R05-043
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1
2 RESOLUTION NO. R05- C"¡ 3
3
4 A RESOLUTION OF THE CITY OF BOYNTON BEACH,
5 FLORIDA, AUTHORIZING THE ACQUISITION OF
6 PROPERTY FOR THE WILSON CENTER PROJECT
7 FROM VELMARIE LAMBERT AND WILLIE BROWN
8 AND AUTHORIZES THE MAYOR TO EXECUTE ALL
9 NECESSARY DOCUMENTS; AND PROVIDING AN
10 EFFECTIVE DATE.
11
12 WHEREAS, the City Commission, upon recommendation of staff, has deemed it to be
13 'n the best interests of the citizens and residents of the City to accept the Urban Group's
14 egotiated contract to acquire property located at 216 N.W. 13th Avenue, Boynton Beach,
]5 wned by Velmarie Lambert and Willie Brown, for the amount of $230,000.00, as part of the
16 evelopment of the Wilson Center Project.
17 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
18 HE CITY OF BOYNTON BEACH, FLORIDA, THAT:
19 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as
20 eing true and correct and are hereby made a specific part of this Resolution upon adoption
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22 Section. 2. The City Commission ofthe City of Boynton Beach, Florida does hereby
23 uthorize the acquisition of property from Velmarie Lambert and Willie Brown, in the amount
24 f $230,000.00, for the development of the Wilson Center Project and authorizes the Mayor to
25 xecute all necessary documents.
26 Section 2. This Resolution shall become effective immediately upon passage.
27
:\CA\RESO\Real Estate\Purchase trom Lambert & Brown - Wilson Center Project.doc
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1 PASSED AND ADOPTED this ~ day of March, 2005.
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4 CITY OF BOYNTON BEACH, FLORIDA
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\CA\RESO\Real Estate\Purchase fi-om Lambert & Brown - Wilson Center Project. doc
Ros--oy 3
AGRFFMFNT FOR PTTRl'H ASF A NT) SA T F OF RFA T PROPFRTY
THIS AGREEMENT is made and entered into between CITY OF BOYNTON BEACH,
(hereinafter referred to as "PURCHASER"), and Ms. Velmaree Lambert and Willlie Brown,
(hereinafter referred to as "SELLER"),
WTTNFSSFTH
In consideration of the mutual agreements and upon and subject to the terms and
conditions herein contained, the parties hereto agree as follows:
1. T)FFTNTTTONS. The following terms when used in this Agreement for Purchase
and Sale shall have the following meanings:
1.1 T ::Iml /Propprty . That certain parcel of Land located in Boynton Beach,
Florida, together with any improvements thereon if applicable. The Land is more particularly
described on Exhibit "A" which is attached hereto and made a part hereof. The Land is also
sometimes referred to herein as the "Property."
1.2 l'lm:lng. The delivery of a Warranty Deed to PURCHASER concurrently
with the delivery of the purchase price and other cash consideration to SELLER.
1.3 l'lm:ln£ T)::¡tp. The date upon which the closing occurs.
1.4 Deed. A Warranty Deed, which shall convey the Land from SELLER to
PURCHASER.
1.5 F::Irnp~t Monpy. The sum of One Hundred and no/loo ($100.00) Dollars
has been delivered from PURCHASER to Escrow Agent pursuant to Section 2.1 set forth
herein. PURCHASER shall make an additional deposit in the amount of One Thousand One
Hundred Dollars ($1,100.00) upon the expiration of the 60 day Inspection Period.
1.6 SFT.T FR 'S A(klrp~~. 216 NW 13th Avenue, Boynton Beach, FL 33435
Page 1
1.7 PTTRl'HASFR'S Aclclrp~~. City of Boynton Beach: 100 East Boynton Beach
Boulevard, P.O. BOX 310, Boynton Beach, Florida 33425-0310, with copy to Donald J.
Doody, Esquire, GOREN, CHEROF, DOODY AND EZROL, P.A., 3099 East Commercial
Boulevard, Suite 200, Fort Lauderdale, Florida 33308.
