Res 1065-57 RESOLUTION NO. 106~. .
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF DELRAY BEACH, FLORIDA, PROVIDING THAT THE
GOLF COURSE BE OFFERED FOR SALE; FIXING THE
DATE FOR SUCH SALE AND DIRECTING TEE CLERK
TO ADVERTISE THE SAME; AND PROVIDING THE
TERMS AND CONDITIONS UPON WHICH SAID PHOPERTY
WILL BE 0FFEHAI) FOR SALE.
WHEHEAS, heretofore, the City Council has determined and
resolved to offer the goll' course owned by the City of Delray
Beach, Florida, i'or sale in order to obtain additional revenues
to provide for the many needs or the municipality.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF DELRAY BEACN, FLOHIDA:
1. That all that certain property as shown on "Survey of
Boundary: Municipal Golf COurse for Delray Beach, Florida," pre-
pared by E. Elliott Gross & Associates, dated July 5, 19~7, Order
No. ~60476-D, a copy of which is on file in the o~'ice oX' the
City Manager o~' Delray Beach, Florida, including Lots 1 to 23,
inclusive, GOLFVIEW ESTATES, according to the plat thereof on
file ih the or,ice of the Clerk of the Circuit Court in and for
Palm Beach County, Florida; together with the buildings and
improvements thereon and thereto; shall be ofA'ered l'or sale in
accordance with the requirements of the City Charter ant the
further terms of this Resolution.
2. The property above-described shall be o~'fered rot sale
at public auction at the city hall in the City cz Delray Beach,
Florida, on . S~ptember 2~rd , 19~, and shall be conducted
by the City Clerk who shall give no~mce thereox' by advertisement
in a newspaper of general circulation publishes in t~e City of
Delray Beach, Florida, which notice shall be published once a week
for two consecutive weeks prior to said saAe, and shall contain
and set forth the terms herein specified and the base bid.
3. A base bid of a minimum of three-quarters of the city,s
assessed valuation on the above described property shall be de-
posited with the City Clerk by any proposed purchaser or bidder.
Such deposit may be in the form of cashier's or certified check
payable to the City of Delray Beach.
4. The property above-described shall be offered for sale
for ~cash, with intentions to award to the highest bidder; however,
the ~City reserves the right to reject any and all bids.
5. The following general conditions shall be applicable to
the proposed sale:
(a) The property will be offered free and clear of liens,
claims and encumbrances, subject however to rights of
ways, restrictions, and easements of record, and such
other matters as a visual inspection of the property
would disclose.
(b) Neither abstract nor title insurance will be provided.
However, any bid which may be accepted by the City
Council, the successful bidder shall have 60 days
after such acceptance to determine the state of the
title, and if there is any defect making title un-
insurable, the bidder may at his option withdraw
the offer.
(c) The conveyance shall be by fee simple deed and bill
of sale, executed in accordance with law and the
requirements of City Charter. The deed shall con-
tain the following clause:
~It is distinctly uhderstood and agreed that the
above property will be used by the grantee herein
as a golf course and recreation area for a term of
twenty-five (25) years from the date ~ereof; however,
nothing herein contained shall mean that such grantee
may not prescribe such rules and regulations as he
may deem necessary and proper in the operation of a
private golf course for non-public purposes. Provided
further, however, and this conveyance is made subject
to and upon the express condition that should the
grantee cease to use the foregoing land for golf
course and recreational purposes within 25 years from
the date hereof, then in that event the title to said
property shall revert to and vest in the City of
Delray Beach, Florida, and its successors and assigns."
(d) The City of Delray Beach, Florida is responsible for
paid-up memberships not expired, and will refund to
all such members the pro-rata portion of such member-
ships. The sale will be subject to all "Life Memberships"
which purchasher shall honor.
(e) The above-described property will be offered for sale
~as is", and persons desiring to make bids upon such
property shall inspect the buildings and grounds, and
thoroughly investigate and inform themselves of the
property involved and its condition.
(f) Any successful bidder, whose bid has been approved by
the City Council, shall arrange details of closing
with the City Attorney. The successful bidder shall
furnish check in current fuhds for balance and clos-
ing costs.
(g)Possession shall be delivered to the successful
bidder five days after closing.
6. The City Council shall meet on September 23 .. .1957
after such public auction is held to con'ider the ~i~s S'ubmltted,
and to hear objections, if any, as to the sale to the highest bidder.
The City may require a statement of the financial resources of any
bidder whose bid is then to be considered to meet the terms of the
proposed sale.
PASSED AND ADOPTED in Regular Session this 12thday of ~ugust~
, 1957.
A~ d Mayor
First Reading