Res 54-02RESOLUTION NO. 54-02
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, AS
DESCRIBED HEREIN, HEREBY INCORPORATING AND
ACCEPTING THE CONTRACT STATING THE TERMS
AND CONDITIONS FOR THE SALE AND PURCHASE
BETWEEN THE SFJJ.ERS AND THE CITY OF DFJ.RAY
BEACH, FLORIDA.
WHEREAS, the City of Delray Beach, Florida, wishes to acquire certain property, fronting
the Delray Beach Fire Station on the south side of Germantown Road, southeast of l.inton
Boulevard in Delray Beach; 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.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOIJ.OWS:
Section 1. That the City Commission of the City of Delray Beach, Florida, as Buyer,
hereby agrees to purchase from Norman W. Blood, Jr., III and James D. Blood, as Sellers, land for
the purchase price of Twenty-Four Thousand Dollars ($24,000.00), and other good and valuable
consideration; said parcel being more particularly described as follows:
See Exhibit A
Section 2. That the terms and conditions contained in the contract for sale and
purchase and addendum thereto between the City of Delray Beach, Florida, and the Seller as
hereinabove named are incorporated herein (as Exhibit B).
2002. PASSED AND ADOPTED in regular session on this the ~,~ day of~6~
ATTEST:
City Clerk
MAYOR
2 RES. NO. 54-02
Plat Map
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[IT¥ OF DELRFI¥ BEFI[H
CITY ATTORNEY'S OFFICE
TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755
Writer's Direct Line: 561/243-7091
1993
TO: City Commission
David Harden
MEMORANDUM
FROM:
Susan A. Ruby, City Attorney
SUBJECT: Fire Station #5Access
In 1991 the City entered into an agreement to acquire land from the Bloods to
accommodate Orchard View Park and Fire Station #5, located on Linton and
Germantown Road. As part of that purchase, the City acquired an access
easement which was to cease when Germantown Road was realigned or no later
than January 1, 2001. It was anticipated that the realigned read would alleviate
the need for the access easement. It appears however, that the realignment of
Germantown Road was such that a gap was created when the access easement
expired.
The Contract for Sale and Purchase seeks to obtain the land not covered by
previous agreements to provide access. The appraised value of the land was
$24,000.00.
The Contract for Purchase of the land in the amount of $24,000.00 is before you
for approval. The Contract requires a closing by October 1,2002.
Our office requests this matter be placed on the July 2, 2002 City Commission
agenda for approval.
u have
SAR:ci
Attachments
CC;
any questions.
Barbara Garito, City Clerk
Chief Kerry Koen, Fire Department
Dick Hasko, Director of Environmental Services
Randal Krejcarek, City Engineer
RESOLUTION NO. gdt- ~E2..
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, AS DESCRI]3ED HEREIN, HEREBY
INCORPORATING AND ACCEPTING THE CONTRACT STATING
THE TERMS AND CONDITIONS FOR THE SALE AND PURCHASE
BETWEEN THE SELLERS AND THE CITY OF DELRAY BEACH,
FLORIDA.
WHEREAS, the City of Delray Beach, Florida, wishes to acquire certain property, fronting the
Delray Beach Fire Station on the south side of Germantown Road, southeast of Linton Boulevard in Delray
Beach; 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.
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 Norman W. Blood, Jr., III and James D. Blood, as Sellers, land for the purchase
price of Twenty-Four Thousand Dollars ($24,000.00), and other good and valuable consideration; said
parcel being more particularly described as follows:
See Exhibit A
Section 2. That the terms and conditions contained in the contract for sale and purchase and
addendum thereto between the City of Delray Beach, Florida, and the Seller as hereinabove named are
incorporated herein (as Exhibit B).
PASSED AND ADOPTED in regular session on this the ~ day of
,2002.
ATTEST:
MAYOR
City Clerk
Plat Map
· -- ~'~' 7.51
/' O.X £ t".,~ $/'
CONTRACT FOR SALE AND PURCHASE
PARTIES: NORMAN W. BLOOD, JR., NORMAN BLOOD, III AND JAMES D.
BLOOD, ("Seller"), and CITY OF DELRAY BEACH, a Florida muniopal corporation,
("Buyer"), hereby agree that the Seller shall sell and Buyer shall buy the following
described Real Property and Personal Property (collectively "Property") upon the
following terms and conditions, which INCLUDE the Standards for Real Estate
Transactions ("Standard(s)") on the reverse side hereof or attached hereto and nders
and any addenda to this Contract for Sale and Purchase ("Contract"):
DESCRIPTION: See attached survey.
