R22-167 1 RESOLUTION NO. R22-167
2
3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA,
4 APPROVING AND AUTHORIZING THE MAYOR TO SIGN THE
5 PURCHASE AND SALE AGREEMENT BETWEEN THE CITY OF BOYNTON
6 BEACH AND NICHOLAS P. MAUNOSKY FOR A VACANT PARCEL
7 LOCATED AT SE 21ST AVENUE;AND PROVIDING AN EFFECTIVE DATE.
8
9 WHEREAS, the City has received a request from Nicholas P. Malinosky to purchase a
10 vacant lot located at SE 21st Avenue; and
11 WHEREAS, the property, by itself is an unbuildable lot and serves no public purpose;
12 and
13 WHEREAS, the City Commission, at the September 22, 2022 meeting, deemed the
14 parcel as surplus property and directed staff to prepare a Purchase and Sale Agreement; and
15 WHEREAS,the City Commission has determined that it is in the best interests of the
16 residents of the City to approve and authorize the Mayor to sign a Purchase and Sale
17 Agreement with Nicholas Malinosky for a vacant parcel located at SE 21st Avenue.
18 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF
19 BOYNTON BEACH, FLORIDA, THAT:
20 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as
21 being true and correct and are hereby made a specific part of this Resolution upon adoption
22 hereof.
23 Section 2. The City Commission does hereby approve and authorize the Mayor
24 to sign a Purchase and Sale Agreement with and Nicholas Malinosky for a vacant parcel
25 located at SE 21st Avenue (PCN #08-43-45-33-03-000-0122), a copy of the Agreement is
26 attached hereto as Exhibit "A".
S',.('A'RF.SO`,Agreemems'Pord,ase and Sale Agreement anh N,cholas P Malinosky-Reno doca
27 Section 3. This Resolution shall become effective immediately upon passage.
28
29 PASSED AND ADOPTED this 14th day of November, 2022.
30 CITY OF BOYNTON BEACH, FLORIDA
31
32 YES NO
33
34 Mayor-Ty Penserga -AbSealr
35
t./.
36 Vice Mayor-Angela Cruz
37
38 Commissioner-Woodrow L. Hay
39
40 Commissioner-Thomas Turkin l/
41
42 Commissioner-Aimee Kelley
43
44 VOTE 9-0
45
46
47
48 •ATTE
49 _ •'
50 1 ...4 1 _`. -
51 Maylee '►e :sus, MPA, MC Qc Ty Penserga
52 City Cle Mayor
53
54 ,......• APPROVED ASST T' FO' :
55 (Corporate Seal) s�01(NTONe`1
56 ;10�%0�P�RAlF..� 1/t
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57 •~Z SEAL ? so
58 S v t.1NOORpOR,.•- i Michael D. Cirullo,Jr.
59 Il 1920.: s
City Attorney
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S:\CA\RESO1Agreements\Purchasc and Sale Agreement with Nicholas P.Malinosky-Reso.docx
REAL ESTATE PURCHASE AND SALE AGREEMENT
THIS REAL ESTATE PURCHASE AND SALE AGREEMENT ("Agreement") is
made and entered this 14 day of(11,,- 9,..„.\\0A--; 2022, by and between the City of Boynton
Beach, a Florida municipal corporation (the "SELLER"), and Nicholas P. Malinosky
("PURCHASER").
WITNESSETH:
WHEREAS, SELLER is the fee simple owner of the following parcel: Vacant Lot on SE
21' Avenue, Boynton Beach, FL 33435, more particularly described in Exhibit "A" which is
attached hereto (collectively the"Property"); and
WHEREAS, the Property has been determined to be surplus property by the City
Commission of the SELLER.
WHEREAS, SELLER desires to sell to PURCHASER, and PURCHASER desires to
purchase from SELLER,the Property upon the terms and conditions herein below set forth.
NOW, THEREFORE, for and in consideration of the premises, the payment of Ten
Dollars and No Cents ($10.00)in hand paid by PURCHASER to SELLER,the mutual covenants
and agreements herein set forth, and other good and valuable consideration, the receipt, adequacy
and sufficiency of which are hereby expressly acknowledged by the parties hereto, the parties
hereto do hereby covenant and agree as follows:
1. DEFINITIONS.
The following terms when used in this Agreement for Purchase and Sale shall have the following
meanings:
1.1 Property. The following real property: one vacant lot located on SE 2lst Avenue,
Boynton Beach, County of Palm Beach, State of Florida (the "Property"), more particularly described in
Exhibit"A" attached hereto.
