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RESOLUTION NO. R04- ! ~12)
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING
THE ACQUISITION OF PROPERTY FOR THE HEART OF
BOYNTON BEACH PROJECT FROM HARRIETT
ADDERLEY AND AUTHORIZES THE CITY MANAGER TO
EXECUTE ALL NECESSARY DOCUMENTS; AND
PROVDING AN EFFECTIVE DATE.
WHEREAS, the City Commission, upon recommendation of staff, has deemed it to be
n the best interests of the citizens and residents of the City to acquire property located at116
qW 11th Avenue, Boynton Beach, owned by Harriett Adderley, for the amount of $61,000.00,
Ls part of the implementation of the Heart of Boynton Beach Project.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
I'I-IE CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as
~eing true and correct and are hereby made a specific part of this Resolution upon adoption
~ereof.
Section. 2. The City Commission of the City of Boynton Beach, Florida does hereby
.uthorize the acquisition of property from Harriet Adderley, for the implementation of Heart of
5oynton Beach Project and authorizes the City Manager to execute all necessary documents.
Section 2. This Resolution shall become effective immediately upon passage.
CA'J~ESO'~Real Estate'Purchase of Holloway Property - Heart otBoynton Project.doc
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PASSED AND ADOPTED this ~ day of August 2004.
Corporate Seal)
CITY OF BOYNTON BEACH, FLORIDA
~CA',KESO\Real Estate'Purchase of Holloway Property - Heart otBoynton Project doc
Vt.-CONSENT AGENDA
ITEM C.6.
CITY OF BOYNTON BEAC
AGENDA ITEM REQUEST FO <nn
Requested City
Commission Meetin,cl
Dates
[] August 3, 2004
[] August 17, 2004
[] September 7, 2004
[] September 21, 2004
Date Final Form Must be
Tumed in to City Clerk's
(Noon.) July 19, 2004
(Noon) August 2, 2004
(Noon) August 16, 2004
(Noon) September 7, 2004
Requested City
Commission Meeting Dates
[] October 5, 2004
[] October 19, 2004
[] November 3, 2004
[] November 16, 2004
Date Final Form Must be
Tumed in to City Clerk's Office
(Noon) September 20, 2004
(Noon) October 4, 2004
(Noon) October 18, 2004
(Noon) November 1,2004
NATURE OF
AGENDAITEM
[] Administrative [] Development Plans
~- __~..<
[] Consent Agenda [] New Business (---
[] Public Hearing [] Legal r--
[] Bids [] Unfinished Business o-~
[] Announcement [] Presentation .-o
[] City Manager's Report
.-
RECOMMENDATION: Staff recommends Commission approval of the purchase of property owned by Har~l~tt
Adderley, located at 116 N.W. 11th Avenue for the appraised price of $61,000.00.
EXPLANATION: The acquisition of this property is the second of acquisitions that are essential to the
implementation of the Heart of Boynton project.
PROGRAM IMPACT: The continuance of Heart of Boynton property acquisition.
FISCAL IMPACT: Purchasing this particular property at this time is very cost effective as it is not occupied,
and there would be no relocation costs. Funding is available through the Community Development Block Grant
program FY 2003/2004.
ALTERNATIVES: Purchase at a later date may be more expensive due to rising property values and
possible relocation costs should it become purchased and occupied by others.
~ Depa~nt I[l~'a~r's'"S~gnatu~ City Manager's Signature
Department of Development
Community Improvement Division
Department Name
City Attorney / Finance / Human Resources
~GREEMENT FOR PURCHASE ANT)
REA1, PROPERTY
This Agreement for Purchase and Sale of Real Property (hereinafter the "Agreement"), is
made and entered into as of the __ day of ,2004, by and between the City of
Boynton Beach, a Florida municipal corporation (the "Buyer") and Harriett L. Adderley, an
individual (the "Seller").
In consideration of the mutual agreements set forth below, the parties agree as follows:
1.0 Definitions. The following terms when used in this Agreement shall have the
following meanings:
1.1 Flnyer~ City of Boynton Beach, a Florida municipal corporation with a
mailing address of 100 E. Boynton Beach Blvd., Boynton Beach, FL 33435.
1.2 Closing. The delivery of the Warranty Deed to Buyer concurrently with the
delivery of the Purchase Price to Seller.
1.3 ~. The date of the Closing as determined in accordance with
Paragraph 10 below.
1.4
Deed. One (1) Warranty Deed which shall convey the Property from Seller
to Buyer.
1.5
The date that this Agreement is executed by the last party to
sign it.
1.6 Governmental Authority~ Any federal, state, county, municipal or other
governmental department, entity, authority, commission, board, bureau, court, agency or any
instrumentality of any of them which has jurisdiction over the Property.
1.7 Governmental Requirement. Any law, enactment, statute, code, ordinance,
rule, regulation, judgment, decree, writ, injunction, franchise, permit, certificate, license,
authorization, agreement, or other direction or requirement of any Governmental Authority now
existing or hereafter enacted, adopted, promulgated, entered, or issued applicable to the Property, or
to any appurtenances, structure, use or facility, on or adjacent to, the Property.
1.8 Property.. That certain real property located at 116 NW 11th Avenue,
Boynton Beach, Palm Beach County, Florida, and more particularly described on Exhibit "A"
attached hereto and made a part hereof, together with all improvements, property rights, easements,
privileges and appurtenances thereto.
