Res 01-99RESOLUTION NO. 1-99
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AUTHORIZING THE CITY OF
DELRAY BEACH TO PURCHASE FROM SELLER CERTAIN REAL
PROPERTY IN PALM BEACH COUNTY, FLORIDA, LOCATED ON
N.E. 3RD AVENUE ADJACENT TO THE F.E.C. RAILROAD
BETWEEN N.E. 15TH STREET AiqD N.E. 16TH STREET, AS
MORE PARTICULARLY DESCRIBED HEREIN, HEREBY
INCORPORATING AND ACCEPTING THE CONTRACT STATING
THE TERMS AND CONDITIONS FOR THE SALE AND PURCHASE
BETWEEN THE SELLER AND THE CITY OF DELRAY BEACH
COMMUNITY REDEVELOPMENT AGENCY, AND AUTHORIZING THE
CITY TO EXECUTE AN ASSIGNMENT AGREEMENT BETWEEN THE
COMMUNITY REDEVELOPMENT AGENCY AND THE CITY OF
DELRAY BEACH FOR SAID PROPERTY; PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City of Delray Beach wishes to acquire certain
property located on N.E. 3rd Avenue adjacent to the F.E.C. Railroad
between N.E. 15th Street and N.E. 16th Street; and
WHEREAS, the Seller, Emily J. Patterson, has entered into a
contract to sell the property hereinafter described to the City of
Delray Beach Community Redevelopment Agency; and
WHEREAS, it is in the best interest of the City of Delray
Beach to enter into an assignment agreement with the Community
Redevelopment Agency to authorize the City of Delray Beach to acquire
the said property for the purpose of stormwater retention.
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, as buyer, hereby agrees to purchase from Emily J. Patterson,
as seller, land for the purchase price of Thirty Thousand Dollars
($30,000.00) and other good and valuable consideration; said property
being more particularly described as follows:
The South 48 feet of Lot 111 and the North 52 feet
of Lot 112, PLUMOSA PARK SECTION A, according to
the map or plat thereof as recorded in Plat Book
23, Page 68 of the Public Records of Palm Beach
County, Florida.
Section 2. That the terms and conditions in the contract
for sale and purchase and related addendums to the contract for sale
and purchase between the City of Delray Beach Community Redevelopment
Agency and Emily J. Patterson are attached hereto as Exhibit "A" and
incorporated herein.
Section 3. That the City Commission hereby approves and
agrees to enter into the Assignment Agreement with the Community
Redevelopment Agency for said property.
Agreement
herein.
Section 4. That the terms and conditions of the Assignment
are attached hereto as Exhibit "B" and are incorporated
Section 5.
immediately upon its passage.
PASSED AND ADOPTED
of January, 1999.
That this resolution shall become effective
in regular session on this the 5th day
ATTEST:
City Clerk '
- 2 - Res. No. 1-99
N
PATTERSON
PROPERTY
CONTRACT FOR SALE AND PURCHASE
Pot-ties: Emily J. Fstterson, ("Seller"), 6603 Luke Isbnd I~',, Lake Wot~, Flor/d~ 3346%7905, (Phone:
) md Delray Beach Community Redevelopment ASeney, ("Buyer'*), of 24 N. Swinton Avenue,
Delrny Beach, FlmJda, 33444, (Phone (561) 276-8640) bes'eby n~ee that the Seller shall sell and Buyer- shall buy the
fi~llowing real propen3, ('~.en] I~) md persoml proper~ ("Personality") (collectively "Property") upon the following
lerms and condi6ons:which INCLUDE the Standards for Real Estate Trm~snciinns attached ("Standards") and any
addcndum lc, this insmmlem.
I. DESCRIPTION: ,4
(ti) Legal de~tic~l of Real Property loc.sled in Palm Beach County, Florida:
South48 feelofLot 111 nnd the North 52 feetofLot 112, Pl~'tosaParksec~onA, as recorded in Plat Book
, Page __, of the Oil]chi Records of Palm Beach County, Florida.
(b)Streeteddsess, city, zlp, ofthe Property is: XXXX NE3rdAvenue. DetruyBeach, Finrtda33444.
