2012-15 Letter of Intent_ Benjamin SchoolRESOLUTION 2012 -15
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF
NORTH PALM BEACH, FLORIDA, APPROVING A LETTER OF INTENT
FOR THE SALE OF VILLAGE OWNED REAL PROPERTY LOCATED ON
THE NORTH SIDE OF CAROLINDA DRIVE AND WEST OF U.S.
HIGHWAY ONE, AS MORE PARTICULARLY DESCRIBED HEREIN, TO
THE BENJAMIN SCHOOL AND AUTHORIZING THE MAYOR TO
EXECUTE THE LETTER OF INTENT ON BEHALF OF THE VILLAGE; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Village owns a .49 acre vacant parcel of real property located on the north side
of Carolinda Drive and west of U.S. Highway One, including the adjacent right -of -way, as more
particularly described in Exhibit "A" attached hereto and incorporated herein by reference; and
WHEREAS, the Village acquired the parcel and the right -of -way from The Benjamin School in
2005 for $100,000 for the construction of a public safety facility; and
WHEREAS, the Village Council has determined that there is no longer any public need for the
construction of the public safety facility declares the parcel and the adjacent right -of -way to be
surplus property; and
WHEREAS, The Benjamin School has offered to purchase the parcel and the adjacent right -of -way
from the Village at total price of $128,000, which represents the appraised value of the property; and
WHEREAS, The Benjamin School and the Village wish to enter into a Letter of Intent setting
forth the basic terms of the transaction subject to the subsequent negotiation and execution of a
formal Contract for Purchase and Sale; and
WHEREAS, the Village Council determines that the adoption of this Resolution is in the best
interests of the citizens and residents of the Village of North Palm Beach.
NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE
OF NORTH PALM BEACH, FLORIDA, as follows:
Section 1. The foregoing recitals are ratified and are incorporated herein.
Section 2. The Village Council hereby approves a Letter of Intent for the sale of the
Carolinda parcel and adjacent right -of -way to The Benjamin School, a copy of which is attached
hereto as Exhibit `B" and incorporated herein, and authorizes the Mayor to execute the Letter of
Intent on behalf of the Village.
Section 3. This Resolution shall be effective immediately upon adoption.
PASSED AND ADOPTED THIS 9th DAY OF
(Village Seal)
ATTEST:
VILLAGE CLE
Page 1 of 2
EXHIBIT "A"
LEGAL DESCRIPTION
Parcel:
A parcel of land being a portion of Lot 6, of the Plat of Subdivision of Government Lot 8,
Section 4, Township 42 South, Range 43 East, Palm Beach County, Florida, according to the Plat
thereof, as recorded in Plat Book 18, Page 4, Public Records of Palm Beach County, Florida, and
being more particularly described as follows:
The Northerly 125 feet (measured at right angles to North boundary thereof) of the Easterly
142.27 feet of the Westerly 620 feet (Measured along North and South boundaries).
Right -of -Way:
That portion of the right -of -way for Carolinda Drive (50 feet in width and 142.27 feet in length)
located along the southern boundary of the Parcel.
Page 2 of 2
Law- o f f ur y
CASEY CIKLIN LUBITZ MARTENS & O'CONNELL
a pa - t -"sltii f'y rw f e yy� avaci&f .�
L� K da, di ck !n a vas,
e,
c�wi,yfi K e� vV, k4 k&
agma -f, p.a,
w jay
lyrv-c& g. a.Le�eao-de r,
rW--,6 rd, a4 jowaU*w, p:a,
p.a.
bria.w b: jos -{.yw, p.a.
jeradid, s• !beer, rya:
gregovy S. k i,K.o--, p.a.
j&k-- d. bo-yk i w, p.a.
c�We , a W-b z, rya,
jev,S ca iv v. wAtour
ri.e,{n.a & L.. wtav V/41, rya4
p- a,frvckl j. cage y, p:a.
b1rLa41V wV. o'covun e l L, p.a4
rLcl�d,r. c{Aav-ey, p:a.
