARIAL SEAL
Juanita L. Rutz. Notary Public
Uwehtan Twp., Chester County
Yy Commission Expires Oct 8, 2018
NW, PENNSYLVANIA ASSOCIATION OF NOTARIES