12-27-89 Special
CITY OF DELRAY BEACH, FLORIDA
SPECIAL MEETING - CITY COMMISSION
December 27, 1989
5:30 P.M.
AGENDA
Commission Chambers
Please be advised that if a person decides to appeal any decision made
by the City Commission with respect to any matter considered at this
meeting or hearing, such persons will need a record of these
proceedings, and for this purpose such persons may need to ensure that
a verbatim record of the proceedings is made, which record includes
the testimony and evidence upon which the appeal is to be based. The
City does not provide or prepare such record.
SPECIAL MEETING
Pursuant to Section 3.07 of the City Charter of the City of Delray
Beach, Florida, Mayor Doak S. Campbell has instructed me to advise you
of a Special Meeting of the Commission to be held in the Commission
Chambers at 5:30 P.M., Wednesday, December 27, 1989.
This meeting has been called for the purpose of considering:
1. Public Hearing on Two Offers to Purchas~ City Owned Property at
Miramar and Venetian Drive.
2. Public Hearing on an Offer to Purchase the City Owned Property at
2507 North Federal Highway (Adult Bookstore) .
3. Public Hearing on Request for Waiver of Sign Code to Permit a
Nonconforming Sign at 2055-85 South Congress Avenue.
4. Public Hearing on Request for Waiver of the Sign Code to Permit a
Nonconforming Sign on the Linpro Property.
5. Request for Waiver of Performance Bond Requirements for A.L.
Roarke, Inc.
6. Proposed Agreement Between the City and Ackerly Communications
and Approved Agreement Between the City and Eagle Outdoor Advertising
regarding the movement of a billboard.
7. Ratification of South Central Regional Wastewater Treatment and
Disposal Board amended 1989-90 Operating Budget in the amount of
$3,249,480.
8. Ratification of South Central Regional Wastewater Treatment and
Disposal Board amended Operating Budget which increased the user
charge to .7055C per thousand gallons for sewage, .5975C for Operation
and Maintenance, .013C for purchase of Ocean Outfall and .095C for
Sinking Fund.
9. Authorization
of Environmental
Program.
to Submit an Application to the Florida Department
Regulations to participate in their Revolving Loan
10. Consideration of Language for Delray Golf, Inc. Letter
Securing Performance of the License Agreement. City
recommends against acceptance of Proposed Language.
of Credit
Attorney
o -~~
E~th Arnau
City Clerk
.
CITY OF DELRAY BEACH, FLORIDA
SPECIAL MEETING - CITY COMMISSION
December 27, 1989
5:30 P.M.
ADDENDUM
Commission Chambers
Please be advised that if a person decides to appeal any decision made
by the City Commission with respect to any matter considered at this
meeting or hearing, such persons will need a record of these
proceedings, and for this purpose such persons may need to ensure that
a verbatim record of the proceedings is made, which record includes
the testimony and evidence upon which the appeal is to be based. The
City does not provide or prepare such record.
THE SPECIAL MEETING AGENDA IS AMENDED TO INCLUDE:
11. Determination of Hours Within Which the Noise Ordinance May be
Waived.
[ITY DF DELAAY HEA[N
100 N.W. 1st AVENUE
DELRAY BEACH, FLORIDA 33444
407/243.7000
NOT ICE
REQUEST FOR WAIVER OF CITY ORDINANCE
The City Commission of the City of Delray Beach, Florida, has
received a request from Kwartler Associates, Inc., Agent for
Regent Associates, for a waiver, pursuant to Section 30.15 of the
Code of Ordinances of the City of Delray Beach, to the provisions
of Title XV, "Building Regulations", Chapter 162, "Signs and
Billboards", "Structure Specifications", Section 162.055,
"Clearance Height and Setbacks", of the Code of Ordinances of the
City of Delray Beach, Florida; specifically, Section
l62.055(B) (1) which requires that the setback for a sign shall be
ten (10) feet unless a special setback is designated for the
street or zoning district. The waiver requested is to allow a
sign to encroach within the required ten (10) ft. setback. The
City Commission will, at a special meeting to be held on December
27, 1989, consider waiving the applicability of Section
162.055 (B) (1) to allow a free-standing sign to remain at the
following location:
Linpro's Delray Commercial Centre
955 South Congress Avenue
Delray Beach, Florida
A Public Hearing on the aforementioned waiver of the City's Code
of Ordinances will be held on Wednesday, December 27, 1989, at
5:30 P.M. in the City Commission Chambers at City Hall, 100 N.W.
1st Avenue, Delray Beach, Florida.
Please be advised that if a person(s) decides to appeal any
decision made by the City Commission with respect to any matter
considered at this meeting or hearing, such person(s) will need a
record of these proceedings, and for this purpose such person(s)
may need to ensure that a verbatim record of the proceedings is
made, which record includes the testimony and evidence upon which
the appeal is to be based. The City does not provide or prepare
such a record.
PUBLISH: Delray Beach News
December 16, 1989
CITY OF DELRAY BEACH
Elizabeth Arnau
City Clerk
THE EFFORT ALWAYS MATTERS
LlNPRO
~
The Unpro Company
Suite 150
951 Broken Sound Parkway, NW
Boca Raton, FL 33487
(407) 994.8778
December 6, 1989
Ms. Lula Butler
Director of Community Improvement
City of Delray Beach
100 N.W. 1st Avenue
Delray Beach, FL 33444
Re: Linpro's Delray Commercial Centre, 1-95 Reader Board Variance:
Permission to be placed on Jan. 9th. 1990 City Commission A~enda
Dear Ms. Butler:
As per our conversation on November 28 1989, prior to our meeting with the Code Enforcement
Board #89-3747, we respectfully request being placed on the City Commission's agenda for Jan.
9, 1990, to have the commission hear our variance request for our 1-95 Reader Board setback.
As you know the Reader Board was originally located in the N.E., 1-95 frontage of the Delray
Commercial Centre. Upon the replating and sale of the northern building and land to Decorators
Signature Furniture, Linpro agreed to move the Reader Board to another location in the pro ect
per our agreement with the new owner.
Our sign contractor, August C. Wunsch, from Sign Graphics, met with Ms. Joyce Desomeau,
building inspector, on June 8th, 1989 to discuss the Reader Board's proposed new location. The
new location was approximately 500 feet directly South on our original location on the 1-95
frontage. Sign Graphics applied for a permit to move the Reader Board and a date of July 26,
1989 was set for us to appear before the C.AB. for approval. The meeting was cancelled due to
a lack of a quorum. Meanwhile nearing our contractual agreements' due date with Decorator
Signature Furniture to move the sign, and believing we had acted in good faith with the permitting
process by applying for permit & reviewing its location, we moved the sign on August I, 1989. On
August 9, 1989 we were served with a violation notice, section .020A of the city sign code (moving
a sign without a permit). When Mr. Wunsch from Sign Graphics went to the city to pay a triple
fee for the permit, he was informed that a permit would not be issued because the Reader Board's
eastern face was not set-back from the property line ten (10) feet. This began the process by
which to obtain a permit we need to first seek a variance from the City Commission.
Our situation is that the sign lacks about five (5) feet of set-back from the property line although
the structure is set-back exactly the same distance as its original location which was permitted,
inspected and approved by the city. A copy of our original permit is attached and clearly states a
one hundred and fifty (150) foot set-back from 1-95 is required which the sign clearly complies with
since it is set-back over two hundred and fifty (250) feet from the Interstate.
Lola Butler
December 6, 1989
page 2 of 2
Our position in seeking the variance with City Council is that the sign does not visually create a
hazard or impediment to vehicular traffic since it borders no road. In fact, the sign borders a
railroad track easement and is clearly removed from any traffic arteries at all.
We thank you for your assistance in this matter and any further help you may be able to provide
in obtaining a favorable judgement with the variance.
If you need any further information or assistance with your staff report, please don't hesitate to call
Scott or myself at 994-8778.
Thanks again.
Sincerely,
r?~
Paul E Sullivan
Director of Property Management
PFS/mrm
Enclos ure
cc: S. Hinterleiter
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SIGN PERMIT
ciTY:OF DELRA Y BEACH
001.0000.32.240.00
. Date 9- za- ~f
Zoning District .. .. . . . ~ontractor . ~~/f' ~ /J. f ~ (16 -=f1. fAJ
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Permission is hereby gran'~ed for construction in acc.~rdance' with. abve appli~ai!on and In co.mpllance WiUl the b~ilding co~e
andali ( rdinonces of the City of Delray Beach and subject to regulahon of the Buildmg Inspector m accordance thereWlth. . .
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CiTY OF DELRA Y BEACH
BUILDING AND ZONING DIVISION
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Date; 8 - 'i -~9 .
Name: cf ~ vW
Address: 9 S I ~ VO \ce V) S 001\1& fl4t~
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Address of 05- S S If' - LL
Violation; I ,1"-()}'1 v-e SS rr')(:
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PLEASE NOTE! - You are in VIOLATION of the fol-
lowing provisions of the City's Code of Ordinances:
Chapter_ /0;;1.. Article Section .o.,2Df\
Nature of Violation.f21 0 V.'".g 'Ii ((, -.12 'Y / tl '"
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Violation Should Be Corrected By: /J 70/ y In 1 ~
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o IDe Y.0'\.;-t- Or)"1 S). pa.."j' h4
{!+rLpIP fee,
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You have days to correct the above violation.
Failure to comply with this Violation Notice may
result in imposition of fines up to $250.00 per day.
signe2~ <} Il , ..0
Bldg. 117
CITY OF IJELRAY BEACH, FLURlIJA
COIJE ENFORCEMENT BOARD
CASE NUMBER ~ q r )7 tJ 7
STIPULATION TO:
- Waive Formal Hearing
- Correct Violation(s)
- Impose Fine(s)
The undersigned, ,being t.h.e owpe'i' or authorIzed agent for the
who has bee~ issued'a'N6tice of Violation(s) and ~ Notice of
before the Code Enforcem!;-n,t '.Boar<! of the City of Delray Beach,
continuing vioIation(s) enumerated below which occur on the
known as:
property owner
Formal Hearing
Florida for the
real property
" k'(\'-' r ' C e 1\ Ie....
9' .5' S. C_ .s v~.
in the above referenced Enforcement Board Case, hereby agrees that
violation(s) enumerated below continue to exist as of III;'I.-!!? 'i on
property noted above in violation of the City of Delray Beach, Florida,
of Ordinances.
the
the
Code
CODE OF ORDINANCES REFERENCE(S) CONTINUING VIOLATIONS
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10' ,,(, f'be< c1.r::. L(e l'7 I?c vI1e1,
Based upon the continuing violation(s) cited above, I hereby w7ive the formal
hearing before the Code Enforcement Board ~cheduled for ~~2!fJf
and request that I be given until 'la 1 f !l to correc t said
violation(s). I
I understand that:
1.
In the event that all violations are n
correction date noted above, a fine of
per violation shall be imposed commencing
violations are finally corrected.
corrected
'25
from
the
day
agreed to
(per diem)
until all
2. In the event fines are imposed and not paid, a lien for the amount of
fines assessed will be filed against the real property upon which the
violation(s) exists. The City may ultimately have the authority to
foreclose on the property against which the lien is filed.
I have read and I understand the above Stipulation terms. I understand that
this Stipulation is not effective until and unless accepted by the City's Code
Enforcement Board during' a formal hearing. A copy of this form will be sent
to you after acceptance or denial by the Code Enforcement Board.
YOU MAY WISII TO CONSULT WITH YOUR ATTORNEY
_ NAME OF OWNER/AUTHORIZED AGENT OF
PROPERTY WHERE VIOLATION EXISTS
PVO~ TO ,SIGNING TillS FURi'I.
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[ITY DF DELRAY HEA[N
100 N.W. 1st AVENUE
DELRAY BEACH, FLORIDA 33444
407/243- 7000
December 13, 1989
Mr. Harry F. Kwartler
Kwartler Associates, Inc.
6871 Fountains Circle
Lake Worth, Florida 33467
Re: 2055-85 South Congress Avenue
Dear Mr. Kwartler;
Your request for waiver of sign code will be considered
by the Delray Beach City Commission at their Special
meeting on December 27th at 5;30 p.m.
Yours truly,
~~,~~~
Interim City Manager
MB;nr
cc: Mayor and City Commission
Robert A. Kwartler
[ITY DF DELAAY HEA[N
100 N.W. 1 st A VENUE
DELRAY BEACH, FLORIDA 33444
407/243-7000
NOTICE OF INTENT TO SELL
NOTICE IS HEREBY GIVEN, that the City of Delray Beach,
Florida, has determined to sell the following described parcel of
real property:
Lots 1 and 2, Block "D", JOHN B. REID'S VILLAGE,
Delray Beach, Florida, according to the Plat
thereof on file in the Office of the Clerk of
the Circuit Court in and for Palm Beach County,
Florida, recorded in Plat Book 21 at Page 95.
TO-date, two (2) offers have been received by the City of Delray
Beach with respect to the sale and purchase of the subject
property. As to the first offer, the proposed purchase price of
the property is $450,000.00. As to the second offer, the pro-
posed purchase price of the property is $474,900.00. There will
be a standard division of the costs of closing the transaction,
including title insurance and document preparation. Further
information, including other terms and conditions of the sale, as
available, may be obtained from the City Manager's office. The
City Commission of the City of Delray Beach, Florida, shall hold
a public hearing on all offers relative to the proposed sale at a
special City Commission meeting to be held on Wednesday, December
27, 1989, at 5:30 P.M. in the City Commission Chambers at City
Hall, 100 N.W. 1st Avenue, Delray Beach, Florida.
Please be advised that if a person (s) decides to appeal any
decision made by the City Commission with respect to any matter
considered at this meeting or hearing, such person(s) will need a
record of these proceedings, and for this purpose such person(s)
may need to ensure that a verbatim record of the proceedings is
made, which record includes the testimony and evidence upon which
the appeal is to be based. The City does not provide or prepare
such a record.
PUBLISH: Delray Beach News
December 16, 1989
December 23, 1989
CITY OF DELRAY BEACH
Elizabeth Arnau
City Clerk
THE EFFORT ALWAYS MATTERS
[ITY OF DELAAY HEA[N
100 N.W. 1st AVENUE
DELRAY BEACH, FLORIDA 33444
407/243.7000
NOTICE OF INTENT TO SELL
NOTICE IS HEREBY GIVEN, that the City of Delray Beach,
Florida, has determined to sell the following described parcel of
real property:
Lot 35 (less the East 80 feet thereof), DELRAY
BEACH ESTATES, according to the Plat thereof on
file in the Office of the Clerk of the Circuit
Court in and for Palm Beach County, Florida,
recorded in Plat Book 21 at Page 13.
The proposed purchase price of the property is $250,000.00, and
there will be a standard division of the costs of closing the
transaction, including title insurance and document preparation.
Further information, including other terms and conditions of the
sale, as available, may be obtained from the City Manager's
office. The City Commission of the City of Delray Beach, Flori-
da, shall hold a public hearing on all offers relative to the
proposed sale at a special City Commission meeting to be held on
Wednesday, December 27, 1989, at 5:30 P.M. in the City Commission
Chambers at City Hall, 100 N.W. 1st Avenue, Delray Beach, Flori-
da.
Please be advised that if a person (s) decides to appeal any
decision made by the City Commission with respect to any matter
considered at this meeting or hearing, such person(s) will need a
record of these proceedings, and for this purpose such person(s)
may need to ensure that a verbatim record of the proceedings is
made, which record includes the testimony and evidence upon which
the appeal is to be based. The City does not provide or prepare
such a record.
PUBLISH: Delray Beach News
December 16, 1989
December 23, 1989
CITY OF DELRAY BEACH
Elizabeth Arnau
City Clerk
THE EFFORT ALWAYS MATTERS
[ITY OF DELAAY HEA[N
100 N.W. 1st AVENUE
DELRAY BEACH, FLORIDA 33444
407/243-7000
NOT ICE
REQUEST FOR WAIVER OF CITY ORDINANCE
The City Commission of the City of Delray Beach, Florida, has
received a request from The Linpro Company, for a waiver,
pursuant to Section 30.15 of the Code of Ordinances of the City
of Delray Beach, to the provisions of Title XV, "Building
Regulations", Chapter 162, "Signs and Billboards", "Structure
Specifications", Section 162.055, "Clearance Height and
Setbacks", of the Code of Ordinances of the City of Delray Beach,
Florida; specifically, Section 162.055(B) (1) which requires that
the setback for a sign shall be ten (10) feet unless a special
setback is designated for the street or zoning district. The
waiver requested is to allow a sign to encroach within the
required ten (10) ft. setback. The City Commission will, at a
special meeting to be held on December 27, 1989, consider waiving
the applicability of Section l62.055(B) (1) to allow a free-
standing sign to remain at the following location:
Linpro's Delray Commercial Centre
955 South Congress Avenue
Delray Beach, Florida
A Public Hearing on the aforementioned waiver of the City's Code
of Ordinances will be held on Wednesday, December 27, 1989, at
5:30 P.M. in the City Commission Chambers at City Hall, 100 N.W.
