Res 45-06
RESOLUTION NO. 45-06
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF DELRA Y BEACH, FLORIDA, AUTHORIZING THE CITY
TO PURCHASE FROM THE SCHOOL BOARD OF PALM
BEACH COUNTY ("SCHOOL BOARD") 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 SCHOOL BOARD AND THE CITY OF DELRA Y BEACH,
FLORIDA.
WHEREAS, the City of Delray Beach, Florida, wishes to acquire certain property located at
2501 Seacrest Boulevard to construct a soccer complex; and
WHEREAS, the School Board 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 ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRA Y BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the City Commission of the City of Delray Beach, Florida, as Buyer, hereby
agrees to purchase from the School Board of Palm Beach County, as Seller, land to construct a
soccer complex for recreational purposes, for the purchase price of Eight Hundred Thirty-Four
Thousand Seven Hundred Fifty Dollars ($834,750.00), and other good and valuable consideration,
said parcel being more particularly described as follows:
Begin at the Southeast comer of the Plat of De Carie Subdivision
according to the Plat thereof recorded in Plat Book 24 at Page 102 of
the Public Records of Palm Beach County, Florida, said comer lying
on the westerly right of way line of the Florida East Coast Railroad;
thence S07048'11''W along said westerly railroad right of way for a
distance of 682.32 feet; thence departing from said railroad right of
way S89016'05"W for 196.82 feet; thence N00043'55''W for 46.67
feet; thence S89016'05"W for 136.00 feet; thence NOOO43'55''W for
23.79 feet; thence S89016'05''W for 117.14 feet; thence N00043'55''W
for 604.30 feet; to a point on the south line of said plat of De Carie
('
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 School Board are
incorporated herein.
PASSED AND ADOPTED in reguhr session on the \ ~y of 0~~
2006. )
ATTEST:
~RL~
~ ~. ~~L~I
City Clerk
2
RES. NO. 45-06
AGREEMENT FOR SALE AND PURCHASE
THIS AGREEMENT made and entered into this day of 20_,
by and between THE SCHOOL BOARD OF PALM BEACH COUNTY, FLORIDA
(hereinafter referred to as "SELLER") whose address is 3300 Forest Hill Boulevard, B-246,
West Palm Beach, Florida 33406, and the CITY OF DELRA Y BEACH, FLORIDA
(hereinafter referred to as "BUYER") whose address is 100 N.W. 1st Avenue, Delray
Beach, FL 33444
For and in consideration of mutual covenants set forth herein and other good and
valuable consideration, the sufficiency and receipt of which is hereby acknowledged, and in
further consideration of the terms and conditions hereinafter set forth, the parties hereto,
intending to be legally bound, agree as follows:
1. AGREEMENT TO SELL AND BUY
The SELLER hereby agrees to sell to the BUYER and the BUYER hereby agrees to buy
from the SELLER, subject to the terms and conditions hereinafter set forth, that certain
property in Palm Beach County, Florida, legally described as follows:
Begin at the Southeast corner of the Plat of De Carie Subdivision according
to the Plat thereof recorded in Plat Book 24 at Page 102 of the Public
Records of Palm Beach County, Florida, said corner lying on the westerly
right of way line of the Florida East Coast Railroad; thence S07048'11"W
along said westerly railroad right of way for a distance of 682.32 feet; thence
departing from said railroad right of way S89016'05"W for 196.82 feet; thence
NOoo43'55"W for 46.67 feet; thence S89016'05"W for 136.00 feet; thence
NOoo43'55"W for 23.79 feet; thence S89016'05'W for 117.14 feet; thence
NOoo43'55"W for 604.30 feet; to a point on the south line of said plat of De
Carie Subdivision; thence N89016'05"E along the south line of said plat for a
distance of 551.23 feet to the point of beginning.
together with all and singular the rights and appurtenances pertaining thereto (hereinafter
referred to as the "Property").
2. PURCHASE PRICE
A. The purchase price is the sum of Eight Hundred Thirty-Four Thousand
Seven Hundred Fifty Dollars ($834,750.00) payable at time of closing by
Cashiers check. At such time as the purchase price is paid, the aforesaid
deed shall be delivered to the BUYER.
