Res 74-05
('
/,\
RESOLUTION NO. 74-05
A RESOLUTION OF THE CITI COMMISSION OF THE CITI
OF DELRA Y BEACH, FLORIDA, AUTHORIZING THE CITI
TO PURCHASE FROM SELLER CERTAIN REAL PROPERTI
IN PALM BEACH COUNTI, FLORIDA, AS DESCRIBED
HEREIN, HEREBY INCORPORATING AND ACCEPTING
THE CONTRACT STATING THE TERMS AND CONDITIONS
FOR THE SALE AND PURCHASE BElWEEN THE SELLERS
AND THE CITI OF DELRAY BEACH, FLORIDA; AND AN
EFFECTIVE DATE.
WHEREAS, the City of Delray Beach, Florida, wishes to acquire certain property generally
located on Northeast 2nd Avenue, just North of East Atlantic Avenue in Delray Beach, Florida, to
provide land for a downtown park, a valid public purpose; and
WHEREAS, the Seller hereinafter named desires to sell the property hereinafter described to
the City of Delray Beach Florida; and
WHEREAS, it is in the best interest of the City of Delray Beach, Florida, to purchase said
property.
NOW, THEREFORE, BE IT RESOLVED BY THE CITI COMMISSION OF THE
CITI OF DELRA Y BEACH, FLORIDA, AS FOllOWS:
Section 1. That the City Commission of the City of Delray Beach, Florida, as Buyer, hereby
agrees to purchase from the Delray Beach Community Redevelopment Agency., as Seller, for the
purchase price of Six Million Five Hundred Thousand Dollars ($6,500,000.00), and other good and
valuable consideration; said parcel being more particularly described as follows:
PARCEL 1:
A PORTION OF BLOCK 76, MAP OF THE TOWN OF LINTON, PLAT BOOK 1,
AT PAGE 3, SECTION 16, TOWNSHIP 46 SOUTH, RANGE 43 EAST, CITI OF
DELRAY BEACH, PALM BEACH COUNTI, FLORIDA, BEING MORE
PARTICULARLY DESCRIBED AS FOllOWS:
COMMENCE AT THE SOUTHEAST CORNER OF LOT 12, BLOCK 76, MAP OF
THE TOWN OF LINTON, ACCORDING TO THE PLAT THEREOF
RECORDED IN PLAT BOOK 1, AT PAGE 3 OF THE PUBLIC RECORDS OF
PALM BEACH COUNTI, FLORIDA AND RUN ON AN ASSUMED BEARING
OF NOOoOO'OO"E ALONG THE EAST LINE OF SAID LOT 12 FOR A DISTANCE
OF 26.00 FEET TO THE POINT OF BEGINNING; THENCE N89006'47''W
('
/,\
ALONG A LINE PARAll.El. WITH AND 26.00 FEET NORTH OF AS
MEASURED AT RIGHT ANGLES TO THE SOUTH LINE OF SAID LOT 12 FOR
A DISTANCE OF 85.08 FEET; THENCE NoooOO'OO"E ALONG A LINE
PARAILEL WITH AND 50.00 FEET EAST OF AS MEASURED AT RIGHT
ANGLES TO THE WEST LINES OF LOTS 12 AND 11 FOR A DISTANCE OF
114.04 FEET; THENCE N89006'47"W ALONG A LINE PARAlLEL WITH AND
9.40 FEET SOUTH OF AS MEASURED AT RIGHT ANGLES TO THE NORTH
LINE OF SAID LOT 11 FOR A DISTANCE OF 50.01 FEET; THENCE
NOooOO'OO"E ALONG THE WEST LINE OF LOTS 11, 10 AND 9 FOR A
DISTANCE OF 98.22 FEET; THENCE S89006'47"E ALONG A LINE PARAT.T.FJ.
WITH AND 210.00 FEET SOUTH OF AS MEASURED AT RIGHT ANGLES TO
THE NORTH LINE OF SAID BLOCK 76 FOR A DISTANCE OF 135.08 FEET;
THENCE SOOoOO'OO"W ALONG THE EAST LINE OF BLOCK 76 FOR A
DISTANCE OF 212.26 FEET TO THE POINT OF BEGINNING.
SAID LANDS SITUATE WITHIN THE CI1Y OF DELRAY BEACH, FLORIDA
CONTAINING 0.56 ACRES MORE OR LESS.
AND
PARCEL 2:
A PORTION OF BLOCK 76, MAP OF THE TOWN OF LINTON, PLAT BOOK 1,
AT PAGE 3, SECTION 16, TOWNSHIP 46 SOUTH, RANGE 43 EAST, CI1Y OF
DELRAY BEACH, PALM BEACH COUNTI, FLORIDA, BEING MORE
PARTICULARLY DESCRIBED AS FOllOWS:
COMMENCE AT THE SOUTHEAST CORNER OF LOT 6, BLOCK 76, MAP OF
THE TOWN OF LINTON, ACCORDING TO THE PLAT THEREOF
RECORDED IN PLAT BOOK 1, AT PAGE 3 OF THE PUBLIC RECORDS OF
PALM BEACH COUNTI, FLORIDA AND RUN ON AN ASSUMED BEARING
OF NOOoOO'OO"E ALONG THE EAST LINE OF SAID LOT 6 FOR A DISTANCE
OF 44.56 FEET TO THE POINT OF BEGINNING; THENCE N90000'00'''W FOR
A DISTANCE OF 124.91 FEET; THENCE NoooOO'oo"E ALONG A LINE
PARAILEL WITH AND 10.00 FEET EAST OF AS MEASURED AT RIGHT
ANGLES TO THE WEST LINES OF LOTS 6, 5, 4 AND 3 FOR A DISTANCE OF
195.63 FEET; THENCE S89006'47"E ALONG A LINE PARAlLEL WITH AND
210.00 FEET SOUTH OF AS MEASURED AT RIGHT ANGLES TO THE NORTH
LINE OF SAID BLOCK 76 FOR A DISTANCE OF 124.92 FEET; THENCE
SoooOO'OO''W ALONG THE EAST LINE OF LOTS 3, 4, 5 AND 6 FOR A
DISTANCE OF 193.69 FEET TO THE POINT OF BEGINNING.
2
RES. NO. 74-05
I
('
"'1
SAID LANDS SITUATE WITHIN THE CITI OF DELRA Y BEACH, FLORIDA
CONTAINING 0.53 ACRES MORE OR LESS.
Section 2. That the terms and conditions contained in the contract for sale and purchase
and addenda thereto between the City of Delray Beach, Florida, and the Seller as hereinabove
named are incorporated herein as Exhibit "A".
Section 3. The City Commission shall consider the purchase at a special meeting to be
held on October 11, 2005.
PASSED AND ADOPTED in regular session on the \ ~ day of O~Cl~
2005.
8#;l~
MAYOR
Attest:
~~-1'\\.~~
Acting city Clerk
3
RES. NO. 74-05
CONTRACT FOR SALE AND PURCHASE
PARTIES: DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY, of 20 North Swinton Avenue,
Delray Beach, Florida (Phone: 561-276-8640) ("Seller"), and the CITY OF DELRAY BEACH, a Florida
municipal corporation, of 100 NW. First Avenue, Delray Beach, Florida 33444 (Phone: (561)243-7090),
hereby agree that the Seller shall sell and Buyer shall buy the following described Real Property and Personal
Property (collectively "Propertv") upon the following terms and conditions, which INCLUDE the Standards for
Real Estate Transactions ("Standard(s)") on the reverse side hereof or attached hereto and riders and any
addenda to this Contract for Sale and Purchase ("Contract").
I. DESCRIPTION:
(a)Legal description of the Real Property located in Palm Beach County, Florida:
See legal description attached hereto and made a part hereof
(b) Street address, city, zip, of the Property is:
II.
