Res 85-91 RESOLUTION NO. 85-91
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AUTHORIZING THE CITY TO
PURCHASE AND LEASE FROM SELLER CERTAIN REAL
PROPERTY IN PALM BEACH COUNTY, FLORIDA, WHICH
PROPERTY IS LOCATED ADJACENT TO THE MUNICIPAL
BOUNDARIES OF THE CITY OF DELRAY BEACH ON
GERMANTOWN ROAD IMMEDIATELY WEST OF THE FOXE CHASE
SUBDIVISION, HEREBY INCORPORATING AND ACCEPTING
THE CONDITIONS AND TERMS OF CONTRACTS FOR THE SALE
AND PURCHASE AND LEASE BETWEEN THE SELLERS AND THE
CITY OF DELRAY BEACH, FLORIDA.
WHEREAS, the City of Delray Beach, Florida, wishes to
acquire certain property within Blood's Grove on the northeast
corner of the Blood's property immediately adjacent to the City
of Delray Beach for the purpose of constructing a new Fire
Station No. 5 facility for municipal benefit; and,
WHEREAS, the City of Delray Beach, Florida, wishes to
lease certain property on the northeast corner of Blood's Grove
property immediately adjacent to the City of Delray Beach's
municipal boundaries for the purpose of constructing a temporary
Fire Station No. 5 facility for municipal benefit; and,
WHEREAS, the Sellers hereinafter named desire to sell
and lease the properties hereinafter described to the City of
Delray Beach, Florida; and,
WHEREAS, the City Commission of the City of Delray
Beach at its regular meeting of September 10, 1991, authorized
the negotiation for the sale and lease of those certain
properties; and,
WHEREAS, it is in the best interest of the City of
Delray Beach, Florida, to purchase and lease said property for
the purpose described above,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION
OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the City Commission of the City of
Delray Beach, Florida, as Buyer, hereby agrees to enter into
contract for the sale and purchase with Norman Blood as Seller
for the purchase of parcels of land for a permanent fire station
site and an access easement to such property for the purchase
price of One Hundred Forty-Five Thousand Dollars ($145,000.00)
and other good and valuable considerations; said parcels being
more particularly described as follows:
PERMANENT FIRE STATION NO. 5 SITE:
THAT PART OF SECTION 25, TOWNSHIP 46 SOUTH, RANGE 42
EAST, PALM BEACH COUNTY, FLORIDA, DESCRIBED AS FOLLOWS:
BEGIN AT THE NORTHWEST CORNER OF THE PLAT OF FOXE
CHASE, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT
BOOK 38, PAGES 1 AND 2 OF THE PUBLIC RECORDS OF PALM
BEACH COUNTY, FLORIDA; THENCE SOUTH 1 DEGREE 07'33"
EAST, ALONG THE WEST LINE OF SAID PLAT OF FOXE CHASE,
272.79 FEET; THENCE SOUTH 88 DEGREES 52'27" WEST,
200.00 FEET; THENCE NORTH 1 DEGREE 07'33" WEST, 200.00
FEET; THENCE NORTH 68 DEGREES 52'27" EAST, 212.84 FEET
TO THE SAID POINT OF BEGINNING.
ACCESS EASEMENT:
THAT PART OF SECTION 25, TOWNSHIP 46 SOUTH, RANGE 42
EAST, PALM BEACH COUNTY, FLORIDA, DESCRIBED AS FOLLOWS:
BEGIN AT THE NORTHWEST CORNER OF THE PLAT OF FOXE
CHASE, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT
BOOK 38, PAGES 1 AND 2 OF THE PUBLIC RECORDS OF PALM
BEACH COUNTY, FLORIDA; THENCE NORTH 69 DEGREES 35'37"
WEST, ALONG THE WESTERLY EXTENSION OF THE SOUTH
RIGHT-OF-WAY LINE OF GERMANTOWN ROAD AS SHOWN ON SAID
PLAT OF FOXE CHASE, 215.00 FEET; THENCE SOUTH 1 DEGREE
07'33" EAST, 151.70 FEET; THENCE NORTH 68 DEGREES
52'27" EAST, 212.84 FEET TO THE SAID POINT OF
BEGINNING.
