R04-1514
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RESOLUTION NO. R04-I~'l
A RESOLUTION OF THE CITY OF BOYNTON BEACH,
FLORIDA, AUTHORIZING THE ACQUISITION OF
PROPERTY FOR THE WILSON CENTER PROJECT FROM
LAWTON MAPP AND AUTHORIZES THE CITY
MANAGER TO EXECUTE ALL NECESSARY
DOCUMENTS; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Commission, upon recommendation of staff, has deemed it to be
· in the best interests of the citizens and residents of the City to accept the Urban Group's
negotiated contract to acquire property located at 1407 NW 1st Street, Boynton Beach, owned
by Lawton Mapp, for the amount of $50,000.00, and the relocation entitlement of $52,755.00,
as part of the implementation of the Wilson Center Project.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as
being true and correct and are hereby made a specific part of this Resolution upon adoption
hereof.
Section. 2. The City Commission of the City of Boynton Beach, Florida does hereby
authorize the acquisition of property from Lawton Mapp, in the amount of $50,000.00, and the
relocation entitlement in the amount of $52,755.00, for the implementation of the Wilson
~Center Project and authorizes the City Manager to execute all necessary documents.
Section 2. This Resolution shall become effective immediately upon passage.
;:..CA\RESO\Real Estate'.Purchase from La'o-ton Mapp - Wilson Center Project doc
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PASSED AND ADOPTED this 7 day of September, 2004.
CITY OF BOYNTON BEACH, FLORIDA
City Clerk * ' '
;:'.CA:.RESO',Real Estate',Purchase from Lawton Mapp - Wilson Center Project doc
NEGOT~'ATI'ON SUMMARY &
RECOMMENDATI'ON FOR SEI-I'LEMENT
Seller:
Site Address:
Legal Description:
Parcel Identification Number:
Lawton Mapp
1407 NWIst Street
Boynton Beach, Florida 33435
Parcel # 6-5
The north 50.00 feet of lots 519 and 520 of Cherry Hills
according to the plat thereof as recorded in plat book 4,
page 58 of the public records of Palm Beach County,
Florida.
08-43-45-21-14-000-5192
Property Assessment Value:
Appraised Fair Market Value:
Date of Value:
$32,976.00
$50,0OO.O0
May 7, 2004
Seller's Position:
The Urban Group has negotiated a contract to purchase the subject parcel at the appraised
fair market value of $50,000.00. Mr. Mapp agreed to sell his home at the appraised value
in addition to his relocation entitlement of $52,755.00.
Buyer's Position:
The City hired an independent State Certified General Real Estate Appraiser, D. Craig
Keneipp to determine the fair market value of the subject property. Based on a date of
value of May 7, 2004, the fair market value of this property is $50,000.00.
This contract is contingent on the City Board approving the contract amount and a closing
within the month of October 2004.
The language found in the City Standard Contract allows the Buyer to complete due
diligence including an environmental assessment. In the event of any adverse findings, the
Buyer has the right to withdraw from the contract without penalty. This clause gives the
buyer the right to cancel the contract by delivering written notice to the seller no later than
5:00 p.m. on the second business day after the investigation period has lapsed.
Comments/Recommendations:
The contract purchase price is the appraised fair market value. Tn the event the City does
not purchase this property, it is likely this property will be sold to a private investor. The
Urban Group recommends accepting this offer.
The Urban Group, Inc. · 1424 South Andrews Avenue · Suite 200 · Fort Lauderdale, Florida 33316
TELEPHONE 954-522-6226 · FAX 954-522-6422
Negotiation Summary & Recommendation for Settlement
Lawton Mapp - 1407 NW :[st Street, Boynton Beach, Florida
August :[2, 2004
Page 2
~se pe~ed:
Maggie Pinares
Realty Specialist
Date
~, Inc, Review
Barry Lazarus
Project Manager
Date
City of Boynton Beach:
Wally Majors
Recreation and Parks Director
Date
City of Boynton Beach Board Approval:
Date
Chair, City of Boynton Beach
Attachments:
Appraisal
Review Appraisal
(2) Original Contracts
Copies of Notices provided at Initiation of Negotiations
CC: Howard Steinholz, Barry Lazarus, File
August 3, 2004
BOYNTON e .EAC H
OFFER OF 3UST COMPENSATZON
Mr. Lawton Mapp
1407 NWi Street
Boynton Beach, FL 33435-3053
Dear Mr. Mapp:
The purpose of this letter is to make you an offer of just compensation for your property located
at 1407 NW 1 Street, Boynton Beach, Florida 33435. Mr. D. Craig Keneipp, Certified General
Appraiser, on behalf of the City of Boynton Beach, has established the amount of just
compensation for your property at $50,000.
This amount is based on the fair market value established by an appraisal and approved by a
review appraiser.
The City of Boynton Beach proposes to purchase your property for the established fair market
value stated above. Attached you will find a Summary Statement of Basis for the Determination
of .lust Compensation.
If you have any questions about this matter, please do not hesitate to call me at (954) 522-
6226, ext. 114 or our toll free number (888) 522-6226, ext. 114. I look forward to hearing
from you soon.
Sincerely,
THE URBAN GROUP~ INC.
Agents for City of Boynton Beach
Maggie Pinares
Realty Specialist
Accompanying Attachments · Establishment of Just Compensation
· Summary Statement of Offer of Just Compensation
· Real Estate City Disclosure
BB-WRC
08/04
ESTABLZSHMENT OF 3UST COMPENSAT1'ON
PROPEt~ TY L OCA TED A T
1407 NWI Street
Boynton Beach, Florida
An appraisal prepared and submitted by D. Crai_q Keneipp, indicates the fair market value for
the property identified above to be $$0,000. A review of this appraisal has been made by
Mendel R. Westberry, MAT, the review appraiser, who has approved the fair market value
established by the appraisal.
