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Res 91-04 (" ~\ RESOLUTION NO. 91-04 A RESOLUTION OF THE CITI COMMISSION OF THE CITI OF DELRAY BEACH, FLORIDA, AUTHORIZING THE CITI TO PURCHASE FROM SELLER CERTAIN REAL PROPERTI IN PALM BEACH COUNTI, FLORIDA, DESCRIBED AS SOUTHRIDGE LOTS 18 AND 19 & EAST Yz OF THE ABANDONED CENTRAL AVENUE LYING WEST OF AND ADJACENT TO BLOCK 10 AS MORE PARTICULARLY DESCRIBED HEREIN, HEREBY INCORPORATING AND ACCEPTING THE CONTRACT STATING THE TERMS AND CONDITIONS FOR THE SALE AND PURCHASE BE1WEEN THE DELRA Y BEACH COMMUNITI DEVELOPMENT CORPORATION AND THE CITI OF DELRAY BEACH, FLORIDA. WHEREAS, the City of Delray Beach, Florida, wishes to acquire real property described as Southridge Lots 18 and 19 & East Yz of the abandoned Central Avenue lying West of and adjacent to Block 10, for roadway purposes; and WHEREAS, the Seller hereinafter named desires to sell the property hereinafter described to the City of Delray Beach Florida; and WHEREAS, it is in the best interest of the City of Delray Beach, Florida, to purchase said property for the purpose described above. NOW, THEREFORE, BE IT ORDAINED BY THE CITI COMMISSION OF THE CITI OF DELRA Y BEACH, FLORIDA, AS FOLLOWS: Section 1. That the City Commission of the City of Delray Beach, Florida, as Buyer, hereby agrees to purchase from Faterry L. Cleckley and Sharon C. Cleckley, as Sellers, land for roadway purposes for the purchase price of Seventy-Eight Thousand Dollars ($78,000.00), and other good and valuable consideration; said parcel being more particularly described as follows: Southridge Lots 18 and 19 & East Yz of the abandoned Central Avenue lying West of and adjacent to Block 10 according to the plat thereof on file in the office of the Clerk of Circuit Court in and for Palm Beach County, Florida. Section 2. That the terms and conditions contained in the contract for sale and purchase and addenda thereto between the City of Delray Beach, Florida, and the Seller as hereinabove named are incorporated herein. (" /'1 PASSED AND ADOPTED in regular session on the~ day of J~\1J:I...It.-J ' 2005. A ITEST: ~fR tz ~..~ ~. ~'"~.~ ' City Clerk 2 RES. NO. 91-04 CONTRACT FOR SALE AND PURCHASE FATERRY L. CLECKLEY and SHÞ~ON C. CLECKLEY, , ("Seller"), ofDelray Beach, Florida, and CITY OF DELRA Y BEACH, a Florida municipal corporation, ("Buyer"), hereby agree that the Buyer shall purchase the following real property ("Real Property") upon the following terms and conditions: I. DESCRIPTION: Southridge Lots 18 and 19 & East Yí of the abandoned Central Avenue lying West of and adjacent to Block 10. n. PURCHASE PRICE. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . US$78,000.00. m. 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 January 30, 2005 the deposit(s), if any, 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. N. TITLE EVIDENCE: At least 7 days before closing date, Buyer may obtain a title insurance commitment. V. CLOSING DATE: This transaction shall be closed and the deed and other closing papers delivered on or before April 30, 2005, unless extended by other provisions of this Contract. VI. RESTRICTIONS; EASEMENTS; LIMITATIONS: Buyer shall take title 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 Yí 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. '- < vm. 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. 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 unmarketable, 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 unmarketable, 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. Ine:ress and Ee: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 fmancing statements, claims of lien or potentiallienors 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, subcon- tractors, suppliers and materialmen and further affmning 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 Closine:: 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. -2- ... '....... H. Documents for Closine: 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 fmancial statements. I. Exoenses: Documentary stamps on the warranty deed and recording corrective instruments shall be paid by Seller. Recording 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 1 st 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. Soecial 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, confmned 