Res 13-96 Failed FAILED - 2/20/96
RESOLUTION NO. 1 3- 96
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, LOCATED AT 2228 SEACREST
BOULEVARD 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, FLORIDA.
WHEREAS, the City of Dekay Beach, Florida wishes to acquire certain property located
at 2228 Seacrest Boulevard; and,
WHEREAS, the Seller, Rajesh K. Patel, 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 of providing land for the construction of a recreational and educational
facility and for other municipal purposes.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section I. That the City Commission of the City of Delray Beach, Florida, as Buyer,
hereby agrees to purchase from Rajesh K. Patel, as Seller, land for the purchase price of seventy two
thousand five hundred dollars ($72,500.00), and other good and valuable consideration; said parcel being
more particularly described as follows:
See Attachment A
~. That the terms and conditions in the contract for sale and purchase and
addenda thereto between the City of Delray Beach, Florida, and Rajesh K. Patel are attached hereto as
Attachment B and incox~orated herein.
PASSED AND ADOPTED in regular session on the ~ day of ,1996.
ATTEST: M A Y O R
City Clerk
lmt~l.ord
FAILED - 2/20/96
Attachment A
The North 150 feet of the South 290 feet of the East 170 feet of South one-half
of the Northwest one-quarter of the Southwest one-quarter of the Southwest
one-quarter, Less East 40 feet for road right-of-way, Section 4, Township 46
South, Range 43 East, Palm Beach County, Florida, also described as:
Commencing at an iron rod on the westerly right-of-way line of Seacrest
Boulevard, which is 140 feet North of and 40 feet West of the southeast comer
of the Northwest one-quarter of the Southwest one-quarter of the Southwest
one-quarter of Section 4, Township 46 South, Range 43 East, Palm Beach
County, Florida; thence mn South 89° 47' 35" West for a distance of 130 feet
to a concrete monument; thence mn North 0° 32' 25" West a distance of 150
feet to a concrete monument; thence mn North 89° 47' 35" East for a distance
of 130 feet to an iron rod on the westerly right-of-way line of Seacrest
Boulevard; thence mn South 0° 32' 25" East along the westly right-of-way line
of Seacrest Boulevard a distance of 150 feet to the point of beginning.
LESS AND EXCEPT any portion of fl~e property used for public right-of-way.
- 2 - Res. No. 13-96
FAILED - 2/20/96
AGREEMENT FOR PURCHASE AND SALE
This Agreement for Purchase and Sale, is made and entered into as of the __. day of
, 1996 by and between Rajesh K. Patel (Seller), and the City of Delray
Beach, Florida, a municipal corporation (hereinafter referred to as the "Purchaser").
WITNESSETH:
1. DEFINITIONS. The following terms as used herein shall have the following
meaning:
1.1. 2L~grte, lllt, g~ - this instrument, together with all exhibits, addenda and
proper amendments hereto.
1.2. ~ - the meaning ascribed thereto in Section 6.2 of this
Agreement, unless extended by the terms of this Agreement, or by mutual consent of the
parties.
1.3. "Effective Date" - the effective date of Agreement shall be the date upon
which the City of Delray Beach Commission shall have approved the execution of this
Agreement at a formal meeting of Board.
1.4 "Inspection Period" - that certain period of time commencing upon the
Effective Date and terminating sixty (60) days thereafter.
1.5 "Permitted Exceptions" - those exceptions to the title of the Property as
set forth in Exhibit "B" hereto attached, together with any other title matters that may be
waived in writing by the Purchaser.
1.6 "Peal Property" - the real property legally described in Exhibit "A"
attached hereto and made a part hereof, together with all improvements situate thereon.
1.7 "Tangible Personal Property" or "Personal Property" - All of Sellers
right, title and interest in all appliances, fixtures, equipment, machinery, furniture, carpet,
drapes, and other personal property, if any, located on or about the land and the improvements
used in the operation and maintenance thereof.
2. SALE AND PURCHASE. In consideration of the mutual covenants herein
contained, and various other good and valuable consideration, Seller agrees to sell and convey
to Purchaser and Purchaser agrees to purchase from Seller, on the terms, covenants and
conditions hereinafter set forth, the Real Property, and Personal Property together with all
right, title and interest of Seller in and to any and all streets, roads, highways, easements,
accesses and rights of way appurtenant to the Real Property, together with all improvements
located thereon, if any.
3. PURCHASE PRICE AND METHOD OF PAYMENT.
3.1 P~rchase Price. The purchase price of the Property shall SEVENTY
TWO THOUSAND FIVE HUNDRED DOLLARS ($72,500.00).