1.2 Closing Date. The Closing Date is the date on which the closing("Closing")shall occur and
shall be no later than ninety(90)calendar days from the Effective Date of this Agreement,and any extension
thereof as mutually approved by the parties.
1.3 Deed A Special Warranty Deed,in its statutory form,which shall convey the Property from
SELLER to PURCHASER.
1.4 Effective Date. The Effective Date of this Agreement shall be the date when the last one of
the Seller and Purchaser has signed the Agreement.
1.5 SELLER'S Address. Seller's mailing address is P.O. Box 310, Boynton Beach, FL 33425,
with copy to Goren, Cherof, Doody& Ezrol, P.A., Attn: Sean M. Swartz, Esq., at 3099 East Commercial
{00541178.5 306-9905658}
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Boulevard, Suite 200,Ft.Lauderdale,Florida 33308.
1.6 PURCHASER'S Address. Purchaser's mailing address is 67 Spanish River Drive, Boynton
Beach,FL 33435 with a copy to Ward Damon PL, do Adam R. Seligman, Esq., 4420 Beacon Circle,West
Palm Beach,FL 33407.
1.7. Other Definitions. 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. PURCHASE PRICE.
2.1 Subject to the provisions of this Agreement, the SELLER hereby agrees to sell to
PURCHASER, and PURCHASER hereby agrees to purchase from SELLER, the Property for TWO
THOUSAND FIVE HUNDRED AND 00/100 DOLLARS($2,500.00),which shall be placed in escrow with
Ward Damon PL as a deposit upon execution of this Agreement, and upon and subject to the terms and
conditions hereinafter set forth.
2.2 The Purchase includes:
(a) All improvements located on the Property,if any;
(b) All right of ways,alleys,waters,privileges,easements and appurtenances which are
on or benefit all the Property;
(c) All right,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 Property 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;
(d) To the extent transferable, all licenses, permits, contracts and leases, if applicable,
with respect to the property.
3. INSPECTIONS.
3.1 With the exception of Section 5 herein, PURCHASER acknowledges and agrees to waive
any inspections or inspection period under the terms of this Agreement.
4. SELLER'S REPRESENTATIONS.
4.1 To induce PURCHASER to enter into this Agreement, SELLER makes the following
representations, all of which, to the best of SELLER'S knowledge, in all material respects and except as
(00541178.5 306-9905658)
2
A
otherwise provided in this Agreement (i) are now true, and (ii) shall be true as of the date of the Closing
unless SELLER receives information to the contrary, in which case SELLER shall immediately provide
PURCHASER notice of such contrary information and upon receipt PURCHASER may, in its sole
discretion,deem such contrary information material and terminate this Agreement, and(iii)shall survive the
Closing:
4.2 At all times from the Effective Date until the Closing on the Property, SELLER shall keep
the Property free and clear of all liens, encumbrances and/or clouds upon title, including without limitation,
liens related to service,labor and/or materials furnished to,or for the benefit of,the Property,lis pendens,tax
liens,permit violations,code violations,or ordinance violations.
4.3 SELLER has no actual knowledge nor has SELLER received any notice of any litigation,
claim, action or proceeding, actual or threatened, against SELLER or the Property by any organization,
person,individual or governmental agency which would affect (as to any threatened litigation, claim, action
or proceeding,in a materially adverse fashion)the use,occupancy or value of the Property or any part thereof
or which would otherwise relate to the Land.
4.4 SELLER has full power and authority to enter into this Agreement and to assume and
perform its obligations hereunder in this Agreement. No action by any federal, state or municipal or other
governmental department,commission,board,bureau or instrumentality is necessary to make this Agreement
a valid instrument binding upon the SELLER in accordance with its terms.The execution and delivery of this
Agreement and the consummation of the transaction contemplated hereunder on the part of the SELLER do
not and will not violate any public or corporate obligations of the SELLER and will not conflict with or result
in the breach of any condition or provision, or constitute a default under, or result in the creation or
imposition of any lien, charge or encumbrance upon any of the terms of any contract,mortgage, lien, lease,
agreement, indenture, instrument or judgment to which the SELLER is a party nor will create a lien or
encumbrance upon the Property or assets of the SELLER.
