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R91-75 RESOLUTION NO. R91-7c~ A RESOLUTION OF THE CITY cOMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A CERTAIN CONTRACT FOR SALE AND PURCHASE AND THE ADDENDUM THERETO REGARDING THE PURCHASE OF THE FEE SIMPLE TITLE TO 1.24 ACRES OF REAL PROPERTY LOCATED ON THE EAST SIDE OF SEACREST BOULEVARD JUST SOUTH OF SOUTHEAST 15TH AVENUE IN THE CITY OF BOYNTON BEACH, FLORIDA FOR UTILITY AND OTHER MUNICIPAL PURPOSES FROM MR. GENE MOORE III; A COPY OF SAID CONTRACT AND ADDENDUM IS ATTACHED HERETO AS EXHIBIT "A"; AND PROVIDING AN EFFECTIVE DATE. WHEP~AS, the City Commission of the City of Boynton Beach, Florida, by Resolution R91-18, dated February 5, 1991, authorized the City Manager and staff to negotiate and bring back for City commission approval a Purchase and sale ~ontract for the above tract; NOW,~THEREFORE, BE IT RESOLVED BY THE CITY cOMMISSION ~F THE cITYOF BOYNTON BEACH, FLORIDA THAT: Section 1. The City of Boynton Beach, Florida hereby authorizes and directs the Mayor and City Clerk to execute said Purchase and Sale Contract and the Addendum thereto, as attached hereto as Exhibit "A". Section 2. This Resolution shall take effect immediately upon passage. 1991. pAESEDAND ADOPTED this ~ day of May, CITY OF BOYNTON BEACH, FLORIDA ATTEST: (.CerpoTat? Seal ~~'"'~- ' - ~ub 3~-4~'~, the ~out~ Palm Beach ~ · . .... i~n ~e~ ~f_the Florida East Coa*t Raitro*d' rib/of-way, eonsietin~ of 1.24 acres, ~.~..m.a~a~ Ea*t ~ld~ of Seaeresi Boulevard, ~'u~i-South'of S.E. 15 Avenue, ~ ~, -- ~ , ...................... 7. .................. , ~ oo0:oo ~ ~ ~ ..................................................... {~[' ~t* ~~ ..... ,.,. _, -- ~ ~ . , ................ ~5.000. O0 ~IS 1S I~ENDEO ~ BE A LHOALLY BINDiNO CON~A~, ~~,~_ ~ ~ " - -/Ih ,1/I / / ~ . ~ .- / 1~'1 / ~J/~. _~-. :_ ..... :.- -- -. · ,- ~ - ~ /~ t/ ~ ,,.-.] STANDARDS FOR REAL ESTATE TRANSACTIONS (~ADD~.NDUM~) TO CoNTP~CT FOR (t~¢oNTR~CT~) ~y AND BETWEEN GENE MOOR~, III~ a single man (~SELLER"), ~ THE CITY OF W~EREAS, seller owns that certain Palm Beaoh county real property more particularly described in the Contract (,,Property"); and WHEREAS, Buyer desires to purchase from seller and Seller desires to sell to Buyer the Property; and WHEREAS, Buyer and Seller have entered into the Contract and desire to modify the Contract as set forth here~n: NOW, THEREFORE, in consideration of the premises and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto hereby agree as follows: 1. ~. The foregoing recitations are true and correct and are incorporated herein by reference. 2. ~QD~. In the event of any conflict between any term, condition, and/or provision of this Addend~ and any ter~, condition, and/or provision of Contract, the term, condition, and/or provision of this Addendum shall control. 3. Titl~D~- Paragraph V of the Contract is hereby modified by adding the following sentence to the end thereof: "Title evidence and the premium for the owner's title insurance policy resulting therefrom shall be at Seller's sole expense." 4. ~_~. The parties hereto each represent to the other that there was no realtor, agent, sales person, broker, or any oth~r n party instrumental in the negotiation and/or oonsu~mat~o of this transaction. Seller hereby indemnifies and holds Buyer harmless from and against any and all costS, fees, damages~ neXpenesS, claims, and liabilities including, without limitatlo , reasonable attorneys' and paralegals' fees and court costs through all trial and appellate levels and po~t-Judgmsnt proceedings arising out of any claim or demand or threats of claim by any broker, realtor, agent, sales person, or other party claiming through or under Seller, whether incurred by settlement and regardless of whether litigation shall result. 5. ~_~rdousW~. Seller hereby represents and warrants that are no, and Seller will not permit nor suffer there to be. any hazardous substances, as that term is defined in Section 101(14) of the Comprehensive Environmental Response compensation and Liability Act (,CERCLA")(42 USC §9601 [14]), asbestos, radon, polychlorinated biphenyl~, petroleum products, waste, oil, or other hazardous or toxic materials, wastes or'. other substances (collectively, ,,ToXic substances") spilled, deposited, disposed, released, or transported in, on, or under any .pa~t of the Property, nor are there any substances or,conditions ~n, on, or under the Property that may support a claim or cause of action under common law or under any federal, state, or local statute, regulation, ordinance, rule, order, Or other regulatory requirement. Seller shall keep and maintain the Property in compliance with all, and shall not cause or permit the Property to be in violation of any, federal, state, and/or local laws, ordinances, rules, orders, and regulations relativeco't° Toxic Substances, and seller shall not u~e, generate, manufacture, store, or dispose of, on, under, or about the Property, or ....... any Toxic Substance, nor s~a½} ~eport to or from tge ~%~,r~, t~; foregoing. Seller ~nal~ ~%1 r permit or suffer . ~ ..... ~ ~-~, nd all proceedingS, ~e~ia~el¥ advise Buyer ~n. wr~s~..u.t~'~=~;,overnmental and/or ~."