MARILYN C WOODRING REVOCABLE LIVING TRUSTCONTRACT FOR PURCHASE OF REAL PROPERTY
BY
THE CITY OF CLEARWATER, FLORIDA
PARTIES: Linda Flahive, Sharon Woodring, and James Woodring as Successor Co -Trustees of the Marilyn
C. Woodring Revocable Living Trust Agreement, dated November 18, 2003,.whose mailing address is 2888
Cathy Ln, Clearwater, FL 33760-1401 (herein "Sellers"), and THE CITY OF CLEARWATER, FLORIDA, a
public body corporate and politic 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 Sellers shall sell,
and Buyer shall buy the following real property ("Property") upon the following terms and conditions.
1. PROPERTY DESCRIPTION
Commonly referred to as 1399 Pineapple Lane, Clearwater, FL 33759
Real Property ID No: 08-29-16-00000-240-0100
As described in Exhibits "A" & "B"
PERSONALTY NONE
2. FULL PURCHASE PRICE $600,000.00
3. MANNER OF PAYMENT: Wire in U.S. funds at time of cleared to close.
4. PURCHASE PRICE
The full Purchase Price as shown herein has been reached through negotiations with the Sellers by City
staff. James Millspaugh and Associates, Inc. performed an appraisal of the Property on behalf of the Buyer.
5. TIME FOR ACCEPTANCE; APPROVALS
Following execution of this contract by Sellers, the price, terms and conditions as contained herein shall
remain unchanged and be held unconditionally open for a period of 45 days following delivery in duplicate
original to the of the City of Clearwater for acceptance and approval, counteroffer, or rejection by action of
the Clearwater City Council ("Council") serving in its capacity as the governing board of the City. If this
agreement is accepted and approved by the City, it will be executed by duly authorized City officials and
delivered to Buyer within 10 days thereafter. The "Effective Date" shall be the date indicated above the City
officials' signatures (see page 8). If a counteroffer is approved by the City, it shall be delivered to Sellers in
writing within 10 days of such action by the City, and Sellers shall have 10 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 Sellers, the offer for sale or purchase and this contract, as the
case may be, shall thereafter be null and void in all respects at midnight on the day following such action. If
this contract is rejected by the City upon initial presentation to the City, this contract shall never become
effective (lacking City official signatures), and the offer for sale or purchase and this contract, as the case
may be, shall be null and void in all respects at midnight on the day following City rejection and Buyer shall
be so informed in writing within 5 days of such action.
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6. TITLE
Sellers warrants legal capacity to and shall convey marketable title to the Property by Warranty Deed,
subject only to matters contained in Paragraph 7 acceptable to Buyer. Otherwise, title shall be free of liens,
easements and encumbrances of record or known to Sellers, but subject to property taxes for the year of
closing; covenants, restrictions, and public utility easements of record; and no others provided there exists
at closing no violation of the foregoing and none of them prevents Buyer's intended use of the Property.
Sellers warrants and represents that there is ingress and egress to the Property sufficient for the intended
use as described herein.
7. TITLE EVIDENCE.
Sellers shall, at Sellers expense and within 15 days prior to closing date deliver 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 Sellers at or before closing. Sellers shall
convey a marketable title subject only to liens, encumbrances, exceptions or qualifications set forth in this
Contract. Marketable title shall be determined according to applicable Title Standards adopted by The
Florida Bar and in accordance with law. Buyer shall have 20 days from receiving evidence of title to examine
it. If title is found defective, in Buyer's sole discretion, Buyer shall, within 3 days thereafter, notify Sellers in
writing specifying defect(s). If the defect(s) render title unmarketable, Sellers will have 120 days from receipt
of notice within which to remove the defect(s), failing which Buyer shall have the option of either accepting
the title as it then is or withdrawing from this Contract. Sellers will, if title is found unmarketable, make
diligent effort to correct defect(s) in title within the time provided therefor, including the bringing of necessary
suits.
