Res 33-13RESOLUTION NO. 33 -13
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 710 SW 5th Avenue;
and
WHEREAS, the Buyer hereinafter named desires to bury 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 CoiTm-ission of the City of Delray Beach, Florida, as Seller, hereby agrees to
sell to Kimberly L. Spells, as Buyer, for the purchase price of the lesser of One Hundred Twelve Thousand -
Nine Hundred Sixty Dollars and 001100 cents ($112,960.00) or appraised value, said property being
described as follows:
LOT 22, BLOCK 4, ROSEMONT PARK, AS PER PLAT THEREOF, ON FILE IN THE
OFFICE OF THE CLERK OF THE CIRCUIT COURT IN AND FOR PALM BEACH
COUNTY, FLORIDA, IN PLAT BOOK 13, PAGE 60.
Section 2. That the tenxns 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".
"i
PASSED AND ADOPTED in regular session on the,
ATTEST-
City Clerk
Exhibit A
CONTRACT FOR SALE AND PURCHASE
PARTIES: CITY OF DELRAY BEACH, a Florida municipal corporation, ( "Seller "), of
100 N.W. 15i Avenue, Delray Beach, Florida 33444 and Kimberly L. Spells ( "Buyer "), of
713 SW 2 d Street, Delray Beach, FL 33444, hereby agree that the Seller shall sell and
Buyer shall buy the following described Real Property and Personal Property
(collectively "Property ") upon the following terms and conditions, which INCLUDE the
Standards for Real Estate Transactions ( "Standard(s) "), attached hereto and riders and
any addenda to this Contract for Sale and Purchase ("Contract")-
I. DESCRIPTION:
(a) LOT 22, BLOCK 4, ROSEMONT PARK, AS PER PLAT THEREOF,
ON FILE IN THE OFFICE OF THE CLERK OF THE CIRCUIT
COURT IN AND FOR PALM BEACH COUNTY, FLORIDA, IN
PLAT BOOK 13, PAGE 60.
PCN: 12- 43- 46- 20 -14- 004 -0220
(b) Address: 710 SW 5th Avenue, Delray Beach, FL 33444
IL PURCHASE PRICE .. ............................... US $112,960
III. TIME FOR ACCEPTANCE; EFFECTIVE DATE: If this offer is not executed by
and delivered to all parties OR FACT OF EXECUTION communicated in writing
between the parties on or before September 15, 2013, the deposit(s) will, at Buyer's
option, be returned to Buyer and the offer withdrawn. The date of this Contract
( "Effective Date ") will be the date when the last one of the Buyer and the Seller has
signed this offer.
IV. TITLE EVIDENCE: At least 7 days before closing date, Buyer shall obtain a title
insurance commitment.
V. CLOSING DATE: This transaction shall be closed and the deed and other
closing papers delivered on or before sixty (90) days from the date of the execution of
this agreement, unless extended by other provisions of this Contract.
Vl. RESTRICTIONS; EASEMENTS; LIMITATIONS: Buyer shall take title by Quit
Claim Deed subject to: zoning, restrictions, prohibitions and other requirements
imposed by governmental authority; restrictions and matters appearing on the plat or
otherwise common to the subdivision; public utility easements of record (easements are
to be located contiguous to Real Property lines and not more than 10 feet in width as to
the rear or front lines and 7 '/ 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.
Vil. OCCUPANCY: Seller warrants that there are no parties in occupancy other than
Seller, but if Property is intended to be rented or occupied beyond closing, the fact and
terms thereof shall be stated herein, and the tenant(s) or occupants disclosed pursuant
to Standard D. Seller agrees to deliver occupancy of Property at time of closing unless
otherwise stated herein. If occupancy is to be delivered before closing, Buyer assumes
all risk of loss to Property from date of occupancy, shall be responsible and liable for
maintenance from that date, and shall be deemed to have accepted Property in their
existing condition as of time of taking occupancy unless otherwise stated herein or in a
separate writing.
VIII. TYPEWRITTEN OR HANDWRITTEN PROVISIONS: Typewritten or handwritten
provisions shall control all printed provisions of Contract in conflict with them.
IX. ASSIGNABILITY: Buyer may not assign Contract.
X. DISCLOSURES:
(a) Radon is a naturally occurring radioactive gas that, when accumulated in a
building in sufficient quantities, may present health risks to persons who
are exposed to it over time. Levels of radon that exceed federal and state
guidelines have been found in buildings in Florida. Additional information
regarding Radon or Radon testing may be obtained from your County
Public health unit.
(b) Buyer may have determined the energy efficiency rating of the residential
building, if any is located on the Real Property.
