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WILLIAM D AND BRENDA K WALTER (2) ~- , , I I .... Parcel No.: 47 Project : Stevenson Creek THIS AGREEMENT is made between WILLIAM D. WALTER and BRENDA K. WALTER, husband & wife, hereinafter referred to as SELLER, and the CllY OF CLEARWATER, FLORIDA, a Florida Municipal Corporation, hereinafter referred to as PURCHASER or CllY. PURCHASE AGREEMENT WITNESSETH For and in consideration of the mutual covenants and conditions herein contained, SELLER hereby agrees to sell and PURCHASER hereby 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 : SIRMONS HEIGHTS 1 ST ADDITION. Lot 47. In the Public Records of P.inellas County, Florida, Incorporated herein by reference. [] Fee Simple [Xl Permanent Easement Reference: Exhibit "A" attached to and a part hereof. [] Temporary Construction Easement (b) Personal property Identified as follows: NONE II. PURCHASE PRICE (a) Amount to be paid by PURCHASER to SELLER for real estate and personal property, in cash at tlrne of closing $ 720.00 (b) Estimated value of additional non-cash consideration, said consideration being: Install trees and hed e lants as described in EXHIBIT -B- attached to and a art hereo $ 600.00 $ 75.00 TOTAL PURCHASE PRICE INCLUDING COSTS........................................... ......... .................. ... $ 1.395.00 (c) Estimated transaction costs to be paid by PURCHASER III. CONDITIONS AND LIMITATIONS (a) It is mutually understood that this Purchase Agreement is subject to approval and execution by the City Manager of the City of Clearwater within twenty one (21) days following receipt by the City Engineering Department/Administrative Division of duplicate originals of this Purchase Agreement executed by Seller. A fully executed original shall be returned to Seller within ten (10) days of approval by the City Manager. (b) Seller acknowledges being informed that the City, or its consultant, will be obtaining lien subordination agreements from Seller's mortgagee, if any; and should said mortgagee require that Seller provide a mortgage reduction payment in an amount up to the cash consideration above described, the City check shall be payable jointly to Seller and said mortgagee. (c) Purchaser agrees, and Seller authorizes, restoration to the present or equal condition, any construction impacts whatsoever to Seller's property up to five feet contiguous to the easement premises. The restoration shall be accomplished at Purchaser's expense and shall be completed by Purchaser not later than completion of the improvement project, and shall include replacement installation of Seller's wood fence immediately adjacent to and abutting the top of gabion wall. IV. CLOSING DATE - POSSESSION Closing of this transaction shall occur, and Seller shall convey and deliver possession of a perpetual Drainage and Utility Easement to the City, upon a date to be determined by the City which shall be on or before six (6) rnonths following the Acceptance Date as shown in paragraph VII. At closing the City shall deliver to Seller a City check in the full amount to be paid to the Seller as expressed in paragraph lI(a) above, if any; and subject to provisions of paragraph III. Prior to date of closing and possession as described herein, Seller shall remove any personal property from the easement premises Seller wishes to retain that has not been purchased by the City as a condition of this contract. All personal property remaining upon the easement premises at time of possession shall be deemed to have been abandoned by Seller. Page 1 of 2 1-1 ~O I ~( .. 20 (7) - , . I I V. TYPEWRITTEN OR HANDWRITTEN PROVISIONS Typewritten or handwritten provisions inserted herein or attached hereto as Addenda, and initialed by all parties, shall control all printed provisions in conflict therewith. All addenda, whether typewritten or handwritten, attached hereto must be referenced and Initialed in this section. In addition, all addenda rnust be signed by both the Seller and the Purchaser. "lILQ,;Jjb William D. Walter ~~W~ Brenda K. Walter S ~~Q~J!20^ WITNESS VII. ACCEPTANCE BY THE CITY OF CLEARWATER OF, he City of Clearwater has caused these presents to be accepted this.d.i- day of ,1997 ,Acceptance Datej. f1~Y) t)Juyn ii~JJ;,.~~ ITN SS CITY OF CLEARWATER, FLORIDA By: Eliza~ :~anager Page 2 of 2 t I EXIDBIT " A" I LEGAL DESCRIPTION Begin at the Southeast corner of Lot 47, Sirmons Heights first Addition, as recorded in Plat Book 26, Poge 59, of the Public Records of Pinellas County, florida; thence run along the South line of said Lot 47, N891,'25"W, 70.00 feet; thence run along the West line of soid Lot 47, NOO"02'26"E, 11.00 feet; thence run 58911'25"E, 70.00 feet to 0 point on the East line of said Lot 47: thence run along said East line SOO'02'26"W, 11.00 feet to the P.O.B. ContSJining 769.93 Sot. a '" LOTUS PATH 47 1". ~8 ~;: z . ~ 8~ ;:1 STEVENSON'S CREEK NOlE: This is not a surve)f I- W W ~ (J) Z W W 0:: ~ 0:: ~ W Novo 6/6/95 90576LOT.dwg . ' <I, I I Parcel No.: 47 Project: Stevenson Creek EXHIBIT "B" Installation Of Trees & Shrubs (with Owner direction) 1) Install two (2) 10'-12' Live Oak trees. 2) Install fourteen (14) #3 Nerium Oleander (pink). 3) Soil Amendments: A. One Half (~) cubic yard planting compost B. Three (3) cubic yards Cypress mulch C. Five (5) pounds fertilizer D. Four (4) tree stakes & materials Installation shall include all labor, site preparation, debris clearance and fine grading as needed.