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Res 19-13_7 EITY BF IOELRRY BEREH DELRA v IA CITY CLERK � iQQ N.W. ist AVENUE DELRk. il!# I�IIIIIi �I��INI��IIIIIIIIIIII�I�IIII��IIIII�II 14J All-America C" I I Ci?"M 20130423282 G OR BK 26347 PG 1593 RECORDED 09/26/2013 09:0665 1993 C E R T I F I C A T I O balm Beach County, Florida 2ao1 haron R. Bock, CLERK & COMPTROLLER Pgs 1593 - 1594; (2pgs) C C� Y v L "Ilk j� i i It V rl 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 copy of Resolution No. 19 -13, as the same was passed and adopted by the Delray Beach City Commission in regular session on the 19th day of March 2013. IN WITNESS WHEREOF, I have hereunto set my hand and the official seal of the City of Delray Beach, Florida, on this the 17th day of September 2013. J Chevelle D. Nubin, MMC City Clerk City of Delray Beach, Florida W- SERVICE - PERFORMANCE - INTEGRITY - P.E5PON5IBLE - INNOVATIVE TEAMWORK RESOLUTION NO. 19 -13 A RESOLUTION OF THE CITY COMMISSION OF -ITIE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING THE CITY TO SELL REAL PROPERTY IN PALM BEACH COUNTY, FLORIDA, AS DESCRIBED HEREIN, HEREBY INCORPOR -41-ON AND ACCT PTiNG THE CONTRACT S'fATI'1NG THE TERAI,S AND CONDITIONS FOR THE SAL E AND PURCHASE BETWEEN THE BUYER. AND THE CITY OF DELRAY BEACH, FLOIUDA. WHEREAS, the City of Delray Beach, Florida, wishes to sell property located at 125 NW 12th Avenue, Delray Beach, Florida 33444; 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 to be used for single family homeownership. NOW, THEREFORE, BE IT ORDAINED BY THE CI-f Y COMMISSION OF THE, CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the City Commission of the City of Delray Beach, Florida, as Seliet, hereby agrees to sell to Aziame Zamor, as Buyer, for the purchase price of the lesser of Seventy Thousand Dollars and 00/100 cents ($70,000) or appraised value, said property being described as follows: 11ffi NORTH 80 FEET OF THE WEST" 150 JE ET OF THE SOUTH '!s OF TFUZ NORTH 'A OF LOT 6, SECTION 17, TOWNSHIP 46 SOUTFI, R WGE 43 EAST, LESS AND F—KCEPT THE WEST 25 FEET THEREOF', AS RECORDED IN THE PUBLIC RECORDS OF PALM BEACH COUN'T'Y, FLORIDA Section 2. That the terms and conditions contained in the contract for sale and purchase and addenda thereto between the City of Defray Beach, Florida, and the Buyer as hereinabove named are incorporated herein as Exhibit "A'. � PASSED AND ADOPTED in regular session on the day of .2013. 1TTEST. City Clerk `i; � r 7 f _7 EITY BF IOELRRY BEREH DELRA v IA CITY CLERK � iQQ N.W. ist AVENUE DELRk. il!# I�IIIIIi �I��INI��IIIIIIIIIIII�I�IIII��IIIII�II 14J All-America C" I I Ci?"M 20130423282 G OR BK 26347 PG 1593 RECORDED 09/26/2013 09:0665 1993 C E R T I F I C A T I O balm Beach County, Florida 2ao1 haron R. Bock, CLERK & COMPTROLLER Pgs 1593 - 1594; (2pgs) C C� Y v L "Ilk j� i i It V rl 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 copy of Resolution No. 19 -13, as the same was passed and adopted by the Delray Beach City Commission in regular session on the 19th day of March 2013. IN WITNESS WHEREOF, I have hereunto set my hand and the official seal of the City of Delray Beach, Florida, on this the 17th day of September 2013. J Chevelle D. Nubin, MMC City Clerk City of Delray Beach, Florida W- SERVICE - PERFORMANCE - INTEGRITY - P.E5PON5IBLE - INNOVATIVE TEAMWORK RESOLUTION NO. 19 -13 A RESOLUTION OF THE CITY COMMISSION OF -ITIE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING THE CITY TO SELL REAL PROPERTY IN PALM BEACH COUNTY, FLORIDA, AS DESCRIBED HEREIN, HEREBY INCORPOR -41-ON AND ACCT PTiNG THE CONTRACT S'fATI'1NG THE TERAI,S AND CONDITIONS FOR THE SAL E AND PURCHASE BETWEEN THE BUYER. AND THE CITY OF DELRAY BEACH, FLOIUDA. WHEREAS, the City of Delray Beach, Florida, wishes to sell property located at 125 NW 12th Avenue, Delray Beach, Florida 33444; 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 to be used for single family homeownership. NOW, THEREFORE, BE IT ORDAINED BY THE CI-f Y COMMISSION OF THE, CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the City Commission of the City of Delray Beach, Florida, as Seliet, hereby agrees to sell to Aziame Zamor, as Buyer, for the purchase price of the lesser of Seventy Thousand Dollars and 00/100 cents ($70,000) or appraised value, said property being described as follows: 11ffi NORTH 80 FEET OF THE WEST" 150 JE ET OF THE SOUTH '!s OF TFUZ NORTH 'A OF LOT 6, SECTION 17, TOWNSHIP 46 SOUTFI, R WGE 43 EAST, LESS AND F—KCEPT THE WEST 25 FEET THEREOF', AS RECORDED IN THE PUBLIC RECORDS OF PALM BEACH COUN'T'Y, FLORIDA Section 2. That the terms and conditions contained in the contract for sale and purchase and addenda thereto between the City of Defray Beach, Florida, and the Buyer as hereinabove named are incorporated herein as Exhibit "A'. � PASSED AND ADOPTED in regular session on the day of .2013. 1TTEST. City Clerk `i; � r 7 f MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: LULA BUTLER, COMMUNITY IMPROVEMENT DIRECTOR P. NIGEL ROBERTS, NEIGHBORHOOD SERVICES ADMINISTRATOR THROUGH: DOUG SMITH, INTERIM CITY MANAGER DATE: MARCH 7, 2013 SUBJECT: AGENDA. ITEM # -HOUSING DISPOSITION OF NEIGHBORHOOD STABILIZATION PROGRAM (NSP) PROPERTY FROM THE CITY OF DELRAY BEACH TO AZIANNE ZAMOR (PURCHASER) ITEM BEFORE COMMISSION Staff requests City Commission approval to sell Neighborhood Stabilization Program property located at 125 NW 12' Avenue, Delray Beach, FL 33444 to Azianne Zamor for the purchase price of Seventy Thousand Dollars and 00 /100 cents ($70,000) or appraised value. BACKGROUND The City of Delray Beach has received $1,905,005 under the Neighborhood Stabilization Program (NSP) award through the Florida Department of Community Affairs by the U. S. Department of Housing (HUD) and $400,000 from the Delray Beach Community Redevelopment Agency (CRA) as a result of the Housing and Economic Recovery Act of 2008 (H.R. 3221). The NSP funding is for the purpose ofpurchasing foreclosed or abandoned homes for rehabilitation, resale, or redevelopment in order to stabilize neighborhoods and stem the decline of home values. NSP funds are to benefit Low, Moderate and Middle Income Households (LMMI). LMMI households are defined as those with incomes less than one - hundred twenty percent (120 %) of Area Median Income (AMI) as determined by HUD. The City of Delray Beach desires to sell the property located at 125 NW 12a' Avenue to Azianne Zamor for the purchase price of Seventy Thousand Dollars and 00/100 cents ($70,000) or appraised value: THE NORTH 80 FEET OF THE WEST 150 FEET OF THE SOUTH'/ OF THE NORTH 'l OF LOT 6, SECTION 17, TOWNSHIP 46 SOUTH, RANGE 43 EAST, LESS AND EXCEPT THE WEST 25 FEET THEREOF, AS RECORDED IN THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA FUNDING SOURCE N/A RECOMMENDATION Staff recommends City Commission approval to sell NSP property located at 125 NW 12`s Avenue, Delray Beach, FL 33444 to Azianne Zamor for the purchase price of Seventy Thousand Dollars and 00 /100 cents ($70,000) or appraised value. -1- Exhibit A CONTRACT FOR SALE AND PURCHASE PARTIES: CITY OF DELRAY BEACH, a Florida municipal corporation, ( "Seller "), of 100 N.W. 1s` Avenue, Delray Beach, Florida 33444 and Azianne Zamor ( "Buyer "), of 1601 Ilene Court, Delray Beach, FL 33445, hereby agree that the Seller shall sell and Buyer shall buy the following described Real Property and Personal Property (collectively "Property ") upon the following terms and conditions, which INCLUDE the Standards for Real Estate Transactions ( "Standard(s) "), attached hereto and riders and any addenda to this Contract for Sale and Purchase ( "Contract "): I. DESCRIPTION: (a) THE NORTH 80 FEET OF THE WEST 150 FEET OF THE SOUTH'/ OF THE NORTH % OF LOT 6, SECTION 17, TOWNSHIP 46 SOUTH, RANGE 43 EAST, LESS AND EXCEPT THE WEST 25 FEET THEREOF, AS RECORDED IN THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. P C N : 12-43-46-17-42-006-0230 (b) Address: 125 NW 12th Avenue, Delray Beach, FL 33444 PURCHASE PRICE .. ............................... US $70,000 III. TIME FOR ACCEPTANCE; EFFECTIVE DATE: If this offer is not executed by and delivered to all parties OR FACT OF EXECUTION communicated in writing between the parties on or before March 30, 2013, the deposit(s) will, at Buyer's option, be returned to Buyer and the offer withdrawn. The date of this Contract ( "Effective Date ") will be the date when the last one of the Buyer and the Seller has signed this offer. IV. TITLE EVIDENCE: At least 7 days before closing date, Buyer shall obtain a title insurance commitment. V. CLOSING DATE: This transaction shall be closed and the deed and other closing papers delivered on or before sixty (60) days from the date of the execution of this agreement, unless extended by other provisions of this Contract. VI. RESTRICTIONS; EASEMENTS; LIMITATIONS: Buyer shall take title by Quit Claim Deed subject to: 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 (easements are to be located contiguous to Real Property lines and not more than 10 feet in width as to the rear or front lines and 7 '/2 feet in width as to the side lines, unless otherwise specified herein); taxes for year of closing and subsequent years; assumed mortgages and purchase money mortgages, if any; provided, that there exists at closing no violation of the foregoing and none of them prevents the use of Real Property for residential purpose. VII. OCCUPANCY: Seller warrants that there are no parties in occupancy other than Seller, but if Property is intended to be rented or occupied beyond closing, the fact and terms thereof shall be stated herein, and the tenant(s) or occupants disclosed pursuant to Standard D. Seller agrees to deliver occupancy of Property at time of closing unless otherwise stated herein. If occupancy is to be delivered before closing, Buyer assumes all risk of loss to Property from date of occupancy, shall be responsible and liable for maintenance from that date, and shall be deemed to have accepted Property in their existing condition as of time of taking occupancy unless otherwise stated herein or in a separate writing. VIII. TYPEWRITTEN OR HANDWRITTEN PROVISIONS: Typewritten or handwritten provisions shall control all printed provisions of Contract in conflict with them. IX. ASSIGNABILITY: Buyer may not assign Contract. X. DISCLOSURES: (a) Radon is a naturally occurring radioactive gas that, when accumulated in a building in sufficient quantities, may present health risks to persons who are exposed to it over time. Levels of radon that exceed federal and state guidelines have been found in buildings in Florida. Additional information regarding Radon or Radon testing may be obtained from your County Public health unit. (b) Buyer may have determined the energy efficiency rating of the residential building, if any is located on the Real Property. XI. SPECIAL CLAUSES; ADDENDA: if additional terms are to be provided, they will be provided in the attached addenda. If there is an addenda, check here ✓ CITY OF DELRAY BEACH, FLORIDA Azianne Zamor By: z� �3 B� a� 63-f)9-11 Thomas F. Carney, Jr. Mayor ate Print Nigme: Z• kkti/ Date ATTEST: City Clerk Approved as to Form: City Attorney By: Print Name: Date ATTEST: ADDENDUM TO CONTRACT FOR SALE AND PURCHASE SELLER: CITY OF DELRAY BEACH, FLORIDA BUYER: Azianne Zamor PROPERTY ADDRESS: 125 NW 12th Avenue, Delray Beach, FL 33444, XI. SPECIAL CLAUSES; ADDENDA (Continued) A. FOREIGN INVESTMENT IN REAL PROPERTY TAX ACT ( "FIRPTA "): The parties shall comply with the provisions of Internal Revenue Code Section 1445 and applicable Treasury Regulations issued thereunder. If the Seller is a U.S. person for Internal Revenue Code Section 1445 purposes, then on demand of the Buyer and prior to closing the Seller shall provide the Buyer with a certificate of non - foreign status in the manner provided in Treasury Regulations Section 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 not withhold under Internal Revenue Code Section 1445. If the Seller is a 'foreign person' as defined by the Internal Revenue Code, the Buyer generally is required to withhold 10% of the gross sales price from the Seller at closing and to pay the withheld amount over to the Internal Revenue Service (IRS) unless an applicable exemption from withholding or a limitation on the amount to be withheld is available. To the extent that the cash to be paid over to the Seller at closing is insufficient to cover the Buyer's withholding obligation, the Seller shall provide to the Buyer at closing cash equal to such excess for purposes of making such withholding payment. If the Seller's federal income tax on the gain is less than the applicable withholding amount, the Seller may make advance application to the IRS for reduced withholding and, if granted, the Buyer shall withhold only the authorized reduced amount. If such ruling has not been received by closing, the parties at closing shall enter into an escrow agreement reasonably satisfactory to the Buyer and Seller pending receipt of the ruling, provided that at closing the Seller shall have the obligation to provide to the escrow agent from the closing proceeds (or from the Seller's other resources if necessary) cash equal to the maximum required withholding, with any excess withholding being refundable to the Seller 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 identification number and to supply that number on the foregoing forms. A foreign individual may acquire an International Taxpayer Identification Number for this purpose. Since it may take several weeks to receive the number after