Res 01-16A 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 at the northern
portion of alleyway of Block 13 located in the 600 block of West Atlantic Avenue, Delray Beach, Florida; 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, and
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 the Delray Beach Community Redevelopment Agency, as Buyer, for the purchase price of Ten Dollars
and 00/100 cents ($10.00), said property being described as follows:
See Exhibit "A" attached hereto.
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 Composite Exhibit `B".
PASSED AND ADOPTED in regular session on the 5T' day of ianua 2016.
MAYOR
ATTEST:
City Clerk
Legal D�Tsgiption: All of Block 13, TOWN OF LINTON (NOW DELRAY BEACH according to the plat
thereof, as recorded in Plat Book 1, Page 3 of the Public Records of Palm Beach County, Florida, less the
North 20.0 feet thereof, less the West 135.0 feet thereof, less the East 135.0 feet thereof and less the East 150.0
feet of the North 100.0 feet thereof.
TOGETHER WITH A HIATUS AREA described as follows:
The East 135.0 feet of Block 13, TOWN OF LINTON (NOW DELRAY BEACH according to the Plat
thereof as recorded in Plat Book 1, Page 3, Public Records of Palm Beach County, Florida, less the North
300.0 feet and less the South 300.0 feet thereof.
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Res No. 01-16
Writer's Direct Line: 5611243-7090
TO: MAYOR AND CITY COMMISSIONERS
FROM: TERRILL PYBURN, NTERIM CITY ATTORNEY
DATE: MARCH 12, 2014
SUBJECT: AGENDA ITEM REGULAR MEETING OF APRIL 1 2014
INTERLOCAL AGREEMENT BETWEEN THE CITY OF DELRAY
BEACH AND THE DELRAY BEACH COMMUNITY
REDEVELOPMENT AGENCY REGARDING BLOCK 13 ALLEY
ACQUISITIONITITLE
The attached Interlocal Agreement between the City and CRA provides that the City will
initiate quiet title proceedings within 30 days of receiving the Quit Claim Deed for the
Block 13 property from Palm Beach County (which was approved by the County at their
March 11, 2014 County Commission meeting and a recorded copy should be forthcoming
soon). The Interlocal Agreement further provides that the CRA shall reimburse the City
for the costs associated with the title work and quiet title action for the property.
Late last year, the CRA staff submitted a request to the City for assistance in clearing a
title issue that exists on the CRA's redevelopment site in the 600 block (south side) of
West Atlantic Avenue (Block 13, Town of Linton/Delray). Block 13 was created as an
agricultural block in 1896 and was owned by a man named George Sails. The Block was
later subdivided (circa 1930's) into lots via deeds with metes and bounds legal
descriptions. The majority of the legal descriptions excluded a strip of land on the interior
of the block, ranging from 15' to 32' in width, which runs the entire length of the block,
and has been depicted as an alley on the City's Base Map. Even though the parcel appears
to' have been intended for use as an alley, and utilities have been located within it for
decades, it apparently was never officially dedicated to the public and an owner of record
was not known, however, a title search revealed that Palm Beach County currently holds
title to the property via a tax lien.
The County is going to provide the City with a Quit Claim Deed and the CRA has
requested that our office pursue a quiet title action to obtain a legal determination that fee
simple title to the "alleyway" and portions thereof will vest in the City.
Approve the Interlocal Agreement between the CRA and City regarding Block 13 Alley.
Exhibit B
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PARTIES: CITY OF DELRAY BEACH, a Florida municipal corporation, ("Seller"), of
100 N.W. 18t Avenue, Delray Beach, Florida 33444 and DELRAY BEACH
COMMUNITY REDEVELOPMENT AGENCY, ("Buyer"), of 20 North Swinton Avenue,
Delray Beach, FL 33444, hereby agree that the Seller shall sell and Buyer shall buy
the following described Real Property and Personal Property (collectively "Property")
upon the following terms and conditions, which INCLUDE the Standards for Real Estate
Transactions ("Standard (s)"), attached hereto and riders and any addenda to this
Contract for Sale and Purchase ("Contract"):
DESCRIPTION:
(a) Legal Description: All of Block 13, TOWN OF LINTON (NOW DELRAY
BEACH), according to the plat thereof, as recorded in Plat Book 1, Page 3
of the Public Records of Palm Beach County, Florida, less the North 20.0
feet thereof, less the West 135.0 feet thereof, less the East 135.0 feet
thereof and less the East 150.0 feet of the North 100.0 feet thereof.
TOGETHER WITH A HIATUS AREA described as follows:
The East 135.0 feet of Block 13, TOWN OF LINTON (NOW DELRAY
BEACH), according to the Plat thereof as recorded in Plat Book 1, Page 3,
Public Records of Palm Beach County, Florida, less the North 300.0 feet
and less the South 300.0 feet thereof.
(b) Address: Residual parcel located in Block 13, Delray Beach, FL 33444
PURCHASE PRICE ................ . ... ............ US$10.00
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 January 30, 2016, the 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.
