DOUGLAS M SCHROCKCONTRACT 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"), whose mailing address is P.O. Box 4748, Clearwater, FL 33758-4748, and
DOUGLAS M. SCHROCK, (herein "Buyer"), whose mailing address is 1922 Overbrook Ave. Clearwater,
Florida 33755, (collectively "Parties"), hereby agree that the Seller shall sell and Buyer shall buy the
following real property ("Property") upon the following terms and conditions.
1. PROPERTY DESCRIPTION
Real Property ID No: 03-29-15-00000-240-0400
As more particularly legally described as: That tract of land West of Lot 67, Block G of Sunset
Point Second Addition, and East of the Railroad Right -of Way, a subdivision according to the plat
thereof, recorded in Plat Book 8, Page 14, Public Records of Pinellas County, Florida.
2. FULL PURCHASE PRICE $ 6,006.00
3. MANNER OF PAYMENT: Wire in U.S. funds at time of closing.
4. PURCHASE PRICE
The full Purchase Price as shown herein has been reached through negotiations with the Buyer by City
staff. James Millspaugh and Associates, Inc. performed an appraisal of the Property on behalf of the
Seller.
5. TIME FOR ACCEPTANCE; APPROVALS
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 City Manager of the City of Clearwater for acceptance and approval, counter-offer, or rejection
by action of the Clearwater City Council ("Council"). If this agreement is accepted and approved by the
Council, 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 Council, it shall be delivered to Buyer in writing within 10
days of such action by the City Council, and Buyer shall have 10 days thereafter to deliver to Seller 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 Buyer, this contract shall thereafter be null and void in all
respects. If this contract is rejected by the Council upon initial presentation to the Council, 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 title to the Property by Quit Claim Deed. Buyer
acknowledges and agrees that upon closing, Seller shall sell and convey to Buyer and Buyer shall accept
the property "AS IS, WHERE IS, WITH ALL FAULTS", except to the extent expressly provided otherwise
in this Contract. Except as expressly set forth in this Contract, Buyer has not relied and will not rely on,
and Seller has not made and is not liable for or bound by, any express or implied warranties, guarantees,
statements, representations or information pertaining to the Property or relating thereto.
7. TITLE EVIDENCE
Buyer may, at Buyer expense within the time allotted for inspection in Paragraph 15(a), secure a title
insurance commitment (the "Title Commitment") issued by a Title Company of its choosing.
Notwithstanding the number or nature of title defects reflected in said Title Commitment, Seller shall not
be obligated to cure ANY title defects that may exist as to the Property.
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 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 177, Florida Statutes.
9. CLOSING PLACE AND DATE
Seller 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 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.
10. CLOSING DOCUMENTS
Seller 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.
11. CLOSING EXPENSES
Pursuant to Chapter 201.24, Florida Statutes, Seller is exempt from paying documentary stamps on the
deed. Buyer stamps shall pay the cost for documentary if applied to this transaction. Recordation of the
deed shall be paid by Buyer.
12. PRORATIONS; CREDITS
Taxes, assessments, rent (if any) and other revenue of the Property shall be prorated through the day
before closing. Closing agent shall collect all ad valorem taxes uncollected but due through the day prior
to closing and deliver same to the Pinellas County Tax Collector. If the amount of taxes and assessments
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for the current year cannot be ascertained, rates for the previous year shall be used with due allowance
being made for improvements and exemptions. Any deposits held by Seller in trust for third parties in
occupancy of the Property shall be credited to Buyer at time of closing.
13. OCCUPANCY
Seller warrants that there are no parties in occupancy other than the Seller, or as otherwise disclosed
herein and the Property shall not be rented or occupied beyond closing. If occupancy is to be delivered
before dosing, Buyer assumes all risk of loss to Property from date of occupancy, shall be responsible
and liable for maintenance from that date, and shall be deemed to have accepted Property in its
existing condition as of the time of taking occupancy unless otherwise stated herein or in separate
writing.
