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Res 31-10
RESOLUTION NO. 31-10 A RESOLUTION OF THE CITY COMMISSION OF THE CI'T'Y OF DELRAY BEACH, FLORIDA, AUTHORT~~ING THE CITY T(} ACQUIRE CERTASN REAL PROPERTY IN PALI4I BEACH COLtNTY, FLORIDA, AS DESCRIBED HEREIN, HEREBY INCOIiPORATTNG AND ACCEPTING THE COI~t7"RACT STATING THE TERMS AND CONDITIONS FOR THE SALE AND PUR~'HASE FROM LOLA JONES, SELLER, TO THE CITY' OF DELRAY BEACH, FLORIDA. V~JTiEREAS, the City of Delray Beach, Florida, wishes to acquire certain property located at 118 S.W. 6~' Street, Delray Beach, Florida; and V~JHEREAS, it is in the best interest of the City of Delray J3`each, Florida, to purchase said property for the municipal purposes. NOW, THEREFORE, BE IT ORDA,TNED BY TTIE CITY COMMISSION OF 'T'HE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: ection 1, That the City Commission of the City of Delray Beach, Florida, as Buyer, hereby agrees to purchase the property described herein from the Seller, for the purchase price of Eighty-Two Thousand Five Hundred Dollars ($82;SOQ.Ot}}, said property being described as follows: Sellers Add I:Meiray Beach East 12.5 ft. of Lot 9 and all of Lot 10, Section 2. That the terms and conditions Contained in the Contract for Sale and Purchase and addenda thereto between the City of Delray Beach, Florida, and the Seller as hereinabove named are incorporated herein as E;~chibit "A", PASSED AND ADOPTED in regular sesaion on the ~ y ~ , lU. TTE ~~~~ ~, \ ~~ M A Y b R City Clerk ~J CONTRACT Ft}R SAYE At~Q PtJRCHA$E shall buy the faitawir~ descstlbad Real Property and Persona! Property {calleciively "Pranartv~9 upon the fa}lawing terms and candttlans, which INCLUt3E the Standards• for Real Estate Transactions C'Standardfs}~} on the reverse side hereof ar attached hereto and riders and any addenda to this Contract for Sate and Purchase L~~ DESCRIPTIQN: 11S Southwest 6~' Street Delray Beach, Fltxtda s3+tca Legal descrlpilon of the Real Property toasted in Patm Beach County, Florida: Salters Add Delray Beach Easi 1'2.6 ft. of Let g and all of Lo# 10. PURCHASE PRICE $82,60tIa0t} Ill. TIME t=flR ACCEPTANCE; EFFECTIVE DATE; FACSIMILE: If this offer is nat executed by and delhrered to all parties OR FACT OF l= UTl©N communicated in v~mlring between the parties an or before June 1t}, 2044, this affar may' be withdrawn: The dais of Contract { " E f f a c t i v e Date ") wtii be the date when the last ana of the Buyer and the Seller has signed this offer. A facsimile copy of this Contract and any signaiurss thereon shalt ba canstdered far all purpQSes as artginais. IV. TITLE EVIDENCE: Priorto closing, Buyer may, at Boyar's expense, obtaM a tote insurance commltmeri# and, after closing, an owner's paiicy of gtle insurance. V. CLQSING DATE: This transactlan shalt ba clasad and the dead and ether cEasing papers delivered wlihin sixty {80} calendar days foltowtng the execution of this Contrail, uNess m~odlf#ed by ether pravisiar-s of this Contract, Vl. RESTI;rICTtt7NS; EASEMr=WTS; L[MtTATiCiNS: Buyer shaft take gila subJect to; oamprehanslve land use plans, zoning, resirictlans, prohibixians and other requtremanis imposed by governmental authority; resir3ctlans and matters appaaring on the plat or otherwise common to the subdlvislon; and public utility easements of record. Vlt. OCCUPANCY: Sutler warrants there are ~ parties M occupancy ether than Setter; but if Property is Intended to be rented ar acxupied bayand Basing, the fact ar~d terms thereof and the tenants) or acaapants shall be disciasad pursuant to Standard F, Seller shall deliver accupanay of Prapetty W Buyer at time of Basing unless otherwise stated herein. If occupancy is to be detivereui trefara Biasing, Buyer assumes all risk of lass #o Property from dais of occupancy, shall ba responsible and Itable far malntenanoe from that date, and shalt ba deemed to have accept+~l Property In Its existing condition as of time cd taking occupancy unless otherwise stated herein. VIII. TYPEWRITTEN DR HANDWRITTEN PROM&tt?NS: Typewritian ~ handwritten pravtsions, riders and addenda shaA control aft prinfed previsions of the Contract In cartfiEct with them. tX. ASSIGNABILITY: {CHECK C}NLY QNE}: Boyar {1') may asstgn and thereby tee released from any further Ilabillty under this Contract; may assign but net be released Pram iiablilry under this Contract; or ~_ may not assign thks Contract. X. SPECIAL.CLAUSES; ADtaEPIDA; ft additional farms are t0 be provided, attach addendum and CHECK HERE ~_ . CITY OF DEt_RAY BEACH , ~. fp~ ~ . ~ !~ ~ S Tax ID. Tax tD Na. EXHIBIT aA'r Res No. 31-10 ACi.DENt3UM TC3 trflNTRACT F13R SALE AtdD PURCHASE Bt1YER: CITY t?F DELRAY BEACH PR©PERTY AEfORlrSS: 14t3 SW ~~' Street, Oetray Beach, Ftarida X. 8PECtAt_ CLAUSES; At'~DENDA {ConBnued}: A. FOREIGN INVESTMENT tN REAL PROPERTY TA3C ACT ~"FIRPTA"}. The partlss sha11 comply with the provisions of IntemaE Revenue Cade Section 1445 and applicable Treasury Regulations Issued thereunder. !f the Setler is a U.S. person for Internal Revenue Cade Seotion 1445 purposes, then on demand of the Buyer and prbr to closing the Se11er shad provide the Buyer with a certifcate of nan- foreign status in the manner provided (n Treasury Regulations Sactian 1.1445-2. If the Seller provides the Buyer with such certificate, and if the Buyer is otherwise permitted to rely on such certificate under those Regulations, the buyer shall net wtthtxtld under Internal Revenue Cade Sect~n 1445. If the Se11er is a Yoretgn person' as defined by the internal Revenue Code, the Buyer generally Es required to withhakf 1t1~'/o a€ the gross sates price from. the Setler at dosing and #a pay the withheld amount over to the Interne! Revenue Service {IRS) unless an applicable exempt(on from withholding or a limitation on the amount to be withheld is available. To the extent that the sash to be paid over to the Sailer at closing is insufficient to saver the Buyer's withholding abltgat(on, the Seller shall provide to the Buyer s# closing cash squat to such excess frrr purposes of making such withholding payment. If the Seller's federal income tax an the gain (s less than the applicable withholding amount, the Setter may make advance application to the. lRS far reduced withholding and, ff granted, the Buyer shall withhold only the authorized reduced amount. if such ruing has not been received by dosing, the parties at olasing shall enter into an escrow agreement reasonably satisfactory to the Buyer and Satter pending receipt of the ruling, provided that at closing the Seller shall have the abiigatlon to provide #o the escrow agent from the closing proceeds (ar from the Seller's other resources !f r:ecessary} cash equal to khe maximum required withhaldir~, with any excess withholding tieing refundable to 'the Seiler upon receipt of a favorable ruling from the IRS. Buyer and Seller understand that the IRS requires the Buyer and the Seller to have a U.S. federal taxpayer Wentlflca#lon number and to supply that number on the foregoing farms. A foreign Individual may acquire an lntsrnatlanal Taxpayer Identification Numberf€~r this purpose. Since 1k may take several weeks- to receive the number after appltcatlan and the IRS wilt not process these forms without the actual number, a party lacking a T!N is advised to apply immediately. B. The Buyer shall crave sixty (6p} calendar days within wh(r~t to conduct any and sit feasibility studies and deterrntnations relative to the sultabl8ty for tine acquistttan of the subject property by the Buyer and the Buyer reserves the express right is terrrtlnate this Contract at any #ime during said period fear any reason or no reason, in Buyers sate d(stxetian, whereupon Buyer shall receh+e a full rerfund of all deposit monies