Res 80-05
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RESOLUTION NO. 80-05
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF DELRA Y BEACH, FLORIDA, AUTHORIZING THE CITY
TO TRANSFER/SELL REAL PROPERTY IN THE CITY OF
DELRAY BEACH WHICH PROPERTY IS LOCATED AT 511
NW 2ND STREET, AS MORE PARTICULARLY DESCRIBED
HEREIN, TO FRITZNEL BEAUFRERE, A SINGLE MAN,
AND GERTA LOMBARD, A SINGLE WOMAN, TO BE
UTILIZED AS HOUSING AS PART OF THE CARVER
SQUARE RELOCATION PROJECT.
WHEREAS, the City of Delray Beach, Florida, desires to transfer/sell property located at
511 N.W. 2nd Street for the purpose of providing housing as part of the Carver Square Relocation
Project; and
WHEREAS, the City acquired the property from the County as the result of unpaid
property taxes; and
WHEREAS, the City Commission has determined that it is in the best interest of the City of
Delray Beach, Florida, to transfer/sell said property for the purpose described above; and
WHEREAS, the City Commission has determined that the transfer/sale of the property
described above will promote the general welfare of the residents of the Delray Beach.
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 transfer/sell the East 50' of the West 150' of Block 18, Town of Delray according to Plat
Book 1, Page 3, of the Public Records of Palm Beach County, Florida, to Fritznel Beaufrere, a single
man and Gerta Lombard, a single woman.
Section 2. That the terms and conditions contained in the Contract for Sale and Purchase
and addenda thereto between the City of Delray Beach, Florida, and the Buyer as hereinabove
named are incorporated herein.
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PASSED AND ADOPTED in regular session on the ~ day of ~~.J) ,
'-
2005.
ATTEST:
8~of ~
~- ~.~. ~\~.~,
City Clerk
2
RES. NO. 80-05
CONTRACT FOR SALE AND PURCHASE
PARTIES: CITY OF DELRAY BEACH, a Florida municipal corporation, 100 N.W. l't
Avenue, Delray Beach, FL 33444 (Phone: 561-243-7000), ("Seller"), and the
FRITZNEL BEAUFRERE, a single man, and GERTA LCHBARD, a single woman, ("Buver"), 20
N. Swinton Avenue, Delray Beach, FL 33444 (Phone: 561-276-8640), hereby agree
that the Seller shall sell and Buyer shall buy the following described Real
Property and Personal Property (collectively "Property") upon the following terms
and conditions, which INCLUDE the Standards for Real Estate Transactions
("Standard{s)") 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: Town of Delray, E50 feet of W150 feet of 5150 feet of Block 18,
The above being the Real Property described under Tax Certificate Number
11716 in the Tax Deed recorded in Official Record Book 15665, Page 1897,
Public Records of Palm Beach County, Florida.
Property Control No. 12-43-46-16-01-018-0060
(b) Street address, city, zip, of the Property is: 511 N.W. 2nd Street.
Delray Beach, Florida 33444
II.
PURCHASE PRICE
PAYMENT:
$40,000.00
(a)
Deposit(s) to be held in escrow by Robert W.
Federspiel, P.A. Trust Account in the amount of
$ 5,000.00
(b)
Balance to close shall be paid in the form of
U.S. cash or a LOCALLY DRAWN certified or
cashier's check, subject to adjustments
or prorations
$35,000.00
III. TIME FOR ACCEPTANCE; EFFECTIVE DATE; FACSIMILE: I f this offer is not
executed by and delivered to all parties OR FACT OF EXECUTION communicated in
writing between the parties on or before December 1. 2005. the deposit(s) will,
at Buyer's option, be returned and this offer 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: Within thirty (30) days from the Effective Date of this
Contract, (CHECK ONLY ONE): Seller shall, at Seller's expense, deliver to
Buyer or Buyer's attorney; OR X Buyer shall at Buyer's expense obtain (CHECK
ONLY ONE) : abstract of title or X title insurance commitment (with legible
copies of instruments listed as exceptions attached thereto) 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 within one hundred twenty (120) calendar days following
the execution of this Contract, 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; public utility
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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 7-1/2
feet in width as to the side lines, unless otherwise stated herein); taxes for
year of closing and subsequent years; assumed mortgages and purchase money
mortgages, if any (if additional items, see addendum); provided that there exists
at closing no violation of the foregoing.
VII. OCCUPANCY: Seller warrants there are no parties in occupancy other than
Seller; Seller shall deliver occupancy of Property to Buyer at time of closing
subject to Paragraph XI E.
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 ~ may not assign this Contract.
X. DISCLOSURES:
(a) Radon is a naturally occurring radioactive gas that, when
accumulated in a building in sufficient quantities, may present
health risks to persons who are exposed to it over time. Levels of
radon that exceed federal and state guidelines have been found in
buildings in Florida. Addi tional information regarding Radon or
Radon testing may be obtained from your County Public Health unit.
(b) Buyer may have determined the energy efficiency rating of the
residential building, if any is located on the Real Property.
XI. SPECIAL CLAUSES; ADDENDA: If additional terms are to be provided, attach
addendum and CHECK HERE ~.
XII VOIDABILITY: Buyer and Seller agree that this Contract is contingent upon
the Seller's ability to successfully quiet title to the property described in
Paragraph I. In the event that title is not successfully quieted, the contract
shall be void and there shall be no liability on either the Buyer or Seller for
failure to continue to perform under the terms of this Contract.
Date
1//03/0,)'
D?j:e
~el'1urr~
S~~i;~x s~~uJ~ :y t;9 Z -/5- 7 ?~7
GERTA LOMBARD
BY:~ l~ II/o.3k;-S
Date
FRITZ~~E
By: ~ L".,,~
pril: Name: Yl-&nE,L
CITY OF DELRAY BEACH
By:
Print Name:
Tax ID No.
