MARJORIE MOBLEY ESTATE POA FOR ESTATE OF ANNA PEARL BIRT AND COMMUNITY REDEVELOPMENT AGENCYDigiSign Verified - a09bfefe-32d7-4ae9-95ba-2de11 be066bb
CONTRACT FOR PURCHASE OF REAL PROPERTY
BY
THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF CLEARWATER, FLORIDA
PARTIES: Marjorie Mobley, Estate POA, acting Personal Representative of the Estate of Anna
Pearl Birt, whose mailing address is P.O. Box 11454 Tampa, FL 33680-1454 (herein "Seller"), and
COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF CLEARWATER, FLORIDA, a
public body corporate and politic of the State of Florida 600 Cleveland St., Clearwater, FL. 33756,
(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
Commonly referred to as 1105 Carlton Street Clearwater, FL 33755 & 1325 N Martin
Luther King Jr. Ave Clearwater, FL 33755
Real Property ID No: 10-29-15-33534-003-0150 & 10-29-15-33534-003-0160
As described in Exhibit "A"
2. FULL PURCHASE PRICE $350,000.00
3. MANNER OF PAYMENT: Wire in U.S. funds at time of cleared to close.
4. PURCHASE PRICE
The full Purchase Price of Three Hundred and Fifty Thousand Dollars exactly, as shown herein,
has been reached through negotiations with the Seller by City staff. Tobias Realty Advisors, LLC
performed an appraisal of the Property on behalf of the Buyer.
5. TIME FOR ACCEPTANCE: APPROVALS
Following execution of this contract by Seller, the price, terms and conditions as contained herein
shall remain unchanged and be held unconditionally open for a period of 45 days following delivery
in duplicate original to the of the City of Clearwater for acceptance and approval, counteroffer, or
rejection by action of the Clearwater City Council ("Council") serving in its capacity as the governing
board of the City. If this agreement is accepted and approved by the City, it will be executed by duly
authorized City officials and delivered to Buyer within 10 days thereafter. The "Effective Date" shall
be the date indicated above the City officials' signatures (see page 8). If a counteroffer is approved
by the City, it shall be delivered to Seller in writing within 10 days of such action by the City, and
Seller shall have 10 days thereafter to deliver to Buyer written notice of acceptance or rejection of
such counteroffer. If written notice of acceptance is not timely delivered, or if the counteroffer is
rejected by Seller, the offer for sale or purchase and this contract, as the case may be, shall
thereafter be null and void in all respects at midnight on the day following such action. If this contract
is rejected by the City upon initial presentation to the City, this contract shall never become effective
(lacking City official signatures), and the offer for sale or purchase and this contract, as the case
may be, shall be null and void in all respects at midnight on the day following City rejection and
Buyer shall be so informed in writing within 5 days of such action.
6. TITLE & DEED USE RESTRICTION
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a. Seller warrants legal capacity to and shall convey marketable title to the Property by
Warranty Deed, subject only to matters contained in Paragraph 7 acceptable to Buyer.
Otherwise, title shall be free of liens, easements and encumbrances of record or known to
Seller, but subject to property taxes for the year of closing; covenants, restrictions, and public
utility easements of record; and no others provided there exists at closing no violation of the
foregoing and none of them prevents Buyer's intended use of the Property. Seller warrants
and represents that there is ingress and egress to the Property sufficient for the intended
use as described herein.
7. TITLE EVIDENCE
Seller shall, at Seller expense and within 15 days prior to closing date deliver 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, if any, that are 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 20 days from receiving evidence of title to examine it. If title is found defective, in
Buyer's sole discretion, Buyer shall, within five (5) business thereafter, notify Seller in writing
specifying defect(s). If the defect(s) render title unmarketable, Seller will have 120 days from receipt
of notice within which to remove the defect(s), failing which Buyer shall have the option of either
accepting the title as it then is or withdrawing from this Contract. Seller will, if title is found
unmarketable, make diligent effort to correct defect(s) in title within the time provided therefor,
including the bringing of necessary suits.
