Res 11-04 RESOLUTION NO. 11-04
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, AUTHORIZING THE CITY
TO TRANSFER REAL PROPERTY IN THE CITY OF DFJ.R~Y
BEACH, WHICH PROPERTY IS LOCATED IN THE VICINITY
OF THE INTERSECTION OF ATLANTIC AVENUE AND A-I-
A, AS MORE PARTICULARLY DESCRIBED HEREIN, TO
BOSTON'S, INC. TO BE UTILIZED FOR PARKING
PURPOSES.
WHEREAS, the City of Delray Beach, Florida desires to transfer the North 5.0 feet of the
South 56.0 feet of Lot 17 and the North 5.0 feet of the South 56.0 feet of the East 1/2 of Lot 18, all in
Block 1, Ocean Park, Delray Beach, Florida, for the purpose of providing property for parking; and
WHEREAS, the City Commission has determined that it is in the best interest of the City to
transfer the property described above; and
WHEREAS, the City shall only transfer the property to Boston's, Inc. based upon the terms
and conditions of the Agreement between the City and Boston's, Inc.; and
WHEREAS, the City Commission has determined that the transfer of the property described
above will promote the general welfare of the residents of Delray Beach.
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 hereby agrees to
transfer the North 5.0 feet of the South 56.0 feet of LOt 17 and the North 5.0 feet of the South 56.0
feet of the East 1/2 of LOt 18, all in Block 1, Ocean Park, Delray Beach, Palm Beach County, Florida,
according to the map or plat thereof as recorded in Plat Book 5, Page 15, Public Records of Palm
Beach County, Florida based upon the terms and conditions, which are hereby incorporated herein, of
the Agreement between the City and Boston's, Inc.
PASSED AND ADOPTED in rega~lar session on this the \'~day of Februa*y, 2004.
ATI'I~ST:
City Clerk ' k~
[ITY JIF I]ELRrI',' BErlCH
CITY ATTORNEY'S OFFICE ~00 .w., ^w.... ~.^~ .~^~., ~o~,~^ ...
TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755
Wdter's Direct Line: 561/243-7091
DATE: January 30, 2004
TO: City Commission
David T. Harden, City Manager
FROM: Brian Shutt, Assistant City Attorney
SUBJECT: Transfer of Property to Boston's Inc.
On June 10, 1986 the City Commission adopted Resolution 31-86 that provided
for the transfer of a two parcels (10' x 34' and 4' x 45') to the City from Boston's
and the transfer of one parcel (5' x 45') to Boston's from the City. All of the parcels
are located in the area just southeast of Salina Avenue and Atlantic Avenue. (see
attached map) The two parcels were transferred to the City, however, the City did
not transfer its property to Boston's. Boston's has been using the property as part
of its parking lot.
Please place this item on the agenda for the February 17, 2004 City Commission
meeting. If you should have any questions, please do not hesitate to contact me.
Attachments
cc: Barbara Gadto, City Clerk
I ATLANTIC AVENUE
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i ' ac(lutred By City
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; ~ bo ~cqttired by C~ty ~e .acq~xrea.Dy SALINA
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RESOLUTION NO. 11-04
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AUTHORIZING THE CITY TO
TRANSFER REAL PROPERTY IN THE CITY OF DELRAY
BEACH, WHICH PROPERTY IS LOCATED IN THE VICINITY OF
THE INTERSECTION OF ATLANTIC AVENUE AND A-l-A, AS
MORE PARTICULARLY DESCRIBED HEREIN, TO BOSTON'S,
INC. TO BE UTILIZED FOR PARKING PURPOSES.
