Fort Walton Beach Council agenda — 02-11-03 regular Council agenda — reading text

535 for Sale of Land to Maisel Family Properties, LLC Agenda Item No.- PH6  o o 1 ORDINANCE 2 3 AN ORDINANCE OF THE CITY OF FORT WALTON BEACH RELATING 4 TO SALE OF EXCESS REAL PROPERTY OWNED BY THE CITY; 5 PROVIDING FOR AUTHORITY; PROVIDING FOR FINDING OF FACT; 6 PROVIDING FOR CITY COUNCIL APPROV AL OF A CONTRACT FOR 7 SALE AND PURCHASE AND THE CONVEYANCE TO MAISEL FAMILY 8 PROPERTIES, LLC, OF REAL PROPERTY IN THE FORT WALTON 9 BEACH COMMERCE AND TECHNOLOGY PARK CONTAINING 2.08 10 ACRES MORE OR LESS; AND AUmORIZING AND DIRECTING 11 CLOSING BY THE MAYOR,CITY MANAGER AND CITY CLERK; AND 12 PROVIDING FOR THE EFFECTIVE DATE HEREOF. 13 14 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WALTON 15 BEACH, FLORIDA: 16 17 SECTION I. AUTHORITY. The authority for this Ordinance is Section 166. 021, Florida 18 Statutes, and Section 2- 311 through Section 2- 315 of the City Code. 19 20 SECTION II. FINDINGS OF FACT. The City Council finds and determines that the 21 described real property is excess real property, unneeded for immediate or future 22 development or use by the City. The City has no existing or projected development or use 23 for the property. The best price and utilization has been negotiated and the proposed 24 utilization of the property and its development are for use benefiting the City and its 25 citizens. 26 27 SECTION III. EXCESS REAL PROPERTY SALE APPROV AL. The Purchase 28 Agreement between the City and Maisel Family Properties, LLC, a copy of which is 29 attached hereto and made a part hereof by reference, for the excess real property owned by 30 the City described as: 31 32 103 Hill Avenue, Fort Walton Beach, Commerce and Technology Park, Okaloosa 33 County, Florida,being more particularly described as: 34 35 That part of the Southeast Quarter of Section 8, Township 2 South, Range 24 West in the 36 City of Fort Walton Beach Commerce and Technology Park, Okaloosa County, Florida, 37 being more particularly described as follows: 38 39 Commence at the 4- inch by 4- inch concrete monument marking the southeast comer of 40 said Section 8 for the Point of Reference; thence proceed North 87 degrees 27 minutes 20 41 seconds West (Reference Bearing) along the south line of said section a distance of 489.99 42 feet to the Point of Beginning of the land to be described; thence proceed North 01 degree 43 13 minutes 00 seconds East a distance of265. 00 feet; thence proceed North 87 degrees 27 44 minutes 20 seconds West a distance of340.78 feet to a point on the east right- of-way line 45 of Hill Avenue (100' ROW);thence proceed South 01 degree 15 minutes 20 seconds West 46 along said east right- of-way line a distance of265. 00 feet to a point on the south line of  o o 47 fI""', said Section 8, thence proceed South 87 degrees 27 minutes 20 seconds East along said I 48 south section line a distance of340.96 feet to the Point of Beginning. 49 50 The above described tract containing 2. 08 acres, more or less. 51 52 RESERVING to the City of Fort Walton Beach, Florida, its successors and assigns, a ten 53 ( 10) foot easement for the installation, maintenance, repair and servicing of utilities for the 54 benefit of the City of Fort Walton Beach, Florida, along the west property line of the above 55 described property adjoining the east right- of-way line of Hill Avenue. 56 57 Conveyance will be subject to a five- foot utility easement along the south property line of 58 the above described property, adjoining the Section line, granted to the City of Fort Walton 59 Beach, dated February 25, 1976, and recorded in Book 836 at Page 15 of the Official 60 Records ofOkaloosa County, Florida. 61 62 Conveyance will be subject to all existing easements of record. 63 64 is approved and conveyance of the land by the City pursuant to the Purchase Agreement is 65 authorized. The Purchase Agreement contains the imposition of conditions by the City 66 authorized to be imposed by the City. The Mayor, City Manager, and City Clerk are 67 authorized to execute and deliver such deeds and other documents as are necessary to close 68 the sale. 69 70 SECTION IV. EFFECTIVE DATE. This Ordinance shall take effect immediately upon 71 approval by Council and signature by the Mayor. 72 73 ADOPTED: 74 75 MAYOR: 76 GLENDA GLOVER 77 78 ATTEST: 79 80 81 HELEN A SPENCER 82 CITY CLERK 83 84 The form and legal sufficiency 85 of the foregoing has been 86 reviewed and approved by the City Attorney. 