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. Insoection. Reo air and Maintenance: Seller warrants that, as often (10) days prior to closing, the ceiling, roof (including the fascia and soffits) and exterior and interior walls do not have any VISffiLE EVIDENCE of leaks or water damage and that the septic tank, pool, all major applIances, heating, cooling, electrical, plumbing systems and machinery are in WORKING CONDITION. Buyer may, at Buyer's expense, having inspections made of those items by an appropriately Florida license person dealing III the construction, repair or maintenance of those items and shall report in writing to Seller such items that do not meet the above standards as to defects together with the cost of correcting them, prior to Buyer's occupancy or not less than ten (10) days prior to closing, whichever occurs first. Unless Buyer reports such defects within that time Buyer shall be deemed to have waived Seller's warranties as to defects not reported. If repairs or replacement are required, Seller shall pay up to three percent (3%) of the purchase price for such repairs or replacements by an appropriately Florida licensed person selected by Seller. If the cost for such repairs or replacement exceeds three percent (3°Æ) of the purchase price, Buyer or Seller may elect to pay such excess, failing which either party may cancel this agreement. If Seller is unable to correct the defects prior to closing, the cost thereof shall be paid into escrow at c losing. Seller will, upon reasonable notice, provide utilities service for inspections. Between the effective date and the closing, Seller shall maintain property including but not limited to the lawn and shrubbery, in the condition herein warranted, ordinary wear and tear excepted. Buyer shall be permitted access for inspection of property prior to closing in order to confmn compliance with this standard. M. Risk of Loss: If the property is damaged by fue 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 cancelling the agreement and receiving return of deposit(s). -3- ~ · , N. 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. O. 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 tàilure 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. P. Ae:reement 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. Q. Conveyance: Seller shall convey the property by way of Warranty Deed subject to an easement for any utilities that may exist and lie on the property. R. Other Ae:reements: 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 bc bound by it. S. 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. BUYER: SELLERS: By: ~TEST: ~~~L-i~ S). ~:~ City Clerk Ap~Yed as to Form: e ~ ~ City Attorney -4- . ... I .. State of Florida County of Palm Beach The foregoing instrument was acknow~~~d before me this I .Sf" day of ff(},eIl1W, 2004 by Faterry L. Cleckley, who i personally kn~ 0 me to be or who has produced (type of idenf Si ature of Notary Public- State of Florida 'i/'; Cznna l. DcIJoon ~1;;l At¡ . ~ 00292883 Pnnt, Type or Stamp øfp;reaApn"8 200 . 8 Notary Public State of Florida County of Palm Beach The foregoing instrument was acknowledged before me this -.1!...4.day of 1J~1JI/ , 2004 by Sharon C. Cleckley, who i(Péfsonally kn~to me to be or who has produced (type Ofide~. ^,Á~~ Signature of Notary Public- State ~'h . 'CZrina l. Dobaon · Myeom . 0; . m;..,ioIJ ÐÐ2ê"'G83 Print, Type or ~~á)f Notary Public -5- t'K ~ FROM: CITY COMMISSION DOCUMENTATION DA~~ANAGER PAll*ORLlNG, DIRE¿?ÞR OF PLANNING AND ZONING MEETING OF JANUARY 4, 2005 RESOLUTION 91-04 AUTHORIZING THE CITY TO PURCHASE TWO LOTS TO CONNECT SOUTHRIDGE ROAD TO ZEDER AVENUE. TO: SUBJECT: BACKGROUND The acquisition of these parcels furthers the goals and objectives of the South ridge ISW 4th Avenue Redevelopment Plan adopted by City Commission on June 15,1999. The Redevelopment Plan lays the framework for development, redevelopment, and enhancement of improved and vacant properties within Redevelopment Area #3, as identified on the City of Delray Beach Future Land Use Map. The study area is located north of Linton Boulevard, south of S.W. 10th Street, east of S.W. 10th Avenue, and west of Dixie Highway. The Redevelopment Plan outlines required infrastructure improvements including but not limited to, water, sewer, drainage, roads (paving and