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05-24-71 ~AY 24, 197].. A regular meeting of the City Council of the City of Delray Beach, was held in the Council Chambers at 7:30 P.M., with Vice-Mayor Grace S. Martin in the Chair, City Manager J. Eldon Mariott, City Attorney G. · Robert Fellows and Council Members James ti. Scheifley, Leon M. Weekes and O. F. yOungblood being' present. 1. The Opening. Prayer was delivered by Rev. W. Arthur Spruill, Jr. 2. The Pledge of Allegiance to the Flag of the United State of America was given. 3. The minutes of the regular meeting of May 10, 1971, and special meeting of May 13, 1971, were unanimously approved on motion by Mr. Youngblood and seconded by Mr. Weekes. 4. Regarding articles ¢' zn the Miami Hearld, written by Georgia Martinez, and in the Sun Sentinel, written by Herbert Garcia, on low-income hous- ing, Mr. Scheifley commended them for same. 4. Mr. Weekes reported that he received several complaints about the use of water by the City of Delray Beach at the cemetery and other areas during this water crisis, and the City Manager reported that he had re- ceived several calls on same and that the use of water by the City has been curtailed at least 75 per cent recently but that it is necessary to do some watering. 4. Vice-Mayor Martin read the following statement regarding the Sun- shine Law. "Members of Council I 'm sure you noticed in the newspapers recently the conviction of several elected officials for vi- olation of the Sunshine Law. It should remind us that the day of 'backroom' politics in Florida is definitely gone. The new law represents new thinking and we must caution our- selves, all of us, to be ever aware of this. Perhaps it was true that there was a lot of good in 'back- room' politics, and time and money was saved the taxpayer at times, we must forget those days now. We must be sure all problems, ideas, projects, purchases, sales, planning and all issues be aired in the sunshine in front of all four Council Members and the Mayor with the Press and Public invited to be present. ' It is not a question of what method a Council Member might · think best to find out about and resolve an issue. As I see it, we have a new law and we must resolve to fully comply with it in letter and in Spirit.' I, therefore, suggest all issues come before this Council as a whole and the resulting decisions be completely public. I do hope that all of you will support my thinking on this subject." 4. Former Councilman John L. Pitts, III, con~ended Mr. Scheifley on encouraging. the low-income housing project, especially with the re- quirement that the applicaht must be a citizen of Deiray Beach for on'e year. tie then made the following statement regarding the law suit with Dickerson C0nshruction Company: "Members of Council, it has come to my attention that ~he Court Trial with the Dickerson Ccmpany concerning the Delray ~each Reve'ta~ent has again been delayed ur, ti1 perhaps February, ........ .~ hr~S ]i, Oell i}~ Process by t.~.,~O la%QTers, Mr. Cooksie for the D~_ckerson Company and Mr. }tollingsworth for the City of Delray Beach going on. three years. The City is paying Mr. Hollingsworth $35 per hour, and this can become a c°ns.iderable sum over a period of years. Mr. Hollingsworth has always expressed good confidence that the City is in a very favorable position to win this case. It was my hope that he would see this case come to trial this~ June. Apparently, he has failed to do so if my information is correct. Mr. Hollingsworth has been trying for trial dates too long without results. I would like to sug- gest two steps to bring the Revetment Case to conclusion. The first step wou~"d be to inform Mr. Hollingsworth that he should insist the case be brought to trial this June as originally scheduled. If the Judge has irrevocably allowed an extension to next February, then of course, Mr. Hollingsworth cannot comply with. your directive. Usually, it takes two to Tango and it is possible that both lawyers agreed before the Judge to this extension. If this happened, Mr. Hollingsworth should explain to the Council in private, if he wishes, why he assented to this. If on the other hand he fought tooth and nail to prevent the extension, the City should know of this also and why an extension was granted in spite of his valiant efforts. If the City cannot carry out the first step because the extension to February, 1972, is irrevocable, then the second step should be taken. This would be to submit the Case to the American Arbitration A. ssociation, retaining Mr. Hollingsworth to present the Case. Mr. Hollingsworth has expressed previously his objections to Arbitration for this Case, and in fact, threatened to abandon the Case because Arbitration was men- tioned. I say that if he can win this Case before a Judge who knows very little about Revetment Construction, he can surely win it before a panel of Construction Engineers. What reason can there be to prolong this Case for maybe another year when it could be settled in two months? Not only is the postponement costly and wasteful but there is little doubt~ in anyone's mind that no matter who wins the Case it will be ap- pealed and appealed and appealed. This is _not true of Arbitra- tion. Members of Council I ask you, if this Case cannot come to trial this next month to seriously consider taking immediate steps to put this Case in the hands of the American Arbitration Association and to further insist that Mr. Ho!lingsworth, who has been on the Case since the beginning and who has been the recipient of City monies for the last two years or so, handle the Case. It would be a serious blow if he were to drop out of the Case because of a personal dislike for Arbitration. I'm sure he will feel the obligation to present the Case and to conclude it soon as possible. You have all the information.on Arbitration. The cost of trial is insignificant. I hope you will do what is expedient and right. Whether the Dickerson Company will agree to Arbi- tration or not is unkno~ at this time but Council will have t~ken the right step for the good of our City if it proposes Arbitration. Mr. Scheifiey suggested that this s'tatement be discussed at a closed workshop meeting, if the Sunshine Law pe'rmits. Council then authorized the City Manager to contact Mr. Hollingsworth and ask if he did object to the trial ~ate postponement? if the suit can be brought to trial in June of 19717 and if arbitration is feasible? and report to Council on 'same. -2- 5-24-71 5. Mr. Paul Ledridge, a local rea!tor, representing Bayview Limited, o~,n~er of Ocean Beach Lot 25, who has offered to sell same to the City for off-street parking, asked Council to consider purchasing said Lot 25 rather than the two parcels that Council took action on at the last regular meeting. He said this Lot is bound on all four sides by streets which would make it possible for ingress ~r~d egress on streets other than Ocean Boulevard or Gle~son Street, and is of sufficient size that a portion of ~t could be landscaped. He pointed out that the streets abutting this l~t on the North and South are very narrow and if the City purchased the property those streets could be widened, while if Lot 25 is privately owned there is a good possibility of dispute with a developer at the time this property is improved. He read an excerpt~from the April 29, 1971, Traffic and Parking Committee meeting minutes which started that said Committee unanimously recommended that Council make every effort to purchase Ocean 3each Lot 25 for parking purposes. He also read several letters and telegrams from o~ners of property adjacent to the property the City authorized purchase of, opposing said purchase for off-street parking. Council expressed the desire to continue with the plans for pur- chase of property authorized at the last regular meeting. Mr. I. W. Kresser, 234 N. E. 17th Street, voiced his objection to any purchase of land for off-street parking in the beach area. 6.a. Regarding a proposed agreement between thee City and the State Department of Transportation for the beautification, by the City, of South Federal Highway from the south entrance island south to the C-15 Canal, the City Manager recommended that the appropriate City officials be authorized to execute said agreement. Said authorization was unaimously granted on motion by Mr. Weekes and seconded by Mr. Youngblood. (Copy of the Agreement between the City and State Department of Transportation is attached to the official copy of these minutes.) 