1996-067 Public Safety Facility Land Purchase• RESOLUTION NO. 67-96
A RESOLUTION OF THE VILLAGE COUNCIL
OF THE VILLAGE OF NORTH PALM BEACH,
FLORIDA, AUTHORIZING AND DIRECTING
THE MAYOR AND VILLAGE CLERK TO ENTER
INTO A CONTRACT FOR SALE AND
PURCHASE WITH THE JOHN D. AND
CATHERINE T. MACARTHUR FOUNDATION,
AN ILLINOIS CORPORATION NOT FOR
PROFIT, FOR THE PURPOSE OF
PURCHASING TWO (2) LOTS ON U.S.
HIGHWAY 1 AND ANCHORAGE PARK FOR THE
PURCHASE PRICE OF $1,200,000.00,
WHICH CONTRACT IS ATTACHED AS
EXHIBIT "A"; AND, PROVIDING FOR AN
EFFECTIVE DATE.
BE IT RESOLVED BY THE VILLAGE COUNCIL OF NORTH PALM
• BEACH, FLORIDA:
Section I. The Village Council of the Village of North
Palm Beach, Florida, does hereby approve the Contract for Sale and
Purchase with John D. and Catherine T. MacArthur Foundation, an
Illinois Corporation Not-for-Profit, attached as Exhibit "A", which
contract is for the purpose of purchasing Two (2) lots on U.S.
Highway 1 and Anchorage Park within the corporate limits of the
Village.
Section 2. The Mayor and Village Clerk are hereby
authorized and directed to execute the Contract for Sale and
Purchase with John D. and Catherine T. MacArthur Foundation set
forth in Exhibit "A" for and on behalf of the Village of North Palm
• Beach.
,.
Section 3. This Resolution shall take effect immediately
upon its adoption.
PASSED AND ADOPTED THIS 14th DAY OF NOVEMBER
(Village Seal)
1996.
~d~G~~~~~G"' "' ~/ 47'Y.
MAYOR
r~
J
A
•
Y.• PURCHASE PRICE :..........................................................................._.............._................._.._............._..._......._..._............................................_.... i1.2OO.000.00
PAYMEM:
IU DePPW Mbhevrow BY N.P. SERVICES hEr ERgMEa_.._f_ 12.000.00
le) Atlpiporul eacmw MPO{E b M Irrb wNEn _ tlEy{ arc EIrcYN DEr lu bhrtl h PEnpnFB Y9 h M EIMMM d ........__..
............... i n/a
(c) BuBlea m AND Wumawn a iNOIp m«Ip{p{ h pootl EWMrq h rYer a
MAlq.nwwallmFrvnE«ilvne0aarma...._..._.~ .................. E n a
(p) Purtlru mpry m«Ip{q Ertl rxM b S{Mr IaN Etltlwtlrnl h YI{ {moUa d ...............:
.................._........_.._..........._............_....................... E n a
lel Diner:
j n a
(p Barnp ro dose M u.s. wsn, LocALLV wuwN wrawtl «culi{n aEKB «AErtgRy bEn, EIaNa b E4irbnEM1IX pipntlar _...._....... 11.188.000.00
EI, nNE FOR ACCEVSANCE OFDF ER.Ef}ECnVE DAT[, FACBIMaE.aW{e1MYInauEnAMp/EM bignOb{Ap{NU piFACT OF EXECIlfgNOOnm.YpW hwIMX
teMean er w.ues onIXMige 11~1SY YD h0{po{N({)rA.MBvrh opE«I.b nbnrD EnD EJ{arr wlEtlnwn Tr p{r aC«IbEa(~pallWlwi
De nr pals Mlen Ina rat one d Eta Buyer EM 6eler IW sipyp EEa aNr. A flwlllYle top/ a Ylr Cor4Ea EM dV aprMEKEE Mason aW a Mri{tlEletl brat OIIrOeEM Y «gYUY.
IY FlNANCINO: N/A
U) n me vurauae Prbs a {ry was a n r b Be rrrKetl M • tlirpgry WM1 Ei{ CBMrW r oonatlpnW an Buywr edEMMip E rnaErl wnvNmrM wEMn_ EeYE wr EMCtin
Dale brlCHECK ONLY ONEI:]•Maatl:]{n EQUard{;«]EMxed «EdWrdl nb bEn htlr ptlndpEl EiriOUN df ,aN hNN YgdE{Inrrldk
muea !:. dawuM{M Orq'vueon Wand bucwtl_%d gYrlwl ErrbunL {M lur•rrmd yeEn. BuyErrN mab EpplwEw K/ABl_tlgreEMr EYECEw
Dala en0 use naaaude dlpsrce b Wrr E Wn CenmMyM NQ InrNMr. b NEay rrlry 4YJ e«Igy«y a IM WnvNbwN Erq awE tlr bEn, ayM arl wY EI WI
{.penset. II Buyer ras b Darin • c««MroM «bir b wise BvY{f{ ApM{ untlertln wEwrEprEph MEEn Er YmE braK{Wnp • aamKmEN IX, NYralgn Nbrl rb b met
oe rrms {ro COriNlbry el tln c«mibnen4 Mn eAMr arty ErnaMn By warn riopu b E4 aMr, mry ariEK E4 CaIBEa Ertl BuyEr {hEll M nMWtl M bpoaE(E):IX
