08-16-78 AUGUST 16, 1978
A Special Meeting of the City Council of the City of Delray
Beach, Florida, was held in the Council Chambers at 7:00 P.M., Wednes-
day, August 16, 1978, with Mayor Leon M. Weekes presiding, City Manager
J. Eldon Mariott, City Attorney Roger Saberson, and Council Members
Robert D. Chapin0 Charlotte G. Durante, Aaron I. Sanson, IV., and
James H. Scheifley present.
Mayor Weekes called the meeting to order and announced that
same had been called for the purpose of considering purchase of the
Delray Beach Country Club.
The City Attorney called attention to paragraph 2 on page 2
of the contract wherein the provision was made that in the event of
a default the purchaser would have to pay liquidated damages of
$140,000; it was agreed that this would be stricken and in place of
that each party would just be left to their usual contract remedies.
The City Attorney advised he discussed this subject with Mr. Kelly,
Mrs. Harris' son-in-law, and Mr. Kelly advised he would like the
City to prepare the contract as we would like to have it prepared
and they will react to it at that point. The City Attorney stated
that if it is necessary for either party to pursue a remedy, the
prevailing party would be entitled to their cost and fees.
The City Attorney advised that in regard to reimbursement of
the memberships, the seller is going to reimburse the unused portion
of the membership fees and the fees will be determined as of the date
of the closing. He further stated that the seller would not permit
the City to use any of the equipment or personal property for any
period of time after closing, so a clause was inserted that the seller
would remove any of their property remaining on the premises within
30 days after closing at their expense.
The City Attorney stated that with regard to Schedule A there
is going to be an amendment to the legal description under encroach-
ments as at present the 6th green encroaches on the seller's property
and there are two buildings of theirs that would encroach on our
property. The legal description would be amended so that the encroach-
ments would be corrected and each side would receive an equal amount
of property in exchange to clear the encroachments. There will be a
survey and the cost of the survey will be split equally between the
parties.
The City Attorney advised that the seller has requested the
use of the road that goes from Congress Avenue through to Homewood
Boulevard for 90 days after closing for the transporting of their
carts and equipment.
The City Attorney advised he would recommend Council authorize
the execution of the agreement along the lines that he has outlined
and also that Council further authorize the City Attorney, in conjunc-
tion with the City Administration, to finalize the details and make
minor changes as needed to finalize the contract transaction.
Mr. Chapin moved that the City Council authorize the Mayor to
execute a contract exercising the City's option for repurchase of the
acreage that was deeded away by the City in 1958, subject to non-sub-
stantive minor technical revisions that may be suggested and approved
by the City Administration and City Attorney, seconded by Mr. Scheifley.
Said motion passed unanimously.
The City Attorney explained that the second contract is for
the purchase of the small additional acreage. It is a standard real
estate contract with the closing of this particular parcel simultan-
eous with the closing on the option for the overall Country Club.
The purchase price is $85,000 with a 10% downpayment to be held in
trust by the seller's attorney, and provides that the seller will
supply the City with title insurance at seller's expense. One clause
on the second page provides for conveyance by Special Warranty Deed;
that should be deleted and it should read "Statutory Warranty Deed".
The contract is set up whereby it provides that in the event of a
default the 10% deposit would be forfeited.
Mr. Chapin moved that Council authorize the Mayor to enter
into the contract for the purchase of approximately 5.9 acres as
described by the City Attorney subject to any technical or non-
substantive or procedural recommendations that may be made by the
City Attorney or the City Administration, seconded by Mrs. Durante.
Said motion passed unanimously.
The City Attorney advised that the hearing for the bond
validation is going to be on October 26, 1978, at 9:30 A.M., the
earliest possible hearing date he could get. The appeal time of
30 days will run from that date, to November 26, 1978, and the earli-
est possible date the City could receive the money would be November
27, 1978.
The Finance Director stated upon question by Mr. Sanson that
it would probably be mid December or early January, 1979, before we
would receive the money.
Mr. Scheifley moved at 7:17 P.M., for the adjournment of the
meeting, seconded by Mrs. Durante. Said motion passed unanimously.
APPROVED:
MAYOR
The undersigned is the City Clerk of the City of Delray Beach
and the information provided herein is the minutes of the meeting of
said City Council of August 16, 1978, which minutes were formally ap-
proved and adopted by the City Council on ~, ~., ~/~f .
- J- City Clerk
NOTE TO READER:
If the minutes that you have received are not completed as indicated
above, then this means that these are not the official minutes of the
City Council. They will become the official minutes only after they
have been reviewed and approved which may involve some amendments,
additions, or deletions to the minutes as set forth above.
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8-16-78