paid hereunder. BuYar shall be granted reasanabte access to the premises to ccxxiuct such feasibility studies and determinatlons, indudirag envlranmental assays, core drlNing, surveys, soil sampling and other such tesiing. C. This Contract is expressly con#ingent and conditioned upon the approve! of She sums by the City Corrrmisslon csf the CItY of Delray Beach. f3. The parties represent and warrant that there is na broker lnvoived In this transactlan to wham a camm(sslon would be due., Res No. 31-10 STANDARDS FOR REAL ESTATE TR.ANSACTIOi~S ayaopsia o2 th't instruments affecting titia to Real Property recorded iri the public raearda of the cau»ty wherein Rtai Property to located, through S#ftctlve oats. It shall coaaonce with the tnrlieet public records, yr ouch lattr Batt as may btr cuetvmary is the county, 11pan o]vatog of this Cmrtraot, the abat.rnat ahal] becrome thtr prgparty of Buyer, subject to' the right of rotentiari thereof by lira[ mortgagee until [ally paid. (sl A' kitle ineuranc• aammitaent issued by a Florida Sisar-sa¢ title inaurar agrsting to iraua tv Buyer, upon recording of tlN deed to avyar, ati vsvner'a policy a£ titia inauranee in the aaCVUt of the purE:he9E pYitre, insuring 8uyez'e titls to Raul Property, subjtst tmly to liens, ancumbranctr~i, exceptions qr quallPicatloa provided in khia Contrast and tbaae whieb aba11 be diaohnrgsd by Boller at or btfore cloai»g, BeTltr shall Canvty a maxketabl't till[ subject only to liena~, encundirancta, axcxpt~ions ar qualifiaetiona not forth in Gbntragt. ras"rkecable title ehal] 4e datesmined nccarding t~v applicahie T#tie Staadarda,adoptad by eurthority erf Yha Fiarida Bar and in' accordance cKth few. Sayer ahail Nava 94 dayr, iP abstract, or. 5 days, SE title coa~itatnt, [tour ¢att of rcativi'ng evidtrnee of title! to ertamirst !t. It kitle. is Eonrrid dtrfactive, Buyer shall, wlthi» 3 days thazeaEter, notify sailor in irriti»g, apecilying detacttsi, ]f the dtrfeat(ai renC~r tint uc~arrcetabie, 8e11ar will have ]4 daya~ from receipt o[ nvti'ee to Y+eeAVe the detact(a}, failing whisk Buyer shall, withie. live t5} ~yg,after trrpiratioa of th@ thing i30:} day pgrlad, dalivtrr writtitrrt notictr to Sailer either, (1} extending the time far a resaonabla period not to exceed SSC days within whisk Seller shall vat diltgenc .et£ort to reaXrve the dtf+ectar or is}requesting n rafv»d of deposit (s} paid which a2rail ieaeediately btr returned to eu]ror. IE euyar fafls tv av notify 8elier, aityer chaff be daemtrd tp have ascaptad the title as it than !a. Seller chaff, it titles 15 found unmarketab]c, utra diligank effort to correak defect (s} ire title' within the time provided thea^efore IE 8tlier ie unable to timely coerce[ the dafecta, Suyar shall tither waive tht datactA, os race{~ a refund of depoaitlsl. thtreby releasii-g Svytr and eelipr trGrm all fuxEhtr cilriigation u»der thin Contract. e,---~ROx+-aC-usl~v--~a C. soRVBtr Huytr, at g~yer'a axpsnse, within fiat allowed to deliver evidtnear of title, may hoot Rnal Propesty ausvayed x»d csstified by a ztrgist,ersd pd"orida attrvayarr, Tf tiitr alrrwty Aiacloeaa encroachments em th* Rtal Prrty or that impr<mme»ts located thereon encroach on attback lirusn. eeaamante, ]coda of ochtra, or vtplata any restrictions., Contract covaru»ts err app3lcable goverrn~ntal regulation, the coma shall constitute a titlt Atrfact, itiai i--~ha„e--el~t b. IH4>t658 ham' BAiuCaBa seller warrants a»d repztaeata that tisara is i»~rtas and rgrtea to the Raa1 Prsaparty wft3cient far lire lntendad uaa as deesribad in I+aragraph YI htrravt, title. to which ie is accordance with standard A. P. LEa888r 8elier rhail, rxrt lass than 16 days before aloaing, furnish to Buyer copies of all written ]taatrs and •atoppel ]ettara from aeon tenant apa'cifying the. nstura a»d duration of .the tanant'Y occupasssy, rental rates, advamead rent arat Security d~oaits paid by ta'naist. IL Seller !a uaabltr Go obtain suctr lottaz fecal sash tenant, the acme 1ttf4rmativrr ahali be furnisbad by 6elier to Buyer witb!'n Shat time period !n the [arm of n aelier'^ atiidevi.t, and 8uytrr may tharaafter contact tananta to t~oaEixm tusk tnfozsnatiatr, seller ahail, at sloatng, dclivar and esaig» ail arigidnl ]eastrs to SvYar. d, I,SCHSr Sailer shall tarnish to Buyer at time of closing an affidavit attaeting to the abaance, unieas atherwiaa provided for trertrin; of any 'financing atataet»ta, claims of lion or pottntia] lienora k»awn to cellar and fuzther attaating. thak [hare have [roan na improvoaenta ar rapaira to 8roptrty for 50 deya iaaadiataly preceding data a£ closing., 2f Property has bean isprovad, or repaired within that time, Salletr s#iall deliver raleaaes ar sadvera of rnechaesisa' ]ienr executtd by ri1] genexral ettartrectora, eubcootractora, aupplitra, and materialnen in additicnt to Bailer's ]lets affidavit netting forth the naersa of all ouch general cantraetors, suboantrastarn, auppliera and eurteriaimarr end Gurther af2iradag that all ahargas for ingrrovementa ai- repairs which could carve aa. a basis tor' n anechanic'e 13e» qr a claim for damegma have bsen paid or will be' pwrid at eloeing of this Contract. Res No. 37-10 N. PLACx Of' Ct,081NOr Closing stall be held in the county where Rsat Property is located, st the attics of the attamay or other siaaing agent designated by Seller. 1. TINxr In camnutina .time oeriada of lees than six t6S dava. Baturdava, Bundavn and stets or national leaal J. DOQ'1Bix6iTY /QR CtA82lWt Seller shall furnish dead; bill at sale, nonerructiws Tian affidavit, ownar•a paeeseaion affidavit, and corrective lnatrusents. Buyer shall furnish slowing statement, K. sKiKNgssr Ai~iumantary stamps on the dead and ra+mrding corrective itratcuawnts stall. be paid by 8.sller, Unless othazwiae providrd by law or rider Co this Cantraot, charger Cor 'the Ca33owing xalstad title aarvicea, namely title or abstract charge, title axnaainstion, end stttleesslrt and c'laaing fe#, shall b'e paid by the party re'sponsibla [or' turniariiug the. title evidence in atsordanse with Paragraph Iv, L. PRd'B7tT1CiiSr CR=DITBr Tnxea, assaeaments, lntareat, in9urante and atlr+tr expeneiea and 'revenue of Pxapeity shall be prorated through day bstorq closing. Buyer ehnil3 hays 'the option of taking over any existing paliaiea of insurance, ii aasumariie, in which avant premiums shall be prorated. Cash. at e,loring stall bs insraasad ax decreased as may tie xaayuired by ptroretiana to be wide through day prior to cla4lrrg ax oacnpancy 1f oeaupancy occurs brfare clawing. Advance rant and eecurlty deposits sill be cradi:ted to Suyes. Bacraw depnsitp held by mortgagee x311 he .credited to Seller. Texas aha31 be prorated based on the .current yaarra bnx with due slloxanre wads tai maximum ailowab3# diecotutt, hoseataad sad other rxessrtiana. Ii closing aaaucr at a date when iht current year's miiinge is not fixed, and uurrenk yaar•a assessment la nvaiinble, texas will be pmrattd based upon ouch asneaamsnt and the prier year's millagn. If current ytar•a assessment is not available, Lhen taxes will be prbratod an the prior ysar•a tsz. IC tlist~ ode completed improwmentsr on Rest Prsparty by January let of year of ciosi»g, which impxnvtme»ta ware not in axiatense on Jateuary 1st of the prior year, then taxes shall lie prorated based upon the prior year~a miilage grid at an rquitabie assessment to be agreed peon between the parties, tailing wnlen, regusgt will 'bt made to [ifs County Property Appraienr for an informal asseaaa+afft taking into cansidaxation nvnilable esemptionr. 1-try Cax prnrntion fused on an estiesate .shall, nt request of .either party, ba raadjuatrd upon receipt of tale bill an condition that a atatemant to that aftrat is sign+sd at cloning. K, BPKCTIIL Aa6iQat[xKT LlKltar Certi#iad, confirmed and ratified special nsaeaemerit liana na of data at closing fast ae of Effaatlve Ants} nre to.