6.b. Concerning a survey of lands in violation of the City's nuisance laws presented by the City M~nager, Mr. ¥oungblood moved that the City Clerk be instructed to proceed with the enforcement of Chapter 15 of the City's Code of Ordinance, the motion being seconded by Mr. Scheifley and unanimously carried. (Copy of the Nuisance 'Survey is tached to the official copy of these minutes.) Mr. Scheifley suggested, that the Nuisance List items be expanded to ~t least 20 or 30 items each meeting. 6.c. City Manager'Mariott reported that a Quit-Claim Deed has been ob- tained from J. L. and Margaret M. Patterson for a 25' x 25' piece of land located at the intersection of S. W. 6th Street and 17th Avenue. He said this land is needed by the City in connection with the paving of S. W. 17th Avenue between 10th and 6th Streets, which was authorized by Council at its March 8th meeting and he recormmended acceptance 'of the Deed. Said Quit-Claim Deed was unan[mousl~ accepted on motion by Mr. Scheifley and seconded by Mr. Weeke$. 6.~. The city Manager reported that First Federal Savimgs and Loan Association of Miami having deeded 'to the City on May 17, 1971, a por- tion of Lot N, .Tropic Palms Pleat No. 1~ without the troublesome' rever- sionary clause, and recon~mended that Council authorize execution of a Quit-Claim Deed for that portion Of Lot N, which was abandoned by virtue of Council's adoption of Resolution No. 18-71 at its May 10th meeting, to Mr. Roy Glisson, developer of Tropic Gardens, in order to clear the dee~ to the property at this location. -3- 5-24-71 Said authorization was. unanimously granted· on motion bI, Mr. Youngblood and seconded by ~[r. Scheifley. 7.a. Council was informed that a request has been received from Mrs. Helen H. Webb, President of Lyn Ray Corporation, for rezoning from R-lA (Single Family Dwelling District) to C-2 (General Commercial District) of Lot !0, Block' 28, !ocate~ at 34 N. W. 4th Avenue, and it was recom- ~ended that said request' be referred to the Planning and Zoning Board for study and a public hearing. Said request was unanimously referred to the Planning and Zoning Board, as recommended, on motion by Mr. Scheifley and' seconded by Mr. Youngblood .' 7.b. City Manager Mari~tt reported that an application has been re- ceived from Mr. Ralph W. Simek, ne~ Manager of Lunn~s Restaurant, 1645 North Federal Highway· for approval of him as the retail vendor for Beer, consumption on the premises, for said business.. He said that the .applicant has been investigated in the prescribed manner by the Police Department and approved, and recommended that the request be granted. Said request was unanimously granted on motion by Mr. Weekes and seconded by Mr. Youngblood. 7.c. Council acknowledged receipt of the Traffic and Parking Committee meeting minutes dated April 29th. 7.d. The City Manager reported that at its April 29th meeting, the Traffic and Parking Conm]ittee, on motion by Mr. Love and seconded by Mr. Kabler, recommended the appointment of Mr. William A. Stuiber, 2225 South Ocean Boulevard, and Lt. C. E. Dalton of the City's Police Department to the Committee. Further, that Chairman LeRoy W. Merritt has advised that the Committee recommends the appointment of Mr. Stuiber to fill the vacancy on said Committee caused by the recent resignation of Mr. Joe Kern and Lt. Dalton as an additional member. Said appointments were unanimously approved, as recommended, on motion by Mr. Scheifley and seconded by M~. Youngb!ood. 7.e. Council was informed that a letter had been received from' 1971 Soap Box Derby Director, Skip Crawford, requesting the City's partici- pation through donation of $57.50, covering the cost of $50 savings bond ($37.50) and $20 for a trophy. The City Manager said if it is Council's desire to grant this request, as has been the case for the past several years, authoriza- tion should be given for an appropriation in the ~mount of $57.50 from the General Fuhd Contingency Account. Said request was approved and authorization was granted for trans- fer of funds, as recommended, on motion by Mr. Weekes, seconded'by Mr. Youngblood and unanimously carried. 7.f. City Manager Mariott informed Council that a petition has been received requesting the paving of that portion of S. E. 7th Avenue lying between S. E. 4th ~nd 5th Streets, said petition being signed by the ox,sners of over 50 per cent of the property to be benefitted. He recommended that this petition be referred to the Administration for further study and analysis and brought back to Council at a later date. Said' request ¥;as unanimously referred to the Administration, as re~om.~ended, on mo'tion by Mr. Scheifley and seconded by Mr. Weekes. 7.g. Council acknowledged receipt of the City Beautification Committee meeting minutes dated May 12th. -4- 5-~24-71 7.h. Council was informed that the Beautification Committee, at its. May 12th meeting, passed a motion reco~mending that the City purchase a Tows%~'eep, which is a piece of equipment used for cleaning up litter, cans and glass at a cost of $875.00. It .was recommended that this matter be referred to the City Manager for investigation and report back to Council. Said matter w~s unanimously referred to the City ~[anager, as reco~nended, on motion by Mr. Youngb!ood and seconded by Mr. Weekes. 8.a. City Manager Mariott presented RESOLUTION NO. 17-71. A RESOLUTION OF THE CITY COUNCIL OF-THE CITY ©F DELRAY BEACH, FLORIDA, VACATING AND ABANDONING T~LAT .PORTION OF THE NORTH- SOUTH ALLEY IN BLOCK 108 LOCATED BETWEEN LOTS 1, 2, 3, THE NORTH 48 FEET OF LOT 4 AND LOTS 8, 9, 10, 11, 12, THE NORTH 24 FEET OF LOT 13, CITY OF DELRAY BEACH, FLORIDA. (Copy of Resolution No. 17-71 is attached to the official copy of these minutes.) Resolution No. 17-71 was unanimously passed and adopted on first and final reading, on motion by Mr. Scheifley and seconded by Mr. Youngblood. 8.b. The City Manager presented RESOLUTION NO. 21-71. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, APPROVING PARTICIPATION BY LOCAL HOUSING O~NERS IN THE FEDERAL RENT SUPPLEMENT PROGRAM. .- (Copy of Resolution No. 21-71 is attached to the official copy of these minutes.) Resolution No. 21-71 was passed and adopted on first 'and final reading, On motion by Mr. Youngblood and seconded by F~r. Weekes. Upon call of roll, Mr. Scheifley, ~!r. Weekes, Mr. Youngblood voted in favor of the motion and Vice-Mayor. Martin was opposed. ~.~rs. Martin qualified her vote by saying she would not approve anything in connection with the low-cost housing program until a survey has been made to determine the City's need for same. 8.c. City Manager Mariott presented RESOLUTION NO. 22-71. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, APPROVING THE FILING OF AN APPLICATION FOR WORKABLE PROGRAM RE-CERTIFICATION FOR THE CITY OF DELRAY BEACH, FLORIDA, WITH THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT. (Copy of Resolution No. 22-71 is attached to the official copy of these minutes.) Resolution No. 22-71 was unanimously passed and adopted on first and final reading, on motion by ALt. Scheifley and seconded by Youngblood. -5- 5-24-71 8.d. The City Manager presented ORDINANCE NO. 14.