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ANDREW SZILAGYI (3) " I I 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. 0, Box 4748, Clearwater, Florida 33758-4748, ATTENTION: Earl Barrett, Real Estate Services manager Phone: (727) 562-4754, and ANDRE&) SZILAGYI, a SINGLE man (herein "Buyer"), of 2140 Belleair Rd., Clearwater, Florida 33764-2540, Phone: (727) 441-9991 (collectively "Parties"), hereby agree that the Seller shall sell and Buyer shall buy the following real property ("Real Property") and personal property ("Personal ty") (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. PROPERTY DESCRIPTION LEGAL DESCRIPTION: A PORTION OF SECTION 24, TOWNSHIP 29 SOUTH, RANGE 15 EAST BEING MORE PARTICULARLY DESCRSIBED AS FOLLOWS: Begin at the Southeast (SE) corner of Section 24, Township 29 South, Range 15 East, run thence North 88023'23" West along the South line Of said Section 24,641.60 feet; thence North 01036'37" East, 50.00 feet for a Point of Beginning;, thence North 01036'37" East, 20.00 feet; thence North 88023'23" West, 20.00 feet; thence South 01'36' 37" West, 20.00 feet; thence South 88023'23" East along the North right of way line of Belleair Road, 20.00 feet to the Point of Beginning, Containing 400 square feet, more or less, PERSONALTY: NONE 2. FULL PURCHASE PRICE ,..,.,..."...,..........,..",....."..,"" $ 625,00 3. MANNER OF PAYMENT TOTAL to be paid at closing in V,S. funds, cash, certified or cashier's check, subject to adjustments and prorations..,..",., $ 625,00 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, C/O Public Works Department 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 its initial presentation, 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. TITLE Seller shall convey marketable title to the Property by Deed of Conveyance, subject only to matters contained in Paragraph 6 and those otherwise accepted by 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, if any; covenants, restrictions and public utility easements of record; and no others, 6. TITLE EVIDENCE Buyer may, at Buyer expense, and within 15 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 tit.le subject only tel llens~ encumbrances, except.ions or qUCilificQ~i.ons set forth in this Contract, Marketable title shall be determined according to appli cable Title Standards adopted by The Florida Bar and in accordance with law, Buyer shall have 5 days from receiving evidence of title to examine it. 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. 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. Page 1 of 4 ,,~ I I 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 propert1 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 ro ert bein conve ed hereunder is less than 20 contiguo,us 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, B. SURVEY Buyer, at Buyer I 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, except as Buyer shall have created such defects. 9. CLOSING PLACE AND DATE Buyer may designate closing agent and this transaction shall be closed in the offices of the designated closing agent in Pinellas County, Florida, ON OR BEFORE 60 DAYS 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 30 days without effect upon any other term, covenant or condition contained in this contract, 10, CLOSING DOCUMENTS Seller shall furnish deed, bill of sale, mechanic I s lien affidavit, assignments of leases, tenant and mortgage estoppel letters, 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. Any deposits held by Seller in trust for third parties in occupancy of the Property shall be credited to Buyer at time of closing. 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 landscaping and grounds in a comparable condition. Seller makes nO warranties other than as disclosed herein in Paragraph 18 ("SELLER WARRANTIES") and marketability of title. Buyer's covenant to purchase the Property "as is" is more specifically represented in either subparagraph a. or b. as marked [Xl. a, [ l As Is: Buyer has inspected the Property or waives any right to inspect and accepts the Property in its present Mas is~condition, b. [Xl As Is With Right of Inspect~OQ: Buyer may, at Buyer expense and within 45 days from Effective Date ("Inspection Period"), conduct inspections, tests, environmental and any other inve~tigatioris of the Property Buyer deems necessary to determine suitability for Buyer's intended use. 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 if the inspections and/or investigations reveal conditions which are reasonably unsatisfactory to Buyer, unless Seller elects to repair of otherwise remedy such conditions to Buyer satisfaction. If 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, PAGE 2 OF 4 I I 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 inspections, investigations and any work performed pursuant to Paragraphs 8 and 13 above. 