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Res 76-00RESOLUTION NO. 76-00 A RESOLUTION OF TIlE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING THE CITY TO PURCHASE CERTAIN REAL PROPERTY IN THE CITY OF DELRAY BEACH, WHICH PROPERTY IS LOCATED AT LOTS 10 & 11, BLOCK 30, AS MORE PARTICULARLY DESCRIBED HEREIN, HEREBY INCORPORATING AND ACCEPTING THE CONDITIONS AND TERMS OF THE CONTRACT FOR SALE AND PURCHASE BETWEEN TIlE CITY OF DELRAY BEACH AND THE DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY WHEREAS, the City of Delray Beach, Florida desires to acquire lots 10 & 11 within Block 30 for the maintenance of a retention pond upon the property; and, WHEREAS, it is in the best interests of the City to purchase the property described above. NOW, THEREFORE, BE IT RESOLVED 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 hereby agrees to enter into a contract with the Delray Beach Community Redevelopment Agency in order to acquire Lots 10 and 11 of Block 30, Town of Linton (now Delray Beach), according to the Plat thereof as recorded in Plat Book 1, Page 3 (Sheet 2) of the Public Records of Palm Beach County, Florida for the amount of forty-six thousand four hundred seventy-three dollars and 36 cents (US$46,473.36). Section 2. That the terms and conditions contained in the aforementioned contract for the acquisition and purchase of the real property described above are hereby incorporated herein as Exhibit "A" and can be further reviewed in the office of the City Clerk, 100 N.W. 1st Avenue, Delray Beach, Florida. PASSED AND ADOPTED in regular sessiclo on this the/FcA day MAYOR ATTEST: Ci~y~lerk - - / CONTRACT FOR SALE AND PURCHASE DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY, a public agency created pursuant to Chapter 163, ("Seller"), and CITY OF DELRAY BEACH, a Florida municipal corporation, ("Buyer"), hereby agree that the Buyer shall purchase the following real property ("Real Property") upon the following terms and conditions: I. DESCRIPTION: Lots 10 and 11, Block 30, Town of Linton (now Delray Beach), according to the Plat thereof recorded in Plat Book 1, page 3 (sheet 2), of the Public Records of Palm Beach County, Florida. II. PURCHASE PRICE ................................ US$46,473.36. 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 October 18, 2000 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. IV. TITLE EVIDENCE: At least 1 day 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 October 18, 2000, 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 !/2 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. 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 glIlIBIT "l~' 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 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 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 titl6 defect. C. Ingress 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 -2- 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. 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, closing statement, mortgage, mortgage note, security agreement, and financial statements. I. Expenses: Documentary stamps on the warranty deed and recording corrective instruments shall be paid by Seller. Recording 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 -3- 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. Inspection, Repair and Maintenance: Seller warrants that, as of ten (10) days prior to closing, the ceiling, roof (including the fascia and soffits) and exterior and interior walls do not have any VISIBLE EVIDENCE of leaks or water damage and that the septic tank, pool, all major appliances, heating, cooling, electrical, plumbing systems and machinery are in WORKING CONDITION. Buyer may, at Buyer's expense, having inspections made of those items by an appropriately Florida license person dealing in the construction, repair or maintenance of those items and shall report in writing to Seller such items that do not meet the above standards as to defects together with the cost of correcting them, prior to Buyer's occupancy or not less than ten (10) days prior to closing, whichever occurs first. Unless Buyer reports such defects within that time Buyer shall be deemed to have waived Seller's warranties as to defects not reported. If repairs or replacement are required, Seller shall pay up to three percent (3 %) of the purchase price for such repairs or replacements by an appropriately Florida licensed person selected by Seller. If the cost for such repairs or replacement exceeds three percent (3%) of the purchase price, Buyer or Seller may elect to pay such excess, failing which either party may cancel this agreement. If Seller is unable to correct the defects prior to closing, the cost thereof shall be paid into escrow at closing. Seller will, upon reasonable notice, provide utilities service for inspections. Between the effective date and the closing, Seller shall maintain property including but not limited to the lawn and shrubbery, in the condition herein warranted, ordinary wear and tear excepted. Buyer shall be permitted access for inspection of property prior to closing in order to confirm compliance with this standard. M. 