PURCHASE PRICE:
$6,500,000.00
PAYMENT:
Amount to close (U.S. cash, LOCALLY DRAWN
certified or cashier's check), subject to
adjustments or prorations
$6,500,000.00
III. 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 on or before
, this offer will be withdrawn. The date of Contract ("Effective Date")
will be the date when the last one of the Buyer and the Seller has signed this offer. A facsimile copy of this
Contract and any signatures thereon shall be considered for all purposes as originals.
IV. TITLE EVIDENCE: Prior to closing, Buyer shall, at Buyer's expense, obtain a title insurance
commitment and, after closing, an owner's policy of title insurance.
V. CLOSING DATE: This transaction shall be closed and the deed and other closing papers delivered
on October 31, 2005, unless modified by other provisions of Contract.
VI. RESTRICTIONS; EASEMENTS; LIMITATIONS: Buyer shall lake 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; and public utility
easements of record.
VII. OCCUPANCY: Seller warrants 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 and the tenant(s) or occupants
shall be disclosed pursuant to Standard F. 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.
VIII. TYPEWRITTEN OR HANDWRITTEN PROVISIONS: Typewritten or handwritten provisions, riders
and addenda shall control all printed provisions of this Contract in conflict with them.
IX. ASSIGNABILITY: (CHECK ONLY ONE): Buyer (1 ) _may assign and thereby be released from any
further liability under this Contract; _may assign but not be released from liability under this Contract; or
---X-may not assign this Contract.
X. SPECIAL CLAUSES; ADDENDA: If additional terms are to be provided, attach addendum and
CHECK HERE ---X-.
By'
I .
DELRAY BEACH COMMUNITY REDEVELOPMENT
:"C~~ _~
CITY OF DELRAY BEACH
TaxlD
Tax ID No.
Page 2 of 6
ADDENDUM TO CONTRACT FOR SALE AND PURCHASE
SELLER:
DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY
BUYER:
PROPERTY ADDRESS:
CITY OF DELRAY BEACH
(Legal description attached hereto)
X. SPECIAL CLAUSES; ADDENDA (Continued):
A. The parties represent and warrant that there is no broker involved in this transaction to whom a
commission would be due.
B. Notwithstanding any provision of this Contract to the contrary, the Buyer agrees to pay the closing
costs relative to this transaction.
C. The subject property is being sold in its 'as is' condition.
SELLi)~ INITIALS:
(-fJ/)~
IALS:
Page 3 of 6
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 provided 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 Contract. 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 30 days, if abstract, or 5 days, if title commitment, from date of
receiving evidence of title to examine it. If title is found defective, Buyer shall, within 3 days thereafter, notify Seller in writing specifying defect(s). If the
defect(s) render title unmarketable, Seller will have 30 days from receipt of notice to remove the defect(s), failing which Buyer shall, within five (5) days after
expiration of the thirty (30) day period, deliver written notice to Seller either: (1) extending the time for a reasonable period not to exceed 120 days within wflich
Seller shall use diligent effort to remove the defects; or (2)requesting a refund of deposit(s) paid which shall immediately be returned to Buyer. If Buyer fails to
so notify Seller, Buyer shall be deemed to have accepted the title as it then is. Seller shall, if title is found unmarketable, use diligent effort to correct defect(s)
in title within the time provided therefor. If Seller is unable to timely correct the defects, Buyer shall either waive the defects, or receive a refund of deposit(s),
thereby releasing Buyer and SeUer from all further obligation under this Contract.
B, SURVEY: Buyer, at Buyer's expense, within time allowed to deliver evidence of title, may have Real Property surveyed and certified by a registered
Florida surveyor. If the survey discloses encroachments on the Real Property or that improvements located thereon encroach on setback lines, easements,
lands of others, or violate any restrictions, Contract covenants or applicable govemmental 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 in Paragraph VI hereof, title to which is in accordance with Standard A.
D. LEASES: Seller shall, not less than 15 days before closing, fumish to Buyercopies of all written leases and estoppel letters from each tenant specifying
the nature and duration ofthe tenant's occupancy, rental rates, advanced rent and security deposits paid by tenant. If Seller is unable to obtain sLlCh letter from
each tenant, the same information shall be fumished 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 potentiallienors known to Seller and further attesting that there have been no improvements or repairs to Property for 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 lien or a claim for damages have been paid or will be paid at closing of this Contract.
F. PLACE OF CLOSING: Closing shall be held in the county where Real Property is located, at the office of the attomeyorother 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. Anytime periods
provided for herein which shall end on Saturday, Sunday or 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 CLOSING: Seller shall furnish deed, bill of sale, construction lien affidavit, owner's possession affidavit, assignments of leases,
tenant and mortgage estoppel letters, and corrective instruments. Buyer shall fumish closing statement, mortgage, mortgage note, security agreement, and
financing statements.
I. EXPENSES: Recording corrective instruments shall be paid by Buyer. Recording of deed shall be paid by Buyer. Unless otherwise provided by law or
rider to this Contract, charges forthe following related title services, namely title or abstract charge, title examination, and settlement and closing fee, shall be
paid by the party responsible for fumishing the title evidence in accordance with Paragraph IV.
J. SPECIAL ASSESSMENT LIENS: Certified, confirmed and ratified special assessment liens as of date of closing (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, any
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.
K. 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 Contract with
restoration costs escrowed at closing. If the cost of restoration exceeds 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 3% or any insurance proceeds payable by virtue of such loss or damage, orof canceling Contract
and receiving return of deposit(s).
L. PROCEEDS OF SALE; CLOSING PROCEDURE: The deed shall be recorded upon clearance of funds. If an abstract of title has been fumished,
evidence of title shall be continued at Buyer's expense to show title in Buyer, without any encumbrances or change which would render Seller's title
unmarketable from the date of the last evidence. All closing proceeds shall be held in escrow by Seller's attorney or other mutually acceptable escrovvagent for
a period of not more than 5 days after closing date. If Seller's title is rendered unmarketable, through no fault of Buyer, Buyer shall, within the 5 day period,
notify Seller in writing of the defect and Seller shall have 30 days from date of receipt of such notification to cure the defect. If Seller fails to timely cure the
defect, all deposit(s) shall, upon written demand by Buyer and within 5 days after demand, be retumed to Buyer and simultaneously with such repayment,
Buyer shall retum Personalty and vacate Real Property and reconvey the Property to Seller by special warranty deed and bill of sale. If Buyer fails to make
timely demand for refund, Buyer shall take title as is, waiving all rights against Seller as to any intervening defect except as may be available to Buyer by virtue
of warranties contained in the deed or bill of sale. If a portion of the purchase price is to be derived from institutional financing or refinancing, requirements of
the lending institution as to place, time of day and procedures for closing, and for disbursement of mortgage proceeds shall control over contrary provision in
this Contract. Seller shall have the right to require from the lending institution a written commitment that it will not withhold disbursement of mortgage proceeds
as a result of any title defect attributable to Buyer-mortgagor. The escrow and closing procedure required by this Standard may be waived if title agent insures
adverse matters pursuant to Section 627.7841. F.S., as amended.
M. ESCROW: Any escrow 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 Contract. Failure of clearance offunds shall not excuse
Buyer's performance. If in doubt as to Agenrs duties or liabilities under the provisions of Contract, Agent may, at Agent's option, continue to hold the subject
matter of the escrow until the parties hereto agree to its disbursement, or until a judgment of a court of competent jurisdiction shall determine the rights of the
Page 4 of 6
parties or Agent may deposit with the c1e~ of the circuit court having jurisdiction of the dispute. Upon notifying all parties concerned of such action, all liability
on the part of Agent shall fully tenninate, except to the extent of accounting for any items previously delivered out of escrow. If a licensed real estate broker,
Agent will comply with provisions of Chapter 475, F.S., 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 attomeys' fees and costs incurred
with these amounts to be paid from and out of the escrowed funds or equivalent and charged and awarded as court costs in favor of the prevailing party. The
Agent shall not be liable to any partyor person for misdelivery to Buyer or Seller of items subject to this escrow, unless such misdeliveryis due towillful breach
of Contract or gross negligence of Agent.