Based on a review of the appraisal documents, and the review appraiser's approval of the
appraisal documents and the estimate of fair market value estal~lished by the appraisal,
Mendel R. Westberry, MAI, on behalf of the City of Boynton Beach, hereby established the just
compensation for the property identified above to be $50,000.
The City believes this amount to be the fair market value for the identified interest, and for the
improvements (if any) identified. This just compensation amount does not include any
consideration of decrease or increase in value attributable to the project for which it is being
acquired. Relocation payments, if applicable, are not a part of this establishment of just
compensation.
Delivered By Date
Receipt Ackn(~wledged By ~
Date
BB~WRC
8/o4
YNTON B
Mr. Lawton Mapp
1407 NW ! Street
Boynton Beach, FL 33435
SUMMARY STATEMENT OF OFFER OF 3UST COMPENSATTON
PRO3ECT NAME: Wilson Recreation Center
PARCEL NO.: 6.5
Dear Mr. Mapp:
As you are probably aware, the City of Boynton Beach is in the process of acquiring private property for the above referenced project.
A determination has been made that either a part or all of your property will be needed. A search of the Public Records of Palm Beach
County has been made and it was determined that property, as described in the legal description attached in "Exhibit A' is owned by
you.
The interest being acquired in your property is a Fee Simple
Tn addition, the folloWing list will identify the buildings, structures, fixtures, and other which are considered to be part of the real
property acquired, if any: Single Family Residence
The City does not normally acquire personal property such as furniture and furnishings, clothing, and other similar items of personal
effects or small unattached appliances in conjunction with redevelopment projects. However, if circumstances are such that this
becomes necessary, the following list will identify those items of personal property being acquired. N/A
You are further advised that the City's offer of just compensation for the property required for the Wilson Recreation Center project is
based on the Fair Market Value of the property and that the City's offer to you is not less than the approved appraised value of the
property.
The following represents a summary of the City of Boynton Beach's offer to you and the basis therefore:
Land IA Tmprovements $ 50,000
Real Estate Damages $ N/A
Total $ 50,000
This statement of offer is not a contract if you agree to accept this offer, you will be required to sign a contract to sell. Any additional
information you may require can be obtained through the City's Representative that contacted you. ]f the representative is not readily
available, please contact: The Urban Group Inc., 1424 South Andrews Avenue, Suite 200, Fort Lauderdale, Florida 33316 (888) 522-
.6226, ext. 114 or 110.
Delivered By , ~ ~-
Receipt Acknowle~dged By ' ~ ~
Sincerely,
THE URBAN GROUP, ]:NC.
Agents for City of Boynton Beach
Maggie Pinares
Date
Date
BB-WRC
81o4
NO BROKERAGE RELATTONSHZP DTSCLOSURE
FLORIDA LAW RE(~UIRES'.~THAT REAL ESTATE LICENSEES PROVIDE THIS
NOTICE TO POTENTIAL SELLERS AND BUYERS OF REAL ESTATE,
You should not assume that any real estate broker or salesperson represents you unless
you agree to engage a real estate licensee in an authorized brokerage relationship, either
as a single agent or as a transaction broker. You are advised not to disclose any
information you want to be held in confidence until you decide on representation.
NO BROKERAGE RELATIONSHIP NOTICE
FLORIDA LAW REQUIRES THAT REAL ESTATE LICENSEES WHO HAVE NO
BROKERAGE RELATIONSHIP WITH A POTENTIAL SELLER OR BUYER DISCLOSE
THEIR DUTIES TO SELLERS AND BUYERS.
As a real estate licensee who has no brokerage relationship with you, THE URBAN
GROUP, INC. and its associates owe to you the following duties:
1. Dealing honestly and fairly;
2. Disclosing all known facts that materially affect the value of residential real property
which are not readily observable to the buyer.
3. Accounting for all funds entrusted to the licensee.
Date
Signature
~he Urban Group, Inc. · 1424 South Andrews Avenue · Suite 200 · Fort Lauderdale, Florida 33316
TELEPHONE 954-522-6226 · FAX 954-522-6422 · www.theurban(~rouD.com
BOYNTON B ACH
NOT]:C£ TO OWNER
August 3, 2004
Mr. Lawton Mapp
1407 NW :~ Street
Boynton Beach, FL 33435-3053
RE: 1407 NW 1st Street, Boynton Beach, Florida 33435
Dear Property Owner and Other !nterested Parties:
The purpose of this letter is to inform you that the City of Boynton Beach, herein known
as the Agency, is interested in acquiring your property located at 1407 NWIst Street, Boynton
Beach, FIorid~ 33435 . The Agency has identified the area in which your property is located as
a "project" area in which the following improvements may be carried out:
Wilson Recreation Center
Because Federal financial assistance is involved, you are protected by the Uniform
Relocation Assistance and Real Property Acquisition Policies Act of 1970 (URA), as amended.
For your information and review, ! have enclosed a copy of a brochure entitled, "When a Public
Agency Acquires Your Property." The Agency wishes to disclose to you the following:
The acquisition would be considered an involuntary acquisition due to the fact
that the Agency has the power of eminent domain and can acquire your property
by condemnation.
]:n most cases, an appraisal and review appraisal are required to established
what is just compensation (fair market value) of a property.
You, or someone you designate to represent you, will be offered the opportunity
to accompany the appraiser during the inspections of your property.
]:f your property is tenant-occupied, each tenant should be encouraged to not move.
Each lawful tenant determined to be eligible as a displaced person will be assisted if the
property is acquired. A representative of our Agency will contact each tenant to determine their
eligibility for assistance under the URA.