re-routing), lighting, and sidewalks. When the Redevelopment Plan was adopted the roads within this immediate area were dirt and gravel, and the area lacked drainage improvements. The streets could not be connected to the improved streets within the developed Woods of South ridge neighborhood area to the west (also part of original South ridge plat) due to walls and fences that have been erected over the years. During the creation of the Redevelopment Plan, City staff met with residents of South ridge and Ridgewood Heights and discussed several potential street layout alternatives. The preferred option of both the neighborhood and the police department provided a connection linking South ridge Road and Zeder Avenue. This connection requires the purchase of the two lots currently under consideration. Since the plans adoption significant investment in infrastructure improvements identified in the plan have been made in the area. These include approximately $350,000 for sewer, water, paving, and swales for Douglas Avenue, Southridge Road and Zeder Avenue. The acquisition of these lots and the construction of the connecting link between South ridge Road and Zeder Avenue will be a significant step to finalizing these infrastructure improvements. Attachment: Proposed Resolution 91-04 \ O¿r- ! ! S.W. 10TH STREET 112 3 49 I f- 0'1 14.3 ~ 14.2 14.1 15.1 15.2 ~ vi 6.3 16.1 I f- ro PINE GRO VE ELEMEN TAR Y SCHOOL f- w 0 (/) '-' z Z I :::> « f- (/) ~ r-- 21 31 12 13 36 37 59 11TH 24 24 FALL RIDGE ITIIITIillE' I ' I , 1 , . ,I. ... '.: ,1 . 11, w " "w I > > « 12 22 « 12 ~ vi s w. äj~ 6 THE GRO VES ACT C ~ z w > « GULF STREAM COMMERCIAL CENTRE LINTON TRUSS I f- a I f- V COUNTY SANI T A nON SOU THRIDGE VILLAGE CONDO ~ vi ~ vi SECURI TY SELF STORAGE LINTON B 0 U LEV A R 0 ROSS COSTCO ~<v. ~ LINTON i INTERNA TIONAL L. PLAZA w > « LAKE VIEW APARTMENTS (/) à:: w > « --.J ~ DELRA Y INDUSTRIAL PARK ~ vi N PROPOSED PROPERTY ACQUISITION CITY OF DELRAY BEACH, FL PLANNING & ZONING DEPARTMENT LOTS 18 & 19, SOUTHRIDGE PLAT 2 -- DIGITAL BASE MAP SYSTEM -- MAP REF: LM801 ACT C ~ 13 > <: ROSS ! ! I I , 10TH STREET 9.3 11 w 10 > 9.2 <: 9.' I")! 12.1 ~ i 12.2 I 13.1 I 13.2 f- 01 14.3 14.2 14.1 15.1 15.2 ::;: ui 6.3 16.1 49 ITIIIITIIIE: 'I ' 1.. I 1 1 . ' W : :' I !" W ! > > <: 12 22 <: 12 I f- ro PINE GROVE ELEMENTARY SCHOOL f- w 0 (j') ü z Z I ::::) <: f- (j') ~ r-- 21 31 21 f: 31 12 13 36 37 59 11TH ST. 24 24 FALL RIDGE SW §j~ I f- I~ 6 THE GROVES GULF STREAM COMMERCIAL CENTRE LINTON TRUSS I f- V COUNTY SANI T A nON ~ ui ~ ui SECURI TY SELF STORAGE SOU THRIDGE VILLAGE CONDO s: ui LINTON B 0 U LEV A R 0 (v. ~ w > <: UN TON INTERNA TlONAL PLAZA (j') å:: w > <: -.J COS TCO w > « ;:: (j') ~ DELRA Y INDUSTRIAL PARK LAKEVIEW APARTMENTS N CITY OF DELRA Y BEACH. FL PLANNING & ZONING DEPARTMENT PROPOSED RIGHT-OF-WAY CONFIGURATION -- DIGITAL BASE MAP SYSTEM -- MAP REF LMBO 1 · t [ITY OF DELIAY BEA[H CITY ATTORNEY'S OFFICE DELRA Y BEACH ~ AJl.Amerlca City ~'II'!' 200 NW 1 st AVENUE · DELRAY BEACH, FLORIDA 33444 TELEPHONE 561/243-7090· FACSIMILE 561/278-4755 Writer's Direct Line: 561/243-7091 MEMORANDUM DATE: December 20, 2004 TO: City Commission David Harden, City Manager ~~ FROM: Brian Shutt, Assistant City Attorney SUBJECT: Resolution 91-04 (Acquisition of Cleckley Property) Resolution No. 91-04 authorizes the City to purchase two lots located adjacent to Southridge Road and west of S.W. 4th Avenue from Mr. and Mrs. Cleckley for the purchase price of $78,000.00. Southridge Road currently terminates at a location adjacent to this property. This acquisition is to provide right-of-way so that Southridge Road may connect to Zeder Avenue, once it is constructed. The approximate square footage of both lots is 16,500. Incorporated within the resolutions are the terms and conditions of the contract for sale and purchase. The contract provides for the closing to occur by April 30, 2005. The City will pay all of the expenses of the closings, except for documentary stamps and prorations. Please place this item on the January 4, 2005 City Commission agenda. Please call if you have any questions. Attachments cc: Chevelle Nubin, City Clerk Randal Krejcarek, City Engineer RESOLUTION NO. 91-04 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRA Y BEACH, FLORIDA, AUTHORIZING THE CITY TO PURCHASE FROM SELLER CERTAIN REAL PROPERTY IN PALM BEACH