Res 76-04 RESOLUTION NO. 76-04
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, AUTHORIZING THE CITY
TO SELL TO BUYER CERTAIN REAL PROPERTY IN PALM
BEACH COUNTY, FLORIDA, AS DESCRIBED HEREIN,
HEREBY INCORPORATING AND ACCEPTING THE
CONTRACT STATING THE TERMS AND CONDITIONS FOR
THE SALE AND PURCHASE BETWEEN THE BUYER AND
THE CITY OF DELRAY BEACH, FLORIDA.
WHEREAS, the City of Delray Beach, Florida, wishes to sell certain property located just
north of the intersection of Jasmine Drive and Jasmine Court in the Tropic Isle Subdivision; and
WHEREAS, the Buyer hereinafter named desires to buy the property hereinafter described
from the City of Delray Beach, Florida; and
WHEREAS, it is in the best interest of the City of Delray Beach, Florida, to sell said
property.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the City Commission of the City of Delray Beach, Florida, as Seller, hereby
agrees to sell to Gold Coast Homes, Inc., for the purchase price of Nine Thousand Six Hundred
Fifty and 00/100 cents ($9,650.00), said property being more particular described as follows:
Tropic Isle 3,a Section W 6 feet of Lot 426
Section 2. That the terms and conditions contained in the contract for sale and purchase
and addenda thereto between the City of Dekay Beach, Florida, and the Buyer as hereinabove
named are incorporated herein as Exhibit "A".
PASSED AND ADOPTED in regular session on the ~0~day of ~~ ,
2004.
AT-PEST:
Acting City Cle~:k
2 RES. NO. 76-04
CONTRACT FOR SALE AND PURCHASE
CITY OF DELRAY BEACH, a Florida municipal corporation, ("Seller"), and,
GOLD COAST HOMES, INC., 2905 S. Federal Highway, Suite C-$, Delray Beach, Florida
33483 ("Buyer"), hereby agree that the Buyer shall purchase the following real property ("Real
Property") upon the following terms and conditions:
I. DESCRIPTION: See Exhibit "A"
Il. PURCHASE PRICE ................................ US $9,650.00.
m. TIME FOR ACCEPTANCE; EFFECTIVE DATE: If this offer is not executed by
and delivered to all parties OR FACT OF EXECUTION communicated in writing between the
pm-ties, any deposit(s) will, at Buyer's option, be returned to Buyer and the offer withdrawn. The
date of this Contract ("Effective Date") will be the date when the last one of the Buyer and the
Seller has si~ned this offer. A facsimile copy of this Contract and any signatures thereon shall be
considered for all purposes as originals.
IV. TITLE EVIDENCE: Prior to closing, Buyer may, at Buyer's expense, obtain a title
insurance commitment.
V. CLOSING DATE: This transaction shall be closed and the deed and other closing papers
delivered on or before November 1, 2004, unless extended by other provisions of this Contract.
VI. RESTRICTIONS; EASEMENTS; LIMITATIONS: Buyer shall take title subject to:
zoning, restrictions, prohibitions and other requirements imposed by governmental authority;
restrictions and matters appearing on the plat or otherwise common to the subdivision; public
utility easements of record (easements are to be located contiguous to Real Property lines and not
more than 10 feet in width as to the rear or fi-ont lines and 7 ½ feet in width as to the side lines,
unless otherwise specified herein); taxes for year of closing and subsequent years; assumed
mortgages and purchase money mortgages, if any; provided, that there exists at closing no
violation of the foregoing and none of them prevents the use of Real Property for residential
purpose.
VII. TYPEWRITTEN OR HANDWRITTEN PROVISIONS: Typewritten or handwritten
provisions shall control all printed provisions of Contract in conflict with them.
VIII. ASSIGNABILITY: Buyer may not assign Contract.
STANDARDS FOR REAL ESTATE TRANSACTIONS
.... : .... : ....... 0 ................ ~;8" --~'*~'~ '~'~ tc Euyer, an cwner': pclicy cf title/naurance ;- +~' ......... ~
B. Survey: Buyer, at Buyer's expense, within time allowed to deliver evidence of title and to
examine same, may have real property surveyed and certified by a registered Florida surveyor. If survey shows
encroachmem on real prope~n;y or that improvements located on 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.
F. Place of Closing: Closing shall be held in the county where real property is located, at
the office of the attorney or other closing agent designated by Buyer.
G. Time: Time is of the essence of this agreement. Time periods herein of less than six (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.