1st Avenue, Oelray Beach, Florida.
Please be advised that if a person(s) decides to appeal any
decision made by the City Commission with respect to any matter
considered at this meeting or hearing, such person(s) will need a
record of these proceedings, and for this purpose such person(s)
may need to ensure that a verbatim record of the proceedings is
made, which record includes the testimony and evidence upon which
the appeal is to be based. The City does not provide or prepare
such a record.
PUBLISH: Delray Beach News
December 16, 1989
CITY OF DELRAY BEACH
Elizabeth Arnau
City Clerk
THE EFFORT ALWAYS MATTERS
[ITY OF DELAAY HEA[N
100 N.W. 1st AVENUE
DELRA Y BEACH, FLORIDA 33444
407/243-7000
NOT ICE
REQUEST FOR WAIVER OF CITY ORDINANCE
The City Commission of the City of Delray Beach, Florida, has
received a request from Kwartler Associates, Inc., Agent for
Regent Associates, for a waiver, pursuant to Section 30.15 of the
Code of Ordinances of the City of Delray Beach, to the provisions
of Title XV, "Building Regulations", Chapter 162, "Signs and
Billboards", "Structure Specifications", Section 162.055,
"Clearance Height and Setbacks", of the Code of Ordinances of the
City of Delray Beach, Florida; specifically, Section
l62.055(B) (1) which requires that the setback for a sign shall be
ten (10) feet unless a special setback is designated for the
street or zoning district. In this instance, there is a special
setback requirement of thirty (30) feet. The waiver requested is
to allow a sign to encroach within the required thirty (30) ft.
setback on Congress Avenue. The City Commission will, at a
special meeting to be held on December 27, 1989, consider waiving
the applicability of Section 162.055 (B) (1) to allow a free-
standing sign to remain at the following location:
2055-85 South Congress Avenue
Delray Beach, Florida
A Public Hearing on the aforementioned waiver of the City's Code
of Ordinances will be held on Wednesday, December 27, 1989, at
5:30 P.M. in the City Commission Chambers at City Hall, 100 N.W.
1st Avenue, Delray Beach, Florida.
Please be advised that if a person (s) decides to appeal any
decision made by the City Commission with respect to any matter
considered at this meeting or hearing, such person(s) will need a
record of these proceedings, and for this purpose such person(s)
may need to ensure that a verbatim record of the proceedings is
made, which record includes the testimony and evidence upon which
the appeal is to be based. The City does not provide or prepare
such a record.
PUBLISH: Delray Beach News
December 16, 1989
CITY OF DELRAY BEACH
Elizabeth Arnau
City Clerk
THE EFFORT ALWAYS MATTERS
[ITY OF DELRAY HEA[N
100 N.W. 1st AVENUE
DELRAY BEACH, FLORIDA 33444
407/243.7000
MEMORANDUM
TO:
Malcolm T. Bird, Interim City Manager
FROM: ~Robert A. Barcinski, Asst. City Manager/Community Services
SUBJECT: SALE OF ADULT BOOK STORE PROPERTY
DATE: December 8, 1989
We have received an offer to purchase City owned property located at
2507 North Federal Highway, in the amount of $250,000. This item is
before you to determine if the terms of the sale are acceptable to
Commission, and for Staff direction. The buyer is proposing to make a
$12,500 deposit into escrow upon acceptance of the contract, secure a
loan in the amount of $187,500 within 60 days of acceptance of the
contract and pay the balance of $50,000 upon closing, which is
tentatively set for on or before February 28, 1989. In addition, an
addendum is attached to the contract setting forth conditions. These
conditions are as follows:
1. Buyer will only consummate this contract if the seller changes the
zoning to permit sales and service of all types of Lawn Mowers and
permit retail sales and service or other gardening equipment, when the
property is annexed into the City of Delray Beach, and further
represents to the buyer that such permitted use will remain unmodified
through the date, such property is annexed into the City of Delray
Beach. This representation shall survive closing hereof.
2. Seller will be responsible for defining all site deficiencies and
define what requirements there are to being the property up to Code for
the described business referred to above. If the cost of doing the
repairs and bringing up to code is more than 3% of the contract buyer,
at his option, has the right to cancel the contract and all Escrow
deposits returned or waive their right of cancellation,
3. Buyer has the right to do a hazardous material inspection, and if
in the event the presence of hazardous material is found, seller has
the right to clean the property to safe conditions, if the seller does
not do the clean up, buyer has the right to cancel the contract or do
the clean up.
Item 2 above raises some concerns. To bring the property
parking improvements, landscape improvements, electrical,
roof and other structural improvements will need to
up to code
plumbing,
be made.
THE EFFORT ALWAYS MATTERS
Additionally, the City has been notified by the County Health
Department that we need to hook the facility up to City water service.
We do not have an estimate of what these improvements will cost at this
time, but anticipate that they might exceed the 3% of contract price
figure.
The issue concerning permitting the sale
will need to be addressed by either the
through a Code change.
of lawn mowers and servicing
Planning and Zoning Board or
This item has been sent to the Board of Realtors Advisory Committee for
review and comment, We anticipate receiving a response back before the
Tuesday night meeting.
The appraisal done on this property in May, 1989 estimated the value at
$215,000. The purchase price 'was $250,000. The advertised asking
price is $250,000. Additionally, the Commission had agreed to pay a
five percent brokerage Commission, If this offer is acceptable to the
Commission, the net proceeds, after the payment of the commission would
be $237,500.
Recommend consideration of terms for the sale of property at 2507 North
Federal Highway, and direct Staff to advertise for public hearing.
RAB/sfd
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and 0/1.- co ._, ("Buyer'-j
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hereby agree that the Seller shall sell and Buyer shall buy the following re;:J1 property {"Real ProperlY") rmd personal property ("Personalty") (collectively ."~roperty") upon the followil
terms nnd conditions which INCLUDE the Standards lor Real Estnte Transaclions printed on the reverse or attached ("Standard{s)") and any addendum to this Instrument.
_ ("S8lIpr'''1
(phone .2 '7"1 - 7 /r.d - I
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Street address. city, zip, of the Property is: ;2.., -c. E/l. c..
Personalty: IJ At' ...; AI ()/ L/' ~ ><... 5 (<' r I A/ "..;..
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PURCHASE PRICE.
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PAYMENT, . L'J _ SC~c/'.
(a) DepOSjt(S)tobeheldineSCrOWby,s;,,,~J:i.oA/t7A ''''~6^,nt!"<''LNc/'''1UV'lJ.aCipr'',v(tf61 in the amount 01 $
(b) Subject to AND assumption of mortgage in good standing in favor of
/ .2,,stYO ,00
having an approximate present prineipal balance of $
Purchase money mortgage and morlgage note bearing annual interest at % on terms set forth herein, in amount of . . $
Olhe" 1r),e:W 1.57 J'J1,.,,,-n,u/tPe #6"" #/1,,-,,(;/1/1/9/"1' .tI $
- ",
(e) Balance to close (U.S. cash, LOCALLY DRAWN certified or cashier's chock), subject to adjustments and prorations. ........ $
III, TIME FOR ACCEPTANCE; EFFECTIVE DATE: If this offer is nol executed by and delivered to all parties OR FACT OF EXECUTION communicated in writing between tlle parti
on or before </~/ 90 , the deposii{s) will, at Buyer'S option, be returned to Buyer and the ollr'l wilhdra""
,
The o8te of this Contract ("Effective Date") will be the date when the last one 01 the Buyer and the Seller has signed this offer.
IV, FINANCING: (a) If the purchase price or any paJt of it is to be financed b~ a third P8r1Y lo~r.l, ".lis Conlract for Sale and Purchase ("Contract") is conditioned l!' tho Buy
obtAining a written commitment for the loan within (00 days from Effective Date, at an lnlbnllllterest rate not to exceed ) I %; term of / ye81
and in the principal amount of $ I 5l 7; ~ or), on . Buyer will make <Jpplication willlin / ~. dflyS from Effective Date, find use reasonnble diligonce to obtain 1111' lonn C(ll
mitent ,1I1d, thereafter, to meet the terms and conditions of the comlllitiment rmd to close the loan. Buyer shrill pay all loan expenses, If Buyer felils to obtain the loan COI 111l(~nt <lI
promptly notifies Seller in writing, or after diligent effort fails to ll1eet Ihe lerms and conditions of the commitment or to waive Buyer's rights under this subparagraph will,ill lhe Iii
stated for oblaining the commitment, then either party m2Y cancel the Contract and Buyer shall be refunded the deposit(s).
(b) The existing mortgage described in Paragraph lI(b) above has (CHECK (1) OR (2)): {1) 0 a variable interest rate OR (2) 0 a fixed interest rate of 0,:' per annll
At time oltille transfer some fixed inlerest rales are subject to increase. If increased, the rate shall not exceed % per annum. Seller shall, within
days from Effective Date, furnish a statement from all modgf-lgeps stating principal balances, method of payment, interest rate and stalus of mortgages. If Buyer has agreed to flssur
a morlgage which requires approval of Buyer by the mortgagee for assumption, then Buyer shall promptly obtain all reqlJired applications and will diligently complete and relurn tll'
to the mortgagee. Any mortgagee charge(s) not 10 exceed $ shall be paid by (if not filled in, equally divided), If the Buyer is not accept'
by mortgagee or the requiremenlS for assumption are not in f1cGordance with the terms of the Contract or mortgagee makes a charge in excess of the slated amount, Seller
Buyer may rescind this Contract by prompt written notice to the other party unless either elects to pay the increase in interest rate or excess morlgagee charges.
V. TITLE EVIDENCE: At least ~5JIlYS before closing d<1te. Seller shall, at Seller's expense, deliver to Buyer or Buyer's attorney, in accordance with Stondard A, (Check I
or (2)): (1) 0 abstract of tille OR (2)urtitle insurance cornmitrnel\t. / /'1() O,vSco/f/tf/l. /1T8LtJ'G'$ "~rl"K
VI. CLOSING DATE: This transaction shall be closed and the dr~0.d ;:Hld other closing papers delivered on 2 .2 5( , unlilss extended by other provisions of Conll:l
I I
VII, RESTRICTIONSj EASEMENTSj LIMITATIONS: Buyer shall t<lke title subject to: zoning, restrictions, prohibitions and other requirements imposed by governmentDl author IV 'osll-icti(}
cllld Imltels appearing on the plat or otherwise common to the subdivision; public utility easements of record (easements are to be located contiguous to Real Prop' ,11'1 lines ,\
110t mOle than 10 feet in width as to the rear or front lines and 7'h feet in width as to the side lines, unless otherwise specified herein); taxes for year of closing and subsequ(
yems; Clssumed mortgages ond purchose money mortgages, if any; olher:
(e)
(d)
/8~ 5tJO,OO
';'n, OM ,00
]!OvidprI, Illflt there exists at closing no violation of the foregoing and none 01 them pmvents use of Reol Property for 11 Sn1If.LLL1~61A.<:! 7()~A/I?EE^ OJFA~~"- ~,p purposr'\
[VIII. OCCUPANCY: Seller warrants t!lat there ore no parties in occupancy other than Seller. hut if Property is intended to be rented or occupied beyond closing, the fact ;:md terr
thereof shsll be stated herein. and the tenRnt(s) or occupants disclosed pursuant to Standard F. Seller agrees to deliver occupancy of Property at lime of closing unless otherwl
staled herein. If occupancy is to be delivered bef€lre closing, Buyer assumes all risk of loss to Property from date of occupancy, shall be responsible and liable for maintenance fn
tl13t date, and shall be deemed to have accepted Property in their e)(isting condition as of time of taking occupancy unless otherwise stated herein or in a separate writing.
IX. TYPEWRITTEN OR HANDWRITTEN PROVISIONS: Typewrillen or handwrillen provisions shall control all printed provisions of Contract in conflict with them.
X. INSULATION RIDER: If Contract is utilized for the sale of a new residence, the Insulation Rider or equivalent may be attached.
XL COASTAL CONSTRUCTION CONTROL LINE ("CCCl") RIDER: If Contract is utilized for the sale of Property affected by the CCCL, Chapter 161, F.S" (1985), as <1ll1en(\,
shall apply and the CCCL Rider or equivalent may be attached to this Contract.
XII. FOREIGN INVESTMENT IN REAL PROPERTY TAX ACT ("FIRPTA") RIDER: The parties shall comply with the provisions 01 FIRPTA and applicable regulations which co
require SeHer to provide additional cash at closing to meet withholding requTre"ments, and the FIRPTA Rider or equivalent may be allached to this Contract,
XIII. ASSIGNABILITY: (CHECK (1) or (2)): Buyer {1) ~ay assign OR (2) 0 may not assign Contract.
XIV. SPECIAL CLAUSES: (CHECK (1) or (2)): Addendum (1) ~ atla~hed OR (2)0 Is not applicable.
THIS IS INTENDED TO BE A LEGALLY BINDING CONTRACT.
IF NOT FULLY UNDERSTOOD, SEEK THE ADVICE OF AN ATTORNEY PRIOR TO SIGNING,
THIS FonM HAS BEEN APpnOVED BY THE FLORIDA ASSOCIATION OF REALTORS AND THE FLORIDA BAn.
Approval does not constitute an opinion that any of tha temlS and conditions in this Con/met should be accepted by the parties ill a particular ltansaclion. Terms
and conditions should be negotiated based upon the respective interests, objectives and bargaining positions of al/ interested persons.
COPYRIGHT 1988 BY THE FLORIDA BAR AND THE FLORIDA ASSOCIATION OF REALTORS, INC
0~-----~/
I <t. ~ r /y-~
.... (Buyer)
I ?. -7 -I?'ji Dale
Dc
(Seller)
Social Security or Tax 1.0. #
12 -So '-.8'7 Dale
Oal
(Seller)
Social Security or Tax I.D. II
Deposit(s) under Paragraph II received; IF OTHEn THAN CASH, THEN SUBJECT TO CLEARANCE. (Escrow ^~Jf'
BROKER'S FEE: {CHECK & COMPLETE THE ONE APPLICABLE) By:
o IF.A LISTING AGREEMENT IS CURRENm~~..~.!:'=--~.!;
seller agrees to pay the Broker named below, ulchiling cooperating sub-agents named, according to the terms of an existing, sepmate listing agreement:
OR
[g/IF NO LISTING AGREEMENT IS CURRENTLY IN EFFECT:
Seller shall pay the Broker named below, at lime 01 Clornrlg, from the disbursements of the proceeds of the sale, compensation in the amount of (COMPLETE ONLY m
~ % of gross purchase price OR $ , for Broker's services in effecting the sale by finding the Buyer ready, willing and able to purchase pursuant to the forego
ContrAct. If Buyer fails to perform and deposil(s) is retained, 50% thereof, but not exceeding the Broker's fee above provided, shall be paid Broker, as full consideration for Brok.
services including costs expended by Broker, and the balance shall be paid to Seller. If the transaction shall not close because of refusal or failure of Seller to perform, Seller sl
pay the futi fee to Broker on demand. In any litigation arising our of the Contract concerning the Broker's fee, the prevailing party shall recover reasonable attorney fees and co'
(Seller)
(name of cooperating sub-agent)
(Seller)
RIDERS CAN BE OBTAINED FROM THE FLORIDA ASSOCIATION OF REALTORS OR THE FLORIDA BAR.
L. FAR/BAR 002~87b (1/88)
STANDARDS FOR REAl. ESTATE TRANSACTIONS
A. EVIDENCE OF TITLE: (1) An abstrncl of title prepared Of. brought current by a reputable and existing abstract firm (if not existing then certified as correcl by an existing firn
purporting 10 be an accurate synopsIs of the instruments allecling tItle to Real ,Properly recorded In the public records of the county wherein Real Property is located, through Ellech\
Dale and which shall commence with the earhest pubhc records, or such later dale as may be customary In the county. Upon closing of this transaction the abstract shall beeon
lIle properly of Buyer. subJect, to the right 01 retentIOn thumol by fIrst morlgagoe until fully paid. (2) A lIt1e insurance commitment ISsued by a Florida licensed title insurer agreelf
to isSUl:: 10 Buyer, upon recording at the deed 10 Buyer. an owner's pOlICY 01 hlle Insurance in the amount 01 the purchase price. insuring Buyer's btle to Real Property. subject on
to liens, encumbrances, exceptions or qualification set forth ,in this Contract and those which shall be ~ischarged by Selle_r at or before cloSIng.. Seller shall cOllvey a marketab
tItle SUbtect only to hens. encumbrances. exceptIons or qualifications set lorth in Contract Marketable utle shall be determined according to applicable Tille Standards adopted t
aut~rity of The Florida Bar and in accordance With law. Buyer shall have, 30 days. II abstract. or 5 days, If title commitment, from date of receiVlf'19 ~vidence 01 title to examir
II. lflille IS found defective, Buyer shall, wlthm 3 days, notify Seller in WritIng speCifYing delect(s). II the defect(s), render, litle unmarketable. Seller will have 120 days fro~ recell
at notice within which to remove lhu detect(s), lalling whICh Buyer sMlI hilvo the option 01 either llccopling the title as It then is or demanding a, relund of deposit(s) paId whl{
shall immediately be returned to Buyer; thereupon Buyer and Seller shall relcaso one another of all further obligations under the Contract. Seller Will, if title is found unmarketabl
use diligent eHort to correct defcct{s) in title within the time provided therefor, Including the bringing 01 necessary suits.
