RACHAEL ANNE BRINSONCONTRACT FOR PURCHASE OF VACANT REAL PROPERTY
BY
THE CITY OF CLEARWATER, FLORIDA.
PARTIES: Seller, RACHAEL ANNE BRINSON, whose mailing address is 1400 Gandy
Blvd N, Unit# 1008, Saint Petersburgh, FLORIDA, 33702 and Buyer, THE CITY OF
CLEARWATER, FLORIDA, a municipal corporation of the State of Florida (herein "Buyer"
or "City"), whose post office address is P.O. Box 4748, Clearwater, Florida 33768,
(collectively "Parties") hereby agree that the Buyer shall buy the following described vacant
property ("Property") subject to the terms and conditions of this Contract and any
associated riders or addenda ("Contract").
1. PROPERTY DESCRIPTION:
Street Address: 2998 Lake Vista Drive, Clearwater, FL 33759
Property Tax ID #: 08-29-16-00000-410-0100
Legal Description: See attachments "A" & "B"
Together with all existing improvements and fixtures, unless specifically excluded by the
terms of this Contract.
Personal Property to be included: N/A
Parcel landowner dedication shall occur upon mutual terms.
2. FULL PURCHASE PRICE: $450,000.00 Dollars.
3. MANNER OF PAYMENT: Wire in U.S. funds at time of Closing.
4. TIME FOR ACCEPTANCE OF OFFER AND COUNTEROFFERS: EFFECTIVE DATE:
a) City Council Approval. Seller acknowledges that this Contract is subject to the express
approval of the City Council for the City of Clearwater. Seiler agrees to maintain the price,
terms and conditions of this Contract as an open offer, exclusive to the City for a period of
60 days following Seller's execution and delivery of this Contract to the City. In that time,
the City staff shall present this Contract to the City Council for consideration. The City
Council may accept, reject, or direct the City Staff to make a counteroffer to the Seller.
b) Acceptance. If this Contract is accepted and approved by the City Council, it will be
executed by duly authorized City officials and delivered to the Buyer within 15 days.
c) Rejection. If this Contract is rejected by the City Council, the Seller's exclusive offer of sale
to the City shall expire the following day. If the City fails to gain the approval of the City
Council within the 120 -day open offer period, the time may be extended in the Seller's
discretion.
1
d) Counteroffer. If the City Council directs the City staff to make a counteroffer, it shall be
delivered to Seller in writing within 30 days, and Seller shall have 15 days thereafter to
deliver to Buyer written notice of acceptance or rejection of such counteroffer. If written
notice of acceptance is not timely delivered, or if the counteroffer is rejected by Seller, the
open offer period shall expire.
e) Effective Date. This Contract shall be binding and effective upon the date of the last Party's
signature.
5. WARRANTY OF TITLE: TITLE EVIDENCE:
a) General Warranty Deed. Seller warrants legal capacity to convey marketable title to the
Property by General Warranty Deed, subject only to matters acceptable to Buyer pursuant
to this paragraph. Title shall be free of liens, easements and encumbrances, except for
covenants, restrictions, and public utility easements of record, and subject to property taxes
for the year of closing. Seller warrants that no violation of the foregoing exists and that
nothing would prevent Buyer's intended use of the Property. Seller further warrants that
there is ingress and egress to the Property sufficient for Buyer's intended use.
b) Title Insurance. At the Buyer's expense and at least 20 days prior to closing, Buyers shall
secure a title insurance commitment issued by a Florida licensed title insurer agreeing to
liens, encumbrances, exceptions, or qualifications set forth in this Contract, and those
which shall be discharged by Seller at or before Closing. Seller shall convey a Marketable
Title as defined by the terms of this Contract.
c) Cure Period. Marketable Title shall be determined according to the Uniform Title Standards
adopted by The Florida Bar and applicable law. Buyer shall have 60 days from receiving
evidence of title to examine it and notify the Seller of any defect. If the defect(s) render title
unmarketable, Seller will have 120 days from receipt of Notice within which to cure the
defect(s), failing which Buyer shall have the option of either accepting the title "as is" or
terminating this Contract. Seller will make diligent efforts to correct defect(s) in title during
the 150 -day cure period, including executing documents and/or initiating litigation if
necessary.
d) Survey. At Buyer's expense and at least 30 days prior to closing, Buyer may have the
Property surveyed and certified to the Buyer by a registered Florida land surveyor. If that
Survey shows any encroachment on the Property, or any improvements that encroach on
setback lines, easements, lands of others, or otherwise violate any restrictions, contract
covenants or an applicable governmental regulation, the same shall be presumed a title
defect and subject to the Cure provisions above.
