Res 08-95 RESOLUTION NO. 8-95
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, wishes to
acquire certain vacant property located on S.W. 6th Avenue to provide
for housing pursuant to the City's Affordable Housing Program; and
WHEREAS, the Seller hereinafter named desires to sell the
property hereinafter described to the City of Delray Beach, Florida;
and
WHEREAS, it is in the best interest of the City of Delray
Beach, Florida, to purchase said property for the purpose described
above.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
~_~ That the City Commission of the City of Delray
Beach, Florida, as Buyer, hereby agrees to purchase from Palm Beach
County, a political subdivision of the State of Florida, as Seller,
land to provide for affordable housing opportunities for low income
individuals, for the purchase price of Thirteen Thousand Five Hundred
and 00/100 Dollars ($13,500.00), and other good and valuable
consideration; said parcel being more particularly described as
follows:
N 100 feet of E 135 feet of Block 14, Town of Delray,
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 1, Page
3.
~ That the costs of closing and transactions,
title insurance, document preparation and attorney's fees shall be
borne by the City of Delray Beach, Florida.
~_~ 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.
PASSED AND ADOPTED in regular session on this the 7th day of
February, 1995.
ATTEST:
~City Cl~rk -
- 2 - Res. No. 8-95
CONTRACT FOR S/~LE /%.ND PURCHASE
THIS AGREEMENT iS made this __ day of , 19 ,
by and between the Seller and the Buyer as follows:
SELLER: Palm Beach County, a political subdivision of the State
of Florida.
ADDRESS: Property and Real Estate Management
3323 Belvedere Road, Building 503
West Palm Beach, Florida 33406
~U~ER: ~it¥ of Delra¥ Beach
NAME
(as you want it to appear on deed)
100 ~.W. 1st. Avenue
ADDRESS
Delra¥ Beach. Florida 33444
(F.E.I.D. or SOCIAL SECURITY NO.)
1. AGREEMENT TO SELL: Seller hereby agrees to sell and
Buyer agrees to purchase in accordance with this agreement all
that certain real property, together with all improvements,
easements and appurtenances, hereinafter referred to as the
"Property", which is more particularly described as follows:
N 100 FEET OF E 13S FEET OF BLOCK 14 TOWN OF DELI~Y
~S IN PB 1~ PA~E 3 SEC. 16/17~ TWP. 46~ RGB 43
2. FURCHASE PRICE: The purchase price of the Property shall
be Thirteen Thousand Five Hundred Dollars ~$13.500.00~ and
shall be paid in the form of a City check to the Palm Beach
County Board of County Commissioners.
Seller is prohibited from extending credit, therefore,
the Buyer is responsible for arranging any necessary
financing. The Buyer acknowledges that this agreement is not
contingent on financing.
3. CLOSING: This contract shall be closed and the deed
delivered within 60 days of the Effective date of this
Agreement.
The following are additional details of closing:
A: ~: The closing will be held at the
office of the Property & Real Estate Management Division at a
time to be mutually agreed upon by the Seller and the Buyer,
but in no event later than sixty (60) days after the Effective
Date of this Agreement.
B: Conveyance: At closing, the Seller will deliver to
the Buyer a fully executed County Deed conveyingthe Property
and any improvements in its "AS IS CONDITION", without
warranties or representations of any kind whatsoever. Seller
shall be responsible for preparation of the deed which will be
in accordance with Florida Statute 125.411.
C: Expenses: The Buyer $hall pay all costs of closing,
and any other costs associated with this sale.
1
4. ~AL ESTATE TAXES. EASEMENTS. RESTRICTIONS AND
~L~: The Seller agrees to pay all outstanding real
estate taxes if any, prorated up to the day of closing. The
Buyer agrees to take title to the Property subject to zoning
and other governmental restrictions, plat restrictions and
qualifications, public utility easements, restrictive
covenants and all other easements, restrictions, conditions,
limitations and other matters of record.
5. A: CONDITION OF THE PROPERTY: The Buyer acknowledges
that he has inspected the Property, and agrees to accept the
Property in its "AS IS CONDITION". The Seller has not made
and is not making any warranties or representations whatsoever
as to Sellers title to the property, the physical condition of
the Property, any improvements located thereon, or the
suitability of the Property for any intended use.
