Res 43-93 RESOLUTION NO. 44-93
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, WHICH PROPERTY IS LOCATED AT
222 N.W. 5TH AVENUE, DELRAY BEACH, FLORIDA, HEREBY
INCORPORATING AND ACCEPTING THE CONTRACT STATING THE
TERMS AND CONDITIONS FOR THE 'SALE AND PURCHASE
BETWEEN THE SELLERS AND THE CITY OF DELRAY BEACH,
FLORIDA.
WHEREAS, the City of Delray Beach, Florida, wishes to
acquire certain property located at 222 N.W. 5th Avenue for the
purpose of donating the property to Habitat for Humanity; and
WHEREAS, the Sellers hereinafter named desire 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:
Section 1. That the City Commission of the City of Delray
Beach, Florida, as Buyer, hereby agrees to purchase from Edgar I.
Ramirez and Julio Ramirez, as Sellers, land for public purposes for
the purchase price of Seven Thousand Five Hundred Dollars
($7,500.00), and other good and valuable considerations; said parcel
being more particularly described as follows:
The North 50' of the South 300' of Block 18 LESS West
143' and East 20' Road Right-of-Way, Town of Delray.
Street Address: 222 N.W. 5th Avenue
Delray Beach, Florida 33444
Section 2. 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.
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 Sellers as hereinabove named are
incorporated herein.
PASSED AND ADOPTED in regular session on this the 25th day
of May, 1993.
ATTEST:
~ Cit~,C~erk - !
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER
SUBJECT:. AGENDA ITEM ~ ~L - MEETING OF MAX 25. 1993
APPROVAL OF ASSIGNMENT AGREEMENT/RESOLUTION NO. 44-93
DATE: May 21, 1993
This item is before you to approve an Assignment Agreement with the
Community Redevelopment Agency for the purchase of a single family lot
located at 222 N.W. 5th Avenue. The CRA negotiated with the seller
for the sale of said property to the City and now wishes to be
released from further responsibility with regard to the acquistion.
This agreement releases the CRA and assigns the purchase contract to
the City.
Resolution No. 44-93, is a resolution authorizing the City to.purchase
from the seller certain real property located at 222 N.W. 5th Avenue,
incorporating and accepting the contract stating the terms and
conditions for the sale and purchase between the sellers and the City.
It is anticipated that this property will be conveyed to Habitat for
Humanity. The acquisition of the property has been duly noticed
pursuant to Section 36.04 of the City's Code.
Recommend approval of the Assignment Agreement with the Community
Redevelopment Agency; the purchase of property at 222 N.W. 5th Avenue,
in the amount of $7,500 with funding from Community Development Block
Grant - Neighborhood Housing Land Acquisition (Account No.
118-1974-554-61.10); and, approval of Resolution No. 44-93.
Agenda Item No.:
AGENDA REQUEST
Request to be placed on: Date: MAY 18, 1993
Regular Agenda
Special Agenda
Workshop Agenda
Consent Agenda When: MAY 25, 1993
Description of item (who, what, where, how much): ACCEPTANCE OF
PURCHASE-CONTRACT FROM THE COMMUNITY REDEVELOPMENT AGENCY FOR THE PURCHASE OF
222 NW 5TH AVENUE
(Example: Request from Atlantic High School for $2,000 to fund
project graduation).
ORDINANCE/ RESOLUTION REQUIRED: ~9~/NO Draft Attached: ~S/NO
Recommendation: STAFF RECOMMENDS APPROVAL WITH FUNDING FROM THE LAND
ACQUISITION LINE ITEM'- 118-1974-554-61.10
(Example: Recommend approval with funding from Special Events
Account No. 001-3333-555-44.55).
