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Res 65-05 (' /,\ RESOLUTION NO. 65-05 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRA Y BEACH, FLORIDA, AUTHORIZING THE CITY TO 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 BE1WEEN THE BUYER AND THE CITY OF DELRA Y BEACH, FLORIDA. WHEREAS, the City of Delray Beach, Florida, wishes to sell certain property located on S.W. 2nd Street; 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 Michael & Rosa Wynn, as Buyer, for the purchase price of Thirteen Thousand Dollars ($13,000.00), said property being more particularly described as follows: See Exhibit "A" Section 2. That the costs of closing and transactions, tide insurance, document preparation and attorney's fees shall be borne by the Buyer. Section 3. 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 "B". (' /"\ PASSED AND ADOPTED in regular seSSlOn on the ~ day of ~~~, 2005. ATTEST: t9~Zi t4.. ~~. ~~~ City Clerk EXHIBIT "A" Town of Delray W 35 ft. ofE 135 ft. ofN 100 ft. & S 50 ft. ofN 100 ft. ofE 35.5 ft. ofW 135.3 ft. of Block 31 ; I 2 Resolution No. 65-05 , CONTRACT FOR SALE AND PURCHASE CITY OF DELRA Y BEACH, a Florida municipal corporation, ("Seller"), of 100 N.W. 1st Avenue, Delray Beach, FL 33444 (Phone: 561-243-7000) and MICHAEL \VYNN and ROSA \VYNN, (Buyer), of 406 S.W. 2nd Street, Delray Beach, FL 33444 hereby agree that the Seller shall sell and Buyer shall buy the following real property ("Property") upon the following terms and conditions: 1. DESCRIPTION: Town of Delray W 35 ft. ofE 135 ft. ofN 100 ft. & S 50 ft. ofN 100 ft. ofE 35.5 ft. ofW 135.5 ft of Block 31 2. PURCHASE PRICE. . . . . . . . . . . . . . . .US $13,000.00 3. TIME FOR ACCEPTANCE; EFFECTIVE DATE; FACSIMILE: If this offer is not executed by and delivered to all parties OR FACT OF EXECUTION communicated in writing between the parties prior to such offer being withdrawn by the first party signing, the deposit(s), if any, will, at Seller's option, be returned and this 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 or the date the City Commission of the City of Delray Beach approves this Contract. A facsimile copy of this Contract and any signature thereon shall be considered for all purposes as originals. 4. TITLE EVIDENCE: If Buyer chooses to obtain a title insurance commitment, Buyer shall do so at least 7 days before the closing date. 5. CLOSING DATE: This transaction shall be closed and the deed and other closing papers delivered following the expiration of the feasibility study period as provided for in Paragraph L, unless extended by other provisions of the Contract. 6. RESTRICTIONS; EASEMENTS; LIMITATIONS: Buyer shall take title subject to: comprehensive land use plans, 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 Y2 feet in width as to the side lines, unless otherwise specified herein); taxes for year of closing and subsequent years; assumed mortgages and purchase money mortgages, if any; provided, that there exists at closing no violation of the foregoing. 7. OCCUPANCY: Seller warrants that there are no parties in occupancy other than Seller. Seller shall deliver occupancy of Property to Buyer 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 its existing condition as of time of taking occupancy unless otherwise stated herein. ~~~ ''-~~ ------ . . 8. TYPEWRITTEN OR HANDWRITTEN PROVISIONS: Typewritten or handwritten provisions shall control all printed provisions of this Contract in conflict with them. 9. ASSIGNABILITY: Buyer may not assign Contract without the prior approval of the Seller. 10. DISCLOSURES: 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. 