Social Security SCt Q L/ / L --;>, ~;)
or Tax ID.No. ~- r-~{)
Deposit(s) under Paragraph II(a) received; IF OTHER THAN CASH, THEN SUBJECT TO
CLEARANCE: ROBERT W. FEDERSPIEL, P.A. (Escrow Agent)
By:
2
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ADDENDUM TO CONTRACT FOR SALE AND PURCHASE
SELLER:
CITY OF DELRAY BEACH, a Florida municipal corporation
BUYER:
FRITZNEL BEAUFRERE, a single man, and GERTA LOMBARD, a single
woman
PROPERTY ADDRESS: 511 N.W. 2nd Street, Delray Beach, Florida
XI. SPECIAL CLAUSES; ADDENDA (Continued):
A. FOREIGN INVESTMENT IN REAL PROPERTY TAX ACT ("FIRPTA"): The parties
shall comply with the provisions of Internal Revenue Code Section 1445 and
applicable Treasury Regulations issued thereunder. If the Seller is a U.S. person
for Internal Revenue Code Section 1445 purposes, then on demand of the Buyer and
prior to closing the Seller shall provide the Buyer with a certificate of non-
foreign status in the manner provided in Treasury Regulations Section 1.1445-2.
If the Seller provides the Buyer with such certificate, and if the Buyer is
otherwise permitted to rely on such certificate under those Regulations, the
Buyer shall not withhold under Internal Revenue Code Section 1445.
If the Seller is a 'foreign person' as defined by the Internal Revenue
Code, the Buyer generally is required to withhold 10% of the gross sales price
from the Seller at closing and to pay the withheld amount over to the Internal
Revenue Service (IRS) unless an applicable exemption from withholding or a
limitation on the amount to be withheld is available. To the extent that the cash
to be paid over to the Seller at closing is insufficient to cover the Buyer's
withholding obligation, the Seller shall provide to the Buyer at closing cash
equal to such excess for purposes of making such withholding payment. If the
Seller's federal income tax on the gain is less than the applicable withholding
amount, the Seller may make advance application to the IRS for reduced
withholding and, if granted, the Buyer shall withhold only the authorized reduced
amount. If such ruling has not been received by closing, the parties at closing
shall enter into an escrow agreement reasonably ,satisfactory to the Buyer and
Seller pending receipt of the ruling, provided that at closing the Seller shall
have the obligation to provide to the escrow agent from the closing proceeds (or
from the Seller's other resources if necessary) cash equal to the maximum
required withholding, with any excess withholding being refundable to the Seller
upon receipt of a favorable ruling from the IRS.
Buyer and Seller understand that the IRS requires the Buyer and the
Seller to have a U.S. federal taxpayer identification number and to supply that
number on the foregoing forms. A foreign individual may acquire an International
Taxpayer Identification Number for this purpose. Since it may take several weeks
to receive the number after application and the IRS will not process these forms
without the actual number, a party lacking a TIN is advised to apply immediately.
B. The Buyer shall have sixty (60) calendar days within which to conduct
any and all feasibility studies and determinations relative to the suitability for
the acquisition of the subject property by the Buyer and the Buyer reserves the
express right to terminate this Contract at any time during said period for any
reason or no reason, in Buyer's sole discretion, whereupon Buyer shall receive a
full refund of all deposit monies paid hereunder. Buyer shall be granted
reasonable access to the premises to conduct such feasibility studies and
determinations, including environmental assays, core drilling, surveys, soil
sampling and other such testing.
C. This Contract is expressly contingent and conditioned upon the approval
of the same by the City Commission of the City of Delray Beach.
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D. The parties represent and warrant that there is no broker involved in
this transaction to whom a commission would be due.~~~
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SELLERS' INITIALS:
BUYER'S INITIALS:
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STANDARDS I'oa IUIAL BSTATB TRUlllAC'l'IONS
A. av%~ or TI~I (llAn abstract of title prepared or brought current by a reputable and existing abstract
firm lif not existing then certified as correct by an existing fi~1 purporting to be an accurate synopsis of the
instruments affecting title to Real Property recorded in the public records of the county wherein Real Property is
located, through Effective Date. It shall commence with the earliest public records, or such later date as may be
customary in the county. upon Closing of this Contract, the abstract shall become the property of Buyer. subject to
the right of retention thereof by first mortgagee until fully paid. (2) A title insurance camucitment issued ~ 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: (I) 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 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 Seller from all further
obligation under this Contract.
.. PtJJtCB&a MODY _'1'QAG8, S&CDJl%'rY ....----, 'fO DLLD.I A purchase money mortgage and mortgage note to Seller
shall provide for a 30 day grace period in the event of default if a first mortgage and a 15 day grace period it
second or lesser mortgage; shall provide for right of prepayment in whole or in part without penalty; shall perudt
acceleration in event of transfer of the Real Property; shall require all prior lien and encumbrances to be kept in
good standing and forbid modifications of or future advances under prior mortgage(s); shall require Buyer to
maintain policies of insurance containing a standard mortgagee clause covering all improvements located on the Real
Property against fire and all perils included within the te~ -extended coverage endorsements. and such other risks
and perils as Seller may reasonably require. in an amount equal to their highest insurable value; and the mortgage,
note and security agreement shall be otherwise in form and content required by Seller; but Seller may only require
clauses customarily found in mortgages, mortgage notes, and security agreements generally utilized by saving and
loan institutions or state or national banks located in the county wherein Real Property is located. All Personal
Property and leases being conveyed or assigned will, at Seller's option, be subject to the lien of a security
agreement evidenced by recorded financing statements, If a balloon mortgage, the final payment will exceed the
periodic payments thereon.
