HomeMy WebLinkAbout1999-24240
PURCHASE AGREEMENT
This agreement, made as of the 1st day of September 1999, by and between Paper Stock
Dealers, Inc., 1417 Atlanta Avenue, Orlando, Florida, hereinafter called "Buyer" and
Indian River County Solid Waste Disposal District, 1325 SW 74th Avenue, Vero Beach,
Florida, hereinafter called the "Seller."
Buyer desires to purchase from tate Seller, and the Seller desires to sell to Buyer recyclable
materials hereinafter called "corrugated cardboard."
IT IS AGREED AS FOLLOWS;
1. Quantity - The Seller agrees to sell to Buyer and Buyer agrees to purchase from the
Seller all corrugated cardboard of the quality hereinafter specified, generated by the Seller.
A ton %*rill consist of 2,000 pounds.
2. Quality - The corrugated cardboard shall meet specifications for clean waste corrugated
cardboard boxes of Grade PS 93 #11: this Grade consists of baled corrugated cardboard
containers having liners of either test liner, jute or kraft. Total outthrows (other paper
categories) may not exceed 5%.
3. Term - the term of this agreement shall be for a period of 1 year from the date of the
signature of the SWDD board chairman.
4. Price - the price to be paid by the Buyer per ton of corrugated cardboard shall be the
sum of the following components:
a. Price shall be per ton picked up by the Buyer, at the Buyer's expense with the
Buyer's vehicles, at the Seller's above specified location.
b. Price for corrugated cardboard (f.o.b. Seller's dock for Grade 11 Corrugated)
sold hereinunder shall be the High Yellow, second weekly edition of the month of the
Official Board Market (Yellow Sheet), Southeastern market price for medium density bales
(appruxititaiciy 1,000 puwiiis) per iraiier ivad.
c. Payment shall be made to the Seller no later than the 26th day of every month
for the corrugated cardboard purchased for the preceding month.
d. Payment will be based on weights shown in the Seller's weight tickets generated
by its scales. Copies of said weight tickets shall be submitted with the monthly check.
In the event any of all corrugated cardboard ceases to have a market for a period of 30
days, the Buyer will have the option of disposing of said recyclable at its own expense, and
MUST inform the Seller thereof.
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5. Insurance - The Seller and Buyer shall maintain all workman's compensation insurance
required under all applicable workman's compensation acts. The Seller is protected
through 768.28, Florida Statutes, as a self-insured public entity. Prior to any transactions
relating to this agreement being initiated, Buyer shall be required to show proof of
insurance coverage to satisfaction of the Seller as described under terms of the Indian River
County Administrative Policy Manual No. AM -1000.6:
Insurance Requirements
a. Worker's Compensation - to meet statutory limits incompliance with the
Workers' Compensation Law of Florida: This policy must include employers liability with
a limit of $100,000 for each accident, $500,000 policy limit for disease, and $100,000
disease limit for each employee.
b. Commercial General Liability - coverage shall provide minimum limits of
liability of $1 million per occurrence Combined Single Limit for Bodily Injury and
Property Damage. 1 l is shall include coverage for: premises and operations; products and
completed operations; contractual liability; and independent contractors.
c. Business Auto Liability - coverage shall provide minimum limits of
liability of $1 million per occurrence Combined Single Limit for Bodily Injury and
Property damage. This shall include coverage for owned autos, hired auto and non -owned
autos. Termination of insurance shall be grounds for immediate cancellation of the
contract.
6. Assignment and delegation - No right under this agreement shall be assigned and no
duties imposed by this agreement shall be delegated by either party without prior written
approval of the other party.
7. Notices - Any notices required to be given hereunder or which either party may desire to
give to the other, except as otherwise specified, shall be in writing to the addresses
specified above. Such notice may be given by mailing the same by U.S. Mao postage paid.
8. General Conditions:
a. 1 io waiver or any breach of the covenants, agreements, obligations or conditions
of this agreement, to be kept or performed by either party hereto, shall be construed to be a
waiver of any succeeding breach of the same or any other covenant agreement, obligation,
condition or provision hereof.
b. The Seller reserves the right to terminate the contract with 30 days' notice. The
Seller shall not be responsible for the payment of any commissions in relation to the subject
matter of this agreement.
c. This agreement shall be construed according to the laws of Florida.
d. Neither party shall be responsible for any resulting loss if the fulfillment of any terms of
this agreement is delayed or prevented by revolutions, insurrections, riots, wars, acts of
enemies, national emergency, strikes, floods, fires, acts of God or by any other cause not
within the control of the party whose performance is interfered with, which by the exercise
of responsible diligence such party is unable to prevent, whether of the class of causes
listed above or not.
IN WITNESS WHEREOF, DISTRICT AND CONTRACTOR have entered into this
agreement on the date first written above.