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 Contract and those which shall be discharged by Seller at or before closing. Seller shall convey a marketable title subject only to hens, encumbrances, exceptions or qualifications set forth ill this Contract 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. Buyer shall have 5 days from the date of receiving a title commitment to examine it. If title is found defective, Buyer shall, within 5 days thereafter, notify Seller in writing specifying defect(s). If the defect(s) render title unmarket- able, Seller will have thirty (30) days from receipt of notice within which to remove the defect(s), failing which Buyer shall have the option of either accepting the title as it then is or demanding a refund of deposit(s) paid which shall immediately be returned to Buyer; thereupon Buyer and Seller shall release one another of all further obligations under the agreement. Seller will, if title is found unmarketable, use diligent effort to correct defect(s) in title within the time provided therefor, including the bringing of necessary suits. B. Survev: 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 the survey discloses encroachment on Real Property or that improvements located thereon encroach on setback lines, easements, lands of others, or violate any restrictions, Contract covenants or applicable governmental regulation, the same shall constitute a title defect. C. In~ress and E~ress: Seller warrants and represents that there is ingress and egress to the Real Property sufficient for the intended use as described in Paragraph 6, hereof, title to which is in accordance with Standard A. D. Intentionally reserved. E. Liens: Seller shall furnish to Buyer at time of closing an affidavit attesting to the absence, unless otherwise provided for herein, of any financing statements, claims of lien or potentiallienors known to Seller and further attesting that there have been no improvements or repalfS to property for ninety (90) days immediately preceding date of closing. If property has been improved, or repaired within that time, Seller shall deliver releases or waivers of mechanics' liens executed by all general contractors, subcontractors, suppliers, and materialmen in addition to Seller's lien affidavit setting forth the names of all such general contractors, subcon- tractors, suppliers and materialmen and further 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 of this Contract. -2- ---- · F. Place of Closin~: Closing shall be held in the county where the Real Property is located, at the office of the attorney or other closing agent designated by Seller. G. Time: In computing time periods of less than six (6) days, Saturdays, Sundays and state or national legal holidays shall be excluded. Any time periods provided for herein which shall end on Saturday, Sunday or a legal holiday shall extend to 5:00 p.m. of the next business day. Time is of the essence in this Contract. H. Documents for Closin~: 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 deed and recording corrective instruments shall be paid by Buyer. J. Taxes: Assessments: Expenses: Taxes, assessments and expenses relative to the property shall be paid through the date of closing. In the event an interim tax bill is not available as of the closing the seller shall escrow adequate funds for the payment of such taxes based upon the closing agents estimate. 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 closmg 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. Feasibilitv studies: The Buyer shall have sixty (60) business days following the Effective Date of this Contract 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. M. Risk of Loss: If the property is damaged by fire or other casualty before closing and cost of restoration does not exceed 3% of the assessed valuation of the Property so damaged, cost of restoration shall be an obligation of the Seller and closing shall proceed pursuant to the terms of the Contract 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). N. Escrow: Any escrow agent ("Agent") receiving funds or equivalent is authorized and agrees by acceptance of them to deposit them promptly, hold same