C. SURVWYI 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 governmental regulation, the same shall constitute a title defect.
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.. X~.. AND .ua&881 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.
P. ~.I Seller shall, not less than 15 days before closing, furnish to Buyer copies of all written leases and
estoppal 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.
CI. LX" I 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 repair. to Property for 90 days immediately preceding
date of closing. If Property hae 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
adciition to Seller's lien affidavit setting forth the names of all such general contractors, subcontractors.
suppliers and materialmen and further affirmdng that all charges for improvements or repairs which could serve as a
basi. for a mechanic's lien or a claim for damages have been paid or will be paid at closing of this Contract.
s. PLACI or CLOIXNO, Closing shall be held in the county where Real Property is located, at the office of the
attorney or other closing agent designated by Seller.
X. TXM81 In computing time p.~ioda of lesa than six (6) day., Saturdays, Sundays and state or national legal
holidays shall be excluded. Any time 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. Tt.e 1. of the ....nc. 1n this Contract.
J. DOCtJImW1'. I'OIt CLO'IlIlJa. 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 furnish closing statement, mortgage, mortgage note. security agreement, and financing statements.
It. DPDtSUa Documentary stamps on the deed and recording corrective instruments shall be paid by Seller.
Documentary stamps and intangible tax on the purchase money mortgage and any mortgage assumed, and recording of
purchase money nortgage to Seller. deed and financing statements shall be paid by Buyer. unless otherwise provided
by law or rider to this Contract, charges for the following related title services, 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.
L. PROKATIOR8, CRKDIT81 Taxes, assessments, rent, interest, insurance and other expenses and revenue of Property
shall be prorated through day before Closing. Buyer shall have the option of taking over any existing policies of
insurance, if assumable, in which event premdurns shall be prorated. Cash at closing shall be increased or decreased
as may be required by prorations to be made through day prior to closing or occupancy if occupancy occurs before
closing. Advance rent and security deposits will be credited to Buyer. Escrow deposits held by mortgagee will be
credited to Seller. Taxes shall be prorated based on the current year's tax with due allowance made for maximum
allowable discount. homestead and other exemptions. If clOSing occurs at a date when the current year's millage is
not fixed, and current year's assessment is available, taxes will be prorated based upon such assessment and the
prior year's millage. If current year's assessment is not available, then taxes will be prorated on the prior
year's tax. If there are completed improvements on Real Property by January 1st of year of closing, which
improvements were not in existence on January 1st of the prior year, then taxes shall be prorated based upon the
prior year's millage and at an equitable assessment to be agreed upon between the parties, failing which, request
will be made to the County Property Appraiser for an informal assessment taking into consideration available
exemptions. Any tax proration based on an estimate shall, at request of either party, be readjusted upon receipt of
tax bill on condition that a statement to that effect is signed at closing.
N. "~IAL A8SZ~ L~.I Certified, confirmed and ratified special assessment liens as of date of closing
(not a8 of Effective Date) are to be paid by Seller. pending lien. as of date of closing shall be assumed ~
Buyer. If the improvement has been substantially completed a8 of Effective Date, any pending lien shall be
considered a8 certified, confirmed or ratified and Seller shall, at closing, be charged an amount equal to the last
estimate of assessment for the improvement ~ the public body.
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leal slIssJl'lieli
g Ril:U DI' 1.011'111 II ll'18 PnJ8I!'\~ is EIiHrla.ai ~ Un BI el:.llsll eaeyaH::, \lehl!'s .habl, JIll EI sea. ei l'e8l:.Ua'EleR Elen
Ra' allsnll )\ .f ..lla .sauell. allia'llaR s. 'alia Flle'UJ1~ I. .ama,slI. seet sf 188.lI!aHllfl allall \18 an e.HlaH.ft d
I;.~e Sellar aRt ele.ift' .~all 'lfsses. ,l:llfSliail. \a .hl _S~ sf G8fl..&liIl illl ues_e.a'aisfl eee.e Bsers sli I'E. slesiR'
Ii 'fille sse_ 81 I!'ss'Asn.EiaR IiIlSUd.S J\ d U'IIl assessed. &llil.a'ai.... ai Ella il~ 1 SIIlU'E.S 118 Elana,sli, 8a~BI! shall M 8
_k. SJl.i!ltl !II eHll8l' 'aa-hill' Pla,a.'~ .I.. ia, .sUlka.. tell shksr l:.)Js J' ... Ill:' iRSI:l..&Re8 JlIBSB8H Jla:,&s1e ~ i..lv.s
sf slILsk les8 sr EI""8. ail' sf saflseliRI SSREW&S'A allli I'esei iB, IS'E.~I!"R !Ii iSliaillsl
,. ~ OF SALI:, CL08IIIlJ I'IlOCaDUUI 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 encumbrance. or change which would render Seller's title unmarketable fram the date of the last evidence. All
closin~ 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 writin~ 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 dernand by Buyer and within 5 daya after demand, be returned to Buyer and
simultaneously with such repayment, Buyer shall return Personalty and vacate Real Property and reconvey the
Property to Seller by special warranty deed and bill of sale. If Buyer fai18 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 fram institutional financing or refinancin~. requirements of the lending institution as to
place, time of day and procedures for closing, and tor disbursement of mortllage proceeds shall control over
contrary provi8ion in this Contract. Seller shall have the right to require from the lendin~ institution a written
cammdcmeot 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 it title agent insures
adverse matters pursuant to Section 627.7841, F.S., as amended.
Q. KSCROWr Any escrow agent (~Agent~) receiving funds or equivalent is authorized and a~reea 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 shall not excuse Buyer's performance. If in doubt
as to Agent's dutie. or liabilities under the provisions of Contract, Agent may, at A~ent'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 parties or A~ent 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 termdnate, 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 rrade a party because of acting as Agent hereunder, or
in any suit wherein Agent interpleads the subject matter of the escrow, Agent ahall 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 itema subject to this escrow, unlesl such misdelivery is due to willful
breach of Contract or gross negligence of Agent.
a. A~ FS&S, COST81 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.
