Res 52-98 RESOLUTION NO. 52-98
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AUTHORIZING THE CITY TO
PURCHASE FROM SELLER CERTAIN REAL PROPERTY IN PALM
BEACH COUNTY, FLORIDA, AS DESCRIBED HEREIN, HEREBY
INCORPORATING AND ACCEPTING THE CONTRACT STATING THE
TERMS ANDCONDITIONS FOR THE SALE ANDPURCHASE BETWEEN
THE SELLER AND THE CITY OF DELRAY BEACH, FLORIDA.
WHEREAS, the City of Delray Beach, Florida, wishes to acquire
certain residential property located at 119 S.W. 7th Street; and
WHEREAS, the Sellers, Luis B. Rodriguez and Candida R.
Rodriguez, desire to sell the property hereinafter described to the City
of Delray Beach, Florida; and
WHEREAS, it is in the best interest of the City of Delray
Beach, Florida, to purchase said property for the purpose of the
construction of a chemical storage facility for the water treatment
plant.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the City Commission, as Buyer, hereby agrees
to purchase from Luis B. Rodriguez and Candida R. Rodriguez, as Sellers,
land for the purchase price of Sixty-Eight Thousand Dollars
($68,000.00), and other good and valuable consideration; said parcel
being more particularly described as follows:
Lot 8, Nichols First Addition to Delray Beach,
according to the map or plat thereof as recorded in
Plat Book 21, Page 69 of the Public Records of Palm
Beach County, Florida.
Section 2. That the terms and conditions in the contract for
sale and purchase and addenda thereto between the City of Delray Beach,
Florida, and Luis B. Rodriguez and Candida R. Rodriguez are attached
hereto as Attachment A and incorporated herein.
PASSED AND ADOPTED in regular session on this the 15th day of
September, 1998. ~M A~
ATTEST:
/ City ~erk - !
AGREEMENT FOR PURCttASE AND SALE
This Agreement for Purchase and Sale, is made and entered into as of tile ~ day of
, 1998 by and between Luis B. Rodriguez and Candida R. Rodriguez,
(Sellers), and the City of Deh'ay Beach, Florida, a municipal corporalion (hereinafter referred lo
as the "Purchaser").
WITNESSETH:
i. DEFINITIONS. The followi,lg terms as used herein shall have the following
meaning:
!.1. "Agreement" - this instrument, together with all exhibits, addenda and
proper amendments hereto.
1.2. "Closing Date" - the meaning ascribed thereto in Section 6.2 of this
Agreement, unless extended by the terms of this Agreement, or by mutual consent of the parties.
1.3. "Effective Date" - the efthctive date of Agreement shall be the date upon
which the City of Delray Beach Commission shall have approved the execution of this Agreement
at a formal meeting of Board.
1.4 "Inspection Period" - that certain period of time commencing upo,~ the
Effective Date and terminating thirty (30) days thereafter.
1.5 "Permitted Exceplions" - those exceptions to the title of the Properly as set
forth in Exhibit "B" hereto attached, together with any other title matters that may be waived in
writing by the Purchaser.
1.6 "Real Proper.ty" - the real property Iocaled at !19 S.W, 7th Street, Delray
Beach, Florida, legally described in Exhibit "A" attached hereto and made a part hereof, together
with ali improvements situate thereon.
1.7 "Tangible Personal Property" or "Perso,ml Property" - Ali of Sellers right,
title and interest in all appliances, fixtures, equipment, machinery, furniture, carpet, drapes, and
other personal property, if any, located on or about tile land and the improvements used in the
operation and maintenance thereof.
2. SALE AND PURC!tASE. In consideration of the mutual covenants herein
contained, and various other good and valuable consideration, Seller agrees to sell and convey to
Purchaser and Purchaser agrees Io purchase from Seller, on the terms, covenants and conditions
hereinafter set forth, the Real Property, including all structures, together with all right, title and
Attachment A
interest of Seller in and to any and all streets, roads, highways, easements, accesses and rights of
way appurtenant to the Real Property, together with all iinprovements located thereon, if any.
3. PURCttASE PRICE AND METHOD OF PAYMENT.
3.1 Purchase Price. The purchase price of the Properly shall be Sixly-Eight
Thousand Dollars ($68,000.00).
