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Res 51-97 RESOLUTION NO. 51-97 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING THE CITY OF DELRAY BEACH TO PURCHASE FROM SELLER CERTAIN REAL PROPERTY IN PALM BEACH COUNTY, FLORIDA, LOCATED AT THE NORTHEAST CORNER OF N.E. 14TH STREET AND N.E. 3RD AVENUE, DELRAY BEACH, FLORIDA, AS MORE PARTICULARLY DESCRIBED HEREIN, HEREBY INCORPORATING AND ACCEPTING THE CONTRACT STATING THE TERMS AND CONDITIONS FOR THE SALE AND PURCHASE BETWEEN THE SELLER AND THE CITY OF DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY, AND AUTHORIZING THE CITY TO EXECUTE AN ASSIGNMENT AGREEMENT BETWEEN THE COMMUNITY REDEVELOPMENT AGENCY AND THE CITY OF DELRAY BEACH FOR SAID PROPERTY; PROVIDING AN EFFECTIVE DATE. WHEREAS, th~ City of Delray Beach wishes to acquire certain property located at the northeast corner of N.E. 14th Street and N.E. 3rd Avenue; and WHEREAS, the Seller, Nanmyer Properties, Inc., has entered into a contract to sell the property hereinafter described to the City of Delray Beach Community Redevelopment Agency; and WHEREAS, it is in the best interest of the City of Delray Beach to enter into an assignment agreement with the Community Redevelopment Agency to authorize the City of Delray Beach to acquire the said property for the purpose of stormwater retention. 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, as buyer, hereby agrees to purchase from Nanmyer Properties, Inc., as seller, land for the purchase price of Thirty Thousand Dollars ($30,000.00) and other good and valuable consideration; said property being more particularly described as follows: South 43 feet of Lot 115 and the North 67 feet of Lot 116, PLUMOSA PARK, Section A, according to the Plat thereof, as recorded in Plat Book 23, Page 68 of the Public Records of Palm Beach County, Florida. Section 2. That the te~s and conditions in the contract for sale and purchase and related addendums to the contract for sale and purchase between the City of Delray Beach Community Redevelopment Agency and Nanmyer Properties, Inc. are attached hereto as E~ibit "A" and inco~orated herein. Section 3. That the City Co~ission hereby approves and agrees to enter into the Assignment Agreement with the Community Redevelopment Agency for said property. Section 4. That the te~s and conditions of the Assignment Agreement are attached hereto as E~ibit "B" and are incorporated herein. Section 5. That this resolution shall become effective immediately upon its passage. PASSED AND ~OPTED in regular session on this the 17th day of June, 1997. ATTEST: -- Citytl~k - 2 - Res. No. 51-97 EXHIBIT "A" to RES. NO. 51-97 PARTIgSz NANMYER PROIr~RTZgS, IN_~., .('seller")~fof 18083 Clear Brook Circle, Boca Rates, Florida 33498, (Phone~b~ ~8~-~a~ ), and ~N~TY ~DE~P~NT AOENCY OF DEL~Y BEACH, {"Buwer"), of 24 ~o~h Swinton Avenue, Delzay F%o:/da 33444, (P~ne 2T6-8640)~ hereby agree tha~ the Seller shall sell Buyer shall bu~ ~he followi~g real ~roperCy ('~eal Pro~rtl") an~ ~rsonal pro,ray ("~') (collectively '~") u~n the following te~s and ("~") and any tddend~ to ~hie instrument. (a)Lega~ deoc~i~tio~ of Ro~ Pr~rtM l~ated l~ Pl~ Beach South 43 feet of Lot 115 and the North 67 feet of Lot 116, PARK, Section A, aucording to the Plat thereof, eS recorded in Plat Book 23, Page 60 of tho Public ~teoords of Palm Beach County, Florida. (b) Street address, city, sip~ of the Property ~s: N.E. 3rd Avenue, Delray Beach~ Florida (c) Personalty: ~. Poaccmss Pa~c~ ~ ................................... $ PAY~ ~ (I) De~ait to be held in escrow by Robert W. certified or caahier'l check), lubJec~ to adJuatments and prorations $~,_ _ lXI. TI~ ~R A~~; gFFK~I~ DAli FACSIMI~ If thim offer 19 not executed by and delivered to all parties OR FACT OF EXECUTION co~unicated ~i~[ng ~=ween theories on or before four~een days (14) after the execution of this ~ntr.ct by 2he Buyer, the de. sits will, at Buyer's option, be re=urned to Buye~ and thil o~fe~ withdrawn. A facsimile copy of this Contrac~ ~or Sale and Purchase ("~n~ra~") and any signature~ hereon shall ~ considered for all pu=~ses as originals. The date of ~ntract ("~ffectiwe Date") will be the date IV. TZ~ ~ZDBN~8 Within thirty (30) days after the execution of this ~n~act Seller shall, at SelLer's e~not, deliver to Burr or Buyer's a~orney, in accordance with Standard A, (~ECK (1) o~ (2))t (l)~abst=act Of (2)1 ~ltle lnsu=~oe c~l~ea~ ~d, af~e= closing, ~er's policy of ~i:le V. ~I~Q~ This tr~.ac~$on ohall be closed and the warran~ deed and other closing pa~rs delivered sixty (60~ days foll~ing the full execution this Contract, unless extended b~ othe~ provisions of Oontract. vi. ~I~S; ~; LI~ITATIO~ Buyer shall take ~ltle ~ubJect auChori=y~ restrictions ~d ~ttere a~g on the pla= or otherwise co.on ~he subdivision~ ~blio utility essence of r~ord (easements are ~o be 1ocs=ed contiguous to Real Pro~y line~ and not ~ore than ~0 feat in w~dth as ~o the ~d ~rchase ~y mortgagee, If any/ other None; provided that ~here exists at closin9 no violation of ~hm foregoing and none of ~hem prevents us~ of Real VII. ~~t The . pro~ shall ~ unoccupied am o~ the date of closing. othe~loo stated herein. If ~cupa~cy &s to ~ delivered before closing, Buyer AB~. all risk O~ lose 20 PrO~y ~r~ dete of ~cupancy, shall VII~. ~P~I~N OR ~~ ~8l~S~ ~ttefl or handwritten provisions sh~ll control All printed provisions of Contrao~ In conflict with Page 1 of 6 d) D~ns~l~tiO~ X~de= e) ~F~/VA Rider ~t a~lioabls. XXI. TI~ Z50P ~ ES8~ OF ~IS ~NT~. XXXX. DIS~S~S~ Buyer OacknowXedg~ o= ~doe~ no~ ac~owledge rec~ip= of NAN~3YER PROPERTIES, IMC, 180~3 CLEAR [~ROOK CiRCI~ ~ ....... ._.