The Agency wishes to caution you that any tenant who moves into the property
identified herein for possible acquisition after the initiation of negotiations, may not be entitled
to displaced person assistance from the Agency. !n the event you wish to provide housing to a
I~OTZCE TO OWNER
August 3~ 2004
Page 2 of 2
tenant after this date, and you personally wish to pay for such assistance, please contact the
Agency before you allow the tenant to occupy or lease the unit since URA assistance for a
displaced person can be quite expensive. If you wish to lease a vacant unit to a new tenant,
but not be responsible for displacement assistance, be certain to have the attached Move-in
Notice executed by the tenant pri~ to the tenant leasing and occupying your unit.
NOTE: If the Agency determines that a person occupies a property, or is allowed to
occupy a property, for the purpose of obtaining relocation assistance, the tenant will not
be entitled to assistance as a displaced person.
If you wish to discuss the Agency's interest in acquiring your property, the contents of
the brochure or this letter, or the acquisition process that is required, please contact Maggie
Pinares, Realty Specialist, at (954) 522-6226, ext. 114 or our toll free number (888) 522-6226,
ext. 114.
Any correspondence or documents you wish to submit to the Agency should be mailed to:
The Urban Group, Inc.
1424 South Andrews Avenue, Suite 200
Fort Lauderdale, Florida 33316
Attention: Maqgie Pinares
This letter, and all future correspondence you receive from the Agency, are important
and should be kept in a place of safekeeping.
Sincerely,
THE URBAN GROUPf INC.
Agents for the City of Boynton Beach
Maggie Pinares
Realty Specialist
Enclosure
C]TY OF BOYNTON BEACH
NEGOTZATZON SUMMARY &
RECOMMENDATI'ON FOR SETTLEMENT
Seller:
Site Address:
Legal Description:
Parcel Tdentification Number:
Lawton IVlapp
1407 NW 1st Street
Boynton Beach, Florida 33435
Parcel # 6-5
The north 50.00 feet of lots 519 and 520 of Cherry Hills
according to the plat thereof as recorded in plat book 4,
page 58 of the public records of Palm Beach County,
Florida.
08-43-45-21 - 14-000-5192
Property Assessment Value:
Appraised Fair Market Value:
Date of Value:
$32,976.OO
$50,000.00
Hay 7,2004
Seller's Position:
The Urban Group has negotiated a contract to purchase the subject parcel at the appraised
fair market value of $50,000.00. Mr. Mapp agreed to sell his home at the appraised value
in addition to his relocation entitlement of $52,755.00.
Buyer's Position:
The City hired an independent State Certified General Real Estate Appraiser, D. Craig
Keneipp to determine the fair market value of the subject property. Based on a date of
value of May 7, 2004, the fair market value of this property is $50,000.00.
This contract is contingent on the City Board approving the contract amount and a closing
within the month of October 2004.
The language found in the City Standard Contract allows the Buyer to complete due
diligence including an environmental assessment. Tn the event of any adverse findings, the
Buyer has the right to withdraw from the contract without penalty. This clause gives the
buyer the right to cancel the contract by delivering written notice to the seller no later than
5:00 p.m. on the second business day after the investigation period has lapsed.
Comments/Recommendations:
The contract purchase price is the appraised fair market value. Tn the event the City does
not purchase this property, it is likely this property will be sold to a private investor. The
Urban Group recommends accepting this offer.
The Urban Group, Inc. · 1424 South Andrews Avenue · Suite 200 * Fort Lauderdale, Florida 33316
TELEPHONE 954-522-6226 · FAX 954-522-6422
Negotiation Summary & Recommendation for Settlement
Lawton Mapp - 1407 NW 1st Street, Boynton Beach, Florida
August 12, 2004
Page 2
Respectf, ul~y Submitted:
Maggie Pinares
Realty Specialist
Date
~, Inc, Review
Barry Lazarus
Project Manager
Date
City of Boynton Beach:
Wally Majors
Recreation and Parks Director
Date
City of Boynton Beach Board Approval:
Date
Chair, City of Boynton Beach
Attachments:
Appraisal
Review Appraisal
(2) Original Contracts
Copies of Notices provided at Initiation of Negotiations
CC: Howard Steinholz, Barry Lazarus, File
August 3, 2004
OFFER OF 3UST COMPENSATZON
Mr. Lawton Mapp
1407 NW 1 Street
Boynton Beach, FL 33435-3053
Dear Mr. Mapp:
The purpose of this letter is to make you an offer of just compensation for your property located
at 1407 NW 1 Street, Boynton Beach, Florida 33435. Mr. D. Craig Keneipp, Certified General
Appraiser; on behalf of the City of Boynton Beach, has established the amount of just
compensation for your property at $50,000.
This amount is based on the fair market value established by an appraisal and approved by a
review appraiser.
The City of Boynton Beach proposes to purchase your property for the established fair market
value stated above. Attached you will find a Summary Statement of Basis for the Determination
of Just Compensation.
If you have any questions about this matter, please do not hesitate to call me at (954) 522-
6226, ext. 114 or our toll free number (888) 522-6226, ext. 114. I look forward to hearing
from you soon.
Sincerely,
THE URBAN GROUP, INC.
Agents for City of Boynton Beach
Haggle Pinares
Realty Specialist
Accompanying Attachments · Establishment of Just Compensation
· Summary Statement of Offer of Just Compensation
· Real Estate City Disdosure
BB-WRC
08/04
ESTABLISHMENT OF 3UST COMPENSATION
PROPER TY L OCA TED A T
An appraisal prepared and submitted by D. Craig Keneipp, indicates the fair market value for
the property identified above to be $50,000. A review of this appraisal has been made by
Mendel R. Westberry, MAI, the review appraiser, who has approved the fair market value
established by the appraisal.