WHEREAS, the City of Delray Beach, Florida desires to transfer the North 5.0 feet of the
South 56.0 feet of Lot 17 and the North 5.0 feet of the South 56.0 feet of the East ~ of Lot 18, all
in Block 1, Ocean Park, Delray Beach, Florida, for the purpose of providing property for parking;
and
WHEREAS, the City Commission has determined that it is in the best interest of the City to
transfer the property described above; and
WHEREAS, the City shall only transfer the property to Boston's, Inc. based upon the terms
and conditions of the Agreement between the City and Boston's, Inc.; and
WHEREAS, the City Commission has determined that the transfer of the property
described above will promote the general welfare of the residents of Delray Beach.
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 Delrey Beach, Florida hereby agrees
to transfer the North 5.0 feet of the South 56.0 feet of Lot 17 and the North 5.0 feet of the South
56.0 feet of the East ¼ of Lot 18, all in Block 1, Ocean Park, Delray Beach, Palm Beach County,
Florida, according to the map or plat thereof as recorded in Plat Book 5, Page 15, Public Records
of Palm Beach County, Florida based upon the terms and conditions, which are hereby
incorporated herein, of the Agreement between the City and Boston's, Inc.
PASSED AND ADOPTED in regular session on this the __ day of February, 2004.
MAYOR
ATTEST:
City Clerk
AGREEMENT
THIS AGREEMENT entered into this day of ,200, by
and between the CITY OF DELRAY BEACH, a Florida municipal corporation,
(hereinai~er referred to as City) and BOSTON'S, INC., (hereinafter referred to as
Boston's), to provide as follows:
WHEREAS, the parties agreed to swap parcels of land in the vicinity of the
intersection of Atlantic Avenue and A-I-A as provided by Resolution 31-86 adopted by
the City on June 10, 1986; and
WHEREAS, Boston's deeded to the City those parcels of land as provided by
Resolution 31-86; and
WHEREAS, the City has not transferred its parcel to Boston's; and
WHEREAS, the City wishes to transfer its parcel to Boston's in accordance with
Resolution 31-86.
NOW, TItEREFORE, in consideration of the mutual covenants and
undertakings set forth herein, the parties hereby agree as follows:
1. The above-stated recitals are incorporated herein as if fully set forth
herein.
2. The City agrees to transfer to Boston's that parcel of land owned by the
City as described in Exhibit "A", attached hereto and incorporated herein, and as
provided for by Resolution 31-86, attached hereto as Exhibit "B". The City shall issue a
warranty deed in favor of Boston's for the parcel provided that Boston's pays all
expenses for the transaction that may be necessary, including, but not limited to, title
insurance in the amount of $10,000.00, attorney's fees, survey and documentary stamp
fees. ffBoston's fails to perform all of the items required for closing the City shall not
be required to transfer the parcel of land by warranty deed.
3. Boston's shall hold harmless, defend and indemnify the City, its officers,
agents and employees from any and all claims, suits or causes of action that may flow or
arise from this property transfer.
4. Any claims, lawsuits or disputes that may arise under this Agreement shall
be governed by the Laws of Florida, with venue in Palm Beach County, Florida.
5. This Agreement constitutes the entire agreement and understanding of the
parties, as it pertains to the prope~ transfer. There are no representations or
understandings of any kind not set forth herein. Any amendments to this Agreement
must be in writing and executed by both parties.
IN WITNESS wm~REOF, the parties hereto have entered into this Agreement
as of the day and year first above written.
ATTEST: CITY OF DELRAY BEACH, FLORIDA
By:
City Clerk JeffPerlman, Mayor
Approved as to Form:
City Attorney
WITNESSES: BOSTON'S, INC.
By:.
(Name Printed or Typed) '
(Name Printed or Typed)
STATE OF
COUNTY OF
The foregoing inslrurnent was acknowledged before me this day of
, 200_, by , as
(name of officer or agent, title of officer or agent), of
(name of corporation acknowledging), a
(state or place of incorporation) corporation, on behalf of the
corporation. He/She is personally known to me or has produced
(type of identification) as identification.
