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R04-137 1 2 3 4 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 RESOLUTION NO. R04- i 3'"/ A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING THE ACQUISITION OF PROPERTY FOR THE WILSON CENTER PROJECT FROM EVA M. BAKER AND AUTHORITES 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 1401 NW 1st Street, Boynton Beach, owned by Eva M. Baker, for the amount of $79,200.00, and the relocation entitlement of $56,347, as part of the implementation of the Wilson Center Project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF /HE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section I. 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 Eva M. Baker, in the amount of $79,200, and the relocation entitlement in the amount of $56,347, 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~.ESOXReal Estate~urchase l~mn Eva M. Baker - Wil~on Center Projecty.doc 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 PASSED AND ADOPTED this |"1 day of August 2004. CITY OF BOYNTON BEACH, FLORIDA or l it ~' ~" ~issi ~ (Corporate Seal) S:\CA~ESO~Reai Estate~ff'urchase l?om Eva M. Baker - Wilson Center Projecty.doc AGREEMENT FOR PURCHASE AND SALE OF REAL PROPERTY 1.3 1.4 PURCHASER. 1.5 THIS AGREEMENT is made and entered into between CITY OF BOYNTON BEACH, (hereinafter referred to as "PURCHASER"), and Ms. Eva M. Baker, (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 fi.om SELLER to 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. 1401 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 SEVENTY NINE THOUSAND TWO HUNDRED DOLLARS and NO/100 ($79,200.00) 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 fulf'flled 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: (i) due to taking by condemnation of any right, title or interest of SELLER and (2) for any damage 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 until 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 Page 3 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 s hall 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 REPRESENTATIONS. 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 Page 4 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. Page 5 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 (1) 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 Page 6 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 title 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 wh ich was discovered and objected to within the contemplation of Section 5.1. 6.0 RISK OF LOSS. 6.1 Risk of loss or damage from fire, other casualty, or both, is assumed by the deed described in Paragraph 5.1 hereof is delivered by SELLER to SELLER until 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 Page 8 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 su ch 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 tree and 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 contingent 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 Agreement. (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 th at 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 event 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 part3, shall be obligated to perform the covenants herein contained. 17. EFFECTIVE DATE. Unless both SELLER and PURCHASER execute this Agreement by August 31, 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 instrument. 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 othenvise entered into any agreement for the payment of a real estate brokerage commission regarding the sale of the property ~vith 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 o r 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 IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates indicated below. WITNESS: PURCHASER: CITY OF BOYNTON BEACH, a Florida Municipal corporation (Print Name?) (Print Name?) (Print NameT) BY: Mayor DATE: SELLER: EVA M. BAKER (Print DATE~ ~ ~CROW AGE~ ~N, CHEROF, DOODY AND EZROL, P.A. (Print Name?) By: (Print Name?) H:L2001\010078XAgreement for Pm-chase and Sale (Draft 3).doc DATE: Page 14 Property Address: Legal Description: Property ID: EX/~IBIT "A" 1401 NW 1st Street, Boynton Beach, FL The south 68.34 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 08434521140005191 Page 15 NEGOTI'ATI'ON SUMMARY & RECOMMENDATI'ON FOR SETTLEMENT Seller: Site Address: Legal Description: Parcel Identification Number: Eva M. Baker 1401 NW 1st Street Boynton Beach, Florida 33435 Parcel # 6-4 The south 68.34 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. 08-43-45-21-14-000-5191 Property Assessment Value: Appraised Fair Market Value: Date of Value: $50,986.00 $79,200.00 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 $79,200.00. Ms. Baker agreed to sell her home at the appraised value in addition to her relocation entitlement of $56,347.00. 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 $79,200.00. This contract is contingent on the City Board approving the contract amount and a closing within the month of September 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. Comparable sales of similar, four bedrooms, two baths, single-family residences located in the subject area have sold for over $98,000.00, and it appears that values have trended upward compared to the comparables used by the appraiser. In closing, we recommend the City accept the Agreement for Purchase and Sale of Real Property of $79,200.00. 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 Eva M. Baker- 1401 NWist Street, Boynton Beach, Florida August 2, 2004 Page 2 ectf~//~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 NoUces provided at [niUation of Negotiations CC: Howard Steinholz, Barry Lazarus, File OY O-N BEACH:: OFFER OF 3UST COMPENSATION July 28, 2004 Ms. Eva M. Baker 1401 NWi Street Boynton Beach, FL 33435-3053 Dear Ms. Baker: The purpose of this letter is to make you an offer of just compensation for your property located at 1401 NW 1 Street,'Boynton Beach, Florida 33435. Mr. D. Craig Keneipp, Certified General Appraiser, on behalf of the City of Boynt°n Beach, has established the amount of just compensation for your property at $79,200. 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 Maggie Pinares Realty Specialist Accompanying Attachments · Establishment of 3ust Compensation ° Summary Statement of Offer of Just Compensation ° Real Estate City Disclosure BB-WRC 07/04 BOYNTON .......... ESTABL]'SHMENT OF 3UST COMPENSATI'ON PROPER TY Z OCA TED A 1- 1401 NW 1 Street Boynton Beach, Florida An appraisal prepared and submitted by D. Craig Keneipp, indicates the fair market value for the property identified above to be $79,200. A review of this appraisal has been made by lVlendel 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, I, Mendel R. Westberry, MAI, on behalf of the City of Boynton Beach, hereby established the just compensation for the property identified above to be $79,20.0. 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 BB-WRC 7/0zt Ms. Eva M. Baker 1401 NWi Street Boynton Beach, FL 33435 SUMMARY STATEMENT OF OFFER OF 3UST COMPENSATZON PROJECT NAME: Wilson Recreation Center PARCEL NO.: 6.4 Dear Ms. Baker: 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 "~u are further advised that the City's offer of just compensation for the property required for the Wilson Recreation Center project is sed 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 $ 79,200 Real Estate Damages $ N/A Total $ 79,200 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. If the representative is not readily available, please contact: The Urban Group Inc., 1424 South Andrews Avenue, Suite 20.0., Fort Lauderdale, Florida 33316 (888) 522- 6226, ext. 114 or 110. nelivered By ¢~l~eceipt Acknowledged By Sincerely, THE URBAN GROUP~, INC. Ag% for Ci~ of Boynton Beach Maggie Pinares DateTA~/~/ Date BB-WRC 7/04 NO BROKERAGE RELATIONSHIP DISCLOSURE FLORIDA LAW REQUIRES 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 IJcensee who has no brokerage relationship with you, THE URBAN GROUP~ INC. and its associates owe to you the following duties: Dealing honestly and fairly; 2. Disclosing all known facts that materially affect the value of residential real properb/ which are not readily observable to the buyer. 3. Accounting for all funds entrusted to the licensee. Date Signature The Urban Group, Inc. · 1424 South Andrews Avenue ° Suite 200 · Fort Lauderdale, Florida 33316 TELEPHONE 954-522-6226 · FAX 954-522-6422 · www.theurbangroup.com