-71. A~ ORDI~ANCE OF THE CITY cOuNCiL OF THE CiTY OF DELP~%Y BEACH, FLORIDA, ANNEXING TO THE CITY OF DELP~AY BEACH WiTHERSPOON L~E LYi~G BET?~EEN N. E. '9TH AVENUE AND PD~LM TR3~IL. (Copy of Oidinance No. 14-71 is attached to the official copy of these minutes.) A Public Hearing having been legally advertised. 'in compliance with the laws of. the State o{ Florida and the Charter of the City of Delray Beach was held, during which Mr. Wi, lliam Murtha, 1202 N. E. 9th Avenue, objected to the annexation of Witherspoon Lane. Ordinance No. 14-71 was unanimously passed and adopted on this second and final reading, on motion by Mr. Schei,fley and seconded by Mr. Youngblood. 8.e. City Manager Mariott presented ORDINANCE NO. 15-71. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELR3XY BEACH, FLORIDA, A>R~EXING TO THE CITY OF DELRAY BEACH CERTAIN LAND, NAMELY LOT 18, FIRST ADDITION TO KENMONT, WHICH LAND IS CONTIG- UOUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY; REDEFINING THE BOUNDARIES OF SAID CITY TO IN- CLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND; AND PROVIDING FOR THE ZONING THEREOF. (Copy of Ordinance No. 15-71 is attached to the official copy of these minutes.) A Public Hearing having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach was held, during which Mr. William Mur~ha, 1202 N. E. 9th Avenue, objected to the annexation of Lot 18, First Addition to Kenmont. Ordinance No. 15-71 was unanimously passed and adopted on 'this second and final reading, on motion by Mr. Youngb!ood and seconded by Mr. Weekes. 8.f. The CiZy Manager presented ORDINANCE NO. 16-71. AI%~ ~RDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, A2,~NEX!NG TO THE CITY OF DELRAY BEACH CERTAIN LAND, NA3,iELY LOT 6, LAKE SHORE ESTATES, ~TqICH LDRJD IS CONTIGUOUS TO' EXISTING PK3NICiPAL LIMITS OF SAID .CITY; REDEFINING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND; AND PROVIDING FOR THE ZONING THEREOF. (Copy of Ordinance No. 16-71 is attached to the official copy of these minutes.) A Public Hearzng having been legally a~tvertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach was held, and there being no objection to Ordinance No. 16-71, said Ordinance was unanimously passed and adopted on this second and final reading, on motion by Mr. Scheifley and seconded by Mr. Weekes. -6 - 5-24-71 8.g. City Manager Mariott presented ORDINANCE NO. 18-71. AN ORDIN~n~NCE OF THE CiTt~ OF 'DELRAY BEACH RE- LATING TO BUILDING CODE, A~,[ENDING SECTION 105.4 PLOT DIAGFc~q; OF SECTION 9-1.2, CHAPTER 9 OF THE CODE OF ORDI~A~[CES ~[HICH IS A RE- VISION OF SECTION 105.4 OF THE SOU?:~E_~ STAND- ARD BUILDING CODE BY ADDING A REQUIREMENT FOR ~,ECORDING A UNITY OF TITLE DECLARATION AS A PREREQUISITE TO THE OBTAINING OF A BUILDING PER~IIT, FOR A BUILDING SITE ~ZADE UP OF SEPARATE LOTS, PLOTS, PARCELS OR PORTIONS THEREOF. Mr. Scheifley moved that Ordinanoe No. 18-71 be referred to a work- shop meeting for discussion, the motion being seconded by Mr. Youngblood and unanimously carried. 9.a. Council was informed that the Planning and Zoning Board at its regular meeting of May 18th, reviewed the Preliminary Plat of Romill Heights, which is located in the ~¼ of Section 20-46-43 and lies East of S. W. 15th Avenue and North of S. W. 8th Street; providing for 33 lots averaging 72' x 100'; proposed density of 8 units per acres, with buildings 30 feet apart and RM-2 zoning. Further, that the Board pass- ed a motion by a 4 to 1 vote recommending approval of the Preliminary Plat subject to certification by the City Engineer. Said Preliminary Plat of Romill Heights, was unanimously approved, subject to certification by the City Engineer, on motion by Mr. Youngblood and seconded by Mr. Scheifley. 9.b. The City Manager reported that the Planning and Zoning Board, at its May 18th meeting, held a public hearing on a request from Irving Stuart, Inc., for a permit to locate a sales trailer on their property at the Northwest corner of S. W. 8th Avenue and 4th Street and that the Board unanimously recommended that the permit be granted for a period of four months only. Said request for use of a trailer was unanimously granted for a period of 'four months only, on motion'by Pit. Weekes and seconded by Mr. Scheifley. Mr. Scheifley mentioned that a trailer is parked on S . W. 10th Street apparently for a contractor's work shed or sales office and asked that the City Manager investigate to determine if it is pe~rmitted at that location. 9.c. Council was informed that a request has been received 'from the Delray Beach American Little League for permission to solicit funds within the City door-to-door and at traffic lights on Saturday, May 29, 1971 and that following a review ~of the application, the Solicita- tions Committee recommends approval of the request subject to the children who are sol~citing being under direct Supervision of an adult; that each child or adult participating in the solicitation have an Identification Card in his or her.possession; and that solicitation at traffic lights as requested be denied. S~id request for solicitation was unanimously granted, as recom- mended and outlined above, .on motion by Mr. Scheifley and seconded by Mr. Youngblood .. ~ 9.d, The City Man~ger reported that the Planning and Zoning Board, at its May 18th meeting, considered a request for annexation of Lot 17, First Addition to Kenmont, with P~M-1 zoning, and that %he Board unanimously recommended approval of this z'ec~uest. He said that should -7- 5-24-71 Council desire to sustain the Board's recommendation, Ordinance No. 19-71 has been prepared providing for said annexation. ORDINANCE NO. 19-71. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH CERTAIN LAND, NAMELY LOT 17, ~-FIRST ADDITION TO KENMONT, WHICH LAND IS CONTIG- UOUS TO EXISTING ~UNICIPAL LIMITS OF SAID CITY; REDEFINING THE BOUNDARIES OF SAID CITY TO IN- CLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND; AND PROVIDING FOR Tt~E ZONING THEREOF. · ~ . Ordinance No. 19-71 was unanimously placed on first reading, on motion by Mr. Weekes and seconded by Mr. Youngblood. 9.f. City Manager Mariott reported that the Planning and Zoning Board, at its May 18th regular meeting, considered a request, referred by Council on April 26th, for annexation, with RM-1A zoning, of the North half of the Southeast quarter of the Northwest quarter of the South- east quarter of Section 20-46-43, which is a five-acre tract of land located just South of Pine Grove Elementary School. He said the developer proposes to construct town houses with a density of 8 units per acre, this project to be under the auspices of the Federal Housing Administration and used for low-income housing and that the Board passed a motion by a vote of 3 to 2 recommending Council's approval of the request. Due to the fact that this annexation was recommended by a split vote of the Planning and Zoning Board, as well as the necessity for preparing a plan for financing extension of water and sewer facilities to serve the area and for future passage of an ordinance to permit"the type of development'proposed on this parcel, it was recommended that this matter be deferred for discussion at a workshop meeting. Mr. Youngblood moved to refer this matter to a workshop meeting and that the petitioner come and present and explain the Plans, the motion being seconded by Mr. Weekes. Upon call of roll, ~[r. Weekes, and Mr. YOungblood voted in favor the motion and Mr. Scheifley and Vice-Mayor Martin were opposed. The motion did not pass, Mr. Scheifley moved that this request be referred back to the Planning and Zoning Board with a request that they meet with all seven members prese'nt and report back with a majority recommendation. The motion was seconded by M~r. Weekes. Upon call of roll, Mr. Scheifley, Mr. Weekes and Vice-Mayor Martin voted in favor of the motion and Mr. Youngblood was opposed. 