Res 11-07
RESOLUTION NO. 11-07
A RESOLUTION OF THE CITI COMMISSION OF THE CITI OF
DELRA Y BEACH, FLORIDA, AUTHORIZING THE CITI TO
PURCHASE FROM SELLER CERTAIN REAL PROPERTI IN PALM
BEACH COUNTI, FLORIDA, AS DESCRIBED HEREIN, HEREBY
INCORPORATING AND ACCEPTING THE CONTRACT STATING
THE TERMS AND CONDITIONS FOR THE SALE AND PURCHASE
BE1WEEN THE SELLER AND THE CITI OF DELRA Y BEACH,
FLORIDA.
WHEREAS, the Seller hereinafter named desires to sell the property hereinafter described to
the City of Delray Beach Florida, for park purposes; and
WHEREAS, it is in the best interest of the City of Delray Beach, Florida, to purchase said
property.
NOW, THEREFORE, BE IT RESOLVED BY THE CITI COMMISSION OF THE
CITI 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 District of Palm Beach County, as Seller, for the purchase price
of One Hundred Thirty-Two Thousand Seven Hundred Fifty and 00/100 Dollars ($132,750.00),
and other good and valuable consideration; said parcel being more particularly described as follows:
A PARCEL OF LAND LYING WITHIN THE NORTHEAST ONE-
QUARTER (NE 1f.) OF THE SOUTHWEST ONE-QUARTER (SW 1f.)
OF SECTION 4, TOWNSHIP 46 SOUTH, RANGE 43 EAST, BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE 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 COUNTI, FLORIDA, SAID CORNER
LYING ON THE WESTERLY RIGHT OF WAY LINE OF THE
FLORIDA EAST COAST RAILROAD; THENCE S89016'05"W FOR
551.23 FEET TO THE POINT OF BEGINNING; THENCE SOoo43'55"E
FOR 585.72 FEET; THENCE S89013'05"W FOR 85.40 FEET; THENCE
NOoo08'18"W FOR 416.93 FEET; THENCE S89051'42''W FOR 18.00
FEET; THENCE NOoo41'41"W FOR 168.70 FEET TO A POINT ON
THE SOUTH LINE OF SAID PLAT OF DE CARIE SUBDIVISION;
THENCE S89016'05"W ALONG SAID SOUTH LINE FOR A
DISTANCE OF 98.97 FEET OT 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 Delray Beach, Florida, and the Seller as hereinabove
named are incorporated herein as Exhibit "A".
PASSED AND ADOPTED in regular session on lhe ~y of~,",_,
2007. )
8~!~
ATTEST:
~ .~~~ \:J. ~~.~~
City Clerk
2
RES. NO. 11-07
Boca Raton/Delray Beach News - Monday, February 12, 2007 · www.bocanews.com 6
NOTICE OF INTENT
TO ACQUIRE REAL PROPERTY
NOTICE IS HEREBY GIVEN, that the
City of Delray Beach, Florida, has de-
termined it to be in the best interest 01
the Cfty to purchase certain real prop-
erty lor municipal purposes, more par-
tiCulerty deSClibed as follows:
A PARCEL OF LAND LYING WITHIN
THE NORTHEAST ONE-QUARTER
(NE 1/4) OF THE SOUTHWEST ONE-
QUARTER ISW 114) OF SECTION 4,
TOWNSHIP 46 SOUTH, RANGE 43
EAST, BEING MORE PARTICULAR-
LY DESCRIBED AS FOLLOWS:
COMMENCE AT THE SOUTHEAST
CORNER OF THE PLAT OF DE CA-
RIE 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 WESTER-
LY RIGHT OF WAY LINE OF THE
FLORIDA EAST COAST RAILROAD:
THENCE S69 DEGREES 16'05'W
FOR 551.23 FEET TO THE POINT OF
BEGINNING: THENCE 500 DE-
GREES 43'55"E FOR 585.72 FEET:
THENCE S89 DEGREES 13'05'W
FOR 85.40 FEET; THENCE NOD DE-
GREES 08'18"W FOR 416,93 FEET;
THENCE S89 DEGREES 51 '42"W
FOR 18,00 FEET; THENCE NOD DE-
GREES 41'41"W FOR 168,70 FEET
TO A POINT ON THE SOUTH LINE
OF SAID PLAT OF DE CARIE SUB-
DIVISION: THENCE S89 DEGREES
16'05"W ALONG SAID SOUTH LINE
FOR A DISTANCE OF 98.97 FEET
OT THE POINT QF BEGINNING,
The purchase is tor One Hundred
Thirty- Two Thousand Seven Hundred
Fifty Dollars and 00/100 Dollars (US
$132,750.00) and is subject to the
terms and conditions of the Contract
for Sale and Purchase. A resolution of
the City Commission authorizing the
transfer/sale of real property incorpo-
rating the terms and conditions there-
of, will be considered al a public hear-
109 to be h~ld on February 20, 2007 at
7:00 p,m. In Ihe CommiSSIOn Cham-
bers al City Hall, 100 N.W. 1st Ave.