application and the IRS will not process these forms without the actual number, a party lacking a TIN is advised to apply immediately. B. The Buyer shall have thirty (30) calendar days within which to conduct any and all feasibility studies and determinations relative to the suitability for the acquisition of the subject property by the Buyer and the Buyer reserves the express right to terminate this Contract at any time during said period for any reason or no reason, in Buyer's sole discretion, whereupon Buyer shall receive a full refund of all deposit monies paid hereunder. Buyer shall be granted reasonable access to the premises to conduct such feasibility studies and determinations, including environmental assays, core drilling, surveys, soil sampling and other such testing. C. This Contract is expressly contingent and conditioned upon the approval of the same by the City Commission of the City of Delray Beach. SELL R NITIALS; BUYER'S INITIALS: GtZ 4 STANDARDS FOR REAL ESTATE TRANSACTIONS A. Evidence of Title: A title insurance commitment issued by a Florida licensed title insurer agreeing to issue to Buyer, upon recording of the deed to Buyer, an owner's policy of title insurance in the amount of the purchase price, insuring Buyer's title to real property, subject only to liens, encumbrances, exceptions or qualification set forth in this agreement and those which shall be discharged by Seller at or before closing. Seller shall convey a marketable title subject only to liens, encumbrances, exceptions or qualifications set forth in this agreement and those which shall be discharged by Seller at or before closing. Marketable title shall be determined according to applicable title standards adopted by authority of The Florida Bar and in accordance with law. If title is found defective, Buyer shall notify Seller in writing specifying defect(s). If the defect(s) render title unmarket- able, Seller will have one hundred twenty (120) days from receipt of notice within which to remove the defect(s), failing which Buyer shall have the option of either accepting the title as it then is or demanding a refund of deposit(s) paid which shall immediately be returned to Buyer; thereupon Buyer and Seller shall release one another Of all further obligations under the agreement. Seller will, if title is found unmarket- able, use diligent effort to correct defect(s) in title within the time provided therefor, including the bringing of necessary suits. B. Survey: Buyer, at Buyer's expense, within time allowed to deliver evidence of title and to examine same, may have real property surveyed and certified by a registered Florida surveyor. If survey shows encroachment on real property or that improvements located on real property encroach on setback lines, easements, lands of others, or violate any restrictions, agreement covenants or applicable governmental regulation, the same shall constitute a title defect. C. Ingress and Egress: Seller warrants and represents that there is ingress and egress to the real property sufficient for the intended use as described herein, title to which is in accordance with Standard A. D. Leases: If applicable, Seller shall, not less than fifteen (15) days before closing, furnish to Buyer copies of all written leases and estoppel letters from each tenant specifying the nature and duration of the tenant's occupancy, rental rates, advanced rent and security deposits paid by tenant. If Seller is unable to obtain such letter from each tenant, the same information shall be furnished by Seller to Buyer within that time period in the form of a Seller's affidavit, and Buyer may thereafter contact tenants to confirm such information. Seller shall, at closing, deliver and assign all original leases to Buyer. E. Liens: Seller shall furnish to Buyer at time of closing an affidavit attesting to the absence, unless otherwise provided for herein, of any financing statements, claims of lien or potential Iienors known to Seller and further attesting that there have been no improvements or repairs to property for ninety (90) days immediately preceding date of closing. if property has been improved, or repaired within that time, Seller shall deliver releases or waivers of mechanics' liens executed by all general contractors, subcontractors, suppliers, and materialmen in addition to Seller's lien affidavit setting forth the names of all such general contractors, subcontractors, suppliers and materialmen and further affirming that all charges for improvements or repairs which could serve as a basis for a mechanic's line or a claim for damages have been paid or will be paid at closing. F. Place of Closing: Closing shall be held in the county where real property is located, at the office of the attorney or other closing agent designated by Buyer. G. Time: Time is of the essence of this agreement. Time periods herein of less than six (6) days shall in the computation exclude Saturdays, Sundays and state or national legal holidays, and any time period provided for herein which shall end on Saturday, Sunday or legal holiday shall extend to 5:00 p.m. of the next business day. 5 H. Documents for Closing: Seller shall furnish deed, bill of sale, mechanic's lien affidavit, assignments of leases, tenant and mortgagee estoppel letters, and corrective instruments. Buyer shall furnish closing statement, mortgage, mortgage note, security agreement, and financial statements. L Expenses: Documentary stamps on the warranty deed and recording corrective instruments and the warranty deed shall be paid by Buyer. J. Prorations; credits: Taxes, assessments, rent, interest, insurance and other expenses and revenue of property shall be prorated through day before closing. Buyer shall have the option to taking over any existing policies of insurance, if assumable, in which event premiums shall be prorated, Cash at closing shall be increased or decreased as may be required by prorations. Prorations will be made through day prior to occupancy if occupancy occurs before closing. Advance rent and security deposits will be credited to Buyer and escrow deposits held by mortgagee will be credited to Seller. Taxes shall be prorated based on the current year's tax with due allowance made for maximum allowable discount, homestead and other exemptions. If closing occurs at a date when the current year's millage is not fixed, and current year's assessments is available, taxes will be prorated based upon such assessment and the prior year's millage. If current year's assessment is not available, then taxes will be prorated on the prior year's tax. If there are completed improvements on real property by January 1st of year of closing which improvements were not in existence on January 1st of the prior year then taxes shall be prorated based upon the prior year's millage and at an equitable assessment to be agreed upon between the parties, failing which, request will be made to the County Property Appraiser for an informal assessment taking into consideration available exemptions. Any tax proration based on an estimate may, at request of either Buyer or Seller, be subsequently readjusted upon receipt of tax bill on condition that a statement to that effect is in the closing statement. K. Special Assessment Liens: Certified, confirmed and ratified special assessment liens as of date of closing (and not as of Effective Date) are to be paid by Seller, Pending liens as of date of closing shall be assumed by Buyer. If the improvement has been substantially completed as of Effective Date, such pending lien shall be considered as certified, confirmed or ratified and Seller shall, at closing, be charged an amount equal to the last estimate of assessment for the improvement by the public body. L. Risk of Loss: If the property is damaged by fire or other casualty before closing and cost of restoration does not exceed the purchase price of the property so damaged, cost of restoration shall be an obligation of the Seller and closing shall proceed pursuant to the term so the agreement with restoration costs escrowed at closing. If the cost of the restoration exceeds three percent (3 %) of the assessed valuation of the improvements so damaged, Buyer shall have the option of either taking property as is, together with either the three percent (3 %) or any insurance proceeds payable by virtue of such loss or damage, or of canceling the agreement and receiving return of deposit(s). M. Escrow: Any escrow agent ( "Agent ") receiving funds or equivalent is authorized and agrees by acceptance of them to deposit them promptly, hold same in escrow and, subject to clearance, disburse them in accordance with terms and conditions of agreement. Failure of clearance of funds shall not excuse Buyer's performance. If in doubt as to Agent's duties or liabilities under the provisions of agreement, Agent may, at Agent's option, continue to hold the subject matter of the escrow until the parties mutually agree to its disbursement, or until a judgment of a court of competent jurisdiction shall determine the rights of the parties or Agent may deposit with the clerk of the circuit court having jurisdiction of the dispute. Upon notifying all parties concerned of such action, all liability on the part of Agent shall fully terminate, except to the extent of accounting for any items previously delivered out of escrow. If a licensed real estate broker, Agent will comply with provisions of Chapter 475, F.S. (1987), as amended. Any suit between Buyer and Seller where Agent is made a party because of acting as Agent hereunder, or in any suit wherein Agent interpleads the subject matter of the escrow, Agent shall recover reasonable attorney's fees and costs incurred with the fees and costs to be charged and assessed as court costs in favor of the prevailing party. Parties agree that Agent shall not be liable to any party or person for misdelivery to Buyer or Seller of items subject to this escrow, unless such misdelivery is due to willful breach of contract or gross negligence of Agent. N. Failure of Performance: If Buyer fails to perform this Contract within the time specified Seller shall be relieved of all obligations under 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. O. Agreement Not Recordable: Persons Bound; Notice: Neither this agreement nor any notice of it shall be recorded in any public records. This agreement shall bind and inure to the benefit of the parties and their successors in interest. Whenever the context permits, singular shall include plural and one gender shall include all. Notice given by or to the attorney for any party shall be as effective as if given by or to that party. P. Conveyance: Seller shall convey the property by way of Quit Claim Deed subject to an easement for any utilities that may exist and lie on the property. Q. Other Agreements: No prior or present agreements or representations shall be binding upon Buyer or Seller unless included in this Contract. No modification or change in this Contract shall be valid or binding upon the parties unless in writing and executed by the party or parties intended to be bound by it. R. Warranties: Seller warrants that there are no facts known to Seller materially affecting the value of the real property which are not readily observable by Buyer or which have not been disclosed to Buyer. THIRD ADDENDUM TO CONTRACT FOR SALE AND PURCHASE Buyer: Azianne Zamor Seller: City of Delray Beach Property: THE NORTH 80 FEET OF THE WEST 150 FEET OF THE SOUTH % OF THE NORTH Y OF LOT 6, SECTION 17, TOWNSHIP 46 SOUTH, RANGE 43 EAST, LESS AND EXCEPT THE WEST 25 FEET THEREOF, AS RECORDED IN THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. The Parties further agree as follows: A. Additional covenants and restrictions: Seller shall provide purchase assistance to LMMI eligible households in the form of non - amortizing, 0% Interest, forgivable, deferred payment loan. All loan awards from Seller to subsequent eligible purchaser shall be secured with a second mortgagelpromissory note. Recapture terms are as follows: a. Assistance in the amount of $15,000 or less will require a 5 year non - amortizing mortgage. b. Assistance in the amount of $15,000.01- $40,000 will require a 10 year non - amortizing mortgage. C. Assistance in the amount of $40,000 + will require a 15 year non - amortizing mortgage. d. Assistance in purchasing newly constructed homes will require a 20 year non - amortizing mortgage. 