1.9 Othpr T)pfinltl0n~. The terms defined in any part of this Agreement shall
have the defined meaning wherever capitalized herein. Wherever appropriate in this Agreement,
the singular shall be deemed to refer to the plural and the plural to the singular, and pronouns of
each gender shall be deemed to comprehend either or both of the other genders. As used in this
Agreement, the terms "herein", "hereof" and the like refer to this Agreement in its entirety and
not to any specific section or subsection.
2. PTTRl'H ASF A NT) SA T F.
Subject to the provisions of this Agreement, the SELLER hereby agrees to sell to
PURCHASER, and PURCHASER hereby agrees to purchase from SELLER, the Land,
previously identified on Exhibit "A", for the total purchase price of EIGHTY FIVE
:J.Jo,OOO.OO
THOUSAND DOLLARS and NO/100~ and upon and subject to the terms and
conditions hereinafter set forth. @
2. 1 F::Irnp~t M onpy .
PURCHASER has deposited and placed in an escrow account maintained by
GOREN, CHEROF, DOODY AND EZROL, P.A. monies in the amount of ONE HUNDRED
AND NO/loo ($100.00) DOLLARS. The Escrow Agent is located at: GOREN, CHEROF,
DOODY AND EZROL, P.A., 3099 East Commercial Blvd., Suite 200, Fort Lauderdale,
Florida, 33308. This contract is contingent upon the Boynton Beach City Commission approving
this agreement and the other contingencies set forth in Section authorizing the appropriate city
officials to consummate the transaction. This contingency, together with any other contingencies
Page 2
0'211312E1E15 19: 43 9E147545513 BROWN
I:J2IU/2Ð~5 15:58 3c,5:J'21,',< 'F 1.1',",)..,\.,.1 """t,.'..;:tI'J\.ot ~ï' PAGE 132
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1.7 E1lJU::HASER' S Adtirn.ç" Ci~ of Boynton Beacb: lOO East Boynton Beach
Boule\'ard, P.O. BOX 3)0. Boynton Beach, Florida 33425;.Q310. wirh çopy to Donald 1.
Doody, Eaquire. GOREN. CHEROF, DOODY AND EzROI!.. P.A., 3099 Ea,t COn1II1ln'cial
Boulevard, Suite: 200. F'OM Lauderdale, Florida 33308,
1.9 Oth~r r~fi1lÌ!ioDs. The te:.rrns defined in JD)' part of this Agreent~Dt sluall
have th~ defil1~ ro.ea.nin¡ wl1erever capitalized herein. Wh,revdr appropriate in thill Agreement.
rhe singulal 6baU be deemed to refer to tlte plural and the plural:to the singular, aDd pronouns of
eaçh gender shá11 be deemed to c;Omprehend either or bow of the other g~nden. AI used in this
Agreement. the term~ "herein to "hereof" IU1d die llkt refer to this Agrccmeut in its coWety and
not (0 any s~dt1c section or sub5~rion.
2. p~lRCW\SE...ASD-SALE.
subjec,t to tBe provisions of this Agreement. th~ SELLER hereby aarees to 1Iell to
PURCHA.SER. and PURCHASER hereby agrees to purch.¥e from SELLER, the Land.
previou9Jy îdcmified aD Exh.Ibtt Of A" . for the total purchu~ price of EIGHTY FIVE
~o,OOO. 00
THOUSAND DOLLARS ",><I NOIIOO_~ ~ subject '" tbe..ons "'"
conditions hereinafter Bet fl)l'th. ~ W
2, J f;.anua.v Mnn~y.
PURCHASëR tw dcpositr,d and placed in an ;eS(;[ow acçowu DlJintained by
GOREN, CHEROF. DOODY AND EZROL... P.A. monics in the amount of ONE HUNDRED
AND NO/100 ($100.00) DOl. LARS , The Escrow Agent is located at: GOREN. CHEROf.
DOODY .-,\1\'1) EZROL. p, A" 3099 East Co~cia1 Blvd.. Suite 200. Fort Laudmtale,
Florida, 33308, Tbis contnACl is cont¡n&~.):\t upon (he Boynton Ð~h City Co.nut\J.ssioll approving
this igtl!tmt."nr. and the oth~r contingenc i~ ~tr furth in St'crion iaulhorWng the .
appropnate city
otncials to con!>untmate tbe transac';(\Tl This ~nlingel)cy tC)g~1.bè 'tb oeM ' ,
, . r WI any r confu1gcn.C1e:'õ
Page 2
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set forth in this Agreement, shall be fulfilled or waived by Purchaser within the Inspection
Period, as defmed in Section 3 hereof.