87 88 89 J. JEROME MILLER 90 CITY ATTORNEY 91 92 First Reading: 93 Second Reading:  o o PURCHASE AGREEMENT by and between the This agreement is made and entered into on ~~ freferred ~....? to as " , City"), located at City of Fort Walton Beach, a municipal corporation (herei er City Hall, P. O. Box 4009, Fort Walton Beach, Florida 32549, and Maisel Family Properties, LLC, with its principal place of business at 3378 Moffett Road, Mobile, AL 36607 (hereinafter referred to as " Purchaser"). In consideration of the mutual covenants and conditions herein set forth, City and Purchaser agree as follows: SECTION I CONVEYANCE The City shall convey title to the real property described in Exhibit " A", by special municipal warranty deed, warranting against claims by or through the City, and subject to matters contained in Paragraph X and those otherwise accepted by Purchaser. SECTION II PURCHASE PRICE The purchase price is three hundred and forty eight thousand and one dollars 348, 001. 00) which Purchaser agrees to pay to City as follows: A. $ 5, 000. 00 earnest money deposit within seven days of adoption of the related ordinance by the City Council on first reading, at which time the parties will sign this agreement. B. $ 343, 001. 00, by certified funds issued by a local bank. C. If Purchaser does not close as provided herein, the earnest money deposit is forfeited and the parties are discharged herefrom. SECTION III EFFECTIVE DATE The date of this Agreement (" Effective Date") will be the date after the last one of the Purchaser and the City have signed this Agreement and the City Council of the City of Fort Walton Beach has adopted an ordinance approving this Agreement. The ordinance adoption the ordinance adoption process is process is a dynamic process subject to public participation and PURCHASE AGREEMENT. version5. 012903. doc  o o discretionary with the Council. Therefore, City may unilaterally withdraw from the Agreement if the City Council fails to adopt the ordinance on or before 5: 00 P. M., February 28, 2003 and will be returned to Purchaser upon City' s any earnest money deposit provided by Purchaser withdrawal. SECTION IV DEED The conveyance will be by special municipal warranty deed with full covenants executed at Purchaser' s sole expense, in proper form for recording so as to convey to Purchaser good and marketable record title to the land and improvements clear and free of all liens, encumbrances, leases, restrictions, and conditions. The City hereby warrants and covenants that title to the real property is not derived by or through tax title, or by adverse possession. SECTION V ASSESSMENTS, LIENS AND TAXES If, at the time the deed is delivered, all or any part of the Real Property is or has been affected by a municipal assessment which constitutes a lien or charge against the Real Property 4-....... then said unpaid assessments will be discharged by the City at Closing. Any taxes of the Real Property shall be prorated through the day of closing. The City shall furnish to Purchaser at time of closing an affidavit attesting to the absence, unless otherwise stated herein, of any financing statements, claims of lien, or potentiallienors known to the City and further attesting that there have been no improvements to the Real Property for 90 days immediately preceding date of closing. If the Real Property has been improved within that time, the City shall deliver releases or waivers of construction liens executed by alllienors or potentiallienors in addition to the City' s lien affidavit setting forth the names of all such lienors and potentiallienors and further affirming that all charges for improvements or professional services to or for the benefit of the Real Property which could serve as a basis for a lien on the Real Property or a claim for damages against the Purchaser have been paid or will be paid at closing. SECTION VI INSPECTION PERIOD The Purchaser shall have ninety ( 90) days from the Effective Date of this Agreement to enter upon the property and conduct any test or inspection Purchaser believes are necessary to determine the acceptability of the property. If, at the end of the 90 day period, the Purchaser determines, in its sole discretion, not proceed with the purchase of the Property, then the Purchaser shall inform the City in writing, receive an immediate full refund of the earnest money deposit and both parties shall be released of any further obligations under this Purchase Agreement. PURCHASE AGREEMENT. version5. 012903. doc  o o SECTION VII CLOSING This transaction shall be closed and the deed and other closing papers delivered on or before May 1, 2003 or ten ( 10) days after the termination of the inspection period, whichever is later, unless extended or shortened by the parties in writing. SECTION VIII PLACE OF CLOSING Closing shall be held at the office of the attorney for the Purchaser. SECTION IX DOCUMENTS FOR CLOSING The City shall furnish deed, mechanic' s lien affidavit, and corrective instruments, at the expense