Res 54-00RESOLUTION NO. 54-00
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AUTHORIZING THE CITY TO
PURCHASE FROM SFJJ.F.R CERTAIN ~ PROPERTY 1N 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 SRI.I.ER AND THE CITY OF DFJ.RAY BEACH,
FLORIDA.
WHEREAS, the City of Delray Beach, Florida, wishes to acquire certain property located at
2350 Jaeger Drive to provide for tennis courts; and
WHEREAS, the Seller hereinafter named desires to sell the property hereinafter described to
the City of Delray Beach, Florida; and
WHEREAS, it is in the best interest of the City of Delray Beach, Florida, to purchase said
property for the purpose described above.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DFJ.RAY BEACH, FLORIDA, AS FOIJ .OWS:
Section 1. That the City Commission of the City of Delray Beach, Florida, as Buyer, hereby
agrees to purchase from Delray Beach International Tennis Resort, Ltd., as Seller, land to provide for tennis
courts, for the purchase price of Five Hundred Seventy-Five Thousand and 00/100 Dollars ($575,000.00),
and other good and valuable consideration; said property being more particularly described as follows:
See Exhibit "A"
Section 2, That the costs of closing and transactions, title insurance, document preparation
and attorney's fees shall be borne by the City of Delray Beach, Florida.
Se. ction 3. 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 Seller as hereinabove named are
incorporated herein as Exhibit "B".
PASSED AND ADOPTED in regular session on this the 25~' day of July, 2000.
MAYOR
.ST:
City Cler~ ' - !
CONTRACT FOR SALE AND PURCHASE
DELRAY BEACH INTERNATIONAL TENNIS RESORT, LTD., ("Seller"), and
CITY OF DELRAY BEACH, a Florida municipal corporation, ("Buyer"), hereby agree that the
Buyer shall buy the following real property ("Real Property") upon the following terms and
conditions:
I. DESCRIPTION: See Exhibit "A"
H. PURCHASE PRICE: $575,000.00 for property described in Exhibit "A"; and free tennis
memberships to the facilities described in Exhibit "A" and the City's Tennis Center for a period
of seven years from the date of closing for all owners and renters of the St. Tropez Apartments,
not to exceed a maximum of 20 family memberships per annum; and 20 free golf passes, not to
exceed 25 rounds of golf per pass, at the Delray Beach Public Golf Course with golf cart and
green fee privileges for a period of seven years from the date of closing. For purposes of this
Contract, such memberships and passes are valued at $75,000.00.
III. 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
on or before August 4, 2000, the offer will, at Seller's option, be 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.
IV. TITLE EVIDENCE: At least 10 days before closing date, Buyer shall obtain a title
insurance commitment at its own expense.
V. CLOSING DATE: This transaction shall be closed and the deed and other closing papers
delivered on or before September 5, 2000, unless extended by other provisions of Contract or by
mutual consem of the parties. This closing is contingent upon the simultaneous closing of that
certain Contract for Sale and Purchase between the City of Delray Beach and the Delray
Racquet Club Association as incorporated herein by reference (the "Racquet Club
Contract"). If the Delray Racquet Club fails to close on the Racquet Club Contract by
September 5, 2000, the City shall have the right at its election to: (i) terminate this Contract;
(ii) waive this contingency, or (iii) postpone this dosing and contingency for up to thirty (30)
days. The City shall provide written notice of its election to Seller no later than 5:00 P.M.
on September 5, 2000, to close on this contract between the City and the Delray Beach
International Tennis Resort.
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 comiguous to Real Property lines and not
more than 10 feet in width as to the rear or front lines and 7 1/~ feet in width as to the side lines,
unless otherwise specified herein); taxes for year of closing and subsequent years; provided, that
there exists at closing no violation of the foregoing and none of them prevents the use of Real
Property for municipal public services, public tennis facilities and Community Facility purposes
as defined by the City of Delray Beach Land Development Regulations.
VII. OCCUPANCY: Seller warrants that there are no parties in occupancy other than Seller,
but if Property is intended to be rented or occupied beyond closing, the fact and terms thereof
shall be stated herein, and the tenant(s) or occupants disclosed pursuant to Standard D. Seller
agrees to deliver occupancy of Property at time of closing unless otherwise stated herein. If
occupancy is to be delivered before closing, Buyer assumes all risk of loss to Property from date
of occupancy, shall be responsible and liable for maintenance from that date, and shall be deemed
to have accepted Property in their existing condition as of time of taking occupancy unless
otherwise stated herein or in a separate writing.
VIII. TYPEWRITTEN OR HANDWRITTEN PROVISIONS: Typewritten or handwritten
provisions shall control all printed provisions of Contract in conflict with them.
