Res 61-12RESOLUTION NO. 61 -12
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AUTHORIZING THE CITY TO SELL
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 property located at 1040 Homewood
Blvd. #L201; and
WHEREAS, the Buyer hereinafter named desires to buy the property Hereinafter described from the
City of Delray Beach, Florida; and
WHEREAS, it is in the best interest of the City of Delray Beach, Florida, to sell said property to be
used For single family homeownership.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the City Commission of the City of Delray Beach, Florida, as Seller, hereby agrees to
sell to Vena Poussin & jean Francois Alies, as Buyer, for the purchase price of the lesser of One Hundred Six
Thousand- Nine Hundred Fifty Dollars and 001100 cents ($106,950) or appraised value, said property being described as
follows:
TOWN OF DELRAY S 50 FT OF N 150 FT OF W 135 FT OF S 1/2 OF BLK 22
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 ". All
PASSED AND ADOPTED in regular session on the 17 `d of 2012.
A'1' "I`ES
MAYOROJ
City Clerk
SECOND ADDENDUM TO CONTRACT FOR SALE AND PURCHASE
ena - --
Seller: The City of Delray Beach
Property: TOWN OF DELRAY S 50 FT OF N 150 FT OF W 135 FT OF S 112 OF
BLK 22
The Parties further agree as follows:
1. Disclosures:
A. 'Mold: Mold is naturally occurring and may cause health risks or damage to Property. If
Buyer us concerned or desires additional information regarding mold, Buyer should
contact an appropriate professional,
B. Lead Warning Statement: Every purchaser of any interest in residential real property on
which a residential dwelling was built prior to 1978 is notified that such property may
present exposure to lead from lead -based paint that may place young children at risk of
developing lead poisoning. Lead poisoning in young children may produce permanent
neurological damage, including learning disabilities, reduced intelligence quotient,
behavioral problems, and impaired memory. Lead poisoning also poses a particular risk
to pregnant women. The Seller of any interest in residential real property is required to
provide the Buyer with any information on lead -based paint hazards from risk
assessments or inspections in the Seller's possession and notify the Buyer of any known
lead -based paint hazards. A risk assessment or inspection f or possible lead based
hazards is recommended prior to purchase.
Seller's Disclosure (Initial)
(a) Presence of lead -based paint and/or lead -based paint hazards (check
one below):
Known lead -based paint and /or lead -based paint hazards are present in
the housing unit (explain)
X Seller has no knowledge of lead -based paint andlor lead -based paint
hazards in the housing unit.
(b) Records and reports available to the Seller (check below):
Seller has provided the purchaser with all available records and reports
pertaining to lead -based paint and/or lead -based paint hazards in the
housing unit (list documents)
X Seller has no reports or records pertaining to lead -based paint and /or
lead -based paint hazards in the housing unit.
Purchaser's Acknowledgment (Initial)
(c) Purchaser has received copies of all information above.
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X (d) Purchaser has received the pamphlet Protect Your Family from Lead in
your Nome
Received a 10-day opportunity (or mutually agreed upon period) to
conduct a risk assessment or inspection for the presence of lead -based
paint and/or lead -based paint hazards; or
Waived the opportunity to conduct risk assessment or inspection for the
presence of lead -based paint hazards.
Agent's Acknowledgment (Initial)
(f) Agent has informed Seller of the Seller's obligations under 42 U.S.C.4852
(d) and is unaware of his /her responsibility to ensure compliance.
Certification of Accuracy
The following parties have reviewed the information above and certify, to the best of their
knowledge, that the information they have provided is true and correct.
PROPERTY TAX DISCLOSURE SUMMARY; BUYER SHOULD NOT RELY ON THE
SELLER'S CURRENT PROPERTY TAXES S THE AMOUNT OF PROPERTY TAKES
THAT THE BUYER MAY BE OBLIGATED TO PAY IN THE YEAR SUBSEQUENT TO
PURCHASE. A CHANGE OF OWNERSHIP OR PROPERTY IMPROVEMENTS
TRIGGERS THE ASSESSMENT OF THE PROPERTY THAT COULD RESULT IN
HIGHER PROPERTY TAXES. IF YOU HAVE NAY QUESTIONS CONCERNING
VALUATION, CONTACT THE COUNTY PROPERTY APPRAISER'S OFFICE FOR
INFORMATION.
2. With respect to Standard (A), if title is found defective, Seller may, but shall have no
obligation, to render title marketable. In the event Seiler does not render title marketable
within thirty (30) days after the date of Buyer's notice to Seller advising the Seller of the
defects in title, Buyer shall have the option of either cancelling this Contract and
receiving a refund of the deposits paid, or to accept title as is and close_
3. Seller has agreed to convey the Property to Buyer under the assumption that there are
no liens, encumbrances, mortgages, assessments or other evidences of debt
(hereinafter collectively referred to as "liens and encumbrances ") which must be paid by
Seller at closing. In the event Buyer determines that there are liens and encumbrances,
Seller shall have the option of paying off the liens and encumbrances at closing, failing
which, Buyer may pay the liens or encumbrances, Buyer may cancel this Contract and
receive a refund of its deposit, or Buyer may accept title as is subject to the liens and
encumbrances and close.
4. With respect to Standard (L), if the Property is damaged by fire or other casualty before
closing, Seller may elect to restore the Property, failing which, Buyer shall accept the
physical condition of the Property as is or Buyer may cancel this Contract and receive a
refund of its deposit.
5. Standard (N) is hereby deleted and the following is stated in its place: "If Buyer fails to
perform the Contract within the time specified, Seller may cancel this Contract and be
relieved of all obligations under the Contract or Seller may seep specific performance. If
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Seller fails to perform this Contract within the time specified, Buyer may elect to cancel
this Contract and receive a return of Buyer's deposit, or Buyer may seek specific
6. With respect to Paragraph M of the Contract, the transaction shall be closed and the
deed and other closing documents delivered on or before thirty (30) days after Buyer has
determined the Property condition is satisfactory to Buyer pursuant to Paragraph (XI) (B)
of the Contract.
7. Buyer accepts Property AS IS in its present physical condition, subject to any violations
of governmental, building, environmental and safety codes, restrictions or requirements
and shall be responsible for any and all repairs and improvements required. Seller
makes no representation or warranty relating to the physical condition of or title to the
Property.
8. Standard (R) of the Contract is hereby deleted_
9. The terms and conditions of this Second Addendum control over any conflicting terms
and conditions contained in the Contract or any the other Addendum to the Contract.
Name of Purchaser
BY:
Date:
City of Delray Beach, Seller
BY:
Date:
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