H. Dec'amen*,: far CIc:':--.;: Se!lc: s?~a!! 5'-.'~:h deed, b'?2 cf :ale, c'..ec?-,~c': lien affi-n--~-;"~t,
I. Expenses: Documentary stamps on the warranty deed and recording corrective
ins~a~uments shall be paid by Buyer. Recording warranty deed shall be paid by Buyer.
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..... ~"' acceptance of them +^ deposit ~em prcmp~y, 1.^1~1 .... ~ ......... ..! ~11~; ...... 1 ....... ..1;.1.. ..... ~$
....................... ao_eeme__. ....................................... ;.. ~
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P. A;reement Not Recordsble; Persons BoundI Notice: Nei~er ~ a~eement no; ~y
notice of it shall be recorded ~ ~y public records. ~s a~eement shall b~d ~d ~e to ~e benefit of ~e paffies
~d ~ek successors ~ ~terest. ~enever ~e context pe~, s~l~ s~ll ~clude pl~al ~d one gender s~ll
include all. Notice given by or to ~e a~omey for any pa~ shall be as effective as if given by or to ~t pa~.
Q. Conveyance: SeH~ s~ll convey ~e pro~ by way of ~t Cla~ Deed.
R. Other A~eement~: No phor or present a~eemen~ or represenmfio~ s~ll be b~g
upon Buyer or Seller ~ess ~cluded ~ ~s Con~act. No modification or cMnge ~ ~s Contact shall be va~d or
b~d~g upon ~e paffies ~ess ~ ~g ~d executed by ~e p~ or p~es ~tended to be bo~d by it.
'~/~ ' ~ .Weff Perlm~, Mayors
~fint or t~e nme)
C~~ ~~ Appr~ed ~ to fora:
~dnt or ~e nme) ~ CiW A~omey
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Exhibit "A"
Tropic Isle 3rd Section W 6 ft. of Lt. 426
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[ITY OF I)ELAI:IY BEfl[H
CITY ATTORNEY'S OFFICE ~°° ~TM^'~'~' ~-'^¥ ~-~"-~'~°""~^-"~
TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755
pE, t o~Y' Bp,.C:H~ Writer's Direct Line: 561/243-7091
al.kmdca City
MEMORANDUM
TO: City Commission
David Harden, City Manager
FROM: Brian Shutt, Assistant City Attorney
SUBJECT: Sale of Vacant Land to Gold Coast Homes and Acceptance of
Easement Deed
Approval of this contract will authorize the sale of an approximately 6' x 73' vacant
strip of property to Gold Coast Homes. This property is adjacent to a lot currently
being developed by Gold Coast Homes. The property is located off of Jasmine
Drive in the Tropic Isle Subdivision. In conjunction with the sale of the property to
Gold Coast, Gold Coast shall give the City a utility easement that will allow the City
to install a drainage pipe from Jasmine Drive to the canal.
Our office requests that these items be placed on the October 19, 2004 City
Commission agenda. Please call if you have any questions.
Attachment
cc: Chevelle Nubin, Acting City Clerk
Randal Krejcarek, City Engineer
RESOLUTION NO. 76-04
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AUTHORIZING THE CITY TO SELL TO
BUYER CERTAIN REAL PROPERTY IN PALM BEACH COUNTY,
FLORIDA, AS DESCRIBED HEREIN, HEREBY INCORPORATING
AND ACCEPTING THE CONTRACT STATING THE TERMS AND
CONDITIONS FOR THE SALE AND PURCHASE BETWEEN THE
BUYER AND THE CITY OF DELRAY BEACH, FLORIDA.
WHEREAS, the City of Delray Beach, Florida, wishes to sell certain property located just
north of the intersection of Jasmine Drive and Jasmine Court in the Tropic Isle Subdivision; and
WHEREAS, the Buyer hereinafter named desires to buy the property hereinafter described
from the City of Delray Beach, Florida; and
WHEREAS, it is in the best interest of the City of Delray Beach, Florida, to sell said
property.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the City Commission of the City of Delray Beach, Florida, as Seller,
hereby agrees to sell to Gold Coast Homes, Inc., for the purchase price of Nine Thousand Six
Hundred Fifty and 00/100 cents ($9,650.00), said property being more particular described as
follows:
Tropic Isle 3rd Section W 6 feet of Lot 426
Section 2. That the terms and conditions contained in the contract for sale and purchase
and addenda thereto between the City of Delray Beach, Florida, and the Buyer as hereinabove
named are incorporated herein as Exhibit "A".