2.2 R::Il::1nrp of Pl1rrh::l~p Prlrp. PURCHASER shall pay the balance of the
Purchase Price to SELLER at closing by cash or by certified check, or by wire transfer to
SELLER'S bank account of current federal funds.
2.3 The Purchase includes all rights, title and interest, if any, of SELLER in
any Land lying in the bed of any public or private street or highway, opened or proposed, in
front any of the adjoining Property to the center line thereof. The sale also includes any right of
SELLER to any unpaid award to which SELLER may be entitled: (1) due to taking by
condemnation of any right, title or interest of SELLER and (2) for any damage to the Land due
to change of grade of any street or highway. SELLER will deliver to PURCHASER at closing,
or thereafter on demand, proper instruments for the conveyance of title and the assignment and
collection of award and damages;
3. TNSPFl'TTONS. Buyer shall have until 5:00 P.M. on the date which is
thirty-(30) calendar days (the "Inspection Period") after the execution of this agreement in which
to conduct such investigations and inspections as to, among other things, the Property, the
physical condition thereof, the environmental condition thereof, the market value thereof, the
status, standing and transferability of any licenses applicable to the Property or any part thereof
or any business operations conducted thereon, the feasibility of the purchase of the Property for
Buyer's purposes, matters of zoning and all other matters with respect to the Property which are
in Buyer's judgment relevant to Buyer's determination whether to purchase the Property or to
terminate this Agreement and, without limitation to the foregoing, within which to obtain all
necessary authorizations. Seller shall cooperate in good faith with Buyer in Buyer's efforts to
investigate the Property during the Inspection Period. To the extent permitted by law, Buyer shall
Page 3
indemnify Seller from and against any loss, damage, cost or expense incurred by Seller as a
result of Buyer's inspection of the Property, and Buyer shall, following any such inspections,
promptly restore the Property to the condition existing immediately prior to such inspections. If
for any reason whatsoever, in Buyer's sole discretion, Buyer determines during the Inspection
Period that it does not wish to purchase the Property and to close the transaction contemplated
hereby, Buyer shall have the absolute right to terminate this Agreement by giving written notice
of such termination to Seller in the manner hereinafter provided for the giving of notices, prior to
the expiration of the Inspection Period. Upon receipt of such notice the Deposit shall be returned
to Buyer and thereafter this Agreement shall be deemed terminated and of no further force and
effect and both parties shall be released and relieved of any liability or obligations hereunder. If
Buyer does not provide notice of termination prior to the expiration of the Inspection Period, then
it shall be presumed conclusively that Buyer is satisfied with its investigation, and thereafter
Buyer shall have no further right to terminate this Agreement in accordance with the provisions
hereof, and, shall be obligated to close the transaction contemplated herein on the Closing Date.
4. l'ONDTTTON OF THF PROPFRTY' DTSl'T A TMFR OF
,
RFPRFSFNT A TTONS.