Based on a review of the appraisal documents, and the review appraiser's approval of the
appraisal documents and the estimate of fair market value established by the appraisal, ]:,
Mendel R. Westberry, MAI, on behalf of the City of Boynton Beach, hereby established the just
compensation for the property identified above to be $50,000.
The City believes this amount to be the fair market value for the identified interest, and for the
improvements (if any) identified. This just compensation amount does not include any
consideration of decrease or increase in value attributable to the project for which it is being
acquired. Relocation payments, if applicable, are not a part of this establishment of just
compensation.
Delivered By Date
Receipt AcknOwledged By- ~
Date
BB-WRC
8/o4
Mr. Lawton Mapp
1407 NW 1 Street
Boynton Beach, FL 33435
SUMMARY STATEMENT OF OFFER OF 3UST COMPENSAT]:ON
PRO3ECT NAME: Wilson Recreation Center
PARCEL NO.: 6.5
Dear Mr. Mapp:
As you are probably aware, the City of Boynton Beach is in the process of acquiring private property for the above referenced project.
A determination has been made that either a part or all of your property will be needed. A search of the Public Records of Palm Beach
County has been made and it was determined that property, as described in the legal description attached in "Exhibit A" is owned by
you.
The interest being acquired in your property is a Fee Simple
In addition, the following list will identify the buildings, structures, fixtures, and other which are considered to be part of the real
property acquired, if any: Single Family Residence
The City does not normally acquire personal property such as furniture and furnishings, clothing, and other similar items of personal
effects or small unattached appliances in conjunction with redevelopment projects. However, if circumstances are such that this
becomes necessary, the following list will identify those items of personal property being acquired. N/A
You are further advised that the City's offer of just compensation for the property required for the Wilson Recreation Center project is
based on the Fair Market Value of the property and that the City's offer to you is not less than the approved appraised value of the
property.
The following represents a summary of the City of Boynton Beach's offer to you and the basis therefore:
Land & Improvements $ 50,000
Real Estate Damages $ N/A
Total $ 50,000
This statement of offer is not a contract if you agree to accept this offer, you will be required to sign a contract to sell. Any additional
nformation you may require can be obtained through the City's Representative that contacted you. :If the representative is not readily
~vailable, please contact: The Urban Group Inc., 1424 South Andrews Avenue, Suite 200, Fort Lauderdale, Florida 333:[6 (888) 522-
5226, ext. :1:[4 or 110.
)elivered By -- % ~
'.eceipt Acknowle-'dged By - ~ ~
Sincerely,
THE URBAN GROUP~ INC.
Agents for City of Boynton Beach
Maggie Pinares
Date
Date
;B-WRC
/04
NO BROKERAGE RELATI'ONSH1'P DI'SCLOSURE
FLOR]:DA LAW REQU1'RES..~.THAT REAL ESTATE LI'CENSEES PROV1'DE THI'S
NOTI'CE TO POTENTI'AL SELLERS AND BUYERS OF REAL ESTATE,
You should not assume that any real estate broker or salesperson represents you unless
you agree to engage a real estate licensee in an authorized brokerage relationship, either
as a single agent or as a transaction broker. You are advised not to disclose any
information you want to be held in confidence until you decide on representation.
NO BROKERAGE RELATI'ONSH]:P NOTZCE
FLORI'DA LAW REQUZRES THAT REAL ESTATE LI'CENSEES WHO HAVE NO
BROKERAGE RELATI'ONSHZP Wi'TH A POTENT?AL SELLER OR BUYER DI'SCLOSE
THE]:R DUTI'ES TO SELLERS AND BUYERS,
As a real estate licensee who has no brokerage relationship with you, THE URBAN
GROUP, ]:NC. and its associates owe to you the following duties:
1. Dealing honestly and fairly;
2. Disclosing all known facts that materially affect the value of residential real property
which are not readily observable to the buyer.
3. Accounting for all funds entrusted to the licensee.
Date
Signature
~he Urban Group, Inc. · 1424 South Andrews Avenue · Suite 200 · Fort Lauderdale, Flodda 33316
TELEPHONE 954-522-6226 · FAX 954-522-6422 · www.theurban(~rouD.com
August 3, 2004
NOT?CE TO OWNER
Mr. Lawton Mapp
1407 NW 1~ Street
Boynton Beach, FL 33435-3053
RE: 1407 NW 1st Street, Boynton Beach, Florida 33435
Dear Property OWner and Other :Interested Parties:
The purpose of this letter is to inform you that the City .of Boynton Beach, herein known
as the Agency, is interested in acquiring your property located at 1407 NW 1st Street, Boynton
Beach, Floridb 33435 . The Agency has identified the area in which your property is located as
a "project" area in which the following improvements may be carried out:
Wilson Recreation Center
Because Federal financial assistance is involved, you are protected by the Uniform
Relocation Assistance and Real Property Acquisition Policies Act of 1970 (URA), as amended.
For your information and review, I have enclosed a copy of a brochure entitled, "When a Public
Agency Acquires Your Property." The Agency wishes to disclose to you the following:
The acquisition would be considered an involuntary acquisition due to the fact
that the Agency has the power of eminent domain and can acquire your property
by condemnation.
]~n most cases, an appraisal and review appraisal are required to established
what is just compensation (fair market value) of a property.
You, or someone you designate to represent you, will be offered the opportunity
to accompany the appraiser during the inspections of your property.
If your property is tenant-occupied, each tenant should be encouraged to not move.