IX. ASSIGNABILITY: Buyer may not assign Contract.
STANDARDS FOR REAL ESTATE TRANSACTIONS
A. Evidence of Title: A title insurance commitment issued by a Florida licensed title insurer
agreeing to issue to Buyer, upon recording of the deed to Buyer, an owner's policy of tire insurance in the mount
of the purchase price, insuring Buyer's title to real property, subject only to liens, encumbrances, exceptions or
qualification set forth in this agreement and those which shall be discharged by Seller at or before closing. Seller shall
convey a marketable title subject only to liens, encumbrances, exceptions or qualifications set forth in this agreement
and those which shall be discharged by Seller at or before closing. Marketable title shall be determined according
to applicable title standards adopted by authority of The Florida Bar and in accordance with law. If title is found
defective, Buyer shall notify Seller in writing specifying defect(s). If the defect(s) render title unmarketable, Seller
will have one hundred twenty (120) days from receipt of notice within which to remove the defect(s), failing which
Buyer shall have the option of either accepting the title as it then is or demanding a refund of deposit(s) paid which
shall immediately be returned to Buyer; thereupon Buyer and Seller shall release one another of all further obligations
under the agreement. Seller will, if title is found unmarketable, use diligent effort to correct defect(s) in title within
the time provided therefor, including the bringing of necessary suits.
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
encroachment 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.
C. Ingress and Egress: Seller warrants and represents that there is ingress and egress to the
real property in those areas currently provided for and in use and that they are sufficient for the intended use as
described herein, title to which is in accordance with Standard A.
D. Leases: The Seller warrants that there will be no leases, licenses or rights of use of the
property being conveyed as of the closing other than as expressly provided for herein.
E. Liens: Seller shall furnish to Buyer at time of closing an affidavit attesting to the absence,
unless otherwise provided for herein, of any financing statements, claims of lien or potential lienors known to Seller
and further attesting that there have been no improvements or repairs to property for ninety (90) days immediately
preceding date of closing. If property has been improved, or repaired within that time, Seller shall deliver releases
or waivers of mechanics' liens executed by all general contractors, subcontractors, suppliers, and materialmen in
2
addition to Seller's lien affidavit setting forth the names of ail such general contractors, subcontractors, suppliers and
materialmen and further affirming that all charges for improvements or repairs which could serve as a basis for a
mechanic's line or a claim for damages have been paid or will be paid at closing.
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. Documents for Closing: Seller shah furnish deed, bill of sale, mechanic's lien affidavit,
assignments of leases, tenant and mortgagee estoppel letters, and corrective instruments. Buyer shall furnish closing
statement, mortgage, mortgage note, security agreement, and financial statements.
I. Expenses: Documentary stamps on the deed shall be paid by Seller.
J. Prorations; credits: Taxes, assessments, rent, interest, insurance and other expenses and
revenue of property shall be prorated through day before closing. Buyer shall have the option to taking over any
existing policies of insurance, if assumable, in which event premiums shall be prorated. Cash at closing shall be
increased or decreased as may be required by prorations. Prorations will be made through day prior to occupancy
if occupancy occurs before closing. Advance rent and security deposits will be credited to Buyer and escrow deposits
held by mortgagee will be credited to Seller. Taxes shall be prorated based on the current year's tax with due
allowance made for maximum allowable discount, homestead and other exemptions. If closing occurs at a date when
the current year's millage is not fixed, and current year's assessments is available, taxes will be prorated based upon
such assessment and the prior year's millage. If current year's assessment is not available, then taxes will be prorated
on the prior year's tax. If there are completed improvements on real property by January 1st of year of closing which
improvements were not in existence on January 1st of the prior year then taxes shall be prorated based upon the prior
year's millage and at an equitable assessment to be agreed upon between the parties, failing which, request will be
made to the County Property Appraiser for an informal assessment taking into consideration available exemptions.
Any tax proration based on an estimate may, at request of either Buyer or Seller, be subsequently readjusted upon
receipt of tax bill on condition that a statement to that effect is in the closing statement.
K. Special Assessment Liens: Certified, confirmed and ratified special assessment liens as
of date of closing (and not as of Effective Date) are to be paid by Seller. Pending liens as of date of closing shall be
assumed by Buyer. If the improvement has been substantially completed as of Effective Date, such pending lien shall
be considered as certified, confirmed or ratified and Seller shall, at closing, be charged an amount equal to the last
estimate of assessment for the improvement by the public body.
L. Risk of Loss: If the property is damaged by fire or other casualty before closing and cost
of restoration does not exceed the purchase price of the property so damaged, cost of restoration shall be an obligation
of the Seller and closing shall proceed pursuant to the term so the agreement with restoration costs escrowed at
closing. If the cost of the restoration exceeds three percent (3%) of the assessed valuation of the improvements so
damaged, Buyer shall have the option of either taking property as is, together with either the three percent (3%) or
any insurance proceeds payable by virtue of such loss or damage, or of canceling the agreement and receiving return
of deposit(s).