3.2. Payment of Purchase Price. On the Closing Date, Purchaser shall pay at
the City's election, by wire transfer of immediately available United States currency or by
City check, the total amount of the purchase price of the Property, in United States Currency,
subject to any adjustments, credits and prorations as herein provided.
3.3. ~. Purchaser has delivered to Seller ONE HUNDRED
AND 00/100 DOLLARS ($100.00) in cash (such amount together with all interest, if any,
earned thereon being referred to as the "Earnest Money"). If the sale of the property is
consummated pursuant to terms of this Agreement, the "Earnest Money" shall be applied to
the payment of the purchase price. If Purchaser terminates this Agreement in accordance with
any right to terminate that Purchaser is granted by the terms of the Agreement, the "Earnest
Money" shall be immediately returned to Purchaser.
4. ACKNOWLEDGMENTS. REPRESENTATIONS AND WARRANTIES OF
SELLER.
As a material inducement to Purchaser to enter into this Agreement, Seller
hereby acknowledges, represents and warrants to the best of his knowledge to Purchaser as
follows:
4.1. That Seller is indefeasibly seized of marketable, fee simple title to the
Property, and is the sole owner of and has good right, title and authority to convey and
transfer the Property which is the subject matter of this Agreement, free and clear of all liens
and encumbrances, excepting only the Permitted Exceptions.
4.2 That there is no litigation, investigation or proceeding pending, or to the
knowledge of Seller threatened, which relates to or adversely affect Seller's ability to perform
its obligations under this Agreement.
4.3 That there are no judicial or administrative actions, suits or judgments
affecting the Property, including without limitation, any such laws, ordinances, rules or
regulations of any governmental authority having jurisdiction of the Property.
4.4 That there are no existing or pending special assessments affecting the
Property, which are or may be assessed by any governmental authority, water or sewer
authority, school district, drainage district or any other special taxing district.
4.5 There are no condemnation, environmental, zoning or other land-use
regulation proceedings, either instituted, or planned to be instituted with regard to the
Property.
4.6 On the Closing Date there will be no outstanding contracts made by
Seller for any improvements to the Real Property which have not been fully paid for and Seller
shall cause to be discharged all construction liens arising from any labor or materials furnished
to the Property prior to the time of Closing.
4.7 All documents executed or to be executed by Seller which are to be
delivered to Purchaser at closing will be legal, valid, and binding obligations of Seller.
4.8 There are no service contracts affecting the Property which will survive
Closing.
4.9 That all ad valorem real property taxes for the Property have been fully
paid for the year 1995, and all prior years.
4.10 That Seller has entered into no other contracts for the sale of any portion
of the Property which remain in force.
4.11 That the Property has not in the past been used, and is not presently
being used, for the handling, storage, transportation, or disposal of hazardous or toxic
substances, wastes or materials.
4.12 It is a condition precedent to closing that all of the representations and
warranties of Seller contained in this Agreement shall continue to be true as of the Closing
Date, and shall be deemed to be restated and affirmed as of the Closing Date without the
necessity of Seller's execution of any document with respect thereto. In the event that any of
the Seller's representations shall prove to be materially untrue, Purchaser shall have the right
to (i) terminate this Agreement at any time prior to closing upon written notice by Seller,
whereupon the parties shall be relieved of all further obligation hereunder; or (ii) proceed to
close upon this Agreement without thereby waiving any claim or cause of action against Seller
for misrepresentation or breach of warranty.
5. INSPECTION OF PROPERTY. During the Inspection Period, Purchaser and
its engineers, surveyors, agents and representatives shall have access to the Property upon
reasonable notice for purposes of survey, testing and inspection thereof. All surveys, testing
and inspections shall be conducted by Purchaser at its expense, and shall be performed by
licensed persons or firms dealing in the respective areas or matters tested. All testing shall be
done in the least intrusive manner, and Purchaser agrees to indemnify Seller to the extent
permitted by law from and against any and all loss, damage, cost, expense and/or liability of
whatsoever nature arising from or out of Purchaser's, its agents, contractors, employees and
invites entry upon and inspection of the Property. Notwithstanding the foregoing, the
foregoing indemnification shall not apply to, nor prohibit Purchaser from, the disclosure of the
results of said inspections as may be required by applicable law. In the event that such
inspections shall reveal a deficiency in the Property, as determined by Purchaser in its sole and
absolute discretion, Purchaser shall have the right to terminate this Agreement at any time
during the Inspection Period by giving written notice thereof to Seller, whereupon the parties
shall be relieved of all further obligation hereunder.