10.a. Regarding two parcels of land on South ocean Boulevard. for off- street-parking purposes, the purchase of which was authorized at the last regular meeting, the City Manager p~esented two Contracts for Purchase and asked Council to pass a motion approving the execution of same. The City Attorney explained the conditions set forth in the two contracts as follows: PARCEL 1. 'The North 59 ~eet of the South 100 feet of Ocean Lot 23, ovnned by Stanley Graham, Trustee of the Maria C. Klugh Sterling Trust. Full purchase price $118,000. -8- 5-24-71 87 Cash Deposit $ 11,800~00 Cash or Equivalent on Closing 22,420.00 Deferred Payments 83,780.00 Total $118,000.00 Principal payments shall be made in five equal annual install- ments of $16,756.00 each', plus interest' computed on the unpaid bal- ance from time to time remaining. First payment will be due .one year from date-.of closing, and yearly thereafter until the terms of this agreement have been fulfilled. This mortgage may be prepaid in part or in full at anytime after January 2, 1972, without penalty. PARCEL 2. The North 27 feet of Ocean Lot 24 and the South 41 feet of Ocean Lot 23, Delray Beach~ Florida, owned by Gracey Realty Company', Inc.· Full purchase Price $136,000. ~ Cash Deposit , $ 13,600.00 Cash or Equivalent on Closing 122,400.00 Total $136,000.00 During discussion, Mr. Ledridge, who spoke earlier in the meet- ing, asked if the Vice-Mayor could set in motion the reconsideration of purchasing Ocean Beach Lot 25 for parking and forestall the pur- chase of the previously-mentioned parcels. Following discussion, Mr. Weekes moved to approve the execution of the two contracts, as outlined by the City Attorney. The motion was seconded by Mr. Youngblood and unanimously carried. (Copy of the two Contracts for Purchase are attached to the official copy of these minutes.) See pages 88-~-L. 10.a. Mrs. Clarence A. Plume reported that the housing survey, which was mentioned earlier in the meeting under Item 8.b., has been aban- doned until there are enough volunteers to do that work. That said sur- vey has been conducted for the past two Saturdays, with 14 people participating 'the first Saturday and 8 last Saturday. Further, Mr. Ned Brooke of the Area Planning Board said they would not 'come back until there are at least 20 volunteers guaranteed. She said that she felt the reason for no't'having a sufficient number of volunteers to conduct this survey was that the press did not give this any publicity and if this is publicized enough to ob- tain volunteer workers, the .survey could be rescheduled for three, weeks from Saturday. The City Manager reported that he had received a request today asking that the Ci~-y. appropriate funds to obtain the people to con- duct the survey and if Council desires to do this, cost of same would be approximately $1,000. He suggested asking the service clubs or other organized clubs who are looking for projects to volunteer to help make the survey. During discussion, a gentleman from the audience suggested that Council inquire at Florida Atlantic University to see if Political or Social Science majors would like to p~rticip~te in this survey. Vice-Mayor Martin asked that the press give this item some attention. 10.b. The following "Bills for Approval" were unanimously approved f~r payment, on. motion by ~r. ?[eekes and seconded by Mr. ¥oungblood. General Fund $210,909.65 Water Revenue Fund 92,000.00 Water Operating & Maintenance Fund 10,580.43 -9- 5-24-71 Special Assessment Fund $ 33.40 Refundable Deposits Fund 1,090.10 Beautification Fund ' 3,540.00 Cigarette Tax Fund 15,000.00 Sewer Revenue Fund 102,700.00 The meeting adjourned at 9:16 P.M. HALLIE E. YATES City Clerk APPROVED: MAYOR -!0- 5-24-71 88-A ~ PROPERTIES IN VIOLATION'OF ORDINANCE NO'.-G-{47 ~ · AND SECTIONS 15-3 and !5-4 OF THE CITY CODE. O~I~IER~ ADDRESS PROPERTY DESCRIPTION CODE Indiana Burgess Lot il, Block 2, J. G. Fenno 15~3 P. O. Box 2212 '- Subdivision.· & Prairie View, Texas 77445 (84.9 W. Atlantic Avenue) 15-.4 2. 'T. M. Shoaf & ., .· Vacant part of Lot'4, 15-3 J. 'L. Patterson Block 53. . & P. O. Box 1035 . (104 W. Atlantic .Avenue) 15-4 Delray Beach, Florida 33444 C. Richard Heileman Estate A parcel of land with 467 feet 1'5-3 c/o Broward National Bank more or less frontage on McCleary & P. O. Box 61 Street and a depth of 140 feet 15-4 Ft. Lauderdale, Florida 33302 more or less lying in Section 28, Township 46 South, Range 43 East, as described in Official Record 1531-438 and official Record 1545-30, Public R.ecords of Palm Beach County, Florida. Violations 15-3 and 15-4 as concerns this report are as follows: 1.. 15-3 - Beer cans, broken bottles 15-4 - Undergrowth .. .2. 15-3 - Piles of debris in back yard 15-4 , Hedge growing over sidewalk 3. 15-3 - Piles of dirt 15-4 , Weeds and undergrowth · Submitted to the City Council by th.e..City Manager on this the 24th day of May, 1971. 8861.5 RESOLUTION NO. 17-71. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA· VACATING AND ABANDONING THAT PORTION OF THE NORTH- SOUTH ALLEY IN BLOCK 108 LOCATED BETWEEN . LOTS 1, 2, 3, THE NORTH 48 FEET OF LOT 4 AND LOTS 8, 9, 10, 11, 12, THE NORTH 24 FEET OF LOT 13, CITY OF DELRAY BEACH, FLORIDA. WHEREAS, the owners of Lots 1 thru 4 and Lots 8 thru 13 Block 108 as appears in Plat Book 1, Page 3 Public Records of Palm Beach County, Florida have petitioned the City of Delray Beach for abandonment of that portion of the North-South alley in Block 108 adjacent to their above described properties, and WHEREAS, this matter was referred to the Planning and Zoning Board and after due consideration· they recommended that same be abandoned subject to utility easement being retained, and WHEREAS, the City Council deems it to be in the best interest of the City to abandon said portion of the alley in Block 108. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA: 1. That pursuant to Section Seven (7), Paragraph Three (3) of the Charter for the City of Delray Beach, Florida, it is hereby determined to vacate and abandon the following described right-of-way: That portion of the North-South Sixteen- foot alley in Block 108, which lies be' tween Lots 1, 2, 3, the North 48 feet of Lot 4 and Lots 8, 9, 10, 11, 12, the North 24 feet of Lot 13, Block 108, as appears in Plat Book 1, Page 3, Public Records of Palm Beach County, Florida 2 RESERVING· however, under through and across said ' ' sixteen-foot strip a perpetual easement for all public util- ities deemed necessary in serving the public. PASSED AND ADOPTED in regular session on this the 24th~ day of May, 1971. ...... . ..... ,~.;,,., V 'I ~ E'>-M A Y 0 R 88-C RESOLUTION NO. 21-71. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, APPROVING PARTICIPATION BY LOCAL HOUSING OWNERS IN THE FEDERAL RENT SUPPLEMENT PROGRAM. WHEREAS, under the provisions of Section 101 of the Housing and Urban Development Act of 1965, the Secretary of Housing and Urban Development is authorized to enter into contracts to make rent supplement payments to cer- tain qualified housing owners on behalf of qualified, low-income families who are elderly, handicapped, dis- placed, victims of natural disaster, or occupants of substandard housing; and WHEREAS, the provisions of said Section 101 cannot be made available to housing owners in certain localities unless the governing body of the locality has by Resolution given approval for such participation in the Federal Rent Supplement Program. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DELRAY BEACH,~ FLORIDA, AS FOLLOWS: SECTION 1. Approval is hereby granted for participa- tion in the Federal Rent Supplement Program by qualified housing owners Of property located at S. W. 8th Street, Delray Beach, Florida, and legally described as follows: The East 294 feet of Lot 19, Subdivision of Section 20, Township 46 South, Range 43 East, lying North of Delray Beach Heights Extension recorded in Plat Book 26, Page 83, Public Records of Palm Beach County, Florida, less the East 44' feet of.