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DAN R. AND MARION F. ILEY/WILBY F. AND NELLIE CLAIRE ANDERSON (2) , l I I ... EXTENSION OF OPTION THIS AGREEMENT. made this 9th day of October, A.D. 1971, by and between DAN R. ILEY and MARION F. lLEY, his wife, and WILBY F. ANDERSON and NELLIE C. ANDERSON. his wife, hereinafter referred to as "Seller", and the CITY OF CLEAR WATER, FLORIDA, a municipal corporation, hereinafter referred to as "Purchaser"; WITNESSETH WHEREAS. Seller is the owner of certain real estate situated in Pinellas County, Florida, described as follows: Begin at the Northeast corner of the Northwest 1/4 of the Northeast 1/4 of Section 24, Township 29 South, Range 15 East, thence S 00 l8!48" W along the 40 acre line, 532. 18 feet for a point of beginning; thence Southwesterly along a curve to the left, whose chord is S 7702514011 W 102.69 feet, and whose radius is 220.0 feet; and whose arc is 103.64 feet; thence along the arc of a curve to the left whose chord is S 42007'5011 W 14.86 feet, and whose radius is 20.0 feet and whose arc is 15.22 feet; thence along the arc of a curve to the left whose chord is S 10037126" W 141. 69 feet and whose radius is 420.28 feet and whose arc is 142.38 feet; thence S 89004/52? E 135.95 feet; thence N 0008148" E along the 40 acre line, 174.82 feet to the point of beginning; also the following described tract: Begin at the Southeast corner of the above described tract and run thence N 89004152" W along its South boundary and along a Westerly extension thereof a distance of 667 feet more or less to the West boundary of the East Half of the Northwest Quarter of Northeast Quarter of said Section 24; thence South along said West boundary 630 feet more or less to the Southwest corner of said East Half of Northwest Quarter of Northeast Quarter; thence East along its South boundary of 667 feet more or less to its South- east corner; thence North along its East boundary 630 feet more or less to point of beginning; the Southerly portion of said tract being subject to easement for right of way for Lakeview Road; and WHEREAS, the Purchaser entered into an option with the Seller under date of April 9, 1971, to purchase said real estate; and WHEREAS~)he$ha~r~e~ that this option be additionalfti.L~dY"-day period; W extended for an NOW. THEREFORE. Seller, for and in consideration of the sum of One Thousand Dollars ($1,000. OO} previously paid by the Purchaserfor said original option, receipt of which is hereby acknowledged by Seller, does -1- I I hereby grant to the Purchaser, its successors and a,ss~gns, at the purchase rls ?I ~ mS> ~(/nc.,A, option, for and during the period of FliRet.[ (~Q.)-days from date he reof, the right and privilege to purchase the above described property for the price of Twenty-two Thousand Dollars ($22,000.00), good and lawful money of the United States of America, payable as follows: Balance due at time of closing with credit being given for the $1,000 deposit paid for the option. The exercise of this option by the Purchaser to purchase the afore- mentioned property shall be by written notice to the Seller, said notice shall be sent to 316 Jasmine Way, Clearwater, Florida, on or before the expiration date of this option agreement, In case said notice is given by mailing, the time of deposit of the same in a prepaid sealed envelope in a depository for the receipt of the United States mail shall not only constitute sufficient notice 0 the Seller of such action, but the time of such notice of acceptance shall be, in such case, the time of delivery of the same in a United States Post Office. In the event the Purchaser exercises this option, the Seller shall, within ten (lOl days of such notice, furnish to the Purchaser a duly certified abstract of title or a title insurance commitment, showing good and clear merchantable title of record to said property in the Seller, free and clear of liens, encumbrances, rights, title or interests in others; however, the cost of bringing the title to date from October 9, 1971, shall be paid by the Purchaser. In the event said commitment or abstract shows defects, liens, encumbrances, rights, title or interests not hereinbefore noted, the Seller shall use diligent effort to perfect the title, and the Seller shall have a reasonable -time therefor, not to exceed thirty (30)days.- Within thirty (30) days after delivery of such title insurance commitment L-" or abstract of titile to the Purchaser, the closing shall be consummated. Conveyance shall be made by Seller by a good and sufficient Warranty Deed. -2- I I ...' Seller shall affix the proper documentary stamps on the Deed and Purchaser shall record the same. Real estate taxes for year 1971 shall be pro-rated but from October 9, 1971, said taxes shall be paid by the Purchaser. Provided, however, should a defect in the title be found, then closing shall take place ten (lOl days after the defect has been corrected. The closing shall take place in the office of the City Attorney, City Hall, 112 S. Osceola Avenue, Clearwater, Florida. If Seller does not perfect title or otherwis e fails to perform their obligation thereunder, they shall promptly refund to Purchas er the $1,000. 00 paid for this option. It is agreed and understood that if the said Purchaser, or its successors and assigns, shall fail to exercise this option within the time above mentioned, said Purchaser, its successors and assigns, shall forfeit the said sum of $1, 000 paid to Seller for this option as hereinbefore acknowledged, and all obligations of both parties hereto shall be fully discharged. IN WITNESS WHEREOF J the parties hereto have hereunto set their hands and seals to be affixed hereto on the date first above written. Witnesses: ~~~' ~/x:Ud~L<> C?4..-u- As to Ileys . ') i, ,. i - l " }~nb;;i' ~__ /? 