= Social S~curit7 8oci~l Exhibit "A" to Res. No. 51-97 Page 2 of 6 u,~-c~-~ r~! J~:JJ ~'I'[IN ROSENBERO WlNIKOFF FAX NO, 954 772 4224 P, 05 S~_AHDAP~$ FOR P.J~AL ~$~A.TB S dd~S, ~ title c~nc, rrm ~to o~ receiving evidence o~ title to ox~no 1~, I~ t~le ~ gound ~ectlve, Buyer shall pr~l~for righ~ o~ pr~nt In whole or 1~ p~rt WithOUt penalty; Jhoil not peZ~t acceleration or Antlru=t ~. ~: B~'ur, at Buyer's ex.flue, within ~lme aJl~ed to ~livef evidence of title and to exl~no a~e, may ~ve Shou/d such Co,to exceed that ~ount. Buye~ ~hall have the ~tiofl of canceling Cent Fact within S Oay$ 4~ter ~eceipt Df of Zt ot the purchase price. 'Te~ites' shall ~ ~ld Co include all ~ destroylnq orqani~ cequitvd ~o bo repor~ the r~or~d~ Pe~t ~ntrel ACt. ~. ~: SeJier shali furnish to Buyer at ~lme of closing an affidavit atto,~ing to ~he absence, ufliesf othe~ise provided hive been no LMprov~enCl or repairf to Pfo~rty gar gO days l~e~ltely preying dice of cloling. If Property hal gin A~r~, Or repalred wlthin that tAae~ geZ1~r shell delAve~ ~e~es~e~ o~ ~oAve~a o~ aechanAca' A~ena ezecu~ed by al~ ~epal~s ~i~ ~d aa:vi aa a bails for a Mchanic'a lien o~ a claim fo~ d~geJ have ~ln ~id or viii be p~d at ciofin~ this C~t~uct. eclat ~AQ~Ang agont de=lgnacQd ky 1~41 ~liday~. and any tLma ~ri~pfovl~ for hGrolu which ~11 ~d ce Sotuf~y. Sund~y oz lOgal ho/AdaM ~lml~ ~Ceh~ CO SOCU:lty ag~o~unt, and financing atatementn. o~a. ~t~gAbAe t~i~t~cdl~ pu~chaJe ~o~ey ~ztgage CO BeA/qr~ wo~;untz~d end giflancAng ~ta~nts ~1~/1 ~ paid ~y pcore~t~gh~y~o~e~o,~. ~ah~l ~ve chef,lan og~ng ovec a~V exA,~9 ~ct~s o[ L~=u~ancu. II Prorations will bo made through day prior to ~CUpe~Cy if OCCupeAcy occurs ~foze clo~lng. AdylflCl rent and ~lCUrl~y ~HIBIT "A" ~. I~ ~111~ ~: CercA~led, c~fX~ and retifL~ ~pociol az~e.~en~ 1Lena aJ of d. te of cio~(ng (no~ a~ of ~f~clve~te) are ~Q~ld~Se~lec, ~dl~ ILena aa og~ce aC closing ~hall ~ ios~ BuyK. I~ tam ~pr~v~tnt has * ~ell~lhll, &t~X~, ~c~ro~an ~ounc ~aA to tie X&at e,c~Ce o~ assos~nt for the A~rov~nc by the pubXAo b~. d,yo prior to c2o~lng, ~lchever ~curl ~lr~t, re~rt An writing to ~eller luch At~J t~at do ~t mo~t thq I~vl Itandards Co~f~ta. U~e~ B~er z~gtl luch dl~tn within that t~e, 8vy~z Ih&~ ~4o~6 to have ~alv~ SeXler'n~rtantieB ua to rellim9 which eAUmr parby may cancel this Contrite. Zf ~XLtr lo un~le to ~rrect the duf~te p~Ao~ to ciosLnq, the 3~ ef the asoelled valuation of the Propor~v eo d~ged, co.t or te=~o:ation ihall ~ an obligation cZ the Smiler and closinq 3~ Q~ kbu a~oqnned valuation af th~ L~prQ~onte so d~g~, 8vyGr Ihall huvm ~ht option of el.tl~or ta~lng Pr~u~ty la ~ogEther vAth either she 3q or any Lnourance pz~dl ~y.bAe by virtue oZ ouch lO~s or d~aqs, or of ~ncel/nq ~ntr~cc and O, ~1 OF ~/ ~SX~d ~: The speclel wlrranty deed shall bo recorded upon clea:&n~ of funds. Xf If Suller'a tl~le If rendered unmarkut~le, thrDugh no t&ult ol guy.r. Buye: Ih&l~, v~thA~ tim 5 ~y por/~, notlfy 8eJler to tlaoly ~re the alf~t, Bli dopoait (~) shill, u~n written dMaAd by Buyer ahd within 5 doMs n~ter d~and, ~ ~ecurn~ co ~DD~NDUM TO CONTRACT FOR SALE AND PURCHASE SELLERz NA~HYER PROPERTIES, INC. BUYERI COI~HUNITY REDEVELOPMENT AGENCY oF DELRAY BEACH PROPERTY ADD, SSI South 43 feet of Lot 115 and the North 67 feet of Lot 116, PLUHOSA PA~K, Section A, according to the PLat thereof~ as recorde~ in Plat Book 23, Page 68 of the Public Records of ~&lm Beach county, Floc/ds. XIV. Ep~CZAL CLAUSES (Continued)~ A. RADON OAS z Kadon gas is naturally occurring radioactive gas that, when it has accumulated in a building in sufficient quantl~les, may present health risks to persons who are exposed to it over time. Levels of radon thac exceed federal and irate guidelines have been found in buildings in Florida. your county ~ublic health unit. Paragraph N of the standards for Real Estate Transactions attached to this contract is hereby deemed to include ~ inspect~on fo= radon gas. B. FOI~I~N INVESTHENT IN REAL PROPERTY TAX ACT ('FIRPTA")I ExCept ae othe~wiss provided herein, Buyer, pursuant ~o Section 1445 of the Internal Revenue Code of 1986, as e~anded '(.Sectimn 1445") and the regulations promulgated thereunder ('Regulations'), shall be required to withhold luCh amount as is necessary to comply with the Regulations and shall ~lmely remit to the Internal Revenue Service the amount so withheld along with properly completed remittance forms. If, however, on or before closing, Seller provides Buyer with (1) an ~£davit of Won-Foreign Status reg~rdinq Seller, (2) a Notice of Non-Recognition Treatment, or (3) a Withholding Certificate establishing that no, or a reduced, amount of federal income tax ie required to be withheld under Section 1445 (collectively -Withholding