in escrow and, subject to clearance, disburse them in accordance with terms and conditiOns of this Contract. Failure of clearance of funds shall not excuse Buyer's performance. If m doubt as to Agent's duties or liabilities under the provisiOns of this Contract, Agent may, at Agent's option, continue to hold the subject matter of the escrow until the parties mutually agree to its disburse- ment, or until a judgment of a court of competent jurisdiction shall determme 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., 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 ofthe 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. -3- ~ O. Failure of Performance: If Buyer fails to perform this Contract within the time specified (including payment of all deposit(s)), the deposit(s) paid by Buyer may be retained by or for the account of Seller as agreed upon liqmdated damages, consideration for the executiOn of this Contract and in full settlement of any claims; whereupon, Buyer and Seller shall be relieved of all obligations under Contract; or Seller, at Seller's option, may proceed in equity to enforce Seller's rights under this 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. P. Contract Not Recordable: Persons Bound: Notice: Neither this Contract nor any notice of it shall be recorded in any public records. This Contract shall bind and enure to the benefit of the parties and their successors in interest. Whenever the context permits, singular shall include plural and one gender shall include all. Notice given by or to the attorney for any party shall be as effective as if given by or to that party. Q. Convevance: Seller shall convey title to Real Property by quit claim deed, subject only to matters contained in Paragraph 6 and those otherwise accepted by Buyer. Personal Property shall, at request of Buyer, be transferred by an absolute bill of sale with warranty of title, subject only to such matters as may be otherwise provided for herein. R. Other A~reements: No prior or present agreements or representations shall be binding upon Buyer or Seller unless included in this Contract. No modification or change in this Contract shall be vahd or binding upon the parties unless in writing and executed by the party or parties intended to be bound by it. S. Warranties: Seller warrants that there are no facts known to Seller materially affecting the value of the Property which are not readily observable by Buyer or which have not been disclosed to Buyer. ATT By: BY:~~,~~ City Clerk Approved as to Form: -------- By:~~ þ~~ity Attorney -4- . . STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me this ~ day of ~, 200 § by Michael Wynn who IS personally known to me or who has produced (-hi- {)A.. ~ (type of identification) as identification. ~ W S-oO -5Sb- 51- t>df -0 ~ ~ ~\\\\\\\""lIllli¡' # ~Q?F..;(~'l. . . ~ ..... . ~'! CO.\1~;i·'J1, ~ SIgnature of Notary Pubhc- ~iS.: Air" ":r,:;,.tf\~. . ::::::: ~ . Q~ '-:: ' .: '? :::- State of Flonda ~ X1 . J' "b." ,;:'? ',; '. tØ::::: =~.-: IP ~_ ~'. ;.-".z ->= ~ c:...~ ~ .\~:.." é!' It~::::: ~(1,}'''^~''Þ'~ .~~ STATE OF FLORIDA '~'-f' " ';", I'ô' .~~ I_:'::=: 'y. ~-~8i':_10'\3.. ~ § ~. ~.~.. . .. .' .. '§. COUNTY OF PALM BEACH {~~;'DF FLíj~\D\\~~ ~\\~ The foregoing instrument was acknowledged before me this ~ day of' , 200§ by Rosa Wynn who IS personally known to me or who has produced rLA fJA. ~ (type of identification) as identification. -tJ; Þ if to) ·1;)..D ·5 J'.$? 1-0 ~~. Signature of Notary Public- State of Florida ~\\\\\\\\, III/II/III//, #' Q~F.~4I.~ ~ ~ ~ ~' COfr.f~f'~'JSI ~ ~. ~1i>_""d'J'" ~~ . AD!}" ~.fC Jo .:;:, ~.~ ...~~. .:~~ ::=:i;!.~ , ~ t~ .cø:=. =:X1.;-*<.) «I ~-;:!"»= :: -< . ,?,\ ~-'ö " 0. ~....,:::. ~""O.,.-=,.,. '-). r.~ __ ~c..: ~ ~ 0 J .~~ .::::: ~. 0:.,' r,¡.. '0' . ~:-o.;; .~(:'.t U ......~ -~. J'" . ict;.385.1>.1';' ~ ~ '%'. '41F . . .' ~ ~ . ;~I ,:c OF FlO?