B. PURCHASE MONEY MORTGAGE; St;:CURITY AGREEMENT _ TO, SELLER: A purchase money mortgage and mortgage note to Seller shall provide for a 30 day grace period
lhe event of default II a IIrst mortg<ige and a 15 day grace panod II a second or lesser mortgage; shall provide for ught of prepayment In whole or I~ part Without pena.lI.y; ~h,
not permit acceleration or interest adjustment in event of resale of Real Property; shall reqUire all prior lien and encumbrances to be kept In good standing and lorbid modlflcallor
of or luture advances under prior mortgage(s); and the mortgage, note and security agreement shall be otherwise in form and contenl required by Seller: but Seller may only requll
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 count
wherem Real Property is located. All Personalty and leases being conveyed or assigned will, at Seller's option, be subject to the lien of a security agreement eVidenced by record€
linancing statements. II a balloon mortgage, the final payment will exceed the periodic payments thereon.
C. SURVEY: Buyer, at Buyer's expense, within time allowed to deliver evidence of tilte and to examine same, may have Real Property surveyed and certified by a registered Flori,
surveyor, If survey shows encroachment on Real Property or that Improvements located on Real Property encroach on setback lines, easements, lands of others. or violate any restrictlo.l
Contract covenants or applicable governmental regulation, the same shall constitute a title defect.
Operator to determine il there is any visible active termite infestation or visible existing damage from termite infestation in the improvements. II either or both ,yer w
have 4 days Irom date 01 written notice thereol, within which to have all damages . . . r. general cont~actor. Sell!
"'Delli p~, .614 ""..I" vI ,I,cfttmeAHM repllI;1 ot-att dallldlJl: urr1 . , '.
Within 5 days atter receipt 01 contractor's ~ffilat y g.ving written nobce to Seller or Buyer may elect to proceed . In which event Buyer shall recei~
a Cr~I---(lIesirg-ohn'ramount equal to the total 01 the lreatmen '" pure ase price. "TermitesH shall be deemed to include all woo
M'<:"imyir,g organL~rnueQuir.ecJJQ___be,~p.9f:t_~~!Lu_rl~r the . SL~ontrol Art _
E. INGRESS AND EGRESS: SelJer warrants and represents that there is ingress and egress to the Real Property sufficient for the intended use as described in Paragraph VII heree
title to which is in accordance with Standard A.
F. LEASES: Seller shall, not less than 15 days before closing, lurnish to Buyer copies of all written leases and estoppel letters from each tenant specifying the nature and duratic
0' the lenanl's occupancy. rental rates, advanced rent and security deposits paid by tenant. " Seller is unable to obtain such letter from each lenant, the same information shall, b
furmshed by Seller to Buyer within that lime period in the form of a Seller's affidavit, and Buyer may thereafter contact tenants to confirm such information. Seller shall, at closln,
deliver and assign aU original leases to Buyer.
G. LIENS: Seller shall furnish to Buyer at time 01 closing' an affidavit allesting to the absence. unless otherwise provided lor herein. of any financing statements, claims of lien (
potential lienors known to Seller and further attesting that . there have been no improvements Ol repaits to Property for 9Q.. days immediately preCeding date 01 closing. II Propert
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 materialme
in addition to Seller's lien affidavit setting forth the names of all sucI1 general contractors. subcontractors, suppliers and materialmen and further alfirming that all charges for improvement
or repairs which could serve as a basis lor a mechanic's lien or a claim lor damages have been paid or will be paid at closing.
H. PLACE OF CLOSING: Closing shall be held in the counly where Real Property is located. at the office at the attorney or other closing agent designated by SeUer.
I. TIME: Time is of the essence 01 this Contract. Time periods herein of less than 6 days shall in the computation exclude Saturdays, Sundays and state or national legal holiday
and any time period provided for herein which shall end on Saturday. Sunday or legal holiday shall extend to 5:00 p.m. of the next business day.
J. DOCUMENTS FOR CL.OSING: Seller shalllurnish deed. bill of sale. mechanic's lien affidavit. assignments 01 leases. tenant and mortgagee estoppel letters, and corrective Instrument'
Buyer shalllurnish closing statement. mortgage, mortgage note, security agreement, and linanclng statements.
K. EXPENSES: Documentary stamps on the deed and recording corrective instruments shall be paid by Seller. Documentary stamps, intangible tax and recording purchase mane
mortgage to Seller, deed and financing statements shall be paid by Buyer.
L PRORATlONSj CREDITS: Taxes. assessments. rent, interest, insurance and other expenses and revenue 01 Property shall be prorated through day before Closing. Buyer shall hav
the option of taking over any existing policies 01 insurance. if assumable, in which event premiums shall be prorated. Cash at Closing shall be increased or decreased as may b
required by prorations. Prorations will be made throogh day prior to occupancy if occupancy occurs belore closing. Advance rent and security deposits will be credited to Buyer an
escrow deposits held by mortgagee wUI be, credited to Seller. Taxes shall be prorated based on the current year's tax with due allowance made for maximum alfowable discoun
homestead and other exemptions. II closing occurs at a date when the currel1t year's millage is not fixed. and cll.rrent year's ,8S$88&men.t is available.t<l)(8~ ,will be prorated base
upon such assessment and the prior _year's millage. U .current year's assessment i& not 8\/ailable. _then talces will be prorated on the prior year's lax. If there are completed improvement
on Real Property by January 1st of year 01 closing which improvements were not in existence on January 1st 0' the prior year then taxes shall be prorated based upon the prie
year's millage and at an equitable assessment to be agreed upon between the parties. failing which. request will be made to the County Property Appraiser for an informal assessmer
taking into consideration available exemptions. Any tax proration based on an estimate may, at request of either Buyer or Seller. be subsequently readjusted upon receipt of tax b
on condition that a statement to that effect is in the closing statement.
M. SPECIAL ASSESSMENT UENS: Certified. confirmed and ratified special assessment liens as 01 date of closing (and not as 01 Effective Date) are to be paid by Seller. Pandin
liens as ot date, of closing shall be assumed by BUyer. If the improvement has been substantially completed 8ft of Effective Date, such pending lien shall be considered as certifiel
conlirmed or ratified and Seller shall. at closing. be charged an amount equal to the last estimate of assessment for the improvement by the public body.
N. INSPECTlON,REPAIR AND MAINTENANCE: Selle, nA..J,..tw U.al, ae sf 18 de.~B p":-'. Ii\ i'InCli...... tkA t"!Ailirv'l mnf lincllldinn In... ~~;.. ....11 ~6ffi+nl "'~ Q'(tArior and Intmicv.-..wQU
rln ......t R8'~ aAy-VtS1DL[ [\'IDI="'~I= gf leak&-of-wa. rl"'....."'QI\-aRd-thaHhe--.septic. b:.fII{. Il.e.al. I!llll.lI!i.;.. IiIprl;"'ni'.:r.Q MAli"!), coolir:JkeJe9:tr~I,p1_urnbing...$y~tf;UnS-.and,rnacllirlefy-tIr
'In 'lJOAKlI~a COI45ITI8N-.-Buyef may. at Buyer's expense, hllve inspections made of those items by an appropriately Florida licensed peison oealing In the construction, repair c
maintenance of those items and shall report in writing to Seller such items that do not meet. the above standards as to delects together with the cost of correcting them, prior t
Buyer's occupancy or not less than 10 days prior to closing. whichever occurs first. lJAIl381l R'Rj"'" -(Y'~t!'l. !'I.l~h rtAf~ct" "'ilhiA-tAaUkne-Buy"r ~hii11l as Beemed tQ he"':> '''Q:' ell Seller:
~i~1iasto--~fects...1lQ.t_If.ij~){lQ...d.Jt.-.cepairs...or_replaGement-._ar~, Sell9l' i:RJ.1I P"1I "I' In ~l%. nI tM p...rh"''''''' wieJ lv, -'I a'~I~ ~. ,a~13o;Qme"ts b~ 8.A ^ppr.....p~i::ilt"'l
. Florfdahcensed person..wlected-bv'SeIIer.'If the cost fOl" such repairs or replacement exceeds 3~ of the purchase price. Buyer or Seller may elect 10 pay such 6)(cess. lailing whic
either party may cancel this Contract. U Seller is unable to correct the defects prior to closing, the cost thereof shall be paid into escrow at closing, Seller will, upon reasonabl
notice, provide utilities service for inspections. Between Ellective Date and the dosing. Seller shalt maintain Property including but not limited 10 the lawn and shrubbery, in the conditio
herein warranted, ordinary wear and tear excepted. Buyer shall be permitled access lor inspection 01 Property prior to closing in order to conlirm compliance with this Standar(
O. RISK OF LOSS: If the Property is damaged by lire or other casualty belore closing and cost of restoration does not exceed 3% of the assessed valuation of the Property s
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 COf
01 restoration exceeds 3% of the assessed valuation 01 the improvements so damaged. Buyer'Shall have the option of either taking Property as is, together with either the 3% c
any insurance proceeds payable by virtue 01 such loss ~r, damage, or 01 cancelling Contract and receiving return of deposit(s).
P. PROCEEDS OF SALE; CLOSING PROCEDURE: The deed shall be recorded f.4)on clearance 01 funds, If abstract, evidence of title shall be continued at Buyer's expense to sho..
title in Buyer. without any encumbrances or Change which would render Seller's title unmarkelable from the date of the lasf evidence. Proceeds of the sale shall be held in escrm
by Seller's attorney or by.such other mutually acceptable escrow agent for a period of not longer than 5 days lrom and aller closing date. It Seller's title is rendered unmarketablt
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 01 such notification to cur,
the delect. If Seller lails to Iimely cure the defect, all deposit(sj shall. upon written demand by Buyer and within 5 days aller demand, be returned to Buyer and simultaneously wit
such repayms(lt, Buyer shall return Personalty and vacate Real Property and reconvey it to Seller by special warranty deed. II Buyer fails to make timely demand lor refund, Buye
shall take title as is, waiving alt rights against Seller as to any intervening defect except as may be available to Buyer by virtue of warranties contained in the deed. II a portio,
of the purchase price is to be derived from institutional financing or refinancing, reqUirements of the Ienaing institution as to place, time 01 day arxl Procedures 10( closing, and fa
disbursement 01 mOl"lgage proceeds shall control Ovtlr contrary provision in this Contract. Seller &hall have the right to require from the lending institution a written commitment tha
it will not withhold disbursement of mortgage proceeds as a result 01 any tille defect attributable to Buyer-mortgagor. The escrow and closing procedure required by this Standar,
may be waived if title agent insures adverse matters pursuant 10 Section 627.7841. F.S. (1987). as amended.
Q. ESCROW: Any escrow agent ("ooent") receiving funds or equivalent is .:luthorized and agrees by acceptance of thom to deposit them promptly. hold same in escrow and. subjec
to clearance. disburse them in accoraai1ce with terms and conditions of Contract. Failure of clearance 01 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 Agent's option. continue to hold the subject malter of the escrow until the parties mutuallY agree to its disbursemenl
or until a judgment 01 a court 01 competent jl.lriscliG;tion shall determine the right$ 01 the parties ,or Agent may deposit with the_ cl~rk 01 the circuit oourt having jurisdiction 01 till
dispute. Upon notilying all parties concerned 01 such actiOn. all liability on the part of Agent shall fully terminale, except ,10 ttle extent of accounting lor any items previously deliverel
out of escrow. If a hcensed real estate broker, Agent will comply with provisioos of Chapter 475, F.S. (1987), as amended. Any suit between Buyer and Seller where Agenl is mad!
a party because o( acling as Agent hereunder, or in any suit wherein Agent interpleads the SUbject matter of the escrow. Agent shall recover reasormble attorney's fees and cost:
incurred with the fees and costs to be charged and assessed as court costs in favor 01 the prevailinr party. Parties agree that Agent shall not be liable to any party or parSOI
for misdelivery to Buyer or Seller of items SUbject to this escrow. unless such misdelivery is due to willlulbreach 01 Contract or gross negligence of Agent.
R. ATTORNEY fEES; COSTS: In any-litigation arising aut of this Contract, the prevailing party shall be entitled to recover reasonable attorney's fees and costs.
S. FAILURE OF PERFORMANCE: II Buyer tails to perform this Contract within the lime specified (including payment of all deposit(s)). the deposit(s) paid by.Buyer may.be retaine(
by or for the account of Sellef as agreed upon liquidated Camages. consideration for the execution of this Contract and in lull settlement of any Claims; whereupon, Buyer and Selle
shall be relieved of all obligations under Contract; or Seller, at SaUer's OPtion, may proceed.~n equi~y to,enforce Seller's rights under this Contract. II. for any reason other than lailurl
of SeUer to make Seller's title marketable aller dil.igent alfort, Seller fails, neglects or refuses to perlorm this Conlract, the Buyer may seek specific performance or elect to receiv.
the return of Buyer's deposit(s) without thereby waiving any action lor damages resulting from Seller's breach.
T. CONTRACT NOll'RECORDABlEj PERSONS,aOUND; NOTICE: Neither this Cqntract nor any notice of it shall be recorded in any public records. This Contract shall bind am
inure to the benef!t of the parties and their ~cessors in interest. Whenever. the CQntexl pB(mit5. singular sh,all, inclucie plural, and Qne gender .shall i~ll1(:le all Notice given by 0,
to the attorney for any party shall be as effective <!os .1 given by or to that party. ". '_. -. . . . ,
U. CONVEYANCE: 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, subjec
only to mailers contained in Paragraph VII and those otherwise accepted by Buyer. Personalty shaU, at request of Buyer, be translerred by an absolute bill of sale with warranl~
01 tIlle, SUbject only to such matters as may be otherwise provided for herein.
V. OTHER AGREEMENTS: No prior or presenl agreements or representations shall be binding uPon Buyer or Seller unless included in this Contract. No modification or change ir
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. WARRANTIES: Seller warranU;ri that there are no facts known to Seller materially affecting the value of the Real Property which are not readily observable by Buyer or whict
have not been disclosed to Buyer. .
""~~,.rl~"" .....1'>... ".. "'''r fRO
ADDENDUM
XIV SPECIAL CLAUSES
1.) Buyer will only consummate this contract if the seller
changes the zoning to permit sales and service of all types
of Lawn Mowers and permit retail sales and service or other
gardening equipment, when the property is annexed into the
City of Delray Beach, and further represents to the buyer
that such permitted Use will remain unmodified through the date,
such property is annexed into the City of Delray Beach. This
repreSentation shall survive closing herEof.
2.) Seller will be responsible for defining all site defiecies
and define what requirements ther are to bring the property up
to code for the described business referred to above. If the
cost of doing the repairs and bringing up to code is more than
37. of the contract buyer at his Option has the right to cancel
the contract and all Escrow deposits returned or waive there
right of cancellation.
3.) Buyer has the right to do a hazardous material inspection,
and if in the event the presence of hazardous material is found
seller has the right to clean the property to safe conditions,
if the seller does not do the clean'up buyer has the right to
cancel the contract or do the clean up.
n ,/~ ~~
.()17' ~ .2>.
BUYER
..~./' ~'
~'21_tU:LL .
,BUY R
..~
SELLER
SELLER
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER
SUBJECT: AGENDA REPORT - SPECIAL MEETING OF DECEMBER 27, 1989
DATE: December 21, 1989
Item No. 1 Public Hearing on Two Offers to Purchase City Owned
Property at Miramar and Venetian Drive, We have received two offers
to purchase City owned property located at the corner of Miramar and
Venetian Streets. The first offer is in the amount of $450,000, The
buyer is proposing to make a $10,000 deposit into escrow upon
acceptance of the contract, secure a loan for $375,000 within 45 days
of acceptance of contract from a lending institution, and pay the
balance of $65,000 upon closing which is tentatively set for on or
before February 20, 1990. In addition, an addendum to the sales
agreement is attached which stipulates that the sale is contingent
upon satisfactory tests for soil boring, percolation and any other
test necessary for the intended use of construction of 15 units. The
net proceeds after paying the 5% commission on the sale would be
$427,500,
The second offer is in the amount of $474,900, The buyer is proposing
to make a $10,000 deposit into escrow upon acceptance of the contract,
pay an additional deposit of $37,490 within 10 days of the effective
date of the agreement, and pay the balance of $427,410 upon closing,
In addition, an addendum to the sales agreement is attached which
stipulates that the sale and closing is contingent upon the
satisfactory environmental audit of the property; the replatting of
the property and site plan approvals allowing for 15 zero lot line
parcels which would accommodate 15 two-story residential townhouse
units; and approvals from all other City agencies and Boards required
preliminary to issuance of build permits. At your last meeting the
City Attorney voiced a concern about the site plan and final plat.