Each lawful tenant determined to be eligible as a displaced person will be assisted il: the
property is acquired. A representative of our Agency will contact each tenant to determine their
eligibility for assistance under the URA.
The Agency wishes to caution you that any tenant who moves into the property
identified herein for possible acquisition after the initiation of negotiations, may not be entitled
to displaced person assistance from the Agency. In the event you wish to provide housing to a
i
NOTICE TO OWNER
August 3, 2004
Page 2 of 2
tenant after this date, and you personally wish to pay for such assistance, please contact the
Agency before you allow the tenant to occupy or lease the unit since URA assistance for a
displaced person can be quite expensive. If you wish to lease a vacant unit to a new tenant,
but not be responsible for displacement assistance, be certain to have the attached Move-in
Notice executed by the tenant pri~ to. the tenant leasing and occupying your unit.
NOTE: If the Agency determines that a person occupies a property, or is allowed to
occupy a property, for the purpose of obtaining relocation assistance, the tenant will not
be entitled to assistance as a displaced person.
If you wish to discuss the Agency's interest in acquiring your property, the contents of
the brochure or this letter, or the acquisition process that is required, please contact Maggie
Pinares, Realty Specialist, at (954) 522-6226, ext. 114 or our toll free number (888) 522-6226,
ext. 114.
Any correspondence or documents you wish to submit to the Agency should be mailed to:
The Urban Group, Inc.
1424 South Andrews Avenue, Suite 200
Fort Lauderdale, Florida 33316
Attention: Maggie Pinares
This letter, and all future correspondence you receive from the Agency, are important
and should be kept in a place of safekeeping.
Sincerely,
THE URBAN GROUP~ INC.
Agents for the City of Boynton Beach
Maggie Pinares
Realty Specialist
Enclosure
ClTY OF BOYNTON BEACH
AGREEMENT FOR PURCHASE AND SALE OF REAL PROPERTY
THIS AGREEMENT is made and entered into between CITY OF BOYNTON BEACH,
(hereinafter referred to as "PURCHASER"), and Mr. Lawton Mapp, (hereinafter referred to as
"SELLER"),
WITNESSETH
In consideration of the mutual agreements and upon and subject to the terms and
conditions herein contained, the parties hereto agree as follows:
1. DEFINITIONS. The following terms when used in this Agreement for Purchase
and Sale shall have the following meanings:
1.1 Land/Property. That certain parcel of Land located in Boynton Beach,
Florida, together with any improvements thereon if applicable. The Land is more particularly
described on Exhibit "A" which is attached hereto and made a part hereof. The Land is also
sometimes referred to herein as the "Property."
1.2 Closing. The delivery of a Warranty Deed to PURCHASER concurrently
with the delivery of the purchase price and other cash consideration to SELLER.
Closing Date. The date upon which the closing occurs.
Deed. A Warranty Deed, which shall convey the Land from SELLER to
1.3
1.4
PURCHASER.
1.5
Earnest Money. The sum of One Hundred and no/100 ($100.00) Dollars
has been delivered from PURCHASER to Escrow Agent pursuant to Section 2.1 set forth
herein. PURCHASER shall make an additional deposit in the amount of One Thousand One
Hundred Dollars ($1,100.00) upon the expiration of the 60 day Inspection Period.
1.6 SELLER'S Address. 1407 NW 1 Street, Boynton Beach, FL 33435
Page 1
1.7 PURCHASER'S Address. City of Boynton Beach: 100 East Boynton Beach
Boulevard, P.O. BOX 310, Boynton Beach, Florida 33425-0310, with copy to Donald J.
Doody, Esquire, GOREN, CHEROF, DOODY AND EZROL, P.A., 3099 East Commercial
Boulevard, Suite 200, Fort Lauderdale, Florida 33308.
1.9 Other Definitions. The terms defined in any part of this Agreement shall
have the defined meaning wherever capitalized herein. Wherever appropriate in this Agreement,
the singular shall be deemed to refer to the plural and the plural to the singular, and pronouns of
each gender shall be deemed to comprehend either or both of the other genders. As used in this
Agreement, the terms "herein", "hereof" and the like refer to this Agreement in its entirety and
not to any specific section or subsection.
2. PURCHASE AND SALE.
Subject to the provisions of this Agreement, the SELLER hereby agrees to sell to
PURCHASER, and PURCHASER hereby agrees to purchase from SELLER, the Land,
previously identified on Exhibit "A", for the total purchase price of FIFTY THOUSAND
DOLLARS and NO/100 ($50,000.00) and upon and subject to the terms and conditions
hereinafter set forth.
2.1 Earnest Money.
PURCHASER has deposited and placed in an escrow account maintained by
GOREN, CHEROF, DOODY AND EZROL, P.A. monies in the amount of ONE HUNDRED
AND NO/100 ($100.00) DOLLARS. The Escrow Agent is located at: GOREN, CHEROF,
DOODY AND EZROL, P.A., 3099 East Commercial Blvd., Suite 200, Fort Lauderdale,
Florida, 33308. This contract is contingent upon the Boynton Beach City Commission approving
this agreement and the other contingencies set forth in Section authorizing the appropriate city
officials to consummate the transaction. This contingency, together with any other contingencies
Page 2
set forth in this Agreement, shall be fulfilled or waived by Purchaser within the Inspection
Period, as defined in Section 3 hereof.
2.2 Balance of Purchase Price. PURCHASER shall pay the balance of the
Purchase Price to SELLER at closing by cash or by certified check, or by wire transfer to
SELLER'S bank account of current federal funds.