~ the South 100 feet; and the North 435.91 feet of the West Half of Lot 27, Section 20, Township 46 South, Range 43 East, as shown in Official Record 885, Page 1036,~ Public Records. of Palm Beach County, Florida, being approximately 10.60 acres, more or less, located in Delray Beach, Palm Beach County, Florida. · PASSED AND-ADOPTED in regular session on this first and final reading, on this 24th day of May, 1971. V/I C ELM a Y 0 R ATTEST: 88-D RESOLUTION NO. 22-71. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, APPROVING THE FILING OF AN APPLICATION FOR WORKABLE PROGRAM RE-CERTIFICATION FOR THE CITY OF DELRAY BEACH, FLORIDA, WITH THE DEPART- MENT OF HOUSING AND URBAN DEVELOPMENT. WHEREAS, the' City Council of the City of Delray Beach, Florida, is knowledgeable of the need for long range plan- ning and community development necessary for the improvement of environmental, structural and living conditions in the City; and WHEREAS, the City Council is aware of the need for cer- tain federal aids to assist the City in its attainment of these goals, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: SECTION 1. The City Council of the City of Delray Beach, Florida, does hereby approve the submission of the City's application for Workable Program Re-Certification to the Department of Housing and Urban Development. SECTION 2. The City Manager of the City-of Delray Beach, J. Eldon Mariott, is hereby designated as the City's official representative in the seeking of Workable Program Re-Certification and all actions relating theretO. PASSED AND ADOPTED in regular session on this first and final reading, on this the~_~~~f_~24th day of May,_x~_~f,//~~~~1971. . -~ 'V I C E-M A Y O R ATTEST: 88-E ORDINANCE NO. 14-71. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH WITHERSPOON LANE LYING BETWEEN N. E. 9TH AVENUE AND PALM TRAIL. WHEREAS, the City is authorized by Section 6A (4) of its Charter to annex any real property that is public or quasi- public located in the "Greater Delray Beach Area", which would not be subject to direct ad valorem taxes; and WHEREAS, Witherspoon Lane lying between N. E. 9th Avenue and Palm Trail is public or quasi-public real property and lies in the "Greater Delray Beach Area". and will not be subject to ad valorem tax by the City; and WHEREAS, John A. Wilkie and Maria S. Wilkie, his wife, owners of Lot 18, First Addition to Kenmont have petitioned the City of Delray Beach for annexation of their property into the City; and WHEREAS, Witherspoon Lane must be annexed in order for property adjacent thereto to be contiguous to the existing limits of the City of Delray Beach. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: SECTION 1. The City Council of the City of Delray Beach hereby annexes the following described property to said City. WITHERSPOON LANE lying between N. E. 9th Avenue and Palm Trail as appears on the Plat of the Firs~ Addition to Kenmont, per Plat Book 22, Page 24, Public Records of 'Palm Beach .County, Florida. SECTION 2. The .corporate 'limits of the City are hereby am'ended to include ~he aforedescribed property. PASSED AND ADOPTED in regular session on the second and final reading, on this the 24th day of May , 1971. V I C E-M A Y O~R ATTEST: City First Reading May 10, 1971. Second Reading May 24, 1.971. 88-F ORDINANCE NO. 15-71. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY ~OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF' DELRAY BEACH CERTAIN LAND, NAMELY LOT 18, FIRST ~ ADDITION TO KENMONT, ~WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY; RE- DEFINING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND OBLIGA- TIONS OF SAID LAND; AND PROVIDING FOR THE ZONING THEREOF. WHEREAS, JOHN A. WILKIE and MARIA S. WILKIE, his wife, are the fee simple owners of the property hereinafter described, and WHEREAS, JOHN A. WILKIE and MARIA S. WILKIE, his wife, by their petition, have consented and given permission for the annexation of' said property by the City of Delray Beach, and WHEREAS, the City of Delray Beach has heretofore been authorized to annex lands in accordance with Section 185.1 of the City Charter of said City granted to it by the State of Florida; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: SECTION I. That the City Council of the City of Delray Beach, Palm Beach County, Florida, hereby annexes to said City the following described tract of land located in Palm Beach County, Florida, which lies contiguous to said City, to-w~t: Lot 18, FIRST ADDITION TO KENMONT, according to plat thereof recorded in Plat Book 22, Page 24, Public Records of Palm Beach County, Florida. SECTION 2. That the boundaries of the City of Delray Beach, Florida, are hereby redefined so as to include therein the above de- scribed tract of land, and said land is hereby declared to be within the corporate limits of the City of Delray Beach, Florida. SECTION 3. That the tract of land hereinabove described is here'- by declared to be in Zoning District RM-1 as defined by existing ordi- nances of the City of Delray Beach, Florida. SECTION 4. That the lands hereinabove described shall immediately become subject to all of the franchises, privileges, immunities, debts, obligations, liabilities, ordinances and laws to which lands in the CitF of DelraY Beach are now or may be, and persons residing thereon shall be deemed citizens of the City of Delray Beach. SECTION 5. That if any word, phrase, clause, sentence or part of this ordinance shall be declared illegal by a court of competent juris- diction, such record of illegality shall in no way affect the remaining portion. PASSED in regular session on the second and final reading on the 24th day of May , 1971. ~. ~/~~ ~' ~,~~ ~ V I C E-M A Y O R ATTEST: ./ City C,I~ erk First Reading May 10, 1971. Second Reading May 24, 1971. 88-G ORDINANCE NO. 16-71. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY~ BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH CERTAIN LAND, NAMELY LOT 6, LAKE SHORE ESTATES, WHICH LAND IS CONTIGUOUS TO EX- ISTI.NG MUNICIPAL LIMITS OF SAID CITY; REDEFIN- ING THE. BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND; AND PROVIDING FOR THE ZONING THEREOF. WHEREAS, M. LEE MINTER and DIANNE N. MINTER, his wife, are the fee simple owners of the property hereinafter described, and WHEREAS, M. LEE MINTER and DIANNE N. MINTER, his wife, by their petition, have consented and given permission for the annexation of said property by the City of Delray Beach, and WHEREAS, the City of Delray Beach has heretofore been authorized to annex lands in accordance with Section 185.1 of the City Charter of said City granted to it by the State of Florida: NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DELRA¥ BEACH, FLORIDA, AS FOLLOWS: SECTION 1. That the City Council of the City of Delray Beach, Palm Beach County, Florida, hereby annexes to said City the follow- ing described tract of land located in Palm Beach County, Florida, which lies contiguous to said City, to-wit: That tract of land, namely Lot 6, LAKE SHORE ESTATES, per Plat Book 25, Page 26, Public Records of Palm Beach~County, Florida. SECTION 2. That the boundaries of the City of Delray Beach, Florida, are hereby redefined so as to include therein the above de- scribed tract of land and sa'id land is hereby declared to be within the corporate limits of the City of Delray Beach, Florida. SECTION 3. That the tract of land hereinabOve described is here- by declared to be' in ZOning Dist~rict R-1AA, as defined by existing ordinances Of the City of Delray Beach, Florida. SECTION 4. That the land hereinabove described ·shall immediately become subject to all of the franchises, privileges, immunities, debts, obligations, liabilities, ordinanCes and laws to which lands in the City of Delray Beach ~re now or may be, and persons residing thereon shall be deemed citizens of the City of Delray Beach. SECTION 5. That if any word, phrase, clause, sentence or part of this ordinance shall be declared illegal by a court of competent juris- diction, such record of illegality shall in no way affect the remain- ing portion. PASSED and ADOPTED. in regular session on the second and final read- ~.zng on' the 24th day of May - , 19~. . · · ' V ~ C E~-M A Y O R ATTEST:. City Cler~ First Reading May 10, 1971. Second Reading May 24, 1971. o~O__ 88-H H. ¥. DALLY,. Ine.