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Res 68-99RESOLUTION NO. 68-99 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF D~I.RAY BEACH, FLORIDA, AUTHORIZING THE CITY TO PURCHASE FROM SFJ J.ER CERTAIN REAL PROPERTY IN PALM BEACH COUNTY, FLORIDA, AS DESCRIBED HEREIN, HEREBY INCORPORATING AND ACCEPTING THE CONTRACT STATING THE TERMS AND CONDITIONS FOR THE S.AI.F. AND PURCHASE BETWEEN THE SFJJ.F.R AND THE CITY OF DFJ .RAY BEACH, FLORIDA. WHEREAS, the City of Delray Beach, Florida, wishes to acquire certain property located at 114 N.W. 2nd Avenue, Delray Beach, Florida, to provide for tennis courts; 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 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, Florida, as Buyer, hereby agrees to purchase from Raymond D. and Deborah J. Rennet, as Seller, land to provide for tennis courts, for the purchase price of One Hundred Five Thousand and 00/100 Dollars ($105,000.00), and other good and valuable consideration; said parcel being more particularly described as follows: South 52 feet of Lot 14, Block 43, Town of Delray as recorded in Plat Book 1, Page 3 of the Public Records of 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 this the 2nd day of November, 1999. ATI I~ST: ~ City Clerl~ t CONTRACT FOR SALF. OF REAL PROPERTY The CITY OF DELRAY BEACH, a Florida municipal corporation CCity') (Buyer) and RAYMOND D. and DEBORAH J. RENNER (Seller) hereby agree to the sale of real property upon the following terms and conditions, including the standards for real estate transactions and addenda and exhibits hereto: I. CONVEYANCE BY SELLER: A. Seller shall convey by warranty deed to the City the following property: The South 52 feet of Lot 14, Block 43, Town of Delray as recorded in Plat Book 1, Page 3 of the Public Records of Palm Beach County, Florida (The Property). H. PURCHASE PRICE: The City shall pay to Seller One Hundred Five Thousand Dollars ($105,000.00) upon closing. III. TIME FOR ACCEPTANCE; EFFECTIVE DATE: If this offer is not executed by and delivered to all parties or fact of execution communicated in writing between the parties on or before October 25, 1999, the offer will, at the City's option, bc withdrawn. The date of this contract ("Effective Date') will be the 'date when the last one of the Seller or Buyer has signed this offer. IV. TITLE EVIDENCE: At least seven (7) days before the closing date, the City, at the City's expense, shall obtain a rifle insurance commilment on the Property. V. CLOSING DATE: This transaction and the deeds and other papers shall be delivered prior to closing, with closing to occur no later than November 15, 1999, unless extended by other provisions of the contract, or by mutual agreement of parties. VI. RESTRICTIONS; EASEMENTS; LIMITATIONS: The City shall take title subject to: 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 and prorated taxes for year of closing and subsequent years; if any. VII. TYPEWRt'rr~:N OR HANDWRITTEN PROVISIONS: Typewritten or handwritten provisions shall control all printed provisions of Contract in conflict with them. VIH. OCCUPANCY: The Property shall be unoccupied as of the date of closing. Seller agrees to deliver occupancy of Property 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 1 deemed to have accepted Property in their existing condition as of time of taking occupancy unless otherwise stated herein or in a separate writing.. IX. DEMOLITION: Thc City shall have the right of egress and ingress over the South 52 feet of Lot 14, Block 43, Town of Deiray, as recorded in Plat Book 1, Page 3 of the Public Records of Palm Beach County, Florida, prior to closing for the purpose of evaluating the demolition of buildings thereon after closing and to make any other inspections it deems appropriate prior to closing. X. SPECIAL CLAUSES A. RADON GAS: Radon gas is naturally occurring radioactive gas that, when it has 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 and radon testing may be obtained from your county public health unit. Paragraph L of the Standards for Real Estate Transactions attached to this contract is hereby deemed to include an inspection for radon gas. B. FOREIGN INVESTMENT IN REAL PROPERTY TAX ACT ('FIRPTA"): Except as otherwise provided herein, Buyer, pursuant to Section 1445 of the Internal Revenue Code of 1986, as amended ('Section 1445") and the regulations promulgated thereunder ('Regulations"), shall be required to withhold such amount as is necessary to comply with the Regulations and shall timely remit to the Internal Revenue Service the amount so withheld along with properly completed remittance forms. If, however, on or before closing, Seller provides Buyer with (1) an Affidavit of Non-Foreign Status regarding Seller, (2) a Notice of Non-Recognition Treatment, or (3) a Withholding Certificate establishing that no, or a reduced, amount of federal income tax is required to be withheld under Section 1445 (collectively "Withholding Document") in proper form as required by the Regulations, and Buyer has no knowledge or notice that the Withholding Document furnished by Seller is false, as determined in accordance with the Regulations, then Buyer shall not be required to withhold any portion of the amount payable to Seller or shall be allowed to withhold such lesser amount as is required by the applicable Withholding Document, as the case may be, and shall submit the amount so withheld to the Internal Revenue Service along with properly completed remittance forms. In addition, if Seller, prior to dosing, satisfies those Regulations which concern the filing of an application for a Withholding Document with the Internal Revenue Service and gives notice of such pursuant to the Regulations to Buyer and said application is still pending as of the date of closing, then Buyer shall cooperate with Seller's reasonable request to escrow any amount withheld at closing pursuant to the Regulations, at Seller's expense, until a final determination is made regarding said application at which time said amount shall be disbursed in accordance with said final determination. 