Res 06-03RESOLUTION NO. 6-03
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, AUTHORIZING THE CITY
TO PURCHASE FROM SELLER CERTAIN REAL PROPERTY
IN PALM BEACH COUNTY, FLORIDA, DESCRIBED LOTS
15-18, BLOCK B, CARVER MEMORIAL PARK SUBDIVISION
LOCATED ON N.W. 15TM AVENUE AS MORE
PARTICULARLY DESCRIBED HEREIN, HEREBY
INCORPORATING AND ACCEPTING THE CONTRACT
STATING THE TERMS AND CONDITIONS FOR THE SALE
AND PURCHASE BETWEEN THE DELRAY BEACH
COMMUNITY DEVELOPMENT CORPORATION AND THE
CITY OF DELRAY BEACH, FLORIDA.
WHEREAS, the City of Delray Beach, Florida, wishes to acquire the vacant property
described as Lots 15-18, Block B, Carver Memorial Park Subdivision located on N.W. 15th Avenue,
for drainage purposes; 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 ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DF.I.RAY 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 Dekay Beach Community Development Corporation, as Seller, land for
drainage purposes for the purchase price of Seventy-Six Thousand Dollars ($76,000.00), and other
good and valuable considerauon; said parcel being more particularly described as follows:
Lots 15-18, Block B, Carver Memorial Park Subdivision according to
the plat thereof on file in the office of the Clerk of Circuit Court in
and for Palm Beach County, Florida.
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 Seller as hereinabove
named are incorporated herein.
2003.
PASSED AND ADOPTED in regular session on the /Oe4ayof~.~~
ATTEST:
City Clerk
MAYOR
2 RES. NO, 6-03
[ITY OF DELRI:I¥ BEI:I[H
CITY ATTORNEY'S OFFICE
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
MEMORANDUM
February 13, 2003
City Commission
David Harden, City Manager
Brian Shutt, Assistant City Attorney
SUBJECT: Resolution 6-03 (Acquisition of CDC Property)
Resolution No. 6-03 authorizes the City to purchase property located on N.W. 15th
Avenue, Delray Beach from the Delray Beach Community Development
Corporation (CDC) for the purchase price of $76,000.00. The purpose of the
acquisition is to provide drainage retention in this area.
The appraised value for these vacant lots was $50,000.00, however, the CDC
purchased these lots for $70,000.00 and also incurred various closing costs and
due diligence activities. The CDC has provided that it will need to recover all of its
costs and expenses associated with these lots so that it may purchase other
vacant lots in the City for first time homebuyers.
Incorporated within the resolution are the terms and conditions of the contract for
sale and purchase. The City will pay all of the expenses of the closings, except
for documentary stamps and prorations.
Please place this item on the February 18, 2003 City Commission agenda. Please
call if you have any questions.
RBS:smk
Attachments
cc: Barbara Garito, City Clerk
Randal Krejcarek, City Engineer
RESOLUTION NO. 6-03
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AUTHORIZING THE CITY TO
PURCHASE FROM SELLER CERTAIN REAL PROPERTY IN PALM
BEACH COUNTY, FLORIDA, DESCRIBED LOTS 15-18, BLOCK B,
CARVER MEMORIAL PARK SUBDIVISION LOCATED ON N.W. 15TM
AVENUE AS MORE PARTICULARLY DESCRIBED HEREIN, HEREBY
INCORPORATING AND ACCEPTING THE CONTRACT STATING THE
TERMS AND CONDITIONS FOR THE SALE AND PURCHASE
BETWEEN THE DELRAY BEACH COMMUNITY DEVELOPMENT
CORPORATION AND THE CITY OF DELRAY BEACH, FLORIDA.
WHEREAS, the City of Delray Beach, Florida, wishes to acquire the vacant property described as
Lots 15-18, Block B, Carver Memorial Park Subdivision located on N.W. 15th Avenue, for drainage
purposes; 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 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 Buyer, hereby agrees
to purchase from the Delray Beach Community Development Corporation, as Seller, land for drainage
purposes for the purchase price of Seventy-Six Thousand Dollars ($76,000.00), and other good and
valuable consideration; said parcel being more particularly described as follows:
Lots 15-18, Block B, Carver Memorial Park Subdivision according to the plat
thereof on file in the office of the Clerk of Circuit Court in and for Palm
Beach County, Florida.
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 Seller as hereinabove named are
incorporated herein.
PASSED AND ADOPTED in regular session on the ~
day of ,2003.
