Res 08-05
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RESOLUTION NO. 8-05
A RESOLUTION OF THE CI1Y COMMISSION OF THE CI1Y
OF DELRA Y BEACH, FLORIDA, AUTHORIZING THE CI1Y
SELL TO BUYER CERTAIN REAL PROPER1Y IN PALM
BEACH COUN1Y, FLORIDA, AS DESCRIBED HEREIN,
HEREBY INCORPORATING AND ACCEPTING THE
CONTRACT STATING THE TERMS AND CONDITIONS FOR
THE SALE AND PURCHASE BETWEEN THE BUYER AND
THE CI1Y OF DELRA Y BEACH, FLORIDA.
WHEREAS, the City of Delray Beach, Florida, wishes to sell certain property located at
1700 Lake Ida Road; and
WHEREAS, the Buyer hereinafter named desires to buy the property hereinafter described
from the City of Delray Beach, Florida; and
WHEREAS, it is in the best interest of the City of Delray Beach, Florida, to sell said
property.
NOW, THEREFORE, BE IT ORDAINED BY THE CI1Y COMMISSION OF THE
CI1Y OF DELRA Y BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the City Commission of the City of Delray Beach, Florida, as Seller, hereby
agrees to sell to CRC Recovery Foundation, Inc., as Buyers, for the purchase price of One Million
Dollars and 00/100 cents ($1,000,000.00), said property being more particular described as follows:
The Easterly 240.49 feet, less the Southerly 500 feet, of Lot 20, Block
1, Delray Shores, according to the plat thereof, as recorded in Plat
Book 24, Pages 232-233 of the Public Records of 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 Buyer as hereinabove
named are incorporated herein as Exhibit "A".
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PASSED AND ADOPTED in regular session on the I ~ day of ~~J-
2005.
ATTEST:
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RES. NO. 8-05
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THIS,FORM HÀS B'EEN APPROVED BY THE FLORIDA
ASSqCIATION DF REALTORS AND THE FLORIDA BAR
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CONTRACT FOR SALE AND PURCHASE
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1 PARTIES: Citv of Del,..y Beach ("Seller").
2 and CRC Recovery Foundation. Inc. ("Buyer").
3 hereby agree that Seller shall sell and Buyer shall buy the following descnbed Real Property and Personal Property
4 (collectively "Property") pursuant to the terms and conditions of this Contract for Sale and Purchase and any riders and
5 addenda (·Contract"):
8 I. DESCRIPTION: (a) Legal description of the Real Property located In Palm Beach County, Florida:
7 The Easferlv 240.40 Feet. Ius southerlv 500 feet. of Lot 20. SIock f. DELRA Y SHORES. accordina to the Dlat
B thereof. as recorded in PI.t Saok 2~. Pages 232·233 af the Public Records of Palm Beach County Florida
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10
11
12
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(b) Street address, city, zip, of the Property 1s: 1700 Lake Ida Rd. De/rav Beach. FL 33445
(c) Personal Property includes existing range(s), refrigerator(s), dishwasher(s), ceiling fanes), light flXture(s), and window
treatment(s) unless specifically excluded below.
Other items included are:
14
15 Items of Personal Property (and leased items, if any) excluded are.
16
17 II. PURCHASE PRICE (U.S. currency): . . . . . . . . . . . . . . . .. ........... .. ..... .... .. $ f,OOO.OOO.OO
18 PAYMENT:
19 (a) Deposit held in escrow by Robert FedersDI.I. ESQ. Trust account (Escrow Agent)
20 in the amount of (checks subject to clearance) .. . ., ........... .......,......,... $ 10,000.00
21 (b) Additional escrow deposit to be made to Escrow Agent within 30 days after Effective Date
22 (see Paragraph III) in the amount of . . . . . . . . , . . . .. .... . . . . , . . . . .. ..... ....,.. $ 90.000.00
23 (c) Financing (see Paragraph IV) in the amount of .,... . . . . . . . . . . . .. ................. $
24 (d) Other: $
25 (e) Balance to close by cash. wire transfer or LOCALLY DRAWN cashier's or official bank
28 check(s), subject to adjustments or prorations . . . . . .. .............. .. ............ $ 900,000.00
27 Ill. TIME FOR ACCEPTANCE OF OFFER AND COUNTEROFFERS; EFFECTIVE DATE:
28 (a) If this offer is not executed by and delivered to all partles OR FACT OF EXECUTION communicated in writing between
28 the parties on or before 10 DA YS , the deposlt(s) will. at Buyer's option, be returned and this
30 offer withdrawn.
31 UNLESS OTHERWISE STATED, THE TIME FOR ACCEPTANCE OF ANY COUNTEROFFERS SHALL BE 2 DAYS
32 FROM THE DATE THE COUNTEROFFER IS DEL.IVERED.
33 (b) The date of Contract ("Effective Date") will be the date when the last one of the Buyer and Seller has signed or Initialed
34 this offer or the final counteroffer. If such date IS not otherwise set forth In this Contract, then the "Effective Date" shall be
35 the date determined above for acceptance of this offer or, if applicable. the final counteroffer.
36 IV. FINANCING:
37 1a: (a) ThiS Is a cash transaction with no contingencies for financing:
311 0 (b) This Contract is contingent on Buyer obtaining approval of II loan ("Loan Approval") within _ days (if blank, than
39 30 days) after Effective Date ("Loan Approval Date") for (CHECK ONLY ONE): 0 a fixed; 0 an adjustable;
40 or 0 a fixed or adjustable rate loan In the pnnClpal amount of $ . at an IniUal Interest rate not to
41 exceed %, discount and origination fees not to exceed % of
42 principal amount, and for a term of years. Buyer will make application within days (If blank. then 5
43 days) after Effective Date. Buyer shall use reasonable diligence to: obtain Loan Approval and notify Seller in writing of
44 Loan Approval by Loan Approval Date; satisfy terms and conditions of the Loan Approval; and close the loan. Loan
45 Approval which requires a condition related to the sale of other proper1y shall not be deemed Loan Approval for purposes
46 of this subparagraph. Buyer shall pay all loan expenses. If Buyer does not deliver written notice to Seller by Loan Approval
47 Date stating Buyer has either obtained Loan Approval or waived thiS financing contingency, then Bither party may cancel
48 this Contract by delivering written notice ("Cancellation Nolice") to the other, not later than seven (7) days prior to Closing.
49 Seller's Cancellation Notice must state that Buyer has three (3) days to deliver to Seller written notice waiving this
50 financing contingency If Buyer has used due diligence and has not obtained Loan Approval before cancellation as
51 proVIded above, Buyer shall be refunded the deposit(s) Unless this financing contingency has been waived, this Contract
52 shall remain subject to the satisfaction, by Closing, of those conditions of Loan Approval related to the Property;
53 0 (c) Assumption of existing mortgage (see rider for terms); or
54 0 (d) purchase money note and mor1gage to Seller (see Standards 8 and K and nders; addenda, or special clauses for terms).
55 V. TITLE EVIDENCE: At least 10 days (if blank, then 5 days) before Closing a tille Insurance commitment with legible
56 copies of Instruments listed as exceptIons attached thereto ("Title Commrtment") and, after Closing, an owner's policy of
57 title insurance (see Standard A for terms) shall be obtained by:
58 (CH ECK ONLY ONE): Ji{ (1) Seller, at Sener's expense and delivered to Buyer or Buyer's attorney; or
59 0 (2) Buyer at Buyer's expense.
60 (CHECK HERE): 0 If an abstract of title is to be furnished instead of title Insurance. and attach r1<1er for terms.
81 VI. CLOSING DATE: This transaction shall be closed and the closing documents delivered
62 on April 14. 2005 ("Closing"), unless modified by other provisions of this
153 Contract If Buyer IS unable to obtain Hazard, Wind, Flood, or Homeowners' insurance at a reasonable rate due to
64 extreme weather conditions, Buyer may delay Closing for up to 5 days after such coverage becomes available.
FARl8A.R-7. Rev 7JD4 C 20D4 Fk>ri~ AuocieIIon r¡I REAL TORse IItId The Flond. B.- All nghts _erved. User Reg' 514410495
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.85 VII. RESTRICT10NS; EASEMENTS; LIMITATIONS: Seller shall convey mal1l.etable title subject to: comprehensive land use
66 plans, zoning, restrictions. prohibitions and other requirements imposed by governmental authority; restrictions and matters
67 appearing on the plat or otherwise common to the subdivision; outstanding oil, gas and mineral rights of record without
68 right of entry; unplatted public utihty easements of record (located contiguous to real property lines and not more than 10
69 feet In width as to the rear or front lines and 7 112 feet in width as to the side lines); taxes for year of Closing and
70 subsequent years: and assumed mortgages and purchase money mortgages, if any (if additional items, see addendum);
71 provided, that there eXists at Closing no violation of the foregoing and none prevent use of the Property for
72 CRC RecovelY Foundation, Inc. and Crossroads Club purpose(s).
73 VlII.OCCUPANCY: Seller shall deliver occupancy of Property to Buyer at time of Closing unless otherwise stated herein. If
74 Property is intended to be rented or occupied beyond Closing, the fact and terms thereof and the tenant(s) or occupants
75 shall be disclosed pursuant to Standard F. If occupancy is to be delivered before Closing, Buyer assumes all risks of loss to
76 Property from date of occupancy, shall De responsible and liable for maintenance from that date, and shall be deemed to
77 have accepted Property in its existing condition as of time of taking occupancy.
78 IX. TYPEWRITTEN OR HANDWRITTEN PROVISIONS: Typewritten or handwritten provisions, riders and addenda shall
79 control all printed proYislons of this Contract in conflict with them.
80 X. ASSIGNABILITY: (CHECK ONLY ONE): Buyer 0 may assign and thereby be released from any further liability under this
81 Contract: ti( may assign but not be released from liability under this Contract; or 0 may not assign this Contract.
82 XI. DISCLOSURES:
83 (a) 0 CHECK HERE if the Property is subject to a special assessment lien imposed by a public body payable in
84 installments which continue beyond Closing and. If so, specify who shall pay amounts due after Closing: 0 Seller
85 0 Buyer 0 Other (see addendum).
86 (b) Radon is a naturally occurring radioactive gas that when accumulated in a building In sufficient quantities may present
87 health risks to persons who are exposed to it over time. Levels of radon that exceed federal and state guidelines have
88 been found In buildings In Florida. Additional information regarding radon or radon testing may be obtained from your
89 County Public Health unit.
90 (c) Mold is naturally occurring and may cause health risks or damage to property. If Buyer is concemed or desires
91 additional information regarding mold, Buyer should contact an appropriate professional.