-\'0 #- ~ Ill,llIl!! I \1\\\\\\'\ -5- · ~ . Pí [IT' DF DELIA' BEA[H CITY ATTORNEY'S OFFICE 2()(\ "\W hI -'\VF'\Jl'I-.· DELR-'\Y BE-'\CH. FLORIDA 33444 TI LLPl-¡()!'\E 'ih!2.l<-7(\l)(). f'~CSl\1[LE 'i61í278-..(755 Writer's Direct Line' 561/243-7091 DELRAY BEACH F lOR I D A Da:IIII MEMORANDUM All-America City " III! ~:~E: September 8, 2005 City Commission 1993 David Hard~, City Manaaer 2001 --..c--- FROM: Brian Shutt, Assistant City Attorney SUBJECT: Resolution 65-05 (Sale of Property to Michael & Rosa Wvnn) Resolution No. 65-05 authorizes the City to sell vacant propertYt located on the south side S.W. 2nd Street between S.W. 4th Avenue and S.W. 5 h Avenue, to the adjacent property owner, for the purchase price of $13,000.00. Incorporated within the resolution are the terms and conditions of the Contract for Sale and Purchase. This lot is unbuildable and is approximately 5200 square feet is size. Please place this item on the September 20, 2005 City Commission agenda. Please call if you have any questions. Attachments cc: Chevelle Nubin, City Clerk Lula Butler, Director of Community Improvement \Oe- E~ ~w~=-w I w ~:! w > >-~> f----- <{ _ f------- <{ ¡:=:= === <{ FIRE > <{ I '---- iE '---- ~ iE I L-~ TENNIS ==. "- .; .! <£} STA nON fo- STADIUM L AMOCO ~m~ NO , ú) , ~ ~ ~ i z z z ATLANTIC AVENUE I [J]]]] I I ill POLICE I SOU TH m I : i I . ~ COMPLEX COUNTY I . , - . - I-l-- - COURT I--- - , L-- f----- I HOUSE - f--- - w ~~ w w I > <- > > <{ - <{ <{ <{ ~ ~ - ~ ~ - - - ~ - f--------- I f--- ~ f-- I ~ f--------- I f----- ~ 1ST ST --š-w- - II ~ ~LIEI I I-- I >- a> - - _ ~ f---- - - - === '=== - - - - 0 ======w f--- - - iE--o:: -~> - - '¢ - '" - i--- <{f---- I e--- >- I- ~-'- co i f0- e--- I I "- ~ ---1r-~ I . . IU- c-- ~I ~ >- (f) ----r- c--- (f) i I I ¡-e- I I Ir I-- I I ¡I ~ .-Sl- SW 2ND I I : .--- I I ~ IJI7 t=I~ II I =~ I-- ----..""< i-J- I e--- f---- - ~- r----- - f-- I 0:: , I (f)- r----- - u .EE f-- f---- - f--------- - iE ¡ - r----- - rn ~f----- _ , - ~ - r---- ~ (f) (f) I - f---- ~- T=:G ; (f) nr \\ f-- - ~ - f---- d I rT - r----- ~ I I II i I I \ ~ ~ f--------- r---- (f) : I - i ¡ '--S~ ~ SW 3RD c---- I I []J[IIJ ¿ ¡ I ! I , i·! ~ MERRITT - I i (f) f--------- PARK ~ - ~ I : ¡ I '--- - (f) F - r---- I i : - ! - : I - - SW 3RD I - - ~ - CT ~11: C - - ~ - ! - - - - - - - li\ IF f-- _ f-----i. I; I I II II I :=f--_ lit=::: II I i II ~ L- 4TH - ' ST , I ~~ F w -- > I r-~ ! : <{ : DRUG ABUSE FOUNDA nON - c-- - I . ~ -----¡ I I OF ~- >- - ---' <£} I'" PALM BEACH COUNTY =:::: "'-----, ~ I - - ~ ~ ; 13 (f) (f) . ¡ -v N - RESOLUTION 65-05 CITY OF DELRAY BEACH, FL SALE OF PROPERTY TO MICHAEL & ROSA WYNN PLANNING & ZONING OEPARH.4ENT -- DIGITAL BASE MAP SYSTEM -- MAP REF LM871 ~- RESOLUTION NO. 65-05 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRA Y BEACH, FLORIDA, AUTHORIZING THE CITY TO 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 DELRA Y BEACH, FLORIDA. WHEREAS, the City of Delray Beach, Florida, wishes to sell certain property located on S.W. 2nd Street; 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 Michael & Rosa Wynn, as Buyer, for the purchase price of Thirteen Thousand Dollars ($13,000.00), said property being more particularly described as follows: See Exhibit "A" Section 2. That the costs of closing and transactions, title insurance, document preparation and attorney's fees shall be borne by the Buyer. Section 3. 