Res 38-02RESOLUTION NO. 38-02
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, DESCRIBED AS
PARCEL C, lJ. PARK OF COMMERCE REPLAT LOCATED
EAST OF CONGRESS AVENUE AND ON THE NORTH SIDE
OF DR. CAROL KROLL WAY AS MORE PARTICULARLY
DESCRIBED HEREIN; HEREBY INCORPORATING AND
ACCEPTING THE CONTRACT STATING THE TERMS AND
CONDITIONS FOR THE SALE AND PURCHASE BETWEEN
PACKAGED ICE SOUTHEAST, INC. AND THE CITY OF
DFJ.RAY BEACH, FLORIDA.
WHEREAS, the City of Delray Beach, Florida, wishes to acquire Parcel C, LL Park of
Commerce Replat located East of Congress Avenue and on the North side of Dr. Carol Ktoll Way,
for stormwater retention purposes; 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 ORDAINED 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 Packaged Ice Southeast, Inc., as Seller, land for stormwater retention
purposes, for the purchase price of Six Hundred Sixty-One Thousand Four Hundred dollars
($661,400.00), and other good and valuable consideration; said parcel being more particul?ly
described as follows:
Parcel C, LL Park of Commerce Replat, according to the plat thereof
on file in the office of the Clerk of Circuit Court in and for Palm
Beach County, Florida, in plat book 72, pages 91 & 92.
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.
2002.
PASSED AND ADOPTED in regular session on the 7'~ day of ~ ,
ATTEST:
MAYOR
City Clerk
2 RES. NO. 38-02
NOTICE OF INTE~ TO ACQUIRE REAL PROPERTY
NOTICE IS HEREBY GIVEN, that the City of Delmy Beach, Florida, has determined it
to be in the best interest of the City to purchase certain real property for municipal purposes,
more particularly described as follows:
Parcel C, LL Park of Commerce Replat (Plat Book 72, pages 91
and 92), more particularly described in documents found in the
City Clerk's Office.
The purchase is for Six Hundred Sixty-One Thousand Four Hundred Dollars (US
$661,400.00) and is subject to the terms and conditions of the contract on file with the City
Clerk. A Resolution of the City Commission of the City of Delmy Beach, Florida, authorizing
the purchase of property and incorporating the terms and conditions of such purchase will be
considered for adoption by the City Commission at a regular meeting to be held on Tuesday, May
7, 2002 (or at any continuation of such meeting which is set by the Commission) at 6:00 p.m. in
the Commission Chambers at City Hall, 100 N.W. 1st Avenue, Delray Beach, Florida.
PUBLISH:
April 26 & May 3, 2002
Boca Raton/Delray Beach News
CITY OF DELRAY BEACH, FLORIDA
Barbara Garito
City Clerk
I:IT¥ OF DELRI:I¥ BEflI: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: 561/243-7091
1993
DATE: May 1, 2002
MEMORANDUM
TO:
FROM:
City Commission
Brian Shutt, Assistant City Attorney
SUBJECT:. Acquisition of Property for Retention
Resolution No. 38-02 authorizes the City to purchase certain property located east of
Congress Avenue and on the north side of Dr. Carol Kroll Way from the Reddy Ice
Corporation for the purchase price of $661,400.00. The purpose of the acquisition is to
provide for stormwater retention for the newly constructed N.W. 18th Avenue project.
Incorporated within the resolution are the terms and conditions of the contract for sale and
purchase. The contract provides for the closing to occur by July 5, 2002. The seller shall
furnish a title commitment to the City prior to closing and shall pay the cost for
documentary stamps. The seller will pay all commissions.
By copy of this memo to David Harden, please place this item on the May 7, 2002 City
Commission agenda. Please call if you have any questions.
Attachments
CCi
David Harden, City Manager v~
Barbara Garito, City Clerk
Randal Krejcarek, City Engineer
RESOLUTION NO. 38-02
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, DESCRIBED AS PARCEL C, LL PARK
OF COMMERCE REPLAT LOCATED EAST OF CONGRESS AVENUE
AND ON THE NORTH SIDE OF DR. CAROL KROLL WAY AS MORE
PARTICULARLY DESCRIBED HEREIN; HEREBY INCORPORATING
AND ACCEPTING THE CONTRACT STATING THE TERMS AND
CONDITIONS FOR THE SALE AND PURCHASE BETWEEN REDDY
ICE CORPORATION AND THE CITY OF DELRAY BEACH, FLORIDA.
