Loading...
R91-050 (2)RESOLUTION NO. R91-C~-69 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 ADDENDU}4 THERETO REGARDING THE PURCHASE OF THE FEE SIMPLE TITLE TO 6.63 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 NN/NICIPAL PURPOSES FROM MR. ROBERT J. ROSE AND ROBERT J. ROSE, JRt; A COPY OF SAID CONTRACT AND ADDENDUM IS ATTACHED HERETO AS EXHIBIT "A"; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Boynton Beach~ Florida, by Resolution R91-18, dated February 8, 1991, authorized the City Manager and staff to negotiate and bring back for City Commission approval a Purchase and Sale Contract for the above tract; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY ~F 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. immediately upon passage. This Resolution shall take effect PASSED AND ADOPTED this day of ~p/~/L, 1991. CITY OF BOYNTON BEACH, FLORIDA '}4ayor ATTEST: Cit~Clerk Commissioner (Corporate Seal) CONTRACT FOR SALE AND PURCHASE Robert J. Roser Jr. .l'~e~-'). 108 Forest Avenu~ T~l;~ V~-I l'o~x_ N~ V~ 1156~' . (~ )' City of Boynton Beach~-Florida' ~ ' - .('~'). 1OO E. Boynton Beach Blvd, ~ P.O. Box 310, Boynton BeC=h, Florida (~407-738-/400 DE.RIPeN {a ~M~~ Palm Beach ~my~ Sub. 33-45-43, the part West 3/4. of Lot 2 East of Se~crest Boulevard and the part ~ast ~ of the North ~ of Lo~ 2 West Of the Florida East Coast Railroad ri~ht-of-wa~ (less ~he South 125 feet), consistin~ of 6.63 acres.' '- -- 490,000.00 s 490'~000 O0 ~ March 11, 19 91 . the deposit(s} will. at 8~er'l option, be retur~d to 8~er a~ the offer wlthd,awn ~~ If ?~ S~y?.,S not accepte: ~8l~l (~CK(I) ~ (2)):~ (I) ~ ~ a~(2) ~ ~ ~ ~s~tr~, THIS IS I~T"END~ 'i}-'l~ B~ ~ L~{~A~"L"'~B~'N~'IN(~ CONTRACT'. IF NOT FULLY UNDERSTOOD, SEEK THE ADV]CE OF AN ATTORNEY PRIOR TO SIGNING. COPYRIGHT 1988 BY THE[ FLORIDA BAR AND THE FLORID~ A.~;$OCLa, TtON~ OF RE-~{'~iOR8. INC. Cityi~af Boynton~ Beach~ Florida ........ 771;"" /} ' 'h -,/ / ;o~iai'~O~, Taxi.a, 59-6000282 ,~ocLah~e<3.v/ty~TaxLO.% ~''~( -/~''~ ~ ~O (6rmnamedi~"ok~) ..~ .. {..~c~cooperi!.~sub.~) . .: .... ..{~er). STANDARDS FOR REAL ESTATE TRANSACTIONS - C. ~ EY: Buyer. at BL~'er~s ~ ~ ~d~by ~r ~ ~.,~ t~at~tr~,~ ,n ~af~ con~ t~ ~ confirm ~h info.attn. ~1]~ ~. at ~r ~1~%e~w~r¢~ts that t~e are no facts k~n to ~ mangily aff~,~ t~ va~ of t~ Real Pro~ty w~h are ~t rely ~*rva~ ~ B~r or wh,ch ADDENDUM ("ADDENDUM") TO CONTRACT FOR SALE AND PURCHASE DATED MARCH ~ 1991 ("CONTRACT") BY AND BETWEEN ROBERT J. ROSE, JR. , ("SELLER")~ AND THE CITY OP BOYNT~)N BEACE, FLORIDA ("BUYER") WITNESSETH: WqREREAS, Seller owns that certain Palm Beach County real ~rope~ty 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 herein: 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. Recitations. The foregoing recitations are true and correct, and are incorporated herein by reference. 2. Conflict. In the event of any conflict between any term, condition, and/or provision of this Addendum and any term, condition, and/or provision of ContracT, the term, condition~ and/or provision of this Addendum shall control. 3. Title Evidence. 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. Broker. The parties hereto each represent to the other that there was no realtor, agent, sales person, broker, or any other party instrumental in the negotiation and/or consummation of this transaction. Buyer and Seller hereby indemnify and hold harmless one another from and against any and all costs, fees, damages, expenses, claims, and liabilities including, without limitation, reasonable attorneys' and paralegals' fees and cour= costs through all trial and appellate levels and post-judgment 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 Buyer or Seller, whether incurred by settlement and regardless of whether litigation shall result. 