~ paid by Behar. Pending liens ae of dais of olaeing shall be aesuned by Buyer. iE the impravampnt has been suhatantially aompleced ae of lstfse'tive Rata, nny pending lion shall tie considered as certitird, canfixsad ar ratified and Seller shall, at eloainS, ~ charged an amount equal to the last estimate of asaaasaront Car the impxtwrwmsnt by the public body. H. 1baPxc`rroR, RsParx ono tfklNT~iatiCte Seller aarranta that, as of 10 days prier to sioaiug, tbt ceiling, crooE (including the fnrsin :nd saffita9. end exterior and tat+.rior walla, taarkintion, arawnlls tot• equivalanti and ciockaga do trot have any Y18IB3+8 EYiDENCB of irnka, venter dasiage or #truckugal damage nod- that the septic tank, pool, all agpiiancks., meshnnical stases, heating, coaling., aiectri:oal, plumbing systems end machinery era in 86R1fINg CpN1iiT3r?H, The Coregaicrg warranty shall be 11a1ted to the ikcros specified unless atharwias pmvldsd in an addendum. Buyer may, at BuysrFs expense, 'haw inspsatiana m&da of these items by a 'firm ar individual epaeinliring in horns inepectians and }molding nn aecu~tional Iiaenaa far each purpose of required? or by an appropriately licsnesd f9orida wntcsctor, Birysr shall, prior .ta 8uyerrs occupancy or cwt le^e Chan 14 days prier tai closing, whichever aacurs !?r=at, report is writing to S:?lax sash iCSmr that do not meat the above standards as to defects, Unless sayer tissly reports such defeats, Butner shall bt dremeb to hays waived: Ballerra warraatiea as 'to drCests not 'reported. If repairs ar rapiacement axe xssquired to aosgeiy with thin Standard, Bsllsr shall cause Grieve to be sa'dc and ahtfld pay up to the account provided in 4aragrspb tbs. Seller is riot required Go ank+e repairs ar replaeaserrts of n cosmetic 'nature unites ceeured try a detect seller is reapexfaib3e to repair or reglnct, IC the cant of 'rush repair ar taeplaesinsnt exceeds the amount ptrovidrd in Paragraph fbi, Buyer or Sailer may alset ko gay such excess, Ceiling which 'eixber party may cancel thiq Contract. It arller is unable to correct the defects prier to dosing, the cast thereof ehal] be paid into ea~crow nt closing. Seller shall, upon reaaoneble notice, provide utilities sarvict nrtd access to file Prt,parcy fen; inrpectiona, including ,o walk-through prior eo elosi~, to canfitta that all items of Parnanati Property nre on the Real Property and, subject to the taregaing, that all required repairs and replaceacents haw Haan made and that the Property, including but net limit:ii to, lawn, ahrubbexy and pool, if any, hna bean mnibtainsd in the condition existing as at 8ffective hate, ordinary wear and ttnr•excepted. o. RISK Of' LOSSt Tf the Property is damaged by fire ar other casualty before cloaireg and coat of reatoratian doer net excaad 3y aC the aaseastd valvatian of the Piciparty ao damaged, peat df rsatozation rirall be an obligation of >khe Stllrr and elasisag shall prosee8 pursuant to kiss 'taa~+ of Contract with reatorat'ion casts aacrawed at slaaing. It the salt of rsatorntiaa exe:eeda 3.4 of the asraseted valuation of 'the improvecaenta so 6s+oaged, Buyer stall beer the opkian of tither inking P~pertY as ia, togetaar with either Cris 1~ or say insuranct pxoceeda payable by virtue oG such ices or damage, or of oaacsliag Contract and reaeivi~ return of depaslttel. P. PicoC.xxDa iu 8al.ltt CLAaIffd PRaCSDCREr Tria deed stall >m recorded upon clearance at funds. It an. abetrect of title hoe tx:en furnished, evidsncr of title shall bs sontinuad at suyer~s expinat to show titlt in sayer, without any attcucobrancea or change which xauld render Seller's title utunarkekabie fra» the data pf the Sart avids»ce. All cloning pr-aceeds shall be held in'eacrar by Sellar•a attorney ar other autw,ily apceptablr escrow agent for a period of not morn than 5 days after slaving Bats. It Se11er•a tltit is rendered umm~rketabla, triraugh no fault of BuyeC, Suyar shall, wit111n the 5 day period, notify Bellpr in writing of thr defeat and Seller snail have 3o days fray daft at rene.ipt of such notiti'catian to cure the defect. If Seller fails ta• eimtiy sure the detect, ail depoaitls) shall, upon written demand by Suyar and withih 5 days attar drmand, bs retuxnsd to Buyer and aisarltantoualy Kith such rapaycaent, suyex shal'1 return Parsonaity and vaants Rwtl Pxperty and reoonvey the Prupsrty'to &#llex by apesial waxranty dead and bi12 of sai.s. if Buyer fails to saki timely dcnes-nd for refund, Buysx shall take title ar is, waiving n11 rights against Se21er as.ta nny intaxvaning de#eat axexpt as may be aveilablt to sayer by virtue of warrantitn contained in the dttd ar bill of sale. 2t a Res No. 31-10 portion of the purchase price !'s.to ba derived trom inatitvtional financing or refinancing, requirsmenta of thr lendi>~ insti.tutlon as to place, eime of day and prorxdurea for c1oaing, and for dialsurseakent o[ moatgage proceeds shall control aver caaGrary proviaian in tisia @ontract. Stiller shall hour the right to require from the lendino instituti..on a xritten camaeitment ti:at it viii scat xithhaid disbursement of mortgage prooetda as a may 4, 88CR4Nr Arty eacrox agent {"Agent') racnivipg fubds ar nQuivalept is eutbori.sed and agrees by aeceptanbe of them to deposit them promptly, hold aaaie fn s^crax end, aubjeat to alearanoe, disburse them in aacordancs xith terms and cnnditiona of Contrast, fiailure at clearance of Luuda shall not excuse Huyares pertozsance. tf in doubt tie to Agantes dutlea mr iiabiiitiea vncMer the provisions of Conts~aae, Agent may, at AganC'e optl.oh, spnsinata to hold the a)sbject matter ai the escxxw until the partiza hex'eta agree tss its disburaeQant, or until a judgment of a :court of eompaceat juriedietion shall datesYnino t3ae rights of the parties sxr Agent may deposit xlth the elerk of the airauit court having juri~adiction at the dispute, upon no;iEying all parties atrncarnad at sash agtion, all liability on tSis paYC of Agent ahaIl fully terrrtinate, except to the extent of ascountiap far any itetas previously delivered out of eecrew. If a licensed real estate broker, Agent rill sonply with proviaiana. of Cbepter 495. F.S., aie amexrded. Any suit Yietxeen Buyer and Seiler whets Agent is made a pasty beealrse of acting as Agarrt hereunder, or is any suit xherein l~gent iatarpleads the subject matter of the eacrox; Agent shall recover reasanabla actoznayee fees' end coats lscui~red with these amounts to by path tree and but .of the escrowed tunda or equivalent and charged and srar±ded. as caart costa iax favor at the preveiligg party. Sire Agent aha12 not bt liabie to any party or parson for miedeliveiy to Huger ar Seller of items subject to thi: eacrox, unless such aiedalivery fa due to wSiitul branch of santraat qr graaa neglignnoe of Agent, @. TAILOAi 41 rsRr4R-)A1)caa If Buyer tails to perform Chia 4ontraCt withiu rise time apecitted itnciVe)iaq payment of ail depoeitlal3., the depaaie'{aj .paid 3,y 3luyar and depwitla3 agreed to be paid, .any be recave.red•aad retained by or Ear the account of Seliar tie agreed upon liquidated demtigeer considnratiaa Cot the exeoution bt thi• Csrxttraet snd in tail settlement. of say claiasl whereupon, Buyer and Seiler shall ba ralinved of nli abligatione nn'der Contract; ar Seller, at 8nl.lex''s option, may .proceed in equity to nnforce Saiisr's rigista under t)ri's Contract, IE, Eor any reason other then Esiiure oI Seller to make Saller'a title marketable aftex iiiligant eEfort+ Seller tails, eragletta OC refpsea to perform this f5orstract, th+e auger may enak apacitic perEOStinance ar elect to receive tine return of 8uyer'a