WHEREAS, the City of Delray Beach, Florida, wishes to acquire Parcel C, LL Park of Commerce
Replat located East of Congress Avenue and on the North side of Dr. Carol Kroll Way, for stormwater
retention purposes; 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 ORDAINED 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 Reddy Ice Corporation, as Seller, land for stormwater retention purposes, for the purchase
price of Six Hundred Sixty-One Thousand Four Hundred dollars ($661,400.00), and other good and
valuable consideration; said parcel being more particularly described as follows:
Parcel C, LL Park of Commerce Replat, according to the plat thereof on file
in the office of the Clerk of Circuit Court in and for Palm Beach County,
Florida, in plat book 72, pages 91 & 92.
Section 2. That the terms and conditions contained in the contract for sale and purchase and
addenda thereto between the City of Delray Beach, Florida, and the Seller as hereinabove named are
incorporated herein.
PASSED AND ADOPTED in regular session on the __
day of ,2002.
ATTEST:
MAYOR
City Clerk
Ap~-3O-O2 1:23P¥;
P
~oo2/oo7
FOR S~*~ OF c'Q~~ _u~-_&L _~-STA~T,
Tiffs CONTRACT of.~dc mede ~his day of April. 2002 by and bctwe~ REDDY ICE
CORPORATION, lzeze~aflcr callcd thc Seller. e~l CITY OF DE/RAY BEAC'R', l~-~naftcr
7557 RamMer l~a~. Sult~ 1200, ]~/~s. Tex~ 7~231: and ~ 1~ o~e ~ d20 Col~
~c, S~ lOS, ~t P~ B~ ~lo~d~ ~ ~ ~ ~ ScU~ ~ sum of
~OU~ ~L~ ~ NO/I~ (~]0,~.~) ~ ~ ~ ~ ~d~
~~ of ~ ~ ~ ~~ F~-I~ TRUU~D ~~S AND
~ ~t:
335 No~h Cm~p~s A~.~ md addifior~ly d~b~! ~m Exhibit "A" ~ hcrct~.
&D, II,~'I'~,'/~NT$ TO BE MADE AT TLM~ Off CLO~MG:
(2)
~~ ~cr ~ ~ ~ ~py of a ~y ~~ Co~t by 6:~ m (~ on ~ g,
~ ~s ~ m~ ~d ~ ~~ m ~ T~lg ~c Co~~ m 420
~bm ~vc, S~ 105, W~ ~m R~h. ~ ~ May 14, 2~2. ~Ucr ~1 ~ovc ~
C.'~w~dr~w~ *TF. MAI~A~ IC'R- ~ r~usw:~ r)t~
04/30/02 TUE 15:50 [TX/RX NO 9758]
0~/30/0Z 14;~4
871 20~3 GINI;BURG
~O03/OO?
REDDY [CE C~RPDR&TZO~;
2'~ d, 52el $~2; Apr-30-O~ 1: ~3PM; P~Js
'alm*c pmpgny at Closia&.
APPROVAd, OF 1TIe-In- COMmie'S: Whhin t~,~ty (~) ~
~ S~ s~ ~h ~ ~ ~r a ~t ~mi~nt ~ia~ C~~
o~ ~ ~r's Poli~ of ~ ~~ xo ~ Buy~ ~ ~= Tiff=
]c~ble co~ of ~l ~m~ ~~ ~~ m ~s title
~ ~~ ~ ~!1~ ~ ~ fi~ (5) ~ ~ ~i~ ~s~
~ S~m is ~ obl~s~ m ~ ~ s~ objeX, la ~c ~t S~l~
~li~ a ~n~ ~ m Sdl~ ~m;~ five (~) days ~ ~ ~i~
DEFAULT BY SELLER: iu t~ e~.nt ttmt Seller slmuld f~ m ~~ ~ t~~
~g~ ~ of ~c ~go~ m Sofia's obh~ ~ ~ ~ B~ ~y, ~ its Mlc ~
~ti~. No ~sy ~ ~i~ou ~ ~ ~ of~y d~t m ~m~y s~ imp~ ~ ~ m
or ~ ~y ~~ ~ of ~e ~ ~ ~ ~ ~ co~t ~ co~on h~
D~i~AI, TLT BY I~JYER; la thc cv,.mt Buyzv shoubt f~ m ~m i~ ~]ig~ ~ f~
