07-1776 Purchase Agreement & Temporary Access License - Siebert Trust

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THIS AGREEMENT shall be contingent and conditioned upon the following: 1. BUYER to obtain evidence, to the satisfaction of the City, of clear legal title to the lands described in Exhibit "A" and Exhibit "B". 2. For purposes of this Agreement, this transaction shall be closed with the Warranty Deed and Temporary Construction Easement delivered on or before June 01,2007. 3. A one time lump-sum inclusive payment of Eight-Thousand ($8,000.00) Dollars shall be conveyed from BUYER to SELLER at closing for the conveyance of the Siebert Trust Parcel(s), Exhibit "A" and Exhibit "B". SELLER shall pay seller's attorneys' fees from same lump- sum payment. 4. The City shall pay to the SELLER the sum as mentioned in Item 3., as applicable, at the closing of this purchase and delivery of the properly executed Warranty Deed and Temporary Construction Easement, along with delivery of any instruments necessary to provide the City with marketable and insurable title, free and clear of any and/or all liens, encumbrances and restrictions. 5. City and/or its agents, (i.e., General Contractor, sub-contractor, etc.), shall replace the existing old wood fence, (which runs parallel and adjacent to Melody Lane and turns back to the existing carport driveway in front of 6 Jackson Court, terminating at an existing chain-link gate), with a new six (6) foot tall white PVC Vinyl fence, approximately 110 LF. 6. City and/or its agents, (i.e., General Contractor, sub-contractor, etc.), shall provide additional irrigation and irrigation sprinkler heads to provide sufficient water coverage along the existing Right-of-Way, (which runs parallel and adjacent to Melody Lane and 6 Jackson Court). Said irrigation to terminate at corner of 6 Jackson Court at south side of new driveway apron. Said area to be sodded with St. Augustine grass. City shall maintain said area of the right-of-way that runs parallel and adjacent to Melody Lane and 6 Jackson Court. The existing right-of way portion of the monthly irrigation usage shall be the responsibility of the City and shall be on a separate meter. 7. City and/or its agents, (i.e., General Contractor, sub-contractor, etc.), shall remove the old existing live oak tree, located at the corner of 6 Jackson Court and Melody Lane. Stump shall be removed. A new "Little Gem Magnolia" tree shall be planted in this same location, (tree size to match other "Little Gem Magnolia" trees, (size and shape), which are part of said project. 8. The project construction improvements associated with the roundabout located at 6 Jackson Court and Melody Lane shall be completed by November 01,2007. In the event the above-listed conditions do not occur, then this agreement shall become null and void and be of no future legal force or effect. f: \files\dlm\cities\casselberry\agreements\property:drl