II. PURCHASE PRICE ..................................... $24,000.00
III. TIME FOR ACCEPTANCE; E,--FECTIVE DATE: If th~s offer ~s not executed by
and delivered to all parties OR FACT.~... F_...~J~,UT~.ON communicated in wnting
between the parbes on or before JulyS, 2'062 the oC~poslt(s) wdl, at Buyer s option, _b,,e,
returned to Buyer and the offer withdrawn. The date of this Contract ("Effective Date )
will be the date when the last one of the Buyer and the Seller has signed this offer.
IV. TITLE EVIDENCE: At least 7 days before closing date, Buyer shall obtain a btle
insurance commitment.
V. CLOSING DATE: This transaction shall be closed and the deed and other
closing papers delivered on October 1, 2002, unless extended by other provisions of
this Contract.
VI. RESTRICTIONS; EASEMENTS; LIMITATIONS: Buyer 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 (easements are to be located contiguous
to Real Property lines and not more than 10 feet in width as to the rear or front lines and
7 ½ feet in width as to the s~de lines, unless otherwise specified herein); provided, that
there exists at closing no v~olation of the foregoing and none of them prevents the. use
of Real Property for Fire Station purpose.
VII. OCCUPANCY: Seller warrants that there are no parties in occupancy other than
Seller, except as provided and permitted by the Intertocal Agreement, but if Property is
intended to be rented or occupied beyond closing, the fact and terms thereof shall be
stated herein, and the tenant(s) or occupants disclosed pursuant to Standard D. Seller
agrees to deliver occupancy of Property at bme 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 deemed to have accepted Property in their existing condition as
of time of taking occupancy unless otherwise stated herein or in a separate wntlng.
P. XH~B~T B
VIII. TYPEWRITTEN OR HANDWRITTEN PROVISIONS: Typewritten or handwritten
prows~ons shall control all printed provisions of Contract in confhct w~th them.
IX. ASSIGNABILITY: Buyer may not assign Contract.
X. DISCLOSURES:
(a)
(b)
Radon is a naturally occurring radioactive gas that, when 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 ¢ound in buildings m Florida. Additional information
regarding Radon or Radon testing may be obtained from your County
Public health umt.
Buyer may have determined the energy efficiency rating of the residential
building, if any ~s Iocate~, on the Real Property.
XI. SPECIAL CLAUSES; ADDENDUM: If additional terms are to be provided, they
will be provided in the attached addendum. If there is an addendum, check here.
BUYER:
ATTEST:
CITY OF DELRAY BEACH, FLORIDA
By:.
City Clerk
Oawd W. Schmidt, Mayor
Approved as to Form:
City Attorney
Print Name:
STATE OF FLORIDA
COUNTY OF PALM BEACH
SELLER:
By:
Norman W. Blood, Jr.
/No?an/~ B~, I1~1
ames ~}. Blood
The foregoing instrument was acknowledged before me this /0 day of
(~-~ ~ 2002, by Norman W. Blood, Jr. who is personally known to me or who
ha4roduced as identification.
,Cigna re Of ~otary Pub)i ~State
of Fa~orida i~/
~ o
STATE OF FLORIDA ~ ~ ~=~/
COUNTY OF
The foregoing inst~ment was acknowledged before me th~s /~ day of
~~, 2002, by Norman W. Blood, III, who ~s personally known to me or who
ha~produced as identification.
STATE OF FLORIDA ~ ~,,,~~ I
~~ c~ I
COUN~ OF PALM BEACH i~~~ "~~~ I
The foregoing instrument was acknowledged before me this ~O day of
~, 2002, by James D. Blood, who is personally known to me or who has
produced as identification.