Budget Director Review (required on all items involving
expenditure of funds):
Funding available:~/NO
Funding alternative-sT.' ~;~n~-c~-d (if applicable)
Account No. & Descript~on:
City Manager Review:
Approved for agenda:
Hold Until:
Agenda Coordinator Review:
Received:
Placed on Agenda:
Action: Approved/Disapproved
TT¥ al: DELRI:IV 8ER£H
(407) 243-7090
MEMORANDUM
Date: May 11, 1993
To: City Commission
From: David N. Tolces, Assistant City Attorne~
Subject: Acceptance of Purchase Contract from CRA for the
Purchase of 222 N.W. 5th Avenue
Before you for your approval is the acceptance of an Assignment
Agreement from the Delray Beach Community Redevelopment Agency
for the purchase of a single lot located at 222 N.W. 5th
Avenue, Delray Beach, Florida 33444. The CRA has contracted
with Edgar I. Ramirez and Julio Ramirez for the purchase of
this lot for a total price of $7,500.00. It is anticipated
that the City will then donate this lot to Habitat for Humanity
in compliance with the agreement entered into with Habitat in
1992. The time for acceptance on the contract is March 17,
1993; however, I have spoken to Mr. Julio Ramirez and he has
assured me that they will still sell the property to the City
for $7,500.00.
It is recommended that the City Commission adopt the proposed
resolution and accept the Assignment Agreement from the CRA and
direct staff to proceed with the donation of the property to
Habitat for Humanity.
DNT: sh
Attachment
cc: Lula Butler, Director of Community Improvement
Dorothy Ellington, C.D. Program Coordinator
crapur, dnt
MEMORANDUM
TO: David Harden, City Manager
FROM: Dorothy Ellington, Community Development Coordinator'S'
THRU: Lula Butler, Community Improvement Director
DATE: May 18, 1993
SUBJECT: Acceptance of Purchase Contract (CRA) for Purchase~of
'222 N. W. 5th Avenue
ITEM BEFORE THE COMMISSION
This is to request approval to accept an Assignment Agreement
from the Community Redevelopment Agency for the purchase of a lot
located at 222 NW 5th Avenue to be conveyed to Habitat For
Humanity pursuant to the agreement entered into with the
organization in November, 1991.
BACKGROUND
On Novemeber 26, 1991, the City Commission approved an agreement
between the City and Habitat for Humanity which provides that the
City will make available 5 lots to the organization in order to
build homes for low income families. To date the City has
conveyed 3 lots: 418 SW 5th Avenue and 2 previously
undeveloped lots on SW 7th Avenue. With the approval of the
subject purchase, the City will be in a position to convey this
property making a total of 4 units available to Habitat for
Humanity.
The City Attorney's office is currently preparing
title documents for securing another lot (330 SE 3rd Avenue) from
Carteret Savings Bank to be used for Habitat purposes. The
completion of the Carteret transaction will fulfill the City's
obligation per the formal agreement.
In Addition to the purchase of property for this organization,
the City has facilitated the transfer of two lots from Charter
Savings & Loan to Habitat for Humunity where two new houses are
currently under construction. These lots are located at the
corner of SW 1st Street and SW 8th Avenue.
RECOMMENDATION
Commission approval is recommended for the purchase of 222 NW 5th
Avenue from the Community Redevelopment Agency for the purpose of
transfering the property to Habitat for Humanity in accordance
with the Ageement of November, 1991.
AB$IGNM~NT AGI~EEMENT
THIS ASSIGNMENT AGREEMENT is made and entered into this -~7
day of ~1, 1993, by and between THE DELRAY BEACH COMMUNITY
REDEVELOPMENT AGENCY, hereinafter referred to as "Assignor," and
THE CITY OF DELRAY BEACH, hereinafter referred to as "Assignee."
W I TNE S SETH :
WHEREAS, the Assignor is the contract purchaser under that
certain Contract for Sale and Purchase with EDGAR I. RAMIREZ and
JULIO RAMIREZ, a copy of which is attached hereto (hereinafter
referred to as the "Contract "); and
WHEREAS, the Assignor desires to assign all of its right,
title and interest in and to the said Contract to the Assignee; and
WHEREAS, the Assignee is desirous of acquiring the rights in
the subject Contract.