ATTEST:
City Clerk
Approved as to Form:
j J--
e L, -
City Attorney r
By:
Print Name:
ATTEST:
Date
XI. SPECIAL CLAUSES; ADDENDA:
If additional terms are
to be provided,
they will be provided in the attached
addenda. If there is an
addenda, check
here ✓
CITY OF RAY BEACH, FLORIDA
Kimberly L. Spells
By-
ry lickstein, Mayor Date Print me:�`
°
D e
ATTEST:
City Clerk
Approved as to Form:
j J--
e L, -
City Attorney r
By:
Print Name:
ATTEST:
Date
ADDENDUM TO CONTRACT FOR SALE AND PURCHASE
SELLER: CITY OF DELRAY BEACH, FLORIDA
BUYER: Kimberly L. Spells
PROPERTY ADDRESS: 710 SW 5t" Avenue, Delray Beach, FL 33444,
XI. SPECIAL CLAUSES; ADDENDA (Continued):
A. FOREIGN INVESTMENT IN REAL PROPERTY TAX ACT ( "FIRPTA "):
The parties shall comply with the provisions of Internal Revenue Code Section 1445
and applicable Treasury Regulations issued thereunder. If the Seller is a U.S. person for
Internal Revenue Code Section 1445 purposes, then on demand of the Buyer and prior
to closing the Seller shall provide the Buyer with a certificate of non - foreign status in the
manner provided in Treasury Regulations Section 1.1445 -2. If the Seller provides the
Buyer with such certificate, and if the Buyer is otherwise permitted to rely on such
certificate under those Regulations, the Buyer shall not withhold under Internal Revenue
Code Section 1445.
If the Seller is a 'foreign person' as defined by the Internal Revenue Code, the
Buyer generally is required to withhold 10% of the gross sales price from the Seller at
closing and to pay the withheld amount over to the Internal Revenue Service (IRS)
unless an applicable exemption from withholding or a limitation on the amount to be
withheld is available. To the extent that the cash to be paid over to the Seller at closing
is insufficient to cover the Buyer's withholding obligation, the Seller shall provide to the
Buyer at closing cash equal to such excess for purposes of making such withholding
payment. If the Seller's federal income tax on the gain is less than the applicable
withholding amount, the Seller may make advance application to the IRS for reduced
withholding and, if granted, the Buyer shall withhold only the authorized reduced
amount. If such ruling has not been received by closing, the parties at closing shall
enter into an escrow agreement reasonably satisfactory to the Buyer and Seller pending
receipt of the ruling, provided that at closing the Seller shall have the obligation to
provide to the escrow agent from the closing proceeds (or from the Seller's other
resources if necessary) cash equal to the maximum required withholding, with any
excess withholding being refundable to the Seller upon receipt of a favorable ruling from
the IRS.
Buyer and Seller understand that the IRS requires the Buyer and the Seller to
have a U.S. federal taxpayer identification number and to supply that number on the
foregoing forms. A foreign individual may acquire an International Taxpayer
Identification Number for this purpose. Since it may take several weeks to receive the
3
number after application and the IRS will not process these forms without the actual
number, a party lacking a TIN is advised to apply immediately.
B. The Buyer shall have thirty (30) calendar days within which to conduct any
and all feasibility studies and determinations relative to the suitability for the acquisition of
the subject property by the Buyer and the Buyer reserves the express right to terminate
this Contract at any time during said period for any reason or no reason, in Buyer's sole
discretion, whereupon Buyer shall receive a full refund of all deposit monies paid
hereunder. Buyer shall be granted reasonable access to the premises to conduct such
feasibility studies and determinations, including environmental assays, core drilling,
surveys, soil sampling and other such testing.
C. This Contract is expressly contingent and conditioned upon the approval
of the same by the City Commission of the City of Delray Beach.
SELLERS' INITIALS: BUYER'S INITIALS:
rd
STANDARDS FOR REAL ESTATE TRANSACTIONS
A. Evidence of Title: A title insurance commitment issued by a Florida licensed
title insurer agreeing to issue to Buyer, upon recording of the deed to Buyer, an owner's policy of title
insurance in the amount of the purchase price, insuring Buyer's title to real property, subject only to liens,
encumbrances, exceptions or qualification set forth in this agreement and those which shall be
discharged by Seller at or before closing. Seller shall convey a marketable title subject only to liens,
encumbrances, exceptions or qualifications set forth in this agreement and those which shall be
discharged by Seller at or before closing. Marketable title shall be determined according to applicable
title standards adopted by authority of The Florida Bar and in accordance with law. If title is found
defective, Buyer shall notify Seller in writing specifying defect(s). If the defect(s) render title unmarket-
able, Seller will have one hundred twenty (120) days from receipt of notice within which to remove the
defect(s), failing which Buyer shall have the option of either accepting the title as it then is or demanding a
refund of deposit(s) paid which shall immediately be returned to Buyer; thereupon Buyer and Seller shall
release one another of all further obligations under the agreement. Seller will, if title is found unmarket-
able, use diligent effort to correct defect(s) in title within the time provided therefor, including the bringing
of necessary suits.
B. Survey: Buyer, at Buyer's expense, within time allowed to deliver evidence of
title and to examine same, may have real property surveyed and certified by a registered Florida
surveyor. If survey shows encroachment on real property or that improvements located on real property
encroach on setback lines, easements, lands of others, or violate any restrictions, agreement covenants
or applicable governmental regulation, the same shall constitute a title defect.
C. Ingress and Egress: Seller warrants and represents that there is ingress and
egress to the real property sufficient for the intended use as described herein, title to which is in
accordance with Standard A.
