Item Coversheet

CITY OF RIVIERA BEACH CITY COUNCIL
AGENDA ITEM SUMMARY

Meeting Date: 11/4/2020 
Agenda Category:REGULAR RESOLUTION

Subject: 

A RESOLUTION OF THE CITY OF RIVIERA BEACH, PALM BEACH COUNTY, FLORIDA, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A COMMERCIAL CONTRACT AND ALL NECESSARY DOCUMENTS, FOR THE ACQUISITION OF REAL PROPERTY LOCATED AT 2129 N. CONGRESS AVENUE, PALM BEACH COUNTY PARCEL CONTROL NUMBER 56-43-42-30-16-000-0800, (CONGRESS PARK LOT 8, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 52, PAGE 197, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA) FROM J.D. EATHERLY REVOCABLE LIVING TRUST, BY J.D. EATHERLY AS TRUSTEE, IN THE AMOUNT OF TWO MILLION TWO HUNDRED THOUSAND DOLLARS ($2,200,000) PLUS CLOSING COSTS FOR THE PURPOSE OF DEVELOPING A MUNICIPAL SERVICE COMPLEX; AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE THE COMMERCIAL CONTRACT FOR SAID PROPERTY; AUTHORIZING THE DIRECTOR OF FINANCE TO MAKE PAYMENT OF  TWO MILLION TWO HUNDRED THOUSAND DOLLARS ($2,200,000) PLUS CLOSING COSTS FROM PROJECT NUMBER 18034 UNDER THE TERMS OF THE COMMERCIAL CONTRACT; AND PROVIDING FOR AN EFFECTIVE DATE.


Recommendation/Motion: The Office of the City Attorney recommends approval of this Resolution.

Originating Dept City Attorney  Costs $2,200,000 plus closing costs 
User Dept. Funding Source
AdvertisedNo Budget Account Number
Date   
Paper   
Affected PartiesNot Required   

Background/Summary: 

The City of Riviera Beach is in need of a municipal services complex that can accommodate the City Library, as well as the Youth Empowerment Program, and offer a flexible space for other City operations and activities.

 

On the April 15, 2020, at the regular City Council meeting, City staff identified an ideal property located at 2129 N. Congress Avenue, more particularly  described  as  Palm  Beach  County  Parcel  Control Number: 56 - 43- 42 - 30 - 16 - 000 0800.

 

Thereafter, on June 3, 2020, the City Council authorized the City Manager to conduct negotiations for the acquisition of the subject real property.

 

City staff has concluded negotiations with the respective owner, J.D. Eatherly Revocable Living Trust, by J.D. Eatherly as Trustee, to enter into a Commercial Contract (hereinafter “Commercial Contract”) for Two Million, Two Hundred Thousand Dollars ($2,200,000) plus closing costs for the acquisition of the subject parcel located at 2129 N. Congress Avenue, Riviera Beach, FL, more particularly  described  as  Palm  Beach  County  Parcel  Control Number: 56 - 43- 42 - 30 - 16- 000 0800, CONGRESS PARK LOT 8, according to the Plat thereof, as recorded in Plat Book 30705, Page 1281, of the Public Records of Palm Beach County, Florida.

 

City staff believes that the Commercial Contract will satisfy the City’s desire to relocate the City Library and Youth Empowerment Program while the new construction of Library facilities is under way, thereby providing additional services to the community through education, workforce development and community engagement.

 

City staff also believes that the Commercial Contract will provide a flexible space upon the construction of the new Library to accommodate other City operations during the City’s capital construction initiatives.

 

The City will have an inspection period referred to as a Due Diligence Period, commencing on the date of the Commercial Contract through 5:00P.M. on the thirtieth (30th) day following the Effective Date to inspect and evaluate the physical and other conditions of or with respect to the property, including an inspection of the structural conditions and an environmental assessment thereof, with the Buyer having the obligation to deliver written notice to the Seller prior to the expiration of the Due Diligence Period of Buyer’s determination of whether or not the Property is acceptable.

 

The subject property is currently leased to Strides Pharma, Inc. (hereinafter “Tenant”). However, the Tenant and the City have agreed to an early termination of the Lease without the payment of any fees or penalties, as documented in the Escrow Agreement.

 

The Closing Date is scheduled within seventy five (75) days of the Effective Date of the Contract.

 

City staff also believes that the Commercial Contract will provide a great benefit to the entire citizenry of Riviera Beach and allow the Library Department facilities and other City operations to be greatly improved and upgraded.

 
Fiscal Years
Capital Expenditures
Operating Costs
External Revenues
Program Income (city)
In-kind Match (city) 
Net Fiscal Impact
NO. Additional FTE Positions
(cumulative)

III. Review Comments

A. Finance Department Comments:
 
B. Purchasing/Intergovernmental Relations/Grants Comments:
 
C. Department Director Review:
Contract Start Date 
Contract End Date
Renewal Start Date
Renewal End Date
Number of 12 month terms this renewal
Dollar Amount
Contractor Company Name
Contractor Contact
Contractor Address
Contractor Phone Number
Contractor Email
Type of Contract
Describe
ATTACHMENTS:
File NameDescriptionUpload DateType
Memo_to_Mayor_and_CC_Sale_and_Purchase_2129_N._Congress.docxMemo to Mayor and CC to Authorize Commercial Contract 2129 N. Congress Avenue10/23/2020Cover Memo
CA-Resolution_No_103-20_2129_N._Congress-11.3.20.pdfResolution No 103-20 Authorizing Commercial Contract 2129 N. Congress Ave,11/3/2020Resolution
CA-Contract_2129_Congress_exe_Seller_corrected-11.4.2020.pdfContract for 2129 Congress11/3/2020Backup Material
REVIEWERS:
DepartmentReviewerActionDate
AttorneyWynn, DawnApproved10/23/2020 - 5:00 PM
PurchasingPemsel, AltheaApproved10/25/2020 - 7:03 PM
Financesherman, randyApproved10/28/2020 - 10:48 AM
AttorneyWynn, DawnApproved10/28/2020 - 12:29 PM
City ClerkRobinson, ClaudeneApproved10/28/2020 - 12:44 PM
City ManagerJacobs, DeirdreApproved10/28/2020 - 7:35 PM