6. CLOSING DATE AND EXPENSES:
a) Date and Place. Buyer shall designate at no penalty a Title closing company ("Closing
Agent") and this transaction shall be closed in the offices of the designated closing agent
in Pinellas County, Florida, within 150 days of the Effective Date unless extended by the
Parties, or by an applicable provision of this Contract. If either Party cannot close, after
making all reasonable and diligent efforts to comply, then upon written notice to the other
Party, time of closing may be extended up to 150 days.
2
b) Documents. Seller shall execute all documents requested by the Closing Agent to
effectuate a valid conveyance in a timely manner, including but not limited to closing
statements for the respective Parties, deed, bill of sale (if applicable), mechanic's lien
affidavit, assignments of leases, tenant and mortgage estoppel letters, corrective
instruments, and Statements of Authority or Corporate Resolutions authorizing the sale, or
any other documents applicable to the transaction.
c) Expenses. Seller & Buyer shall pay the following closing expenses:
1) Seller- documentary stamps on the deed, unless exempt under Chapter 201.24, Florida
Statutes;
2) Buyer- the costs of recording any corrective instruments;
3) Seller- assessments for any improvements that are substantially complete at time of
closing;
4) Seller- any taxes due but uncollected through to the day prior to closing.
Buyer shall pay for the recordation of the deed and any restrictive covenants, if applicable.
d) Payment of Taxes and Assessments. Seller is responsible for taxes, assessments, fees,
and any other financial obligation related to the Property through to the day before Closing.
Closing Agent shall collect from the Seller all ad valorem taxes due and deliver payment to
the Pinellas County Tax Collector with notification to thereafter exempt the Property from
taxation as provided in Chapter 196.012(6), Florida Statutes. If the amount of taxes and
assessments for the current year cannot be ascertained, rates for the previous year shall
be used with due allowance being made for improvements and exemptions. Closing Agent
shall reimburse the Seller in the event that the estimate based on the previous year is more
than the actual amount due, and Seller shall be responsible for covering the difference if
the estimate based on the previous year is less than the actual amount due.
e) Broker & Legal Fees. If either Party chooses to be represented by a Licensed Real Estate
Broker/Agent or have Legal representation/review in this transaction, then the requesting
Party solely shall be responsible for any such fees or expenses due.
7. LEASES; OCCUPANCY; POSSESSION:
a) Seller warrants that there are no parties in possession other than the Seller; that there
are no tenants; and that no leases exist, recorded or unrecorded that would prevent the
Seller from delivering complete possession of the Property to the Buyer at closing. If
Property is intended to be rented or occupied beyond closing or tenants or other parties
in possession do exist, the fact and terms thereof shall be disclosed as part of the
Seller's Disclosures described below. Seller agrees to deliver occupancy of the Property
at time of closing unless otherwise accepted by the Buyer after proper disclosure from
the Seller.
b) Seller is responsible for maintaining the Property in a substantially similar condition from
the Effective Date of this Contract through to the Closing Date. If Seller allows
occupancy, tenancy or lease for use of the Property prior to closing or prior to the
expiration of this Contract, such action shall constitute a material breach of this Contract
allowing for the Buyer to terminate immediately.
3
8. DISCLOSURES: PROPERTY CONDITION: INSPECTIONS:
a) Seller's Disclosures. No later than 30 days after the Effective Date of this Contract, Seller
shall deliver, at Buyer's request, written disclosures regarding the following:
• All written leases and estoppels letters from each tenant specifying the nature and duration
of the tenant's occupancy.
• Radon Gas Disclosure as required by Florida Statute.
• Affirmation that Seller does not know of any work or improvements to the Property which
were made without required permits. If work or improvements were made without Permit,
Seller agrees to provide all available documentation to assist in obtaining or closing permits.
• Any available information or documentation related to mold, lead based paint, or sink holes.
• Homeowners' Association information and documents, if applicable.
• Property Tax Disclosure Summary.