4.5 SELLER represents that SELLER will not, between the date of this Agreement and the
Closing,without PURCHASER'S prior written consent,which consent shall not be unreasonably withheld or
delayed,except in the ordinary course of business,create any encumbrances on the Property. For purposes of
this provision the term "encumbrances" shall mean any liens, claims, options, or other encumbrances,
encroachments,rights-of-way,leases,easements,covenants,conditions or restrictions.
4.6 SELLER represents that there are no parties other than SELLER in possession of the
Property or any portion of the Property as a lessee.
4.7 SELLER shall not list or offer the Property for sale or solicit or negotiate offers to purchase
the Property while this Agreement is in effect. SELLER shall use its best efforts to maintain the Property in
its present condition so as to ensure that it shall remain substantially in the same condition from the Effective
100541178.5 306.9905658)
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Date to the Closing Date.
4.8 REAL PROPERTY SOLD AS IS,WHERE IS,RELEASE: SELLER makes and shall make
no warranty regarding the title to the Property except as to any warranties which will be contained in the
instruments to be delivered by SELLER at Closing in accordance with this Agreement. SELLER makes and
shall make no representation or warranty either expressed or implied (except as specifically set forth in the
Agreement) regarding condition, operability, safety, fitness for intended purpose, use, governmental
requirements, development potential, utility availability, legal access, economic feasibility or any other
matters whatsoever with respect to the Property. The PURCHASER specifically acknowledges and agrees
that SELLER shall sell and PURCHASER shall purchase the Property on an "AS IS, WHERE IS, AND
WITH ALL FAULTS"basis and that, except for the SELLER'S representations and warranties specifically
set forth in this Agreement, PURCHASER is not relying on any representations or warranties of any kind
whatsoever, except as specifically set forth in this Agreement, express or implied, from SELLER its agents,
officers, or employees, as to any matters concerning the Property including, without limitation, any matters
relating to (1) the quality, nature, adequacy, or physical condition of the Property, (2) the quality nature,
adequacy or physical condition of soils, fill, geology, or any groundwater, (3)the existence, quality,nature,
adequacy or physical condition of utilities serving the Property, (4) the development potential, income
potential, expenses of the Property, (5) the Property's value, use, habitability, or merchantability, (6) the
fitness,suitability,or adequacy of the Property for any particular use or purpose,(7)the zoning or other legal
status of the Property, (8) the compliance of the Property or its operation with any applicable codes, laws,
rules, regulations, statutes, ordinances, covenants, judgments, orders, directives, decisions, guidelines,
conditions,or restrictions of any governmental or quasi-governmental entity or of any other person or entity,
including, without limitation, environmental person or entity, including without limitation, environmental
laws, (9)the presence of Hazardous Materials (as defined herein)or any other hazardous or toxic matter on,
under, or about the Property or adjoining or neighboring property, (10) the freedom of the Property from
latent or apparent vices or defects, (11)peaceable possession of the Property, (12)environmental matters of
any kind or nature whatsoever relating to the Property,(13)any development order or agreement,or(14)any
other matter or matters of any nature or kind whatsoever relating to the Property.
4.9 As used herein,the term"Hazardous Materials"means (i)those substances included within
the definitions of"hazardous substances", "hazardous materials", "toxic substances" or"solid waste" in the
Comprehensive Environmental Response, Compensation and Liability Act of 1980, 42 U.S.C. §960 et seq.,
the Resource Conservation and Recovery Act of 1976, 42 U.S.C. § 6901 et seq., the Hazardous Materials
Transportation Act, 49 U.S. C. §1801 et seq., or the Clean Water Act, 33 U.S.C. §1321 et seq.,as amended,
and in the regulations promulgated pursuant thereto; (ii) those substances listed in the United States
Department of Transportation Table (49 CFR §172.101) or by the Environmental Protection Agency as
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"hazardous substances", "hazardous materials", "toxic substances" or "solid waste", (iii) such other
substances, materials and wastes which are regulated, or classified as hazardous or toxic, under applicable
local, state or federal laws, ordinances or regulations; and any material, waste or substance which is
petroleum,asbestos,polychlorinated,biphenyls,flammable explosives or radioactive materials.