6. CLOSING. The parties agree that the Closing upon the Property shall be
consummated as follows:
6.1 Place of Closing. The closing shall be held at a mutually acceptable
located to Seller and Purchaser.
6.2 Closing Date. The closing shall take place within thirty (30) days after
expiration of the Inspection Period, or at such earlier date as is mutually agreed upon by the
parties.
6.3 Closing Documents. At closing, Seller shall deliver or cause to be
delivered to Purchaser, the following documents, each fully executed and acknowledged as
required.
6.3.1 Statutory_ Warranty Deed. A Statutory Warranty Deed conveying good
and marketable fee simple title to the property, subject only to the Permitted Exceptions.
6.3.2 Affidavit of Seller. An Affidavit with respect to construction lien in
form sufficient to permit a title insurer to delete the "construction lien" exception from the
title insurance policy, and stating that the Property is free and clear of all encumbrances,
leases, licenses, contracts or claim of rights, which claims may serve as the basis of a
construction lien.
6.4 Possession. At closing Seller shall deliver full, complete and exclusive
possession of the Property to the Purchaser.
6.5 Purchaser's Obligations. At closing, Purchaser shall deliver, or
cause to be delivered, to Seller, the following:
6.5.1 Cash due at Closing. The required payment due as cash due at closing
as provided elsewhere herein.
7. EVIDENCE OF TITLE.
7.1. Within thirty (30) days after the Effective Date of this Agreement, the
Purchaser shall obtain an owner's title insurance commitment issued by a title insurance
company acceptable to Purchaser agreeing to issue to the Purchaser upon the recording of the
Statutory Warranty Deed to the Real Property, an owner's marketability title insurance policy
in the amount of the purchase price, insuring the marketability of the fee title of the Purchaser
3
to the Real Property, subject only to the Permitted Exceptions. The cost of said commitment
and policy and any premium thereafter shall be borne by Purchaser.
The Purchaser shall have until the end of the Inspection Period, in which to review
same. In the event the title insurance commitment shall show as an exception any matter other
than the Permitted Exceptions, Purchaser shall notify Seller of Purchaser's objection thereto,
and Seller shall act with reasonable effort to remove such exception(s), which exceptions shall
be deemed to constitute title defects. The Seller shall be entitled to ninety (90) days from the
date of notification by Purchaser (with adjournment of the Closing Date if necessary) within
which to cure such defects or to make arrangements with the title insurer for the removal of
any such objections from the commitment, however, Seller shall have the option of
discharging any such matters at closing out of the closing proceeds. If the defect(s) shall not
have been so cured or removed from the commitment by endorsement thereto at the
termination of the said ninety (90) day period, Purchaser shall have the option of: (a)
accepting title to the Property as it then exists; or (b) terminating this Agreement, by giving
written notice thereof to Seller, in which event the parties shall be relieved of all further
obligation hereunder.
7.2 Seller shall deliver to Purchaser prior to the Closing an endorsement of
the commitment making it effective to within five (5) days of the Closing Date. At closing,
the title insurance commitment shall be endorsed to remove any and all requirements or
preconditions to the issuance of an owner's marketability title insurance policy, and to delete
any exceptions for: (a) any rights or claims of parties in possession not shown by the public
records; (b) encroachments, overlaps, boundary line disputes and any other matters which
would be disclosed by an accurate survey and inspection of the Property; (c) unrecorded
easements and claims of easements (d) unrecorded and construction liens or claims of liens; (e)
taxes for the year of closing and all prior years; (f) matters arising or attaching subsequent to
the effective date of the commitment but before the acquisition of record of the fee simple title
to the Real Property by the Purchaser.
7.3 From and after the Effective Date of this Agreement, Seller shall take no
action which would impair or otherwise affect title to any portion of the Property, and shall
record no documents in the Public Records which would affect title to the Real Property,
without the prior written consent of the Purchaser.
8. SURVEY.' Purchaser shall have the right, within the time period provided in
Section 7 for delivery and examination of Title Evidence, to obtain a current survey of the
Real Property and all improvements thereon. Said survey shall be prepared in accordance with
the minimum technical standards for surveys within the State of Florida. If the survey reveals
any encroachments, overlaps, boundary disputes or other defects, other than the Permitted
Exceptions, which affect marketability of the Property, the same shall be treated as title
defects as described in Section 7 of this Agreement and Purchaser shall have the same rights
and remedies as set forth therein.
9. l?~l)~LOa~. Radon 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 testing may be obtained
from your County public health unit.