112 (d) Buyer acknowledges receipt of the Florida Energy-Efficiency Rating Information Brochure required by SectIon 553.996, F S.
93 (e) Ifthe real property includes pre-1978 residential housing then a lead-based paint rider is mandatory.
94 (f) If Seller is a "foreign person" as defmed by the ForeIgn Investment In Real Property Tax Act, the parties shall comply with that Act
115 (g) BUYER SHOULD NOT EXECUTE THIS CONTRACT UNTIL BUYER HAS RECEIVED AND READ THE
96 HOMEOWNERS' ASSOCIATION DISCLOSURE.
97 (h) PROPERTY TAX DISCLOSURE SUMMARY: BUYER SHOULD NOT RELY ON THE SELLER'S CURRENT PROPERTY
98 TAXES AS THE AMOUNT OF PROPERTY TAXES THAT THE BUYER MAY BE OBLIGATED TO PAY IN THE YEAR
99 SUBSEQUENT TO PURCHASE. A CHANGE OF OWNERSHIP OR PROPERTY IMPROVEMENTS TRIGGERS
100 REASSESSMENTS OF THE PROPERTY THAT COULD RESULT IN HIGHER PROPERTY TAXES. IF YOU HAVE ANY
101 QUESTIONS CONCERNING VALUATION, CONTACT THE COUNTY PROPERTY APPRAISER'S OFFICE FOR INFORMATION.
102 XII. MAXIMUM REPAIR COSTS: Seller shall not be responsible for payments in excess of:
103 (a) $ for treatment and repaIr under Standard D (if blank, then 1.5% of the Purchase Price).
104 (b) $ for repair and replacement under Standard N not caused by Wood Destroying
105 Organisms (if blank. then 1.5% of the Purchase Priçel.
106 XIII. HOME WARRANTY: 0 Seller 0 Buyer ~ N/A will pay for a home warranty plan Issued by
107 at a cost not to exceed $ .
108 XIV.RIDERS; ADDENDA; SPECIAL CLAUSES: CHECK those riders which are applicable AND are attached to and made a
109 J1.art of this Contract:
110 U CONDOMINIUM 0 VNFHA 0 HOMEOWNERS' ASSN. 0 LEAD-BASED PAINT
'" 0 COASTAL CONSTRUCTION CONTROL LINE 0 INSULATION 0 "AS IS"
112 0 Other ComprehenSive Rider Provisions a Addenda
113 Special Clause(s).
114
115
116
117 XV. STANDARDS FOR REAL ESTATE TRANSACTIONS '''Standards''): Buyer and Seller acknowledge receipt of a copy of
118 Standards A through Y on the reverse side or attached, which are incorporated as part of this Contract
119 THIS IS INTENDED TO BE A LEGALlY BINDING CONTRACT. IF NOT FULLY UNDERSTOOO. SEEK THE ADVICE OF AN ATTORNEY PRIOR TO SIGNING.
120 THIS FORM HAS BEEN APPROVED BY THE FLORIDA ASSOCIATION OF REALTORSQDAND THE FLORIDA BAR.
121 Approval does nolCOfl$/rfu" 8n OP/fllOll Ihllf.nyolflle /emls end conälions in 1M Contrecl should be eccepted by the parlifls 1/1 IP.rocuI" /rensact/oll Tenns and
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123 (Buyer) CRC Recovery Found.tion, Inc. (Date) (Date)
124
us (Buyer)
128 Buyers' address for purposes of notice
127
(Se
Sellers' address for purposes of notice
(Date)
(Date)
Phone Phone
128 BROKERS: The brokers (including cooperating brokers, If any) named below are the only brokers entitled to compensation in
129 connection with this Contract:
130 Name: NONE NONE
131 Cooperating Brokers, If any ListIng Brokor
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1,32' STANDARDS FOR REAL ESTATE TRANSACTIONS
133 A. TITLE INSURANCE: The Title Commitment Ihal be issued by . Flonda licensed title Insurer agreeing 10 issue Buyer, upon recordIng of the deed to
134 Buyer, an owner'! policy of tille insurance In the amount of the purchase price, insuring Buyer's marketable title to the Real Property, subject only to
135 matteB contaaned in Paragraph VII and those to be dl&charge<l by Seller It or before Closing. MarKetable title shall be determined acmrding to applicable
136 Title Standards adopted by authonty of The Florida Bar and In acmrdance with law Buyer shall have 5 days from date of receiving the Title Commitment
137 to examine It, and If title IS found def8dfve, notify Seller '" writing specifying defect(s) which render title unmarketable Seller shall have 30 days from
138 receipt of notice to remove the defe<:ls, faiOng which Buyer shall, within 5 days after expiration of the 30 day period, deliver wntten notice to Seller either:
139 (1) extending the time for a 19asonable period /lot to IIICCeed 120 days WIthin which Seller shall use ddJgent el'fort 10 remove the derects, or (2) requesting a
14Q refund of deposit(s) paid which shall be retumed to Buyer. If Buyer fal15 to sa notify Seller, Buyer shall be deemed to have accepted the Utle as it then is.
141 Seller shail. If title 15 found unmarltetable. UM dihgent effort 10 COlT'IICt defect(s) WIthin the time provided. If, after diligent effort, Seller i:s unable to timely
142 correct the defects, Buyer shalf either waive the defects. or receive a refund of deposit(s). thereby releasing Buyer and Seller from all further obligations
143 under thiS Contl1lct If Seller is to provide the Title Commitment and it is delivered to Buyer less than 5 days pnor to Closing. Buyer may extend Closing so
144 that Buyer shall have up to 5 days from date of receipt to examine same In accordance with this Standard.
145 B. PURCHASE MONEY MORTGAGE; SECURITY AGREEMENT TO SELLER: A purcllaslt money mortgage and mortgage note to Seller shall provide
146 for a 30 day grace period in the evenl of default if a first mortgage and a 15 day grace period If a second or lesser mortgage; shall provide for nght of
147 prepayment In whole or In part Without penalty: shall permit acceleration In event of transfer of the Real Property; shall require all pnor liens and
148 encumbrances to be kepI In good standing, shall forbtd modiflCation5 of, or Mure advances undei, prior martgage(s); shall require Buyer 10 maintain
149 pohcles of In5urance containing a standard mortgagee clause covering all Improvements located 0/1 the Real Property agalnsl fire and all penis included
150 within the term "extended COVe18g8 endorsements" and such other nsks and perils as Seller may reasonably require, In an amount equal to their highest
lð1 Insurable value, and the mortgage. note and security agreement stlal! be otherwise In form and content required by Seller, but Seller may only require
152 dauses and coverage customarily found in mortgages, mortgage noles and security agreements generally utilized by 58vings and loan Inslilutlons or state
153 or national banks located In the county whereIn the Real Property i5 located. All Pe150nal Property and leases being conveyed or assigned will. at Seller's
154 option, be subjecl to the lien of a seomty agreement evidenced by recorded or filed financing statements or certificates of title If a balloon mortgage, the
155 final payment WIll exceed the periodic payments thereon.
158 C. SURVEY: Buyer, at Buyer'S expense, 1Mthln time allowed to deliver eVldance of title and to examine same, may have the Real Property surveyed and
157 certtfied by a registered Florida surveyor. If the survey discloses encroachments on the ReaJ Property or that Improvements located thereon encroach on
1511 setback lines, easements, lands of others or violate any restnctions. Contract covenants or applicable governmental regulations, tI1e same shall constitute
159 a tifle defect
IIIQ D. WOOD DESTROYING ORGANISMS: 'Wood Destroying Organisms" (WDO) shall be deemed to include all wood destroYing organisms reqUired to be
161 reported under lhe Floñda StnJctural Pest Control Ad, as amended. Buyer. at Buyer's expense, may nave the Property inspected by I Rorida Certified
162 Pest Control Operator ("Operator") within 20 day& after the Effective Date to determine If there is any vIsible active WOO Infestation or VISible damage
183 from WOO Infestation, excluding fences. If either or bath are found, Buyer may within said 20 days (1) have cost or treatment of active infeslatlon
164 estimated by the Operator, (2) have all damage Inspected and cost of repair estimated by an appropriately licensed contractor; and (3) report such cost(s)
165 to Seller In writing. Seller shaN cause the treatment and repair of all WOO damage to be made and pay the costs thereof up to the amounl provided Ir1
166 Paragreph XII(a). If eatlmated costs exceed that amount, Buyer shall have the option of canceling this Contract by giving written notice to Seller Within 20
167 days after the Effecllve Date, or Buyer may elect to proceed with the transaction and receive a credit al Closing equal to the amount provided in
16S Pal1lgraph XII(a) 11 Buyers lender reqUires an updated WOO report, then Buyer shall, at Buyer's e¡q¡ense. have the opportunity to have the Property re-
189 inspected for WDO mfe5tation and have the cost of active mfe5tatlon or new damage estimated and reported to Seller In writing at least 10 days prior to
170 Closing. and thereafter, Seller shall cause such treatment and repair 10 be made and pay the cost thereof; provided. Seller's total obligation fQr trealment
171 and repair costs required under both the first and second InspectIOn shall nol exceed the amount provided in Paragraph XII (a).
172 E. INGRESS AND EGRESS: Seller warrants and represents that there IS ingress and egress to the Real Property sufficient for it& Intended use as
173 described in Paragraph VII hereof and title to the Real Property IS Insurable In accordance with Standard A without exception for lack of legal righl 0( access
114 F. LEASES. SeUer shall. at leut 1Q days befOre Closing, fumish to Buyer cop¡es of all written leases and estoppelletlers from each tenant specifying the
175 nature and duration of the tenanfs occupancy, rental rates, advanced rent and security deposits paid by tenant If Seller 1& unable to obtain such lel1er
176 from eech tenant, the same information shall be furnished by ~eller 10 Buyer Within that tme penod In the form of a Seifer's affidavit, and Buyer may
177 therea1ler contact tenant to confirm such information. If the terms of the lease& differ materially from Sellet'. representations, Buyer may lerminate this
178 Contract by delivering wntœ/l nob tl) 8eller at IlIasl tI days prior 10 Closing. Seller snail, at closing, deliver and assrgn BlI O/'lglnalleases to Buyer.
