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Res 16-12EITY OF DELRAY BEREH M DELRAY BEACH CITY CLERK 100 N.W. is[ AVENUE DELRAY BEACH. FLORIDA 33 444 • RTIFICATION C.7 117 �t..R n-; ::;o ; y ' ;W. Q-0 0 () 7 -U =ryl I, CHEVELLE D. NUBIN, MMC, City Clerk of the City of Delray Beach, do hereby certify that the attached document is a true and correct Aj r,x copy of Resolution No. 16 -12, as the same was passed and adopted by the .1 Delray Beach City Commission in regular session on the 20th day of March 2012. ;,, C n -'W r-� IN WITNESS WHEREOF, I have hereunto set my hand and the official seal of the City of Delray Beach, Florida, on this the 27th day of March 2012. F� Chevelle D. Nubin, MMC i. City Clerk City of Delray Beach, Florida •� 47. 0_1 l� �1 (SEAL) lai:z SERVICE ' PERFORMANCE - INTEGRITY - RESPONSIBLE ' INNOVATIVE ' All-America City 1 CJ 1993 2001 RTIFICATION C.7 117 �t..R n-; ::;o ; y ' ;W. Q-0 0 () 7 -U =ryl I, CHEVELLE D. NUBIN, MMC, City Clerk of the City of Delray Beach, do hereby certify that the attached document is a true and correct Aj r,x copy of Resolution No. 16 -12, as the same was passed and adopted by the .1 Delray Beach City Commission in regular session on the 20th day of March 2012. ;,, C n -'W r-� IN WITNESS WHEREOF, I have hereunto set my hand and the official seal of the City of Delray Beach, Florida, on this the 27th day of March 2012. F� Chevelle D. Nubin, MMC i. City Clerk City of Delray Beach, Florida •� 47. 0_1 l� �1 (SEAL) lai:z SERVICE ' PERFORMANCE - INTEGRITY - RESPONSIBLE ' INNOVATIVE ' RESOLUTION NO. 16-12 A RESOLUTION OF THE CITY COMMISSION OF THE Cr1Y OF DELRAY BEACH, FT.ORIDA, AUTHORIZING THE. CITY TO SELL TO BUYER CERTAIN REAL PR.OPE 1'Y IN PALM BEACH COUNTY, FLORIDA, AS DESCRIBED HEREIN, HEREBY INCORPORATING AND ACCEPTING THE CONTRACT STATING THE TERMS AND CONDITIONS FOR THE SALE AND PURCHASE BETWEEN THE BUYER. AND 'ITIE CI'T'Y' OF DELRAY BEACH, FLORIDA.. WHEREAS, the City of Delray Beach, Florida, urishes to sell certain property located in. an area, of S.W.1.Oth Avenue and S ;W. 1111x:Street;.and WHEREAS, the B'ger hereinafter named desires to buy'the property hereinafter: described from the City of Delray Beach Florida; and WHEREAS, it is in the best ititerest of the City of Delray Beach, Florida, to sell said property. NOW, THEREFORE, BE IT ORDAINED BY THE CITY" COMMISSION OF THE CITY OF DELR.AY BEACTI,. FLORIDA,. AS FOLLOWS: Section 1. That the City Commission of the City of Delray Beach, Florida, as Seller, hereby agrees to sell to West Corner Venture, LLC, as Buyer, for the purchase price of Five Thousand One Hundred and Severity -Five and 00/400 Dollars (55,175.00), said property being more particularly described as follows. See Exhibit' "An Section 2. That the terms and conditions contained in the contract for sale arid: purchase and addenda thereto between the City of Delray Beach, Florida; and the Biryer as hereinabove named are: incorporated. herein as Exhibit "B ". PASSED AND ADOPTED in regular session.an 2077 -T daq of Marc 2012. 4 L504 A'I-FJSST: MAYO RU City Clerk __ EXHIBIT "All A Replat of The East Half (E, '/z) Of The West Half (W 1/2) Of Lot 29, And The West Half (W 1/2) Of The East Half (E- 1/2) Of Lot 29 Of Map Filed In Plat Book 1, Page 4, Patin Beach County Records In Southwest Quarter (SW '/4) Section 20, ".township 46 South, Range 43 East, According To '11-ic Plat Thereof Recorded In Plat Book.23, Page 43, Public Records Of Palm Beach County, Florida. Said -Lands Situate In The City Of Delray Beach, Palm Beach County, Florida. Subject To Easements, Restrictions, Reservations, Covenants, And Rights-Of-Way Of Record. And; The West 15 Feet. Of The East 215 Feet Of Lot 1.6, Of Esquire Subdivision, A Replat Of The East Half (.C' /2) Of The West Half (W '/;a) Of Lot 29, And The West Half (W 1/2) Of The East Half (E '/.z) Of Lot 29 Of Map Filed In Plat Book 1, Page 4, Palm Beach County Records In Southwest Quarter (SW 1/4) Section 20, Township 46 South, Range 43 East, According To The Plat Thereof Recorded In Plat Book 23, Page 43, Public Records Of Palm Beach County, Florida, Said Lands Situate InThe City Of Delray Beach, Palm Beach County, Florida. Subject To Easements, Restrictions, Reservations, Covenants, And Rights-Of-Way Of Record, RES NO. 16-12 9W.M 1. REPRODUCTIONS OF THIS SKETCH ARE NOT VALID UNLESS SEALED WITH AN EMBOSSED SURVEYOR'S SEAL, 2, SURVEY MAP OR THE COPIES THEREOF ARE NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED PROFESSIONAL LAND SURVEYOR, J. LANDS SHOWN HEREON ARE NOT ABSTRACTED FOR RIGHTS -OF --WAY, EASEMENTS, OWNERSHIP, OR OTHER INSTRUMENTS OF RECORD. 4. BEARINGS SHOWN HEREON ARE RELATIVE TO AN ASSUMED DATUM. 5. THE 'DESCRIPTION` SHOWN HEREON WAS PREPARED BY THE SURVEYOR. 6. ADDITIONS OR DELETIONS TO SURVEY MAPS BY OTHER THAN THE SIGNING PARTY OR PARTIES IS PROHIBITED WITHOUT WRITTEN CONSENT OF THE SIGNING PARTY OR PARTIES: 7, DATA SHOWN HEREON WAS COMPILED FROM THE INSTRUMENT OF RECORD AND DOES NOT CONSTITUTE A BOUNDARY SURVEY AS SUCH, REPLAT OF THE EAST HALF (E 1/2) OF THE WEST HALF (4V 1/2) OF LOT 29, AND THE WEST HALF (W 1/2) OF THE EAST HALF (E 1/2) OF LOT 25 OF MAP ' FILER IN PLAT BOOK 1, PAGE 4, PALM BEACH COUNTY RECORDS IN SOUTHWEST QUARTER (SW 1/4) SECTION 20, TOWNSHIP 46 SOUTH, RANGE 43 EAST, ACCORDING TO THE PLAT THEREOF RECORDED IN FLAT BOOK 23, PAGE 43, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. SAID LANDS SITUATE IN THE CITY OF .DELRAY BEACH, PALM BEACH COUNTY, FLORIDA, SUBJECT TO EASEMENTS, RESTRICTIONS, RESERVATIONS, COVENANTS, AND RIGHTS -OF --WAY OF RECORD. I HEREBY CERTIFY THAT THE ATTACHED SKETCH OF DESCRIPTION OF THE HEREON DESCRIBED PROPERTY IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF AS PREPARED UNDER MY DIREC11ON ON FEBRUARY 7, 2012, I FURTHER CERTIFY THAT THIS SKETCH OF DESCRIPTION MEETS THE MINIMUM TECHNICAL STANDARDS SET FORTH IN CHAPTER 5J-17 ADOPTED BY THE FLORIDA BOARD OF SURVEYORS AND MAPPERS, PURSUANT TO FLORIDA STATUTES 472.027. SHEET f OF 2 CAULF'IELD & WHEELER, INC. CIVIL ENGINEERING -- LA14D SURVEYING 3OiA W. PALMETTO PARK ROAD - SUITE 100A BOCA RATt]N, FLORIDA 33433 PHONE (561) 392 -1981 / FAX (581) -750 --1452 THE WEST 15 FEET OF THE EAST 215 FEET LOT 16 JEFFREY R, WAGNER, P,LS, R% LAND SURVEYOR 152102 STATE OF FLORIDA - LB 13581 DAT 7 12 DRAWN BY ACE F, B. PC. N/A SCALE AS SHOWN JCB NO, 4775 Ammylow- a a 0 g, , " ORO . OFFICIAL RECORDS ROM a A0 AA4 9,a 10 r-l-f Rlw - RIGHT OF Why D L ANCU) I : — mm R - RADIUS Ca-CAWH BASIN . . ..... .. . .. .... _­1 . . ..... TH .......... 71: = ............ .. .AlIll ..... .. .......... . . ... ..... . .......... - ... . .............. ............... ... !2 LOT 13 1 mm V'UN imr lot 13 som LINE LOT 13 NORIM UNU LOT 14 WORIM ME LOT M SW4V49*W ocff LOT 14 LOT 14 VON 51: — WOOD LOT 110 LOT 15 wl Vol 31, nom p IN, QOW SwIii UK Lol I$ MNORTH �M-F. L"o—TT a NW UNE LOT 15 I" 215.00' LOT 18 h LOT 18 UL RiGHT--r—WAY sos'N'9ly ___ _u SW 11th MEET HEFT 2 OF 2 CAULFIELD & WHEELER, INC. CIVIL ENGINEERING— LAND SURVEYING 7301A W. PALMETTO PARK ROAD — SUITE 100A BOCA RATON, FLORIDA 33433 PHONE (561)-392-1991 / FAX (561)-750-1452 ESQUIRE DIVISIO THE WEST 15 FEET OF THE EAST 215 FEET LOT 16 1 ARANDONMEN11-- , I... I DATE 2Z7/1:2 DRAWN BY AG F.B. PG. N /A SCALE AS SHOWN IJOB NO. 4778 , /1 1 ;a 8 i 0 1. REPRODUCTIONS OF THIS SKETCH ARE NOT VALID UNLESS SEALED WITH AN EMBOSSED SURVEYOR'S SEAL. 2. SURVEY MAP OR THE COPIES THEREOF ARE NOT VAUD WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED PROFESSIONAL LAND SURVEYOR. 3, LANDS SHOWN HEREON. ARE NOT ABSTRACTED FOR RIGHTS -OF -WAY, EASEMENTS, OWNERSHIP, OR OTHER INSTRUMENTS OF RECORD. 4. BEARINGS SHOWN HEREON ARE RELATIVE TO AN ASSUMED DATUM. 5. TIME 'DESCRIPTION' SHOWN HEREON WAS PREPARED BY THE SURVEYOR, 6. AUDITIONS OR DELETIONS TO SURVEY MAPS .BY OTHER THAN THE SIGNING PARTY OR PARTIES IS PROHIBITED WITHOUT WRITTEN CONSENT OF THE SIGNING PARTY OR PARTIES, 7. DATA SHOWN HEREON WAS COMPILED FROM THE INSTRUMENT OF RECORD AND DOES NOT CONSTITUTE A BOUNDARY SURVEY AS SUCH. .? --OF.ITHE E6§1 HALF _,L 1 !2) OF THE WEST HALF ,W 1/2) OF LOT 29, AND THE WEST HALF (W 1/2) OF THE EAST HALF E 1d2 OF LOT 29 -A 1, PAGE 4, PALM BEACH COUNTY RECORDS IN SOUTHWEST QUARTER (SW 1/4) SECTION. 