4.1 Buyer hereby expressly acknowledges and agrees that except as and to the
extent expressly provided to the contrary in this Agreement: (a) Seller makes and has made no
warranty or representation whatsoever as to the condition or suitability of any portion of the
Property for Buyer's purposes, (b) Seller makes and has made no warranty, express or implied,
with regard to the accuracy of any information furnished to Buyer, and Seller shall not be bound
by any statement of any broker, employee, agent or other representative of Seller, (c) Buyer will
have made by the end of the Inspection Period a complete and thorough examination and
inspection of all portions of the Land, on the basis of its inspection, Buyer is thoroughly familiar
Page 4
with all portions of the Property (including without limitation, whether or not hazardous or toxic
materials are or have heretofore been located on or under or generated from any portion of the
Property), zoning, land use restrictions, utility availability and hook up costs (including, without
limitation, whether or not septic tanks are permitted or prohibited) and all other matters relevant
to Buyer, (d) Buyer will have determined by the end of the Inspection Period that the condition of
all portions of the Property is satisfactory to Buyer, (e) notwithstanding the nature or extent of
the inspections Buyer has made, Buyer shall purchase and accept every portion of the Property in
its condition without requiring any action, expense or other thing or matter or matter on the part
of the Seller to be paid or performed and, upon acceptance of the Deed at Closing. (f) Buyer will
have obtained by the end of the Inspection Period all necessary approvals for its purchase of the
Property, including, without limitation, if the Buyer is a municipality or agency of any
government, all necessary authorizations from any council, commission, governing board, and
the like, together with all necessary appraisals to fulfill the requirements of law relating to the
value of the Property for purchase, all the foregoing of which shall be deemed to have been
acceptable to Seller and fully approved as required by law, and (g) Seller makes and has made no
warranty, express or implied, concerning any portion of the Property, its condition, the use to
which it may be put, any environmental matters, or any other thing or matter directly or
indirectly related thereto or hereto. In accordance with Section 161.57(2) Florida Statues, Buyer
hereby waives being furnished any information by Seller related to whether or not any portion of
the Property lies seaward of any coastal construction control line (as defined in Section 161.053,
Florida Statutes) and any such information shall be compiled by Buyer, if Buyer desires, at
Buyer's sole cost and expense (the foregoing is not a condition to Closing, and regardless of the
information learned, Buyer shall not be entitled to terminate this Agreement). The provisions of
this section shall survive Closing and delivery of the deed of conveyance.
Page 5
5. FVTDFNl'F OF TTTT F.
5.1 Title to the Land. SELLER shall convey to PURCHASER at closing, by
delivery of a Warranty Deed, regarding the subject Land, subject to all easements and restrictions
of record. Within ten (10) days of the execution of this Agreement, Purchaser shall secure a title
insurance commitment insuring PURCHASER'S title to the Land subject only to those exceptions
set forth in the commitment and acceptable to PURCHASER. All costs and expenses relative to
the issuance of a title commitment and an owner's title policy shall be borne by the
PURCHASER.
PURCHASER shall have ten (10) days from the date of receiving said commitment to
examine said commitment. If PURCHASER objects to any exception to title as shown in said
commitment, PURCHASER shall within ten (10) days of receipt of said commitment, notify
SELLER in writing specifying the specific exception(s) to which it objects. Any objection(s) of
which PURCHASER has so notified SELLER, and which SELLER chooses to cure, shall be
cured by SELLER so as to enable the removal of said objection(s) from the title commitment
within ten (10) days after PURCHASER has provided notice to SELLER. Within two (2) days
after the expiration of SELLER I S time to cure any objection, SELLER shall send to
PURCHASER a notice in writing (a "cure notice") stating either (1) that the objection has been
cured and in such case enclosing evidence of such cure, or (ii) that SELLER is either unable to
cure or has chosen not to cure such objection. If SELLER shall be unable or unwilling to cure
all objections within the time period set forth in the preceding sentence, then PURCHASER may
(a) terminate this Agreement by written notice to the SELLER within five (5) days after receipt
of a cure notice specifying an uncured objection, in which event all instruments and monies held
by the Escrow Agent shall be immediately returned to PURCHASER; or (b) subject to the
provisions set forth below, proceed to close the transaction contemplated herein despite the
Page 6
uncured objection.
5.2. Snrvpy ::Incl T pe;~ 1 Dp~r.rlptl0n During the Inspection Period, PURCHASER shall
order: (i) a true, complete and reproducible tracing of a current survey map (current is defined
to be certified within fifteen (15) days of the date of the Agreement), prepared by a registered
Land surveyor or engineer licensed in the State of Florida showing the boundaries of the Land,
and the location of any easements thereon and certifying the number of acres (to the nearest one
thousandth acre) of Land contained in the Land, improvements and encroachments; and (ii) a
correct metes and bounds legal description of the Land which, upon approval thereof by
PURCHASER and SELLER (not to be unreasonably withheld), shall be the legal description
used in the deed of conveyance. The survey and legal description shall be prepared and certified
by a surveyor licensed and registered in the State of Florida and shall comply with the
requirements of the survey map established in connection with the issuance of an owner I s title
insurance policy on the Land. The survey shall be certified to PURCHASER and the title
insurance company issuing the title insurance.
