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HomeMy WebLinkAboutOrd 1960-055 Authorizes Mayor & Clerk to Deliver Promissory Note & Mortgage Incident to Purchase Village HallORDINANCE NO. 55 AN ORDINANCE OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR AND CLERK TO EXECUTE AND AUTHORIZING. AND DIRECTING THE VILLAGE OFFICERS TO DELIVER ON BEHALF OF THE VILLAGE, A CERTAIN PROMISSORY NOTE AND MORTGAGE INCIDENT TO THE PURCHASE BY THE VILLAGE OF THE VILLAGE HALL PROPERTY. WHEREAS, by deed dated December 31, 1957, and recorded in Official Record Book 139, page 639, public records of Palm Beach County, Florida, the then owner of that certain land in Palm Beach County, Florida,- and the improvements thereon (hereafter called Village Hall Property), viz: Lot 10 in Block 8 in Replate of Block 8, VILLAGE OF NORTH PALM BEACH, PLAT NO. 1, accordingm<,o the Plat thereof, on file in the office of the Clerk of the Circuit Court, in and for Palm Beach County, Florida, in Plat Book 25, at page 103, conveyed the same to the Village "for a term of three years from December 31, 1957, or so long as the Grantee pays to the Grantor t•he-sum of $465.00 per month, whichever period be shorter", and WHEREAS, said deed also contained a paragraph reading: "The Grantee shall have to and including January 2, 1961, at midnight, an exclusive option to purchase the unencumbered fee interest of Grantor in and to said property at a price of $206,213.59, against which price shall be credited monthly payments made by the Grantee hereunder and similar payments made in the year 1957. Such price shall be payable with 6% interest from the date such option,is exercised, principal and interest to be amortized over a twenty-year period." and WHEREAS, since the date of said deed, said Village Hall Property has been utilized by such Village as its Village Hall; and WHEREAS, it is essential that the Village continue to have facilities of a Village Hall for the proper and orderly carrying on of the government of the Village; and -1- c C WHEREAS, by Resolution #84 of such Village, adopted June 14, 1960, the Village exercised the option mentionedin the foregoing deed and.communicated such action to the owner of the Village Hall Property; and ' - WHEREAS, in order to consummate such purchase it is necessary that, as of January 1, 1961, in exchange for a deed conveying good and marketable title to the Village Hall Property, the Village deliver its promissory note and purchase money mort- gage of that date, in the principal amount of not to exceed $185,900, to bear interest at 6% per annum, such principal and interest being payable in monthly installments of not exceeding $1,317.55, to be applied first to interest and the balance to principal, the first installment to be due February 1, 1961, and continuing on the first day of`each month thereafter until January 1, 1981, such purchase money mortgage and note to permit prepayment of principal at any time without penalty, to contain provisions for the acceleration of the entire unpaid amount thereof in case default be made in any of the covenants of such mortgage and note, such mortgage and note to be otherwise in the form in general use in Palm Beach County, Florida; and WHEREAS, at a freeholders' election duly called and held in such Village on March 15, 1960, at which more than 50% of the registered freeholders in such Village participated, the proposition of whether or not such a mortgage and note should be executed and delivered was voted upon by said freeholders; and WHEREAS, at such election a majority of the votes cast were in favor of the execution and delivery of suuh mortgage and note; NOW, THEREFORE, BE IT AND IT IS HEREBY ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA: Section 1. The Mayor and Clerk of the Village be and they are hereby authorized as of January 1, 1961, to execute on behalf of the Village a purchase money mortgage and note in the form as attached hereto. Section 2. Upon the execution of such note and mort- gage, the officers of the Village are hereby authorized and directed to deliver such mortgage and note in exchange for a -2- deed conveying to the Village good and marketable title to the Village Hall Property; such marketable title 'to be evidenced by a'title insurance policy approved by the Village Attorney. FIRST READING the 12th day of July, 1960. SECOND, FINAL READING AND PASSAGE the 9th day.of August, 19,60. • (SEAL) ATTEST: 0 0 Village Clerk -3- _ - Mayor