• Certification of non-foreign status or if the Seller is a "foreign person" as defined by the
Foreign Investment in Real Property Tax Act, Seller shall notify the Buyer and Closing
Agent in writing, so that proper withholdings are made at Closing.
• "Disclosure of Beneficial Interests" required pursuant to Section 286.23, Florida Statutes.
• Statement that Seller knows of no facts that would materially affect the value of the Property
which are not readily observable. Except that Seller makes no warranty or representation
of any type as to the physical condition or history of the property.
b) Propertv Condition. Seller shall maintain the Property until time of closing in its present "as
is" condition, ordinary wear and tear excepted, which shall include the landscaping and
grounds in a comparable condition. Seller shall notify the Buyer of any significant
maintenance that must be performed between the Effective Date and the Closing Date of
this Contract. Buyer may schedule a "final walk-through inspection" to confirm that the
Seller has complied with this Paragraph at any time 5 days prior to Closing.
c) Inspection Period. At Buyer's expense and within 90 days following the Effective Date
("Inspection Period"), Buyer may conduct inspections, tests, environmental and any other
investigations of the Property Buyer deems necessary to determine suitability for Buyer's
intended use. Seller shall grant reasonable access to the Property to Buyer, its agents,
contractors and assigns for the purposes of conducting the inspections provided; however,
all such persons enter the Property and conduct the inspections and investigations at their
own risk. Seller will, upon reasonable notice, provide utilities services as may be required
for Buyer's inspections and investigations. Buyer shall not engage in any activity that could
result in a mechanics lien being filed against the Property without Seller's prior written
consent. Buyer is self-insured, and subject to the limits and restrictions of the Florida
Sovereign immunity statute, F.S. 768.28. Buyer agrees to indemnify and hold harmless
the Seller from claims of injury to persons or property during the inspections and
investigations resulting from the negligence of Buyer's, its employees or agents only, and
subject to the limits and restrictions of the sovereign immunity statute.
d) Termination During Inspection Period. Buyer may terminate this Contract with written
notice to Seller prior to expiration of the Inspection Period for any reason in the Buyer's
sole discretion. In the alternative, Buyer may request repairs or other remedies as
4
applicable, for the Seller to perform, and the Seller may agree to perform said repairs or
remedies. The Parties may elect to negotiate a credit at closing for the total estimated
repair costs as determined by a licensed general contractor of Buyer's selection. Any
agreement to remedy or make repairs on the Property shall be in writing and signed by
both the Parties. If Buyer terminates this Contract during the Inspection Period, Buyer shall
repair, at Buyer's expense, all damages to the Property resulting from Buyer's inspections
and investigations and shall return the Property to substantially similar condition as the time
of the Effective Date.
9. RISK OF LOSS
If the Property is damaged by fire or other casualty before closing and cost of restoration
does not exceed 5% of the assessed valuation of the Property so damaged, cost of
restoration shall be an obligation of the Seller and closing shall proceed pursuant to the
terms of this contract with restoration costs escrowed at closing. If the cost of restoration
exceeds 5% of the assessed valuation of the improvements so damaged, Buyer shall have
the option of either taking the Property "as is", together with any insurance proceeds
payable by virtue of such Toss or damage or terminating this Contract.
10. PROCEEDS OF SALE; CLOSING PROCEDURE:
The deed shall be recorded upon clearance of funds. Proceeds of sale shall be held in
escrow by the Closing Agent, or by such other mutually acceptable escrow agent for a
period of no longer than 5 days from and after closing, during which time evidence of title
shall be continued at Buyer's expense to show title in Buyer, without any encumbrances or
change which would render Seller's title unmarketable from the date of the last title
evidence. If Seller's title is rendered unmarketable through no fault of the Buyer, Buyer
shall, within the 15 -day period, notify the Seller in writing of the defect and Seller shall have
30 days from the date of receipt of such notification to cure the defect. If Seller fails to
timely cure the defect, all funds paid by or on behalf of the Buyer shall, upon written demand
made by Buyer and within 5 days after demand, be retumed to Buyer and simultaneously
with such repayment, Buyer shall vacate the Property and reconvey it to Seller by special
warranty deed. If Buyer fails to make timely demand for refund, Buyer shall take title "as
is", waiving all rights against Seller as to any intervening defect except as may be available
to Buyer by virtue of warranties contained in the deed.