le) Tna uisnrp nq^ww WapEeO h PEnpnpn Itlcl. EEGN. Na{ (CHECK ONLY ONE(: ] • NNEN hrnpt ME; a D E Eno Ype1w1 nr d _K pr ENYAL N Yin{ a Ea
Varular, some Aaetl imenal nra En suENa b hcn{u: Y hrnuW, tlr nN {NeA nd ucEetl _ %wr Elwin, BeAEr ENA, rMr _ tlEM tl1Er EEepNw 0.M. MANN i,
{I%rowi o Bu~T acnlM ~ 9N a41mp IM prinelpal p{rnts. meebe a wYmeM. YWrHI nN EM ErM a T«Ip{p{. E aYYEr IW EpNO b ENYIM E nbrlp{q sRYdl n«M1'
M rpppw br WUmptlon, MnBUyerMrAprnptlYaK{h Er nEwWryEpplntlon Ertl Wipers/mmpMEErtl nMnEbM
cnageUl MI ro exn{d f {NEA b wr EY BuyEf. K Buys r na ECpP1Etl b/ mMgpM IX M IERWeiMIE{ br ENMAy11IX1 Enro1pMi ~W~~
M farms oI1NS Cenlna «merlp{pN m{kN F W qF h wwu a Er {rr0 ETOMy, BEE{r «&ry1r TEy MLBtl En DenbEa b/ w11Mn r10tlw b M OEMr w1Y' Ilrlb{{ EAM
1 •c1s ro wY IM IfKnW h hrreat nr IX upu lrbrlwpe CMlpes. ,, ~
p«Eaep br E:e be r{N 15 Wt's bbn aceirp bb. Bul nE carper Ern .., atlEYF EMr a{0{r naME wrArn IbtlECEtlan M ava~r Iw a0Wr0 Wn mnMlrrE o
a UniplMn YprWWetlh PEIEpIEpIr IVIEIIXIbI. {EON. IX.EEEpr1'Eie. WEywtl Ey
p{Lwr b Buyer « Buwfa'{E«neY, « ] BvNr WI EI Buwfa u^ur. twin rfYCrYI rwnv nuc.~ hr^r~ rBiYlre^r (CHEDK DNLYONE ~ ., rE11EA, FI S{IIEf:
VI. ClOSWO DATE:TNalnroeclbnaMll EEaWetlEroEle E{M EntlaMrcWhpwwnb%IXM an 02/15/97 uNW ROaMtllyaVwlEOMabrraAEa CaErEm
Was. OCCUPANCY: s.lrr wemnu INi tlrn w ro wrEw h o«WEnry IXMrYrri BNbr,EUI F Pnwry Y BMEMM b b nrlW IX aeagNtl EEydIE dwylp, M ya Er10 nmr ErrEo
aM ma rnamrl «occuww {MA b ti{tlo{ep {xAYWM b Srrtl{N F. Behr {11{1 tleMNr oxuwnry d Plewry b Buhr d EmE d dwpp INEU elMrrAN W W Mash M
r to a peuwrm Mbre doting. Bvwr {uum{{ EX Eaq d bu b PrweM Bom WN a aergnry, krA b mp«i{bb Eno A{br br INMYM1ErKw Bowl NI dr. Ertl aW W bMW Mp
Haw aa{de0 ProwM b M uuur0 mrlpilion N d ErM d crop ooNwrwy unMU eErrAne {IEW BWh
I%. TYPE WRITTEN OR HANDWRITTEN PROVIBIONa: TywwrlMn«MMetlMnprwbbn{,M{n EMEtltlEMa{IlEl eerprel EA PrMEetl poYrrrraAlr C«WW hcaWa wM Mm
X. PIDERB: (CHECK E4Me ripen Micas En EFPEr+EI{ µD En {Martl b EEa CONrEp):
(s) ]COASTAL CONSTRUCTK)N CONTROL LINE (tl) 0 VA•FNA al D IgMEOWNER6' ASSOGATKJN DISLL• 0&NiF
(E)]CONDOMINIVM p) nINSULATgN KB ORESIOENTMLL LFAPBASED IIA7ARD DISCLOSURE
Iq ]FOREIGN INVESTMEM IN REAL PROPERTY TAX ACT K) O'AS Ib` IU O
XI. ABBIDNABILrTY CHECK ONLY ONE(' BVNr ] mEy EWpn Eno Err{By b nWwtl Bdn EM BKMr YEBIiy IHtlEr En COarECL O rNy uaipR BIA fp M nrE{{0 Bem 4ryBF
uMer ms Con/ecr. or~maY MI uspn mid Conna.
YA. gSCLOSUREf:
la) Radon a { naWnih oaump nbeaaiN W{ met wMn ECGerIMEW h • b/Itlirp h tllKal{rE E1rraEEt mEy pnaEN BNIm IrME b wn«r wM En E%PW{tl b Y oNr Ems
lawM of npm met naN rpenl W mr puipspnw Mw Ewn buntl h Eup6np{ h Fbrtl{. Atlappn{I hbrmElbn rEwrdrp Rdbn «R{tlw WYp mEy M oDl{YIEtl Mon
ID) Bu r Count' PuNic IN{An Mit
).r may Mw tlerminsp Eu en{rpY EXicerKy npnp a Er nslWM4lBWlaro B ER/ r buW en Ar F4a ProPEM.
Icl R Ew Real rr, paM MicE+peF «ttp)B rubenpEl lloyFirp mM PanprapB %IBI r nrrtlErry.
XIII. MAXIMUM REPAIR COSTS: S{Nr aAMI nd M r{{parbN b wymrm h EW4 a: '
lal f N /A br In{enMl {M nw4 Mtlsr srro.n D IE EI{ril Erri Ex d Er PMa1{{e PACE).
IRIS N/A br nedr Ertl r{pl{amEn utldSMNaen N(E dENL Ern 7Y,aEr PUdry FKW). .~
%W. 6vECIAL CLAUSES: ADDENDA: K {tltliporrl ynlr {n b b «wtletl. EEatl1 EW{ItlMp Ertl CNEd( IIE
THIS IS INTENDEDTO BE A LEGALLY BINDIND CONTRACT.IF NOT FULLY UNDERBIOOD, BEEKTNE ADVICE OF µ ATTORNEY /WORLD BIDNWO.