Section 2. That the City Commission of the City of
Delray Beach, Florida, as Lessee, hereby agrees to enter into a
contract for the lease of property from Norman Blood as Lessor
for the placement of a temporary fire station thereon for the
price of Sixteen Thousand Dollars ($16,000.00) over a two year
term and other good and valuable considerations; said parcel
being more particularly described as follows:
TEMPORARY FIRE STATION NO. 5 SITE:
THAT PART OF SECTION 25, TOWNSHIP 46 SOUTH, RANGE 42
EAST, PALM BEACH COUNTY, FLORIDA, DESCRIBED AS FOLLOWS:
COMMENCE AT THE NORTHWEST CORNER OF THE PLAT OF FOXE
CHASE, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT
BOOK 38, PAGES 1 AND 2 OF THE PUBLIC RECORDS OF PALM
BEACH COUNTY, FLORIDA; THENCE NORTH 69 DEGREES 35'37"
WEST, ALONG THE WESTERLY EXTENSION OF THE SOUTH
RIGHT-OF-WAY LINE OF GERMANTOWN ROAD AS SHOWN ON SAID
PLAT OF FOXE CHASE, 171.60 FEET TO THE POINT OF
BEGINNING; THENCE CONTINUE N~RTH 69 DEGREES 35'37"
WEST, 170.00 FEET; THENCE SOUTH 20 DEGREES 24'23" WEST,
110.00 FEET; THENCE SOUTH 69 DEGREES 35'37" EAST,
170.00 FEET; THENCE NORTH 20 DEGREES 24'23" EAST,
110.00 FEET TO THE SAID POINT OF BEGINNING.
Section 3. That the costs of closing and transactions,
title insurance, document preparation and attorney's fees shall
be borne by the City of Delray Beach, Florida.
Section 4. That the terms and conditions contained in
the aforementioned contracts for sale and purchase and lease and
addenda thereto between the City of Delray Beach, Florida, and
the sellers as hereinabove named are incorporated herein.
PASSED AND ADOPTED in regular session on this the 29th
day of October, 1991.
ATTEST:
City Clerk !
- 2 - Res. No. 85-91
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER '~×~'
SUBJECT: AGENDA ITEM $ ~ - MEETING OF OCTOBER 29, 1991 -
RESOLUTION NO. 85-91
DATE: October 25, 1991
This is a resolution authorizing the City to purchase and lease
certain real property located adjacent to the municipal boundaries on
Germantown Road immediately west of the Foxe Chase subdivision
(Blood's Grove); and, incorporating and accepting the conditions and
terms of contracts for the sale and purchase and the lease between
the sellers and the City.
The resolution provides that the City will enter into a contract for
sale and purchase with Norman Blood for the purchase of parcels of
land for a permanent fire station site and an access easement for
such property for the purchase price of $145,000. Additionally, it
provides that the City will enter into a contract for lease of
property for placement of a temporary ~ire station for the price of
$16,000 over a two year term and other good and valuable
considerations.
The costs of closing and transactions, title insurance, document
preparation and attorney's fees shall be borne by the City.
Recommend approval of Resolution No. 85-91.
, ITY OF DELRI:IY BEfl£H
~"'"""~-~ ~ "~ ~" Writer's Direct Line
(407) 243-7092
MEMORANDUM
Date: September 20, 1991
To: City Commission
From: Jeffrey S. Kurtz, City Attorney
Subject: Purchase and Lease of Property for Fire Station No. 5
Our File #01-91.017
Since the Commission has now authorized the establishment of
Fire Station No. 5 on a temporary basis beginning January 1,
1991, it is appropriate to consider the location of the
permanent and temporary fire station. The Fire Department is
recommending the purchase and lease of land on the northeast
corner of the Blood's Grove property adjacent to Germantown
Road. Our office has negotiated with the Blood's representa-
tive, Ms. Carol Stanley, and is recommending that the City:
1. Purchase a 1.1 acre site for its appraised value of
$145,000, along with an access easement to Germantown
Road.