179 G. LIENS: Seller shan fumlSh to Buyer al time of Closing an affidavit attesting to the absence, unless oIhelWlse provided for herein, of any financing
180 ¡tatemont, claims of lien or potential Ilenons known to Seller IIf1d further attesting that there have been no Improvements or repairs 10 the Real property for
181 9Q days Immediately precedlnl/ dale of Closing If the Real Property has been Improved or repaired within that time, Seller shall deliver releases or waivers
182 of construcbon liens executed by aU genel'lll contractonl, subcontract~, suppliers and maœrialmen in addItion \I) Seller's lien aftldavlt setting forth the
183 names of all such general contractors. subcOntractors, suppliers and matenalmen, further affirming that all charges for Improvements or repairs which
184 could serve as a basis for a conatructJon lien or .. claim for damages have been paid or will be paid althe Closing of Ihis Contract.
185 H, PLACE OF CLOSING: CIo5lng shall be heid In the county wherein the Real Property is located at the office of tne attomey or other closing agent
186 C'Closlng Agenf') deslg/lated by tha party paying for lItfe insurance, or, If no btle II1I1Urance, desIgnated by Seller
187 I. TIME: In computing time penods of le55 than six (6) days. Saturdays. Sundays and state or national legal holidays shall be exclUded Any lime periods
188 provided for hereIn which shall end on a Sat",rday. Sunday, or a legal nollday sllell extend to 5.00 p.m. of the next business day TIme I. of the ,snnce
189 In this Contrlc!.
190 J. CLOSING DOCUMENTS: Seller shall tumiah the deed. bill of 581e, certificate of htle, construction lien affidavit, ownet's pO&5e11sion affidavit.
191 assignments of leas86, tenant and mortgagee estoppel letters and corrective instruments Buyer shall furnish mortgage, mortgage note, security
192 agreement and financing statements.
193 K. EXPENSES: Documentary stamps on the deed a/ld recordmg of corrective inslruments shall be paid by Seller All costs of Buyer's loan (whether
194 obtained from Seller or tNrd party), Including, but not limited to, documentary stamps and intangible tax on the purchase money mortgage and any
195 mortgage assumed, mortgagee tlUe Insurance commItment with related fees, and recording of purchase money mortgage to Seller, deed and financing
19S stalements shall be paid by Buyer Unless othefWlSe provided by law or rider to thiS Contract, cllarges for the follOWing related title servICes, namely btle
197 evidence. title examination, and dOling fee (including preparation of closing statement), shall be paid by the party responsible for furnishing the title
198 evidence in accordance with Paragraph V
199 L. PRORATIONS; CREDITS: Tøes, assessments, rent. interest, Insurance and other expenses of the Property shall be prorated through Ihe day before
200 Closing. Buyer sl'lall have the option of taking over existing policies of insurance, If assumable. In which event premium. shall ba prorated. Cash at
201 Closing :shall be increased or dacrea&ed u may be required by proralions to be made through day pnor 10 Closing, or occupancy, if occupancy occurs
202 before Closing. Advance rent and security deøosits wit be credited to Buyer. Escrow deposits held by mortgagee will be credited to Seller. Taxes shal' be
203 prorated based on the current year's tax with due allowance made tor maximum allowable discount, homestead and otl1er exemptions If Closing occurs at
204 a date when the current year's mnJage Is not fixed and current yean assessment is available. taxes will be prorated based upon such assessment and
205 prior year's millage. If current year's assessment is not available, then taKes will be prorated on pnor year's tax If there are completed Improvements on
2Q6 the Real Property by January 1 sf of year of Closing, which UT1pravements were not In existence on January 1st of poor year, then taxes shall be prorated
207 based upon pnor year's millage and at an 8q¡¡ltable assessmenl to be agreed upon between the parties, failing which. request shaU be made to the County
208 Property Appraiser for an Informal assessment taking Into account available exemptions A tax proration based on an estimate shall. at reQuest of either
209 party. be readjusted upon receipt of current year's tax bill.
FAFWAR.-7S RtMsed 7104C 2001 F\Drida ÁlSOCillllon ø1 REALTORSC IInd The Flonda 8ar AI Riglll. R.served
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STANDARDS FOR REAL ESTATE TRANSACTIONS (CONTINUED)
M. SPECIAL ASSESSMENT UENS: Except as set forth in Paragraph XI(a). certified, conflnned and ratifled speCIIII assessment liens Imposed by publIc
bodies as of Closing are to be paid by Seller. Pending liens 115 of Closmg shall be assumed by B¡¡yer. If the improvemenl has been substantially completed
as of Effective Date, any pending hen shall be considered certified, corlfìrmed or ratified and SeUer shall, at Closing, be charged an amount equal to the last
estImate or assessment lor Ihe Improvement by the public body.
N. INSPECTION AND REPAIR: Seller warrants that the ceiling, roof (including the fascia and soffits), exterior and interior walls. foundation, 8I1d dockage of
the Property do not have any visible evidence of leaka, water damage, or struc1ural damage and that Ihe septJc tank, pool, all appliances, mechanIcal ilams,
heating. cooling, electrical. plumbing Systems. and machinery are in Working Condition. The foregoing warranty shall be limited to the items speclfled
unless otherwise provided in an addend¡¡m. Buyer may inspect, or, at B¡¡yer's expense, have a firm or individual specializing In home inspections and
holding an otcupationalllœnse fer such purpose (If required), or by an appropriately licensed Florida contractor. make inspecllons of, those Items lNithin 2Q
days after the Effective Date Buyer shalf, prior to Buyer's OCCUpllllC)' but not more than 20 days after Effec~ve Dala. report in wnhng 10 Seller suCl1ltems
that do not meet the above &tandaros as to defects. Unless Buyer tImely reports such defects, Buyer shall be deemed to have waived Sellel's warranties as
to defects not reported If repaIrs or replacements are naq¡¡ired to comply lNith this Standard, Seller shall cause them to be made ana shall pay up 10 !he
amount provided In Paragraph XII (b). Seller IS not required to make repairs or replacements of a CosmetIc Condition unless caused by a defect Seller is
responsible to reøair or replace If the cost for such repair or replacement exceeds the amount provided in Paragraph XII (b), Buyer or Seller may elect to
pay such excess, failing which either party may cancel this Contract. If Seller Is unable 10 correcl the defects pnor to Closing, the cost thereof shall be pakf
Into escrow at Closing For purposes of this Contract· (1) 'Worklng Condition" means operating in the manner in which the item was deSIgned to operate; (2)
'Casmebc Condition' means aesthetIc ImperlectlOlls that do not affect the Working Condition of the Item, Inclu(ling, but not limited to: pitted marclte or other
peol finishes. missing or tom screens. fogged wmdaws; tears, worn spots, Of discoloration of floor coveMg,. wallpaper, or window treatments; nail holes,
scratches, dents, scrapes, chl )$ or caulking in ceilings, walls, "oorlng, fixtures. or mirrors, and minor cracks In floors, tiles, windows, driveways, sidewalks,
or pool decks, and (3) cracked roof tiles, curling or wom shingles, or limited roof life shall not be considered defects Seller must repair or replace, so long as
there is no evidence of actual leaks or leakage or structural damage, but missing tiles will be Seller's responsìbìlìty to replace or repair.
O. RISK OF LOSS: If the Property is damaged by fire or other casualty before Closing and cost of restoration does not excaed 1.5% of Ihe Purchase Price
of the Property so damaged, cost ot restoration shall be an obligation of Seller and Closing shall proceed pursuant to the terms of this Contract with
restoration costs escrowed at Closing. If the cost of restoration exceeds 1.5% or the Purct1ase Pnce ot the Property so damaged, Buyer shall either take the
Property as IS, together wI1h either the 1 5% or any insurance proceeds payable by virtue of such lass or damage, or receive a refund of deposlt(s), thereby
releasing Buyer and Seller from all further obligations under this Contract
P. CLOSING PROCEDURE: The deed shall be recorded upon clearance of funds If Ihe tItle agent Insures adverse matters pursuant to Section 627.7841.
f S , as amended. the escrow and dosll1g procedure requIred by this Standard shall be waived. Unless waived as sat forth above the following dosing
procedures shan apply. (1) all dOSIng proceeds shall be held 1M escrow by the Closing Agent fOf a pened of not more than 5 days after Closing; (2) if Seller's
title IS rendered unmarketable. through no fault of Buyer, Buyer shall, within the 5 day penod, notify Seller In writing of the defect and Seller shall have 30
days from date of receipt of such notIflcation to cure the defect; (3) If Seller tails 10 timely cure the defect. all dep08lts and closing funds shall, upon written
demand by Buyer and WIthin 5 days after demand, be retumed to Buyer and. slmullaneously WIth such repayment. Buyer shall return the Personal Property,
vacate the Real Property and reconvey the Property to Seller by special wBlTanty deed and bill of sale; and (4) if Buyer falls to make timely demand for
refund, Buyer shall take ~tle as Is, waiving all rights against Seller as to any intervening defect except as may be available to Buyer by virrue of warranties
contained in the deed or bill of sale.
Q. ESCROW: Any ClosIng Agent or escrow agent (collectively '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 this Contract. Faiiure of
funds to dear shall not excuse Buyer's perfolTnance, If In doubt as to Agent's dutIes or liabilities under the provisions of thIs Contract, Agent may, at Agenfs
option, continue to hold the SUbject maner of the escrow until the parties hel"9to agree to its disbursement or until a judgment of a court of compete"t
¡¡rlsdictlon shall determine the rights of the parties. or Agent may deposit same with the clerk of the CircUit court having JunsdlClton of the dIspute. An
attorney who represents B party and also ads as Agent may represent such party in s¡¡ch action. Upon notifying all parties concemed of such action, aU
liabll Ity on the part of Agent shall fully terminate, except to the ex1ent ot accounting for any Items previously delivered aul of escrow If a licensed real estate
broker, Agent WIll comply wttn provisions of Chapter 475, F S., as amended. Any sUIt between Buyer and Seller wherein Agent IS made a party because of
acting as Agent hereullder. or in any suit wherein Agent interpleads Ihe subject maner of the escrow, Agent shall recover reasonable attorney's fees and
costa incurred with Ulese amoun~ 10 be paid from anCl out of the escroWeG funds or equivalent and charged and awarded as court costs in tavot of the
prevailing party The Agent shall nol be lable to any party or person fer misdelIvery to Buyer or Sener of items subject to the escrow. unless such
misdelivery IS due to willful breBt;h of the provisions of Ihls COntract or gross negligence ot Agent.