M. Escrow: Any escrow agent CAgent~) receiving funds or equivalent is authorized and
agrees by acceptance of them to deposit them promptly, hold same in escrow and, subject to clearance, disburse them
in accordance with terms and conditions of agreement. Failure of clearance of funds shall not excuse Buyer's
performance. If in doubt as to Agent's duties or liabilities under the provisions of agreement, Agent may, at Agent's
option, continue to hold the subject matter of the escrow until the parties mutually agree to its disbursement, or until
a judgment of a court of competent jurisdiction shall determine the rights of the parties or Agent may deposit with the
3
clerk of the circuit court having jurisdiction of the dispute. Upon notifying all parties concerned of such action, all
liability on t_he part of Agent shall fully terminate, except to the extent of accounting for any items previously delivered
out of escrow. If a licensed real estate broker, Agent will comply with provisions of Chapter 475, F.S. (1997), as
amended. Any suit between Buyer and Seller where Agent is made a party became of acting as Agent hereunder,
or in any suit wherein Agent interpleads the subject matter of the escrow, Agent shall recover reasonable attorney's
fees and costs incurred with the fees and costs to be charged and assessed as court costs in favor of the prevailing
party. Parties agree that Agent shall not be liable to any party or person for misdelivery to Buyer or Seller of items
subject to this escrow, unless such misdelivery is due to willful breach of contract or gross negligence of Agent.
N. Failure of Performance: If Buyer fails to perform this Contract within the time specified
(including payment of all deposit(s)), the deposit(s) paid by Buyer may be retained by or for the account of Seller as
agreed upon liquidated damages, consideration for the execution of this Contract and in full settlement of any claims;
whereupon, Buyer and Seller shall be relieved of all obligations under Contract; or Seller, at Seller's option, may
proceed in equity to enforce Seller's rights under this Contract. If, for any reason other than failure of Seller to make
Seller's title marketable after diligent effort, Seller fails, neglects or refuses to perform this Contract, the Buyer may
seek specific performance or elect to receive the return of Buyer's deposit(s) without thereby waiving any action for
damages resulting from Seller's breach.
O. Agreement Not Recordable; Persons Bound; Notice: Neither this agreement nor any
notice of it shall be recorded in any public records. This agreement shall bind and enure to the benefit of the parties
and their successors in interest. Whenever the context permits, singular shall include plural and one gender shall
include all. Notice given by or to the attorney for any party shall be as effective as if given by or to that party.
P. Conveyance: Seller shall convey the property by way of Warranty Deed subject to an
easement for any utilities that may exist and lie on the property.
Q. Other Agreements: No prior or present agreements or representations shall be binding
upon Buyer or Seller unless included in this Contract. No modification or change in this Contract shall be valid or
binding upon the parties unless in writing and executed by the party or parties intended to be bound by it.
R. Warranties: Seller warrants that there are no facts known to Seller materially affecting
the value of the real property which are not readily observable by Buyer or which have not been disclosed to Buyer.
BUYER: City of Delray Beach SELLER: Delray Bgach International
,~~jfis ~esort, Ltd. -
Mayor Delray Beach International Tennist~sort, Inc.,
its General Partner
By: Gaetan Morin, President
ATTEST:
City Cle{k - /'
Approved as to Form:
~,~'v-.City Attorney
WITNESSES:
(print or type name)
(print or type name)
EXI-IIBIT "A"
LAVER'S RECREATIONAL PROPERTY
CLUB AREA
LEGAL DESCRIPTION:
A PORTION OF TRACT I, LAKE RAY, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 29, PAGE 61,
OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, AND A PORTION OF LAVER'S DELRAY RACQUET