THIS FORM (LAS BEEN APPRWED BY THE FLOpIDA ASSOCMTKRI OF REALTORS µD 7HE FLWEDA BAR
APprowl does roc caunMe {n opvsvrl Erseryd m1 rm1! EM a«IaAM1 h Y14 CaIBM ErMrad b EnvDbEBX EMpMN h. FErbL4r BEIIaEC'Y«L Amy EMM'IaAWIa Flbrr/d
b rroPMaradbaeernnnws.~..a:~w._~.. _.,_..,.____ _ _
Village of North Pall Beach
r. LD.. _5Q_5017QRA
SoFial Secupy or Tu LD e
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DEPJS~I unmr Parapnpn II la) rawived, IF OTHER THAN CASH. THEN SUBJECT TO CLEAW WOE,
BROKER'S FEE:TM erppan Nm{tl Mbw. hdutli Es' Ertl ~~~~^~
asp unp cocoenpnp BnMn. En Er eMY Brepsn ENErtl b wrllperrEEen h oorwaion rM BYa ConVEa:
N„,~. Ba1lenISleB Realty None
Lbunp Broiler CoownErq BNMEn, B Elry
~aR Earr~a Ra.,sea ILYp FARA3µ 1pN8 WDERS Cµ BE DBTANIED FROM FLORIN UV/YER1
SUPPORT BERWOES. AVC. 6lBSO
'~
In Legal tlescrrolbn a me Real Fvowry bwW h Palm Beach Count'. FpME{:
_ See EXHIBIT "A" attached hereto and made a Hart hereof by this reference
Ie1 sdeel .paW. ay. nP. a Er Prop{rry r: N A
(c) P{n«Ial vrowM NONE
..f Iy~al~vAknYia run ntgL tSTATE TRANSACTIONS
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, en .come syrwpsn a M wvumema anecvrp aN b M Real Propsrty rawdFO b M pudic reront a M count' nMnin M Mai Prope
I cmmenca wM M eNkeslpudit faMrtle, d tudl bier Oele u MY a arbMy b M oouny. Upon dWAq d HW Corbin. M Wlna tHaY
e rpnt of rorenlion tnerspl M flan monpeWe unU kAly dip. k) ABHXJOau~,tm~lbby Musa pt'. Fbrbe inneee Ne Meer a8reevp
f b BuYar, en oxrwre poky d me eraeroe b M anaav d M WrdwN aIN. Ypamp Bu»ft W b M Mal Prapery, eugea any 1
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AipaHpna aovbM n mis Donlltd. MerkebW HW NWI M HNarmini taaQUp b tppfbede TM 8W Wee YCOpleO pt' eWpny diM FbrWe
INw 30 Mn.Measlnd.a80a».HHN COrrvnlbnsnl, Irom mudnceiwpeYlH.rrwd Wbeomrr4HFU 4bIXb Wbclyn, raHt
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fr Null eiarr wN» M aebcla, a nni» • nIW d bpou(s), MraHy nl plaYlXao Mnbr. N 6uer b unede b YMy grad M Nektna.
URCNABE MONEY bORfOAOE; SECURRY AOREENENT70 BELEER: pdcByNr~MM ~w~wr odpetlpn lmper Hy{CgWed.
wnldbensbrd be Rei~vmrrrorra~.twnY WFae MHOHY•NCOnOdbwrng118epe:NA provlM~b n~pM~o1PMFYMnInF wMleuklq wNM1Wlp~erntll XO'~k BnN WnoobM
eyor. X M
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r b Bu»r wdYn Mn Hrlw Nrba b M Mm d • Selbn aXioavv, anH Bu»r may
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n known b SeYer ma HNXUr auNp MI Mre HaN Dun ro Hllpragnrr%t Or
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slpeluN.
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eh YXe rrlelkebW anx 61YJan eXOr~ 61YH YM MpIiV d reftrea b peM1am Hlb CanHaca, M Bu»r MY aNk apaaXb
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.
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b M Yen d a aawrpy aprNrMM evbanNH pt' recab0 RnarcAnp sbNMnb. X • MYOpn rtrnnyeq, M hrl payment wR
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•
•
ADDENDUM
• THIS ADDENDUM TO CONTRACT FOR SALE A27D pURCHABE is made and
Ja.,~/
entered into this 14th tlay of 6etobar; 1996, by and between JOHN
D. and CATHERINE T. MacARTHUR FOUNDATION, an Illinois not-fOi-
profit corporation, whose mailing address is 4400 PGA Boulevard,
Suite 900, Palm Beach Gardens, Florida 33410 (hereinafter the
"Foundation") and the VILLAGE OF NORTH pAIl4 BEACH, a municipal
corporation organized under the laws of the State of Florida,
whose mailing address is 501 U.S. Highway One, North Palm Beach,
Florida 33408 (hereinafter the "Village").
RECITALS
WHEREAS, the parties have entered into a certain Contract
for Sale and Purchase of even date herewith (the "Contract") for
the sale and purchase of certain property described as Lots C and
D, Plat No. 2, Palm Beach Lake Worth Estates (hereinafter the
"Property"); and
• WHEREAS, the Foundation is also the owner of a certain
parcel of property located in the Village of North Palm Beach,
Florida, (consisting of approximately 3.22 acres) and commonly
known as Anchorage Drive Park, as such property is more
particularly described in Exhibit "A" attached to the Contract
(hereinafter "Anchorage Drive Park"); and
WHEREAS, the Village has requested in conjunction with the
sale of the Property that the Foundation also dedicate Anchorage
Drive Park to the Village for use as a public park and/or other
recreational purposes, and the Foundation has agreed thereto,
subject to the terms and conditions of this Addendum; end
WHEREAS, the Code of the Village ("Code") requires that
developers provide land for public use as a condition to certain'
subdivision, and zoning approvals; and
WHEREAS, in recognition of the conveyance of Anchorage Drive
Park to the Village by the Foundation pursuant to this Addendum,
the Village wishes to grant to the Foundation or its designees,
certain credits towards the Code provisions which require the
,~
i~ '
mandatory conveyance or dedication of lands for public use, all
• as more particularly described herein.
NOW, THERE FOAE, in consideration of Ten Dollars (510.00) end
other Good and valuable consideration, the receipt and adequacy
of which are hereby acknowledged, and in further consideration of
the mutual covenants contained herein, the Village and the
Foundation, intending to be legally bound, hereby agree as
follows:
1. Recitals. The above recitals are true and correct
and are hereby incorporated into the~body of this Addendum as if
fully set forth herein.