The net proceeds after paying the 5% commission on the sale would be
$451,155.
The appraisal done on this property in January 1989, estimated the
current market value of this property based on 10 and 15 developable
units at $380,000 (ten developable units) and $430,000 (15 developable
units). The City's advertised asking price for this property is
$474,900. Additionally, the Commission had agreed to pay a five
percent brokerage commission. The net proceeds after payment of
commission would be $427,500.
Code requires a public hearing at which changes to the offers may be
presented.
The Board of Realtors Advisory Committee has recommended acceptance of
the all cash offer submitted on this property.
Recommend consideration of sale of property at Venetian and Miramar
Streets.
Item No. 2 Public Hearing on an Offer to Purchase the City Owned
Property at 2507 North Federal Highway (Adult Bookstore), We have
received an offer to purchase City owned property located at 2507
North Federal Highway (Adult Bookstore) in the amount of $250,000,
The buyer is proposing to make a $12,500 deposit in escrow upon
acceptance of the contract, secure a loan in the amount of $187 -00
within 60 days of acceptance of the contract and pay the balancl )f
$50,000 upon closing which is tentatively set for on or beflre
February 28, 1990. An addendum is attached to the contract setting
forth conditions. Which include:
AGENDA REPORT
Special Meeting of 12/27/89
A. To rezone or allow by similarity of use the sale and service
of lawn mowers.
B. Requiring the City to define all site deficiencies and the
requirements for bringing the property up to code. Giving the
Buyer the option to cancel the contract if the costs for bringing
the property into requirement is more than 3% of the contract
price.
C. Buyer to perform a hazardous material inspection
event hazardous material is found, the seller will
property to safe conditions or the buyer will have the
cancel the contract or clean up himself.
and in the
clean the
right to
The Planning and Zoning Board at their December 11th meeting, found
that a lawn mower use was similar to other uses allowable in the G.C.
zone district, There are some concerns about the provision to bring
the property up to code. Parking, landscape, electrical, plumbing,
roof and other structural improvements will need to be made.
Additionally, we received notification from the County Health
Department that this facility need to be hooked up to City water
service, Staff's estimate of what these code improvements will cost
is attached. Additionally, staff recommends that this condition be
removed from the sales agreement and the property be sold on an as is
basis.
The appraisal done on the
$215,000. The advertised
Commission had agreed to
this offer is acceptable
payment of the commission
property in May 1989 estimated the value at
asking price is $250,000. Additionally the
pay a five percent brokerage commission, If
to the Commission the net proceeds after
would be $237,500.
The Board of Realtors Advisory Committee recommends acceptance of the
offer without the 3% provision on repairs to meet code.
Recommend consideration of the sale of property at 2507 North Federal
Hiqhway.
Item No, 3 Public Hearing on Request for Waiver of Sign Code to
Permit a Nonconforming Sign at 2055-85 South Congress Avenue.
Kwartler Associates, Inc. are requesting waiver of the Sign Code to
permit a 4 x 10 foot concrete sign to remain in the setback at 2055-85
South Congress Avenue. Staff has reviewed this request and found
that:
A. The sign was cited
without a permit and
requirement.
in January 1985 for illegal installation
for violating the 30 foot setback
B. The Board of Adjustment denied the setback waver request in
June 1985.
C. That the sign could be brought into compliance by either
moving it or reducing the sign to meet current variance
specifications ( 20 square foot face and 7 feet high).
Recommend denial of request to waive the setback requirements of the
Siqn Code for Kwartler Associates, Inc.
Item No. 4 Public Hearing on Request for Waiver of the Sign Code to
Permit a Nonconforming Sign on the Linpro Property, Linpro Delray
Commercial Centre is requesting waiver of the Sign Code to permit a 10
x 16 foot, double faced free standing sign to remain within the 10
foot setback at the rear property line. Staff has reviewed this
request and found that:
- 2 -
AGENDA REPORT
Special Meeting of 12/27/89
A. This sign was moved in July 1989 without a permit, footer
inspection, and is not within the 10 foot setback.
At their November 28th meeting the Code Enforcement Board reviewed
this case. Linpro Delray Commercial Centre agreed that they were in
error for the illegal sign installation and requested an opportunity
to be heard by the Commission regarding a waiver of the 10 foot
setback requirement.
Recommend approval of the request to waive the setback requirements of
the Siqn Code for Linpro Delray Commercial Centre.
Item No. 5 Request for Waiver of Performance Bond Requirements for
A.L. Roarke, Inc. A.L. Roarke, Inc. is the company which was awarded
the contract for the police computer software. While the City's
request for proposals called for a performance bond, it did not
specify the amount, therefore A.L, Roarke, Inc's bid price did not
include the cost of a performance bond. Of the eight proposals
received A.L, Roarke, Inc. had the only public safety software that
operates on an AS/400 and met all the requirements outlined in our
RFP, including UCR reporting for the State of Florida.
Recommend approval of request for
requirements for A,L. Roarke, Inc.
Item No, 6 Proposed Agreement Between the City and Ackerly
Communications and Approved Agreement Between the City and Eagle
Outdoor Advertising (Park Ten) regarding the movement of a billboard,
The proposed agreement with Ackerly, as written, would allow an
additional billboard to be located approximately 500 feet south of the
existing location of the billboard on the Park Ten Business Park
property. Should the Commission enter into this agreement with
Ackerly, as well as allowing the Eagle Outdoor Advertising agreement
to exist, it would result in the potential for having two billboards
at the site while only one is presently there.
waiver of performance bond
There seems to be some confusion as to the factual setting by which
the agreement with Eagle Outdoor Advertising was proposed. There are
some persons who apparently believed that this agreement was
predicated on the fact that either Eagle or Park Ten owned the
structure of the billboard that is currently in existence. Apparently
that is not the case, and Ackerly Communications has represented to us
that they in fact own the structure and intended to remove same upon
the expiration of their current lease on December 31st. Eagle
contends that they did not represent to the City that they owned the
existing structure. Rather, stated that if Eagle Outdoor was not
given the opportunity to move the sign through the agreement with the
City, the current property owner, Park Ten Business Park, could merely
renew the lease with Ackerly, resulting in the current structure
staying in its present location in perpetuity. It was the opportunity
to enter into this contingent agreement, the contingency being that
Eagle Outdoor was in fact the lessee as of January 1st, that allowed
the City to have a finite end of the existence of the billboard at the
end of the year 1999, A detailed memo from the City Attorney is
attached.
Recommend consideration of proposed aqreement with Ackerly and
determine status of approved aqreement with Eaqle Outdoor Advertisinq,
Item No. 7 Ratification of South Central Regional Wastewater
Treatment and Disposal Board amended 1989-90 Operating Budget in the
amount of $3,249,480. At your August 22nd meeting, the Commission
ratified the FY 1989-90 operating budget for the SCRWTD Board in the
amount of $2,688,300. At the SCRWTD Board's November 9th meeting that
budget was modified to include increases in the budgeted amount for
chlorine for pretreatment to $109,500 (+$67,500 over originally
- 3 -
AGENDA REPORT
Special Meeting of 12/27/89
approved budget); in electricity charges to $553~680 (+$103,680 over
originally approved budget) for nitrafication; and engineering costs,
Recommend ratification of amended FY 1989-90 budqet for South Central
Reqional Wastewater Treatment and Disposal Board.
Item No, 8 Ratification of South Central Regional Wastewater
Treatment and Disposal Board amended User Charge Rates. At your
August 22nd meeting the Commission approved an increase of the
wholesale user charge to .6005C per thousand gallons to be effective
October 1st. The SCRWTD Board at it's November 9th meeting voted to
increase this charge. This increase represents additional charges for
Operations and Maintenance, purchase of Ocean Outfall, and
contribution to the Sinking Fund. This action include an increase for
additional engineering studies and design work per amended budget,
Recommend ratification
for the South Central
Board.
of amendment to wholesale sewaqe user charqe
Reqional Wastewater Treatment and Disposal
Item No. 9 Authorization to Participate in the Florida Department of
Environmental Regulation Revolving Loan Program, The initial
application only contains minimum information. The revolving loan
would be equivalent to a 25% grant because of the low interest rates.
These funds would be used to construct the SCRWTDB Odor Abatement,
Electrical Renovations and Effluent Pump Station. The City of Boynton
Beach approved submission of the application on December 19th. While
the probability of receiving a loan is relatively low, staff
recommends pursuing the initial planning application. The deadline
for submission of the planning requirement is December 31, 1989.
Submission of all other required documentation for funding is March
15, 1990. A copy of the application will be forwarded to you prior to
your December 27th meeting.
Recommend authorization to
Department of Environmental
revolvinq loan,
submit an application to the Florida
Requlation for consideration of a
- 4 -
.
rn
,?E':"liC:'lt
Gimelstob.... !?ettgfnes
Realty Inc. I I tiliti.?} Hand Gardens@.
CONTRACT FOR SALE AND PURCHASE
".,on
PA'TIES .__G.ity-D.f..J2e.lr.3.}'....B.each ,("Selle"),
01 ______LO'O_Nor.thwe.s.r "';rst:-.Jwa~D.lr.)' B~)tplvl< I.
imc ~____.._S_t..ey_e_CJ,t:r:_i.c . ("Buyer"),
" . . _ _ (Phone ),
I""'L~~;Y ;'J:~~.;:<I; t-h;;-S~llcr $11illl sell and BU)'l:lr Shilll buy HIe following real property ("Real Property") and personal properly ("Personalty") (collectively "Property")
:n0 (O:lowil1g ',erms ~ll"j condillQr~s which INCLUDE Ihe Standards lor Real Estate Transactions printed on the reverse or attached ("Slandard(s)") and any addenda.
D~SCRIPTION. {i"I) L~\;:ll descrlplion of Renl Properly lociJted inP aIm B~ Counly, Florida:
._I"o.ts..Cand_IL_.BLo.CJLD__J.Qhn_B..~Reid~ V; 11 ~g.
(P.B...2J.._P a g c9.5_P.alllLB e acJLCo.un.t.y_EubliC-Re.cOLd 0
':J: S',;00: Jt:cress sil'" :'ip, of tI~e ProperlY'S u.._SE___c_or.n.e.x.......nL-Jl.e.nP: t;:=In ;ln~i.J:..am.a"""
Ie;, ?ers<jn;1l:y. _._~___~_~"
~U~C'"1ASE Pfl:~~FO~;-~h~~d~-~d-~;~d--~~i~;.:.ih-~u~~-~~;-,-d:~~:::~: ::~_~__~ . $
i"':"Y),\~rjT Upon acceptance of contract
,,; :n :,:\, dC,:J'}S:: lQ ~c b(;:c in escrow by ______________ in lhe amount of . $
!o: kjcilio~,J.1 dC~N"s;: '.'I;'1i ____days nfter <lcccpl<1nCe to be deposited in escrow $
eH , dinn Tn " $
'r:j S'.,i,;~'c~ t~'X:XXXXJCXXXX 1:10119<19C 111 good Slilr\d1l1g In (avor of -----'-'en. ~...s...t..i..t.llt.i.o.ll--
__.___~~_ _.___u_~___ _Il;,lving an approximate presenl principal balance of . . s
(e) PiJrch:1~C money iIlor~9:HJC <lriel nOlI] bOJring <Il1nll,l]l.'1lcrcst <11__% on terms setlorth herein, in amount at $
10) No,., """G'9o ____..._.____._.__.__ $
(:) O:ilC ____~_____._,_ S
,(' :, (,n:~ Ie :;':J~e (U S cash LOCALLY DRAWN ~rldll"d or cash r's check), "Subject to adjustments and prorations $
- 4L.l~" J
.'::. FOr. ACCEPTr,NCE EFFECTIVE DAT~ll;f''yt'! I:) nolexe d by and delivered toall parties OR FACT OF EXECUTION communicated in writing between
1",50'1 I)' h"lor' December__ ~-___19B9 ___ ___, the deposil(S) will al Buyer's option, be returned to Buyer and the oHer
,}" ,;I? ,,., ~ C "I CVltract ( Ellt'CIIVC Da\~'::')'\,,! be the d,ltc w en the last one of Buyer and Seller has sig,ned this oller.
. ;-:. '.1<(;':"('; ,li I: th.~ purtj,'l,.SC' priCe! or any f');'\rt of d i'; \0 l)c linnnced by a third r4lo~, t1;;r%a~~dilionOd on the Buyer obtaining a ~rilten co~mitment for
'J...,, ','''~::lI", 45_ (j,lyslrQr.1 :;!:CCtIVC Dmc, at an Il1ill:ll m:erast r~te not 10 e~~p..,? "'" ' il:.ni';:[ierm of at least~ years; and In the pnnClpalamount
'. "'03k".Cl.;(..1)6" Z'
I; :,:0,1':>: S '::"-75,00 .-Jl(J/,d v..,1I make <1ppllCallon w,tllIIl ____ ~ days from Elleclive Dale, and use reasonable diligence to obtain the loan commitment and,
I"!.:r",\' er tomeelthe terms ~nd cond,t'ons of the commitment <Ind to close the loan Buyer shall pay all loan expenses II Buyer falls to obtain the loan commltmenland
I .:'O~:~Dtly notifies Seller in writing. or <lfler diligent effort fails 10 meet the terms and conditions of the commitmenl orto waive Buyer's rights under this subparagraph within
:h", j.me stated for obtt,ining the commitment, U1en either p<lrly may cancel the Contract and Buyer shall be refunded the deposit(s),
(bl The existing mOrl9age described in Paragr3ph II (b) above has (CHECK (1) OR (2)): (1) 0 a variable interest rate OR (2)}(a fixed interest rate of
I ':....... ~'~_. % per ilnr\tlln, At lime of tille transfer some lixed interesl rales are subject to increase. II increased, the rate shall not exceed % per annum.
s, ,11,'r :.','~,I!I, ",ill',;,\ _" dnys from Elfcctive Dilte, furnish a sfatemenl from all mortgagees stating principal balances, method 01 payment, interest rate and
'I':,"; ""01 t\j"91.!~, II OUYl.:r I';':; "greed 10 ~1~$l1lll!.: a mortgage wlllch requires npproval of Buyer by tho mortgageo lor assumption, then Buyer shall promptly obtain aU
'1"<""1)(1 .1P;)Ior;.1tlont, ;md will ?illJrcr1tly complele and return them 10 the mortgagee. Any mortgagee charge(s) not to exceed $
~"~!:i l'o.:: :'J"J ~~y '____.___ (if r.c')\ lilled in. eQu<llly divided) If the Buyer is not accepted by mortgagee or the requirements lor assumption are nolin accordance with
:"l' !,~, rns 01 tho.: Contract or mort~,1gcE-' milkes" change in excess of the stoted amount, Seller orBuyer may rescind this Contract by promptwritlen notice to the other party
'11,;~$ ~,\her 01ects to pay tin increase in interest ralO or excess mortgagee charges,
TITLE E'JIDENCE: At least _...2.0_ days before closing dale. Seller shall, at Seller's expense, deliyer to Buyer or Buyer's atlorney, in aCC:Ardan with Standard A.
A. IN 6FlOWAfm, DADE, MARTIN AND OTHER LIKE STATUTE COUNTIES: ABSTRACT OF TITLE L ,_ .
!1C1.,.':" 'l I .
o IN ",'oU" O,^CII COUNTY TITLE INSURANCE COMMIT/,.IENT AND OWNERS TITbt'NB'i,"f~'i"e"DfJ~:r,.;. 2D- 199
Cl,OSlt~G D^ TI:.: T!\iS tl:J:::;,lclion shall be closed ond tIle deed <lnd other closing papers doliyered on ~ extc~ded by other provisions of Contract,
':11 :fl~STR ICTIONS: EASEMENTS; LIMITATIONS: Btlyer sh"lIla~,!! title sllbjeclto: loning, restrictions, prohibitions and other requirements imposed by governmental
'"' :" -"",!. re~:rICI!ons <ll1d matters appearing on lhe pl;'lt oroth,"rwise common to lhe subdivision; public utility easementsol record (easements areto be located contiguous
to ,",";,1: Propc:ty !ir~es and nOl more than 10 feet in width;'ls to the rear or Iront lines and 7';' leet in widlh as to the side lines, unless otherwise specified herein); taxes lor year
')f (:;~s,,""g and subsequent years; assumod mortgages (lnd purchilse money mortgages, it any; olher:
Srrppr~ np'r~y Rp~~n
t7S~t>OO'" A
=iL_C\ Cl'i,n nn--:-f)-n /
10,000.00
/1(
,'3 ;6, {)(j()' 0 0
3-7'T;-O 0 0.,.0&
,f',s', e.., 00 '
-6-5-d)OO~
,fl
/
::'C::"~';'~, :r,~t there ('"i:;ts at closing no 'o'iolntion 01 Ihe foregoing and none 01 them prevents use 01 Real Property lor mul ti -dwellin2: purpose(s).