3.2. Payment of Purchase Price. On the Closing Date, Purchaser shall pay at
the City's election, by wire transfer of immediately available United States currency or by City
check, the total amount of the purchase price of the Property, in United States Currency, subject
to any adjustments, credits and prorations as herein provided.
4. ACKNOWLEDGMENTS, REPRESENTATIONS AND WARRANTIES OF
SELLER.
As a material inducement to Purchaser to enter into lhis Agreement, Seller hereby
acknowledges, represents and warrants to the best of his knowledge to Purchaser as follows:
4.1. That Seller is indefeasibly seized of marketable, tee simple title to the
Property, and is the sole owner of and has good right, lille and authority to convey and transfer
the Property which is the subject matter of this Agreement, free and clear of ali liens and
encumbrances, excepting only the Permitted Exceptions.
4.2 That there is no litigation, investigation or proceeding pending, or to the
knowledge of Seller threatened, which relates to or adversely affect Seller's ability to perfom~ its
obligations under this Agreement.
4.3 That there are no judicial or administrative actions, suits or judgments
affecting tile Property, including without limitation, any such laws, ordinances, rules or
regulations of any governmental authority having jurisdiction of the Property.
4.4 That there are no existing or pending special assessments affecting the
Property, which are or may be assessed by any governmental authority, water or sewer authority,
school district, drainage district or any other special taxing district.
4.5 There are no condemnation, environmental, zoning or other land-use
regulation proceedings, either instituted, or planned to be instituted with regard to the Property.
4.6 On tile Closing Date there will be no outstanding contracts made by Seller
for any improvements to the Real Property which have not been fully paid for and Seller shall
cause to be discharged all construction liens arising from any labor or materials furnished to the
Property prior to the time of Closing.
4.7 All docmnents executed or to be executed by Seller which are lo be
delivered to Purchaser at closing will be legal, valid, and binding obligations of Seller.
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4.8 There are no service contracts affecting the Properly which will sm'vive
Closing.
4.9 That all ad valorem real property taxes for the Property have been £ully
paid for the year 1997, and all prior years.
4.10 That Seller has entered into no other contracts for the sale of any portion
of the Property which remain in force.
4. ! ! That the Property has not in the past 'been used, and is not presently being
used, for the handling, storage, transportation, or disposal of hazardous or toxic substances,
wastes or materials.
4.12 On the Closing Date there will be no person(s) or parties in occupancy,
other than Seller.
4.13 It is a condition precedent to closing that all of the representations and
warranties of Seller contained in this Agreement shall continue to be true as of the Closing Date,
and shall be deemed to be restated and affirmed as of the Closing Date without the necessity of
Seller's execution of any document with respect thereto. In the event that any of the Seller's
representations shall prove to be materially untrue, Purchaser shall have the right to (i) terminate
this Agreement at any time prior to closing upon written notice by Seller, whereupon the parties
shall be relieved of all further obligation hereunder; or (ii) proceed to close upon this Agreement
without thereby waiving any clai~n or cause of action against Seller for misrepresentation or
breach of warranty.
5. INSPE.CTION OF PROPERTY. During the Inspection Period, Purchaser and its
engineers, surveyors, agents and representatives shall have access to the Property upon reasonable
notice for purposes of survey, testing and inspection thereof. All surveys, testing and inspections
shall be conducted by Purchaser at its expense, and shall be performed by licensed persons or
firms dealing in the respective areas or matters tested. All testing shall be done in the least
intrusive manner, and Purchaser agrees to indemnil~, Seller to the extent permitted by law from
and against any and all loss, damage, cost, expense and/or liability of whatsoever nature arising
from or out of Purchaser's, its agents, contractors, employees and invitees entry upon and
inspection of the Property. Notwithstanding the foregoing, the foregoing indemnification shall
not apply to, nor prohibit Purchaser from, the disclosure of the results of said inspections as may
be required by applicable law. in tile event that such inspections shall reveal a deficiency in the
Property, as determined by Purchaser in its sole and absolute discretion, Purchaser shall have the
right to terminate this Agreement at any time during the Inspection Period by giving written
notice thereof to Seller, whereupon the parties shall be relieved of all further obligation hereunder.