(c) Personality: None
II. PURCHASE PRICE: .............. $ 30,000.00
PAYMENT.'
(a) Deposit to Se held k~ escrow by Robert W. FederspJel
Trmt Accotmt in the nmotmt of $ 1,000.00
(b) Balance to close (U,S. cub, LOCALLY DRAWN
certified or c~hi~'s check), subject to
adjustments and prorations S 29,000.00
IlL TIME FOR ACCEPTANCE; EFFECTI~ DATE; FACSIMILE: l£~his offe~ is not execu ed by and
VI. RF. STRICTIONS~ EASEMENTS; LIMITATIONSg Buyer shall take title subject to: zoning,
ocoq~'y of Pmi~qy at time ofclos~8 unless e~e~vise stated huein. If occupancy is to be delivered be fete closing. Buyer
VIII. TY PEWRITI'F~N OR HANDWR~ l i ~I p~bVISIONS: Typewritten or Imndsvrtt~en provlsiom shall coati
O__ Other:
EXHIBIT "A"
Bu,~er ChfistopherJ. Brown/ ~a~e I]~ef/,~fnilyJ. liatlerson Dar(
Socitl Security ~ Sochl Sccu~y
ADDENDUM TO CONTIL~CT FOR SALE AND PURCHASE
SELLER: Emily $. Pallet~n
BUYER: Delray ]3each Community Eedev~lopmm! ASency
PROPER~ ADDR~: ~ ~ 3~ A~ ~y ~c~ ~i~ 33444
XIV SPECIALC~USES (~l~d):
exc~ Federal ~d state ~idel~es ~ b~ ~mmd ~ huild~gs ~ Fl~i~. Addili~]
radon leslie may ~ ~d flora ~ ~ ~blic ~al~ ~it. IS~ph N oft~
~pletM ~i~ r~. I~ however, on ~ berne el~h~8, geller provides 1~ w[~ (I)~ A~vit of No~l:or~[~
S~ ~d~g Sell~, (2) a Notice of N~-R~o~iti~ T~, ~ (3) n Wit~old~g C~iF~nte ~lnblish~g ~al no,
or a reduced, amoral of r~ernl ~ome t~ is requ~ed ~o be wl~eld Imd~ S~[~ 1445 (~ll~[~ly "Wi~holdh~g
by the ·
said nppli~lion b still p~d~g ~ of~e ~te or cl~g, ~ B~r ~nll ~ale wi~ Sell~s ~ble requ~t to
re~d~g sn~ nppli~lion st which t~e ssld ~o~1 shall be dbb~d ~ n~ce
In ~e ev~t ~u~ci~t cash is paid by B~ al cl~g to ~d ~e Bu~'s ~M~g ~l[~t[o~ Sel~ s~]l
C. This Con.ct b c~tingem ~ ~e B~ or C~bs~ of ~ Dehy ~ch C~mtudly
Re~lopment Ag~ npp~l wi~ fo~een ~ ( 14 ~).
R~inl ~, 3469 W. Boston Beth BI~., Bo~l~ B~c~ Flor~ 33436, B~ ~1~ Sml~. Qst~g
enviro~ml state or ~e pmper~ ~g p~hnsed m~t be ae~p~ble to Bu~
~t to enter up~ ~e prop~ for ~e p~ose ofm~in8 ~y ~d all ~ct[~s, t~
BROKERAGE RELATIONSHIP DISCLOSURE
TRANSACTION BROKER NOTICE
FLORIDA LAW REQUIRES THAT REAL ESTATE LICENSEES OPERATING AS
TRANSACTION BROKERS DISCLOSE TO BUYERS AND SELLERS THEIR ROLE
AND DUTIES IN PROVIDINQ A LIMITED FORM OF REPRESENTATION
As e transection broker, COLDWELL BANKER RESIDENTIAL REAL ESTATE, INC.