CLUB ADDITION, ACCORDING TO THE PLAT THEREOF, AS RECORDED 1N PLAT BOOK 42 AT PAGES 112 AND 113, OF
THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT SOUTHEAST CORNER OF TRACT I, LAKE RAY, ACCORDING TO THE PLAT THEREOF, AS RECORDED
IN PLAT BOOK 29 AT PAGE 6 I, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, SAID POINT BEING ON
THE EAST LINE OF SAID TRACT I AND BEING THE POINT OF TANGENCY OF A CURVE IN THE SOUTHEAST CORNER
OF SAID TRACT 1; THENCE N02°49'35"W TANGENT TO SAID CURVE ALONG THE EAST LINE OF SAID TRACT I, FOR A
DISTANCE OF 265.05 FEET TO THE POINT OF BEGINNING; THENCE S87°10'25"W FOR 104.48 FEET; THENCE NI9°
59'24"W FOR 22.30 FEET; THENCE S70°00'36"W FOR 153.50 FEET; THENCE N19°59'24"W FOR 5.00 FEET; THENCE S70°
00'36"W FOR 166.20 FEET; THENCE NI9°59'24"W FOR 13.79 FEET; THENCE S80°28'00"W FOR 21.16 FEET; THENCE N19°
59'24"W FOR 102.87 FEET; THENCE S70°00'36"W FOR 15.22 FEET; THENCE N14°49'09"W FOR 139.54 FEET; THENCE N34°
16'18"E FOR 106.18 FEET; THENCE N74°25'51"E FOR 182.00 FEET; THENCE N IS°42'36"E FOR 87.78 FEET; THENCE N82°
31'18"E FOR 34.49 FEET; THENCE N02°49'35"W FOR 200.03 FEET; THENCE S90°00'00"E FOR 13.83 FEET; THENCE N02°
49'35"W FOR 102.35 FEET; THENCE N87°I0'25"E FOR 143.54 FEET; THENCE N02°49'35"W FOR 87.77 FEET TO A POINT
ON THE SOUTH RIGHT OF WAY LINE OF EGRET CIRCLE AS SHOWN ON THE PLAT OF LAVER'S NORTH ACCORDING
TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 43 PAGES 92 THROUGH 94 OF THE PUBLIC RECORDS OF PALM
BEACH COUNTY, FLORIDA; SAID POINT BEING ON A NON-TANGENT CURVE; SAID POINT BEARING N04°50'02"E
FROM THE RADIUS POINT OF THE NEXT DESCRIBED CURVE; THENCE EASTERLY ALONG A CIRCULAR CURVE TO
THE RIGHT AND CONCAVE TO THE SOUTH, HAVING A RADIUS OF 200.00 FEET AND A CENTRAL ANGLE OF 17°59'55''
FOR AN ARC DISTANCE OF 62.83 FEET TO A POINT OF REVERSE CURVATURE; THENCE EASTERLY ALONG A
CIRCULAR CURVE TO THE LEFT AND CONCAVE TO THE NORTH, HAVING A RADIUS OF 200.00 FEET AND A CENTRAL
ANGLE OF 04°43'53'' FOR AN ARC DISTANCE OF 16.52 FEET TO A POINT OF NON TANGENCY; THENCE DEPARTING
FROM SAID SOUTH RIGHT OF WAY LINE OF EGRET CIRCLE AND RUN S08°30'00"W FOR 35.30 FEET; THENCE S80°
00'00"W FOR 23.37 FEET; THENCE S09°59'50"E FOR 35.80 FEET; THENCE S02°49'35"E ALONG A LINE PARALLEL WITH
AND 2.00 FEET WEST OF AS MEASURED AT RIGHT ANGLES TO THE EAST L/NE OF SAID TRACT 1 FOR A DISTANCE
OF 348.76 FEET; THENCE N87°10'25"E 62.00 FEET; THENCE S02°49'35"E ALONG THE EAST RIGHT OF WAY LINE OF
THE ABANDONED AND/OR VACATED 60.00 FOOT ROAD RIGHT OF WAY OF JAEGER DRIVE ACCORDING TO OFFICIAL
RECORDS BOOK 3077 AT PAGE 1597 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLOR/DA FOR A DISTANCE
OF 104.53 FEET TO A POINT ON THE SOUTH L/NE OF PARCEL "A", LAVER'S DELRAY RACQUET CLUB ADDITION
ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 42 AT PAGES Il2 AND 113 OF THE PUBLIC
RECORDS OF PALM BEACH COUNTY, FLORIDA; THENCE N90°00'00"W ALONG THE SOUTH LINE OF SAID PARCEL
"A" FOR 60.07 FEET TO A POINT ON THE EAST LINE OF SAID TRACT l; THENCE S02°49'35"E ALONG THE EAST LINE
OF SAID TRACT I FOR A DISTANCE OF 223.64 FEET TO THE POINT OF BEGINNING.
SAID LANDS SITUATE WITHIN THE CITY OF DELRAY BEACH, PALM BEACH COUNTY, FLORIDA.
CONTAINING 5.601 ACRES MORE OR LESS
SHEET I OF 3 SHEETS
FILE NO. 00-14984-SSI
Heller-Weaver and Cato, Inc.
Engineers ... Surveyors
Palm Beach County
310 Southeast First Street, Suite Four
Delray Beach, Florida 33483
(561) 243-8700 Local
(561) 243-8777 Fax
(561) 732-2588 Palm Beach
(~ERTIFICATE;
I HEREBY' CERTIFY THAT THJS SKETCH AND LEGAL DESCRIPTION IS TRUE AND CORRECT TO THE BEST OF MY
i KNOWLEDGE AND BELIEF, AND MEETS THE MINIMUM TECHNICAL STANDARDS FOR LAND SURVEYING IN THE
STATE OF FLORIDA, AS SET FORTH BY THE FLORIDA BOARD OF SURVEYORS AND MAPPERS IN CHAPTER 61G17o6,
OF THE FLORIDA ADMINISTRATIVE CODE, PURSUANT TO SECTION 472.027 FLORIDA STATUTES, AS APPLICABLE
FOR LEGAL DESCRIPTIONS.
HELLER-WEAVER AND CATO, rNC.
FLORIDA ~ ~TE LB. . 3449
PROFE S S. LOy~S..~ .LOR' ~ ~R
~o~o. S~T~. ~o. ~ ~
DATED FEBRUARY 17, 2000
FILE: C :\CAICE\ 14984~AKERAY. PUB
NOTES:
1.)
THJS SKETCH AND LEGAL DESCRIPTION DOES NOT REPRESENT A FIELD BOUNDARY SURVE~'f ('~rHS IS NOT
A SURVEY").
2.)