2.3 The Purchase includes all rights, title and interest, if any, of SELLER in
any Land lying in the bed of any public or private street or highway, opened or proposed, in
front any of the adjoining Property to the center line thereof. The sale also includes any right of
SELLER to any unpaid award to which SELLER may be entitled: (1) due to taking by
condemnation of any right, title or interest of SELLER and (2) for any dam age to the Land due
to change of grade of any street or highway. SELLER will deliver to PURCHASER at closing,
or thereafter on demand, proper instruments for the conveyance of title and the assignment and
collection of award and damages;
3. INSPECTIONS. Buyer shall have umil 5:00 P.M. on the date which is sixty-
(60) calendar days (the "Inspection Period") after the execution of this agreement in which to
conduct such investigations and inspections as to, among other things, the Property, the physical
condition thereof, the environmental condition thereof, the market value thereof, the status,
standing and transferability of any licenses applicable to the Property or any part thereof or any
business operations conducted thereon, the feasibility of the purchase of the Property for Buyer's
purposes, matters of zoning and all other matters with respect to the Property which are in
Buyer's judgment relevant to Buyer's determination whether to purchase the Property or to
terminate this Agreement and, without limitation to the foregoing, within which to obtain all
necessary authorizations. Seller shall cooperate in good faith with Buyer in Buyer's efforts to
investigate the Property during the Inspection Period. To the extent permitted by law, Buyer
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shall indemnify Seller from and against any loss, damage, cost or expense incurred by Seller as a
result of Buyer's inspection of the Property, and Buyer shall, following any such inspections,
promptly restore the Property to the condition existing immediately prior to such inspections. If
for any reason whatsoever, in Buyer's sole discretion, Buyer determines during the Inspection
Period that it does not wish to purchase the Property and to close the transaction contemplated
hereby, Buyer shall have the absolute right to terminate this Agreement by giving written notice
of such termination to Seller in the manner hereinafter provided for the giving of notices, prior to
the expiration of the Inspection Period. Upon receipt of such notice the Deposit shall be returned
to Buyer and thereafter this Agreement shall be deemed terminated and of no further force and
effect and both parties shall be released and relieved of any liability or obligations hereunder. If
Buyer does not provide notice of termination prior to the expiration of the Inspection Period,
then it shall be presumed conclusively that Buyer is satisfied with its investigation, and thereafter
Buyer shall have no further right to terminate this Agreement in accordance with the provisions
hereof, and, shall be obligated to close the transaction contemplated herein on the Closing Date.
4. CONDITION OF THE PROPERTY; DISCLAIMER OF
REPRF_~ENTATIONS.
4.1 Buyer hereby expressly acknowledges and agrees that except as and to the
extent expressly provided to the contrary in this Agreement: (a) Seller makes and has made no
warranty or representation whatsoever as to the condition or suitability of any portion of the
Property for Buyer's purposes, (b) Seller makes and has made no warranty, express or implied,
with regard to the accuracy of any information furnished to Buyer, and Seller shall not be bound
by any statement of any broker, employee, agent or other representative of Seller, (c) Buyer will
have made by the end of the Inspection Period a complete and thorough examination and
inspection of all portions of the Land, on the basis of its inspection, Buyer is thoroughly familiar
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with all portions of the Property (including without limitation, whether or not hazardous or toxic
materials are or have heretofore been located on or under or generated from any portion of the
Property), zoning, land use restrictions, utility availability and hook up costs (including, without
limitation, whether or not septic tanks are permitted or prohibited) and all other matters relevant
to Buyer, (d) Buyer will have determined by the end of the Inspection Period that the condition
of all portions of the Property is satisfactory to Buyer, (e) notwithstanding the nature or extent of
the inspections Buyer has made, Buyer shall purchase and accept every portion of the Property in
its condition without requiring any action, expense or other thing or matter or matter on the part
of the Seller to be paid or performed and, upon acceptance of the Deed at Closing. (f) Buyer will
have obtained by the end of the Inspection Period all necessary approvals for its purchase of the
Property, including, without limitation, if the Buyer is a municipality or agency of any
government, all necessary authorizations from any council, commission, governing board, and
the like, together with all necessary appraisals to fulfill the requirements of law relating to the
value of the Property for purchase, all the foregoing of which shall be deemed to have been
acceptable to Seller and fully approved as required by law, and (g) Seller makes and has made no
warranty, express or implied, concerning any portion of the Property, its condition, the use to
which it may be put, any environmental matters, or any other thing or matter directly or
indirectly related thereto or hereto. In accordance with Section 161.57(2) Florida Statues, Buyer
hereby waives being furnished any information by Seller related to whether or not any portion of
the Property lies seaward of any coastal construction control line (as defined in Section 161.053,
Florida Statutes) and any such information shall be compiled by Buyer, if Buyer desires, at
Buyer's sole cost and expense (the foregoing is not a condition to Closing, and regardless of the
information learned, Buyer shall not be entitled to terminate this Agreement). The provisions of
this section shall survive Closing and delivery of the deed of conveyance.
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5. EVIDENCE OF TITLE.
5.1 Title to the Land. SELLER shall convey to PURCHASER at closing, by
delivery of a Warranty Deed, regarding the subject Land, subject to all easements and
restrictions of record. Within ten (10) days of the execution of this Agreement, Purchaser shall
secure a title insurance commitment insuring PURCHASER'S title to the Land subject only to
those exceptions set forth in the commitment and acceptable to PURCHASER. All costs and
expenses relative to the issuance of a title commitment and an owner's title policy shall be borne
by the PURCHASER.