nue, Detray Beach, Florida
CITY OF DELRAY BEACH, FLORIDA
Chevelle D. Nubin. CMC
CrtyClerk
PUBLISH: February 12, 2007
February 19, 2007
Boca RatonlDelray Beach News
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MEMORANDUM
TO:
FROM:
MAYOR AND CITI COMMISSIONERS
CIlY MANAGER rJ.JiJ:.
AGENDA ITEM # 10. J= - REGULAR MEETING OF FEBRUARY 20.2007
RESOLUTION NO. 11-07/CONTRACT FOR SALE AND PURCHASE OF
PROPERTY /PALM BEACH COUNTY SCHOOL BOARD
SUBJECT:
DATE:
FEBRUARY 16, 2007
This item is before the Commission for approval of Resolution No, 11-07 authorizing the City to purchase
an additional 1.18 acres of property, located at 2501 Seacrest Boulevard, from the Palm Beach County
School Board for the Soccer Complex,
The additional property will allow for construction of the press box concession stand in the northwest
comer of the soccer complex property and it will provide additional land to use for the soccer fields so
that the City may complete Phase I of the construction at one time,
Recommend approval of Resolution No, 11-07 authorizing the City to purchase an additional 1,18 acres of
property, located at 2501 Seacrest Boulevard, from the Palm Beach County School Board for the soccer
complex in the amount of $132,750.00.
S:\City Clerk\AGENDA COVER MEMOS\City Manager Memos\City Manager Res Noll-07 02.20.07,doc
RESOLUTION NO, 11-07
A RESOLUTION OF THE CITI COMMISSION OF THE CITI OF
DELRA Y BEACH, FLORIDA, AUTHORIZING THE CITI TO
PURCHASE FROM SELLER CERTAIN REAL PROPERTY IN PALM
BEACH COUNTI, FLORIDA, AS DESCRIBED HEREIN, HEREBY
INCORPORATING AND ACCEPTING THE CONTRACT STATING
THE TERMS AND CONDITIONS FOR THE SALE AND PURCHASE
BETWEEN THE SELLER AND THE CITI OF DELRA Y BEACH,
FLORIDA.
WHEREAS, the Seller hereinafter named desires to sell the property hereinafter described to
the City of Delray Beach Florida, for park purposes; and
WHEREAS, it is in the best interest of the City of Delray Beach, Florida, to purchase said
property,
NOW, THEREFORE, BE IT RESOLVED BY THE CITI 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 District of Palm Beach County, as Seller, for the purchase price
of One Hundred Thirty-Two Thousand Seven Hundred Fifty and 00/100 Dollars ($132,750,00),
and other good and valuable consideration; said parcel being more particularly described as follows:
A PARCEL OF LAND LYING WITHIN THE NORTHEAST ONE-
QUARTER (NE V.) OF THE SOUTHWEST ONE-QUARTER (SW 1/.)
