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GEORGE W AND JANE K HARMONY ..- , . e . ".- ."'i REAL ESTATE CONTRACT THIS AGREEMENT, made and entered into this ?J day of Ai (l,d ( , 1967, between CITY OF CLEARWATER, FLORIDA, a municipal corporation, hereinafter called "Seller ", and GEORGE W. HARMONY and JANE K. HARMONY, his wife, hereinafter called "Purchaser"; WITNESSETH: That in consideration of the mutual promises and covenants herein contained, and other valuable considerations passing between the parties hereto, the Seller agrees to sell and the Purchaser agrees to buy the following described property situate, lying and being in Pinellas County, Florida: From the SW corner of Lot 15 of Clearwater Industrial Park, according to the map or plat thereof as recorded in Plat Book 44, page 46 of the Public Records of Pinellas County, Florida; run thence North on the West side of said Lot 15, 225 feet; thence East to the East property line of said Lot 15; thence South to the South property line of said Lot 15; thence West along the South property line of said Lot 15 to the Point of Ending; containing 5. 05 acres, upon the following terms and conditions: (1) The total purchase price of said property shall be the sum of $15,907.50, payable at the times and in the manner following: (A) $1,590.75 to be paid on the signing of this contract as earnest money deposit, receipt of which is hereby acknowledged by Seller. " (B) $1,590.75 to be paid when construction of Sunshine Drive is begun. Purchaser shall give at least 90 days notice to Seller that he is ready to start construction in order that construction of road may be started. (C} Balance of $12, 726 shall be paid in three equal payments of $4, 242, one payment due four months from date of payment in paragraph (B) above; next payment due eight months from said date and the final payment due one year from date of said payment. (D) It is understood and agreed that Seller shall have the above described lot staked out. (E) When all payments on the purchase price as contemplated in Sub-Paragraphs (A), (B) and (C) above have been made, the Seller agrees to give title insurance and a warranty deed reflecting good and marketable title to the Purchaser. Any payments that are over ten (10) days late on account of this purchase shall bear interest at the rate of six per cent (6%). Possession shall be given when all payments have been ma~I:' .;J/1.. :,. -~ ,.)0 j-r-{, 1)-ObS-Ol O~) ,~ 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 de~ord Book 115, at Page 347, Pinellas County records. (4) It is understood that this property is to be improved and 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 Sl bdi vi sion by Seller in accordance with requirement s 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. fR. b 12... -\:...::. c..L!)~ IN 1 (5) Seller shall pay all taxes through the_year ~.~d~.. . () r- clj;)s I "'1 ,~/F '1 Taxes and assessments, if any, for the current year 7sra 11 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. :t61kx~~:X~~~~l<fm{~iX~:xaax:KXdIDCXXd@i~~~X~ :x~xtr~x~~X:Kd6tX~XXKS{~~~~~X~~~xxxxxxx x~~Xxxxxxxxxxxxxxxxxxxxxx~X~xxx~ (7) Seller agrees, at its expense, to furnish a Commitment for Title Insurance from a reputable title company authorized to do as set out in Sub-Paragraph (E) above, busine ss in Florida, xKl}ht>>xmxx~x~~X~XiX~JqXOO:X~X~ ~ and, thereafter, to pay for an Owner'isTitle 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- J . - 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 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. CITY OF CLEARWATER, FLORIDA A municipal corporation ~Q~4 y Manager -3- " . . -., , .. " .. ~ ~ ATTEST: Signed, sealed and delivered in the presence of: . ~~vG~_LC~/ ~~ Af~/r: ~ 7hJ ~~, ' ~ ~kc<> I'h, ~,jr(7"p(, , As to Purchaser -4- . Approved as to fo~m and correctness: ~~~ ~.."'7 """,,/ ~~ iiSELLEHH I1PU3.CHASE 11