PASSED AND ADOPTED in regular session on the ~ day of ., 2004.
ATTEST: M A Y O R
City Clerk
CONTRACT FOR SALE AND PURCHASE
CITY OF DELRAY BEACH, a Florida municipal corporation, ("Seller"), and,
GOLD COAST HOMES, INC., 2905 S. Federal Highway, Suite C-5, Delray Beach, Florida
33483 ("Buyer"), hereby agree that the Buyer shall purchase the following real property ("Real
Property") upon the following terms and conditions:
I. DESCRIPTION: See Exhibit "A"
II. PURCHASE PRICE ................................ US $9,650.00.
Ill. TIME FOR ACCEPTANCE; EFFECTIVE DATE: If this offer is not executed by
and delivered to all parties OR FACT OF EXECUTION communicated in writing between the
parties, any deposit(s) will, at Buyer's option, be returned to Buyer and the offer withdrawn. The
date of this Contract ("Effective Date") will be the date when the last one of the Buyer and the
Seller has signed this offer. A facsimile copy of this Contract and any signatures thereon shall be
considered for all purposes as originals.
IV. TITLE EVIDENCE: Prior to closing, Buyer may, at Buyer's expense, obtain a title
insurance commitment.
V. CLOSING DATE: This transaction shall be closed and the deed and other closing papers
delivered on or before November 1, 2004, unless extended by other provisions of this Contract.
VI. RESTRICTIONS; EASEMENTS; LIMITATIONS: Buyer shall take title subject to:
zoning, restrictions, prohibitions and other requirements imposed by governmental authority;
restrictions and matters appearing on the plat or otherwise common to the subdivision; public
utility easements of record (easements are to be located contiguous to Real Property lines and not
more than 10 feet in width as to the rear or front lines and 7 ½ feet in width as to the side lines,
unless otherwise specified herein); taxes for year of closing and subsequent years; assumed
mortgages and purchase money mortgages, if any; provided, that there exists at closing no
violation of the foregoing and none of them prevents the use of Real Property for residential
purpose.
VII. TYPEWRITTEN OR HANDWRITTEN PROVISIONS: Typewritten or handwritten
provisions shall control all printed provisions of Contract in conflict with them.
VIII. ASSIGNABILITY: Buyer may not assign Contract.
STANDARDS FOR REAL ESTATE TRANSACTIONS
B. Survey: Buyer, at Buyer's expense, within time allowed to deliver evidence of title and to
examine same, may have real property surveyed and certified by a registered Florida surveyor. If survey shows
encroachmem on real property or that improvements located on 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.
F. Place of Clos~n[: Closing shall be held in the county where rea] property is located, at
the office of the attorney or other closing agent designated by Buyer.
G. Time: Time is of the essence of this agreement. Time periods herein of less than six (6)
days shall in the computation exclude Saturdays, Sundays md state or national legal holidays, and any time period
provided for herein which shall end on Satm'day, Sunday or legal holiday shall extend to 5:00 p.m. of the next
business day.
I. Expenses: Documentary stamps on the warranty deed and recording corrective
imtnm~nts shall be paid by Buyer. Recording warranty deed shall be paid by Buyer.
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-3-
prey=:ru ....... ~ ...... ~ ..................... ; v---; ~- pcmon for ~2sdclR'e~ to Buyer or
P. lgr~mnt Not R~ordable; Persons Bound; Notice: Nei~er ~s a~cement nor ~y
notice of it s~ll be recorded ~ ~y pubic record. ~ a~cement s~ b~d ~d ~c to ~e benefit of ~e p~es
~d ~ek successors m interest. ~enever ~e conte~ pe~, s~ s~ll ~clude pl~al ~d one gender s~ll
include a~. Notice ~ven by or to ~e a~omey for ~y p~ sMll be ~ effective as if~ven by or to ~t p~.
Q. Conveyance: Seller s~ll convey ~e prope~ by way of ~t Cla~ Deed.
R. Other ~r~n~: No prior or presem a~ee~n~ or r~resenmfio~ s~ ~ b~g
upon Buye~ o~ Se~e~ ~ess ~cluded ~ ~ Contact. No mdificafion or c~ge ~ ~s Con, ct s~ll be valid or
b~g upon ~e p~es ~ess ~ ~g ~d execmed by ~e p~ or p~es ~t~ded to be bo~d by it.