10. EXPENSES. Purchaser shall be responsible for preparation of all closing
documents. Purchaser shall submit copies of same to Seller no less than five (5) days before
scheduled closing.
10.1 Purchaser shall pay the following expenses at closing.
10.1.1 The cost of recording the deed of conveyance.
10.1.2 All costs and premiums for the owners marketable title
insurance comittment and policy.
4
10.2 Seller shall pay the following expenses at closing.
10.2.1 Documentary Stamps required to be affixed to the deed of
conveyance.
10.2.2 All costs necessary to cure title defect(s) or encumbrances,
other than the Permitted Exceptions, and to satisfy or release of record all existing mortgages
upon the Property.
10.3 The Seller and Purchaser shall each pay their own attorney's fees.
11. pRORATIONS. On or before the Closing Date, Seller shall establish an escrow
fund with the County Tax Collector pursuant to Florida Statutes Section 196.295, and shall
pay into said escrow Seller's prorata portion of ad valorem real property taxes for the year of
closing as determined by the Tax Collector. Any outstanding taxes for years prior to 1996
shall be paid by Seller.
12. ASSESSMENTS. If on the Closing Date, the Property or any part thereof shall
be or shall have been affected by assessments, which are, or which may become payable in
annual installments, of which the first installment is then a charge or lien, or has been paid,
then for the purposes of this Agreement, all of the unpaid installments of any such
assessments, including those which are to become due and payable after the Closing Date,
shall be deemed to be due and payable and to be liened upon the premises affected thereby,
and shall be paid and discharged by the Seller on or before Closing Date.
13. CONDEMNATION. In the event that all or any part of the Property shall be
acquired or condemned for any public or quasi-public use or purpose, or if any acquisition or
condemnation proceedings shall be threatened or begun by a governmental entity other than
Purchaser prior to the closing of this transaction, Purchaser shall have the option to either
terminate this Agreement, and the obligations of all parties hereunder shall cease, or to
proceed, subject to all other terms, covenants, conditions, representations and warranties of
this Agreement, to the closing of the transaction contemplated hereby and receive title to the
Property, receiving, however, any and all damages, awards or other compensation arising
from or attributable to such acquisition or condemnation proceedings. Purchaser shall have
the right to participate in any such proceedings.
14. REAL ESTATE BROKER. Seller and Purchaser each represents and warrants
to the other that it has not dealt with any broker, salesman, agent or finder in connection with
this transaction. Without limiting the effect of the foregoing to the extent permitted by law,
each party agrees to indemnify, defend and save the other harmless from the claims and
demands of any real estate broker, other than broker, claiming to have dealt with the
indemnifying party. Such indemnity shall include, without limitation, the payment of all costs,
expenses and attorney's fees incurred or expended in defense of such claims or demands. The
terms of this Section shall survive the closing or termination of this Agreement.
15. FIRPTA. Seller represents and warrants to Purchaser that Seller is not a
"foreign person" as defined by the Federal Foreign Investment in Real Property Tax Act, (the
"Act"). At closing, the Seller shall execute and deliver to Purchaser, a "Non-Foreign
Certificate", as required by the Act. Seller acknowledges that in the event Seller fails to
deliver the Non-Foreign Certificate, Purchaser shall be authorized to withhold from the closing
proceeds an amount equal to ten percent (10%) of the gross amount of the purchase price, and
to remit same to the Internal Revenue Service, as required by the Act.
16. 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:
16.1 Purchaser:
City of Delray Beach, Florida
100 N.W. 1st Avenue
Delray Beach, Florida 33444
Attn: David Harden, City Manager
With a copy to:
Susan A. Ruby, Esq.
City Attorney
200 N.W. 1st Avenue
Delray Beach, Florida 33444
Phone: (407) 243-7091
Fax: (407) 278-4755
16.2 Seller:
Rajesh K. Patel
109A East Boynton Beach Boulevard
Boynton Beach, FL 33435
Phone: (407) 738-5616
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.
17. /~5.~[.02:~,~. Neither Purchaser nor Seller shall assign this Agreement or
any interest herein without the prior written consent of the other party.
18. ENFORCEMENT COSTS. In the event any action, suit or proceeding is
commenced with respect to interpretation or enforcement of this Agreement, the prevailing
party therein shall be entitled to recover all costs, expenses and fee, including, without
limitation, reasonable attorney's fees, expended or incurred by such party in connection
therewith, including any such costs expenses and fees upon appeal and in post judgment
proceedings.
19. DEFAULT. In the event Seller fails or refuses to perform any term, covenant,
or condition of this Agreement, Purchaser shall, in addition to any other remedies provided at
law or in equity, have the right of specific performance thereof.