8. ruLUU or P~I Except as provided in Paragraph VII, if Buyer fails to perform this Contract within
the time specified lincluding payment of all deposit(s)), the deposit(s} paid by Buyer and deposit Is) agreed to be
paid, may be recovered and retained by or for the account of Seller as agreed upon liquidated damage.,
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 Is) without thereby waiving any action for
damage. resulting from Seller's breach.
'1'. COII"1'IUoC'1' 110'1' RKORDULlU .D80B8 BOmIDJ 110'1':1:01 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 succes.ors 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.
O. COIIYKI'~I Seller shall convey title to Real Property by statutory warranty, trustee's, personal
representative's or guardian'S deed. as appropriate to the status of Seller, subject only to matters contained in
Paragraphs VI and XII 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 otherwi.e
provided for herein.
V. 0TBZa AQP~SI 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.
.. ~X.81 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.
0/<
t1/1!i
[IT' DF DElRA' BEA[H
CITY ATTORNEY'S OFFICE
:',,,,I\W ,,, AVLI\" ., 'I!K\\' BEACH. FLORIDA 33444
Il.U-.PIIO:'-JE ':;6i/~l ~ !','i:. 1'.-\CSIMILE: .'i61127X-4755
Writer's Direct Line: 561/243-7090
DELRAY BEACH
biaI:II
AII.America City
, III I! DATE:
TO'
1993 .
2001
MEMORANDUM
November 7,2005
City Commission
David Harden, City Manager
?t6
FROM:
Terrill C. Barton, Assistant City Attorney
SUBJECT: Resolution No. 80-05
Attached to this memorandum please find Resolution No. 80-05 which confirms
the City's intent to transfer/sell the property referenced above to Fritznel
Beaufrere, a single man and Gerta Lombard, a single woman, for housing
purposes as part of the Carver Square Relocation Project. Also attached please
find a partially executed Contract for the Sale and Purchase of the above-
referenced property.
Please place the Resolution and supporting documents on the agenda for the
November 15, 2005 City Commission meeting for consideration.
TCB:smk
Attachments
cc: Chevelle Nubin, City Clerk
(Q~
RESOLUTION NO. 80-0S
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRA Y BEACH, FLORIDA, AUTHORIZING THE CITY TO
TRANSFER/SELL REAL PROPERTY IN THE CITY OF DELRAY
BEACH WHICH PROPERTY IS LOCATED AT 511 NW 2ND STREET, AS
MORE PARTICULARLY DESCRIBED HEREIN, TO FRlTZNEL
BEAUFRERE, A SINGLE MAN, AND GERTA LOMBARD, A SINGLE
WOMAN, TO BE UTILIZED AS HOUSING AS PART OF THE CARVER
SQUARE RELOCATION PROJECT.
WHEREAS, the City of Delray Beach, Florida, desires to transfer/sell property located at 511 N.W.
2nd Street for the purpose of providing housing as part of the Carver Square Relocation Project; and
WHEREAS, the City acquired the property from the County as the result of unpaid property taxes;
and
WHEREAS, the City Commission has determined that it is in the best interest of the City of Delray
Beach, Florida, to transfer/sell said property for the purpose described above; and
WHEREAS, the City Commission has determined that the transfer/sale of the property described
above will promote the general welfare of the residents of the Delray Beach.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
DELRA Y BEACH, FLORIDA, AS FOLLOWS:
Section I. That the City Commission of the City of Delray Beach, Florida, as Seller, hereby agrees
to transfer/sell the East 50' of the West 150' of Block 18, Town of Delray according to Plat Book I, Page 3,
of the Public Records of Palm Beach County, Florida, to Fritznel Beaufrere, a single man and Gerta
Lombard, a single woman.
Section 2. That the terms and conditions contained in the Contract for Sale and Purchase and
addenda thereto between the City of Delray Beach, Florida, and the Buyer as hereinabove named are
incorporated herein.
PASSED AND ADOPTED in regular session on the _ day of , 2005.
ATTEST: MA YOR
City Clerk
CONTRACT FOR SALE AND PURCHASE
PARTIES: CITY OF DELRAY BEACH, a Florida municipal corporation, 100 N.W. l't
Avenue, Delray Beach, FL 33444 (Phone: 561-243-7000), ("Seller"), and the
FRITZNEL BEAUFRERE, a single man, and GERTA~, a single woman, ("Buver") I 20
N. Swinton Avenue, Delray Beach, FL 33444 (Phone: 561-276-8640), 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: Town of Delray, E50 feet of W150 feet of 5150 feet of Block 18,
The above being the Real Property described under Tax Certificate Number
11716 in the Tax Deed recorded in Official Record Book 15665, Page 1897,
Public Records of Palm Beach County, Florida.
Property Control No. 12-43-46-16-01-018-0060
(b) Street address, city, zip, of the Property is: 511 N.W. 2nd Street,
De1rav Beach, Florida 33444
II.
PURCHASE PRICE
PAYMENT:
$40,000.00
(a)
Deposit(s) to be held in escrow by Robert W.
Federspiel, P.A. Trust Account in the amount of
$ 5,000.00
(b)
Balance to close shall be paid in the form of
U.S. cash or a LOCALLY DRAWN certified or
cashier's check, subject to adjustments
or prorations
$35,000.00
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 December 1, 2005, the deposit(s) will,
at Buyer's option, be returned and this offer 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.
rv. TITLE EVIDENCE: Within thirty (30) days from the Effective Date of this
Contract, (CHECK ONLY ONE): Seller shall, at Seller's expense, deliver to
Buyer or Buyer's attorney; OR X Buyer shall at Buyer's expense obtain (CHECK
ONLY ONE) : abstract of title or X title insurance commitment (with legible
copies of instruments listed as exceptions attached thereto) 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 within one hundred twenty (120) calendar days following
the execution of this Contract, unless modified by other provisions of Contract.