N. ATTORNEY FEES; COSTS: In any litigation, including breach, enforcement or interpretation, arising out of this Contract, the prevailing party in such
litigation which, for the purposes of this Standard, shall include Seller, Buyer, and any brokers acting in agency or nonagency relationships authorized by
Chapter 475, F.S., as amended, shall be entitled to recover from the non-prevailing party reasonable attorney's fees, costs, and expenses.
O. FAlLURE OF PERFORMANCE: If Buyer fails to perfonn this Contract within the time specified (including payment of all deposit{s)), the deposit{s) paid
by Buyer and deposit(s) agreed to be paid, may be recovered and retained by or forthe account of Seller as agreed upon liquidated damages, consideration
forthe 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
ma~etable after diligent effort, Seller fails, neglects or refuses to perfonn 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 inure to the benefit of the parties and their successors in interest. Whenever the context permits, singular shall include plural and one
gender shall include all. Notice given by or to the attorney for any party shall be as effective as if given by or to that party.
Q. CONVEYANCE: Seller shall convey title to Real Property by statutory Special Warranty Deed, subject only to matters contained in Paragraph VI and
those otherwise accepted by Buyer. Personal Property shall, at request of Buyer, be transferred by an absolute bill of sale with warranty of tille, subject only to
such matters as may be otherwise provided for herein.
R. 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.
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.
Page 5 of6
LEGAL DESCRIPTION
PARCEL 1:
A PORTION OF BLOCK 76, MAP OF THE TOWN OF LINTON, PLAT BOOK 1, AT PAGE 3, SECTION 16,
TOWNSHIP 46 SOUTH, RANGE 43 EAST, CITY OF DELRAY BEACH, PALM BEACH COUNTY, FLORIDA,
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE SOUTHEAST CORNER OF LOT 12, BLOCK 76, MAP OF THE TOWN OF LINTON,
ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 1, AT PAGE 3 OF THE PUBLIC
RECORDS OF PALM BEACH COUNTY, FLORIDA AND RUN ON AN ASSUMED BEARING OF NOO'OO'OO"E
ALONG THE EAST LINE OF SAID LOT 12 FOR A DISTANCE OF 26.00 FEET TO THE POINT OF
BEGINNING; THENCE N89'06'47"W ALONG A LINE PARALLEL WITH AND 26.00 FEET NORTH OF AS
MEASURED AT RIGHT ANGLES TO THE SOUTH LINE OF SAID LOT 12 FOR A DISTANCE OF 85.08
FEET; THENCE NOO'OO'OO"E ALONG A LINE PARALLEL WITH AND 50.00 FEET EAST OF AS MEASURED
AT RIGHT ANGLES TO THE WEST LINES OF LOTS 12 AND 11 FOR A DISTANCE OF 114.04 FEET;
THENCE N89'06'47"W ALONG A LINE PARALLEL WITH AND 9.40 FEET SOUTH OF AS MEASURED AT
RIGHT ANGLES TO THE NORTH LINE OF SAID LOT 11 FOR A DISTANCE OF 50.01 FEET; THENCE
NOO'OO'OO"E ALONG THE WEST LINE OF LOTS 11, 10 AND 9 FOR A DISTANCE OF 98.22 FEET;
THENCE S89'06'47"E ALONG A LINE PARALLEL WITH AND 210.00 FEET SOUTH OF AS MEASURED AT
RIGHT ANGLES TO THE NORTH LINE OF SAID BLOCK 76 FORA DISTANCE OF 135.08 FEET; THENCE
SOO'OO'OO"W ALONG THE EAST LINE OF BLOCK 76 FOR A DISTANCE OF 212.26 FEET TO THE POINT
OF BEGINNING.
SAID LANDS SITUATE WITHIN THE CITY OF DELRAY BEACH, FLORIDA
CONTAINING 0.56 ACRES MORE OR LESS.
AND
PARCEL 2:
A PORTION OF BLOCK 76, MAP OF THE TOWN OF LINTON, PLAT BOOK 1, AT PAGE 3, SECTION 16,
TOWNSHIP 46 SOUTH, RANGE 43 EAST, CITY OF DELRAY BEACH, PALM BEACH COUNTY, FLORIDA,
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE SOUTHEAST CORNER OF LOT 6, BLOCK 76, MAP OF THE TOWN OF LINTON,
ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 1, AT PAGE 3 OF THE PUBLIC
RECORDS OF PALM BEACH COUNTY, FLORIDA AND RUN ON AN ASSUMED BEARING OF NOO'OO'OO"E
ALONG THE EAST LINE OF SAID LOT 6 FOR A DISTANCE OF 44.56 FEET TO THE POINT OF
BEGINNING; THENCE N90'OO'OO'''W FORA DISTANCE OF 124.91 FEET; THENCE NOO'OO'OO"E ALONG A
LINE PARALLEL WITH AND 10.00 FEET EAST OF AS MEASURED AT RIGHT ANGLES TO THE WEST
LINES OF LOTS 6, 5, 4 AND 3 FORA DISTANCE OF 195.63 FEET; THENCE S89'06'47"EALONG ALlNE
PARALLEL WITH AND 210.00 FEET SOUTH OF AS MEASURED AT RIGHT ANGLES TO THE NORTH
LINE OF SAID BLOCK 76 FORA DISTANCE OF 124.92 FEET; THENCE SOO'OO'OO"W ALONG THE EAST
LINE OF LOTS 3, 4, 5 AND 6 FOR A DISTANCE OF 193.69 FEET TO THE POINT OF BEGINNING.
SAID LANDS SITUATE WITHIN THE CITY OF DELRAY BEACH, FLORIDA
CONTAINING 0.53 ACRES MORE OR LESS.
Page 6 of6
01\'
#1..
.. /
[IT' DF DElRA' BEA[H
CITY ATTORNEY'S OFFICE
~()() NW h( AVENUE. DELRAY BEACH. FLORIDA 33444
TFJ .t:PHOr\E: 5h 1/~..H-7(}9(). r/\C's 1:\.1 II ~E: 561/271-\-4755
DELRAY BEACH
, L U " I ~ A
.......
AII.America City
, , III! DATE:
1993 TO:
Wrlle(s Direct Line: 561/243-7091
MEMORANDUM
September 30, 2005
City Commission
2001
FROM: Susan A. Ruby, City Attorney
SUBJECT: Resolution 74-05 - Contract for Sale and Purchase between the CRA
and the City of Delray Beach - CRA Parkina Lot
Attached please find Resolution 74-05 which adopts and includes the Contract for
Sale and Purchase between the City of Delray Beach and the CRA in the amount
of $6,500,000.00 for the purchase of the CRNOld School Square parking lot as
shown on the attached survey. This transaction has been advertised and is ready
for approval by the City Commission. The closing is scheduled for October 31,
2005, which will meet our deadlines under the FCT Grant Process.
By copy of this memorandum to David Harden, City Manager, our office is
requesting that this Contract for Sale and Purchase between the CRA and the City
of Delray Beach be placed on the October 11, 1005 City Commission agenda for
approval.
~
SAR:ci
Attachment
Cc: David Harden, City Manager
Robert A. Barcinski, Assistant City Manager
Chevelle Nubin, City Clerk
Diane Colonna, Director of the Community Redevelopment Agency
Robert Federspiel, Esq.