20. 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.
21. BINDING EFFECT. This Agreement shall be binding upon, and shall inure to
the benefit of, the parties hereto and their respective legal representatives, successors and
assigns.
22. NO RECORDING. Neither this Agreement, nor any memorandum or short
form hereof, shall be recorded in the Public Records of Palm Beach County, Florida.
23. 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.
24. INTEGRATION. This Agreement constitutes the entire understanding and
Agreement between the parties with respect to the subject matter hereof, and may not be
modified or amended, except in a writing signed by all of the parties hereto.
25. EFFECTIVE DATE OF AGREEMENT. This Agreement is expressly
contingent upon the approval of the City Commission of the City of Delray Beach.
26. I:[.~,~~. 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.
[This page is intentionally left blank]
IN WITNESS WHEREOF, the parties, have caused this Agreement to be executed in
their respective names, on the dates set forth below.
Signed, sealed and delivered
in the presence of:
Date of Execution by Seller:
,1996
WITNESSES:~,~x.~..A~ ~ RAJESH KiT&
Witness Signature
Name Printed or Typed
State of Florida
County of
The foregoing instrument was acknowledged before me this ~nct day of
~'e I~rccc~r~ , 1996 by /~'~ i¢$~ 1¢' )Oo.~/e~] (name of person
j -'
acknowledging), who is personally known to me er '.;'ho ~as produced
------- (typc of identification) as identification and who
did (did-trot) take an oath.
Signature of Notary Public ~/~tate
of Florida
Print, Type, or Stamp Name off'
Notary Public
8
Date of Execution by Purchaser:
, 1996
CITY OF DELRAY BEACH, FLORIDA,
a Florida municipal corporation
By:
Title:
ATTEST:
City Clerk
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
City Attorney
patel3.agt
9
E~q-I i BIT "A"
fhe North 150 feet of the South 290 feet of the East 170 feet of South one-lmlf of the
Northwest one-quarter of the Southwest one-quarter of the Southwest one-quarter; Less East
40 feet for road right-of-way, Section 4, Township 46 South, Range 43 East, Palm Beach
County, Florida, also described as:
/" Commencing at an kon rod on the ~esterly right-of-way line of Sbacrest Boulevard, which is
140 feet North of and 40 feet West of the southeast eorne~: of the Northwest one-q .uarter of the
Southwest one-quarter of the Southwest one-quarter of Section 4, Township 46 South, Range
43 East, Palm Beach County, Florida; thence nm South 89° 47' 35" West for a distance of
130 feet to a concrete to a concrete monument; thence nm North 0° 32' 25' West for a
d~stance of 150 feet to a concrete monument; thence nm North 89° 47' 35' East for a distance
of 130 feet to an iron rod on the westerly right-of-way line of Seacrest Boulevard; thence nm
South 0° 32' 25" East along the westerly fight-of-way line of Seacrest Boulev..ard a distance of
150 feet to the point of beginning. --
Lr~$ AND F_XCI!PT any portion of the property used for public right-of-way.
Tax ID Number or Folio Number
of Property:
Grantee's Social Security Number or
Tax ID Number
EXItIBIT B
Prepared by and
AFTER RECORDING RETURN TO:
Susan Ruby, Esq.
City Attorney
200 N.W. Ist Avenue
Delray Beach, Florida 33444
STATUTORY WARRANTY DEED
RAJESH K. PATEL, ("Grantor") whose address is
for and in consideration of the sum of TEN AND NO/100 DOLLARS ($10.00) paid to Grantor and
other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged,
as GRANTED, SOLD and CONVEYED and does hereby GRANT, SELL and CONVEY unto the City
of Delray Beach, whose address is 100 N.W. 1st Avenue, Delray Beach, Florida, 33444 in fee simple
title, tl.~at certain land located in Pahn Beach County, Florida, being more particularly described in
~, attached hereto and incorporated herein by reference, together with ali improvements, if
any, located on such land (such land and improvements being collectively referred to as the
"Property").
This conveyance is made and accepted subject to all matters (the "Permitted Exceptions") set
forth in ~, attached hereto and incorporated herein by reference.
TO HAVE AND TO HOLD the Property, together with all and singular the rights and
appurtenances pertaining thereto, including all of Grantor's right, title and interest in and to adjacent
streets, alleys and rights-of-way, subject to the Permitted Exceptions, unto Grantee and Grantee's heirs,
successors and assigns forever. And Grantor hereby covenants, with Grantee that, except as above
noted, that at the time of tile delivery of this Warranty Deed the .Property was free from all
encumbrances made by it and that Grantor will warrant and defend the same against the lawful claims
and demands of all persons claiming by, through or under Grantor, but against none other.