6. CLOS1NG. The parties agree that the Closing upon the Property shall be
consummated as follows:
6.1 Place of Closing. The closing shall be held at a mutually acceptable
location to Seller and Purchaser.
6.2 Closing Date. The closing shall take place within thirty (30) days after
expiration of the Inspection Period, or at such cai'lief date as is mutually agreed upon by the
parties.
6.3 Closing Documents. At closing, Seller shall deliver or cause to be
delivered to Purchaser, the fhllowing documents, each frilly executed and acknowledged as
required.
6.3.1 Statutory Warranty Deed. A Statutory Warranty Deed conveying good
and marketable fee simple title to the property, subject only to the Permitted Exceptions.
6.3.2 Affidavit of Seller. A,~ Affidavit with ~'espect to construction liens ill such
form as sufficient to permit a title insurer to delete the "construction lien" exception from the title
insurance policy, and stating that the Property is free and clear of all encumbrances, leases,
licenses, contracts or claim of rights, which claims may serve as the basis of a construction lien.
;
6.4 possession. At closing Seller shall deliver full, complete and exclusive
possession of the Property to the Purchaser.
6.5 Purchaser's Obligations. At closing, Purchaser shall deliver, or cause
to be delivered, to Seller, the tbllowing:
6.5.1 Cash due at Closing. The required payment due as cash due at closing as
provided elsewhere herein.
7. EV1DENCE OF TITLE.
7.1. Within thirty (30) days after the Ettk:ctive Date of this Agreement, tile
Purchaser shall obtain an owner's title insurance commitment issued by a title insurance company
acceptable to Purchaser agreeing to issue to the Purchaser upon the recording of the Stalulory
Warranty Deed to the Real Property, an owner's marketability title insurance policy in the amount
of the purchase price, insuring the marketability of tile fee title of the Purchaser to the Real
Property, subject only to tile Permitted Exceptions. The cost of said commitment and policy and
any premium thereafter shall be borne by Purchaser.
The Purchaser shall have until the end of the Inspection Period, in which to review same.
In the event the title insurance commitment shall show as an exception ally matter other than the
Permitted Excel~tions, Purchaser shall notify Seller of Purchaser's objection lhereto, and Seller
shall act with reasonable effort to remove such exception(s), which exceptions shall be deemed to
constitute title defects. The Seller shall be entitled to thirty (30) days from the date ofnotificalion
by Purchaser (with adjournment of the Closing Date if necessary) within which to cure such
defects or to make arrangements with the title insurer for the removal of any such objections from
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the commitment, however, Seller shall have the option of discharging any such mallets al closing
out of tile closing proceeds, if the detEct(s) shall not have been so cured or removed from tile
commitment by endorsement thereto at the termination of the said thirty (30) day period,
Purchaser shall have tile option of: (a) accepting title to tile Property as it then exists; (b)
postponing the closing date or (c) terminating this Agreement, by giving written notice thereof to
Seller, in which event the parties shall be relieved of all further obligation hereunder.
7.2 Seller shall deliver to Purchaser prior to tile Closing an endorsement of tile
commitment making it effective to within five (5) days of the Closing Date. At closing, the title
insurance commitment shall be endorsed to remove any and all requirements or preconditions to
the issuance of an owner's marketability title insurance policy, and to delete any exceptions for:
(a) any rights or claims of parties in possession not shown by the public records; (b)
encroachments, overlaps, boundary line disputes and any other matters which would be disclosed
by an accurate survey and inspection of the Property:, (c) unrecorded easements and claims of'
easements (d) unrecorded construction liens or claims of liens; (e) taxes for the year of closing
and all prior years; (f) matters arising or attaching subsequent to the effective date of the
commitment but before the acquisition of record of tile fee simple title to tile Real Property by the
Purchaser.
7.3 From and after the Effective Date of this Agreement, Seller shall take no
action which would impair or otherwise affect title to any portion of the Property, and shall
record no documents in the Public Records which would affect title to tile Real Property, without
the prior written consent of the Purchaser.