D. Leases: If applicable, Seller shall, not less than fifteen (15) days before closing,
furnish to Buyer copies of all written leases and estoppel letters from each tenant specifying the nature
and duration of the tenant's occupancy, rental rates, advanced rent and security deposits paid by tenant.
If Seller is unable to obtain such letter from each tenant, the same information shall be furnished by Seller
to Buyer within that time period in the form of a Seller's affidavit, and Buyer may thereafter contact
tenants to confirm such information. Seller shall, at closing, deliver and assign all original leases to
Buyer.
E. Liens: Seller shall furnish to Buyer at time of closing an affidavit attesting to the
absence, unless otherwise provided for herein, of any financing statements, claims of lien or potential
lienors known to Seller and further attesting that there have been no improvements or repairs to property
for ninety (90) days immediately preceding date of closing. If property has been improved, or repaired
within that time, Seller shall deliver releases or waivers of mechanics' liens executed by all general
contractors, subcontractors, suppliers, and materialmen in addition to Seller's lien affidavit setting forth
the names of all such general contractors, subcontractors, suppliers and materialmen and further
affirming that all charges for improvements or repairs which could serve as a basis for a mechanic's line
or a claim for damages have been paid or will be paid at closing.
F. Place of Closing: Closing shall be held in the county where real property is
located, at the office of the attorney or other closing agent designated by Buyer.
G. Time: Time is of the essence of this agreement. Time periods herein of less
than six (6) days shall in the computation exclude Saturdays, Sundays and state or national legal
holidays, and any time period provided for herein which shall end on Saturday, Sunday or legal holiday
shall extend to 5:00 p.m. of the next business day.
".+1
H. Documents for Closing: Seller shall furnish deed, bill of sale, mechanic's lien
affidavit, assignments of leases, tenant and mortgagee estoppel letters, and corrective instruments.
Buyer shall furnish closing statement, mortgage, mortgage note, security agreement, and financial
statements.
I. Expenses: Documentary stamps on the warranty deed and recording corrective
instruments and the warranty deed shall be paid by Buyer.
J. Prorations; credits: Taxes, assessments, rent, interest, insurance and other
expenses and revenue of property shall be prorated through day before closing. Buyer shall have the
option to taking over any existing policies of insurance, if assumable, in which event premiums shall be
prorated. Cash at closing shall be increased or decreased as may be required by prorations. Prorations
will be made through day prior to occupancy if occupancy occurs before closing. Advance rent and
security deposits will be credited to Buyer and escrow deposits held by mortgagee will be credited to
Seller. Taxes shall be prorated based on the current year's tax with due allowance made for maximum
allowable discount, homestead and other exemptions. If closing occurs at a date when the current year's
millage is not fixed, and current year's assessments is available, taxes will be prorated based upon such
assessment and the prior year's millage. If current year's assessment is not available, then taxes will be
prorated on the prior year's tax. If there are completed improvements on real property by January 1st of
year of closing which improvements were not in existence on January 1st of the prior year then taxes
shall be prorated based upon the prior year's millage and at an equitable assessment to be agreed upon
between the parties, failing which, request will be made to the County Property Appraiser for an informal
assessment taking into consideration available exemptions. Any tax proration based on an estimate may,
at request of either Buyer or Seller, be subsequently readjusted upon receipt of tax bill on condition that a
statement to that effect is in the closing statement.
K. Special Assessment Liens: Certified, confirmed and ratified special
assessment liens as of date of closing (and not as of Effective Date) are to be paid by Seller. Pending
liens as of date of closing shall be assumed by Buyer. If the improvement has been substantially
completed as of Effective Date, such pending lien shall be considered as certified, confirmed or ratified
and Seller shall, at closing, be charged an amount equal to the last estimate of assessment for the
improvement by the public body.
L. Risk of Loss: If the property is damaged by fire or other casualty before closing
and cost of restoration does not exceed the purchase price of the property so damaged, cost of
restoration shall be an obligation of the Seller and closing shall proceed pursuant to the term so the
agreement with restoration costs escrowed at closing. If the cost of the restoration exceeds three percent
(3 %) of the assessed valuation of the improvements so damaged, Buyer shall have the option of either
taking property as is, together with either the three percent (3 %) or any insurance proceeds payable by
virtue of such loss or damage, or of canceling the agreement and receiving return of deposit(s).
M. Escrow: Any escrow agent ( "Agent ") receiving funds or equivalent is authorized
and agrees by acceptance of them to deposit them promptly, hold same in escrow and, subject to
clearance, disburse them in accordance with terms and conditions of agreement. Failure of clearance of
funds shall not excuse Buyer's performance. If in doubt as to Agent's duties or liabilities under the
provisions of agreement, Agent may, at Agent's option, continue to hold the subject matter of the escrow
until the parties mutually agree to its disbursement, or until a judgment of a court of competent jurisdiction
shall determine the rights of the parties or Agent may deposit with the clerk of the circuit court having
jurisdiction of the dispute. Upon notifying all parties concerned of such action, all liability on the part of
Agent shall fully terminate, except to the extent of accounting for any items previously delivered out of
escrow. If a licensed real estate broker, Agent will comply with provisions of Chapter 475, F.S. (1987), as
amended. Any suit between Buyer and Seller where Agent is made a party because of acting as Agent
hereunder, or in any suit wherein Agent interpleads the subject matter of the escrow, Agent shall recover
reasonable attorney's fees and costs incurred with the fees and costs to be charged and assessed as
,�
u
court costs in favor of the prevailing party. Parties agree that Agent shall not be liable to any party or
person for misdelivery to Buyer or Seller of items subject to this escrow, unless such misdelivery is due to
willful breach of contract or gross negligence of Agent.