OF SECTION 4, TOWNSHIP 46 SOUTH, RANGE 43 EAST, BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE 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 COUNTI, FLORIDA, SAID CORNER
LYING ON THE WESTERLY RIGHT OF WAY LINE OF THE
FLORIDA EAST COAST RAILROAD; THENCE S89016'05"W FOR
551.23 FEET TO THE POINT OF BEGINNING; THENCE SOoo43'55"E
FOR 585.72 FEET; THENCE S89013'05"W FOR 85.40 FEET; THENCE
Nooo08'18''W FOR 416.93 FEET; THENCE S89051'42''W FOR 18.00
FEET; THENCE NOoo41'41''W FOR 168.70 FEET TO A POINT ON
THE SOUTH LINE OF SAID PLAT OF DE CARIE SUBDIVISION;
THENCE S89016'05"W ALONG SAID SOUTH LINE FOR A
DISTANCE OF 98,97 FEET OT 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 Delray Beach, Florida, and the Seller as hereinabove
named are incorporated herein as Exhibit "A",
PASSED AND ADOPTED in regular session on the _ day of
2007,
MAYOR
ATTEST:
City Clerk
2
RES, NO. 11-07
EXHIBIT "A"
CONTRACT FOR SALE AND PURCHASE FOR
ADDITIONAL PROPERTY FOR SOCCER COMPLEX
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 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 corner lying on the westerly
right of way line of the Florida East Coast Railroad; thence S89016'05"W for
551.23 feet to the point of beginning; thence SOo043'55"E for 585.72 feet;
thence S89013'05'W for 85,40 feet; thence NOoo08'18'W for 416.93 feet;
thence S89051 '42"W for 18.00 feet; thence NOo041 '41"W for 168,70 feet to a
point on the south line of said plat of De Carie Subdivision; thence
S89016'05"W along the south line for a distance of 98,97 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 One Hundred Thirty-Two Thousand Seven
Hundred Fifty Dollars ($132,750,00) 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 1,18 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 February
28, 2007, 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 March 30, 2007; 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 shalt control any printed provisions herein in conflict therewith,
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 attomey, 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:
" .
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
[ITY DF DELRAY IEA[H
CITY ATTORNEY'S OFFICE
200 NW 1st AVENUE' DELRAY BEACH, FLORIDA 33444
TELEPHONE: 561/243-7090' FACSIMILE: 561/278-4755
Writer's Direct Line: 561/243-7090
DELRAY BEACH
F lOR IDA
D.f&I:II
All-America City
, III I! ~:~E:
MEMORANDUM
January 23, 2007
FROM:
City Commission
David T. Harden, City Manager
Terrill Barton, Assistant City Attorney IJCb
1993
2001
SUBJECT: Amendment #3 to Interlocal Agreement between the School Board
and the City of Delray Beach and Contract for Sale and purchase for
Additional Property for Soccer Complex
Attached please find Amendment #3 to the Interlocal Agreement between the City
and the School Board amending the agreement that was signed on July 26, 2006,
This Amendment will allow the City to purchase an additional 1,18 acres of
property from the School Board in order to construct the Press Box Concession
Stand in the northwest corner of the soccer complex property and it will give the
City additional land to use for the soccer fields so that the City may complete
Phase I construction all at one time,
Please place this item on the next available City Commission agenda for
consideration, It should be noted that these agreements are scheduled to go
before the School Board at their meeting on February 21, 2007,
TCB:smk
Attachments
cc: Chevelle Nubin, City Clerk
,0. r I
AMENDMENT NO.3 TO INTERLOCAL AGREEMENT BETWEEN
THE SCHOOL BOARD OF PALM BEACH COUNTY, FLORIDA AND THE
CITY OF DELRA Y BEACH FOR THE PURCHASE AND CONSTRUCTION
OF A SOCCER COMPLEX AND JOINT USE OF LAND AND FACILITIES
THIS AMENDMENT NO. 3 to the Interlocal Agreement is entered into by and
between the CITY OF DELRA Y BEACH, FLORIDA, ("City") and THE SCHOOL
BOARD OF PALM BEACH COUNTY, FLORIDA ("School Board") on this day
of January, 2007.
WITNESSETH
WHEREAS, the parties desire to amend the Interlocal Agreement entered into on
July 26, 2006 in order to allow the City to purchase an additional 1.18 acres from the
School Board for construction of a pressbox concession stand on the Soccer Complex
on the Old Atlantic Site, The land to be purchased for the press box concession stand
building is described more particularly in the legal descriptions and surveys attached
hereto as Exhibit "0" and the contract for Sale and Purchase of an additional 1,18 acres
for the construction of a press box concession stand is attached hereto as Exhibit "E".