14. LEASES
Seller warrants that there are no leases encumbering the Property and Seller will not enter into a lease
for the Property during the duration of this Contract.
15. 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 landscaping and grounds in a comparable condition. Seller
makes no warranties other than is disclosed herein in Paragraph 20 ("SELLER WARRANTIES"). Buyer's
covenant to purchase the Property "as is" is more specifically represented in the following paragraph.
a. As Is With Right of Inspection: Buyer may, at Buyer expense within forty-five (45) days following
the effective date hereof ("Inspection Period"), conduct inspections, tests, environmental and any other
investigations of the Property Buyer deems necessary to determine suitability for Buyer's intended use.
Upon Seller's execution hereof, Seller shall grant reasonable access to the Property to Buyer, its agents,
contractors and assigns for the purposes of conducting the inspections provided, however, that all such
persons enter the Property and conduct the inspections and investigations at their own risk. Buyer shall
not engage in any activity that could result in a mechanics lien being filed against the Property without
Seller's prior written consent. Buyer may terminate this contract by written notice to Seller prior to
expiration of the Inspection Period if the inspections and/or investigations reveal conditions which are
reasonably unsatisfactory to Buyer. If Buyer terminates this contract, and this transaction does not close,
Buyer agrees, at Buyer expense, to repair all damages to the Property resulting from the inspections and
investigations and return the Property to its present condition.
16. WALK-THROUGH INSPECTION
At a time mutually agreeable between the parties, but not later than the day prior to closing, Buyer may
conduct a final "walk-through" inspection of the Property to determine compliance with any Seller
obligations and to ensure that all Property is in and on the premises. No new issues may be raised as a
result of the walk-through.
17. RISK OF LOSS
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If the Property is damaged by fire or other casualty before closing, Buyer shall have the option of either
taking the Property "as is", together with any insurance proceeds payable by virtue of such loss or
damage, or of canceling this contract.
18. 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 vacate the Property
and re -convey 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. (2014), as amended.
19. DEFAULT
If this transaction is not closed due to any default or failure on the part of the Seller, 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 or unilaterally cancel this agreement upon giving written notice to Buyer.
20. SELLER WARRANTIES
Seller makes no warranties or representations regarding facts or conditions that would materially affect
the value of the Property, or which would be detrimental to the Property, or which would effect Buyer's
desire to purchase the property. Buyer shall have the number of days granted in Paragraph 15(a) above
("Inspection Period") to investigate all matters effecting or related to the Property, 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 matters and shall have the obligation to close on the contract.
21. RADON GAS NOTIFICATION
In accordance with provisions of Section 404.056(8), Florida Statutes (2014), 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
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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.
22. 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.
23. 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.
24. 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).
25. ATTORNEY FEES; COSTS
In any litigation arising out of this contract, each party shall be responsible for its own attorney's fees and
costs.
26. TYPEWRITTEN OR HANDWRITTEN PROVISIONS
Typewritten or handwritten provisions shall control all printed provisions of contract in conflict with them.
27. BROKER REPRESENTATION
Neither Party hereto is represented by a Licensed Real Estate Broker upon the execution hereof. Should
either Party choose to obtain the services of a License Real Estate Broker, the Party obtaining such
services shall be responsible for any Broker fee or expense due to said Broker.
28. EFFECT OF PARTIAL INVALIDITY
The invalidity of any provision of this contract will not and shall not be deemed to affect 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.
29. GOVERNING LAW
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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.
30. 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.
31. 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.
EXECUTED this V day of ✓tt. , 2019 by Buyer.
By:
ouglas M Schrock
APPROVED BY SELLER & EFFECTIVE this /day of Ale74-011 , 2019.
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George N. Cretekos
Mayor
Approved as to form:
Laura Lipowski Mahony
Assistant City Attorney
THE CITY OF CLEARWATER, FLORIDA
By: lAN.4L.)`a-
William B. Horne, II
City Manager
Attest:
Rosemarie Call
City Clerk
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