1.9 Pnmha~qe Price. The price the Buyer shall pay the Seller for the Property as
more fully set forth in Paragraph 3 below.
Page 1 of 12
1.10 Seller. For purposes of this Agreement, the legal entity that has fee simple
title to the Property and the requisite authority to convey title to the Buyer.
1.11 Title Commitment. A title insurance commitment issued by or written on
the Title Company, agreeing to issue the Title Policy to Buyer upon payment of the Purchase Price
and recording of the Deed and execution and/or recording of other closing documents.
1.12 ~. The title insurance company, licensed and authorized to
conduct business in the State of Florida as selected by Buyer.
1.13 Title Policy. An ALTA Form B Owner's Title Insurance Policy in the
amount of the Purchase Price, insuring Buyer's title to the Property, subject only to the Permitted
Exceptions.
2.0 Grant of Option for Purchase.
2.1 Buyer hereby agrees to purchase and acquire the Property from Seller on the
terms and conditions hereinafter set forth such that the payment of the Purchase Price shall be as set
forth in Section 3.0. Buyer shall place a refundable deposit of Six Hundred and 00/100 ($600.00)
Dollars with the law firm of GOREN, CHEROF, DOODY AND EZROL, P.A. The deposit shall be
tendered by Buyer ~vithin five (5) days of the effective date of this Agreement.
2.2 Buyer shall be obligated to give Seller notice within sixty (60) days of the
Effective Date, that Buyer has elected to acquire the property and close in accordance with this
Agreement.
3.0 Pnrcha.qe Price and Cnntingencies.
3.1 l~ctmae_Eric~ The total Purchase Price for the Property to be purchased by
the Buyer, from the Seller, is the sum of Sixty-One Thousand and 00/100 Dollars ($61,000.00).
3.2 ~ Buyer's obligations to close shall be contingent on the
satisfaction of the following conditions:
3.2.1 Approval of the Agreement by the City Commission of the City of
Boynton Beach shall be within sixty (60) days of the Effective Date. The approval shall be
accomplished through the adoption of an ordinance after two (2) separate readings whichever
occurs later.
3.2.2 The environmental audit is satisfactory and acceptable to the Buyer.
3.2.3 As required by Section 166.045, Florida Statutes, one (1) appraisal is
obtained and approved by Buyer. This requirement may be waived by the City Commission.
Page 2 of 12
3.2.4 Buyer's obligation to consummate the transaction referenced herein
is contingent on the Buyer's conveying the real property free and clear of all liens, leases, claims
and interest of third parties.
4.0 Inspections. Buyer shall have the right to make any inspections it deems
necessary within the sixty (60) day inspection period (the "Inspection Period"). During the
Inspection Period, Buyer may determine that the Property has adequate services available and that
all Federal, State, County and local laws, rules and regulations have been and are currently being
complied with relative to the Property. This Agreement is contingent upon Buyer, at its sole cost
and expense, obtaining and accepting a satisfactory Phase I Environmental Audit, at its discretion, a
Phase II Environmental Audit for which it will be granted an additional sixty (60) days for
inspections. In the event that any inspections and any review of documents conducted by the Buyer
relative to the Property during the period prior to the expiration of the Inspection Period prove
unsatisfactory in any fashion, the Buyer, at its sole discretion, shall be entitled to terminate this
Agreement by providing written notice to Seller and receive an immediate refund of all deposits
plus interest paid hereto or proceed to closing as set forth herein.
5.0 Evidence of Title.
5.1 Delivery, of Title Commitment. Within twenty (20) calendar days of the
Effective Date, Buyer shall obtain a Title Commitment, at Buyer's cost, and shall deliver a copy of
the Title Commitment to Seller's attorney, if any, within ten (10) days of receipt of the title
commitment.
5.2 Marketable Title. Seller shall convey marketable title to the Property,
subject to the Permitted Exceptions. Marketable Title shall be determined according to the Title
Standards adopted by authority of The Florida Bar and in accordance with law. Buyer shall have
ten (10) days from the date of receiving the Title Commitment to examine the commitment. If title
is found defective, Buyer shall within ten (10) days of receiving the title commitment notify Seller
in writing of the specific title defects. If Seller has not received written notice from Buyer of a title
defect, Buyer shall waive any title objections, and accept the title in its existing condition. The
Buyer's notice of the title defects shall include a statement of how the defects should be cured. If
said defects render title unmarketable (other than encumbrances that would otherwise be paid at
closing), Seller shall have fifteen (15) days from receipt of notice within which to remove said
defects, providing that Seller shall not be obligated to spend more than $10,000.00 or initiate
litigation in order to cure or correct any noticed title defect; and if Seller is unsuccessful in
removing such defects within said time, Buyer shall have the option of either accepting the title in
its existing condition without a reduction of the Purchase Price, or of terminating this Agreement by
sending written notice of termination to Seller within ten (10) days after being notified by Seller
that Seller was unsuccessful in removing such defect(s). Upon the termination of this Agreement,
neither Buyer nor Seller shall have any further rights or obligations hereunder except as provided in
this Agreement. Seller agrees that if title is found to be unmarketable, Seller will use good faith
efforts to correct all defects in title, within the time provided therefore, and subject to the limitations
stated above.
