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MARK KLEIN .~ . .!! . i -' ;< I I I I I dEAL ESTATE CONTdACT THIS AGdEEMENT, made and entered into this 18th day of March , 19 4' between CITY OF CLE ~WATER., FLOdIDA, a municipal corporation, hereinafter called "Sellertl, and MARK S. KLEIN, HIS NOMINEES and/or ASSIGNS 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 Pine11as County,' Florida: Lot-the westerly 132.008 feet of Lot 2 CLEARWATER INDUSTRIAL P &-1KREPL,AT- accord- '. '- -' -, ing to the map or plat thereof as. recorded in Plat Book 7J, Page 9J, Public Records of Pinellas County, Florida, containing 1 acres, upon the following terms and conditions: (1) The total purchase price of said property shall be the sum of $20,000 , payable at the times and in the man- ner following:. (A) $ 500. to be paid on the signing of this cgntract as earnest money deposit, re- ~ ceipt of which is hereby acknowledged by Seller. (B) Balance Cash at Closing )/ -\l 1\, 1\ N \ fl'\. ,,\..\.' :\l,j l/' : 1r9-DOS~oJ (3l\ ~ ',- -. .! ... I I I I I I (2) The property shall be conveyed by Fee Sin:pJeDeed 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 County Records, and as supplemented by amendment dated September 9, 1957, rec orded in O. R. Book 169, page 542; by amendment dated August 19, 1959, recorded in O. R. Book 680, page 63; and by amendment 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 i~proved 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 subdivision by Seller in accordance with require- ments of the Board of County Commissioners of Pinellas County, Florida, regulating development of subdivisions. It is further understood that in the event that this transaction shall be closed prior to the completion of said improvements tha~ 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 . T axe s 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 30 days after sewer, water the provisions of this agreement, shall be on or before and street are completed days from the date of this agreement. (7) Seller agrees, at its expense, to furnish a Commitment for Title Insurance frOln a reputable title company authorized to do busines s in Florida, within five (5) days after execution of this contract and, thereafter, to pay for an Owner1 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 property is merchantable and free and clear of liens and encumbrances except as herein otherwise provided, this transaction shall be there- -2- r.. ..It' ,'. ... I I 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 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 dat~ 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. (10) A Real Estate Commission in the amount of $2,000 shall be paid to Rodgers & Cummings, Inc. ., . 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 CLEAR';IATER" FLOH.IDA A municipal corporation ~~~~ Cit Manager -3- .. ----------~_._-_..<.- .----~,-_.~-"--~---,.-'"-_..----. ----p....-. ...... p, L ' ~ .. 1'1 I I I ATTEST: COUNTE.tiSIGNED: #~ (!~ Mayor-Commission Signed, sealed and delivered in. LJ3s.ence ..Of.: '. .'. ' /~ ,/ ~.(\~ ~~ ~~1O ~ As ...0 Purchaser ~t1:LLllin "PUR-CHASEd Of -4-