VI. RESTRICTIONS; EASEMENTS; LDMITATIONS: 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
1
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 7-1/2
feet in width as to the side lines, unless otherwise stated herein); taxes for
year of closing and subsequent years; assumed mortgages and purchase money
mortgages, if any (if additional items, see addendum); provided that there exists
at closing no violation of the foregoing.
VII. OCCUPANCY: Seller warrants there are no parties in occupancy other than
Seller; Seller shall deliver occupancy of Property to Buyer at time of closing
subject to Paragraph XI E.
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 ~ may not assign this Contract.
X. DISCLOSURES:
(a) Radon is a naturally occurring radioactive gas that, when
accumulated in a building in sufficient quantities, may present
health risks to persons who are exposed to it over time. Levels of
radon that exceed federal and state guidelines have been found in
buildings in Florida. Additional information regarding Radon or
Radon testing may be obtained from your County Public Health unit.
(b) Buyer may have determined the energy efficiency rating of the
residential building, if any is located on the Real Property.
XI. SPECIAL CLAUSES; ADDENDA: If additional terms are to be provided, attach
addendum and CHECK HERE ~.
XII VOIDABILITY: Buyer and Se~~er agr_ that this Contraot is oontingent upon
the Se~~er's abi~ity to suooessfu~~y quiet tit~e to the property desoribed in
Paragraph I. In the event that ti t~e is not suooessfu~~y quieted, the oontraot
sha~~ be void and there sha~~ be no ~iabi~ity on either the Buyer or Se~~er for
fai.lure to continue to perform under the terms of this Contract.
Date
FRITZN~~AUFRJ'E , /
By:~/L-,~ Illo3/o~
Prit Name: _(;-,-& n HE. L og-e 4uk <=>re.
S~~i~;xS~~u~;:y c;r;z-/~- 7?.,j/
GERTA LOMBARD
BY:~ l~ t(loJk1.s->
Date
CITY OF DELRAY BEACH
By:
Print Name:
Tax ID No.
Social Security sq Q Lf k L 7J ~ 0
or Tax ID .No. ~- ~()
Deposit(s) under Paragraph II(a) received; IF OTHER THAN CASH, THEN SUBJECT TO
CLEARANCE: ROBERT W. FEDERSPIEL, P.A. (Escrow Agent)
By:
2
ADDENDUM TO CONTRACT FOR SALE AND PURCHASE
SELLER:
CITY OF DELRAY BEACH, a Florida municipal corporation
BUYER:
FRITZNEL BEAUFRERE, a single man, and GERTA LOMBARD, a single
woman
PROPERTY ADDRESS: 511 N.W. 2nd Street, Delray Beach, Florida
XI. SPECIAL CLAUSES; ADDENDA (Continued):
A. FOREIGN INVESTMENT IN REAL PROPERTY TAX ACT (" FIRPTA"): The parties
shall comply with the provisions of Internal Revenue Code Section 1445 and
applicable Treasury Regulations issued thereunder. If the Seller is a U.S. person
for Internal Revenue Code Section 1445 purposes, then on demand of the Buyer and
prior to closing the Seller shall provide the Buyer with a certificate of non-
foreign status in the manner provided in Treasury Regulations Section 1.1445-2.
If the Seller provides the Buyer with such certificate, and if the Buyer is
otherwise permitted to rely on such certificate under those Regulations, the
Buyer shall not withhold under Internal Revenue Code Section 1445.
If the Seller is a 'foreign person' as defined by the Internal Revenue
Code, the Buyer generally is required to withhold 10% of the gross sales price
from the Seller at closing and to pay the withheld amount over to the Internal
Revenue Service (IRS) unless an applicable exemption from withholding or a
limitation on the amount to be withheld is available. To the extent that the cash
to be paid over to the Seller at closing is insufficient to cover the Buyer's
withholding obligation, the Seller shall provide to the Buyer at closing cash
equal to such excess for purposes of making such withholding payment. If the
Seller's federal income tax on the gain is less than the applicable withholding
amount, the Seller may make advance application to the IRS for reduced
withholding and, if granted, the Buyer shall withhold only the authorized reduced
amount. If such ruling has not been received by closing, the parties at closing
shall enter into an escrow agreement reasonably.satisfactory to the Buyer and
Seller pending receipt of the ruling, provided that at closing the Seller shall
have the obligation to provide to the escrow agent from the closing proceeds (or
from the Seller I 5 other resources if necessary) cash equal to the maximum
required withholding, with any excess withholding being refundable to the Seller
upon receipt of a favorable ruling from the IRS.
Buyer and Seller understand that the IRS requires the Buyer and the
Seller to have a U.S. federal taxpayer identification number and to supply that
number on the foregoing forms. A foreign individual may acquire an International
Taxpayer Identification Number for this purpose. Since it may take several weeks
to receive the number after application and the IRS will not process these forms
without the actual number, a party lacking a TIN is advised to apply immediately.
B. The Buyer shall have sixty (50) calendar days within which to conduct
any and all feasibility studies and determinations relative to the suitability for
the acquisition of the subject property by the Buyer and the Buyer reserves the
express right to terminate this Contract at any time during said period for any
reason or no reason, in Buyer's sole discretion, whereupon Buyer shall receive a
full refund of all deposit monies paid hereunder. Buyer shall be granted
reasonable access to the premises to conduct such feasibility studies and
determinations, including environmental assays, core drilling, surveys, soil
sampling and other such testing.
c. This Contract is expressly contingent and conditioned upon the approval
of the same by the City Commission of the City of Delray Beach.