; OCCUPA,\'CY: St'~I~r w;;rrants 111'11 there are no parties in occupancy other than Seller, but if Property is intended to be rented or occupied beyond closing. thelaet lnd
"~'."'.s !rCI';;0: Slldll be staled herein, and the tenanl(s) or occupants disclosed pursuantloSlandard F, Seller agrees 10 deJiveroccupancyol Property at time 01 closing unleSs
i):f~,': I.ise stated r.QIC'in. II occupancy is to blO delivered belore closing, Buyer assumes all risk 01 loss to Property from date of occupancy, shall be responsible and lilble lor
'l'J''':,'nilncc Irom 1I1al dale. and shnll be deemed accepled Property in theirexisling condition as of timeol taking occupancy unless otherwise staled herein or in aseparat.
"."I,ng
,
:\ ,Yf)[WnlrTEN OR HANDWRITTEN PROVISIONS: Typewritten or handwritten provisions shall control aU printed provisions of Contract in conflict with lhem,
::"SIJ!..A TION RIDER: 11 Contract is utilized for the sale 01 a new residence, the Insulation Rider or equivalent shall be attlched.
,', :'.SSIGI'JA[J!LITY' (CHECK ~f') or (2}): BlIyer f.,)XJ may assign OR (2) 0 may not assign Contract. . ~
'!' SF'::CIAL CLAUSES: (CHECK (1) or (2)): Addenda (1) [Xis allached OR (2) 0 is not applicable,
I.'CPQS': :;i under p"J.~<1gr(lph ilreceived: IF OTHER THAN CASH, THEN ITS EOUIVAlEN1S;P;;UBJE.C TO CLEARANCE: ~:~~ ~ to h R P. ~ 1 t Y . T Y'1 ctE,serow Agent)
By: _ j~"'-/A__
-------- ---
THIS IS INTENDED TO BE A LEGALLY BINDING CONTRACT.
\~~O~:S:;Z,,~EE~,:::,~~:,~: ~F AN ATTORNEY.
Date SOCIal Secunty or Tax I 0
(Buyer)
A:::C[PTANCE OF CONTRACT AND PROFESSIONAL SERVICE FEE:
IF A LISTING AGREEMENT IS CURRENTL Y IN EFFECT:
Se:ler Jo;rces to P.Jy tile Broker nnmed below, inCluding cooperilling sub-agents named. according 10 the terms of an existing, sGparate listing' ~ "mer,;:
DR
X IF NO LISTING AGREEMENT IS CURRENTLY IN EFFECT: ,...'1
Sf~llcr ;19rcc~ lo Pily thl' Broj.;,.( named below, <It lime of clOSing, from the disbursements 01 the proceeds olthesale, compensstion in the amountol t;.;OMPlETE ONLY
C', [) _ .--5- % of gross purch;lse price OR S __4~ ,lor Bro;.;N's services in effecting fhe sale by finding a Buyer ready, willing and able to purchcse i'u~~uant to the
';H"'10Ing Conlro.c: Ir. nli~ ev~nI8L1yer lads 10 perform and deposit(s) is retained, 50% thereof, but not exceeding the Broker's lee above provided, shall be paid '0 the Broker,
;'$ !"Ii consideration lor Brokc(s SNv'ces includlllg COsts expended by Broker, and the balance shall be peid to Seller, If the transactlon shall not be closed beeauseol refusal
", ';;ilurc 01 Suiler \0 perform. the S,:lIcr SIHlll pay Ihe lee in full to Brokeron demand. Il, any litigation arising out ollhe Contract concerning the Broker's lee, the prevailing
,-;li:V Sh,llt be entitled 10 recO'/er reasonable ilttorney lees and costs
"
..,
.Gimels.J:.o.h..Rea.Lt..y_.~nc .
(nal~e 01, cOOP,erating sub-agent)
_..c;t,,,,.I'~ ,;;,. ,o,M.u:.-J
(SelJer)
Social Security or Tax 1.0, If
011.
ILr'n n""'1[) cl Bro..cr)
f;;',;lhor.ztlC s;gnatoryJ
(Seller)
Socia' Security or Tax 1.0, 1#
Date
;1
J";.'l
~!" ~,-,.
Sl
ARDS FOR REAL ESTATE TRANSACTIONS
t:
f ." ~"",.~':.,~.!t";' .-~ _.-'"
'< ,:~;! '."_'" :-'~ 'J 11 LE. (1) All abslrac:lolllU_ is an abSlract prepared or brOullhtcurran.l by. "'PUI..bl"~IIId.tlng'bll~fl",!'I(not_.., 1.,unglhtncertlllod..COffWCtbylnPltUngflrml purporting
:" ':"11 iW";,HJ:l' synopSIS 0' the instruments affecling IllIe 10 Real Proporty reCorded In lha publiC rltCO~Of ,"" COf.I"~~lnJ3~IProptlty 1.locIted through Elltctlve O'l~ and which .nail
'rJl r"!'",;c,' Wllh lh~ ellflicsl public record!, or such laler dale as mAY be customary In the county. UponclOli Of IMtt~.~~'I'Iet.h'll become the proptftyol Buyer. .ublectto Ih' right 01
,.'1."'11,." :l"r!;(': by !"S~ mortgogl'c until fully paid. or (2) . Uti. In.urlne. c:ommllmanllSlulld by. Florida lcenMdUuelniurw."nit1"., to l"utI to BUY'll. upo~ recording of lht dMdto Buy." an
''''' ",r '5 ;_'~-'''cy 01 ~IIIIlIl1SUranc~ m thu amounl 01 the pur,,;ll..se price. lnSUflng Buyer's 11Ue 10 Re~1 ProP!trty.ubJect.ontyto I~~~ exceptlon.or q~lIf'callonl~tf~ In thl, Contractanet
: '.u,. ",' r, ,1',',,: lh.' U, ,Chil'gcd ~.,' ,:;",'Ior .11 ur belore closing. Seller shall convey a mlHklllable llllt lubJacl ontytol.-na,tncu~excepllon'orquaUllcat.onll8llorth In th..ContIllCl. Ua~.u.blt!
, : '.. \","; L't" (1";!l!rrnlflt:d ~ccr,rdll"J lu alJpl,f,;OIole Tille Sl8ndards adopl.dby 8ulhonty 01 The Florid. Bar .nd;ln 'CCOldancL~ ijW. ~th.1I ~30d.ys.llabslracl. 0!5days.1I tiUtCOmmlt~l.
c";":",,' rt'cp,,,,no eVldol'cC 01 1111'" ~Cl c\amllleil. 11 tllle IS lound defflcll.... Buyer Shill. withIn 3 daY'. notl"'8en.t1nWrlU~fyliigdefee~('): tf thed.l,cI{I) rend.r tlUeunm.rk.tabl.. ~lIer WIll
c,;,',e ; ~(, ,;;,ys hum re\,;~'pl 01 nOl,ce w'I11I/l whlCll to rl;!lnove the dolacl/s), tailing wh,ch Buyer shell have Iheoptionol.ilheracceptlngtM Uti. U It th~ It.ordemandlng a relundol d.potll(.) paid which
511.11: ommedialely ce relurned 10 Buyer: lhereupon Buytlr and Soller shall release one enOlh.r olaUlurthtfOl)llgalfonl undtttht OxttrI4)t.StJler. will,lf 111I.1t lound urvnark.t.bl. UN dlllgWd Iffonlo
COfft'.:1 J<:Jlect(s) rn tllle w'lhm Ine I,me provIded lherelor, Including Ihe b(lngtng of necessary IUltt. ~ ~.,",~;l~,lk.t>..:~~*~/~.,..t":<'t',;a.. _
:1 PuRCHASE MONEY MORTGAGE: SECURITY AGREEMENT TO SELLER A purchase money nOle andmortgagelo.S.II.l'lhalrprovfde lora30d-'ygrllc. period in thellVe~1 ofdaf.ult ilallrat
"n, ~<;:,,,,, ilnd.1 ~ 5 d~y grace perjod if 11 second or lesser mor1gage: shell provide lor righl 01 prepayment In whOl.or In putwllhout panally;ltIall aot perml1.ccal.....Uon 01 InteraalIdJultm.nt In ....nl.ol
",~.,.,' ut f'IUpCI ty Slll1l1 fCqu,rc "llprlOlli\:H1S IIl1d encumhrances to be keplm good standing and lorbld modilicaliontolorfuIUrllldvlnc..undarprlormortgag.(sl; .nd the mortg.g., note and MCunly
,,,,,'. ..1'1 sh~:1 CC OIMrwise in 101m and contenl required by Sellllr; cut Seller may only requIre claulel customarily found In mortgage.. mortglg.notu. .nd sacurily .graam.nll g.n.r.lly utUlzed by
~;:. "hJ ~;',<J lo~n inSlOtLJllons. 01 state or nalitmal banks locllled in ltle cOlmty wherein Proper1y is 10catoO. All Peraonalty.nd I.....belngconv.yed or Ullgned will, atS.n.fa option. be .ubject 10 th.li.n
,: " ,,'r;"'\l ,1g'll"mcllle,'ir1enced by recorded linancing statemenls, II a bnlloon mor1gage, lhelinal p.aym~nt will .xceed th. P81IOdlc payment. th.reon.
:=: ~uR/EY Suyer, Jt BUI'f>r's expense, within lime allowed to deliver evidence altitle end to exemlneaame! maYhe"R~1 Propartyaurveyed.nd certified bya regiller~ Florld'"urveyor,1I aUNey
""~"'S' I'r,COCClCnrl'Cm ~n A",;jl Propar1y or lha: improvements IOC81oo on Aeal Ploperty encroach on ..tback linn. ....man~ lands of oth..... or vlollt. any restrictIon.. Contrlct coven.ntw or
~1'~o,c;iJ.; 9ovanr:'.;:n\al reg.lla\lCn. \hO same Shall conSlitute a title defect ! . 'i ..
J lli~,~:' E~; UI,yocl )1 8uye(~ exp(!ns~, wilhin I_n,e (1lIowed 10 dellvllrevidenc.e oltitle and toexomine same.m.yhavePropertyln,pected by. Florid. cartillad PtstControl Op.ratorlod.t.rminelf
.:',' ,~.;",,' ,'s.t>I~ JC\,vC lermile infestation or visible exisling damng\.! Irom lermlte Lnlestetion 'n lhe Improvem.nla.1f .Ith.rorboth ....lound. Buy.rwlll h.v." d.ya from dll. 01 wrltt.n noUcathareol.
'",,; ...no;;!! 10 r'ave all camages, whl!ll,&1 VISIble or nOlo inspected and estlmateO by licensed build.r or gen....1 contractor. Saller.h.1I p.y v.lId coal. of Irealm.ntlnd r'palrof.n d.m.ge upto ftof
;.. H't,;II<lSoc ~"'Ge Shuuld suct! costs cxceooJ H1Ul ~010un1. 6uyer StUll! have the option of cancelling Contracl within 5 daY' alt.r receipl 01 conlraclor'1 repair "tlmate by giving written notice 10 Sall.r or
p,-,yer m<ly ,"ICCl 10 proceed with the transection,;n which evenl Buyer shall receIve a cred,t.t clOllng of an amount equ.1 to Ih.tollll olth.lraatm.nt and rapllreltimat. not In .xce..oI2'lt 01 the
i'Ul,'h~~<:J ~JrI';~ "Telm,tes" Sll,,11 be deemed 10 inClude all wood deslroying org"rllsms required to be r.ported under tht Florida Pett Conlrol Act.
iO I.....GRESS AND EGRESS Seller warrllntll and reprellents thai there is ingress lInd egrelllo Ihe R.al Propertylutflclantforthelntendad Ulla.dllCrlbad In P.ragraph VII hereof, tltl. 10 which lain
"C0r~an(:t< '",,;h Slandard A
..
F LE.,l,S2S Sel,~r shall, no: l~sS Ihan 15 days belora closing. furnish 10 Buyer copies 01 all writlen I.ase. and nloj)Plll.ltera from .Ich len.ntlpac!fylng th. nalur. Ind dUllltlon 0111'1' tenlnrl
,CCJpancy, rentJI raleS, advanced rent and security deposits paid by lenan!. if Seller is unable 10 obtain such letl.r lrom ,.eh 1.l\Int. thtllm.lnformallon nil be lurnlltlad by Selllrlo Buy.rwllhln that
','I'C P"flOd ;n the 10rm 01 a Seller's all_da'.it, and Buyer may lhereafter contac~ tenanlS 10 conlirm such informallon. SaU.r .hall..t ciOllng, d.nv.r .nd IIIlgn all original In... to Buyer.
','; i; EI\;S Sener sh~il lu' nlsh 10 Buyer at lime 01 clOSIng an aHida...it .Hesting to the aCHnce. unlesl oth.rwlsa provided lorh....ln.of Inyfln.nelng.tal.m.nta, clllm.olli.n orpot.nti.llIeno... known
'0, :5~Ht!r ,",J I..;' tiler ~Ilc~t" _g that tllert: have bean no "nprovemenlS or repairs 10 Property lor 90 dayl immedlat.ly prec.dlng datt 01 clcalng.lf Property hU batn improved, or r.p.lred within that tlm.,
.:;", ..,r SI':1': 0eli.(!r releases or waIvers 01 mechanics' lIens executed by an gener,,! contractors, subcontr.ctor.. auppll..... mat.rlllman In .ddilion toSellar'a n.n .ffld.vlt Hning lorth th.nlm..ol.U
,"<':~I \l<:n",~1 C0r11raClors, succOntraClorS. suppliers and materiatmen and lur1her Iltlirming that 811 chlrg..lor lmprovem.nts or repalra which could..rve u. baal.for. mechanic'.nenor.cl.lm lOr
,>''''~~~'" n<.l...l ccun paLd or wdl be paid al Closing
-; ,~'~^(~l OF' CLOSING' Closing st'.all be held in the county where Real Proper1y IS localed, at the olllc. 01 the .ttorn.y orolher cloalng ag.nt dnlgnlted by S.U.r.
I 1 :ME, T,"n" IS 01 trle essence 01 this Conlract. Time periOdS herein 01 less lhan 5days Shall in lhecompulation .xclud. Slturdaya. SuncllYI and stlte 01 n.tlonallegal hQlidaY',ancI.nytlme ~lod
;Jr".,~..,j IUI he'tlln whiCh shali <:I'C on Sa\urday, Sunday or legal holiday shall e~tend to 5:00 p.m. ollhe next busln... dly.
:;CCl.;~.1f.NTS FOR CLOSING. Seller shalllurnisn deed. cHI 01 sale. mechaniC'S tian aflid.vit, ..Iignm.ntsoll...... tart.nt.nd mortgag....toppell.n...., IndCorrKtlve Instrumantt. Buyar.h.1I
,.",;1' '''",;I'<J' ~1.1I"mel1l, """t<J~'Jf!, mortgage note. security agreement. and IInancing slat.ment..
