Loading...
NAVIGATE INC (2) -.;~ e e ~ RELEASE KNOW ALL MEN BY THESE PRESENTS, THAT WHEREAS, on September 9, 196~ Navigate, Incorporated, a Florida corporation, as Purchaser, entered into a written real estate contract with the City of Clearwater, Florida, a municipal corporation, as the Seller; and WHEREAS, Purchaser was to purchase for the price of $11,950.00., the following described real property situated in Pinellas County, Florida: The West 315.51 feet of Lot Two (2l of CLEARWATER INDUSTRIAL PARK, according to the map or plat thereof, as recorded in Plat Book 44, page 46, Public Records of Pinellas County, Florida, containing 2. 39 acres; and WHEREAS, said contract provided that the transaction should be closed on or before thirty (30) days from September 9, 1969; and WHEREAS, the City of Clearwater has, as the Seller, properly performed all of its obligations under the terms of the contract but the transaction has not been closed because of the request of the Purchaser, Navigate, Incorporated; and WHEREAS, Navigate, Incorporated as notified the City of Clearwater that it does not intend to complete said transaction and has offered to pay to the City of Clearwater the Sum of Two Hundred Dollars ($200. 00) to cover all costs and expenses the City of Clearwater has incurred to date in connection with said transaction; NOW, THEREFORE, in consideration of the foregoing premises and other good and valuable considerations, receipt of which is hereby acknowledged by Navigate, Incorporated, a Florida corporation, and it does hereby remise, release,di'sclaim and forever discharge any and all rights, - 1- /j-(YJS -0/ . (-{I) .. n~...._,_,__ '_n Al <0, e . claims or entitlements it may have in and by said real estate contract, dated September 9, 1969, between the City of Clearwater, Florida, a municipal corporation, as Seller, and Navigate, Incorporated, a Florida corporation, as the Purchaser, covering the above described real property situated in Pinellas County, Florida. IN WITNESS WHEREOF. the Purchaser has caused these presents to be executed in its name, and its corporate seal to be hereunto affixed, by its 25th day of March proper officers thereunto duly authorized, this A. D. 1970. .. "~- i?~te~t;.,"'::., ~-~ :..--~l?'~:~: t3 /:.l/~~ ~..: '~g"'/'~~-/';,~ =: - sc;.>>. ta ry~: .- - ....:.... V... >. -" ~: ..... ..... NA VIGA TE, INCORPORA TED k! /0 -JJa~~R- Pre s ident By Signed, sealed and delivered in the presence of: cJt;~lM -2- ~....h.Ci:l;lli,o.~J,~...~~;~.;.,.;;..~r""""'''" . ....,"'~ .....'IIt~~~4<l-....-............~'--.........~""'-'--t111111li1/111to<'~ ., ~.~ .t".~."'V'J4"""r t~' "' ~ ',~~""~~~~""'''''''''''''''''''_~\o.-.:_""^,,,,..;:...._:. ____~... " " , .. . . REAL ESTATE CONTdACT " THJ:S A Ga,EEMENT , made and entered into this' 9' day of ~ 196~, bet.ween CITY OFCLEAa.~lATE:t, FLOdID~: fmuniCiPal cor~oration, hereinafter called "Seller", and NA VIGATE, INCORPORATED, A Florida 'Corporation, hereinafter called "Purchaser"; WIT N E SSE T H: ---------- That in consideration of the mutual p:comises and coven- ants herein contained, and other valuabl? considerations passing between the parties hereto, the Seller agrees to sell and the Pur-- chaser agrees to buy the following described property situate, lying and being in Pinellas County, Florida: West 315.51 feet of Lot Two (2) of CLEARWATER INDUSTdIAL PAnK, accord- ing to the map or plat thereof a~' recorded in Plat Book 44, Page 46, Public Records of Pinella~ County, Florida, containing 2.39 acres, upon the following terms and conditions: (1) The total purchase price of said prope~ty shall be the sum of $11. 950. 00 , payable.at the times and in the man- ner following: (A) $1,000,00 to be paid on the signing of this contract as earnest money deposit, re- _ ceipt" of which is hereby acknowledged by Seller. (B) Balance of the purchase price of $10, 950. 00 to be paid \, upon the closing of this transaction. (C) It is understood and agreed that Seller shall have the above described parcel surveyed and staked out with permanent stakes. ~,~ ...._'~."...~"...~~~~~_-. "'-"'-_~~.~: '~t"ll'~_l'lI~~,"~'~'-" :~- -~,~.t~."':'~:-\~~_~'~ '"'1'",..".-., j .-......;~~~!J<,:tI: .'l"'~;rt~i.~~ U1L_)'L 1'1,. ~ <~..