8. SURVEY: Purchaser shall have tile right, within tile time period provided in
Section 7 for delivery and examination of Title Evidence, to obtain a current survey of the Real
Property and all improvements thereon. Said survey shall be prepared in accordance with the
minimum technical standards for surveys within the State of Florida. If the survey reveals any
encroachments, overlaps, boundary disputes or other defects, other than tile Permitted
Exceptions, which affect marketability of the Property, the same shall be treated as title defects as
described in Section 7 of this Agreement and Purchaser shall have the same rights and remedies as
set forth therein.
9. RADON GAS. Radon is naturally occurring radioactive gas lhat, 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 testillg may be obtained from your
County public health unit.
10. EXPENSES. Purchaser shall be responsible fbr preparation of all closing
documents. Purchaser shall submit copies of same to Seller no less than five (5) days before
scheduled closing.
10.1 Purchaser shall pay tile following expenses at closing.
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10. I. 1 The cost of recording the deed of conveyance.
10.1.2 All costs and premiums for the owners marketable title insurance
commitment and policy.
10.2 Seller shall pay the following expenses at closing.
10.2.1 Documentary Stamps required to be affixed to the deed of
conveyance, and intangible taxes.
10.2.2 All costs necessary to cure 'title defect(s) or encumbrances, other
than the Permitted Exceptions, and to satisfy or release of record all existing mortgages upon the
Property.
10.3 The Seller and Purchaser shall each pay their own attorney's fees.
11. PRORATIONS. On or before the Closing Date, Seller shall establish an escrow
fund with the County Tax Collector pursuant to Florida Statutes Section 196.295, and shall pay
into said escrow Seller's prorata portion of ad valorem real property taxes for the year of closing
as determined by the Tax Collector. Seller' shall pay its prorata share of taxes for the year' of
closing and any outstanding taxes for years prior to 1998 shall be paid by Seller.
12. ASSESSMENTS. lfon the Closing Date, the Property or any part thereof shall be
or shall have been affected by assessments, which are, or which may become payable in annual
installments, of which the first instalhnent is then a charge or lien, or has beer! paid, then tbr the
purposes of this Agreement, all of the unpaid instalhnents of any such assess~nents, including
those which are to become due and payable after the Closing Date, shall be deemed to be due and
payable and to be liened upon the premises affected thereby, and shall be paid and discharged by
the Seller on or before Closing Date.
13. CONDEMNATION. in the event that all or any part of the Property shall be
acquired or condemned for any public or quasi-public use or purpose, or if any acquisition or
condemnation proceedings shall be threatened or begun by a governmental entity other than
Purchaser prior to the closing of this transaction, Purchaser shall have the option to either
terminate this Agreement, and the obligalions of all parties hereunder shall cease, or to proceed,
subject to all other terms, covenants, conditions, represenlations and warranties of this
Agreement, to the closing of the transaction contemplated hereby and receive title to the
Property, receiving, however, any and all damages, awards or other compensation arising from or
attributable to such acquisition or condemnation proceedings. Purchaser shall have the right to
participate in any such proceedings.
14. REAL ESTATE BROKER. Seller and Purchaser each represents and warrants lo
the other that it has not dealt with any broker, salesman, agent or finder in connection with lhis
transaction. Without limiting the effect of the foregoing to the extent permitted by law, each
party agrees to indemnify, defend and save the other harmless from the claims and demands of any
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real estate broker, other than broker, claiming to have deall with the indemnifying party. Such
indemnity shall include, without lirnitation, tim payment of all costs, expenses and allorney's fees
incurred or expended in defense of such claims or demands. The terms of this Section shall
survive the closing or termination of this Agreement.
15. FIRPTA. Seller represents and warrants to Purchaser that Seller is not a "tbreign
person" as defined by the Federal Foreign Investment in Real Property Tax Act, (the "Act"). At
closing, the Seller shall execute and deliver to Purchaser, a "Non-Foreign Cerlificate", as required
by the Act. Seller acknowledges that in lhe event Seller fails to deliver the Non-Foreign
Certificate, Purchaser shall be authorized Io withhold frmn the closing proceeds an amount equal
to ten percent (10%) of the gross amount of the purchase'price, and to remit same to the Internal
Revenue Service, as required by the Act.