Page 3 of 12
6.0 Sume, y. Within twenty (20) days of the Effective Date, Buyer may obtain at its
expense a survey (the "Survey") of the Property showing all improvements thereon prepared by a
land surveyor or engineer registered and licensed in the State of Florida. The Survey shall show the
legal description of the Property to be the same as Exhibit "A" attached hereto. The Buyer may
require any reasonable revision to the legal description so long as any such revision does not result
in Seller being required to convey any lands or rights other than those described to be within the
Property described on Exhibit "A" attached hereto. Any objections must be delivered to Seller's
attorney within the thirty (30) days of the Effective Date.
7.0 Seller's Representa~icm. Seller hereby represents and warrants to Buyer as of the
Effective Date and as of the Closing Date as follows:
7.1 Seller's Authority. Seller has legal right and ability to sell the Property
pursuant to this Agreement. The execution and delivery of this Agreement by Seller and the
consummation by Seller of the transaction contemplated by this Agreement is within Seller's
capacity and all requisite action has been taken to make this Agreement valid and binding on Seller
in accordance with its terms.
7.2 No l,egal Rar. The execution by Seller of this Agreement and the
consummation by Seller of the transaction hereby contemplated does not, and on the Closing Date
will not, result in a breach of, or default under, any indenture, agreement, lease, instrument, pending
guardianship, obligation or the agreement of limited partnership, limited partnership certificate or
related instruments affecting the Seller, to which Seller is a party and which affects all or any
portion of the Property, or to Seller's knowledge, constitutes a violation of any Governmental
Requirement.
7.3 ~. Seller is not in default under any indenture, mortgage, deed
of trust, loan agreement, lease or other agreement to which Seller is a party and which affects any
portion of the Property.
7.4 Title. Seller is the owner of marketable title to the Property, fi'ee and clear
of all liens, encumbrances and restrictions of any kind, except the Permitted Exceptions and
monetary encumbrances of records which will be paid at Closing.
7.5 Lifigafirm. There are no actions, suits, proceedings or investigations
pending or, to the knowledge of Seller, threatened against Seller or the Property affecting any
portion of the Property.
7.6 Parties in Posse.qsion. There are no parties other than Seller in possession of
any portion of the Property as a lessee with the exception off 1) ; and 2)
, tenant at sufferance, or trespasser, hereinabove set forth in connection with
the current use of the Property. Seller may allow use by others during the term of the Agreement,
but Property shall be vacant at time of closing. Seller shall be obligated to insure that any lease
presently in effect, as of the date of this Agreement shall be terminated by providing lawful notice
to the tenants and obtaining the possession of the Property defined in Section 1.8 herein.
Page 4 of 12
7.7 Seller warrants that she xvill not, between the date of this Agreement and the
closing, without Buyer's prior written consent, create by her consent any encumbrances on the
Property. For purposes of this provision the term "encumbrances" shall mean any liens, claims,
options, or other encumbrances, encroachments, fights-of-way, leases (excluding, however, normal
mini-warehouse leases made in the ordinary course of business), easements, covenants, conditions
or restrictions. Additionally, the Seller warrants that she will not, between the date of this
agreement and the closing, take any action to terminate, amend or anyway alter any existing leases
presently in existence except in the ordinary course of business.
7.8 Between the date of this Agreement and the date of closing, Seller will not
file any application for a change of the present zoning classification of the Property.
7.9 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.
7.10 Buyer's Remedies for Seller's Misrepresentations. In the event that Buyer
becomes aware prior to Closing that any of Seller's warranties or representations set forth in this
Agreement are not true on the Effective Date or any time thereafter but prior to Closing, and in the
event Seller is unable to render any such representation or warranty tree and correct as of the
Closing Date, Buyer may either: (a) terminate this Agreement by written notice thereof to Seller, in
which event the parties will be relieved of all further obligations hereunder; or (b) elect to close
under this Agreement notwithstanding the failure of such representation and warranty, in which
event the Closing shall be deemed a waiver by Buyer of the failure of such representation and
warranty.
8.0 Buyer's Representations. The Buyer hereby represents and warrants to the Seller as
of the Effective Date and as of the Closing Date that Buyer has full and complete authority subject
to compliance with Chapter 166, Florida Statutes, the City of Boynton Beach Charter and Code of
Ordinances, to purchase the Property and to comply with the terms of this Agreement, and the
execution and delivery of this Agreement by Buyer and the consummation by Buyer of the
transaction hereby contemplated are within Buyer's capacity and all requisite action has been taken
to make this Agreement valid and binding on Buyer in accordance with its terms.
9.0 Conditions Precedent to Closing. Each of the following events or occurrences
(the "Conditions Precedent") shall be a Condition Precedent to Buyer's obligation to close this
transaction. If the Conditions Precedent have not been satisfied on or before the Closing Date,
Seller shall have ten (10) days within which to satisfy the unsatisfactory condition and should Seller
not have done so within said ten (10) day period, Buyer shall have the right to either (a) terminate
this Agreement by giving notice thereof to Seller, whereupon Buyer and Seller shall be relieved of
all further obligations under this Agreement; or (b) waive the condition and close.
9.1 Representations. The material representations and warranties made by
Seller in this Agreement shall be true and correct in all material respects on the Closing Date
subject to the ten (10) day extension provided in Paragraph 9 above.