NOW, THEREFORE, in consideration of the sum of Ten and no/100
Dollars ($10.00) and other good and valuable consideration from one
party to the other, the receipt and adequacy of which is hereby
acknowledged, it is agreed as follows:
1. The Assignor hereby assigns all of its right, title and
interest in and to that certain Contract attached hereto to the
As s ignee.
2. The Assignee hereby accepts such assignment and agrees to
assume all liability and responsibility for the performance of the
terms and conditions contained in said Contract.
3. The Assignee agrees to indemnify and hold the Assignor
harmless for any and all liability or damages Assignor may incur
from the Assignee's failure to perform in accordance with the terms
and conditions of the subject Contract.
IN WITNESS WHEREOF, the parties hereto have executed this
Agrg~ment the day and year first above written.
THE DELRAY BEACH
~s~/., .~ REDEVELOP~ AGENCY COMMUNITY
/ /~ayor
to Fo~_Q_~d Legal Sufficiency:
RATON~DELRAY BEACH BEACH~I~ DEERFIELD BEACH
Published Dally
Monday through Sunday
Boca Baton, Palm Beach County, Florida
Delray Beach, Palm Beach County, Florida
STATE OF FLORIDA
COUNTY OF PALM BEACH
Before the undersigned authority personally
appeared Nancy Smith, Inside Sales Man-
ager of The News, daily newspapers pub-
lished in Boca Baton in Palm Beach County,
Florida; that the attached copy of advertise-
ment was published in said newspapers in
the issues of:
Affiant further says that The News is a
newspaper published in Boca Baton, in said
Palm Beach County, Florida, Monday
through Sunday, and has been entered as
second class matter at the post office in
Boca Baton, Palm Beach County, Florida,
for a period of one year next preceding the
first publication of the attached copy of
advertisement; and affiant further says that
he has neither paid nor promised any
person, firm or corporation any discount,
rebate, commission or refund for the pur-
pose of securing this advertisement for pub-
lication in said newspapers.
Sworn to and subscribed before me this
(Seal, Notary PubliciZe of Florida at large)
CHARLENE O'NEILL
O~
~~~ Bonded T~rH R~rvic~ :~
CONTRACT FOR SALE AND PURCHASE ' '""
PARTIES: MDGAR I. RA~MIREZ and JULZO RA.MIREZ, <"Seller"), ll081..!$.~;.~q0. Nilioa .......
Road, North Palm Beach, Florida 33408 (Phone~/~ ~-~ ~9/~ ), and :he DEL~Y
BEACH CO.UNITY ~DE~LOP~NT AGENCY, ( "Buyer" ) , of 207 East Atlantk~ Avenue,
Delray Beach, FL 33483 (Phone: 276-8640), hereby agree that :he Seller shall sell
and Buyer shall buy the following real property {"Real Proper~y") and personal
property ("Persqnalty') (collectively "Property") upon the follow~n9 terms and
conditions which INCLUDE the Standard~ for Real Estate Transactions attached
("Standard(s)") and any addendum to this instrument.
(a)Legal description of Real Proper~? iccated in Palm Beach County,
Florida:
The North 50'~of the South 300' of Block 18 LESS %.;es~ 143' and East
20' Road Right-of-Way, Town of Delta?
Property Control No. 12-43-46-16-0!-01E-?13C
(b) Street address, city, zip, cf the P~'rperty zs 222 N.W. 5th Avenue,
Delray Beach, Florida 33444.