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 "B". PASSED AND ADOPTED in regular session on the _ day of ,2005. ATTEST: MAYOR City Clerk EXHIBIT "A" Town of Delray W 35 ft. ofE 135 ft. ofN 100 ft. & S 50 ft. ofN 100 ft. ofE 35.5 ft. ofW 135.3 ft. of Block 31 2 ORD. NO. EXHmIT "B" CONTRACT FOR SALE AND PURCHASE CITY OF DELRAY BEACH, a Florida municipal corporation, ("Seller"), of 100 N.W. 1st Avenue, Delray Beach, FL 33444 (Phone: 561-243-7000) and MICHAEL WYNN and ROSA WYNN, (Buyer), of 406 S.W. 2nd Street, Delray Beach, FL 33444 hereby agree that the Seller shall sell and Buyer shall buy the following real property ("Property") upon the following tenns and conditions: 1. DESCRIPTION: Town of Delray W 35 ft. ofE 135 ft. ofN 100 ft. & S 50 ft. ofN 100 ft. ofE 35.5 ft. ofW 135.5 ft of Block 31 2. PURCHASE PRICE. . . . . . . . . . . . . . . .US $13,000.00 3. TIME FOR ACCEPTANCE; EFFECTIVE DATE; FACSIMILE: If this offer is not executed by and delivered to all parties OR FACT OF EXECUTION communicated in writing between the parties prior to such offer being withdrawn by the first party signing, the deposit(s), if any, will, at Seller's option, be returned and this 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 or the date the City Commission of the City of Delray Beach approves this Contract. A facsimile copy of this Contract and any signature thereon shall be considered for all purposes as originals. 4. TITLE EVIDENCE: If Buyer chooses to obtain a title insurance commitment, Buyer shall do so at least 7 days before the closing date. 5. CLOSING DATE: This transaction shall be closed and the deed and other closing papers delivered following the expiration of the feasibility study period as provided for in Paragraph L, unless extended by other provisions of the Contract. 6. RESTRICTIONS; EASEMENTS; LIMITATIONS: Buyer shall take title subject to: comprehensive land use plans, 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 12 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. 7. OCCUPANCY: Seller warrants that there are no parties in occupancy other than Seller. Seller shall deliver occupancy of Property to Buyer 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 its existing condition as of time of taking occupancy unless otherwise stated herein. 8. TYPEWRITTEN OR HANDWRITTEN PROVISIONS: Typewritten or handwritten provisions shall control all printed provisions of this Contract in conflict with them. 9. ASSIGNABILITY: Buyer may not assign Contract without the prior approval of the Seller. 10. DISCLOSURES: 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. STANDARDS FOR REAL ESTATE TRANSACfIONS 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 Contract 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 Contract 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. Buyer shall have 5 days from the date of receiving a title commitment to examine it. If title is found defective, Buyer shall, within 5 days thereafter, notify Seller in writing specifying defect(s). If the defect(s) render title unmarket- able, Seller will have thirty (30) days from receipt of notice within which to remove the defect(s), failing which Buyer shall have the option of either accepting the title as it then is or demanding a refund of deposit(s) paid which shall immediately be returned to Buyer; thereupon Buyer and Seller shall release one another of all further obligations under the agreement. Seller will, if title is found unmarketable, use diligent effort to correct defect(s) in title within the time provided therefor, including the bringing of necessary suits. B. Survey: Buyer, at Buyer's expense, within time allowed to deliver evidence of title and to examine same, may have Real Property surveyed and certified by a registered Florida surveyor. If the survey discloses encroachment on Real Property or that improvements located thereon encroach on setback lines, easements, lands of others, or violate any restrictions, Contract covenants or applicable governmental regulation, the same shall constitute a title defect. C. Inere!! and Eere!!