B. Purchase Price set out in Section 2.A. above is based upon 7.42 acres. In
the event that the actual surveyed acreage is more or less, the Purchase
Price shall be adjusted up or down in the amount of $112,500.00 per acre
based on the surveyed acreage of the Property actually purchased and sold.
3. TIME FOR ACCEPTANCE
If this Agreement is not executed by the SELLER and the BUYER on or before September
31, 2006, this Agreement shall be null and void. The date of agreement, for purposes of
performance, shall be regarded as the date when the last one of the SELLER and the
BUYER has signed this Agreement.
4. CLOSING DATE
This Agreement shall be closed and the deed and possession shall be delivered on or
before October 1, 2006; unless extended by other provisions of this Agreement.
5. EVIDENCE OF TITLE
BUYER may obtain a title commitment proposing to insure BUYER's title to the Property.
All costs associated with the title search and all title policy premiums shall be paid by
BUYER. If title is found defective, BUYER shall notify SELLER in writing specifying
defect(s). If defect(s) render title unmarketable, SELLER will have a reasonable amount of
time, not to exceed sixty (60) days, from receipt of notice within which to remove the
defect(s). 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.
6. CONVEYANCE
SELLER shall convey title to the Property to the BUYER by Special Warranty Deed. The
Property shall be conveyed in an AS IS, WHERE IS manner without any express or implied
warranties or representations outside of SELLER's ownership interest.
7. ADDENDUM PROVISIONS
Any provisions in an attached Addendum to this Agreement signed by the BUYER and the
SELLER shall control any printed provisions herein in conflict therewith.
2
8. OTHER AGREEMENTS
No agreements or representations, unless incorporated in this Agreement shall be binding
upon any of the parties. No modification or change in this Agreement shall be valid or
binding upon the parties unless in writing and executed by the party or parties intended to
be bound by it.
9. DOCUMENTS FOR CLOSING
The BUYER shall prepare the deed, and the closing statement and submit copies of the
same to SELLER's attorney, at least five (5) days prior to scheduled closing date.
10. EXPENSES
State documentary stamps, if required, and recording costs shall be paid by the BUYER.
11. PLACE OF CLOSING
Closing shall be held at the office of the SELLER or as otherwise agreed upon.
12. TIME IS OF THE ESSENCE
Time is of the essence of this Agreement for Sale and Purchase.
THE SCHOOL BOARD OF PALM BEACH
COUNTY, FLORIDA
BY
Thomas E. Lynch, Chairman
ATTEST
BY
Arthur C. Johnson, Ph.D.,
Superintendent
Board Approval Date:
Reviewed And Approved As To Legal
Form
School Board Attorney
Date:
3
Signed in the presence of two witnesses
Print Name:
Print Name:
Approved for Form and
Legal Sufficiency:
City Attorney
CITY OF DELRAY BEACH, FLORIDA
Jeff Perlman, Mayor
ATTEST:
Chevelle Nubin, City Clerk
4
[IT' OF DElRRY BER[H
, .
CITY ATTORNEY'S OFFICE
, '<\\ 1,\ AVE\' ! .: 'lV\Y BEACH. FLORIDA 33444
I ! 'Iii l\ I 'h I . f,\CSIM ILE: 56]/278-4755
Writer's Direct Line: 561/243-7090
DELRAY BEACH
II.I.e:d
AII.America City
, III I! ~:~E:
1993
2001
MEMORANDUM
June 15, 2006
FROM:
City Commission A ~
David T. Harden, City Manager f1V \ /
Terrill Barton, Assistant City Attorney
SUBJECT: Resolution No. 45-06
Attached please find Resolution No. 45-06, which authorizes the City to purchase
property located at 2501 Seacrest Boulevard (old Atlantic High School site) from
the School Board of Palm Beach County for the construction of a soccer complex
for recreational purposes. The purchase price is $112,500 per acre for 7.42 acres
with a total purchase price of $834,750.00. Also attached please find the Contract
for the Sale and Purchase of the above-referenced property.
Please place the resolution and supporting documents on the agenda for the July
11, 2006 City Commission meeting for public hearing.
