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03-23-95 Special ., -- ~ CITY OF DELRAY BEACH. FLORIDA - CITY COMMISSION SPECIAL MEETING - MARCH 23. 1995 - 5:15 P.M. CITY MANAGER'S CONFERENCE ROOM ***************************************************************** The City will furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits of a service, program or activity conducted by the City. Please contact Doug Randolph at 407/243-7127 (voice) or 243-7199 ( TDD) , 24 hours prior to the program or activity in order for the City to reasonably accommodate your request. Adaptive listening devices are available for meetings in the Commission Chambers. ***************************************************************** AGENDA Pursuant to Section 3.07 of the Charter of the City of Delray Beach, Florida, Mayor Thomas E. Lynch has instructed me to advise you of a Special Meeting of the City Commission to be held on THURSDAY, MARCH 23, 1995, at 5:15 p.m. in the City Manager's Conference Room. The meeting has been called for the following purpose: (1) Consider purchase of the McGraw building at 306 N.E. 2nd Street for the Crossroads Club. ~~&:r:.llaZv Alison MacGrego Harty City Clerk ----------------------------------------------------------------- ----------------------------------------------------------------- Please be advised that if a person decides to appeal any decision made by the City Commission with respect to any matter considered at this meeting, such person will need a record of these proceedings and may need to ensure that a verbatim record includes the testimony and evidence upon which the appeal is to be based. The City does not provide nor prepare such record. , , .. " -.--.- ---.. p'". - ___n_. _.___.._._. 0-_-'. __ ---.,_-', .. -~- ".,-- ~ .' ..... .'" .".. . .-- -.----.,....--...--..-..-- -. - .-. ----- .-_. . ------, r . , , . ,.....--...", / ~;. , .., , [ITY DF DELRAY BEA[H i ; -- -_....-.~_.'. CITY AnORNEY'S OFFICE 200 NW 1st AVENUE . DELRAY BEACH, FLORIDA 33444 FACSIMILE 407/278·4755 Writer's Direct Line: (407) 243-7091 DELRAY BEACH , , 0 . I D A ..... AlI-Arnerica City MEMORANDUM " II J! DATE: March 23, 1995 1993 TO: City Commission r / FROM: Susan A. Ruby, City Attorney SUBJECT: McGraw Property Attached please find a Letter of Intent to Purchase the McGraw property located at 306 Northeast Second Street, Delray Beach, Florida. Also attached please find a letter from CRC Recovery Foundation, Inc. for your consideration. SAR:ci Attachment @ Printed on Recycled Paper .' . -,~- ~ -.. -_.~-------_.--- - .~- .-.._-. --.. ..~. . . . Prepared by: RETURN: Susan A. Ruby, Esq., City Attorney's Office 200 N.W. lstAvenue Delray Beach, FL 33444 LETTER OF INTENT TO PURCHASE REAL PROPERTY This letter of Intent to Purchase Real Property is given this day of , 1995 to Donald C. McGraw Jr. (the Owner) for ,real property located at 306 Northeast Second Street, Delray Beach, Florida, as more particularly described below, by the City of Delray Beach, Florida, a Florida municipal corporation (the City). WITNESSETH NOW, THEREFORE, for the mutual promises, covenants, and other good and valuable consideration contained herein, the parties hereto agree as follows: Section 1. The City hereby tenders this its Letter of Intent to Purchase Real Property and all buildings and appurtenances thereon (the property) which is legally described . as follows: See Exhibit A. Section 2. That from the date set forth above until 12:00 p.m. December 31, 1995, the City has an exclusive right to purchase the property; provided, a contract for sale and purchase has been entered into by the parties on or before April 30, 1995. Section 3. The City and the Owner shall use due diligence and negotiate in good faith a contract for the sale and purchase, which in addition to the terms set forth herein shall contain additional terms and conditions for the sale and purchase of the property. Section 4. The City shall pay two hundred and eighty thousand dollars ($280,000) for the property at closing. The closing shall occur on or