EMMALINE LITTLE BOWERSCONTRACT FOR PURCHASE OF EASEMENTS
BY
THE CITY OF CLEARWATER, FLORIDA
PARTIES: EMMALINE LITTLE BOWERS, whose mailing address is 1202 Vista Way,
Clearwater, FL 33755 (herein "Seller"), 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 easements 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: 1202 Vista Way, Clearwater, FL 33755
Property Tax ID #: 03-29-15-36666-001-0130
Legal Description: See attached Exhibit's "A" & "B"
Personal Property or Fixtures: N/A
Seller is granting a permanent and perpetual public utility and/or right of way
easement as specified over a portion of Seller's Property, which shall be further described
in Exhibit "A", which is attached hereto and made a part hereof (the "Easement").
Seller is also granting a temporary construction easement over a portion of Seller's
Property, which shall be further described in Exhibit "B", which is attached hereto and made
a part hereof (the "Temporary Construction Easement") (together, the Drainage Easement
and the Temporary Access Easement may be referred to as the "Easement(s)").
2. PURCHASE PRICE:
Easement: $28,160.00
Temporary Construction Easement: $2,640 for 270 days and then
$2,640 for each additional 120 -
day extension
Professional Fees or Convenience Costs: $ N/A
The Parties agree that this payment represents the full and complete, just compensation
as required by law in exchange for these property interests, and waive all associated claims
by entering into this Contract.
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3. MANNER OF PAYMENT: Check or 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.
b) Expenses. City will pay any closing costs, including the recording of any instruments of
conveyance. City will 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) Seller 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) Seller 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 will be responsible for maintaining the Easement Area after closing. Specifically,
the City shall be fully responsible for the use, maintenance, repair, upkeep, and the
cleanliness of the Easement. Further the City shall be fully responsible for the use,
maintenance, repair, upkeep and cleanliness of the Temporary Construction Easement
("TCE"). The City will further restore the TCE to its rightful condition, Tess any ordinary wear
and tear, prior to termination or expiration of the TCE.
d) The City shall make reasonable efforts to reduce interference or disruption during
construction, and shall notify the Seller of any significant change in construction timelines.
e) The City shall not inhibit the Seller's reasonable access to the Property. In doing so, the
City shall leave a reasonable path for the traversing of vehicles and pedestrians along the
drive aisles located at the Property.
f) 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) No Seller Warranties. Seller makes no warranties as to the condition of the Property or any
assumed fixtures or as to the fitness for the City's use. City assumes the Property and all
Fixtures in its condition as -is at the time of entering into this Contract.
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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.
Additionally, all notices provided for herein shall be deemed to have been duly given if and
when personally delivered in hand, and or by electronic communication to the following
addresses:
THELEMLIME@YAHOO.COM for the Seller
Jerrod.Simpson@myclearwater.com for the City
8. ASSIGNABILITY; PERSONS BOUND
Neither Party may assign this Contract without the written permission of the other, which
shall not be unreasonably withheld. Seller shall notify the City of any intent to sell the
Property, and if the Property is sold prior to closing this Contract, the Seller shall notify any
prospective buyer of this Contract. This Contract shall be binding upon Seller, and their
heirs, personal representatives, successors and assigns, and any other subsequent holder
of interest in the Property.
9. ATTORNEY FEES; COSTS; SPECIFIC PERFORMANCE AVAILABLE:
In any litigation arising out of this Contract, the remedy of specific performance shall be
available, and reasonable attorney's fees shall be covered as per Florida Statutes §§
73.091 and 73.092.
10. CHOICE OF LAW; SEVERABILITY; INTEGRATION:
This Contract shall be governed 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.
[SIGNATURE PAGE TO FOLLOW]
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EXECUTED this day of , 2026 by Seller.
Seller Signature
Print Seller Name
APPROVED BY CITY
EFFECTIVE this 23 day of
By:
Je i. a of ler
City Manager
App ,ved as to form:
, 2026
CITY OF CLEARWATER, FLORIDA
Jerrod
Senior
pson
istant City Attorney
Attest:
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Rosemarie CaII
City Clerk