2. Conveyance of Anchorage Drive Park. Simultaneously
with the conveyance of the Property as described in the Contract,
the Foundation shall deliver a properly executed special warranty
deed conveying Anchorage Drive Park to the Village. 3na#-~w~ R4~
____ ~
es, nc u n ,
i
The form of such deed is attached hereto and made a part hereof
as Exhibit "B".
3. Acknowledgments. The parties agree and acknowledge
that:
(a) The Foundation currently owns certain tracts of
undeveloped real property which are located within the
jurisdictional boundaries of the Village, as described in Exhibit
"C" attached hereto and made a part hereof, and known es
Prosperity Harbor North and Prosperity Harbor South.
(b) The assignees, designees, successors and/or contract
purchasers of the Foundation have or~may petition the Village for
subdivision, planned unit development, site plan and/or other
zoning approvals for all, or portions, of the property currently
owned by the Foundation.
• (c) Section 36-23 of the Code ("Public Sites and Open
spaces") requires the dedication or conveyance of certain lands
for public use as a condition for the approval of a preliminary
i~
Av
2
\\mac(1\voll\legel\p[iva[e\OB\atldentlum.tloc
plat. The minimum area a developer shall be required to provide
• for public use in a proposed subdivision is five percent (51) of
the gross land area of the subdivision.
(d) The Foundation or its designees should receive a
credit towards the requirements of Section 36-23 of the Code, and
any replacement or amendments thereto, or any other similar
provision of the Code, in consideration of the conveyance of
Anchorage Drive Park to the Village.
(e) The village recognizes and acknowledges that the
Foundation is a non-profit foundation and cannot actively develop
land on its own behalf. It is the intention of the parties that
the credits granted by this Addendum shall extend to the
Foundation and its successors, assigns, designees, lessees and
contract purchasers, at the times designated by the Foundation.
9. Credits for Future Development. The Village agrees,
as a condition of the conveyance of Anchorage Drive Park and the
execution of this Addendum by the Foundation, that the
• Foundation, or its designees, shall receive a credit against and
in accordance with the requirements of Section 36-23 of the Code,
or any other provision of the Code which requires the conveyance
of lands for public use (and any amendments, substitutions,
variations, or replacements for such Code provisions) to be
applied toward any future applications made to the Village
pertaining to lands owned by the Foundation for subdivision or
zoning approval, including, without limitation, any petition for
approvals for subdivision, planned unit development, site plan
and/or other zoning approvals.
The total credit granted pursuant to this Addendum shall be
3.22 acres, which may be applied towards any combination of
subdivision and/or zoning applications submitted to the Village
by the Foundation, or its designees. The total credit may be
divided between applications in the Foundation's sole discretion,
provided that as credit is applied to an application, the amount
• of the credit so applied shall be deducted from the total credit
described above. By way of example only, should [he Foundation
apply 1.19 acres of the credit to a particular planned unit
\\mac[1\voll\leQal\pti vote\OB\aEdenEUm.EOc
3
,~
development application, the total remaining credit would then be
• 2.08 acres.
Provided, however, credits under this Addendum shall be
deemed to be used only when a ioninq application has received
final approval from the Village. In the event a zoning
application is denied, any credits attributed to that application
will not be deducted from the total credits described in this
paragraph 9.
Provided further, however, if a final zonlnq approval from
the Village expires or is otherwise terminated or abandoned prior
to issuance of the first building permit, then and in that event,
any credits attributed to that application will be added back to
the total credits described in this paragraph 4.
Furthermore, such credits shall only extend to property
located within the municipal boundaries of the Village and owned
by the Foundation as of the date of this Addendum.
• 5. Credits Based on Current Code. The credits granted
to the Foundation in this Addendum reflect the currently existing
Code requirements relative to the dedication or conveyance of
land for public use. It is the intention of the parties that if
the Code is in any way amended or modified to increase the
percentage of gross land area which is required io be dedicated
or conveyed as a condition of a subdivision approval, the credits
granted to the Foundation herein shall automatically be
increased, to offset any such increase. The Village agrees not
to request or require additional conveyances or dedications of
land for public use from the Foundation or its successors, or to
take any action whlch would frustrate the intention and purposes
of this Addendum.
6. Entire Agreement. This Addendum, together with the
Contract for Sale and Purchase, incorporate and merge all
agreements, understandings, promises, covenants, conditions,
representations, and warranties between the parties relative to
the subject matter hereof. No claimed modification of the
Contract nor Addendum shall be effective and binding unless such
s~
4
\\mac(1\voll\legal \pa vet<\O6\atltlentlum.tloc
R
a,o cc.ccation is in writing and_duly executed by the party sought
• to be charged therewith.
~. Venue and Governing Law. Venue for all proceedings
in connection with this Contract and Addendum shall be Palm Beach
County, Florida, and all aspects of the Contract and Addendum
shall be governed by the laws of the State of Florida.
8. Survive Closing. The obligations of the Village as
provided in this Addendum shall survive the conveyance of
Anchorage Drive Park by the Foundation.
9. Enforcement. The Village acknowledges that damages
at law would be an inadequate remedy if this Addendum is not
specifically enforced. There £ore, in the event of a breach or
threatened breach by the Village of any provision of this
Addendum, the Foundation shall be entitled, in addition to all
other rights or remedies, to injunctions restrnining such breach,
without being required to post any bond or other security, and/or
to a decree for the specific performance of the provisions of
• this Addendum.
10. Further Assurances. The parties hereby egree from
time to time to execute and deliver such further documents and do
all matters and things which may be convenient or necessary to
more effectively and completely carry out the intentions of the
Contract and Addendum.
11. Readings. The sections and paragraph headings
contained in the Addendum are for reference purposes only and
shall not affect in any way the interpretation of the Addendum.
12. Successors and Assicns. The terms and conditions of
the Addendum shall bind, and inure to the benefit of, the parties
hereto and their respective successors, legal representatives,
and assigns. ~ -
13. Restrictions; Easements; Limitations. Village
shall take title subject to: (a) Comprehensive Land Use Plan,
Zoning, Restrictions, prohibitions and other Requirements imposed
• by governmental authority; (b) Title Exceptions as shown on
Exhibit "D" attached hereto; (c) Use Restriction provided in the
deed; and (d) matters appearing on the plat.