~y ~ mcpt ~ ~ ~H~ ~ ~ f~lu~ af Scli~ ~ ~ ~y of ~c ~m ~
B~v~'s obli~ ~ r~ ~ ~11~, ~ ~'s so~ ~ ~cl~ ~cdy, ~l ~
~fid~ ~ ~-~ ~ C~ ~ ~ thc ~ M~, ~ s~ ~i~ ~ u~n
04/30/02 TUE 15:50 [TX/RX NO 9758]
04,'30/0~
's~nt ~y: REDI~¥
IcE CoRPOR~,TIo~; 21 ~2~153~;
Prigs
thcrt-ai~r ~ccu~nF~ ~ waiver by Scll=r of any condition ~r t~ biv. a~h ofapy term. covermnt
or =ondifi~n he,-in conlained shall not ix: ~-,-moa to be a waiver of arty otl~r condition or of any
polluu~s or o~er env~ 'hamads (~ snch m~ be ~ from dmc to ~,',~. by
applicable law~ and ,=gul~ions) on or adjacent ~o the propm'ry, and Bm~'r is r, zlyi~ on i~s own
~on oftl~ ;',,,pzr~ ~o ddcrminc ils em,;m~znm] cemiifi~m mxt suita~iJity fnr Buyer's
INSPRCTION: Bw/cr g~l ~ a period or forty-~ (¢S) days beglnain! May 7. 2002,
(hmp~ion Period) i~ whirJs t~ ~ an inspection of ~ pwpcrty arat m r**Gn~ f,,2,,ibility
studies rega~l/ng Buyer's intended use ofu~ ~y. B~'s audi~
to ~ ~. Bu~, i~ ~, ~1~. ~ ~ ~ ~1 ~ ~ ~t of
~lc ~ o~ ~ ~ ~g ~ ~cn ~ for ~ Of
~s of~ from ~ ~ ~ ~s ~ 5~ which
n ~t of ~y B~ ~ ~nsl ~ P~ ~ ~ ~ ~k ~ ~ on ~f of Buy~.
a ~ of Ba~s ~ If Buycr d~=, in B~'s ~ di~ no ~t~ how
~f lo ~ ~ or ~ ~ ~ day of ~ ~o~ P~ ~,
04/30/02 TIlE 15:50 [TX/RX NO 9758]
Ser~
~-30-202 ,~: 5~PM FROM 5~1 +835+023,~
By:. RI~DDY IcE
&pr-aO.02 1:2SP~;
~.6
~oo5/oo?
Page
any further righss or obli~el~ms bcrcunder ~ for those rights and ~bli~ons which
exFressly survive ~ ~u~ulndiou of this Con, act.
SI'~;CIAL CONSi~I~,I~aTION$:
Any dispua~ arisiu~ from 'dd,s Conu-ac~ faz s~dc ,reed pumbasc ~ Ix: n:solvcd pu~ ~o tis:
law~ of Florida with v~uue in Palm Beada Cauu~, Florid~
Thc' -F~c~vc Dalc wilt be ~c dane ~ ~ac last or~ at* lhc Buyer and Seller has signed zhis
Ca,tract.
04/30/02 TUE 15:50 [TX/RX NO 9758]
4-38-282 4:.~BPM FI~OM SE;1 +B35+8234
Se0t By: REDDY ZI::E CORPOflATZON; 214S~&I~:3E;
Apr-3O-02 I:2SPM;
~005/007
Page
ff~'l'A~ COMM/~qLqlON: Commissiot= m be paid by Sc~.r ~= coarecti~ w~r~ this
bee= ner, otiated bemmca SrJlez and Bmr. CammL~ons sh~l be ~m~d at
Shall lC--edve 3.0 %
have fully read, -,,a,-tstand, and acept all tl~ provisions of this contras.
City of Del 'Ray
Reddy Igc
c,,'o Southern Asset
~1~, T~ 75201
~: 2~-73 ~3
F~: 21~1-2~
B~ B,mtin~ / Antietam & Cra,r, ~
:521 ~ Olive A'eenue
W~st Palm lae'ar~ ,Florida 3340l
561/933-16&1
561/833-0Z~ fax
Paui'L~
7763 Glades it, md
Boga ~ustm'k Floz~da 33434
~61/4T~122S
~U479-204! ~X
04/30/02 TUE 15:50 [TX/RX NO 97581
04/30/0Z ~.4:36
~007/0U7
I~arce! C, LL PARK OF COMMERCE REPLAT, accord;ng t~ the plat thereof, recorded in mat
Book 72, Page S~, PulatJc Records or Palm I~each County, Florida.
04/30/02 TUE 15:50 [TX/RX NO 9758]