R. ATTORNEY'S FEES; COSTS: In any Utlgatlon, including breach. enfercernent or Interpretation, anslng out of this Contract, the prevailing party in such
litigation. which, for p¡¡rposes of this Standard, shllll indude Sellllr, Buyer and any brokers acung In agency or non agency reiatiOnShlps autt10rtzed by
Chapter 475. F.S.. as amended. shall be enlltted to recover [rom the non-prevailing party reasonable attorney's fees. costs and expenses.
S. FAILURE OF PERFORMANCE: If Buyer fails to perform this Contract within [he hme specified, Including payment of all deposits, tne ceposlt(S) paid by
Buyer and deposlt(s) agreed to be paid, may be recovered and retained by and for the account of Seller as agreed upon liquidated damages, consideration
for the execution of thIS Contract and In full eettlement of any claims; whereupon, Buyer and Seller shall be relieved of 1111 obllgatiOllS under this Contract, or
Selier, at Seller's option, may proceed In equity to enforce Seller's nghts under this Contract. If for any reason other than tailure of Seller to make SeRer's
title markatable after dUigent effort, Seller faU.. negleda or refuses to perform !hill Contract, Buyer may seek IIpllt;lfKò performance or elect to receive the
return of Buyer's deposlt(s) without thereby waiving any action for damages resulting from Seller's breach.
T CONmACT NOT RECORDABLE; PERSONS BOUND; NOTICE; FACSIMILE. Neither this Contract nor any notice of It shall be recorded In any publIC
records. This Contract shall bind and Inure to the benefit of the parties and their successors In inlerest Whenever Ihe conlext pennits, singular shali ,"clude
plural and one gender shall Include all, NotICe and delivery gIven by or 10 the attorney or broker representing any party shall be as effective as if given by or
to that party All notices must be In wñtlng end may be made by mllll, personal delivery or electromc media. A legIble facsimile copy of tI1ls CQntract and 8r1Y
signatures hereon shall be considered for al purposec a& an original.
U. CONVEYANCE: Seller shali convey marketaÞle title 10 the Real Property by statutory warranty, trustee's. personal representa~ve's, or guardian's deed,
as appropriate 10 the status of Seller, subject only 10 matters contained In Paragraph VII and those otherwise accepted by Buyer Per30nal Property shall, al
the request of Buyer, be transferred by an absolute bill of sale with warranty of tille, subject only to such matters as may be olhelWÍse provided for herein
V. OTHER AGREEMENTS: No pnor or present agreements or represantations. shall be binding upon Buyer or Seller unless Included in this Contract No
modlflcation to or change In this Contract shall be vaid or bIndIng upon the parties unless in wollng and executed by the parties Imended to be bound by ~
W. SELLER DISCLOSURE: There are no facts known to Seller materially affectmg the value of Ihe Property which are not readily observable by Buyer or
which have not been dIsclosed to Buy8l'.
X. PROPERTY MAINTENANCE; PROPERTY ACCESS; REPAIR STANDARDS; ASSIGNMENT OF CONTRACTS AND WARRANTIES: Seller shall
maintain the Property, inctudlng, but not limIted to lawn, shrubbery, anll pool in the condrtlon exISting as of Effectt./e Date, ordinary wear and tear excepted.
Seller shall, upon reasonable notice, provide utilities service and acceslI to the Property for appraisal and InspectIons. InckJding a walk-through prior to
Closing, to confirm that all items of PlII$onlll Property are on the Real Property and, subject to the foregOing, that all reqUired repairs and repfacements
have been made, and that the Property ha. been maintained as required by this Standard. All repalfS and replacements shaH be completed in a good and
workmanlike manner, In accordance with all req¡¡irementl of law, and shall consist of malenals or items of quality, value. capaCIty and performance
comparable to, or better than, that eXisting as of the Effective Date Seller Will assign RI .SSlgnable rapR'r and 1reattnenl contracts and wamu1lJe. to B¡¡yer aI ClOSIng
Y. 1031 EXCHANGE: If eIther Seier or Buyer lNish to enter into a /lke-klnd exchange (either simultanea¡¡s with Closing or deferred) WIth respect to the
Property under Section 1031 of the Intemal Revenue Code ('Exchange'). the other party shall cooperate in aN reasonable respects to effectuala the
Exchange, Including the executIon of documents; provided (1) the cooperating party shall incur no liability or expense ralated 10 the Exchange and (2) the
Closing shall not be contingent upon. nor extended or delayed by, such Exchange.
FARlBAR-7s Rev. 7/04 C 2004 Florida Association of REAL TORS~ and The flOllda Bar All Rights ReseNed
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ADDENDUM TO CONTRACT FOR SALE AND PURCHASE
BUYERS:
SELLER:
CRC RECOVERY FOUNDATION, INC.
THE CITY OF DELRAY BEACH
LEGAL
DESCRIPTION: The Easterly 240.49 feet, less southerly 500 feet, of Lot 20, block 1,
DELRAY SHORES, according to the plat thereof, as recorded in Plat Book 24, pages
232-233 of the Public Records of Palm Beach County, Florida.
This addendum is made part of the Contract for Sale and Purchase concerning property
referenced above.
1. This Contract is contingent upon the Seller delivering to Buyer within 10 days
from the effective date copies of any prior surveys, etc. The seller has the right
to complete their own survey of the property and this contract shall be void if the
survey shows encroachments on the property.
2. The seller agrees to provide. at no charge to the Buyer, all the improvements to
the property, which are required by any agencies of the City of Delray beach for
parking (minimum 120 spaces), lighting and landscaping in order for the Buyer to
complete and operate the new facility that the Buyer intends to build on the
premises.
~ \
,/
BUYEØI:
SELLER:
SECOl!J) ~DINDU~
TO CONTRAcr fj)R ~ AND PURCHAsE
CRC RBCOVaR.Y FOUND" TION. INC.
THE CITY OF DELRA Y BEACH
LEGAL
DESCRIPrION: 'The Easterly 140.49 Feet, leu southerly 500 feet, or Lot 20. b10ck I,
DELRA Y SHORBS. according to lite plat thereo( II recorded in Plat Book 24, pages 232~233 of
the Public Records of Palm Beach COUftty, Florida.
Thil Second Addendum i. made part of the Contract for Sale and Purchase for the property
re!eIeru:ed above:
1. Pua¡raph 2 or the flm Ac!denclUftl to Conuw:t for Sale and P\m:b.uc (relating to
Buyer beinl nsponsible (ot certain improvements to the I'1roperty) is omitted.
2. The "Purchase PricelPayment" provisions (Uner 17-26) Ire c\1ansed to provide as
follows:
.. Buyer will provide a purchase money DOle and Dtortpge to the SeJler in
the amount ofS3~OOO (UDeI 23 .nd 54). Tbe =ms afrha note will be as
follows: . ten-)Ur tern~ no interest and.Buyer will pay Soller 130,00(1
per year. Standards B 81.1d Ie arthe oriainal contract will be applicable to
the purchase money morta...
b. The balance to close (lines 2S and 26) to be p¡ovided by (he Buyer win be
5600,000.
'Note: The purchase price win remain at 11.000.000. The deposit wilt remain at
$10,000 and the additional eIQ'OW deposit wiU remain at $90.000.
3. * ~JvoY·.--~-i:It....d_"""I~JRMI¥."~.""
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BUYER:
By;
~~DlC.~
wrenc:e C. Ealon, President
Z-~3-"s
Date
SP.U.J!R.:
~- I7J ðß
Date
*Notw~thstand~ng tel s~ng being scheduled fðr April 14, 2005, the Seller reserves
the right to extend the closing date by up to sixty (60) days in the event the
Seller has not been able to locate alternative storage space acceptable to the-
Seller, in its sole discretion.
By;
~
[IT' DF DELRAY BEA[H
CITY ATTORNEY'S OFFICE
::'()(! \;W ht :"VE1\L'E . DELRAY BEACH FLORIDA 33444
TLLEPHO"\E :'61 i243-7090 . F-\CSI\IILE :'61/278-4755
DELRAY BEACH
Writer's Direct Line: 561/243-7091
F L 0 Ie I D ...
ItI.f&I.'II
All-America City
, III I! DATE:
1993 TO:
2001
MEMORANDUM
February 24, 2005
City Commission
David Harden, City Manager
FROM:
Susan A. Ruby, City Attorney
SUBJECT:
Sale of Property - 1700 Lake Ida Road to CRC Recovery
Foundation. Inc.
The City owns property located at 1700 Lake Ida Road. Crossroads Recovery
Foundation (CRC) has agreed to purchase it for One Million Dollars
($1,000,000.00), payable as follows: One Hundred Thousand Dollars
($100,000.00) down payment, Six Hundred Thousand Dollars ($600,000.00) upon
closing and the remaining Three Hundred Thousand Dollars ($300,000.00)
payable in ten (10) equal yearly installments.
The closing date is set for April 15, 2005, unless extended by the City to facilitate
the securing of a substitute facility provided however, any extensions shall not
exceed sixty (60) days from the effective date of the contract.
Please place this contract on the March 15, 2005 City Commission agenda.
Cc: Chevelle Nubin, City Clerk
Bill Plum
\oß
RESOLUTION NO.8-OS
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRA Y
BEACH, FLORIDA, AUTHORIZING THE CITY SELL TO BUYER CERTAIN
REAL PROPERTY IN PALM BEACH COUNTY, FLORIDA, AS
DESCRIBED HEREIN, HEREBY INCORPORATING AND ACCEPTING
THE CONTRACT STATING THE TERMS AND CONDITIONS FOR THE
SALE AND PURCHASE BETWEEN THE BUYER AND THE CITY OF
DELRAY BEACH, FLORIDA.
WHEREAS, the City of Delray Beach, Florida, wishes to sell certain property located at 1700
Lake Ida Road; and
WHEREAS, the Buyer hereinafter named desires to buy the property hereinafter described from
the City of Delray Beach, Florida; and
WHEREAS, it is in the best interest of the City of Delray Beach, Florida, to sell said property.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
DELRA Y BEACH. FLORIDA, AS FOLLOWS:
Section 1. That the City Commission of the City of Delray Beach, Florida, as Seller, hereby
agrees to sell to CRC Recovery Foundation, Inc., as Buyers, for the purchase price of One Million
Dollars and 00/100 cents ($1,000,000.00), said property being more particular described as follows:
The Easterly 240.49 feet, less the Southerly 500 feet, of Lot 20, Block 1,
Delray Shores, according to the plat thereof, as recorded in Plat Book 24,
Pages 232-233 of the Public Records of 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 Buyer as hereinabove named are
incorporated herein as Exhibit "A".