5. Hazar~cus Waste. Sc!icr .hcrab~, -c ...... +~ ~a · · ~ .~ ~ .................. ~t~ that are no, and Seller w~ll not permit nor suffer there to~, any hazardous substances, as that term is defined in 101(19 the Comprehensive nvironmental .esponse and Llabi!ity Act .("CERCLA")(42 USC §9601 [14]), polychlorinated blphen~ls, petroleum products~aste, oil, other hazardous or toxic materials, ~aste~r other substances (collectively, "Toxic Substgnces,,) spi..LLe~,_edposited, disposed, released, or transported in, ~? ~9~ par~ ~f th& Property, nor are there any sub/~~~d~'lt~o_n./~_in~ on~ .or under the Property that ma~w,s~pport a claim or cause of action under c~mmon law or ~c 1 ~t~' regu%at~on, ordi~e~~~o ~h~et _r ~_ regul, ato%~ requ1{ement'.~lt~.e .P_ro~erty~ to ~e ~f~ca~~ Sub :a~ces, ~nd Seller sha~l not -~se, generate, manufacture, Page I of 3 S.e!ler permit or suffer any of the foregoing. Selle~l imme. diately advise Buyer in writing of any and-al~6~eedings~; claims (or ~reats of claim) a~d anY and ~l~~ntal and~or regulator, actions pf any nature as~pe~.~t~Tesp~ct t0 any an~ all Toxic S~Sta d agrees to ~o1~ .B~ye 1 damages, llab , orders, a r ~nd s ob~'.~s~e~ This Paragraph 5 shall ~u~ive the 6. INTENDED USE. The City of Boynton Beach is entering into this Contract and purchasing the subject real property for 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 constr~ction of a new elevated storage tank replacingthe existing north and south metal structures; ¢. 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; e. Mitigation of environmentally sensitve preexisting habitats that have been identified and documented; and f. Providing a buffer from existing residences located south of the tract. 7. INSPECTIONS. Purchaser shall have from March 11, 1991 to April 3, 1991 (the "inspection period") to determine that the improved land is satisfactory for utilization by the City of Boynton Reach 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 Purchaser to utilize the land for its intended purposes. In the event that any inspections and any reviewed documents conducted by the Purchaser relative 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. REPRESENTATIONS AND WARRANTIES. To induce Purchaser to enter into this Agreement, the Seller makes the following representations and warranties, all of which, in all material respects and accept as otherwise provided in this Agreement are now true and shall be true as of the date of closing: a. The Seller has good, indefeasible and markable title to all the land free and clear of all liens, except the existing first mortgage encumbering the land, if any, encumbrances, covenants, conditions, restrictions, rights-of-way, easements and other matters affecting title, and ~ceptable to Purchaser. Page 2 of 3 b. The Seller shall keep the land at all times (whether before or after the date ok closing, ~ree and clear of any mechanics or materialmen's liens for work or materials furnished to or contra'cted 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 Therewith (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. CONTRACTS. 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. CONTINGENCIES. 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. 11. SELLER AUTHORIZATION. Seller hereby represents and warrants that Seller has full power and authority 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. RATIFICATION. 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 TIT~.E: Arline Weiner, Mayor DATE: April 18. 1991 SELLER~ ROBERT J._ ~OS~E,~ ~R. ~ ~ DATE: ~//~? / D:D/jl-m 2/28/91 2/19/91 APPR~D 1-30-91 FO \CORPORAT BBADDEN2.DOC Page 3 of 3