PURCHASER shall have ten (10) days from the date of receiving said commitment to
examine said commitment. If PURCHASER objects to any exception to title as shown in said
commitment, PURCHASER shall within ten (10) days of receipt of said commitment, notify
SELLER in writing specifying the specific exception(s) to which it objects. Any objection(s) of
which PURCHASER has so notified SELLER, and which SELLER chooses to cure, shall be
cured by SELLER so as to enable the removal of said objection(s) from the title commitment
within ten (10) days after PURCHASER has provided notice to SELLER. Within two (2) days
after the expiration of SELLER'S time to cure any objection, SELLER shall send to
PURCHASER a notice in writing (a "cure notice") stating either (I:) that the objection has been
cured and in such case enclosing evidence of such cure, or (ii) that SELLER is either unable to
cure or has chosen not to cure such objection. If SELLER shall be unable or unwilling to cure
all objections within the time period set forth in the preceding sentence, then PURCHASER may
(a) terminate this Agreement by written notice to the SELLER within five (5) days after receipt
of a cure notice specifying an uncured objection, in which event all instruments and monies held
by the Escrow Agent shall be immediately returned to PURCHASER; or (b) subject to the
provisions set forth below, proceed to close the transaction contemplated herein despite the
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uncured objection.
5.2. Survey and Legal Description. During the Inspection Period, PURCHASER shall
order: (i) a true, complete and reproducible tracing of a current survey map (current is defined
to be certified within fifteen (15) days of the date of the Agreement), prepared by a registered
Land surveyor or engineer licensed in the State of Florida showing the boundaries of the Land,
and the location of any easements thereon and certifying the number of acres (to the nearest one
thousandth acre) of Land contained in the Land, improvements and encroachments; and (ii) a
correct metes and bounds legal description of the Land which, upon approval thereof by
PURCHASER and SELLER (not to be unreasonably withheld), shall be the legal description
used in the deed of conveyance. The survey and legal description shall be prepared and certified
by a surveyor licensed and registered in the State of Florida and shall comply with the
requirements of the survey map established in connection with the issuance of an owner's title
insurance policy on the Land. The survey shall be certified to PURCHASER and the title
insurance company issuing the title insurance.
In the event the survey shows any material encroachments, strips, gores, or any portion
of the Land non-contiguous to any other portion of the Land or any other matter materially
affecting the intended use or marketability of title to the Land (any such matter is herein called a
"survey objection" and treated as a rifle defect), PURCHASER shall have a period of ten (10)
days after receipt of the survey by PURCHASER within which to approve or disapprove any
survey objection and to give notice to SELLER of any disapproval thereof indicating in
reasonable detail the nature and reasons for PURCHASER'S objection. PURCHASER agrees
that it will not arbitrarily or unreasonably withhold its approval of any such survey objection and
that PURCHASER will approve any such survey objection which does not affect the
marketability of title or materially interfere with PURCHASER'S use of the Land as a self
Page 7
storage facility. In the event PURCHASER provides a notice of disapproval of a survey
objection to SELLER, the rights and obligations of the parties respecting such survey objections
shall be governed by Section 5.1 hereof such that the parties shall have the same rights and
objections as though such survey objection objected to was a new exception to title which was
discovered and objected to within the contemplation of Section 5. I.
6.0 RISK OF LOSS.
6.1 Risk of loss or damage from fire, other casualty, or both, is assumed by
SELLER until the deed described in Paragraph 5.1 hereof is delivered by SELLER to
PURCHASER.
(a) In the event the Land, or any portion thereof, is condemned by any
governmental authority under its power of eminent domain or becomes the subject of a notice of
condemnation, PURCHASER may elect to terminate this Agreement, in which event the entire
deposit and interest shall be returned to PURCHASER and neither party shall have any further
claim against the other, or PURCHASER may elect to complete settlement hereunder, in which
event SELLER shall assign to PURCHASER all of SELLER'S right, title and interest in and to
any condemnation awards, whether pending or already paid.
7. TRANSFER OF TITLE SUBJECT TO. The Land shall be conveyed subject
only to those exceptions as set forth in paragraphs 2.3, 5.1 and 5.2 and to:
(a) Water lines, sanitary sewer, drainage, gas distribution, electrical
and telephone easements of record provided that they are used to service the Land.
(b) Unpaid assessments payable after the date of the transfer of title.
8. ADJUSTMENTS AT CLOSING.
In the event that, following the Closing, the amount of assessed real property tax
on the Property for the current year is higher than any estimate of such tax used for purposes of
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the Closing, the parties shall re-prorate any amounts paid or credited based on such estimate.
This provision shall survive the Closing.
9. CLOSING DATE AND PLACE. The closing will take place at an office and
time mutually agreed upon no later than (15) days subsequent to the expiration of the inspection
period, time being of the essence.
10. DEFAULT. If the PURCHASER shall fail or refuse to consummate the
transaction in accordance with the terms and provisions of this agreement, the deposit and
interest shall be forfeited to SELLER as agreed upon liquidated damages. In the event of such
default by PURCHASER, SELLER'S sole and entire remedy shall be restricted to retention of
the deposit plus all accrued interest, if any, and PURCHASER shall have no other responsibility
or liability of any kind to SELLER by virtue of such default. In addition to the other remedies
which PURCHASER may have specifically set forth in this Agreement in the event of
SELLER'S default, PURCHASER shall be entitled to equitable relief to enforce the terms and
conditions of this Agreement either through a decree for specific performance or injunctive
relief.
11. COSTS. SELLER shall be responsible relative to the costs and expenses related
to the documentary stamps affixed to the Warranty Deed. The costs related to the survey, the
appraisal and the costs and expenses incurred relating to the recording of the Warranty Deed and
obtaining an Owner's Title Policy shall be the responsibility of the PURCHASER.
12. SELLER'S WARRANTIES. SELLER hereby acknowledges and warrants to the
best of its knowledge that all of the following statements are true and correct as of the date of
Closing and shall survive the closing.