N. Failure of Performance: If Buyer fails to perform this Contract within the time
specified Seller shall be relieved of all obligations under Contract. If, for any reason other than failure of
Seller to make Seller's title marketable after diligent effort, Seller fails, neglects or refuses to perform this
Contract, the Buyer may seek specific performance or elect to receive the return of Buyer's deposit(s)
without thereby waiving any action for damages resulting from Seller's breach.
O. Agreement Not Recordable: Persons Bound; Notice: Neither this agreement
nor any notice of it shall be recorded in any public records. This agreement shall bind and inure to the
benefit of the parties and their successors in interest. Whenever the context permits, singular shall
include plural and one gender shall include all. Notice given by or to the attorney for any party shall be as
effective as if given by or to that party.
P. Conveyance: Seller shall convey the property by way of Quit Claim Deed
subject to an easement for any utilities that may exist and lie on the property.
Q. Other Agreements: No prior or present agreements or representations shall be
binding upon Buyer or Seller unless included in this Contract. No modification or change in this Contract
shall be valid or binding upon the parties unless in writing and executed by the party or parties intended to
be bound by it.
R. Warranties: Seller warrants that there are no facts known to Seller materially
affecting the value of the real property which are not readily observable by Buyer or which have not been
disclosed to Buyer.
7
(561)820 -4343 1 SATURDAY, AUGUST 24,2013 E12 PALM BEACH POST.COM 1 REALNEWSSTARTS HERE THE PALM BEACH POST
Notices
L Legal NOTJCE OF INTENT
TO SELL REAL PROPERTY
NOTICE IS HEREBY GIVEN that the City
of Delray Beach, Florida, annoynces
its Intention to sell -the folloWing real
property described as::
ROSEMONT PARK DELRAY
LOT 22 BLK 4
Resolution 33 -13 of the City
Commission authorizing the sale
of real property incorporating the
terms and conditions thereofi will
be considered at 'a public hearing to.
be held at 7:00 p.m. or September
3, 2013 a� City Hall, Commissjon'
Chambers, -100 N.W. I :st Avenue,
Delray Beach, Florida. CITY OF DELRAY
BEACH, FLORIDA
Chevelle D. Nubin, MMC
City Clerk
PUB: The Palm Beach Post
—947,8-2412013 #113631
Exhibit A
CONTRACT FOR SALE AND PURCHASE
PARTIES: CITY OF DELRAY BEACH, a Florida municipal corporation, ( "Seller "), of
100 N.W. 1St Avenue, Delray Beach, Florida 33444 and Kimberly L. Spells ( "Buyer "), of
713 SW 2nd Street, Delray Beach, FL 33444, hereby agree that the Seller shall sell and
Buyer shall buy the following described Real Property and Personal Property
(collectively "Property ") upon the following terms and conditions, which INCLUDE the
Standards for Real Estate Transactions ("Standard (s)"), attached hereto and riders and
any addenda to this Contract for Sale and Purchase ( "Contract "):
I. DESCRIPTION:
(a) LOT 22, BLOCK 4, ROSEMONT PARK, AS PER PLAT THEREOF,
ON FILE IN THE OFFICE OF THE CLERK OF THE CIRCUIT
COURT IN AND FOR PALM BEACH COUNTY, FLORIDA, IN
PLAT BOOK 13, PAGE 60.
P C N : 12-43-46-20-14-004-0220
(b) Address: 710 SW 5t� Avenue, Delray Beach, FL 33444
II. PURCHASE PRICE .. ............................... US $112,960
111. 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 September 15, 2013, the deposit(s) will, at Buyer's
option, be returned to Buyer and the offer withdrawn. The date of this Contract
( "Effective Date ") will be the date when the last one of the Buyer and the Seller has
signed this offer.
IV. TITLE EVIDENCE: At least 7 days before closing date, Buyer shall obtain a title
insurance commitment.
V. CLOSING DATE: This transaction shall be closed and the deed and other
closing papers delivered on or before sixty (90) days from the date of the execution of
this agreement, unless extended by other provisions of this Contract.
VI. RESTRICTIONS; EASEMENTS; LIMITATIONS: Buyer shall take title by Quit
Claim Deed subject to: zoning, restrictions, prohibitions and other requirements
imposed by governmental authority-, restrictions and matters appearing on the plat or
otherwise common to the subdivision; public utility easements of record (easements are
to be located contiguous to Real Property lines and not more than 10 feet in width as to
the rear or front lines and 7 % 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.
Vlli. TYPEWRITTEN OR HANDWRITTEN PROVISIONS: Typewritten or handwritten
provisions shall control all printed provisions of Contract in conflict with them.