5. EVIDENCE OF TITLE.
5.1 Title to the Property. SELLER shall convey to PURCHASER at Closing, by delivery of a
Special Warranty Deed,title to the subject Property.PURCHASER may secure a title insurance commitment
issued by a title insurance underwriter approved by PURCHASER, for the subject Property insuring
PURCHASER'S title to the Property. The costs and expenses relative to the issuance of a title commitment
and an owner's title policy shall be borne by the PURCHASER.
5.2 If PURCHASER so desires to obtain title insurance on the Property,the PURCHASER shall
have Ten (10) calendar days from the date of receiving said commitment to examine the title commitment
("Title Inspection Period"). If PURCHASER objects to any exception to title as shown in the title
commitment, PURCHASER shall have Ten(10) calendar days to 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 five(5) days after the expiration of SELLER'S time to cure any objection, SELLER shall
send to PURCHASER a notice in writing(a"cure notice")stating either(i)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; or
(b)subject to the provisions set forth below,proceed to close the transaction contemplated herein despite the
uncured objection.
5.3. Survey and Legal Description. SELLER shall not have any obligation to provide a survey.
PURCHASER may obtain a survey 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 Property, all buildings,
improvements and encroachments; and (ii) a correct legal description of the Property 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's title insurance policy on the Land. The survey shall
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5
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 Property or any other matter materially affecting the intended use
of the Property or marketability of title to the Property(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 attempt to approve any such survey objection which does not affect the
marketability of title or materially interfere with PURCHASER'S use of the Property. 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 5.2 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 5.2.
6. TRANSFER OF TITLE SUBJECT TO. Except as otherwise set forth, the Property shall be
conveyed subject only to those exceptions as set forth in paragraphs 2.2,5.1,and 5.3 and to:
(a) Water lines, sanitary sewer, drainage, gas distribution, electrical and telephone
easements of record provided that they are used to service the Property.
(b) Unpaid certified assessments payable after the date of the transfer of title.
(c) It shall be the sole and exclusive responsibility of the PURCHASER to relocate any
utilities and any such relocation costs and expenses shall be borne by the PURCHASER.
(d) PURCHASER shall, in the event of any relocation of the utilities, provide to the
CITY or appropriate service provider easements for the relocated utilities.
7. PURCHASER'S REPRESENTATIONS.
PURCHASER hereby represents and warrants to the best of its knowledge that all of the
following are true and correct:
7.1 PURCHASER has full power and authority to enter into this Agreement and to assume
and perform all of its obligations hereunder.
7.2 The execution and delivery of this Agreement and the consummation of the transaction
contemplated hereunder on the part of the PURCHASER that it will not conflict with or result in the
breach of any condition or provision, or constitute a default under, or result in the creation or imposition
of any lien, charge or encumbrance upon any of the terms of any contract, mortgage, lien, lease,
(00541178.5 306-9905658
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agreement, indenture,instrument or judgment to which the PURCHASER is a party.
7.3 No action by any federal, state, municipal or other governmental department, commission,
board, bureau or instrumentality is necessary to make this Agreement a valid instrument binding upon
PURCHASER in accordance with its terms and conditions.
7.4 All of the representations, warranties and covenants of PURCHASER contained in this
Agreement or in any other document, delivered to SELLER 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.
7.5 PURCHASER shall indemnify, hold harmless and defend SELLER, its officers,
directors, employees and agents against all claims, demands, losses, liabilities, costs and expenses,
including attorney's fees, imposed upon or accruing against SELLER as a result of the representations
contained in this paragraph.
8. CONDITIONS PRECEDENT TO CLOSING.
Each of the following events or occurrences("Conditions Precedents")shall be a condition precedent
to PURCHASER'S obligation to close this transaction:
(a) PURCHASER has performed all of its obligations and conditions of this
Agreement.
(b) Approval of this Agreement by the City of Boynton Beach City Commission.