BEARINGS SHOWN HEREON REFER TO THE EAST LINE OF THE PLAT OF LAVER'S DELRAY RACQUET CLUB
ADDITION, PB 42, PG 112 & 113, HAVING AN ASSUMED BEARING OF S02°49'35"E.
SHEET 2 OF 3 SHEETS
FILE NO. 00-14984-SS2
Heller-Weaver and Cato, Inc.
Engineers ... Surveyors
Palm Beach County
310 Southeast First Street, Suite Four
D~lray Beach, Florida 33483
(561) 243-8700 Local
(56 I) 243-8777 Fax
(561) 732-2588 Palm Beach
SOUTH R/~ -~ -'
LINE OF EGRET CIRCLE
p~T
15' T[NNIS COURT ~CGS --
-- ~ '-- PAGES 1725-17~)
I
1 ~.5~'
N8~10'25~
SKETCH TO ACCOMPANY L.EGAL DESCRIPTION
A PORTION OF TRACT 1, LAKE RAY
PLAT BOOK 29, PAGE 61
CITY OF DELRAY BEACH
PALM BEACH COUNTY, FLORIDA
12' ENCROACHMENT
EASEMENT (TENNIS
COURT, ORB 3503,
PAGES 1725-1738)
$90'00'00'E
13.63
O.R.e. OrnCL~. RECORDS BOOK
~. PAGE(S)
P.e.C. PAU~ er. AcH COUNTY
R
b DELTA
A ~C DIe. CE
R/W EIG~--OF-WAY
(P.E,. 29, FO.
NBZ'31
(P.a. 29, PAGE 61)
CLUB AREA (LAKE RAY PORTION)
(CONTAINING 5.601 ACRES MORE OR LESS)
ENCRaACHNENT y
( TENNI~ Cl3URTj F~'NCING)
n R.B. 3253, PH~;E~ 384-390
SHEET 3 OF 3 SHEETS
O0~
T~/CT I, bAHE RAY
(.P.E. 29, PG. 6'lJ
NOT INCI.UDFI')
UTIUTY
EASE.~ENT
(P.B. 4.2, PG. 1
104.4~
S87'10'25'W
EAST LINE OF'
TRACT 1, 1.4KE RAY
(P.B. 29, PG. el)
% ~OUTH BOUNDARY OF'
TRACT 1. LAKE RAY
(P.B. 29, PG. 61)
Ri200.O0'
b- 17~$9'55'
A-,62.83' R-200.O0'
b,=04'43'53"
A=, 16.52'
SOB'30'OO"W
35.30'
SBO'O0'O0'W
23.37'
35.80'
SO9'Sg'50'E
PARCEl.
L~ v EF:' ~.; DEL!7", Y
R,~CQU£T ADDITION
,"P B 4-2, PG.
.l'~ EAST R/W
RI
i
UNE OF
JAEGER ORN~
1F LrTIIJ'Pf
(P.B. 4.2. PG.112-113)
NgO'OO'00'Wl
SOUTH UNE
PARCEL 'A".
DEI.RAY RACQUET A~DITION
(P.B. 4.2. PG. 112-~13)
~ I LO] "e"
WENTON
~ ~. I (P.B. ~0,
<.-, PG.
· o I
~OINT
BEGINNING
POINT OF'
COMMENCEMENT;
SO UTNF. AST CORNER
TFU~T 1, LAKE RAY
(~.e. 29. PO. el)
FILE NO. 00--14984--SS
LAVER'S RECREATIONAL PROPERTY
PARKING AREA
LEGAL DESCRIPTION:
A PORTION OF PARCEL "A", LAVER'S DELRAY RACQUET CLUB ADDITION, ACCORDING TO THE PLAT THEREOF, AS
i RECORDED IN PLAT BOOK 42, AT PAGES 112 AND 113, OF THE PUBLIC RECORD OF PALM BEACH COUNTY, FLORIDA,
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT SOUTHEAST CORNER OF TRACT !, LAKE RAY, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN
PLAT BOOK 29 AT PAGE 61, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, SAID POINT BEING ON THE
EAST LINE OF SAID TRACT 1 AND BEING THE POINT OF TANGENCY OF A CURVE IN THE SOUTHEAST CORNER OF SAID
TRACT !; THENCE N02°49'35"W TANGENT TO SAID CURVE ALONG THE EAST BOUNDARY OF SAID TRACT I, FOR A
DISTANCE OF 488.69 FEET TO A POINT ON THE SOUTH LINE OF PARCEL "A", LAVER'S DELRAY RACQUET CLUB
ADDITION ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 42, AT PAGES 112 AND 113 OF THE
PUBLIC RECORD OF PALM BEACH COUNTY, FLORIDA; THENCE S 90000'00'. E ALONG SAID SOUTH LINE OF PARCEL "A"