In the event the survey shows any material encroachments, strips, gores, or any portion
of the Land non-contiguous to any other portion of the Land or any other matter materially
affecting the intended use or marketability of title to the Land (any such matter is herein called a
"survey objection" and treated as a title defect), PURCHASER shall have a period of ten (10)
days after receipt of the survey by PURCHASER within which to approve or disapprove any
survey objection and to give notice to SELLER of any disapproval thereof indicating in
reasonable detail the nature and reasons for PURCHASER'S objection. PURCHASER agrees
that it will not arbitrarily or unreasonably withhold its approval of any such survey objection and
that PURCHASER will approve any such survey objection which does not affect the
marketability of title or materially interfere with PURCHASER I S use of the Land as a self
Page 7
storage facility. In the event PURCHASER provides a notice of disapproval of a survey
objection to SELLER, the rights and obligations of the parties respecting such survey objections
shall be governed by Section 5.1 hereof such that the parties shall have the same rights and
objections as though such survey objection objected to was a new exception to title which was
discovered and objected to within the contemplation of Section 5.1.
6.0 RTSK OF TOSS.
6.1 Risk of loss or damage from fire, other casualty, or both, is assumed by
SELLER until the deed described in Paragraph 5.1 hereof is delivered by SELLER to
PURCHASER.
(a) In the event the Land, or any portion thereof, is condemned by any
governmental authority under its power of eminent domain or becomes the subject of a notice of
condemnation, PURCHASER may elect to terminate this Agreement, in which event the entire
deposit and interest shall be returned to PURCHASER and neither party shall have any further
claim against the other, or PURCHASER may elect to complete settlement hereunder, in which
event SELLER shall assign to PURCHASER all of SELLER'S right, title and interest in and to
any condemnation awards, whether pending or already paid.
7. TRANSFFR OF TTTT F STJRTFl'T TO. The Land shall be conveyed subject only
to those exceptions as set forth in paragraphs 2.3, 5.1 and 5.2 and to:
(a) Water lines, sanitary sewer, drainage, gas distribution, electrical
and telephone easements of record provided that they are used to service the Land.
(b) Unpaid assessments payable after the date of the transfer of title.
8. ADnrSTMFNTS AT l'T OSTNG.
In the event that, following the Closing, the amount of assessed real property tax
on the Property for the current year is higher than any estimate of such tax used for purposes of
Page 8
the Closing, the parties shall re-prorate any amounts paid or credited based on such estimate.
This provision shall survive the Closing.
9. l'T OSTNG DATF AND PT Al'F. The closing will take place at an office and
time mutually agreed upon no later than (15) days subsequent to the expiration of the inspection
period, time being of the essence.
10. DP-FA TTT T. If the PURCHASER shall fail or refuse to consummate the
transaction in accordance with the terms and provisions of this agreement, the deposit and interest
shall be forfeited to SELLER as agreed upon liquidated damages. In the event of such default by
PURCHASER, SELLER'S sole and entire remedy shall be restricted to retention of the deposit
plus all accrued interest, if any, and PURCHASER shall have no other responsibility or liability
of any kind to SELLER by virtue of such default. In addition to the other remedies which
PURCHASER may have specifically set forth in this Agreement in the event of SELLER'S
default, PURCHASER shall be entitled to equitable relief to enforce the terms and conditions of
this Agreement either through a decree for specific performance or injunctive relief.
11. l'OSTS. PURCHASER shall be responsible relative to the costs and expenses
related to the documentary stamps affixed to the Warranty Deed, the costs related to the survey,
the appraisal, and the costs and expenses incurred relating to the recording of the Warranty Deed.
Obtaining an Owner's Title Policy shall be the responsibility of the PURCHASER.
12. SFT T FR' S W A RR A NTTFS. SELLER hereby acknowledges and warrants to the
best of its knowledge that all of the following statements are true and correct as of the date of
Closing and shall survive the closing.
