R13-046 1 RESOLUTION NO. R13- 0
2
3 A RESOLUTION OF THE CITY OF BOYNTON BEACH,
4 FLORIDA, AUTHORIZING THE WAIVER OF THE
5 CITY'S RIGHT OF FIRST REFUSAL FOR THE
6 PROPERTY LOCATED AT 309 N.W. 11 AVENUE,
7 BOYNTON BEACH, FLORIDA 33435; AND
8 PROVIDING FOR AN EFFECTIVE DATE.
9
10 WHEREAS, on February 14, 2008, Myrtle Marshall and the City of Boynton Beach
11 executed a First Mortgage and Security Agreement instituted under the SHIP Program, in
1
12 which the City provided Myrtle Marshall a $75,000.00 loan for the purchase of the property
13 located at 309 N.W. 11 Avenue, Boynton Beach, FL 33435 (the "Mortgaged Property "); and
14 WHEREAS, on February 14, 2008, Myrtle Marshall and the City of Boynton Beach
15 entered into an Agreement, granting the City the Right of First Refusal to purchase the
16 Mortgaged Property for the same purchase price as set forth in a written valid offer of a
17 contract for sale and purchase; and
18 WHEREAS, Myrtle Marshall is deceased, and her Estate has received an offer from a
19 buyer to purchase the Mortgaged Property; and
20 WHEREAS, the City has no interest or funding available to purchase the Mortgaged
21 1 Property from the Estate; and
22 WHEREAS, the City Commission deems it appropriate to authorize and approve a
23 Waiver of the City's Right of First Refusal for the Mortgaged Property.
24 I NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
25 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
26 Section 1. The foregoing "WHEREAS" clauses are true and correct and
27 hereby ratified and confirmed by the City Commission
11
1 Section 2. That the City Commission of the City of Boynton Beach hereby
2 approves the waiver of the City's Right of First Refusal for the property located at 309 N.W.
3 11 Avenue, Boynton Beach, Florida 33435.
4 Section 3. That this Resolution will become effective immediately upon passage.
5 PASSED AND ADOPTED this
day of June, 2013.
6
7 CITY OF BOYNTON BEACH, FLORIDA
8
9 .,
10 /or J T. or
11 r
12
13 W ice Mayo — Woodrow L. Hay
14
15
16 Comm oner — ,, . Merker
17 —
18
19 C mmiss • ner — ichael M. Fi patri k
20 H
21 II �r' t!
22 ' C • missioner — Joe Casello
23 ATTEST:
24
25 PA-0:1.4.&-do
27 0-4t-tts*
. Prainito, MMC
28 erk
29
30 Y,. / .. •
31
32 (C or t Neal)
33
O V
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Prepared by and return to:
City of Boynton Beach
Community Improvement Division
Post Office Box 310
Boynton Beach, Florida 33425 -0310
WAIVER OF RIGHT OF FIRST REFUSAL
The CITY OF BOYNTON BEACH, FLORIDA (the "CITY "), a Florida municipal corporation, being
the owner, holder and beneficiary of a right of first refusal on any sale or resale or transfer of
the real property located at 309 NW 11 Ave., Boynton Beach, FL 33435, hereby acknowledges that
it has been offered the following described land pursuant to its right of first refusal, on the following
basic terms, and the CITY hereby waives its right to exercise such right of first refusal on the following
described transaction.
SELLER: The Estate of Myrtle Lee Marshall
OFFEROR /BUYER: Marcelin and Emilourde Jeune
DATE OF CONTRACT: April 3, 2013
PROPERTY DESCRIPTION: Lot 7, Block 2, POINCIANA HEIGHTS, Boynton Beach, Florida, according to
the plat thereof on file in the office of the Clerk of the Circuit Court in and for Palm Beach County,
Florida, recorded in Plat Book 25, Page 183.
PURCHASE PRICE: $144,999.00
WITNESS my hand and seal this 62 day of 2013.
.aL,,,4_,
Signed, sealed and delivered
in the presence of: CITY OF BOYNTON BEACH
�/
(• �S • • e BY:
JERK TAYLO
-7 G I.,. ...c> \ 0 r e M OR
PrAl d Na , e11,,r
_iuDi A, 76 r--
Printed Name
STATE OF FLORIDA )
COUNTY OF PALM BEACH )
The foregoing instrument was acknowledged before me this ((j day of TiJ -tlf_ 2013, by JERRY
TAYLOR as Mayor of the City of Boynton Beach a Florida municipal corporation, who is personally known to me or
has produced 11 f C as identification and who did (did not) take an oath.
2O \RV P/ CATHERINECHERRY�,UBERMAN l:lk,f�'t. ittA"�.Q._ aLP _,.7-ii k_bk>>��'iO%1t
, , a * MY COMMISSION EE 207630 NOTARY PUBLIC
c EXPIRES: June 12, 2016
fr ''EOF w e Bonded Bonded Thru Budget Notary Services My Commission Expires: RA Re 0, ,_ (4,,
City Of Boynton Beach - Community Improvement Division
100 E. Boynton Beach Blvd., Boynton Beach, Florida 33435
Mortgage /Note Payoff Tabulation
May 21, 2013
Name: Myrtle Marshall
Address: 309 N.W. 11 Avenue, Boynton Beach, Florida 33435
File #: 4 -06 -017 Your File #: 48 -63478
Reason for payoff request: Owner deceased — relatives selling property I
This is a fifteen (15) year interest free note with annual forgiveness.
Amount: $75,000.00 Annual Forgiveness: $5,000.00
Date of Original 06/21/2006 Forgiveness Begins: 6/21/2006
Mortgage & Note:
6/21/2006 — 6/20/2007 (1 year) 5,000.00
6/21/2007 — 6/20/2008 (1 year) 5,000.00
6/21/2008 — 6/20/2009 (1 year) 5,000.00
6/21/2009 — 6/20/2010 (1 year) 5,000.00
6/21/2010 — 6/20/2011 (1 year) 5,000.00
6/21/2011 — 6/20/2012 (1 year) 5,000.00
TOTAL FORGIVEN $30,000.00
Mortgage: $75,000.00
Forgiven: 30,000.00
Amount Due City: $45,000.00 •
The above amount is good through June 20 2013. Any payoff should be made
payable to the City Of Boynton Beach and mailed to the attention of this division.
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