IX. ASSIGNABILITY: Buyer may not assign Contract.
X. DISCLOSURES:
(a) Radon is a naturally occurring radioactive gas that, when accumulated in a
building in sufficient quantities, may present health risks to persons who
are exposed to it over time. Levels of radon that exceed federal and state
guidelines have been found in buildings in Florida. Additional information
regarding Radon or Radon testing may be obtained from your County
Public health unit.
(b) Buyer may have determined the energy efficiency rating of the residential
building, if any is located on the Real Property.
XI. SPECIAL CLAUSES; ADDENDA: If additional terms are to be provided,
they will be provided in the attached addenda. If there is an addenda, check
here ✓
CITY OF RAY BEACH, FLORIDA Kimberl L. Spells
By By:
ry lickstein, Mayor Date Print me: _ f
ATTEST:
• �� By:
City Clerk Print Name: Date
Approved as to Farm: ATTEST:
XW r r
City Attorney f
2
ADDENDUM TO CONTRACT FOR SALE AND PURCHASE
SELLER: CITY OF DELRAY BEACH, FLORIDA
BUYER: Kimberly L. Spells
PROPERTY ADDRESS: 710 SW 51h Avenue, Delray Beach, FL 33444,
XL SPECIAL CLAUSES; ADDENDA (Continued):
A. FOREIGN INVESTMENT IN REAL PROPERTY TAX ACT ( "FIRPTA "):
The parties shall comply with the provisions of Internal Revenue Code Section 1445
and applicable Treasury Regulations issued thereunder. If the Seller is a U.S. person for
Internal Revenue Code Section 1445 purposes, then on demand of the Buyer and prior
to closing the Seller shall provide the Buyer with a certificate of non - foreign status in the
manner provided in Treasury Regulations Section 1.1445 -2. If the Seller provides the
Buyer with such certificate, and if the Buyer is otherwise permitted to rely on such
certificate under those Regulations, the Buyer shall not withhold under Internal Revenue
Code Section 1445.
If the Seller is a 'foreign person' as defined by the Internal Revenue Code, the
Buyer generally is required to withhold 10% of the gross sales price from the Seller at
closing and to pay the withheld amount over to the Internal Revenue Service (IRS)
unless an applicable exemption from withholding or a limitation on the amount to be
withheld is available. To the extent that the cash to be paid over to the Seller at closing
is insufficient to cover the Buyer's withholding obligation, the Seller shall provide to the
Buyer at closing cash equal to such excess for purposes of making such withholding
payment. If the Seller's federal income tax on the gain is less than the applicable
withholding amount, the Seller may make advance application to the IRS for reduced
withholding and, if granted, the Buyer shall withhold only the authorized reduced
amount. If such ruling has not been received by closing, the parties at closing shall
enter into an escrow agreement reasonably satisfactory to the Buyer and Seller pending
receipt of the ruling, provided that at closing the Seller shall have the obligation to
provide to the escrow agent from the closing proceeds (or from the Seller's other
resources if necessary) cash equal to the maximum required withholding, with any
excess withholding being refundable to the Seller upon receipt of a favorable ruling from
the IRS.
Buyer and Seller understand that the IRS requires the Buyer and the Seller to
have a U.S. federal taxpayer identification number and to supply that number on the
foregoing forms. A foreign individual may acquire an International Taxpayer
Identification Number for this purpose. Since it may take several weeks to receive the
3
number after application and the IRS will not process these forms without the actual
number, a party lacking a TIN is advised to apply immediately.
B. The Buyer shall have thirty (30) calendar days within which to conduct any
and all feasibility studies and determinations relative to the suitability for the acquisition of
the subject property by the Buyer and the Buyer reserves the express right to terminate
this Contract at any time during said period for any reason or no reason, in Buyer's sole
discretion, whereupon Buyer shall receive a full refund of all deposit monies paid
hereunder. Buyer shall be granted reasonable access to the premises to conduct such
feasibility studies and determinations, including environmental assays, core drilling,
surveys, soil sampling and other such testing.
C. This Contract is expressly contingent and conditioned upon the approval
of the same by the City Commission of the City of Delray Beach.
SELLERS' INITIALS: BUYER'S INITIALS:
e Z, 5,
rd
STANDARDS FOR REAL ESTATE TRANSACTIONS
A. Evidence of Tittle: A title insurance commitment issued by a Florida licensed
title insurer agreeing to issue to Buyer, upon recording of the deed to Buyer, an owner's policy of title
insurance in the amount of the purchase price, insuring Buyer's title to real property, subject only to liens,
encumbrances, exceptions or qualification set forth in this agreement and those which shall be
discharged by Seller at or before closing. Seller shall convey a marketable title subject only to liens,
encumbrances, exceptions or qualifications set forth in this agreement and those which shall be
discharged by Seller at or before closing. Marketable title shall be determined according to applicable
title standards adopted by authority of The Florida Bar and in accordance with law. If title is found
defective, Buyer shall notify Seller in writing specifying defect(s). If the defect(s) render title unmarket-
able, Seiler will have one hundred twenty (120) days from receipt of notice within which to remove the
defect(s), failing which Buyer shall have the option of either accepting the title as it then is or demanding a
refund of deposit(s) paid which shall immediately be returned to Buyer; thereupon Buyer and Seller shall
release one another of all further obligations under the agreement. Seller will, if title is found unmarket-
able, use diligent effort to correct defect(s) in title within the time provided therefor, including the bringing
of necessary suits.