(a) There are no leases, letting or tenancies affecting any part of any of
the Land except tenant leases and there are no written or oral promises, understandings,
agreements or commitments between SELLER (or any predecessor of SELLER) and any tenant
Page 9
or other person affecting the Land.
(b) DELETED.
(c) SELLER is not in default in any of SELLER I S obligations to any
supplier of any materials or services obtained or to be used in connection with the property.
All of the representations, warranties and covenants of SELLER contained
in this Agreement or in any other document, delivered to PURCHASER in connection with the
transaction contemplated herein shall be true and correct in all material respects and not in default
at the time of closing, just as though they were made at such time.
13. PTTRl'HASFR'S WARRANTTFS. PURCHASER hereby acknowledges and
warrants to the best of its knowledge that all of the following are true and correct and all shall
survive the closing:
(a) PURCHASER has full power and authority to enter into this Agreement
and to assume and perform all of its obligations hereunder.
(b) The execution and delivery of this Agreement and the performance by
PURCHASER of the obligations hereunder have been duly authorized by the PURCHASER as
may be required, and no further action or approval is required in order to constitute this
Agreement as a binding obligation of the PURCHASER.
14. FNFORl'FAHTT TTY. If any provision in this Agreement shall be held to be
excessively broad, it shall be construed, by limiting and reducing it, to be enforceable to the
extent compatible with applicable law. If any provision in this Agreement shall, notwithstanding
the preceding sentence, be held illegal or unenforceable, such illegality or unenforceability shall
not affect any other provision of this agreement.
15. l'ONTTNGFNl'ms. PURCHASER I S obligations under this Agreement is
contingent upon:
Page 10
(a) The PURCHASER obtaining authorization from the City Commission of
BOYNTON BEACH authorizing the City officials to consummate this transaction.
(b) The PURCHASER obtaining one (1) appraisal from appraiser pursuant to
Section 253.025 (6)(b) of the Florida Statutes (2001). The appraisal shall show the Land to have
an appraised value equal to or exceeding the Purchase Price as set forth in Section 2. In the event
the appraisal value does not equal the Purchase Price, the City Commission may elect to
terminate this Agreement.
(c) The PURCHASER obtaining a satisfactory Environmental Phase I Audit.
In the event, the Environmental Audit is not satisfactory, the City Commission may elect to
terminate this Agreement.
(d) If upon the expiration of the inspection period the City determines that the
Land is unsuitable for any intended use, they may elect to terminate this agreement and receive
an immediate return of the deposit.
Notwithstanding anything to the contrary contained in this Section 15 or elsewhere in this
Agreement, the foregoing contingencies shall be fulfilled or waived by Purchaser in their entirety
within the Inspection Period. In the event that the purchaser has not furnished Seller with written
notice of termination of this Agreement during the Inspection Period in the manner herein for
providing notices, it shall be conclusively presumed that any and all contingencies to the
Purchaser's obligation to purchase the Land in accordance with the terms and conditions of this
Agreement have occurred, been performed and/or waived, and the Purchaser shall be obligated
to purchase the Land on the closing date.
16. NO T TARTT TTY. Unless this Agreement is executed by both parties within the
specified time period, neither party shall be obligated to perform the covenants herein contained.
Page 11
17. FFFFl'TTVF DA TF. Unless both SELLER and PURCHASER execute this
Agreement by March 15, 2005, this Agreement shall be null, void and ineffective. This
Agreement shall be deemed effective as of the last date that the document is executed by either
PURCHASER or SELLER.
18. GOVFRNTNG TAW. This Agreement shall be governed by the laws of the State
of Florida.
19. FNTTRF A GRFFMFNT , All prior understandings and agreements between
SELLER and PURCHASER are merged in this Agreement. This Agreement completely
expresses their full agreement.
20. NO OR AT l'H A NGF. This Agreement may not be changed or amended orally.
21. STTl'l'FSSORS. This Agreement shall apply to and bind the distributees,
executors, administrators, successors and assigns of SELLER and PURCHASER.
22. 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 health unit.
23. l'OTTNTFRPA RTS· This Agreement may be executed in two or more
counterparts, each of which shall be and shall be taken to be an original and all collectively
deemed one instrument.
24. The parties hereto agree that a facsimile copy hereof and any signatures hereto
shall be considered for all purposes as originals.