} ,r: ? iI'~+<,II._,.,:.",-- ""'___"'-'~~~"""''''',''~___'''''''' " " . e (2) The property shall be conveyed by \-Jarl'anty Deed and shall be free and clear of all encumbrances whatsoever, except as otherwise provided herein. (3) It is underst,ood that this property is subject to the . restrictions and protective covenants of the Clearwater Industria~ Park dated June ~o, 1957, and recorded in Official Record Book 115, at Page 347, Pinellas County 'records, as amended September 9, 1957 (0. R. Book 169 - Page 542) and further amended August 19, 1959 (0. R. Book 680 - Page 63)~ (4 ) and further amended September 23, 1968 (0. R. Book 2 9'14 , page 5 16) . It is understood that this property is to be improved ~nd developed as a subdivision for use as an industrial park by Seller; that it is zoned for use b!.l~ght industries; and that streets will be improved and completed and drainage will be installed in said subdivision by Seller in accordance with requirements of the Board of County Commissioners of Pinellas County, Florida, regulating develop- ment of subdivisions. It is further understood that in the event that this transaction shall be closed prior to the completion of said improvements that the responsibility of Seller in connection therewith shall continue until the same have been completed. (5) Seller shall pay all taxe's through the year 19Q8 . Taxes and assessments, if any, for the current year shall be pro- rated as of the day of closing. Seller agrees tO,place the necessary Documentary Stamps' on the Deed of Conveyance and to pay Intangible Tax on any Mortgage received as part of the consideration. Purcnaser agrees to place Documentary Stamps on any Promissory Note executed. (6) Possession will be given on the date of clos~ng which, subject to the provisions of this agreement, shall be on K&6r or before thirty (30) days. from the date hereof. ~~ r:~ (7) Seller agrees, at its expense, to furnish.a Comraitment for Title Insurance from a reputable title company authorized to do business 'in Florida, within five (5) days after execution of this con- tract and, thereafter, to pay for an Owner's Title Policy in the face amount of the purchase price' if the same is issued. In the ever\t said Commitment for Ti tIe Insurance indicates that the ti tIe to said property is merchantable and free and clear of liens and encumbratces except as herein otherwise provided, this transaction shall bo they.,o- - 2 - :"::i\JW~~~u;.:,,,,~'il.t~~~:_'_~~ . '~ :,~ '",,"', J.'!',~ II ~~,~ . ~' "r~"'-""'v-'V-~~llltblMto-~.._~,~~.'r' ... '.... ',~ -~~-''''~-";''''~''~'''~''''..,....~-'-- . e upon completed as herein provided. In the event Commitment shall indicate otherwise, the Seller shall have a period of sixty (60) days- after notification there,of within \'rhich to cure defects in title, and this sale ,s~all be clos~d with~n ten llO) days after notice of such curing to the Purchaser or his attorney. Upon Seller's failure to correct said defects within the time limi't) the earnest money deposit shall be returned to the Purchaser upon demand and all rights and liabilities arising hereunder shall ter- minate. In the event Seller shall perform all of his obligations , . under this contract and Purchaser shall fail or refuse to make the balance of the payments, or to pay the balance of the purchase price as above set forth, the said cash payment made on this date may be retained by or delivered to the Seller as liquidated dam- ages by reason of the Purchaser's failure to complete this agreement. (8) The loss or damage of the premises by fire or other casualty until the delivery of the deed is assumed by Seller. (9) Time is of the essence of this agreement and all coven- ants and agreements herein contained shall extend to and be obliga- tory upon the heirs, personalrepresehtatives'and assigns of the r e specti ve partie s. The words "Seller" and "Purcha ser" 'herein em:- ployed shall be construed to include ~he plural as well as the sin- gular. \. hands and seals in person and by and through their personal repre- sentatives the day and year hereinabove mentioned. IN WITNESS WHEREOF, the parties have hereunto set their -3- "~', -..- .--'.-' "-. . ......~-."..,-, -.'- "'-, .-"~--> ..'"' '~""~;'--'~'~~..."." C.,~"'4 ~- ~ ...,.",...,...~- -~' u.. ''''~~''~~.'.l!'''i.lt._ JIr."fI7".r~~'fi\ljIN t ~4,11i"'4 . ~ "'":.......'ilJ'. ^ "u t~' :i,l "-~'''''~'~ ;E\I.',~.:.<_:"'_- "l:"l ~~~~'.-:'''~7''~''''~'.~'_.,'''''-''''''''-'''''''':"'-''''t''t'"i:'''~'''::-' . .. .. h .! e ATTEST: Signed, sealed and'delivered in the presence of: J(47~"~ ~~/ ~~ As: to Seller " /7C~ ~C<4J*~-f!&.€ As to Purchase , ~~-_.....:..........._....,"''''' -. '- - ... ~ - " _- Jo :. ~ _...--... ',- 3'" :---- . _(C'-arpo<rate Seal) ;: "__. ... ~..._:J ~ 4'~;'~ .-....~"'::. ..~:,.. ~".. j~~:' - :i,;,,- \.': :,'- ~ - .~~ - -. , - .' .- ~ ,,~ ~..:. ,:..- -, -...-......-- ~- . . ,....,...............--- -h- - I Approved and.'c'orrectness ~ , , , ~~" ~ . toy AttorneY-- . . - Ii SELLER. n NAVIGATE, INCORPORATED By ~~Ji1/~' V('tr fJll-a, , f lipU"1CHASEL( ;r