Page 5 of 12
9.2 Seller's Obligations. Seller shall have performed all covenants, agreements,
and obligations and complied with all conditions required by this Agreement to be performed or
complied with by Seller prior to the Closing Date.
9.3 The Property shall be free and clear of any persons, tenants, improvements
of any kind or related appurtenances on the Closing Date. In the event Seller is unable to satisfy
this representation, the Buyer shall have the option to extend the closing for thirty (30) days to
insure that the Property is vacant.
9.4 Seller shall make available (at Seller's office or Seller's attorney's office) to
Buyer no later than twenty (20) days following the Effective Date of this Agreement, copies of all
documents which Seller may have in her possession pertaining to the Property including, but not
limited to, building plans, architectural plans, building permits, impact fee assessments, notices of
special assessments, notices of sewer fees and water fees, unrecorded restrictive covenants, variance
applications/approvals, special exception application/approvals, engineering plans, um'ecorded
developer agreements, environmental reports, surveys and prior title insurance policies, title
commitments, and title exceptions pertaining thereto.
9.5 Seller has no actual knowledge nor has she received any written notice that
there has been any discharge of hazardous material at the Property. As used herein, the term
"Hazardous Material" shall mean any substance, water or material which has been determined by
any state, federal or local government authority to be capable of posing a risk of injury to health,
safety and property, including, but not limited to, all of those materials, wastes and substances
designated as hazardous or toxic by the U.S. Environmental Protection Agency, the U.S.
Department of Labor, the U.S. Department of Transportation, and/or any other state or local
governmental agency now or hereafter authorized to regulate materials and substances in the
environment (collectively "Governmental Authority(ies"). Buyer must rely on its Environmental
reports and assessments as Seller has not performed an environmental assessment of the Property
and is not aware of Property's environmental condition.
10.0 C2osing. The Closing shall occur at a mutually agreed time on or before
( ) days from the Effective Date and shall take place at the office of the lawyer
representing the Buyer.
11.0 Seller's Closing Documents. At closing, Seller shall deliver the following
documents ("Seller's Closing Documents") to Buyer:
11.1 General Warranty. Deed. The General Warranty Deed shall be duly executed
and acknowledged by Seller so as to convey to Buyer good and marketable fee simple title to the
Property free and clear of all liens, encumbrances and other conditions of title, other than the
Permitted Exceptions and exceptions not duly objected to by Buyer.
11.2 Mechanie'.q I ien Affidavit. A mechanic's lien affidavit in the customary
form, attesting that (a) no individual, entity or Governmental Authority has any claim against the
Property under the applicable mechanic's lien law, (b) no individual, entity or Governmental
Authority is either in possession of the Property or has a promissory interest or claim in the
Page 6 of 12
Property (except Buyer), and (c) no improvements to the Property have been made for which
payment has not been made.
11.3 Gap Affidavit. An affidavit in form and content reasonably satisfactory to
the Title Company to facilitate the insuring of the "gap", i.e., the deleting as an exception to the
Title Commitment any matters appearing between the effective date of the Title Commitment and
the effective date of the Title Policy.
11.4 FIRPTA. A FIRPTA Non-Foreign Entity Transferor Certificate or
Exemption Certificate or document evidencing withholdings, in accordance with Section 1445 of
the Intemal Revenue Code.
11.5 DR-219 a~q required for recording.
12.0 lqnyer's Closing Documents. At closing, Buyer shall deliver to Seller a certified
copy of the Resolutions, Minutes or Agenda Actions of the pertinent meeting of the City
Commission showing that Buyer has been authorized to enter into and execute this Agreement and
consummate the transaction herein contemplated.
13.0 Closing Procedure. The Closing shall proceed in the following manner:
13.1 Transfer of Funds,
wire transfer to the account of Seller.
Buyer shall pay the Purchase Price to the Seller by
13.2 Delivery of Documents. Seller shall deliver Seller's Closing Documents to
the Buyer consisting of a General Warranty Deed, Bill of Sale, No-Lien Affidavit, FIRPTA
Affidavit and any documents required to insure Seller conveys marketable title.
14.0 Closing Costs; Taxes; Prorafion~q and Impact Fees,
14.1 Ad Valorem Taxes. Seller shall comply with Section 196.295, Florida
Statutes, with respect to the payment of prorated ad valorem taxes for the year of closing into
escrow with the Palm Beach County Revenue Collector.
14.2
the time of Closing:
Seller's Closing Costs. Seller shall pay for the following items prior to or at
None.
14.3
the time of Closing:
lquyer's Closing Cost~, Buyer shall pay for the following items prior to or at
Recording of Deeds; title insurance premium; survey costs, appraisal costs,
Phase I or Phase Il Environmental Assessment Report costs and related
expenses. Cost of providing marketable title as provided herein;
documentary stamps on the General Warranty Deed.
Page 7 of 12
15.0 Possession~ Buyer shall be granted full possession of the Property at Closing.
Buyer's obligation to close is contingent upon the tenant(s) presently occupying the Property to
vacate the Property prior to the date of Closing. Tenant(s) shall execute in recordable form a
document which shall expressly release, discharge and waive any fight of first refusal the tenant
may have or claim to have relative to the Property. Buyer shall not be obligated to close the subject
transaction until such time that the amendment to the lease and the termination of the right of first
refusal are executed and copies provided to the Buyer and the tenant(s) have vacated the Property.