2. Lease an adjacent parcel totalling 16,748 square feet for
two years at a cost of $16,000, which includes payment for
trees that will have to be removed from the leased site.
3. Payment of costs and attorney's fees incurred by the
Bloods in association with the transfer of the property.
If the Commission concurs with this recommendation, appropriate
resolutions will be noticed in accordance with Chapter 36 and
the contracts will be put before you for formal approval at
your October 8th regular meeting. It would be anticipated that
closing will be held shortly thereafter.
Should you have any further questions regarding this matter,
please do not hesitate to contact the City Attorney's Office.
JSK:jw
cc: David Harden, City Manager
Chief Kerry Koen, Delray Beach Police Department
Carol MacMillan Stanley, Esq.
fire#5-2.txt
ACCESS EASEMENT:
THAT PART OF SECTION 25, TOWNSHIP 46 SOUTH, RANGE 42
EAST, PALM BEACH COUNTY, FLORIDA, DESCRIBED AS FOLLOWS:
BEGIN AT THE NORTHWEST CORNER OF THE PLAT OF FOXE CHASE,
ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 38,
PAGES 1 AND 2 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY,
FLORIDA; THENCE N. 69°35'37"W., ALONG THE WESTERLY
EXTENSION OF THE SOUTH RIGHT-OF-WAY LINE OF GER~IANTOWN
ROAD AS SHOWN ON SAID PLAT OF FOXE CHASE, 2.15.00 FEET;
THENCE S. 1°07'33"E., 151.70 FEET; THENCE N. 68°52'27"E.,
212.84 FEET TO THE SAID POINT OF BEGINNING.'
Section 2. That the City Commission of the City of
Delray Beach, Florida, as Lessee, hereby agrees to enter into a
contract for the lease of property from Norman Blood as Lessor for
the placement of a temporary fire station thereon for the price of
Sixteen Thousand Dollars ($16,000.00) over a two year term and
other good and valuable considerations; said parcel being more
particularly described as follows:
TEMPORARY FIRE STATION NO. 5 SITE:
THAT PART OF SECTION 25, TOWNSHIP 46 SOUTH, RANGE 42
EAST, PALM BEACH COUNTY, FLORIDA, DESCRIBED AS FOLLOWS:
COMMENCE AT THE NORTHWEST CORNER OF THE PLAT OF FOXE
CHASE, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT
BOOK 38, PAGES 1 AND 2 OF THE PUBLIC RECORDS OF PALM
BEACH COUNTY, FLORIDA; THENCE N. 69°35'37"W., ALONG THE
WESTERLY EXTENSION OF THE SOUTH RIGHT-OF-WAY LINE OF
GERMANTOWN ROAD AS SHOWN ON SAID PLAT OF FOXE CHASE,
171.60 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE N.
69°35'37"W., 170.00 FEET; THENCE S. 20°24'23"W. 110.00
FEET THENCE S. 69°35 ' 37"E., 170.00 FEET; THENCE N.
20°24'23"E., 110.00 FEET TO THE SAID POINT OF BEGINNING.
Section 3. That the costs of closing and transactions, title
insuranc~e, document preparation and attorney's fees shall be borne by
the City of Delray Beach, Florida.
Section 4. That the terms and conditions contained in the
aforementioned contracts for sale and purchase and lease and addenda
thereto between the City of Delray Beach, Florida, and the sellers as
hereinabove named are incorporated herein.
PASSED AND ADOPTED in regular session on this 29th day of
October, 1991.