before December 31, 1995. Section 5. The City .hereby tenders one thousand dollars ($1,000), payable to the owner in consideration for this Letter of Intent. The $1,000 dollar payment shall be deducted from the purchase price upon closing. If the closing does not occur or the contract for sale and purchase is not executed within the time set forth herein due to no fault of the City, the owner shall refund to the City, the $1,000 dollars tender. If the contract for sale and purchase is not executed, or the closing does not occur within the time set forth herein, due to the fault of the City, the Owner shall retain the $1,000 tendered herein. ., - ~ -__-0 _ -----~"'. . . . Section 6. All rights of the City hereunder are assignable, but notice of any assignment, and of each subsequent assignment or nomination to take title shall be given in writing to the owner. Witnesseth this day of , 1995. CITY OF DELRA Y BEACH, FLORIDA By: Mayor ATTEST: City Clerk Approved as to form and legal sufficiency: ' City Attorney WITNESSES: OWNER: Donald C. McGraw, Jr. (name printed or typed) (name printed or typed) .' .' .- ., - "- ...-..--....,-- --- . . . STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of , by (name of perso~ acknowledged), who is personally known to me or has produced (type of identification) as identification and who did (did not) take an oath. Signature of Person Taking Acknowledgment Name of Acknowledger Typed, Printed or Stamped . ..~',- ., . .,~ ,. --_._~._------ . . . . , EXlßBIT "A" The North 100 feet of Block 91. lying East of Florida East Coast Railway Company right-of- way in the City of Delray Beach (formerly Linton). Florida. according to the Plat thereof recorded in the Office of the Clerk of the Circuit Court in and for Palm Beach County. Florida. in Plat Book 1. at Page 3. which is the same property as shown on the· Plat of the resudivision of Blocks 91 and 92. and the West Half of Block 99. Town of Linton, Dade County, Florida. tiled May 9, 1912, and recorded in Plat Book 2. page 21, Palm Beach County. Florida, records. shown as being situate on the northerly side of the resubdivision of Block 91, being an area 100 feet from the north to south on the east, running west of the Florida East Coast Railway Company right-of-way. and designated "not included" and being the property in part conveyed by Calvin W. Garner and Eulalie M. Garner. his wife. to L.C. Vaughn, by deed dated Apri126, 1954. recorded in the Public Records of Palm Beach County, Florida, in Deed Book 1054. at page 452. ,. . THE CRC RECOVERY FOUNDATION, INC. 241 N.E. 2nd Avenue · Delray Beach, Florida 33444 · (407) 278-8004 Mr. David Harden, City Manager, March 22, 1995 OFFICERS and DIRECTORS The City of De1ray Beach 100 NW First Avenue Mr. Lawrence C. Eaton Delray Beach, FL 33444 President Mr. Clark F, MacKenzie Vice President Mr. Michael W, Tiernan Dear Dave, Secretary Mr. Stephen R, Swank It was a pleasure and an education in citizen involve- Treasurer Mr. Tony Allerton ment and participation to sit in on the City Council meeting last night at City Hall. Mrs. Huffman and I Mr. David Armstrong both came away well impressed by the Council and its Mrs, George T. Francis, Jr, performance of its duites. Mr. Horace M, Huffman, Jr. Mrs, Laban Jackson With regard to the latest Crossroad Club building pro- Mr. Heath Larry posal we recently made to the Mayor dnd the provisions in that letter to him, and after listening to the SPONSORS ADVISORY BOARD Council's con versations among themselves, we herewith present our re vised proposal which we intend to meet Mrs, Laban Jackson the concerns of all five members of the Council. Chairman Mr. & Mrs, Quentin Alexander 1) We propose that the city of Delray Beach enter into a Mr. Donald Allmon purchase contract with Don McGraw to acquire the build- Mr. & Mrs, Charles M, Beeghly ing for $280,000 in 5 equal principal payments of Mr. & Mrs, William Connelly $56,000 plus interest at the prime rate payable each Mr. & Mrs, Walter Driskill year on the unpaid balance. (We understand that