3
D. The parties represent and warrant that there is no broker involved in
this transaction to whom a commission would be due.~~~
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jflf'\JiJiJixi!lJfijoobbi'x~~~xtil'XJt,,~kRxllXixi<Rllxxbx,t.~:It*B~:ltm
X:ra""":tX:tlll:mxT-""""lf1<~xa<!lIli:x5t",yy",,,,,x:tX~Ja<"""""-xX><X:fIOXlOX,.u ~. ',_.l
JoJij{llXRx;tlixiilt!ii:kliU&m"cx:cllllflifilxiJoJWl'i<~xOllKAll'l.!l<'oOO.x~~xlfii<**xR!IX~~~
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SELLERS' INITIALS:
BUYER'S INITIALS:
Ftr
0--' "- _
4
STAIlDARDS FOR RBAL BSTATB TRAHSACT:IONS
A. .v%~ or Tt~1 (llAn abstract of title prepared or brou~ht current by a reputable and existing abstract
firm lif not existing then certified as correct by an existing firm) purporting to be an accurate synopsis of the
instruments affecting title to Real Property recorded in the public records of the county wherein Real Property is
located. through Effective Date. It shall commence with the earliest public records, or such later date as may be
customary in the county. upon closing of this Contract, the abstract shall become the property of Buyer. subject to
the right of retention thereof by first mortgagee until fully paid. t21 A title insurance commibment 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 ~
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, fram date of receiving evidence of title to examdne it. If title is
found defective, Buyer shall, within 3 days thereafter, notify Seller in writing speCifying defect(s). If the
defect Is) render title unmarketable, Seller will bave 30 days fram receipt of notice to remove the defectls) ,
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 t21requesting a refund of deposit Is) 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 Is) 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), there~ releasing Buyer and Seller from all further
obligation under this Contract,
a. PUJtCIIAD IIDD1' _'fQl(DI SKCnI'I'1' .mt~ '1'0 DLLDI A purchase money mortgage and mortgage note to Seller
sball provide for a 30 day grace period in the event of default if a first mortgage and a 15 day grace period if
second or lesser mortgage; shall provide for right of prepayment in whole or in part without penaltY1 shall permit
acceleration in event of transfer of the Real Property; shall require all prior lien and encumbrances to be kept in
good standing and forbid modifications of or future advances under prior mortgage(s). shall require Buyer to
maintain policies of insurance containing a standard mortgagee clause covering all improvements located on the Real
Property against fire and all perils included within the term "extended coverage endorsements. and such other risks
and perils as Seller may reasonably require, in an amount equal to their highest insurable valuel and the mortgage,
note and security agreement shall be otherwise in form and content required by Seller; but Seller may only require
clauses customarily found in mortgages, mortgage notes, and security agreements generally utilized by saving and
loan institutions or state or national banks located in the county wherein Real Property is located. All Personal
Property and leases being conveyed or assigned will, at Seller's option, be subject to the lien of a security
agreement evidenced by recorded financing statements, If a balloon mortgage, the final payment will exceed the
periodiC payments thereon.
C. SURYKrI 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 governmental regulation, the same shall constitute a title defect.
R 1'1111..111..11 8a5.u, a. B1E4811'S a11lle.IlSa, ilk'll _,_a &118 a... del~... s idellll Ii HHa all. '18 8Uilllli.fl8 S_I, ~
~:~lo~:"~~:~"~:: '::::.~ ,: ,~' :~':.:~~.~~ ,',::: :::;:'.:::.'::::,~; 'T:i:::::: ,:' ,:':"~~:. ::.:' 0;: :: .:':
u ~Il!.h u'a IBMll, ~a.. ill ha a I ~s h_ H.'a If ,..11.1;.81l flsHu .lluuf hlli.B kis" .8 h& a BUtl af
\J!U.1!.RlBR', i.i t!'B~i"81l. esHflI&1!.all ~ UI8 gpU'..8. MIll all lliU'la11 iBSJlu.e!l aftll esU....l!.e. iii::, a Hlusall l3rdlllll.ll' sr
ISfllral a811'~.8.er Sellsr shall p~ al!ll alSES sf .rea~~8R. aREl. eapaie sf all iama,8 ~J 1;.1 l~s ~s~. ,~a iaed 1ft
Para-,ea." till Ii UHRJaliiBEI BIns B.lIBUEl ~"a. M a""., i~a.. 8aa11 "a l! .ka IpHsR d 8.iH ssH.B' I;.ki.s
SSIl'r... i.),ifl t eIa::,a aha!! 1!usi,. If SBfl.llaII;.U'S I!e,air UU.81U.I l3::, ,i ill' tiH.SR flS'!'! U Ssllel! 81! ~I.
IM~ elea. 1;.1 ,rssui 1 i.k .as 'raI'lSAIlisll. allll reeBi. a a u'ssi.\!. iI'I!. dub, III Eke IHl'IB.H I Ilea ilia. il'l Fa..a.r.,h
lal .~e..i1!.ls' a),&ll ~s lle~ aa .8 iflsl~.e all BBB d8SI;.IB.::'~II' IrlaR!s.. rsqtiirB.& 1;.1 ~I ~a,al!'ell ~&a.. .h.
Fler,E1. pe.. Sell...l 's\!., &8 ~BiB.
.. XNOaI.. AXD ~S.' Seller warrants and represents that there ia 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.
P. LaISZ., Sellar 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 ahall 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.
ct. LXDlaI Seller shall furnish to Buyer at time of closing an affidavit attesting to the absence, unless
otherwise provided for herein, of any financing statements, claima 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'. 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.