MAYOR
ATTEST:
City Clerk
2 RES. NO.
CONTRACT FOR SALE AND PURCHASE
COME NOW, the parties NORMAN W. BLOOD, JR. of Palm Beach
County, Florida (hereinafter referred to as the "SELLER") and
the CITY OF DELRAY BEACH, a municipality of the State of
Florida located in Palm Beach County (hereinafter referred to
as "BUYER") and hereby agree that the SELLER shall sell and the
BUYER shall buy the. following interest in real property upon
the following terms and conditions which are as follows:
1. SELLER agrees to convey fee simple title to real
property located in Palm Beach County, Florida .(hereinafter
referred to as the "Permanent Site") ~being described as
follows:
THAT PART OF SECTION 25, TOWNSHIP 46 SOUTH,
RANGE 42 EAST, PALM BEACH COUNTY, FLORIDA,
DESCRIBED AS FOLLOWS:
BEGIN AT THE NORTHWEST CORNER OF THE PLAT OF
FOXE CHASE, ACCORDING TO THE PLAT THEREOF
RECORDED IN PLAT BOOK 38, PAGES 1 AND 2 OF THE
PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA;
THENCE S.10 7'33"E., ALONG THE WEST LINE OF SAID
PLAT OF FOXE CHASE, 272.79 FEET; THENCE S.88
~-~52'27"W., 200 00 FEET; THENCE N.1 07'33"W
200.00 FEET, THENCE N.68052'27"E., 212.84 FEET
TO THE SAID POINT OF BEGINNING.
.2. SELLER further agrees to convey an access and utility
easement (hereinafter referred to as "Access Easement'') being
described as follows:
THAT PART OF SECTION 25, TOWNSHIP 46 SOUTH,
RANGE 42 EAST, PALM BEACH COUNTY, FLORIDA,
DESCRIBED AS FOLLOWS:
BEGIN AT THE NORTHWEST CORNER OF THE PLAT OF
FOXE CHASE, ACCORDING TO THE PLAT THEREOF
RECORDED IN PLAT BOOK 38, PAGES 1 AND 2 OF THE
PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA;
THENCE N.69 35'37"W., ALONG THE WESTERLY EXTEN-
SION OF THE SOUTH RIGHT-OF-WAY LINE OF
GERMANTOWN ROAD AS SHOWN OF SAID PLAT OF FOXE
CHASE, 215.00 FEET; THENCE S.1 7'33"E., 151.70
FEET; THENCE N.68052'27"E., 212.84 FEET TO THE
SAID POINT OF BEGINNING.
3. PURCHASE PRICE: BUYER shall pay One Hundred Forty-
Five Thousand Dollars and no/100 ($145,000.00) for the above-
described Permanent Site and Access Easement. The entire
purchase price shall be due and payable at the time of closing.
4. TIME FOR ACCEPTANCE; EFFECTIVE DATE: If this offer
is not executed by and delivered to all parties or fact of
execution communicated in writing between the parties on or
before November 1, 1991, the offer will be withdrawn unless
extended by mutual agreement. The date of this contract
("Effective Date") will be the date when the last one of the
BUYER and the SELLER has signed this offer.
5. TITLE EVIDENCE: At least seven (7). days before
closing, SELLER shall, at BUYER's expense, deliver to BUYER's
attorney a title insurance commitment in accordance with
Paragraph 9.
6. CLOSING DATE: This transaction shall be closed and
the deed and other closing papers delivered on November 30,
1991 unless extended by other provisions of the contract.
7. RESTRICTIONS; EASEMENTS; LIMITATIONS: BUYER shall
take title to Permanent Site subject to zoning restrictions,
prohibitions and other requirements imposed by governmental
authority; restrictions and matters appearing on the plat or
otherwise common to the subdivision; public utility easements
of record, taxes for year of closing and subsequent years
provided that there are no non-governmentally imposed restric-
tions on the property which would prevent the Permanent Site
from being used for as a Fire Station and that there are no
violatio-hs- or restrictions of any of the foregoing which would
prevent the Access Easement from being used by the BUYER, as
access to the Permanent Site or prevent the location utility
lines running to the Permanent Site.
