R99-166RESOLUTION NO. R99-,/¢~
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA,
AUTHORIZING AND DIRECTING THE MAYOR AND
CITY CLERK TO EXECUTE A CONTRACT FOR
PURCHASE AND SALE OF REAL PROPERTY
BETWEEN THE CITY OF BOYNTON BEACH AND THE
TOWN OF OCEAN RIDGE; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City Commission, upon recommendation of staff, has
deemed it to be in the best interests of the citizens and residents of the City to enter
into a Contract for Purchase and Sale of Real Property between the City of Boynton
Beach and Ocean Ridge; and
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. The City Commission o~ the City of Boynton Beach, Florida
does hereby authorize and direct the Mayor and City Clerk to execute a Contract for
Purchase and Sale of Real Property between the City of Boynton Beach the Town
of Ocean Ridge, for the real property more particularly described in said Agreement
as Exhibit "A", which Agreement is attached hereto.
Section2. This Resolution shall become effective immediately upon
passage.
PASSED AND ADOPTED this ,~./ day of December, 1999.
Vice Ma~/1//~
Mayor Pro Tern
C
Commissioner
PARTIES AND DESCRIPTION OF PROPERTY
1. SALE AN~ PURCHASE: the City of Boynton Beach, a duly established municipality of the State of Florida ("Seller")
3~. ~nd the Town of Ocean Ridq_e,_a duly established municipality of the State of Florida
agree to sell and buy on thet6rms and conditions specified below the property ("Property") described as
~,ddress:
6_ _egal Description: See Exhibit"A" attached
("Buyer")
10 including all improvements and the following additional property: N/A
11 PRICE
12' 2. PURCHASE PRICE: $270.000 payable by Buyer in U.S. funds at closing.
13 3. CASH/FINANCING: (a) Buyer will pay cash for the Properly with no financing contingency.
14 CLOSING
15 4. CLOSING DATE; OCCUPANCY: This Contract will be closed and the deed and possession delivered
16 no later tt~an fourteen (14) days after the effective date of this Contract unless extended by other provisions of this Contract or the
17 written agreement of the parties. If on Closing Date insurance underwriting is suspended,
18 Buyer may postpone closing up to 5 days.
19 ,5. CLOSING COSTS: In addition to other expenses provided in this Contract, Seller and Buyer agree to share all closing
20 costs (inCluding title insurance) equally, except that each party shall pay its own attorney's fees.
21 PROPERTY CONDITION
22 6. LAND USE: Seller will deliver the Property to Buyer at the time agreed in its present "as is~'. condition, with conditions
23 resulting from Buyer's Inspections and casualty damage, if any, excepted. Seller will maintain the landscaping and
24 grounds in a comparable condition and will not engage in or permit any activity that would materially alter the Property's
25 condition without the Buyer'a prior written consent.
?~' ~7. No Feasibility Study: Buyer is satisfied that the Property is suitable for Buyer's purposes, including being
' satisfied ~that either public sewerage and water are available to the Property or the Property will he approved for the
installati~.n of a well and/or private sewerage disposal system and that existing zoning and other pertinent regulations
_4 and restrictions, such subdivision or deed restrictions, concurrency, growth management and environmental
30 conditions, are acceptable to Buyer. This Contract is not contingent on Buyer conducting any further investigations.
31 8. RISK OF LOSS; If any portion of the Property is materially damaged by casualty before closing
32 Seller wlll promptly inform Buyer. Either party may cancel this Contract
33 by writter~ notice to the other within 10 days from Buyer's receipt of Seller's notification, failing which Buyer will close in
34 accordance with this Contract and receive all payments made by the insurance corn pany, if any.
35
36 9.TITLE:
37 (a)
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40 zo~
41 an
42 cl,
43 In
44 (b
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TITLE
Seller will convey marketable title to the Property by statutory warranty deed.
Title Evidence: Title evidence will show legal access to the Property and Marketable tiffs of record in Seller in
;ordance with current tiffs standards adopted by the Florida Bar, subject only to the following title exceptions, none
ich prevent residential use of the Property:. covenants, easements and restrictions of record; matters of plat; existing
ling and govamment regulations; oil, gas and mineral rights of record if there is no right of entry; current taxes;
J encumbrances that Seller will discharge at or before closing. Seller will, prior to
)sing, deliver to Buyer an owner's title insurance commitment as title evidence, which must be generally accepted
the county where the Property is located.
Title Examination: Buyer will examine the title evidence and deliver written notice to Seller, within 5 days from receipt
litle evidence but no later than closing, of any defects that make the title unmarketable. Seller will have 30 days from
=eipt of Buyer's notice of defects ('Curative Period') to cure the defects at Seller's expense. If Seller cures the
Iects within the Curative Period, Seller will deliver written notice to Buyer and the parties will close the transaction on
)sing Date or Within 10 days from Buyer's receipt of Seller's notice if Closing Date has passed. If Seller is unable to
· e the defects within the Curative Period, Seller will deliver written notice to Buyer and Buyer will, within 10 days from
=eipt of Seller's notice, either cancel this Contract or accept title with existing defects and close the transaction.