8. SURVEY
Buyer, at Buyer's expense, within time allowed to deliver evidence of title and to examine same, may have
the Property surveyed and certified to the Buyer by a registered Florida land surveyor. If survey shows any
encroachment on the Property, or that improvements located on the Property encroach on setback lines,
easements, lands of others, or violate any restrictions, contract covenants or applicable governmental
regulation, the same shall constitute a title defect. The survey shall be performed to minimum technical
standards of the Florida Administrative Code and may include a description of the property under the Florida
Coordinate System as defined in Chapter 177, Florida Statutes.
9. CLOSING PLACE AND DATE
Buyer shall designate closing agent ("Closing Agent") and this transaction shall be closed in the offices of
the designated closing agent in Pinellas County, Florida, within 120 days of the Effective Date unless
extended by other provisions of this contract including but not limited to time allotted for the removal of title
defects as provided for in Paragraph 7 above. If either party is unable to comply with any provision of this
contract within the time allowed, and be prepared to close as set forth above, after making all reasonable
and diligent efforts to comply, then upon giving written notice to the other party, time of closing may be
extended up to 60 days without effect upon any other term, covenant or condition contained in this contract.
10. CLOSING DOCUMENTS
Sellers shall furnish closing statements for the respective parties, deed, bill of sale (if applicable), mechanic's
lien affidavit, assignments of leases, tenant and mortgage estoppel letters, and corrective instruments, as
2
applicable. If Sellers is a corporation, Sellers shall deliver a resolution of its Board of Directors authorizing
the sale and delivery of the deed and certification by the corporate Secretary certifying the resolution and
setting forth facts showing the conveyance conforms with the requirements of local law.
11. CLOSING EXPENSES
Documentary stamps on the deed, unless exempt under Chapter 201.24, Florida Statutes, shall be paid by
the Sellers. Sellers shall also pay the costs of recording any corrective instruments. Recordation of the
deed shall be paid by the Buyer.
12. PRORATIONS; CREDITS
Taxes, assessments, rent (if any) and other revenue of the Property shall be prorated through the day before
closing. Closing agent shall collect all ad valorem taxes uncollected but due through day prior to closing and
deliver same 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. Assessments for any improvements that are substantially
complete at time of closing shall be paid in full by Sellers.
13. OCCUPANCY
Sellers warrants that there are no parties in occupancy other than the Sellers, or as otherwise disclosed
herein. If Property is intended to be rented or occupied beyond closing, the fact and terms thereof shall be
stated herein, and the tenant(s) or occupants disclosed pursuant to Paragraph 15. Sellers agrees to deliver
occupancy of the Property at time of closing unless otherwise stated herein. If occupancy is to be delivered
before closing, Buyer assumes all risk of loss to Property from date of occupancy, shall be responsible and
liable for maintenance from that date, and shall be deemed to have accepted Property in its existing
conditions as of the time of taking occupancy unless otherwise stated herein or in separate writing.
14. LEASES
Sellers warrants there are no tenants occupying the Property and that no leases exist, recorded or
unrecorded, authorizing such occupancy and any authorized tenancy or lease for use of the property created
by Sellers prior to closing or prior to the expiration hereof, shall constitute a material breach of this Contract.
Sellers shall, at Buyer's request, furnish Buyer copies of all written leases and estoppels letters from each
tenant specifying the nature and duration of the tenant's occupancy.
15. PROPERTY CONDITION
Sellers shall deliver the Property to Buyer at time of closing in its present "as is" condition, ordinary wear
and tear excepted, and shall maintain the landscaping and grounds in a comparable condition. Sellers
makes no warranties other than is disclosed herein in Paragraph 21 ("SELLERS WARRANTIES") and
marketability of title. Buyer's covenant to purchase the Property "as is" is more specifically represented in
the following paragraph.
a. As Is With Right of Inspection: Buyer may, at Buyer expense within 60 days following the
Effective Date hereof ("Inspection Period"), conduct inspections, tests, environmental and any other
investigations of the Property Buyer deems necessary to determine suitability for Buyer's intended use.