B. Survey: Buyer, at Buyer's expense, within time allowed to deliver evidence of
title and to examine same, may have real property surveyed and certified by a registered Florida
surveyor. If survey shows encroachment on real property or that improvements located on real property
encroach on setback lines, easements, lands of others, or violate any restrictions, agreement covenants
or applicable governmental regulation, the same shall constitute a title defect.
C. Ingress and Egress: Seller warrants and represents that there is ingress and
egress to the real property sufficient for the intended use as described herein, title to which is in
accordance with Standard A.
D. Leases: If applicable, Seller shall, not less than fifteen (15) days before closing,
furnish to Buyer copies of all written leases and estoppel letters from each tenant specifying the nature
and duration of the tenant's occupancy, rental rates, advanced rent and security deposits paid by tenant.
If Seller is unable to obtain such letter from each tenant, the same information shall be furnished by Seller
to Buyer within that time period in the form of a Seller's affidavit, and Buyer may thereafter contact
tenants to confirm such information. Seller shall, at closing, deliver and assign all original leases to
Buyer.
E. Liens: Seller shall furnish to Buyer at time of closing an affidavit attesting to the
absence, unless otherwise provided for herein, of any financing statements, claims of lien or potential
Iienors known to Seller and further attesting that there have been no improvements or repairs to property
for ninety (90) days immediately preceding date of closing. If property has been improved, or repaired
within that time, Seller shall deliver releases or waivers of mechanics' liens executed by all general
contractors, subcontractors, suppliers, and materialmen in addition to Seller's lien affidavit setting forth
the names of all such general contractors, subcontractors, suppliers and materialmen and further
affirming that all charges for improvements or repairs which could serve as a basis for a mechanic's line
or a claim for damages have been paid or will be paid at closing.
F. Place of Closing: Closing shall be held in the county where real property is
located, at the office of the attorney or other closing agent designated by Buyer.
G. Time: Time is of the essence of this agreement. Time periods herein of less
than six (6) days shall in the computation exclude Saturdays, Sundays and state or national legal
holidays, and any time period provided for herein which shall end on Saturday, Sunday or legal holiday
shall extend to 5:00 p.m. of the next business day.
5
H. Documents for Closing: Seller shall furnish deed, bill of sale, mechanic's lien
affidavit, assignments of leases, tenant and mortgagee estoppel letters, and corrective instruments.
Buyer shall furnish closing statement, mortgage, mortgage note, security agreement, and financial
statements.
I. Expenses: Documentary stamps on the warranty deed and recording corrective
instruments and the warranty deed shall be paid by Buyer.
J. Prorations; credits: Taxes, assessments, rent, interest, insurance and other
expenses and revenue of property shall be prorated through day before closing. Buyer shall have the
option to taking over any existing policies of insurance, if assumable, in which event premiums shall be
prorated. Cash at closing shall be increased or decreased as may be required by prorations. Prorations
will be made through day prior to occupancy if occupancy occurs before closing. Advance rent and
security deposits will be credited to Buyer and escrow deposits held by mortgagee will be credited to
Seller. Taxes shall be prorated based on the current year's tax with due allowance made for maximum
allowable discount, homestead and other exemptions. If closing occurs at a date when the current year's
millage is not fixed, and current year's assessments is available, taxes will be prorated based upon such
assessment and the prior year's millage. If current year's assessment is not available, then taxes will be
prorated on the prior year's tax. If there are completed improvements on real property by January 1st of
year of closing which improvements were not in existence on January 1st of the prior year then taxes
shall be prorated based upon the prior year's millage and at an equitable assessment to be agreed upon
between the parties, failing which, request will be made to the County Property Appraiser for an informal
assessment taking into consideration available exemptions. Any tax proration based on an estimate may,
at request of either Buyer or Seller, be subsequently readjusted upon receipt of tax bill on condition that a
statement to that effect is in the closing statement.
K. Special Assessment Liens: Certified, confirmed and ratified special
assessment liens as of date of closing (and not as of Effective Date) are to be paid by Seller. Pending
liens as of date of closing shall be assumed by Buyer. if the improvement has been substantially
completed as of Effective Date, such pending lien shall be considered as certified, confirmed or ratified
and Seller shall, at closing, be charged an amount equal to the last estimate of assessment for the
improvement by the public body.
L. Risk of Loss: If the property is damaged by fire or other casualty before closing
and cost of restoration does not exceed the purchase price of the property so damaged, cost of
restoration shall be an obligation of the Seller and closing shall proceed pursuant to the term so the
agreement with restoration costs escrowed at closing. If the cost of the restoration exceeds three percent
(3 %) of the assessed valuation of the improvements so damaged, Buyer shall have the option of either
taking property as is, together with either the three percent (3 %) or any insurance proceeds payable by
virtue of such loss or damage, or of canceling the agreement and receiving return of deposit(s).