(c) Personalty: ~
II. P~C~E PRICE: ................................... S. 7~500.00
~itial PAY~NT:
...... ~i~! Tr"ct account an uhc amora: cf S CCC.SC
'-' certified o~ cashier's check), :utjzzt :: ~,5OO,OO
III. T~ ~R AC~; EF~I~ DATE; FACSIMI~: If this offer is not
executed by and delivered to all parties OR FACT OF EXECUTION co~unicated in
~ .ting between the parties on or before ~ /~/g~ ,
~ deposit(s) will, at Buyer's option, be returned to Buyer and this offer
~hdrawn. A facsimile copy of this Contrac5 for Sale and Purchase ("Contract")
an[ any signatures hereon shall be considered for all purposes as originals. T~e
~a~e of Contract ("Effective Date") will be the date when the last one of the
Bu ,er and the Seller has signed this offer.
I~ TI~ ~IDEN~: At least 10 days before closing date, ~ll2r shall, at
~ expense, /'deliver to Buyer or Buyer's attorney, in accordance with
Standard A, (CHECK (1) 0R (2)): (1)~abstract of title or (2)~title insurance
co~itment and, after closing, owner's policy of title insurance.
V. ~SING DA~: This transaction shall be closed and the deed and other
closing papers delivered on March 15, 1993, zr ear~ter, unless extended by other
provisions of Contract.
vi. ~S~I~IONS; ~NTS; LIMITATIONS: Er/er snail take title subject to:
zoning, restrictions, prohibitions and ocher :'e~zuement~ ~mposed by governmental
authority; restrictions and matters appear~.~ ~:'. tF~e plot or otherwise common to
the subdivLsio~; pub~Lc utility easements cf reuecd ieasements a~e to be located
contiguous to Real Property lines and aot mcre %hah i0 feet kn width as to the
rear or front lines and 7} feet in width as to the side lines, unless otherwise
stated herein); taxes for year of closing and subsequent years; assumed mortgages
and purchase money mortgages, if any; other: None; provlded that there exists
at closing no violation of the foregoing and none of them prevents use of Real
Property for Residential purpose(s).
VII. ~~: Seller warrants there are no partfes in occupancy other than
Seller; but if Property is intended to be rented or occupfed beyond closing, the
fact and terms thereof shall be stated here~n, and the tenant(s) or occupants
disclosed pursuant to Standard F. Seller agrees to delivery occupancy of
Property at time of closing unless otherwise stated herein. If occupancy is to
be delivered before closing, Buyer assumes all risk of loss to Property from date
of occupancy, shall be responsible and liable for maintenance from that date, and
shall be deemed to have accepted Property in their existing condition as of time
of taking occupancy unless otherwise stated herein or in a separate writing.
VIII. ~P~I~EN OR ~I~EN PROVISIONS: Typewritten or handwrftten
provisions shall control all printed pro..'~s=ons of Contract Ln conflict with
them.
IX. RIDE~: (CHECK if any of the fcl~-..~::c Riders are applicable and are
attached to this Contract):
a)~Coastal Construction Cont['~[ L~.~.
b)~Condominium Rider
c)DForeign Investment in Real Property ?ax Act Rider
d)~Insulation Rider
e)~FHA/VA Rider
X. ASSIGNABILITY: (CHECK (1) 0R (2}): Buyer (1)~may assign or (2)Qmay not
assign Contract.
XI. SPECIAL CLAUSES: (CHECK (1) OR (2)): Addendum (1)Zis attached OR (2)Qis not
applicable.
XII. TIM~ IS OF TH~ ESSENCE OF T~IS CONTRACT.
XIII. DISCLOSURES= Buyer ~acknowledges or ~does not acknowledge receipt of
agency/radon/compensation and estimated closing costs disclosures.
BUYE~INITIALS .
DELRA/Y~EA~H COMRUND
AGENC~'~
Social Security Social Security
or Tax ID No. or Tax~.
Seller// Julio . Ramirez ~ D~te'
Social Security or Tax ID No.