3
Upon Sellers's execution hereof, Sellers shall grant reasonable access to the Property to Buyer, its
agents, contractors and assigns for the purposes of conducting the inspections provided, however,
that all such persons enter the Property and conduct the inspections and investigations at their own
risk. Sellers 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 Sellers's prior written consent. Buyer may terminate this
contract by written notice to Sellers prior to expiration of the Inspection Period if the inspections and/or
investigations reveal conditions which are reasonably unsatisfactory to Buyer. In the alternative, at the
Buyer's sole discretion, if Sellers offers to repair or otherwise remedy such conditions to Buyer
satisfaction, Buyer may accept such offer; or Buyer, at its option, may elect to accept a credit at closing
of the total estimated repair costs as determined by a licensed general contractor of Buyer's selection
and expense. If Buyer terminates this contract, and this transaction does not close, Buyer agrees, at
Buyer expense, to repair all damages to the Property resulting from the inspections and investigations
and return the Property to its present condition.
16. WALK-THROUGH INSPECTION
At a time mutually agreeable between the parties, but not later than the day prior to closing, Buyer may
conduct a final "walk-through" inspection of the Property to determine compliance with any Sellers
obligations and to ensure that all Property is in and on the premises. No new issues may be raised as a
result of the walk-through.
17. SELLERS HELD HARMLESS
Buyer is self-insured, and subject to the limits and restrictions of the Florida Sovereign immunity statute,
F.S. 768.28, agrees to indemnify and hold harmless the Sellers from claims of injury to persons or property
during the inspections and investigations described in Paragraph 15(a) resulting from Buyer's own
negligence only, or that of its employees or agents only, subject to the limits and restrictions of the sovereign
immunity statute.
18. RISK OF LOSS
If the Property is damaged by fire or other casualty before closing and cost of restoration does not exceed
3% of the assessed valuation of the Property so damaged, cost of restoration shall be an obligation of the
Sellers and closing shall proceed pursuant to the terms of this contract with restoration costs escrowed at
closing. If the cost of restoration exceeds 3% 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 loss or damage, or of canceling this contract.
19. PROCEEDS OF SALE; CLOSING PROCEDURE
The deed shall be recorded upon clearance of funds. Proceeds of sale shall be held in escrow by Buyer's
attorney, 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 Sellers's title unmarketable
from the date of the last title evidence. If Sellers's title is rendered unmarketable through no fault of the
Buyer, Buyer shall, within the 5 -day period, notify the Sellers in writing of the defect and Sellers shall have
30 days from the date of receipt of such notification to cure the defect. If Sellers 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
4
days after demand, be returned to Buyer and simultaneously with such repayment, Buyer shall vacate the
Property and reconvey it to Sellers by special warranty deed. If Buyer fails to make timely demand for
refund, Buyer shall take title "as is", waiving all rights against Sellers as to any intervening defect except as
may be available to Buyer by virtue of warranties contained in the deed. The escrow and closing procedure
required by this provision may be waived if title agent insures adverse matters pursuant to Section 627.7841,
F.S. (2014), as amended.
20. DEFAULT
If this transaction is not closed due to any default or failure on the part of the Sellers, other than to make the
title marketable after diligent effort, Buyer may seek specific performance or unilaterally cancel this
agreement upon giving written notice to Sellers. If this transaction is not closed due to any default or failure
on the part of the Buyer, Sellers may seek specific performance. If a Broker is owed a brokerage fee
regarding this transaction, the defaulting party shall be liable for such fee.
21. SELLERS WARRANTIES
Sellers warrants that there are no facts known to Sellers that would materially affect the value of the
Property, or which would be detrimental to the Property, or which would affect Buyer's desire to purchase
the property except as follows: (Disclose all know Defects or if write "NONE")
Buyer shall have the number of days granted in Paragraph 15(a) above ("Inspection Period") to investigate
said matters as disclosed by the Sellers and shall notify Sellers in writing whether Buyer will close on this
contract notwithstanding said matters, or whether Buyer shall elect to cancel this contract. If Buyer fails to
so notify Sellers within said time period, Buyer shall be deemed to have waived any objection to the
disclosed matters and shall have the obligation to close on the contract.