3. Repayment of the full loan award will be immediately due to the City in the event any "qualifying event(s)" occur prior to expiration of the note. Qualifying event(s) are considered to be: a. Sale of unit or transfer of tile. b. Assisted homeowner fails to continuously occupy the home. c. Unit is rented. d. Unit is refinanced without prior authorization of the City. 4. Such repaid funds shall be transferred to the City of Delray Beach within seven (7) days of receipt. If assisted homeowner does not trigger any of the above mentioned qualifying events prior to the expiration of the note, the loan is totally forgiven. In the event the homeowner wishes to refinance his or her first mortgage or take out an equity loan to make repairs or improvements, the request must be in compliance with the City's subordinate policy. This policy is available through the Neighborhood Services Division and is available for public access. Page 1 of 2 5. Maximum Amount of Assistance: The maximum award is limited to 50% of the purchase prior of the unit; however, the maximum is not automatically provided on an individual basis; rather, the amount of subsidy awarded will be the minimum amount necessary to enable the Buyer to purchase the property at a monthly payment affordable to him or her. 6. Affordability: For the purpose of this Agreement, housing is considered affordable when the monthly mortgage payment, including taxes and insurance do not exceed 35 percent of an amount that represents the percentage of the median annual gross income for the household. However, this policy will not prohibit an individual households' ability to devote more than 35 percent of its income for housing. Housing, where a household devotes more than 35 percent of its income, shall be deemed affordable if the first mortgage lender is satisfied that the household can afford mortgage payments in excess of the 35 percent. ATTEST: City Clerk , Purchaser By: A li PrinfN `me:AzianneZamor Date: 10 3 log f -LO (a CITY 9F D L Y BEACH, Seller By: Mayor Page 2 of 2 This instrument prepared by and return to: City of Delray Beach Neighborhood Services Division 100 NW 15iAvenue Delray Beach, Florida 33444 LAND USE RESTRICTION AGREEMENT AND DEED RESTRICTIONS FOR: CITY OF DELRAY BEACH NEIGHBORHOOD STABILIZATION PROGRAM THIS LAND USE RESTRICTION AGREEMENT AND DEED RESTRICTIONS (hereinafter Agreement) is made and entered into by and between the City of Delray Beach, a City existing by and under the laws of the State of Florida (hereinafter referred to as the "City ") and Azianne Zamor (hereinafter referred to as the "Owner "). RECITALS WHEREAS, the Owner owns certain land described in Attachment "A" attached hereto and incorporated herein by reference, hereinafter referred to as the "Property "; and WHEREAS, Owner is the beneficiary of Neighborhood Stabilization Program Funds pursuant to an Agreement between State of Florida, Department of Economic Opportunity and City dated the 5th day of February, 2010; and WHEREAS, the Owner has agreed to comply with certain use restrictions as a beneficiary of said Agreement; and WHEREAS, the City has provided Neighborhood Stabilization Program funding for the acquisition, rehabilitation and resale of the property located 125 NW 12t Avenue, Delray Beach, Florida 33444. NOW, THEREFORE, in consideration of the above premises and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: 1. Owner agrees to sell the Property as a primary residence to an eligible buyer which shall remain as an owner - occupied residential unit by the Buyer for a minimum of 15 years from the date of purchase. 2. Owner covenants and agrees that Owner will not lease, convey or encumber the Property without the consent of the City while the restrictions provided herein remain in effect. 3. If Owner defaults in the performance of any obligation under the Mortgage and Note dated or restrictions set forth herein, and if such default remains uncured for a period of one hundred twenty (120) days after written notice thereof has been given by City, City shall be entitled to apply to any court having jurisdiction of the subject matter for specific performance of this Agreement, for the appointment of a receiver or successor to take over and operate the Property in accordance with the terms of this Agreement, or for such other relief, including monetary, as may be appropriate and as such court deems just, equitable, and reasonably required to effectuate the terms of this Agreement. 4. Owner represents and warrants to City: a. Owner has validly executed this Agreement and the same constitutes the binding obligation of the owner. Owner has full power, authority and capacity to enter into this Agreement, to carry out the Owner's obligations as described in this Agreement, and to assume responsibility for compliance with all applicable local, state, and federal rules and regulations. b. To the best of Owner's knowledge, the making of this Agreement and the Owner's obligations hereunder: i. will not violate any contractual covenants or restrictions between Owner or any third party, or affecting the Property; ii. will not conflict with any of the instruments that create or establish Owner's authority; iii. will not conflict with any applicable public or private restrictions; iv. do not require any consent or approval of any public or private authority which has not already been obtained; and v. are not threatened with invalidity or unenforceability by any action, proceeding, or investigation, pending or threatened, by or against Owner without regard to capacity, any person with whom Owner may be jointly or severally liable, or the Property or any part thereof. c. There is no litigation pending or proceeding known or, to the best of Owner's knowledge, threatened against Owner which, if adversely determined, could individually or in the aggregate have an adverse affect on title to or the use and enjoyment or value of the Property, or any portion thereof, or which could in any way interfere with the consummation of this Agreement. d. There is not pending or, to Owner's best knowledge, threatened against Owner any case or proceeding or other action in bankruptcy, whether voluntary or otherwise, any assignment for the benefit of creditors, or any petition seeking reorganization, arrangement, composition, readjustment, liquidation, dissolution, or similar relief for Owner under any present or future federal, state, or other statute, law, or regulation relating to bankruptcy, insolvency, or relief from debtors. 5. Notices required to be given by this Agreement shall be in writing, by certified mail through the United States Postmaster, with copies to be mailed as set forth below. Required certified mail shall also have return receipt requested, addressed to the persons and places specified for giving notice below. Revisions to the names or addresses of those parties to receive notice may be made by either party by providing notice to the other party as provided herein. This in no way impacts the requirement to provide notice to the City of Delray Beach City Commission and to the City Attorney in the manner outlined above. Notice shall be forwarded to the following: For the City: Mayor City of Delray Beach 100 NW 18t Avenue Delray Beach, Florida 33444 With copies by U.S. mail to: City of Delray Beach Neighborhood Service Administrator Neighborhood Services Division 100 NW 1st Avenue Delray Beach, Florida 33444 Director Community Improvement Department 100 NW 1st Avenue Delray Beach, Florida 33444 For the Owner: Azianne Zamor 125 NW 12th Avenue Delray Beach, Florida 33444 6. The Owner and City agree that both parties have played an equal and reciprocal part in the drafting of this Agreement and, therefore, no provisions of this Agreement shall be construed by any court or other judicial authority against any party hereto because such party is deemed to have drafted or structured such provisions. 7. This Agreement shall be construed, and the rights and obligations of the City and Owner hereunder shall be determined, in accordance with the laws of the State of Florida. Venue for any litigation pertaining to the subject matter hereof shall be exclusive in Palm Beach County, Florida, unless prohibited by law. 8. In any litigation between the parties hereto arising out of this Agreement, the prevailing party shall be entitled to recover all fees and costs incurred in such litigation, including reasonable attorneys' fees, through appeal if necessary. 9. This Agreement shall be recorded in the Public Records of Palm Beach County, Florida, by the City at the expense of the City subsequent to the closing of the sale to the Owner from the Developer. This Agreement shall run with the land and shall be binding on both parties, their heirs, successors, and assigns upon recording. Certified copies of the recorded documents shall be provided to the Owner within ten (10) days of receipt of the recorded Agreement. IN WITNESS WHEREOF, the Owner has read and understands the terms set forth and agrees to meet the obligations contained herein by execution of this agreement, in duplicate, this. WITNESSES OWNER ATTEST: Office of City Clerk Bye„. -�-L._ Print Name: A'Z � iAyyl? Iii d4 ar- Phone Number: Date: ;� �G� 1�- 1 0 CITY CITY OF DELRAY BEACH, FLORIDA by and through its City Commiss.o By: Mayor Date of Execution: Attachment A Real property located at 125 NW 12t" Avenue, Delray Beach, Florida 33444 generally described as: THE NORTH 80 FEET OF THE WEST 150 FEET OF THE SOUTH % OF THE NORTH % OF LOT 6, SECTION 17, TOWNSHIP 46 SOUTH, RANGE 43 EAST, LESS AND EXCEPT THE WEST 25 FEET THEREOF, AS RECORDED IN THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: LULA BUTLER, COMMUNITY IMPROVEMENT DIRECTOR P. NIGEL ROBERTS, NEIGHBORHOOD SERVICES ADMINISTRATOR_ THROUGH: DOUG SMITH, INTERIM CITY MANAGER DATE: MARCH 7, 2013 SUBJECT: AGENDA ITEM # - HOUSING DISPOSITION OF NEIGHBORHOOD STABILIZATION PROGRAM (NSP) PROPERTY FROM THE CITY OF DELRAY BEACH TO AZIANNE ZAMOR (PURCHASER) ITEM BEFORE COMMISSION Staff requests City Commission approval to sell Neighborhood Stabilization Program property located at 125 NW 12' Avenue, Delray Beach, Fl. 33444 to Azianne Zarnor for the purchase price of Seventy Thousand Dollars and 00/100 cents ($70,000) or appraised value. BACKGROUND The City of Delray Beach has received $1,905,005 under the Neighborhood Stabilization Program (NSP) award through the Florida Department of Community Affairs by the U_ S. Department of Housing (HUD) and $400,000 from the Delray Beach Community Redevelopment Agency (CRA) as a result of the Housing and Economic Recovery Act of 2008 (H.R. 3221). The NSP 'funding is for the purpose of purchasing foreclosed or abandoned homes for rehabilitation, resale, or redevelopment in order to stabilize neighborhoods and stem the decline of home values. NSP funds are to benefit Low, Moderate and Middle Income Households (LMMI). LMMI households are defined as those with incomes less than one - hundred twenty percent (120 %) of Area Median Income (A.MI) as determined by HUD. The City of Delray Beach desires to sell the property located at 125 NW 12'h Avenue to Azianne Zamor for the purchase price of seventy Thousand Dollars and 00 /100 cents ($70,000) or appraised value: THE NORTH 80 FEET OF THE WEST 150 FEET OF THE SOUTH 'h OF THE NORTH '/z OF LOT 6, SECTION 17, TOWNSHIP 46 SOUTH, RANGE 43 EAST, LESS AND EXCEPT THE WEST 25 FEET THEREOF, AS RECORDED IN THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA FUNDING SOURCE N/A RECOMMENDATION Staff Tee ommends City Commission approval to sell NSP property located at 125 NW 12"' Avenue, Delray Beach, FL 33444 to Azianne Zamor for the purehase price of Seventy Thousand Dollars and 00 /100 cents ($70,000) or appraised value. -I - Exhibit A PARTIES. CITY OfDELRAY BEACH, a Florida municipal corporation, ("Se|er).of 10UN10.15t Avenue, Delray Beach, Florida 33444 and Azhaone Zamor('8uyer")^uf 1601 Ilene Court, Delray Beach, FL 33445, hereby agree that the Seller shall sell and Buyer shall buy the following described Real Property and Personal Property (collectively "Property") upon the following, terms and conditions, which INCLUDE the GtondardoforReu|Enta&aTranseotions(^8tandond(o)^).mttaohodheretoaodhdevaand any addenda hz this Contract for Sale and Purchase (^Conhmot^): 1. DESCRIPTION: $4 THE NORTH 80 FEET OF THE WEST 15O FEET OF THE SOUTH V20F THE NORTH Y2OF LOT O. SECTION 17. TOWNSHIP 46SOUTH, RANGE 43 EAST, LESS AND EXCEPT THE WEST 25 FEET THEREOF, AS RECORDED iN THE PUBLIC RECORDS 0F PALM BEACH COUNTY, FLORIDA. PCN: 12-43~46-17'42'000-0230 (b) Address: 125 NW 12th Avenue, Delray Beach, FIL 33444 PURCHASE PRICE . . . . . . . . . . . . . . . . . . . . . . ' . ' US $70,000 ||U, TIME FOR ACCEPTANCE; EFFECTIVE DATE: If this offer is not executed by and delivered to all parties OR FACT OF EXECUTION communicated in writing between the parties on or before March 30, 2013, the deposit(s) will, at Buyer's option, be returned to Buyer and the offer withdrawn. The date of this Contract ("Effective Date") will be the date when the last one of the Buyer and the Seller has signed this offer. Q/. TITLE EVIDENCE: At least 7 days before closing do\e. Buyer shall obtain atkka insurance commitment. V. CLOSING DATE: This transaction shall be closed and the deed and other closing papers delivered on or before sixty (00) days from the date of the execution of this agreement, unless extended by other provisions nf this Contract. Vi RESTRICTIONS; EASEMENTS; LIMITATIONS: Buyer shall, take title by Quit C|mhn Deed subject to: zoning, n*ehctionm, prohibitions and other requirements imposed by governmental authority; restrictions and matters appearing on the plat or otherwise common ho the subdivision; public utility easements of record (easements are to be located contiguous to Real Property lines and not more than 10 feet in width as to the rear or front lines and 7 1/2 feat in width as to the side |ineo, unless otherwise specified herein); taxes for year ofclosing and subsequent years; assumed mortgages and purchase money mortgoQes, if any; pruvided, that there exists at closing no violation of the foregoing and none of them prevents the use of Real Property for residential purpose. Vii OCCUPANCY: Seller warrants that there are no parties in occupancy other than Seller, but if Property is intended tobe rented m occupied beyond closing, the fact and terms thereof shall be stated henain, and th*tanant(a) or occupants disclosed pursuant to Standard D. Seller agrees ho deliver occupancy of Property at time ofclosing unless otherwise stated herein. If occupancy is to be delivered before c|oaing. Buyer assumes all