Fort Walton Beach Council agenda — 11-12-02 regular Council agenda — reading text

does not close as provided herein, the the parties are discharged herefrom. SECTION THREE EFFECTIVE DATE be the date after the last one of the Purchaser The date of this Agreement (" Effec~ive Date") will the City Council of the City of Fort Walton and the City to have signed this Agreement and The ordinance adoption process is a Beach has adopted an ordinance approving this Agreement. and is discretionary with the City Council. dynamic process subject to public participation if the City Council fails to adopt Therefore, City may unilaterally withdraw from the Agreement 15, 2002. the ordinance on or before 5: 00 P.M., December SECTION FOUR DEED deed with full covenants executed at The conveyance will be by special municipal warranty so as to convey to Purchaser good and Purchaser' s sole expense, in proper form for recording clear and free of allliens, encumbrances, marketable record title to the land and improvements leases, restrictions, and conditions.  o o is not derived by or through tax title, or by adverse It is understood that title to the real property possession. SECTION FIVE ASSESSMENTS all or any part of the premises is or has been affected by an If,at the time the deed is delivered, in installments, of which the first installment is a assessment which is or may become payable for the purposes of this contract, all the unpaid installments charge or lien,or has been paid,then and payable and be liens on the premises of any such assessment will be deemed to be due on delivery of the deed. affected thereby and will be paid and discharged by City SECTION SIX ENVIRONMENTAL STUDY and based upon its report withdraw from Purchaser may obtain a Phase I environmental study M., this- - r.o.. wed..notic. eJlL~ Agreementp awal is d~ vered to the Ci:!y on or before 5: 00 P. Dece:tn.ber 31, 2002. In the event of withdrawal under this provision, the earnest- money dePosit - - - cancellation fee and City Attorney will be returned less abstracting, title insurance commitment fees incurred to date. SECTION SEVEN CLOSING Wi delivered on or before This transaction shall be closed and the deed and other closing papers in January 15, 2003, unless extended by the parties writing. SECTION EIGHT PLACE OF CLOSING for the City. Closing shall be held at the office of the attorney SECTION NINE DOCUMENTS FOR CLOSING and corrective instruments, at the expense The City shall furnish deed, mechanic' s lien affidavit, of the Purchaser. SECTION TEN RESTRICTIONS; EASEMENTS: LIMITATIONS and other requirements Purchaser shall take subject to zoning, restrictions, prohibitions and public utility easements of record, imposed by governmental authority; restrictions, to all existing easements of record taxes for year of closing and subsequent years; subject for the installation, maintenance, repair and further subject to a fifteen ( 15) foot easement of Fort Walton Beach, Florida, along and servicing of utilities for the benefit of the City in Exhibit " A", adjoining the east right- the west property line of the described property of-way line of Hill Avenue.  o o SECTION_ELEVEN w_____. "._ _ _ "____ .__.~__. _____ """__.______" ,__ ____ ___ __ 0.__ OCCUPANCY the real property at time of closing. city agrees to deliver occupancy of SECTION TWELVE ASSIGNABILITY Purchaser may not assign Agreement. SECTION THIRTEEN RISK OF LOSS OR DAMAGE or cause to the premises prior to close of The risk of loss or damage by fire or other casualty In the event of such loss or d8mlg\ e prior to closing, this escrow is hereby assumed by City. will assign to purchaser all of City' s rights under any Agreement will not be affected but City loss or damage, or, if purchasers will so insurance policies applicable with respect to any such to recover in City' s names, but at Purchaser' s own expense, request, City will permit purchasers sues in their own names to recover the the amount of such loss on such policies, or, if City the amount so recovered to Purchaser less amount of such loss or damage, they will assign expenses of recovery. be maintained in their present condition prior to the Improvements and personal property shall use and deterioration excepted. close of escrow by the City, wear from normal and reasonable c Possession of property, subject to leases and tenancies, shall be transferred at close of escrow. SECTION FOURTEEN NOTICES or permitted by this Agreement shall be in All notices, demands, requests or replies provided for be delivered by anyone of the following methods: writing to the addresses listed below and may certified or registered mail, return By deposit with the United States Postal Service as A. receipt requested, postage prepaid; B. By prepaid or telegram.; service. C. By deposit with an overnight express delivery in the manner described above shall be Notice deposited with the United States Postal Service with the Postal Service. Notice by deemed effective three ( 3) business days after deposit service shall be deemed effective one ( 1) business day telegram or overnight express delivery with tbe express delivery service. after transmission to the telegraph company or after deposit the address of the City shall be: For purposes of notice, demand, request, reply or payment, Reid Silverboard City of Fort Walton Beach P. O. Box 4009 Fort Wahon Beach, Florida 32548  c m..~. ,". _. . 0_ 0' .__.".,_,_._,,__". ......_ . ..____.__...___ __'__'~""''''_''___'""'_''_ . H__._.._.._........~'...___" N".____..._..__..__........._...._.._._._____..__...__.__._.___~__... With copy to Jerry Miller, City Attorney City of Fort Walton Beach P. O. Box 4009 Fort Walton Beach,Florida 32548 The address of the Purchaser shall be: Keith Biggs, President Manufacturing Technology, Inc. 70 Ready Avenue NW Fort Walton Beach,Florida 32548- 3877 SECTION FIFTEEN