16. NOTICES.. All notices and elections (collectively, "notices") to be given or
delivered by or to any party hereunder, shall be in writing and shall be (as elected by the party
giving such notice) hand delivered by messenger, courier service or Federal Express, or
alternatively shall be sent by United States Certified Mail, wilh Return-Receil)t Requested The
effective date of any notice shall be Ihe date of delivery of the notice if by personal delivery,
courier service or Federal Express, or if rnailed, upon lhe date which the return receipt is signed
or delivery is refused or the notice designated by the postal authorities as non-deliverable, as the
case may be. The parties hereby designed the following addresses as the addresses to which
notices may be delivered, and delivery to such addresses shall constitute binding notice given to
such party:
16. I Purchaser:
City of Deh'ay Beach, Florida
100 N.W. 1st Avenue
Delray Beach, Florida 33444
Attn: David Harden, City Manager
With a copy to:
Susan A. Ruby, Esq., City Attorney
200 N.W. 1st Avenue
Delray Beach, Florida 33444
Phone: (561 ) 243-709 I
Fax: (561) 278-4755
16.2 Seller:
Luis and Candida Rodriguez
119 S.W. 7th Street
Delray Beach, Florida 33444
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Any party may fi'om time to time change tile address to which notice under this
Agreement shall be given such party, upon three (3) days prior written notice to the other parties.
17. ASSIGNMENT. Neither Purchaser nor Seller shall assign this Agreement or any
interest herein without the prior written co,~sent of the other party.
18. ENFORCEMENT COSTS. in the event any action, suit or proceeding is
commenced with respect to interpretation or enforcement of this Agreement, the prevailing party
therein shall be entitled to recover all costs, expenses and fee, including, without limitation,
reasonable attorney's fees, expended or incun'ed by such party in connection therewith, including
any such costs expenses and fees upon appeal and in post judgment proceedings.
19. DEFAULT. In the event Seller fails or refuses lo perform any term, covenant, or
condition of this Agreement, Purchaser shall, in addition to any olhe,' remedies provided at law or
in equity, have the right of specific pertbn'nance thereof.
20. GOVERNING LAW & VENUE. This Agreement shall be governed by,
construed and enforced in accordance with, the laws of the Stale of Florida. Venue in any action
suit or proceeding in connection with this Agreement shall be in Palm Beach County, Florida.
21. BINDING EFFECT. This Agreement shall be binding upon, and shall inure to the
benefit of, the parties herelo and lheir respeclive legal represenlalives, successors and assigns.
22. NO RECORDING. Neither this Agreement, nor any memorandum or short form
hereof, shall be recorded in the Public Records of Palm Beach County, Florida.
23. TIME OF ESSENCE. Time is of tile essence with respect to the performance of
each and every provision of this Agreement where a time is specified for performance.
24. INTEGRATION. This Agreement constitutes tile entire understanding and
Agreement between the parties with respect to the subject matter hereot~ a,~d may not be modified
or amended, except in a writing signed by all of the parties hereto.
25. EFFECTIVE DATE OF AGREEMENT. This Agreement is expressly contingent
upon the approval of the City Commission of the City of Delray Beach.
26. HEADINGS. Tile paragraph headings or captions appearing in Ihis Agreement are
for convenience only, are not part of this Agreement, and are not to be considered in interpreting
this Agreement.
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IN WITNESS WHEREOF, the parties have caused this Agreement to be executed in their
respective names, on the dates set forth below.
Signed, sealed and delivered
in the presence of:
Date of Execution by Seller:
WITNESSES:
. Luis B. Rodriguez
Name Printed or Typed Candida R. Rodriguez
Name Printed or Typed
State of Florih
lhisc~r~
he foregoing was acknowledged me day
inslrulnent
before
of
~ , 1998 by ¢~"['~"/L"~ial~~ (name of person
ack.edging), w~ is personally known to me or who has produced
~~ ~~ (type of klentification) as identification and who dkl
(did not) take an oalh.
Signatu[~ 6fN~ ffublic - State
· of Flor~:,
Print, Type, or Stamp Name of
Nota~ Public
I0
Date of Execulion by Purchaser:
, 1998
CITY OF DELRAY BEACit, FLORIDA,
a Florida municipal corporation
By:
MAYOR
ATTEST:
City Clerk
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
1,~,~Cit y Atlorney
rc, drgzpr.agl
11
EXHIBIT A
Lot 8, Nichols First Addition to Deiray Beach, according to the map or
plat thereof as recorded in Plat Book 21, Page 69 of the Public Records
of Pahn Beach County, Florida.