risk of loss tn Property from date ofoccupancy, shall be responsible and liable for maintenance from that date, and shall be deemed to have accepted Property in their existing condition as of time of taking occupancy unless otherwise stated herein or in a separate writing. t4U. TYPEWRITTEN OR HANDWRITTEN PROVISIONS: Typewritten orhandwritten provisions shall control all printed provisions o[ Contract in conflict with them. |X. ASSIGNABILITY: Buyer may not assign Contract. X. DISCLOSURES: (a) Radon iaa naturally occurring radioactive gas that, when accumulated ina building in sufficient quantities, may present health risks to persons who are exposed toit over time. Levels of radon that exceed federal and state guidelines have been found in buildings in Florida. Additional information regarding Radon or Radon testing may be obtained from your County Public health unit. (b) Buyer may have determined the energy efficiency rating of the residential building, if any is located on the Real Property. Xi SPECIAL CLAUSES; ADDENDA: If additional terms are to be provided, they will be provided in the attached addenda. If there is an oddonda, check hena�V CITY 0FDEL AzianneZamor By" �- ~--' ~ -~- - - - ~� u Date Print �] ^ N�me� Thomas F. Carney, Jr' Mayor �ha � ATTEST ~-~~... City Clerk Approved aotoForm: City Attorney Print Name: Date ADDENDUM TO CONTRACT FOR SALE AND PURCHASE SELLER: CITY OFDELFAK BEACH, FLORIDA BUYER: AzianneZumor PROPERTY ADDRESS: 125NVV12m Avenue, Delray Beach, FL 33444, X. SPECIAL CLAUSES; ADDENDA (Continued): A. FOREIGN INVESTMENT IN REAL PROPERTY TAX ACT ("F|RPTA": The parties shall comply with the provisions of Internal Revenue Code Section 1445 and applicable Treasury Regulations issued thereunder. If the Seller isa U.S. person for Internal Revenue Code Section 1445 purposes, then on demand of the Buyer and prior to closing the Seller shall provide the Buyer with a certificate of non-foreign status in the manner provided in Treasury Regulations Section 1.1445`2. If the Seller provides the Buyer with such oadifioate, and if the Buyer is otherwise permitted to rely on such certificate under those Regulations, the Buyer shall not withhold under Internal Revenue Code Section 1445 If the Seller is a 'foreign person' as defined by the Internal Revenue Code. the Buyer generally is required to withhold 1096 of the 8n000 aa|*a price from the Seller at closing and to pay the withheld amount over to the Internal Revenue Service (IRS) unless an applicable exemption from withholding or limitation on the amount to be withheld is available. To the extent that the cash to be paid over tothe Seller at closing is insufficient to cover the Buyer's withholding obligation, the Seller shall provide to the Buyer etclosing ooeh equal to such excess for purposes of making such withholding payment. If the Seller's federal income tax on the gain is |000 than the applicable withholding amount, the Seller may make advance application to the IRS for reduced withholding and, if granted. the Buyer shall withhold only the authorized reduced amount. If such ruling has not been received by o|nning, the parties at closing shall enter into an escrow agreement reasonably satisfactory to the Buyer and Seller pending receipt of the ru|ing, provided that at closing the Seller shall have the obligation to provide to the escrow agent from the closing proceeds (or from the Se||o/e other resources if necessary) cash equal to the maximum required vvithho|ding, with any excess withholding being refundable to the Seller upon receipt of a favorable ruling from the IRS. Buyer and Seller understand that the IRS nyquinam the Buyer and the Seller to have a U.G. federal taxpayer identification number and to supply that number on the foregoing funna A foreign individual may acquire on International Taxpayer Identification Number for this purpose. Since it may take several weeks to receive the number after application and the IRS will not process these forms without the actual number, a party lacking a TIN ie advised to apply immediately. B. The Buyer shall have thirty (30) calendar days within which to conduct any and all feasibility studies and determinations relative to the suitability for the acquisition of the subject property by the Buyer and the Buyer reserves the express right to terminate this Contract at any time during said period for any nommon or no reason, in Buyer's sole discretion, whereupon Buyer shall receive a full refund of all deposit monies paid hereunder. Buyer shall be granted reasonable access tothe premises to conduct such feasibility studies and dotenninsdione, including environmental aueeyo, core drilling, surveys, soil sampling and other such testing. C. This Contract is expressly contingent and conditioned upon the approval of the same by the City Commission of the City of Delray Beach. G BUYER'S INITIALS: 4 STANDARDS FOR REAL ESTATE TRANSACTIONS A. Evidence of Title: A title insurance commitment issued by a Florida licensed title insurer agreeing to issue to Buyer, upon recording of the deed to Buyer, an owner's policy of title insurance in the amount of the purchase price, insuring Buyer's title to real property, subject only to liens, encumbrances, exceptions or qualification set forth in this agreement and those which shall be discharged by Seller at or before closing. Seller shall convey a marketable title subject only to liens, encumbrances, exceptions or qualifications set forth in this agreement and those which shall be discharged by Seller at or before closing. Marketable title shall be determined according to applicable title standards adopted by authority of The Florida Bar and in accordance with law. If title is found defective, Buyer shall notify Seller in writing specifying defect(s). If the defect(s) render title unmarket- able, Seller will have one hundred twenty (120) days from receipt of notice within which to remove the defect(s), failing which Buyer shall have the option of either accepting the title as it then is or demanding a refund of deposit(s) paid which shall immediately be returned to Buyer; thereupon Buyer and Seller shall release one another of all further obligations under the agreement. Seller will, if title is found unmarket- able, use diligent effort to correct defect(s) in title within the time provided therefor, including the bringing of necessary suits. B. Survey: Buyer, at Buyer's expense, within time al'l'owed to deliver evidence of title and to examine same, may have real property surveyed and certified by a registered Florida surveyor. If survey shows encroachment on real property or that improvements located on real property encroach on setback lines, easements, lands of others, or violate any restrictions, agreement covenants or applicable governmental regulation, the same shall constitute a title defect. C. Ingress and E ress: Seller warrants and represents that there is ingress and egress to the real property sufficient for the intended use as described herein, title to which is in accordance with Standard A. D. leases: If applicable, Seller shall, not less than fifteen (15) days before closing, furnish to Buyer copies of all written leases and estoppel letters from each tenant specifying the nature and duration of the tenant's occupancy, rental rates, advanced rent and security deposits paid by tenant. If Seller is unable to obtain such letter from each tenant, the same information shall be furnished by Seller to Buyer within that time period in the form of a Seller's affidavit, and Buyer may thereafter contact tenants to confirm such information. Seller shall, at closing, deliver and assign all original leases to Buyer. E. Liens: Seller shall furnish to Buyer at time of closing an affidavit attesting to the absence, unless otherwise provided for herein, of any financing statements, claims of lien or potential lienors known to Seller and further attesting that there have been no improvements or repairs to property for ninety (90) days immediately preceding date of closing. If property has been improved, or repaired within that time, Seller shall deliver releases or waivers of mechanics' liens executed by all general contractors, subcontractors, suppliers, and materialmen in addition to Seller's lien affidavit setting forth the names of all such general contractors, subcontractors, suppliers and materialmen and further affirming that all charges for improvements or repairs which could serve as a basis for a mechanic's line or a claim for damages have been paid or will be paid at closing. F. Place of Closing: Closing shall be held in the county where real property is located, at the office of the attorney or other closing agent designated by Buyer. G. Time: Time is of the essence of this agreement. Time periods herein of less than six (6) days shall in the computation exclude Saturdays, Sundays and state or national legal holidays, and any time period provided for herein which shall end on Saturday, Sunday or legal holiday shall extend to 5:00 p.m. of the next business day. H. Documents for Closing: Seller shall furnish deed, bill of sale, mechanic's lien affidavit, assignments of leases, tenant and mortgagee estoppel letters, and corrective instruments. Buyer shall furnish closing statement, mortgage, mortgage note, security agreement, and financial statements. L Expenses: Documentary stamps on the warranty deed and recording corrective instruments and the warranty deed shall be paid by Buyer. J. Prorations; credits: Taxes, assessments, rent, interest, insurance and other expenses and revenue of property shall be prorated through day before closing. Buyer shall have the option to taking over any existing policies of insurance, if assumable, in which event premiums shall be prorated. Cash at closing shall be increased or decreased as may be required by prorations. Prorations will be made through day prior to occupancy if occupancy occurs before closing. Advance rent and security deposits will be credited to Buyer and escrow deposits held by mortgagee will be credited to Seller. Taxes shall be prorated based on the current year's tax with due allowance made for maximum allowable discount, homestead and other exemptions. If closing occurs at a date when the current year's millage is not fixed, and current year's assessments is available, taxes will be prorated based upon such assessment and the prior year's millage. If current year's assessment is not available, then taxes will be prorated on the prior year's tax. If there are completed improvements on real property by January 1st of year of closing which improvements were not in existence on January 1st of the prior year then taxes shall be prorated based upon the prior year's millage and at an equitable assessment to be agreed upon between the parties, failing which, request will be made to the County Property Appraiser for an informal assessment taking into consideration available exemptions. Any tax proration based on an estimate may, at request of either Buyer or Seller, be subsequently readjusted upon receipt of tax bill on condition that a statement to that effect is in the closing statement. K Special Assessment Liens: Certified, confirmed and ratified special assessment liens as of date of closing (and not as of Effective Date) are to be paid by Seller. Pending liens as of date of closing shall be assumed by Buyer. If the improvement has been substantially completed as of Effective Date, such pending lien shall be considered as certified, confirmed or ratified and Seller shall, at closing, be charged an amount equal to the last estimate of assessment for the improvement by the public body. L. Risk of Loss. If the property is damaged by fire or other casualty before closing and cost of restoration does not exceed the purchase price of the property so damaged, cost of restoration shall be an obligation of the Seller and closing shall proceed pursuant to the term so the agreement with restoration costs escrowed at closing. If the cost of the restoration exceeds three percent (3 %) of the assessed valuation of the improvements so damaged, Buyer shall have the option of either taking property as is, together with either the three percent (3 %) or any insurance proceeds payable by virtue of such loss or damage, or of canceling the agreement and receiving return of deposit(s). M. Escrow: Any escrow agent ( "Agent ") receiving funds or equivalent is authorized and agrees by acceptance of them to deposit them promptly, hold same in escrow and, subject to clearance, disburse them in accordance with terms and conditions of agreement. Failure of clearance of funds shall not excuse Buyer's performance. If in doubt as to Agent's duties or liabilities under the provisions of agreement, Agent may, at Agent's option, continue to hold the subject matter of the escrow until the parties mutually agree to its disbursement, or until a judgment of a court of competent jurisdiction shall determine the rights of the parties or Agent may deposit with the clerk of the circuit court having jurisdiction of the dispute. Upon notifying all parties concerned of such action, all liability on the part of Agent shall fully terminate, except to the extent of accounting for any items previously delivered out of escrow. If a licensed real estate broker, Agent will comply with provisions of Chapter 475, F.S. (1987), as amended. Any suit between Buyer and Seller where Agent is made a party because of acting as Agent hereunder, or in any suit wherein Agent interpleads the subject matter of the escrow, Agent shall recover reasonable attorney's fees and costs incurred with the fees and costs to be charged and assessed as Al court costs in favor of the prevailing party. Parties agree that Agent shall not be liable to any party or person for misdelivery to Buyer or Seller of items subject to this escrow, unless such misdelivery is due to willful breach of contract or gross negligence of Agent. N. Failure of Performance: If Buyer fails to perform this Contract within the time specified Seller shall be relieved of all obligations under 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. O. Agreement Not Recordable; Persons Round; Notice: Neither this agreement nor any notice of it shall be recorded in any public records. This agreement shall bind and inure to the benefit of the parties and their successors in interest. Whenever the context permits, singular shall include plural and one gender shall include all. Notice given by or to the attorney for any party shall be as effective as if given by or to that party. P. Conveyance: Seller shall convey the property by way of Quit Claim Deed subject to an easement for any utilities that may exist and lie on the property. Q. Other Agreements: No prior or present agreements or representations shall be binding upon Buyer or Seller unless included in this Contract. No modification or change in this Contract shall be valid or binding upon the parties unless in writing and executed by the party or parties intended to be bound by it. R. Warranties: Seller warrants that there are no facts known to Seller materially affecting the value of the real property which are not readily observable by Buyer or which have not been disclosed to Buyer. 