9. CLOSING DOCUMENTS.
9.1 At Closing, SELLER shall deliver to PURCHASER a Special Warranty Deed, Bill of Sale,
if applicable, No Lien/Gap Affidavit, Non-Foreign Certification in accordance with Section 1445 of the
Internal Revenue Code, 1099 Form,closing documents which are customary in Palm Beach County,Florida
and any other documents as listed as title requirements in Schedule B-I of the Title Commitment to assure the
conveyance of good and marketable fee simple title of the Property to the PURCHASER.
10. CLOSING COSTS,TAXES AND PRORATIONS.
10.1 Ad Valorem Taxes. SELLER is a tax exempt entity. PURCHASER shall pay all ad
valorem taxes for the year of closing.This shall survive the Closing.
10.2 Seller's Closing Costs. SELLER shall pay for the following items prior to or at Closing:
None.
10.3 Purchaser's Closing Costs. PURCHASER shall pay for the following items prior to or at
Closing:
(a)Documentary Stamps on the deed as provided under Chapter 201,Florida Statutes;
(b)Recording fees of the Special Warranty Deed,and any other instrument as required to be
recorded in the Public Records;
100541178 5 306-9905658
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(c)Cost of providing marketable title as provided herein;
(d)Cost of obtaining owner's title insurance policy;
(e)Tax and Lien Search;and
(f)Survey
11. CLOSING DATE AM)PLACE.
The Closing will take place on or before the expiration of ninety (90) days following the Effective
Date,at a location designated by the SELLER
12. TERMINATION AND DEFAULT.
12.1 If the PURCHASER shall fail or refuse to consummate the transaction by the Closing Date
in accordance with the terms and provisions of this Agreement, all monies on deposit and interest earned on
the deposit shall be immediately forfeited to SELLER as agreed upon liquidated damages,and PURCHASER
shall have no other responsibility or liability of any kind to SELLER by virtue of such default. SELLER'S
sole and entire remedy shall be restricted to retention of the deposit plus all accrued interest. In the event of a
default by SELLER,PURCHASER shall be entitled to a return of the earnest money,and accrued interest as
liquidated damages as its sole and exclusive remedy. Prior to any default being declared by either Party,the
Party shall have five(5)days after written notice to cure such default.
13. BROKER. The parties each represent to the other that they have not dealt with any real
estate broker, real estate salesman or finder in conjunction with this transaction who is entitled to a fee or
brokerage commission in accordance with Florida law.
14. ENFORCEABILITY. 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. NOTICE.
All written notices shall be deemed effective if sent to the following places:
PURCHASER: Nicholas P.Malinosky
67 Spanish River Dr.
Ocean Ridge,FL 33435
With Copy to: Ward Damon PL
4420 Beacon Circle
West Palm Beach,FL 33407
Attn:Adam R. Seligman
SELLER City of Boynton Beach
P.O.Box 310
Boynton Beach,FL 33425
Attn:Dan Dugger,City Manager
(00541178.5 306-9905658)
8
With Copy to: Sean M. Swartz, Esq.
GOREN,CHEROF,DOODY&EZROL,P.A.
3099 East Commercial Boulevard,#200
Fort Lauderdale,Florida 33308
Tel: (561)276-9400
Fax: (954)771-4923
16. GOVERNING LAW & VENUE. This Agreement shall be governed by the laws of the State of
Florida. Each party agrees that the Circuit Court for the Fifteenth Judicial Circuit in and for Palm Beach
County shall be the exclusive jurisdiction and venue of any litigation or special proceeding to resolve any
dispute or claim arising from or related to or connected with this Agreement, including any claims based
upon equity, statute, common law or rule. The parties hereby waive any objection to such forum based
upon venue or forum non convenient grounds.
17. ENTIRE AGREEMENT. All prior understandings and agreements between SELLER and
PURCHASER are merged in this Agreement. This Agreement completely expresses their full agreement.
18. AMENDMENT. No modification or amendment of this Agreement shall be of any force or effect
unless in writing and executed by both SELLER and PURCHASER.
19. SUCCESSORS. This Agreement shall apply to and bind the executors, administrators, successors
and assigns of SELLER and PURCHASER. Any assignment of this Agreement must be approved by the
City of Boynton Beach City Commission.
