Res 82-00RESOLUTION NO. 82-00
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AUTHORIZING THE CITY TO
PURCHASE FROM SELLER CERTAIN REAL PROPERTY IN THE
CITY OF DELRAY BEACH, DESCRIBED AS THAT PART OF LOTS
10 AND 11, BLOCK 1, MODEL LAND COMPANY'S SUBDIVISION IN
SECTION 21, TOWNSHIP 46 SOUTH, RANGE 43 EAST, PALM
BEACH COUNTY, FLORIDA, LOCATED ON THE EAST SIDE OF U.S.
HIGHWAY #1, SOUTH OF KNOWLES PARK, AS MORE
PARTICULARLY DESCRIBED HEREIN; AND INCORPORATING
AND ACCEPTING THE CONTRACT AND TERMS OF THE
CONTRACT FOR SALE AND PURCHASE BETWEEN THE CITY OF
DELRAY BEACH AND EDUARDO AND JAMES ODABASHIAN.
WHEREAS, the City of Delray Beach, Florida, wishes to acquire that part of Lots 10 and
11, Block 1, Model Land Company's Subdivision in Section 21, Township 46 South, Range 43 East,
Palm Beach County, Florida, located on the east side of U.S. Highway #1, for the municipal purpose of
recreational amenities; 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 DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the City Commission of the City of Delray Beach, Florida, as Buyer,
hereby agrees to enter into a contract with Eduardo and James Odabashian, as Sellers, in order to acquire
certain real property in the City of Delray Beach to provide for recreational amenities, for the purchase
price of One Hundred Forty Thousand Dollars (US$140,000.00), and other good and valuable
consideration; said property being more particularly described as follows:
That part of Lots 10 and 11, Block 1, MODEL LAND COMPANY'S
SUBDIVISION in Section 21, Township 46 South, Range 43 East, Palm
Beach County, Florida, lying East of the East right-of-way line of U.S.
Highway No. 1 (State Road No. 5), and between the Westerly extension of
the North and South boundaries of Lot 27, Block 2 of said Subdivision,
according to the Plat on file in the Office of the Clerk of the Circuit Court in
and for Palm Beach County, Florida, as recorded in Plat Book 1, Page 128,
TOGETHER WITH IMPROVEMENTS THEREON.
(Also described as being part of said Lots 10 and 11, Block 1, MODEL
LAND COMPANY'S SUBDIVISION of said Section 21-46-43 as recorded
in Plat Book 1, Page 128, being more particularly described as follows:
Begin at the Southwest Comer of Lot 27, Block 2 of said MODEL LAND
COMPANY'S SUBDIVISION of Section 21-46-43 for a POINT OF
BEGINNING; thence mn West to the East right-of-way line of U.S.
Highway No. 1 as set forth in Deed Book 1070, Page 489, Palm Beach
County records; thence mn Northerly along the East right-of-way line of
U.S. Highway No. 1, a distance of 100.00 feet to a point; thence mn
Easterly, parallel to the South line herein mentioned to the West line of said
Lot 27, Block 2; thence South along the West line of said Lot 27, Block 2 to
the POINT OF BEGINNING.
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.
Section 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 "A".
PASSED AND ADOPTED in regular session on this the 17TM day of October, 2000.
MAYOR
ATTEST:
- - ' City Clerl~ - -~ ' ' -- - t
-2- Res. No. 82-00
AZAL£A RO
SUBS
ODABACHIAN PROPER~
CONTRACT FOR SALE AND PURCHASE
EDUARDO & JAMES ODABASHIAN, ("Sellers"), 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"
II. PURCHASE PRICE: $140,000.00
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 October 18, 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.
V. CLOSING DATE: This transaction shall be closed and the deed and other closing
papers delivered on or before November 18, 2000, unless extended by other provisions of
Contract. This closing is contingent upon the Buyer receiving grant funds from either
Palm Beach County or the Florida Inland Navigational District by November 1, 2000 for
the full amount of the purchase price. If Buyer fails to receive grant funds, from either
one of the entities mentioned above, in an amount equal to the purchase price, Buyer
shall have the right at its election to: (i) terminate this contract; (ii) waive this
contingency; or (iii) postpone this closing and contingency for up to thirty (30) days. The
Buyer shall provide written notice of its election to Seller no later than 5:00 p.m. on
November 18, 2000, to close on this contract between the Buyer and Seller.
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 1/2 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
community facility 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.
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 title 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: 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 improvemems 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.
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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 statutory warranty 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 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. 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,
-3-
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 confu'm compliance with this standard.
M. Risk of Loss: If the property is damaged by f~re 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 agreemem 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 rec6iving 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. (1997), 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 (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 fights 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.
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 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.
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 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 tha{ 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.
ATTEST:
City Clerk"
BUYER: City of Delray Beach
Mayor
Approved as t6 Form.' _.j.~..
By:/~~/
:~),~ City Attorney
WITNESSES:
(pr.inlt//~/£ (_<- ,~2~og type na~/~
(print or type name)
SELLERS:
By:
By:
J~es Odabashian
STATE OF Florida
COUNTY OF Broward
f The foregoing instmment was acknow/¢//before me this /,5- day of
.% v,4~', 2000, by EDUARDO ODABASH~.~_//Q ,~...,
~... Nai Jen Lambert Wu Sigff~'m~ ofjN~ ~ublic - State of Florida
_...-~,~T~---~-.~. Commission # CC 787393 Nai ~en Lambert Wu
-~;, ..,~_. J~.-"' Expires NOV. 1, ZOO2~ ......