0 ■ s r ■ ' a ZtTi11ti Y Wn, 1IM 1107 If Z�7:►_F.� Buyer: Azianne Zamor Seller: City of Delray Beach Property: THE NORTH 80 FEET OF THE WEST 150 FEET OF THE SOUTH Y2 OF THE NORTH Y OF LOT 6, SECTION 17, TOWNSHIP 46 SOUTH, RANGE 43 EAST, LESS AND EXCEPT THE WEST 25 FEET THEREOF, AS RECORDED IN THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. The Parties further agree as follows: A. Additional covenants and restrictions: Seller shall provide purchase assistance to LMMI eligible households in the form of non - amortizing, 0% interest, forgivable, deferred payment loan. All loan awards from Seller to subsequent eligible purchaser shall be secured with a second mortgage /promissory note. Recapture terms are as follows: a. Assistance in the amount of $15,000 or less will require a 5 year non - amortizing mortgage. b. Assistance in the amount of $15,000.01- $40,000 will require a 10 year non - amortizing mortgage. C. Assistance in the amount of $40,000 + will require a 15 year non - amortizing mortgage. d. Assistance in purchasing newly constructed homes will require a 20 year non- amortizing mortgage. 3. Repayment of the full loan award will be immediately due to the City in the event any "qualifying event(s)" occur prior to expiration of the note. Qualifying event(s) are considered to be:. a. Sale of unit or transfer of tile. b. Assisted homeowner fails to continuously occupy the home. C. Unit is rented. d. Unit is refinanced without prior authorization of the City. 4. Such repaid funds shall be transferred to the City of Delray Beach within seven (7) days of receipt. If assisted homeowner does not trigger any of the above mentioned qualifying events prior to the expiration of the note, the loan is totally forgiven. In the event the homeowner wishes to refinance his or her first mortgage or take out an equity loan to make repairs or improvements, the request must be in compliance with the City's subordinate policy. This policy is available through the Neighborhood Services Division and is available for public access. Page 1 of 2 5. Maximum Amount of Assistance: The maximum award is limited to 50'% of the purchase prior of the unit; however, the maximum is not automatically provided on an individual basis; rather, the amount of subsidy awarded will be the minimum amount necessary to enable the Buyer to purchase the property at a monthly payment affordable to him or her. 6. Affordability: For the purpose of this Agreement, housing is considered affordable when the monthly mortgage payment, including taxes and insurance do not exceed 35 percent of an amount that represents the percentage of the median annual gross income for the household. However, this policy will not prohibit an individual household's' ability to devote more than 35 percent of its income for housing. Housing, where a household devotes more than 35 percent of its income, shall be deemed affordable if the first mortgage lender is satisfied that the household can afford mortgage payments in excess of the 35 percent. ATTEST: 5 V � City Clerk , Purchaser Print N 'me:Aziann -Lamor Date: CITY F D � Y BEACH, Seller By: � Mayor Page 2 of 2 This instrument prepared by and return to: City of Delray Beach Neighborhood Services Division 1oowvv1" Avenue Delray Beach, Florida 33444 LAND USE RESTRICTION AGREEfflEi1T AND DEED RESTRICTIONS THIS LAND USE RESTRICTION AGREEMENT AND DEED RESTRICTIONS (hereinafter Agreement) is made and entered into by and between the City ofDelray Beach, a City existing by and under the laws of the State of Florida (hereinafter referred toen the ^City^)and AzianneZemor (hereinafter referred toon the ''Owner"). RECITALS WHEREAS, the Owner owns oodoin land described in Attachment "A" attached hereto and incorporated herein by reference, hereinafter referred to as the ^Propedy",- and VVMEREAS. Owner is the beneficiary of Neighborhood Stabilization Program Funds pursuant to an Agreement between State of Florida, Department ofEconomic Opportunity and City dated the 5th day of February, 2O1U;and WHEREAS, the Owner has agreed to comply with certain use restrictions as m beneficiary of said Agreement; and WHEREAS, the Qty has provided Neighborhood Stabilization Program funding for the acquieidon, rehabilitation and resale of the property inomhod 125 NW 12m Avenue, Delray Beach, Florida 33444. 0OVV. TMEREP0RE, in consideration of the above premises and other good and valuable ooneideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree aefollows: 1. Owner agrees tu uo|| the Property as e primary residence to an eligible buyer which yho|| remain as an owner-occupied naaidenhm| unit by the Buyer for e minimum of15 years from the date ofpurchase. 2. Owner covenants and agrees that Owner will not |emoa, convey or encumber the Property without the consent of the City while the restrictions provided herein remain in effect. 3. Uf Owner defaults in the performance of any obligation under the Mortgage and Note dated or restrictions set forth herein, and if such default remains uncured /ors period of one hundred twenty (120) days after written notice thereof has been given by Ci1y. City shall be entitled to apply to any court having jurisdiction of the subject matter for specific performance of this Agneememt, for the appointment of u receiver or successor totake over and operate the Property in e000ndmnoo with the hemou of this Agneement, or for such other re|ief, including monebary, as may be appropriate and as such court deems just, equitable, and reasonably required to effectuate the terms of this Agreement. 4. Owner represents and warrants to City: m. Owner has validly executed this Agreement and the same constitutes the binding obligation of the owner. Owner has full povmar, authority and capacity to enter into this Agnwement, to carry out the Owner's obligations as described in this Agneement, and to assume responsibility for compliance with all applicable |ooa|, eteto' and federal nu|oo and regulations. b To the best uf Owner's knowledge, the making of this Agreement and the Owner's obligations hereunder: i will not violate any contractual covenants or restrictions between Owner or any third party, or affecting the Property; ii. will not conflict with any of the instruments that create or establish Owner's authority; iii will not conflict with any applicable public or private restrictions; iv. do not require any consent or approval of any public orprivate authority which has not already been obtained; and x. are not threatened with invalidity or unenhzroembUhy by any action, proceeding, or invantigaUon, pending or threatened, by or against Owner without regard to mapecih/, any person with whom Owner may be jointly or severally liable, or the Property or any part thereof. c There isnolitigation pending mproceeding known or, to the best of Owner's knnw|edge, threatened against Owner which, if adversely debennined, could individually or in the aggregate have an adverse affect on title to or the use and enjoyment or value of the 9ropedy, or any portion thereof, or which could in any way interfere with the consummation of this Agreement. d. Thee is not pending or, to Owner's best knowledge, threatened against Owner any oaoo or proceeding or other action in benkmptcy, whether voluntary or othemviee, any assignment for the benefit of creditom, or any petition seeking nsorgonizetion, arnongemont, composition, readjustment, |iquidation, dioau|ution, or similar relief for Owner under any present or future federal, state, or other statute, law, or regulation relating to bankruptcy, insolvency, or relief from debtors. 5. Notices required to be given by this Agreement shall be in wrdng, by certified mail through the United Gtsbea Postmoster, with copies to be mailed as set forth below. Required certified mail shall also have return receipt requested, addressed to the persons and places specified for giving notice below. Revisions to the names or addn*oo*n of those parties to receive notice may be made by either party by providing notice to the other party as provided herein. This in no way impacts the requirement to provide notice to the Qty of Delray Beach City Commission and to the City Attorney in the manner outlined above. Notice shall be forwarded to the following: For the City: Mayon City of Delray Beach 1000VV1mAvenue Delray Beach, Florida 33444 With copies byU.S. mail to: City nfDelray Beach Neighborhood Service Administrator Neighborhood Services Division 1OONVV1~`Avenue Delray Beach, Florida 33444 Director Community Improvement Department 1uumvv/-Avenue Delray Beach, Florida 33444 For the Owner: &ziannoZamor 125NVV12"'Avenue Delray Beach, Florida 33444 G. The Owner and City agree that both parties have played an equal and reciprocal part in the drafting of this Agreement and' themfore, no provisions of this Agreement shall be construed by any court m other judicial authority against any party hereto because such party is deemed to have drafted or structured such provisions. 7. This Agreement shall be construed', and the rights and obligations of the City and Owner hereunder shall be determined, in accordance withUhalawmofdheGtahs of Florida. Venue for any litigation pertaining to the subject matter hereof shall be exclusive in Palm Beach County, Florida, unless prohibited by law. 8. In any litigation between the parties hereto arising out of this Agreement, the prevailing party shall be endified to recover all fees and coats incurred in such litigation, including reasonable attorneys' fees, through appeal if necessary. 0� This Agreement shall be recorded in the Public Records of Palm Beach County. Florida, by the City at the expense of the City subsequent tn the closing of the sale to the Owner from the Developer. This Agreement shall run with the land and shall be binding on both partiem, their heirs, ouon0000ra, and assigns upon recording. Certified copies of the recorded documents ohe|| be provided to the Owner within ten (10) days of receipt ofthe recorded Agreement. IN WITNESS WHEREOF, the Owner has namd and understands the terms set forth and agrees to meet the obligations contained herein by execution of this agreement, in duplicate, this. WITNESSES OWNER ATTEST Office of City Clerk Phone Number: / Date: Date: ��/O�/ / Jo/ -� CITY CITY OFOELRAY BEACH, FLORIDA by and through its city Comml)ss 0 Mayor Date of Execution: Attachment A Real property located at 125 NW 12th Avenue, Delray Beach, Florida 33444 generally described as: THE NORTH 80 FEET OF THE WEST 150 FEET OF THE SOUTH !