20, . TO:WNSHIP 46 SOUTH, RANGE 43 EAST, ACCORDING. TO THE PLAT THEREOF RECORDED IN PLAT BOOK 23, PAGE 43, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. SAID LANDS SITUATE IN THE C11Y OF DELRAY BEACH, PALM BEACH COUNTY, FLORIDA. SUBJECT TO EASEMENTS, RESTRICTTON3, RESERVATIONS, COVENANTS, AND RIGHTS- OF�WAY OF I HEREBY CERTIFY THAT THE ATTACHED SKETCH OF DESCRIPTION OF THE HEREON DESCRIBED PROPERTY IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF AS PREPARED UNDER MY DIRECTION ON FEBRUARY 7, 2D1Z. I FURTHER CERTIFY THAT THIS SKETCH OF DESCRIPTION MEETS THE MINIMUM TECHNICAL STANDARDS SET FORTH IN CHAPTER 5J-17 ADOPTED BY THE FLORIDA BOARD OF SURVEYORS AND MAPPERS, PURSUANT TO FLORIDA STATUTES 472.027, SHEET 1 OF 2 CAULFIE LD & WHEELER, INC. CIVIL ENGINEERING - LAND SURVEYING &Je7JOIA W. PALMETTO PARK ROAD «- SUITE 160A BOCA RATON, FLORIDA 33433 HONE (GF }- 392 -3991 / FAX (51 1) --750 -1452 R S t. THE WEST 15 FEET OF THE EAST 215 FEET LOT 13 JEFFREY R. WAGNER, P.LS, REG, LAND SURVEYOR #5302 STATE OF FLORIDA - LB #3591 DATE 2/7/12. DRAWN BY AC F.B. PO. N/A SCALE AS SHOWN JOB NO. 4775 AMMMI WORDS ®oox RIW - RIONT OF WAY D + OELTA {CCN7RAL ANOlB1 L r ARC LENGTN RrRAMS CB+w"F'f�1 NFSfN I e I 1N FEM :;M; 18.00' LOT 13 1 SOM UNE Wt j; NORTH LLVE LOT f- sea' ",411- r a4,sx LOT 14 LOT 15 T5 :0p' N40'A 49T 62.37 ' SOUTH LINE LOT 1$ N6RTH UK LOT M 1° I Lai 16 L 0 T 13 L O T 14 LOT 15 21$.00` swim. U.NE LOT 11 NORTH UqE OT 14 NfSa'4fi49 "E 5" UNE LOT is ioa,ts NWIN LMC LOT 16 215,00' LOT 14 tAwOaL c�SNM'm 59a' ul SW iith STREET _ U6PHALFRtWI�AY) _ _ MCI HEFT 2 QF 2 CAULFIELD & WHEELED, ING_ CINAL ENGINEERING — LAND SURVEYING 7301A W. PALMETYO PARK ROAD -- SUITE 100A DOCA RATON, FLORIDA 33433 PHONE (561)- 392 -1991 / FAX (561) -- 750 --1452 ESQUIRE-SUB-DIVISION THE WEST 15 FEET OF THE EAST 215 FEET LUG' 13 Y w. IJ i DATE 2/7/12 DRAWN $Y ACE F.B. PG. N/A SCALE AS SHOWN JOB NO. 4775 Coversheet MEMORANDUM TO: Mayor and City Commissioners FROM: R. Brian Shutt, City Attorney DATE: March 13, 2012 Page 1 of 1 SUBJECT: AGENDA ITEM 10.C. -REGULAR COMMISSION MEETING OF MARCH 20, 2012 RESOLUTION NO. 16-12/CONTRACT FOR SALE AND PURCHASE /S.W.10TH AVENUE AND S.W. 11TH STREET ITEM BEFORE COMMISSION Staff requests approval of Resolution No. 16 -12 and the Purchase and Sale Agreement for two parcels in the area of S.W. 10 Avenue and S.W. 11th Street. BACKGROUND Resolution 16 -12 adopts and includes the Contract for Sale and Purchase between the City and West Corner Venture, LLC for property located in the area of S.W. 10th Avenue and S.W. 11th Street. This property was deeded to the City by Palm Beach County. The property is currently vacant and not used by the City. The proposed purchaser wishes to buy the property to aggregate it with other property previously purchased from the City. The cost of the purchase is Five Thousand One Hundred Seventy - Five Dollars ($5,175.00). This transaction has been advertised and is ready for approval by the City Commission. Several years ago the City sold adjacent property to Jim Zengage at the price of 2.25 per square foot. That is the price used for this square footage as well. It appears that the appraised value has decreased from when we originally sold the property to Mr. Zengage, therefore, by still charging the same price as we did several years ago, even though the values have decreased, we are getting a better value. RECOMMENDATION Staff recommends approval of Resolution No. 16 -12. http:// itwebapp/ AgendaIntranet /Bluesheet.aspx ?ItemID= 5434 &MeetingID =348 3/23/2012 RESOLUTION NO. 16 -12 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING THE CITY TO SELL TO BUYER CERTAIN REAL PROPERTY IN PALM BEACH COUNTY, FLORIDA, AS DESCRIBED HEREIN, HEREBY INCORPORATING AND ACCEPTING THE CONTRACT STATING THE TERMS AND CONDITIONS FOR THE SALE AND PURCHASE BETWEEN THE BUYER AND THE CITY OF DELRAY BEACH, FLORIDA. WHEREAS, the City of Delray Beach, Florida, wishes to sell certain property located in an area of S.W. 10 "' Avenue and S.W. 11 `h Street; and WHEREAS, the Buyer hereinafter named desires to buy the property hereinafter described from the City of Delray Beach Florida; and WHEREAS, it is in the best interest of the City of Delray Beach, Florida, to sell said property. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the City Commission of the City of Delray Beach, Florida, as Seller, hereby agrees to sell to West Corner Venture, LLC, as Buyer, for the purchase price of Five Thousand One Hundred and Seventy -Five and 00/100 Dollars ($5,175.00), said property being more particularly described as follows: See Exhibit "A" 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 Buyer as hereinabove named are incorporated herein as Exhibit `B ". ATTEST: City Clerk PASSED AND ADOPTED in regular session on the day of , 2012. MAYOR EXHIBIT "A" The West 15 Feet Of The East 215 Feet Of Lot 13, Of Esquire Subdivision, A Replat Of The East Half (E '' /2) Of The West Half (W %2) Of Lot 29, And The West Half (W '' /Z) Of The East Half (E %) Of Lot 29 Of Map Filed In Plat Book 1, Page 4, Palm Beach County Records In Southwest Quarter (SW 1/4) Section 20, Township 46 South, Range 43 East, According To The Plat Thereof Recorded In Plat Book 23, Page 43, Public Records Of Palm Beach County, Florida. Said Lands Situate In The City Of Delray Beach, Palm Beach County, Florida. Subject To Easements, Restrictions, Reservations, Covenants, And Rights -Of -Way Of Record. And; The West 15 Feet Of The East 215 Feet Of Lot 16, Of Esquire Subdivision, A Replat Of The East Half (E Yz) Of The West Half (W '' /z) Of Lot 29, And The West Half (W '' /Z) Of The East Half (E %2) Of Lot 29 Of Map Filed In Plat Book 1, Page 4, Palm Beach County Records In Southwest Quarter (SW I/4) Section 20, Township 46 South, Range 43 East, According To The Plat Thereof Recorded In Plat Book 23, Page 43, Public Records Of Palm Beach County, Florida. Said Lands Situate In The City Of Delray Beach, Palm Beach County, Florida. Subject To Easements, Restrictions, Reservations, Covenants, And Rights-Of-Way Of Record. RES. NO. Vacant land Contracyt FLORtDA ASSOCIATiON OF REALTORS•: PARTIES AND DESCRIPTION OF PROPERTY 1. SALE AND PURCHASE: { "Sellg� 1 z _Qjjv.ofAalroV Bauch, a Florida Munielnai Cor130rarina ;g�tLiTj+CamPA*Y 3 ,t �5bRN R V �xtca � LW A F't.nR�D�k (.,,�u2 --- 4 agree o sell ano ouy on the terms and condltlbni specified below the property ( "Propertyl') described as: s Address: s legal Description: e 10 including all Improvements and the following-additional property: 1t 12 PRICE AND FINANCING 14 15 2, PURCHASE PRICE: S Q payable by Buyer In U,$. funds as follows: 1s (a) $__L'19- Ck DepoSA received (checks are Subject to clearance) on by for delivery to Steven D Rubin i s� Signature Name of Company (°Escrow Agentl 2 (Address of Escrow Agent} 98 �, eral lvhwav S ,rto 434 BoC� RR ,k, n Ftnrfrra 3343 _ (Phone * of Escrow Agent - (b) $ Additional deposit to be delivered to Escrow Agent by or days from Effective Date (10 days if left blank). (c) Total finandng (see paragraph 3 below) (express as a dollar amount or percentage) (d) g Other: Bal to close not including Buyer's closing costs, prepaid items and proratlons). All funds ance (e) $ 'Sj7' a� paid at storing mustbe pald)by IACaIIy drawn cashier's check, official check or wired funds. ( g ply ilpurat>see_prjce y�lli_bs determined. based on a r unit cost instead of a fixed price) The unit used to )- 1s determine the purchase price is El tot ❑ acre ❑ square foot ° ' -r unit based on a calculation of 1e prorating areas of teas than a full unit. The purchase price will Florida licensed surveyor in accordance with Paragraph 8(c) of 20 total area of the property as certified to Buyer and Setter by zi this Contract. The following rights of way and ofher areas wilt be excluded from the calculation: . 22 23 3. CASHIFINANCING: (Check as applicable) 0 (a) Buyer will pay cash for the Property whit no financing contingency. 24 ❑ (b) This within � is contingent ays Buyer (if left left bl nk thenoclosingg Date ore 30 days)from Effective Date, 25 whichever O for Financing within days from Effective Date (g 26 whichever occurs first) (the "Financing period,). Buyer will apply g 27 days if left blank) and will timely provide any end all credit, employment, financial and other information required by the 28 lender. If Buyer, after using diligence and good faith, cannot obtain the Finan0ig within the Financing Period, either party 2s may cancel this Contract and Buyer's deposit(s) will be returned after Escrow Agent receives proper authorization from all 30 interested parties. 