FOR A DISTANCE OF 60.07 FEET; THENCE N02°49'35"W ALONG A LINE PARALLEL WITH AND 60.00 FEET EAST OF AS
MEASURED AT RIGHT ANGLES TO THE WEST LINE OF SAID PARCEL "A' SAID LINE ALSO BEING THE EAST RIGHT OF:
WAY LINE OF THE ABANDONED AND/OR VACATED 60.00 ROAD RIGHT OF WAY OF JAEGER DRIVE ACCORDING TO
OFFICIAL RECORDS BOOK 3077 AT PAGE 1597 OF THE PUBLIC RECORD OF PALM BEACH COUNTY, FLORIDA FOR A
DISTANCE OF 20.02 FEET TO THE PORCF OF BEGINNING; THENCE CONTINUE N02°49'35"W ALONG THE AFORESAID
DESCRIBED LINE FOR A DISTANCE OF 84.51 FEET; THENCE S87°10'25"W FOR 18.00 FEET; THENCE N02°49'35"W FOR 32.00
FEET; THENCE N87°10'25"E FOR 20.00 FEET; THENCE S90°00'00"E FOR 27.05 FEET; THENCE N00°00'00"E FOR 13.57 FEET
THENCE S90°00'00"E FOR 104.10 FEET; THENCE N00°00'00"E FOR 54.80 FEET; THENCE S90°00'00"E'FOR 85.94 FEET
THENCE N00°00'00"E FOR 53.59 FEET; THENCE N00°I4'49"E FOR 30.57 FEET; THENCE S90°00'00"E FOR 16.35 FEET
THENCE S00°00'00"W FOR 268.99 FEET; THENCE N90°00'00"W ALONG A LINE PARALLEL WITH AN 20.00 FEET NORTH AS
MEASURED AT RIGHT ANGLES TO THE SOUTH LINE OF SAID PARCEL "A" FOR A DISTANCE OF 229.83 FEET TO THE
POINT OF BEGINNING.
CONTAINING 0.860 ACRE MORE OR LESS.
SAID LANDS SITUATE WITHIN THE CITY OF DELRAY BEACH, PALM BEACH COUNTY, FLORIDA.
CgRTIFICATE:
I FI~REBY CERTIFY THAT THIS SKETCH AND LEGAL DESCRIPTION I$ TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF, AND MEETS
1'HE MINIMUM TECHNICAL STANDARDS FOR LAND SURVEYING tN TIlE STATE OF FLOR[DA, AS SET FORTH BY TI'~ FLOR[DA BOARD OF SURVEYORS
~ MAPPERS IN CHAPTER 61G17-6, OF THE FLORIDA ADMINISTRATIVE CODE, PURSUANT TO SECTION 472.027 FLOR[DA STATUTES, AS APPLICABLE
":OR LEGAL DESCRIPTIONS.
'LORI A='ATE /
~ROFF~SIC~4~n~'EY~ & MAPPER. DATED FEBRUARY 17, 2000
FILE: C:\CAICL~149 $4~ARKING.PUB
:LO .~D6~T. RTF.,dr, EG.)~'a 5115
~OTE&
.)
.)
THIS SK~?rCH AND LEGAL DESCRIPTION DOES NOT REPRESENT A FIELD BOUNDARY SURVEY ("THIS IS NOT A SURVEYS).
BEARINGS SHOWN HEREON REFER TO THE EAST LINE OF THE PLAT OF LAVEK'S DELRAY RACQUET CLUB ADDITION, PB 42, PG 112 & 113,
HAVING AN ASSUMED BEARING OF S02°49'35"E.
;HEET 1 OF 2 SHEETS
FILE NO. 00-14984-SS4
Heller-Weaver and Cato, Inc.
Engineers ... Surveyors
Palm B~¢h County
310 Southeast First Street, Suite Four
Delray Beach, Florida 33483
(561) 243-8700 Local
(561) 243-8777 Fax
(561) 732-2588 Palm Beach
· . UTILITY ~
EASEMENT ~. .
(P.B. 4,2, ~ ~
PG.112-115) o. POINT OF
iR BEGINNING
60.07
::~ 90'00'00" £
!
EAST BOUNDARY raj
OF TRACT 1, C3 ~
(P.B. 29, PG. 61) -.~
TF:,~CT 1,
l AKF PA'."'
(P.B.29, PG 6!'}
12' UTIUTY EASEMENT
(P.B. 42. PG. 112-115)
SHEET 2 OF 2 SHEETS
~ POINT OF'
COMMENCEMENT;
SOUTHEAST CORNER
TRACT 1, LAKE RAY
(P.B. 29, PG.
.-'-'
20.02'
!
S90'O0'O0"E
PAP, CD_ "A"
LA3/E?,' S D ELPAY'
PACOU E'T ADDITION
tP.B. 42, PG. 112--1
N_ I INCLUDED
sgo'oo'oo"E 85.94.