Document'} in proper form as required by the Regulations, and Buyer has no knowledge or ~otice that the Withholding Document furnished by Seller is false, as determined in accordance w/th the Regulations, ~hen Buyer shall not be required to withhold any portion of the amount payable to Belier or shall be allowed to withhold such lesser amount as il required by the applicable Withholding Document, as the case may be, and shall submit the amount so withheld to the lnt~nal Revenue Se~loe along with properly completed remittance fo~s. ~n addition, if Seller, prior to closing, satisfies those Regulations which concern the filing of an application for a Withholding Document with the Internal Revenue ~ervics end gives notice of such pursuant to the Regulations to Buyer and said application is still pending as of the date of closing, then Buyer shall cooperate with Seller's reasonable request to escrow any amount w~thh~ld at closing pursuant to the Regulations, at Seller's expense, until a final determination is made regarding said application at which time said amount shall be disbursed in accordance with said final determination. In the event insufficient cash is paid by Buyer at closing to fund the Buyer's withholding obligation, Seller shall deliver to Buyer at closing the amount of additional cash necessary tO satisfy the withholding obligation. In the event Buyer determines after tho closing that the Withholding Document provided by Seller to Buyer relieving Buyer entirely of Buyer's duty to withhold or reducing the amount required to be withheld by Buyer was false, Buyer shall have the authority to withhold from any additional amounts due to Seller in accordance with the Regulations, all or such portion of said additional amount due to Seller as Buyer deems necessary to comply with Section 1445 and to remit the amount so withheld and report such lnformatio~ as required under the Regulations to the Internal Revenue Service. c. This Contract is contingent upon the CO,UNITY ~DBVELOPMENT AGENCY OF DELRAY BEACH'S Board of Cofa~lesioners approving this Contract within fourteen (14) days following its execution by the Seller. D. The soil, surface water, drainage requirements and runoff being purchased must be acceptable to Buyer in Buyers' discretion. This shall be determined by test boring and other soil, geological and engines=lng studies which may be conducted by Buyer at Buyers' expense within the time permitted for delivery of evidence of title herein. Notice of the results of such testing shall be furnished to Seller. During the term of this Contract, the Buyer, or ~plete right ~o enter upon the property for the purpose of making ~y and all inspections, tests and studies of the property. I~ the event said conditions disclosed by such inspeotion~ are unacceptable to Buyer, the Buyer shall have the right to cancel this Agreement and receive a refund of all deposit monies paid hereunder. NAN~YER PROPERTIES, INC. COMMUNITY/~~~ AGENCY OF .~u~r en~ e~u~teneoualy with such repayment, Buyer ehall return Personalty end vacate Real Property end reconvey It to Seller by warranty deed. If Buyer fel~e to make timely demand for refund, Buyer mhal! take title es is, waiving all rightm against ~ler es to any ~nterven~ng ~t except as may ~ available to Buyer by v~rtue o~ ~arrant~ez contained ~n the warranty deed. If a ~on o~ the purchase price ~z to ~ derived fr~ ~nzt~tut~ona~ ~nanc~ng o~ re~nancZng, ~equ~remen~a o~ the ~end~ng Institution a~ to place, time o~ day and p~edu~es for closing, and fo~ d~sbu~sement of mortgage p~eeds ~hal~ contzo~ over contrary p;ov~sSon In thL~ Contract. Seller sha~L h~ve the ~19h~ to roquLre ~;om the /endLng LnstLtutLon a ~rLtten c~Ltment that lC ~111 ~t ~lthhold dlsbu;a~ent o~ mo;tgage p;~eeds as a ~e=ult o~ any title deEect attributable to Buyer-moctgaqor. The esc;~ a~ clo~lng pr~u;e ;~ul;~ by this Standa;d may ~ ~alved If title agent lnsure~ adverse =etter~ pursuant to Sectlon ~. ~: ~ esc;~ agent ("~ent") ~elvlng ~unds o; equivalent 1~ authorized and ag;ems by acceptance o~ th~ to de.sit th~p~tly, hold~ In macgard, ~t to tiaa;ante, ~sbu;ae them In acco;dance~lth tegms and conditions o~ Cont;act. ~al~u;e o~ clarence o~ Eunds shall not excuse Buye;~s ~c~o~ance. ]~ In doubt as to ~ent*s duties o~ 1labilities undec the p~ovlalons ag Contract, ~gent may, at ~enc's optlo~, continue to ho~d the sub,act mattez o~ the escz~ until the pa;tles ~utu~Zy agr~ to lt~ d~sbu~s~nt, o~ until a ~ud~ent o~ a cou~t o~ c~petent Ju~lsdict~on sha~ dateline the ~ght~ o~ the ~ncern~o~ s~h action, a~ X~mb~ty on the pert o~ ~ent ~ha~I ~ulXy terminate, ~xcept to the extent o{ mccount~ng ~or any ~t~a prev~ou~Xy delivered out o~ eac~. I~ a X~cenmed ~a~ e~tete broker, Agent w~X~ c~ply w~th p~ov~s~on~ o~ Chap~e~ 415, r.~.