NOW, THEREFORE, in consideration of the mutual covenants, stipulations and
agreements herein contained, the parties agree as follows:
1, The recitations referred to above are hereby incorporated herein,
2, Article 1, "General", of the Interlocal Agreement of July 26,2006, shall be
amended as follows:
ARTICLE 1: GENERAL
Section 1.01 The foregoing recitals are true and correct and are incorporated
herein as if fully set forth.
Section 1.02 The purpose of this Interlocal Agreement is to enhance
recreational opportunities for use by the public and the students of Palm Beach County,
Section 1.03 The defined terms as used in this Interlocal Agreement shall have
the following meanings:
1 , Old Atlantic Site shall mean the property owned by the School Board
that was the former site of Atlantic High School located at 2501 Seacrest
Boulevard, Delray Beach, Florida,
2. Middle School shall mean the middle school that the School Board
intends to construct on the Old Atlantic Site,
3, Soccer Complex shall mean the land described in Composite Exhibit "A"
and additional land described in Exhibit "D".
4, Soccer Complex Improvements shall mean the improvements listed in
Section 3,01 of this Agreement.
5. Soccer Complex Parking Area shall mean the land on which the City-
owned parking for the Soccer Complex shall be constructed. The Soccer
Complex Parking Area will be located on a portion of land described in
Composite Exhibit "A", The exact specifications for the parking area shall
be decided after the completion of the site design plan for the Middle
School, provided, however, that retention is met according to the South
Florida Water Management District requirements and that the Soccer
Complex Parking Area shall be sufficient and shall equal at least 130 -165
9 feet by 18 feet parking spaces and shall be located within four hundred
feet (400') from the Soccer Complex.
6, Soccer Complex Parking Area Improvements shall mean the paving,
striping, drainage improvements and lighting required for the Soccer
Complex Parking Area.
7, Fields shall mean the City-owned practice field facilities located at 2475
West Atlantic Avenue, Delray Beach, Florida, adjacent to the new Atlantic
High School.
8. School Board's Representative shall mean the Chief of Facilities
Management.
9, City's Facilities shall collectively mean the Fields and the Soccer
Complex Improvements.
2
10, School Board's Facilities shall collectively mean the football field,
football stadium, gymnasium, and parking located on the Old Atlantic Site,
11, Interim Parking shall mean an area of at least 130-165 9 feet by 18 feet
parking spaces located adjacent to the Soccer Complex to the west that
shall remain in the ownership of the School Board but shall be utilized by
the City until the City purchases the Soccer Complex Parking Area from
the School Board at a later date as contemplated by this Agreement.
12, Restroom facilities shall mean the existing one-story restroom building
located to the north of the football stadium,
13. Press Box Concession Stand shall mean the two-stOry structure
proposed to be constructed on the northwest side of the Soccer Complex
that will consist of a concession stand. restrooms. storaqe. a meetinq
room. and a press box,
14, Metal Storaae Buildina shall mean the metal storaQe buildinq located on
the Soccer Complex.
3. Article 3, "Schedule/Scope of Work" of the Interlocal Agreement of July 26,
2006, shall be amended as follows:
ARTICLE 3: SCHEDULE/SCOPE OF WORK
Section 3.01 The scope of work and schedule for completion of the
Soccer Complex Improvements shall be as follows:
Soccer Complex Improvements: Phase I Improvements include:
1, Construct three (3) soccer fields,
2, Remove existing basketball :md tennis courts western plav court,
3, Sod in existing softball fields, remove backstops and fencing,
4, Move existing light poles to the east and south of Soccer Complex,
5, Install perimeter fence around Soccer Complex and provide gate access
from Soccer Complex to adjacent football stadium field and old Atlantic
site,
3
6. Remove all existing buildings just north of football stadium (except press
box and restroom facilities).