the Mr. & Mrs, Pete Dye Mayor discussed the interest payments with Mr. McGraw Mr. & Mrs. p, B, Dye in his initial ne gotiations with him and indicated Mrs, Jane Eberts that such interest pay ments could be absorbed by the Mr. & Mrs, Raymond F, Evans Ci ty. ) Mr. & Mrs. William H, Evans Mr. & Mrs, William E, Fay 2) The City will pay Mr. McGraw for the first 2 years of the purchase contract, 1995 and 1996, with interest ap- Mr. & Mrs, William S, Farish III plicable on the unpaid balances. Mr, & Mrs. Albert A, Garthwaite, Jr, Mr. Charles Greathouse 3) During 1995 and 1996 the CRC Recovery Foundation will Mr. Horace M. Huffman. Jr, invest $60,000 in 1995 and $40,000 in 1996 in Mr, & Mrs. John H, McConnell rehabilitat ing the building to make it usable by the Mr. & Mrs, Donald C. McGraw, Jr. Crossroads Club, including installing an elevator as Mr. & Mrs. William E. Merritt required by the code. Mr. & Mrs, Bernard H. Ridder Mr. & Mrs, Christopher R. p, Rodgers 4 ) During the years 1997-8 & 9, the City will continue Mr. & Mrs, Robert Schumann to make payments to Mr. McGraw of $56,000 plus the ac- Mr. & Mrs, Macrae Sykes crued interest due on the unpaid balances. During those Mr. & Mrs, Henry S. Taylor same three years, the CRC Recovery Foundation will pay Mrs. George B. Turner the City $56,000 annually to compenaate the City for its principal cost pay ments to Mr. McGraw. Mr, & Mrs, William L Wallace .' , THE CRC RECOVERY FOUNDATION, INC. 241 N.E. 2nd Avenue · Delray Beach, Florida 33444 · (407) 278-8004 OFFICERS and DIRECTORS Mr, Lawrence C, Eaton 5) Then, in 2000 and 2001 CRC Foundation President Recovery Mr. Clark F, MacKenzie will repay the City the $112,000 it will have paid Vice President Mr. McGraw in 1995 and 1996 thereby reducing the Mr. Michael W. Tiernan City's investment in the project to the interest Secretary charges it will have paid Mr. McGraw during the 5 years Mr, Stephen R, Swank 1995-1999. Treasurer Mr, Tony Allerton 6 ) We are aiming for occupancy of the McGraw Building no Mr. David Armstrong later than January 1, 1996 and to do so we need to have Mrs, George T. Francis, Jr, the rest of this year to complete the purchase contract, Mr, Horace M, Huffman, Jr. revise the floor plans, and install partitions, toilets Mrs, Laban Jackson and washroom facilities etc. This is a rather tall or- Mr. Heath Larry der, but to do so we must have a clear purchase con- tract the City and Mr. McGraw and another between CRC SPONSORS AOVISORY BOARO Recovery Foundation and the City covering the above committments before we can proceed with the rehab Mrs, Laban Jackson work. Chairman Mr. & Mrs, Quentin Alexander 7) The elevator installation will be done by the end of Mr. Donald Allmon 1996. However, we will want to be given a waiver to use Mr, & Mrs, Charles M, Beeghly the upstairs space in 1996 pending the elevator's in- Mr, & Mrs, William Connelly stallation by January 1, 1997. Mr, & Mrs, Walter Driskill Mr, & Mrs, Pete Dye Mr, Mc Graw has given the City 48 hours - until Friday Mr, & Mrs, P. B, Dye afternoon, March 24th to have on his desk the City's Mrs, Jane Eberts proposal to purchase the building. It is essential that Mr, & Mrs, Raymond F, Evans such a document be hand delivered to him by Friday af- Mr. & Mrs, William H. Evans ternoon and I offer my services to do that delivery. He Mr, & Mrs, William E, Fay will meet us at his office at a time to be prear- ranged with him and convenient for you. Mr. & Mrs, William S. Farish III Mr. & Mrs, Albert A. Garthwaite, Jr, Please call me at 272-8695 with any questions you may Mr. Charles Greathouse have. Thanks for your interest and your willingness to Mr, Horace M, Huffman, Jr, expedite this project on such short notice. Mr. & Mrs, John H, McConnell Mr. & Mrs, Donald C. McGraw, Jr. Mr. & Mrs. William E. Merritt Sincerely, Mr. & Mrs. Bernard H, Ridder HuL~ ~~ Mr, & Mrs, Christopher R, P. Rodgers Mr, & Mrs. Robert Schumann Mr. & Mrs, Macrae Sykes H ace M. Lawren C. Eaton Mr. & Mrs, Henry S. Taylor Mrs, George B, Turner Mr, & Mrs, William L. Wallace . ,