depo:itta) xitnniet thereby waiv3a$ axry.actiaa tar daenegea resulting from Sellers breach, T. C4NTAAC? N4't R8C4RD113lLn- PDA801{9 HCike2D) MOTSCEe haithar rhea Catitrsot tsar any notice of it •isali tre retarded i.rr any pulalir rseords. Tbis_ Contrast shall bind and inure ta' the Lnnsfit at the parties and their auceeasora~ in internat. Mhenever the cant.arxt pesmita, singular obeli include piurai and one gender shall lnclruin all, Notice gi'vnn by or to the attorney for aray party shall be as affective .,ia if given by or to that party. il. OONYaYAitCEe Salley snail convey title to Real property by paraanty nand, aubjsot .only to mnttera contained to Paragraph Y2 and tkose.at~rxise acceptaii by-HUyer. Personal property ehaLl, at request of Huysr, be transfarrad by as absblut,e bill of safe with xerranty of title, suDjaco oxrly to suesh,eaattara as rosy be othetwiaa prbvidad Eor larein. Y, O?HSR XOR881iatfTSe tta prior or yraaent agreemanta ar repraeentatiana mall l~ bixxding upon Huger ar Bailer anises included in this Contract. No maditieatian ar chenga in this Contract ehali be ra1Sd or binding u~r the pertiea ruxleas.in xriting and executed by tbn party or parties intended to be bound by St. Y). EIARRAt1?IiSBx Sellnt` warrants that there am na facts knaxn to Seller matarial'jy affecting the value of thn property whioh are not readily observable by Buyer ar which have net bean diaclased Co Buyer. Res No. 31-10 i~N~n~a~i~~n~uiih~a~~iN~~o~ ~~ C:FN '~1 QMt?ts'71 1 E.1 CIF,' Et 1{ :t:3'~ E.~t F' Ca 1 _°~8 vt RECORDfiU 07/13/1Q110 1E~:1 a:18 Palu Reach County, Florida A?lT 81.500.00 Uac Stoup 577.50 Sharon R. Rock, CLERK b C.GIIPTRGLLfiR Pgs 1583 - 1589 ; t '7"pgs ) This instrument was prepared by and RETURN TO: Steven D. Rubin, Esq. 980 North Federal Highway, Suite 434 Boca Raton, Florida 33432 ~Z'ARRAivTY DEED THIS INDENTURE, made this,~ay of ~J ~~-~ , 2010, BETWEEN LOLA M. JONES, a single woman, 118 S. W. 6`h Street, Delray Beach, Florida 33444, grantor, and CITY OF DELRAY BEACH, a Florida Municipal Corporation, whose post office address is 200 N. W. ls` Avenue, Delray Beach, Florida 33444, grantee*, WITNESSETH that said grantor, for and in consideration of the sum of Ten and no/ 1 OOths ($10.00) Dollars, and other good and valuable considerations to said grantor in hand paid by said grantee, the receipt whereof is hereby acknowledged, has granted, bargained and sold to the said grantee, and grantee's heirs and assigns forever, the following described land, situate, lying and being in Palm Beach County, Florida, to-wit: The East 12.5 feet of Lot 9, and all of Lot 10, SELLERS ADDITION, a subdivision in Delray Beach, Florida, according to the Plat thereof, recorded in the office of the Clerk of the Circuit Court in and for Palm Beach County, Florida in Plat Book 22, Page 17. SLIBJFCT TO: Comprehensive land use plans, zoning, restrictions, prohibitions and other requirements imposed by governmental authority; restrictions and matters appearing on the Plat or otherwise common to the subdivision, public utility easements of record and taxes for the year 2010 and all subsequent years. and said grantor does hereby fully warrant the title to said land and will defend the same against the lawful claims of all persons arising by, through and under the Grantor. * "Grantor" and "grantee" are used for singular or plural as context requires Page 1 of 2 IN WITNESS WHEREOF, grantor has hereunto set grantor's hand and seal the day and year first above written. Signed, sealed and delivered i our presence: , ~~ cr~~-ti Witness Pr'y~it na of witne s W~ess Print na of witness STATE OF FLORIDA COUNTY OF ESCAMBIA ~~ ~l ~ Jz~ LOLA M. JONES The foregoing instrument was acknowledged before me this=~% aay ofct ~,~, 2010, by LOLA M. JONES, who (please check one) ~-~ is (are) personally known to me OR has (have) produced identification and he/she/they (please check one) did take an oath x did not take an oath. My Commission Expire~RETTA GREEN Notary Publi~3tate of FL Comm. Exp. Mar. 28, 2011 Comm. No. bD 624603 Tax Control No. 12-43-46-20-06-000-0092 as ~~ Nota Public ~ (`~_I~}~~~ ~~~ Page 2 of 2 Off,: i~U ~"i2-0265 f=nrrn Puhli~hc~r I A1,V HICKS 771 t~r:,nl•lin A,r (::,~rlNr, lit., 1.1v ~GIl.t~-1I ~~,ut .....,.., L.,,,,I:,.I,.. ,,,.... A. ICS. 1)EPAR~I'MEN~I' OF fiOUSINU ANU 11R13AN DEVGLOPMI~:NT 1IUU-I UNIFORM SH:'1'TI,EMEN"1' STATEMENT l3. TYPE OF l,C)AN: 3 ~ ~ Cony. Unins. 6. bile Number 7. Lunn Number 8. Mort ~a'c Insurance Case Nwnbcr C. Note: this form is furnishers to give you a statement ufactual settlement costs. Amounts paid to and by the settlement went are shown. Items murkerl "(P.O.C.)" were paid outside the Musing. 1~he)- are shown here for informational purposos and arc nut included in the totals. NOIC: "I'IN = l a~ yavcr's Identification Number. t). Name and address ul bun"over I:. Name, address and `fIN of seller F. Namr and address of lender City of Uelray 13eaclk Lola M. Jones 267-76-8908 N/A 10O N. W. First Avenue 1 18 5. W. 6th Street I)elru ~ lieikch, I~loirda 33<la4 [)elra ~ Beach, h'lorida 33144 (i. Property Location i L SeUlemenl Agent: name, address and I'IN 118 S. W, fith Street Steven [). Rubin, Esq. Iklray Beach, Florida 3344.1 980 North Federal l lighway, Suite 43.1 East 12 i tlel, Lot'), all of Lot IO Boca Raton, Florida 33x32 Place of Settlement 1. Settlement fate: Uttice of Setllcmenl A gent, ahove 7/23/2010 SUliti II Il' Ik: FI111.11 IUY9-S, Nron•eJs Gom !teal E:.dale Transactimu, rax fear 2U10 SELLER 5"1'A'fEi~l k:NT' "I'he udunnauon cumaineJ in BlueAs E, G, 11, I anJ m, line 4U I (ur if line 40l is asteriskeJ, line 403 nnJ 404) is impmtam tax mfium:wou anJ is Iwmg Iiu uisheJ w d,e Imnnal I<evcnue Service If you are ialuircJ to file a iemm, a negligm¢e penalty ur other sangiun may be unpaved at you iFdiis item is reyuii ed to be iepuned anJ d,c IHS Jeiei mines that it has nut been i epunnt If tlm f eel estate was yam main home, file Form 21 19, Sale nl Your Home, with Fum, 1040 even if you had a loss ur you JiJ nut replace your home If the real estate was nut your mein home, iepun the transaction on Form 4797, Sxks of liusmess I'iupenl, Foam b'S2, 6istalln,ent Sele bmume anJiui SchaLJe U, Perm IO4U, Capitol ruins auJ Cusses 1'ou must proviJe the Senlcn¢nt Agent (in Hlock H) with yow can ect taxpayct idenuticalinn cumber Ifyuu du not pnn•idc the xulcmem agent wide your cwicq wxpayct iJenuliwtiun numbs, you nmy be subject Iu civil or ainunal peuahies impose) by law UnJn penalties of perjury I certily !bat the nunibn sbuwn on this natemem is my torten taxpayer iJeuuliruwn nuud,et ~ _ _ 1?1_ _C,~~ i_S~LiI ___ Lola At Tune;Shccr .._*, ! ~ ~ f {!! f f' f ! : - ~ - •, a•. I ~ I ! ' 'fop>t ~" ! .. .f ~~/~J 'g~f { i-•? t ib~'~ ,~' ..~: 4 ~ I:l~:~S . ;CJ/~Y%1 . .. -:{t' .. .. .. ..'i' L. S TTLEMENT CHARGES/ 700 TOTAL SALES/BROKER'S COMMISSION based •on price 182,100. ®6 °/. 4,930.00 Division of Commisa(on (Ilea 700) ea follows: PAID FROM ' PAID FROM ' 701 S4.930.00 to 4ringlq Doherty do Wheat BORROW1i:R 8 FUNDS AT SELLER S FUNDS AT 702 S to SETTLSM SbTTL)ZMENT 703 Commission paid al aettlomonr 4,930.00 704 800 ITEMS PARABLE IN CONNECTION vVIT13 LOAN 801 Loan Orl inatlon fcc 9~0 801 Loa» Discount 'kL 803 A raise] Fao to 804 Credit Re ort to 803 Candor's Ins colon Foo 806 Mort a e Inauranoe A Ilcatlon Pee to 807 Assam tton Foe BOS 809 Bt0 811 900 ITBMB RF.. iJ1RED BY I.FNDER TO BE P. AID IN ADVANCA; 901 Interest from to S /da 902 M rt s a In:uranco Premlurri for mont}u t0 903 azard lnsunnco Premium Lor to 904 cars to 903 IOUO RESERVES DEPOSITED WITH LENDER 1.001 }Iwrd insurance months S ar mo th 1002 Iv1ort a e ioauranae romlum fbr ontha S or month 1003 Ci ro taxes months S er month 1004 Coun ro art taxes months S er month 1003 Annual aaacsamenu months S month 1006 mpnthc r month 1007 months S cr mooch 1008 A re etc Atx:ountin A ustment 1 100 TITLE CHARGES 1101 Scttlcmont or closln foe to Stcven D. Rubitt E ' 1102 Abstract or title search to 3toven D. Aubi Es 175.00 1 103 Title examinetlon to Stavcn D. Rubin Ea . 