(~989}, a~ ~nded. ~y =u~t ~t~en Buyer and Se~ where ~ent Is made a pa~ty ~cauae o~ acting a~ ~ent hereunder, ~n any su~t wh~re~n~ent ~ntm~ea~ t~a~t~tter o~ th~ ~mc~, ~gent ~ha11 ~ecove~ ~amoneb~ atto~ne~' fees and comts ~ts ~n ~avo~ o~ the pr~va~X~ng party. Pert~ea agree that ~ent shaIl not ~ l~able to mny party or p~on ~o~ m~de1~very to Buyer o~e~o~ Jt~ ~t to th~m mmcr~ un~em~ much~X~ve~ ~ due to w~ll~u1 b~each o~ Contract or grom~ negligence o~ent. g. ~~ ~S~I: In any 1~t~gat~on ar{m~ng out o~ th~s Contract, th~ pr~va~ling pm~ty In much ~lt~gat~on which, ~o~ th~ pu~a o~ th~a ~tanda~d~ ~ha~X ~nclude Se~e~, Buy. r, ~st~ng broke~, Buyer'= brokt~ ~nd mny ~u~gent~ to the ~$sting broke~ or Buy~'~ b~oker~ ~ha~ ~ ~nt~tled to ~over ~ea~onab~e attorney'~ ~ee~ mhd comtm. I. ~ O~ ~~: ]~ Buyer ~a~Xs to ~r~o~ th~s Contract ~th&n th~ t~m~ mpec~{~ed (Including pa~ent ~a~t(s)), the ~t(~) pa~d by Buyer ~nd de~lt(~} agreed to ~ pa~d, may be ~taJned by or ~or the account mg~ u~n l~t~ges, ~ns~at~on ~or the ~x~utlon o~ th~s Contract and &n ~ulX settl~ent o~ any cIa~ms~ wh~reu~n, en~o~ce Se~e~l ~hL~ under thee Contract. ]E, ~o~ any reaeon oLhe~ ~han ~a~Zure cE Se~e~ ~o make 5e~e~'e ~Ze marketable a~e~ d~gen~ eEEo~t~ 5e~e~ Ea~e, neglects o~ reEueee to ~o~m Lh~ Con~ac~ the Buye~ may ~eek epec~c ~Eo~ance e~ ~o ~ve ~he ~e~u~n o~ Buye~ ~L(~) ~Chout ~he~eby ~a~v~ng any ac~on ~o~ damage~ ~e~u~ng ~ 5e~e~'~ breach. I. ~~~~ ~~; ~: Ne~her th~e Con~rac~ no~ any noL~ce o~ ~ aha~ ~ ~eco~ded ~n any public · ~ord~. ?h~s ~n~acC eha~ b~nd and ~nu~e to the ~nef~ of ~he parolee and their eucceesor~ ~n ~nteree~. ~eneve~ ~he con~ex~ ~Le~ e~ngu~a~ ~ ~ncZu~p~u~a~ and one gende~ ~ha~ ~nc~ude a~. Not,ce g~ven by o~ ~o Lhe a~o~ney ~o~ any pa~ty sha~ ~ ae e~ec~ve ae ~E g~ven by o~ to that per~y. · . ~0~: 5e~e~ ~ha~ convey ~e ~o ~eaZ P~ope~y by e~a~u~o~y ~a~an~y, ~ue~ee~e, ~ona~ ~ep~e~en~a~ve'e guardian's ~, ee app~a~e ~o ~he ~a~ue o~ 5e~e~ ~ub~ec~ on~y to maltese contained ~n Paragraph VZZ and thoee eccep~e~ b7 Buyer. Pe~ona~ty ~, et ~eque~t o~ Buye~ ~ ~ane~e~ed by an absolute b~ o~ ~a~e ~th ~a~anty sub~ec~ onZy to auch ~e~a al my ~ ~the~e p~ovLded Eo~ g. ~~: ~ p~o~ o~ p~e~en~ agreements or ~ep~eeentat~one eha~ ~ b~nd~n9 u~n Buye~ o~ ~e~e~ un~ees ~nc~uded executed by ~he ~y o~ pa~e~ ~ntended ~o be ~und by ~. V. ~Z~: Seller war,ante that the~e are no facts kn~n to Seller uateria~ly affecting the va~uo of ~he Rosl P~operty ~hich are not readily observable by 8uye~ of ~hich have act ~en diac~osed ~o BuyeF. Exhibit "A" to Res. No. 51-97 Page 4 of 6 SECOND. ADDENDUM TO CO_ .NTRACT FOR SALE.AND PURCHASE SELLER: NANMYER PROPERTIES, INC. BLrYER: COlVh-'vR.INIT¥ REDEVELOPMENT AGENCY OF DELRAY BEACH PROPERTY ADDRESS: Sotrth 43' of Lot 11:5 & N. 67' of Lot 116, Plumosa Park, Section A, according to the plat thereof, as recorded in P.B. 113, Page 68 of the Public Records of Palm Beach Count, Florida. 1. Miseellane0u~. This addendum is attached to and made a part of ~he Contract for Sale and Purchase between Seller and Purchaser having im Effective Dare of May 1, 1997 (such contrac~ and all addendums thereto being referred to collectively as the "Contract"). All capitalized l~rms not defined in this second addendum shall have the m~ngs give~ in be Conm~et. To the extent the terms of this second addendum cordliet with any of the ~erms of the Contract, the terms of this second addendum shall govern and control. Facsimile sigj~tures of this second addendum shall co~ustitute originals. 2. l~ncroachmem. Notwithstanding paragraph "C" of the Standards for R~al Estate Transactions set forth on the reverse side of the Contract, and notwithstanding any other provision of the Contract to the conu-ary, Purcb~_ser acknowledges that there exists an encroachment of N.E. I4th Street onto the southeast comer o£ the property', a~ad with respect thereto agrees as follows: (a) For purposes of the Contract, the encroachment shall not constitute a title defect or render title to the l~operty unmarketable; (b) Purchaser's obligation to close on its purchase of the Property, as set forth in the Contract, shall not be relieved or otherwise affected by the existence of the encroachment; and (e) At closing, Purchaser shall accept title to the Property subject to the encroachment, provided Seller otherwise complies v,-ith it~ obligations under the Contract. NANI~PfER PROPERTIES, INC. ~er T. Beto~resident COMaM~I~.vl~YREDEVELOPMENT AGENCY OF D£LRAY BEACH By: ] Date: Amc ../~X, 1997 Name: ~, .'~,,~--~ Title: Exhibit "A" to Res. No. 51-97 Page 6 of 6 EXHIBIT "B" to RES. NO. 51-97 THIS ASSIGNMENT AGREEMENT Is made and entered into this day of , 1997, by and between the CO~(UNITY REDEVELOPI(ENT AGENCY OF DELRA¥ BEACH, hereinafter referred to as "Assignor," and the CITY OF DELRAY BEACH hereinafter referred to as "Assignee." WITNESSETHt WHEREAS, the Assignor has entered into that certain Contract for sale and purchase withNANMTER PROPERTIES, INC., as Seller, for the purchase of South 43 feet of Lot 115 and the North 67 feet of Lot 116, PLUMOSAPARK, Section A, according to the Plat thereof, as recorded in Plat Book 23, Page 68 of the Public Records of Palm Beach County, Florida, a copy of which is attached hereto (hereinafter referred to as the "Contract'); and WHEREAS, the Assignor is desirous of assigning said Contract to the Assignee and the Assignee is agreeable to accepting such assignment pursuant to the terms and conditions hereinafter set forth in this Agreement. NOW, THEREFORE, in consideration of the mutual covenants and promises herein contained the parties hereby agree as follower Simultaneously with the execution of this Assignment, the Assignee shall pay to Assignor an amount equal to the deposit havingbeenmadebytheAssignor pursuant to said Contract, as well as the appraisal fee, environmental study costs, soil test costs, and the survey fee incurred by the Assignor. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written. WITNESSES t CO~ REDEVELOPMENT AGENCY OF DELRAY )~EAo34 ATTESTED BY, CITY OF DELRAY BEACH Bye.. City Clerk Jay Alperin, Mayor Page 1 of 7 PARTIES: NANMYER FROFJ~RTI~0 I~.~ .('~e~ler'¼,of 18083 Clear Brook Circle, goca Rates, Florida 33498, (Phone~~-~-23b); and COMMUNITY P. EDEV~LOPM~T A~EHCY OF D~L~Y B~ACH, ("Buver"), of 24 ~or~h SwanSon Avenue, Del~iy Beach; DBS~I~ ~ (a)Legal description o~ ~al P=o~y l~&ted ~n Pi~ Beach ~unty, South 4~ feeh of ~t ~15 and the ~o~h 67 ~ee2 of ~2 ~6, Book 23~ ~age 65 of the ~blLo ~co~ds o~ Pa~ Beach Coun~, Florida. Avenue, Dolfay Beach~ Florida (c) ~. ~ ~* ................................... t Deposit to be held iff escrow by Robert W. certified or c~ohLet'; check), lubJect to Id~uatment8 and p~o~ations ~. T~ ~R A~~; BFFK~Z~ DA~/ FACSINI~ If ~hi8 offer lo not executed by and dally%red ~o ill pa~eB OR FAC9 OF EXECUTION co~unica~ed ~/tfn~ ~tween the ~tlea on or ~o=l ~ourteen days (14) after ~he execution to uuye: an~ this offer ~Lthd=lvn. ~ faosLmLle copy of th~ Contract for Sale and ~rchaBe ('Cont~a~') and any signatures he,eon sha~l ~ considered for all ~r~ses is or~qinal8. T~dat~ of~ntract ("Effective Dste') will ~the date when the last one of the ~uye~ and the Seller has signed this offer. IV. TI~ ~ZD~N~t W/th~n thirty (30) days I~to~ tho execution at this ~nt~act selle~ shall, at Seller'l e~noo~ deliver to Buyer or Buyer'~ attorney, ~n accordance with Standard A, (~ECK (1) ~ (~))f (l)~abstrack (2)B t~tle insurance c~i~ent ~d, after closing, ~er's policy of ~i=le ~. ~I~1~i L~ITATI~St Buyer shall take t~tlo subject au=hori~y~ reetri~ons ~ ~t~ers a~ng on the pla~ or o~he~wise co=on the s~lvision; ~blLc vtilit~ eas~ent~ of record (easements are to be loca~ed contiguous to Real Pro~y lines and not more than I0 feet In width am to the ~d ~fchaso ~y ~rtgageu~ If anyl otbe~ Nasal provided that there exists closing no violation of the focegoLng and none of the~ ~revont8 uso o~ Real Pro. ray fo= residential VIZ. ~~ The pfo~ ihall ~ unoccupied as of the da2e of closing. Sellec agrees to delivery occupancy of Property at t~e of closing ~ile 8tated herein, l~ ~cupanc~ l~ to~ delivered before closing, Suye~ otho~wise Itated he=sin o: in a separate writing. VZIX. ~P~N ~ ~~ ~8X~S. ~Atten o~ handwritten provisions shall control all p~lntod provisions o~ Contfac~ ~n conflict with Exhibit "B" to Res. No. 51-97 Pa~e 2 of 7 d)OInsul~tiO~ aasig~ ~Ontfao~. ZX. S~C~ ~SES~ (CHEOK (1) OR ~t a~plicabla. ~IX. DIS~~S~ Buyer Oacknowled~a~ or. Odoe; n~t ac~owled~e recaipt of the agency/radon/compensation and entimate~ .... B~'B X~XTM~8 18083 CLEAR BROO~ CtRCI.E S~/al S~cur/tZ aocial Securit~ or ~ax ID ~o, or T~ ID No. Exhibit "B" to Res. No. 51-97 Page 3 of 7 ..,-~o-~( r~! N:II NIl=IN ROSENHERG NINIKOFF F~X NO. ~54 772 4224 P. 05 ~S ~R ~ E~T~E T~ZONB cheil prov~ ZaP rtgh~ or p~.t ~ ~hoXi Or l~ pitt ~Xcho~t ~nllty; Jh~l not ~mAt acceleration or AntE/eot adjustment of 2t o~ tho purchase price. 'T~iteo' ~. ~M: SoJi~z oha2t SumAch to Buyer It time of clo~in9 on affidavit attesting ~o the aboenoo, unless othe~ise pcovidld huve been no ~hLo Con~roc~. other CZoSing tgoflt do,ignored by Sol~e~. p,n. o[ the next buslneo8 dny. eJt&mate Bay, (tS ~rM} or ~ *n npprQprLu~oly /l~Ens~ rlorldl contr0ctor, luyer eh.21, prior to Buyer*f ~cupan~ or not Llaa than 10 re, Ira ~quircd ~ thim Standard. ~ei/e~ Ihal~ maintain Pz~rty ~ciu~nq but not limited to Lbo 1~ and ~hrub~ &n th~ ~sx oF ~s: Ig the Fr~.rty la d~aqed by fX~e or ~bor cmmumlcy ~gore closing and cost of r*storltion ~eJ ucc ex~e~ of the assosl~d valuation of the Propor~y ~ d~ged, colt et re=toraLLon ~hall ~ an ~ligetion Of tho Slllor lad closing t~ather ~th ~coivlnq t*tq=n wrl~ln9 o~ t~ ~f~t Bad ~eller ah411 ~ve 30 day. f~ ~te of r~etpc of ~ucb notification to cur0 the 4uf~t. Zf ~llqr falla end simultaneously with such repayment, Buyer shall return Personalty and vacate Real Property end reconwey it to Belier .~lller es to &ny Intervening d~ect except ss ~ay ~ available to Buyer by v~tue of ~a~rant~e~ contained ~n the ~a~ranty deed. ~tIon of the purchase p~lc* ~ to ~ derived fr~ ~n~t~tutional f~nanc~ng or rt~nanclng, requirements of the lending ~t~tu~lon Is to place, tSme o~ da~ and pr~ed~es ~or clo~ln9, and fo~ disbursement o~ mortgage premeds shall control over c~t~ary provlaXon In thl~ Contract. Sol/or ~l,a~ have the r~ght to roqulre ~ ~he lending Institution a ~r~tten c~ltment ~t ~11~ ~t ~thhold dlabuta~nt si mortgage pt~eed~ a~ a result si any title deject attt~buCable to Buyer-eo~tgagor. The ~ a~ c~oa&~ p~ute ~ul~ by thl~ Startled may be ~aived &~ t&t~e agent &nausea adverse mattet~ pursuant to Section ~: ~ esc~ agent ("~ent"~ r~elv~ng funds o~ equivalent ~ authorized and ~g~ees b~ ~cceptance of them to de.sit ~pr~tly~ hold s~ ~ e~c~and~ sub~t to clearance, d~sbur~, thlm ~n acco~danc~th terms ~nd conditions of Contract. F~e of ~l~anc~ of funds shall ~ot ~xcuse Buyer's ~fo~anc~. If la doubt as to Agent's duties o~ l~ab~lit~ea unde~ the ~to~s~on~ o~ Contract, Agent ~a7~ ~t Agent'~ option, continue to ho~d the sub,act ~attec of th~ escr~ unt~ the p~ttie~ ~t~ly agt~ to ~ta d~abuta~ent~ or until a ~ud~ent of a court of c~tent ~ur~sd~ct~on shall dateline t~e rights of the ~ or ~ent ~y ~s~t ~th the c~erk of the c~tcu~t court having ~ur~sd~ct~oa of the d~spute. Upon not~fy~ng a22 patties ~n~ of a~h action, a~l ~ab~ty on the part of Agent ahal~ fully tetainate~ ezcept to the eztent of accounting fo~ any previously deC,vexed out of macro. If a ~cea~ed teal estate btoker~ Rgen: ~ c~p~y ~th ptov~a~ona of Chapter 475, L~ced ~Lth the fees and ~8ts to ~ pa~d ~ and out o~ the eocc~ed fund~ et equivalent end charged end awarded aa court B~ or ~let of ~t~ a~t to th~s macro, unles~ such~a~l~ve~ la due to willful breach of Contract or 9ros~ negligence ~ ~ ~~= If Buyer ~a~s to ~t~o~ th~ Contract ~th~n the t~Je a~c~f~ed (~nc~ud~ng pa~ent of a~ ~t(s)), t~s:t(sJ pa~d by Buyer and ~slt{s) agreed to ~ paid, ~ly ~ retained by et ~ot the account of Se~let es d~gent e~o~t, Se~et fa~a, neglects or re~u~ea to per~orm :h~a Contract, the Buyer ~ay seek s~c~c ~fo~ance or to t~ve t~ return o~ B~er's ~a~t(a] without thereby ~aLvLflg any action ~o~ ~magea ~eau~t~ng ~r~ Se22e~'a breach. ~~~~ ~ ~; ~: ~ther th~s Contract nor any not~c/ of ~t aha~ ~ recorded ~n any public r~. Th~a Con:tact aha~ b~nd and ~nure to the ~ne[~t of the part~ea and their successors Ln ~n:e~eat. ~enever the con:ext ~, a~ngu~at s~ ~nc2u~ p~uta~ and one gende~ sha~2 ~nc2ude a~. Not,ce g~ven by or to the attorney for any party shal~ ~e~ect~ve as ~f g~ven by or to that party. g~an'l ~, a~ appropriate to the status o~ Se~let, sub,oct only to matters contained In Paragraph VI2 and those othe~ae ~a Contract. No modification et change ~n th~a Contract aha2~ ~ va~d et b~nd~ng u~n the patt~ea un~esa ~n ~t~t~ng and ex--ted by the ~:y et patt~e~ ~ntended to ~ ~und by ~t. Exhibit "B" to Res. No. 51-97 Page 5 of 7 ADD~DUMTO OO~rRACT~OR SALB ~ ~ELLER~ N~YER P~PERTIES, ~NC. BUYERJ ~NXTY ~DE~P~NT AGEN~ OF DEL~Y BEACH PROPERTY ~D~SSt South 43 fee~ Of Lo~ 1~S and ~he North 67 fee~ of Lo~ ZIV. 6PBC~ ~OSES (Continued)z A. ~N O~= Radon gas iS naturally occur=lng radioac~ive gab ~hen Lt h~e acc~ula~ed in I building ~n euffLc~ent ~anCL~Leo, may p~esen~ exceed federal .nd i~a~e guidelinel h~ve been found in buildings In Florida. your county ~blic health unl~, P~i~tph ~ of the 8~and~da for ~al for rldon gas. ~. FO~I~N l~S~ IN ~ PROPERT~ T~ ACT ('FZRPTA')~ Except ~v~ue ~e of 1986, al ~ed '("Sect.s 1445") l~ ~he radiations ~venue Service the ~u~t lo withheld along wi~h ~ro~rly temple=ed remittance fo=m~. ~f. he.eve=, on o= ~fo=e closing, S~lle= provides Buyer with (1} Affidavl~ of Non-Foreign S~acul ~eg~ding Seller, (2) a Notice of Ho~-~c~niCion T~ea~n~, or (3} i Wl~olding ~rtif~cate el~lblishing tha~ no, Or a reduced, ~lat/one, and Buyer h~ no ~owLedge or notice tha~ the Wl~hholdin9 Documen~ ~unt lo wit~eld ~t~ Zn~naL ~venul 6e~Lce &long wi~h properly completed r~m~ttance ~ additfo~, ~ Seller, ~lo= ~o closing, satisfies those Re~lations which concern 2he filing of an application for a Withholding Document wi~h ~ntlrnal Revenue ~ervicl and give~ no, ici of auch pureulnb to the Regulations to Guys: ~nd said a~lica~ion Il e~lll ~nding is of ~he 4a~e of cloninV, ~hen ~uyer shall coops=ate with 6oller'o reaBon&ble re.est to escrow any ~ount ~ithheld at closing pursues2 to the ~ulttion~, at ~elle~'8 ex,nee; until I final dare.nation il ~de reg~d~g said Ippl~cation at which ~lme said ~oun~ Ihall In the event ~neuff[cient cash is paid by 9uyer at clo~ing to fund the Buyer's withholding obligation, Seller shall deliver to Buyer at closing the ~un~ of additfonal Calh neceas~ tO satisfy the withholding chiLE&tics. In the event Buyer datelines after the closing tha~ the Withholding Document provided by Seller to Buyer relieving Buyer entirely of Buyer's dut~ to wi~hhold or the. au~ho:lty to wlt~old f:~ any additional ~unts due to Seller in accordance ~lth the Re~latione, ail or such ~rtLon of said addL:Lonal ~unt due to as Buyer g~e necees~y :o c~ly with Section ~445 and tc remit the amount withheld and rep~tt such information aa re. ired under the Regulations to the Znternal ~venue OF DE~Y B~'8 Bo~d of ~,;lone=e approving this ~ntract within fourteen [14) days roll.in9 its execution by the Seller, ~ datelined by test ~f~ng and other soil, geol~lcal ~d engineerLng e~udiee ~hich ~ay ~ ~nducted by Buyer at Buyefs' ~nse within the tl~e ~i~ed for 'deliverM of evidence of title he~ein. Notfce of the ~esulte of such testing shall be furnished ~o Seller. Durlm~ the term of this ~n~ract, the Buyer, or Buyers' ~ployeee, agents, ~epresentativee, o: assigns, eha~l have full and ~plete r~ght Co ente~ u~n the property for the ~ur~ee of making ~y and all disolos~ by luch ins~ctionl ~e unacce~le to Buyer, ~he Buyer shall have the right to cancel thil Aq:e~nt and receive a refund of all de~el~ ~n~el hereunder. N~ER PROPERTIES, INC, Exhibit "B" tO Res. No. 51-97 ~,U/~ Page 6 of 7 SECOND. ADDENDUM TO