31 ❑ (1) New Flnancing: Buyer will secure a commitment for new third party financing for 32 $ or % of the purchase price at the prevailing interest rate and loan coals based on 33 Buyer s creditworthiness. Buyer will keep Seller and Broker fully informed 0f the can appacatlon status and progress 34 and authorizes the lender or mortgage broker to disclose all such information to Seiler and Broker. 35 ❑ (2) Seiler Financing: Buyer will execute a 17 first ❑ second purchase money note and mortgage to Seller 36 in the amount of S _.._, bearing annual Interest at -'A and payable 37 as follows:. acceptable enerall 3s The mortgage, note, and any security agreem IstiQ i�aled; wi loprovide fr a [cotSalter mentt fee lland acceleration at the 39 accepted In the county where the Property without penalty all or art of the principal at any eo mortgagee's option it Buyer defaults; will give Buyer the right to prepay p tY P 4t tong) with interest only to date of payment: will be due on conveyance or sale; will provide for release of contiguous 42 parcels, if applicable; and will require Buyer to keep liability Insurance on the Property, with Seiler as additional named 43 insured. Buyer authorizes Seller to obtain credit, employment and other necessary information to determine 4a creditworthiness for the finandng. Seller will, within 10 days from Effective Date, give Buyer written notice of whether or 45 not Seller will make the loan. i.,��'^�� _) ) a °krrowiedge receipt of a copy of ttlis page. which is page 1 of 7 Pages. 46 Buyer and Sailer VAGe Rev. 4/0i 02007 Flctiitla Aasodetion d Rarrion4. All riphk rue ved. U-nmd to Aka Star S~Q. User Reps S- OMOM03D3e23523.1021 Software and Added Formatting Copyright 2007 Alta Star Software, Inc. All Rights Reserved. (305) 279 -8888 Exhibit _B 47 O (3) Mortgage Assumption: Buyer will take title subject to and assume and pay existing first mortgage to 48 L4 In the approximate amount of 49 S currently payable at _ _ _ _ _ __ —__ per month Including principal, interest. ❑ taxes so and insurance and having a ❑ fixed ❑ other (describe) 61 Interest rate of % which U will ❑ will not escalate upon assumption. Any variance in the mortgage will 52 be adjusted in the balance due at closing with no ad)usbnent to purchase price. Buyer will purchase Seller's escrow sa account dollar for dollar. If the lender disapproves Buyer, or the Interest rate upon transfer exceeds % or the 54 assumptiontiransfor fee exceeds $ , either party may elect to pay the excess, failing which this 56 agreement will terminate and Buyer's deposit(s) will be returned. 56 CLOSiNG GiQB'E.►f�.�, 57 d. CLOSING DATE: OCCUPANCY: This Contract will be closeA the deed and possession delivered 5a Aarll f5 �= ( "Closing Date'). Unless the Closing Date is specificalty 59 extended by the Buyer and Seller or by any other provision m this Contract, the Closing Date shall prevail over all other time so periods including, hart not limited to, financing and feasibigty study periods. If an Closing Date Insurance underwriting is at suspended, Buyer may postpone closing up to 5 days after the "snsurance suspension is lifted. if this transaction does not 62 close for any reason, Buyer vrill imtttediatety return all Salter provided title evidence, surveys, association documents and 83 other Items, a4 S. CLOSING PROCEDURE, COSTS: Closing will take place in the county where the Property is located and may be 66 conducted by mall or electronic means. If title insurance Insures Buyer for title defects arising between the title binder effective ed date and recording of Buyer's deed, closing agent will disburse at closing the net sale proceeds to Seiler (in local cashier's 67 checks if Sailor requests in writing at least 5 days prior to closing) and brokerage fees to Broker as per Paragraph 17. In se addition to other expenses provided in this Contract, Seller and Buyer will pay the costs indicated below. e9 (a) Seller Costs: 70 Taxes on the deatd 71 Recording fees for documents needed to cure title 72 Title evidence (if applicable under Paragraph S) 73 Other. 74 (b) Buyer Costa: 75 Taxes and recording fees on notes and mortgages 78 Recording fees on the deed and financing statements 77 Loan expenses 78 Lender's title policy at the simultaneous issue rate so Survey and sketch at InsuraM - - - -- - _ u Other. e3 (c) Tltlo Evidence and Insurance: Check (1) or (2 ): e4 X (1) The title evidence will be a Paragraph 8(2)(1) owners title insurance commitment. ❑ Salter will select the title us agent and will pay for the owner's title policy, search, examination and related charges or X Buyer will. select the title so agent and pay for the owner's title policy, search, examination and related charges or © Buyer will select the title agent 07 and Sailer will pay for the owner's title policy, search, oxamination and related charges. as O (7) Seller will provide an abstract as specified In Paragraph 8(a)(2) as title evidence. ❑ Seller 0 Buyer will se pay for the owner's title policy and select the title agent. Seiler will pay fees for title searches prior to closing, including 99 tax search and lien search fees, and Buyer will pay fees for title searches after closing (i( any), title examination fees and at closing fees. 92 (d) Prorations: The following items will be made current and prorated as of the day before Closing Date: real estate 93 taxes, Interest, bonds, assessments, leases and other Property expenses and revenues, if taxes and assessments for the 94 current year cannot be determined, the previous year's rates will be used with adjustment for any exemptions. 95 PROPERTY TAX DISCLOSURE SUMMARY: BUYER SHOULD NOT RELY ON THE SELLER'S CURRENT PROPERTY se TAXES AS THE AMOUNT OF PROPERTY TAXES THAT BUYER MAY BE OBLIGATED TO PAY IN THE YEAR D7 SUBSEQUENT TO PURCHASE, A CHANGE OF OWNERSHIP OR PROPERTY IMPROVEMENTS TRIGGERS se REASSESSMENTS OF THE PROPERTY THAT COULD RESULT IN HIGHER PROPERTY TAXES. IF YOU HAVE ANY ss QUESTIONS CONCERNING VALUATION, CONTACT THE COUNTY PROPERTY APPRAISER'S OFFICE FOR too FURTHER INFORMATION. pay ( lic ody: Regarding epeeist assessments imposed by a public body, Heiler will i) tat (e) Special Assessment by Pub 101 the tuts amount of hens that are lic Bed, confirmed and rated before closing and (11) the amount of the last estimate of tea the assessment if an improvement is substantially completed as of Effective Date but has not resulted in a lien before IN closing, and Buyer will pay all other amounts. if special assessments may be paid In Installments X Buyer ❑ Seiler 105 (It left blank, Buyer) shall pay installments due after closing. If Setter is checked, Seller will pay the assessment In full toe prior to or at the time of closing, Public body does not Include a Homeowner Association or Condominium Association. CIO 107 Buyer Lm r ll (.- .._ ---) and Seller ( (. acknowiedge receipt of a copy of this page, which is Page 2 of 7 Pages. VAC-6 Raw, 4!070 2807 Fortis Assodedon U Remors. All rights rR N KL uosnsad to Ate star safiwara. Software and Added Formatilr>g Copyright 2007 Alta star Softwam, Inc. All Rights Reserved. (305) 279 -8898 toe ({) Tax Withholding: If Seller is a "foreign person" as defined by FIRPTA, Section 1445 of the Internal Revenue Code 109 requires Buyer to withhold 10% of the amount realized by the Seller on the transfer and remit the withheld amount to the 110 internal Revenue Service (IRS) unless an exemption applies. The primary exemptions are (1) Setter provides Buyer with 111 an affidavit that Seller is not a "foreign person ", (2) Seller provides Buyer with a Withholding Certificate providing for 112 reduced or eliminated withholding, or (3) the gross sales price is $300,000 or less, Buyer is an individual who purchases 113 the Proparly to use as a residence, and Buyer or a member of Buyer's family has definite plans to reside at the Property 114 for at least 50% of the number of days the Property is in use during each of the first two 12 month periods after transfer. lis The iRS requires Buyer and Seller to have a U.S. federal taxpayer identification number ("TIN "). Buyer and Seller agree 115 to execute and deliver as directed any Instrument, affidavit or statement reasonably necessary to comply with FIRPTA 117 requirements including applying for a TIN within 3 days from Effective Date and delivering their respective TIN or Soaal 11e Security numbers to the Closing Agent. if Seller applies for a withholding certiticate but the application is still pending as Ile of closing, Buyer will place the 10% tax In escrow at Seller's expense to be disbursed in accordance with the final 12o determination of the IRS, provided Seller so requests and gives Buyer notice of the pending application in accordance 121 with Section 1445. if Buyer does not pay sufficient cash at closing to meet the withholding requirement, Seller will deliver 122 to Buyer at closing the additional cash necessary to satisfy the requirement. Buyer will timely disburse the funds to the 423 iRS and provide Seller with copies of the tax forms and receipts. 