COUNTY, FLORIDA, DESCRIBED AS SOUTHRIDGE LOTS 18 AND 19 & EAST ~ OF THE ABANDONED CENTRAL A VENUE LYING WEST OF AND ADJACENT TO BLOCK 10 AS MORE PARTICULARLY DESCRIBED HEREIN, HEREBY INCORPORATING AND ACCEPTING THE CONTRACT STATING THE TERMS AND CONDITIONS FOR THE SALE AND PURCHASE BETWEEN THE DELRA Y BEACH COMMUNITY DEVELOPMENT CORPORATION AND THE CITY OF DELRA Y BEACH, FLORIDA. WHEREAS, the City of Delray Beach, Florida, wishes to acquire real property described as Southridge Lots 18 and 19 & East ~ of the abandoned Central Avenue lying West of and adjacent to Block 10, for roadway purposes; and WHEREAS, the Seller hereinafter named desires to sell the property hereinafter described to the City of Delray Beach Florida; and WHEREAS, it is in the best interest of the City of Delray Beach, Florida, to purchase said property for the purpose described above. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRA Y BEACH, FLORIDA, AS FOLLOWS: Section 1. That the City Commission of the City of Delray Beach, Florida, as Buyer, hereby agrees to purchase from Faterry L. Cleckley and Sharon C. Cleckley, as Sellers, land for roadway purposes for the purchase price of Seventy-Eight Thousand Dollars ($78,000.00), and other good and valuable consideration; said parcel being more particularly described as follows: Southridge Lots 18 and 19 & East ~ of the abandoned Central A venue lying West of and adjacent to Block 10 according to the plat thereof on file in the office of the Clerk of Circuit Court in and for Palm Beach County, Florida. Section 2. That the terms and conditions contained in the contract for sale and purchase and addenda thereto between the City of Delray Beach, Florida, and the Seller as hereinabove named are incorporated herein. PASSED AND ADOPTED in regular session on the _ day of , 2004. ATTEST: MAYOR City Clerk CONTRACT FOR SALE AND PURCHASE FATERRY L. CLECKLEY and SHÞ~ON C. CLECKLEY, , ("Seller"), of Del ray Beach, Florida, and CITY OF DELRA Y BEACH, a Florida municipal corporation, ("Buyer"), hereby agree that the Buyer shall purchase the following real property ("Real Property") upon the following terms and conditions: I. DESCRIPTION: Southridge Lots 18 and 19 & East Yí of the abandoned Central Avenue lying West of and adjacent to Block 10. n. PURCHASE PRICE. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . US$78,000.00. m. 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 January 30, 2005 the deposit(s), if any, 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. N. TITLE EVIDENCE: At least 7 days before closing date, Buyer may obtain a title insurance commitment. V. CLOSING DATE: This transaction shall be closed and the deed and other closing papers delivered on or before April 30, 2005, unless extended by other provisions of this Contract. VI. RESTRICTIONS; EASEMENTS; LIMITATIONS: Buyer shall take title 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 easem~nts 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 Y2 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. vm. 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. 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 unmarketable, 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 innnediately 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 unmarketable, 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. In2ress and E2ress: 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 confmn 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 potentiallienors known to Seller and further attesting that there have been no improvements or repairs to property for ninety (90) days innnediately 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, subcon- tractors, 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 Closin2: 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. -2- H. Documents for Closin2: 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 [mancial statements. I. Exoenses: Documentary stamps on the warranty deed and recording corrective instruments shall be paid by Seller. Recording warranty deed shall be paid by Buyer. 1. 