TCB:smk
Attachments
cc: Chevelle Nubin, City Clerk
Richard Hasko, Director of Environmental Services
Joseph Weldon, Director of Parks & Recreation
Tom Kwiatek, Recreation Supervisor IV
\\){\
RESOLUTION NO. 45-06
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRA Y BEACH, FLORIDA, AUTHORIZING THE CITY TO
PURCHASE FROM THE SCHOOL BOARD OF PALM BEACH COUNTY
("SCHOOL BOARD") 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 SCHOOL BOARD AND THE CITY OF DELRA Y
BEACH, FLORIDA.
WHEREAS, the City of Delray Beach, Florida, wishes to acquire certain property located at 2501
Seacrest Boulevard to construct a soccer complex; and
WHEREAS, the School Board 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 ORDAINED BY THE CITY COMMISSION OF THE CITY OF
DELRA Y BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the City Commission of the City of Delray Beach, Florida, as Buyer, hereby agrees
to purchase from the School Board of Palm Beach County, as Seller, land to construct a soccer complex for
recreational purposes, for the purchase price of Eight Hundred Thirty-Four Thousand Seven Hundred Fifty
Dollars ($834,750.00), and other good and valuable consideration, said parcel being more particularly
described as follows:
Begin at the Southeast comer of the Plat of De Carie Subdivision according
to the Plat thereof recorded in Plat Book 24 at Page 102 of the Public
Records of Palm Beach County, Florida, said comer lying on the westerly
right of way line of the Florida East Coast Railroad; thence S07048' II"W
along said westerly railroad right of way for a distance of 682.32 feet; thence
departing from said railroad right of way S89016'05"W for 196.82 feet;
thence Noo043'55"W for 46.67 feet; thence S89016'05"W for 136.00 feet;
thence Noo043'55"W for 23.79 feet; thence S89016'05"W for 117.14 feet;
thence Noo043'55"W for 604.30 feet; to a point on the south line of said plat
of De Carie Subdivision; thence N89016'05"E along the south line of said
plat for a distance of 551.23 feet to the point of beginning.
Section 2. That the terms and conditions contained in the Contract for Sale and Purchase and
addenda thereto between the City of Del ray Beach, Florida, and the School Board are incorporated herein.
PASSED AND ADOPTED in regular session on the _ day of , 2006.
ATTEST: MA YOR
City Clerk
2
RES. NO. 45-06
, .
AGREEMENT FOR SALE AND PURCHASE
THIS AGREEMENT made and entered into this day of 20_,
by and between THE SCHOOL BOARD OF PALM BEACH COUNTY, FLORIDA
(hereinafter referred to as "SELLER") whose address is 3300 Forest Hill Boulevard, B-246,
West Palm Beach, Florida 33406, and the CITY OF DELRA Y BEACH, FLORIDA
(hereinafter referred to as "BUYER") whose address is 100 N.W. 1st Avenue, Delray
Beach, FL 33444
For and in consideration of mutual covenants set forth herein and other good and
valuable consideration, the sufficiency and receipt of which is hereby acknowledged, and in
further consideration of the terms and conditions hereinafter set forth, the parties hereto,
intending to be legally bound, agree as follows:
1. AGREEMENT TO SELL AND BUY
The SELLER hereby agrees to sell to the BUYER and the BUYER hereby agrees to buy
from the SELLER, subject to the terms and conditions hereinafter set forth, that certain
property in Palm Beach County, Florida, legally described as follows:
Begin at the Southeast corner of the Plat of De Carie Subdivision according
to the Plat thereof recorded in Plat Book 24 at Page 102 of the Public
Records of Palm Beach County, Florida, said corner lying on the westerly
right of way line of the Florida East Coast Railroad; thence S07048'11 "W
along said westerly railroad right of way for a distance of 682.32 feet; thence
departing from said railroad right of way S89016'05"W for 196.82 feet; thence
NOoo43'55"W for 46.67 feet; thence S89016'05"W for 136.00 feet; thence
NOoo43'55"W for 23.79 feet; thence S89016'05"W for 117.14 feet; thence
NOoo43'55"W for 604.30 feet; to a point on the south line of said plat of De
Carie Subdivision; thence N89016'05"E along the south line of said plat for a
distance of 551.23 feet to the point of beginning.
together with all and singular the rights and appurtenances pertaining thereto (hereinafter
referred to as the "Property").