1 104 Title Insurance binder to t 103 Document re antlon to 1 106 Note feu to 1 107 Attorne 's fcu to Steen D. Ruble Es . includca above Item numbers i" ttr •.;i'i ii l 108 Title insurance to Old Re ubllc Nat{oaal Title Iaauranee 468.63 includes above Item numbers "~ _ .'.;ia~,: i;t.:;, ~;ei :, , ' 1 109 Lcndet's seven a S ` '~' ~u,~ ` ''. • ,I ' ,~"~` ~ ~~1hi~1 ~ ! ~ ~ ! ~,`4~' 1 1 10 Owncr'a coven e S 82 500.00 ~ ; kK 1 ;'. ,i"~ 1111 1112 '- - 1113 1200 GOVBRNM$NT RB.CORDINC AND TRANBFtR CHARGY9 1201 Rtx:ordln fees: Deed S 19.10 Mart a e S Raleaau 72.20 19.10 72.20 1202 Ci fc trx/atam s: Dead S Mott a e S 1203 State tax/stant s Dcod S 377:50 i~o 577.50 1204 lies 1300 ADDITIONAL SETTLSti31ENT HARG)ES 1301 Surve to ' 1302 Pcst ins action to 1303 Co les and FedEx to Steven D. Ruble 544.17 to hem 548.17 to Steve Rubin 92.34 1304 Cour er to StcvanD. Rubin ~ 33:00 1305 1400 TOTAL SETTLIeMENT CHARGES crttor on Ihtea 103 8aodo d 3 Soctlvn K 497.77 3 692.04 CERTIFICATION: I have carefully reviewed the HUD-1 Sattlomeot 9 ant the beat of my Icrtowleage ana uettaT, u u atr~m ana aoounts autement of atl receipts and disburaetrtenu made oa my acoo r by mo in this on 1ltrther certify that 1 have recelvetl a copy of the HUD-l Settlement Sntcmcnt. C F DHLKtAY H, rids t al CopronCtl,n ~\ ~~ D~ 1YI ~>rf~ Seller '-~ Huyet Lola M. Jonas--~ BY: Nelson 9. Mcbuflem, .Se116r 13prrp~~Cr Ta the beat ofmy knowledge the HUD-l Sottiotttent Staxetnent vvhioh I have p d a true and accurate account of the tl.nds which were rsoelved and have bcen or w(11 be diaburacd by tJto.undcralgncd as part of the sattlemant ofthi on. Battlement Agent Date Steven D;Rubin, Esy. WAIWING: It is • crime to knowingly make hJtte atsttamettu'to the Ualted States oa this or anq uthar similar form. Pcrtaltioa upon convluion can include a Hoc and lmprisonmenL For details see'fitle 18 U.e. Code Section 1001 and Section 1010. ll 'd SZtiU'~N ylBfi~i ~it31S nllw IY~'1y~8 OIOZ 'EZ' IMP Page 1 of 2 MEM(JRAI~TI)UM TO: Mayor and City Commissioners FROM: Victor Majtenyi; Deputy Director of Public Utilities Richard C. Hasko, P.E.; Director of Environmental Services Department THROUGH: David T. Harden; City Manager DATE: May 19, 2010 SUBJECT: AGENDA ITEM IO,B. -REGULAR COMMISSION MEETING OF JUNE 1.2010 RESOLUTION N0.3I-10/CONTRACT FOR SALE AND PURCIIASEILOLA JONES/I I8 S.W, 6TH STREET ITEM BEFORE COMMISSION Consider an offer to acquire real property next to the Water Treatment Plant at 118 SW ~~' Street far the purchase price of $82,500. BACKGROUND Over the last decade, the Environmental Services Department has had to expand its resources to meet the services it provides residents. Over the years, Fleet Maintenance has expanded its maintenance operations, Utility Maintenance has expanded its fleet of portable trailer mounted generators to ensure utility services in case of emergencies, our Water Treatment Plant operations require storage of mare chemicals, and Public Works requires greater storage capacity for special event related items. in addition, the City's in-house Construction Division is staged out of this compound; this operation was formerly based out of the Lake Ida Shop, currently the Crossroads Foundation. To accommodate our needs, several new building have been constructed aver the years; Chemical/Generator Storage Building, expansion of the Parks & Recreation Vehicle Storage Bays, Fire Apparatus Maintenance Building, and the ESD Administration Building, which allowed the creation of a climate controlled storage area for Public Works. Most recently, an additional service entrance drive was constructed off of Swinton Avenue to accommodate the larger vehicles used by Fire Rescue and Utility Maintenance, as well as to facilitate a safer traffic pattern within the complex. Even with all the improvement made over the past few years, we are still space limited by our site area. In mid March 2010, staff was notified that a parcel adjacent to the Water Treatment Plant, specifically 118 SW 6th Street, was far sale, listed at $94,500. The property is situated directly east of the Chemical Storage Building's parking Iat, at the west of SW 60' Street, dead ending at the Treatment Plant. It was listed at $94,500. Staff had the property appraised in Aprii. The appraisal indicated a price range from a law of $62,000, to a high of $82,500, with the estimated market value of at the mid range of $75,000. http:Iimiweb0011AgendaslBluesheet.aspx?ItemID=3339&MeetinglD=2b0 X1212010 Page 2 of 2 Staff contacted the seller's agent and initiated an offer of $82,500 for purchase of the property, which the seller has accepted. Acquiring the property would allow expansion of the compound. In addition to providing additional storage capacity for vehicles and equipment, the acquisition of the property would provide a safe buffer for the residential community from the Chemical Storage Building and the Water Treatment Piant. FUNDING SOURCE Funding would be from account #441-5161-536-61.10, Water and Sewer Fund/ Land Acquisition Cost in the amount of $82,500.00, after a budget transfer. RECOMMENDATION Staff recommends pursuing the purchase of real property located at 118 SW 6tt' Street for $82,500. http://rniweb0011AgendasCBluesheet.aspx?ItemID=3339&MeetingID=260 612/2010 RESOLUTION NO. 31-10 A RESOLUTION OF THE CITY COMMISSION OF T'HE CITY OF DELRAY BEACH, FLORIDA, AI:f~CHORIZING'I'IIE CITY Tt~ ACQUIRE CERTAIN REAL PROPERTY IN PALM BEACH COUNTY, FLORIDA, AS DESCRIBED HEREIN, HEREBY INCORPORATING AND ACCEPTING T"IIE CONTRACT STATING 'I"IIE TERMS AND CONDITIONS FOR THE SALE AND .PURC'HASE FROM LOLA JOI'~ES, SELLER, TO THE CITY OF DELRAY BEACH, FLORIDA. ~i~REAS, the City of Delray Beach, Florida, wishes to acquire certain property located at 118 S.W. 6a' Street, Delray Beach, Florida; and t~~l~iEREAS, it is in the best interest of the City of Delray Beach, Florida, to purchase said property for the municipal purposes. NOW, T'I~]E~EtEFORE, BE IT ORDAINED BY' THE CITY COMMISSION flF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: .Section . 1`hat the City Commission ofthe City of Delray Beach, Florida, as Buyer, hereby agrees to purchase the property described herein from the Seller, for the purchase price of Eighty-Two Thousand Five Hundred Dollars {$82,500.00}, said property being described as follows: Sellers Add 1;-elray Beach East 12.5 ft. of Lot 9 and all of Lot 14. Section ?. That the terms and conditions contained in the Contract far Sale and Purchase and addenda thereto between the City of Delray .Beach, Florida, and the Seller as hereinabove named are incorporated herein as Exhibit "A". PASSED AND ADOPTED is regular session on the day of , 2011}, ATTEST: MAYOR City Clerk Gt~NTRAGT FOR SALE ANp PURGHASE PARTIES; LOIA JONES {"Seller"), and the CJTY OF DI`t.RAY BEACH, a Florida munldpa) corporation, of 100 N.W. First Avenue,. Delray Beach, Florida (Buyer}, hereby agree that the Seller shall sail and f3~r shall buy the faiknnriing described Real Property and Personal Property {collectively "Pronerttj'}_upon the fallowing terms and conditions, which INCi.UDE the Standards far Rea! Estate Transaatlans t"Standardfs}"} on the reverse side hereof or a#tactwad hereto and riders and any addenda to thfs Contract far Sale and Purchase " ~ , DESGRIPTtON; 1 i 8 Southwest B~'' Street Defray Beach, Florida 3344 t.egal desaip#fon of the meal Property faceted in Palm Beaoh Cauttty, Florida: Sellers Add Delray Beach East 