Title
Bartley Temple Contract (B)
This item involves consideration of a request to revise a contract between Bartley Temple United Methodist Church and the City of Gainesville.
Explanation
To upgrade NE 19th Terrace, additional right-of-way (ROW) was needed. The City approached Bartley Temple United Methodist Church and a Contract for Sale and Purchase between Bartley Temple and the City of Gainesville was executed on October 14, 2006 (see attached signed Contract). In exchange for Lot 74 of the Pine Ridge Subdivision, the west ½ of Tax Parcel 10733-073-000 (3,741 square feet) owned by Bartley Temple, the City would petition the Plan Board and City Commission to vacate the right of way known as Northeast 8th Place and execute a deed granting Bartley Temple the east ½ of Lots 25, 36, 37, 48, 49, 60, 61, and 72 of the Pine Ridge Subdivision (totaling 16,008 square feet), which the City had to acquire. The ordinance vacating the right of way of Northeast 8th Place was passed and signed on May 14, 2007, adding an additional 3,000 square feet. The deed conveying the east ½ of Lots 25, 36, 37, 48, 49, 60, 61, and 72 of the Pine Ridge Subdivision to Bartley Temple was executed by the Mayor on November 6, 2007 and awaits the deed from Bartley Temple for Lot 74 in exchange. See attachment labeled "Current Contract" for a map.
During the time required for completion of the contract, Bartley Temple asserted that there was a misunderstanding between Bartley Temple and the City. Bartley Temple asserted that it had always been their intent to have a usable parking area upon completion of the land swap. Bartley Temple, therefore, requested that the existing contract be revised so that they would have funds to pave a parking area on their land. This assertion and request led to further negotiations between the City and the Bartley Temple resulting in the following option being provided for Commission consideration:
Revised Contract Option
1) Bartley Temple will convey Lot 74 of the Pine Ridge Subdivision to the City of Gainesville (the West ½ of Tax Parcel 10733-073-000).
2) Bartley Temple will convey Lot 6, Block D, Thomas-Steenburg Subdivision, the North ½ of Tax Parcel 10789-000-000, by Warranty Deed, to the City of Gainesville. (This lot was not part of the original contract).
3) The City of Gainesville will convey to Bartley Temple the East 43.5 feet of Lot 37, South of the Westerly projection of the South line of Lot 6, Block D. Thomas-Steenburg Subdivision and the East 43.5 feet of Lots 48, 49, 60, 61, and 72, Pine Ridge Subdivision, by Special Warranty Deed. (The original contract requires the City to convey the remainder of Lot 37 as well as lots 36 and 25 to Bartley Temple in addition to the lots listed above. If the Commission approves the revised contract these lots will be retained by the City).
4) The City of Gainesville agrees to pay Bartley Temple a total of $60,000 in consideration for the purchase of Lot 6 and other good and valuable consideration. Bartley Temple intends to use these additional funds to construct their parking facility.
See the attachment labeled "Modified Contract" for a map reflecting the revised contract option. A revised contract is also attached.
Fiscal Note
Funding in the amount of $60,000 is available in the NE 19th Terrace project account.
Recommendation
Recommended Motion: If the City Commission concurs that there was a misunderstanding, the Commission should authorize the City Manager to execute the revised contract and proceed with actions that will result in full execution of the revised contract.
Alternative Recommendation: The City Commission direct the City Manager not to amend the current contract and proceed with actions that will result in full execution of the current contract.