of~loqda
ADDENDUM TO CONTRACT FOR SALE AND PURCHASE
SELLER:
NORMAN W. BLOOD JR., NORMAN W. BLOOD, III AND JAMES O
BLOOD
BUYER: CITY OF DELRAY BEACH, a Florida municipal corporation
PROPERTY ADDRESS:
XI. SPECIAL CLAUSES; ADDENDUM (Continued):
A. The soil, surface water, drainage requirements and run off availability,
geological conditions, and environmental state of the property being purchased must be
acceptable to Buyer in Buyer's dis¢'ebon. This shall be determined using existing test
borings and studies or by performm~ other test boring and other soil, geological and
engineering studies which may be conducted by Buyer at Buyer's expense within forty-
five (45) days from the date of this Contract. Notice of the results of such testing shall
be furnished to Seller. During the term of this Contract, the Buyer, or Buyer's
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 the Buyer determines within said inspection period
that the property shall be in a condition unacceptable to Buyer, the Buyer shall have the
right to cancel this Contract by delivering written notice thereof within said inspection
period to Seller and receive a full refund of the deposit paid under this Contract. In the
event the Buyer does not cancel this Contract as aforesaid, the Buyer expressly waives
any and all claims against Seller with respect to the condition of the subject property
and the Buyer accepts the subject property in its "as is" condition. Seller hereby notifies
Buyer that Seller is unaware of any defects or repairs required to the subject property
other than:
B. This Contract is expressly contingent and conditioned upon the approval
of the same by the City Commission of the City of Delray Beach and Norman W Blood,
Jr., Norman W. Blood, III and James D. Blood "
STANDARDS FOR REAL ESTATE TRANSACTIONS
A. Evidence of Title (1) An abstract of title prepared or brought current by a reputable and
ex~stlng abstract firm 0f not ex~stlng then certified as correct by an ex~sbng firm) purporting to be an
accurate synopsis of the ~nstruments affecting t~tle to Real Property recorded ~n the public records of the
county whre~n Real Property ~s located, through Effective Date It shall commence w~th the earhest pubhc
records, or such later date as may be customary ~n the county Upon closing of th~s Contract, the abstract
shall become the property of Buyer, sublect to the right of retention thereof by first mortgagee untd fully
pa~d (2) A title ~nsurance commitment ~ssued by a Flonda hcensed title ~nsurer agreeing to ~ssue to
Buyer, upon recording of the deed to Buyer, an owner's pohcy of btle ~nsurance ~n the amount of the
purchase price, ~nsunng Buyer's t~tle to real property, subject only to hens, encumbrances, exceptions or
quahficatlon set forth ~n th~s agreement and those which shall be discharged by Seller at or before closing.
Seller shall convey a marketable btle subject only to liens, encumbrances, exceptions or quahficabons set
forth ~n Contract. Marketable btle shall be determined according to applicable t~tle standards adopted by
authority of The Florida Bar and ~n accordance w~th law Buyer shall have 30 days, ~f abstract, or 5 days,
~f btle commitment, from date of rece~wng ewdence of title to examine d: If t~tle ~s found defective, Buyer
shall, w~th~n 3 days thereafter, not~fy Setl~ ~n wnbng specifying defect(s) If the defect(s) render t~tle
unmarketable, Seller w~ll have thirty (30) aa,.,~ =rom receipt of notice to remove the defect(s), fa~hng which
Buyer shall, w~th~n five (5) days after expiration of the thirty (30) day period, dehver written not~ce to Seller
e~ther' (1) extending the time for a reasonable period not to exceed 120 days w,th~n which Seller shall
use d~ligent effort to remove the defects; or (:2) requesting a refund of deposit(s) pa~d which shall
~mmediately be returned to Buyer. If Buyer fads to so not~fy Seller, Buyer shall be deemed to have
accepted the btle as ~t ten ~s Seller shall, ~f t~tle ~s found unmarketable, use dd~gent effort to correct
defect(s) ~n btle within the time prowded therefore. If Seller ~s unable to bmely correct the defects, Buyer
shall e~ther waive the defects, or recewe a refund of deposit(s), thereby releasing Buyer and Seller from
all further obligation under th~s Contract.
B. Survey' Buyer, at Buyer's expense, w~thin time allowed to deliver evidence of title
and to examine same, may have real property surveyed and certified by a registered Florida surveyor If
survey shows encroachment on real property or that tmprovements located on real property encroach on
setback hnes, easements, lands of others, or wolate any restrictions, agreement covenants or applicable
governmental regulation, the same shall constitute a btle defect.
C In.qress and E.clress.: Seller warrants and represents that there is ~ngress and
egress to the real property sufficient for the intended use as descnbed here~n, title to which ~s ~n
accordance wffh Standard A.
O Leases: If apphcable, Seller shall, not less than fifteen (15) days before closing,
furmsh to Buyer cop~es of all wntten Ieases and estoppel letters from each tenant specifying the nature
and duradon of the tenant"s occupancy, rental rates, advanced rent and security deposits pa~d by te,qant.