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 cancelling the agreement and receiving return of deposit(s). N. 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 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 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 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. O. 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. P. 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. Q. 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. R. Other Agreements: No prior or present agreements or representations shall be binding upon Buyer or Seller unless included in this Contract. No modification or -5- 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. S. 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: SELLER: City of Delray Beach Delray Beach Community Redevelopment Agency By: By: David Schmidt, Mayor Chairman ATTEST: ATTEST: City Clerk Approved as to Form: Print Name City Attorney -6- Palm Beach County Property Appraiser Property Search System Page 1 of 2 Palm Beach County Property Appraiser Public Access System GAR Y R. NIKOLITS, CFA Owner Information Situs Address I] Parcel ControlNumber 11122 SW 4TH AVE 1[12-43-46-16-01-030-0100 Confirmation Information Subdivision:][DELRAY TOWN OF Mailing]l?4 Address:il_ N SWINTON AVE }DELRAY BEACH FL'33444 2632 BLK 30 Sale [ Date:[ 2000 Proposed Appraisal Improvement Value: Land Value:Il Market Value: Use Code:}~-i-0~[ $78,17311 Number of Units:}l ,: ,oooll $106,17311 Acres:Il Description:][SINGLE FAMILY Total Sq. Ft:I Petition No: [000000 1999 Certified Tax 2000 Assessed & Taxable values Non ad valorem:Il o.ooll ss ss a Exemption amount:II Total:Il $0.00ll Taxable:Il 2000 Exemption $106'173'00{I $106,173 $0.00 D . .. HFULL: MUNICIPAL escnpuon: ]GOVERNMENT Exemption DELRAY BEACH Holder: [COMMUNITY http ://www2.co.palm-beach.fl.us/papa/detail_info.asp?p_entity= 124346160103 O01 O0 10/11/2000 Palm Beach County Property Appraiser Property Search System Page 2 or'2 Sales Information Ju1-1999 11212 1597 Oct-1975 II 02469 II 1645 Price I[Instrument $58 500WARP~NTY $14011SHEPdFF DEED Please send comments to: propapp(-~co, palrn-beach.fl, us> Copyright © 1997 by Palm Beach County Property Appraiser All Rights Reserved http://www2.co.palm-'beach.fl.us/papa/detail_info.asp?p_entity= 12434616010300100 10/11/2000 .MapQuest · Map Search Result Page I o1'2 Step 1: Plan vacation. Home I Help? / Business Traveler info "~ Least're Info -"~'-~i,[~j.i:,llr,-,v,~ City Gu~0e Index I Maps I Dnvmg D~recgons I Ltve Traffic Reports I Yellow &White Pages Map Options · D~rechons To This L_o_ca_tt_o_n · Direcbons From Th~s Locabon · Get a New Map Advanced Opbons · Customize Map · Add Locations ~' MyMapQuest ~ Book Travel I Mowng Center I MapStore Travel Deals Sponsored b · Check ho fhgBts and h Map Search Result HELP ? 122 SW 4TH AVE, DELRAY BEACH, FL, Savethls 2508, US A_ddress ])II1J Sponsors O ~'~ oM°ney°nGas meineke O lggg MaoC PANNING N wl s Use ~ubject 1 CLICKING ON MAP WILL: SIZE ~) Re-center O Zoom In O Move Locabon ~ ZOOMING Out V V ~ ~ ~ ~ ~Z:omln Continent Re,lion Cit~/ Street ~ ) License/Copyright Map Legend ~' ~oo Live Traffic R · West Pal Traffic Yellow Page Search DEL BEACH for ~n City Guide · SouthF~o · SouthFIo · SouthFIo · SouthFIo Places of Interest HELP Chck checkboxes below to show / remove locatIons on the map, [] Attractions [] Dining [] Education [] Lodging [] Money [] Recreation [] Transportation (Landmarks, Nabonal Parks, Museums, More... ) (Fast Food, Fine D~ning, Memcan, [tahan, More... ) (K-12, Universities, More... ) (Hotels, Motels, Bed & Breakfasts, More... ) (Banks, ATMs, MM_ore... ) (Golf Courses, Ski Areas, Stables, More.., ) (Airports, Train Stabons, Bus Stations, Mor .L.. ) Sponsored Links ~ O 0 '~ O 0 0 O "~ 0 O ... :r01 fb51a7&SNVData=_~mad3-96,hr Yo3ba0q415 ¼.~d ¼3dy2uzt1¼24tw2 ¥o28 ¼_~a211 ¼2bG ~ 0/11/2000 AGREEMENT ("The Agreement") is made this~;.q' day of~~.~ , THIS AGREEMENT 199~_ by and between the CITY OF DELRAY BEACH, a Florida Munkqpal Corporation (the "City"), and the DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY, ("CRA"). WITNESSETH: WHEREAS, the CRA is acquiring property known as the Carter Property on SW 4~ Avenue which consists of lots 10, ! 1, and 12, Block 30, City of Delray Beach; and WHEREAS, there are homes on lots 11 and 12 that will be demolished by CRA; and WHEREAS, vacant lots 10 and 11 will be sold to the City so that the City retention pond on lot 9 can be enlarged; and WHEREAS, the City has determined that it is in the public interest for the City to pay two-thirds of the costs incurred by CRA in the demolition and purchase of the properties. NOW THEREFORE, for the mutual covenants and conditions contained in this Agreement, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereby agree as follows: 1. Incorporation of Recitals. The parties hereby represent and warrant that the above recitals are accurate and correct and the recitals are hereby incorporated as if fully set forth in this Agreement. 