\\eras[1\voll\legal\privata\OB\atltlentlwn AOc
S
14. Closin Contin encies. Village shall have a period
Mne~ C4V
• ~ of saxty-t{g-)- days from and after full execution of the Contract
for Sale and Purchase in order to inspect subject real property
and perform tests at Village's expense including, but not limited
to, a soils investigation to determine the adequacy of the
underlying soils, and an environmental audit to determine the
potential environmental liabilities associated with the subject
real property. If the inspections and tests are not
satisfactory, in Village's sole discretion, Village shall have
the right to give written notice to Foundation that it is
dissatisfied with the inspections or test results whereupon the
deposit shall be returned to Village and the Contract for Sale
and Purchase between the parties shall be at an end and neither
party shall have further right or obligation as egainst the other
by reason of having entered into the Contract for Sale ar.::
Purchase. If Village fails to elect cancellation ofthe Contract
'/ _ nins~ ~90~
~/ within said s#xey--r6Q) day period or proceeds to closing prior to
• that time, this contingency shall be waived. Village shall
indemnify Foundation from all mechanics' liens ox liabilities,
expenses, attorney fees or court costs (including those on
appeal) arising out of the activities during the inspection
period of Village or Village's agents, employees or
representatives.
Upon full execution of the .Contract, Foundation agrees to
promptly furnish to Village any and all soil investigatlon testa,
environmental audits and similar tests or studies as to subject
real property in the possession of seller. In addition
Foundation shall furnish Village with all studies, reports and
written information that is in its possession as to underground
tanks or storage facilities at Anchorage Park.
•
6
\\mac[1\voll\legel\pilve[e\Oa\edEenEUm.tlx
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•
IN WITNESS WE[EREOF, the parties have caused this Addendum to
be made and executed as of the date and year first above written.
Witnesses:
Witnesses:
( -_ ~_ r
~_ JENut~
"FOUNDATION"
JOHI7 D. and CATHERINE T.
MacARTNUR FOUNDATION
an Illinois not-for-profit
corporation
ey: .~
Its• V,K ed "\
Attest: ~~ _ .~_--_~
Its: a _- _ -
?v
•
\\ma cfl\voll\legal\p[SVate\OB\etltlentlum.tlot
7
"VIyL11OE"
VILI.11OE OF NORTR FAIM. BEACH,
a municipal corporation
organized under the laws of the
State of Florida
Exhibit "A" 'Page 1 of 2
LEGAL DESCRIPTION OF THE REAL PROPERTY
•
PARCEL A (Foundation 1'orcel 43.02)
Lots C and D as shown on PLAT NO. 2, PALM BEACH LAKE WORTH ESTATES.
according W the plat thereof recorded iu Plal Book 35, pages 143 and 144, public records of
Palm Beach County, Florida.
I'ARCGL 6 (Foundatiun I'arccl 43.12A)
A parcel of land situate in Sections IG and 17, Township 42 SouUt, Range 43 Eesl, Palm
Beach County, Florida, lying within Tract "A" of VILLAGE OF NORTH PALM BEACH
PLAT NO. 1, es recorded irr Flat Book 24, at pages 202 Uvough 20G, of Ute public records
of Palm Beaclt Courrq•, Florida, said parcel is Described es follows:
Couunencing at the Lest quarter cornet of said Section 17, as shown on said plat; lhe~
South 00' 00' 00" East along the centerline of Anchorage Drive, a Distance of 620.92 h
thence North 90° 00' 00" West, a dislarrce of 40.00 feet to a point on Ute Westerly right
.ray of Anchorage Drivc, said point being 23.00 feet Nortrerly of Ure begirmiug of the cur•.
on the Easterly'pcrimeler oC aforesaid Tmcl "A", and also being the POINT (:
6EGINNING;
Thence continue North 90° 00' 00" Wesl, a dislarrce of IG0,44 feel; Weuce South 00° 32' L
West, a distance of 263.79 feet; llrertce Soullt 59° IS' 44" Easl, a distertce of 62.64 feel,
thence Soutlr 21 ° 1 G' 37" West, a dislerra of 220.57 feet to Ure souUrerly line of Ttact A;
thence Soutlr G8° 55' 30" East, along Ure souUrwly lice ofTract "A", a distance of 54.66 feet
• to fire beginning of a curve, Itavirrg a radius of 780.00 feet, from which a radial line bears
South 21 ° 04' 30" West, thence southeasterly along Ure arc of said curve, subtending a central
angle of 8° 5T 32". a distance of 121.06 feet to a point oe Ure nortlrweslerly right of wsy line
of Southwind Drive, as shown on said plat, said point being on an arc of a curve having a
radius of 390.00 feet, front wlticlr a radial line bears South 59° 32' 40" East; (hence
tronlreasterly along fire arc of said curve, subterrdirrg a central angle of 28° 51' I S", a distance
of 196.40 feet to s point ou the westerly right of way line otAnchorege Drive, said point
being on lire arc of a curve (raving a radius of 840.00 feet, from which a radial line bears
North GD° 35' S0" Cesl; thence northwesterly along said westerly right of way line, and the
arc of said curve, subtertdirrg a central angle of 29° 24' 10" a dislattce of 431'.07 feel Lo lire
point of tarrgeucy of said curve; thence North 00° 00' 00" Easl a distance of 23.00 feel to the
POINT OF BEGINNING.