PASSED AND ADOPTED in regular session on the
day of
,2005.
ATTEST:
MAYOR
City Clerk
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THIS FORM HAS BEEN APPROVED BY THE FLORIDA
ASSOCIATION OF REALTORS AND THE FLORIDA BAR
CONTRACT FOR SALE AND PURCHASE
1 PARTIES: Citv of Del,.., B..ch ("Seller").
2 and CRC Recovery Foundation. Inc. ("Buver"),
3 hereby agree that Seller shan sell and Buyer shan buy the following described Real Property and Personal Property
4 (collectively "Property" pursuant to the terms and conditions of this Contract for Sale and Purchase and any riders and
5 addenda (·Contracr):
8 I. DESCRIPTION: (a) Legal description of the Real Property located in Palm Beach County, Florida:
7 The Easterlv 240.40 Feet. I... .outherlv 500 feet. of Lot 20. Slock f, DELRAY SHORES. accord;na to the Dlat
8 thereof. as recorded in pt.t Soak 24. Pages 232-233 of tII. Public Records of Palm Beach County Florida
9
10
11
12
13
14
15
18
(b) Street address, city, zip, of the Property Is: f700 Lair. Ida Rd. Delrav Beach. FL 33445
(c) Personal Property includes existing range(s), refrigerator(s), dishwasher(s), ceiling fan(s), light fixture(s), and window
treatment(s} unless specifrcaßy excluded below.
Other items included are:
Items of Personal Property (and leased items, if any) excluded are:
17 II. PURCHASE PRICE (U.S. currency): . . . . . . . . . . . . . . . .. ..,...,....... ............. $ f.ooo.OOO.OO
18 PAYMENT:
19 (a) Deposit held in escrow by Robert FedersDlel. Esa. Trust account (Escrow Agent)
20 in the amount of (checks subject to clearance) " . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S 10.000.00
21 (b) Additional escrow deposit to be made to Escrow Agent within 30 days after Effective Date
22 (see Paragraph III) in the amount of . . . . . . . . . . . . .. ................... ,........ $ 90.000,00
23 (c) Financing (see Paragraph IV) in the amount of ..... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $
24 (d) Other: $
25 (e) Balance to close by cash, wire transfer or LOCALLY DRAWN cashier's or official bank
28 check(s), subject to adjustments or prorations . . . . . .. ............................. $ 900.000.00
27 III. TIME FOR ACCEPTANCE OF OFFER AND COUNTEROFFERS; EFFECTIVE DATE:
28 (a) If this offer is not executed by and delivered to aU parties OR FACT OF EXECUTION communicated in writing between
211 the parties on or before fO DAVS , the deposit(s) will, at Buyer's option, be returned and this
30 offer withdrawn.
31 UNLESS OTHERWISE STATED, THE TIME FOR ACCEPTANCE OF ANY COUNTEROFFERS SHALL BE 2 CAYS
32 FROM THE DATE THE COUNTEROFFER IS DEUVERED.
33 (b) The date of Contract ("Effective Date") will be the date when the last one of the Buyer and Seller has signed or Initialed
34 this offer or the final coL nteroffer. If such date is not otherwise set forth in this Contract, then the "Effective Date" shall be
35 the date determined above for acceptance of this offer or, if applicable, the finsl counteroffer.
36 IV. FINANCING:
37 Þi{ (a) ThiS Is a cash transaction with no contingencies for financing,
31 0 (b) This Contract is contingent on Buyer obtaining approval of II loan ("Loan Approval") within _ days (if blank, then
39 30 days) after Effective Date ("Loan Approval Date") for (CHECK ONLY ONE): 0 a fixed; 0 an adjustable;
40 or 0 a fixed or adjustable rate loan In the principal amount of $ . at an Initial Interest rate not to
41 exceed %, discount and origination fees not to exceed % of
42 principal amount, and for a term of years. Buyer will make application within days (If blank. then 5
43 days) after Effective Date. Buyer shall use reasonable diligence to: obtain Loan Approval and notify Seller in wnting of
44 Loan Approval by Loan Approval Date; satisfy terms and conditions of the Loan Approval; and close the loan. Loan
45 Approval which requires a condition related to the sale of other property shall not be deemed Loan Approval for purposes
46 of this subparagraph, Buyer shall pay aU loan expenses. If Buyer does not deliver written notice to Seller by Loan Approval
47 Date stating Buyer has either obtained Loan Approval or waived this financing contingency, then either party may cancel
48 this Contract by delivering written notice ("Cancellation Notice") to the other, not later than seven (7) days prior to Closing.
49 Seller's Cancellation Notice must state that Buyer has three (3) days to deliver to Seller written notice waiving this
50 financing contingency. If Buyer has used due diligence and has not obtained Loan Approval before cancellation as
51 provided above, Buyer shall be refunded the deposlt(s) Unless thiS financing contingency has been waived, this Contract
52 shall remain subject to the satisfaction, by Closing. of those conditions of loan Approval related to the Property;
53 0 (c) Assumption of existing mortgage (see rider for terms); or
54 0 (d) Purchase money note and mortgage to Seller (see Standards Band K and ñdera: addenda. or spØCIal cfauses for tellTl6).
55 V. TITLE EVIDENCE: At least fO days (if blank, then 5 days) before Closing a title Insurance commitment with legible
56 copies of instruments listed as exceptions attached thereto ("Titre Commitment") and, after Closing, an owner's policy of
57 title Insurance (see Standard A for terms) shall be obtained by:
5ð (CHECK ONLY ONE): Ji{ (1) Seller, at Seiter's expense and delivered to Buyer or Buyer's attorney; or
59 0 (2) Buyer at Buyer's expense.
60 (CHECK HERE): 0 (f an abstract of title IS to be furnished instead of title Insurance, and attach rider for terms.
6' VI. CLOSING DATE; This transaction shall be closed and the closing documents delivered
62 on Apri/f4 2005 C'Closing"), unless modified by other provisions of this
53 Contract. If Buyer IS unable to obtain Hazard. Wind, Flood, or Homeowners' insurance at a reasonable rate due to
64 extreme weather conditions, Buyer may delay Closing for up to 5 days after such coverage becomes available.
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65 VII. RESTRICTIONS: EASEMENTS; UMITATlONS: Seller shall convey marketable title subject to: comprehensive land use
66 plans. zoning, restrictions, prohibitions and other requirements imposed by governmental authority; resbictions and matters
li7 appearing on the plat or otherwise common to the subdivision; outstanding oil, gas and mineral rights of record wi1hout
68 right of entry; unplatted public utility easements of record (located contiguous to real property lines and not more than 10
69 feet in width as to the rear or front lines and 7 1/2 feet in width as to the side lines); taxes for year of Closing and
70 subsequent years; and assumea mortgages and purchase money mortgages, if any (if additional items, see addendum);
11 provided, that there exists at Closing no violation of the foregoing and none prevent use of the Property for
72 CRC Recovwv Foundation. Inc. end Cro..roedtl Club purpose(s).
73 VlII,OCCUPANCY: Seller shall deliver occupancy of Property to Buyer at time of Closing unless otherwise stated herein. If
74 Property is intended to be rented or occupied beyond Closing, the fact and terms thereof and the tenanl(s) or occupants
75 shall be disclosed pursuanl to Standard F. If occupancy is to be delivered before Closing, Buyer assumes all risks of loss to
115 Property from date of occupancy, Shall be responsible and liable for maintenance from that date. and shall be deemed to
77 have accepted Property in its existing condition as oftime of taking occupancy.
78 IX. TYPEWRITTEN OR HANDWRmEN PROVISIONS: Typewritten or handwritten provisions, riders and addenda shall
79 control all printed provisions of this Contract in conflict with them.
80 X. ASSIGNABilITY: (CHECK ONLY ONE): Buyer D may assign and thereby be released from any further liability under this
81 Contract; ~ may assign but not be released from liability under this Contract; or 0 may not assign this Contract.
6:Z XI. DISCLOSURES:
83 (8) 0 CHECK HERE if the Property is subject to 8 special assessment lien imposed by a public body payable In
64 installments which continue beyond Closing and, if so, specify who shall pay amounts due after Closing: D Seller
85 0 Buyer 0 Other (see addendum).
6e (b) Radon is a naturally occurring radioactive gas that when accumulated in a building In sufficient quantities may present
87 health risks to persons who are exposed to It over time. Levels of radon thai exceed federal and state guidelines have
88 been found in buildings in Florida. Additional information regarding radon or radon testing may be obtained from your
89 County Public Health unit.
90 (c) Mold is naturally occurñng and may cause health risks or damage to property. If Buyer is concerned or desires
91 additional information regarding mold, Buyer should contact an appropriate professional.
n (d) Buyer acknowledges receipt of Ihe Florida Energy-Efficiency Rating Information Brochure required by Section 553.996, F S.
93 (e) Ifthe real property includes pre-1978 residential housing then a lead-based paint rider is mandatory.
94 (f) If Seller is a "foreign person" as derned by !he Foreign Inveslmen! In Real Property Tax Act, the parties shall comply With that Act.
95 (g) BUYER SHOULD NOT EXECUTE THIS CONTRACT UNTIL BUYER HAS RECEIVED AND READ THE
96 HOMEOWNERS' ASSOCIATION DISCLOSURE,
97 (h) PROPERTY TAX DISCLOSURE SUMMARY: BUYER SHOULD NOT RELY ON THE SELLER'S CURRENT PROPERTY
96 TAXES AS THE AMOUNT OF PROPERTY TAXES THAT THE BUYER MAY BE OBUGATED TO PAY IN THE YEAR
99 SUBSEQUENT TO PURCHASE. A CHANGE OF OWNERSHIP OR PROPERTY IMPROVEMENTS TRIGGERS
100 REASSESSMENTS OF THE PROPERTY THAT COULD RESULT IN HIGHER PROPERTY TAXES. IF YOU HAVE ANY
101 QUESTIONS CONCERNING VAlUATION, CONTACT THE COUNTY PROPERTY APPRAISER'S OFFICE FOR INFORMATION.
102 XII. MAXIMUM REPAIR COSTS: Seller shall not be responsible for payments in excess of:
103 (a) $ for treatment and repair under Standard D (if blank, then 1.5% of the Purchase Price).
104 (b) $ for repair and replacement under Standard N not caused by Wood Destroying
105 Organisms Qf blank, then 1.5% of the Purchase Priçe}.
108 XIII. HOME WARRANTY: 0 Seller 0 Buyer a N/A Will pay for a home warranty plan issued by
107 at a cost not to exceed $ .
