HORIZON HOME BUILDERS
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AGREEMENT FOR PURCHASE AND SALE OF REAL PROPERTY
THIS AGREEMENT, made and entered into this J 5
day of
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,1986, by and between the CITY OF CLEARWATER,
FLORIDA, a municipal corporation, hereinafter referred to as "Seller," and HORIZON
HOME BUILDERS, INC., a Florida corporation, 3600 Central Avenue, St. Petersburg,
Florida 33711, hereinafter referred to as "Purchaser;"
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
real property ("Property"), situate in Pinellas County, Florida, described as follows, to
wit:
Lot 16, Block H, Fairmont Subdivision, according to the Plat thereof
as recorded in Plat Book 9, page 85, of the Public Records of Pinellas
County, Florida.
Subject to any easements and restrictions of record.
1. Purchase Price. The total purchase price of the Property shall be in the sum
of Three Thousand Six Hundred Dollars ($3,600.00), five percent or $180.00 payable on
the signing of the Agreement, five percent or $180.00 payable on approval by the City
Commission, and the balance payable in full at closing, subject to adjustments and
prorations.
2. Closing Date. The closing shall be within sixty (60) days following the date of
the full execution of this Agreement, unless extended by other provisions of this
Agreement.
3. Conveyance. Seller agrees to convey fee simple title to the Property to
Purchaser by statutory Warranty Deed, free and clear of all liens and encumbrances,
except those set forth in this Agreement, if any, and those otherwise accepted by
Purchaser.
4. Title Insurance. Purchaser agrees to purchase at its expense a title insurance
policy from a Florida licensed title insuror and to obtain with reasonable diligence, but
not less than twenty (20) days prior to closing, a commitment for title insurance in the
amount of the purchase price, which commitment shall show a marketable,
unencumbered, fee simple title to the Property in the Seller, subject only to zoning,
restrictions of record, taxes for 1986 and subsequent years, and public utility
easements; and to liens, encumbrances, exceptions or qualifications set forth in this
Agreement, and those which shall be discharged by Seller at or before closing. The
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Purchaser shall have a reasonable time after the delivery of said commitment for the
examination thereof and within said period but not less than ten (10) days prior to
closing shall notify the Seller in writing of any objections to said title. If such
notification is not given within the time specified herein, then the title shall be
conclusively deemed to be acceptable to the Purchaser. In the event that the title of
the Seller is not good and marketable, the Seller shall have a reasonable time
thereafter, but not more than one hundred twenty (120) days from receipt of notice
from the Purchaser, to make a diligent effort to perfect the title; and if the defects
are not cured within such time, the Purchaser may either cancel this Agreement or
waive the defects and accept the Property without deduction on account of said
def ects.
5. Brokers' Commissions. In the event that any broker is entitled to payment of
a real estate commission because of this transaction, any such commission shall be
paid by Purchaser.
6. Documents for Closing. Seller shall furnish deed, mechanic's lien affidavit,
and any corrective instruments that may be required in connection with perfecting
title, together with the closing statement.
7. Survey. Purchaser may obtain at its expense a survey. If the survey shows
any encroachment on the Property or that improvements intended to be located on the
Property encroach upon setback lines, easements, lands of others, or violate any
restrictions, covenants or applicable governmental regulations, the same shall be
treated as a title defect if brought to the attention of the Seller not less than ten (10)
days prior to closing.
8. Expenses. The Purchaser shall pay for the documentary stamps to be placed
on the Warranty Deed and the costs for recording same. The Seller shall pay only the
cost of recording any instruments that may be required in connection with perfecting
the title.
9. Persons Bound; Agreement Not Assignable. This Agreement shall be binding
on the parties hereto and their respective personal representatives, heirs, executors,
administrators, and successors. Neither this Agreement nor any rights hereunder shall
be assignable.
10. Agreement Not Recordable. Neither this Agreement nor any notice thereof
shall be recorded in the public records of Pinellas County, but this Agreement shall be
deemed a record available for public inspection in the offices of the Seller pursuant to
the Public Records Law of Florida.
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IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day
and year first above written.
Approved as to form
and correctness:
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As to Purchaser
By:
Attest:
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City C!erk .::'" '..,.,.. :-
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SELLER> - - .-.-
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Attest:
PURCHASER
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