Attest:
etc* DEPUTY-CLER
INDIAN RIVER COUNTY FLORIDA
SOLID WASTE DISPOSAr DISTRICT
By -tit-y'2'G, 2
WDD Chairman, Kenneth R. �Mcht
BCC Approved September 21,1999
PAPER STOCK DEALERS, INC.
Authorized Representative
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d. Neither party shall be responsible for any resulting loss if the fulfillment of any terms of
this agreement is delayed or prevented by revolutions, insurrections, riots, wars, acts of
enemies, national emergency, strikes, floods, fires, acts of God or by any other cause not
within the control of the party whose performance is interfered with, which by the exercise
of responsible diligence such party is unable to prevent, whether of the class of causes
listed above or not.
IN WITNESS WHEREOF, DISTRICT AND CONTRACTOR have entered into this
agreement on the date first written above.
Attest:
etc* DEPUTY-CLER
INDIAN RIVER COUNTY FLORIDA
SOLID WASTE DISPOSAr DISTRICT
By -tit-y'2'G, 2
WDD Chairman, Kenneth R. �Mcht
BCC Approved September 21,1999
PAPER STOCK DEALERS, INC.
Authorized Representative
db
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CONTRACT FOR SALE AND PURCHASE
F► ORIDA ASSOCIATION OI' REALTORS AND Till: FI A)RIDA BAR
PARTIES: .---...B1lslnr_RaY ROUntr44. Jr, - ("Seller")
___�5f6_laL�tss+t__SN._Vero A4a9h._lloridet 32968 gip'""`) (Sbl) 549-2040.
and �.Yth8t�te of riorida-- - -8""0-_
,000.
of _A&Y4r9&s&ch.ll9sia 32961-. (n
.h )d
ia
hereby �IAall buy
nfiallov%ingReal Property and Personal
esie posl
condtionwhidnNCLUDEStandard for Real drrattachedhereladrideraneddendstots
Contract for Sale and Purdmase ("Contract").
DFSCRIPT10N: Florida:
County, (a) Legal description ofReal Propedylo(sted m _Addict 1AiY,r--.- __. --
(b)Stredaddroas,cityrgr-ofthePropettyis:
,... _u s.... -A vassal Ne. 203. 00!►tiiII�flQ�2.a-i�.Q-EII��''�--��5'--e--�-"'-�i��
IatertdA dilth on fhc ontInUS to south side of Oslo Road (will bei provided. -;'- �(/d s t nO l� �"` �7 -
L PURCHASEPRICL+ '%1F` . t�UrfK ..l[Gt k4 �Q4T/Cln�r . rR..F+11J!`Qc7�ltfll i .rl f/�rtl�t Ni/� S `q O.W
PAYMENT: O� AV -411' p2 m the amount of ........................ S _
(a) Deposit held n escrow by _ 0 -
- - ------
(b) Additional escrow depositwilhin_day.a fterVffediveDate(asdefinedinPuagraphlll)intheamountof.............. S` —_
(c) Subjed to AND asaumption of mortgege in good standingin favor of-----
having
f_having an apprommatepresedprincipalbalance of .......................
(d)Purinesemoneymmrtgageandnote(seeaddendum) inthe amount of..............................................................................
(a) Other: - ---
(t) Balance to dose by U.S. ea (n, LOCALLY DRAWN eetnfied or cashier's dnedcor th ud{n arty loan, subjedto adjustments S 90.OQ -
and prorations...................................................................................................................................
� MOC
III f FORAOCEPfANCEOPOFFFR;EFFE(TIVEDATEFAGSIhIILP:IfthisofferisnotexecutedbyanddeliveredtoallpartiestSRFACI'OF
ETyCUTIONcommunicatedmwritmgbetweenthe parties onorbefore — 15 riasi—•the deposit(s)will,at Buyer's option,berdumedtoBuy
erand this offer withdrawn. The date ofContrad("E(fectiveDate") mill bethe date when the last one oftheBuyer and Seller bassignedthis offer. A facsimile
ceovofthisContradand anysignatureshereonshall beconsidered for all purposesasoriginats. ,Q/rier�vuy�yfii/a/QPP/'bdO'/
PleawNoir t This 6w,f"acf 4r Sub,item !o IHdarr
TV. FINANCING:
(a)Ifthepurdmaseprimoranypartofilistobefnancedbyath'vd-parlyloan,thisContractisconditionedonBuyerobtainingawritten oamnitmentw�thm
da after Effective Date for (CHECK ONLY ONE): ❑ a fixed; ❑ au adjustable; or ❑ a fixed or adjustable rate loan for the principal
amount ofS , at an initial interest rate not to exceed -
_ °o, discount and origination feesnottoexceed
% of the principal amoun4 artd a term of years. Buyer will make application within days after Effective Date and use
reasonable diligence to obtain theloan commitment and,thereafler,to salisfythetermsand cenditionsofthe&;n tment and dose the loan. Buyer shall
pay all loan expenses. If Buyer fails to obtain theeomn tmentorfeilalowaive Buyer's rights under this subparagraph withinthe timefarobtaininga
commitment or, after diligent effort, fails to need the terms and conditions ofthe co mtitment,then eitherpany thereafter, by written notice to the
other, maycancel thisContrad and Buyer shallbe refunded thedeposit(s); or
(b) Time e;d;w,g mortgage described in Paragraph 11(c) abovebas(CHECKONLY ONE): [j a variable interest rate; or ❑ a fixed interest rate of
_%perannum.Attimeoftilletransfersome6xedinterestratesaresubjectloincrease.Ifincreased,therateshallnotexceed__ oper annum.