12.6 ft. crf t_ot 9 and all of t.ot 10. PLIRCNASE PRICE $ti2,G00:00 ill. TIME FOR AGGI`PTANGE; EFFEGTIVE DATE; FAGSiMIk.E: if this offer is not executed by and delivered to all parties OR FACT C?l" EXECUTION communicated in writing between the parties on or before June 16, 2010, this offer may be w.lthdrawn: The date of Contract ("Effective Date "' ~ will be the date when the last one of the Buyer and the Seller has .signed this offer. A facsimile copy of this Contraot and any signatures thereon shall be consider®d for all purp~rses as originate. IV. TITEE EVIDENCE; Prlarto closir~, Buyer may, at Buyer's expense, obtain a title insurance commltmenl and, after closing, an owner's policy of tote insurance. if. Gf.O81NG DATE: Thl& tran~aaction shaft. be dosed and tfte dead arxi c~#h~ ctoaing papers delhrered within sixty {60) calendar days fallowing the execution of this Gontract, uMess mad~#ed by other prtrvislans of this Contract. VI. RESTRIGTtt7NS; E1kSEMENTS; t.MITT'ATlpNS: Buyer shall #ake title sub)ect to; vamprehensive land use plans, zoning, reetriotians, prohibitions and other requirernenis imposed by governmental authority, restrictions and mailers appearing on the plat or othervu+se common #o the subdivision; and public utility easements cif record. VII. OGGUPANCY. Seller warrants there are no parties in occupanoy other than Seiler, but If Properly is intended to be rented or oc~upted beyond closing, the fact and terms thereof and the tenant(s) ar axupants shhall be disdoeed pursuant to Standard F. Seller shall deliver occupancy of Property to t~uyer at time of dosing unless othenKhse stated herein. if apancy le to be d+alivered before dosing, Buyer assumes ail risk of loss to Property from date of o~xcrpancy, shall be resptrnetble sect liable for malntenancse from that date, and shalt be deemed to have accept~t Property in Its existing cx~nditlon as of time of taking occupancy unless oihenNise slated herein. VIII. TYPEWRITTEN pR tiANdWR[TTEN PROVtt3tON8; Typewritten ar handwritten provisions, riders and addenda shell control all printed provisions of this Contract In caMliG with them. IX. ASSIGNAI3iLITY; (CHECi< IJNLY ONE): Buyer (1') may assign and thereby be released fiom any further (lability under this Contract; may assf~n but rat be released from liability under this Contract; ar ~~ may not assign this Contract. x. sP~ciA~.cu~usES; Ai~DENDA; Il additional terms are ~ be provided, attach addendum and CHECK HERE ~_ . CITY OF DELRAY BEACH ,~. f~~~~ ~ . ~`~1~'~' S By: i3yari ~2,~ ~!YL. t~"~-n~ Tax 1D. TeX ID No. EXIiIBI"1' ttA" Res No. 31-70 ADDENDUM TC? Ct3NTf~tACT Ft3R SALE ANR PURCHASE SELLER: LOLA .it1NE5 BUYER: CITY ©F DELRAY BEACH PROPERTY ADpRESS: 118 SW B'" Street, Cielray Beach, Florida X. SPECIAL. CLAUSES; ADDENDA {Caniinued}: A. F{3REIGN INVESTMENT IN REAL PRt3PERTY TAX ACT ~"FIRPTA")~ The parties shah comply with the provisions of Intamal Revenue Cade Section 1445.and applicable Treasury Regulations issued thereunder. If the Sailer is a U.S. parson for Internal Revenue Goda Section 1445 purposes, then an demand of the Buyer .and prbr to closing the Sailer shall provide the Buyer with a aertlficate. of non- fareign status In the manner provided lit Treasury Regulations Section i .t445-2. If the Seller provides the Buyer with such certificate, and if the Buyer is otherwise permitted #o rely an such certificate under those Regulations, the Buyer shall not withhold under Intamal Ravanua Coda Section 1445. If the Sallar is a `foreign parson' as defined by the Internal Ravanua Cnade, the Buyer generally I8 required to withheld 1tY'0!o of the grass sales price from. the Sailer at hosing and to pay the withheld amount over to the Internal Revenue Ser+rice (IRS} unless an applicable exemption from w#hhalding ar a limitation on the amount to be wlihheld Is available. Ta the extent that the Dash to be paid aver to the Sallar at closing is Ineufflclen# to cover the Boyar's withholding abllgatbn, the Sallar shall provide to the Boyar a# clasirrg cash equal to such excess for purposes of making such withholding payment. If the Seller`s federal incarne tax an the gain is lass than the applicable withholding amount, the Seller may malts advance appllcafian to the. IRS for reduced withholding and, if granted, the Buyer shall ra~thhaid only the autharfzad reduced amount. if such ruling has net bean reaelvad by tdosing, ttre parties at closing shall enter info an escrow agreement reasonably satisfactory to the Buyer and Seller pending receipt of the ruling, provided that at closing the Sallar shall have the atiligation to provide to the escrow agent from the closing proceeds (ar from the Seller's other resources if necessary) cash equal to the maximum required wi#hhalding, with any excess withholding being refundable to the Sallar upon receipt of a favorable ruling Pram the IRS. Sayer and Sallar understand that the IRS requires the Buyer and the Seller to have a U.S. federal taxpayer Identification number and to supply that nurrit~r an the foregoing forms. A foreign individual may acquire an International Taxpayer IdentfflcaUah Number for this purpose. Since it may faits several weeks to receive the number after appi[cation and the IRS will not process these farms without the actual number, a party lacking a TIN is advised to apply immediately. B. The Boyar shall have sixty {tit)) calendar days within which to conduct any and ail feasibility studies and determinatlans relative to the suitablCity for the acquisltlan of the subJect property by the Buyer and the Buyer reserves the express right to terminate this Contract at any time during said perbd far airy reason ar no reason, In Buyer's sole distxetian, whereupon Boyar shall receive a full refund of all deposit marries paid hereunder, Buyer shall be Granted reasanabie access to the premises to conduct such feasibility studies and determinatlons, induding envlrctnmentai assays, Dora drying, auroeys, soli sampling and other such tes8ng. C, This Carrtraat is expressly contingent and conditioned upon the approval of the sums by the City Commission of the Clty of Delray Bauch. D, The parties represent and warrant that there is na broker irnrolved M this transaction to wham a commission would be due. Res No. 31-16 STANDARDS FOR REAL ESTATE TRANSACTI{)NS X, BYfDENCi 4t n'ITLRr {llAn abstract at' title prepared or brought current by a reputable a~ existing abstract Eire of net exist#ng then asrtitied es carrsct by an existing firer- purport#ng to be an eaourate synopsis of the instruments affecting titl.a to Rea] property recorded irl the public records of the catnky whereivtt Real property is located, thYOUgh Effective oats. It shall commence with the earliest public toecarda, or euoh later date a^ may ba ¢usto+nary in the county, yppn alosi4g of this Ccmtraat, tiro abrtract shall become the gzpperky of Suysr, subjeaC to' the right bt retention thereof by ffrat +rorkgagpe urrtil fully paid. IZ! A title incurs»cs commitment lsaue8 by s Piorida licaase¢ title inauxex ayresYng to issue to Buyer, upon recording of the Seed to sayer, an awmer'r policy of title insurance i» the amt+unk at the purchase price, insur'i'ng 8uyer~s kith ko Rba1 prapsrty, rubjeet. only to liens, ana~oranaea, arneeptiorts qr Qualification provided in this Contract and those which 'shall be discharged by Seller at or before closing. SaTlar rhal] aoriv+ey a marketab3's title aubfect only to liens, a»cu+~liranosa, sxceptianr ar qurlificatiana sat forth in t~ontract. Iar'rhetable title shall be dsterreined according co applicable Title 8taadardr .adapted toy authority azf The Flarids Sac and in accordance with law. Buyer shall hays 10 days, if abetrrct, or. 5 deyr, if title cornmitsXnt, trap date of reesivi'ng