and its Associates, provides to you a limited form of representation that include~ the
following duties:
I. Dealing honestly aFd fairly;
2. Accounling for all f~'td~;
3. Using skill, care, and diligence In the transaction;
4. Disclosing all know~ facts Ihat materially affect the value of residential mai property end
are nol readily observable fo the buyer,
5. Presentin.q 311 offers and counten:dfer$ in a timely manner, unle~ a party has previously
directed the licensee otherwise in wrffing;
6. Limited confider~tialtiy, unless waived In wdting by e party, This limlled confld~tiallty will
prevent disclosure Ihat Ihs ~eller will accept a price less than the esklng or listed price,
that the buyer will pay a p~e greater than the price aubmlffed In a wrflte~ offer, of the
motivation of any perly for selling or buying propew, that · Seller or buyer wfl agree to
financing ten'ns other then those o(fered, or of any other Inform~tion requested by a party
to remain confidential; and
7. Any additional duties that are erttered I~o by this or by esparate w~ten agreement,
Umlted representation means that a buyer or Seller is not resl~x~nsible for the acts of the
lic~msee, Additionally, parties are giving up their rights to the undivided loyalty of the licensee.
This aspect of limited representation allows a likeness to facir~te a mai estate transection by
assisting bcth the buyer and the Seller, but a llos~see~fvlll nol woj~,.[o represent one parly to
o,,.
dC~l~err~t U~mme da ,]ol;iCf::t~mmlTer. on t he. deyo! _ by [;I pereonal
CB-1542
ASSIGNMENT AGREEMENT
THIS ASSIGNMENT AGREEMENT is mede and entered into thin day of
~~/~ 1998, by and between the Delray Beach CommunIty Red,vein ment
Agehcy hereinafter referrA.~ · ,,- · P
as "Assignee". ..... ~u to as ;tsssgnor", and City of Dalray Beach, hereinafter referred to
WITNESSETH:
WHEREAS, the Assignor is the comract purchaser under that certain Contract for Sale and
Pmchasa with Emily J. Patterson, zz Seller, for the purchase oftbe South 48 feet of Lot 1 ! I and
the North 52 feet of Lot 112, Pinmosa Park Section A, az recorded in Plat Book ~_, Page ~ of
the Puhiic Records of Palm Beach county, Florida, a copy of which is attached hereto (hereinafter
referred to as the "Contract"); and
WHEREAS, the Assignor is desirous of assigning said Contract to the Assignee and the
A~ignee is agreeable to accepting such assignment pursuant to the terms and conditions hereinafter
set forth in this Agreement.
NOW, THEREFORE, in consideration of the mutual covenants and promLnes herein
contained the parties hereby agree as follows:
Simultaneously with the execution of the Agreement, Assignee shall pay to Aszignor an
amount equal to the deposit having been mede by ~be Assignor pursuant to said Contract, us well as
the appraisal fee, environmental study costs, soil test costs, and the survey fee incurred by the
Assignor.
IN WITNESS WHEREOF, the parties hereto have executed th/z Akq. eement the day and
year first above written.
Christopher $. ~wn
Executive Director
CITY OF DELRAY BEACH
A'i'I'ESTED BY:
City Clerk
By: _
Jay Alperin, Mayor
Approved as to form and
legal sufficiency:
By: ~
EX~IBIT "B"
MEMORANDUM
TO:
FROM:
SUBJECT:
DATE:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER..~
AGENDA ITEM ~- REGULAR MEETING OF JANUARY 5, 199~
RESOLUTION NO. 1-99 (AUTHORIZING ACQUISITION
ACCEPTANCE OF ASSIGNMENT AGREEMENT/PATTERSON PROPERTY)
DECEMBER 28, 1998
In keeping with the Seacrest neighborhood redevelopment plan, the
Community Redevelopment Agency has contracted to purchase certain
property on N.E. 3rd Avenue adjacent to the F.E.C. Railroad
between N.E. 15th Street and N.E. 16th Street. City staff has
determined the property to be suitable for use as a stormwater
retention area and recommends its acquisition for this purpose.