C.O..NTRACT FOR SALE. ,AND pURCHASE SELLER: NANMYER PROPERTIES, INC. BLrYER: COI~d'UNI]'Y i:~DEVELOPMENT AGENCY OF DELKAY BEACH PROPERTY ADDKESS: South 43' of Lot 115 & N. 67' of Lot 116, Plurnosa Pm, k, Section A, according to the plat thereof, as recorded in P.B. :23, Page 68 of the Public Records of Palm Beach County., Florida. I. Miscellaneou,. This addendum is attached to and made a part oftha Contract for Sale and Purchas~ between Seller and Purchaser having an Effective Date of May 1, 1997 (such contract and all addendums thereto being referred to collectively as the "Contract"). Ail capiudiz~ terms not defined in this second addendum shall have. the meanLngz givea in the Contract. To the cxtcnt the terms of this ~cond addendum conflict with any of the terms of the Contrach the terms of this sccond addendum shall govern and control. Facsimile signatures of this second addendum shall constitute originals. 2. ~II.~;l~llllll.[~. Notwithstanding paragraph "C" of the Standards for Real Estate Transactions set forth on the reverse side of the Contract, and notwithstanding any other provision of the Contract to the contrary, Purchaser acknowledges that there exists an encroachment of N.E. 14th Str,~ onto the southeast comer of tl~e propcrty, and with resider thereto agrees as follows: (a) For purposes of the Contract. the encroachment shall not constitute a title defect or render title to the Property unmarketable; Co) Purchaser's obligation to close on its purchase of the Property, as set forth in the Contract, shall not be relieved or otherwise affected by the existence of the encroachment; and (c) At closing, Purch,~er shall accept title to the Property subject to the encroachment, provided Seller otherwise complies with its obligatiom under thc Contract. NANMYER PROPERTIES, INC. l~¢r ~. Bcrk~,q~resident COIVhM~Y..?EDEVELOPM~NT AGENCY OF D£LRAY BEACH By:, ] Date: June/~,, 1997 N me:. . _ Title: ~.'/~/-/~' Exhibit "B" to Res. No. 51-97 Page 7 of 7 MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY Mg2XlAGER~ SUBJECT: AGENDA ITEM # ~ - REGULAR MEETING OF JULY 1, 1997 RESOLUTION NO. 51-97 AUTHORIZING ACQUISITION AND ACCEPTANCE OF ASSIGNMENT AGREEMENT/NANMYER PROPERTY DATE: JUNE 27, 1997 The Nanmyer property was before the Commission on May 21, 1996, for an appeal of the Site Plan Review and Appearance Board's action to deny a proposed 4-plex townhouse development on the site. The property is located at the northeast corner of N.E. 14th Street and N.E. 3rd Avenue within the Seacrest Neighborhood. After holding a hearing, the Commission voted 4 to 1 (Ms. Kiselewski dissenting) to uphold SPRAB's action and deny the appeal. In view of the sensitivity of the neighborhood as a redevelopment area with a plan underway and its relationship to the North Federal Highway corridor, the Community Redevelopment Agency subsequently entered into negotiations with the property owner and contracted to purchase the property. City staff has since determined the property to be suitable for use as a stormwater retention area. As indicated in Mr. Wight's memorandum, the area has already been identified as a proposed project due to periodic flooding and is included in the proposed Capital Improvement Program for FY 97/98. The action requested of the Commission is approval of Resolution No. 51-97 which authorizes the acquisition of the property for the municipal purpose of stormwater retention and authorizes the City to enter into an assignment agreement with the CRA to purchase the Nanmyer property for $30,000.00 plus the cost of the appraisal, to be funded from Stormwater Utility - Land Acquisition Costs (448-5411-538-61.10) through transfer from project reserve. Recommend approval of Resolution No. 51-97. ref:agmemo7 ~ ~--O < PLUMOSA ELEMENTARY SCHOOL · ~:.:.:.:.: .... :.:-:.:.:. N.Z.:.EZ.:-:.:.:.:.:.I-:7..:T..H.:-:':':':':-: ............. :::::::::::::::::::::::::: .......... ~.i:~:i:i:i::-::i:i:i~i~i~ i:i:iiiiii~?:!:!:i::.: ::i:i:i:i:i !:!:i:?i:i:i:i: :.:.:.:.:.:':':':':-.'.'.:.:. · .'.'.'.'-'.'.'.'.'.'.'-'::~:~:::: :E~::-:.:.:.:.:.:t.6.~la ':':':':' :' :s~..-.......-.....-...-.'.'.'.'.-.'.-.'.'.:.:.:.:.:.:.: .... ......... .......... . ............ .. '"'""'"'"'" ~::' '~':'"'"'"'""'""""'""'"'"""'"'"'"'t"' " ''"'" '"~-~" AR : ::::::::::::::::::i: ::::::::::::::::::::::::::::  :..I:5.T.H:.:.:.:.:.:.:-:.S'T~":'.' · '.'.'.' · '.'.'.'.'.'.'.'.'.'.'.'.'-'.'.'. .......... ................v...-.. _ANE ' -- :':':':-:':':':':':': ...... ',I.E. 14TH ST. (LA N.E. 14TH ST. LN. -- DIGITAL BASE WAP SYSTEM -- *~6'27. 97 FRI 07:33 FAX ~107 278 4755 DEL BCH CTY ATTY -,-*-, CITY HALL CITY DF DELRRY BEACH:.. ,. . .~ ,~" ''''.'... 200 NW lst AVENUE · DELRAY BEACH, FLORIDA 3344.~ CITY ATTORNEY'S OFFICE ~^,,~,,~,o?,~?~.,?,, ' Wrh¢£'~ Dir~[ L~c: (561) ~3-7~ DEL~A~ SEACH AIl~AiTlerica .