07-1781 Purchase Agreement & Temporary Access License - Kilgannon

Home Browse Search

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 July 01, 2007. 3. A one time lump-sum inclusive payment of Three-Thousand ($3,000.00) Dollars shall be conveyed from BUYER to SELLER at closing for the conveyance of the Kilgannon 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 install a new six (6) foot tall white PVC Vinyl Fence, approximately 180 LF, (which shall begin approximately twenty feet north of the southeastern property corner, connecting south to same property corner, then run west toward Jackson Court, parallel and adjacent to the right-of-way of Melody Lane, turning back north at a 900 right angle perpendicular from the existing southwest corner of the carport, then extending and terminating at the same corner of the carport structure, attached to the residential structure of 11 Jackson Court). SELLER shall provide required right-of- access and/or entry in order to install said fencing. 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 11 Jackson Court). Said irrigation to terminate at western side of 11 Jackson Court at northern limits of the new roundabout, inside the new right-of-way. Said area to be sodded with St. Augustine grass and an additional "Little Gem Magnolia" tree shall be planted in the NE corner radius of the new roundabout for Melody Lane and Jackson Court. City shall maintain said area of the right-of-way that runs parallel and adjacent to Melody Lane and 11 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. The project construction improvements associated with the roundabout located at 11 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 \casselbeny\agreements\property:drl