If Seller ~s unable to obtain such letter from each tenant, the same ~nformabon shall be furmshed by Seller
to Buyer w~th~n that brae period ~n lhe form of a Seller's affidawt, and Buyer may thereafter contact
tenants to confirm such ~nformat~on Seller shall, at closing, dehver and assign all or~g~nat leases to
Buyer,
E. Liens: Seller shall furmsh to Buyer at brae of closing an affidawt attesting to the
absence, unless otherwise prowded for heretn, of any financing statements, claims of hen or potcnbal
henors known to Seller and further attesbng that there have been no ~mprovements or repairs to property
for mnety (90) days ~mmediately preceding date of closing. If property has been improved, or repaired
w~th~n that t~me, Seller shall dehver releases or waivers of mechamcs' hens executed by all general
contractors, subcontractors, supphers, and matenatmen ~n addition to Seller's hen affidawt setbng forth
the names of all such general contractors, subcontractors, supphers and matenalmen and further
affirming that all charges for ~mprovements or repairs which could serve as a bas~s for a mechamc's hne
or a claim for damages have been pa~d or wdl be pa~d at closing.
F Place of Clos,nq Closing shall be held m the county where real property ~s
located, at the office of the attorney or other closing agent desIgnated by Buyer
G. Time: Time ~s of the essence of th~s agreement Time periods here~n of less
than six (6) days shall ~n the computation exclude Saturdays, Sundays and state or national legal
holidays, and any time period prowded for hereto which shall end on Saturday, Sunday or legal holiday
shall extend to 5 00 p m. of the next business day
H Documents for Closinq' Seller shall furmsh deed, b~ll of sale, mechamc's lien
affidawt, assignments of leases, tenant and mortgagee estoppel letters, and correct~ve instruments.
Buyer shall furmsh ctos~ng statement, mortgage, mortgage note, security agreement, and financial
statements.
I. Expenses: Documentary stamps on the warranty deed and recording corrective
~nstruments and the warranty deed shall be pa~d by Seller
J. Prorations; credo,- Taxes, assessments, rent, interest, insurance and other
expenses and revenue of property shall be .3rotated through day before closing. Buyer shall have the
opbon to taking over any existing polic=es of insurance, ~f assumable, ~n which event premiums shall be
prorated. Cash at closing shall be increased or decreased as may be required by prorations. Prorations
wdl be made through day prior to occupancy ~f occupancy occurs before ctosmg. Advance rent and
security deposits w~ll be credited to Buyer and escrow deposits held by mortgagee will be credited to
Seller. Taxes shall be prorated based on the current year's tax w~th due allowance made for maximum
allowable discount, homestead and other exempbons If closing occurs at a date when the current year's
mdage ~s not fixed, and current yeads assessments ~s available, taxes will be prorated based upon such
assessment and the prior year's m,lage If current year"s assessment ~s not avadable, then taxes wdl be
prorated on the prior year's tax. If there are completed ~mprovements on real property by January 1st of
year of closing which ~mprovements were not m existence on January 1st of the prior year then taxes
shall be prorated based upon the prior year's mdage and at an equitable assessment to be agreed upon
between the parbes, fading which, request will be made to the County Property Appraiser for an informal
assessment taking into cons~derabon avadable exemptions. Any tax proration based on an estimate may,
at request of e~ther Buyer or Seller, be subsequently readjusted upon receipt of tax bdl on condition that a
statement to that effect is ~n the closing statement.
K. Special Assessment Liens: Certified, confirmed and rabfied special
assessment hens as of date of closing (and not as of Effective Date) are to be paid by Seller Pending
i~ens as of date of closing shall be assumed by Buyer If the ~mprovement has been substantially
completed as of Effective Date, such pending lien shall be considered as certified, confirmed or rabfied
and Seller shall, at closing, be charged an amount equal to the last estimate of assessment for the
~mprovement by the public body
L. Inspection~ Repair and Maintenance: Seller warrants that, as of ten (10) days
prior to closing, the ceding, roof (including the fascia and soffits) and exterior and interior wails do not
have any VISIBLE EVIDENCE of leaks or water damage and that the septic tank, pool, all major
apphances, heating, cooling, electrical, plumbing systems and machinery are ~n WORKING CONDITION.