/2 OF THE NORTH'' %, OF LOT 6, SECTION 17, TOWNSHIP 46 SOUTH, RANGE 43 EAST, LESS AND EXCEPT THE WEST 25 FEET THEREOF, AS RECORDED IN THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. Coversheet MEMORANDUM TO: Mayor and City Commissioners FROM: Lula Butler, Director, Community Improvement THROUGH: Douglas E. Smith, Interim City Manager DATE: March 11, 2013 Page 1 of 1 SUBJECT: AGENDA ITEM 11.A. -REGULAR COMMISSION MEETING OF MARCH 19 2013 RESOLUTION NO. 19 -131 CONTRACT FOR SALE AND PURCHASE/ 125 N.W. 12TH AVENUE ITEM BEFORE COMMISSION Staff requests City Commission approval to sell Neighborhood Stabilization Program property located at 125 N.W. 12th Avenue, Delray Beach, FL 33444 to Azianne Zamor for the purchase price of Seventy Thousand Dollars and 00/100 cents ($70,000) or appraised value. BACKGROUND The City of Delray Beach has received $1,905,005 under the Neighborhood Stabilization Program (NSP) award through the Florida Department of Community Affairs by the U. S. Department of Housing (HUD) and $400,000 from the Delray Beach Community Redevelopment Agency (CRA) as a result of the Housing and Economic Recovery Act of 2008 (H.R. 3221). The NSP funding is for the purpose of purchasing foreclosed or abandoned homes for rehabilitation, resale, or redevelopment in order to stabilize neighborhoods and stem the decline of home values. NSP funds are to benefit Low, Moderate and Middle Income Households (LMMI). LMMI households are defined as those with incomes less than one-hundred twenty percent (120 %) of Area Median Income (AMI) as determined by HUD. The City of Delray Beach desires to sell the property located at 125 NW 12th Avenue to Azianne Zainor for the purchase price of Seventy Thousand Dollars and 001100 cents ($70,000) or appraised value: THE NORTH 80 FEET OF THE WEST 150 FEET OF THE SOUTH '/2 OF THE NORTH %2 OF LOT 6, SECTION 17, TOWNSHIP 46 SOUTH, RANGE 43 EAST, LESS AND EXCEPT THE WEST 25 FEET THEREOF, AS RECORDED IN THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA RECOMMENDATION Staff recommends City Commission approval to sell NSP property located at 125 NW 12th Avenue, Delray Beach, FL 33444 to Azianne Zamor for the purchase price of Seventy Thousand Dollars and 001100 cents ($70,000) or appraised value. http: /l agendas. mydelraybeach .com /Bluesheet.aspx ?ItemID= 6583 &MeetingID =405 3/22/2013 Exhibit A CONTRACT FOR SALE AND PURCHASE PARTIES: CITY OF DEFRAY BEACH, a Florida municipal corporation, ( "Seller "), of 100 N.W. 1$1 Avenue, Delray Beach, Florida 33444 and Azianne Zamor ( "Buyer "), of 1601 Ilene Court, Delray Beach, FL. 33445, hereby agree that the Seller shall sell and Buyer shall buy the following described Real Property and Personal Property (collectively "Property ") upon the following terms and conditions, which INCLUDE the Standards for Real Estate Transactions ( "Standard(s) "), attached hereto and riders and any addenda to this Contract for Sale and Purchase ( "Contract "): I. DESCRIPTION: (a) THE NORTH 80 FEET OF THE WEST 180 FEET OF THE SOUTH Yz OF THE NORTH I OF LOT 6, SECTION 17, TOWNSHIP 46 SOUTH, RANGE 43 EAST, LESS AND EXCEPT THE WEST 25 FEET THEREOF, AS RECORDED IN THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA.. P C N : 12- 43- 46- 17 -42- 006 -0230 (b) Address: 125 NW 12" Avenue, Delray Beach, FL 33444 PURCHASE PRICE ............... . ...... ........... US $70,000 III. TIME FOR ACCEPTANCE; EFFECTIVE DATE: If this offer is not executed by and delivered to all parties OR FACT OF EXECUTION communicated in writing between the parties on or before March 30, 2013, the deposit(s) will, at Buyer's option, be returned to Buyer and the offer withdrawn. The date of this Contract ( "Effective Date ") will be the date when the last one of the Buyer and the Seller has signed this offer. IV. TITLE EVIDENCE: At least 7 days before closing date, Buyer shall obtain a title insurance commitment. V. CLOSING DATE: This transaction shall be closed and the deed and other closing papers delivered on or before sixty (60) days from the date of the execution of this agreement, unless extended by other provisions of this Contract. VI. RESTRICTIONS; EASEMENTS; LIMITATIONS: Buyer shall take title by Quit Claim Deed subject to: 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 (easements are to be located contiguous to Real Property lines and not more than 10 feet in width as to the rear or front lines and 7 '/2 feet in width as to the side lines, unless otherwise specified herein); taxes for year of closing and subsequent years, assumed mortgages and purchase money mortgages, if any; provided, that there exists at closing no violation of the foregoing and none of them prevents the use of Real Property for residential purpose. VI I. OCCUPANCY. Seller warrants that there are no parties in occupancy other than Seller, but if Property is intended to be rented or occupied beyond closing, the fact and terms thereof shall be stated herein, and the tenant(s) or occupants disclosed pursuant to Standard D. Seller agrees to deliver occupancy of Property at time of closing unless otherwise stated herein. If occupancy is to be delivered before closing, Buyer assumes all risk of loss to Property from date of occupancy, shall be responsible and liable for maintenance from that date, and shall be deemed to have accepted Property in their existing condition as of time of taking occupancy unless otherwise stated herein or in a separate writing. Vlll. TYPEWRITTEN OR HANDWRITTEN PROVISIONS: Typewritten or handwritten provisions shall control all printed provisions of Contract in conflict with them. IX. ASSIGNABILITY: Buyer may not assign Contract. X. DISCLOSURES: (a) Radon is a naturally occurring radioactive gas that, when accumulated in a building in sufficient quantities, may present health risks to persons who are exposed to it over time. Levels of radon that exceed federal and state guidelines have been found in buildings in Florida. Additional information regarding Radon or Radon testing may be obtained from your County Public health unit. (b) Buyer may have determined the energy efficiency rating of the residential building, if any is located on the Real Property. XI. SPECIAL CLAUSES; ADDENDA: If additional terms are to be provided, they will be provided in the attached addenda. If there is an addenda, check here / CITY OF DELRAY BEACH, FLORIDA Azianne Zamor Thomas F. Carney, Jr. Mayor Date ATTEST: City Clerk Approved as to Form: City Attorney 2 B f� a3-a8 -I3 Print N me: z - a k6t Date By: Print Name: ATTEST: Date ADDENDUM TO CONTRACT FOR SALE AND PURCHASE SELLER: CITY OF DELRAY BEACH, FLORIDA BUYER, Azianne zamor PROPERTY ADDRESS: 125 NW 12th Avenue, Delray Beach, FL 33444, XI. SPECIAL CLAUSES; ADDENDA (Continued): A. FOREIGN INVESTMENT IN REAL PROPERTY TAX ACT ( "FIRPTA "): The parties shall comply with the provisions of Internal Revenue Code Section 1445 and applicable Treasury Regulations issued thereunder. If the Seller is a U.S. person for Internal Revenue Code Section 1445 purposes, then on demand of the Buyer and prior to closing the Seller shall provide the Buyer with a certificate of non- foreign status in the manner provided in Treasury Regulations Section 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 not withhold under Internal Revenue Code Section 1445. If the Seller is a 'foreign person' as defined by the Internal Revenue Code, the Buyer generally is required to withhold 10% of the gross sales price from the Seller at closing and to pay the withheld amount over to the Internal Revenue Service (IRS) unless an applicable exemption from withholding or a limitation on the amount to be withheld is available. To the extent that the cash to be paid over to the Seller at closing is insufficient to cover the Buyer's withholding obligation, the Seller shall provide to the Buyer at closing cash equal to such excess for purposes of making such withholding payment. If the Seller's federal income tax on the gain is less than the applicable withholding amount, the Seller may make advance application to the IRS for reduced withholding and, if granted, the Buyer shall withhold only the authorized reduced amount. If such ruling has not been received by closing, the parties at closing shall enter into an escrow agreement reasonably satisfactory to the Buyer and Seller pending receipt of the ruling, provided that at closing the Seller shall have the obligation to provide to the escrow agent from the closing proceeds (or from the Seller's other resources if necessary) cash equal to the maximum required withholding, with any excess withholding being refundable to the Seller 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 identification number and to supply that number on the foregoing forms. A foreign individual may acquire an International Taxpayer Identification Number for this purpose. Since it may take several weeks to receive the number after application and the IRS will not process these forms without the actual number, a party lacking a TIN is advised to apply immediately. 3 8� The Buyer shall have thirty (30) calendar days within which to conduct any and all feasibility studies and determinations relative to the suitability for the acquisition of the subject property by the Buyer and the Buyer reserves the express right to terminate this Contract at any time during said period for any reason or no reason, in Buyer's sole discretion, whereupon Buyer shall receive a full refund of all deposit monies paid hereunder. Buyer shall be granted reasonable access to the premises to conduct such feasibility studies and determinations, including environmental assays, core drilling, surveys, soil sampling and other such testing. C. This Contract is expressly contingent and conditioned upon the approval of the same by the City Commission of the City of Delray Beach. SELLERS' INITIALS: BUYER'S INITIALS: aZ 5 I STANDARDS FOR REAL ESTATE TRANSACTIONS A. Evidence of Title: A title insurance commitment Issued by a Florida licensed title insurer agreeing to issue to Buyer, upon recording of the deed to Buyer, an owner's policy of title insurance in the amount of the purchase price, insuring Buyer's title to real property, subject only to liens, encumbrances, exceptions or qualification set forth in this agreement and those which shall be discharged by Seller at or before closing. Seller shall convey a marketable title subject only to liens, encumbrances, exceptions or qualifications set forth in this agreement and those which shall be discharged by Seller at or before closing. Marketable title shall be determined according to applicable title standards adopted by authority of The Florida Bar and in accordance with law. If title is found defective, Buyer shall notify Seller in writing specifying defect(s). If the defect(s) render title unmarket- able, Seller will have one hundred twenty (1 20) days from receipt of notice within which to remove the defect(s), failing which Buyer shall have the option of either accepting the title as it then is or demanding a refund of deposit(s) paid which shall immediately be returned to Buyer; thereupon Buyer and Seller shall release one another of all further obligations under the agreement. Seller will, if title is found unmarket- able, use diligent effort to correct defect(s) in title within the time provided therefor, including the bringing of necessary suits. B. Survey: Buyer, at Buyer's expense, within time allowed to deliver evidence of title and to examine same, may have real property surveyed and certified by a registered Florida surveyor. If survey shows encroachment on real property or that improvements located on real property encroach on setback lines, easements, lands of others, or violate any restrictions, agreement covenants or applicable governmental regulation, the same shall constitute a title defect. G. Ingress and Egress: Seller warrants and represents that there Is ingress and egress to the real property sufficient for the intended use as described herein, title to which is in accordance with Standard A. D. Leases: If applicable, Seller shall, not less than fifteen (15) days before closing, furnish to Buyer copies of all written leases and estoppel letters from each tenant specifying the nature and duration of the tenant's occupancy, rental rates, advanced rent and security deposits paid by tenant. If Seller is unable to obtain such letter from each tenant, the same information shall be furnished by Seller to Buyer within that time period in the form of a Seller's affidavit, and Buyer may thereafter contact tenants to confirm such information. Seller shall, at closing, deliver and assign all original leases to Buyer. E. Liens: Seller shall furnish to Buyer at time of closing an affidavit attesting to the absence, unless otherwise provided for herein, of any financing statements, claims of lien or potential 1 €enors known to Seller and further attesting that there have been no improvements or repairs to property for ninety (90) days immediately preceding date of closing. if property has been improved, or repaired within that time, Seiler shall deliver releases or waivers of mechanics' liens executed by all general contractors, subcontractors, suppliers, and materialmen in addition to Seller's lien affidavit setting forth the names of all such general contractors, subcontractors, suppliers and materialmen and further affirming that all charges for improvements or repairs which could serve as a basis for a mechanic's line or a claim for damages have been paid or will be paid at closing. F. Place of Clos_ing: Closing shall be held in the county where real property is located, at the office of the attorney or other closing agent designated by Buyer. G. Time: Time is of the essence of this agreement. Time periods herein of less than six (6) days shall in the computation exclude Saturdays, Sundays and state or national legal holidays, and any time period provided for herein which shall end on Saturday, Sunday or legal holiday shall extend to 5:00 p.m. of the next business day. H. Documents for Closing: Seller shall furnish deed, bill of sale, mechanic's lien affidavit, assignments of ['eases, tenant and mortgagee estoppel letters, and corrective instruments. Buyer shall furnish closing statement, mortgage, mortgage note, security agreement, and financial statements. I. Expenses: Documentary stamps on the warranty deed and recording corrective instruments and the warranty deed shall be paid by Buyer. J. Prorations: credits: Taxes, assessments, rent, interest, insurance and other expenses and revenue of property shall be prorated through day before closing. Buyer shall have the option to taking over any existing policies of insurance, if assumable, In which event premiums shall be prorated. Gash at closing shall be increased or decreased as may be required by prorations. Frorations will be made through day prior to occupancy if occupancy occurs before closing. Advance rent