8. SURVEY
Buyer, at Buyer's expense, within time allowed to deliver evidence of title and to examine same,
may have the Property surveyed and certified to the Buyer by a registered Florida land surveyor. If
survey shows any encroachment on the Property, or that improvements located on the 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
Buyer shall designate closing agent ("Closing Agent") and this transaction shall be closed in the
offices of the designated closing agent in Pinellas County, Florida, within 120 days of the Effective
Date unless extended by other provisions of this contract including but not limited to time allotted
for the removal of title defects as provided for in Paragraph 7 above. If either party is unable to
comply with any provision of this contract within the time allowed, and be prepared to close as set
forth above, after making all reasonable and diligent efforts to comply, then upon giving written
notice to the other party, time of closing may be extended up to 60 days without effect upon any
other term, covenant or condition contained in this contract.
10. CLOSING DOCUMENTS
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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, as applicable. If Seller is a corporation, Seller shall deliver a resolution of its
Board of Directors authorizing the sale and delivery of the deed and certification by the corporate
Secretary certifying the resolution and setting forth facts showing the conveyance conforms with
the requirements of local law.
11. CLOSING EXPENSES
Documentary stamps on the deed, unless exempt under Chapter 201.24, Florida Statutes, shall be
paid by the Seller. Seller shall also pay the costs of recording any corrective instruments.
Recordation of the deed shall be paid by the 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 day
prior to closing and deliver same to the Pinellas County Tax Collector with notification to thereafter
exempt the Property from taxation as provided in Chapter 196.012(6), Florida Statutes. 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. OCCUPANCY
Seller warrants that there are no parties in occupancy other than the Seller, or as otherwise
disclosed herein. If Property is intended to be rented or occupied beyond closing, the fact and terms
thereof shall be stated herein, and the tenant(s) or occupants disclosed pursuant to Paragraph 15.
Seller agrees to deliver occupancy of the Property at time of closing unless otherwise stated herein.
If occupancy is to be delivered before closing, 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 conditions as of the time of taking occupancy unless
otherwise stated herein or in separate writing.
14. LEASES
Seller warrants there are no tenants occupying the Property and that no leases exist, recorded or
unrecorded, authorizing such occupancy and any authorized tenancy or lease for use of the
property created by Seller prior to closing or prior to the expiration hereof, shall constitute a material
breach of this Contract. Seller shall deliver the property vacant at the time of closing.
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 21 ("SELLER
WARRANTIES") and marketability of title. Buyer's covenant to purchase the Property "as is" is
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more specifically represented in the following paragraph.
a. As Is With Right of Inspection: Buyer may, at Buyer expense within 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. Seller will, upon reasonable notice, provide
utilities services as may be required for Buyer's inspections and investigations. 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 for any reason if the inspections,
investigations, or the Buyer's business needs or budget are unsatisfactory to Buyer, as
determined in the Buyer's sole discretion . In the alternative, at the Buyer's sole discretion, if
Seller offers to repair or otherwise remedy such conditions to Buyer satisfaction, Buyer may
accept such offer; or Buyer, at its option, may elect to accept a credit at closing of the total
estimated repair costs as determined by a licensed general contractor of Buyer's selection
and expense. 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. SELLER HELD HARMLESS
Buyer is self-insured, and subject to the limits and restrictions of the Florida Sovereign immunity
statute, F.S. 768.28, agrees to indemnify and hold harmless the Seller from claims of injury to
persons or property during the inspections and investigations described in Paragraph 15(a)
resulting from Buyer's own negligence only, or that of its employees or agents only, subject to the
limits and restrictions of the sovereign immunity statute.