D~t(s) under Paragraph II received. IF OTHER THAN CASH, THEN SUBJEC~Tw'~O
c~ARR~E: . (Escrow~A'qent}
'"---~B~KER'S FEE:~,?ECK & COMPLETE THE ONE APPLICABLE)
I Seller agree~o pay the Broker named below, incl~ng coopera:ing sub-
agents named, ~q~ording to the terms of an ex~ing, separate listing
OR agreement: ~
IF NO LISTING AGREEKENT~J~S CURRENTLY I,~-'EFFECT:
~Seller shall pay the Brok~,named b~row, at time of closing, from the
disbursements of the proceeds of ~ j~a'~e, compensation in the amount of
(COMPLETE ONLY ONE) % of gross pure,se price OR $ , for Broker's
services in effectin~-~-e sal~ by f~ing~a~ Buyer read~ willing and able ~o
purchase pursuant ~o the foregoi~ Contract.~ ~ Buyer fails to perform and
deposit(s) is reta~ned~ed~g the B or ker's fee above
provided, shall bm paid Br~k~r~~4~ion for Broker's services
including costs expended~f'Broker~nce sh~l be paid to Seller. If
the transac%ion shall,,~t close because of refusal oi~,failure of Seller to
perform, Seller sha~,'pay the full fee to Broker on deman~In any litigation
arising Out of t~e'Contract concerning the Broker~ fee, th~m~revailing party
shall re~a.onable attorney fees and costs.
Ff~m'n~ of listing Firm name of selling Seller
Bro
Authorized signatory Seller
ADDENDUM TOCONT~ACT FOR SALE AND PURCHASE
SELLER: EDGAR I. RAMIREZ and JULIO RAMIREZ
BUYER: DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY
PROPERTY ADDRESS: 222 N.W. 5th Avenue, Delray Beach, Florida
XI. BPECIA3~ CI2%USES (Continued):
A. RADON GAS: Radon gas is naturally occurring radioactive
~4h~ irked in a building in sufficient quantiti_~.9~~present
on gas.
B. FOREIGN INVESTMENT IN R~AL PROPERTY TAX ACT ("FIRPTA"): Except as
otherwi~ provided herein, Buyer, pursuant to Section 1445 of the Internal
Revenue C~e of 1986, as amended ("Section 1445") and the regulations
thereunder ~'Regulat£ons"), shall be required to withhold such ~ is
necessary to ~mply with the Regulations and shall timely remit to ~
Revenue Servic~ the a~ount so withheld along with properly complete(
forms. If, :, on or before closing, Seller provides Bu. (1) an
Affidavit of Status regarding Seller, (2) a Notice of ]nition
Treatment, or (3) ~thholding Certificate establishing that or a reduced,
amount of federal tax is required to be withheld Section 1445
(collectively Document" ) in proper form required Dy the
Regulations, and Buyer knowledge or notice that Withholding Document
~ :niahed by Seller is fal as determined in accord, with the Regulations,
~n Buyer shall not be to withhold any of the amount payable
tc Seller or shall be o withhold such 1E amount as is required by
t.~ : applicable Withholding :nt, as the ca~ may be, and shall submit the
a~ )unt so withheld to the Interne ~evenue along with properly completed
r~ ~ittance forms.
In addition, if Seller, closing, satisfies those Regulations
which concern the filing of an appli~ for a Withholding Document with the
Internal Revenue Service and gives such pursuant to the Regulations to
Buyer and said application is stil of the dane of closing, then Buyer
shall cooperate with Seller's~so'nable re( ~t to escrow any amount withheld
at closing pursuant to the ~R'egulations, at ~!er's expense, until a final
determination is made regar~fng said applicatkon ~wh£ch time said a~ount shall
be disbursed in acc~rdamc/e6 with said final
In the ev~t insufficient cash hs pa~d by~uyer at closlng to fund
the Buyer's withho~/~ng obligation, Seller st, all dei~ver~o Buyer at closing the
amount of additio~l cash necessary to satisfy the w£thhold~g obligation. In the
event Buyer de~rmines _after the closing thai~ --he W~thholdih~ Document provided
by Seller to~/Buyer relieving Buyer entirely of Buyer's du~ to withhold or
reducing t~ amount required to be withheld by Buyer was false, ~uyer shall have
the auth~z'ity to withhold from any additional amoco Selle~in accordance
with t~Regulations, all or such portion of said additional a~ount~e to Seller
as Buyer deems necessary to comply with Section !445 and to remit th~amount so
withheld and report such information as required under the Regulatio~ to the
Internal Revenue Service.