C(~
RESOLUTION NO. 74-05
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AUTHORIZING THE CITY TO
PURCHASE FROM SELLER 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 SELLERS AND THE CITY OF DELRAY BEACH,
FLORIDA; AND AN EFFECTIVE DATE.
WHEREAS, the City of Delray Beach, Florida, wishes to acquire certain property generally
located on Northeast 2nd Avenue, just North of East Atlantic Avenue in Delray Beach, Florida, to
provide land for a downtown park, a valid public purpose; and
,
WHEREAS, the Seller hereinafter named desires to sell the property hereinafter described
to the City of Delray Beach Florida; and
WHEREAS, it is in the best interest of the City of Delray Beach, Florida, to purchase said
property.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF
DELRA Y BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the City Commission of the City of Delray Beach, Florida, as Buyer,
hereby agrees to purchase from the Delray Beach Community Redevelopment Agency., as
Seller, for the purchase price of Six Mil/ion Five Hundred Thousand Dollars ($6,500,000.00), and
other good and valuable consideration; said parcel being more particularly described as follows:
PARCEL 1:
A PORTION OF BLOCK 76, MAP OF THE TOWN OF LINTON, PLAT BOOK 1, AT PAGE 3,
SECTION 16, TOWNSHIP 46 SOUTH, RANGE 43 EAST, CITY OF DELRAY BEACH, PALM
BEACH COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE SOUTHEAST CORNER OF LOT 12, BLOCK 76, MAP OF THE TOWN
OF LINTON, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 1, AT
PAGE 3 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA AND RUN ON
AN ASSUMED BEARING OF NOooOO'OO"E ALONG THE EAST LINE OF SAID LOT 12 FOR A
DISTANCE OF 26.00 FEET TO THE POINT OF BEGINNING; THENCE N89006'47"W ALONG
A LINE PARALLEL WITH AND 26.00 FEET NORTH OF AS MEASURED AT RIGHT ANGLES
TO THE SOUTH LINE OF SAID LOT 12 FOR A DISTANCE OF 85.08 FEET; THENCE
NOOOOO'OO"E ALONG A LINE PARALLEL WITH AND 50.00 FEET EAST OF AS MEASURED
AT RIGHT ANGLES TO THE WEST LINES OF LOTS 12 AND 11 FOR A DISTANCE OF
114.04 FEET; THENCE N89006'47''W ALONG A LINE PARALLEL WITH AND 9.40 FEET
SOUTH OF AS MEASURED AT RIGHT ANGLES TO THE NORTH LINE OF SAID LOT 11
FOR A DISTANCE OF 50.01 FEET; THENCE NOOOOO'OO"E ALONG THE WEST LINE OF
LOTS 11, 10 AND 9 FOR A DISTANCE OF 98.22 FEET; THENCE S89006'47"E ALONG A
LINE PARALLEL WITH AND 210.00 FEET SOUTH OF AS MEASURED AT RIGHT ANGLES
TO THE NORTH LINE OF SAID BLOCK 76 FOR A DISTANCE OF 135.08 FEET; THENCE
SOO.OO'OO"W ALONG THE EAST LINE OF BLOCK 76 FOR A DISTANCE OF 212.26 FEET TO
THE POINT OF BEGINNING.
SAID LANDS SITUATE WITHIN THE CITY OF DELRAY BEACH, FLORIDA
CONTAINING 0.56 ACRES MORE OR LESS.
AND
PARCEL 2:
A PORTION OF BLOCK 76, MAP OF THE TOWN OF LINTON, PLAT BOOK 1, AT PAGE 3,
SECTION 16, TOWNSHIP 46 SOUTH, RANGE 43 EAST, CITY OF DELRAY BEACH, PALM
BEACH COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE SOUTHEAST CORNER OF LOT 6, BLOCK 76, MAP OF THE TOWN
OF LINTON, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 1, AT
PAGE 3 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA AND RUN ON
AN ASSUMED BEARING OF NOO.OO'OO"E ALONG THE EAST LINE OF SAID LOT 6 FOR A
DISTANCE OF 44.56 FEET TO THE POINT OF BEGINNING; THENCE N90.00'OO"'W FOR A
DISTANCE OF 124.91 FEET; THENCE NOO.OO'OO"E ALONG A LINE PARALLEL WITH AND
10.00 FEET EAST OF AS MEASURED AT RIGHT ANGLES TO THE WEST LINES OF LOTS
6, 5, 4 AND 3 FOR A DISTANCE OF 195.63 FEET; THENCE S89.06'47"E ALONG A LINE
PARALLEL WITH AND 210.00 FEET SOUTH OF AS MEASURED AT RIGHT ANGLES TO
THE NORTH LINE OF SAID BLOCK 76 FOR A DISTANCE OF 124.92 FEET; THENCE
SOO.OO'OO"W ALONG THE EAST LINE OF LOTS 3, 4, 5 AND 6 FOR A DISTANCE OF 193.69
FEET TO THE POINT OF BEGINNING.
SAID LANDS SITUATE WITHIN THE CITY OF DELRAY BEACH, FLORIDA
CONTAINING 0.53 ACRES MORE OR LESS.
Section 2. That the terms and conditions contained in the contract for sale and purchase
and addenda thereto between the City of Delray Beach, Florida, and the Seller as hereinabove
named are incorporated herein as Exhibit "A".
Section 3. The City Commission shall consider the purchase at a special meeting to be
held on October 11, 2005.
PASSED AND ADOPTED in regular session on the
day of
,2005.
MAYOR
Attest:
City Clerk
2
RES. NO. 74-05
('
/'1
RESOLUTION NO. 74-05
A RESOLUTION OF THE CITI COMMISSION OF THE CITI
OF DELRA Y BEACH, FLORIDA, AUTHORIZING THE CITI
TO PURCHASE FROM SEllER CERTAIN REAL PROPERTI
IN PALM BEACH COUNTI, FLORIDA, AS DESCRIBED
HEREIN, HEREBY INCORPORATING AND ACCEPTING
THE CONTRACT STATING THE TERMS AND CONDITIONS
FOR THE SALE AND PURCHASE BElWEEN THE SELLERS
AND THE CITI OF DELRA Y BEACH, FLORIDA; AND AN
EFFECTIVE DATE.
WHEREAS, the City of Delray Beach, Florida, wishes to acquire certain property generally
located on Northeast 2nd Avenue, just North of East Atlantic Avenue in Delray Beach, Florida, to
provide land for a downtown park, a valid public purpose; and
WHEREAS, the Seller hereinafter named desires to sell the property hereinafter described to
the City of Delray Beach Florida; and
WHEREAS, it is in the best interest of the City of Delray Beach, Florida, to purchase said
property.