I'ARCLL C (Poundaliou Parcel 43.128)
A parcel of laud situate in a part of "1'racl "A", as slrowrr on fire plat of VILLAGE OP
NORTH PALM BEACH PLAT NO. 1,1'lat Book 24, page 204, according to Ute public
records of Palnr Beaclt Courtly, Florida lying irr Section 17, Township 42 Sough, Range 43
East, within the municipal limits of the Village of North Palm Beach, Palm Beach County,
Florida, artd being more paniculerly described as follows:
Corruneucing at We East Quarter Corner of sail Seclioa 17; raid Quarter Comer being in Ure
centerline of Anchorage Drive as now laid out mrd in use; Urena run South 00° 00' 00" East.
along said centerline of Artclrorage Drive arrd said Eesl line oC Section 17, a distance of
596.92 feet to a point; Uretrce nut Soutlr 90° 00' 00" Wesl, a dislana of 40.00 feet to a point
• in fire Westerly right of way of said Anchorage Drive; Utence continue South 90° 00' 00"
West, dcpaning front sail Westerly right of way line end funning along Ure Northerly line
of a Roadway Easement 24.00 feel in width as described in Official Records Book 2)13,
page 644 end Official Records Book 1865, page 41 of life public records oC Palm Beaclt
County, Florida, a Distance of 357.33 feet to fire POINT OF BEGINNING of fife herein
described parccl;
id
?R
Exhibit "A" Page 2 of 2
k~
Thence along the Northerly line of said Roadway Easement Ute following two courses and
Distances; 1) Soullt 90° 00' 00" West, a distance of 69.43 feet; Utence 2) North G8° 55' 30".
Wes4 s distance of 127.07 feet; thence departing from avid Roadway Easement and tumring
along the perimeter of "Tlte Village otNorlh Palm Beech Property", as described in OiFicial
Records Book 3602, page IG98, the following three wurses and distances; 1) NorUt 21° 03'
30" East, a distance of 115.15 feet; tltettce 2) South 75° 36' 21" Earl, a distartce of 151.35
feet; thence 3) South 00° 00' 00" Wes(, a distance of 0.80 feel; thence South 00° 00' 00"
Wcsl, departing from said perimeter, a distartce of 114.82 feel to the POINT OF
BEGINNING of the herein Described parcel.
PARCEL D (Foundation Parce143.12C)
A parcel of land situate in a part of Tract "A", as shown on the plat o(VILLAOE OF
NORTH PALM BEACH PLAT NO. 1, Plat Book 24, page 204, according to the public
records of Pelm Beach County, Florida lying in Section 17, Township 42 South, Range 43
East, within the municipal limits or the Village oCNoNt Palm Beach, Palm Beach County,
Florida, and being more particularly described as follows:
Commencing at the East Quarter Comer of said Section 17; said Quarter Comer being in Ure
centerline of Anchorage Drive as now laid out and in use; Urence run South 00° 00' 00" Eazt,
along said centerline of Anchorage Drive ettd said East line of Section 17, a distance of
596.92 ket to a point; thence run Sou0t 90° 00' 00" Wesl, a distance oC 40.00 fat Lo a point
in the Westerly right of way of said Anchorage Drive and the POINT OF BEOINNINO of
the heroin described parcel;
Thence continue Soudt 90° 00' 00" Wesl, departing Crom said Westerly light of way line, e
distance of 426.76 feet to a point; thence North G8° 5G' 30" West, a distance of 234.40 feet
to a point; thence South 21° 03' 30" Eest, a distance of 24.00 feet to a point; thence South
68° 66' 30" East, a distance of 238.66 feet to a point; thenx East a distance of 431.22 feet
to a point; thence Nortlt a distance of 24.00 feet to the POINT OF BEGINNING of the
herein described parcel.
r~
u
EXHIBIT "B" Page 1 of 2
SPECIAL WARRANTY DEED
Prepared By and Return To: -
Steven Cohen, Esquire
9400 PGA Blvd., Suite 900 _.
• Palm Beach Gardens, FL 33410
Grantee's ID No.
Control Nos.
SPECIAL WARRANTY DEED
THIS SPECIAL WARRANTY DEED, made effective this day of
1996,
between JOHN D. AND CATHERINE T. MacARTHVR FOUNDATION, an
Illinois not-for-profit corporation, hereinafter called the
Grantor,
whose mailing address is: 4400 PGA Blvd., Suite 900, Palm Beach
Gardens, FL 33910-9660
to VILLAGE OF NORTH PALM HEACH, a municipal corporation organized
and existing under the laws of the State of Florida, hereinafter
called the Grantee,
whose mailing address is: 501 U.S. Highway One, North Palm
Beach, FL 33408
(Wherever used herein the terms "Grantor" and "Grantee' are
used for singular or plural, as context requires and include
• all the parties to this instrument and the heirs, legal
representatives and assigns of individuals, and the
successors and assigns of corporations.)
WITNES6ETH, that the said Grantor, for and in consideration ~-
of the sum of Ten Dollars ($10.00) and other good and valuable
considerations, receipt whereof is hereby acknowledged, hereby
grants, bargains, sells, aliens, remises, releases conveys and -
confirms unto the Grantee, all that certain land situate in Palm
Beach County, State of Florida, to-wit:
SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF
3UHJECT TO comprehensive land use plan, zoning,
restrictions, prohibitions imposed by governmental
authority; and matters set forth on EXHIBIT "B" attached
hereto and made a part hereof.
191egal\privauw}Hpbsrrddoc
•
EXHIBIT "B"
Page 2 of 2
TOGETHER with all the tenements, hereditaments and appurtenances
thereto belonging or in anywise appertaining.
• TO HAVE AND TO NOLD, the same in fee simple forever.
AND the said Grantor hereby covenants with said Grantee that the
Grantor is lawfully seized of said land in fee simple; that is
Grantor has good right and lawful authority to sell and convey
said land; that the Grantor does hereby fully warrant the title
to said real property and will defend the same against the lawful
claims of all persons claiming by, through oY_ under the snid
Grantor but against none other whatsoever.
IN WITNESS WHEREOF, the Said Grantor has signed And Sealed
these presents the day and year first above written.
ORANTORP
As to Grantor: JOHN D. AND CATHERINE T.
MacARTHVR FOUNDATION
Witness
Print Name:
Witness
Print Name:
(Corporate Seal)
• STATE OF FLORIDA
COUNTY OF PALM BEACH
The foregoing instrument was acknowledged before me this
day of 1996 by of John D. and Catherine
T. MacArthur Foundation, an Illinois not-for-profit corporation,
who is personally known to me or has produced as
identification.
e
r,.
