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
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