NOW, THEREFORE, BE IT RESOLVED BY THE CITI COMMISSION OF THE
CITI OF DELRAY BEACH, FLORIDA, AS FOllOWS:
Section 1. That the City Commission of the City of Delray Beach, Florida, as Buyer, hereby
agrees to purchase from the Delray Beach Community Redevelopment Agency., as Seller, for the
purchase price of Six Million Five Hundred Thousand Dollars ($6,500,000.00), and other good and
valuable consideration; said parcel being more particularly described as follows:
PARCEL 1:
A PORTION OF BLOCK 76, MAP OF THE TOWN OF LINTON, PLAT BOOK 1,
AT PAGE 3, SECTION 16, TOWNSHIP 46 SOUTH, RANGE 43 EAST, CITI OF
DELRAY BEACH, PALM BEACH COUNTI, FLORIDA, BEING MORE
PARTICULARLY DESCRIBED AS FOllOWS:
COMMENCE AT THE SOUTHEAST CORNER OF LOT 12, BLOCK 76, MAP OF
THE TOWN OF LINTON, ACCORDING TO THE PLAT THEREOF
RECORDED IN PLAT BOOK 1, AT PAGE 3 OF THE PUBLIC RECORDS OF
PALM BEACH COUNTI, FLORIDA AND RUN ON AN ASSUMED BEARING
OF NOOoOO'OO"E ALONG THE EAST LINE OF SAID LOT 12 FOR A DISTANCE
OF 26.00 FEET TO THE POINT OF BEGINNING; THENCE N89006'47''W
('
/'1
ALONG A LINE PARAlLEL WITH AND 26.00 FEET NORTH OF AS
MEASURED AT RIGHT ANGLES TO THE SOUTH LINE OF SAID LOT 12 FOR
A DISTANCE OF 85.08 FEET; THENCE NOooOO'OO"E ALONG A LINE
PARAlLEL WITH AND 50.00 FEET EAST OF AS MEASURED AT RIGHT
ANGLES TO THE WEST LINES OF LOTS 12 AND 11 FOR A DISTANCE OF
114.04 FEET; THENCE N89006'47"W ALONG A LINE PARAlLEL WITH AND
9.40 FEET SOUTH OF AS MEASURED AT RIGHT ANGLES TO THE NORTH
LINE OF SAID LOT 11 FOR A DISTANCE OF 50.01 FEET; THENCE
NOooOO'OO"E ALONG THE WEST LINE OF LOTS 11, 10 AND 9 FOR A
DISTANCE OF 98.22 FEET; THENCE S89006'47"E ALONG A LINE PARATJEl
WITH AND 210.00 FEET SOUTH OF AS MEASURED AT RIGHT ANGLES TO
THE NORTH LINE OF SAID BLOCK 76 FOR A DISTANCE OF 135.08 FEET;
THENCE SOooOO'OO"W ALONG THE EAST LINE OF BLOCK 76 FOR A
DISTANCE OF 212.26 FEET TO THE POINT OF BEGINNING.
SAID LANDS SITUATE WITHIN THE CITI OF DELRAY BEACH, FLORIDA
CONTAINING 0.56 ACRES MORE OR LESS.
AND
PARCEL 2:
A PORTION OF BLOCK 76, MAP OF THE TOWN OF LINTON, PLAT BOOK 1,
AT PAGE 3, SECTION 16, TOWNSHIP 46 SOUTH, RANGE 43 EAST, CITI OF
DELRAY BEACH, PALM BEACH COUNTI, FLORIDA, BEING MORE
PARTICULARLY DESCRIBED AS FOllOWS:
COMMENCE AT THE SOUTHEAST CORNER OF LOT 6, BLOCK 76, MAP OF
THE TOWN OF LINTON, ACCORDING TO THE PLAT THEREOF
RECORDED IN PLAT BOOK 1, AT PAGE 3 OF THE PUBLIC RECORDS OF
PALM BEACH COUNTI, FLORIDA AND RUN ON AN ASSUMED BEARING
OF NOooOO'OO"E ALONG THE EAST LINE OF SAID LOT 6 FOR A DISTANCE
OF 44.56 FEET TO THE POINT OF BEGINNING; THENCE N90000'00'''W FOR
A DISTANCE OF 124.91 FEET; THENCE NOOoOO'oo"E ALONG A LINE
PARAlLEL WITH AND 10.00 FEET EAST OF AS MEASURED AT RIGHT
ANGLES TO THE WEST LINES OF LOTS 6, 5, 4 AND 3 FOR A DISTANCE OF
195.63 FEET; THENCE S89006'47"E ALONG A LINE PARAlLEL WITH AND
210.00 FEET SOUTH OF AS MEASURED AT RIGHT ANGLES TO THE NORTH
LINE OF SAID BLOCK 76 FOR A DISTANCE OF 124.92 FEET; THENCE
SoooOO'oo''W ALONG THE EAST LINE OF LOTS 3, 4, 5 AND 6 FOR A
DISTANCE OF 193.69 FEET TO THE POINT OF BEGINNING.
2
RES. NO. 74-05
('
/'1
SAID LANDS SITUATE WITHIN THE CITI OF DELRA Y BEACH, FLORIDA
CONTAINING 0.53 ACRES MORE OR LESS.
Section 2. That the terms and conditions contained in the contract for sale and purchase
and addenda thereto between the City of Delray Beach, Florida, and the Seller as hereinabove
named are incorporated herein as Exhibit "A".
Section 3. The City Commission shall consider the purchase at a special meeting to be
held on October 11, 2005.
PASSED AND ADOPTED in regular session on the \ ~ day of O~-\()~
2005.
8#;l~
MAYOR
Attest
~~-1'\\.~~
Acting city Clerk
3
RES. NO. 74-05
CONTRACT FOR SALE AND PURCHASE
PARTIES: DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY, of 20 North Swinton Avenue,
Delray Beach, Florida (Phone: 561-276-8640) ("Seller"), and the CITY OF DELRAY BEACH, a Florida
municipal corporation, of 100 NW. First Avenue, Delray Beach, Florida 33444 (Phone: (561)243-7090),
hereby agree that the Seller shall sell and Buyer shall buy the following described Real Property and Personal
Property (collectively "Prooertv") upon the following terms and conditions, which INCLUDE the Standards for
Real Estate Transactions ("Standard(sl") on the reverse side hereof or attached hereto and riders and any
addenda to this Contract for Sale and Purchase ("Contract").
I. DESCRIPTION:
(a) Legal description of the Real Property located in Palm Beach County, Florida:
See legal description attached hereto and made a part hereof
(b) Street address, city, zip, of the Property is:
II.
PURCHASE PRICE:
$6,500,000.00
PAYMENT:
Amount to close (U.S. cash, LOCALLY DRAWN
certified or cashier's check), subject to
adjustments or prorations
$6,500,000.00
III. 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 on or before
, this offer will be withdrawn. The date of Contract ("Effective Date")
will be the date when the last one of the Buyer and the Seller has signed this offer. A facsimile copy of this
Contract and any signatures thereon shall be considered for all purposes as originals.
IV. TITLE EVIDENCE: Prior to closing, Buyer shall, at Buyer's expense, obtain a title insurance
commitment and, after closing, an owner's policy of title insurance.
V. CLOSING DATE: This transaction shall be closed and the deed and other closing papers delivered
on October 31, 2005, unless modified by other provisions of Contract.
VI. 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; and public utility
easements of record.
VII. OCCUPANCY: Seller warrants 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 and the tenant(s) or occupants
shall be disclosed pursuant to Standard F. 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.
Exhibit "A"
VIII. TYPEWRITTEN OR HANDWRITTEN PROVISIONS: Typewritten or handwritten provisions, riders
and addenda shall control all printed provisions of this Contract in conflict with them.
IX. ASSIGNABILITY: (CHECK ONL YON E): Buyer (1) _may assign and thereby be released from any
further liability under this Contract; _may assign but not be released from liability under this Contract; or
-X...may not assign this Contract.
X. SPECIAL CLAUSES; ADDENDA: If additional terms are to be provided, attach addendum and
CHECK HERE-X....
CITY OF DELRAY BEACH
DELRAY BEACH COMMUNITY REDEVELOPMENT
AGENCY
By:
By:
Tax ID No.
Tax ID No.
Page 2 of6
ADDENDUM TO CONTRACT FOR SALE AND PURCHASE
SELLER:
DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY
BUYER:
CITY OF DELRAY BEACH
PROPERTY ADDRESS:
(Legal description attached hereto)
X. SPECIAL CLAUSES; ADDENDA (Continued):
A. The parties represent and warrant that there is no broker involved in this transaction to whom a
commission would be due.
B. Notwithstanding any provision of this Contract to the contrary, the Buyer agrees to pay the closing
costs relative to this transaction.