104.10
PARKING AREA
(CONTAINING O.8~ACRES MORE OR LESS)
S90'O0'O0"E
6.3~
~.o
,,..~
b
14' UTILITY EASEMENT
(P.B.4.2, PG. 112-115)
15' UTILITY EASEMENT
(P.B.~O, PG.33)
229.85 Ngo'OO'OO'W
SOUTH UNE
PARCEL 'A". I,,AVER'S
DELRAY RACQUET ADDITION
(P.B. 4.2, PG. 112-115)
LOT "D"
WENTON VILLAGE
30, "'"' x ;"
lIEGE. ND:
P.B. PLAT BOOK
O.R.B. OFRCt*J.. RECORDS BOOK
PG. PAGE(S)
P.B.C. PALM BEACH COUNTY
R RADIUS
6 DELTA
A ARC DISTANCE
R/W RIGHT-OF--WAY
SKETCH TO ACCOMPANY LEGAL DESCRIPTION
a PORTION OF PARCEL "A",
LAVER'S DELRAY RACQUET ADDITION
(PLAT BOOK 4.2, PAGES 112 AND 11
CITY OF DELRAY BEACH
PALM BEACH COUNTY, FLORIDA
FILE NO. 00-14.984,-SS 5
LAVER'S RECREATIONAL PROPERTY
'LEGAL DESCRIPTION:
TENNIS COURT AREA
A PORT[ON OF PARCEL "A", LAVER'S DELRAY RACQUET CLUB ADDITION, ACCORDING TO THE PLAT THEREOF, AS
RECORDED IN PLAT BOOK 42, AT PAGES 112 AND 113, OF THE PUBLIC RECOKD OF PALM BEACH COUNTY, FLOPJDA,
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT SOUTHEAST CORNER OF TRACT 1, LAKE RAY, ACCORDING TO THE PLAT THEREOF, AS RECORDED
IN PLAT BOOK 29 AT PAGE 61, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, SAID POINT BEING
ON THE EAST LINE OF SAID TRACT I AND BEING THE POINT OF TANGENCY OF A CURVE IN THE SOUTHEAST
CORNER OF SAID TRACT 1; THENCE N02°49'35"W TANGENT TO SAID CURVE ALONG THE EAST BOUNDARY OF SAID
TRACT 1, FOR A DISTANCE OF 488.69 FEET TO A POINT ON THE SOUTH LINE OF PARCEL "A", LAVER'S DELRAY
RACQUET CLUB ADDITION ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 42, AT PAGES 112
AND 113 OF THE PUBLIC RECORD OF PALM BEACH COUNTY, FLORIDA; THENCE S 90°00'00" E ALONG SAID SOUTH
LINE OF PARCEL "A" FOR A DISTANCE OF 288.91 FEET; THENCE N00°00'00"E FOR 29.00 FEET TO THE POINT OF
BEGINNING; THENCE CONTINUE N00°00'00"E FOR 259.99 FEET; THENCE sg0°00'00"E FOR 301.00 FEET; THENCE SO0°
00'00"W FOR 259.99 FEET; THENCE Ng0°00'00"W ALONG A LINE PARALLEL WITH AND 29.00 FEET NORTH AS
MEASURED AT RIGHT ANGLES TO THE SOUTH LINE OF SAID PARCEL "A" FOR A DISTANCE OF 301.00 FEET TO THE
POINT OF BEGINNING.
CONTAINING 1.$00 ACRES MORE OR LESS
SAID LANDS SITUATE WITHIN THE CITY OF DELRAY BEACH, .PALM BEACH COUNTY, FLORI'DA.
CERTIFICATE;
! HEREBY CERTIFY THAT THIS SKETCH AND LEGAL DESCRIPTION IS TRUE AND CORRECT TO THE BEST OF MY
OWLEDGE BELIE , MEETS THE CH CAL ST, , O S FOR L ND sURVE o IN THE
STATE OF FLORIDA, AS SET FORTH BY THE FLORIDA BOARD OF SURVEYORS AND IVXAPPERS rN CHAPTER 61G17-6,
OF THE FLORIDA ADMINISTRATIVE CODE, PURSUANT TO SECTION 472.027 FLORIDA STATUTES, AS APPLICABLE
FOR LEGAL DESCrY'nONS.
FL,gR~;DA-'S~/,"TE REG.-NO. 5118 FILE: C:\CAICE\14984\TENNIS.PUB
NOTES:
I.)
THIS SKETCH AND LEGAL DESCRIPTION DOES NOT REPRESENT A FIELD BOUNDARY SURVEY ('~-l~S IS NOT
A SURVEY").
2.)
BEARINGS SHOWN HEREON REFER TO THE EAST LINE OF THE PLAT OF LAVER'S DELRAY RACQUET CLUB
ADDITION, PB 42, PG 112 & 113, HAVING AN ASSUMED BEARING OF S02°49'35"E.
SHEET I OF 2 SHEETS
FILE NO. 00-14984-SS6
Heller-Weaver and Cato, Inc.
Engineers Surveyors
Palm Beach County
310 Southeast First Street, Suite Four
Dekay Beach, Florida 33483
(561) 243-8700 Local
(561) 243-8777 Fax
(561) 732-2588 Palm Beach
;7
P?rr o~
BEGINNING
~-- NO~OO'OO'W
p, -1
-:,:,FCF_.L "~", Lz,,',,ER'S DELPW.' P,,ACOI.IET ADDITION kF'.B.