20. COUNTERPARTS: This Agreement may be executed in two or more counterparts, each of
which shall be taken to be an original and all collectively deemed one instrument. The parties hereto agree
that a facsimile copy hereof and any signatures hereon shall be considered for all purposes as originals.
21. LITIGATION COSTS. In connection with any litigation arising out of this Agreement, the
prevailing party shall be entitled to recover from the non-prevailing party all costs and expenses incurred,
including its reasonable attorney's fees at all trial and appellate levels and post judgment proceedings.
22. WAIVER OF JURY TRIAL. Each party hereby knowingly, voluntarily and intentionally waives
any and all rights it may have to a trial by jury in respect of any dispute, litigation or court action(including,
but not limited to, any claims, crossclaims or third-party claims) arising from, growing out of, or related to
this Agreement. The parties acknowledge that this waiver is a significant consideration to, and a material
inducement for the parties to enter into this Agreement. Each party hereby certifies that no representative or
agent of the other party has represented, expressly or otherwise, that either party would not, in the event of
such litigation,seek to enforce this waiver of right to jury trial provision.
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9
23. PRECEDENCE. In the event of conflict, handwritten provisions shall take precedence over
typewritten and printed provisions.Typewritten provisions shall take precedence over printed provisions.
24. DRAFTING. This Agreement has been negotiated and drafted mutually by the parties and shall be
construed and interpreted as if both parties drafted same so that neither party shall be entitled to the benefits
of any rules of construction,interpretation or enforcement against the drafters.
25. SUCCESSORS. This Agreement shall apply to and bind the distributors, executors,
administrators,successors and assigns of SELLER and PURCHASER.
[This Space is Intentionally Blank]
{005411783 306.9905658}
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IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates
indicated above:
ATTEST: CITY OF BOYNTON BEACH, a municipal
corporation of the S Florida
• . op —' By:
Mayl De-sus, City Cler, C,�,C Ty Penserga, Mayor
yNTON ��`��
0..•pRATE
Q
logs
App o F i y.: + ' �Eo;
Office of the City Attorney •''••....
STATE OF FLORIDA )
)ss:
COUNTY OF PALM BEACH )
The foregoing instrument was acknowledged before me this \(1 day of `(Zc i4 e r
2022, by Ty Penserga, as Mayor of the City of Boynton Beach, Maylee DeJesus, City Clerk of
the City of Boynton Beach, for the City of Boynton Beach, who (Jrare personally known to me
or( )have produced Florida driver's licenses as identification.
•
My Commission expires:, /85/3 ' /,i2,it I/Itt_41 J. •
Notary Publ. , State of Flori.a
Tammy L. Stanzione
?os •Pue1 TAMMY LSTpNZioNE Printed Name of Notary Public
• Commission#GG 306156
Expires March 25,2023
'4•oFos$d>,,_44° Bowled'Mu Budge1Nolary Services
o led'MuB+dpe1NomryServbes
(00541178.5 306-9905658)
11
Nicholas P. Malinosky
STATE OF FLORIDA )
COUNTY OF 'Paint 3e-e`tity
The foregoing instrument was acknowledged before me this 2 day of MWe.4 l3 ,
2022, by Nicholas P. Malinosky, who (-j is personally known to me or ( ) has produced a
Florida driver's license as identification. '
141 a *
My commission Expires: bO/..2.g/2,r-
Notary Public, State of Florida
Mewed L Pendleton
Notary Fac Printed Name of Notary Public
State of Florida
'•�:" 14H149111
Expires 10/25/ 5
1005411763 306-9905658)
12
EXHIBIT "A"
LEGAL DESCRIPTIONS
The North 6 Feet of the South 64 Feet of Lot 12, Crest View, according to the Plat
Recorded in Plat Book 23, Page 154, Public Records of Palm Beach County, Florida, being
the Real Property described under Tax Certificate Number 5947 in the Tax Deed Recorded
in Official Record Book 9459,Page 1028,Public Records of Palm Beach County,Florida.
Folio No.: 08-43-45-33-03-000-0122
Legal descriptions to be confirmed by survey to be provided
(00541178.5 306-9905658)
13
08-43-45-33-03-000-0122
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