124 (g) 1031 Exchange: if either Seller or Buyer wishes to enter into a like -kind exchange (either simultaneously with closing 12s or after) under Section 1031 of the internal Revenue Code ("Exchange "), the other party will cooperate in all reasonable 126 respects to effectuate the Exchange Including executing documents; provided, however, that the cooperating Party will 127 incur no liability or cost related to the Exchange and that the closing shall not be contingent upon, extended or delayed by 128 the Exchange. PROPERTY CONDITION 129 G. LAND USE: Seiler will deliver the Property to Buyer at the time agreed In Its present "as is" condition, with conditions 13o resulting from Buyer's Inspections and casualty damage, If any, excepted. Seller will maintain the landscaping and grounds In 131 a comparable condition and will not engage In or permit any activity that would materially alter the Properys condition without lag the Buyers prior written consent. 133 (a) Flood Zone: Buyer Is advised to verify by survey, with the lender and with appropriate government agencies which 134 flood zone the Property is in, whether flood insurance Is required and what restrictions apply to Improving the Property 1135 and rebuilding in the event of casualty. 136 (b) Government Regulation: Buyer is advised that changes in government regulations and levels of service which affect 137 Buyer's intended use of the Proparty will not be grounds for canceling this Contract If the Feasibility Study Period has 138 expirled or If Buyer has chucked choice (c)(2) below. lie icy Inspections: (cb®ck (1) or (2) below) lea X (1) Feasibility Study: Buyer will, at Buyer's expense and vAthln days from Effective date ("Feasibility 141 Study Perdod"L.determine whether the Property Is suitable, in Buyer's sole and absolute discretion, use. assessment and any 144 anaiysas, surveys arcs r •._. __,_. ___ °-- --_ -- -- , 145 the property's engineering, architectural and environmental properties: zoning and zoning restrictions; subdivision 146 statutes; soil and grade; availability of access to public roads, water, and other utilities; consistency with local, state and 147 regional growth management plans; avallability of permits, government approvals, and licenses; and other inspections 148 that Buyer deems appropriate to determine the Proparty's suitability for the Buyer's intended use. if the Property must 149 be rezoned, Buyer will obtain the rezoning from the appropriate government agencies, Seller will sign all documents 160 Buysr is required to file in connection with development or rezoning approvals. 161 Seller gives Buyer, he agents, contractors and assigns, the right to enter the Property at any time during the Feaslblllty 152 Study Period for the purpose of conducting Inspections; provided, however, that Buyer, Its agents, cont rectors and 163 assigns enter the Property and conduct Inspections at their own risk. Buyer will indemnify and hold Seller hornless 154 from losses, damages, costa, claims and expenses of any nature, including attorneys' fens, from expenses and liability 155 Incurred In application for rezoning or related proceedings, and from liability to any person, arising from the conduct of 150 any and all Inspections or any work authorized by Buyer. Buyerwiil not engage In any activity that could result In a 157 construction lien being filed against the Property without Sellers prior written consent. If this transaction does not Ise close, Buyer will, at Buyer's expense, (1) repair alt damages to the Property resulting from the Inspections and return 159 the Property to the condition it was in prior to conduct of the Inspections, and (2) release to Sol* all reports and other 160 work generated as a result of the Inspections. 161 Buyer wIU delivar written notice to Seller prior to the expiration of the feasibility, Study Period of Buyers determination lea of whether or not the Property is acceptable. Buyer's failure to comply with this notice requirement will constitute 163 acceptance of the Property as suitable for Buyers intended use in its "as is" condition. If the Property Is unacceptable 164 to Buyer and written notice of this fact is timely delivered to Seller, this Contract will be deemed terminated as of the 165 day after the Feasibility Study period ends and Buyers deposits) will be returned after Escrow Agent receives proper I" authorization from all interested parties. 167 C1 (2) No Feasibility Study: Buyer is satisfied that the Property is suitable for Buyers purposes, including being 168 satisfied that either public sewerage and water are available to the Property or the Property will be approved for the 169 Installation of a well andlor private sewerage disposal system and that existing zoning and other pertinent regulations 170 and restrictions, such as subdivision or deed restrictions, concurrancy, growth management and environmental 171 conditions, are acceptable to Buyer. This Contract is not contingent on Buyer conducting any further investigations, 172 Buyer L } L__ ___j and Seller (_,,,_J L--- -I acknowledge recelpt of a copy of this page, which is Page 3 of 7 Pages, VAG9 Rev. 41070 2007 FW6de Auodetion of Ru tsV. Al d" ruerved. L1osnaed to Ab Stu Software. Software and Added Formatting Copyright 2007 Alta Star Software, Inc. All Rights Rvaerved, (305) 27"89a 173 (d) Subdivided Lands: If this Contract is for the purchase of subdivided lands, defined by Florida Law as "(a) Any 174 contiguous land which is divided or is proposed to be divided for the purpose of disposition into 50 or more lots, parcels, 175 units, or Interests; or (b) Any land, whether contiguous or not, which Is divided or proposed to be divided into 50 or more 176 lots, parcels, units, or interests which are offered as a part of a common promotional plan.", Buyer may cancel this Contract 177 for any reason whatsoever for a period of 7 business days from the date on which Buyer executes this Contract. if Buyer 178 elects to cancel within the period provided, all funds or other property paid by Buyer will be refunded without penalty or 17a obligation within 20 days of the receipt of the notice of cancellation by the developer. 18o 7. RISK OF LOSS; EMINENT DOMAIN: H any portion of the Property is materially damaged by casualty before closing, or ie1 Seller negodates wfth a governmental authority to transfer all or part of the Property in Ileu of orninent domain proceedings, or 162 if an eminent domain proceeding is Initiated, Seller will promptly inforrn Buyer. Either party may cancel this Contract by written 183 notice to the other within 10 days from Buyer's receipt of Setter`s notification, failing which Buyer will close in accordance with 1a4 this Contract and receive all payments made by the government authority or insurance company, if any, 185 TITLE Ise 8. TITLE: Seller will convey marketable title to the Property by statutory warranty deed or trustee, personal representative or 167 guardian deed as appropriate to Seller's status. 188 (a) Title Evidence: Title evidence will show legal access to the Property and marketable title of record in Seller in 169 accordance with current title standards adopted by the Florida Bar, subject only to the following title exceptions, none of 10 which prevent Buyer's intended use of the Property 191 as 102 covenants, easements and restrictions of record; matters of plat; existing zoning and government regulations; oil, gas and 193 mineral rights of record if there is no right o merit taxes; mo h uyerwill assume; and encumbrances that 104 Seller wili discharge at or before closing. V deliver to Buyer &dice of one of the following types of He 195 evidence, which must be generally accepted In the county where the Property is located (specify in Paragraph 5(c) the i96 selected type). Seller wlil use option (1) In Palm Beach County and option (2) in Dade County. 