~ Seller warrants and represents that there is ingress and egress to the Real Property sufficient for the intended use as described in Paragraph 6, hereof, title to which is in accordance with Standard A. D. Intentionally reserved. E. Liens: Seller shall furnish to Buyer at time of closing an affidavit attesting to the absence, unless otherwise provided for herein, of any financing statements, claims of lien or potentiallienors known to Seller and further attesting that there have been no improvements or repairs to property for ninety (90) days immediately preceding date of closing. If property has been improved, or repaired within that time, Seller shall deliver releases or waivers of mechanics' liens executed by all general contractors, subcontractors, suppliers, and materialmen in addition to Seller's lien affidavit setting forth the names of all such general contractors, subcon- tractors, suppliers and materialmen and further 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 of this Contract. -2- F. Place of closinl!: Closing shall be held in the county where the Real Property is located, at the office of the attorney or other closing agent designated by Seller. G. Time: In computing time periods ofless than six (6) days, Saturdays, Sundays and state or national legal holidays shall be excluded. Any time periods provided for herein which shall end on Saturday, Sunday or a legal holiday shall extend to 5:00 p.m. of the next business day. Time is of the essence in this Contract. H. Documents for Closinl!: 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. EXDenses: Documentary stamps on the deed and recording corrective instruments shall be paid by Buyer. 1. Taxes: Assessments: EXDenses: Taxes, assessments and expenses relative to the property shall be paid through the date of closing. In the event an interim tax bill is not available as of the closing the seller shall escrow adequate funds for the payment of such taxes based upon the closing agents estimate. 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. Feasibility studies: The Buyer shall have sixty (60) business days following the Effective Date of this Contract 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. M. Risk of Loss: If the property is damaged by fire or other casualty before closing and cost of restoration does not exceed 3% of the assessed valuation of the Property so damaged, cost of restoration shall be an obligation of the Seller and closing shall proceed pursuant to the terms of the Contract 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). N. Escrow: Any escrow agent ("Agent") receiving funds or equivalent is authorized and agrees by acceptance of them to deposit them promptly, hold same in escrow and, subject to clearance, disburse them in accordance with terms and conditions of this Contract. Failure of clearance of funds shall not excuse Buyer's performance. Ifin doubt as to Agent's duties or liabilities under the provisions of this Contract, Agent may, at Agent's option, continue to hold the subject matter of the escrow until the parties mutually agree to its disburse- ment, 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., 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. -3- O. Failure of Performance: If Buyer fails to perform this Contract within the time specified (including payment of all deposit(s», the deposit(s) paid by Buyer may be retained by or for the account of Seller as agreed upon liquidated damages. consideration for the execution of this Contract and in full settlement of any claims; whereupon, Buyer and Seller shall be relieved of all obligations under Contract; or Seller, at Seller's option. may proceed in equity to enforce Seller's rights under this 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. P. Contract Not Recordable: Persons Bound: Notice: Neither this Contract nor any notice of it shall be recorded in any public records. This Contract shall bind and enure to the benefit of the parties and their successors in interest. Whenever the context permits, singular shall include plural and one gender shall include all. Notice given by or to the attorney for any party shall be as effective as if given by or to that party. Q. Conveyance: Seller shall convey title to Real Property by quit claim deed. subject only to matters contained in Paragraph 