B: Without in any way limiting the generality of the
preceding paragraph, Buyer specifically acknowledges and
agrees that upon closing this transaction it waives, releases
and discharges any claim it has, might have had or may have
against the Seller with respect to the condition of the
Property, either patent or latent. Buyer agrees to execute at
closing an acknowledgement attesting to said waiver and
release.
C: Radon Gas: Radon is a 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 county public health unit.
6. RISK OF LOSS: Buyer assumes all risk of loss with
respect to the property from and after the date of execution
of this Contract by the Buyer.
7. DEFAULT: If the Buyer fails to perform any covenants of
this agreement, the earnest money deposit shall be retained by
the Seller. If Seller fails to perform any covenants of this
contract, the deposit shall Be returned to Buyer. In that
event, all parties shall be released of their rights and
obligations under this contract. The foregoing shall
constitute the sole and exclusive remedies of the parties
hereto.
8. SUCCESSORS: Upon execution of this contract by the
Buyer, this contract shall be binding upon and inure to the
benefit of the Buyer, his heirs, successors or assigns. Upon
approval of this agreement by the Palm Beach County Board of
County Commissioners, its successors and assigns will be
similarly bound. All pronouns and variations thereof shallbe
construed so as to refer to the masculine, feminine, neuter,
singular or plural thereof, as the identity of the person or
persons or as the situation may require.
9. ~: In no event shall this Agreement or any
Memorandum hereof be recorded in the offlcial or public
records where the Property is located, and any such
recorda~ion or attempted recordation shall constitute a
default under this Agreement bythe party responsible for such
recordation or attempted recordation.
10. ~: This Agreement may not be assigned by the
Buyer, without Seller's written consent.
11. TIME OF THE ESSENCE= Time is of the essence in the
performance of this agreement.
12. ~= This Agreement contains the entire
understanding and agreement of the parties with respect to the
subject matter hereof. No amendment will be effective except
in writing signed by all parties.
13. SURVIVAL: The covenants of this agreement will survive
delivery and recording of the deed and possession of the
property.
14. ~ROKERS & COMMISSIONS= Buyer shall be solely responsible
to pay any real estate commissions or finders fees contracted
for by Buyer or otherwise resulting from this transaction.
Buyer shall indemnify and hold the Seller harmless from any
and all such claims, whether disclosed or undisclosed.
15. NOTICES: All notices, requests, demands and other
communication hereunder shall be in writing, sent by U.S.
certified mail, return receipt requested, postage prepaid to
the addresses indicated onthe first page of this Agreement or
to such other addresses as shall be furnished in writing by
either party to the other. All such notices shall be
effective upon receipt, or the date which the postal
authorities designate the notice as undeliverable as evidenced
by the return receipt.
16. CHOICE OF LAWAND CONSTRUCTION: This Agreement shall be
governed by, construed and enforced in accordance with the
laws of the State of Florida. This Agreement shall not be
construed more strongly against any party regardless of who
was responsible for its preparation or drafting.
If any provision of this Agreement as applied to either party
or to any circumstance shall .be adjudged by a court of
competent Jurisdiction to be void or unenforceable for any
reason, the same shall in no way affect, to the maximum extent
permissible by law, any other provision of this Agreement, the
application of any such provision under circumstances
different from those adjudicated by the court, or the validity
or enforceability of this Agreement as a whole.
17. FURTHE~ ASSURANCES: Seller and Buyer each agrees to
execute and deliver to the other party such further documents
or instruments as may be reasonable and necessary to permit
performance in accordance with the terms, conditions and
covenants hereof.
18. EFFECTIVE DATE OF AGREEMENT: The obligations of Buyer
under this Agreement are contingent upon the approval hereof
by the Board of County Commissioners of Palm Beach County
Florida. Effective Date of this Agreement shall beths date of
execution by the Board of County Commissioners.
(INTENTIONALLY LEFT BLANK)
19. HEADINGS= The paragraph headings or captions appearing
in this Agreement are for convenience only and are not to be
considered in interpreting this Agreement.
Signed, sealed and delivered
in the presence of:
Buyer= City of Delray Beach, a
Witness (Signature) Political Subdivision of the
State of Florida
(Print Name)
By
Mayor:
Witness (Signature) Print/Type Name
(Print Name)
\
STATE OF FLORIDA
COUNTY OF PALM BEACH
The foregoing instrument was acknowledged before me this day
of , 1995 by ,
who is personally known to me or has produced
as identification and who did not take an oath.