- . .......... REALTORS OELRAY BEACH. FLORIDA Receipt for Deposit- Offer to Purchase and Contract for Sale (When signed by broker or in his name (When signed by the Buyer.) (When signed by the Seller.) by authorized salesman.) DATE .. ........ ..M~.. Y ....... ~....1. ~..~..!.. ' .................... RECEIPT is hereby acknowledged by ............ ..H.......V..,...D..A..L..L.Y..~...I..N.C..~ ..................................... Realtor, a Registered Real Estate Broker hereinafter called Broker, of the sum of .T.h..$~..t..e..e...n...T.~.o...u..s.~.n..d....S....:~. ...... H...u~.. ~.r..e. ~...a..n.~...N..o../.1...O..0 .................................................................................. DOLLARS ($. ~3., 6...0.0.,..O..Q ......... ) from . .C~ I...TM......O.F....D.E. L~AX..~E. AC. ~...o.r...t.h.eJ, r...D,.o.min e e .................................................... whose address is ......... 1..O..Q...N.. ,.,...W,....1. ~..t. ,. ~...v..e,..n..u, ,e. ~....D.e.1..r. a~.. ~.e. ~...c.h..,... F.~ ,o,..r. $.qt, p,.. 23 ~.~ .Lf ................. , herei nofter called Buyer, as an earnest money deposit and as a part of the purchase price on account of offer to purchase the property of .G..R..AC..E.Y......-~....A.L.T..Y.....C..O..~.4.P.A....N~...,....I..N..C.., .............................................................' ...................... , whose address is ...,5.0..~....E.a..s..t....~.t..1..a,.n...t..i..q.. A..v..en..~.e.,.....D.e..1. ~ay..B..e.a. ~,..h. ,,...F..1., .o. ?..i.d..a...3~.~.~ ............. hereinafter called Seller, said property being situated in the County of P...a.l.m...~.e.a..q..h .................... and State of Florida, to wit= The North 27 feet of Ocean Lot 24, and the South 41 feet of Ocean Lot 23, Delray BeaCh, Florida. SUBJECT TO: cash deposi~ 1. The deposit of $13,600.00 shall take the form of a/~g~/~ trust by ~/~Ff~/~ County Title and Abstract Co. until date of closing. .The Broker will deposit with the designated escrow agen~.~F this deposit upon full execution of this Agreement by all parties herebo. 2. The building will be sold completely unfurnished' including the major appliances, i.e.'major appliances~remain the property of the Seller. 3. Seller shall retain occupancy until October 1st, 1971. Between cloSing of sale and October 1st, 1971, the property be 1.eased to the Seller which Lease shall contain the following provisions: a. There will be no rent charge as the consideration is part of the sale. b. Neither the City nor Gracey will be required to maintain buildings, lawn, trees or landscaping. c. GraceY will not be responsible for loss by fire, wind- storm, theft or other casualty. d. Gracey may make necessary repairs to' the' building which, at their discretion,.may be necessary prior to. 10/1/T1.. e. Gracey to pay for all utility charges Until October 1.st, '1971.' f. Gracey to carry public liability insurance with ~odlty ~ .' injury l~mits of not less than $100,000 each person .. and $300,000. each acCident; and a property damage limit of not less than $5,000. The City t° be named as additional Insured on this policy. 88-I 1. EVIDENCE OF T1TLE: The Seller shall furnish the Buyer with~ colnplete abstracter title or, at his option, taatirarme at the ............. S~l~,e.~'~ ............. expense. Said abstract or the preliminary commitment for the title insurane~ sh~ll be delivered to the Buyer or his agent v.'i~in ...fJ.f~.eelel .... days from the full execution of this contract and shall be certified to a date subsequent hereto, and shall show a good, merchantable and insurable title of record in Seller, subject only t~ such mortgages as are specifically set out hereinabove to be assumed by the Buyer, if any, (or if not to be assumed., which Seller will discharge out of the proceeds of this sale at closing), and governmental zoning restrictions, and the usuaI utili~J easements and usual building and land-use restrictions or reservations not accompanied by a right or possibility of reverter. 2. EXAMINATION OF TITLE: Thc Buyer shall have ...th~,~Y ..... days after receipt of said abstract or Prelimo inary Commitment for Title Insurance for examination of tille and the making of objections in writing, delivery to Seller ~r his designat.ed attorney of a copy of the opinion of Buyer's attorney or Title Insurance Company being sufficient for such ptrr- poses; failing such objections within such period, the l~uyer shall be deemed to accept the title as meeting the requ. irements hereof and this transaction shah be concluded on or before ................................. o~.U!y.....~Q~....~g.Z.1 ............................... ~.: ......... objections to title are so made, the Seller shall have sixty days from the husking of same to remove them, and the Seller hereb~ agrees to use reasonable diligence in curing said defects, and, upon the defects being cured and notice of that fact being givent~o the Buyer or his said agent, this transaction shall be closed within fifteen days of delivery of said notice unless otherwise herein provided. Upon Seller's failure or inability to correct the unmcrchantability of the title within the time limit or a reasonable time, at the option of the Buyer, the Seller shall deliver the title in its existing condition, otherwise the Broker, or the Seller, holdi~t the herein mentioned earnest money deposit shall return same t~ the Buyer upon demand therefor, and all rights and liabili- ties on the part of the Buyer arising hereunder shall terminate. Provided, however, that in the event of disagreement tween the Seller and the Buyer or his said Agent, as to the marketability of the title, the Seller may offer the binder of aa reputable and solvent Title Insurance Company. agreeing to insure said title, which shall be conclusive that said title merchantable, upon return of said deposit under such conditions, the'Seller shall pay the Broker the Commission speeifield_ · hereunder or at the option of the Broker, an agreed sum net exceeding the regular commissions, to cover expenses ineurrett 3. KIND OF DEED: Conveyance of title shall be by ......... .G~lle~?.~.~....~.l?..~a,l!~y. ........................... Deed, free a~ clear of all encumbrances and liens of whatsover nature, (and bill of sate transferring personal property, if any) except aa herein otherwise provided, and said deed shall be prepared without expense to the Buyer. 4. CLOSING COST: The Seller shall pay for documentary stamps on the deed, recording any mortgage, and theiin tangible tax on any Purchase Money Mortgage. The Buyer shall pay for recording the deed and for documentary stampsam. any notes given. 5. PRO-RATIONS: The existing insurance on the property shall be carried by the Seller until the date of closing, a't which time the Buyer shall purchase the existing policies of insurance on a pro-rated premium basis unless otherwise pro- vided.for herein. Rents, interest, taxes and ot~er items of income and. expense shall be prorated as of the date of closing. Taxes to be prorated based on year ....... 1~'0 .......... Possession will be given Buyer on ...Q.9.~Pb.~.:V..._!.~....~.7.~, ............................ 6. RISK OF LOSS: Said property is to be delivered to Buyer in the same condition as of this date, reasonable wear and tear excepted, and all risk of loss or damage to the premises by fire, storm, theft or other casualty, is assumed by the Seller~ until deliver' of the deed hereunder. 