Res 68-97 RESOLUTION NO. 68-97
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AUTHORIZING THE CITY TO
PURCHASE FROM SELLER CERTAIN REAL PROPERTY IN PALM
BEACH COUNTY, FLORIDA, AS DESCRIBED HEREIN, HEREBY
INCORPORATING AND ACCEPTING THE CONTRACT STATING
THE TERMS AND CONDITIONS FOR THE SALE AND PURCHASE
BETWEEN THE SELLER AND THE CITY OF DELRAY BEACH,
FLORIDA.
WHEREAS, the City of Delray Beach, Florida, as part of the
development of the Leon Weekes Environmental Preserve, wishes to
acquire certain vacant property located at the intersection of Curlew
Road and Albatross Road to provide for amenities associated with the
preserve and surrounding neighborhood; and
WHEREAS, the Seller hereinafter named desires to sell the
property hereinafter described to the City of Delray Beach; and
WHEREAS, it is in the best interest of the City of Delray
Beach to purchase said property for the purpose described above.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the City Commission of the City of Delray
Beach, Florida, as Buyer, hereby agrees to purchase from William E.
Ward and Claire L. Ward, a married couple, as Seller, land to provide
for amenities associated with the development of the Leon Weekes
Environmental Preserve, for the purchase price of Fifty-Five Thousand
and 00/100 Dollars ($55,000.00), and other good and valuable
consideration; said parcel being more particularly described as
follows:
Lots 262 & 263, TROPIC PALMS PLAT 1, according to
the Plat thereof on file in the Office of the Clerk
of the Circuit Court in and for Palm Beach County,
Florida, recorded in Plat Book 25, Page 99.
Section 2. That excluding documentary stamp tax cost, the
costs of closing, title insurance, document preparation and
attorney's fees shall be borne by the City of Delray Beach, Florida.
Section 3. That the terms and conditions contained in the
contract for sale and purchase and addenda thereto between the City
of Delray Beach, Florida, and the Seller as hereinabove named are
incorporated herein as Exhibit "A".
PASSED ~ ~OPTED in regular session on this the 9th day
of Septe~er, 1997.
ATTEST:
City ~erk - -
- 2 - Res. No. 68-97
CONTRACT FOR SALE AND PURCHASE
WILLIAM E. WARD and CLAIRE L. WARD, ("Seller"), of Delray Beach,
Florida, and CITY OF DELRAY BEACH. a Florida municipal corporation, ("Buyer"), hereby
agree that the Seller shall sell and the Buyer shall buy the following real property ("Real
Property") upon the following terms and conditions which include the standards for real estate
transactions included in this instrument:
I. DESCRIPTION:
Lots 262 & 263, Tropic Palms Plat 1, as recorded in Plat Book 25, Page 99 of the Public
Records of Palm Beach County, Florida.
II. PURCHASE PRICE ............................................ $55,000.00
III. TIME FOR ACCEPTANCE; EFFECTIVE DATE: If this offer is not executed by
and delivered to all parties OR FACT OF EXECUTION communicated in writing
between the parties on or before September 30. 1997, the deposit(s) will. at Buyer's
option, be returned to Buyer and the offer withdrawn. The date of this Contract
("Effective Date") will be the date when the last one of the Buyer and the Seller has
signed this offer.
IV. TITLE EVIDENCE: At least 7 days before closing date, Buyer shall obtain a title
insurance commitment.
V. CLOSING DATE: This transaction shall be closed and the warranty deed and other
closing papers delivered on or before November 21, 1997. unless extended by other
provisions of Contract.
VI. RESTRICTIONS; EASEMENTS; LIMITATIONS: Buyer shall take title subject to:
zoning, restrictions, prohibitions and other requirements imposed by governmental
authority; restrictions and matters appearing on the plat or otherwise common to the
subdivision; public utility easements of record (easements are to be located contiguous to
Real Property lines and not more than 10 feet in width as to the rear or front lines and 7 V2
feet in width as to the side lines, unless otherwise specified herein); taxes for year of
closing and subsequent years; assumed mortgages and purchase money mortgages, if any;
provided, that there exists at closing no violation of the foregoing and none of them
prevents the use of Real Property for residential purpose.