C. The subject property is being sold in its 'as is' condition.
SELLER'S INITIALS:
BUYER'S INITIALS:
Page 3 of 6
STANDARDS FOR REAL ESTATE TRANSACTIONS
A. EVIDENCE OF TITLE: A tiUe 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 provided 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 Contract. Marketable title shall be detennined according to applicable Title
Standards adopted by authority of The Florida Bar and in accordance with law. Buyer shall have 30 days, jf abstract, or 5 days, if title commitment, from date of
receiving evidence of title to examine it. If title is found defective, Buyer shall, within 3 days thereafter, notify Seller in writing specifying defect(s). If the
defect(s) render title unmarketable, Seller will have 30 days from receipt of notice to remove the defect(s), failing which Buyer shall, within five (5) days after
expiration of the thirty (30) day period, deliver written notice to Seller either: (1) extending the time for a reasonable period not to exceed 120 days within which
Seller shall use diligent effort to remove the defects; or (2)requesting a refund of deposit(s) paid which shall immediately be returned to Buyer. If Buyerfails to
so notify Seller, Buyer shall be deemed to have accepted the title as it then is. Seller shall, if title is found unmarketable, use diligent effort to correct defect(s)
in title within the time provided therefor. If Seller is unable to timely correct the defects, Buyer shall either waive the defects, or receive a refund of deposit(s),
thereby releasing Buyer and Seller from all further obligation under this Contract.
B. SURVEY: Buyer, at Buyer's expense, within time allowed to deliver evidence of title, may have Real Property sUlVeyed and certified by a registered
Florida sUlVeyor. If the sUlVey discloses encroachments on the 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, INGRESS AND EGRESS: Seller warrants and represents that there is ingress and egress to the Real Property sufficient for the intended use as
described in Paragraph VI hereof, title to which is in accordance with Standard A.
D. LEASES: Seller shall, not less than 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 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 selVe as a basis for a
mechanic's lien or a claim for damages have been paid or will be paid at closing of this Contract.
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 SeUer.
G. TIME: In computing time periods of less than six (6) days, Saturdays, Sundays and state or national legal holidays shall be excluded. Anytime periods
provided for herein which shall end on Saturday, Sunday or 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 CLOSING: Seller shall fumish deed, bill of sale, construction lien affidavit, owner's possession affidavit, assignments of leases,
tenant and mortgage estoppel letters, and corrective instruments. Buyer shall fumish closing statement, mortgage, mortgage note, security agreement, and
financing statements.
I. EXPENSES: Recording corrective instruments shall be paid by Buyer. Recording of deed shall be paid by Buyer. Unless otherwise provided by law or
rider to this Contract, charges forthe following related title selVices, namely title or abstract charge, title examination, and settlement and closing fee, shall be
paid by the party responsible for furnishing the title evidence in accordance with Paragraph IV.
J. SPECIAL ASSESSMENT LIENS: Certified, confirmed and ratified special assessment liens as of date of closing (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, any
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.
K. 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 Contract with
restoration costs escrowed at closing. If the cost of restoration exceeds 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 3% or any insurance proceeds payable by virtue of such loss or damage, orofcanceling Contract
and receiving retum of deposit(s).
L, PROCEEDS OF SALE; CLOSING PROCEDURE: The deed shall be recorded upon clearance of funds. If an abstract of title has been furnished,
evidence of title shall be continued at Buyer's expense to show title in Buyer, without any encumbrances or change which would render Seller's title
unmarketable from the date of the last evidence. All closing proceeds shall be held in escrow by Seller's attorney or other mutually acceptable escrow agent for
a period of not more than 5 days after closing date. If Seller's title is rendered unmarketable, through no fault of Buyer, Buyer shall, within the 5 day period,
notify Seller in writing of the defect and Seller shall have 30 days from date of receipt of such notification to cure the defect. If Seiler fails to timely cure the
defect, all deposit(s) shail, upon written demand by Buyer and within 5 days after demand, be retumed to Buyer and simultaneously with such repayment,
Buyer shail return Personalty and vacate Real Property and reconvey the Property to Seller by special warranty deed and bill of sale. If Buyer fails to make
timely demand for refund, Buyer shall take title as is, waiving all rights against Seller as to any intelVening defect except as may be available to Buyerbyvirtue
of warranties contained in the deed or bill of sale. If a portion of the purchase price is to be derived from institutional financing or refinancing, requirements of
the lending institution as to place, time of day and procedures for closing, and for disbursement of mortgage proceeds shall control over contrary provision in
this Contract. Seiler shall have the right to require from the lending institution a written commitment that it will not withhold disbursement of mortgage proceeds
as a result of any title defect attributable to Buyer-mortgagor. The escrow and closing procedure required by this Standard may be waived if title agent insures
adverse matters pursuant to Section 627.7841, F.S., as amended.
M, ESCROW: Any escrow agent (""AmID!"") 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 Contract. Failure of clearance of funds shail not excuse
Buyer's performance. If in doubt as to Agent's duties or liabilities under the proVisions of Contract, Agent may, at Agent's option, continue to hold the subject
matter of the escrow until the parties hereto agree to its disbursement, or until a judgment of a court of competent jurisdiction shall detennine the rights of the
Page 4 of 6
parties or Agent maydeposit with the c1el1c; of the circuit court having jurisdiction of the dispute. Upon notifying all parties concerned of such action, all liability
on the part of Agent shall fully tenninate, except to the extent of accounting for any items previously delivered out of escrow. If a licensed real estate broker,
Agent will comply with provisions of Chapter 475, F.S., 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 attorneys' fees and costs incurred
with these amounts to be paid from and out of the escrowed funds or equivalent and charged and awarded as court costs in favor of the prevailing party. The
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 duetowillful breach
of Contract or gross negligence of Agent.
N. ATTORNEY FEES; COSTS: In any litigation, including breach, enforcement or interpretation, arising out of this Contract, the prevailing party in such
litigation which, for the purposes of this Standard, shall include Seller, Buyer, and any brokers acting in agency or nonagency relationships authorized by
Chapter 475, F.S., as amended, shall be entitled to recover from the non-prevailing party reasonable attomey's fees, costs, and expenses.
O. FAILURE OF PERFORMANCE: If Buyerfails to perfonn this Contract within the time specified (including payment of all deposit(s)), the deposit(s) paid
by Buyer and deposit(s) agreed to be paid, may be recovered and retained by orfor the account of Seller as agreed upon liquidated damages, consideration
for the execution of this Contract and in full settlement of anycJaims; whereupon, Buyer and Seller shall be relieved of all obligations under Contract; orSeller,
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
mal1c;etable after diligent effort, Seller fails, neglects or refuses to perform this Contract, the Buyer may seek specific perfonnance or elect to receive the retum
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 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 attomey 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 statutory Special Warranty Deed, subject only to matters contained in Paragraph VI 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 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.
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.