197 (1) A title Insurance commitment issued by a Florida - licensed title insurer In the amount of (he purchase price and Ise subject only to title exceptions set forth In this Contract and delivered no later than 2 days before Closing Date. log (2) An oxlsting abstract of title from a reputable and existing abstract firm (9 firm is not existing, then abstract must be zoo certified as correct by an existing firm) purporting to be an accurate synopsis of the instruments affecting lido to the 201 Property recorded in the public records of the county where the Property is located and certified to Effective Date, 202 However if such an abstract Is not available to Seller, then a prior owner's title policy acceptable to the proposed 203 insurer as a base for reissuance of coverage Seiler will pay for copies of all policy exceptions and an update in a format 204 acceptable to Buyer's closing agent from the policy effective date and certified to Buyer or Buyer's closing agent, 205 together with copies of all documents recited in the prior policy and in the update. if a prior policy is not available to Seller 206 then (1) above will be the title evidence. Title evidence will be delivered no later than 10 days before Closing Date. 207 (b) Title Examination: Buyer will examine the title evidence and deliver written notice to Seller, wfthin 5 days from receipt 268 of title evidence but no later than`closing, of any --30— days- --free - - _ urative Perlocil to cure the defects at Seller's expense, if Seller cures the defects 210 within the Curative Period, Seller will deliver written notice to Buyer and the parties will c4ose ffie transaction on osing 211 Date or within 10 days from Buyer's receipt of Seller's notice if Closing Date has passed. If Seller is unable to cure the 212 defects within the Curative Period, Seller will deliver written notice to Buyer and Buyer will, within 10 days from receipt of 21a Seller's notice; elther cancel this Contract or accept title with existing defects and close the transaction. 214 (c) Survey: Buyer may, prior to Closing Date and at Buyer's expense, have the Property surveyed and deliver written notice 215 to Seiler, within 5 days from receipt of survey but no later than 5 days prior to closing, of any encroachments on the 216 Property, encroachments by the Property's improvements on other lands or deed restriction or zoning violations. Any such 211 encroachment or violation will be treated in the same manner as a title defect and Buyer's and Sellers obligations will be 210 determined in accordance with subparagraph (b) above. 719 (d) Coastal Construction Control Line: If any part of the Property ties seaward of the coastal construction control line as 220 defined in Section 161.053 of the Florida Statutes, Seller shall provide Buyer with an affidavit or survey as required by law 221 delineating the line's location on the Property. unless Buyer waives this requirement in writing. The property being 222 purchased may be subject to coastal erosion and to federal, state, or locai regulations that govem coastal property, 223 including delineation of the coastal construction control line, rigid coastal protection structures, beach nourishment, and the 224 protection of marine turtles. Additional information can be obtained from the Florida Department of Environmental 225 Protection, Including whether there are significant erosion conditions associated with the shoreline of the Property being 226 purchased. 227 j� Buyer waives the right to receive a CCCL affidavit or survey. 228 MISCELLANEOUS 228 9, EFFECTii/E DATE; TIME; FORCE MAJEURE: 2a0 (a) Effective Date: The "Effective Date" of this Contract is the date on which the last of the parties initials or signs and 231 delivers final offer or counteroffer. Time is of the essence for all provisions of We Contract. 252 (b) Time: 253 All time periods expressed as days will be computed in business days (a 'business day" is every calendar day except 234 Saturday, Sunday and national legal holidays). If any deadline falls on a Saturday, Sunday or national legal holiday, 236 performance will be due the next business day. Ali time periods will end at 50 p.m, local time (meaning in the county 236 where the Property is located) of the appropriate day. 237 E;uyer (�J (__,___) and grader(, f } acknowledge receipt of a copy of this page, which is Page a of 7 Pagee. VAG9 Rw. 4767 a9 2D07 FWds Asaoodlon d ReW1&90. Al Aphts rmrved. Ucensed to AU Stu Wwrre. Software and Added Formatting Copyright 2007 Alta Star Software, Inc. Ali Rights Reserved. (305) 2794898 230 (c) Force Majeuro: Buyer or Seller shall not be required to perform any obligation under this Contract or be liable to each 239 other for damages so long as the performance or non - performance of the obligation is delayed, caused or prevented by zoo an act of God or force majeure. An "act of God" or "force majeure" is defined as hurricanes, earthquakes, floods, fire, 241 unusual transportation delays, wars, insurrections and any other cause not reasonably within the control of the Buyer or 242 Seller and which by the exercise of due diligence the non- performing party ! unable In whole or in part to prevent or 243 overcome. All time periods, including Closing Date, will be extended (not to exceed 30 days) for the period that the force 244 majeure or act of God is in place. In the event that such "act of Cod" or "force majeure" event continues beyond the 30 gas days in this sub - paragraph, either party may cancel the Contract by delivering written notice to the other and Buyer's 248 deposit shall be refunded. 2a7 10. NOTICES: All notices shall be in writing and will be delivered to the parties and Broker by mail, personal delivery or tae electronic media. Buyer's failure to deliver timely written notice to Seller, when such notice Is required by this Contract, 249 regarding any contingencies will render that contingency null and void and the Contract will be construed as if the 250 contingency did not exist. Any notice, document or item delivered to or received by an attorney or licensee (including 251 a transaction broker) representing a party will be as effective as If delivered to or by that party. 252 11. COMPLETE AGREEMENT: This Contract is the entire agreement between Buyer and Seller. Except for brokerage 253 agreements, no prior or present agreements will bind Buyer, Stiller or Broker unless Incorporated into this Contract 254 Modifications of this Contract will not be binding unless in writing, signed or initialed and delivered by the party to be.bound. 2s6 This Contract, signatures, initials, documents referenced In this Contract, counterparts and written modifications 256 communicated electronically or on paper Wil be acceptable for all purposes, Including delivery, and will be binding. 257 Handwritten or typewritten terms Inserted in or attached to this Contract prevail over preprinted terms. If any provision of this 250 Contract is or becomes invalid or unenforceable, all remaining provisions will continue to be fully effective. Buyer and Setter 2ss will use diligence and good faith in performing all obligations under this Contract This Contract will not be recorded in any 260 public records. 201 12. ASSIGNABILITY, PERSONS BOUND: Buyer may not assign this Contract without Sellef s wduan consent, The terms 262 "Buyee', "Seller", and "Broker" may be singular or plural. This Contract is binding on the heire, administrators, executors, 263 personal representatives and assigns (if permitted) of Buyer, Seiler and Broker. 264 DEFAULT AND DISPUTE RESOLUTION 265 13. DEFAULT: (a) Seller default If for any reason other than failure of Seller to make Sellef s title marketable after diligent 266 effort, seller fails, refuses or neglects to perform this Contract, Buyer may choose to receive a retum of Buyer's deposit 207 without walving the right to seek damages or to seek specific performance as per Paragraph 14. Seller will also be liable to zss Broker for the full amount of the brokerage fee. (b) Buyer Default: If Buyer fails to perform this Contract within the time tea speatieq, InGluorng imlary payurvuc Vr as uclrvar.o, +o. +o• ••• -, - --- -- • -..