and security deposits will be credited to Buyer and escrow deposits held by mortgagee will be credited to Seller. Taxes shall be prorated based on the current year's tax with due allowance trade for maximum allowable discount, homestead and other exemptions. If closing occurs at a date when the current year's millage is not fixed, and current year's assessments is available, taxes will be prorated based upon such assessment and the prior year's millage. If current year's assessment is not available, then taxes will be prorated on the prior years tax. If there are completed improvements on real property by January 1st of year of closing which improvements were not in existence on January 1st of the prior year then taxes shall be prorated based upon the prior year's millage and at an equitable assessment to be agreed upon between the parties, failing which, request will be made to the County Property Appraiser for an informal assessment taking into consideration available exemptions. Any tax proration based on an estimate may, at request of either Buyer or Seller, be subsequently readjusted upon receipt of tax bill on condition that a statement to that effect is In the closing statement. K. Special Assessment Liens: Certified, confirmed and ratified special assessment liens as of date of closing (and not as of Effective Date) are to be paid by Seller. Pending liens as of date of closing shall be assumed by Buyer. if the improvement has been substantially completed as of Effective late, such pending lien shall be considered as certified, confirmed or ratified and Seller shall, at closing, be charged an amount equal to the last estimate of assessment for the improvement by the public body. L. Risk of Loss: If the property is damaged by fire or other casualty before closing and cost of restoration does not exceed the purchase price of the property so damaged, cost of restoration shall be an obligation of the Seller and closing shall proceed pursuant to the term so the agreement with restoration costs escrowed at closing. If the cost of the restoration exceeds three percent (3 %) of the assessed valuation of the improvements so damaged, Buyer shall have the option of either taking property as is, together with either the three percent (3 %) or any insurance proceeds payable by virtue of such loss or damage, or of canceling the agreement and receiving return of deposit(s). M. Escrow: Any escrow agent ("Agent") receiving funds or equivalent is authorized and agrees by acceptance of them to deposit them promptly, hold same in escrow and, subject to clearance, disburse them in accordance with terms and conditions of agreement. Failure of clearance of funds shall not excuse Buyer's performance. -If in doubt as to Agent's duties or liabilities under the provisions of agreement, Agent may, at Agent's option, continue to hold the subject matter of the escrow until the parties mutually agree to its disbursement, or until a judgment of a court of competent jurisdiction shall determine the rights of the parties or Agent may deposit with the clerk of the circuit court having jurisdiction of the dispute. Upon notifying all parties concerned of such action, all liability on the part of Agent shall fully terminate, except to the extent of accounting for any items previously delivered out of escrow. If a licensed real estate broker, Agent will comply with provisions of Chapter 475, F.S. (1987), as amended. Any suit between Buyer and Seller where Agent is made a party because of acting as Agent hereunder, or in any suit wherein Agent interpleads the subject matter of the escrow, Agent shall recover reasonable attorney's fees and costs incurred with the fees and costs to be charged and assessed as 6 court costs in favor of the prevailing party. Parties agree that Agent shall not be liable to any party or person for misdelivery to Buyer or Seller of items subject to this escrow, unless such misdelivery is due to willful breach of contract or gross negligence of Agent. N. Failure of performance: If Buyer falls to perform this Contract within the time specified Seller shall be relieved of all obligations under Contract. If, for any reason other than failure of Seller to make Seller's title marketable after diligent effort, Seller falls, 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. O. Agreement Not Recordable; Persons Bound; Notice: Neither this agreement nor any notice of it shall be recorded in any public records. This agreement shall bind and inure to the benefit of the parties and their successors in interest. Whenever the context permits, singular shall include plural and one gender shall include all. Notice given by or to the attorney for any party shall be as effective as if given by or to that party. P. Conveyance: Seller shall convey the property by way of Quit Claim Deed subject to an easement for any utilities that may exist and Ile on the property. Q, Other Agreements: No prior or present agreements or representations shall be binding upon Buyer or Seller unless included in this Contract. No modification or change in this Contract shall be valid or binding upon the parties unless in writing and executed by the party or parties intended to be bound by it. R. Warranties: Seller warrants that there are no facts known to Seller materially affecting the value of the real property which are not readily observable by Buyer or which have not been disclosed to Buyer. T SECOND ADDENDUM TO CONTRACT FOR SALE AND PURCHASE Buyer: Azianne Zamor Seller: The City of Delray Beach Property: THE NORTH 80 FEET OF THE WEST 150 FEET OF THE SOUTH' /z OF THE NORTH % OF LOT 6, SECTION 17, TOWNSHIP 46 SOUTH, RANGE 43 EAST, LESS AND EXCEPT THE WEST 25 FEET THEREOF, AS RECORDED IN THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. The Parties further agree as follows: 1. Disclosures: A. Mold: Mold is naturally occurring and may cause health risks or damage to Property. if Buyer us concerned or desires additional information regarding mold, Buyer should contact an appropriate professional. B. Lead Warning Statement: Every purchaser of any interest in residential real property on which a residential dwelling was built prior to 1978 is notified that such property may present exposure to lead from lead -based paint that may place young children at risk of developing lead poisoning. Lead poisoning in young children may produce permanent neurological damage, including learning disabilities, reduced intelligence quotient, behavioral problems, and impaired memory. Lead poisoning also poses a particular risk to pregnant women. The Seller of any interest in residential real property is required to provide the Buyer with any information on lead -based paint hazards from risk assessments or inspections in the Seller's possession and notify the Buyer of any known lead -based paint hazards. A risk assessment or inspection f or possible lead based hazards is recommended prior to purchase. Seller's Disclosure (Initial) (a) Presence of lead -based paint and /or lead -based paint hazards (check one below): Known lead -based paint and /or lead -based paint hazards the housing unit (explain) are present in X Seller has no knowledge of lead -based paint and/or lead -based paint hazards in the housing unit. (b) Records and reports available to the Seller (check below): Seller has provided the purchaser with all available records and reports pertaining to lead -based paint and/or lead -based paint hazards in the housing unit (list documents) X Seller has no reports or records pertaining to lead -based paint and /or lead -based paint hazards in the housing unit. Page 11 of 3 Purchaser's Acknowledgment (Initial) X (c) Purchaser has received copies of all information above. X (d) Purchaser has received the pamphlet Protect Your Family from Lead in your Nome X (e) Purchaser has (check one below): Received a 10 -day opportunity (or mutually agreed upon period) to conduct a risk assessment or inspection for the presence of lead -based paint and /or lead -based paint hazards; or Waived the opportunity to conduct risk assessment or inspection for the presence of lead -based paint hazards. Agent's Acknowledgment (Initial) (f) Agent has informed Seller of the Seller's obligations under 42 U.S.C.4852 (d) and is unaware of hislher responsibility to ensure compliance. Certification of Accuracy The following parties have reviewed the information above and certify, to the best of their knowledge, that the information they have provided is true and correct. PROPERTY TAX DISCLOSURE SUMMARY: BUYER SHOULD NOT RELY ON THE SELLER'S CURRENT PROPERTY TAXES S THE AMOUNT OF PROPERTY TAXES THAT THE BUYER MAY BE OBLIGATED TO PAY IN THE YEAR SUBSEQUENT TO PURCHASE. A CHANGE OF OWNERSHIP OR PROPERTY IMPROVEMENTS TRIGGERS THE ASSESSMENT OF THE PROPERTY THAT COULD RESULT IN HIGHER PROPERTY TAXES. IF YOU HAVE NAY QUESTIONS CONCERNING VALUATION, CONTACT THE COUNTY PROPERTY APPRAISER'S OFFICE FOR INFORMATION. 2. With respect to Standard (A), if title is found defective, Seller may, but shall have no obligation, to render title marketable. In the event Seller does not render title marketable within thirty (30) days after the date of Buyer's notice to Seller advising the Seller of the defects in title, Buyer shall have the option of either cancelling this Contract and receiving a refund of the deposits paid, or to accept title as is and close. 3. Seller has agreed to convey the Property to Buyer under the assumption that there are no liens, encumbrances, mortgages, assessments or other evidences of debt (hereinafter collectively referred to as "liens and encumbrances ") which must be paid by Seller at closing. In the event Buyer determines that there are liens and encumbrances, Seller shall have the option of paying off the liens and encumbrances at closing, failing which, Buyer may pay the liens or encumbrances, Buyer may cancel this Contract and receive a refund of its deposit, or Buyer may accept title as is subject to the liens and encumbrances and close. 4. With respect to Standard (L), if the Property is damaged by fire or other casualty before closing, Seller may elect to restore the Property, failing which, Buyer shall accept the physical condition of the Property as is or Buyer may cancel this Contract and receive a refund of its deposit. Page 2 of 3 5. Standard (N) is hereby deleted and the following is stated in its place: "If Buyer fails to perform the Contract within the time specified, Seller may cancel this Contract and be relieved of all obligations under the Contract or Seller may seek specific performance. If Seller fails to perform this Contract within the time specified, Buyer may elect to cancel this Contract and receive a return of Buyer's deposit, or Buyer may seek specific performance ". 6. With respect to Paragraph (1n of the Contract, the transaction shall be closed and the deed and other closing documents delivered on or before thirty (30) days after Buyer has determined the Property condition is satisfactory to Buyer pursuant to Paragraph (XI) (B) of the Contract. 7. Buyer accepts Property AS IS in its present physical condition, subject to any violations of governmental, building, environmental and safety codes, restrictions or requirements and shall be responsible for any and all repairs and improvements required. Seller makes no representation or warranty relating to the physical condition of or title to the Property. 8. Standard (R) of the Contract is hereby deleted. 9. The terms and conditions of this Second Addendum control over any conflicting terms and conditions contained in the Contract or any the other Addendum to the Contract. Azianne Zamor, Purchaser IN Date: City of Delray Beach, Seller IN Date: Page 3 of 3 This instrument prepared by and return to: City of Delray Beach Neighborhood Services Division ZOO NW I�tAvenue Delray Beach, Florida 33444 LAND USE RESTRICTION AGREEMENT AND DEED RESTRICTIONS FOR: CITY OF DELRAY BEACH NEIGHBORHOOD STABILIZATION PROGRAM THIS LAND USE RESTRICTION AGREEMENT AND DEED RESTRICTIONS (hereinafter Agreement) is made and entered into by and between the City of Delray Beach, a City existing by and under the laws of the State of Florida (hereinafter referred to as the "City') and Azianne Zamor (hereinafter referred to as the "Owner "). RECITALS WHEREAS, the Owner owns certain land described in Attachment "A" attached hereto and incorporated herein by reference, hereinafter referred to as the "Property "; and WHEREAS, Owner is the beneficiary of Neighborhood Stabilization Program Funds pursuant to an Agreement between State of Florida, Department of Economic Opportunity and City dated the 5th day of February, 2010; and WHEREAS, the Owner has agreed to comply with certain use restrictions as a beneficiary of'said Agreement; and WHEREAS, the City has provided Neighborhood Stabilization Program fundinIq for the acquisition, rehabilitation and resale of the property located 125 NW 12t Avenue, Delray Beach, Florida 33444. NOW, THEREFORE, in consideration of the above premises and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: 1. Owner agrees to sell the Property as a primary residence to an eligible buyer which shall remain as an owner - occupied residential unit by the Buyer for a minimum of 15 years from the date of purchase. 2. Owner covenants and agrees that Owner will not lease, convey or encumber the Property without the consent of the City while the restrictions provided herein remain in effect. 