B~RS: G~D C~ST HO~S, ~C. SELLER: CITY OF DEL~Y BEACH
B[~~ By: JeffPer~, Mayor
ATTEST:
~-~ o~ ~a ~~r Ci~ Clerk
~dnt or ~e nme)
~t or ~e nme) Ci~ A~omey
-4-
Exhibit "A"
Tropic Isle 3~ Section W 6 ft. of Lt. 426
-5-
Prepared by: RETURN:
R. Brian Shutt, Esq.
City Attorney's Office
200 N.W. 1 st Avenue
Delray Beach, Florida 33444
EASEMENT DEED
TItI$ .INDENTURE, made this ~ day of~'~"~'Ta~"~'e~t~.~0~ by and b_etwe.e~ ~2,
~_.~oj/~ ~o~- ~I=,,,4Z;~ , with a mailing address of
of the first part, and the CITY OF DELRAY BEACFI, with a mailing address of 100 N.W. 1st
Avenue, Delray Beach, Florida 33444, a municipal corporation in Palm Beach County, State of
Florida, party of the second part:
WITNESSETI-I: That the party of the first part, for and in consideration of the mutual
promises herein contained and other good and valuable considerations, does hereby grant,
bargain, sell and release unto the party of the second part, its successors and assigns, a right of
way and perpetual easement for the purpose of the construction and maintenance of public
utilities with full and free right, liberty, and authority to enter upon and to install, operate, and
maintain such utilities well under, across, through and upon, over, under or within the following
described property located in Palm Beach County, Florida, to-wit:
DESCRIPTION
Tropic Isle 3~a Section W. 6.5 ft. of Lt. 426
Concomitant and coextensive with this right is the further right in the party of the second
party, its successors and assigns, of ingress and egress over and on that portion of land described
above, to effect the purposes of the easement, as expressed hereinafter.
That this easement shall be subject only to those easements, restrictions, and reservations
of record. That the party of the first part agrees to provide for the release or subordination of any
and all mortgages or liens encumbering this easement. The party of the first part also agrees to
erect no building or effect any other kind of construction or improvements upon the above-
described property (sidewalks, drives, parking areas, and curbing, however are allowable).
It is understood that upon completion of such construction, all lands disturbed thereby as
a result of such construction performed thereon, will be restored to its original or like condition
without expense to the property owner.
Party of the first part does hereby fully warrant the title to said land and will defend the
same against the lawful claims of all persons whomsoever claimed by, through or under it, that it
has good right and lawful authority to grant the above-described easement and that the same is
unencumbered except as provided above. Where the context of this Easement Deed allows or
permits, the same shall include the successors or assigns of the parties.
IN WITNESS WHEREOF, the parties to this Easement Deed set their hands and seals the
day and year first above written.
WITNESS #1: PARTY OF THE FIRST PART
/ l- '
(name printed or typ¢~,
(name printed or typed)
STATE OF ~"/~v-/'d~
COUNTY OF /o~ ~?e~c~,
~ $~day
~ ~e foregoing ins~¢nt w~ a~wlCdg~ before m~ tMs of
~~ ,20~by ~r~~ ~%~o~ (n~e of officer or ag~t), of
~ld ~4~e3,~c' (n~ of co~oration), a ~lo~ (State or pl~e of
inco~oration) co~oration, on behalf of ~e co~oration. He/~.: ~v---~---,,~~ .... ".,~~.~ ,..~ .~ ..._ or
h~ produced F/. ~ c~. ~g~-q~-~ (~e of idemification) ~ id~tificafion ~
~a~e of No~ Public -
State of ~a~
(SEAL)
[~,~% Joanna II. Weaver
I=' ~"~\ o. Commission # DD2~5
I% February 6, 200~
2
18 I~Y,(~ 11' 2004 ' B°c3 Rab3n/l:)ekay ~ ~ ° w'lx]ca~=ws'c°m
NOTICE IS HEREBY GIVEN that the
Ci[y of Deiray Beach. FIol'id~l
announces ~ inter,on to sell the fol-
Iow~ng real property:
Tropic Isle 3rd ~3eclth~ W B feet of Lot
426
Sut~ct to easements.-restrictlo~s, tim-
ilaaent( and othe~ maxem of record for
the purchase price ot US$9,650.00.
and olter good and valuable consider-
atlco. A t~esolutio~ of the City Com-
missio~ ol the City of Del;ay Beach.
Florida authorizing tie sale of lle p~'op-
e,~ ano on the ~ and conditions
se: forth above, will be considered for
~doptioa by the City Commission at
on'Tuesd,T.~,. October 19 2004.
C~T,' .~c ~F_LRAY BEACH