ROBERT A BINDER
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AGREEMENT FOR PURCHASE
AND SALE OF REAL ESTATE
THIS AGREEMENT made and entered into this 241!lZdayof
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FLORIDA,
, A. D. 1979, by and between the CITY OF CLEARWATER,
ROBER T A. BINDER And N ASH- T o~rELL rROrER TIEE;;,
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cerF'"''' ..IUR't; or ~ assigns, hereinafter referred to as Purchaser;
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a municipal corporation, hereinafter referred to as Seller, and
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IMC.-,--a PluL .iJa ""',
WITNESSETH:
That in consideration of the payments and covenants herein provided,
and other good and valuable considerations, Seller agrees to sell and Purchaser
agrees to buy the following described real estate situate in Pinellas County,
Florida, to wit:
Lots 5, 6 and 7, Block 7, Gould and Ewing First Addition
to Clearwater Harbor as recorded in Plat Book 1, page 24
of the Public Records of Hillsborough County, Florida, of
which Pinellas County was once a part; and the following
described lands: Start at the SE corner of Lot 7, Block 7
Gould and Ewing First Addition as recorded in Plat Book 1,
page 53 of the Public Records of Hillsborough County, Florida,
of which Pinellas County was once a part, for the P. O. B. ;
thence run N 04057'56" E, 70.17 feet; thence run S 89013'00"
E, 117.00 feet; thence run S 04057'56" W, 73.41 feet; thence
run N 88004'44.5" E, 117 t. feet, along the North line of
Hendrix Street to the P. O. B., also known as Fire Station #1,
105 North Garden Avenue, Clearwater, Florida,
at and for the total sum of $147, 000, payable at the times and in the manner
following:
$14, 700.00 to be paid upon execution of this agreement, receipt of
which is hereby acknowledged by the Seller, and the balance of the total
purchase price of $132, 300.00 shall be paid in cash upon closing which shall
be on or before ninety (90) days from the date hereof.
IN CONSIDERATION WHEREOF, Seller agrees to convey said property
to said Purchaser by good and sufficient fee simple deed, with a marketable
title, free and clear of all encumbrances of record. Seller shall affix the
proper documentary stamps on the deed, and Purchaser shall record same.
Seller shall give to Purchaser within fifteen (15) days from date
hereof title insurance commitment, certified to the date of this agreement or
later, evidencing a good record, unencumbered title. Purchaser shall
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have fifteen (15) days after delivery of title insurance commitment for
examination and acceptance thereof, and/or to notify Seller, in writing,
of any objections to said title. If no notification is received by Seller
within said time, then said title shall be conclusively deemed to be
acceptable to Purchas ere In the event Seller's title is not good and
marketable of record, it shall have a reasonable time to thereafter perfect
same, and if such defects are not cured within such reasonable time, then
Purchaser may cancel this contract, or waive the defects. If Purchaser
shall default under this contract, the earnest money deposit shall be
retained by Seller in lieu of liquidated damages and/or as rental for the
premises.
The Purchaser shall pay Rodgers &: Cummings, Inc. and Herbert
R. Mayers, Registered Real Estate Brokers, a fee of $14, 700 which shall
be shared under a separate agreement and the Purchasers shall hold the
City harmless for any realty commission and fee due.
TpefQllowing cQmtigenCi~~ ehall be satisfied before the closing:
(a) Buyer shall have 90 days after acceptance of all parties to
secure a loan, not to exceed 75% of the total of the acquisition price, plus
improvements to the subject property from a recognized institutional lend~e-"--:-J. (;
Said loan's suitability to be determined solely by the Purchaser. In the event'~
loan is vQsuLtable, earneP.t money to be returned pro~~tly.
(b) 'fhe sale shall be subject to the City of Clearwater's approval ~
of a site plan permitting not less than 12,000 square feet of rentable office
space and meeting all City codes and restrictions.
(c) The sale shall be subject to an engineer's opinion as to the
structural soundness of the basic building and its suitability for the contemplated
improvement, which contingency shall be satisfied within 30 days from date of
acceptance of all parties.
The sale shall clos e in cash from certified funds within fifteen (15)
days of satisfaction of all the contingencies, but no longer than 90 days total;
however, Purchaser reserves the right to complete the transaction and ~aive
any of the aforementioned contingencies.
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Should Purchaser be unable to complete the purchase of this property
within the ninety (90) day period provided herein or should Purchaser not be
able to satisfy and ~omplete each of the contigencies set forth herein within
such ninety (90) day period. then the Seller may terminate this agreement
and retain the down payment of $14, 700.00 as liquidated damages.
This Agreement shall be binding on the respective heirs. executors.
administrators. successors and assigns of the parties.
IN WITNESS WHEREOF, the parties hereto have set th~ir hands
and seals the day and year first above written.
Countersigned:
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v/oe - Mayor-Commissioner
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Approved as to form and
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Attest:
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City Clerk
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Witnesses: ~-', ~
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As to Purchaser
(SEAL)
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