- - - - - -- -- - a,=.p kWmA JdalerUamages note seek sPOctfic performance as per Paragraph 14; and Broker will, upon demand, receive 50% _ — 271 of all deposits paid and agreed to be paid (to be split equally among amountofthe-brokersgeiee— -- 272 14, DISPUTE RESOLUTiON; This Contract will be construed under Florida law. Ail controversies, claims, and other matters In 273 question arlsing out of or relating to this transaction or this Contract or its breach will be settled as follows: 274 (a) Disputes concerning entitlement to deposits made and agreed to be made: Buyer and Seller will have 30 days 278 from the date conflicting demands are made to attempt to resolve the dispute through mediation. If that fails, Escrow Agent 276 will submit the dispute, If so required by Florida law, to Escrow Agent's choice of arbitration, a Florida court or the Florida err Real Estate Commission. ( "FREC"). Buyer and Seller will be bound by any resulting award, judgment or order. A broker's 278 obligation under Chapter 475, FS and the FREC rules to timely notify the FREC of an escrow dispute and timely resolve the 279 escrow dispute through mediation, arbitration, Interpleader, or an escrow disbursement order, if the broker so chooses, 260 applies only to brokers and does not apply to title companies, attomeys or other escrow companies. gas (b) All other disputes: Buyer and Seller wlil have 30 days from the date a dispute arises between them to attempt to 2az resolve the matterthrough mediation, failing which the parties will resolve the dispute through neutral binding arbitration in 203 the county where the Property is located. The arbitrator may not Wier the Contract terms or award any remedy not provided 264 for in this Contract. The award will be based on the greater weight of the evidence and will state findings of fact and the gas contractual authority on which It Is based. If the parties agree to use discovery, itwill be in accordance with the Florida Rules 286 of Civil Procedure and the arbitrator will resolve all discovery - rotated disputes. Any disputes. with a real estate licensee 267 named In Paragraph 17 wilt be submitted to arbitration only if the licensee's broker consents in writing to become a party to 288 the proceeding. This dauas will survive closing. 289 (c) Mediation and Arbitration; Expenses: "Mediation" is a process In which parties attempt to resolve a dispute by 290 submitting It to an Impartial mediator who facilitates the resolution of the dispute but who is not empowered to Impose a 281 settlement on the parties. Mediation will be In accordance with the rules of the American Arbitration Association ( "WI or 292 other mediator agreed on by the parties. The parties will equally divide the mediation fee, if any. "Arbitration" is a process in 293 which the peril" resolve a dispute by a hearing before a neutral person who decides the matter and whose decision is 290 binding on the parties. Arbitratton wtil be In accordance with the rules of the AAA or other arbitrator agreed an by the parties. 294 Each party to any arbitration will pay its own fees, costs and expenses, Including attomeys' fees, and will equally split the 296 arbitrators' fees and administrative fees of arbitration. In a civil action to enforce an arbitration award, the prevailing party to 297 the arbitral on shall be entitled to recover from the nonprevalling party reasonable attorneys, fees, costs and expenses. 298 Suyer L—_....a end Salbr (, __ _} t_ ,– a acknowledge recelpt ofa copy of this page, which is Page 5 of 7 Pages, VAG9 Rev. 4M7 0 2007 nettle Auodatfon or Raagarsm. AN rights resin ed. uceruW to Alta Slat software. Software and Added Formatting Copyright 2007 Alta Star Software. Inc. All Rights Raservr:d. (508) 2784888 299 ESCROW AGENT AND BROKER zoo 15. ESCROW AGENT: Buyer and Seller authorize Escrow Agent to receive, deposit and hold funds and other items in escrow 3o1 and, subject to clearance, disburse them upon proper authorization and in accordance with Florida law and the terms of this 3o2 Contract, including disbursing brokerage fees. The parties agree that Escrow Agent will not be liable to any person for 303 misdelivery of escrowed items to Buyer or Seller, unless the misdefivery Is due to Escrow Agent's willful breach of this 304 Contract or gross negligence. if Escrow Agent interpleads the subject matter of the escrow, Escrow Agent will pay the filing aos fees and costs from the deposit and will recover reasonable attorneys' fees and costs to be paid from the escrowed funds or 3o6 equivalent and charged and awarded as court costs in favor of the prevailing party, All claims against Escrow Agent will be 307 arbitrated, so long as Escrow Agent consents to arbitrate. zoo 16. PROFESMONAL ADVICE; BROKER LIABILITY: Broker advises Buyer and Seller to verify all fads and representations zoo that are important to them and to consult an appropriate professional for legal advice (for example, interpreting contracts, 310 determining the effect of laws on the Property and transaction, status of title, foreign investor reporting requirements, the effect 311 of property lying partially or totally seaward of the Coastal Construction Control Line, etc.) and for tax, property condition, 312 environmental and other specialized advice. Buyer acknowledges that Broker does not reside in the Property and that all 313 representations (oral, written or otherwise) by Broker are based on Seiler representations or public records. Buyer agrees to 314 rely aoisly on Seller, professional Inspectors and governmental agencies for verification of the Property condition and 3rs facia that materially affect Property value. Buyer and Seger respectively will pay all costs and expenses, including 31e reasonabte attorneys' fees at all levels, incurred by Broker and Broker's officers, directors, agents and employees in 317 connection with or arising from Buyer's or Seller's misstatement or failure to perform contractual obligations. Buyer and Seller 318 hold harmiesa and release Broker and Brokers officers, directors, agents and employees from all liability for loss or damage 319 based on (1) Buyer's or Sellers misstatement or failure to perform contractual obligations; (2) Brokers performance, at 320 Buyer's and/or Seller's request, of any task beyond the scope of services regulated by Chapter 476, F.S., as amended, 3z1 including Broker's referral, recommendation or retention of any vendor; (3) products or services provided by any vendor; and 322 (4) expenses incurred by any vendor. Buyer and Seller each assume full responsibility for selecting and compensating their 323 respective vendors. This paragraph will not relieve Broker of statutory obligations, For purposes of this paragraph, Broker will 324 be treated as a party to this Contract. This paragraph will survive closing. 325 17. BROKERS: The licensees) and brokerage(s) named below are collectively referred to as "Broker." Instruction to closing 328 Agent: Seller and Buyer direct closing agent to disburse at closing the full arnount of the brokerage fees as specilled In 327 separate brokerage agreements with the parties and cooperative agreements between the brokers, except to the extent Broker 324 has retained such fees from the escrowed funds. In the absence of such brokerage agreements, closing agent will disburse 329 brokerage fees as indicated below. This paragraph will not be used to modify any MLS or other offer of compensation made by 330 Seller or listing broker to cooperating brokers. 131 MIA NIA 332 Seffing Sates AssociatevUcense No, Salting F(m 43n* rage Fee; (5 or % of Purchase Price) 333 334 Usl(ng Sales AssocfatalLkVnse No. __ __ — listing FIMNSrokerage Fee: (f or % of Purrhaso Prke) 336 ADDITIONAL. TERMS 338 18. ADDITIONAL TERMS: 337 Sea Addendum 33a 339 340 341 342 343 344 345 346 - - -- - - - - 347 Buyer s L_____) and Seller ( __) ( acknrnNedge receipt of a copy of this page, which is Page 6 of 7 Pages. VAG9 Rol. 4107 C 2007 RX7144 Auodgion cr Rea roe, AM rights reswod. Lkwood to Ab Star 3ooftwt. Software and Added Formatting Copyright 2007 Alta Star Software, Inc. All Rights Reserved. (305) 279.8898 348 949 390 351 352 353 354 355 356 357 350 This to intended to be a logally binding contract. if not fully understood, seek the advice of an attorney prior to signing. 