ATTEST:
MAYOR
City Clerk
CONTRACT FOR SALE AND PURCHASE
DELRAY BEACH COMMUNITY DEVELOPMENT CORPORATION, ("Seller"),
of 400 West Atlantic Avenue, De[ray Beach, FL 33444 (Phone: ) and CITY
OF DELRAY BEACH, a Florida municipal corporation, ("Buyer"), of 100 N.W. 1st Avenue,
De[ray Beach, FL 33444 (Phone: 561-243-7000) hereby agree that the Seller shall sell and Buyer
shall buy the following real property ("Property") upon the following terms and conditions:
1. DESCRIPTION: Lots 15-18, Block B, Carver Memorial Park Subdivision.
2. PURCHASE PRICE ................ US $76,000.00
3. TIME FOR ACCEPTANCE; EFFECTIVE DATE; FACSIMILE: If this offer is not
executed by and delivered to all parties OR FACT OF EXECUTION communicated in writing
between the parties prior to such offer being withdrawn by the first party signing, the deposit(s),
if any, will, at Buyer's option, be returned and this 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 or the date the City Commission of the City of Delray Beach approves this Contract. A
facsimile copy of this Contract and any signature thereon shall be considered for all purposes as
originals.
4. TITLE EVIDENCE: At least 30 days from the effective date, Buyer shall obtain a title
insurance commitment.
5. CLOSING DATE: This transaction shall be closed and the deed and other closing
papers delivered following the expiration of the feasibility study period as provided for in
Paragraph L, unless extended by other provisions of the Contract.
6. RESTRICTIONS; EASEMENTS; LIMITATIONS: Buyer shall take title subject to:
comprehensive land use plans, 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 ½ 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.
7. OCCUPANCY: Seller warrants that there are no parties in occupancy other than Seller.
Seller shall deliver occupancy of Property to Buyer 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 its existing condition as of time of taking occupancy
unless otherwise stated herein.
8. TYPEWRITTEN OR HANDWRITTEN PROVISIONS: Typewritten or handwritten
provisions shall control all primed provisions of this Contract in conflict with them.
9. ASSIGNABILITY: Buyer may assign Contract.
10. DISCLOSURES: 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.
STANDARDS FOR REAL ESTATE TRANSACTIONS
A. Evidence of Title: A title insurance commitment issued by a Florida licensed title insurer
agreeing to issue to Buyer, upon recording of the deed to Buyer, an owner's policy of tire insurance in the amount of
the purchase price, insuring Buyer's title to real property, subject only to liens, encumbrances, exceptions or
qualification set forth in this Contract and those which shall be discharged by Seller at or before closing. Seller shall
convey a marketable fire subject only to liens, encumbrances, exceptions or qualifications set forth in this Contract
and those which shall be discharged by Seller at or before closing. Marketable fire shall be determined according to
applicable title standards adopted by authority of The Florida Bar and in accordance with law. Buyer shall have 5
days from the date of receiving a title commitment to examine it. If title is found defective, Buyer shall, within 5
days thereafter, notify Seller in writing specifying defect(s). If the defect(s) render title unmarketable, Seller will
have thirty (30) 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 nnmarketable, use diligent effort to correct defect(s) in tire 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 sarae, may have Real Property surveyed and certified by a registered Florida surveyor. If the survey
discloses encroachment on Real Property or that improvements located thereon encroach on setback lines,
easements, lands of others, or violate any restrictions, Contract covenants or applicable governmental regulation, the
same shall constitute a t~tle defect.
C. Im, ress and Egress: Seller warrants and represems that there is ingress and egress to the
Real Property sufficient for the intended use as described in Paragraph 6, hereof, title to which is in accordance with
Standard A.
D. Intentionally reserved.
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
h~m~edlately 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, subcon-
tractors, 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 prod or will be paid at closing of this
Contract.
F. Place of Closing: Closing shall be held in the county where the Real Property is located,
at the office of the attorney or other closing agent designated by Buyer.
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G. Time: In computing time periods of less than six (6) days, Saturdays, Sundays and state
or national legal holidays shall be excluded. Any time periods provided for herein which shall end on Saturday,
Sunday or a legal holiday shall extend to 5:00 p.m. of the next business day. Time is of the essence in this Contract.
H. Documents for Closing: Seller shall furnish bill of sale, mechanic's lien affidavit,
assignments of leases, and tenant and mortgagee estoppel letters. Buyer shall furnish deed, owner's possession
affidavit, corrective instnmaents and closing statement.
I. Expenses: Documentary stamps on the deed shall be paid by Seller. Recording of
corrective instruments shall be paid by Seller; recording of deed shall be paid by Buyer. Unless otherwise provided
by law or rider to this Contract, charges for the following related title services, namely tiflc or abstract charge, title
examination, and settlement and closing fee, shall be paid by the party responsible for furnishing the title evidence in
accordance with Paragraph 4.
J. Taxesl Assessmentsl Expenses: Taxes, assessments and expenses relative to the
property shall bc paid through thc date of closing, except Buyer shall pay for the 2002 property taxes. In the event
an interim tax bill is not available as of the closing the seller shall escrow adequate funds for thc payment of such
taxes based upon the closing agents estimate.
