Fort Walton Beach Ordinance — 1467--Sale of Excess Real Property--S&P Mgt — reading text

for S&P Management of Florida, L.L.C. Clark, Partington, Hart, Larry, Bond & Stockhouse 151 Regions Way Boulevard, Suite 6-A Destin, Florida 32541 Page 4 SECTION XV EVIDENCE OF TITLE Purchaser shall cause to be issued at Purchaser’s expense a title insurance commitment issued by a Florida licensed title insurer agreeing to issue to Purchaser, upon recording of the deed to the Purchaser, an owners policy of title insurance in the amount of the purchase price, insuring Purchaser’s title to the real property, subject only to liens, encumbrances, exceptions, claims or qualifications set forth in Agreement. Marketable title shall be determined according to applicable Title Standards adopted by authority of the Florida Bar and in accordance with law. Purchaser shall have 5 days from date of receiving evidence of title to examine it. Iftitle is found defective, Purchaser shall, within 3 days, notify the City in writing specifying defect(s). If the defect(s) render title unmarketable, the City shall have 120 days from receipt of notice within which to remove the defect(s), failing which, the Purchaser shall have the option of either accepting the title as it then is or demanding a refund of all earnest money deposit paid which shall immediately be returned to Purchaser, thereupon, Purchaser and the City shall release one another of all further obligations under the Agreement. The City, shall, if title is found unmarketable, use diligent effort to correct title defects within the time provided therefore, including the bringing of reasonable and necessary suits. SECTION XVI SURVEY Purchaser, at Purchaser’s expense, within time allowed to deliver evidence of title and to examine same, may have the real property surveyed and certified by a registered Florida surveyor. Ifthe survey shows encroachment on the real property or that improvements located on the real property encroach on setback lines, easements, lands of others, or violate any restrictions, Agreement covenants or applicable governmental regulation, the same shall constitute a title defect. SECTION XVII EXPENSES Documentary stamps on the deed, recording, recording corrective instruments, abstracting, title insurance and Purchaser’s attorney’s fees shall be paid by the Purchaser. SECTION XVI CONDITIONS This Agreement is subject to the following conditions: a. In the event Purchaser is unable to obtain the necessary permits from all appropriate city, county, state or federal government agencies to build a transfer station, Purchaser will be released from any and all obligations created in this Agreement. b. It is the intention of the parties that this Purchase Agreement will not be binding on the parties if the City does not enter into a ten (10) year Solid Waste Transfer and Disposal Agreement with BFI Waste Services, LLC at or about the same time this Agreement is executed. Page 5 SECTION XIX CONTRACT NOT RECORDABLE; PERSONS BOUND; NOTICE Neither this Agreement nor any notice of it shall be recorded in any public records. This Agreement shall bind and inure to the benefit of the parties and their successors in interest. Whenever the content 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. SECTION XX DEFAULT If Purchaser fails to perform as required under Section VI of this agreement, the earnest money deposit in the amount of $351,879.56 shall be forfeited to the City. If Purchaser fails to perform under any provision other than Section VI of this Agreement, within the time specified, including payment of all of the earnest money deposit(s), the $5,000.00 earnest money deposit paid by Purchaser and agreed to be paid, may be retained by or for the account of the City as agreed upon liquidated damages, consideration for the execution of this Agreement and in full settlement of any claims; whereupon, the Parties shall be relieved of all obligations under Agreement; or the City, at City’s option, may proceed in equity to enforce Seller’s rights under this Agreement. If for any reason other than failure of the City to make City’s title marketable after diligent effort, the City fails, neglects or refuses to perform this Agreement, the Purchaser may seek Specific Performance or elect to receive the return of Purchaser’s earnest money deposit(s) and thereby waiving any action for damages resulting from the City’s breach. SECTION XXI TIME OF ESSENCE Time of performance under this contract is of the essence. 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. SECTION XXII INSPECTION Purchaser shall have the right to enter upon and into the Real Property for the purposes of inspection and performing such tests and evaluations as Purchaser deems appropriate in order to determine the acceptability of the Real Property. Purchaser shall not commit or permit wastes or create any dangerous conditions on or to the Real Property and charges for work or tests performed by Purchaser or at Purchaser’s request will be promptly paid by the Purchaser. If Purchaser determines for any reason that the Real Property is not suited for Purchaser, the Purchaser may, within the inspection period cancel this agreement by written notice to the City and receive a return of all earnest money paid. If Purchaser fails to notify the City timely of Purchaser’s cancellation of this Agreement, the conditions to closing provided by this paragraph will be deemed satisfied and closing on this Agreement will take place as otherwise herein provided. It is the intention of the parties of this Agreement that the inspection period will afford Page 6 Purchaser the opportunity to make a due diligence inquiry as to the status and condition of the Real Property and its potential for utilization. The Purchaser may make such