(a) There are no leases, letting or tenancies affecting any part of any
of the Land except tenant leases and there are no written or oral promises, understandings,
Page 9
agreements or commitments between SELLER (or any predecessor of SELLER) and any tenant
or other person affecting the Land.
(b) DELETED.
(c) SELLER is not in default in any of SELLER'S obligations to any
supplier of any materials or services obtained or to be used in connection with the property.
All of the representations, warranties and covenants of SELLER contained
in this Agreement or in any other document, delivered to PURCHASER in connection with the
transaction contemplated herein shall be true and correct in all material respects and not in
default at the time of closing, just as though they were made at such time.
13. PURCHASER'S WARRANTIES. PURCHASER hereby acknowledges and
warrants to the best of its knowledge that all of the following are true a nd correct and all shall
survive the closing:
(a) PURCHASER has full power and authority to enter into this Agreement
and to assume and perform all of its obligations hereunder.
(b) The execution and delivery of this Agreement and the performance by
PURCHASER of the obligations hereunder have been duly authorized by the PURCHASER as
may be required, and no further action or approval is required in order to constitute this
Agreement as a binding obligation of the PURCHASER.
14. ENFORCEABILITY. If any provision in this Agreement shall be held to be
excessively broad, it shall be construed, by limiting and reducing it, to be enforceable to the
extent compatible with applicable law. If any provision in this Agreement shall, notwithstanding
the preceding sentence, be held illegal or unenforceable, such illegality or unenforceability shall
not affect any other provision of this agreement.
15. CONTINGENCIES. PURCHASER'S obligations under this Agreement is
Page 10
comingem upon:
(a) The PURCHASER obtaining authorization from the City Commission of
BOYNTON BEACH authorizing the City officials to consummate this transaction.
(b) The PURCHASER obtaining one (1) appraisal from appraiser pursuant to
Section 253.025 (6)(b) of the Florida Statutes (2001). The appraisal shall show the Land to have
an appraised value equal to or exceeding the Purchase Price as set forth in Section 2. In the event
the appraisal value does not equal the Purchase Price, the City Commission may elect to
terminate this Agreemem.
(c) The PURCHASER obtaining a satisfactory Environmental Phase I Audit.
In the event, the Environmental Audit is not satisfactory, the City Commission may elect to
terminate this Agreement.
(d) If upon the expiration of the inspection period the City determines that the
Land is unsuitable for any intended use, they may elect to terminate this agreement and receive
an immediate return of the deposit.
Notwithstanding anything to the contrary contained in this Section 15 or elsewhere in this
Agreement, the foregoing contingencies shall be fulfilled or waived by Purchaser in their entirety
within the Inspection Period. In the evem that the purchaser has not furnished Seller with
written notice of termination of this Agreement during the Inspection Period in the manner herein
for providing notices, it shall be conclusively presumed that any and all contingencies to the
Purchaser's obligation to purchase the Land in accordance with the terms and conditions of this
Agreement have occurred, been performed and/or waived, and the Purchaser shall be obligated
to purchase the Land on the closing date.
16. NO LIABILITY. Unless this Agreement is executed by both parties within the
Page 11
specified time period, neither party shall be obligated to perform the covenants herein contained.
17. EFFECTIVE DATE. Unless both SELLER and PURCHASER execute this
Agreement by September 30, 2004, this Agreement shall be null, void and ineffective. This
Agreement shall be deemed effective as of the last date that the document is executed by either
PURCHASER or SELLER.
GOVERNING LAW. This Agreement shall be governed by the laws of the State
18.
of Florida.
19.
ENTIRE AGREEMENT. All prior understandings and agreements between
SELLER and PURCHASER are merged in this Agreement. This Agreement completely
expresses their full agreement.
20. NO ORAL CHANGE. This Agreement may not be changed or amended orally.
21. SUCCESSORS. This Agreement shall apply to and bind the distributees,
executors, administrators, successors and assigns of SELLER and PURCHASER.
22. 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 health unit.
23. COUNTERPARTS: This Agreement may be executed in two or more
counterparts, each of which shall be and shall be taken to be an original and all collectively
deemed one instnmaent.
24. The parties hereto agree that a facsimile copy hereof and any signatures hereto
shall be considered for all purposes as originals.
25. BROKER:
Page 12
a) Seller represents that it has not listed the property for sale or otherwise
entered into any agreement for the payment of a real estate brokerage commission regarding the
sale of the property with any broker or any other person entitled to be paid a brokerage commission
in accordance with Florida law.
b) Seller hereby indemnifies and holds Purchaser harmless from and against
all liability, cost or expense, including reasonable attorney's fees whether trial be brought or not,
in the event the representations of Seller are false or incorrect or in the event of any claim that is
made against Purchaser, by any person who claims to be entitled to a real estate brokerage
commission as a result of having entered into an express agreement with the Seller for the
payment of a commission
Page 13
Property Address:
Legal Description:
Property ID:
EXHIBIT "A"
1407 NW 1st Street, Boynton Beach, FL
The north 50.00 feet of lots 519 and 520 of
Cherry Hills according to the plat thereof as
recorded in plat book 4, page 58 of the
public records of Palm Beach County, Florida
08434521140005192
Page 15
IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates
indicated below.
WITNESS:
PURCHASER:
(Print Na{ne~)
(Print Name?)
CITY OF BOYNTON BEACH, a Florida
Municipal corporation
SELLER:
LAWTON MAPP
(Signamr~') ..... I~
/(Print Name?) -
(Print Name?)
ESCROW AGENT
GOREN, CHEROF DOODY
AND EZ~ROL??~.
H:X2001\010078~Agreement for Purchase and Sale (Draft 3).doc
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