18. RISK OF LOSS
If the Property is damaged by fire or other casualty before closing and cost of restoration does not
exceed 3% of the assessed valuation of the Property so damaged, cost of restoration shall be an
obligation of the Seller and closing shall proceed pursuant to the terms of this contract with
restoration costs escrowed at closing. If the cost of restoration exceeds 3% of the assessed
valuation of the improvements so damaged, 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.
19. PROCEEDS OF SALE; CLOSING PROCEDURE
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The deed shall be recorded upon clearance of funds. Proceeds of sale shall be held in escrow by
Buyer's attorney, the Closing Agent, or by such other mutually acceptable escrow agent for a period
of no 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 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.
(2014), as amended.
20. DEFAULT
If this transaction is not closed due to any default or failure on the part of the Seller, other than to
make the title marketable after diligent effort, Buyer may seek specific performance or unilaterally
cancel this agreement upon giving written notice to Seller. If this transaction is not closed due to
any default or failure on the part of the Buyer, Seller may seek specific performance. If a Broker is
owed a brokerage fee regarding this transaction, the defaulting party shall be liable for such fee.
21. SELLER WARRANTIES
Seller warrants that there are no facts known to Seller that would materially affect the value of the
Property, or which would be detrimental to the Property, or which would affect Buyer's desire to
purchase the property except as follows: (Specify known defects. If none are known, write
"NONE") . Buyer shall have the number of days granted in Paragraph 15(a)
above ("Inspection Period") to investigate said matters as disclosed by the Seller and shall notify
Seller in writing whether Buyer will close on this contract notwithstanding said matters, or whether
Buyer shall elect to cancel this contract. If Buyer fails to so notify Seller within said time period,
Buyer shall be deemed to have waived any objection to the disclosed matters and shall have the
obligation to close on the contract.
22. 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 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.
23. CONTRACT NOT RECORDABLE: PERSONS BOUND
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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.
24. 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.
25. 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).
26. 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.
27. TYPEWRITTEN OR HANDWRITTEN PROVISIONS
Typewritten or handwritten provisions shall control all printed provisions of contract in conflict with
them.
28. BROKER REPRESENTATION
If either Party chooses to be represented by a Licensed Real Estate Broker upon Seller's execution
hereof, then that Party solely shall be responsible for any such Broker fee or expense due to said
Broker.
29. COMPLIANCE WITH SECTION 286.23, FLORIDA STATUTES
Owner shall execute and deliver to the City the "Disclosure of Beneficial Interests" required pursuant
to Section 286.23, Florida Statutes.
30. 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.
31. 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.
32. 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.
33. 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 day of 09/28/2023
Attest:
Marjorie Mobley
2023 by Seller. arjorie Mobley
By: AIWA& Alagieffr
Print Name Marjorie Mobley
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APPROVED BY BUYER & EFFECTIVE this OU day of 60-6.12
2023.
Countersigned:
li►► IIID► , ,l ith
:gr opez 11'. v
Interim Execu iv -'Director
Community Redevelopment Agency of the
City of Clearwater, Florida.
By:
Brian J. ungst, S
Approved as to form: Attest:
David Margolis
City Attorney
Li' -Q.
Chairperson
OtA
Rosemarie Call
City Clerk �,���vrogrooi
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Exhibit A
The following real property located at 1329 N. Martin Luther King Ave., Clearwater,
Pinellas County, Florida, more particularly described as follows:
Lot Sixteen (16) in BLOCK "C" of GREENWOOD PARK SUBDIVISION according to the
map or plat thereof as recorded in Plat Book Eight (8) page twenty-two (22) of the Public Records
of Pinellas County, Florida.
&
The following real property located at 1105 Carlton St., Clearwater, Pinellas County,
Florida, more particularly described as follows:
Lot Fifteen (15) in BLOCK "C" of GREENWOOD PARK SUBDIVISION according to the
map or plat thereof as recorded in Plat Book Eight (8) page twenty-two (22) of the Public Records
of Pinellas County, Florida.
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