~, DATE: June 26, 1997 19_~3 TO: City Commission FROM: David N. Tolces, Assistant City AttomlY~ SUBJECT: Acquisition of Nanmyer Property - Approual of Assignment Agreement fDr Purchase Contract with Communit'E...Rede~,elopment Agency Approval of the accompm~ying resolution will authorize the City to enter imo the assignment agreement with the CRA to purchase the prol:~rry described in the contract from Nanmyer Properties, Inc. The assignment agreement and purchase contract have been reviewed and approved by the City Attorney's Office. If you have any questions or concerns, please do not hesitate to call. DNT:smk Attachment cc: David T. Harden, City Attorney Sharon Morgan, City Clerk's Office nanmyer,dn£ )/:'~,~te,7 on F~ecycled Paper City Of Delray Beach. Department of Environmental Services MEMORANDUM TO: David T. Harden, City Manager FROM: Howard Wight, Dep Dir ESD Constru~// DATE: June 26, 1997 ~/~ "" SUBJECT: Nanmeyer Lot Purchase ~ N E 3rd Ave/NE 14th St ' ' Per your direction we have reviewed this lot for use as a possible stormwater retention area. Staff feels that it would be suitable for receiving stormwater runoff from the area of NE 3rd Ave from N E 14 th St to NE 16th St (see attached map). This area has already been identified as a proposed project due to periodic flooding. It is included in the proposed ClP plan for FY 97~98. The proposed design would include swale grading to inlets and hardpiping to the retention area. cc: Dick Hasko,P.E. Acting Director of Environmental Services Matt Rier, Civil Engineer File: Memos to Git¥ Manager Community 9 Redevelopment nrrlC, F Agency Delray Beach June 18, 1997 Mr. David T. Harden City Manager City of Delray Beach 100 NW 1st Avenue Delray Beach, FL 33444 RE: Nanmyer Property Delray Beach, FL Dear Dave: Enclosed please find copies of the following: 1. Contract for Sale and Purchase executed by Nanmyer Properties, Inc. and the CRA. 2. Second Addendum to Contract for Sale and Purchase executed by Nanmyer Properties, Inc. and the CRA. 3. Assignment Agreement between the CRA and the City of Delray Beach executed by the CRA. The original documents have been forwarded to the City Attorney's office. Also enclosed is a copy of a paid invoice in the amount of $200 to Jenkins Appraisal Services, Inc. which we would appreciate the City reimbursing the CRA. There was no environmental Phase I study conducted. The seller provided the survey, however, it may need to be updated and certified to the City. The CRA will cover the expenses of our attorney, Bob Federspiel. By copy of this letter I am asking the City Clerk to place this item on the next regular City Commission agenda. 24 N. Swinton Avenue, Delray Beach, FL 33444 (561) 276-8640 / Fax (561) 276-8558 Mr. David T. Harden Page 2 June 18, 1997 If you h/,Yv~y questions, please contact me. // Christopher J. Brown Executive Director Enclosures c: City Attorney w/enclosures (originals) City Clerk w/enclosures INVOICE ' '~ i ........ '::"~ .............. : ': .................. ' .... : ' ' '"¥'":?' ................................................. ' ...................................................................................................................... ~ ..................... ~ .................................................................... ~": ?:::: ¥::~:'~ %~:~::::~:?.:~::~:...~:~}~::;~::?::::~??~:.~:..::::..::~:~::::~Z?:~;?.:::::::::::::::::::::::::::::::: ~:::::::: ~:.~ ::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: ::?:~:: ~::::~ :: }}:::::: ~ :: :: ~ :: :: ~ : : ~ . ~l Prope~ Address ~ ~ 3rd A~ue Unit  C~ ~lra~ Be~ Subdivision PI~a P~k ~ Counw Pa~ Bea~ State Flori~ Zip Legal Description S~ 43' of ~ 115 ~ ~e Nor~ 67' of ~ 116 Pl,~aa P~k ~e~b~ A ~k 23 Paqe 68 ~ddition~l Ch~r~ 1 ...... ~}] Thank~~~~~tE~ AGEN~ T~ ~ ~ ~ * aO0. O0 ..... ~:: n;LRAY BEACH. FL ~.~x ~.~_.- .._. , .... ~ · , ............ ['7t ~ / Please detach and include the bottom portion with your payment... Thank you ! ~l/ .~B Boca Raton News, Monday June 30, 1997 Legal Notloe~ #O?ICE iS I~EI~EBY ~IVE#, ~ ~ ~~WMN.E. ~ AW W N.E. 3~ ~, ~ ~ ~ ~ ~ I~ ~U~ PARK, ~.AR~M~C~ Cl~ ~ ~L~Y S~, FL~I- C~ C~ ~: J~&~,~ ~R~ Boca Raton News, Tuesday June 24, 1997 ~F~ 100 ANNOUNCEMENI~ I-~al Notice~ NOTICE IS ~REBY GIVEN, ~ ~ C~ M ~ ~, F~, ~ ~ g. M ~ 11&, ~U~ PARK, t d~ ~K Rind P~m ~ ~ ' ~ M ~ C~ M ~ray ~, ~ W ~ ~ ~ C~ ~m~ &:M p.m. m T~, July 1,1~. CI~ ~ ~L~Y B~CH, FLORI- C~ C~ M~ NOTICE OF INTENT TO ACQUIRE REAL PROPERTY NOTICE IS HEREBY GIVEN, that the City of Delray Beach, Florida, has determined it to be in the best interest of the City to purchase certain real property located at the intersection of N.E. 3rd Avenue and N.E. 14th Street, Delray Beach, Florida, for municipal purposes, more particularly described as follows: South 43 feet of Lot 115 and the North 67 feet of Lot 116, PLUMOSA PARK, Section A, according to the Plat thereof as recorded in Plat Book 23, Page 68 of the Public Records of Palm Beach County, Florida. Subject to easements, restrictions, limitations, and other matters of record for the purchase price of $25,000.00, and other good and valuable consideration. A Resolution of the City Commission of the City of Delray Beach, Florida authorizing the purchase of property and on the terms and conditions set forth above, will be considered for adoption by the City Commission at a regular meeting to be held at 6:00 p.m. on Tuesday, July 1, 1997. CITY OF DELRAY BEACH, FLORIDA Alison MacGregor Harty City Clerk PUBLISH: The News June 24, 1997 June 30, 1997 acquire.dm