Signature of Notary Public
3
EXHIBIT "A'
The North 5.0 feet of the South 56.0 feet of Lot 17 and the North 5.0 feet
of the South 56.0 feet of the East V2 of Lot 18, all in Block 1, Ocean Park,
Delray Beach, Palm Beach County, Florida, according to the map or plat
thereof as recorded in Plat Book 5, Page 15, Public Records of Palm
Beach County, Florida.
RESOLUTION NO. 31-86
A REEOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY
BEACH, FLORIDA, AUTHORIZING PURSUANT TO THE CHARTER
OF THE CITY OF DELRAY BEACH, FLORIDA, .AND SECTION
OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH,
FLORIDA, THE EXCHANGE OF REAL PROPERTY OWNED BY THE
CITY OF DELRAY BEACH LOCATED IN LOTS 17 AND 18,
BLOCK 1, OCEAN PARR, DELRAY BEACH, PALM BEACH COUNTY,
FLORIDA.
WHEREAS, the City of Delray Beach, Florida la the owne~ of certain preperty
lo~atsd in Lots 17 and 1.8, Block 1, Ocean Park, Dalray Beach, Palm Beech County,
Florida, being more particularly described as follows:
Tho North 5.0 fi. of the South 56.0 ft. of Lot 17 and the North 5.0
ft. of tho South .56.0 fi. of the East Half (E~) of Lot 15, all in
Block 1, Ocean Park, Del~ay Beach, Palm Beach County, Florida,
according to the plat thereof cecorded in Plat Book 5 at page 15 of
tho Public Raco~da of Palm Beach County, Florida.
Containing 225 equace feet.
WHEREAS, Salins Realty la the owner of two parcels of property located in
Block 1, Ocean Fa~k, Dalray Beech, Palm Beach County, .Florida, being more particu-
inely described as follows:
Pa~*cel 1
The South 34.0 ft. of the North 41.0 ft. of the West 10.0 ft. of Lot
19, Block 1, Ocean Park, Dalray Beach, Palm Beach County,
Florida. according to the plat thereof recorded in Plat Bcok 5 at
ps~e 15 of the Public Records of Palm Beach County, Florida.
Coutalntng 540 square feet.
Pal.'al 2
The South 4.0 feat of the North 45 feet of Lot 15, excluding that
portion lying West of the arc formed by s 4.0 ft. radius with its
center at a point 4.0 feat East of the West boundary of Lot 19 and
4.0 feet North Of the South boundary of Lot 193 and the South 4.0
feet of the North 450 feat of the West half (W½) of Lot 15, all in
Block 1, Ocean Park, Dalray Beach. palm Beach County. Florida,
accordinE to the plat thsz~of recorded in Plat Book 5 at pale 15 of
the Public Racorde of Palm Beach County, Florida.
Containing 178.5 square feet.
WHEREAS. the City Council of the City of Delray Beach has prev~ov.~lv
discussed and la of the opinion that it would be tn the beat interest of the City to
exchange the above-referenced real plmperty owned by the city for the
above-rafarenced real property owned by Salins Realty, upon the terms and conditions
sst forth In this Resolution. Such property to be exchanged on an equal basis with
neither party paying any additional consideration with Salins Realty bearing all costs
and expeneas for such exchange of both pieces of property, including, but not limited
to, owners title ineuFanee, documentary stamps on the deeds of conveyance, and
recording fees for the deeds of conveyance.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF TBS CITY
OF DELRA¥ BEACH, FLORIDA, AS FOLLOWS:
Section I. That the City Council of the City of Deirey Beach, Floride does
hereby authorize the Mayor to execute a standard form general warranty deed of the
above-deeortbed roal property located in the City of Delray Beach in accordance with
the terms of this ex~hange, as set forth herein.
PASSED AND ADOPTED in regular session on this the ].0t:h day of
Jun. , lg8~6. ~ ~[~u~'~ - ~~''~L?dm-~,,.~
MAYOR
ATT]EST:
RES. NO. 3Z-86
100
ANNOUNCEMENTS