evidence at tltlr to exemine iE. if Eitla la found dsfackiva, Buyer shall, within ] days thereattsx, notify Ssllsr in ;writing. specifying dsfrcttal. If tht dsErattsl render title vnaarkstahls, Seller will hays ]0 days tram raaeipt of notice to rasave tfia detrctial, tolling which Super shall, within five t51 days .after axpiratioa of the thirty t3Q;1 day period, deliver written, nbtiee to 8ellar eitbe.r+ ;11 extending kbe tins tar a reasonable period not to exceed Sg0 days within which Ssllsr shall vas diligent .effort to rsaxtva the detectsr or (S1 reQuesting a refund of depositta) paid which shall immediately ba returned to 8vysx. 2f Buyer fai3r ka so notify 6s31sr, Buyer shall be deemed tp hays accepted the tiklr a's. ft khan is. 8ekisr shall, 1t title is found wfmarketable, ass diligent efEbrt to carrsot defect (s1 in title' within chs Elme provided theralor. Ii! Seller it unable to timely correct ohs defects, 8vysr shall either waive the defects, cir iYCSive a refund of deposltisl, thereby releasi+eg 9vyer and 9eliex trom ell iurrher obiigatiaa under khir Contract. E, IN41ti9s JWO' LaxSSSa 9ellsr warrants and reprerentr th:t there is ingzear sad egress ¢o tht Rssl property sutt.icient for fire intended use ae deaoribad in paragraph vI hereof, title to which is is accordance with standard A. 1'. i,7#sEar Seller shall, coat lace khan la Lays before closing, furnish to Sayer cops:a ai ell written leases and .setopQel letters tram each tenant spsclCying the, nature and duration at .the tenant's cxcugancy, rental rates. 'aduanced refit and security dsisositr paid by ts'namt. It Sailer i• unable to nbtaim such letter from cash tenant, the same lnfgrmativm shall be lumislred by Seller to Buyer within Chat tins period in the ta=ro of a 9allsr+• affidavit, and Sayer say thereafter aonkact tenaats to cdnfirm such iirioreration, etriler shall, at closing, diver and assign all origins] leases to avyer. a. 41Bx8, Seller shall furnish to Suysr aE .rims at closing an affidavit attesting to the rossoca, anises athaxwise provided far Iwrrein, of any tioanaing •tataneata, c'lsims iof lien or potentia] liarrara k»awn to Salter and further streaking thak chars have been mo improvements or repairs to properkY tar 44 days imasdiately prscedimg Bats of closing. if property her beam iaprawd, ar repaired within tfist tins, 9e12ir rh-il deliver ralaaass or waiverr of +dachan.iea+ liens- executed by rill general conEractors, subcontractors, suppliers, and raaterirlnen in addition to &e1lsr~s Liam affidavit setting forth the names of alI such +,Eameral cantractaxr, auboankraetora, suppliers and maserislnen and lurthar affirniag that all ,charges far tnt+asrvamants ar repairs which could servo as a basis for a mechanic's lfen pre maim Ear daaagss' have beam paid ar will lne' paid at cloa'ing at this Contract. Res No. 31-10 C, 8[7RYSYr B'vyer, et Sayer+e axpe~ue, within tiers allowed to dbliver euidenoe aE title, may have Rail property surveyed arn9 certified 'by •a registexrd Florida anrveyor. 2.t Gwt aurvsy .dlrclas/u oacroachments on the Real Progeny or that improvsmsnts ]ocateid thas'can encraaeh on setback lines, sasemanta, iarr6a of ethers, ar violets any restrictions, fantraat eovarrants or applicable govsrrnasntal regulation, the •atse rba21 ot+ns.kitute # title Asfect. K, PLACL 41' CLpBiNOt Clawing shall beheld in the county whexs Reai Property is ?seated, at the attire oL the attorney or other slosinq agent deaignated'by Ssllar. X, TIMtr In computing time periods of less then ai% {61 days, Saturdays, 9undaye and state or national iggal holidays rhali be excluded. Any tuna pariada provided for herein ~rhich shall an6 an Saturday, Sunday or legal holiday shall extend to 5.,00 g.m. of the next buaineu day. Timr !e o! the eaarnae in Chia Contrast, .?. Da¢1AiiN'Pa 1'OR CG081ta3tt Sailet~ ohall turniah deed', bill of Bala, sanatruction Tian affidavit, o+mer'a poseeawiaa affidavit, and oorrecti~va inatrurmwta. Buyer wha11 fumiah alasing staCement. R. iXPlitliBSr ltooumantary stamps on the dead an6 rccord'!ng sorractive inatrumrnta shall. 69 paid by $tiier, llnlaas atherwien provided by lax or rider to tbi• Catsizaat, ohdrgeo tar 'ths Lollareirrg related title aexvicea, nar~aly title dr abstract abbrge, title examination, And aettieseitit end c'laaing fee, shall ba paid by the party reaponribla for' furnishing the. title evidence in acaardance with Paragraph iv. L. PROhAlZQSiBi CR=11LT8r Taxes, aree6aMenCS, Sntatest, inpurarree and outer explneta sad i:evatara of Property shall be prorated thsoaQh 'day befot*q alaaing. Buyer rha113 brave the aptioa of taking aver any ax#atiag poliaiaa of inrutance, if aaaumabla, in vhish event premiuau shall be prorated. Carp at elasing rbrli be #ncreaeed or decrtitaaed as may be required by prorat,ioas 'to be adds through day prior to sloping or oscupensy if acoupancy aoeura bsYare closing, Advance rent sad aasurity deposits viii ba credited to Buyer. Sacrov deposits paid by martgagae vi12 be .oredited to 8aller. Yaxea shall be prorated based on ifie ssrrent year's tax vith due allovaitge wads Lar• mrxinwm allowable discount, hoaaatead sad bthsr exeapti~s. if slog#ng ocavra at a date when the current year's millagt is not fixed, and purrept year's asuasmant is available, taxes vial be prorated based upon gush aaatsamene and the prier year's millaga, if currant year's araarament is net available, then texas will be prpratard tits the prior yrar'~ tax. if tbrxe err computed impravasento on Real Property by aanuary 1st aC year at clpaing, wlsich iugfrovementa ware net in ex#rtence on darntary iwt of the prior year, then taxes shall b`e prorated based upon the pxiar year's miilage arfd at .an eqv#tablc aaweaemeitt to ba agraad ypoa brtrween the parties, tailing which, request will 'be made to th'e County Property Apprai~r far :n intaraatl aasaaararnt taking into consideration available exemptioots. Any tax praratian beard txt an ewtimata .shall, at request of either party, ba readjusted upon resaipt of tax bill on cotrditian that n statement to that effect is aigt»d at slowing, K, BPBCLAL A88B88MtgT LIBNBe Certified, oonfirmed'and ratified rpeaial aaaeasaent litnw as of date of closing lnat as of SfEactive Date) era to. ba paid by Seller, Pending lima tie at date of ol+aaimg rhaii be aasuaed by Buyer. If tea improvement bras been suhsunetally oampU.ted as of Stfestive Data, any pending lien shall be considered as certitisd, confirmed ar ratified and Ssllar shall, at closing, be charged atr amatmt equal to the last estimate of aaaeasrmrnt far the iapLrawrment by the public body. N, ZNBF~'SQA, REFAZB ANA xAl[NTatsAliCSt 8aller rarraata that, as of 10 days pr#ar to slasiog, the sailing, roof ii.nsluding the farcla astd softita}. and exterior wnd intsriar walls, foundation, seawalls lax aguivalantt and dockage do net barn: any V182B1:6 SV11?Bi~C6 of iaaka, karat damage or structural damage and that the septic tank, goal, ail appiiancss., mrchanisai itaw, heatital, coaling,, .electxfaal, plumbing eyatema and machinery ass in goR1C1N8 tiTNAi'CiQN. The forsgoitrg warranty shall bt limited to the iCe~ apecif3ed uniesw otheiaeiae provided in an addendum. Buyaa• may, at Boyar's exprnee, Nava inapaetions made of thaaa i•trmr by A firm ar individual apea#aiizing in home inspections acrd holding as assupational liaenwa Lor sorb purpose {iL required? or by as apprapriataly lfcaased Flow#+ia caatractaz. Sugar shall, prior .ba Buyax'b aacupancy cr art Sea4 tiiaq iC days prior tq closing, whichever ooi:ura Girst, report is writing tq Seller pooh itrma that d0 rnat meet the }hove standards as to defestr, gnleaa Boyar tiaaly rapoxta nosh defsate, Buyer ehali br daamab to Nava waivtd: Sellar'a warraatiea as 'to 6efects not xaparted. If repairs or replacement axe reQuimd to aosply with this 8candard, Seiler shall cause then to its made rnd riiail pay up to the rapunt provided in Paragraph 4bi,. 