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NICHOLAS AND CAROLINE GISH .:.-- - I I I I REAL ESTATE CC 'T1AC -"'~'''-'''''''-'----"~-- ~~'.- .-. -...'...,._----~.... THIS A GfmElVlENT , ?f~~ ~ , TiJ:;JCH:: .c... !",,"':'sre'~; J..nto this Laday of '19 76 ....J- ........__. ~ ;c ~~, '.: ~:;2 n :' :i OF CLEArDIATEi?, FLOLi.IDA, . a municip21 corpcrc1t.io'J '"d.lV". ",:, called 11 Seller!?, and NICHOLAS GISH and CAROLINE H. GISH, his wife, 6 Sachem Drive, Centerville, Mass. 02632 hereinafter called If Pur cha sex',r? ~ WI'I'NE '!' p- ! i ~ That in consideration "i':'L~ mlJ~l:\> promises and coven- ants herein contained, and. other 'f;:} u.cLbl (: c"i!Tldt~rations passing between the parties hereto, tbe ., e.::- agrc;(:;~; to sell and the Pur- chaser agrees to buy the folJulril ,:-::scribctl property situa.te, lying and being in Pinellas County: Florid2~ East 132. 16 feet of Lot One (1) of CLEARWATER DJD1J31'?.J PAf{K REPLAT, accord... ing to the map or pJrt thereof as reco~ded in Plat Be :~ 71 ~ Page 91 ~ PubllC Records of f)L:~+::.Lla s County, Florida, containinr _____1 acres, upon the following terms and conca t .l.ons; ,., (1) The total purchase JY':\(;O of said property shall be the sum of $18,500.00 , payable at the times and in the man- ner follovring: (A) $ 925. 00 ~_ to be paid on the signing of this contract as Garnest money deposit, re- ceipt of ,,'!hich is hereby ackno1trledged by Seller. (B) Balance of $17,575.00 tobe paid at time of closing. (C) '. City agrees to furnish a survey of the property .: and Purchaser will pay for concrete monume.nts. !! 1~-c05-<:)~ ~~\ (2) Tbc ]lopclty shall be conveyed by ~Xit~f}(~'c;d and shall be free and clear of all encmTIbrances 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, a.nd recorded in Official Record Book 115, at Page 347, Pincllas County Records, and as supplelncnted by anlendlTIent dated September 9 , 1957, recorded in O. R. Book 169, page 542; by amendment dated August 19, 1959, recorded in O. R. Book 680, page 63; and by amendlTIent dated September 23, 1968, recorded in O. R. Book 2914, page 516, said 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 im,proved and completed and drainage will be installed in said subdivision by SeHer in accordance with require- ments of the Board of County Comn'lissioners of Pinellas County, Florida, regulating developnwnt of subdivisions. It is further under stood 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 76 .. 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 promis sory note executed. (6) Possession will be given on the date of closing which, subject to the provisions of this agreelTIent, shall be on or before ninety (90) sewage line is installed. days from the date ~~ (7) Seller agrees, at its expense, to furnish a Commitment for Title Insurance from a reputable title company authorized to do busines s in Florida, within J~:~ ~a~s after execution of this contract and, thereafter, to pay for an Owner's Title Policy in the face amount of the purchase price if the san'le is issued. In the event said COlTIluitment for Title Insurance indicates that the title to said property is merchantable and free and clear of liens and encurrlbrances except as herein otherwise provided, this transaction shall he there- -2- I I I I 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 v[hich 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-- rninate. 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 Elade on this date may be retained by or delivered to the Seller as liquidated dam- ages by reason of the Purchaserfs 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 agr8ements 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. '" (10) Seller recognizes Frank W. Leach & Associates, Inc. as the broker negotiating this sale and agrees to pay a commission of $1,850.00 for such sale. (11) The parties hereto agree that the final sale of this property is also contingent upon the Purchasers I ability to obtain a mortgage loan. IN WITNESS ~HEREOF, 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 CLEill1WATEJ, FLOJIDA A munic'pal corpor tion -3- I I I I '- ATTEST: -- COUNTEdSIGNED: Signed, sealed and delivered in the presence of~ 1<~ ~~ L ,",0 X~~, !Is to Seller arm and correctness: H SELIJEi'{ n Cd~~ Nicholas Gish ~O( q,4~? As to Purchaser ~~ Caroline H. Gish Then personally appeared before me Nicholas Gish and Caroline H. Gish foregoing to be their free act and My commission the above named and acknowledged the deed. " ;0 A ~. ~~~ expires 12/31/82. IiPUl1CHA.5El~ " . .. -' . - - ,'- - -. :..--~ ..;. "- '--< -1~-