Page 5 of 6
LEGAL DESCRIPTION
PARCEL 1:
A PORTION OF BLOCK 76, MAP OF THE TOWN OF LINTON, PLAT BOOK 1, AT PAGE 3, SECTION 16,
TOWNSHIP 46 SOUTH, RANGE 43 EAST, CITY OF DELRAY BEACH, PALM BEACH COUNTY, FLORIDA,
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE SOUTHEAST CORNER OF LOT 12, BLOCK 76, MAP OF THE TOWN OF LINTON,
ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 1, AT PAGE 3 OF THE PUBLIC
RECORDS OF PALM BEACH COUNTY, FLORIDA AND RUN ON AN ASSUMED BEARING OF NOO'OO'OO"E
ALONG THE EAST LINE OF SAID LOT 12 FOR A DISTANCE OF 26.00 FEET TO THE POINT OF
BEGINNING; THENCE N89'06'47"W ALONG A LINE PARALLEL WITH AND 26.00 FEET NORTH OF AS
MEASURED AT RIGHT ANGLES TO THE SOUTH LINE OF SAID LOT 12 FOR A DISTANCE OF 85.08
FEET; THENCE NOO'OO'OO"E ALONG A LINE PARALLEL WITH AND 50.00 FEET EAST OF AS MEASURED
AT RIGHT ANGLES TO THE WEST LINES OF LOTS 12 AND 11 FOR A DISTANCE OF 114.04 FEET;
THENCE N89'06'47"W ALONG A LINE PARALLEL WITH AND 9.40 FEET SOUTH OF AS MEASURED AT
RIGHT ANGLES TO THE NORTH LINE OF SAID LOT 11 FOR A DISTANCE OF 50.01 FEET; THENCE
NOO'OO'OO"E ALONG THE WEST LINE OF LOTS 11, 10 AND 9 FOR A DISTANCE OF 98.22 FEET;
THENCE S89'06'47"E ALONG A LINE PARALLEL WITH AND 210.00 FEET SOUTH OF AS MEASURED AT
RIGHT ANGLES TO THE NORTH LINE OF SAID BLOCK 76 FOR A DISTANCE OF 135.08 FEET; THENCE
SOO'OO'OO''W ALONG THE EAST LINE OF BLOCK 76 FOR A DISTANCE OF 212.26 FEET TO THE POINT
OF BEGINNING.
SAID LANDS SITUATE WITHIN THE CITY OF DELRAY BEACH, FLORIDA
CONTAINING 0.56 ACRES MORE OR LESS.
AND
PARCEL 2:
A PORTION OF BLOCK 76, MAP OF THE TOWN OF LINTON, PLAT BOOK 1, AT PAGE 3, SECTION 16,
TOWNSHIP 46 SOUTH, RANGE 43 EAST, CITY OF DELRAY BEACH, PALM BEACH COUNTY, FLORIDA,
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE SOUTHEAST CORNER OF LOT 6, BLOCK 76, MAP OF THE TOWN OF LINTON,
ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 1, AT PAGE 3 OF THE PUBLIC
RECORDS OF PALM BEACH COUNTY, FLORIDA AND RUN ON AN ASSUMED BEARING OF NOO'OO'OO"E
ALONG THE EAST LINE OF SAID LOT 6 FOR A DISTANCE OF 44.56 FEET TO THE POINT OF
BEGINNING; THENCE N90'00'00"'W FOR A DISTANCE OF 124.91 FEET; THENCE NOO'OO'OO"E ALONG A
LINE PARALLEL WITH AND 10.00 FEET EAST OF AS MEASURED AT RIGHT ANGLES TO THE WEST
LINES OF LOTS 6, 5,4 AND 3 FOR A DISTANCE OF 195.63 FEET; THENCE S89'06'47"E ALONG A LINE
PARALLEL WITH AND 210.00 FEET SOUTH OF AS MEASURED AT RIGHT ANGLES TO THE NORTH
LINE OF SAID BLOCK 76 FORA DISTANCE OF 124.92 FEET; THENCE SOO'OO'OO''W ALONG THE EAST
LINE OF LOTS 3, 4, 5 AND 6 FOR A DISTANCE OF 193.69 FEET TO THE POINT OF BEGINNING.
SAID LANDS SITUATE WITHIN THE CITY OF DELRAY BEACH, FLORIDA
CONTAINING 0.53 ACRES MORE OR LESS.
Page 6 of 6
C-c
Cato/~
www.OOcanews.oom.BocaRatoolDelrayBeach News ~ FlidaylSabJrday, October 7-8, 2005 23
~
I.EcW. None..
.u1_utllJUJ
TO~1UL1IIlCftRTY
NOTICE lS HEREBY GIVE.N,thatlllB
Cilyofoetraygeach,florida,isCllnsid-
~ng~=,~~~=
~~,~~~
park,avalidpublk:{Ib1'pDSe,described
as follows:
PARCELl:
A PORTION Of BlOCK 76, MAP Of
lliETOWNOFUNTON. PLATBOOK 1,
AT PAGE 3, SECTION 16, TOWNSHIP
46 SOUTH. RANGE 43 EAST, ClTY OF
DELRAY BEACH, PALM BEACH
COUNTY, fLORlOA, BEING MORE
PARTICULARLY DESCRIIlfOAS FOl-
"""S
COMMENCE AT THE SOUTHEAST
CORNER OF LOT 12,BLOCK 76. MAP
OFMTOWNOFLI.NTON,ACCORD-
INGTOTHEPLATlllEREOFRECORD-
ED IN.PlATBOOK1,ATPAGE30F
THE PUBLIC RECORDS OF PALM
BEACH COUNTY. FLORIDA AND RUN
00 AN ASSUMED BEARING.Of NOO
degrees lXYOO"e ALONG TI:lE EAST
LINE OF SAID lOT 12 fOR A rn5-
TANCE Of 26.00 FEET TO THE POtNT
OF BEGINNtNG; niENCE N89 degrees
06'47'W ALONG A UNE PARALLEL
WITH AND 26.00 FEET NORTH OF AS
MfASURED AT RIGHT ANGLES TO
lliE SOUTH LINE OF SAID LOT 12
fOR A DISTANCE OF 85.08 ffET:
:ff1W'tP~~W~OO~DAL~~
fEETEASTOFAS~UREDAT'
RIGHT ANGLfS TO THE WEST LINES
OFLOTS12AND 11 FOAADlSTANCE
OF114,!)HEfT;THENCEN89c1eOrees
06'4TWAlONGAUNEPARAL1..EL
WlTH AND 9.40 FEETSOl.I1li Of AS
MEASURED AT RIGHT ANGL.fS .TO
THE NORTH LINE OF,SAID LOT 11
FOR A DlSTANCE OF SO.01 FEET:
THENCE NlIOdegrees oo'OO"E ALONG
THE WEST lINE,OF LOTS 11, 10AND
9 FOR A DISTANCE OF 98.22 FEET;
THENCE S89"06'-4TE ALONG A LINE
PARALLEL WITH AND 210.00 FEfT
, SOlJTH OF AS MEASURED AT RIGHT
ANGLES TO THE NORlJ-{ LINE OF
SAID BLOCK 76 FOR A DISTANC~ OF
~OO~~d~~E~L~~
BLOCK 76'FOR'A DISTANCE OF
212.26FEfTTOTHEPQlNTOFBEGIN-
NING.
SAID LANDS SITUATE WITHIN THE
CITY OF DELRAYBEACH, RORIDA
CONTAINING 0.56 ACRES MORE 00
lfSS
~
LE..... NOTICES
ANU
PARCt:L2: .
APORTlON OF BLOCK 76, MAP OF
THETQWNOFlINTON,PLATllOl)!(l.
AT PAGE 3, SECTlON 16. TOWNSHIP
46SQUTH,RANGE43EAST,CITYOF
DELRAY BEACH, PALM BEACH
COUNTY" FLORlDA. BEING MORE
PARTICULARLY Dl'SCRIBfO AS FOL-
, LOWS:
COMMENCE, ,AT THE SOUTHEAST
CORtER OF LOT 6, BLOCK 76, MAP
OF THE TOWN OF LINTON, ACcdRD--
lNGTOTHE Pl.ATTHEREOF RECORD-
ED IN PtAT 1lOOK1,AT PAGE 3 OF
THE PUBLIC RECORDS OF PALM
BEACH COUNTY, FLORIDA AND RUN
ON AN ASSUMED BEARING OF Noo
degrees oo'OO"E ALDNG THE EAST
UNE Of SAID LOT 6 FORA DISTANCE
OF44:56ffiTTOlHEPoINTOF
BEGINNING; lHENCE N90 degre8S
OO'OO"W FQR A DISTANCE DF 124.91
~J~EL~~~m~~~
10.00fffT EAST OF AS MEASURED
AT RIGHT ANGLES TO THE WEST
LINES Of LaTS 6,5,4AN03FORA
DISTANCE OF 195.63 fffT; THENCE
S89dei!rees06'4rEALONGAUNE
PARAUfL WITH AND 210:00 FEET
SOUTH OF AS MEASURED AT R1GHT
ANGLES TO THE NORTI-l LINE OF
SAID BLOCK 76 FOR A01STANCE OF
124.92 FEET; THENCE soo degrees
OO'OO"W ALONG THE EAST UNE OF
lOTS3,4,5AND6FOR A DISTANCE
OF 193.69 FEET TO THE POINT,OF
BEGINNING.