B. PLACS or CLOaXMQr Closing shall be held in the county where Real Property is located, at the office of the
attorney or other closing agent designated by Seller.
I. Tx.., In computing time period. of le88 than six 16) day., Saturdays, Sundays and state or national legal
holidays shall be excluded. Any time 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. ~t.e i. of th. ....De. in thi. Contract.
J. DOCUIm8'rI I'OJt. CL08:IRQI' Seller shall furnish deed, bill of sale, construction lien affidavit, owner'.
possession affidavit, assignments of leases, tenant and mortgage estoppel letters, and corrective instruments.
Buyer shall furnish closing statement, mortgage, mortgage note, security agreement, and financing statements.
It. .xJlDDII Documentary stamps on the deed and recording corrective instruments shall be paid by Seller.
Documentary stamps and intangible tax on the purchase money mortgage and any mortgage assumed, and recording of
purchase money mortgage to Seller, deed and financing statements shall be paid by Buyer. unless otherwise provided
by law or rider to this Contract, charges for the following related title services, 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.
L. PRORAT:IORIJ CRKD:IT81 Taxes, assessments, rent, interest, insurance and other expenses and revenue of Property
shall be prorated through day before closing. Buyer shall have the option of taking over any existing policies of
insurance, if assumable, in which event premiums shall be prorated. Cash at closing shall be increased or decreased
a8 may be required by prorations to be made through day prior to closing or occupancy if occupancy occurs before
Closing. Advance rent and security deposits will be credited to Buyer. Escrow deposits held by mortgagee will be
credited to Seller. Taxes shall be prorated based on the current year's tax with due allowance made for maximum
allowable discount, homestead and other exemptions. If closing occurs at a date when the current year's millage is
not fixed, and current year's assessment is available, taxes will be prorated based upon such assessment and the
prior year's millage. If current year's assessment is not available, then taxes will be prorated on the prior
year's tax. If there are completed improvements on Real Property by January 1st of year of closing, which
improvements were not in existence on January 1st of the prior year, then taxes shall be prorated based upon the
prior year's millage and at an equitable assessment to be agreed upon between the parties, failing which, request
will be made to the County Property Appraiser for an informal assessment taking into consideration available
exemptions. Any tax proration based on an estimate shall, at request of either party, be readjusted upon receipt of
tax bill on condition that a statement to that effect is signed at closing.
K. SPSC%&L ASSlI8MKBT L:IKK81 Certified, confirmed and ratified special assessment liens as of date of closing
(not ae of Effective Date) are to be paid Qy Seller. Pending liens as of date of Closing shall be assumed by
Buyer. If the irl;)rovement 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 Qy the public body.
. 1"'."1811. JIaNa. 111m III.I!Jl --I 'dl... ......aKa. 'du... as d 19 ~8 ,du .a lIlSlllfll lahs nUi",. net
[b1Bll<l.lIill' 5ks hali.1. illl. ssiU'ul anll su.sl"hlllr Hui iIltlil!llrisl" alls. h'lHulal5hll. sUlal18 {a.. eflllli. alall5) aI.'
issha'l lis I H ft.a I all:' hlE1IBtB S'TSBlJSE el lsalls. U.Sl!" !iiUllalla U' .5PUelHllfsl liiHu.,a &Illi 'ekill, .1'18 sspHs 'eallll.
,..1. all apJlli.a1l1u. ..a&haniaal i15ll1N1, llsaHRJ. iUal!Il,. e1sa'el!'i.eal, JillilRlhil' s:,a'el!lll" and. II1aEllliRU!) al"a iR \/QJU(BJIili
S9JJlH'PIQlJ 'like hlrS,BlR' &lfE"aI 'e~ shall sa HIIli.ui 'ea tille i.itE1118 s,ui.Ueli Id.Aless a'ee81 ias JIrS isell iR _ ...... -lIuIn
lh:, 8l! IM~. a. BI<l.:' E1Ir' S Sl1JBRse. lIa a il a,esHsRa Hlsele ati ..lIus iESlII\llI ~ a ib. Sl!" illEli ilil:lal SJlUillHeiRI '-f1 keRe
h1s'l!I!l'~i81 a ani RsIsifll aR 8811I<l.J1atli.sRal liSSRSS (Ell! Bull '4!!,SSe (if IrSIflll:llalil U' ~ an aJJIElIll!ia.sl~ lise.l seli
Ple.:i.lia SaRelf'astsr lhl.;)u' s"all. 'Iial!"a B4:'U'S 8Sa4J1.f18"~ elF flU lU8 'thoti 19 ~8 1I11ia!! 'ee dsatR" ai.e!;e e.
aS8US iilrs., lIsJSIr. ifl liEi.fll 'e.S SelIn s_sa i'e8llL8 5ea. IiEl RElE luse Bl'lS HS s S'e.afllial!lis as 'e.S iafes'e.s YRlsss
lIl:l:ioEll! 'f.i.lI1el::, l!ElJII!"'U B.lSR aeiBS.S. 8..l.;,e!! slu.ll 19a elsEl.sll 'ea ka ~ ail. a. SalIn's al!l!&f111ies as .8 asiasll.. llaE
raper-BBs Ii l!'e,airB Slf' rs,las9Refl. awe I!'e~ilali \8 B8R,l:io I.Ek Ellis S\aRiial!El. ~B1lelf' shall sal<l.se 'e.k~ 'e8 se maas
afl. 8Rall ,s~ l*II u 'the &nI8I<l.Rt;. ,no i.ihll t.fI Pal!.i.'l"a,k (sl Ssllel! is flsa IrEl.....hsa as malte l'eJ&ilrs 8..