8. OCCUPANCY: SELLER warrants that there are no parties
in occupancy other than SELLER.
9. TYPEWRITTEN OR HANDWRITTEN PROVISIONS: Typewritten
or handwritten provisions shall control all printed provisions
of the Contract in conflict with them.
10. EVIDENCE OF TITLE: A title insurance commitment
issued by a Florida licensed title insurer agreeing to issue to
BUYER, upon recording of the deed to BUYER, an owner's policy
of title insurance in the amount of the purchase price,
insurlng BUYER's title to Permanent Site and Access Easement,
subject only.to liens, encumbrances, exceptions or qualifica-
tion set forth in this Contract and those which shall be
discharged by SELLER at or before closing. SELLER shall convey
a marketable title subject only to liens, encumbrances,
· exceptions or qualifications set forth in Contract. Marketable
title shall be determined according to applicable Title
Standards adopted by authority of The Florida Bar and in
accordance with law. BUYER shall have 5 days from date of
2
receiving evidence of title to examine it. If title is found
defective, BUYER shall, within 3 days, notify SELLER in writing
specifying defect(s). If the defect(s) render title unmarket-
able, SELLER will have 120 days from receipt of notice within
which to remove the defect(s), failing which BUYER shall have
the option of either accepting the title as it then is or
demanding a refund of deposit(s) paid which shall immediately
be returned to BUYER; thereupon buyer and SELLER shall release
one another of all further obligations under the Contract.
SELLER will, if title is found unmarketable, use diligent
effort to correct defect(s) in title within the time provided
therefore, including the bringing of necessary suits.
ll. SURVEY: BUYER, at BUYER's expense, within time
allowed.to deliver evidence of title and to examine same, may
have Permanent Site surveyed and certified by a registered
Florida surveyor. If survey shows encroachment on Permanent
Site or that improvements located on Permanent Site encroach on
setback lines, easements, lands of others, or violate any
restrictions, Contract covenants or applicable governmental
regulation, the same shall constitute a title defect.
12. INGRESS AND EGRESS: SELLER warrants and represents
that there is ingress and egress to the Permanent Site
sufficient for the intended use as described in Paragraph 6
hereof, title to which is in accordance with Standard A.
13. LIENS: SELLER shall furnish to BUYER at time of
closing an affidavit attesting to the absence, unless otherwise
provided~-for herein, of any financing statements, claims of
lien or potential lienors known to SELLER and further attesting
that there have been no improvements or repairs to Permanent
Site and Access Easement for 90 days immediately preceding date
of closing. If Permanent Site and Access Easement have been
improved, or repaired within that time, SELLER shall deliver
releases or waivers of mechanics' liens executed by all general
contractors, subcontractors, suppliers, and materialmen in
addition to SELLER's lien affidavit setting forth the names of
all such general contractors, subcontractors, suppliers and
materialmen and further affirming that all charges for improve-
ments or repairs which could serve as a basis for a mechanic's
lien or a claim for damages have been paid or will be paid at
closing.
14. PLACE OF CLOSING: Closing shall be held in the
count~ where Permanent Site is located, at the office of the
attorney or other closing agent designated by SELLER.
15. TIME: Time is of the essence of this Contract. Time
periods herein of less than 6 days shall in the computation
exclude Saturdays, Sundays and state or national legal
holidays, and any time period provided for herein which shall
end on Saturday, Sunday~ or legal holiday shall extend to 5:00
p.m. of the next business day.
16. DOCUMENTS FOR CLOSING: SELLER shall furnish
mechanic's lien affidavit, assignments of leases, tenant and
mortgagee estoppel letters, and corrective instruments as
necessary. BUYER shall furnish closing statement and deeds.
17. EXPENSES: Documentary stamps on the recording of
corrective instruments shall be paid by the BUYER. Documentary
stamps on the deed shall be paid by BUYER. Reasonable and
necessary attorney's fees incurred by the SELLER in the
negotiation and closing, excluding any fees incurred in making
the title marketable if it is found to be defective pursuant to
Paragraph 9 of this Contract shall be paid by SELLER.