108 XIV. RIDERS; ADDENDA; SPECIAL CLAUSES: CHECK those riders which are applicable AND are attached to and made a
109 ..Qðrt of this Contract
110 U CONDOMINIUM 0 VA/FHA 0 HOMEOWNERS' ASSN. 0 LEAD-BASED PAINT
111 0 COASTAL CONSTRUCTION CONTROL LINE 0 INSULATION 0 "AS IS"
112 D Other Comprehensive Rider Provisions J:ij[ Addenda
11:3 SpecIal Clause(s):
11.
115
116
117 XV. STANDARDS FOR REAL ESTATE TRANSACTIONS ("Standards"): Buyer and Seller acknowledge receipt of a copy of
118 Standards A through Y on the reverse side or attached, which are incorporated as part of this Contract.
119 THIS IS INTENDED TO BE A LfGALL Y BINDING CONTRACT. IF NOT FUllY UNDERSTOOD. SEEK TfjE ADVICE OF AN ATTORNEY PRIOR TO SIGNING.
120 THIS FORM HAS BeEN APPROVED BY THE FLORIDA ASSOCIATION OF REALTORS8 AND THE FLORIDA BAR.
121 AppIDviJ/ dOes not ctWIi/u/8 ", ØP/fJØI nr.t",y d h /emls and condfion5 " ItIis Contracl5holJld lie eccepled by ttrft parties 1/11 ¡J4IticvJ., frlnsaclion Tenns end
æcondll~ionS /1e III¡aI8d the rupedMr i/!IeA!: ab}Øàives and /J~ pasIhons af~ interute<l ptHSIOIIS
, ~ ' J "'11f-~J
122 - ~ '
1Z3 (Buyer) CRC Recovery Foundation, Inc. (Date) (Seller) City of De/ray Beach (Date)
1U
125 (Buyer)
128 Buyers' address for purposes of notice
127
(Date)
(Seller)
Sellers' address for purposes of notice
(Date)
Phone Phone
126 BROKERS: The brokers (including cooperating brokers, if any) named below are the only brokers entitled to compensation in
129 connection with this Contract:
130 Name: NONE NONE
131 Cooperating Broken. If any listing Broker
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132 STANDARDS FOR REAL ESTATE TRANSACTIONS
133 A. TITlE INSURANCE: The Title Comm[tment ,haI be issued by . Florida licensed title insurer agreeing to Issue Buyar, upon recording Df the deed to
13. Buyer. an owner's policy of title insurance In the amount Df the purchase price, insuring Buyers marketable title to the Real Property, lubJect only to
135 matters contained in Paragraph VII and thon to be di&charged by Seller al 0( before Closing. Marketable title shaft be detennined acamling to applicable
136 TiU8 Standards adopted by authonty of The Florida Bar and in accordance with law Buyer shall have 5 days from date of receiving the Title Commitment
137 to examine It, and If bU. i. found def8dive. notify SeIter in writing spec:/¥ng defect(s) wI1/ch render title unmarketable. Seller shall have 30 days from
138 receipt of notJœ 10 remove the detects, failing which Buyer shaft, withm 5 days after expif1ltion of the 30 day period, deliver written notice to Seller either:
139 (1) extending the time for a reasonable period not to exceed 120 days Within which Seller shaD use diligent effort In remove the clefects, or (2) requesting a
140 refund of deposit(s) paid whICh shall be retumed to Buyer. Ir Buyer fails 10 so notify Seller. Buyer shaU be deemed to have accepted tile tille as It then IS.
141 Seller shall. if blle Is found unmarltetabl.. u.. clUgenl effort to correct defect(s) within the lime p~lcIed. II. el\er diligent effort, SeHer il unable to timely
142 correct the defects, Buyer shaR either waive the defeCts, or receive a refund of depOSlt(s). tltereby releasing Buyer and Seller from an furthar obtigations
143 under this Contract If Seller is to provide 1he T1tJe Commitment and it is delIVered 10 Buyer less than 5 days pl1Ol'lo Closing, Buyer mil)' extend Claling so
144 that Buyer shall have up 10 5 days from date of receipt to examine same In accordance with thiS Standard.
145 B. PURCHASE MONEY MORTGAGE: SECURITY A.GREEMENT TO SELLE~ A purchase money mortgage and mortgage note to Seller allaß provide
146 for a 30 clay grace period in the evenl d default if a first mor1gage and a 15 day gf1lce period III second or lesser mortgage; shalJ provide for nght of
147 prepayment In whole or In part WllhOut penalty: shall pe¡mil acceleration In event of transfer Df the Real Property; shall require all pnor lien. and
148 encumbrances to be kept In good standing; stlalllorbl<l mocIific:ations of. or future advances undef, prior mortgagees); shall requII'e Buyer to mainCal1
149 policies of Insurance contaIning a slandanl mortgagee clause covering an implOvements Iocaled on the Real Property against fire and all penis included
150 within the term "extended coverage endorsements" and such other nsks and penis aa Seller may reaaonably reqwre, In an amount equal to their highest
151 Insurable value; and the mortgage. note and securtty 8Q1881!\8nt shall be otherwise In Ionn and ccnlent reqUired by Seller. but Seller may only requll9
152 dauses and coverage customañly found in mortgag... mortgage notes and security agreements generally utilized by savings and loan Institutions or state
153 or nalional banks located 11 the county wherein lhe Real Property is located. All Personal Property and leases befOg conveyed or assigned will. at Seller's
154 option, be subject 10 the lien of a sea¡rity agreement evidenced by recorded or filed financing statements or certificates of title. If a balloon mortgage, the
155 final payment Will exceed the periodic paymen1s thereon.
156 C. SURVEY: Buyer, at Buye"s expense. IMthin Urne allowed to deliver evidence of title and to examine same, may have the Real Property 6U1Veyød and
157 certified by a registared Florida sUNeyOI'. If the survey disclose. encroachmeols on the Real Property or that impI'Ovemen1s located thereon encroach on
1511 setback lines. easemenlJ, lands of others or violate any reslnctions. Contract DlveI1ants or applicable govemmenlal regulations. the same shall conslltutø
159 a title defect.
180 D. WOOD DESTROYING ORGANISMS: 'Wood Destroying Organisms" (WOO) shall be deemed 10 Include all wood deslrcyl1g organisms reqUired to be
181 reported under !he Florida Structural Pest Control Ad, u amended. Buyer. at Buyer's expense. may have \he Property INlpectad by I Florida Certified
162 Pesl Control Operator rOperator") IMlhin 20 days after the Effective Date to delermine If lIIere is any vIsIble active WDO infestation or visible damage
163 from WOO infestaboo, excluding fences. If either or both are found, Buyer may within said 20 days (1) have cost of treatment of active infeslation
164 estimated by Ihe Opera1or, (2) have all damage Inspeeled and cost of repair estimated bV an appropriately licensed contractor; and (3) report such cosl(s)
165 to Seller in writing. Seller shal cause the treatment and repair of all WOO damage 10 be made and pay the costs thereof up to lhe amount provided in
166 Paf1lgraph X11{a). If estimated costs exceed thaI amount. Buyer shall have the option of canceling this Contract by gIVing written notice to Seier within 20
167 days after the Effednte Date, or Buyer may elect 10 proceed wtth the transaction and receive a crec/it at Closing equal 10 the amount provided in
168 Paf1lgraph XII(a) If Buyer'S lender requl/'8$ an updated WOO I8port. then Buyer shall. at Buyer's expense. have the opportunity to have the Property fe-
169 Inspected for WOO infestation anli have \he Dlsl of ac1Ive infestation or new damage estImaled and reported to Seller in writing at leasl10 days prfor to
170 Closing. and thereabr. Seiter shall cause sUCh treatment and repair to be made and pay the cost. lhereof; provided, Seller's total obligation for treatment
171 and repair costs required under both the fht end second inspection shall not exceed the amount provided In Paragraph XII (a),
172 E. INGRESS AND EGRESS: Seller warrants and represents thai there 15 ingress and egress 10 the Real Property suffldent for ilJ Intended use as
173 descñbed In Paragraph VII hereof and title Iø the Rest Property IS insurable In accordance with Standard A without exceptJon for lack of ;ega nght ~ access.
174 F. LEASES. Seller shalt, at least 10 days before ClOsIng, furnish to Buyer CQ )I8S of all wntten leases and estoppel letters from each tenant specifying the
175 nature and duration of the œnanfs occupancy, rentIIl rates, advanced rent and security deposits paid by tenanl If Seller is unable to obtain such letter
178 from each tenant, the same information sh811 be fumistled by $euer to 8uyer Wllllln lfIat lime periQd in the fotm of a Seller's aflidavl!. and Buyer may
177 thereafter contact tenanlln confirm such Infonnallon. f the terms of the leases differ materially from Selle,.s reple5entatioNl, Buyer may terminate this
178 Conlract by delivering written notice to Seller at lealt 5 days prior to ClOsing. se¡ler snail, al CIQSlng, deJiver and assIgn all onglAalleases tQ Buyer.
179 G. WENS: Seller shaG fumiSh 10 Buyer at tune of Closing an affidavit attesting to the absence, unless othe!WI&e provided for herein. of any tinanclng
110 &tatemClnt. claima of lien 01 potentielllenora known to Seller and further alte500g that there have been no Improvements or Jepairs 10 the Real property for
181 90 days Immediately preceding dale of Closing. If lhe Real Property has been Improved or repaired Wl1hin that time, Seller shall derIVer releases Dr waivers
182 of con.trucbon iteM _uted by an genere' oonttadø~. subconlraclo~. auppliera and materialmen 11\ addlllon In Seller's Den aftldavlt setting forth Ihe
183 names of all such general contractors. subContractors, supprM!rs and matenalmen. further aflinning that a(1 Ch3lges for improvements or repairs which
184 could serve as a basis for a con~tluctJon r_ or 8 claim for damages have been paid or will be paid althe Cloaing of this Contract.
185 H. PLACE OF CLOSING: Closing shatl be held In the county wherein !he Real Property is located at the office of tl\e at(omey or other closing agent
1116 C'Closlng Agenr) deSlgnaled by the party paying for title insurance, or, If no tille insurance, deSIgnated by Seller.
187 I. TIME: In comptJUng time peñods of less lhan six (8) days. Saturdays, Sundays and state or natJonallegal holidays stlaU be exduded Any time periods
188 provided for herein which shall end on a SaWrday. Sunday, or a legal noliday shell extend to 5.00 p.m. of the nex( business day. -nm. Ia of the esscnç.