22. RADON GAS NOTIFICATION
In accordance with provisions of Section 404.056(8), Florida Statutes (2014), as amended, Buyer is hereby
informed as follows:
RADON GAS: Radon is a naturally occurring radioactive gas that, when it has accumulated
in a building in sufficient quantities, may present health risks to persons who are exposed to
it over time. Levels of radon that exceed federal and state guidelines have been found in
buildings in Florida. Additional information regarding radon and radon testing may be obtained
from your county public health unit.
23. CONTRACT NOT RECORDABLE; PERSONS BOUND
Neither this contract nor any notice of it shall be recorded in any public records. This contract shall bind and
inure to the benefit of the parties and their successors in interest. Whenever the context permits, singular
shall include plural and one gender shall include all.
24. 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, including the parties to
this contact, the parties attorneys, escrow agent, inspectors, contractors and all others who will in any way
act at the behest of the parties to satisfy all terms and conditions of this contract.
5
25. ASSIGNABILITY; PERSONS BOUND
This contract is not assignable. The terms "Buyer", "Sellers", and "Broker" (if any) may be singular or plural.
This Contract is binding upon Buyer, Sellers, and their heirs, personal representatives, successors and
assigns (if assignment is permitted).
26. ATTORNEY FEES; COSTS
In any litigation arising out of this contract, the prevailing party shall be entitled to recover reasonable
attorney's fees and costs.
27. TYPEWRITTEN OR HANDWRITTEN PROVISIONS
Typewritten or handwritten provisions shall not control all printed contract conflicting terms.
28. BROKER REPRESENTATION
If either Party chooses to be represented by a Licensed Real Estate Broker upon Sellers's execution hereof,
then that Party solely shall be responsible for any such Broker fee or expense due to said Broker.
29. COMPLIANCE WITH SECTION 286.23, FLORIDA STATUTES
Owner shall execute and deliver to the City the "Disclosure of Beneficial Interests" required pursuant to
Section 286.23, Florida Statutes.
30. EFFECT OF PARTIAL INVALIDITY
The invalidity of any provision of this contract will not and shall not be deemed to affect the validity of any
other provision. In the event that 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.
31. GOVERNING LAW
It is agreed by and between the parties hereto that this contract shall be governed by, construed, and
enforced in accordance with the laws of the State of Florida.
32. COUNTERPARTS; FACSIMILE COPY
This contract may be executed in two or more counterparts, each of which shall be deemed an original and
all of which together shall constitute one instrument. A facsimile copy of this contract, including any
addendum, attachments hereof, and any initials or signature thereon shall be deemed an original.
33. ENTIRE AGREEMENT
Upon execution by Sellers and Buyer, this contract shall constitute the entire agreement between the parties,
shall supersede any and all prior and contemporaneous written and oral promises, representations or
conditions in respect thereto. All prior negotiations, agreements, memoranda and writings shall be merged
herein. Any changes to be made in this agreement shall only be valid when expressed in writing,
6
DocuSign Envelope ID: 7F151CCF-F290-4C05-AD19-5E73F269BB64
of any other provision. In the event that 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.
31. GOVERNING LAW
It is agreed by and between the parties hereto that this Contract shall be governed by, construed,
and enforced in accordance with the laws of the State of Florida.
32. COUNTERPARTS; FACSIMILE COPY
This Contract may be executed in two or more counterparts, each of which shall be deemed an
original and all of which together shall constitute one instrument. A facsimile copy of this Contract,
including any addendum, attachments and any written modifications hereof, and any initials or
signature thereon shall be deemed an original.
33. ENTIRE AGREEMENT
Upon execution by Seller and Buyer, this Contract shall constitute the entire agreement between
the parties, shall supersede any and all prior and contemporaneous written and oral promises,
representations or conditions in respect thereto. All prior negotiations, agreements, memoranda
and writings shall be merged herein. Any changes to be made in this Contract shall only be valid
when expressed in writing, acknowledged by the parties and incorporated herein or attached hereto.
EXECUTED this day of 9/8/2023 , 2023 by Seller.
Attest: Linda Flahive, Trustee
Marilyn C. Woodring Revocable Living Trust
Print Name
Print Name
/16300/1#51428354 v3
By:
�DocuSlgned by:
C331OC320D044CS_.