2 In the event insufficient cash is paid by Buyer at closing to fund the Buyer's withholding obligation, Seller shall deliver to Buyer at closing the amount of additional cash necessary to satisfy the withholding obligation. In the event Buyer determines after the closing that the Withholding Document provided by Seller to Buyer relieving Buyer entirely of Buyer's duty to withhold or reducing the amount required to be withheld by Buyer was false, Buyer shall have the authority to withhold from any additional amounts due to Seller in accordance with the Regulations, all or such portion of said additional amount due to Seller as Buyer deems necessary to comply with Section 1445 and to remit the amount so withheld and report such information as required under the Regulations to the Internal Revenue Service. C. The soil, surface water, drainage requirements and runoff availability, geological conditions, and. environmental state of the property being purchased must be acceptable to Buyer in Buyers' discretion. This shall be determined by test boring and other soil, geological and engineering studies, which may be conducted by Buyer at Buyers' expense within the time permitted for delivery of evidence of title herein. Notice of the results of such testing shall be furnished to Seller. During the term of this Contract, the Buyer, or Buyers' employees, agents, representatives, or assigns, shall have full and complete right to enter upon the property for the purpose of making any and all inspections, tests and studies of the property. In the event said conditions disclosed by such inspections are unacceptable to Buyer, the Buyer shall have the rights to cancel., this Agreement and receive a refund of all deposit monies paid hereunder. ADDENDUM TO STANDARDS FOR REAL ESTATE PARAGRAPHS J AND M: TRANSACTIONS The parties hereby agree that the time periods for the impections referred to in Standard D and S~andard N shall be modified to be made within seven (7) days from the effective date of this Contract. In addition to the rights provided to Buyer in Standard J and Standard M, if, for any reason, the Buyer is not satisfied with the results of such inspections, Buyer shall have the right to notify Seller in writing of Buyer's election to terminate this Contract within said seven-day inspection period and receive the return of ail deposits made hereunder. STANDARDS FOR REAL ESTATE TRANSACTIONS A. Evidence of Title: A title insurance commitment issued by a Florida licensed title insurer agreeing to issue to City, upon recording of the deed to City an owner's policy of title insurance in the amount of the purchase price, insuring City's title to the real property the City is to receive under this agreement. The City shall pay for the title insurance on the property. All title insurance shall be subject only to liens, encumbrances, exceptions or qualification set forth in this agreement and those which shall be discharged at or before closing. Buyer shall convey a marketable title subject only to Hens, encumbrances, exceptions or qualifications set forth in this agreement and those which shall be discharged at or before closing. Marketable title shall be determined according to applicable title standards adopted by authority of The Florida Bar and in accordance with law. If title is found defective, each party shall notify the other in writing specifying defect(s). If the defect(s) render title unmarketable to any property being con~ieyed hereunder, the party who owns the property shall have sixty (60) days from receipt of notice within which to remove the defect(s), failing which the other party shall have the option of either accepting the title as it then is or cancelling the contract; thereupon each party shall release one another of alt further obligations under the agreement. If title is found unmarketable the responsible party shall, use diligent effort to correct defect(s) in title within the time provided therefor, including the bringing of necessary suits. B. Survey: City, at City's expense, within time allowed to deliver evidence of title and to examine same, shall have the real protJerty it is to receive and the real property it is to convey, surveyed and certified by a registered Florida surveyor. The survey shall be certified to the City. If survey shows encroachment on real property or that improvements located on real property encroach on setback lines, easements, lands of others, or violate any restrictions, agreement covenants or applicable governmental regulation, the same shall constitute a title defect. C. Ingress and Egress: The Seller warrants and represents that there is ingress and egress to the real property being exchanged sufficient for the intended use as described herein, title to which is in accordance