189 in thle Contract.
190 J. CLOSING DOCUMENTS: Seller shall AJmllh the deed, bill of sale, certificate of title. construction hen affidavit. owne~s possession anfdavlt,
191 assignments of leas8$. tenant and mortgagee estcppeIlalters and corrective II'Istrumen~ Buyer shall furnish mortgage, mortgage note, security
'92 agreement and finandng slatemenls.
193 K. EXPENSES: Documentary stamps on the d.ed and recording of corrective Instruments shaH be paid by Seller. All co&ts of Buyer's loan (wI1etller
194 obtained from Seller or third PIIrty), Including, but not Rmited to. documentary stamps and intangibl& tax on \he purchaae money mortgage and any
195 mortgage assumed, mortgagee title Insurance commitment with related fees, and recording of purchase money mortgage 10 Seller. deed and financing
198 stlltementa shall be paid by Buyer Unlesa otheJWlSe provided by law or rider 10 thIS Contract, chargea for the following related IItIe servICeS. namely litIe
197 evidence, bile examination. and 00111111 fee flllCluding pl8paration of dosing statement). shall be paid by the party responsible for furnIShing the title
19& evidence in accordance with Paragl1lph V.
199 l. PRORATIONS; CRfDITS: Taxes, auesaments, rent, interest, insurance and other expenses of the Property shal be prorated through the day before
200 Closing Buyer shalt have the option 01 taking over existing pobdes of insurance. if assumable. 'n wtuc/¡ event premiums shaM be pror;¡ted. Ca&h at
201 Closing shall be increased Of'decreøed as may be required by prorations to be made throuøh day pnor 10 Closing. or OCCUpëmcy. If occupancy occurs
202 before Closing Advance rent and security deøosilJ wiI be aedlted to Buyer. Eacrow deposita held by mortgagee will be credited 10 Seller. Taxes shaH be
203 prorated based on the CUfT'el'1t years tax with due allowance made for muimum allowable discount. homestead anc! other exempl10ns if CIO$ing occurs at
204 a date when the current year's mlllag8 is not fixed and current years asseumenl is available. taxes win be prorated based upon such assessment and
205 prior year's millage. If CUmlnt year's assessment is not IYallable, then taxes WIll be prorated on pnor year's laX. If there are completecllmprovements on
206 the Real Property by Janllary 1 II of year of Closing. whICh improvements were not In existence on January 1st of pñor year. then taxes shall be prorated
207 based upon prior year's millage and at an &qIlIlaÞle aasessment 10 be agreed upon between the parties. faIling wNch, request shaU be made to the County
208 Property Appf1ll$er for an Informal assessment takll1g 1010 account available exemptlocs. A tax proration based on an estimate shall. at request of e¡lher
209 party. be readJusled upon receipt of current year's tax biD.
FARIBAR-7S RlI\IÎsect 7/04 Cl2001 FlDlida Assoaaticn fA REALTORSe."d The Flonda Bar AI Rlghls Reserved.
Soltware and added fonnatting ~ 2004 Alta Sw Softwanl, Inc. (305) 279-8898
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2ee
STANDARDS FOR REAL ESTATE TRANSACTIONS (CONTINUED)
M. SPECIAL ASSESSMENT UENS: Except II set for1h in Paragraph XI(a). certified, confirmed and ratified special a:sseument liens Imposed by public
bodies as of Closing ilre to be paid by Seller. Pending liens III of Closing shall be assumed by Buyer. If the improvement has been substantially completscl
as of Effective Date, any pending hen shaJl be considered certified, confirmed or ratified and Seller shall, at Closing, be charged an amount equal to the last
estimate or asseasmenllor the ,mprovement by the public body.
N. INSPECTION AND REPAIR: Seller warrants that the ceiling. roof [mcluding the fascia and soffits), exterior anò interior walls. foundation, and dockage of
the Property do not have any visible evidence of leaks. water damage, 01' structural damage and that the septic tank. pool, at! appliances, mechanlcalltsms.
heating. cooling, electrical. plumbing systems. and machinery are in Working Condition. The foregoing warranty shall be limited to the items specttied
unless otherwise provided in an addendum. Buyer may inspect, or, at Buyer's ! xpense, have a IIrm or individual specializing In hOm& inspections and
holding an ocwpa1ionalllœnse for suCh purpose [If required). or by an appropriately licensed ROOda contractor. make ¡nspedlons of, those Items within 20
days after the Eff8ctlve Dale. Buyer shall, prior to Buye'" occupancy but not more than 20 dlly$ after Effective Dats, A:pOrt In writing to Seller suct1ltems
that do not meel the above &tandardS as to defects. Unie&s Buyer IImely reports such defects. Buyer shall be deemed to have waived Seiler's warranties as
to derects nol reported If repairs or rep!acllments are ,*!uired to comply with this Standard, Seller ahalt cause them to be made and shall pay up to the
amount provided In Paragraph XII (b). Seller i$ not required to make repaIrs or replacements of a Cosmetic Condition unless caused by a defect Seller ÌI
responsible to reøalr or replace. Ir the cost for such repair or repl~ent exceeds the amount provû:led in Paragraph XII (bl. Buyer or Seller me)' elect to
pay such excess, failing which either party may cancel this Canllaet. If Seller Is unable to correct the defects pnor to Closing, the cost thæof &haJl be paid
into escrow at Closing. For pUfJlOses of thIs Contract· (1) 'Wortdng Condition" means operating in the manner in which the item was d! $ gned to operete; (2)
"Cosmetic Condltiorl" means aesthetic ImperfectionS that do not affect the WorIóng Condition of \he Item, InclucMg, but not limited to: pitted marclte or other
pool finl&hes; missing or torn screens. fogged windows; tears, worn spots, or discoloration of floor co\lenngs, wallpaper, or window Ir1Iatments; nail holea.
scratches. dents, scrapes, chipa or caulking In ceilings, walls, ftooring, fixtures, or mirrors, and mirlor cracks in floors, tiles, windows. drfveways, sidewaJks,
or pool decks; and (3) cracked roof bles. curtíng or worn shingles, or bmlted roof life shall not be considenKI defBcts Seller must repair or replace, so long as
there Is no evidence of aduallealc.s or leakage or stn.lclural damage, but missing tIes \llÏ1I be SeUee's responsibillly to replace or repair.
O. RISK OF LOSS: If the Property IS damaged by fire or other casualty before Closmg and cost of restorabon does not exceed 1.5% of the Purchase pnce
of the Properly so damaged, cost of restoration shall be an obligatiOn of Seller and Closing shall proceed pursuant to the terms of this Contract with
restoration costs escrowed at Closing. If the CDSt of l'e$toratlon exceeds 1,5% of the Purchase Pnce of the Property so damaged, Buyer shall either take tIte
Property as IS, tOQether with either the 1 5% or any insurance proceeds payable by virtue of suc.~ loss or damage. or receIVe a refund of deposlt(s). thereby
releasing Buyer and Seller from all further obligations under this Contract
p, CLOSING PROCEDURE: The deed shall be recorded upan clearance of funds If the IItIe agent insures adverse mailers pursuant to Section 627.7841,
F S., as amended. tha eSCIWI and dosing procedure teqUlred by this Slandarcl shaìl be waived. Unless waived as set forth above the fuIIowing dosing
procedures shaH apply: (1) aN dosing proceeds shalt be held in escrow by the Closing Agent for a penod of not mont than 5 days after Closing; (2) if SelJør's
title is rendered unmarketable. through no fault of Buyer. Buyer shall, within Ihe 5 day penod. nollfy Seller in writing of the defect and Seller shall have 30
days tram date of receipt of such notification to cure the defect; (3) If Seller falls to timely cure the delecl all deposits and closing funds shall. upon written
demand by Buyer and WIthIn 5 days after demand, be returned to Buyer and. simllltarl80Usty wrth sucl1 repayment. Buyer shall retum the PeJ$OOal Property,
vacate the Real Property and reconvey the Property to Seller by special warranty deed and bill of sale; and (4) if Buyer fads to make timely demand for
refund, Buyer shalt take bile as is, waiving al rights against Seller as to any intervening defect except as may be available to Buyer by virtue of warranties
contamed in the deed or ÞiI of sale.
Q. ESCROW: Ally ClosIng Agent or escrow agent (COllectively "Agent") receiving funds or eqUivalent IS alrthorizsd 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 this Contract. Failure of
funds to clear shall not exaJse Buyer's performance. If In doubt as to Agenfs duties or ~abillties under the previsions oHhls Contract. Agent may. at Agenfs
option, continue to hold the subject matter of the ascrow untd the parties herato agree 10 Its disbursement Of unlR a judgment of a court of competent
jurisdiction shall determme 1I1e rights of the parties, or Agent may deposit same wilh the clerk of the CIICUlt court having JunsdlCtion of the dispute. An
attomey who representS a party and also ads as Agent may repn!S8nt such party in such action. Upon notifying all parties concemed of such action, aU
liability on the part of Agent shalllulty terminate. except 10 the extent of accoun jng for any ilems previously delivered oul of escrow If a hcensed real estate
broker, Agerlt will t:Omply WIth provisions Of Ctlapter 475, F.S , as amended. Any SUit between Buyer and Seller wherein Agent IS made a party because of
acting as Agent hereunder. or in any suit wherein Agent Interpleads the subject matler of the escrow, Agent shal recover reasonable attorney's fees and
costa incurred With ÚIe50 ,mounta to be pala from anel out of trle esaowecl funds or equivalent and charged and awaltled as court coals in favor of the
prevailing party. The Agent shall not be liable to any party 01' person for misdelIvery 10 Buyer or Seller of items SUbject to the escrow. unless such
miadelivery '8 dUIII to willful breac;h of the provisions of this Contract or gross negligence of Agent.
R. ATTORNEY'S FEES; COSTS: In any Utigation, 'ncluding breach. enforcement 01' interpretation, an sing oul of this Contract, the prevailing party in such
litigation, which. for purposes of tills Standard, shalt include Seller, Buyer and any brokers aCMg In agency or nonagency relatJOns/'llps authoriZed by
Chapter 475. F.S.. as amended, shall be entllled to recover from the non-prevailing party reasonable aUorney's fees, cosls and expen&es.
