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ELLIS & COMPANY LIMITED ~ L ,I I PURCHASE AGREEMENT FOR RIGHT-OF-WAY PROJECT GOULD STREE T THIS AGREEMENT is made between ELLIS & CO., LTD., a Florida Limited Partnership, whose mailing addr~ss is P. O. Box 1879, Tarpon Springs, Fl. 34688. Phone: (727) 449-2020, ATTN: Bruce Strumph, Realtor (herein "Seller"), and the CITY OF CLEARWATER, FLORIDA, a Florida Municipal Corporation (herein "Buyer" or "City"). WITNESSETH For and In consideration of the mutual covenants and conditions herein contained, Seller hereby agrees to sell and Buyer agrees to buy the following property or interest therein, upon the following terms and conditions: I. DESCRIPTION (a) Real estate or interest therein, identified as being the north twenty feet (20') of Lots 21 and 22, Block 5, R. H. PADGETT'S RESUBDIVISION OF ORIGINAL LOTS 2 AND 5, as recorded in Plat Book 4, Page 32 of the Public Records of Pinellas County, Florida, and being depicted in EXHIBIT "AU attached hereto. INTEREST BEING ACQUIRED: [X] Fee simple ] Easement b) Personal property to be conveyed: None II. PURCHASE PRICE Amount to be paid by Buyer to Seller at closing... ...$ 14,000.00 III. CONDITIONS AND LIMITATIONS (a) It is mutually understood and agreed that this Agreement is executed by the Seller subject to final approval and acceptance by the Clearwater City Commission, which shall occur within forty-five (45) days of receipt of this document by Earl Barrett, Real Estate Services Manager in the Clearwater Public Works Department, executed in duplicate by Seller. Date of acceptance and execution by duly authorized officers of the City shall be the Effective Date of this agreement, and execution shall serve to ratify and confirm the purchase price and all terms and conditions as are contained herein. If this agreement is not timely accepted and executed by the City, Seller may, at Seller option, withdraw from this agreement by providing written notice of such intent to the office of the City Attorney, whereupon this agreement shall thereafter be null and void in all respects. (b) No actual or estimated ad valorem taxes shall be prorated to Buyer or collected from Seller at time of closing this transaction. Buyer shall pay state documentary stamps to record deed given in this transaction, and attorney fees in the amount of $500.00 to the Seller. I,)' ,r, ::':'i' /(:' (6) ..... > r 1 ~., -I I Page 2 - Gould St~eet R/W (Ellis & Co.) (c) Seller shall deliver unencumbered title to Buyer at closing; however, Buyer shall, at Buyer's sole cost and expense, have the obligation to obtain any releases of encumbrances as Buyer may require, together with title insurance and certified parcel survey. (d) Seller authorizes, and the city agrees, to restore to the present or equal condition any of Seller's remainder property up to but not more than five feet (5') abutting the parcel being conveyed that may be disturbed or impacted during construction of contemplated right-of-way improvements. Such restoration shall be accomplished at City expense and shall be completed not later than project completion. IV. CLOSING DATE - POSSESSION This transaction shall be closed and the Seller shall convey title by Special Warranty Deed within sixty (60) days of the Effective date of this agreement. V. TYPEWRITTEN OR HANDWRITTEN PROVISIONS Typewritten or handwritten provisions inserted herein or attached hereto as addenda, and initialed by the parties, shall control all printed provisions in conflict therewith. VI. IN WITNESS WHEREOF, the Seller ~: capse,d these presents to be executed this ~ day of $~k:H~V , 1998. By.. By: P~int name,~}lf; ~j;:,~~1 JR. Tltle 6.pv.~v f1. ,,/, Sign '-~ (I f} .L. i:CO/JcL / MQ; Print Witness name - I T_,J I I Page 3 - Gould street R/W (Ellis & Co.) VI. FINAL ACCEPTANCE BY THE CITY OF CLEARWATER, FLORIDA, EFFECTIVE DATE. IN WITNESS WHEREOF, the City of Clearwater, Florida has caused these presents to be approved and accepted by its City Commission, and executed in its name by its officers thereunto duly authorized this ~o~day of Or~ , 1998. BUYER: OF CLEARWATER, FLORIDA Countersigned: XTY By: -Commissioner Michael J. Roberto, City Manager Approved as to form and correctness: Attest: - - Clerk ~~ -=::> John Carassas Assistant City Attorney Ellis & Co. ROR Contr.0898ewb .. : j.. 'to.... . . . I EXHIBIT "A" ~ ~@[~J1F[}={] Not To Scole GOULD ST. o N o N LOT 21 R.H. PADGETTS RESUB OF ORIG. LOT 2&5 LOT 22 R.H. PADGETTS RESUB OF ORIG. LOT 2&5 PLATBOOK 4 PAGE .32 PLATBOOK 4 PAGE .32 NOTE: This is not 0 survey! ~SEAt-e:.... CITY OF CLEARWATER. FLORIDA ~~~\ PUBUC WORKS ADMINISTRATION ~2ji/ ENGINEERING