25. RROKFR:
a) Seller represents that it has not listed the property for sale or otherwise
Page 12
entered into any agreement for the payment of a real estate brokerage commission regarding the
sale of the property with any broker or any other person entitled to be paid a brokerage commission
in accordance with Florida law.
b) Seller hereby indemnifies and holds Purchaser harmless from and against
all liability, cost or expense, including reasonable attorney's fees whether trial be brought or not,
in the event the representations of Seller are false or incorrect or in the event of any claim that is
made against Purchaser, by any person who claims to be entitled to a real estate brokerage
commission as a result of having entered into an express agreement with the Seller for the
payment of a commission
Page 13
IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates
indicated below.
WITNESS: PURCHASER:
CITY OF BOYNTON BEACH, a Florida
Municipal corporation
e 11/<:" _
(Pfin~am t) ... ' n () ~ '-"", ~
V~~ J~ BY:,Q, ~ry/? .~
iiJ . \~ ?fI" yor '
~e ~a ~ \ \e ~ L
(Print Namet)
DATE:
SELLER:
VELMAREE LAMBERT WILLIE BROWN CITY AITORNEY
"tI" ~
I{ ¡
1/¡) IYlrL/!.uL, , ~kLjll:cr;
(Signature)..j (SIgnature)
V EU'J/1/'tt£r;- LA-¡lnj?£K( (5E.e; œpy AitACf1£D
(Print Namet) (Print Name)
Date: ¿) - / ~ - 0,,;:;' Date:
WITNESS: ESCROW AGENT
s<!Yì/lQ- bQQQC\ ~ GOREN, CHEROF, DOODY
. AND EZROL .A.
By:
tlelr:,sú A ~
(Print Namet) ,~ /J t) ~~
DATE: ~Ðl~
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IN WITI'ESS WHEREOf. the partios Wive e"~\ltcdtb.., AgreetDCJÚ a$ of the dÍ1t!!s
indic:tted below.
WITNESS: pURCHASER:
CITY Of BOYNTON 'BEACH, a Florida
Munlcìpal corpordion
~ --
(J»rinf Namet) -
BY: ............-.---.---
------- ~ - --.
Mayol
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WITNlŒS: ESCROW AGENT
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EXHIBIT "A"
Property Address: th Boynton Beach, FL
216 NW 13 Avenue,
Legal Description: Lots 499 and 500 of Cherry Hills according to
the plat thereof as recorded in plat book 4,
page 58 of the public records of Palm Beach
County, Florida
Property ID: 08434521140004990
Page 15
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~.... 'J GOREN, CHEROF, DOODY & EZROL, P.A.
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., \ " . ATTORNEYS AT LAW
SUITE 200
3099 EAST COMMERCIAL BOULEVARD
FORT LAUDERDALE, FLORIDA 33308
SAMUEL S GOREN TELEPHONE (954) 771-4500 JULIE F. KLAHR
JAMES A. CHEROF FACSIMILE (954) 771-4923 DAVID N. TOLCES
DONALD J. DOODY MICHAEL J, PAWELCZYK
KERRY L. EZROL RICHARD J, DEWITT, III
MICHAEL D. CIRULLO. JR
STEVEN L, JOSIAS, OF COUNSEL
March 28, 2005
Hand Delivered
Ms. Janet M. Prainito
City Clerk of City of Boynton Beach
100 East Boynton Beach Boulevard
Boynton Beach, Florida 33435
Re: City of Boynton Beach Purchase from Lambert / Executed Agreement for
Purchase and Sale of Real Property
Dear Ms. Prainito:
In connection with the above transaction, enclosed please find the original fully
executed Agreement for Purchase and Sale of Real Property for your records.
Should you have any questions, please do not hesitate to contact us.
.
Sincerely,
GOREN, CHEROF, DOODY & EZROL, P.A.
sx!Îì'Y7aloRi!Jo §?
Annabella Barboza .
Real Estate Paralegal
Enclosures
cc: Magaly Pinares, The Urban Group
Wally Majors, City of Boynton Beach
James Cherof, City Attorney
h:\2005\050121\05-03-28 letter to bb enc k.doc