Buyer may, at Buyer's expense, hawng inspections made of those items by an appropriately Florida
license person dealing tn the construction, repair or maintenance of those ~tems and shall report m writing
to Seller such ~tems that do not meet the above standards as to defects together w~th the cost of
correcting them, prior to Buyer's occupancy or not less than ten (10) days prior to closing, whichever
occurs first Unless Buyer reports such defects w~thm that t~me Buyer shall be deemed to have waived
Seller's warrant~es as to defects not reported, if repairs or replacement are required, Seller shall pay up
to three percent (3%) of the purchase prrce for such repairs or replacements by an appropriately Flonda
hcensed person selected by Seller If the cost for such repairs or replacement exceeds three percent
(3%) of the purchase price, Buyer or Seller may elect to pay such excess, fading which e~ther party may
cancel th~s agreement, if Seller ~s unable to correct the defects prior to closing, the cost thereof shall be
pa~d into escrow at closing. Seller wdl, upon reasonable not~ce, provide ublibes service for inspections.
Between the effecbve date and the closing, Seller shall maintain property including but not hm~ted to the
lawn and slarubbery, m the cond~bon hereto warranted, ordinary wear and tear excepted. Buyer shall be
permitted access for mspecbon of property prior to closing ~n order to confirm comphance w~th th~s
standard.
M. Risk of Loss: If the property ~s damaged by fire or other casualty before closing
and cost of restoration does not exceed the purchase price of the property so damaged, cost of
restoration shall be an obligation of the Seller and closing shall proceed pursuant to the term so the
agreement w~th restorabon costs escrowed at closing. If the cost of the restoration exceeds three percent
(3%) of the assessed valuabon of the ~mprovements so damaged, Buyer shall have the option of e~ther
taking property as ~s, together w~th e~ther the three percent (3%) or any insurance proceeds payable by
wrtue of such loss or damage, or of canceling the agreement and rece~wng return of deposit(s)
N. Escrow' Any escrow agent ("Agent") receiving funds or equwalent ~s authorized
and agrees by acceptance of them to deposIt them promptly, hold same ~n escrow and, subject to
clearance, disburse them m accordance w~th terms and cond~bons of agreement. Fadure of clearance of
funds shall not excuse Buyer's performa~ 'e if ~n doubt as to Agent's duties or habdibes under the
prows~ons of agreement, Agent may, at A§e:.:'s option, continue to hold the subject matter of the escrow
untd the part,es mutually agree to ~ts disbursement, or unbl a judgment of a court of competent jurisdiction
shall determine the rights of the parties or Agent may deposit w~th the clerk of the c~rcu~t court hawng
jurisdiction of the dispute. Upon nobf'ymg all parties concerned of such action, all liabdity on the part of
Agent shall fully terminate, except to the extent of accounting for any ~tems prewously dehvered out of
escrow. If a licensed real estate broker, Agent will comply w~th provisions of Chapter 4.75, F S. (1987), as
amended. Any su~t between Buyer and Seller where Agent is made a party because of acting as Agent
hereunder, or ~n any su~t whereto Agent interpleads the subject matter of the escrow, Agent shall recover
reasonable attorney's fees and costs incurred w~th the fees and costs to be charged and assessed as
court costs ~n favor of the preva~hng party. Part,es agree that Agent shall not be liable to any party or
person for m~sdelivery to Buyer or Seller of ~tems subject to th~s escrow, unless such m~sdehvery ~s due to
willful breach of contract or gross neghgence of Agent.
O. Failure of Performance: If Buyer fails to perform th~s Contract w~thin the time
specified Seller shall be relieved of all obligations under Contract. If, for any reason other than failure of
Seller to make Seller's title marketable after d~ligent effort, Seller fads, neglects or refuses to perform
Contract, the Buyer may seek specific performance or elect to receive the return of Buyer's deposit(s)
without thereby wa~wng any action for damages resulting from Seller's breach.
P. Aqreement Not Recordable; Persons Bound; Notice: Neither th~s agreement
nor any notice of ~t shall be recorded ~n any public records. Th~s agreement shall brad and mute 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 shat[ .be as
effective as ~f given by or to that party
Q. Conveyance: Seller shall convey the property by way o~: Warranty Deed subject
to an easement for any utilities that may exist and he on the property.
R. Other Aqreements: No prior or present agreements or representations shall be
binding upon Buyer or Seller unless included ~n th~s Contract. No mod~ficatton or change m this Cor'tract
shall be valid or binding upon the parbes unless m writing and executed by the party or parties intended to
be bound by ~t.
S Warranties: Seller warrants that there are no facts known to Seller matenally
affecting the value of the real property which are not readily observable by Buyer or which have not been
d~sclosed to Buyer
7
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