.... (;x f.-E:,-,:;CS Do";um~ntary stamps on the inslrument 01 corweyance and COllt 01 recording correcliv. instrumanlalhaJl be paid byS.t1tr. Docum.ntarylt.mps. intengibl. tlX on and COil 01 recording
"'.~",S'.' ",oney murtGlIgl' to Seller. lhe ceed and tinancing statements shall be paid by Buyer,
_ ;Jr10Rt, liONS. CREDITS: Taxes, assessments, renl. interest. insurance and other exponaes and r.venue of Propartyatt.U be pror.ted through d.y balor.clo.lng. Buy.r.hall h.vetha option of
, "'"'.i ;..,,;~ any existing pol;cies of ins"rance, if assumable, in whiCh event premiums shall be prorat.d. Caah .tclo,lng ltI.n be Incruaed ordecra8Md u may ber~ulred Dyproratlonl. Proration. will
-", ";ad'_' Ihru",'J!' day prior to occupancy il occupancy occurs belore closing, Advanc. rent and security d.poslts will be credited to Buyer Ind escrow d.potltt h.,d by mortg.g.. will be credited to
S.. :", . .i~eS SMi, be proia led CJsed on the current year's t.x with due allowance made lor maximum atlowlbledl.count, hOm"tMd .ncsoth.rexemptIOna.lfctoslng occu... .Ia dll. when th. current
,'':'-.1' s 'n';'~'d~ LS not 11:0:"0, Jne cum:nt year's assessment is avaIlable. laxes will be prorated baled upon such.....m.nt.ndtheprloryear't mlllag..lfcurrenlyllr'a......m.nll.not.v.ilabl., than
I.'! ''"'5.... ,:i r,,, ~)lOI;j,cd on lhe prioll'ear's lax. 11 there are completed improvements on Proper1y by January 1.tofyaarof clO*lng which Impro"m.ntswe,.not In exist.ncaonJanuary 1110fthe prlOly..r
',."r, 'axtls shall be prorated based upon the prior year's mlllaga and al an equitaclo assessmenllo be .greed upon betWeen th'-pan"', f.mng which. requ..t will be made to the County Property
:"PPI ilL~cr I~r an IfltUrmfll assessment taking into consideralion available exemptions. Any tax proration b.aed on In ..tlmale maytt requut ol.lth.r Buy.ror S.lIar be.ubsequanlly llIadlu,tact upon
"'t,,_~,; C;! 1,1> bo~: on conaillon that a statement to Ihat etlect is in the closIng stalement. . . ".,' "." '
ro! ~;"'~~I'\L ASSE:5'SMEN1 LIENS Certified. confirmed and ralilied special assessment U.n. aaofdat.oJ~;oal~g (~~~; U'~f ~'~ectlve Olt.) ....~o be paid tlySaIMr, Pending Il.ns ..of d.t. of
C.;;)H.g :;nall ~"aSiumefJ by Buyer It the improvement has ceen substantially co~pl.ted II 01 Eflecllv. D.I'~.uch pandln~ IIer!'rwll be conIldered u c.rtilied. conlirmed or r.tlfied .nd Salleratt.II..t
C:Jsmg, Of: cnargea an amount equal 10 the lilt eSllmate 01 assessment lor the Improvement by th. publicbod)'. ,. . ,,;, ..' '0"
N. INSPECTION, REPAIR ^ND MAINTENANCE: Sellor warranlS thaI. as at 10 daya priortocl()llng.the~~~t:I(t~iu't';iii:f~I.'~'~fflts)~'nd ext.rlor.nd Intarlorw'an. do nolh.veany
ylSIBLE EVIDENCE of leaks or water damage and that the septic lank, pOOl. alt major .ppU.ncu, hnt\ng,COOIIng..,~lectrf!;lJ.:ph".fl'b!rlCltytterNandrnachlnery.ra In WORKING CONDITION. Buyw
~ay, al 0,,; ,et's expens<ol. ha':e lI'1Spoct'Or1S made of tho!Je ,lems cy In approprillely Florld.lic.nlld paraon~llngl"thaconeWoUon,JtPl.lror rnalntal\lnctol thoae llema.nd .hllI report In writing to
Seller sucn Items that dO not 01eet the aco...e standardS as to d.lect.logether with the coatoleorracttng them.)lriorIOBuy~~pancyornot 1.~th." ',9d.ys prlortoclOling. wttlChftaroccura flrlt.
c.;nless 6~yer repor1s such detects with,n :hat time Buyer shall be deemed to have waived S.IIar'.w.rranll....JQclaftc~. ~ IJrepalrsor.i'epfactm.nta .rerequlred, Sall.rltlall pay up t03~of
t~" ;Jurchds<: pr'ce tor SIJC.h repairs. or rePlll.cemenls by an apprdpriately Florid.licensad parlOn salecttclbySllIl".IHh. . IlOl'.~...~i.1J,:h h re lWPIilraorrep. ~ . _~t.xcttcl. :J44ofttl.pureh... prlc., Buywor
:;el_er may e'e\,;t 10 pay suCh axcess. lalllng whIch e'ther party may canc.llhls Contrec!.I' Sellar. is unabl.to ITtCIJI')e . prl~Qf~ngjthi:COItth..olltllll bepeld Intoescrow.tcIOIIng. Saller
wtll. upon reasonaCle nOllce. ProV'.de utilitIes service lor inlpactions, a.tw..n ElfecU.... Dat..nd 11'1. 0101'.". '~. ,.. _ '~1.1 I~I;..~ not limited to th.llwn .nd thrubberr.ln lhe
';,Jnall,un hero:on warranted. ordmary wear and tear excepted, Buyer shall be permllted accau for I.n.pec~to 0'.P.'~~ rn oi:d . confirm compliance with thl. paraglllptt.
. ..~ ..-.
r~fSK OF LOSS If lhe Property Isdllr.laged by Ilr. orOlher casualty before clo~ing .ndcoat 01 rattoral16r\d ',nol . varu' ofih..Property IOd.maotcl, coat of reatoratlon
,;1 ,,\Ii be an Obl,gation 01 the Seller and elo.ing shaU proceed purauantlo 11'1. terms of Contract with ratofltlon II!:' .~. "; lOt'~tlon.xceedI3"oftheUMUtclVlIUltlonof
'11," <mpruvernl!nts so damaged, Buyer shall have the option ol.ilhert.king Property alll.logatherwlth .Ither .~ . PIY~!!.bvvlnUlofauch I_ordlmag.. orof cancelling
C.Jfll'act a'lu rece,vmg returr. 01 depoatt(s). '\. .'10 '."!J!',\ .. . :-r.~:i!r,~t::;' ',.. ,
"".I.'f;~ .t:.l ...~d:~'"",,,,~,
;:> ."RCCEEOS OF SAi..E: CLOSING PROCEDURE: The dead shall be r.corded upon clearance of lundl.!' 'ancecit.ilinuecl.t Buy.i"iexpen...to.howtltl.1n Buyer. wlthoutlny
,"",;"n,rll;)'1\';"s or Change whIch WOuld render Seller's title unmarketable Irom lhedat. 01 the lalt .vkl.~ ....;of.~~. " .~.lclln..CtOW bys.Uar'lattomayorby.UChothermutullfy
,...;,-",pIJbl" es\,;',Jw agenllor a penod 01 nOllonger than 5 daYllrom and aller closing dal.. If Sellt!fa tltl. 'I .~lII~"yn.. . . "..Ih!-",:wltnln. the 5 day period. notify Saller In wrltlng ollh.
'.l~l",;t aM Se!ler srlal! have30 days from date 01 recelpl of such noliticatlon to cura th.delact.lf Sallerf.lllto IMfycUi'it . GlQOIlt(a) WII, upon wrlnen d.mlnd by Buyar and wllhln 5d.ys
ilO~"1 'l~"..and, ce relurned to Buyer and limultanoouslywilh such repayment. Buyer shill ralurnP.rlONllty' . Vaall""-~ . ~~veynto8ell"bylpeclalwlrlllntydaed.lfBuyarfall.to
; .....[) 11 'T1...iy demal'u Ivr relund.. Buyer shall take tItle IIS.I.S, wa,vln. 9 ell rights agaioll Seiler.. to any In"Nanln dtfect..c, '~)v'IJa. b1etoBuy,rbyvlrtu. olwarrantl..conllllnad In th.daad.lf
~ p(>r~,u" at tne purchdse pnce 's to bo derived from Instltulional linencing or relinanclng. requllllm.nlloltba. nglnstlw,: . ''place,tlm.'ofdlyend procaduras IOfcloslng. and tordl.bursam.nt
.,t :n(jf\9,1'dtl proceeds shall control o~er c.ontraryprOV1".on In th,s C Ontracl. S. eller.Shllll have the right. 0....."."1.'. 'om. ...... I.e~ '" D.'''''.'.IUI. ...'0"..&. _...,co..mmltmentthat it will nolwllhhold disbu....m.nt of
~~~9:r?,e. pr~cecds as ~ result of ilny 1!t1e delect atl'lbutable to Buyer-mor1gagor. Th. escrow .nd ~Ical~~.r:o;c.,re .~~~i. i!,!~,~lIInd'rd m.y be w.lved It tilt. loantlnau/'ft adve.... m.n.,.
o-"..su:JI., ".I ~(>C!lon62,7841. F,S, 11985},lsamended. , ''",,~;...,
'-' ~S.:;,O',': Any ,;suo.... agent ("Agent 'J rece,vlnglunds or eqUIvalent is authOrized and agrees by Ice.pi.' clOI th"'m'tobt. 't~~ pr~mptl~'-nd lohold Ih.m In .scrow and.SUbJKt to clearance.
~:; Cls~~r~,. Ihem ,,', accord~nce wllh lerms and COndlltOnS of Contract. Failure 01 clearanc. ollundl ahlU . ot txcUH performanCe' by Buyer. If In doubl.1 to Agenfa dutl.. or n.bltltl.. und.r th.
~ . ".,s, :Jns of th,s Conlrac!. Ager>t may, 111 Agent's sole discretion. continue to hold the 'ucjecl m.tter of the _tow until till PIl1I..naul1,l.Uyagr.. to ItsdllburMm.nt, or untlllJudgment ola court of
.,.",p.;kn: JL'flsd,ct_on Sl';j!l celermlne the rights Oflhe parties or Ageht may deposit the lunds with the cl.rkoftt\acll'CUitcoUrthavlngJurlldtcUon oftha dl,pyte, and upon nolJfying.1I panlllconcarned
': 5",_11 ;\c~iGn ailllacdjly on ttle plln of the Agent Shall fully terminale. exc.pt to Ih"xlent ol.ccountlng for.ny Ittm. ~ou.lyd'Uvered oulOf escrow, If. nC.naed r..I..t.t. brok.r. Ag.nt will
'."']">.1' y w1l11 pr(,VISlonS 01 Chapler <175, F .5. (1985), as amended, Any su11 cetween Buyer and Sell.r Wh...., +g.ntll mid.. party,bee.Utl ot .ctlng.. Agent h.reund.r. or In any .uit whelllin Agent
.nt~rpleildS lhe SUOJlICt matter 01 the escrow. Agent shall be ent,U.d 10 recover raasonabl'.1l0rn.y..,....na:COIlllncur~, the ,....nd c~ta tobaChl,rged .nd ......ed a.court co.t. In I.vorofth.
P~'h;jlllilg rarty. Parties agree that Agent shall nol be Ililble to any par1y or person lor mlld.liv.ryto Buyar9f'Sell.rof Ileml.ub~1Othl'eacrow. unl... luch mlld.livery I. du.to wlltful bra,ch of
(I>l,r."c: 01 ~ross n!.'(jI'gtH1Ce of Agent, , g"..... "', J' " [.,ft~:irli;'1!';'t'...'t, ,,- ,
. '.. ...,.~.. ;'l..tJOlllll'V~:i',--?"" "j",
F< ,\ TTCR.'\;EY FEES. COSTS' In any Ii ligation arising out 01 Contract. lhe prevalUng party shall be .ntlll t~ ~,~,,":o,~'~,!~1 fea ~"d,ooats.
:5 F AlLURE OF PERF'ORMANCE: II Buyer lails 10 perform this conlracl within the Umllspaclfled (InclUding" ym.ntofiindt~('lf.'thedepostt(.) paki by Buyaf may ba~.IMCl byorforthelClCOUrA
of Seiler .IS lIgleeo "pon lIquidaleo damages, consideralion lor Ih. .xecutlon of this Conlract Ind In full,.nlfmentof .nyCl'If!ls;~"upon. ~ndSflJerIhlll bt~ or all obllgatton. under
C"ntraCI, ;:, Seller, at SeOer's optIon, may proceed In equrly 10 enforce SeHer's righll undarthi. Conlract.lf. fc!ranyrnaonottwthlftflllureofSallerto mebSelIet"tltl.""'rkttable.ftefdlllgent.ffon.
5.;lle' ~a"s, neglecls or reluses to perform thiS Conlract, the Buyer may llnk speclllc perform.nceor elKtt~ ~lv.th. ~um of Buyer'. d.pe.tt(.) wtthoutth.rebyw.lvlng any action iOf d.mlg"
'eSu;I.ng lrom Sellers creach. '
, r".,....""",.
T CON1 ,~ACT NO T RECORDABLE; PERSONS BOUND: NOTICE: Neither this Contract nor any notice of lI.hln be record.o In any public recordl. ThisConlrlct .1'1.11 bind .nd tnureto th. ben.1lI 01
. "r, p;;'lles anlltheir SUCCCS$orSln Ifllere~t, Whentlver lne context permits, singular llhall include plural and one Qenderlhalllnclude.11. Notlceglv.n byortottte.nornayfor .ny plrty .hall be as eflectlve
.,',.r 'J'w" ~y Dr 10 ll'at party
j:.,.
',;~'';" E'( ANCE Seller shall convey hlle to Real Proper1y by statutorywarranly.lfUsloe's. pe...onal rapresinl.tl"',orguard'-n'ldHd, u'PPf'Qprlat. to th.....tu.ol San.r. .ubJectonly 10 rnallen
~....~'~Jln("J ," P""J\jlapn VII and lhostJ Olherw,se ilccllpted by Buyor, Personalty shall. at reque.t 01 Suyer, be lran.l.rrad bY'~lbtolut' bill ,ol..t.wlthw.rr.nty 01 tltI., .ubjecl only 10 .uch matt.rs U
"'''I' beulllerwlSil provlJed lorhere'n, , . . ' .' :
I. ',", .,.,~" dl:;'(.~"'." - "",'t
o T 1'1!;:R AGREEMENTS No pnor or prasenlagreements or repreaenlalions shall be binding upon Suy.r or S.Uar unleUincludeld In thllContracL NOmodllic.t1on or ching. In thl, Contract.hall be
,.1;".1 <:Ir :J,[.<J.ng upon lhe parties unless in writing and executed cy the pany or paniel intandadlo be bou.nj:l by. It. .:ro~,;"#-,..:,,..;~:\ , ~,.. "'.'.,
" I .. ,iI:,i"l',,~,.-\:ft...,i(";'~' 1'''" ~,'~' I
'Iv WAl1RAN:IES Seller warnlnts thallhere are no lacls known to SeHer malerially alleellng th.v.lu.of thep;a.t Properfy whlchli~!'lO'fra'dlly obaaMbi.by Buy.rOf'whlCh have not been dllclOnd 10
a,.,,,1 'J .' ,~'}.~~';~""7o-';." "'''~'!-.. .
( CGA~ i AL CiJNS mUC110N CONTROL LINE ("CCCL") RIDER' II Contract is utilized lorlh8 sal.ol Pr partylfltct~ ~t~'Cec~ 6h~Pt;"1e1;'~i.(t985), ...mended. will apply.nd CCCL
. u: >.t.:.J1vil,cnl sr,all beJl1ached I I ' - . J\
"',,,,,,,,' '*
y '0HLI,.N Ir~VE~l MENT IN nl:.AL PROPERTY TAX ACT ( FIRPTA ) RIDER Thepanieuhancomplywll ttlaP1J;lYta1~ctIF,"PT~'nd'Ppllcabl..-gulallonawhlchCOUk:l requlrll Sall8t'to provld.
,':J':)' "L _lsn 1'1 clos_ng to meet wllhhl'll~".g requirements FIRPTA RIder or equlvalenl.haJl belttlchad. rf;;'~ 1 "!t"T~~ \'.,f I '~" :} ,
, r.,:tll", I" ~
7 "lhl'Al.L Buyer Shalll av/! the flghllO have t~eseawalllnspectod bya hCenl8dcontracloratBuye"aex ectH.butlhaUCOD\ .auc:nlnlpectlononorbefo...'Od.yaprlortoclcalng.lntheavant
. '" S" ler d s~grees w'tll Buyer, InspecllOn repOr1s Saller shell have the rlghl tohaV'lnapecUon.m.de.thll oat.lnth.aventBUy~andSaIft;falnlpectlon r.port'donot.graa, thepartlaah.Uag....
I.!" " tl'"J ,nspector. whose leport shall be Clndlng upon the pan,e., The cost 01 the third In.~or .1'1.11 , born,~.equ~~I~~~..~~!1~' Buyer,and ~Y.r, II the ...w.1I1s deomed 10 need repair or
'~pi,1Cem[)nt In the opinion of the contrtlclor. Sell.,r agrees to repair or replace the seawall prIor to clo.ing. but not to .xCeed th'. sum of" I, . If the coat
\~ r"pillr ,)! ,ep:acemenl slw.11 exc(:,,\.1 the aloresaid sum, Buyer shall have lhe right to close and p.y any addltlonallum nteeNa/V to ~p'lr or repl.c.lhe ...well. or 11'1.11 h.ve the right to cancellh.
C'Jn:ract. -II Buyer'S Opl10n, unless Seller agrees to pay all the expense 01 repair or replac.m.nt .ubs8<lu.nt to tha .Ignlng 9' thl. Col'ltract.ln .uch ev.nt. S.ller sh.lI deliver to Buyer prior to closing. I
"'''Iten Slatement $'gl1ec by Seller \0 such eHect, I ,. '.." ...~,"t:I1;:,.~... ;: ...~;. ,;
I:r "olf ,:jj..... #,:'"': '':
I,.,., . It'<<ill-. . ""'{
Gimelstob.~J~eHttgfnes.
Realty Inc. I I L.. 0...' and Gardens@
Corporate Headquarters, 7035 Beracasa Way (Corner of Powerline [, Palmetto Park Road)
Boca Raton. FL 33433 (407) 392.2822
,WDENDUM TO SALES AGREEMENT
I~ REFERE~CE TO AGREEME~T OF SALE BETWEEN
~tp..v~ Cnrif':
PURCHASER, AND
('.;""y nf n~lr.qy
, SELLER, DATED
COVERING THE REAL PROPERTY COMMONLY KNOWN AS
Lots I and II Block D
Tohn R. Rp..in'~ Village
SE corner of Venetian & Miramar Streets. Delrav Beach. FL
T~~ (,DERSIGNED PURCHASER A,D SELLER HEREBY AGREE TO THE FOLLOWING:
Subject to satisfactory tests for soil beariUll:. perculation and any other tests
necessary for the intended use of construction of 15 units.
THE HEREIN AGREEMENT, UPON ITS EXECUTION BY BOTH PARTIES, IS HEREWITH MADE AN
INTREGRAL PART OF THE AFOREMENTIONED AGREEMENT OF SALE.
