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R W HUME .' . . REAL ESTATE CONTRACT THIS AGREEMENT, made and entered into this 17th day of November , 19~, between CITY OF CLEARWAT&i, FLORIDA, a municipal corporation, hereinafter called IfSelleru, and R. W. HUl\.1E, of 848 Harbor Island, Clearwater, Florida hereinafter called "Purchaser"; WIT N E SSE T H: ---------- That in consideration of the mutual promises and coven- ants herein contained, and other valuable 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 One-Half (1/2) Lot Six (6) of CLEARWATER. INDUSTRIAL PARK, accord- ing to the map or plat thereof as recorded in Plat Book 44, Page 46, Public Records of PinellasCounty, Florida, containing 2.39 acres, upon the following terms and conditions: (I) The total purchase price of said property shall be the sum of $~ 1, 950. 00 , payable at the times and in the man- ner following: (A) $ 1,195.00 to be paid on the signing of this contract as earnest money deposit, r~- ceipt of which i s herebY~fckn6wle-aged --by Seller. (B) Balance of the purchase price of $10, 755 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. )J-()O):.q ffi) . '~,':!~.~~j,~~;.~: -'(~', ,\:':-,. " i<t~-- ';"',;;,-..:<. :--;::~;. . (2) The property' shall be conveyed by Warranty Deed and shall be free and clear of all encumbrances whatsoever, except as otherwise provided herein. (3) It is understood that this property is subject to the r'estrictions and protective covenants of the Clearwater Industrial Park dated June 10, 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). and further amended September 23, 1968 (0. R. Book . " 2 9 14, pa g e 5 16) . (4) 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 by light 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 thi stransaction shall be closed prior to the completion of said improvements that the .responsibili ty of Seller in connection therewith shall continue until the same have been completed. (5) . Seller shall pay all taxes through the year 1969 . 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 rece:: ved as part of theconsi derat ion. Pur e-hEl.ser 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 ~x or before ninety days from the date of this contract. ~,o&x ~xldxx (7) Seller agrees, at itsexpense,t6furnlshaUCbmmitment 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 event said Commi tmentfor Title Insurance indicates that the title to said property is merchantable and free and clear of liens and encumbrances except as herein otherwise provided, this transaction shall be the~e- - 2 - . "~.. ~-. . . . upon completed as herein provided. In the event Commitment shall indicate otherwise, the Seller shall have a period of sixty (60) days after notification thereof within which to cure defects in title, and this sale shall be closed within ten (10) days after notice of such curing to the Purchaser or his attorney. Upon Seller's failure to correct said defects within the time limit] 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, personal representatives and assigns of the respective parties. The words "Seller" and "Purchaser" herein em:.,- ployed shall be construed to include the plural as well as the sin- gular. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals in person and by and through their personal repre- sentatives the day and year hereinabove mentioned. -3- ~ " e "/ (DEe 1 2 1969 Signed, sealed and delivered in the presence of: ~~~ C. ~_ .. ~~~~.de/ As to Seller &M/ &_~ ~7;i (1. ~ As to ~~~haser -4- e and correctness: z~~ Ii SELLEH Ii ~/~ ...~... / I. . ~........~ :,'....-- ~ "PUll-CHASEd" -