6 and those otherwise accepted by Buyer. Personal Property shall, at request of Buyer, be transferred by an absolute bill of sale with warranty of title, subject only to such matters as may be otherwise provided for herein. R. Other A2reements: No prior or present agreements or representations shall be binding upon Buyer or Seller unless included in this Contract. No modification or change in this Contract shall be valid or binding upon the parties unless in writing and executed by the party or parties intended to be bound by it. S. Warranties: Seller warrants that there are no facts known to Seller materially affecting the value of the Property which are not readily observable by Buyer or which have not been disclosed to Buyer. SELLER: City of Del ray Beach By: Jeff Perlman, Mayor ATTEST: By: By: City Clerk Approved as to Form: By: City Attorney -4- STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me this 11- day of ~ , 200€' by Michael Wynn who is personally known to me or who has produced ftlrlt ~ (type of identification) as identification. dvJ 5t>D- ss ,".~ 1- o(7l-D ~~~ ~\\\\\\UIIJIIII/I/, #O~~"~~N~ Signature of Notary Public- ~ q.: "V:' v()"'IMI.~.~/ .0,)'" ~ ~ Jf. . Þ-.pt! ~= ,.~; ~"9 ~ State of Florida ~ð::;<''õ'~ .~~ - 0" c ,. - =þ!"~. ""0. 4ft ¿.' ~ ";...¡= ~:xJ.!.- ~~;," v ._== ~...£.\~, ~~)~ .~~ STATE OF FLORIDA ~'\;~~'>¡"'o/6' ,"'."~ :;;0,:: " ð!Jo..JI!>,1Ü" ~ COUNTY OF PALM BEACH ~/7.4,; "f" f\.\)~~~ The foregoing instrument was acknowledged before me this l!l...- day of ~,,\\\\~\\~ 200~ by Rosa Wynn who IS personally known to me or who has produced ~J.k iJA. U (type of identification) as identification. -tJ-f 1{¿~-'1;).D·53 -Æ'II-o ~~ Signature of Notary Public- State of Florida ~\\\\\"'""I/IIII~ #O~F."~¡~ ~ ~. ~ cOIAM/$r.·' " ~ :s:... · ~ ',":% ~ · p-pr., v o~."v. ~ ~ ð · ~ j ~ .~~ :::- . ~ 'Cr ~ ::: :::þ!.~" c. ;¡"'þ:= =:0'; '*'ðð. en m .;...¡:= - "" ? ~~.9" '" "-- ..... . ) ~~ ...... -II" . ~ ~~. ~ o'e " .... ~ ~ . 1:\-" '" ~ ~~ ." ~3.!>,1~'.;''''~ ~ .~ " . .. ~ ~ ~/, lE Of f\.\)~ -# '111111111/1 "'\\\\\\~ -5- C2s6~ (i ~-vs- CC , C (J.x ðf ()..JA n G I 20 Monday, September 12, 2005 - Boca Raton/Oelray Beach News· www bocanews com NOTICE OF INTENT TO lEU REAl. PIIOt'ÐITY NOTICE 15 HEREBY GIVEN. thaI the CIty 01 Delray Beach. Ronda. has _r- mHled to sell the following desCnbed property' Town 01 OeIray W 35tt 01 E 135tt 01 N HIOtt &S50ttolN 100tt ofE355 tt oIW 135 5 ft 01 Block 31 . The saIè 01 II1e propef1y IS for pub!1C purposes pursuant to a contract entered Into between the City and MlChaeland Rosa Wynrr Further lI1Ior- =the~=s~~~~ I COmm'SSlon 01 the City 01 Delray Beach, Flonda, shall hold a public hear- mg 00 the proposed sale at II1err regu- lar City CommiSSIon meell11g of Se¡>- !ember 20. 2005 at 7"00 p m. III It1e CIty CommISSIon Chambers. City Hall CITY OF OElRAY BEACH FlORIOA By Chevelle D. Nublll CIty CIeri< Publish September 5 & 12. 2005 Boca RatoMJeIray Beach News Ad #124199 ~ê . C~(){~ ~S, ~ 19S - 6-S 20 MQòday, S-ep!.eml.Jer 5, 2005 - Boca RatonIDelray Baacl¡ News· www bocanews com 100 ANNOUNCEMENTS ---1 100 ~ LEGAL NOTICES _ Of INTENT TO SELL REAl PROfIERTV NOTICE IS HEREBY GIVEN, that the Clt/of Oelray Beach. Flonda, has deter- mmed to sell the following descnbed property' TOWil of Oelray W 35 n ot E 135 n of N 1oon. & SSOn. olN 100n olE 35') ft ofW 135 5 n of Block 31 The sale of the property 1$ lor publIC purposes pursuant to a contract entered Into between the City and MlchaeJ and Rosa Wynn Further Infor· matlon, as available, may be obtained ¡,om the City Clelk's OffIce The Clt, Commission of the City of Delray Beach, Ronda. shall noId a publIC hear- 1ng on the proposed sale at their regu- lar City CommiSSIOn meeûf"g of SeD- tember 20, 2005 at 7 00 P m In the City CommISSion Cf1ambers, GIrl Hall CITY OF DELRAY BEACH. FLORIDA By Chevetle D Nub," Clrl Clelk Publish Sewember 5 & 12 2005 Boca Raton/Oelray &>..ach News .\d #124199