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02-24-03 SpMtgSPECIAL MEETING FEBRUARY 24, 2003 A Special Meeting of the City Commission of the City of Delray Beach, Florida, was called to order by Mayor David W. Schmidt in the Commission Chambers at City Hall at 8:00 A.M., Monday, February 24, 2003. Roll call showed: Present - Commissioner Patricia Archer Commissioner Jon Levinson Commissioner Alberta McCarthy Commissioner Jeff perlman Mayor David W. Schmidt Absent - None Also present were - City Manager David T. Harden City Attorney Susan A. Ruby and City Clerk Barbara Garito Mayor Schmidt called the meeting to order and announced that it had been called for the purpose of considering the following item: 1. CONTRACT FOR SALE AND PURCHASE OF PROPERTY: Consider approval of contract to sell 54 acres of City owned properties located between Barwick Road and Military Trail and Contract for Sale and Purchase between the City and D.R. Horton, Inc. in the amount of fg7,321,000.00. (Public Hea~'ing) City Attorney, Susan Ruby stated that this is a public hearing regarding the sale and purchase of City owned property located between Barwick Road and Military Trail as described in the backup. According to the contract the City is to receive fg7,321,000.00, the closing is to occur no later than 12 months from the date of execution of the contract, and the buyer shall construct no fewer then 82 townhouses, 101 single family homes and 81 triplex units at cost ranges set forth in the RFP. The City has the right to review the architectural design and approval of the homeowner's association documents. In addition, the City has the right to terminate the contract if a financing commitment is not received within 90 days of the effective date of the contract, also the buyer is purchasing said property "As-is". Mayor Schmidt had the following suggestions regarding the contract; (1) include an obligation by the buyer to build the park, (2) regarding the in/t/a/m'ch#ectm~/design approval he suggested that should there be significant architectural design change, the changes be subject to Commission approval; and (3) since a real estate contract merges into the deed at closing, and there are a lot of good qualities contained in the contact, he suggested a clause be added which states "everything surviving closing" so the City does not lose these rights under the contract. Mr. Perlman and Mrs. Archer both agreed they had concerns regarding the buyer's obligation to build the park and the City's right to approve architectural design should there be significant changes to the architectural design as proposed. Ms. McCarthy asked as to whether Item (7) "The Buyer is buying 'As-is" and has 30 days from the date of the contract to inspect and to cancel if not satisfied with the property, she indicated there was no provision provided which would warrant an extension to the closing. Mrs. Ruby responded that the City has a right to extend the contract upon mutual agreement between both parties. Mayor Schmidt invited the contract vendee to speak, he so declined. Mayor Schmidt declared the public hearing open. No one from the public came forward to speak, therefore, the public hearing was closed. Mr. Perlman made a motion to approve the Contract for Sale and Purchase Between the City and D.R. Horton, Inc. of 54 acres of City owned properties located between Barwick Road and Military Trail in the amount of $7,321,000.00, subject to amendments to the contract as discussed, seconded by Mrs. Archer. Upon roll call, the Commission voted as follows: Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes. Said motion passed 5-0. Mayor Schmidt declared the Special Meeting adjourned at 8:10 A.M. ATTEST: City Clerk MAYOR The undersigned is the City Clerk of the City of Delray Beach, Florida, and the information provided herein is the Minutes of the Special Meeting of the City Commission held on February 24, 2003, which Minutes were formally approved and adopted by the City Commission on City Clerk NOTE TO READER: If the Minutes you have received are not completed as indicated above, this means they are not the official Minutes of the City Commission. They will become the official Minutes only after review and approval, which may involve amendments, additions or deletions to the Minutes as set forth above. -2- Special Meeting February 24, 2003 to the architectural design as proposed. Ms. McCarthy asked as to whether Item (7) "The Buyer is buying 'As-is" and has 30 days from the date of the contract to inspect and to cancel if not satisfied with the property, she indicated there was no provision provided which would warrant an extension to the closing. Mrs. Ruby responded that the City has a right to extend the contract upon mutual agreement between both parties. Mayor Schmidt invited the contract vendee to speak, he so declined. Mayor Schraidt declared the public hearing open. No one from the public came foxward to speak, therefore, the public hearing was closed. Mr. Perlman made a motion to approve the Contract for Sale and Purchase Between the City and D.R. Horton, Inc. of 54 acres of City owned properties located between Barwick Road and Military Trail in the amount of $7,321,000.00, subject to amendments to the contract as discussed, seconded by Mrs. Archer. Upon roll call, the Commission voted as follows: Mr. Perlman - Yes; Mn. Archer - Yes; Mr. Lemon - Yes; Ms. McCarthy- Yes; Mayor Schmidt - Yes. Said motion passed 5-0. Mayor Schmidt declared the Special Meeting adjourned at 8:10 ATTEST: MAYOR GtyClerk The undersigned is the City Clerk of the City of Delray Beach, Florida, and the information provided herein is the Minutes of the Special Meeting of the City Commission held on February 24, 2003, which Minutes were formally approved and adopted by the City Commission on March 13, 2003 City Clerk NOTE TO READER: If the Minutes you have received axe not completed as indicated above, this means they are not the official Minutes of the City Commission. They will become the official Iv£mutes only after review and approval, which may involve amendments, additions or deletions to the Minutes as set forth above. -2- Special Meeting February 24, 2003