NO! INC.,LUC. EL)
288.91'
S90'OO'OO'E
POINT OF
COMMENCEMENT;
SOUTHEAST CORNER
TRACT 1. LAKE RAY
(P.a. 2g. PG. 60
S 90'00'00' E 301.00'
TENNIS COURT AREA
(CONTAINING1.800 ACRES MORE OR LESS)
,4.2. PG.
~4' u~u'rY EASEUENT
(P.B.42, PG.112-115)
15' UT1UTY EASEMENT '-I
501.00'
~i N90'OO'OO'W
SOUTH UNE
LO1
WENTON VILLAGE
(P.B. 30, PC,.
LEGEND:
P.B.
O.R.B.
PG.
P.B.C.
R
A
A
R/W
PARCEL "A', LAYER'S
DELRAY RACQUET ADDmON
(P.B. 42, PG. 112-113)
PLAT BOOK
OFFICIAL RECORDS BOOK
~£(s)
PALM BEACH COUNTY
RADIUS
DELTA
ARC DISTANCE
RIGHT--OF-WAY
SKETCH TO ACCOMPANY LEGAL DESCRIPTION
A PORTION OF PARCEL
LAVER'S DELRAY RACQUET ADDmON
(PLAT 800K 42, PAGES 112 AND 115)
C11~ OF DELRAY BEACH
PALM BEACH COUNTY, FLORIDA
SHEET 2 OF 2 SHEETS RI.E: NO. O0-1a, g84-$S 7
MEMORANDUM
TO:
FROM:
SUBJECT:
MAYOR AND CITY COMMISSIONERS
0CITY MANAGER
AGENDA ITEM/tO./~. - REGULAR MEETING OF JULY 25, 2000
RESOLUTION NO. 54-00 (PURCHASE OF PROPERTY
INTERNATIONAL TENNIS RESORT)
DATE: JULY 21, 2000
FROM
Resolutton No. 54-00 authorizes the City to purchase certain property from Dekay Beach
Intemauonal Tennis Resort, Ltd. The purchase price is $575,000.00. The contract stating the terms
and conchtions for the sale and purchase is attached to and ~s a part of the resolutton.
The essential terms of the purchase are outlined in the attached memorandum from the City Attorney.
Recommend approval of Resolution No. 54-00.
RefiAgmemol 4.Res.54-00 Acqmsition. Int'l. Tennis Resort Property
[ITY OF DELRI:IY BEI:I[H
CITY ATTORNEY'S OFFICE
DELRAY BEACH
Ali.America City
1993
DATE:
TO:
FROM:
200 NW 1st AVENUE · DELRAY BEACH, FLORIDA 33444
TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755
Writer's Direct Line: 561/243-7091
MEMORANDUM
July 18, 2000
David Harden, City Manager
Brian Shutt, Assistant City Attorney
SUBJECT:
Essential Terms of the Contract for Sale and Purchase of Tennis Courts,
Clubhouse and Parking Area Located at 2350 Jaeger Drive
Contract for Sale and Purchase between the City and Delray Beach International
Tennis Resort, Ltd.
The essential terms of the purchase are as follows:
The City shall purchase the 24 tennis court property and associated parking for
$575,000.00. The City shall also give the Seller a number of free golf passes,
and grant to the St. Tropez development free tennis memberships for a period of
7 years.
2. The City is to pay for the title insurance and survey of the property.
3. The Seller shall pay all documentary stamps, and cost to cure any title defect.
The closing for this property shall be simultaneous and contingent upon the closing of the
Contract for sale and purchase between the City and the Defray Racquet Club
Association.
Contract for Sale and Purchase between the City and the Delray Racquet Club
Association
We have also attached a proposed contract between the City and the Delray Racquet
Club Association for the sale of the ten tennis court property with associated parking and
the small parcel located at the north end of the Club Property to the Racquet Club.
The essential terms of the contract for sale and purchase are as follows:
The City will receive $225,000.00 plus $150,000.00 for maintenance from the
Racquet Club.
The Closing for the sale of the property must be simultaneous with the Closing of
the purchase of the property by the City.
The City will retain a 99 year non-exclusive easement for ingress, egress and
parking over the parking area property. The City shall be responsible for
maintaining the parking area.
The City will retain a 35 year non-exclusive easement for the use of the 10 tennis
courts. The City will be responsible for the maintenance and upkeep of the tennis
courts for this period of time as well as regulate and administer the usage of the
tennis courts.
Racquet Club agrees to have its members pay membership fees for the right to
play tennis on the tennis courts and the fees will be split by percentage with the
City.
Racquet Club shall grant to the City an Encroachment Easement to the City
regarding the grandstand court as well as granting an access easement to the City
over a certain concrete pathway.
The City shall retain an ingress/egress easement over the small parcel at the north
end of the tennis courts to provide access for maintenance for a period of 99
years.
Please call if you have any questions regarding the Contracts for Sale and Purchase. I
have also attached the resolutions for the purchase and sale of this property.
Attachments
cc: Alison MacGregor Harty, City Clerk
CLASSIFIED
S-'-~ Tuesday, July 18, 2000