2. PURCHASE PRICE
A. The purchase price is the sum of Eight Hundred Thirty-Four Thousand
Seven Hundred Fifty Dollars ($834,750.00) payable at time of closing by
Cashiers check. At such time as the purchase price is paid, the aforesaid
deed shall be delivered to the BUYER.
, .
B. Purchase Price set out in Section 2.A. above is based upon 7.42 acres. In
the event that the actual surveyed acreage is more or less, the Purchase
Price shall be adjusted up or down in the amount of $112,500.00 per acre
based on the surveyed acreage of the Property actually purchased and sold.
3. TIME FOR ACCEPTANCE
If this Agreement is not executed by the SELLER and the BUYER on or before September
31, 2006, this Agreement shall be null and void. The date of agreement, for purposes of
performance, shall be regarded as the date when the last one of the SELLER and the
BUYER has signed this Agreement.
4. CLOSING DATE
This Agreement shall be closed and the deed and possession shall be delivered on or
before October 1, 2006; unless extended by other provisions of this Agreement.
5. EVIDENCE OF TITLE
BUYER may obtain a title commitment proposing to insure BUYER's title to the Property.
All costs associated with the title search and all title policy premiums shall be paid by
BUYER. If title is found defective, BUYER shall notify SELLER in writing specifying
defect(s). If defect(s) render title unmarketable, SELLER will have a reasonable amount of
time, not to exceed sixty (60) days, from receipt of notice within which to remove the
defect(s). 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.
6. CONVEYANCE
SELLER shall convey title to the Property to the BUYER by Special Warranty Deed. The
Property shall be conveyed in an AS IS, WHERE IS manner without any express or implied
warranties or representations outside of SELLER's ownership interest.
7. ADDENDUM PROVISIONS
Any provisions in an attached Addendum to this Agreement signed by the BUYER and the
SELLER shall control any printed provisions herein in conflict therewith.
2
8. OTHER AGREEMENTS
No agreements or representations, unless incorporated in this Agreement shall be binding
upon any of the parties. No modification or change in this Agreement shall be valid or
binding upon the parties unless in writing and executed by the party or parties intended to
be bound by it.
9. DOCUMENTS FOR CLOSING
The BUYER shall prepare the deed, and the closing statement and submit copies of the
same to SELLER's attorney, at least five (5) days prior to scheduled closing date.
10. EXPENSES
State documentary stamps, if required, and recording costs shall be paid by the BUYER.
11. PLACE OF CLOSING
Closing shall be held at the office of the SELLER or as otherwise agreed upon.
12. TIME IS OF THE ESSENCE
Time is of the essence of this Agreement for Sale and Purchase.
ATTEST
THE SCHOOL BOARD OF PALM BEACH
COUNTY, FLORIDA
BY
Thomas E. Lynch, Chairman
BY
Arthur C. Johnson, Ph.D.,
Superintendent
Board Approval Date:
Reviewed And Approved As To Legal
Form
School Board Attorney
Date:
3
, .'
Signed in the presence of two witnesses
Print Name:
Print Name:
Approved for Form and
Legal Sufficiency:
City Attorney
CITY OF DELRAY BEACH, FLORIDA
Jeff Perlman, Mayor
ATTEST:
Chevelle Nubin, City Clerk
4
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NonCE OF INTENT
TO PURCHASE REAL PROPERTY
NOTICE IS HEREBY GIVEN, that the
eiry 01 Delray Beach, Florida. an-
nOLJIce:s its int<<1tion to pU'chase ap-
proximately 7-42 acres of land from
the School Board of Palm Beach
Courty in order 10 construd a socoer
complex tor leereational purposes
The property is located in the nCtth-
eastern corner of the old Atlantic Hiah
Sch:)ol site at 2501 Sea-crest Bouie-
yard, as more parlictJarly described
astollONs:
tj.