Printed Name:
Notary Public, State of Florida
Serial Number:
(NOTARY SEAL)
Page 2
191cpa1\peivlcWly,Pbsx d.da
EXHIBIT "C"
• Leaal Dssoription
of
Prosperity Harbor North and South
•
Page 1 of 4
\\mactl\vo]l\legal\p~ivete\OB\edd<ntlum.tloc
E%l1IBIT "C" rtge 2 of 4
Legal Description
of
Parcels 8.01, 8.02 and 8.03
. A parcel of land lying in Section e, Township 42 South, Renpe 43 East, Palm•Beaeh County,
Florida, and being more particularly described ac lollowc;
All Ihal part of the Norlheasl Quarter (NE 1/4) of said Seelion S lylnp weeterly of the Wasl rlpht•
ol•wey o1 the Intracoastal Waterway, as shown in Plal Book 17, Pape 10, and weeterly of a Tine
76 leer westerly ol, as measured el right angles to the centerline of the North Palm Beech
Waterway, es said line Is described In OIIiclal Records Book 222, Pepe 346 end lying eaelerly
of the easterly ripht•ol-way line of Prosperlly Farmc Roed ac shown In Road Plet Book 2, Papec
136 and 137, LESS AND E%CEPTING THEREFROM the North One quarter (N I/4) of the
Norlheasl Quarter (NE 1/4) of said Section B lylnp westerly of the Intrecoaslal Waterway.
Also Less Ifte Wesl Three Quarters (W 3/d s) of the South Half (S 1/2) of the Northwest Quarter
(NW 1/4) of the Norlheasl Quarter (NE t/4); Also less the South 20.00 lest of the East Hell (E
1/2) of the Soulheesl Querler (SE 1/4) of the Northwest Quarlar (NW 1/4) of the Norlheasl
Quarter (NE 1/4) of said Section 8, less the Easl 267.95 lest thereof; Also lase the North 20.00
teat of the West Three-Quarters (W 3l4 e) of the North Hell (N 1/2) of the Southwest Querler
(SW t/4) of the Northeast Quarter (NE 1/4) of sold Section S; Also lace the North 20.00 lest of
the East Hall (E 1l2) of the Norlheasl Quarter (NE 1/4) of the Southwest Quarter (SW t/4) of
the Northeast Quarter (NE t/4) of said Section 6, less the East 267.p6 lest thereol. And also
less Ihal certain parcel of lend conveyed to the Viliape of North Palm Beech as described In
Ofliciel Records Book 3442, Pepe 1431.
TOGETHER WITH the North 112.6 teal of the Soulheesl Ouarler (SE 1/4) lying westerly OI the
North Pelm Beach Waterway as described in Olllclel Records Book 222, Pepe 346 end Easterly
of the Easl right-of•way line of Prosperlly Farms Road;
Together with Ihat certain parcel marked 'Prosperlly Harbor - NoI Included in the Plat' and Lpts
1, 2, 3, 4, and 5, Block 54, Villepe of North Palm Beech, No. 6, according to the plat thereol, ae
recorded in Plal Book 26, papas 10 through 12, In the OIIIce of the Clerk of the Clrcuil Court,.
Palm Beach County, Florida;
Containing In all, 78.62 acres, more or less.
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14
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ERHIBIT "C" Page 3 of 4
~~
raRCel, c
F. parcel of land lying in the sou[heaa quaver of Seetioo S, Township 42 South, Range 43
East, Palm Beach Counry, Florida, more particularly descnbed as follows:
Commencing at the southwest comer ofthe southeari gturta of said Section S; theoce South
88.34'32" East along the South line ottee southwri quarter (the South line of the southeast
quarter is taken to bear South 88'34'32" East and all other beatingx acted herein are rehttive
thereto) a distance oC 841.10 feet to the Eaa 1me of the Weri half of the West half of the
southeaa tpurta of the southweri quarter of the southeari gwrter oCsaid Settion S; thaee
North 00'06'53" Eaa iloog said East ]me and along the Wea line of the Plat of Harbour
Point Marina, recorded m Plat Book 73, Pages 99 and 100, Public Records of Palm Beach
County, Florida, a distance of 671.39 feet to the northweri comer of sald plat thence South
88'3759" East along the North line of said plat a distance oC 499.75 feet to the mori
nortbeasteriy comer oC said plat and the POINT OF BEGINNING oC the hereioaAa
desnibed parcel ihrnce continue South 88'3759" Eaa along the North line of the South half ;¢
of the southean quarter oCthe southeast quaver o(sild Section 5 a distance oC594.98 feet
to a point oC mterseaion with the Wea right-o6way line of the lntraeoaaal Waterway as
shown oo the Amended Plat oCSection 5-42-43 of the lnvacoaail Waterway, as recorded '
in Pla[ Book 17, Page 29, Public Records of Palm Beach Couary, Florida; thrnce South
07.20'49" Eaa along said nigh[-of--way line a distance of 166.93 feet to a point on the South
line of the North 165.00 feet oC the South halLof the southesri quarter of the toutbeari
quarter of said Section 5; thrnce North 88.37'59" Wea iloog said South lice a distance of
615.50 feet to the southwea corner o! the North 165.00 Feet of the South half of the
sou[heaa-quarter of the southeari quarter of said Section S, ald point lying on ilte Eari line `6`
of said Plat of Hubour Point Mariaa; thence North 00.17'18" Wea along tald plat Ime and
the Wea Ime of the North 165.00 feet of the South hall of the southeari quarter of the
sou[heaa quota of said Section 5 a distance oC 165.07 feet to the POINT OF BEGINNING.