2. City's Obligation for Costs. The City shall be responsible for two-thirds the cost of demolition of the buildings upon lots 11 and 12, and two-thirds of the costs of the surveys, appraisals, reports, closing costs and attorney's fees incurred by CRA for the acquisition of lots 10, 11 and 12, Block 30, City of Delray Beach. The City shall remit its share of the costs as set forth in this agreement within 30 days of receipt of an invoice from CRA. CRA shall indemnify, defend and hold harmless the City, its officers, agents, employees and assigns from any claim, suit, cause of action or loss incurred as a result of any act or omission with regard to the demolition of the buildings upon lots 11 and 12. 4. Binding Effect. All of the terms and provisions of this Agreement shall be binding upon, inure to the benefit of, and be enforceable by, the parties hereto and their respective heirs, successors, legal representatives, and permitted assigns. 5. Amendments. This Agreement may not be amended, modified, altered, or changed in any respect, except by a further agreement in writing duly executed by each of the parties hereto. 6. Third Parties. Nothing in this Agreement, whether express or implied, is intended to confer any rights or remedies under or by reason of this Agreement upon any person other than the parties hereto and their respective heirs, successors, legal representatives, and permitted assigns, nor is anything in this Agreement intended to relieve or discharge the obligation or liability of any third persons to any party to this Agreement, nor shall any provision thereof give any third person any right of subrogation or action over or against any party to this Agreement. IN WITNESS WHEREOF, said City of Delray Beach, acting by and through its City Commission as the governing body, has caused this agreement to be executed in its name and on its behalf by the Mayor of said Commission, its official seal to be hereunto affixed, attested by the Clerk of said City, and CRA has caused this agreement to be executed in its behalf by its legal and official representative, its official seal to be hereunto affixed, the day and year first above written. ATTEST: City Clerk Appro~d a~~_.~_: TI-[E CITY OF DELRAY BEACH, a Florida Municipal Corporation By: ~ ~.~.~,, ....Mayor, .~ay AlUm ATTEST: Print Name DELRAY BEACH COMMUNITY REDE~MENT AGENCY LOT g ,~ ~/~. BLOCK .70 LOT 10 ~ OCK ~0 ...... eLOCK L 0 T 12 BLOCK ~0 ~le' 135.6' MOO LO~ BLOCK [ITY OF DELRI:I¥ BEI:I[H CITY ATTORNEY'S OFFICE DELRAY BEACH AlI.Amedca City 1993 DATE: TO: FROM: SUBJECT: 200 NW ls! AVENUE ° DELRAY BEACH, FLORIDA 33444 TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755 Writer's Direct Line (561) 243-7090 October 11, 2000 City Commission David T. Harden, City Manager II Jay T. Jambeck, Assistant City Attome~ Contract and Resolution for Purchase ot~lLots 10 & 11, Block 30 Attached please find a contract for the sale and purchase of lots 10 & 11, Block 30, Delray Beach, along with a resolution incorporating and accepting the terms of the contract. The price to be paid by the City, if the contract is approved, is forty-six thousand four hundred seventy-three dollars and 36 cents (US$46,473.36). This property is being purchased from the CRA pursuant to a prior agreement between the City and the CRA where the City agreed to pay 2/3 of CRA's costs in acquiring lots 10, ! 1 and 12, and to pay 2/3 of the cost for the demolition of structures upon lots 11 and 12. The City agreed to subsequently purchase lots 10 and 1! from the CRA. (See prior agreemem attached hereto) The lots are currently being used and will continue to be used by the City for stormwater retemion. The figure of $46,473.36 includes the City's share of the cost expended by CRA for the acquisition of the lots and the demolition, along with the price paid by CRA for lots 10 and 11. If you have any questions, please do not hesitate to contact our office. Attachment cc: Bob Federspiel, Esq. City Of Delray Beach Department of Environmental Services M E M 0 R A N D U M TO: FROM: DATE: SUBJECT: David T. Harden, City Manager Randa, L. Krejcarek, P.E., City Engineer~.~/~ 12 Oct 2000 SW 4t~ Avenue Retention Pond Expansion Commission Agenda Item Project # 1999-061 The attached agenda item is for the purchase of two single-family residential lots for the Community Redevelopment Authority (CRA) for the purpose of expanding the existing retention pond. The existing pond is located on the southwest corner of SW 4h Avenue and SW 1st Street. The existing pond was found to be significantly undersized, causing significant flooding along SW 4th Avenue and within the Police Department parking lot. The purchase of these two lots allowed the capacity of the existing pond to be do~bled. ' · ' enc cc: Richard Hasko, P.E., Environmental Services jDepartment Director file t~ESSRVOO2tDEPARTMENTS~ngAdmtn~Projects[lgggt99-O61~OFFIClAL~agendamemo 17oct2000. doc Thursday, October 12, 2000 ~¢L~SS. FSO Thursday, October 5, 2000 CLASSIFIED