MORRIS, BRIAN AND CATHERINECONTRACT FOR PURCHASE OF REAL PROPERTY
BY
THE CITY OF CLEARWATER, FLORIDA
PARTIES: Brian and Catherine Morris, whose mailing address is 1529 Nursery Road,
Clearwater, FL 33756 (herein "Morris"), and City, THE CITY OF CLEARWATER,
FLORIDA, a municipal corporation of the State of Florida (herein "City"), whose post office
address is P.O. Box 4748, Clearwater, Florida 33768, (collectively "Parties") hereby agree
that the City shall be granted an easement over the following described property
("Property") subject to the terms and conditions of this Contract and any associated riders
or addenda ("Contract").
1. PROPERTY DESCRIPTION:
The "Property" as herein defined shall be:
Street Address: 511 Brookside Drive
Property Tax ID #: 13-29-15-12096-000-0330
Legal Description: See attached sketch of drainage easement as Exhibit "A"
Personal Property to be included: N/A
Morris is granting a permanent and perpetual drainage easement over a portion of
Morris' Property, which shall be further described in Exhibit "A", which is attached hereto
and made a part hereof (the "Drainage Easement").
Morris is also granting a temporary access easement over a portion of Morris'
Property, which shall be further described in Exhibit "B", which is attached hereto and made
a part hereof (the `Temporary Access Easement") (together, the Drainage Easement and
the Temporary Access Easement may be referred to as the "Easement').
2. PURCHASE PRICE:
The City's payments for
Drainage Easement: $12,000.00
Temporary Construction Easement: $4,000.00 for 120 calendar days to begin from
the mobilization of the contractor; and $4,000.00 to purchase an additional 60 days,
if required, with 20 days advance notice; and $9,000.00 to purchase an additional 90
days, if required, with 20 days advance notice.
Attorney & Professional Fees: Up to $15,000.00 upon verification of the
professional's invoices.
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The Parties agree that this payment represents the full and complete, just compensation
as required by law, and waive all associated claims by entering into this Contract. The City
agrees to provide monthly status reports to Morris.
3. MANNER OF PAYMENT: Wire in U.S. funds at time of Closing.
4. TIME FOR ACCEPTANCE OF OFFER AND COUNTEROFFERS; EFFECTIVE DATE:
a) Effective Date and Contract Times. This Contract shall be binding and effective only upon
the date of the City Manager's signature. All stated times herein shall be counted as
Calendar days. Morris may choose to sign this Agreement at the date and time the City
Manager signs.
b) Counteroffer. Counteroffers must be made within three (3) days of the delivery of this
contract by email to the Morris's counsel.
a) Expenses. City will pay any closing costs, including the recording of any instruments of
conveyance. The City shall pay for the drafting of any survey, legal and sketches or other
instruments as stated herein by this Contract, including all exhibits.
5. LEASES; OCCUPANCY; POSSESSION:
a) Morris warrants that there are no parties in possession or others that would obstruct or
impair the Easement interests that are the subject of this Agreement.
b) Morris is responsible for maintaining the Property in a substantially similar condition from
the Effective Date of this Contract through to the Closing Date.
c) The City is responsible for maintaining the Easement. Specifically, the City shall be fully
responsible for the use, maintenance, repair, upkeep, and cleanliness of the Drainage
Easement. Further the City shall be fully responsible to, at all time during the exitance of
the Temporary Access Easement, to maintain, repair, upkeep and keep clean the
Temporary Access Easement. The City will further restore the Temporary Access
easement to its rightful condition, less any ordinary wear and tear, prior to termination of
the Temporary Access Easement.
d) The City shall make reasonable efforts to ensure that the available amount of parking is not
diminished in the number of spaces available to Morris, its guests, invitees, customers,
employees, and shall take no enforcement action against Morris or the adjacent property
for any temporary loss of parking that may result from the City's construction.
e) The City shall not in any manner inhibit the reasonable access for Morris and its storage
tenants located at the Property. In doing so, the City shall leave a reasonable path for the
traversing of vehicles and pedestrians along the storage building located at the Property.
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f) The City shall not use the Property for staging, or equipment storage.
g) The City agrees that it will not move, alter, or replace the existing signage of Clearwater
Bagels.
h) The City hereby warrants that it will make all reasonable actions to complete its
construction project as quickly as possible in order to restore the Property, and Adjacent
Property to their normal working and existing status prior to the City's construction
project.
6. DISCLOSURES; PROPERTY CONDITION; INSPECTIONS:
a) Property Condition. Morris shall maintain the Property, less the Easement in its present
"as is" condition, ordinary wear and tear excepted, which shall include the landscaping and
grounds in a comparable condition. Morris shall notify the City of any significant
maintenance (and shall provide any Contractors written release, if applicable) that must be
performed between the Effective Date and the Closing Date of this Contract. City may
schedule walk-through inspections at any reasonable time to confirm that the Morris has
complied with this Paragraph at any time prior to Closing. The City shall maintain the
Easement at all times.
b) No Morris Warranties. Morris makes no warranties as to the condition of the property or its
fitness for the City's use. City assumes the property in its condition as -is at the time of
entering into this Contract.