l!elllasBII1BR'f.s BE I. esslI1ll'e.ie flaEIUS "" le8S sal<l.seEl S') . liaise'!! SsllBI!" 1.& !feaJlsft.isls 'ell I's,ai.. elF .e,1888 If Eks
aua a' sull Hallai!! at! l!e,la.aBlAL'l1!. eUllu.sa lke am.e1iH" ,Jla iEieli it P&1'8''I!'a,1\ [lgl. 8'oi::,e.. Slf' Sel18ll RI6':o alesa 'ts
Jla::. .111<1.8" eueua. fail it , eisa 8i'l;)\al' ,a..!.~ ~ 8allul 'eilia SSfl'elf'aS& If Sellsl!" is 'lH\aale 1;.S BElI!!!U'e alle Elehaas
,..is.. aa slssiR" 'eal!l a8a5 'ells:!'..' ellall SS ,sia iflaa I!lIS"S\ ail E1lssii'l' SelleI' shall. l<l.,aR Ireaasflaala Rs\iss,
JI"8 tiB .lll.ni'etu esF' iee. ailS assess ae 'ella Fl!eJlsl!'e::. h.. iRs,nthRs. iRall:llliR, a alii aMel<l.1A Jillelf' U duifl'. is
sanlh. Eka. all HeINII sf! PuseR.l prSJllill''e.} ail'a efl I;ks ~ssl Plrspel!'.~ afIE1. slilgjesa &a .he bl!'eJaikR,. le&1 all
I'e~i...ss l'e,aLl"a ..ali l'e.,1..e8ll..l.1~S lla e SBBfI _lie us 'eRa~ 'eMa pIS,SI!'e:,. iRSlI<l.Eli.R, Eli' R8'e U.itieli .s, tauR,
SRI!I<l.IB)te~ &fl. ,ssl, iE .i.fI~, ilas seafl H1AiflEaiflaa iR 'eks eeRait;.i.E1fl allia'eiRI ..8 81 Eibni e gaEs. Si!elIiRaF.. U. aiel
taap sUBI!J'Ead
Q 111_;1' 1..9'1. Ii ail. Pl!e.sta:, is MmI.11l Ilr} hn Sl!' SEils!! ual:l.l~ lilBhl!'s e1ULfll lHla seea d naeSI!'&tli.aR dllU
R.' IlIlel. Jt ai .aa ae8!18lilBIi all<l.all.i.u a' aila Ftle,e!!\::. .. Banta,sll, u..a Ii .as1iuaEial 8Mll B8 afl IsHI.ain ai
EMS SElllsl!' aftll 811lSifl, ailall )llaSBsd JI<l.l!Sliall a8 'eaa a8...,. sl Safl'e.ssl! I.'eM l!eelel!"8Ei!l aeaas esslrs sd at eleslll'
II '!lIs eull. af l!"ee.uaElal'l IilleBBSJI It II ehl alls8Uli I.ll<l.a.'Ei!l Ii .he i._IS EllUL all la darna,eIl, B.t)el" shall fta 8
\1\. BJI.iaR el eillls. U.Jd.R, P.uJ......~ a. i8. t!s.ullu i'ell a.hksl" lhi Jt .1' Ul.} LRB,...iIiI 88 Jll!"BBB.8H pa;)a1!lls.~ ilrha
al sl<l.sk la8s ... SilMall!l. U SE BaRBelill1 Sell'el'ase aflll IFI.si ifll l!e1!.'IlFII af EiElJui't[s)
P. PROCSKD8 or ~J CL08:INQ ~I The deed ahall 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 day.
trom 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 returned to Buyer and
simultaneously with such repayment, Buyer shall return Personalty and vacate Real Property and reconvey the
Property to Seller by special warranty deed and bill of sale. If Buyer fai1a 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 s&le. 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 procedure. for closing, and for disbursement of mortgage proceeds shall control over
contrary provision in this Contract. Seller shall have the right to require fram the lending institution a written
cammdtment 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 ~ this Standard may be waived if title agent insures
adverse matters pursuant to Section 627.7841, F.S.. as amended.
Q. .8CROW1 Any escrow agent (-Agent-' receiving funds or equivalent i. authorizsd 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 shall 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 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 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 iteJNI subject to this escrow, unless such misdelivery is due to willful
breach of Contract or gross negligence of Agent.
R. A~....' COSTBI 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 ageney or nonageney relationships authorized by Chapter 475. F.S., as amended.
shall be entitled to recover fram the non-prevailing party reasonable attorney's fees, costs. and expenses.
B. rA%LUD or PKUQJUlUlCSI Except as provided in Paragraph VII. if Buyer fails to perform this Contract within
the time specified (inCluding payment of all deposit(sll, the depositls) paid Qy Buyer and deposit Is) agreed to be
paid. may be recovered and 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'. 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(sl without thereby waiving any action for
damages resulting fram Seller'. breach.
T. cmrraAC'1' Il1O'1" ucoanuLJIJ PDSOII8 BOUJIDJ 1IO'l''I01 Neither this Contract nor any notice of it shall be recorded
in any public records. This Contract sball 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.
0. C()IIWYAIIl3I Seller shall convey title to Real Property by statutory warranty, trustee's, personal
representative'S or guardian'S deed, as appropriate to the status of Seller, subject only to matters contained in
Paragraphs VI and XII and those otherwise accepted by Buyer. Personal Property shall, at request of Buyer, be
transferred ~ an absolute bill of sale with warranty of title, subject only to such matters as may be otherwise
provided for herein.
V. OTBZR ~Sl 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.
W. WARRANTI..I Seller warrants that there are no facts known to Seller materially affecting the value of the
Property which are not readily observable ~ Buyer or which have not been disclosed to Buyer.
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W\NW:bPcanew5:COffi .e ,Boca RatonIDelray ,Beach News -, FridaylSatUrday ;JJctober7 -8, -2005 ':23
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The West 79 feel Oflhe East lQ4feel of
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