EXECUTED on the date set forth in the acknowledgment attached hereto to be effective as of
the __ day of , 199
WITNESS: RAJESH K. PATEL
Name: Grantor
Nalne:
State of Florida
County of
The foregoing instrument was acknowledged before me this day of
, 1995 by (name of person
acknowledging), who is personally known to me or who has produced
(type of identification) as identification and who did (did
not) take an oath.
Signature of Notary Public - State
of Florida
Print, Type, or Stamp Name of
Notary Public
EXHIBIT "A'
fhe North 150 feet of the South 290 feet of the East 170 feet of South one-half of the
Northwest one-quarter of the Southwest one-quarter of the Southwest one-quarter; Less East
40 feet for road right-of-way, Section 4, Township 46 South, Range 43 East, Palm Beach
County, Florida, also described as:
Commencing at an iron rod on the {~esterly right-of-way llne of S~acrest Boulevaxd, which is
140 feet Ho.nh of and 40 feet West of the southeast corner of the Northwest one-quarter of the
Southwest one-quarter of the Southwest one-quarter of Section 4, Township 46 South, Range
43 East, palm Beach County, Florida; thence nm South 89° 47' 35" West for a distance of
130 feet to a concrete to a concrete monument; thence nm North 0° 32' 25" West for a
distance of 150 feet to a concrete monument; thence nm North 89° 47' 35" East for a distance
of 130 feet to an kon rod on the westerly fight-of-way line of Seacrest Boulevard; thence nm
South 0° 32' 25" East along the westerly fight-of-way line of Seacrest Boulev._ard a distance of
150 feet to the point of beginning. --
LESS AND EXCEPT any portion of the Property used for public right-of-way.
EXHIBIT B TO STATUTORY WARRANTY DEED
PERMITTED EXCEPTIONS
TO DEED
1. Taxes and assessments for the year of 1996 and subsequent years, which are not yet due and
payable.
RAJESH K. PATEL, [l]CAssignor"), for and in consideration of the sum of TEN AND
NO/100 DOLLARS ($10.00) and other good and valuable consideration paid to Assignor by [2] the
city of Delray Beach ("Assignee"), the receipt and sufficiency of which are hereby acknowledged, has
ASSIGNED, SOLD, CONVEYED and DELIVERED, and does hereby ASSIGN, SELL, CONVEY
and DELIVER unto Assignee, its successors, heirs~ executors, administrators personal representatives
and assigns, all of Assignor's right, title and interest, if any, in and to the following:
1. All of the fixtures, equipment, machinery, furniture and other personal property (the
"Personal Property") placed or installed on or about the real property (the "Real Property") being
more particularly described in ~, attached hereto and incorporated herein by reference; and,
2. All intangible property (the "Intangible Property") pertaining to the Real Property or
the Personal Property or the use thereof including, without li~nitation, transferable utility contracts,
transferable telephone exchange numbers, plans and specifications, engineering plans and siudies, floor
plans and landscape plans relating to the same or any part of the same.
3. The Assignor for itself and its successors, covenant to and with the Assignee, its
successors and assigns, that it is the lawful owner of the personal property and intangible property; that
they are free from all encumbrances; that it has good right to sell the aforesaid, and that it will warrant
and defend the sale of the personal property and intangible personal property on behalf of the Assignee,
its successors and assigns, against the lawful claims and demands of all persons whomsoever.
By acceptance of this Bill of Sale, Assignee accepts and agrees to all matters set forth herein.
EXECUTED this __ day of , 199
RAJESH K. PATEL
WITNESSES:
Name:
Name:
fhe North 150 feet of the South 290 feet of the East 170 feet of South one-half of the
Northwest one-quarter of the Southwest one-quarter of the Southwest one-quarter; Less East
40 feet for road fight-of-way, Section 4, Township 46 South, Range 43 East, Palm Beach
County, Florida, also described as:
/ Commencing at an iron rod on the ~vesterly right-of-way line of Sbacrest Boulevard, which is
140 feet North of and 40 feet West of the southeast corner of the Northwest one-quarter of the
Southwest one-quarter of the Southwest one-quarter of Section 4, Township 46 South, Range
43 East, Palm Beach County, Florida; thence nm South 89° 47' 35" West for a distance of
130 feet to a concrete to a concrete monument; thence nm North 0° 32' 25" West for a
distance of 150 feet to a concrete monument; thence nm North 89° 47' 35" East for a distance
of 130 feet to an iron rod on the westerly right-of-way line of Seacrest Boulevard; thence nm
South 0° 32' 25" East along the westerly right-of-way line of Seacrest Boulev._ard a distance of
150 feet to the point of beginning. __
! :~:~S AND F_XC£PT any portion of the Property used for public fight-of-way.