7, Move storage container to southwest area near football field and track,
8, Construct a concession stand building with restrooms, concession stand
and press box,
9, Fill and sod area between multipurpose field and track,
10. Lighting for the Soccer Complex,
11, Install concrete pad at northeast corner of Soccer Complex,
12, Provide a new sidewalk with ADA access to the east play court and
P-Q.rovide gate access to the sidewalk located to the south of the existing
play courts and extend the fence ~md the existing sidew31k to run north
and south on the east side of the play courts and include a gate access
between the play courts, and Soccer Complex and refurbish the east play
court; and
13, Seal coat the existinQ parkino lot directly to the west of the Soccer
Complex and provide new stripinQ for same: provide a new pedestrian
crosswalk from the school oate north of the existinQ Clinic to the new
sidewalk: create a drop off area in front of the proposed press box
concession stand. includinQ a landscape island. and provide a traffic
calminQ device approximatelv 150 feet to the west of the press box
concession stand: and
4-3.14, Other improvements within the Soccer Complex as deemed necessary by
City,
4, Article 5, "Use of Properties" of the Interlocal Agreement of July 26, 2006,
shall be amended as follows:
Section 5.01 Use of Gymnasium, Football Stadium Field and Interim
Parking - The School Board agrees to make available the gymnasium, football
stadium field and Interim Parking, The City shall be permitted to use the
gymnasium, football stadium field and Interim Parking in accordance with the
prescribed procedure and conditions set forth herein, and without prior approval
from 4:00 p,m. until 10:00 p,m. Monday through Friday until the Middle School is
completed and from 9:00 a,m, until 6:00 p,m, on Saturday and Sunday.
Additional use of the gymnasium, football stadium field and Interim Parking by
4
the City is allowed so long as ten (10) days advance notice is given to School
Board in accordance with Article 12 herein and the additional use does not
conflict with a School Board or County program or activity as defined in the
certain Interlocal Agreement entered into by the School Board and Palm Beach
County dated October 15, 2003, Both parties agree to meet prior to the opening
of the new Middle School on the site in order to determine and agree on the
revised times of use, The School Board shall be responsible for the utility costs
associated with the School Board's Facilities. If the gymnasium and/or football
stadium field are destroyed for any reason, the School Board agrees to permit
the City to continue to utilize the new gymnasium/football stadium field as
provided in accordance with the terms of this Agreement.
Section 5.02 Use of Soccer Complex/Fields - The City agrees to permit
the onsite school located on the Old Atlantic Site to use the Soccer Complex
Improvements in accordance with the prescribed procedure and conditions set
forth herein, and without prior approval for recreational purposes from 8:00 a,m,
until 4:00 p,m, Monday through Friday. The City aorees to permit the school to
have access to the metal storaoe buildino on the Soccer Complex Property at all
times, The City agrees to permit the School Board to use the Fields annually
from August 1 through November 30 from 3:00 p.m. to 6:00 p,m, Monday through
Saturday for football, band and Eaglettes practice; from November 1 through
February 28 from 3:00 p,m. to 6:00 p.m, Monday through Saturday, the Fields
shall be available for soccer practice; and from May 1 through November 30 from
3:00 pm, to 6:00 p,m. Monday through Saturday the Fields shall be available for
spring football. Additional use of the Soccer Complex Improvements and/or
Fields is allowed so long as ten (10) days advance notice is given to the City in
accordance with Article 12 herein and the additional use does not conflict with a
City program or activity. The City shall be responsible for the utility costs
associated with the City's Facilities.
5, All other terms and conditions of the Interlocal Agreement of July 26, 2006
not in conflict with this Amendment shall remain in full force and effect and are
incorporated herein,
IN WITNESS WHEREOF, the parties hereto have set their hands, the day and
year first above written.