S. FAILURE OF PERFORMANCE: If Buyer fails to perform this Contrad within the lime specj~ed, Including payment of all deposits, the aeposlt(s) paid by
Buyer and deposlt(s) agreed to be paid, may be recovered and retained by and for Ihe account of Seller as agreed upon liquidated damages, consideration
for the execution of thiS Contract and In full settlement of any claims; whereupon, Buyer snd Seller shall be relieved of all obllgatJOI1S under Ihis Contract; or
Seller, al Seller's optlcn. may proceed If! equity U) enforce Seller's ngl\t5 under this Contract. tf for any reason other than failure of Seller to make Seßer's
hUe m:irkelabJe after dDigent effort. Sener fai.. neglecla or refuses to perform this Contrac;t, Buy&r may seek apec;lrlC performance or elect to receive the
retum of Buyer's deposlt(s) without thereby waivtng any action for damages resulting from Seller's breach.
T. CONTAACT NOT RECORDABLE; PERSONS BOUND; NOTICE; FACSIMILE: Neither this Contrac;t nor any no!ic;e of It shall be recorded in any public
records. This Contract shall bind and mure to the benefit of the parties and their Sl!ccessors In Interest Whenever lI\e context permits, singular shaU include
plural and one gender shall include an, NotICe and delivery given by or to the attomey or broker representing any party shall be as effec;!ive as if given by or
to that party. All notJces mU$t be in writing and may be made by mail, personal delive/)' or electromc media. A legible facsimile copy of this Contl1lct and any
signatures hereon shall be considered for al purpoe86 as an original
U. CONVEYANCE: Seller shall convey marketable bile to the Real Property by statutory warranty. trustee's, personal representative's, or guardian's deed.
as appropriate to the status of Seller. subject only to matters contained In Paragraph VII and those otherwSlll acœpted by Buyer. Per30nal Property shall, at
the request of Buyer, be transferred by an absolula bin of sale with wamlnly of title, subject only to such mailers as may be otherNise provided for herein
V. OTHER AGREEMENTS: No pnor or p~nt agreements or representations sh:ill b4I bindIng upon Buyer 0' Seller 1.Ø119$S included In this Contract No
modl~cation to or change 111 tf1IS Contract ahaU be valid or binding upon the parties unless in writing and executed by the parties intended to be bouncl by ~
W. SELLER DISCLOSURE: There are ,",a facts known to Seller materially atreCbng the value of \he Property whlcll are not readily observable by Buyer 01'
which have nol been diSClosed to Buyer
It PROPERTY MAINTENANCE; PROPERiY ACCESS; REPAtR STANDARDS; ASSIGNMENT OF CONTRACTS AND WARRANTIES: Seller shall
ma,nlaln the Proper1y, inctuding, but not Ifmlled to !awn, shrubbery, and pool ,n the condition exiSting as of Effective Date, ordinary wear and tear excepted
Seller shall. upon reasonable notice, provide u!lllties service and access to the Property for appraisal and Inspections. including a walk-through prior to
Closing, to confirm \hat all 4ems of Personal Property are on \he Real Property and, subject to Ihe foregoing, that all rec¡ull'ed repairs and replacements
have been made. and that the Property hal been malntaltted as required by \his Standarcl All repairs and rep!aœments shal be completed in a good and
workmanlike manner, in accordance ~h III requirements of law, and shall conSiSt of materials or Items of Quality, value. capacity and performance
comparable to, or better lIIan, that existing as of the Effective Date Selier WlI' asmgn alasSlgnable rep.r and Ireatment cootrads and warrwrtle. 10 Buyer at Cfosng
Y. 1031 EXCHANGE: If elll1er Seller or Buyer wish to enter mto a hke-klnd excliange (either simultaneous voith Closing or deferred) WIth respect to the
Property under Sec\Jon 1031 of the Internal Revenue Code CExchange'). tÞ¡e other party shall cooperate in aU reasonable respects to effectuate the
Excttange, Including the execution of documents; provided (1) the cooperatmg party srall U1cur no liability or expense related to the Exchango and (2) the
Closing shall nol be contingent upon. nor extended or delayed by, such Exchange.
FAR/BAR-7s Rev. 7104 C 2004 Florida Association of REAl TORS4 ) and The Flooda Bar All Rights Reserved
Software and added fonnattlng C) 2004 AIta Star SoftWare, Inc. (305) 279-8898
ALTA
STtR
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ADDENDUM TO CONTRACT FOR SALE AND PURCHASE
BUYERS:
SELLER:
CRC RECOVERY FOUNDATION, INC.
THE CITY OF DELRA Y BEACH
LEGAL
DESCRIPTION: The Easterly 240.49 feet, less southerly 500 feet, of Lot 20, block 1,
DElRAY SHORES, according to the plat thereof, as recorded in Plat Book 24, pages
232-233 of the Public Records of Palm Beach County, Florida.
This addendum is made part of the Contract for Sale and Purchase concerning property
referenced above.
1. This Contract is contingent upon the SeUer delivering to Buyer within 10 days
from the effective date copies of any prior surveys, etc. The seller has the right
to complete their own survey of the property and this contract shall be void if the
survey shows encroachments on the property,
2. The seller agrees to provide, at no charge to the Buyer. all the improvements to
the property, which are required by any agencies of the City of Oelray beach for
parking (minimum 120 spaces), lighting and landscaping in order for the Buyer to
complete and operate the new facility that the Buyer intends to build on the
premises.
.;
,/
BUYERS:
SELLER:
SECONj) ~DENDU1't1
TOCO~CTI9RS~ANDPUR~E
eRC RECOVERY FOUNDATION. INC.
TIiE CITY OF DELRA Y BEACH
LEGAL
DESCRIPTION; The Easterly 240.49 feet, less southerly 500 feet, of Lot 20. block I,
DELRA Y SHORES, according to the plat thereo~ as recorded in Plat Book 24, pages 232-233 of
the Public Recoois of Palm Beach County, Aorida.
This Second Addendum i. made part of the Contract for Sate and Purchase for the property
referenced above:
1. Parasraph 2 of me fim Addendum (0 Contract for Sale and PUtCb.atc (relating to
Buyer beina respoI\.¡ble tor certain improvements to the property) is omitted.
2. The "Pu1"Chase PricelPayment'· provisions (tine¡ 17-26) are ctWlged to provide IS
follows:
a. Buyer will provide a purchase money DOle 81W n\ortgage to the SeHer in
the IJnowd. 0($300,000 (lines 23 and 54). The terms orrha note wilT be as
follows: a ten-year tern.. no interest and.Buyer will pay SoUer $30,00(1
per year. Standards Band K of the ori&inal contract will be appliclb1e to
the purchue money mortgage.
b. TI1e balaJ\œ to close (lines 2S and 26) to be provided by the Buyer will be
$600,000.
'Note: The putchaso price win remain at 51.000,000. The deposit wil1 remain at
$10,000 and the additional c:scrow deposit will remain at $90.000.
3. * ~~..ae.-~~.,a~!,~AØ.~"""~1I~
.....p:arl~IJba..".lDut1I1'~.....'IJ'.a.~
~-..
BUYER:
By:
~?trnD~nlC. _~
wrence C. Eaton, President
z-'¡'3-IJS
Data
SF.LLêR:
CITY OF DELRA Y BEACH
By:
Date
*Notwithstanding the closing being scheduled fdr April 14~ 2005~ the Seller reserves
the right to extend the closing date by up to sixty (60) days in the event the
Seller has not been able to locate alternative storage space acceptable to the
Seller, in its sole discretion.
~/¿;
9fS-
~C' CAÆo!~-~
26 T......_-·-··2005·-----·--....
IIII11CI! Of 1fŒIII'1O IEU.IIIAI.
PIIGPEIITY
~ IS HCV GMN, 1haIthe
ninod~lhe~has_-
11' real proper-
~East.~:V4049 feet, less the
Dekay St1o<es, ~ lDI20. BIocIr 1
_, as 1BCOIdod~'" the pIai
~ 232-233 of M'" Pubt<: Bod« 24.
Beach County. Ronda. Records
saIII__
ræ¡8each, PaIm~cø:~
The sale of Ihe .
purposes pursu~ IS fur pg,IIc
_the CItv 10 a conlJact
or) and 1he CRt = Beach (Sell-
¡ r,c ooJ~} on the :",,",
enÌtion' and ~Ius ad!fdional cons:J.
ConIrad for Sale ä: set IOfth '" the
1her inlonnatJon may bePun:h(lSe Fur-
1he City CIerl(s o1Iiœ. obtained !rom
=- oIlhe CIty 01 ~~ Com-
shall I1ok! a _.h;:':"·' Beach,
!he )I1) )OSed sale r- heanng 00
CommIssIon -.g ~ regular CIty
=~m on!heClty~:
~ue.Ci!y,ig:HaU,I00NW 1st
ræ¡ Beach. Ronda
CITY OF OElRAY BEACH, FLORIOA
.ChewlIe 0 Nubin
"CiIyCletlc
:;::'LISIt MarcI11 & 8. 2005
_ÞiJ #1~ Beach News
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20 Tuesday, Man:h 1JWednesdaY, MaICh 2, 2005 - Boca Ratoo/DeIIëIY Beach News · www.bacaIIeWS.com
IIV....... .fUlT TO
I'IICII'ÐIn'OOUIIUI.
~~DeI~H=Y=, that the
:;""'" ID sou the Io/Íowing Åoai"":r::
~~ 24049 leet, less Ih
1¡eIray~~I.oI20.BIocI<1·
1heæõt. as recOroe.t ':%t ID the p/aÍ
Pages 232-233 01 the Public Book 24,
___ RecordS
of Palm Beach Coonty. __
Said _ sItuaIB wilhm the~ of DeI-
r.ry Beach. Palm Beach Coonty. _
The sale of the JfO )Of\y is for publIC
purposes pursuant \0 a contract
~ the CI\Y of Delr.ry Beach (Seil-
er) and the CRC RecowIy_
$lIne (Buyer) In the amount 0;
,OOò,OOO 00. plus addillonal COIISId-
0I1Ib0n and 1I!rrJrt. as set forlh In the
ConIracI for Sale and Pumllase. fur-
ther II1formaIIa1 may be _ from
the CIIy CIerk's office The CIty Com-
_ of the CIty of Del...,. Beach
Florida shall hold a publIC healing 01;
the proposed sale at thetr regular City
CorrmissIOO meeting of MaJCII 15
2005 at 71XJ p m.1n the CI\y Comm..:
sinn Chambers, CI\Y Hall. 1 ÓO N.W 1st
A\IOI1t1e, CI\Y 01 OeIfay Beach, __
CITY OF DElRAY BEACH, A.ORIOA
CheveIIe D Nub,"
City Clerk
PUBUSH March 1 & 8 2005
~1~~lray Beaéh News