18. PRORATIONS; CREDITS: Taxes, assessments, rent,
~ interest, insurance and other expenses and revenue of Permanent
Site shall be prorated through day before closing. BUYER shall
have the option of taking over any existing 'policies of
insurance, if assumable, in which event premiums shall be
prorated. Cash at closing shall be increased or decreased as
may be required by prorations. Prorations will be made through
day prior to occupancy if occupancy occurs before closing.
Advance rent and security deposits will be credited to BUYER
/°and escrow deposits held by mortgagee will be credited to
SELLER. Taxes shall be prorated based on the current year's
tax with due allowance made for maximum allowable discount,
homestead and other exemptions. If closing occurs at a date
when the current year's millage is not fixed, and current
year's assessment is available, taxes will be prorated based
upon such assessment and the prior year's millage. If current
year's ~§'sessment is not available, then taxes will be prorated
on the prior year's tax. If there are completed improvements
on Permanent Site by January 1st of year of closing which
improvements were not in existence on January 1st of the prior
year then taxes shall be prorated based upon the prior year's
millage and at an equitable assessment to be agreed upon
between the parties, failing which, request will be made to the
County Property Appraiser for an informal assessment taking
into consideration available exemptions. Any tax proration
based on an estimate may, at request of either BUYER or SELLER,
be subsequently readjusted upon receipt of tax bill on
condition that a statement to that effect is in the closing
statement.
19. SPECIAL ASSESSMENT LIENS: Certified, confirmed and
ratified special assessment liens as of date of closing (and
not aB of Effective Date) are to be paid by SELLER. Pending
liens as of date of closing shall be assumed by BUYER. If the
improvement has been substantially completed as of Effective
Date, such pending lien shall be considered as certified,
confirmed or ratified and SELLER shall, at closing, be charged
an amount equal to the last estimates of assessment for the
improvement by the public body.
20. PROCEEDS OF SALE; CLOSING PROCEDURE: The deeds shall
be recorded Upon clearance of funds. If abstract, evidence of
title shall be continued at BUYER's expense to show title in
BUYER, without any 'encumbrances or change which would render
SELLER's title unmarketable from the date of the last evidence.
Proceeds of the sale shall be held in escrow by SELLER's
attorney or by such other mutually acceptable escrow agent for
a period of not longer than 5 days from and after closing date.
If SELLER's title is rendered unmarketable, through no fault of
BUYER, BUYER shall, within the 5 day period, notify SELLER in
writing of the defect and SELLER shall have 30 days from date
of receipt of such notification to cure the defect. If SELLER
fails to timely cure the defect, all deposit(s) shall, upon
written demand by BUYER and within 5 days after demand, be
returned to BUYER and simultaneoUsly with such repayment, BUYER
shall return Personalty and vacate Permanent Site and reconvey
it to SELLER by special warranty deed. If BUYER fails to make
timely demand for refund, BUYER shall take title as is, waiving
all rights against SELLER as to any intervening defect except
as may be available to BUYER by virtue of warranties contained
in the deed. If a portion of the purchase price is to be
derived from institutional financing or refinancing, require-
ments of the lending institution as to place, time of day and
procedures for closing, and for disbursement of mortgage
proceeds shall control over contrary provision in this
Contract. SELLER shall have the right to require from the
lending institution a written commitment that it will not
withhold disbursement of mortgage proceeds as a result of any
title defect attributable to BUYER-mortgagor. The escrow and
closing-~rocedure required by this Standard may be waived if
title agent insures adverse matters pursuant to Section
627.7841, F.S. (1987), as amended.
21. ATTORNEY FEES; COSTS: In any litigation arising out
of this Contract, the prevailing party shall be entitled to
recover reasonable attorney's fees and costs.