The action requested of the Commission is approval of Resolution
No. 1-99 which authorizes the acquisition of the property for the
municipal purpose of stormwater retention, accepts the contract
for sale and purchase, and also accepts the assignment agreement
which assigns the contract with Emily J. Patterson, Seller, from
the Community Redevelopment Agency to the City. The purchase
price is $30,000.00, to be funded from 448-5411-538-61.10
(Stormwater Utility - Land Acquisition Costs).
You may recall this transaction is similar to the acquisition of
the property at the northeast corner of N.E. 14th Street and N.E.
3rd Avenue (formerly known as the Nanmyer property) where the CRA
entered into negotiations with the owner and contracted to
purchase the property, with the contract being assigned to the
City for use of the property for drainage purposes.
Recommend approval of Resolution No. 1-99 authorizing the
acquisition of the Patterson property from the CRA through the
acceptance of an assignment agreement.
ref:agmemo9
[ITY OF DELRI:IY BEI:lrH
CITY ATTORNEY'S OFFICE
DELRAY BEACH
200 NW 1st AVENUE · DELRAY BEACH, FLORIDA 33444
TELEPHONE 561/243-7090. FACSIMILE 561/278-4755
Writer's Direct Line: 561/243-7091
1993
DATE:
TO:
FROM:
MEMORANDUM
December 17, 1998
City Commission ~%~7~'
Brian Shutt, Assistant City Attorney
SUBJECT: Assignment of Agreement for Purchase of Patterson Property
The attached Assignment Agreement from the CRA provides that the City will purchase
the subject property on N.E. 3rd Avenue for $30,000.00. The appraised value of the
property is $30,000.00. This property will be utilized for drainage purposes, see attached
letter from Randall Krejcarek, City Engineer.
By copy of this memorandum to David Harden, City Manager, our office requests that this
item be placed on the January 5, 1999 City Commission agenda for approval. Please call if
you have any questions.
David Harden, City Manager
Alison MacGregor Harty, City Clerk
Attachments
patprop.com
City Of De?ray Bea. ch
Department of Envtronmental Servtces
M E M 0 R A N D U M
TO:
FROM:
DATE:
SUBJECT:
Brian Shutt, Assistant City Attorney
Randal L. Krejcarek, P.E.
11-Dec-98
Pattemon Property Assignment
NE 3rd Av
The attached assignments are being made to the city in order to utilize this property for
drainage purposes. There will be a project proposed in next years CIP which
addresses the drainage needs in this area.
Thanks!!
enc.
cc Richard Hasko, P.E.
;;. DEC I ~11998
! ~.~1._~
$:l...~letterslrlklci~yattn~ne3av. O01 '
Boca Raton New& Monday, December 28, 1998
6C Boca Raton News, Monday, December 2 I, 1998
r?
. ~2. li} 98 WED 11:23 FA.'( 4o7 278 4755 DEL BCH £'TY ATrY -*-*-* CITY HALL ~002
NOTICE OF INTENT TO ACQUIRE REAL PROPERTY
NOTICE IS HEREBy GIVEN, that the Ci~, of Delxay Beach, Florida, has determined it
to be in the best interest of the City to purchase cetlain real property located between N_E.
Street and N.E. 16,h Street, adjacent to the F.E.C. Raih'oad, on N.E. 3rd Avenue, Deh'ay Beach,
Florida. tbr municipal purposes, more particularly described as follows:
The South 4g feet of Lot 111 and the North 52 feet of Lot 112,
Plumosa Park Section A, according to the map or plat thereof as
recorded in Plat Book 23, Page 68 of the Public Records of Palm
Beach County Florida.
Subject to easements, restrictions, limitations, and other lnatters of record for the
pttrchase price of $30,000.00, and other good and valuable consideration. A Resolution of the
City Comnfission of the City of D¢lray Beach, Florida attthorizing the purchase of property and
on the renns and conditions set forth above, will be considered for adoption by the City
Connnission at a regular meeting to be hekl at 6:00 p.m. on Tuesday, January 5, 1999.
PUBLISH:
The News
December 21, 1998
December 28, 1998
CITY OF DELRAY BEACH, FLORIDA
Alison MacGregor Ha.try
City Clerk