Pkit,d. o'coKKelL, p.a,
pafrvci a, vw cN. o4iaKse,K,,clnzwup L. p4,ckzff-
p:6L
K.i J141ayj.
a(.aK, j. ci,k i4A,, p.a:
MV-ffktAV- K. fkibatf,
r bf,4 f- L craK.e-, p:a.
P, a4
r&o,a ,d, e, crvctz o-,
d eaw v-gOvu -,, p:L.
P. a4
gory wa kl, p•a,
jeffr2y i ga4+W, p:a.
Laurao zborowski,
al,4 d K. gi,roLawv
m cltiae.L j. gove-
ja yovv s ltia� el lco rw, rya
kari,v�a, ltiayco�k�
Village of North Palm Beach,
a municipal corporation
501 U.S. Highway 1
North Palm Beach, FL 33408
The Benjamin Private School, Inc.
a Florida not - for -profit corporation
11000 Ellison Wilson Road
North Palm Beach, FL 33408
Pd,Z(d.i p, d. C'W- tR L, ,,r. (1.907 -1987)
of cvvw'5'eL
vKa,cltiaeL j. p.a.
vwi.� j. p:a.
ktii- j. r"o-, p a.
kzvi.w d. wV, i ,,, �, p a.
jo-ltiw r. gou-g, p:a.
515 KO� fLogLer dri.Vf , 2o+- f .oar
W e/,�' rSai K- btV-C (,v, f LOri,01, 33401 -4343
f P,LQ,��n o K eJ (561) 832 -5900
(561) 833 -4209
December 21, 2011
Re: Village of North Palm Beach Sale to The Benjamin SchooFCarolinda Property
LETTER OF INTENT
This Letter of Intent is by and between the Village of North Palm Beach ( "Seller " / "Village ")
and The Benjamin School ( "Buyer " / "School'). The purpose of this Letter of Intent is to set forth the
Village of North Palm Beach
The Benjamin Private School
December 21, 2011
Page 2
terms and conditions of a possible sale and purchase by and between the parties as described herein
below. This Letter of Intent is nonbinding and the terms of any purchase and sale are subject to a
Contract for Sale and Purchase ( "Contract ") to be negotiated and executed by the parties upon mutual
agreement.
Background
In November 2005, The Benjamin School sold to the Village property located on Carolinda
Drive by virtue of Warranty and Quit Claim Deeds, both dated November 18, 2005 and recorded in
ORB 19575, Page 1849 and ORB 19575, Page 1851, Public Records of Palm Beach County. In March
2006, the School deeded the property described in the Quit Claim Deed recorded in ORB 20078, Page
0524, Public Records of Palm Beach County (the "Property"). The sales price paid by the Village for
the Property was $100,000.00. The school has offered to purchase the Property back from the Village
for $128,000.00. Conveyance by the Seller to the Buyer shall be in the same form as the original
conveyance in 2005. Seller shall deliver marketable title to Buyer at Closing free and clear of
encumbrances.
Purchase Price
The purchase price of the Property shall be One Hundred Twenty Eighty Thousand Dollars
($128,000.00). The deposit shall be Five Thousand Dollars ($5,000.00) to be held in trust by the Village
Attorney.
Closing
The closing shall take place thirty (30) days after the pending zoning application by the School is
approved by the Village.
Closing Costs
Closing costs, including documentary stamps, an owner's title insurance policy and related title
insurance charges shall be paid by Buyer. The party paying for the title insurance shall choose the
closing agent.
By execution of this Letter of Intent, the parties agree that the terms set forth herein form the
basis for a Contract for Sale and Purchase acknowledging, however, that these terms are nonbinding
until a Contract for Sale and Purchase is fully executed by and between the parties.
SELLER: BUYER:
V. lage of North Palm Beach The Benjamin School
µml /�- Z t
Village of North Palm Beach
The Benjamin Private School
December 21, 2011
Page 3
Print N me
&WLAZ-- ,�/f .�
Date
(�0f4-14- GOO 66A6-- —64-99 oC` s� �
Print Name
�-( I:
Da e