(Type name of Acknowledger)
Attest: PALM BEACH COUNTY FLORIDA
BY ITS BOARD OF COUNTY
COMMISSIONERS
Deputy Clerk
\
By
Its Chair
Mary McCarty
("Seller")
Approved as to form and
Legal Sufficiency
By.
Assistant County Attorney
Ellie Nalperin
P&S. Real
mc. delray
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~
SUBJECT: AGENDA ITEM ~ ~'~' - MEETING OF FEBRUARY 7. 1995
RESOLUTION NO. 8-95 AUTHORIZING ACQUISITION OF PROPERTY
DATE: FEBRUARY 2, 1995
This is before the Commission to approve Resolution No. 8-95 which
authorizes the City to purchase from Palm Beach County a vacant
piece of land on S.W. 6th Avenue. The purchase price is
$13,500.00. Terms and conditions are as set forth in the Contract
for Sale and Purchase which is incorporated and accepted as part of
the resolution.
The property will be used to provide housing opportunities for low
income individuals in accordance with the City's Affordable Housing
Program. It is zoned RM (Medium Density Residential) and contains
13,500 sq.ft. (100 ft. frontage by 135 ft. depth). On its own, the
site could accommodate one duplex or a multiple family structure
containing three units, subject to site plan approval. The
potential also exists for the development of two single family home
sites with Commission approval. However, the City owns two lots
across the street and is looking into the acquisition of a fourth
lot. If it can be put together, consideration is being given to
development of a townhouse project on the aggregated parcel.
Recommend approval of Resolution No. 8-95.
ref: agmemo6
[lTV OF DELRRV BEII[H
CITY ATTORNEY'S OFFICE ~oo ~w .~ ^~. ~,~,,^¥ .~^~., ~o.~ ~.
FACSIMILE 407/278-4755 Writer's Direct Line: (407) 243-7090
DELRAY BEACH
Ali. America City MEMO RANDUM
',,,,:'"" a ua ,0,,99
1993
TO: Alison MacGregor-Harty, City Clerk A9~
FROM: David N. Tolces, Assistant City Atto
SUBJECT: City Acquisition of Property from Palm Beach County - Affordable
I-Iousing Program
Attached is a resolution and Notice of Intent to Acquire Real Property. Please have the
notice published once a week for two consecutive weeks in time for the February 7,
1995 Commission meeting.
Please call if you have any questions.
DNT:smk
Attachments
cc: Lula Butler, Director of Community Improvement
Dorothy Ellington, C.D. Program Coordinator
housing 1.dnt
Pr/nted on Recycled Paper
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 for the purchase price of Thirteen
Thousand Five Hundred and 00/100 Dollars ($13,500.00), and other
good and valuable consideration, for municipal purposes, more
particularly described as follows:
N 100 feet of E 135 feet of Block 14, TOWN OF DELRAY,
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 1 at Page 3,
Public Records of Palm Beach County, Florida (vacant
property located on S.W. 6th Avenue, Delray Beach,
Florida).
A Resolution of the City Commission of the City of Delray Beach,
Florida, authorizing the purchase of the above referenced property,
on the terms and conditions contained in the Contract for Sale and
Purchase, will be considered for adoption by the City Commission at
a regular meeting to be held at 6:00 p.m. on Tuesday. February 7.
1995, in the Commission Chambers at City Hall, 100 N.W. 1st Avenue,
Delray Beach, Florida. Pursuant to Section 36.04 of the Code of
Ordinances of the City of Delray Beach, Florida.
PUBLISH: Delray Beach News CITY OF DELRAY BEACH
January 25, 1995 Alison MacGregor Harty
February 1, 1995 City Clerk
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, for
municipal purpose particularly described as' follows:
\~// ~q 10 fe~t of E 135 feet of Block 14, Town of Delray,
' / a~cardi6g to the plat thereof in file in the Office of the Clerk
of the Circuit Court in and for Palm Beach County, Florida,
recorded in Plat Book 1, page 3.
CITY OF DELRAY BEACH, FLORIDA
Alison MacGregor Harry
City Clerk
PUBLISH: The News