~ ~ This Contract is contingent on ~he City of Delray Beach waiving'and
releasing the demolition or any code enforrement liens against the subject
property.
~ ~. This contract is contingent upon B~yer obtaining, prior to closing,
an appraisal of the subject premises, the results of which are reasonably
ptable to Buyer in Buyer's sole discretLon.
BUYER INITIALS: SELLER INITIALS:
STANDARDS FOR RFLa. L ESTATE TRANSACTIONS
Real Property
F.$.~959), es e~l~nded.
mutually agree to its disbursement, or until a Judgment of a court of competent Jurisdiction s~alI determine t~e rights of the
executed Dy the party or parties intended to be bound by it.
OF DELItNY
(40'7) 243-'7090
· RECEIVED
Date: May 11, 1993 C~YCLERK
To: Alison MacGregor Harry, City Clerk
From: David N. Tolces, Assistant City Attorne~
Subject: Acceptance of Assignment from CRA
222 N.W. 5th Avenue
Please advertise, pursuant to City Code S36.04, for the
acquisition of the above-referenced property. I have attached
the required notice and resolution. This item should be placed
on the May 25, 1993 City Commission agenda.
If you have any questions, please call. Thank you for your
assistance.
DNT:sh
Attachment
cc: David Harden, City Manager
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 purposes,
more particularly described as follows:
The North 50' of the south 300' of Block 18
LESS West 143' and East 20' Road
Right-of-Way, Town of Delray
Subject to easements, restrictions, limitations, and other
matters of record for the purchase price of $7,500.00 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
May 25, 1993.
CITY OF DELRAY BEACH, FLORIDA
By:
Alison MacGregor Harry
City Clerk
PUBLISH: The News
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 purposes,
more particularly described as follows:
The North 50' of the south 300' of Block 18
LESS West 143' and East 20' Road
Right-of-Way, Town of Delray
Subject to easements, restrictions, limitations, and other
matters of record for the purchase price of $7,500.00 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
May 25, 1993.
CITY OF DELRAY BEACH, FLORIDA
By:
Alison MacGregor Harty
City Clerk
PUBLISH: The News
May 14 & 21, 199~
NOTICE IS ~EREBY GIVE#, ~h~ h~e ~ ~ ~, ~' ~ ~
' 11 LE~ ~ 1~ W E~ ~ K~
N~W~, T~M~Y W~ m ~ ~, li~ ,
A~
~ ~, will ' ' ~ ~i~ ~ ~ ~ it &:~ p. *
~ ~ ~' ~' CITY OF ~LR~Y BE*CH,
CITY OF ~R&Y B~CH, F~ORiD~
FL~IDk
Ci~ C~
C~C~
~ISH: ~ 14 & 21, ~ ~E NE~
~rayl~
!:lTV OF OELRR¥
(407) ~43-?090
RECEIVED
MEMORANDUM
Date: May 11, 1993 CITYCLERK
To: Alison MacGregor Harty, City Clerk
From: David N. Tolces, Assistant City Attorne~
Subject: Acceptance of Assignment from CRA
222 N.W. 5th Avenue
Please advertise, pursuant to City Code $36.04, for the
acquisition of the above-referenced property. I have attached
the required notice and resolution. This item should be placed
on the May 25, 1993 City Commission agenda.
If you have any questions, please call. Thank you for your
assistance.
DNT:sh
Attachment
cc: David Harden, City Manager