359 OFFER AND ACCEPTANCE 360 (Check if applicable: © Buyer received a written real property disclosure statement from Seller before making this Offer.) 3a1 Buyer offers to purchase the Property on the above terns and conditions. Unless this Contract is signed by Seller and a copy 352 delivered to Buyer no later than E] a.m. CI p,m, on this 363 offer will be revoked and Buyer's deposit refunded subject to clearance of funds. 384 COUNTER OFFER / REJECTION 36s L1 Seiler counters Buyer's offer (to accept the counter offer, Buyer must sign or initial the counter offered terms and deliver 9e9 a copy of the acceptance to Seller. Unless otherwise stated, the time for acceptance of any counteroffers shall be 2 days from 307 the date the counter is delivered. ❑ Seiler rejects Buyer's offer. Wgar C'aRt��R.. �°Clst2te,'t.lL., Fja�,da - fM,�to� 1,►4btlt,� �'eMw4•Y 8y� tRt�l6ct.dalC.raPr3ftuiCt AF14,r,da-1"or¢Arac{',•��►"l''` i�+wdAt.ruL rt- itrrl9�tR 306 Date: "� Buyor 369 Print name: K V:6 IOU Rtaver 371 Phone: ZIA 1Q0 Print name: - — srz Fax �� �• "� #��' ;q �Addre_ss:_. 0 Sou a anal Hiohway Suite 2p� De1ra�Beach,_F(gr({j$ 33483 373 Email: soft MaKasiaeJ =ChM City of Delray Beach, a Florida Municipal Corporation 374 Date: 376 376 Date: 377 Phone: 378 Fax 379 Email: 360 Seller: Print name: Sailor. Print name: Address: jQpA-W First Aveaug. Delray Beach--EiStIi9(a 3 444 Effective Date: (The date on which the last party signed or initialed and delivered the final offeror counteroffer.) 361 Buyer G L____.-.._) and Sailor L----J ( acknowledge receipt of o copy of this page, which is Page 7 of 7 Pages. The Fonda AssociOm of REALTORS and to a eo&'dA+vod"w of REALTORS make no raprasentatlon u to the legal validity or "L" of any proNalon of the form In any spsdfic transact tut. Tits standardized ram should not be used in complex trvnwell" of vMh axtendve riders or addition. Tito form Is ovaubte far uaa by the antira naal gets% inAMey and Is not intended to Idtrrttlty the user u a REALTOR. REALTOR is a registered ooWollve membership mark that may be uaad only by reel estate iicenaaea who are members d the Nstlafal Assodation d REALTORS and vRw subbarlbe to he Code er Ethtoa. The oopyM1QM ire's d the Untied Stahm (17 U.S. Code) torbld the mWhodted Np'odudlon or dank fame by any means including fsouim ile a compuWriwd famb. VAC-9 Rev. 410702007 Florida Aaaodallon of RlNtaraIP. All rights res+rvad. Lloansad to Aks Star Software. software and Added Formatting Copyright 2OD7 Alta Star Software, Inc, All PJghts R9sorved. (305) 278 -NOB ALTA STIR Addendum to Contract for Sale and Purchase Buyer: WEyrO,4K*VR: Ur.OV OQ.-g1 c_ La 1stPtor, cka. 1 ,►m,+!OeJI.,{,.b +l�- 'yC- OnfDany Seller: City of Delray Beach, a Florida Municipal Corporation Property: sezF EX+4 %0rr 'A' The parties further agree as follows: 1. Buyer shall pay all closing costs, including without limitation, documentary stamp taxes on the deed, recording fees and title evidence. 2. Buyer may not assign this Contract. 3. Seller makes no representations or warranties concerning the occupancy of the Property. 4. Buyer shall notify Seller of any defects in title not less than ten (10) days prior to closing. Seller shall have no obligation to cure any defects in title. Buyer's sole remedy shall be to accept title to the property "as is" and close the transaction, or to cancel the Contract. In the event Buyer elects to cancel the Contract, Buyer shall notify Seller of Buyer's option to cancel no later than the. date of closing. _ $ Seller sli" convey title to t1fe- suiVject prop y i it� "Claim Deed. _._.. 6. --There are no brokers involved in this transaction. All references to `Broker" in the Contract are hereby deleted. 7. Paragraphs (13) and (14) of the Contract are hereby deleted. In lieu thereof, the following is substituted; If Buyer fails to perform this Contract within the time specified, including payment of all deposits, the deposit(s) paid by Buyer and deposit(s) agreed to be paid, may be recovered and retained by and for the account of Seller as agreed upon liquidated damages, consideration for the execution of this Contract and in full settlement of any claims; whereupon, Buyer and Seller shall be relieved ofad obligations under this Contract, or Seller, at Seller's option, may proceed in equity to enforce Seller's rights under this Contract. If for any reason other than failure of Seller to make Seller's title marketable after diligent effort, Seller fails, neglects or refuses to perform this Contract, the Buyer may seek specific performance or elect to receive the return of Buyer's deposit(s) without thereby waiving any action for damages resulting from Seller's breach. Paragraph (16) of the Contract is hereby deleted. Page I of 3 W71 Paragraph (17) of the Contract is hereby deleted. 10, This Contract is contingent upon its approval by the City of Delray Beach Commission. 11. ?R4PERTY �C7NVEXED AS IS. WIdERE, IS. Except as otherwise provided in this Agreement, the Seller makes no warranty or representation regarding the title to the Property and makes no representation or warranty either expressed or implied regarding the condition, operability, safety, fitness for intended purpose, use, governmental requirements, development potential, utility availability, legal access, economic feasibility or any other matters whatsoever with respect to the Property. Buyer specifically acknowledges and agrees that the Seller shall convey the Property on an "AS IS, WHERE IS, AND WITH ALL FAULTS" basis and that, except for the Seller's representations and warranties specifically set forth in this Agreement, Buyer is not relying on any representations or warranties of any kind whatsoever, express or implied, by Seller or its respective agents, officers, or employees, as to any matters concerning the Property including, without limitation, any matters relating to (1) the quality, nature, adequacy, or physical condition of the property (2) the quality, nature, adequacy or physical condition of soils, fill, geology, or any groundwater, (3) the existence, quality, nature, adequacy or physical condition of utilities serving the Property, (4) the development potential, income potential, expenses of the Property (5) the Property' value, use, habitability, or merchantability, (6) the fitness, suitability, or adequacy of the Property for any particular use or purpose, (7) the zoning or other legal status of the Property, (8) the compliance of the Property or its operation with any applicable codes, laws, rules, regulations, statutes, ordinances, covenants, judgments, orders, directives, decisions, guidelines, conditions, or restrictions of any governmental or quasi - governmental entity or of any other person or entity, including, without limitation, environmental person or entity,, including without limitatin _x — -- — environmental aws, a presence ofilaW ous hazardous ortoxic matter on, under, or about the Property or adjoining or neighboring property, (14) the freedom of the Property from latent or apparent defects, (11) peaceable possession of the Property (12) environmental matters of any kind or nature whatsoever relating to the Property (13) any development order or agreement, or (14) any other matter or matters of any nature or kind whatsoever relating to the Property or any improvements located thereon. The Seller shall not have any obligation to repair, replace, or remediate the Property or any portion thereof, and Buyer understands that the Property is conveyed" AS IS." As used herein, the term "Hazardous Materials" means (i) those substances included within the definitions of "hazardous substances ", "hazardous materials' "toxic substances" or "solid waste" in the Comprehensive Environmental Response, Compensation and Liability Act of 1980, 42 U.S.C. §964 et seq., the Resource Conservation and Recovery Act of 1976, 42 U.S.C. § 6901 et seq., the Hazardous Materials Transportation Act, 49 U.S. C. § i go et seq., or the Clean Water Act, 33 U.S.C. §1321 et seq., as amended, and in the regulations promulgated pursuant thereto; (ii) those substances listed in the United States Department of Transportation Table (49 CFR § 172.101) or by the Environmental Protection Agency as "hazardous substances ", "hazardous materials ", "toxic substances" or "solid waste ", (iii) such other substances, materials and wastes which are regulated, or classified as hazardous or toxic, under applicable local, state or federal laws, ordinances or Page 2 of 3 ii r regulations; and any material, waste or substance which is petroleum, asbestos, polychlorinated, biphenyls, flammable explosives or radioactive materials. Notwithstanding the foregoing, from and after the Effective Date, Seller shall operate and maintain the Property and shall cause the Property to be operated and maintained in a nlw=r generally consistent with past practices and in a manner fully compliant with applicable law and the Seller shall reasonably endeavor to prevent the introduction of any Hazardous Materials onto the Property, reasonable wear and tear excepted. 