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J J TUCKER -LIMITED-MILTON E TUCKER ~' e . REAL ESTATE CONTRACT THIS AGREEMENT, made and entered into this 24th day of November , 195~, between CITY OF CLEARWATER, FLORIDA, a municipal_co.fP9r'a't :Lon, he1."einafter ealled "SellerH , and J. J. TUCKER, LIMITED, MILTON E. TUCKER, OVlNER & NUuLl.GER hereinafter called "Pur cha ser"; 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: The East One-Half (1/2) of Lot Nineteen (19) 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 1.875 acres, upon the following terms and conditions: (1) The total purchase price of said property shall be the sum of $5,906.25 , 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. said earnest money to be forth- with delivered to the Seller for its use subject only to being refunded in accord- ance with the terms hereof. ~ (B) $4,906.25 to be paid on or before November 24, 1960. /J- Q)( (16): I!'- . _ ..... ,.. e . (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 restrictions and protective covenants of the Clearwater Industrial Park dated June 10, 1957, and recorded in Official Record Book 115, at Page 347, Pinellas Gountyrecords) (O..R.lQ9,page 542- -H~-""-- eReeords, cAse Amended ( 0 .R.680 ,Page 6j.] (4) It is understood that this property is to be improved E:tnd developed as a subdivision for use as an industJ:'ial park by Saller; 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 Plnellas 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 taxes through the year 19~. 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. Purchaser agrees to place Documentary Stamps on any Promissory Note executed. (6) Possession will be given on the date of closing which, subject to the provisions of this agreement, shall be oy{Ot'h&efor~JIt:'h day of November , 19 h~:; . (7) Seller agrees, at its expense, to furnish a Commitment 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 Commitment for Title Insurance indicates that the title to said pro- perty is merchantable and free and clear of liens and encumbrances except as herein otherwise provided, this transaction shall be there- - 2 - ~- -.... ;... < ., e 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 thereof within which to cure defects in title, and this sale shall be closed within ten (10) days atter 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 PurOhaser 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 oash payment made on this date may be retained by or delivered to the Seller as liquidated dam- ages by reason of the Purohaser'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 essenoe 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 word,s "Seller" and "Purchaser" he rein em- ployed shall be construed to include the plural as well as the sin- gular. (1.0) I' ia '...11.... ... ....,ed \tat; a ft... ("sJ panct ~. _OIl OIl. t.be 11I8." .."...... .. ~y w:U1 be pI1cl .. ".... l]M1t.. Y ..., VIe ~. .... ....1'-. 'br Uae Bdlv*- tMa 00I'.ItftQ~ _"'~byGl~. 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. CITY OF CLEARWATER, FLORIDA A municipal corporation ~~ .JiZ ~~ Manager C..----/ - 3 - ~ , .... --'~,""*, .... . .. l: . ATTEST: Signed, sealed and delivered in the presence of: ~~/~;&d .... ~~ As to Sellor ./ /' --.J e Approved as to form and correctnesst ~~f' "SELLER" J. J. "'AJCKER L 1D '~tGn, i ~~fv' "PURCHASER" - 4 -