VII. OCCUPANCY: Seller warrants that there are no parties in occupancy other than Seller,
but if Property is intended to be rented or occupied beyond closing, the fact and terms
thereof shall be stated herein, and the tenant(s) or occupants disclosed pursuant to
Standard D. Seller agrees to deliver occupancy of Property at time of closing unless
otherwise stated herein. If occupancy is to be delivered before closing, Buyer assumes all
Exhibit "A" to Res. No. 68-97 Page 1 of 6
risk of loss to Property from date of occupancy, shall be responsible and liable for
maintenance from that date. and shall be deemed to have accepted Property in their
existing condition as of time of taking occupancy unless otherwise stated herein or in a
separate writing.
VIII. TYPEWRITTEN OR HANDWRITTEN PROVISIONS: Typewritten or handwritten
provisions shall control all printed provisions of Contract in conflict with them.
IX. ASSIGNABILITY: Buyer may assign Contract.
X. RELEASE OF LIEN: City shall release any liens on the property, xvhich have been
imposed by the City at no cost to Seller.
XI. SPECIAL CLAUSES:
A. RADON GAS: Radon gas is naturally occurring radioactive gas that. when it has
accumulated in a building in sufficient quantities, may present health risks to persons who are
exposed to it over time. Levels of radon that exceed federal and state guidelines have been found
in buildings in Florida. Additional information regarding radon and radon testing may be
obtained from your count}' public health unit. Paragraph L of the Standards for Real Estate
Transactions attached to this contract is hereby deemed to include an inspection for radon gas.
B. FOREIGN INVESTMENT IN REAL PROPERTY TAX ACT ("FIRPTA"):
Except as otherwise provided herein, Buyer. pursuant to Section 1445 of the Internal Revenue
Code of 1986, as amended ("Section 1445") and the regulations promulgated thereunder
("Regulations"), shall be required to withhold such amount as is necessary, to comply with the
Regulations and shall timely 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 Affidavit of Non-Foreign Status regarding Seller, (2) a Notice of Non-
Recognition Treatment, or (3) a Withholding Certificate establishing that no, or a reduced,
amount of federal income tax is required to be withheld under Section 1445 (collectively
"Withholding Document") in proper form as required by the Regulations, and Buyer has no
knowledge or notice that the Withholding Document furnished by Seller is false, as determined
in accordance with the Regulations, then Buyer shall not be required to withhold any portion of
the amount payable to Seller or shall be allowed to withhold such lesser amount as is required by
the applicable Withholding Document, as the case may be, and shall submit the amount so
withheld to the Internal Revenue Service along with properly completed remittance forms.
In addition, if Seller, prior to closing, satisfies those Regulations which concern the filing
of an application for a Withholding Document with the Internal Revenue Service and 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
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Exhibit "A" to Res. No. 68-97 Page 2 of 6
amount withheld 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 the closing that the
Withholding Document provided by Seller to Buyer relieving Buyer entirely of Buyer's du~ 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
information as required under the Regulations to the Internal Revenue Service.
C. This contract is contingent upon the CITY OF DELRAY BEACH'S City
Commission approving this Contract within twenty-one (21) days following its execution by the
Seller.
D. The parties warrant and agree that there is no broker involved in this transaction.
E. The soil, surface water, drainage requirements and runoff availability, geological
conditions, and environmental state of the property being purchased must be acceptable to Buyer
in Buyers' discretion. This shall be determined by test boring and other soil. geological and
engineering studies which may be conducted by Buyer at Buyer's expense within the time
permitted for delivery of evidence of title herein. Notice of the result of such testing shall be
furnished to Seller. During the term of this Contract, the Buyer, or Buyer's employees, agents.
representatives, or assigns, shall have full and complete right to enter upon the property for the
purpose of making any and all inspections, tests and studies of the property. In the event said
conditions disclosed by such inspections are unacceptable to Buyer, the Buyer shall have the
right to cancel this Agreement and receive a refund of all deposit monies paid hereunder.