ATTEST:
CITY OF DELRAY BEACH, FLORIDA
By:
City Clerk
Jeff Perlman, Mayor
5
Approved as to legal form
And sufficiency:
City Attorney
Date:
ATTEST:
By:
Arthur C, Johnson, Ph,D,
Superintendent
Board Approval Date:
Approved for Form
and Legal Sufficiency:
School Board Attorney
Date:
THE SCHOOL BOARD OF PALM
BEACH COUNTY, FLORIDA
By:
6
Thomas E. Lynch, Chairman
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EXHIBIT "0"
LEGAL DESCRIPTION:
A PARCEL OF lAND LYING IMTHIN THE NORTHEAST ONE..QUARTER (NE
X) OF THE SOUTH1J\IEST ONE..QUARTER (SW X) OF SECTION 4,
TOWNSHIP 46 SOUTH, RANGE 43 EAST, BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS;
COMMENCE 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
S89"16'05'W FOR 551.23 FEET TO THE POINT OF BEGINNING; THENCE
SOO"43'55"E FOR 585.72 FEET; THENCE S89"13'05'W FOR 85,40 FEET;
THENCE NOO"08'18'W FOR 416.93 FEET; THENCE S89"51'42'W FOR 18.00
FEET; THENCE NOO"41'41'W FOR 168.70 FEET TO A POINT ON THE SOUTH
LINE OF SAID PLAT OF DE CARIE SUBDIVISION; THENCE S89"16'05'W
ALONG SAID SOUTH LINE FOR A DISTANCE OF 98.97 FEET TO THE POINT
OF BEGINNING.
SAID LANDS SITUATE IMTHIN THE CI"TY OF DELRAY BEACH, PALM BEACH
COUNTY, FLORIDA.
CONTAINING 51423 SQFT OR 1.18 ACRES OF lAND, MORE OR LESS.
NOTES:
1)THIS FIRM DID NOT ATTEMPT TO LOCATE UNDERGROUND
FOUNDATIONS OR FOOTERS.
2) THIS SURVEY IS NOT VALID WITHOUT THE ORIGINAL SIGNATURE AND
RAISED EMBOSSED SEAL OF A FLORIDA REGISTERED SURVEYOR,
3) RECORD INFORMATION SHO,^", HEREON WAS TAKEN FROM RECORD
PLATS OBTAINED FROM THE PUBLIC RECORDS OF PALM BEACH
COUNTY.
4) BEARINGS SHOII\IN HEREON ARE BASED ON THE CENTERLINE OF
SEACREST BOULEVARD, HAVING AN ASSUMED BEARING OF NORTH
01005'18" WEST AS SHOWN ON THE PLAT OF NORTHRIDGE ACCORDING
TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 23, PAGE 168 OF
THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA.
5) SYMBOLS SHOWN HEREON ARE NOT TO SCALE.
6) THIS SURVEY WAS NOT ABSTRACTED FOR EASEMENTS AND/OR
RIGHTS OF WAY OF RECORD OTHER THAN SHOII\IN HEREON.
7) THE LEGAL DESCRIPTION SHOWN HEREON WAS WRITTEN BY THE
UNDERSIGNING SURVEYOR AS DIRECTED BY THE CLIENT,
8) ELEVATIONS SHOII\IN HEREON ARE BASED ON NATIONAL GEODETIC
VERTICAL DATUM OF 1929.
9) BENCH MARKS USED: PALM BEACH COUNTY BENCH MARK
"AQUALANTlC" - ELEVATION 23.065.
CONTRACT FOR SALE AND PURCHASE FOR
ADDITIONAL PROPERTY FOR SOCCER COMPLEX
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 S89016'05"W for
551.23 feet to the point of beginning; thence SOo043'55"E for 585,72 feet;
thence S89013'05"W for 85,40 feet; thence NOoo08'18"W for 416,93 feet;
thence S89051'42"W for 18,00 feet; thence NOo041'41"W for 168,70 feet to a
point on the south line of said plat of De Carie Subdivision; thence
S89016'05"W along the south line for a distance of 98,97 feet to the point of
beginning,
together with all and singular the rights and appurtenances pertaining thereto (hereinafter
referred to as the "Property"),
2 PURCHASEP~CE
A. The purchase price is the sum of One Hundred Thirty-Two Thousand Seven
Hundred Fifty Dollars ($132,750.00) 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 1,18 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.
EXHIBIT "E"
3. TIME FOR ACCEPTANCE
If this Agreement is not executed by the SELLER and the BUYER on or before February
28,2007, 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 March 30, 2007; 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.
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
ATTEST
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:
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