EXIIIBIT "C" ?age 4 of 4
• Legal Description
of sy
Parcel 8.04
• A parcel of land lying in Section 5, TownahiD 42 South, Range 43 Eesl, Palm Beech County,
Florida, end being more particularly described as lollowc:
Thal part of the North Hell (N 1/2) of the South Hall (S 1/2) of the Soulheasl Quarter (SE 1/4) of
said Section 5 Iyinp westerly of the Wesl ripht•ol-way Ilne of the Inlracoaslal Waterway end
lying Easl of the easterly righl•ol-way Ilne of Prosperity Farms road, ac shown In Road Plet
Book 2, pages 136 end 137; TOGETHER WITH the Norlheesl Quarter (NE i/4) of the
Soulhweal Quarter, (SW 1/4) of the Southwest Quarter (SW 1/4) of the Soulheact Qusrler (SE
I/4) of said Section 5; TOGETHER WITH Ihal part of the North 188.6 teal of the Weel Hall (W
1/2) of the Soulhweal Ouerler (SW t/4) of the Southwest Quarter (SW 1/4) of the Soulheael
Quarter (SE 1/4) of Secllon 5 lying easterly of the Easl line of those lands described In Deed
Book 877. Page 439, Pelm Beech County records; TOGETHER WITH Iha Wecl Hall (W 1/2) of
the Wesl Hall (W 1/2) of the Soulheael Qusrler (SE 1/4) of the Southwest Qusrler (SW 1/4) of
the Southeast Quarter (SE t/4) of said Section 5; TOGETHER WITH the Wesl Ihlrly teal (30) of
the following described parcel:
Commencing el the censer cl said Section 5; thence easterly sloop the Easl-Weal Qusrler
Section line a dislence of 1,293.76 feel to the Northwest corner of the Norlheesl Quarter (NE
;;4) of the Soulheasl Qusrler (SE 1/4) of cald Section 5; (hence South OD depreec 08 30' Wesl
along the West line of the Norlheesl Qusrler (NE 1/4) of the Soulheasl Quarter (SE 1/4) of
Section 5, (Iha Wesl line of the Northeast Qusrler (NE 1/4) of the Soulheael Qusrler (SE 1/1) of
Section S Is acsumed to beer South 00 06' 30' Wesl end all other bearings ere relative
thereto) a distances of 1,343.65 feel to the Soulhweal corner of the Norlheesl Quarter (NE 1/4)
of the Soulheasl Quarter (SE 1/4) of Section 5 end the POINT OF BEGINNING of the herein
described parcel; (hence South 66 degrees 16' 41' Eaet sloop the South Ilne of the southwest
Our.rler (SW 1/4) of the Northeast Qusrler (NE 1/4) of the 6outheast Qusrler (SE t/4) of
Section 5, a dislence of 144.46 feel; (hence North 02 depress 13' 64' Wecl, a distance of
157.46 lest; thence North 68 degrees 16' 41' Weel, a dislence of 737.96 feel; (hence South 00
OB' 30' W est, a dislence of 157.15 feel to the POINT OF BEGINNING.
LESS AND EXCEPTING THEREFROM a parcel of land conveyed to the County of Pelm Beach,
Florida es described in OIIlcial Record Book 6428, Pepe 443, Public Records of Palm Beach
County, Florida.
• Containing in ash 33.42 Acres, more or less.
rer o, our
Exhibit "D"
~~ PERHITTED TITLE ERCEPTIONS
Sc!~eduie B of the policy or policies to be issued will contain exceptions to the following matters
un;css me same are disposed of to the satisfaction of the Company.
• I . Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing
m the public records or attaching subsequent to the effective date hereto but prior to the date
the proposed Insured acquires for value of record the estate or interest or mortgage thereon
covered by this Commitment.
? Standard Exceptions:
a. Right or claims of parties in possession not shown by the public records.
b. Easements, or claims of easements, not shown by the public records.
c. Encroachments, overlaps, boundary line disputes, or other matters which would be
disclosed by an accurate survey and inspection of the premises.
d. Any lien, or right to a lien, Cor service, labor, or material heretofore or hereafter
furnished, imposed by law and not shown by the public records.
e. Taxes or special assessments which are not shown as existing liens by the public
records.
f. Any claim that any portion of said lands are sovereign lands of the State of Florida,
including submerged, filled or artificially exposed lands and lands accreted to such
lands.
g. Taxes and assessments for the year 1996 and subsequent years.
• 3. Standard exceptions (b) and (c) may be removed from the policy when a satisfactory survey
and surveyor's report and inspection of the premises is made.
4. Standard exceptions (a) and (d) may be removed upon receipt of a satisfactory affidavit-
- indemnity from the party shown in title and in possession stating who is in possession of the
lands and whether there are improvements being made at date if commitment or
contemplated to wmmence prior to the date of closing which will not have been paid for in
full prior to the closing.
5. Restrictions, dedications and eazemenu set out on Plat No. 2 Peltn Beach Lake Worth
Estates, recorded in Plat Book 35, Pages 143 and 144. (As to Parcel A)
6. Agreement pertaining to water and sewer service with North Palm Beach Utilities, Inc.,
recorded in Deed Book 1145, page 135, as amended in Official Records Baok 87, page 317,
az partially terminated in Otlicial Records Book 344, page 519 and Official Records Book
350, page 22, and az assigned in Official Records Book 5542, page 1399, and fiuther
assigned to Seacoast Utility Authority in Official Records Book 6002, page 62 and Official
Records Book 6007, page 1275.
7. Restrictions, dedications and easements set out on Village of North Palm Beach Plat No. 1,
recorded in Plat Book 24, Pages 202 to 206, inclusive. (As to Parcels B, C and D)
8. Any real estate taxes which may be due for the year 1995 and prior years with respect to
Parcel D described in Schedule A hereof, az a result of the fact that said Parcel was
incorrectly assessed to the Village of North Palm Beach as a part of the land covered by
Property Control No.68-43-42-]6-02-028-0021.
• 9. Utility Eazement granted to John D. and Catherine T. MacArthur Foundation recorded in
Official Records Book 5880, page 1768, az assigned to Seacoast Utility Authority in Official
Records Book 6002, page 62 and Off cial Records Book 6007, page 1275. (Parcel B)
10. Easement granted to Florida Power & Light Company recorded in Official Records Book
1710, Page 731. (Parcel D)
I I. Eazement granted to Seacoast Utility Authority for ingress end egress purposes as set forth
indeed recorded ir. Official Rrrords Beok torw ..~~. rc~~ io____.