STANDARDS FOR REAL ESTATE TRANSACTIONS
A. v~: A title insurance commitment issued by a Florida licensed title insurer agreeing
to issue to Buyer. upon recording of warranty deed to Buyer. an owner's policy of title insurance in the amount of the purchase
price, insuring Buyer's title to real property., subject only to liens, encumbrances, exceptions or qualification set forth in this
agreement and those which shall be discharged by Seller at or before closing. Seller shall convey a marketable title subject only
to liens, encumbrances, exceptions or qualifications set fbrth in this agreement and those which shall be discharged by Seller at
or before closing. Marketable title shall be determined according to applicable title standards adopted by authority of The
Florida Bar and in accordance with law. If title is found defective. Buyer shall notify Seller in writing specifying defectlsl. If
the defect{s) render title unmarketable. Seller will have one hundred twenty. (120) days from receipt of notice within which to
remove the defect(s), failing which Buyer shall have the option of either accepting the title as it then is or demanding a refund of
deposit(s) paid which shall immediately be returned to Buyer: thereupon Buyer and Seller shall release one another of all further
obligations under the agreement. Seller will. if title is found unmarketable, use diligent effort to correct defect(s) in title within
the time provided therefor, including the bringing of necessary suits.
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Exhibit "A" to Res. No. 68-97 Page 3 of 6
B. Survey: Bu}er, at Buyer's expense, within time allowed to deliver evidence of title and to examine same,
may have real prope~' surveyed and certified by a registered Florida surveyor. If survey shows encroachment on real propen?'
or that improvements located on real property encroach on setback lines, easements, lands of others, or violate any restrictions,
agreement covenants or applicable governmental regulation, the same shall constitute a title defect.
C. ll~g,L~t~ll~gL~: Seller warrants and represents that there is ingress and egress to the real
property sufficient for the intended use as described herein, title to which is in accordance with Standard A.
D. Leases: Seller shall, not less than fifteen (15) days before closing, furnish to Buyer copies of all
written leases and estoppel letters I¥om each tenant specil-}'ing the nature and duration of the tenant's occupancy, rental rates.
advanced rent and security deposits paid by tenant. If Seller is unable to obtain such letter from each tenant, the same
information shall be furnished by Seller to Buyer within that time period in the lbrm of a Seller's affidavit, and Buyer may
thereafter contact tenants to confirm such ini'brmation. Seller shall, at closing, deliver and assign all original leases to Buyer.
E. Liens: Seller shall furnish to Buyer at time of closing an affidavit attesting to the absence, unless
otherwise provided for herein, of an.,,' financing statements, claims of lien or potential lienors known to Seller and further
attesting that there have been no improvements or repairs to property for ninet3., (90) days immediately preceding date of closing.
If properr}' has been improved, or repaired within that time. Seller shall deliver releases or waivers of mechanics' liens executed
by all general contractors, subcontractors, suppliers, and materialmen in addition to Seller's lien affidavit setting forth the names
of all such general contractors, subcontractors, suppliers and materialmen and further affirming that all charges for improvements
or repairs which could serve as a basis for a mechanic's line or a claim Ibr damages have been paid or will be paid at closing.
F. Place of Closing: Closing shall be held in the count5.' where real property is located, at the office
of the attorney or other closing agent designated by Buyer.
G. Time: Time is of the essence of this agreement. Time periods herein of less than six (6) days shall
in the computation exclude Saturdays. Sundays and state or national legal holidays, and any time period provided tbr herein
which shall end on Saturday. Sunday or legal holiday shall extend to 5:00 p.m. of the next business day.