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 1 st 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. SDecial 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, confnmed 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. InsDection. Reoair and Maintenance: Seller warrants that, as of ten (10) days prior to closing, the ceiling, roof (including the fascia and soffits) and exterior and interior walls do not have any VISffiLE EVIDENCE of leaks or water damage and that the septic tank, pool, all major appliances, heating, cooling, electrical, plumbing systems and machinery are in WORKING CONDITION. Buyer may, at Buyer's expense, having inspections made of those items by an appropriately Florida license person dealing in the construction, repair or maintenance of those items and shall report in writing to Seller such items that do not mcet the above standards as to defects together with the cost of correcting them, prior to Buyer's occupancy or not less than ten (10) days prior to closing, whichever occurs first. Unless Buyer reports such defects within that time Buyer shall be deemed to have waived Seller's warranties as to defects not reported. If repairs or replacement are required, Seller shall pay up to three percent (3%) of the purchase price for such repairs or replacements by an appropriately Florida licensed person selected by Seller. If the cost for such repairs or replacement exceeds three percent (3%) of the purchase price, Buyer or Seller may elect to pay such excess, failing which either party may cancel this agreement. If Seller is unable to correct the defects prior to closing, the cost thereof shall be paid into escrow at closing. Seller will, upon reasonable notice, provide utilities service for inspections. Between the effective date and the closing, Seller shall maintain property including but not limited to the lawn and shrubbery, in the condition herein warranted, ordinary wear and tear excepted. Buyer shall be permitted access for inspection of property prior to closing in order to confnm compliance with this standard. M. 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 0 r 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 cancelling the agreement and receiving return of deposit(s). -3- N. 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 tenninate, 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. O. 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 1àilure 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. P. Å2reement 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. Q. Conveyance: Seller shall convey the property by way of Warranty Deed subject to an easement for any utilities that may exist and lie on the property. R. Other Å2reements: 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. S. 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. BUYER: SELLERS: City of Delray Beach Jeff Perlman, Mayor By: ATTEST: City Clerk Approved as to Fonn: City Attorney -4- State of Florida County of Palm Beach The foregoing instrument was acknowledged before me this /!if day of ffce~ , 2004 by Faterry L. Cleckley, who i personally known 0 me to be or who has produced (type of ident' Si ature of Notary Public- State of Florida 'iI'; em.. L. Oaboon ~D~ M;~DD29 Print, Type or Stamp e{p;,... Aørn 18 200 2883 . 8 Notary Public State of Florida County of Palm Beach The foregoing instrument was acknowledged before me this ~..iday of lJec.tM./;1IY' , 2004 by Sharon C. Cleckley, who iQersonally kn~to me to be or who has produced (type Ofid~. ^' Á ¿J~ Signature of Notary Public- State ~~L Oaboon "f'I ~ ÐÐ2&aJ53 Print, Type or _~t>f Notary Public -5- .~;,-~, ,-0;;- , þ ;",. {-, .. ít~~~~~'~'Bià:~'~~":~àriù - " ec' C ClA () ( tU/l1/I €- ( ff1é) _.oocanews.com . Boca ßalnn/l)elray _ NewS - MondaY. ~ 20.2004 19 100 - ANNOUNCEMENTS -ŒÐ- LEGAL NOTICES NOTICE OF INTENT TO PUIICIIASE RUL PROPERTY ~9TICE IS HEREBY GIVEN that th ity of Delray Beach Florid e ~nœs lis intention to purchase ;' g real property e ~~~Lms18aM19&~1~ West of and :~een:~=fõ IYUlg eCt to easements restnctJon . Sub- tIons, and other nÌatters of ~fi!Tllta- the pun:hase pnce of US$78 oJ8 for a~ other good aM valuable' .00. atíon. A ResolutIOn of ~er- mISSion of the CIty of : City Com- ~nda authoriZIng the pu~~ b roperty and on the terms and co d' OIlS set forth above will be n. 1- ered for adoption by the City Co consid- ~~ a~ a publIC meebng to be =t 2005 .m. on Tuesday, January 4. Further information as available ' ~:ained from the CIty Manâ¡¡e"'% CfTY OF DELRAY BEACH, FLORIDA . cœve¿~ ~~ ~~~ & 27,2004 Ad #118957 ray Beach News