with Standard A. D. Leases: The Seller warrants there are no leases on the property. E. Liens: Each party shall furnish to each other 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 either party and further attesting that there have been no improvements or repairs to property for ninety (90) days immediately preceding date of closing. If property has been improved, or repaired within that time, the owner of property to he conveyed shall deliver releases or waivers of mechanics' liens executed by all general contractors, subcontractors, suppliers, and materialmen in addition to owner's lien affidavit setting forth the names of all such general contractors, subcontractors, suppliers and materiaimen and further afl.h-ming that all charges for improvements or repairs which could 4 serve as a basis for a mechanic's line or a claim for damages have been paid or will be paid at closing. F. Place of Closing: Closing shall be held in the county where real property is located, at the office of the attorney or other closing agent designated by City. G. Time: Time is of the essence of this agreement. Time periods herein of less than six (6) days shall in the computation exclude Saturdays, Sundays and state or national legal holidays, and any time period provided for herein which shall end on Saturday, Sunday or legal holiday shall extend to 5:00 p.m. of the next business day. H. Documents for Closing: Seller shall furnish to City, bill of sale, mechanic's lien affidavit, tenant and mortgagee estoppel letters, and corrective instruments. City shall furnish the closing statement(s). City shall prepare and furnish all deeds at its own expense and shall bear the costs of recording thc same. I. Expenses: Documentary stamps on any or all deeds shall be paid by Seller. The Seller recognizes that the City cannot pay the documentary stamps as a matter of law. All other closing expenses will be borne by the City, except as may be provided herein or in Paragraph J below. The City shall pay relocation expenses in the amount of fifteen hundred dollars ($1,500.00) to the Tenant, provided 'Seller provides a legal instrument acceptable to the City, showing that the Lease is legally terminated~with no recourse to the City. J. Prorations; credits: Taxes, assessments, rent, interest, insurance and other expenses and revenue of property shall be prorat~l through day before closing. Cash at closing shall be increased or decreased as may be required by prorations. Prorations will be made through day prior to occupancy if occupancy occurs before closing. Taxes shall be prorated based on the current year's tax with due allowance made for maximum allowable discount, homestead and other exemptions. If closing occurs at a date when the current year's milage is not fLxed, and current year's assessments is available, taxes will be prorated based upon such assessment and the prior year's milage. If current year's assessment is not available, then taxes will be prorated on the prior year's tax. If there are completed improvements on real property by January 1st of year of closing which improvements were not in existence on January 1st of the prior year then taxes shall be prorated based upon the prior year's milage and at an equitable assessment to be agreed upon between the parties, failing which, request will be made to the County Property Appraiser for an informal assessment taking into consideration available exemptions. Any tax proration based on an estimate may, at request of either the City or the Seller, be subsequently readjusted upon receipt of tax bill on condition that a statement to that effect is in the closing statement. If the Seller is required to pay ad valorem taxes on or before the selling date, the Seller shall establish an escrow fund with the County Tax Collector pursuant to Florida Statutes Section 196.295 and shall pay into said escrow the Seller's pro rata portion of ad valorem taxes for the year of closing as determined by the Tax Collector. The Seller shall pay its prorated share of taxes for the year of closing and shall pay outstanding taxes for previous years. 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 the party who owns the property prior to closing. L. 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 agreement. If in doubt as to Agent's duties or liabilities under the provisions of agreement, Agent may, at Agent's 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 jurisdiction shall determine ~the rights of the parties or Agent may deposit with the clerk of the circuit court having jurisdiction of the dispute. Upon notifying all parties concerned of such action, all liability on the part of Agent shall fully terminate, except to the extent of accounting for any items previously delivered out of escrow. M. No Brokers: Each party warrants that no brokers or real estate agents were involved in this transaction and no fees are due to a broker or agent for the exchange and sale of the property governed by this agreement. N. FIRPTA: Each party warrants to each other that neither party is a ~ foreign person~ as defined by the Federal Foreign Investment in Real Property Tax Act (the "Act'). At closing, each party shall execute and deliver into each other a "non-foreign certificate~ as required by the Act. Failure to execute the certificate shall subject the party failing to execute and deliver the certificate if required by law to the penalties imposed by law. O. Failure of Performance: If either party fails to perform this Contract within the time specified, each party shall be relieved of all obligations under Contract if both parties consent; or either party may proceed in law or equity to enforce its rights under this Contract. P. Agreement Not Recordable; Persons Bound; Notice: Neither this agreement nor any notice of it shall be recorded in any public records. This agreement 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: Each party shall convey the property to each other by way of statutory warranty deed subject to any easement for any utilities that may exist and lie on the property. 