16.0 Condemnation. In the event of the institution of any proceedings by any
Governmental Authority which shall relate to the proposed taking of any portion of the Property by
eminent domain prior to Closing, or in the event of the taking of any portion of the Property by
eminent domain prior to Closing, Seller shall promptly notify Buyer and Buyer shall thereafter
within fifteen (15) days after receipt by Buyer of the notice from Seller either (1) terminate this
Agreement, whereupon Seller and Buyer shall be released of all further responsibility and
obligations hereunder; or (2) proceed to close this transaction. Seller hereby agrees to furnish
Buyer with written notice of a proposed condemnation within five (5) business days after Seller's
receipt of notification. Should Buyer terminate this Agreement, the parties hereto shall be released
from their respective obligations and liabilities hereunder. Should Buyer elect not to terminate, the
parties hereto shall proceed to Closing and Seller shall assign all of her right, title and interest in all
awards in connection with such taking to Buyer.
16.1 The parties to this Agreement acknowledge that the terms and provisions set
forth herein represent a proposed transaction that is in Lieu of an Eminent Domain proceeding
being initiated by the Buyer and that Buyer shall not under any circumstances be responsible for any
costs, fees, or expenses incurred in the event of litigation. In the event this transaction is not
consummated through the fault of either Buyer or Seller, Buyer shall not be precluded fi.om
pursuing any legal remedies available to it, including eminent domain.
17.0 Additional Condition.q Precedent. Each of the following events or occurrences
shall be conditions precedent to Buyer's obligation to close this transaction. In the event that any or
all of the following conditions precedent are not satisfied prior to for any
reason whatsoever, and Buyer is unwilling to waive such conditions precedent, then, Seller may
terminate this Agreement upon providing written notice of such termination to Buyer; upon such
termination of this Agreement, the deposit shall be returned to Buyer and the parties shall be
released of all further obligations under this Agreement.
a) Buyer's obligation to close in accordance with the terms set forth herein are
contingent on Buyer obtaining an appraisal indicating that the appraised value of the real property
subject to this Agreement is equal to or no less than ninety percent (90%) of the purchase price
set forth in Section 3.0 of the Agreement.
b) Buyer's obligation to close this transaction is contingent on Buyer obtaining and
approving a Phase I and a Phase II enviroumental audit, if necessary, indicating that the real
property subject to this agreement is free of contaminants allowing for the development of the
real property for its intended use.
Page 8 of 12
c) Buyer's obligation to close is contingent upon the approval and authorization of
the Boynton Beach City Commission.
18.0 Notice. Notices shall be in writing delivered by hand, or by certified mail, return
receipt requested, or ovemight delivery by nationally recognized service, to the addressee at the
address set forth herein, or by facsimile transfer, and shall be deemed to have been delivered on the
date of receipt of such notice, if hand-delivered, or, if mailed, on the date the receipt for which the
certified mail is signed or refused, by the addressee or its authorized agent or employee, or if by
facsimile transfer, by confirmation of transmission. Either party may change the address for notice
to that party by delivering written notice of such change in the manner provided above, such change
to be effective not sooner than ten (10) days after the date of notice of change. If either party relies
upon a hand delivery as described herein, then the party using this medium shall maintain an
appropriate receipt of delivery, in the normal course of business.
BUYER:
City of Boynton Beach
100 E. Boynton Beach Blvd.
Boynton Beach, FL 33435
Attention:
With a copy to:
Goren, Cherof, Doody and Ezrol, P.A.
3099 East Commercial Blvd., Suite 200
Fort Lauderdale, FL 33308
Attention: Donald J. Doody
SELLER:
Harriett L. Adderley
With a copy to:
19.0 Default. If the Buyer shall fail or refuse to consummate the transaction in
accordance with the terms and provisions of this agreement, the deposit and interest shall be
forfeited to Seller as agreed upon liquidated damages. In the event of such default by Buyer,
Seller's sole and entire remedy shall be restricted to retention of the deposit plus all accrued
interest, if any, and Buyer shall have no other responsibility or liability of any kind to Seller by
virtue of such default. In addition to the other remedies which Buyer may have specifically set
forth in this Agreement in the event of Seller's default, Buyer shall be entitled to equitable relief to
enforce the terms and conditions of this Agreement either through a decree for specific performance
or injunctive relief.
Page 9 of 12
20.0
20.1 ~. This Agreement may be executed in any number of
counterparts, any one and all of which shall constitute the contract of the parties. The paragraph
headings herein contained are for the purposes of identification only and shall not be considered in
construing this Agreement.
20.2 Amendment. No modification or amendment of this Agreement shall be of
any force or effect unless in writing executed by both Seller and Buyer.
20.3 Attorneys' Fees. If any party obtains a judgment against any other party by
reason of breach of this Agreement, attomeys' fees and costs shall be included in such judgment.
20.4 ~. This Agreement shall be interpreted in accordance with the
laws of the State of Florida, both substantive and remedial.
20.5 Entire A~eement. This Agreement sets forth the entire agreement between
Seller and Buyer relating to the Property and all subject matter herein and supersedes all prior and
contemporaneous negotiations, understandings and agreements, written or oral, between the parties.