IV. TITLE EVIDENCE: At least 7 days before closing date, Buyer shall obtain a title
insurance commitment.
V. CLOSING DATE: This transaction shall be closed and the deed and other
closing papers delivered on or before seven (7) days from the date of the execution of
this agreement, unless extended by other provisions of this Contract.
VI. RESTRICTIONS; EASEMENTS; LIMITATIONS: Buyer shall take title by Quit
Claim Deed 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; 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. 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.
X. DISCLOSURES:
(a) Radon is a naturally occurring radioactive gas that, when accumulated in a
building in sufficient quantities, may present health risks to persons who
are exposed to it over time. Levels of radon that exceed federal and state
guidelines have been found in buildings in Florida. Additional information
regarding Radon or Radon testing may be obtained from your County
Public health unit.
(b) Buyer may have determined the energy efficiency rating of the residential
building, if any is located on the Real Property.
XI. SPECIAL CLAUSES; ADDENDA: If additional terms are to be provided,
they will be provided in the attached addenda. If there is an addenda, check here ✓
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CITY OF DELRAY BEACH, FLORIDA
Cary D. Glickstein, Mayor Date
ATTEST:
City Clerk
Approved as to Form:
City Attorney
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DELRAY BEACH COMMUNITY
REDEVELOPMENT AGENCY
By:
Print Name:
ATTEST:
Date
ADDENDUM TO CONTRACT FOR SALE AND PURCHASE
SELLER: CITY OF DELRAY BEACH, FLORIDA
BUYER: DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY
PROPERTY ADDRESS: Northern Portion of Alleyway of Block 13, Delray Beach, FL
XI. SPECIAL CLAUSES; ADDENDA (Continued):
A. FOREIGN INVESTMENT IN REAL PROPERTY TAX ACT ("FIRPTA"):
The parties shall comply with the provisions of Internal Revenue Code Section 1445
and applicable Treasury Regulations issued thereunder. If the Seller is a U.S. person for
Internal Revenue Code Section 1445 purposes, then on demand of the Buyer and prior
to closing the Seller shall provide the Buyer with a certificate of non -foreign status in the
manner provided in Treasury Regulations Section 1.1445-2. If the Seller provides the
Buyer with such certificate, and if the Buyer is otherwise permitted to rely on such
certificate under those Regulations, the Buyer shall not withhold under Internal Revenue
Code Section 1445.-
If
445.
If the Seller is a 'foreign person' as defined by the Internal Revenue Code, the
Buyer generally is required to withhold 10% of the gross sales price from the Seller at
closing and to pay the withheld amount over to the Internal Revenue Service (IRS)
unless an applicable exemption from withholding or a limitation on the amount to be
withheld is available. To the extent that the cash to be paid over to the Seller at closing
is insufficient to cover the Buyer's withholding obligation, the Seller shall provide to the
Buyer at closing cash equal to such excess for purposes of making such withholding
payment. If the Seller's federal income tax on the gain is less than the applicable
withholding amount, the Seller may make advance application to the IRS for reduced
withholding and, if granted, the Buyer shall withhold only the authorized reduced
amount. If such ruling has not been received by closing, the parties at closing shall
enter into an escrow agreement reasonably satisfactory to the Buyer and Seller pending
receipt of the ruling, provided that at closing the Seller shall have the obligation to
provide to the escrow agent from the closing proceeds (or from the Seller's other
resources if necessary) cash equal to the maximum required withholding, with any
excess withholding being refundable to the Seller upon receipt of a favorable ruling from
the IRS.
Buyer and Seller understand that the IRS requires the Buyer and the Seller to
have a U.S. federal taxpayer identification number and to supply that number on the
foregoing forms. A foreign individual may acquire an International Taxpayer
Identification Number for this purpose. Since it may take several weeks to receive the
number after application and the IRS will not process these forms without the actual
number, a party lacking a TIN is advised to apply immediately.
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B. The Buyer shall have thirty (30) calendar days within which to conduct any
and all feasibility studies and determinations relative to the suitability for the acquisition of
the subject property by the Buyer and the Buyer reserves the express right to terminate
this Contract at any time during said period for any reason or no reason, in Buyer's sole
discretion, whereupon Buyer shall receive a full refund of all deposit monies paid
hereunder. Buyer shall be granted reasonable access to the premises to conduct such
feasibility studies and determinations, including environmental assays, core drilling,
surveys, soil sampling and other such testing.
C. This Contract is expressly contingent and conditioned upon the approval
of the same by the City Commission of the City of Delray Beach.
SELLERS' INITIALS: BUYER'S INITIALS:
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 title
insurance in the amount 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 unmarket-
able, 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 unmarket-
able, 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. Inaress and Egress: Seller warrants and represents that there is ingress and
egress to the real property sufficient for the intended use as described herein, title to which is in
accordance with Standard A.