~l~ f~q~ERE~Y GIVEN, tlgt ~
~ ff.~ ~ in ~ ~ i~ ~
~ ~ ~ ~ici~l ~, ~e ~r-
~ ~ r~ay, ~ ~, T~p
~ ~, R~ ~ Ea~, Palm ~h
- ~ M ~, R~ ~ East, Palm
~ ~, F~; ~e run
~ ~ ~ ~ W~ ~ di~
j~ ~ ~r~ ~erd; ~e run
LESS ANO EXCEPT any ~i~ ~
~ ~ ~ ~ ~lic
.~ ~ ~cha~ ~ice ~ $72,~.~ an~
~ ~ a~ vmuab~ c~at~
A R~ ~ ~ CiH Commissi~ ~
C~ ~ ~lray Beach, Florida, ay.
[zi~ ~ purc~ ~ ~ g~
~ by ~ Ci~ ~mm~ssi~ at a
~ ~i~ ~ ~ ~Jd at 6:~ a.m.
T~ ~
*~ ~ ~ffay 6~h,
'~ ~cGr~ Ha~, CiH C~k
A~
[lTV OF DELRRV BEIII:H
CITY ATTORNEY'S OFFICE
F. ~ C ¢ ! ~, [ ! t ~z ,: 7: 27 g- 4 ? :; ~dmr' s Direct Line: (~) 243 -7~ l
DELRAY BEACH
AIl.~erica City
1111l'''''' DATE: Febm~5, 1996
TO: Ci~ Co~ission
1993
FROM: Susan A. Ruby, City Attorney
SUBJECT: Contract for ~rchase and Sale of Patel Prope~ (Seacrest~
The contract before you for co~ideration is for ~e purchase of prope~y located adjacent
to ~e NationsBa~ prope~ refe~ed to as the gas s~tion or Patel prope~.
The contract conmi~ ~e sine terns as the previous contract. Mr. Patel is not
interested in reducing the contract price to offset removal of ta~ or to offset ~e cost of
~er test~g on the site.
The con~act purchase amount is $72,500.00. The contract provides for an inspection
period of s~ (60) days wi~ closing to occur ~i~ (30) days a~er the eM of ~e
inspection period. As you may remember, ~ere is a Special Wa~anty Deed in ~e chain
of title ~om B.P. Exploration and Oil Co. ~.P.), ~at provides successors in interest
will inde~ B.P. Oil in ~e event ~at, as a result of con~tion at the site, B.P. is
required m assume liability. Enclosed please find letters from Bill Greenwood and a
copy of a letter from C~is Skerlec regarding enviromental issues on the site.
Please call me if you have any questions. By copy of ~is memorandum to David
Harden, Ci~ Mamger, our office requests that ~e a~ched Resolution inco~orating ~e
contract for purchase and sale, be placed on the Ci~ Co~ission Febma~ 20, 1996
ageMa for City Co~ission action.
Auac~ems ~-- O
cc: David H~den, CiW Manger
Alison MacGregor Ha~, City Clerk
Robe~ Barci~ki, Assismm CiW Manger
William Greenwood, D~ector of Enviro~emal Services
Pr/nted on Recyc/ed Pa?.er
TO: DAVID T. HARDEN
City Manager ~~,
FROM: William H. Greenwood
Director of Environmental Services
SUBJECT: SEACREST PROPERTY ACQUISITION (PATEL PROPERTY)
PROJECT NO. 96-08
DATE: January 26, 1996
The Ground Penetrating Radar (GPR) test was completed at the Patel property on Friday,
January 19, 1996. The GPR test was performed over four (4) possible tank sites. The
remaining tank sites from the original gas station could not be located using GPR since
the sites are under the existing building.
Three of the sites showed no evidence of abandoned tanks, the fourth site showed the
location of an abandoned tank of approximately 500 to 1000 gallons. To verify the GPR
results, Nutting Engineers performed some auger borings within the location of the
abandoned tank. Three feet below the surface a metal tank was found.
The enclosed site plan from the original gas station shows the four (4) locations of the
GPR tests. Number three (3) is the tank that was found.