7. DISPOSITION OF DEPOSIT: If the said l~tu'er fails to perform, the covenants herein contained within the time specified, and the Seller elects not to require a specific performance thereof, or sue for damages, the deposit made by th~ Buyer shall be forfeited as liquidated damages ,.upon ten days' notice to the Buyer or his said Agent). 8. MAKING T1ME OF ESSENCE AND NOTICE: Time may be made the essence of this contract by notice in writ- ing, stipulating a reasonable nme for further performance. Any notice necessary under this agreement may be sent by mail to the last known address of the par~y to be notified. 9. DEFINITIONS: The words "Buyer", "Seller", and "Broker" herein employed shall be construed to include the plural as well as the singular, and this contract shall be binding upon their heirs, administrators, executors, successors and assigns, and the masculine shall include tl~-e feminine and neuter, where the context so admits or requires. 10. TERI%IINATIO1V OF QFFER: Tids instrument shall become effective as a contract when signed by Broker, Buyer, and Seller. If not executed by ali parties on or before ................................ ~.~, ?Y,~ _~7.;. .................................................... ally monies deposited shall be refunded and the proposed transaction shall term.inate. II. MISCELLANEOUS: H. V. Dally, Inc. shall be recognized as the Broker in this transaction and shall be paid in ·full at closing for services rendered. RECEIPT: The undersigned hereby acknowledges receipt of the deposit mentioned in the above and foregoing to Purchase and agrees to hold the same ir, escrow to be disbursed pursuant to the terms of this contract. (Sub]eot to clearing of any check tendered as paymenr of said deposit.) BY: ........................................................................................................... I. or we, agree to purchase the above desc~,4bed property on the terms and conditions stated in the foregoing instru- ment. Witnesses: ! Buyer: ......................................................................................................................... I, or we, agree to sell the above mentioned property to the aboved named Buyer or his nominee on the terms ar/d ditions stated in the above instrument, and by the signatures attached on the ....................... day of ' 19 ............. signify our acceptance and approval of the proposed sale. Witnesses:, , , ( Seller:- · ~ o ~" --~ ~ '~" ............................................................................~ '~'"~~ ..i ~) ~~ · .... fee for services rendered L or we, agree to pay to the above signed Broker as~~ for finding the above siEued Buyer abo~e lb0dgseri~d00 property, the sum of Eight Thousand One., Hund~e.~ ....................................... · ($..~.~- ~' en closing, br in event of ,o~eiture of ~e depos~.;, ~e half of said depoMt shall ~ re~m~ or paid to said Broker and the remainder to the Seller, unless, because agreed in writing to a greater percentage being paid to the Broker; provided, however, that the Broker's propo~on not exceed ~e f~l amount of the commission herein s~pulated. Wime~es:, Seller: ............... I{Z-:'.( ......................... ' ...................... ..... ...... ................................................................................................... ' - OULRAV ~EAC}~OARD Of '6 8 88-C H.V. Inc. , REALTORS D£LRAY BEACH. FLORIDA Receipt for Deposit. Offer to Purchase and Contract for Sale. (When signed by broker or in his name (When signed by the Buyer.) (When signed by the Seller.) by authorized salesman.) DATE · .Ma~...]L8.e..~gTl~ ............................................. RECEIPT is hereby acknowledged by .... H.,....V.e...D ..~...~...I.~..C.~ .................................... Realtor, o Registered Real Estate Broker hereinafter coiled Broker, of the sum of ~.~.e. ff.e.n....~.h.9.?-..s...e~...~..~.ig.h.~ ........ ~...u:~.. ~.~e..d... a. ~... N..0/..0..0..-..-...-. .-..-. ............................................ : .-...-..-..-...-..-..-...-..-...-..-..-DOLLARS ($..~.l..~..8..0...0..~...0..0 ......... ) from CZ~Y..OF..D~L~A[..~AC~,...or...it.s...noml~ee .......................................................... whose address is ... ~.O..O.......~.....1..s..t....~..e.n..u.~....De...~..zq.f~......~...~.c...h s...~.9~.$.~.a.:..~.~..~.~ .............................. , hereinafter called Buyer, as an earnest money deposit and as a part of the purchase price on account of offer to purchase the property of S.~A].'~Y.....G...]~...H.A.~.~...as... ~uat.e.~....o.f...~.h.e....M.a...r S.c....C.~... ~ ~gh.....S. ~.e..r...~. ~.. ~ .r~ .s,t whose address is . ~.Q.~.. S..,... ~. ,.....F.o..U.~..h...A.~e..n.~e.~.....~...1.r.~y....Be..a. ~.h.,...F. ~..o.r.~-~:.. ~. ~..4~.h. ................ , hereinafter called Seller, said property being situated in the County of ...Pa.lm......~...a..o.h ..................... , and State of Florida, to wit: North 59 feet of the South 100 feet of Ocean Lot 23, Plat of the fractional East half of Section 16, Township 46 South~ Range 43 East, b~sed_ on map of Llnton ( now Delray Beach) according to the plat thereof on file in the office of the Clerk of the Circuit Court in and for Palm Beach County, Florida~ in Plat Book l, page cash depos,i~ SUBJECT TO: The de~,ep,o,%_osit of _$11, 800.00 shall take the form of trust by~/Y~/~f~yo~fa~Jg/~ of Delray Beach unt~.l cate .of closln~ The broker will deposit with the bank, which ever document is issue4 by the buyer as a binder on this contract, upon full execution by. all parties to this contract. x H. V. Dally Znc ,,~. ~, Seller agrees to take back a purchase money, f~rst mortgage in the amount of $83,780~00, for a period of Five (5) year~, an~ bearing interest at the rate of 5~ percent per annum. The city shall be granted the right to remove all structures and improve the property without additional payments other than those obligations as set forth in the purchase money first mortgage~ This property is being so]_d with the buildings completely unfurnished, including major appliances. This Contract is made subject to the seller being able. to obtain, without cost to him, a Release from Sandoway East, InC. of the Lease now held by said corporation over the above describe5 property. Upon the terms and conditions as follows: Full purchase price is $.118..,.0.0.Q,0.0 ........... and shall be paid' as follows: Cash Deposit (above) $ .......... 11,.80.0.'.0.0.... The deferred payme_pta shall be evidenced by a promissory note or notes · bearing interest at ~'~' % per annum and secured by a Purchase Money Cash or Equivalent on Closing .... $ ~.9 LI,~-O ~ O0 Mortgage, payable as follows~ none Principal payments sh~.ll be m~.de in five ~is,.g~,gageorUens^ssum~d (~ppro~.) $ .............................................. equal annual installments of $16,756.00 Deferred Payments. .,... ........ .8..~.~..?,8...0...~.0....0...~.. each, plus interest computed on the' un- paid balance from time t'o time-remalnln~ ........................................................... ' ........................ $ .............................................. First payment will be due one year from ~o~ $. :. .. . .1...1...8. .~.0...0.**0.. e..0... .0.* .... date of closing, ~d yearlE there~fte~, until* t~e ~e~ms' of' t~is' agreement have been fulfille~. This mortgage ~ay be prepaid in part or in full at anytime after January 2, 1972 without penalty, 88-K 1. EVIDENCE OF TITLE: The Seller shall furnish the Buyer with a insurance at the .......... Se~ler$ expense. Said ~or ~e prelimina~' commitment for the title insurance $hhll be delivered to the Buyer or his agen* wi~in ~~ ...... days from the full execution of this contract and shall be ee~ffied to a date subsequent hereto, and shall show a good. merehan~ble and insurable title of record in ~ller, subject only to such mortgages as are specifically set out he~4nabove to be assumed by the Buyer, if any, (or if not to be assumed, which Seller will diseha~e out of the pr~ecds of this sale at closing), and governmental zoning restrictions, and the usual utility easemen~ and usual building and land-use restrictio~ or rese~ations not accompanied by a right or possibility of reverter. 