Survey: Buyer may, prior to Closing Date, have the Property surveyed and deliver written
lice to Seller, within 5 days from receipt of survey but no later than closing, of any encroachments on the Property,
=roachments by the Property's improvements on other lands or deed restriction or zoning violations. Any such
=roachment or violation will be treated in the same manner as a title defect and Buyer's and Seller's obligation will
determined in accordance with subparagraph (b) above.
56 MISCELLANEOUS
57 t0. EFFECTIVE DATE; TIME: The "Effective Date" of this Contract is the date on which the last of the parities initials or
58 Buyer ( ) ( ) and Seller ( ) (_) acknowledge receipt of a copy of this page, which is Page 1 of 3 Pages
59 s~gns the latest offer. Time is of the essence for all provisions of this Contract. All time periods will be computed in
50 business days (a "business day" is every calendar day except Saturday, Sunday and national legal holidays). If any
61 cteadline fails on a Saturday, Sunday or national legal holiday, performance will be due the next 13usiness day. All time
62 periods will end at 5:00 p.m. local time (meaning in the county where the Property is located) of the appropriate day.
63 11. NOTICES: All notices will be made to the parties by mail or personal delivery as follows:
64 As to Buyer:
65 Town Manager
66 Ocean Ridge Town Hall
67 6450 N. Ocean Ridge Blvd.
58 Ocean Ridge, FL 33435
69 With a copy to:
70 Kenneth G. Spillias, Esquire
71 Town Attorney
72 1700 Palm Beach Lakes Blvd., Suite 1000
73 West Palm Beach, FL 33401
74
As to Seller:
City Manager
100 E. Boynton Beach Bivd.,
P.O. Box 310
Boynton Beach, FL 33425
With a copy to:
James A. Cherof, Esquire
Town Attorney
Add ress
75 12. COMPLETE AGREEMENT: This Contract is the entire agreement between Buyer and Seller. No prior or present
76 agreements will Pind Buyer or Seller unless incorporated into this Contract.
77 Modifications of this Contract will not be binding unless in writing, signed and delivered by the party to be bound. Signatures,
78 initials documents referenced in this Contract, counterpart and written modifications communicated electronically or on paper
79 will be acceptable for all purposes, including delivery, and will be binding. Handwritten or typewritten terms inserted in or
80 attached to this Contract prevail over preprinted terms, if any provision of this Contract is or becomes invalid or unenforceable,
81 all remaining provisions will continue to be fully effective~ This Contract will not recorded in any public records.
82 13. ASSIGNABILITY: Buyer may not assign this Contract. The terms "Buyer" and "Seller," may be singular or plural.
83 DEFAULT AND DISPUTE RESOLUTION
84 14. DEFAULT: (a) Seller Default: If for any reason other than failure of Seller to make Seller'a title marketable after diligent
85 effort, Seller fails, refuses or neglects to perform this Contract, Buyer shall have the right to cancel the contract, to seek
86 damages or to seek specific performance. (b) Buyer Default: If Buyer fails to perform this Contract within the time spe:cified,
87 Seller shall have the right to cancel the contract, to seek damages or to seek specific performance. (c) Attorney'a fee~; coats:__
88 In any litigation, including breach, enforcement or interpretation, arising out of this Contract, the prevailing party in such litigation
89 shall be entitled to recover from the non-prevailing party reasonable attorney's fees, costs and expenses (including, but not limite
90 to, those incurred at tria~, appeal and post-judgment), t
91
92
93
ADDITIONAL TERMS
15. ADDITIONAL TERMS:
95
97
98
This is intended to be a legally binding contract. If not fully understood, seek the advice of an attorney prior to signing.
99
100 Date:
101
102 Date:
103
104 Phone:
105 Fax:
OFFER AND ACCEPTANCE
Buyer:.
Print name:
Buyer:
Print name:
Address:
106 Date: Seller:
107 Print name:
108 Date: Seller:
109 Print name:
110 Phone: Address:
111 Fax:
IEffective Date:
Tax IDISSN:
Tax IDISSN:
Tax IDISSN:
Tax IDISSN:
(The date on which the last party signed or initialed acceptance of the final offer.
Buyer ( ) ( ] and Seller [ ...) (_) acknowledge receipt of a copy of this page, which is Page 2 of 3 Pages
10'reference to Contract dated December
(the Buyer) and
,1999 between
Seller), it is further'AGREED as FOLLOWS:
This addendum, upon its execution by both parties, is herewith made an integral part of the
aforementioned Contract.
Date executed by Buyer
Buyer Buyer
Date executed by Buyer
Seller Seller
· Buyer ( ) ( ) and Seller ( ) (_) acknowledge receipt of a copy of this page, which is Page 3 of 3 Page~
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