H. Documents for Closing: Buyer shall furnish warranty deed. bill of sale. mechanic's lien affidavit.
assignments or' leases, tenant and mortgagee estoppel letters, and corrective instruments. Buyer shall furnish closing statement.
mortgage, mortgage note. security agreement, and financial statements.
I. Ex_n,nses: Documental' stamps on the warranty deed and recording corrective instruments shall
be paid by Seller. Recording warranty deed shall be paid by Buyer.
J. Prorations: credits: Taxes. assessments, rent. interest, insurance and other expenses and revenue
of property, shall be prorated through day before closing. Buyer shall have the option to taking over any existing policies of
insurance, if assumable, in which event premiums shall be prorated. Cash at closing shall be increased or decreased as may be
required by prorations. Prorations will be made through day prior to occupancy if occupancy occurs before closing. Advance
rent and securiD' deposits will be credited to Buyer and escrow deposits held by mortgagee will be credited to Seller. Taxes shall
be prorated based on the current year's tax with due allowance made for maximum allowable discount, homestead and other
exemptions. If closing occurs at a date when the current year's milage is not fixed, and current year's assessments is available.
taxes will be prorated based upon such assessment and the prior year's milage. If current years assessment is not available, then
taxes will be prorated on the prior year's tax. If there are completed improvements on real property by January. Ist of year of
closing which improvements were not in existence on January. Ist of the prior year then taxes shall be prorated based upon the
prior year's milage and at an equitable assessment to be agreed upon between the parties, failing which, request will be made to
the County. Propert2,' Appraiser/'or an informal assessment taking into consideration available exemptions. Any tax proration
based on an estimate may. at request of either Buyer or Seller. be subsequently readjusted upon receipt of tax bill on condition
that a statement to that effect is in the closing statement.
K. Special Assessment Liens: Certified. confirmed and ratified special assessment liens as of date of
closing (and not as of Effective Date) are to be paid by Seller. Pending liens as of date of closing shall be assumed by Buyer. If
the improvement has been substantially completed as of Effective Date. such pending lien shall be considered as certified.
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Exhibit "A" to Res. No. 68-97 Page 4 of 6
confirmed or ratified and Seller shall, at closing, be charged an amount equal to the last estimate of assessment for the
improvement by the public body.
L. Inst)ection. Renair and Maintenance: Seller warrants that. as of ten (I0) days prior to closing.
the ceiling, roof(including the fascia and soffits) and exterior and interior walls do not have any VISIBLE EVIDENCE of leaks
or water damage and that the septic tank. pool. all major appliances, heating, cooling, electrical, plumbing systems and
machinery, are in WORKING CONDITION. Buyer may. at Buyer's expense, have inspections made of those items by an
appropriatel.x' Florida license person dealing in the construction, repair or maintenance of those items and shall report in writing
to Seller such items that do not meet the above standards as to defects together with the cost of correcting them. prior to Buyer's
occupancy or not less than ten (10) days prior to closing, whichever occurs first. Unless Buyer reports such detects within that
time Buyer shall be deemed to have waived Seller's warranties as to detects not reported. If repairs or replacement are required.
Seller shall pa)' up to three percent (3%) of the purchase price for such repairs or replacements by an appropriately Florida
licensed person selected by Seller. If the cost for such repairs or replacement exceeds three percent (3%) of the purchase price.
Bu.x'er or Seller may elect to pa.x' such excess, failing which either part)., may cancel this agreement. If Seller is unable to correct
the detects prior to closing, the cost thereof shall be paid into escrow at closing. Seller will. upon reasonable notice, provide
utilities service for inspections. Between the effective date and the closing. Seller shall maintain propert).' including but not
limited to the lawn and shrubbeD', in the condition herein warranted, ordinary, wear and tear excepted. Buyer shall be permitted
access for inspection of propers.' prior to closing in order to confirm compliance with this standard.