2. EXAMINATION OF TITLE:. The Buyer shall have ...~f~ days after receipt of said abstract 0r Prelim- inaw Commitment for Title Insurance for examination of title and the making of objec~ons in writing, delive~ to Seller or Bu3er s attorney Title Insurance Company being sufficient for such pur- his designated attorney of a ~py of the opinion of ' ' or ~s; failing such objeetio~ with~ such peri~, the Buye~ shall be deemed to accept ~e title as meet~g the requirements he.of and this transaction shall be concluded on or before ..~U~y .25~h~..,1971 .................................................................. ' ..... obj~tions to title are so made, the Se]]er shall have sixt3 days from the nmk~ng of same to remove them, and the Seller hereby agrees to use reasonable diligence in curing said defects, and, upon the defects ~ing cured and notice of that fact being given the Buyer or his said agent, ~ds ~ansaction zhall be closed within fif~en days of delivew of said notice unless othe~ise here~ provided. Upon Seller's failure or inability to corree~ the unmerchantability of the title within the time limit or a reasonable time, at ~e option of ~e Buyer, the Seller shall deliver the titIe in i~ existing condition, othe~-ise the Broker, or the Seller; holding the herein mentioned earnest money deposit shall ret~ ~me ~ the Buyer upon demand therefor, and all righ~ and liabili- ties on the pa~ of the Buyer arising he.under shall ~rminate. P~vided, however, that in the event of di~greement tween the Seller and the Buyer or his ~Jd Agent, as to the marke~bHity of the title, the Seller may offer the binder of ~putable and solvent Title Insurance Company. agreeing to ins~e ~id title, which shall be conclusive that said ~tle merehan~ble. Upon return of said deposit under such conditions, the Seller shall pay the Broker the Commission specified hereunder or at the op~on of the Broker, an agreed sum not exceeding ~e regular con.siGns, to cover expends ineu~d. 3. KIND OF DEED: Conveyance 0f title shall be by ...... general....Warr~g.y ............................... Deed, free clear of all encumbrances and liens of whatsover nature, (and bill of sale transferring pe[sonal pro~y, ~ any) except herein otherwi~ provided, and said deed shall be prepared without expense to the Buyer. 4. CLOSING COST: The Seller shall pay for doeumen~ s~mps on the deed, recording any me.gage, and ~e tangible ~x on any Purchase Money Mortgage. The Buyer shall pay for ~eording the deed and for doeumen~ s~m.~ any notes given. 5. PRO-RATIONS: The existing insurance on the property ~all be ea~ied by the Seller until the date of cluing, Zt which time the Buyer shall purchase the existing ~licies of ~suranee on a pro-rated premium basis unless o~e~ pr~ vided for herein, Rents, interest, taxes and other items of income and expen~ shall ~ prorated as of the date of closing. to be prorated b~ed on year .... 19~ .............. Possession will ~ given Buyer on da.~...Q~...o.lo~i~. ............................. 6. RISK OF LOSS: Said property is to be delivered to Buyer in the same condition as of th~ date, reachable we~ and ~ar excepted, and all risk of loss or damage ~ the premises by fire, s~rm, theft or other casualty, is ass~ed by the SeHe~ ~til delive~ of the deed hereunder. 7. DISPOSITION OF DEPOSIT: If the said Buyer fails to pe~om ~e covenan~ herein contained with~ the specified, and ~e Seller elects not to require a specilic pe~ormanee thereof, or sue for damages, the deposit made by Buyer shall be lo.cited as liquidated damages (upon ten days' notice to the Buyer or his ~id Agent). 8. ~KING TIME OF ESSENCE AND NOTICE: Time may be made the essence of th~ con.act by notice ~ ~i~ ins, stipulating a reasonable time for further performance. Any notice necessa~ under this agreement may be sent by mil to ~e last known address of the party to be notified. 9. DEFINITIONS: The words "Buyer", "Seller", and "Broker" herein employed shall ~ eonst~ed to include the plural as well as the singular, and this contract shall be binding upon their heirs, a~inistrators, executom, suecesso~ assigns, and the masculine shall ~c]ude the feminine and neuter, where the con~xt so admits or requires. 10. TERMINATION OF CFFER: This instrument shall become effective as a contract when signed by Broker, Buyer, and Seller. If not executed by "parties on or before ~a~ ~0~ 1~ ....................................... any monies deposited shall ~ refunded and the proposed transaction shall teminate. 11. MISCELLANEOUS: H. V. Dally Ino. shall ~ recognized as the selling broker, and W. C. Burton Realtors as the lls~lng broker. Sixty peroen~ of the fee for services rendered shall ~ paid to the selling broker. Forty percen~ to the listing broker, Payment due in full at closing. RECEI~: The undersized hereby acknowledges ~ceipt of the deposit mentioned in ~e above and foregoes ~ ~rehase and agrees to hold the same in escrow to be d~bursed pursuant to the te~ of th~ eon~a~. (Sub~e~ ~ clewing of any.. check tendered as payment of said deposit.) H, V, D~LY INC, i, or we,. agree to purchase the above des~bed pro~rty on the ~rms and conditions stated in ~e foregoi~ ~m-- Witne~es: .... /'-; .' ' ' ~% / .. Buyer: ................ '~.-~../~ .~:... 4 ....................................................... ~ .......... (Seat) _ '~/ / ................... '""~:"~'"~'". ~..- ..............................-- -/; ............................................. ~ ~; ........ /Mayor ~ ........ ~ ...................................................................... '"~ I, or we, agr~ to sell the a~ve mentioned pro~ to the shoved named' Buyer Or h~ nominee on the ~ ~d ~o~ ~ted in %he above ~s%m]ment, and by ~e $i~atures at~ehed on the ........................ day of · 19 ............ , sig~~ep~nce and approval of the p~sed sale. ..................... ~ ............................................................................................... : .... · .............................. fee for services rendered, I, or we, agree to pay to t!~e above signed Bmke~ as X~~ for finding the above' signeff Buyer is) for above d~scri~d property ~e sum of .Se~en....Thou.sand_ Ei.ghgy....~d...N.o/00.~.~.?~.~.~.,.~.~.~ ( 7 0~0,00 ..... $...$ ........................................ ) on closing, or i~ event of fo~eiture of the deposit, one half of said deposit shah ~ or paid to ~id Broker and the remainder to the Seller, unless, because of expenses incurred, the later shall agr~ or agreed in writing to a grea~r percentage being paid to the Broker; provided, however, that the Broker'~ propo~on not exceed ~e ~-:~nt of the eommi~ion here~ stipulated. Wide.es - . Seller: ~ ~ ~ . ....... ........ ..... ............................................................................... ....................... : ....... 88-~ ADDENDA TO CITY OF DELPCAY BEACH - STERLING TRUST we:',~ L~IS B. KLUGH, KE~'~ETH Yd~UGH, and ROBERT'}~-~GH, the residuary beneficiaries of the Trust under the Will of Maria C. Klugh Sterling, hereby sign this Addenda to show our approval of the foregoing Contract of Sale to the City of Delray Beach, Florida, for the sum of ONE HUI{DRED EIGHTEEN THOUSAlqD ($118,000.00] DOLLARS, and we agree to execute, or join in the execution of, whatever instruments that may be necessary to convey a marketable title of the within described real property to the City of Delray Beach, Florida.U ~j/~~ THIS the / ~ day of ~ 197I. , . ~----- ~.. ~ ._ .~ Witnesses: ~