22. FAILURE OF PERFORMANCE: If BUYER fails to perform
this Contract within the time specified (including payment of
all deposit(s), the deposit(s) paid by BUYER may be retained by
or for the account of SELLER as agreed upon liquidated damages,
consideration for the execution of this Contract and in full
settlement of any claims; whereupon, BUYER and SELLER shall be
relieved of all obligations under Contract; or SELLER, at
SELLER's option, may proceed in equity to enforce SELLER's
right§ under this Contract. If, for any reason other than
failure of SELLER to make SELLER's. title marketable after
diligent effort, SELLER fails, neglects or refuses to perform
this Contract, the BUYER may seek specific performance or elect
to receive the return of BUYER's deposit(s) without thereby
waiving any action for damages resulting from SELLER's breach.
23. CONTRACT NOT RECORDABLE; PERSONS BOUND; NOTICE:
Neither this Contract nor any notice of it shall be recorded in
5
any public records. This Contract shall bind and inure to the
benefit of the parties and their successors in interest.
Whenever the context permits, singular shall include plural and
one gender shall include all. Notice given by or to the
attorney for any party shall be as effective as if given by or
to that party.
24. CONVEYANCE: SELLER shall convey title to Permanent
Site by statutory warranty, trustee's, personal representa-
tive's or guardian's deed, as appropriate to the status of the
SELLER, subject only to matters contained in Paragraph 7 and
those otherwise accepted by BUYER. SELLER shall convey the
Access Easement by easement deed in a form acceptable to BUYER.
25.. INSPECTIQNS: BUYER shall have the right and
privilege to enter in and upon the property to perform such
tests as BUYER may deem necessary to determine the surface or
subsurface condition of the soil and water on and under the
property. In the event the soil or water is found to be
contaminated, BUYER will notify SELLER of its findings in
writing, and the closing of this matter shall be postponed for
sixty (60) days. BUYER will have the option of performing the
necessary work to.correct such contamination of soil or water
at BUYER's own cost and expense, or BUYER may terminate this
Contract without further liability of any kind whatsoever to
BUYER or SELLER.
26. REAL ESTATE COMMISSIONS: Each party represents to
the other that no real estate broker has been employed or
utilized~n this transaction or in procuring and introducing
BUYER to the property. Each party agrees to indemnify and hold
the other harmless from any claims and demands of any real
estate broker, salesperson, or other person claiming entitle-
ment to a fee or commission, including costs and attorney's
fees in resisting such claims, and in the event of litigation
at trial and on appeal. The provisions of this paragraphs are
intended to and shall survive the closing.
27. LICENSE TO HARVEST: BUYER grants to SELLER a license
to cultivate and harvest crops from the fruit trees existing on
the Permanent Site until such time as BUYER begins site
clearing and/or construction on the property. BUYER shall
notify SELLER of its intent to begin site clearing and/or
construction on the Permanent Site at least ten (10) days prior
to beginning the work.
28. ANNEXATION: SELLER authorizes BUYER to begin
annexation of the Permanent Site and Access Easement into the
City of Delray Beach with the Permanent Site being rezoned to
Community Facilities District and the Access Easement being
rezoned to Agricultural Zone District; provided, however, that
final action on the annexation and rezonings cannot take place
until after the date of closing. All costs associated with the
annexation and rezoning shall be borne by the BUYER.
6
29. OTHER AGREEMENTS: No prior or present agreements or
representations shall be binding upon BUYER or SELLER unless
included in this Contract. No modification or change in this
Contract shall be valid or binding upon the parties unless in
writing and executed by the party or parties intended to be
bound by it.
30. WARRANTIES: SELLER warrants that there are no facts
known to SELLER materially affecting the value of the Permanent
Site which are not readily observable by BUYER or which have
not been disclosed to BUYER.
DATED: October , 1991.
SELLER:
BY:
NORMAN W. BLOOD, JR.
Tax I.D. #
BUYER:
BY:
CITY OF DELRAY BEACH
ATTEST:
City Clerk
Approved as to Form and
Legal Sufficiency:
City Attorney