Tax ID Number or Folio Number
of' Property: ! 2-43-46-20-0?-000-0080
Grantee's Social Security Number or
Tax ID Number
EXtlIBIT B
Prepared by and
AI;'TER RI:,CORi)IN(i RETURN
R. lkian Shrill, Esq.
i~lray Ika~. I']~wi&~ 33444
STATUTORY WARRANTY DEED
LUIS B. RODRIGUEZ and CANDIDA R. RODRIGUEZ, ("Grantors") ~vhosc address is 119
S.W. 7tli Street, Deiray Beach, Florida, for a,id in consideration of the sum of TEN AND NO/lO0
DOLLARS ($10.00) paid to Grantors and other good m~d valuable consideration, the receipt
sufficiency' of which are hereby acknowledged, as GRANTED, SOLD a.~d CONVEYED m~d docs hereby
GRANT, SELL and CONVEY unto the City of Delmy Beach, ~xhosc address is 100 N.W. Ist Avenue,
Delray Beach, Florida, 33444 in fee simple title, that certain land located in Palm Beach Cotmty, Florida,
being more pa,'ticularly described in Exhibit A, attached hereto and incorporated herein by reference,
together with all improvements, if any, located on sucl'~ land (such land and improvements bcmg collectively
rcfcrrcd to as thc "Property").
This c~,nvcyancc is made m~d acccpled st,l).icc! to all mailers (the "Pcrmitled Exccplio,~s") scl forth
Exhibit .B, attached hereto and incorporated hcrci~ by reference.
TO HAVE AND TO HOLD thc Property, togcthcr with all and singular thc rights
appurtcnanccs pertaining thereto, including all of Grantor's right, title and interest i.] and to adjacent
streets, alleys and rights-of-way, subject to thc Pcnnitled Exceptions, unto Granite and Grantee's heirs.
successors and assigns forever. And Grantors hereby covenants with Grantee that, except as above holed,
that at thc time of the delivery of this Warranty Dccd thc Properly was frcc from all encumbrances made by
it and tl~at Grantors will warrant and defend tl)c same against thc laxYful claims a~)d demands of ali persons
claiming by, through or under Grantors, but against none othcr.
EXECUTED on thc date scl forth in thc acknowledgment attached hereto to Ix: effective as of' thc
da)' of , 199
WITNESS: LUIS B. RODRIGUEZ
Name: Graltlor
Nanlc.'
State of Florida
Comity of
The foregoing instrument xx'as acknoxx:lcdged before me this da)' of
, 1998 by (name of person
ackno~vledging), who is personally kno~vn to me or who has produced
(type of identification) as identification and vcho did (did not)
take an oath.
Signalure of Nolary Public - State
of Florida
Print. Type, or Stamp Name of
Notary Public
WITNESS: CANDIDA R. RODRIGUEZ
Name: Grantor
NalllO:
State of Florida
County of
Tho foregoing instrulnent was acknowledged before me this day of
, 1998 by (name of person
ackno~vledging), who is personally known to me or who has produced
(type of identification) as identification and who did (did not)
take an oath.
Signature of Notary Public - State
of Florida
Print, Type, or Stamp Name of
Notary Public
EXIIIBIT A TO STATiITORY WARRANTY DEED
LAND
Lot 8, Nichols First Addition to Dch'ay Beach, according to thc map or plat thereof as
recorded in Plat Book 2 I, Page 69 of thc Public Records of Pahn Beach County, Florida.
EXItlBIT B TO STATtlTORY WARRANTY DEED
PERMITTED EXCEPTIONS
TO DEED
I. Taxcs and asscssmcnts for the 3'car of 1998 and subscqucnt years, xx'hicb arc nol yct duc and
payable.