.~
DATED :>0 - / / [?')
X PURCHASER (~~ '
PURCHASER
DATED
SELLER
SELLER
\HTNESS J),-<..Iy ~.....~e.~
AGENT
WITNESS
AGENT
LETTER OF INTENT
t'lt) 'vf~mtH:?i- 15 ~ 1 C~Fj9
r~~f- (7:\nk E;pens~.?
City of Delray Beach
1i:)() Northwest First AV811ue
Oelraj Beach, FIor"ids 33444
SUBJECT PROPERTY: Parcel 2~ SOIJtlleast Corller Lot 0i \Jenetian
and ~Iirafl)ar Str"eets.
LEGAL DESCRIPTION, LDts I and 2, Block D, JDhn B. Reid's Village
(PB21 P8ge 95) Palll1 Beach CC1lJ\1ty 1~IJblic RecDrds
T~)e lAndel-siglled hereby ma~~es an offer (I"f $ 450,Q()(1.00 for the
subject pl-opel-'ty"
ThIs. l€,~'l:.:tE~\- "'Jill b~2 conditio'lnlal UPOf) the fol1ol~\lii')g t~.?l-ms:
!:i;'\EE I='F': I CE
CASH !".IITH m:FEF:
.~ 1ST 1'10RTGAGE
BALANCE ON CLOSING
$ 450,000
$ 10,000
$ 375,000
$ 65,000
~ - First nlor"tgage of l~375,OOO irlterest Ol-,1~
r.:."', ye~3r' balloon.
at 10 Yo,
Clcl~~.inq on 0[" dbout Januf::l.f'y 30~ 1990.
1'his o'ffey" is fY-ORI Steve Curie as an individual fc'r a cOlnparlY
to be incor"porated.
--~~~--=-------
'_.. . -,U\ Ie
on tfH?SS'
i)1?-c~;.,~~~~~,~;~~~------_..._-
Pealtot-"'-Assc,ciaLe
[,imE~l~:3tob F:f1i3.1 ty II'le.
~~ IIh7/!j-f
II.' '0 "'<,
~,p~
l
.
,
.
ADDENDuM TO LETTER OF INTE~T
l'ICr\l>:~mt.'el- 22, 1. S'E~C,\
F"f-i3nk 3p(~n~~~-(=.:~
City of Dell-ay 8each
le)l:) Northwest Fir-st AVel'jUe
Delray Beac~), F'lorida 3344L.
,
:o,UB.JECT Ff;:iJr~'EF;:TY: f:'a,-cel ;:J. Southeast Co,'ne,' 1..Cot c.f 'tenet .l2n
~'n"ld 1"1il ~:'\i1\ar' Sh-eets.
L_E:G{~L. .DE:-3Cr~:IF"rlc)I,.,t: L.ots 1 ,;:l,lld 2. E<lc'c~:: D, Jell-Ill D. F~:f::ic.1~!:5 ~./illdq'~'
(PB;~l F'aqe 95) F'alm BC'3Cli COU1'"Il:y F'ubl ic nec:o'('ds
REFERENCE: Letter- of Intellt froln Steve CL,ll"ic dated I~Clvember 15,1989
1'1,." Cur'ic "Ii 11
f-.:lE:ach dl..)E'S 'i"l() t
a)-range hIS OWl') 1st {TIOJ,.tgage if
wish to C2\-ry any llote itself.
the City Q"f Delray
The adjusted conditiollS WOllld be:
c3()l.E PF~ I CE
CAf.,H ~.JI TH lJF'FEF,
.~ 1 ST MURTDiiGI::
BALANCE ON CLOSING
$ 450~OOO
t, 10,000
$ 375,(100
$ 65~(JOO
~ - First mortgage to be arrairlged by the buyel-.
CIDS1'1'"li,J Dn [1'1- i::.ihou"l:; Ff.~brue:"'I-Y 20,1990
"1"llis (,'Ffer is "f"y-orn Steve Cuy-ic as an individual for" B cOfnpallY
tel be illCOl"pOrated.
P~d;~~~~~~
l
~
,
1
.
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~love'nber 24~1989
Fl-~,l'''ll_: :,::,pG:l"l':"'5i?
City of Delray Beach.
1(1() J'~or"thwest First Avel1ue
D~1'-2Y 8eactl~ Florida 33l~44
1::;:Er:~EI:~:l=.::I\ICE: F'~~I"CE~J. E~~ F3eoutt"!E'dSt Cor'Y)~=)- Lot. of '',I'f.!ne+:.i.~_l'l B-l'"'rcl t'1il"=\ln~~~r' St)"eets.
LEGAL DESCRIPTION, lots I and 2, Block D, John B. Reid's Village
(PB21 P~ge 95) f~alm Beach CCllJllty F'ublic Recol-ds
F'lG"~':1~-:,(:" r'f~qi':~,tF~i'- th(::~ t-[IJJD~Ji,nq indi.Yidu~l rDr- ttl/-? PUl-I:::hasE':' e.f thE' i3.bove
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Dt:lrotl~~-;;.:;t:. Sf2vf2fsen
Realtor-Associate
Gimelstob Realty 11-\C.
7461 N..Feder2lIHlghway
Suite 83
8oc2I R2Iton, FL 33487
OF fE' (407) 241.6222
RE (407) 994.6468
DOROTHY "KONNIE" SEVERSEN [9.
SALES EXECUTIVE REAL 'OR
Gime~~at~~ '''JiTI~[~!~~@
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'RSSOCI~TfD
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&. COnSULTRnTS JOe.
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JAMES R. BRANCH, SREA, MAl
JOE R. KERN, SRA
KENNETH J. KISSEL, MAl
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ASSOCIATES:
MARCIA M. BRANCH
WILLIAM W. BRANCH
KATHLEEN A. CROMWELL
VIRGINIA S. GRAF
AUDREY J. HORSEFIELD
DONNA M. KERN
ANTHONY J. REICH, MAl
F. L. RODGERS
MARSHA H. CIOFFI
January 3. 19a9
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Herb Thiele, City Attorney
City of Oelray Beach
310 Southeast I st Street. Suite q
Oelray Beach. "'Iorida 33~a3
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Dear Mr. Thiele:
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Pursuant to your request. we have complated an appraisal of the property loceted
et the southeast corner of Miramar Streat and Venatian Drive. We estimated
the subject's current market value of the fee simple interest besed on 10 end
I Ii developable uni ts and based on the data avai lable regarding the minimum
amount of site work necessary to develop the sita. A datailed discussion on the
assumptions necessary to estimata the subject's valua are in tha Pralude to Valua
section of this report. Based on the above. the estimated values of the subject
as of December 15. 19aa ara as follows:
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15 Developable Units
SIj~O.OOO.
slao. 000.
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10 DevGlupabla Units
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This letter is made a part of the attached appraisal report. which includes a
dascription of the property appraised and a discussion of the analyses and
conclusions involved in the valuation of the property. This report is subject to
the Assumptions and Limitin9 Conditions conteined herein. particularly items
No. 26 and 27.
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Respectfully submitted.
G?"~~'~
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-APPRAISAL Rt~ORT
RSSOCIRTfD
PPR-RISfRS
Prepared For: Herbert W. Thiele. Esquire
City Attorney
Citv of Delray Beech
Property Address:
SW corner Venetien Drive & Miramer Street
11211 Prosperity Farms Road
Suite 202B
Palm Beach Gardens, FL 33410
(305) 694.2222
Delray Beach. Florlde 33~~~
GENERAL DATA
Legal Description Lots I G 2. Block D John B. Reid's Village [PB 21. pege g51. Pelm Beach
County Public Records
Owner of Record City of Delray Beach
Purpose of the Appraisal To estimate the current market value of the subject property.
Function of the Appraisal This appraisal is to be used in conjunction with marketing the
subject pro~erty.
Definition of Mar at Value (See Correlation/Summary Po.)
Property Rights Appraised Fee simple title. unencumbered
Date of Appraisal December 15. I 988. ,
Zoning RM 15: Multiple-family Dwelling District. City of Delray Be~ch. Florida.
Highest and Best Use (See Correlation/Summary Po. for Delinition)
Multi-family residential development.
Total Assessed Value (19 88 )
$ ~59.089.
v
Total Taxes
$ exempt
FalloN .12~3~6161~00~0010
Flood Zone A5: Area of 100 yearflood plain: community panel 11125102 OOO~C: City of Delray
Beach. Florida. Census Tract - 7~.0 1
History The subject has not sold in the past 5 years,
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MEMORANDUM
TO:
MAYOR DOAK CA~~ELL AND CITY COMMISSIONERS
FRA~S~Nd," ~IREC;OR, DEVELOPMENT SERVICES
FROM:
SUBJECT:
OFFER TO PURCHASE CITY OWNED PROPERTY
DATE:
NOVEMBER 28, 1989
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Attached for your consideration is an offer to purchase the City
owned parcel on the corner of Venetian and Miramar Streets for
$450,000.
The 1988 assessed value of this property is $459,089. The City's
most recent appraisal, done on December 15, 1988, was for
$430,000. The City's advertised asking price was $474,900.
The Realtor, Dorothy A. Seversen, of Gimelstob Realty, Inc., has
presented two proposals for financing after a $10,000 deposit,
one being all cash at closing or, if the Commission desires, a
five-year first mortgage of $375,000. Commission is reminded
that the proceeds from the sale of this lot will be used to fund
the construction cost of the new Fire Station No. #2 on the
beach.
Commission is reminded that they have agreed to pay a five
percent commission to the participating selling broker. This
amounts to $22,500. Therefore, the net proceeds after payment of
commission would amount to $427,500.
If the City Commission decides to accept this offer, the next
step would be to authorize the City Attorney to develop a sales
contract with the proposed buyer.
Dorothy Seversen and I will be present to answer any questions.
FRS:kwg
Attachments
cc: Malcolm Bird, Interim City Manager
Herb Thiele, City Attorney
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)NTRACT FOR SALE AND PURCHAf
PARTIE~ The CITY OF DELRAY BEACH. a F]orin~ mllni("in~l ~lIhdivi~ion .("~,",.._)
ot 100 NW First Avenue. Delrav Be;::!.C"h. Florid::l (pllQnc 243-7090 - l,
and WTT T. T AM H BRADLEY . (,Bw.,,>
01 1009 Nassau Street. Delrav Beach. Florida 33483 IPh""" 278":5278 I
hereby agree thai the Seller shan sell and Buyer Shall buy the following real properly ("Real Prooertv"} and personal properly ("Personaltv") (COllecll\lelyProoertv") upon lne fOllowlnl'J
terms and conditions whlCtl INCLUDE till' Standards for ~eal Esfnle Tr;1flsncllons pnnted on the reverse or <l1l,lChCc11 "51.11\(1,1((1($)" ) ,lI1d ,Illy <ldrJ0mlurn 10 !IllS Il1strumrmt
I. DESCRIPTION: (a) lcg..1t dcscnption of Real Property loc<lted In Palm Beach COll!lI')/ FlanCl;!
Lots 1 and 2, Block D, JOHN B. REID'S VILLAGE,. according to the Plat tl,ereof recorded
in Plat Book 21, Page 95, of the Public Records of Palm Beac~ County, Florida.
Personalty:
None
Southeast corner of Venetian and Miramar Street, Delray Beach, FL
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Street address, City, zin, 01 the Pronerty is
II. PURCHASE PRICE
PAYMENT:
lal DepoSiltsl to be hek:l in escrow by City of Delrav' Beach
(bl Subject to ANO assumption of mortgage in good standing in favor of
s 474.900.00
in the amount of $
10,000.00
having an approximate present principal bal,'nce of $
Purchase money mortgage and mortgage note bearing annual interest at % on terms set forth herein. in amount of
Oth." ' w i 1 ffec ive D te
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Ie) Salance to close (U.S, c
III. TIME FOR ACCEPTANCE; E
on or before D m .,
The date of this Contract ("Effective
IV. FINANCING:
'Jbtaining a written commitment for Ihe Joan within days from Effective Date, at an initial interest riue nol to exceed':o; term of ,y€.<lrs:
and in the principal amount of S . Buyer will make application within days from Effective Dale, and use rea nee to oliltain the loan com-
mitent and. thereafter, to meet the terms and conditions of the commitiment and to close, the loan. Swer shall pay all ,loan ex uyer fails to obtain the loan commitment and,
~)(omptty notifies S';,lIer in '.wiling, or art".'r diligC'nt efforl lails to meet the terms and conditions of the com r to waive Suyer 5 rights under IhrS subparagraph within the IlrT1C
stated for obtaining ltle commllment. then either party m~y c,Jncc-l the Contr.Jct and Buyer shall ed the deposll(::;}
(b) Thc exishng mnrlgage described In Paragra~h lJ(b) above has (CHE (2)); (l) 0 a variable interest ratel OR (2) 0 a "xed Interest rate of v;o D(!r annum
At time of title transfer sorne fixGd Intcres! r<ltes <.ire subJecl se. If increased, the rate shall not exceed % per .1nnum, Seller shall, Within
days from Effective Date, lurnJ~h a statement from agcns stating principal balances, method of payment, interest rate and status 01 mOrlgages If Buyer 11as aQret;!d to aS~lIme
J. mortgage which reqUires ap~roval y tM mortgage,: for assumption. then Suyer shall promptly obtain all reqUired apphcatrof1'3 and Will diligently complete and return them
to the mortgagee, A charge/s) nolto exceed S shall be paid by (if not filled In, eqLlalJy diVided) If the Buyer IS not accepterl
by mort requI.rements for assumption are not in accordance with the terms of the Contract or mortgagee makes a charge in excess 01 the stated amount, Setler or
S
$ 37,490.00
RAWN certified or caShier's cheCk), Subject to adjustments and prorations S 427. 4 10 . 00
ATE: If this offer is not executed by and cleliverecUo aU parties OR FACT OF EXECUTION communicated in wri'ting betweentoe.partres
8 the deposil(S) will, at Suyer's option, be returned to Buyer and the offer withdrawn
Dale") will ~e the date when the last one of the Buyer and the Seller has signed thiS offer.
v, TinE EVIDENCE: AI least d(\YS~o@o~I@~,~@o, S,illefshall. at ~Her'Er~~nse, deliver f5 Buyor 'or BlIyors <1t!orney, in ,lccorrl;"lr1ce With SI;"lnd,1rd A, (Cllcck jl,
')r (2)): f 1) 0 abstract of tItle OR (21 rn title rllSLlrance commitment a ttleet al: tacrreCcf 1a'crdetfcfJhr
VI. CLOSING DATE:T'" 11 t~f .iila .~i.11 8(! 813!iiU~! lIl!""! j!8 .:l.8t e r.~_' I. ....1..._ _ d~1' _ ~d _ . ~ ,,'~ _~ ~ 'w~ l., ..... ~ ~~. ....v " ". GV'Lr"H..1
VII. RESTRICTIONS; EASEMENTS: LIMITATIONS: Buyer shall take lltle Subject to: lonlng. restrictions. prohibitions and other ;reQlllremenlS Imposed by gove",mel1l.:l1 i!uthonty, rcstncl'0r,'O
and mailers appearing on the plat or otherwise common to the Subdivision; Public utility easements of record (easements <:Ire to b~ loc8ted conll<jllClIS to RCClI Properly lines "'I
not more than 10 feet in width as to the rear or front lines and 7 'I:' feet in width as to the side lines, unless otherwise specified !l0rCrr;l): lClxCS lor year of CIOSIf1\j and subsequent
years; assumed mortgages and purChase money mortgages, il any: other: none
provided, that there e:xisls at clOSing no violation of the foregoing and IlOne of them prevents use of Real Property for RM-ll) z on in po purposels)
VIII. OCCUPANCY: Seller wam:Jnts ~hat there are no parties in occupancy olher than Seller, but If Property IS intended to be rented O' Occupied beyond ctoSlng, the fact and terms
thereof shall be stated herein, ana the tenant!s) or occupants disr:losed pursuant to Standard F. Seller agrees to deliver occupancy of Properly ill time 01 clOSing unless otherWise
stated hereIn, If ac:cupancy is to be delivered before Closing, Buyer assumes 311 risk of loss to Property from dale of occlJpancy, ,shalt be reSPonSible and liable for maintenance from
Ihat date, and shatl be deemed 10 have accepted Property in their existing condillOn as of lime of taking occupancy lInl!'!ss otherwise stated herein or III a separate writing
IX. TYPEWRITTEN OR HANDWRITTEN PROVISIONS: Typewritten or handwritten proviSions shall control all printed prOVISlorlS 01 Contr:1ct 111 CQl1fl:ct With them,
X; INSULATION RIDER: If Contract is utilized for the sale of a new residence. the Insulation Rider or equivalent may be attached I
,
Xl. COASTAL CONSTRUCTION CONTROL LINE ("CCCL") RIDER: If Contract is utilized for the sale 01 Property affected by the Cr:CL. Cnapter 161. FS 119851.;)5 3lrlendect,
shall apply and the CCCl Rider or eqUivalent may be allac;ied to this Contract.