15, 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 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. 16. DEFAULT If Buyer fails to perform this contract within the time specified (including payment of all deposit(s)), the deposit(s) paid by Buyer may be retained by or for the account of Seller as agreed upon liquidated damages, consideration for the execution of this contract and in full settlement of any claims; whereupon, Buyer and Seller shall be relieved of all obligations under this contract; or 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) without thereby waiving any action for damages resulting from Seller's breach, 17. 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. 18. 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, 19, 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. 20, ASSIGNABILITY; PERSONS BOURg 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). 21. 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. 22, NO BRORER 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. PAGE 3 OF 4 I I 23. TYPEWRITTEN OR HANDWRITTEN PROVISIONS Typewritten or handwritten provisions shall control all printed provisions of contract in conflict with them. 24, 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. 25, 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. 26, 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. 27, MERGER BY DEED All covenants, warranties, and representations contained herein shall merge with the deed at time of closing. Upon deli very of deed by the City, and acceptance thereof by Buyer, the Buyer shall hold the City forever harmless thereafter, 28. 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 ,pprf op --- !; ;2 0 - 6,7...') (./ "" cf)". .fJ ,_7 -; . Social Security or Tax 1.0.# [ ] APPROVED AND ACCEPTED THIS IO~ day of ~ , 2,000 Countersigned: CITY OF CLEARWATER, FLORIDA. r BY~A"~~ William B. Horne, II Interim City ManF-ger Approved as to form and l~~ John Carassas, Assistant City Attorney ATTEST: a~ PAGE 4 OF 4 AN[lkEW :3ZI LA(iYI I;r:lnt. (:71)I_i"\..'1 I I 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. 0, Box 4748, Clearwater, Florida 33758-4748, ATTENTION: Earl Barrett, Real Estate Services manager Phone: (727) 562-4754, and ANDREtiI SZILAGYI, a SINGLE man (herein "Buyer"), of 2140 Belleair Rd" Clearwater, Florida 33764-2540, Phone: (727) 441-9991 (collectively "Parties"), hereby agree that the Seller shall sell and Buyer shall buy the following real property ("Real Property") and personal property ("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 day. or les. .hall be computed without including Saturday, Sunday, or national legal holiday. and any time period ending on a Saturday, Sunday or national legal holiday .hall be extended until 5:00 P,N, of the next business day, 1. PROPERTY DESCRIPTION LEGAL DESCRIPTION: A PORTION OF SECTION 24, TOWNSHIP 29 SOUTH, RANGE 15 EAST BEING MORE PARTICULARLY DESCRSIBED AS FOLLOWS: Begin at the Southeast (SE) corner of Section 24, Township 29 South, Range 15 East, run thence North 88023'23" West along the South line Of said Section 24, 641,60 feet; thence North 01036'37" Ea.t, 50,00 feet for a Point of Beginning;, thence North 01036'37" Ea.t, 20,00 feet; thence North 88023'23" West, 20,00 feet; thence South 01'36' 37" West, 20.00 feet; thence South 88023'23" East along the North right of way line of Belleair Road, 20.00 feet to the Point of Beginning, Containing 400 square feet, more or less, PERSONALTY: NONE 2, FULL PURCHASE PRICE .....".."""""""..".,."",..,',"'" $ 625,00 3. MANNER OF PAYMENT TOTAL to be paid at closing in U.S, funds, cash, certified or cashier's check, subject to adjustments and prorations.",,'" ,. $ 625,00 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, C/O Public Works Department 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 its initial presentation, 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. TITLE Seller shall convey marketable title to the Property by Deed of Conveyance, subject only to matters contained in Paragraph 6 and those otherwise accepted by 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, if any; covenants, restrictions and~ public utility easements of record; and no others, 6. TITLE EVIDENCE Buyer may, at Buyer expense, and within 15 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, encu~rances, 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 from receiving evidence of title to examine it. If title is found defective, Buyer shall, within 3 days thereafter, notify Seller in writing specifying defect(sl, 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(sl in title within the time provided therefor, including the bringing of necessary suits, Page 1 of 4 I ...) J ..?o - () /:> ~.. (..! () ,.1"- r" ....7 ,. I I 7. CERTAIN RIGHTS BSERVED I 8, !!!!Y!! 