M. Risk of Loss: If the propert).' is damaged by fire or other casualty before closing and cost of
restoration does not exceed the purchase price of the properly so damaged, cost of restoration shall be an obligation of the Seller
and closing shall proceed pursuant to the term so the agreement with restoration costs escrowed at closing. If the cost of the
restoration exceeds three percent (3%) of the assessed valuation of the improvements so damaged. Buyer shall have the option of
either taking properD.' as is. together with either the three percent {3%) or any insurance proceeds payable by virtue of such loss
or damage, or of cancelling the agreement and receiving return of deposit{s).
N. Escrow: Any escrow agent ("Agent") receiving funds or equivalent is authorized and agrees by
acceptance of them to deposit them promptly, hold same in escrow and. sunject to clearance, disburse them in accordance with
terms and conditions of agreement. Failure of clearance of funds shall not excuse Buyer's performance. If in doubt as to Agent's
duties or liabilities under the provisions of agreement, Agent may. at Agent's option, continue to hold the subject matter of the
escrow until the parties mutually agree to its disbursement, or until a judgment of a court of competent jurisdiction shall
determine the rights of the parties or Agent may deposit with the clerk of the circuit court having jurisdiction of the dispute.
Upon notifying all parties concerned of such action, all liabilit?' on the part of Agent shall fully terminate, except to the extent of
accounting for an.',' items previously delivered out of escrow. If a licensed real estate broker. Agent will compl.x' with provisions
of Chapter 475. F.S. (1987). as amended. Any suit between Buyer and Seller where Agent is made a party because of acting as
Agent hereunder, or in any suit wherein Agent Jnterpleads the subject matter of the escrox~. Agent shall recover reasonable
attorney's fees and costs incurred with the fees and costs to be charged and assessed as court costs in favor of the prevailing
party,. Parties agree that Agent shall not be liable to any party or person for misdeliveD, to Buyer or Seller of items subject to
this escrow, unless such misdelivery is due to willful breach of contract or gross negligence of Agent.
O. Failure of Performance: If Buyer fails to perform this Contract within the time specified Buyer
and Seller shall be relieved of all obligations under Contract. If. for any reason other than failure of Seller to make Seller's title
marketable after diligent effort, Seller fails, neglects or refuses to perform this Contract. the Buyer may seek specific
performance or elect to receive the return of Buyer's deposit(s) without thereby waiving any action for damages resulting from
Seller's breach.
P. Agreement Not Reeordable: Persons Bound: Notice: Neither this agreement nor any notice of it
shall be recorded in any public records. This agreement shall bind and enure to the benefit of the parties and their successors in
interest. Whenever the context permits, singular shall include plural and one gender shall include all. Notice given by or to the
attorney for any party shall be as effective as if given by or to that party..
Q. Conveyance: Seller shall convey the property, b.v way of Warrant)., Deed subject to an easement
for any utilities that may exist and lie on the property.
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Exhibit "A" to Res. No. 68-97 Page 5 of 6
R. Other Agreements: No prior or present agreements or representations shall be binding upon
Buyer or Seller unless included in this Contract. No modification or change in this Contract shall be valid or binding upon the
parties unless in writing and executed by the part>' or parties intended to be bound by it.
S. Warranties: Seller warrants that there are no facts known to Seller materially affecting the value
of the real property which are not readily obserx, able by Buyer or which have not been disclosed to Buyer.
BUYER: SELLER:
City of Delray Beach, Florida William E. Ward
Jay Alperin, Mayor ..- ~
ATTEST:
City Clerk
Approved as to Form:
City Attorney
State of Florida
County of Palm Beach
The foregoing instrument was acknowledzed before me this ..~ ~ day of ~,-Lt. '~ '~ .-~ -~-
1997 by WILLIAM E. WARD, who is personally known to me or who has produced
- (2- #~ r'C Z,-- ~.'x/,~.' ~i -
(type of id. entification) and who did (did not) take
Signature of Notary Public- _/
State of Florida
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Exhibit "A" to Res. No. 68-97 Page 6 of 6
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MEMORANDUM
TO: David N. Tolces, Assistant City Attorney
FROM: Alison MacGregor Harry, City Clerk~
SUBJECT: Resolution No. 68-97 (Ward Property)
DATE: September 11, 1997
Attached for your file is an executed copy of Resolution No.