The escrow and dosing procedure required by this provision may be waived if the Title
Insurance Commitment covers adverse matters pursuant to Fla. Stat. Section 627.7841,
as amended.
11. NOTICE
All notices provided for herein shall be deemed to have been duly given if and when
deposited in the United States Mail, properly stamped and addressed to the respective
party to be notified at the address listed above.
12. ASSIGNABILITY; PERSONS BOUND
This Contract is not assignable without written approval from both Parties. The terms
5
"Buyer", "Seller", and "Broker" (if any) may be singular or plural. This Contract is binding
upon Buyer, Seller, and their heirs, personal representatives, successors, and assigns (if
assignment is permitted).
13.ATTORNEY FEES: COSTS; SPECIFIC PERFORMANCE AVAILABLE:
In any litigation arising out of this Contract, the prevailing party shall be entitled to recover
reasonable attomey's fees and costs. If this transaction is not closed due to any default or
failure on the part of the Seller, other than to make the title marketable after diligent effort,
Buyer may seek specific performance or unilaterally cancel this Contract upon written
notice to Seller. If this transaction is not closed due to any default or failure on the part of
the Buyer, Seller may seek specific performance. If a Broker is owed a brokerage fee
regarding this transaction, the defaulting party shall be liable for such fee.
14. CHOICE OF LAW: SEVERABILITY; INTEGRATION:
This Contract shall be govemed by, construed, and enforced in accordance with the laws
of the State of Florida. If any provision of this Contract is held to be invalid, the Parties
agree that the remaining provisions shall be deemed to be in full force and effect as if they
had been executed by both Parties subsequent to the expungement of the invalid provision.
This Contract shall constitute the entire agreement between the Parties, and supersedes
any and all prior and contemporaneous written or oral promises, representations or
conditions. All prior negotiations, agreements, memoranda or other writings shall be
merged herein. Any changes to be made in this agreement shall only be valid when
expressed in writing, signed by the Parties as an amendment to this Contract.
EXECUTED this 27 day of February
Rac444
hael Brinson (Feb 27, 2025 16:27 EST)
Seller's Signature
Rachael Brinson
Print Seller's Name
, 2025 by Seller.
[CITY OF CLEARWATER SIGNATURE PAGE TO FOLLOW]
6
APPROVED BY BUXgR &
EFFECTIVE this (0 day of �1
, 2025.
CITY OF CLEARWATER, FLORIDA
By:
Appro. as to form: Attest:
•
Jerrod
pson
Senior , sistant City Attorney
7
Jennirri r
City Manager
fit
Rosemarie Call
City Clerk
Exhibit "A"
Property Summary
Parcel: 08-29-16-00000-410-0100
Last Transfer: 08/24 1 $100(U) OR 22911/2161
Parcel Detail 1 Tax Estimator 1 Comp Sales
Information I Flood Map I Zoning Map
Street View 1 Angled Aerial Views
First Owner Brinson, Rachael Anne
Second Owner N/A
Property Address 2998 Lake Vista Dr
Subdivision NONE
Living Units 0
Current Tax District Clearwater
Living SF 1 Gross Area n/a 1 n/a
Land Area 1.183 acres 1 51,527 sf
Year Built n/a
Property Use 0090 Vacant Residen ...
Plat or Condo Bk/Pg /
Value Year 2024
Just Value $434,665
Assessed Value $429,873
Taxable Value $429,873
gZoom to
Legal Description
PART OF NE 1/4 OF SE 1/4 OF SEC 8-29-16 DESC AS FROM NE COR OF SE 1/4 OF SEC TH S00D14'20"W
363FT FOR POB TH SOOD 14'20"W 230FT TH N89D 20'3
8
Exhibit "B"
APPRAISAL OF REAL PROPERTY
LOCATED AT
2988 Lake Visa Dr
Cleenvater, FL 33759
See report for Lepel Dee«Iptiai
FOR
City aOMrwmer
100 S. Myde Averse, CNeiwelar, FL 33758
OPINION OF VALUE
450,000
AS OF
01Hfit2025
BY
Jeffrey A. Canino - Cat Res RD7743
AmeriPROE Appraisal Com.
(561)827-8688
JCardeo@AmeriPRlDEappraka.corn
9