~ ,n~'threats of claim) an~ an~ ~*'~.~ev with respect regulatory ac~u_~,= ~ j. id_,~_ces. Seller hereby ln~emnx~xu~ ~?~ to 'any end all TOXIC ~uu~u=~. agrees to hold Buyer harmless from 'and against any and ali costS, judgments, obligations, claims, damages, liabilities, = ~- e~ler which Buyer may incur nd ex enses causeo or ~* .. - ~- --t~ its orders, ~_ P ..... ~ ~ C~lter,s faliure Do comp£y ~ ~* ==_ obligations hereunder. ~* ...... closing of the Contract. 6. ~Z The city of Boynton Beach is entering · ontract aha purchasing the subject real property for into this C the express purpose of upgrading the existing utility services of the City and that the property will be used for the following purposeS: a. East Water Treatment Plant Disinfection Modification Requirements (ozone Facility); b. The construction of a new elevated storage tank replacing the existing north and south metal structures: c. Biofilters or GAC system for East Water Treatment Plant; d. stormwater treatment for the plant in East wellfield as mitigation to to seawater intrusion of the eastern wellfields; preexisting e. Mitigation of environmentally sensitve habitats that have been identified and documented; and f. Providing a buffer from existing residences located south of the tract. 7. ~L$~TIQ~' purchaser shall have from February 28, 1991 to April 3, 1991 (the ,,inspection period") to determine that the improved land is satisfactory for utilization by the City of Boynton Beach for its intended use. Additionally, that all federal, state, county and local laws, rules and regulations have been and are currently being complied with, with respect to the real property. During the inspection period, the purchaser shall determine that utility services, if necessarY, including, water, wastewater, electric, telephone and other utilities are available and the proper size and 'capacity and are installed to the property line. Furthermore, Purchaser shall determine that the existing zoning classification on the property subject to this agreement will permit Purcl~aser to utilize the land for its intended purposes. In the even~ ithat any inspections and any reviewed documents conducted by ithe Purchaser rela~lve to the real property during this inspection period prove unsatisfactory in any fashion, the Purchaser, at its sole discretion, shall be entitled to terminate this Agreement by providing written notice to the Seller. 8. ~_ ~_~.. _ON.-~_ WA_RRANTIE~- To~.~induce Purchaser to enter into this~ Agreement, the Seller.~makes the. following representations and warrantles~ all of which, in all material respects and accept as otherwise"pr°vided in this Agreement are now true and shall be true as of the date of closing= a. Th~ Seller has good,-indefeasible and markabte title to all the land free and clear of all liens, except the existing first mortgage encunubering the land, if. any, encumbrances, covenants, conditions, restrictions, rights-of-waY, easements and. other matters affecting title, and acceptable to Purchaser. ~age z-of 3 · b. The Seller shall keep the land at all times (whether efore or after the date of closing, free and clear of any mechaniCS or materialmen'S liens for work or materials furnished =o or contracted for, by or on behalf of Seller prior to closing, the Seller shall indemnify, and defend and hold purchaser harmless against all expenses and liabilities in connection herewith (including, without limitation, court costs, reasonable attorney's fees). c. The seller represents to the Purchaser that the land is not to seller's knowledge, subject to any deed restrictions or declaration of restrictions running with the land, which would affect the use of the land by the City for its intended use. 9. ~ONTP~. Upon the execution of this Agreement, seller shall provide Purchaser with a copy of any and all existing contracts, licenses and permits affecting the property. 10. ~LT~~' Purchaser'S obligations under the Contract and the Addendum are contingent on Purchaser determining that the land is satisfactory for its intended use by the City of Boynton Beach on or before ~1991 _, 1991. 11. ..: ~ - i ~ '- _t-. seller herebYt represents and warrants that seller has full power and authorz Y to enter into and consummate the .subject transaction including, without limitation, the execution of and performance of Seller's obligations pursuant to the Contract and this Addendum. 12. ~. Except as specifically modified hereby, the terms, conditions, and provisions of the contract are hereby ratified and shall remain in full force and effect. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals on the dates below their respective names. -- WITNESSES: BUYER: CITY OF BOYNTON BEACH, FLORIDA // GENE }[CORE, III, a s~-ngie at~n DATE:. 2/2~/91 2/27191 ',.CORPOt. AT BgADDEI4 Page 9 of ~