68-97 authorizing the City's purchase of the two lots adjacent to
the Leon Weekes Environmental Preserve (Ward property). The
resolution was approved by the City Commission on September 9,
1997.
If you have any questions, please call me at ext. 7050.
AMH/m
Attachment
cc: Joe Weldon, Director of Parks and Recreation
CITY OF DELRAY BEACH
Writer's Direct Line: (561) 243-7090
DELRAY BEACH
AlI.Amedca City MEMORANDUM
1993
TO: City Commission
FROM: David N. Tolces, Assistant City Attorne'~
SUBJECT: Acquisition of Property from Claire and William Ward - Leon Weekes
Environmental Reserve - Approval of Contract for Sale and Purchase
The following resolution and contract, if approved, will authorize the City to purchase
two lots owned by Mr. and Mrs. Ward for a total of $55,000.00. The lots are adjacent
to the Leon Weekes Environmental Reserve and will enable the City to construct
amenities to be used in association with the park.
Under the terms of the contract, the closing will occur prior to November 21, 1997.
Mr. and Mrs. Ward will pay the documentary stamp tax on the deed. All other closing
costs will be the City's responsibility.
If you have any questions, please call.
DNT:smk
Attachments
cc: David T. Harden, City Manager
Joseph Weldon, Director of Parks and Recreation
Sharon Morgan, City Clerk's Office
ward-S.dnt
SUMMARY OF SALIENT FACTS ]
DATE OF APPRAISAL: May 19, 1997
LOCATION: North of Curlew Road at the intersection of
Albatross Road
SUBJECT DESCRIPTION:
Size: 18,165 +/- square feet
Improvements: None
Present Use: Vacant residential land
Highest and Best Use: Single Family Residential Use
Access: Extension of Curlew Road
OWNER OF RECORD: William E. Ward
921 Allamanda Drive
Delray Beach, FL 33483-4913
ZONING: R-1AA, City of Delray Beach
MARKET VALUE ESTIMATE: $40,800 (If Developable with one residence)
$55,900 (If Developable with two residences)
APPRAISERS: Diane Jenkins, MSA
State-Certified General
Real Estate Appraiser #0001188
John A. Jenkins
State-Registered
Real Estate Appraiser #0001462
Jenkins Appraisal Services, Inc.
Boca Raton News, Monday September 8, 1997
Boca Ratoo News, Monday September 1, 1997
CITY OF DELRI:I¥ IllEIII:H
Writer's Direct Line: (561) 243-7090
DELRAY BEACH
Ail. America City MEMORANDUM
1993
TO: Alison MacGregor Harty, City Clerk
FROM: David N. Tolces, Assistant City Attorne~
SUBJECT: City Acquisition of Ward Property - Leon Weekes Environmental Reserve
Please advertise the attached notice for the acquisition of property from Claire and
William Ward. The resolution and contract will be presented to the City Commission at
their September 9, 1997 ~eeting.
If you have any questions, please call.
DNT:smk RECEIVED
Attachment ff/a~ / q'7
CITY CLERK
ward-4.dnt ' '
NOTICE OF INTENT TO ACQUIRE REAL PP, OPERTY
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, for municipal
purposes, more particularly described as follows:
Lots 262 & 263 Tropic Palms, Plat 1, on file in the Office of the
Clerk of the Circuit Court in and for Palm Beach County,
Florida, recorded in Plat Book 25, Page 99.
Subject to easements, restrictions, limitations, and other matters of record for the
purchase price of $55,000.00 and other good and valuable consideration. A Resolution of the
City Commission of the City of Delray Beach, Florida, authorizing the purchase of the
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 September 9, 1997.
CITY OF DELRAY BEACH, FLORIDA
Alison MacGregor Harty
City Clerk
PUBLISH: The News
September 1, 1997
September 8, 1997
ward.not