Based on all the information obtained from this site, it may be reasonable to assume that
only one tank still exists. This is assuming that the tanks under the existing building were
removed during construction. Furthermore, based on the tank removal estimates
previously obtained, the cost for removing the found tank should be less than $2,000.00
assuming the tank does not contain hazardous wastes.
'There are still some inherent risks in acquiring this property, however, through field test
many variables have been eliminated. The remaining assumptions can only be eliminated
by excavating the found tank and by demolishing the building.
Enclosure: 1
Susan Ruby, City Attorney
C. Danvers Beatty, P.E., City Engineer
File: 96-08(A)
DR. BERNARD SHULMAN
THE SCHOOL DISTRICT
OF PALM BEACH COUNTY, FLORIDA SUPERINTENOEN?
OF SCHOOLS
ENVIRONMENTAL CONTROL OFFICE
1400 NORTH FLORIDA MANGO ROAD
WEST PALM BEACH, FL 33409
(407) 684-5154
TO: Jan Hansen
Planning & Real Estate
FROM: Chris M. Skerlec ~
Environmental Control Officer
DATE: January 24, 1996
SUBJECT: Seacrest Property Acquisition/Atlantic High
Please address the following concerns in any agreement that the
School District enters into prior to accepting the Seacrest
properties. I have reviewed the environmental audit reports
provided to the City of De!ray Beach by Nutting Engineering and
have visited the site.
The environmental audit by Nutting Engineering has confirmed that
fuel tanks, monitoring wells and a potable water well remain on
site. They have done some preliminary soil and groundwater
sampling in the area of existing fuel tanks and where tanks were
previously removed. OVA readings on soil samples showed very
minimal contamination in one area. My concern is that no soil
samples were taken in the area of the 3 fuel islands which is often
a site of contamination caused by leaking pumps, fuel lines and
spillage. Also not addressed in the audits, is whether or not
hydraulic lifts exist or existed inside the service station garage.
Again, these lifts are often a source of contamination.
Further testing is called for during the removal of tanks, fuel
lines, fuel islands and hydraulic systems.
I recommend that the School District not accept this property until
all fuel tanks and lines, monitoring wells, potable water well and
any hydraulic systems are completely removed from the properties
and documentation is received that no contamination cleanup is
required by the regulatory agencies, Palm Beach County DERM or the
Florida Department of Environmental Protection.
Language to this effect should be included in any agreement we
sign.
~ansen/Skerlec
January 24, 1996
Page 2
Architect Services also is looking to receive the propermy with all
buildings, paving and debris removed and the site rouqh graded.
If you have any questions on these comments, please call me at PX
45154.
cc: Larry Zabik, Asst. Supt./Support Services Mike Murgio, Planning & Real Estate
Russ Smith, Coordinator/Architect Services
Agust Hernandez, Plannin~ & Real Estate
Bob Rosillo, Associate Counsel/Legal Services
Bob Skakandy, RE Acq. Coordinator/Planning & Rea! Estate
Earl Shinder, Design Review Spec./Architect Services
Dan Whetstone, Coordinator/Regulatory Compliance
NOTICE IS HEREEY GIVEN, ~t the
City of Ddray BeKh, Fl(x'id~, has de-
terfflil~d it to be in rde best int~es~ of
1he City to Iwrchase c~ain real proG-
mW la' rmmk:lpal pm'pos~ mm'e
Swtl'A~qt er, e(lu~rle' of the Sout'n-
~ right. M,way, Section ~
4~ Seul~, Range 43 East, Palm BeKh
B~lt' rfg~'.M~¥ IM of .~crest
in(~ 4~ tost West of ffm twtheast cot.
W ~..qu~rlar of ?tm
~ ~rt~ of Section 4, Tow~
tip 4J ~ ~ 43 E,]St,
Beac~ Co~, F~ida; thence ru~
swm lBO 47, 3s. west tm. ~ distance o!
13g f~ to a C~lCrate monumerlt;
toelce ~ Ngrth ~ West a dis-
East f~' a distance of 13~ feet to an
I/'gll rKI on the ~taterly rigtff.of.way
lirle of S~ B~utevar(~; thence run
.(~/;ulh 0o '~2' 2S~ E~st along the v,,..~-teq-ry
rigt~g~ line d Se~ Bo~levarcl
giming.
LESS A~D EXCEPT ~y
ri~.~y.
,~iec~ to ee~, restrictions, lim-
A R~01gtiMt of the City CMttmitsio(l of
t~'izlng trw pqJrchase of the
ado~Non by the City Commiss~ at
regular meting to be held at 6:QQ p.m.
The News
City of Ddray B~'h, Florida
Alison MKGre~' Hah'y, C~
Ad/3~16