12. GQYERNMENTALF1.INCTIONS' Notwithstanding anything to the contrary contained in this Contract: a. Even though the City has certain contractual obligations under this Contract such obligations shall not relieve any person subject to this Contract from complying with all applicable governmental regulations, rules, laws, and ordinances. b. To the. extent approval or permission must be obtained from the City, such approval or permission shall be granted or denied in accordance with applicable governmental regulations, rules, laws, and ordinances, and no person shall have any vested rights. C. The City has not waived its sovereign irnmtnaity and the limits of tort liability set forth in F. S. § 768.28 (5)(2008) of $100,000.00 per person and $200,000.00 per occurrence shall apply; -Any ac� tiro y or impairment or waiver of, or otherwise affect City's rightto exercise its discretion in connection with its governmental or quasi - governmental functions. 1n119$T CogtiCk kMO'NkEI4LLO) A FwRIOA .:;� -C*T- 12 Date Date EWE ism CITY OF DELRAY BEACH, a Florida Municipal Corporation BY: Page 3 of 3 Nelson S. McDufhe, Mayor ,w Rm 1. REPRODUCTIONS OF THIS SKETCH ARE NOT VALID UNLESS SEALED WITH AN EMBOSSED SURVEYOR'S SEAL. 2. SURVEY MAP OR THE COPIES THEREOF ARE NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL DF A FLORIDA LICENSED PROFESSIONAL LAND SURVEYOR. 3. LANDS SHOWN HEREON ARE NOT ABSTRACTED FOR RIGHTS —OF —WAY, EASEMENTS, OWNERSHIP, OR OTHER INSTRUMENTS OF RECORD. 4. BEARINGS SHOWN HEREON ARE RELATIVE TO AN ASSUMED DATUM. 5. THE 'DESCRIPTION" SHOWN HEREON WAS PREPARED BY THE SURVEYOR. 6. ADDITIONS OR DELETIONS TO SURVEY MAPS BY OTHER THAN THE SIGNING PARTY OR PARTIES IS PROHIBITED WITHOUT WRITTEN CONSENT OF THE SIGNING PARTY OR PARTIES. 7. DATA SHOWN HEREON WAS COMPILED FROM THE INSTRUMENT OF RECORD AND DOES NOT CONSTITUTE A BOUNDARY SURVEY AS SUCH. REPLAT OF THE EAST HALF (E 1/2) OF THE WEST HALF (W 1/2) OF LOT 29, AND THE WEST HALF (W 1/2) OF THE EAST HALF (E 1/2) OF LOT 29 OF MAP ' FILED IN PLAT BOOK 1, PAGE 4, PALM BEACH COUNTY RECORDS IN SOUTHWEST QUARTER (SW 1/4) SECTION 20, TOWNSHIP 46 SOUTH, RANGE 43 EAST, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 23, PAGE 43, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. SAID LANDS SITUATE IN THE CITY OF DELRAY BEACH, PALM BEACH COUNTY, FLORIDA. SUBJECT TO EASEMENTS, RESTRICTIONS, RESERVATIONS, COVENANTS, AND RIGHTS —OF —WAY OF RECORD. I HEREBY CERTIFY THAT THE ATTACHED SKETCH OF DESCRIPTION OF THE HEREON DESCRIBED PROPERTY IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF AS PREPARED UNDER MY DIRECTION ON FEBRUARY 7, 2012, 1 FURTHER CERTIFY THAT THIS SKETCH OF DESCRIPTION MEETS THE MINIMUM TECHNICAL STANDARDS SET FORTH IN CHAPTER 5J-17 ADOPTED BY THE FLORIDA BOARD OF SURVEYORS AND MAPPERS, PURSUANT TO FLORIDA STATUTES 472.027. SHEET 1 OF 2 Am CAULFIELD & WHEELER, INC. I AFAR h}s. CIVIL ENGINEERING — LAND SURVEYING j 7301A W. PALMETTO PARK ROAD °- SUITE 100A AwmL BOCA RATON, FLORIDA 33433 PHONE (561)- 392 -1991 / FAX (561)- 750 -1452 SQ SON THE WEST 15 FEET OF THE EAST 215 FEET LOT 16 AR JEFFREY R, WAGNER, P.L,S. REG. LAND SURVEYOR #5302 STATE OF FLORIDA — LB #3591 DA1'E 2/7/12 F.B. / PG. N/A SCALE AS SHOWN "l: ARDRMATI10W i 21 ORB + OFFICIAL RECORDS BOON ix:A1�L R/W RIGHT OF WAY 0 . DELTA (CENTRAL ANGLE) >L� L ARC LENGTH R RADIUS o < CB.CATCH BASIN w i CONC. SOUTH UNE lOT 1Z APRON SOUTH LINE LOT 12 NORTH LWE LOT 13 I C6. RW�1644 Il. -I6.�3(H7 u.•+aw(sJ 15.00' a LOT 13 W L 0 T 13 215.00' WOOD Av$1 6OUTH LINE LOT 17 LOUTH LINE LOT 13 HORTH LPJE LOT 14 i NORTH LWE LOT 14 SBB'46'49'W 64.23' r LOT 14 LOT 14 i V W� k RON R +u..t177 J CAULFIELD & WHEELER, INC:. CIVIL ENGINEERING LAND SURVEYING 7301A W. PALMETTO PARK ROAD — SUITE 100A 60CA RATON, FLORIDA 33433 PHONE (561)- 392 --1991 / FAX (561)- 750 -1452 ESQUIRE SUED ASIO THE WEST 15 FEET OF THE EAST 215 FEET LOT 15 AM) N(LON�tiEI1T m--1 r�rrkrlROr DATE 2/7/ 12 DRAWN BY ACE F.B. PG. N/A SCALE AS LOT 15 JOB NO. L 0 T 15 a' I worn P, P, N66'46'49'E 67.31' ,.1 � ....... - N6646'49'E SOUTH uNE LOT 15 200,15' P.P. SOUTH LINE LOT 15 NOttTH UNE LOT 16 NORTH UNE LOT f6 r n 215,00' ® s s LOT 18 LOT 16 15.00' RIM 1362 C6 Rw.,a9 2oa1s' RIGHT—� ^WAY CONC 566' '49'W APR SW 1111,!1 STREET — — (ASPHALT ROADWAY) ADO Od pONC. r LLJJ J CAULFIELD & WHEELER, INC:. CIVIL ENGINEERING LAND SURVEYING 7301A W. PALMETTO PARK ROAD — SUITE 100A 60CA RATON, FLORIDA 33433 PHONE (561)- 392 --1991 / FAX (561)- 750 -1452 ESQUIRE SUED ASIO THE WEST 15 FEET OF THE EAST 215 FEET LOT 15 AM) N(LON�tiEI1T m--1 r�rrkrlROr DATE 2/7/ 12 DRAWN BY ACE F.B. PG. N/A SCALE AS SHOWN JOB NO. 4775 .ZI i 0 1, REPRODUCTIONS OF THIS SKETCH ARE NOT VALID UNLESS SEALED WITH AN EMBOSSED SURVEYOR'S SEAL. 2. SURVEY MAP OR THE COPIES THEREOF ARE NOT VAUD WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED PROFESSIONAL LAND SURVEYOR. 3. LANDS SHOWN HEREON ARE NOT ABSTRACTED FOR RIGHTS -OF -WAY, EASEMENTS, OWNERSHIP, OR OTHER INSTRUMENTS OF RECORD. 4. BEARINGS SHOWN HEREON ARE RELATIVE TO AN ASSUMED DATUM. 5, THE 'DESCRIPTION' SHOWN HEREON WAS PREPARED BY THE SURVEYOR. 6. ADDITIONS OR DELETIONS TO SURVEY MAPS BY OTHER THAN THE SIGNING PARTY OR PARTIES IS PROHIBITED WITHOUT WRITTEN CONSENT OF THE SIGNING PARTY OR PARTIES. 7. DATA SHOWN HEREON WAS COMPILED FROM THE INSTRUMENT OF RECORD AND DOES NOT CONSTITUTE A BOUNDARY SURVEY AS SUCH. --_.r BERT AT QF T HLEAST HALF,(E 1L OF THE WEST HALF W 1/2) OF LOT 29, AND THE WEST HALF (W 1/2) OF THE EAST HALF E 1 2 OF LOT 29 OF MAP FILED IN P 1, PAGE 4, PALM BEACH COUNTY RECORDS IN SOUTHWEST QUARTER (SW 1/4) SECTION 20, TOWNSHIP 46 SOUTH, RANGE 43 EAST, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 23, PAGE 43, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, SAID LANDS SITUATE IN THE CITY OF DELRAY BEACH, PALM BEACH COUNTY, FLORIDA. SUBJECT TO EASEMENTS, RESTRICTIONS, RESERVATIONS, COVENANTS, AND RIGHTS -OF --WAY OF RECORD. I HEREBY CERTIFY THAT THE ATTACHED SKETCH OF DESCRIP1ION OF THE HEREON DESCRIBED PROPERTY IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BEUEF AS PREPARED UNDER MY DIRECTION ON FEBRUARY 7, 2012. 1 FURTHER CERTIFY THAT THIS SKETCH OF DESCRIPTION MEETS THE MINIMUM TECHNICAL STANDARDS SET FORTH IN CHAPTER 5J-17 ADOPTED BY THE FLORIDA BOARD OF SURVEYORS AND MAPPERS, PURSUANT TO FLORIDA STATUTES 472.027. SHEET 1 OF 2 CAULFIELD & WHEELER, INC. CIVIL ENGINEERING - LAND SURVEYING f 7301A W. PALMETTO PARK ROAD - SUITE 100A BOCA RATON, FLORIDA 33433 PHONE (561) - 392 -1991 / FAX (561) - 750 -1452 ESQ IRE IVI THE WEST 15 FEET OF THE EAST 215 FEET LOT 13 JEFFREY R. WAGNER, P.L.S. REG, LAND SURVEYOR #5302 STATE OF FLORIDA - LB #3591 DATE _ 2 2/7/1 DRB+ Magi RECORDS soax R/W + RIGHT OF WAY D + DELTA (CENTRAL ANGLE) L + ARC LENGTH o R + RADIUS o C8 -CATCH BASIN �'~ E CONC. 7 APRON I I ONCI �A ON 50 ON n:m NW433 WE LOP 12 �j iE•iailp6 1 5.00' LOT 13 J 4.000 LV. 1 SOUTI# LINE Lot 13 NORTH UNE LOT 14 S88'46'49'W 64.22' LOT 14 LOT 15 +1= r.r. 1 1s,ao' 62.37 SOUTH LINE LOT 15 NORTH LINE LOT 16 L 0 T 1 3 LOT 14 LOT 15 NORTH LINE LOT 13 215.00' 500Th LINE LOT 13 uORTH LINE LOT 14 N68'46'49 "E SOUTH LINE LOT 15 200.15' NORTH LINE LOT 16 215.00' s LOT 16 LOT 16 ae. IIIN!11 ¢ 6O. NC IGHT- (IF-WAY SIN j 1 STREET 'tt1 �TRG.c � SHEET 2 OF 2 �. CAULFIELD & WHEELER, INC. 7T>, CIVIL ENGINEERING — LAND SURVEYING 7301A W. PALMETTO PARK ROAD — SUITE 1DOA BOCA RATON, FLORIDA 33433 PHONE (561)-392-1991 / FAX (561) - 750 -1452 ESQUIRE SUB IMSION THE WEST 15 FEET OF THE EAST 215 FEET LOT 13 (ASPHALT ROADWAY) �i w f r f w � L v tE D f �I �f H m n w 0 yJ. DATE 2/7/12 DRAWN BY ACE F,B. PG, N/A SCALE AS SHOWN JOB NO. 4775