SAID LANOS SITUATE WlTH1N THE
CITYOFDELAAYBEACH,FLORIDA
CONTAINING 0.53 ACRES MOOE OR
lESS
The purthase' is for Six Minion Frw
Hundred Thll1lSalld Dollars
($6,SOO,OOO.OOlandissubjecl:lolhe
termsandcoriditionsCll1llecontraclon
flle....;thfheCilyCIerk.Aresolutionof
1he~ComrnissiolIoftheCilyofDef-
r11jBeach,Floridasettingforthameef-
ingaridau\tlorizioglheputhaseof
prope!1yandlnOOfllClfiltilathl:lltlrms
ardcoridilionsofsucllpurchasewiB
~~at~r~tot~~~
6:00 p.m. on Tuesday, 0C10bel" 11,
"""
CITYOFDElRAYBEACH,FLORIDA
CheYelleD.Nubin
ClfyClel1c
PUBusttSept. 30lh & Oct. 7Ih,2005
BocaRatoolDeIrayBeacllNews
Ad 112-4674
cc
www.bocanews.com . Boca RatonIDelray Beach News - Fri~ay, ~Ptember 3O-OcIDber 1, 2005
, --' --.
. , , '--.-.
IlUfJI;I. Of mDf1'
TOACClUlIlEllULi'IIllPEITY
NOTICE IS HffiEBY GIVEN, IhaIthe
CityofDeIr3yBeach,FIorlda,istoflSrl-
eting the purchaseol C8f1ain real prop--
ertylocalBdooNortheasl2odAIIl3I1Ile,
just Nor1IIotEastAllanticAvellUllln
DtllrayBeach,AoridaloradowJ1town
park.avalid,publicpurpose,desi;ribed
as/al!ows:
PARCELl:
A PORTION OF BLOCK 16. MAP OF
THETOWNOFlINTON. PLAT800K 1,
AT PAGE 3, SfCTION 16, TOWNSHIP
46SOUTH,RANGE43EAST,CrrYOF
DELRAY BEACH" PALM BEACH
COUNTY, FLORIDA. BEING MORE
PARTlCUlARlY DESCRIBED AS FOL-
L"'"
COMMENCE AT THE SOUTHEAST
CORNER OF LOT 12, BlOCK 76, MAP
OF THE TOWN OF LINTON. ACCQRl}.
ING TOTHE PlATTHEREOF RECORD-
ED IN PLAT BOOK 1, AT PAGE 3 Of
THE PUftllC RECORDS,-OF PALM
BEACH COONTY, flORIDA AND AUN
ON AN ASSUMED BEARING OF NOO
~~ee&~1f6101-~~A~
TANCE Of 26.00 FEET TO THE POlNT
~.:r~~THf~~~=
WITH AND 26.00 FEET NORTH OF AS
MEASURfD AT RIGHT ANGUS TO
THE SOUTH LINE Of SAID lOT 12
FOR A DISTANCE OF 85.08 FEET:
~~
LEGAL NOTICES LEGAL NoTICES
1H~~tp~~lIU~DA1-~;
FEET EAST OF AS MEASURED AT
RIGHT ANGLES TO THE MST LINES
OfLOTS12ANDllFORAOlSTANCE
:::.~l~04:r~tl1~1~irW~
WITH AND 9.40 FEET SOUTlt OF AS
MEASURED AT RIGHT ANGLES TO
THE NOflTH UNE OF SAID LOT 11
FOR'A DISTANCE OF 50.01 feET;
THENCE NOOclegreesOO'OO"E ALONG
THE WEST UM: Cl'lOTS 11,10AND
9 FOR ADISTM(:E OF 98.22 feET;
THENCE S89"06'47"EALONG AUNE
PARAUfl WITH AND 210.00 feET
SOUTH DF foS MEfoSURED AT RIGHT
ANGLES TO THf NORTH LINE OF
SAID BLOCK 76 FOR A DISTANCE OF
~~08"W Td~~E~ L~"m
BLOCK 76 FOR A DISTANCE OF
212.26fEETTOTHEPOINTOfBEGIN--
NING
SAID LANDS SITUATE WITHIN THE
CllYOFDElRAYBEACH,flORIDA
CONTAINING 0.56 ACRES MORE OR
LESS
AND
PARCEL 2:
A PORTION OF BLOCK 76, MAP Of
THETOWNOF LINTON, PlAT BOOK 1.
AT PAGE 3, SECTION 16, TOWNSHIP
46SOUlli,RANGE43 EAST. CtTY OF
DURAY BEACH, PALM BEACH
COUNTY, FlORIDA, BEING MORE
PARTICULARLY llESCRIBEO r>SfOl-
Lom
COMMENCE AT THE SOUTHEAST
CORNEROFLOT6,BlOCK76,MAP
OF THE TOWN OF LINTON, ACCORO-
INGTOTHEPlATTHEREDFRECORD-
ED IN PlAT BOOK 1, AT PAGE 3 OF
THE PUBLIC RECORDS Of PALM
BfACHCOUNTY,flOR1OAAND RUN
ON AN ASSUMED BEARING OF NOll
degrees OOWE ALONG THE EAST
LINE OF SAlD LOT6 FOR A DISTANCE
OF 44.56 feET TO THE POINT OF
li!i~~~~6r~!i~~OF~:g~
~~~ElI2~ I~M'rrtM~'~6
1000 FffT EAST Of AS MEASURED
AT RIGHT ANGLfS TO THE \NEST
LINES OF lOTS 6,5,4 AND 3 FORA
DISTANct:OFl95-63fEET;THENCE
S89 degrees06'47"E AlONG A tiNE
PARALLfl WITH AND 210.00 FEET
SOUTH OF AS MEASURED AT RtGHT
AM:;L~tJ IU It1I: NUtllM LiNt Ut
SAlDBLOCK 76 FOR A OlSTANCEOf
~~~~6N~~~ L~"m
lOTS3,4,5AND6 FORA DISTANCE
Qf 193.69 feET TO rnE PQINT OF
BrotNNtNG
SAlD LANDS SITUATE WITHIN THE
CITYOFOElRAYBEACH,FLORIDA
CONTAlNING 0.53 ACRES MORE OR
LESS
The purchase is kll" Sil< Million Five
Hulldred Tlwusand Dollars
i$6,500,OOO.OOl,andissubjecttolhe
termsandcoodiboosoltheCOlltraCton
filewiththeCityClerltAresolutiOll.of
theCllyComrrnssionoltheCilyofDe~
ray Beach,FIorida setring forth a meet-
ingandaulllortzilglhepurchaseof
prnpertyandiocorporatingthe\&rms
aoo conditions 01 such purchase will
=~J~=~onfo~thr:~~
6:00 p,m. on Tuesday, October 11,
2005
CITYOFOELRAYBEACH,FLORlOA
ChevetleD,Nubin
CilyClerk
PUBUSH;5ept30th &Od.7th,2005
Boca RafoJ\lUenyBeach News
Ad #124674
() Mol CU<-~
23