7. 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.
8. ASSIGNABILITY; PERSONS BOUND
The City may not assign this Contract without written approval from both Morris. The terms
"City", "Morris", and "Professional" (if any) may be singular or plural. This Contract is
binding upon City, Morris, and their heirs, personal representatives, successors, and
assigns (if assignment is permitted).
9. 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.
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10. 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 day of (*V) , 2025 by Morris.
gi/W MO g S
r' - n Morris
Signature
ea4)-orifoe__ MoR -t '
Catherine Morris
C)L4Y1J2);C) )163/A c
Signature
[CITY SIGNATURES ON FOLLOWING PAGE]
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APPROVED BY CIT &
EFFECTIVE this 11 day of ci , 2025.
CITY OF CLEARWATER, FLORIDA
Ap • LC- d as to form:
Jerrod '1 pson
Senior sistant City Attomey
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By:
Attest:
JennifPoirrier
City Manager
Rosemarie CaII
City Clerk
at
EXHIBIT "A"
Drainage Easement
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EXHIBIT "B"
Temporary Construction Easement
Simpson, Jerrod
From: Poirrier, Jennifer
Sent: Thursday, May 1, 2025 10:19 AM
To: Simpson, Jerrod; Slaughter, Daniel
Subject: RE: Drainage Easement and Agreement on Construction Activity for 511 Brookside Drive
(Brian Morris) - JP File 159752
Thank you — I support and approve.
Jennifer Poirrier
City Manager
City of Clearwater
727-444-7171
From: Simpson, Jerrod <Jerrod.Simpson@MyClearwater.com>
Sent: Thursday, May 1, 2025 9:31 AM
To: Poirrier, Jennifer <Jennifer.Poirrier@MyClearwater.com>; Slaughter, Daniel <Daniel.Slaughter@MyClearwater.com>
Subject: RE: Drainage Easement and Agreement on Construction Activity for 511 Brookside Drive (Brian Morris) - JP File
159752
Good Morning Jennifer, you had previously approved this drainage easement purchase, but the property owner
has countered with slightly different numbers. The property owner is most concerned about the disruption of their
business during construction of the project, so they restructured the numbers to make it more expensive for the
City to take a long time. Here is a comparison for your convenience:
City offer - $12,000.00 for the drainage easement, and $6,000.00 for the temporary construction easement for an
initial 180 -day duration, with one, three-month extension at $6,000.00. Attorney's fees will be compensated up to
$15,000.00 upon showing invoices that explain billable hours.
Property Owner's counter - Drainage Easement: $12,000.00 - Temporary Construction Easement: $4,000.00 for
120 calendar days to begin from the mobilization of the contractor; and $4,000.00 to purchase an additional 60
days, if required, with 20 days advance notice; and $9,000.00 to purchase an additional 90 days, if required, with
20 days advance notice. Attorney & Professional Fees:Up to $15,000.00 upon verification of the professional's
invoices.
I believe that we can put time restrictions on the contractor and recoup this money through liquidated damages if
we have to buy these extensions, so I recommend approval of these terms. Marcus and PW team have reviewed
and also recommend approval. Please let me know if you approve and I will move to get this executed. Thanks!
Jerrod V. SIVYIpsoh,13.C.S.
Senior Assistant City Attorney
Board Certified Specialist in Real Estate Law
600 Cleveland St,
Clearwater, FL 33755
(727) 444-7148
Please note that all correspondence with me is subject to Public Records Laws found in Florida Statutes Chapter
119.
Hi Jerrod, following up on this. Hope we can get everything finalized soon.
Best,
We've moved! Please note our new address.
Bryan Dion
Attorney
727-999-9900 Office 727-800-5981 Fax
360 Central Avenue Suite 500. St. Petersburg. FL 33701
www.jpfirm.com 1 vCard 1 email
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individual or entity named above. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution, printing or
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telephone or e-mail. Thank you.
From: Bryan Dion
Sent: Friday, March 21, 2025 2:02 PM
To: Simpson, Jerrod <Jerrod.Simpson@MyClearwater.conn>
Subject: RE: Drainage Easement and Agreement on Construction Activity for 511 Brookside Drive (Brian Morris) - JP File
159752
Hi Jerrod, attached is the clean version of the Contract (with the removal of the Purchase Price line, and
adjustment of the Exhibits), along with a clean and compare of both easements.
We believe this should finalize the discussions, and once both sides are ready to sign, we will be willing and ready.
Best,
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