101 I.. \(dl \"tlC{'~
ing to the Plat thereof recorded in Pial
Book 24 af p.age 102 of the Public
Recoros of Palm Bea::h Gountr. Flori-
(la, said corner lying on the westerly
rignt 01 way line ot the Florir:la East
Coast RaHroad; theTK:e S07 <legrees
.c8'11''W along said westerly railroad
right ot way for a distance of 662.32
feet; thence depar1ing Trom said rail-
road right of way S89 de-grees
16'OSW for 1 Q6.8.2 fe-et; 1h&nce NOO
degrees 43'SS'W lor 46.67 leel;
thence- S89 degrees 16'05'W for
136.00 feet; tMnce NOO degrees
43'55'W for 23.79 leel; lhence S89
degrees 16'OS"W lor 117.14 leel;
thene e NOO degrees 4:3'S5"W for
604.:30 feet; to a point on.the south
line ot'said plat of De Carle SUbdivi-
sion; thence Na9 degrees 16'OS"E
along the soultl line of said plat for a
distaooe 01551.2.3 leet to the point 01
begrming
Subject to easemenlS, reslrictlons,
limltatlons, and other malters 01
record tor the purchase price of us
$834,750.00. and other good and \lal-
uable conslderalion. A Resolution 01
tI1e Gity- Gomrnssk'ln ot the GIV of Del-
ray Beach. Florida authorizing the
purChase of property and on lhe terms
and COnditiOns set forth above, will be
considered lor adoption by Ihe Cit\f
Commission at a pUblic meeUng to be
held at 700 p.m. on TuesQ~. Jljty 11,
2005.
CITY OF DELRAY BEACH, FLORIDA
By
Ctl(WUe Nubln
ClyOerli
P\bIIsIt June jg. 2006
June26.:IlI06
Boca_WDe~ Beach_'
,
eel ~o (CLh.VLL.--
eC -
c (]A 0 I Cu" rv2---'
28 Boca RatonlDelray Beach News - Monday, June 19,2006 . www.bocanews.com
,\6/0\9
~.
NOTICE OF INTENT
TO PURCHASE REAl PROPERTY
NOTICE IS HEREBY GIVEN, that ltle
City of Delray Beach. florida, an-
nounces its intention to purchase ap-
proximately 7.42 acres of land from
the SchOol Board of Palm Beach
County in order to construct a ~ccer
complex for recreational purposes
The property is located in the north.
eastern comer of the old Atlantic High
SchoOl site a1 2501 Seacrest Boule---
vard. as more particularly described
as follows
Begin al the Southeast corner of the
Plat 01 Oe Carie Subdivision accord-
ing to the Plat thereof recorded in Plat
Book 24 at Page \02 of the Public
Records of Palm Beach County Flori-
da. said corner lying on the westerly
righl 01 way line 01 the Florida East
Coast Railroad: thence S07 degrees
481f',^, along said westerly railroad
right of way for a distance of 682.32
feet: thence deparling hom said rail-
road right of way S89 degrees
t6-05--W for 196,8.2 feet: thence NOO
degrees 4355-W lor 46.67 feet.
thence 589 degrees 16'OS-W for
136.00 feet: thence NOD degrees
43'5S-W lor 23.79 feet thence SB9
degrees lB'OS.W for 117,14 leet
thence NOD degrees 43'55"W for
604.30 feet: to a point an the south
line of said plat 01 De' Carie Subdivi-
sion' tl1ence NB9 degrees 16'05"E
along the south line of said plat lor a
distance 01 55'-23 !eetto the point of
beginning
Subject to easements, restrictions
limitations and other. matters of
record lor the purchase price 01 US
5B34.75000. and o1tler good and val-
uable consideration. A Resolution of
lhe City Commission of the City 01 DeI-
ray Beach, Florida authorizing the
purchase of property and on the terms
and conditions set. forth above, win be
considered for adoption by the City
Commission at a public meeting to be
held at 7:00 p.m 0f'1 Tuesday. July 11
2005
CITY OF DELRAY BEACH. FLORIDA
By:
Chevelle Nubin
City Clerk
Publish: June 19, 2006
June :!Ii, 2006
Boca RatonIDelray Beach News