3. If Owner defaults in the performance of any obligation under the Mortgage and Note dated or restrictions set forth herein, and if such default remains uncured for a period of one hundred twenty (120) days after written notice thereof has been given by City, City shall be entitled to apply to any court having jurisdiction of the subject matter for specific performance of this Agreement, for the appointment of a receiver or successor to take over and operate the Property in accordance with the terms of this Agreement, or for such other relief, including monetary, as may be appropriate and as such court deems just, equitable, and reasonably required to effectuate the terms of this Agreement. 4. Owner represents and warrants to City: a. Owner has validly executed this Agreement and the same constitutes the binding obligation of the owner. Owner has full power, authority and capacity to enter into this Agreement, to carry out the Owner's obligations as described in this Agreement, and to assume responsibility for compliance with all applicable local, state, and federal rules and regulations. b. To the best of Owner's knowledge, the making of this Agreement and the Owner's obligations hereunder: i. will not violate any contractual covenants or restrictions between Owner or any third party, or affecting the Property; H. will not conflict with any of the instruments that create or establish Owner's authority; iii. will not conflict with any applicable public or private restrictions; iv, do not require any consent or approval of any public or private authority which has not already been obtained; and v. are not threatened with invalidity or unenforceability by any action, proceeding, or investigation, pending or threatened, by or against Owner without regard to capacity, any person with whom Owner may be jointly or severally liable, or the Property or any part thereof. c. There is no litigation pending or proceeding known or, to the best of Owner's knowledge, threatened against Owner which, if adversely determined, could individually or in the aggregate have an adverse affect on title to or the use and enjoyment or value of the Property, or any portion thereof, or which could in any way interfere with the consummation of this Agreement. There is not pending or, to Owner's best knowledge, threatened against Owner any case or proceeding or other action in bankruptcy, whether voluntary or otherwise, any assignment for the benefit of creditors, or any petition seeking reorganization, arrangement, composition, readjustment, liquidation, dissolution, or similar relief for Owner under any present or future federal, state., or other statute, law, or regulation relating to bankruptcy, insolvency, or relief from debtors. 5. Notices required to be given by this Agreement shall be in writing, by certified mail through the United States Postmaster, with copies to be mailed as set forth below. Required certified mail shall also have return receipt requested, addressed to the persons and places specified for giving notice below. Revisions to the names or addresses of those parties to receive notice may be made by either party by providing notice to the other party as provided herein. This in no way impacts the requirement to provide notice to the City of Delray Beach City Commission and to the City Attorney in the manner outlined above. Notice shall be forwarded to the following: For the City, Mayor City of Delray Beach 100 NW 1-4t Avenue Delray Beach, Florida 33444 With copies by U.S. mail to: City of Delray Beach Neighborhood Service Administrator Neighborhood Services Division 100 NW 1St Avenue Delray Beach, Florida 33444 Director Community Improvement Department 100 NW 1St Avenue Delray Beach, Florida 33444 For the Owner: Azianne Zamor 125 NW 12'h Avenue Delray Beach, Florida 33444 6. The Owner and City agree that both parties have played an equal and reciprocal part in the drafting of this Agreement and, therefore, no provisions of this Agreement shall be construed by any court or other judicial authority against any party hereto because such party is deemed to have drafted or structured such provisions. 7. This Agreement shall be construed, and the rights and obligations of the City and Owner hereunder shall be determined, in accordance with the laws of the State of Florida. Venue for any litigation pertaining to the subject matter hereof shall be exclusive in Palm Beach County, Florida, unless prohibited by law. 8. In any litigation between the parties hereto arising out of this Agreement, the prevailing party shall be entitled to recover all fees and costs incurred in such litigation, including reasonable attorneys' fees, through appeal if necessary. 9. This Agreement shall be recorded in the Public Records of Palm Beach County, Florida, by the City at the expense of the City subsequent to the closing of the sale to the Owner from the Developer. This Agreement shall run with the land and shall be binding on both parties, their heirs, successors, and assigns upon recording. Certified copies of the recorded documents shall be provided to the Owner within ten (1 Q) days of receipt of the recorded Agreement. IN WITNESS WHEREOF, the Owner has read and understands the terms set forth and agrees to meet the obligations contained herein by execution of this agreement, in duplicate, this. WITNESSES OWNER By: i Print Name: 4 n Phone Number: Date: ATTEST: CITY Office of City Clerk CITY OF DELRAY BEACH, FLORIDA by and through its City Commission By: By: Mayor Date of Execution: Attachment A Real property located at 125 NW 12th Avenue, Delray Beach, Florida 33444 generally described as: THE NORTH SO FEET OF THE NVFST 150 FEET OF THE SOUTH'/2 OF THE NORTH % OF LOT 6, SECTION 17, TOWNSHIP 46 SOUTH, RANGE 43 EAST, LESS AND EXCEPT THE WEST 25 FEET THEREOF, AS RECORDED INTHE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. 4 This instrument prepared by and return to: City of Delray Beach Neighborhood Services Division 100 NW 10 Avenue Delray Beach, Florida 33444 LAND USE RESTRICTION AGREEMENT AND DEED RESTRICTIONS FOR: CITY OF DELRAY BEACH NEIGHBORHOOD STABILIZATION PROGRAM THIS LAND USE RESTRICTION AGREEMENT AND DEED RESTRICTIONS (hereinafter Agreement) is made and entered into by and between the City of Delray Beach, a City existing by and under the laws of the State of Florida (hereinafter referred to as the "City ") and Azianne Zamor (hereinafter referred to as the "Owner"), 1 1.1 x1131IF_1 �'? WHEREAS, the Owner owns certain land described in Attachment "A" attached hereto and incorporated herein by reference; hereinafter referred to as the "Property'; and WHEREAS, Owner is the beneficiary of Neighborhood Stabilization Program Funds pursuant to an Agreement between State of Florida, Department of Economic Opportunity and City dated the 5th day of February, 2410; and WHEREAS, the Owner has agreed to comply with certain use restrictions as a beneficiary of said Agreement; and WHEREAS, the City has provided Neighborhood Stabilization Program funding for the acquisition, rehabilitation and resale of the property located 125 NW 12 Avenue, Delray Beach, Florida 33444. NOW, THEREFORE, in consideration of the above premises and other goad and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: 1. Owner agrees to sell the Property as a primary residence to an eligible buyer which shall remain as an owner - occupied residential unit by the Buyer for a minimum of 15 years from the date of purchase. 2. Owner covenants and agrees that Owner will not lease, convey or encumber the Property without the consent of the City while the restrictions provided herein remain in effect. 3. If Owner defaults in the performance of any obligation under the Mortgage and Note dated or restrictions set forth herein, and if such default remains uncured for a period of one hundred twenty (120) days after written notice thereof has been given by City, City shall be entitled to apply to any court having jurisdiction of the subject matter for specific performance of this Agreement, for the appointment of a receiver or successor to take over and operate the Property in accordance with the terms of this Agreement, or for such other relief, including monetary, as may be appropriate and as such court deems just, equitable, and reasonably required to effectuate the terms of this Agreement. 4. Owner represents and warrants to City_ a. Owner has validly executed this Agreement and the same constitutes the binding obligation of the owner. Owner has full power, authority and capacity to enter into this Agreement, to carry out the Owner's obligations as described in this Agreement, and to assume responsibility for compliance with all applicable local, state, and federal rules and regulations. b. To the best of Owner's knowledge, the making of this Agreement and the Owner's obligations hereunder: L will not violate any contractual covenants or restrictions between Owner or any third party, or affecting the Property; H. will not conflict with any of the instruments that create or establish Owner's authority; iii. will not conflict with any applicable public or private restrictions; iv. do not require any consent or approval of any public or private authority which has not already been obtained; and v. are not threatened with invalidity or unenforceability by any action, proceeding, or investigation, pending or threatened, by or against Owner without regard to capacity, any person with whom Owner may be jointly or severally liable, or the Property or any part thereof. c. There is no litigation pending or proceeding known or, to the best of Owner's knowledge, threatened against Owner which, if adversely determined, could individually or in the aggregate have an adverse affect on title to or the use and enjoyment or value of the Property, or any portion thereof, or which could in any way interfere with the consummation of this Agreement. There is not pending or, to Owner's best knowledge, threatened against Owner any case or proceeding or other action in bankruptcy, whether voluntary or otherwise, any assignment for the benefit of creditors, or any petition seeking reorganization, arrangement, composition, readjustment, liquidation, dissolution, or similar relief for Owner under any present or future federal, state, or other statute, law, or regulation relating to bankruptcy, insolvency, or relief from debtors. 5. Notices required to be given by this Agreement shall be in writing, by certified mail through the United States postmaster, with copies to be mailed as set forth below. Required certified mail shall also have return receipt requested, addressed to the persons and places specified for giving notice below. Revisions to the names or addresses of those parties to receive notice may be made by either party by providing notice to the other party as provided herein. This in no way impacts the requirement to provide notice to the City of Delray Beach City Commission and to the City Attorney in the manner outlined above. Notice shall be forwarded to the following: For the City, Mayor City of Delray Beach 100 NW 15t Avenue Delray Beach, Florida 33444 With copies by U_5, mail to: City of Delray Beach Neighborhood Service Administrator Neighborhood Services Division 100 NW 1"Avenue Delray Beach, Florida 33444 Director Community Improvement Department 100 NW 1$t Avenue Delray Beach, Florida 33444 For the Owner; Azianne Zamor 125 NW 12th Avenue Delray Beach, Florida 33444 6, The Owner and City agree that both parties have played an equal and reciprocal part in the drafting of this Agreement and, therefore, no provisions of this 2 Agreement shall be construed by any court or other judicial authority against any party hereto because such party is deemed to have drafted or structured such provisions. 7. This Agreement shall be construed, and the rights and obligations of the City and Owner hereunder shall be determined, in accordance with the laws of the State of Florida. Venue for any litigation pertaining to the subject matter hereof shall be exclusive in Palm Beach County, Florida, unless prohibited by law. S. In any litigation between the parties hereto arising out of this Agreement, the prevailing party shall be entitled to recover all fees and costs incurred in such litigation, including reasonable attorneys' fees, through appeal if necessary. 9. This Agreement shall be recorded in the Public Records of Palm Beach County, Florida, by the City at the expense of the City subsequent to the closing of the sale to the Owner from the Developer_ This Agreement shall run with the land and shall be binding on both parties, their heirs, successors, and assigns upon recording. Certified copies of the recorded documents shall be provided to the Owner within ten (10) days of receipt of the recorded Agreement. IN WITNESS WHEREOF, the Owner has read and understands the terms set forth and agrees to meet the obligations contained herein by execution of this agreement, in duplicate, this. WITNESSES OWNER By: Print Name: AZ- a- )Avyg. 7a LYt r]r` Title: Phone Number: date: ; ATTEST: CITY Office of City Clerk CITY OF DELRAY BEACH, FLORIDA by and through its City Commission By, By- Mayor Date of Execution: Attachment A Real property located at 125 NW 12'j' Avenue, Delray Beach, Florida 33444 generally described as; THE NORTH 80 FEET OF THE WEST 150 FEET OF THE SOVIH '/ OF THE NORTH % OF LOT 6, SECTION 1.7, TOWNSHIP 46 SOUTH, RANGE 43 EAST, LESS AND EXCEPT THE WEST 25 FEET THEREOF, AS RECORDED IN THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. 4 PAL MEACHPOSTCOM i RE L EWSS A HERE: THE PALM BEACH POST (56.T.).82.0-4343... 1 TUES }A Y MARCH 5; 2013