[XIIIBIT C
BILL OF SALE
AND
ASSIGNMENT
LUIS B. RODR1GUEZ and CANDIDA R. RODRIGUEZ, I I]("Assignors"), for and in
consideration of thc sum of TEN AND NO/lO0 DOLLARS ($10.00) and other good and valuable
consideration paid to Assignors by Iht City of Dclray Beach, 12 ICAssignee"), thc receipt and sufficiency of
which arc hereby acknowlcdged, has ASSIGNED, SOLD, CONVEYED and DELIVERED, and docs
hereby ASSIGN, SELL, CONVEY and DELIVER unto Assignee, its successors, heirs, executors,
administrators personal representatives and assigl~s, all of Assignor's right, title and interest, if any, in and
to the follmving:
I. All of the structures placed or installed on or about thc real property (the "Real Property")
being more particularly described in Exhibit A, attached hereto and incorporated herein by reference: and,
2. All intangible property (thc "intangible Property") pertaining to the Real Property or thc
Personal Properly or the use thereof including, without limitation, transferable utility contracts, transferable
telephone exchange immbers, plans and spccificalions, engineering plans mid sludies, floor plans and
landscape plans relating to thc samc or arty part of thc same, cxcepl as scl forth in the contract for sale and
purchase.
3. The Assignor for itself and its successors, covenant to and with the Assignee, ils
successors and assigns, that it is Ibc lawfid owner of lhe personal properly and intangible property; that
they are frcc fi'om all encumbrm~ces; that il has good right Io sell lhe aforesaid, and that it will wan'ant and
defend thc sale of the personal property and intangible personal property on behalf of the Assignee, its
successors and assigns, against the lax~'fi, I claims and demands of all persons xvhomsocver.
By acceptance of this Bill of Sale, Assigue¢ accepts and agrees to all matters scl forth herein.
EXECUTED this ~ day of ,199
WITNESS: LUIS B. RODRIGUEZ
N,'lnl¢:
Name:
CANDIDA R. RODRIGUEZ
WITNESS:
Namc:
Name:
EXItlBIT A TO TIlE BILl, OF SALE AND ASSIGNMENT
LAND
Lot 8, Nichols First Additioa to Dclray Beach, according to thc map or plat thereof as
recorded in Plat Book 21, Page 69 of the Public Records of Palm Beach County, Florida.
[IT¥ I)F DELRR¥ BERgH
CITY ATTORNEY'S OFFICE ~oo ~,~,^~,.. ~,~^~
TELEPHONE 561/243
DELRAY BEACH
~ MEMO~NDUM
TO; City Commission ~
F~OM; Brian Shutt, Assistant City Attorney
SUBJECT: Purchase of'Property - 119 S.W. 7th Street
Approval of this resolution will authorize City staff to acquire the property described in the
resolution. The purchase price is $68,000.00. The property is located at 119 S.W. 7th
Street and is needed tbr the construction of a chemical storage facility tbr the water
treatment plant. A copy of the purchase contract is also provided.
By copy of this memorandum to David Harden, City Manager, our office requests that this
resolution incorporating this contract tbr Sale and Purchase be placed on the regular agenda
tbr the City Commission meeting of September 15, 1998.
Please call if you have any questions.
Attachments
cc: David Harden, City Manager
Alison MacGregor Harty, City Clerk
Mr. & Mrs. Rodriguez
rodrgz.ltr
,Boca Raton News, Fdday, September 11, 1998 7C
NOTICE IS HEREBY GIVEN tt~t Ire
Oily of DeJr~y Ileach, FbrMa, h~s
termiaed it to be ia ~e best inte'est of
rne Ci~ to ~e'cl~se certain reel
erty t, caiad at 119 S.W. 7rn Skeet,
ray Beach, F~i~a, ~ mueicLoal pur-
lieus, mere particuiarly de~'ibed as
LM ~ Nicttots First Mditi(~ to
~ch, accordia~ to me map of plat
PM M M the IM)fic R~rds M Palm
Math Cou~W, I:1~.
it~fions end other malte3 of reco~cl
offi~ good end Yaluable ceasideratian.
A RelMuti(~ of the C~Y Ca~missien
the Cify of Del~y Beach, Fiari~
thorizing the purcll~se of IM
a~d ~ the w'ms ancl cenditi~ns set
~ ebove, will be considered
adoptio~ by Ibe City Commiss~ at
m '~uetSay, Se~ 15,1991.
Publi~: SeWt. 4& Il,
Itoca R~lOa News
~ Raton News, Friday, September 4, 1998
City d D~ray B44c~, P~, ~ ~
~: ~.4& 11,~