20.6 Computation of Dates, If any date computed in the manner herein set forth
falls on a legal holiday or non-business day or non-banking day, then such date shall be extended to
the first business day following said legal holiday or non-business day or non-banking day.
20.7 No.2teraxding. This Agreement or any notice or memorandum hereof may
not be recorded in the public records of any county in the State of Florida.
20.8 No Flroke~. Seller and Buyer each represent to the other that it has not dealt
with any broker, salesperson or agent in connection with the execution and delivery of this
Agreement, and the other party shall not be required to pay any commission whatsoever with
respect to this Agreement resulting from the actions of the party making such representations. Seller
and Buyer each indemnify and hold each other harmless from and against any and all losses, costs,
damages, liabilities and expenses (including without limitation, reasonable attorneys' and paralegal
fees) resulting from a breach by the indemnifying party of the foregoing representation.
20.9 Acceptance of Deed. The acceptance of the Deed by Buyer shall be deemed
full performance and discharge of every agreement and obligation on the part of Seller to be
performed pursuant to this Agreement, except those which are specifically stated to survive delivery
of the Deeds and closing.
20.10 Interpretation. Should any term or provision of this Agreement be subject to
judicial interpretation, it is agreed by Seller and Buyer that the court interpreting or construing the
same shall not apply a presumption that the term or provision shall be more strictly construed
against the party who itself or through its agents and attorneys of each party have participated in the
preparation of the terms and provisions of this Agreement and that all terms and provisions have
been negotiated.
Page 10 of 12
20.11 Caption.q~ lqeadings: Etc. Captions, headings, section and subsection
numbers in this Agreement are for convenience and reference only, and shall have no effect upon
the meaning of any of the terms or provision herein.
20.12 Waiver. Failure of either party to insist upon compliance with any term or
provision hereof shall not constitute a waiver thereof, and no waiver of any term or provision of this
Agreement shall be effective unless it is in writing and signed by the party against whom it is
asserted. Any waiver of any term or provision of this Agreement shall only be applicable to the
specific term or provision and instance to which it is related, and shall not be deemed to be a
continuing or future waiver as to such term or provision or as to any other term or provision.
20.13 No Third Party. lqeneficiary. The terms and provisions of this Agreement are
for the exclusive benefit of Seller and Buyer, and not for the benefit of any third party, and this
Agreement shall not be deemed to have conferred any fights, express or implied, upon any third
party.
20.14 Radon Ga~q_ Radon is a naturally occurring radioactive gas that, when it has
accumulated in a building in sufficient quantifies, 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 and radon testing may be obtained
from your county health trait.
(THIS SPACE HAS BEEN INTENTIONALLY LEFT BLANK)
Page 11 of 12
IN WITNESS WHEREOF,
indicated below.
WITNESSES:
the parties have executed this Agreement as of the date
SF. IJ ~F,R:
(Print Name)
HARRIETT L. ADDERLEY
Date Executed:
,2004
(Print Name)
H52004~340142~P~greement for Purchase.doc
RI IYER:
CITY OF BOYNTON BEACH, a Florida Municipal
Corporation
BY:
PRINT NAME:
TITLE:
Date Executed: ., 2004
Page 12 of 12
EXHIBIT "A"
EXHIBIT "A"
1 ,EGAI, DESCRIPTION
E 50 FT OF W 556.03 FT OF LT 7, LANEHARTS SUB. OF S ½ OF NE ¼ PB 1 P 35
CHAPIN APPRAISAL & REAL I~TAT~
$13 US HWY 1,#111
NORTH PALM BEACH, FL 3~08
City of Boy~m~ Ikad~
100 tL BOYIqTON BEACH BI., PO BOX 310, BOYKI'ON BEACH, FL 33425
116 NW I1THAVB
BOYNTON BEACH FL 33435
The purpose of tho np~ was to estlms~e the market
valu~ ofthe property, a~ improved, in une~cumbercd fee
simple ~de 6fowne~hlp.
The subject property consists of:
4 Bedrooms
1.0
The ~ stylc residence contains 1,176 square feet of
Gross Livifig Area
It i~ my opinion that the e~imated mat~ value of the
property as of o~n,a00~ is $ 61.00o
The above infozmation has be~n automatically
from the appraisal and insemxl ia this cover page.
~:HAPIN ,APPRAISA~ & REAL ~STATE
APPRAISAL OF
A SINGLE IrAM~Y RESIDENCE
LOCATION : 116 lqW IITH AVE
BOYff--IUN BEACH
33435
CLIENT
AS OF DATE :02/17f2004
APl)RAISER :DAVID $. C~IAPI~ ~
(~I4APJN ~ & REAL B:~rI'ATE
A~]MM.~YREK)RT UNIFORM RESIDENTIAL APPRAISAL REPORT
A~s'Parc~No. 08434521 190000150 TaxYear2003 R.F_Tax~$ 1433Sped~~$
Bon~ t~A CurmrdOwner ADD~Y Occupa~c [ [Owner Tenant x vacant
Pr, x,edv,i~',t,~,~._'.~__l×iF**Sr,,,p~{ {'-~ Pro~ectTgpe{ {PUD } }Condon~nklm(HUD/VAol~/)HOA~ A~o.