9cfq;L (SEAL) .iF Dan R. Iley {/ ;J~ J~;A '3. ~Aj-""'l (SEAL) Marion F. Iley (j jy( 1/# J ~!~'(SEAL) /~y F. LAnders on . C /,''' 7F~ . ~VJ..t1./.U/V'j ..{SEAL} , Nellie C. Anderson R, FLORIDA { A ppr oved as I" cr,', r"" rectnes s :"', ,,/ V( ~1 / }/ . (~J~-- t\.~L''\City jAttorne I i,/ " -3- <, I I I''*:: OPTION THIS AGREEMENT. made this ~ ~<<<< day of wife, and ,:f , A. D. 1971, byandbetweenDANR. lLEY and MARION F. ILE WILBY F. ANDERSON and NELLIE C. ANDERSON. his wife, hereinafter referred to as "Seller", and the CITY OF CLEARWATER. FLORIDA, A Municipal Corporation, hereinafter referred to as "Purchaser"; WITNESSETH: WHEREAS, Seller is the owner of certain real estate situated in Pinellas County, Florida, described as follows: Begin at the Northeast corner of the Northwest Qu,,+rter of the Northeast Quarter of Section 24, Township 29 South, Range 15 East, thence S 00 18148" W along the 40 acre line, 532.18 feet for a point of beginning; thence Southwesterly, along a curve to the left, whose chord is S 77025140" W 102.69 feet, and whose radius is 220.0 feet; and whose arc is 103.64 feet; thence along the arc of a curve to the left whose chord is S 420 07150" W 14.86 feet, and whose radius is 20.0 feet and whose arc is 15.22 feet; thence along the arc of a curve to the left whose chord is S 10037126" W 141. 69 feet and whose radius is 420.28 feet and whose arc is 142.38 feet; thence S 89004152" E 135.95 feet; thence N 0008148" E along the 40 acre line, 174.82 feet to the point of beginning; als 0 the following described tract: Begin at the Southeast corner of the above described tract and < run thence N 890 04'52" W along its South boundary and along a Westerly extension thereof a distance of 667 feet more or less to the West boundary of the East Half of the Northwest Quarter of Northeast Quarter of said Section 24; thence South along said West boundary 630 feet more or less to Southw~~~,! corner of said East Half of Northwest Quarter of Northeast Quarter; thence East along its South boundary of 667 feet more or less to its South- east corner; thence North along its East boundary 630 feet more or less to point of beginning; the Southerly portion of said tract being subject to easement for right of way for Lakeview Road; and WHEREAS, the Purchaser desires an option to purchase said real estate; NOW. THEREFORE, Seller, for and in consideration of the sum of One Thousand Dollars ($1,000. OO); duly paid by the Purchaser, receipt of which is hereby acknowledged by Seller, does hereby grant to the Purchaser, its successors and assigns, at the Purchaser's option, for and during the -1- , I I period of six (6) months from date hereof, the right and privilege to purchase the above described property for the price of Twenty-two Thousand Dollars 1$22,000.00), good and lawful money of the United States of America, payable as follows: Balance due at time of closing with credit being given for the $1,000 deposit paid for this option. The exercise of this option by the Purchaser to purchase the afore- mentioned property shall be by written notice to the Seller, said notice shall be sent to 316 Jasmine Way, Clearwater, Florida, on or before the expiration date of this option agreement. In case said notice is given by mailing, the time of deposit of the same in a prepaid sealed envelope in a depository for the receipt of the United States mail shall not only constitute sufficient notice to the Seller of such action, but the time of such notice of acceptance shall be, in such case, the time of delivery of the same in a United States Post Office. In the event the Purchaser exercises this option, the Seller shall, within ten (l0). days of such notice, furnish to the Purchaser a duly certified abstract of title or a title insurance commitment, showing good and clear merchantable title of record to said property in the Seller, free and clear of liens, encumbrances, rights, title or interests in others. In the event said commitment or abstract shows defects, liens, encumbrances, rights, title or interests not hereinbefore noted, the Seller shall use diligent effort to perfect the title, and the Seller shall have areas onable time therefor, not to exceed thirty (30) days. Within thirty (3D)' days after delivery of such title insurance commitment or abstract of title to the Purchaser, the closing shall be consummated. Conveyance shall be made by Seller by a good and sufficient Warranty Deed. Seller shall affix the proper documentary stamps on the Deed and Purchaser shall record the same. Real estate taxes for year 1971 shall be pro-rated at the time of closing. Provided, however, should a defect in the title be found, -2.. ., I I r . then closing shall take place ten (l0) days after the defect has been corrected. The closing shall take place in the office of the City Attorney, City Hall, 112 S. Osceola Avenue, Clearwater, Florida. If Seller does not perfect title or otherwise fails to perform their obligation thereunder, they shall promptly refund to Purchaser the $1,000 paid for this option. It is agreed and understood that if the said Purchaser, or its successors and assigns, shall fail to exercise this option within the time above mentioned, said Purchaser, its successors and assigns, shall forfeit the said sum of $1,000 paid to Seller for this option as hereinbefore acknowledged, and all obligations of both parties hereto shall be fully discharged. IN WITNESS WHEREOF. the parties hereto have hereunto set their hands and seals to be affixed hereto on the date first above written. ~~dtr -~~ ' .~t~ ~~. ~ ~~v As to Andersons 4cz?t./ ;? %r(SEAL} Dan R. Iley '111fl~ 9 (~~ (SEAL). Marion F. Iley ~;f~~L). 7{~- U,. ~~ (SEAL) . Nellie C. Anderson Witnesses: .. F L01UDA ~~/P'd/ ~~ /~4rc.~,,-, A s to C' y.: 1 Attest: . Approved as to form & ~~~ Ci y Attorney ( -3-