Sellershall,w(thin days after ER'ediveDate, ibmishastatement from each mortgagee stating principal balance, nx4hodofpayment•interest rate
and status of mortgage. If Buyer has agreedto assume amortgagevvbidn requires approval of Buyer by the mortgagee
for assumption, then Buyer shall
promptly obtain the necessary application and diligently complete and return it to the mortgagee.
Any mottgftgx
dmarg (s) not to exceed S shall be paid by Mayer. IfBuyer is not accepted by mortgagee or the requirements for
assumption are not in accordance with the terra ofthis Contract or m P mygagee makes a charge in excess ofthe stated amount, Seller or Buyer may rescan
this Contradbywrittennotice totheotherpartyunlemeithereledsto a the increase in interest rate or excess mortgage charges.
V. TITLEEVIDENCE: At least days before dosingdale,but noearlier than days after Seller receives written notification that Buyer
has obtained the loan commitment or beat approved for the loan assumption as provided in Paragraphs IV(a) and (b), above, or, ifapplicable, waived the fin an-
cingrequiremants,(CHECK ONLY ONE): [] �S�eller shall, atSeller's expense, deliver toBuyer orBuyer's attorney,or>( Buyer shall atBuyeesexpenseob[aum.
in accordance with Standard A,,(¢jlfjC'>f;/>s)VffofIl: N abstract oftitle; or X title insurance tnrmnitmenl (with legible copies of instruments listed as
exceptions)and, after dosing an owneespolicy ofthic insurance.
gp P O= befOL4-60 da v� unless modified
by CLOSING DAT this, s transaction trac- shall be dosed and the deed and other dosis a ers delivered o� "Effective BffW' (See III )
bvotherprovisions oftlais Contract-
VII. RESTRICTIONS;EASEMENTS;LIMITATIONS: Buyer shall take title subject to: comprehensive land use plans, zoning, restrictions. prohibitions
and other requirements imposed bygovennmentalauthority,restridionsand matters appearing on theplal or otherwise mmmontothe subdivision; public
t Real Proert lines and not more than 10fedinwidthastotherearorfrontlinnesand
utility easements of record (easements are to be located conLgwus o p y - - mey
7 1/2 fed in width asto the side lines, adessothemisesfaled hetcin):taxes for year of of the
mortgages, if any, (ifothermatters, see Paragraph XV); provided, thalthere exists at a ds)
Property for------s9�d_"ghtc_of -- -_- _- -
VDI.00I-,UPANCY-. Seller warrants that there are no parties in Occupancy othertl Indian RiverCnunty Approved Oale _ :yond
dosing the fad and terms thereof shall be stated herein and thetenant(s)or oompa ge
7 lie of
property at time ofdosmgunlessotherwise statedherein.lfowupancyistobedelive I ldmina:.�.:atann_ _ imeof
occupancy, shall be responsible and liable for main m from that date, and shall
taking occupancy unless otherwise slated herein. S cacli;r!
-- -
" 1 t
Di. TyPEWRTPI'ENORHANDWRITTENPROVISIONS:Typewritlenorhandwt I 1 k�; ions
ofthisContradmmnflidwiththem-
X. RIDERS:(CHECK those riders vvhidiare applicable AND arc attached tothis(
(a) ❑ COASTAL CONSTRUCTIONCONTROLLINE (e) ❑--------_.-:_..- - C,
(b) ❑ CONDOMINIUM (n ❑ pual I're�c t • R.
(c) E FOREIGN INVESTMENT IN REAL PROPERTY TAX ACT (g)
q1 ti*I
(d) ❑ VAlFHA (h) [_1
--
FAR/BAR4Revised 12195 (C) 1994, Florida Aawciation offteahors(R) P.O. Box77
of 3
This form is licensed for use by lSO•McAllister Publishing 101.3466.155