6 R. Other Agreements: No prior or present agreements or representations shall be binding upon either party 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: Each paWJ warrants that there' are no facts known to either party materially affecting the value of the real property which are not readily observable by either party or which have not been disclosed. T. NOTICES: All notices and elections (collectively, ~notices~) to be given or delivered by or to any party hereunder, shall be in writing and shall be (as elected by the party giving such notice) hand delivered by messenger, courier service or Federal Express, or alternatively shall be sent by United States certified mail, with return receipt requested. The effective date of any notice shall be the date of delivery of the notice if by personal delivery, courier service or Federal Express, or if mailed, upon the date which the return receipt is signed or delivery is refused or the notice designated by the postal authorities as non- deliverable, as the case may be. The parties hereby designed the following addresses as the addresses to which notices may be delivered, and delivery to such addresses shall constitute binding notice given to such party: Buyer: City of Delray Beach, Florida 100 N.W. 1st Avenue Delray Beach, Florida 33444 Arm: David Harden, City Manager With a copy to: Susan A. Ruby, Esq., City Attorney 200 N.W. 1st Avenue Delray Beach, Florida 37.~.~. Phone: (561) 243-7091 Fax: (561) 278-4755 Seller: Raymond D. and Deborah J. Renner 68 Glenn Court Avenue Edison, N.J. 08837 Phone: ?32-?38-0?54 973-482-8115 Any party may from time to time change the address to which notice under this Agreement shall be given such party, upon three (3) days prior written notice to the other parties. U. ASSIGNMENT: Neither party shall assign this Agreement or any interest herein without the prior written consent of the other party. V. DEFAULT: In the event either party fails or refuses to perform any term, covenant, or condition of this Agreement, either party shall, in addition to any other remedies provided at law or in equity, have the right of specific performance thereof. W. GOVERNING LAW & VENUE: This Agreement shall be governed by, construed and enforced in accordance with, the laws of the State of Florida. Venue in any action suit or proceeding in connection with this Agreement shall be in Palm Beach County, Florida. X. TIME OF ESSENCE: Time is of the essence with respect to the performance of each and every provision of this Agreement where a time is specified for performance. Y. EFFECTIVE DATE OF AGREEMENT: This Agreement is expressly contingent upon the approval of the City Commission of the City of Delray Beach. Z. HEADINGS: The paragraph headings or captions appearing in this Agreement are for convenience only, are not part of this Agreement, and are not to be considered in interpreting this Agreement. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed in their respective names, on the dates set forth below. BUYER: City of Delray Beach,~Florida City Clerk / - ~ t SELLERS: Print Name: Social Security or ?ax Nos.: /qq- 8 Approved as to Form: City Attorney STATE OF ~ ~: ~-~ ~.~, COUNTY OF ~ befo[~ me this ~_~xda~,~of ~'. ~))~J~C~ ~1999 by ~C~f~ ~',',,x~ , who is ~rso~iy ~o~ to me or who ~s pr~u~d as iden~fication. Sig~mre of No~ ~blic ~ ~e forego~g ~em was ac~6wl~ged ~fo~eme ~s~ d~ of ~ , 1999 by ~. ?.~.~ C ~'~ ~'~%~ , who is ~rs0mlly ~own~to &e or who ~s pr~u~ as identifi~tion. Si~e of No~ ~blie 9 Boca Raton News; Tuesday, November 2~ 1999 MEMORANDUM TO: FROM: SUBJECT: DATE: MAYOR AND CITY COMMISSIONERS CITY MANAGER ~/~L/q AGENDA ITEM # ~.h/._ REGULAR MEETING OF NOVEMBER 2. 1999 RESOLUTION NO. 68-99 (ACOUISITION OF RENNER PROPERTY) OCTOBER 27, 1999 Resolution No. 68-99 authorizes the City to purchase certain property located at 114 N.W. 2"d Avenue from Raymond D. and Deborah J. Rennet for the purchase price of $105,000.00. The purpose of the acqmsataon as to provide additional land for the new courts at the Tennis Center. This purchase would be paid for using recreation impact fees. Incorporated within the resolution are the terms and conditions of the contract for sale and purchase. The contract provides for closing to occur by November 15, 1999. The City will pay all expenses of dosing, except for documentary stamps and prorated taxes. Paragraph I, Expenses, of the Standards for Real Estate Transactions has been modified to include payment by the City of relocation expenses in the amount of $1,500.00 to the tenant, upon Seller providing proof acceptable to the City that the lease is legally terminated. Approval of Resolution No. 68-99 is recommended. Ref:Agmemo 14.Res.68~99.Acquisition.Renner Property ,4, ~ARD ~EACH~ER$I ~ r ENTRyN.W- SERVICE CITY HALL PARKING 2ND AVE.