~ or ~ Nam~ BOYI,~I'ON BEACH, MLS 4330 Map Rsfar~a~ R 43 T 45 $ 21 ~ Tmci 6100.00-9
{_~ CitvofBov,,~nn _ne~.__~ ~ 100E. BOYI,,ITONBEACHBL, FOBOX310, I~3YN'IX)NBEACH, FL 33425
_u. .-,--,
(~owth ra~ _ Rapid X_..Stable _ S~ X_ Ov~er S5 75 Low c 2-4 family
Pr~vnlue X Incmn~in0 __ Statde __ Oecfinino Te~aflt 15 175 High 4~ Mu~ 1~ To:
~ _ s~ x_ · ~_ o~ x_-wc~ (o~%) P~n~nt
Mad~t~g~e C_~_.3m~ X 3-6m~. O~6rn~ Vam~(o~rS~) 110 30+ ~'AC
No~: RaC~ an~ ~o radM coin~mon of th~ nM~hb°~m°d am not as~rabal
Ne~l~x~d~xM bounda~m and characterize: ~ RD IVI/L NORTH~ DIXIE HWY I~L ]tAST, BOY'NTON BF-ACH BL M/L SOUTH AND I--95 M/L
TH~ AREA IS CONVENIENT TO SHOPPING AND ~ SUPI)ORTINO FACILITIF~ EMPLOYMENT IS Wn'HIN A ~IORT COMMUTE ]~l A
MOSTLYSE~¥IC~B!gl~F)ECONOMY. 1-95 ACCES~IswrI~IIN 1 MLLE. 'II-~I~AI~NOAPP, ARENTAD'V'EI~mONS.
SiiARCH Olr _MT -q Al~) OTR~ DATA SERVI(~__~ SHOWS A LOW R~,ALE INVEIqTORY OF KELATWI~Y AFFORD~ HOMF~ ST.T(~ AS
AVAIL~m ~ FROM A VARIETY OF $OT_m t~P-q
Desct~e common eh~ner~ and recma~onal faclT~es: N/A. NOT A PUD.
~ 50X 150 TOpOgraphy ABV. GR. SLPS. FRT.
~ ~ma 7,500 Com~ Lot [___]Yes XL~No Size TYflCAL
zon~~ ['~-Jt.e~_[~t~g~ma3r,~mg~ (~ ~)Ume~ UNo~or,~ Dmin~e ~ AD~Q.
b"~ Public Olher O~-.~1~ Iml~ovem~mt~ Type ~ F~ Landscaping
w,,~. ~_. Sid,w,,k ~o~ - ~,~m~,~nood,~,,,=,d~,,, flY,, IxlNo
Storm sewer x , A~/ NOI,~ FEMA Map No. i2o]96 ooo4 c
AI~ARENT. TYPICAL LANi~CAPINO AND srl~ IMPROVEMENTS N~.
GENERAL DESCRIPTION EXTERIOR DE~:~C'I~IPTION FOUNDATION BAS~ INSUt. ATION
No. of Units I Founda6on CNC. STEM Slab NO ~ea Sq. FL N/A Roof
'Pype (Der/Att) DEr Roof Surface COMP. SH !____s3-~ent. NO Ceiling Wa~ls NO~
.~(Yr~) B1942 ~s NO/YES ,SetSsmem NO ~tddeErdry
E~sc~} 30 ~Houso NO Infeelation ENTRY
Basement N/A
t.nvel 2
I~nisd~ nren aboveorade cont~ ~; 7Ro<~ ;: 4Bedn om(s): 1,0 ~df~81: 1.176~nmm Feet c~C~n~ UvtnoAma
B4IERIOR Ma~ HEATING ~TCNEN EOUIP.__ ATflC N~ENmES CAR ~rORAGE:
Doom WD, HC.-WD..-A Other WALL U Micn~ea-ve -- Heated ~ Pool ~ _ Caqxxt 1
~ AVO ~ qqt~d
· lmldll MIC P~nR 70 6-03 PAGE 1 OF 2
~HAPIN ~ & REAL I~TATE
FBs No. 146O4
141OO0
· ESTIMATED rEprooucno~ corr..NEW-OF ~MPrOVEMENt~.
1 Dwe~ng __ 1,176. ~. FL ~ 65.00 = $ 7~44~
I ~'^ "-~'~'~ ~: '
~l Talal EMimal~l C. ael New ............... $ 76,440~
De~ Value of Imlxowmen~ .................
"A~-~' VMue of ~i~) knlxovenmn~ ..................
'Adibeslt ll6NWIITHAV~ 2161x~ IIT~AV~
~. ~ DEI3RECIATIOH BY 'll~ AG~-J .
i_.~ ML~HOD..<~g. ~ POR LOT SAI.P-, DATA.