D. Leases: If applicable, Seller shall, not less than fifteen (15) days before closing,
furnish to Buyer copies of all written leases and estoppel letters from each tenant specifying the nature
and duration of the tenant's occupancy, rental rates, advanced rent and security deposits paid by tenant.
If Seller is unable to obtain such letter from each tenant, the same information shall be furnished by Seller
to Buyer within that time period in, the form of a Seller's affidavit, and Buyer may thereafter contact
tenants to confirm such information. Seller shall, at closing, deliver and assign all original leases to
Buyer.
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 addition to Seller's lien affidavit setting forth
the names of all 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.
D
H. Documents for Closing: Seller shall 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 warranty deed and recording corrective
instruments and the warranty deed shall be paid by Buyer.
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
milage is not fixed and current year's assessments is available, taxes will be prorated based upon such
assessment and the prior year's milage. 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 milage 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 ("Agent") 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 Agents 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 clerk of the circuit court having
jurisdiction of the dispute. Upon notifying all parties concerned of such action, all liability on the 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. (1987), as
amended. Any suit between Buyer and Seller where Agent is made a party because 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
ri
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 Seller shall be relieved of all obligations under 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 inure 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 Quit Claim 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.
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OERT/FICATE OF AUTHORIZATION P -B353
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DEUM Y BEACH FLORIDA 33445
(561) 276"-4501 (561) 7J2-3279
SUN -SENTINEL
Published Daily
Fort Lauderdale, Broward County, Florida
Boca Raton, Palm Beach County, Florida
Miami, Miami -Dade County, Florida
STATE OF FLORIDA
COUNTY OF: BROWARD/PALM BEACH/MIAMI-DADE
Before the undersigned authority personally appeared
BETTY ARMAND, who on oath says that he or she is a duly authorized representative of the SUN -
SENTINEL, a DAILY newspaper published in BROWARD/PALM BEACH/MIAMI-DADE County,
Florida; that the attached copy of advertisement, being a Legal Notice in:
The matter of 11725 -Notice of Public Sale
City of Delray Beach
Kimberly Wynn
Was published in said newspaper in the issues of; Dec 21, 2015; Dec 28, 2015
3832292
Affiant further says that the said SUN -SENTINEL is a newspaper published in said
BROWARD/PALM BEACH/MIAMI-DADE County, Florida, and that the said newspaper has
heretofore been continuously published in said BROWARD/PALM BEACH/MIAMI-DADE County,
Florida, each day and has been entered as second class matter at the post office in BROWARD
County, Florida, for a period of one year next preceding the first publication of the attached copy of
advertisement; and affiant further says that he or she has neither paid nor promised, any person, firm
or corporation, any discount, rebate, commission or refund, for the purpose of securing this
ad rt Bement for Fllication in the said newspaper.
Sworn to and subscribed be r me this: December 28, 2015.
MARCIA INGRID SMITH
MV COMMISSION # FF940120
EXPIRES December 01, 2019
Name of Notary, Typed, Printed, or Stamped
Personally Known (X) or Produced Identification ( )
Order # - 3831483
venue
City of Delray Beach 100 Beach,
L334
Delray Beach, FL 33444
Legislation Text
File #: 16-044, Version: 1
TO: Mayor and Commissioners
FROM: Noel Pfeffer, City Attorney
DATE: January 5, 2016
RESOLUTION NO. 01-16: APPROVAL OF THE CONTRACT FOR THE SALE AND PURCHASE OF
A PORTION OF "BLOCK 13" LOCATED IN THE 600 BLOCK OF WEST ATLANTIC AVENUE TO
THE DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY (PUBLIC HEARING)
Recommended Action:
Motion to Approve Resolution 01-16 approving the sale of a portion of Block 13 located in the 600
block of West Atlantic Avenue to the the CRA for inclusion in the Uptown Atlantic project site.
Background:
In April 2014, the City entered into an Interlocal agreement with the CRA in which the City agreed to
initiate quiet title proceedings to confirm the legal status of a portion of Block 13 believed to be owned
by the City. A map and a sketch of the location of Block 13 is attached to this memoranda. The City
acquired the property from the County via a quit claim deed. The County had previously acquired the
property pursuant to a tax lien.
The City prevailed in the quiet title action, and the final judgment confirmed the City's fee simple
ownership. The CRA, through its Executive Director, is now requesting that the City convey this
parcel to the CRA so that it can be included in the Uptown Atlantic project site. The Agreement
between the CRA and the Equity Enterprises, USA, the developer of Uptown Atlantic project,
provides that the CRA will convey the project site, including this portion of Block 13, no later than 30
days after the developer receives the building permit.
The procedure for the City to convey an interest in real property is as follows: The City must hold a
public hearing prior to adopting a resolution authorizing the sale. Before a sale can be completed,
notice stating the date, time and place of the public hearing for the proposed sale shall be published
once a week for at least two (2) weeks in a newspaper of general circulation prior to the hearing.
City of Delray Beach Page 1 of 1 Printed on 12/30/2015
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