M. Escrow: Any escrow agent ( "Agent ") receiving funds or equivalent is authorized
and agrees by acceptance of them to deposit them promptly, hold same in escrow and, subject to
clearance, disburse them in accordance with terms and conditions of agreement. Failure of clearance of
funds shall not excuse Buyer's performance. If in doubt as to Agent's duties or liabilities under the
provisions of agreement, Agent may, at Agent's option, continue to hold the subject matter of the escrow
until the parties mutually agree to its disbursement, or until a judgment of a court of competent jurisdiction
shall determine the rights of the parties or Agent may deposit with the clerk of the circuit court having
jurisdiction of the dispute. Upon notifying all parties concerned of such action, all liability on the part of
Agent shall fully terminate, except to the extent of accounting for any items previously delivered out of
escrow. If a licensed real estate broker, Agent will comply with provisions of Chapter 475, F.S. (1987), as
amended. Any suit between Buyer and Seller where Agent is made a party because of acting as Agent
hereunder, or in any suit wherein Agent interpleads the subject matter of the escrow, Agent shall recover
reasonable attorney's fees and costs incurred with the fees and costs to be charged and assessed as
court costs in favor of the prevailing party. Parties agree that Agent shall not be liable to any party or
person for misdelivery to Buyer or Seller of items subject to this escrow, unless such misdelivery is due to
willful breach of contract or gross negligence of Agent.
N. Failure of Performance: If Buyer fails to perform this Contract within the time
specified Seller shall be relieved of all obligations under Contract. If, for any reason other than failure of
Seller to make Seller's title marketable after diligent effort, Seller fails, neglects or refuses to perform this
Contract, the Buyer may seek specific performance or elect to receive the return of Buyer's deposit(s)
without thereby waiving any action for damages resulting from Seller's breach.
O. Agreement Not Recordable; Persons Bound; Notice: Neither this agreement
nor any notice of it shall be recorded in any public records. This agreement shall bind and inure to the
benefit of the parties and their successors in interest. Whenever the context permits, singular shall
include plural and one gender shall include all. Notice given by or to the attorney for any party shall be as
effective as if given by or to that party.
P. Conveyance: Seller shall convey the property by way of Quit Claim Deed
subject to an easement for any utilities that may exist and lie on the property.
Q. Other Agreements: No prior or present agreements or representations shall be
binding upon Buyer or Seller unless included in this Contract. No modification or change in this Contract
shall be valid or binding upon the parties unless in writing and executed by the party or parties intended to
be bound by it.
R. Warranties: Seller warrants that there are no facts known to Seller materially
affecting the value of the real property which are not readily observable by Buyer or which have not been
disclosed to Buyer.
7
SECOND ADDENDUM TO CONTRACT FOR SALE AND PURCHASE
Buyer: Kimberly L. Spells
Seller: The City of Delray Beach
Property: LOT 22, BLOCK 4, ROSEMONT PARK, AS PER PLAT THEREOF,
ON FILE IN THE OFFICE OF THE CLERK OF THE CIRCUIT
COURT IN AND FOR PALM BEACH COUNTY, FLORIDA, IN
PLAT BOOK 13, PAGE 60.
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.
Page 1 of 3
Purchaser's Acknowledgment (Initial)
(c) Purchaser has received copies of all information above.
X (d) Purchaser has received the pamphlet Protect Your Family from Lead in
your Home
(e) Purchaser has (check one below):
Received a 10 -day opportunity (or mutually agreed upon period) to
conduct a risk assessment or inspection for the presence of lead -based
paint and/or lead -based paint hazards; or
Waived the opportunity to conduct risk assessment or inspection for the
presence of lead -based paint hazards.
Agent's Acknowledgment (Initial)
(f) Agent has informed Seller of the Seller's obligations under 42 U.S.C.4852
(d) and is unaware of 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 TAXES
THAT THE BUYER MAY BE OBLIGATED TO PAY IN THE YEAR SUBSEQUENT TO
PURCHASE. A CHANGE OF OWNERSHIP OR PROPERTY IMPROVEMENTS
TRIGGERS THE ASSESSMENT OF THE PROPERTY THAT COULD RESULT IN
HIGHER PROPERTY TAXES. IF YOU HAVE NAY QUESTIONS CONCERNING
VALUATION, CONTACT THE COUNTY PROPERTY APPRAISER'S OFFICE FOR
INFORMATION.
2. With respect to Standard (A), if title is found defective, Seller may, but shall have no
obligation, to render title marketable. In the event Seller does not render title marketable
within thirty (30) days after the date of Buyer's notice to Seller advising the Seller of the
defects in title, Buyer shall have the option of either cancelling this Contract and
receiving a refund of the deposits paid, or to accept title as is and close.
3. Seller has agreed to convey the Property to Buyer under the assumption that there are
no liens, encumbrances, mortgages, assessments or other evidences of debt
(hereinafter collectively referred to as "liens and encumbrances ") which must be paid by
Seller at closing. In the event Buyer determines that there are liens and encumbrances,
Seller shall have the option of paying off the liens and encumbrances at closing, failing
which, Buyer may pay the liens or encumbrances, Buyer may cancel this Contract and
receive a refund of its deposit, or Buyer may accept title as is subject to the liens and
encumbrances and close.