L NW 12']~ AVE
BOYNTOH]~A(~
Deb) c~ ~ I/'Z(~ 04)11f/2003
g-:'-_~ :-'----, AVO
BI.Ib~/AV0 ]~At~/AV<3
~A ~A ~A
AV0 AV0
Ad~u~d ,~MI Pflce 58 %Net 14 %Net -19 %Net
iqnnl R~ THE g.MJ~S COMPARISO~ Alq~OAC~]~ GIVIR4Mogr ~T[ON. Ir 8HOW~'II~AC'IIONO~'
B~/YI~.g ~ ~-~~~~ IvIORB~WA~PLACEDONSAIJ~ ! AND2A~1TII3YAREMORE
ADDENDUM File No. 14604
IBorrower:. N/A
Property Address: t'16 NW 11TH AVE
City:. BOYNTON BEACH State: FL
Lender:. City of Boynton Beach
County:. PALM BEACH
Zip Code: 33435
PURPOSE OF THE REPORT:
THiS REi~T 18 aq'I~NDED I~R UgE By THE CLil~q'r N~MRn IN A pUR~ FOR PLrI~L~C l~oW.l~3~. 'FI~S REPORT IN NOT
~l:O~ A.NV Oi~ USE.
SCOPE OF ~ REPORT:
~ ~3~'RC~ A~ ~'TATED. UI~-~'-~ Orl~tW~ INDIK~4k'fED, ~0l~ ARE (X)Iq'~Ii~[~.E~ Rl~..~lq~ ~: TIlE DATA WA~q
OATHERE~ AND ANALYZI~ ]~I ORDER TO ARRIVE AT A CURI~I~fF VALUE ~gT~&~'fE OF 'II~E WOBYE6~ PROPERTY.
ADEglI~ CI~TIFICATIONS:
! K~I~.llF7 THAT, TO THE BI~T OF MY KNOWLEDOE AND B~ ~r~, ~ RElenTED ANALYSES, ~ AND ~ON(X.L~ION$
I CI[RTIFY TItAT THIIg Ri.~'ORT ~ ~J'][~,IY..CT TO Tl:m ~ OF THE APPRAIRAL IN~-IIit/I'E RELATD, KI. TO rI~ I)~l~ BY rI~
DULY AIYI'H(~ ~
LEGAL DESCRIPTION:
E 50 FF OF W 556.03 FT OF LT ?, LANEHARTI~ gUB. OF 8 1/20FNE 1/4, PB 1 P 35
LOT KALE DATA:
LT 4, BLK 4, ~at~ ABD ANDREW~ 50 : 30, SL?.,000, 8/2003.
~...~B OF LOT 3 LANENA~T'g ~UB, LT 2 't.
FINAL RECONCILIATION, CN ~ ~.:
Lor 8AI.~ DATA TO ~
THE RqCOME APPROACH WA. ~)T USED A~ MO~THOME$ HERE ARE PUR~HAgED BY OWNER O(~I. IPANT~. 'I'I4E~,E I~ NOT
I~]OUOH RENTAL DATA AVAI: ABLE 'fO DE'VELO~ A
Statement of Limiting Conditions
14604
AI~RAISER~S CERTIFICATION: ~ Apixai~ ~ and agr~ th~
ADD~ OF PROPERTY APPRAISED: 116 NW Il'IH AVE
BOYNTON I~.CH FL 33435
SUPERVISORY APPRAISER
P~ 2 M~2
~.IAI~N ~ & RF_&L ~"rATE
SKETCH ADDENDUM
Iii= No: 14604
~ A~m~ 116 lq'4g 11TI:I AVE
Bedroom Bedroom
1C.k:ublicm T~ ~ 1176
C;tL4PII ~ & REN. E~rATE
SUBJECT PHOTOGRAPH ADDENDUM ~4~4
Pvop~s~y Addve~ II6NW 11TH AVI~
CRy BOYNTON BEACH County PALM BEACH ~ts~e FL ~ Cod~ 33435
FRONT OF
SLq3JF. CT PROPERTY
REAR OF
SUB?F__~F PROPERTY
STRBI~ SCBNE
~'IAPI~ ~ & REAL E~TATE
AoomONAL PHOTOGRAPH ADDENDUM
l~'~w~ ~ II6NW 1 ]TH AV~
C~, BOYNTON BBACH
Coumy PALiVlBI~ACH Sta~ FL .Zip Co~ 33435
BATH
:IiA~N ~ & REAL E~TATE
COMPARABLES PHOTOGRAPH ADDENDUM ~4~o~
1~ Addl~ ll61qW l ITH AV~
COMi*ARABLE SALE it 2
535 lqW
BO~BI~ACH
Dele ~Sdo:
Sdo Pfice :
Sq. Iq. : 912
S/So. FL : 60.31
~I/6~N ~ & REAL. F.81'ATE
PLAT MAP
lt~'ow~/~ II6NW 11TH AVE
· c~ BOYI~I'ON ~ CoumT PAI~ BBACH StYe FL Z~p Codc 33435
*tAPIN APPRN~ & REAL F~TATE
LOCATION MAP ADDENDUM
]4604
Primly ~ 116 lqW IITHAVE
;NAPIN APPRAISAL & RF.&L ~ATE
ADDmONAL AI'I'ACHMENT
14~4
lh~flc~y ~ ~16 lqW IITH AVB
STATE, CER'flFIED ~ ~~ Iq.~29
· '1~ TO PRE~ENT
~~ &CXXt'~KTAMTSAHD GflEPN:W RERt.TY. INC,
· MPIN APPR,tJ~ & REAL E~TATE
ADDmONAL ATTACHMENT
lh~my Addsss II6NW 11~I AVE
c~ BOYI~roN BP. AC~I
C. omy PALM BI~ACH
:HAPINAPPRAJSAL & REAL E~TATE