inspections and perform such tests as it deems necessary, including, but not limited to, tests relating to the soil and environmental condition of the Real Property as provided by this Agreement, its zoning, its consistency with applicable Comprehensive Land Use Plans, the levels of service and concurrency obligations imposed by the Growth Management Act of 1985, the availability of building and other relevant permits, the availability of utility services capable of servicing the Real Property, impact fees, access curb cuts, and such other investigations as Purchaser deems necessary. SECTION XXIII GOVERNING LAW This Agreement and the rights and liabilities of the parties to the Agreement shall be governed by the laws of the State of Florida. If any provision of this Agreement is invalidated by judicial decision or statutory enactment, the invalidity of any such provision will not effect the validity of any other provision of the Agreement. SECTION XXIV BINDING EFFECT The covenants and agreements contained in this agreement will inure to the benefit of and be binding on the parties and their respective heirs, executors, administrators, successors and assigns. SECTION XXV SURVIVAL OF COVENANTS The covenants, terms, and provisions of this agreement will survive the closing of title and delivery of the deed. SECTION XXVI CAPTIONS Captions in this Agreement are included for convenience only and are not to be taken into consideration in any construction or interpretation of this Agreement or any of its provisions. SECTION XXVII OTHER AGREEMENTS No prior or present Agreements or representations shall be binding upon Purchaser or the City unless included in this Agreement. No modifications or change in this Agreement shall be valid or binding upon the parties unless in writing and executed by the party or parties intended to be bound by it. SECTION XXVIH DIRT MOUNDS Mound dirt located on the neighboring City property will be property of the Purchaser and removed by it. The area of removal will be prepared at level of adjacent grade. Page 7 S&P MANAGEMENT OF FLORIDA, LLC, A FLORIDA LIMITED LIABILITY COMPANY By: Patrick F. James, Managing Mem \ Se DATE: j2-(R-0/ Page 8 CITY OF FORT WALTON BEACH, A FLORIDA MUNICIPAL CORPORATION By: Reid Silverboard, City Manager BQ SEL DATE:___12-18--01 arrest (/ i), A Loon. HELEN A. SPENCER CITY CLERK Reviewed for Legal Sufficiency: EXHIBIT A LEGAL DESCRIPTION 11.95 ACRES ON WEST SIDE OF READY AVENUE FORT WALTON BEACH, FLORIDA FORMER RIFLE AND PISTOL RANGE That part of the Southeast Quarter of Section 8, Township 2 South, Range 24 West in the City of Fort Walton Beach Commerce and Technology Park, Okaloosa County, Florida, being more particularly described as follows: Commence at the Heidt and Associates 4” x 4” concrete monument with 3-5/8” brass disk marking the intersection of the south line of said Section 8 and the east line of Hurlburt Air Force Base, for the point of reference. Thence proceed South 87 degrees 27 minutes 15 seconds East along the south line of said Section 3, for a reference bearing, a distance of 800.46 feet to a point on the west right-of-way line of Ready Avenue (80 foot R/W); thence proceed North 01 degree 15 minutes 48 seconds East along said west right-of-way line a distance of 150.00 feet to the Point of Beginning of the land to be described; thence continue North 01 degree 15 minutes 48 seconds East along said west right-of-way line a distance of 800.00 feet; thence proceed North 87 degrees 27 minutes 15 seconds West a distance of 650.42 feet; thence proceed South 01 degree 15 minutes 48 seconds West a distance of 800.00 feet; thence proceed South 87 degrees 27 minutes 15 seconds East a distance of 650.42 feet to the Point of Beginning. Said tract containing 11.95 acres, more or less. Subject to all existing easements of record. Page 9 0 1A 98 PPM CONSULTANTS, INC® POST OFFICE BOX 2478 « DAPHNE, AL 36526 - 334.990.9000 « fax 334.990.9025 October 17, 2001 EXHIBIT B con bern Dux stinky ka. # 2%, 064,08 Mr. Pat James S&P Management of Florida, LLC Post Office Box 1165 Daphne, Alabama 36526 RE: Summary Report for Phase II Environmental Site Assessment & Phase II Investigation for Remedial Activities Fort Walton Beach Pistol Range Ready Avenue ; Fort Walton Beach, Florida PPM Project No. 231201-ESA H Dear Mr. James: PPM Consultants, Inc. @PM) conducted a Phase II Environmental Site Assessment (ESA) and Phase III Investigation for Remedial Activities on September 26, 27, and 28, 2001 at the above referenced facility. The purpose of the investigative activities were as follows: e Determine the current subsurface conditions in the former onsite fire department training area as the result ofa reported impact from a petroleum hydrocarbon release. e Determine the impact to soil and groundwater from lead in the area of the former police department shooting range. - e Provide a cost estimate for remediation of these two areas based on the investigative findings. 1.0 SITE CHARACTERISTICS PPM conducted the site reconnaissance for a Phase I ESA on September 11, 2001. The subject property is square in shape and occupies approximately 800 feet by 650 feet, or 11.95 acres, of land. A small wood-frame building is located on the southwest portion of the site. The southeast portion of the site was formerly used by the Fort Walton Beach Fire Department as a fire-training site. Features in this area include a 500-gallon propane tank, an empty 1,000-gallon above ground storage tank (AST), and test. bum pits. MOWROE « MOBILE - SACKRSON © BIRMINGHAM - BATON ROUGE - PENSACOLA - ORLANDO AN INC. S00' FASTEST-GROWING COMPANY wwe ppmco.cam Mr, Pat James October 17, 2001 Page 2 Approximately six cubic yards of petroleum-impacted soil, stockpiled on plastic was observed adjacent to a 50-foot by 70-foot pit