Sharon Woodring, Trustee
By:
r—DocuSlgned by:
`9vnn,aY)
'EA96D6C43B364D5
e&d,v.^^,c
James Woodring, Trustee
Exhibi
Parcel Detail 1 Tax Estimator 1 Comp Sales
Ale for Homestead 1 Flood Map 1 Zoning Map
Street View 1 Angled Aerial Views
First Owner
Second Owner
Property Address
Subdivision
Living Units
Current Tax District
Living SF 1 Gross Area
Land Area
Year Built
Property Use
Plat or Condo BkAPg
Value Year
just Value
Assessed Value
Taxable Value
Woodd ir�g, Marilyn C P. *..
Flahive, Linda Tre
Pineapple Ln
NONE
PART E 1/2 OF NW 1/4 OF
SEC 08-29-16 DESC BEG SW
COR OF LOT 1, BLX9.OF
VIRGINIA GROVES EST 1ST
1399 PINEAPPLE LN, CLEARWATER 33759 -
Exhibit '1B"
WOODRING, MARILYN C
2888 CATHY LN
CLEARWATER, FL 33760-1401
2022 08-29-16-00000-240-0100
II IIIIIIIIIIIIIIIIIIIIUIIIIIIIIIIIIIIIIIIIIIIIIINIIIIIII II III
Page 1 of 1
PRINTED 08/09/2022
BY jarmstrong
Map Id: 9107.2 1.00 1.00 1.00 Meath, Dina 4-4480
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APPRAISAL 'DA'TES "'
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REVIEW DATE ; 01/07/2021
FIELD NUMBER ; 228
REVIEW TYPE L Oblique
THE REVOCABLE TRUST AGREEMENT
OF MARILYN C. WOODRING
dated November 18, 2003, as amended
ACCEPTANCE OF SUCCESSOR CO -TRUSTEE
Pursuant to a trust agreement dated November 18, 2003, MARILYN C. WOODRING, as
Granter, established the REVOCABLE LIVING TRUST OF MARILYN C. WOODRING, as
amended on May 21, 2009, (such trust agreement, as so amended, being referred to herein as the
"Trust Agreement," and the trust created under the Trust Agreement being referred to herein as the
"Trust"). At the time of MARILYN C. WOODRING's death on August 4, 2011, the Trustee of the
Trust was MARILYN C. WOODRING.
On August 18, 2023, the Circuit Count of the Sixth Judicial Circuit, Pinellas County
Florida, in In Re: Revocable Living Trust Agreement of Marilyn C. Woodring, Case No. 23-
004454 -ES, issued an Order Appointing Linda Flahive, Sharon Woodring and James Woodring as
Successor Co -Trustees of the Trust.
The undersigned, JAMES WOODRING does hereby accept his appointment and agrees to
serve as a successor Co -Trustee of the Trust, and agrees to carry out his duties and to fulfill the
terms of the Trust Agreement as set forth therein.
Dated this 12 day of September, 2023.
Witnesses:
N1i-ktA \ I�b5QSGk
(Print Name)
,46/✓i %4 A" ea 4a)
(Print Name)
STATE OF FLORIDA
COUNTY OF PINELLAS
The foregoing instrument
0 online notarization this /,2-
personally known to me, P. who
take an oath.
JAMES WOODRING
was subscribed before me by means of DT. physical presence or
day of September, 2023, by JAMES WOODRING, 0 who is
produced a Florida Driver's License, or 0 who has produced
(state type of identification) as identification, and who did
(Signature of Person .i ing
Acknowledgment)
(Name of Acknowledger Typed,
Printed, or Stamped)
(SEAL)
ADRIAN RUKAJ
Notary Public, State of Florida
Commission# HH 375232
My comm. expires April 29, 2027
Coun .-rsigned:
CONTRACT FOR PURCHASE OF REAL PROPERTY
1399 PINEAPPLE LANE, CLEARWATER, FL
�Bria'J.Aungst,S
Mayor
Approved as to form:
tto.
elissa Isabel
Assistant City Attorney
CITY OF CLEARWATER, FLORIDA
By:
Poirrier
City Manager
14--�'K-GUZlc��
Rosemarie CaII
City Clerk