8aller is not required to sake reps#ra or raplacaaaats of a cwamrtic ttatuxr unless oauaed by • defect Sailer ia. reaponaibie to repair ar replace. It the' Dart at 'such >repair ar replataineat exseada thr a~aunt providrd Yn Paragraph ~„ tbl, Boyar or Ssllar may elect to pay such axceas, Exiling which 'aitber party may aanael chiq Contrast. IL Ssllar is uttabie to correct the dafectw prier to cloeiag, the cast thrreof shall be paid into escrw at alasing. Seiler shall, upon raaeonable ngt#ce, providb utiiitiss aafroice and asseaw to Che Property far insgestiona, including +q walk-through prior to elaaiag, to crntfira Ghat all items of Pereanal Property are an the Reai Property and, subject to the foregoing, that all required repairs an6 repiasements Nava bean wade ate! that the Property, including but net limited to, lawn, aitrubbery a3td goal, if any, has been asaiirtainrti in tae condition existing as a! Stfeeefve Ciata, ordinary vast and tear a%cegted. a. RiBR Ot L488t rf the Property is daaeaged by lira ar othtr caaualtq before sioairtg and coat of raatoration doa• net axcatd t4 of the aaaassed valuation oL the P.rgparty ao, damaged, soot dE raatoration shall be en obligation of tea stiller and clawing shall prgcead pursuant to the talent of Contrast with restoratYon casts awarowed at slowing. If the soak oL x`eatoratioa eitceeda 3.4 of the aaaaraed valuation of the impraveasntr sa daedaged, Boyar shall bavr the option of either takisg Property as is, together with aittie'r the x4 ar •aay insurance pracrada gayablt by vlrtua of such loan or daaaes, ar +et csaceliag Contrast and raaeivirtg return of depoaittal. F, PROCiBDB fll 8usa Ct,47BSK0 FR4CEatIRB~ The dead shah be ret•orded upon si$aranse aL fundw~ tt an. abstract of title has bean Furnished, evidencr of title shall he sontinuad at Buyar'e rxpensa to thou title in Buyer, without any ancuabrancea or shaaga which would render Seiler'a title wvnttrkrtable fraa the data pf the. last evidence. All elpain9 procaads aha12 be held in'tscrov by Seller's attorney or other sittwlly aaceptabie escrow agent Lora period o[ not ears than 5 days after slaving data. I! 8e12er's title it randarad unmarketable, through no fault of Boyar, Boyar shall, within the 5 day period, notify 8aller in writing of the defeat and Ssllar shall have 3o days- frog date at rer¢eipt of such aotificatian to cWre the defect. if Seller tails to- tiatly curs tAe detect, all depooit{rt ahnil. upon writkan demand by BuyoY and vithi"n 5 days alter demand, br retucxrd to Buyer and r#multaneoualy with such repaymanG, Buyer shall rrturn Fkraonalty acid vaoate Rsal Property and recanvey the Froperty'to Ssllar by special warranty deQd and bill of sale. if Boyar fails to asks timely demand for refund, Boyar shall take ti[ie as ir, waiving all rights against 9ri7er ea. to any intesVSning defeat except tie may ba available to Buyer by vlrtua o! warts»ties egntsi.~d in the decd or bill of aa1.e. 22 e Res Np. 39-10 portion crf khe purchase pxica ia. to ba tlarlvsd trom inatitvticmal tinanciuq or ratinaru:ing, requiremarnta of the lknd$r~ institution as to place, Lima of day and proaedurae tar cueing, and for disbruraawant cf moxRgaga praceads shall control aver cwltrary proviaian in thin Contrast. Sallar shall have the right to raquiz•e from the landing inetitation a wrStten sxxrmitment that it will Hat withhold diabureement of martgaga procaeQa as a rasul.t at any [iris de toot attributable t6 8uyar-aortgagar. Tl1e ascrox and ciasing pracsdurs required by this Standard nay be aaivad f'f title agent inauras advarae mattara pursuant to Session 697.Tti41, F.S.., as amended. 0. SBCnoils Any eatrow agent t' ent~t re~ttiuing funds or equ3valant it authorised and agrees by acseptan+ee of them to deposit. tlson promptly, hold cams to aacraw and, subject to slearanae, disburse them in eteordance with terms and eoreditiana at Caatract. Failure of clearance at Zunda eha21 net axsuae Boyar's psrfozuanse. ZE in doubt as to Agant'6 dutlta or liabilities under the praviaiaia of Contrast, Agent may, at Agan;'e optlan, continue to hold the avbjeok nectar of tlw sacxvw until ttwa parties hereto agree to its dfeburaement, ax until a .judgnent of a:court of caapetenc jurisdiction shall determine the rights of the partfaa of Agent may deppalt with the Clark of the circuit tour[ having jurLadistioa of the .dispute, Upon aatifying all parties aaneerna6 of such option, all liability an the part pf Rgent shall tally tti•minata, excepk to the axttnt of ascausting far any Rosa praviavaly delivered 'out of escrow. if a licanaed real aetata bsattax', Agent ±rill tangly with provisions. of cl+aptax 435, F.S., ae amended. Any suit between Buyer aml Seller where Agent is made a party bassos[ a# acting ae Agent hereunder, or iu nay suit wherein )1qa»t inteapltade tht aubjest matter of the oacrow; Agent. shall recover reasanabls atWrneyaa feat and costa incurred with LllQae amawta to be pktd troa and ant .qt the CaCraxrd funds or equiva3ent and charged and axarde8-aa [sort casts in favor of the pravaiiigg party. Tht Agent shall nat he liable'to any party or parson foz misdelivary to Boyar or Seller of Mama subject to khia aatroa, unless auth rniedalivery ie due to wliltu] breach of Cancract or gross rx!gligancae at Agent, g, lAIApAS OP FsRF01WAi1CaY Z# Suyar fails to perform this Contract within the time apetilied tintluding payment of all daposittail, rho depoait'is) paid by Boyar sad depoaitta} agreed to be paid, say be recawrxrod.aad retained by ar far the atsaunt of Stiirr as agreed upon liquidated damages, conaiderstioa for the execution of Chia Contrast and is talk seccl'asent- ai any ciainr; whereupon, Buyer and Sailer shall ba relieved of sill obiigatiane .under Cantratt: ar caller, aL 8allar'a aptitm, say proceed in equity to enforce Seilas'a rights under this Contrast, it, for aeiy reason other than tailors of Seiler to Hake Sellar'a title msrketabla attar iiiligenk effort, Seller fails, neglects or rafuaea taw partorro this Contrast, the Sayer may seek apscitic perfoximnsa ar alas[ to receive the return of 8uyar'a depoaittal without theseby waiving any .action for damages resulting tram Seller's bseach. T. CONSRACT 11[17 RBCOALABl,e7 F1fAHGQlg 84UBp1 3alTZCl~ Nsithar this Contaaat nor any aotite of it shall bt recar~d In say public recoxpa, Thia. Contract shall bind and swots to: the benefit of the partiaa and their ausceasors in iataxtat. Whenever tht coutae;t petmiu, alraJular shall intiude plural and oaa gsnder aha11 lntlude ail. 3iotict gi'vtn by or to the attaraey-for say party shall ba as e['factiva as it given by ar tRf that party. U. CaNYSYAi1CBt Sallar shall COnVay title to iaeal Property by Warranty Deed, aubjstt only to mattexro caritaine8~ in Paragraph YI and those athexxiet accepted by sayer. Pexroonal Property aha32, at request of Boyar, ba tranefesrad by an absolute bill at anIe xith rarranty of title, subject poly 'ta autlt mat'tera as may' be otharwiat provided far he rain. Y. t+Y91ER AtfRBSMlIiTgi No prior or pxeaeM agreamenta or representntioas shall iw binding upon Boyar or Btller uniaaa included in thin Contract. iIa moditieation or [hangs in this Contract shall ba Yaltd 4r binding upset the ~partiee unleaa.in writing and executed by the party or parties intended to ba bound by it. H, WARRAi1TZE8~ Stlier warcanta that there ara~a8 taste known to Se11er materially aEfeotinq the value of the Froparty which are not readily observable by Boyar ar which have Hat bean dissloasd to euy'ar. Res No. 31.1 ~ Q H m X w 0 0 N 0 as c Y Q) .N V1 .~ a v ~- v m H m x w