· . ,,,.-'"?'~'~g ..t~off~o~,.to.~ou,,.c Prmt, Type. or Stamp Commissioned Name
of Notary Public
Personally Known / OR Produced Identification
Type of Identification Produced:
STATE OF
COUNTY OF
The foregoing instrument was acknowJgddj//before me this ~ day of
2000. // //h
- 0 -' /h ¢
.... . ..... Signa/tu~ of/N~'t~ry Public - State of Florida
.e~¢~2,,, ua~ den Lamoert Wu
f?~{,'~'i~_Commisslon # CC 7873~3 Nat J~; Lamb;rt Wu
~,}~ Expires ~V. 1, ~00l
r~ &~C ~OND~NG CO I~d~
Print, Type, or Stamp Commissioned Name
of Notary Public
/
Personally Known ~/ OR Produced Identification
Type of Identification Produced:
-6-
CITY DF DELRrI¥ BErI£H
CITY ATTORNEY'S OFFICE
DELRAY BEACH
Ail. America City
1993
DATE:
TO:
FROM:
200 NW 1st AVENUE · DELRAY BEACH, FLORIDA 33444
TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755
Writer's D~rect Line: 561/243-7091
October 11, 2000
City Commission
Brian Shutt, Assistant City Attorney
SUBJECT: Sale and Purchase of Odabashian Property
The purchase of this property would allow the City to improve its access to the F.I.N.D.
parcel as well as provide for additional parking. This property is located on the east side
of northbound Federal Highway just south of Knowles Park. The essential terms of the
purchase are as follows:
2.
3.
4.
The City shall purchase the property for $140,000.00.
The closing date shall be prior to November 18, 2000.
The City will pay for title insurance and recording of the deed.
The Seller shall pay all documentary stamps and the cost of any cure to the title
and satisfaction of an existing mortgage, if any.
The closing is contingent upon the City receiving grant funds for the full purchase
amount. If the City does not receive grant funds for the full amount of the
purchase the City may terminate the contract, waive the contingency or postpone
the closing for up to 30 days.
Please call if you have any questions regarding the Contract for Sale and Purchase.
By copy of this memorandum to David Harden, City Manager, our office requests that
this resolution incorporating the Contract for Sale and Purchase be placed on the October
17, 2000 City Commission agenda.
Attachment
CC:
David Harden, City Manager
Alison MacGregor Harty, City Clerk
Joe Weldon, Director of Parks and Recreation
Tuesday, Oclx~ber 10, 2000
· I00
CITY OF DELRAY BEACH, FLORIDA
NOTICE OF INTENT TO ACQUIRE REAL PROPERTY
NOTICE IS HEREBY GIVEN that the City of Delray Beach, Florida, has
determined it to be in the best interests of the City to purchase certain real property for municipal
purposes, more particularly described as follows:
That part of Lots 10 and 11, Block 1, MODEL LAND
COMPANY'S SUBDIVISION in Section 21, Township 46 South,
Range 43 East, Palm Beach County, Florida, lying East of the East
right-of-way line of U.S. Highway No. 1 (State Road No. 5), and
between the Westerly extension of the North and South boundaries
of Lot 27, Block 2, of said Subdivision, according to the Plat on
file in the Office of the Clerk of the Circuit Court in and for Palm
Beach County, Florida, as recorded in Plat Book 1, Page 128;
TOGETHER WITH IMPROVEMENTS THEREON.
The purchase is for One Hundred Forty Thousand Dollars (US$140,000.00) and is subject to the
terms and conditions of the contract on file with the City Clerk. A Resolution of the City
Commission of the City of Delray Beach, Florida, authorizing the purchase of property and
incorporating the terms and conditions of such purchase will be considered for adoption by the
City Commission at a regular meeting to be held on Tuesday, October 17, 2000 (or at any
continuation of such meeting which is set by the Commission) at 6:00 p.m. in the Commission
Chambers at City Hall, 100 N.W. 1st Avenue, Delray Beach, Florida.
PUBLISH: Delray Beach News CITY OF DELRAY BEACH
October 3, 2000 Alison MacGregor Harty
October 10, 2000 City Clerk
Instructions to Newspaper: This is a standard legal ad to be placed in the legal/classified
section. Thank you.
Ref:Notice of Intent to Acquire. Odabashian Property
[ITY OF DELRri¥ BErlEH
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
Wnter's Direct Line: 561/243-7091
MEMORANDUM
September 19, 2000
Alison MacGregor Harty, City Clerk
Brian Shutt, Assistant City Attorney
SUBJECT: Contract for Sale and Purchase - Odabashian Parcel
Attached please f'md the legal description of the property the City intends to purchase.
This item will be on the October 17 City Commission agenda. Please publish the notice
of intent to acquire property on October 3 and October 10. Please call if you have any
questions.
Attachment
cc: Joe Weldon
RECEIVED
q~/oo
CITY CLERK