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, except as Buyer shall have created such defects. 9. CLOSING PLACE AND DATE Buyer may designate closing agent and this transaction shall be closed in the offices of the designated closing agent in Pinellas County, Florida, ON OR BEFOIUI: 60 DAYS 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 30 days without effect upon any other term, covenant or condition contained in this contract. 10. CLOSING DOCUMENTS Seller shall furnish deed, bill of sale, mechanic's lien affidavit, assignments of leases, tenant and mortgage estoppel letters, 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. Any deposits held by Seller in trust for third parties in occupancy of the Property shall be credited to Buyer at time of closing. 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 landscaping and grounds in a comparable condition, Seller makes no warranties other than as disclosed herein in Paragraph 18 ("SELLER WARRANTIES") and marketability of title, Buyer's covenant to purchase the Property "as is" is more specifically represented in either subparagraph a, or b. as marked [X]. a, [ ] ~ Is: Buyer has inspected the Property or waives any right to inspect and accepts the Property in its present "as is" condition. b. [X] Aa Is Wi~ Right of Inspection: Buyer may, at Buyer expense and within 45 days from Effective Date ("Inspection Period"), conduct inspections, tests, environmental and any other investigations of the Property Buyer deems necessary to determine suitability for Buyer's intended use, 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 if the inspections and/or investigations reveal conditions which are reasonably unsatisfactory to Buyer, unless Seller elects to repair of otherwise remedy such conditions to Buyer satisfaction, If 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. PAGE 2 OF 4 I I 1.. SaLLER HJ:LD IIAlUCLZSS 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 inspections, investigations and any work performed pursuant to Paragraphs 8 and 13 above. 15. 'PROCD:DS or SALE; CLOSING PROCZOUU: 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, 16. DEFAULT If Buyer fails to perform this contract within the time specified (including payment of all deposit(s)), the deposit(s) paid by Buyer may be retained by or for the account of Seller as agreed upon liquidated damages, consideration for the execution of this contract and in full settlement of any claims; whereupon, Buyer and Seller shall be relieved of all obligations under this contract; or 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) without thereby waiving any action for damages resulting from Seller's breach. 17. 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. 18, CONTRACT NOT RECORDABLE; PERSONS BOUND Neither this contract nor any notice of it shall be r;corded 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. 19. NO'l'Ic& 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, 20. ASSIGNABILITY; RIlSCIII8 ~ 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). 21. A'1"l'ORNEY I'DS; COSTS In any litigation arising out of this contract, the prevailing party shall be entitled to recover reasonable attorney's fees and costs. 22. NO BRO~ 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. PAGE 3 OF 4 23, TYPEWRITJlN OR HANDWRITTEN PROVISIONS I Typewritten or handwritten provisions shall control all printed provisions of contract in conflict with them, 24, 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, 25, GOVERNING LAW It 1s 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, 26, 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, 27, MERGER BY DEED All covenants, warranties, and representations contained herein shall merge with the deed at time of closing, Upon delivery of deed by the City, and acceptance thereof by Buyer, the Buyer shall hold the City forever harmless thereafter, 28, 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: &(/21/;"'-'- , r ~~h--' r B~~gnatuU:> <etryer: _ Andrew Szilagyi 1/1,.-, /_' 'IlL...." ~'c;, 7 J - {}(."7 Social Security or Tax 1,D,# IvI" APPROVED AND ACCEPTED THIS loft- day of ~ , 2,000 Byd);;:t;~:DA Willi~m B. Hc~~e. II Interim City Y.aneger Countersigned: Approved as to form and legal sufficiency: ATTEST: Goude'aut~~fc~ ~ PAGE 4 OF 4 ,;lJl'l...t:W :~::lLAli-r'J f".I,' .1,'