4. With respect to Standard (L), if the Property is damaged by fire or other casualty before
closing, Seller may elect to restore the Property, failing which, Buyer shall accept the
Page 2 of 3
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 seek specific performance. If
Seller fails to perform this Contract within the time specified, Buyer may elect to cancel
this Contract and receive a return of Buyer's deposit, or Buyer may seek specific
performance ".
6. With respect to Paragraph (V) 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:
G
City of Delray Beach, Seller
3
i V
Page 3 of 3
THIRD ADDENDUM TO CONTRACT FOR SALE AND PURCHASE
Buyer: Kimberly L. Spells
Seller: City of Delray Beach
Property: LOT 22, BLOCK 4, ROSEMONT PARK, AS PER PLAT THEREOF,
ON FILE IN THE OFFICE OF THE CLERK OF THE CIRCUIT
COURT IN AND FOR PALM BEACH COUNTY, FLORIDA, IN
PLAT BOOK 13, PAGE 60.
The Parties further agree as follows:
A. Additional covenants and restrictions:
1. Seller shall provide purchase assistance to LMMI eligible households in the form
of non - amortizing, 0% interest, forgivable, deferred payment loan.
2. All loan awards from Seller to subsequent eligible purchaser shall be secured
with a second mortgage /promissory note. Recapture terms are as follows:
a. Assistance in the amount of $15,000 or less will require a 5 year non -
amortizing mortgage.
b. Assistance in the amount of $15,000.01- $40,000 will require a 10 year
non - amortizing mortgage.
C. Assistance in the amount of $40,000 + will require a 15 year non -
amortizing mortgage.
d. Assistance in purchasing newly constructed homes will require a 20 year
non - amortizing mortgage.
3. Repayment of the full loan award will be immediately due to the City in the event
any "qualifying event(s)" occur prior to expiration of the note. Qualifying event(s)
are considered to be:
a. Sale of unit or transfer of tile.
b. Assisted homeowner fails to continuously occupy the home.
C. Unit is rented.
d. Unit is refinanced without prior authorization of the City.
4. Such repaid funds shall be transferred to the City of Delray Beach within seven
(7) days of receipt. If assisted homeowner does not trigger any of the above
mentioned qualifying events prior to the expiration of the note, the loan is totally
forgiven. In the event the homeowner wishes to refinance his or her first
mortgage or take out an equity loan to make repairs or improvements, the
request must be in compliance with the City's subordinate policy. This policy is
available through the Neighborhood Services Division and is available for public
access.
Page 1 of 2
5. Maximum Amount of Assistance: The maximum award is limited to 50% of the
purchase prior of the unit; however, the maximum is not automatically provided
on an individual basis; rather, the amount of subsidy awarded will be the
minimum amount necessary to enable the Buyer to purchase the property at a
monthly payment affordable to him or her.
6. Affordability: For the purpose of this Agreement, housing is considered
affordable when the monthly mortgage payment, including taxes and insurance
do not exceed 35 percent of an amount that represents the percentage of the
median annual gross income for the household. However, this policy will not
prohibit an individual households' ability to devote more than 35 percent of its
income for housing. Housing, where a household devotes more than 35 percent
of its income, shall be deemed affordable if the first mortgage lender is satisfied
that the household can afford mortgage payments in excess of the 35 percent.
ATTEST:
City Clerk
Approved as to form and
legal suf iciency:
lY :
ity Attorney
Kimberly L. Spells, Purchaser
BytAL,Wu
Print Name: 1�,xUvj•(Akl Lb
Date:
CITY OF LRAY BEACH, Seller
By:
a . Glickstein, Mayor
Page 2 of 2
rk;tit��fa�, �ssorinTk+��a or xoR�� .
Addendtun No, - 1 to the Contract dated August 19, 2413 - ._ _._--- ,.between
City of Delrgy f g l� .� (Seller)
and Kimberly Smells __.___ __ (Buyer)
conrernincd [lie property described as,
714 SW 5th Aventke Delray Beach, FL 33,444
(the "Crntrau "), Buyer and Seller make the following terms and conditions paft of the Contract;
Reduce p urchnse price to $14$,4014 per updated appraisal performed on Octolaer 12, 2413,
Date. t3uyer; _
Date: Buyer: --
Date, 1_ 0 M(13 Seller; C i?
Date; Seller
This form N available for use by tiro enklre real estate Induskry and Is not intended to Identify the user as a REALTOR, RmTon Is a regi9tereri coil'ecdve n>en)bersitipa
marks that may be used' only by real estate licensees who Eire members of the National Assoclation of RcALToRs and who subscrbe to its Code of EdIcs.
The copyright laws of khc Wm ed 'States (17 Us. C`,(xle) foft)d the unauthorized felxod ction of Wank form, by any means Including facsifmfle or cornputerazed formras.
ACSP -2a tray. 6154 01994 Florida Association of REALrORS0 All P4 hls Reserved
iixroQic It'f'"'5