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 hens 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. Feasibility studies: The Buyer shall have sixty (60) business days following the
Effective Date of this Contract within which to conduct any and all feasibility studies and determinations relative to
the suitability for the acquisition of thc subject property by the Buyer and the Buyer reserves thc express fight 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 prenases to conduct such feasibility studies and determinations, including environmental assays, core
drilling, surveys, soil sampling and other such testing.
M. Risk of Loss: If the property is damaged by fire or other casualty before closing and cost
of restoration does not exceed 3% of the assessed valuation of the Property so damaged, cost of restoration shall be
an obligation of the Seller and closing shall proceed pursuant to the terms of the Contract 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).
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 this Contract. 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 this Contract, Agent may, at
Agenfs 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 jurisdictmn shall determine the rights of the parties or Agent may deposit
with the clerk of the ctrcuit court having jurisdiction of the dispute. Upon notifying all parties concerned of such
action, all liabihty 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., 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
-3-
of items subject to this escrow, unless such misdelivery is due to willful breach of contract or gross neghgence 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 rights under this Contract. If, for any reason other than failure of Seller to make
Seller's title marketable after diligent effort, Seller fails, neglects or refuses to perform this Contract, the Buyer may
seek specific performance or elect to receive the return of Buyer's deposit(s) without thereby waiving any action for
damages resulting from Seller's breach.
P. Contract Not Recordable~ Persons Boundl Notice: Neither this Contract nor any
notice of it shall be recorded in any public records. This Contract 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 title to Real Property by warranty deed, subject only to
matters contained in Paragraph 6 and those otherwise accepted by Buyer. Personal Property shall, at request of
Buyer, be transferred by an absolute bill of sale with warranty of title, subject only to such matters as may be
otherwise provided for herein.
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 that there are no facts known to Seller materially affecting
the value of the Property which are not readily observable by Buyer or which have not been disclosed to Buyer.
BUYER: City of Dekay Beach
By:
Mayor, David Schmidt
ATTEST:
By:
City Clerk
Approved as to Form:
By: ~)~
City Attorney
SELLER: Delray Beach Community
(Please Type or Print Name)
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STATE OF FLORIDA
COUNTY OF PALM BEACH
The foregoing instrument was acknowled~ed b~efore me this /7 day of ~.~~,
2003 by William Sanders who ~nally kno~o me or who has produced
Si~a'~e of Notary Public-
!1~*.-"'.:; .,". ~'o:,,,~s~.~,.c¢~ Il State of Florida
Il' . c~ ;'-Y,P'f';':$ I*.,'~'.~ar,z ~?,2003 l!
-5-
Ptlbish FII). 4 & tl, 2003
~¢1 ~6322
NOTICE OF INTENT TO ACQUIRE REAL PROPERTY
Cc'.
NOTICE IS HEREBY GIVEN, that the City of Delray Beach, Florida, has determined it
to be in the best interest of the City to purchase certain real property for municipal purposes,
more particularly described as follows:
Lots 15-18, Block B, Carver Memorial Park Subdivision,
according to the plat thereof on file in the office of the Clerk of
Circuit Court in and for Palm Beach County, Florida.
The purchase is for Seventy-six Thousand and 00/100 Dollars (US$76,000.00) 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, February 18, 2003 (or at any
continuation of such meeting which is set by the Commission) at.f~-p.m, in the Commission
Chambers at City Hall, 100 N.W. 1st Avenue, Delray Beach, Florida. ~ :OO ~
PUBLISH:
Boca Raton/Delray Beach News
February 4, 2003
February 11, 2003
CITY OF DELRAY BEACH, FLORIDA
Barbara Garito
City Clerk
RECEIVED
JAN 2 2003
CITY CLERK
Okay, thanks I will change the time on the ad to 7:00 p.m.
.... -Original Message .....
From: Kiminas, Sue
Sent: Wednesday, ,lanuary 22, 2003 11:54 AN
To: I~laloney, Susan
Subject: RE: Publication
Sue,
Yes, it is a public hearing item.
Thanks.
Sue
..... Original Message .....
From: Maloney, Susan
Sent: Wednesday, .lanuary 22, 2003 10:29 AM
To: Kiminas, Sue
Subject: RE: Publication
Sue,
Please just double check for me to see if this should be a Public Hearing item on
February 18, 2003 because if it is then the time will be 7:00 p.m. and not 6:00
p.m. Thank you. Please let me know.
..... Original Message ....
From: Kiminas, Sue
Sent: Wednesday, 3anuary 22, 2003 10:17 AlVl
To: Haloney, Susan
Subject: Publication
Sue,
Attached is a Notice to be published on the dates indicated. This is for
the City's acquisition of property from the Delray Beach Community
Development Corporation (CDC).
If you have any questions, please call.
Thanks.
Sue
Nancy:
Please see the attached advertisement which needs to be published on Tuesday, February 4,
2003 & Tuesday, February 11,2003. This needs to run as a line ad in the legal classified section.
Thank you.
Sue Maloney
City of Delray Beach