XII. FOREIGN INVESTMENT IN REAL PROPERTY TAX ACT ("FI.RPTA") RIDER: The parties shall comply with the proviSions of r:IRPTA and nppllcable reQuiatlQI1S whlcl, c:luld
cequire Seller to provide adrJitionai cash al clOSing to meet withholding reQu;"rements, and the FIRPTA Rider or equivalent n1ay be JUi.lc,hed to thiS ContrJ.ct
XIII. ASSIGNABILITY: {CHECK ( 1; or (2)1; Buyer ( 1) e9 may assign OR (2} C may not assign Contract.
XIV. SPECIAL CLAUSES: (CHECK (11 or (2)): Addendum (t) IX] is attached OR (2)0 is not applicable,
THIS IS INTENDED TO BE A I.EGALLY BINDING CONTRACT.
IF NOT FULLY UNDERSTOOD, SEEK THE ADVICE OF AN ATTORNEY PRIOR TO SIGNING.
THIS FORM HAS BEEN APPROVED BY THE FLORIDA ASSOCIATION OF REALTORS AND THE FLORIDA BAR
Approval does not constitute an opinion that any of /he terms and conditions in this Contract should beacc6pted by the par/lOs in a particular (ranS.Jction Terms
and conditions should be negotiated based upon the respective interests, objectives and bargaining pOSitions of all II1teresled acrsons
COPYRIGHT 1988 BY THE FLORIDA BAR ANO THE FLORIDA ASSOCIATION OF,REALTORS, INC
-err'! O'FLiELRAY BEACH
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Social Security or Tax 1.0. 11
LEY Y
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/~/07 Oat.
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By.
(Seller)
Date
Social Security or Ta~ LO. 11
(Buyer)
Date
(Seller)
Date
Social Security or Tax 1.0 11
Social Security or Tax 1.0, lit
DePOsit(s) uncler Paragraph II re'ceived; IF OTHER THAN 'CASH. THEN SUajECT TO CLEARANCE. (Escrow Agent)
3ROKER'S FEE: (CHECK & COMPLETE THE ONE APPUCABLE) S~
:J IF A USTlNG AGAEEMEI'/TJ~~U.RAENTLY IN EFFECT: . ,
seller agrees to pay the Sroker named below. IncluChng,cooQerating sub-agents named. aCCOrding to the terms of an existing. separate listing agreement
;r tF NO LISTING AQAE~.E!,TJ~..C.~~~ENT~Y t.1'/ ~F~CT:' . '
~seUer shall pay the eroker named below, at time or ClOSing, from the dIsbursements of lhe proceeds of the sale, compensation In tt)e amount oJ (COMPLETE ONLY ONEl
....2...- % of gross purchase pnce OR $ , for Sroker's services in eflecting the sale by finding the Buyer ready, WIlling and able to purchase DUrsuant to lhe foregoing
:ontract. U Suyer fails to perform and depOSil(sl is retained. 50% thereofr, but not exceeding the Broker's lee aboW! provided, shall be paId Sroker, <lS fLllt conSideration lor SrOker's
,ervices rncluchng costs eJtper'lded by Broker, and the balance shall be paId to Seller, If the transaction shall not clOse because 01 refusal or failure of Selier to perform. Seller shall
Jay the full lee to Broker onde,mand. /n any litigation ~ng our 01 the Contract concerning the Broker's fee, the prevailing party Shall recover reasonabte attorney fees 'and costs
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/!aLrthonzect slgl"icJfor/)
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(n<lme of cooperating sub-agent)
ISeller)
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ADDENDUM TO
CONTRACT FOR SALE AND PURCHASE
SELLER:
The City of Delray Beach
William H. Bradley
BUYER:
PROPERTY DESCRIPTION:
Lots 1 and 2, Block D, JOHN B. REID'S
VILLAGE, according to the Plat thereof
recorded in Plat Book 21, Page 95, of the
Public Records of Palm Beach County,
Florida.
A. This Agreement and the closing hereon are subject to and
contingent upon the Buyer obtaining a satisfactory environmental
audit of the property, and replatting of the property and site
plan approvals from the Seller allowing for 15 zero lot line lots
accommodating 15 two-story residential townhouse units in a
configuration reasonably acceptable to Buyer, and to all other
approvals from City agencies and boards required preliminary to
issuance of building permits for said 15 units. The Buyer and/or
Seller agree to use all due diligence to submit, follow up on
and/or process applications for such approvals, such applications
to be made at the sole cost and expense of Buyer. While Seller
shall cooperate with the Buyer in processing such applications,
it is agreed that Seller, its agencies and boards reserve the
right to disapprove of any plat, plans and applications submitted
by Buyer during the review process, without prejudice to Buyer to
resubmit amendments to resolve any conflicts; approvals or
conditional approvals, once given, may not be subsequently
revoked prior to or upon closing of this transaction. The
Seller/City and its boards and agencies may condition their
approval only on actual closing of the subject transaction. In
the event such approvals can not be obtained on or before the
closing date despite the due diligence each party agrees to use
in submitting and processing approval applications, this Contract
may be canceled by either party hereto in which case, Buyer's
deposits, and interest accrued thereon, shall be paid to Buyer.
B. All ~eposits hereunder shall be placed in an interest.
bearing escrow account in Sun Bank/South Florida, N.A., with in-
terest to be credited and/or paid to Buyer upon closing or cancel-
lation of this Contract for failure of contingency or other
permitted reason (e.g. title defects). In the event of Buyer's
default, entitling Seller to retain the deposit, Seller shall be
credited and paid such interest.
C. This transaction shall be closed 10 days after resolution of
the contingencies set forth above but, in any event on or before
6 months after the Effective Date hereof, provided, however, that
if Buyer has diligently pursued resolution of contingencies,
Buyer at his option, may extend the closing for up to an
ad~itional 60 days in order to obtain any approvals that, despite
Buyer's best efforts, could not be obtained within the original 6
month period.
CITY OF '",ELRAY BEl'"d
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illiam H. Badley
By:
SPINNER. DITTMAN. FEDERSPIEL e. DOWLING
501 EAST ATLANTIC AVENUE - DELRAY BEACH. FLORIDA 33483 \4071276.2900
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,'''"'''''''''' ,.oP urn' Rea t~INC.
101 SOUTHEAST SIXTH AVENUE. DELRA Y BEACH, FLORIDA 33483. (407) 272-3003. (407) 736-80B8, Fax i407) 272-3047
December 8,1989
City of De1ray Beach
This letter is to inform you that Plum Realty Inc. represents
William Bradley as our client regarding the contract to purchase the
property on the Southeast Corner Lot of Venetian and Miramar Streets,
legally as Lots 1 and 2, Block D, John B. Reid's Village (PB 21, Pg 95)
Palm Beach City Public Records.
Sincerely,
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Michael K~ Plum
REALTOR
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MEMORANDUM
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To:
Lula Butler, Community Improvement Director
Jerome Sanzone, Chief Building Offici~ ~,
Joyce A. Desormeau, Occ. Lic. & Sign Admin.~1
,
Thru:
From:
Date: December 15, 1989
Subject: REGENTS ASSOCIATES NONCONFORMING SIGN
---------------------------------------------------------------------------
In response to Regents Associates request for City Commission's waiver from
the sign code, which requires a 30 foot special set-back on Congress Ave.,
the following information is submitted:
l.
cited by
also for
Subject free standing sign located at 2085 S.Congress Ave. was
this office 1/5/85 for illegal sign installation without permit and
violating the 30 foot set-back.
2. The Board of Adjustment denied the set-back request 6/13/85.
(Note: The Board of Adjustment is no longer used as an avenue of appeal per
the City Attorney and city code).
3. The Code Enforcement Board found the property owner guilty of
violating the code 11/20/85 and imposed a fine.
4. As the commission was in the process of reviewing the code to
accommodate nonconforming sign problems, especially signs in the set-back,
it was decided to delay the sign removal and fines hoping the code change
would resolve the location issue.
5. As the code change of a 20 square foot sign, 7 foot high
accommodate the Regents Associates sign of 40 square feet, when
moratorium was lifted this year, it became necessary to proceed
removal request.
would not
the sign
with the
6. The set-back problems occurred long before Congress Ave. was
widened, and the sign was installed and remains without a permit.
The nostalgic sign committee reviewed all nonconforming signs
recommending to the city commission those signs to be waivered from
sign code.
when
the
It was determined at that time all signs in the set-backs could come into
compliance, either by moving or reducing to the variance specifications of
20 square foot face and 7 foot high.
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[ITY OF DElAAY HEA[N
100 N.W. 1st AVENUE
DELRAY BEACH. FLORIDA 33444
407/243.7000
December 13, 1989
Mr. Harry F. Kwartler
Kwartler Associates, Inc.
6871 Fountains Circle
Lake Worth, Florida 33467
Re: 2055-85 South Congress Avenue
Dear Mr. Kwartler:
Your request for waiver of sign code will be considered
by the Delray Beach City Commission at their Special
meeting on December 27th at 5:30 p.m.
Yours truly,
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Interim City Manager
MB:nr
cc: Mayor and City Commission
Robert A. Kwartler
THF EFFnRT Al WAYS MATTFRS
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2 North Street . Waldwick, New Jersey O~'!3;:':~(2e.h~5V:~P
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CITY ~lAf,~;;tR'S OFFICE
November 1, 1989 ~r:'_I""\ 0.oc' -' ~
Doak S. Campbell, III,
City of Delray Beach
100 N. W. 1st Avenue
Delray Beach, Florida
Mayor
33444
Re: 2055-85 South Congress Avenue
Dear Mayor Campbell:
Thank you for your letter of October 17 regarding our
sign problem at the above address. We appreciate your
taking the time to gather background information and
enclosing copies.
We would like the opportunity to appeal the decision of
the Code Enforcement Board and to seek a waiver from the
City Commission. Please consider this letter a formal
request to be heard. Our office has checked with
Mr. Frank Spence as to proper procedure and understands
that our representative should be present when the
request is considered by the Commission. Harry Kwartler
will be in Florida after December 8th and will be available
whenever thereafter the question could be considered.
Again, thank you for your courtesies and those of your
staff. We will await notification on when a hearing
might take place.
Very truly yours,
mn
KWARTLER ASSOCIATES, INC.
Agent for Regent Associates
-crJ4~~
Robert A. Kwartler
cc: Malcolm Bird
The above is submitted subject to change in price, corrections, errors or omissions, prior sale or lease or withdrawallrom the market without notice.
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407/243.7000
September 26, 1989
Robert A. Kwart1er
Kwartler Associates, Inc.
2 North Street
Waldwick, New Jersey 07463
Dear Mr. Kwartler:
We are in receipt of your correspondence of August 24, 1989.
I am attaching staff research on this matter, Wllich indicated your sign was
erected without a permit and was issued a violation January 5. 1985. The
Code Enforcement Board found tlle property owner guilty of tile code violation
November 20, 1985 and a fine was imposed.
Staff encouraged deferment of Board Order enforcement until after the City
Commission finished their final review for changes in the sign code, as it
had been recommend signs such as yours could be allowed to remain in the
special 30 foot set-back.
When the City Commission agreed not to change the set back portion of the
code, it become necessary to proceed with the removal request.
As you can see, an attempt was made, which extended over many years. to
assist the property owners in bringing their sign into conformity.
We are no longer able to accommodate the illegal location of your sign and
are now directed by the City Commission to bring all nonconforming signs
into conformity.
If our staff may be of any further assistance to you during your
relocation process, please contact Joyce Desormeau, Sign and Dcc.
Administrator at (407) 243-7205.
sign
Lie.
Sincerely,
lIalcolm Bird
Interim City ~lanager
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Fax . (201) 652-3253
&..aI'CiP.da/#. - .f,u"Jlm",,/.s
August 24, 1989
,
The Honorable Doak Campbell, Mayor
City of Delray Beach
100 N. W. 1st Avenue
Delray Beach, Florida 33444
Re: 2055-85 South Congress Avenue
Dear Mayor Campbell:
I am writing this letter a~ the suggestion of Commissioner Jimmy
Weatherspoon with regard to our signage problem at 2055-85
South Congress Avenue, Delray Beach.
At the above address there exists a 4' x 10' concrete sign with
steel reinforcement bars supported in a 2' x 2~' concrete founda-
tion. This sign was to the best of my knowledge part of the
original site plan when the building was approved for construction.
The Town has notified us that this sign is now in violation of
certain setback regulations and therefore must be removed or
destroyed. The cost to us will be anywhere from $3-5,000.00
according to local sign vendors with whom we have discussed the
problem.
Personally, I feel this is an unfair situation considering that:
1) the sign must have been initially approved before being
erected;
2) the setbacks were probably changed when Congress Avenue
was widened;
3) when Congress Avenue was widened, the Town or County or
whoever did the work destroyed lawn sprinkler lines which
have since caused any vegetation in the island planters
in the front parking lot to wither and die with no hope
of repairing the sprinkler system without substantial cost;
4) the present owners have only owned the property for about
a year and are inheriting these unfair obstacles when their
real objective is simply to do business, attract jobs, and
pay taxes in Delray Beach.
Sir, since acquiring the property, the owners have experienced a
loss of one tenant due to bankruptcy and are on the verge of
hopefully signing a new lease with a new tenant which is no mean
feat given the softness of the local commercial real estate
market. The new tenant will want a sign as well as the existing
The above is submitted subiect to chanQe in price. corrections, errors or omissions, prior sale or lease or withdrawal from the market without notice.
I
~
,
.
Honorable Doak Campbell
-2-
'August 24, 1989
other tenant. Please help us with any sort of setback waiver the
Mayor and Commission can authorize. As new members of the
Dusiness community in Delray Beach, all we ask is a friendly start
and a fair shake.
Thank you very much for your time and attention to this matter
and I look forward to hearing from you soon.
Sincerely,
KWARTLER ASSOCIATES, INC.
Managing Agent for Regent
/-::::J /l / /J
~o&,,-t 0 ;-:t-flZ'i-l/::~~,
Robert A. Kwartler
RAK/mn
cc: Commissioners:
Trish Brainard
Mary McCarthy
Bill Andrews
Jimmy Weatherspoon
{
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.
MEMORANDUM
6,,"60._':: C~~ ~f--'
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16
To: Lula Butler, Community Improvement Director
Thru:
. j4'-.
Jerome Sanzone, Chief Building OffiCial,;!
Joyce A. Desormeau, Occ. Lic. & Sign Admin.~/
i7
,
From:
Date: December 15, 1989
Subject: LINPRO DELRAY COMMERCIAL CENTRE VARIANCE REQUEST
-----------------------------------------------------------------------------
Subject
without
1-95.
10x16 foot, double faced free standing sign is currently located
a permit on the rear of the Delray Commercial Centre property facing
The original sign was properly permitted and located 10 foot from the property
line, per attached copy of site plan of permit #2835.
Sign Graphics submitted plans for the relocation of subject free standing
sign with a 10 foot set-back from the rear property line indicated.
This office spoke with Mr. Wunsch, Sign Graphics, July 5, 1989 regarding
the rescheduling of CAB. He indicated the sign would be moved without a
permit. We informed him he would be in violation and would be subject to a
triple penalty fee.
The sign was subsequently moved July 13, 1989 without:
(1) a permit,
(2) the appropriate footer inspection by building inspectors, and
(3) the 10 foot set-back as submitted to this office.
This case was brought to the Code Enforcement Board November 28, 1989, at
which time Linpro Delray Commercial Centre agreed they were in error for the
illegal sign installation, but as part of the stipulation agreement, have
asked for the opportunity to address the City Commission in seeking a waiver
from 162.055(B)(I), which requires a 10 foot set-back.
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Parking Required
Parking Provided
Handicapped Space.
Handicapped Space.
NOTES:
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Provide concrete
All lighting 1.
Division .tandard
Solid waste conte
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[ITY DF DElAAY HEA[N
CITY ATTORNEY'S OFFICE
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MEMORANDUM
Dnte: De~embp.r 20, 1989
TD; City Comrnissic>n
From: S'lsan A. Ruby, Assistant City httorncy
Subject: A.L. Roark, Inc. - Police Software Contract
Our office has negotiated a contract with A.L. Roark, Inc. fOL
computer software for the Police Department.
WhilE, the City's request for proposals called for a
bood, it did not specify the amount of said bond.
Ine. . s bid price did not include the cost of a
bond.
performance
A.L. Roark,
performance
For the reasons specified in the attached letter from Dick
Zuccaro, Director of Management Information Systems, a request
to waive the performance bond is presented to you for your
approval.
Please do not hesitate to contact Mr. Zuccaro or me if you have
any questions regarding this matter.
'. \.-. I ...J
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SAR:'ci
co Malcolm T. Bird, Interim City Manager
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[ITY OF DElAAY BEA[N
,')\i'.\'
- c:: '.):
:':'I::.:...,.:J,,\ ~:;:~. c..., ~LOH.'DA J:3444
407/243-7000
MEMORANDUM
TO:
Susan Ruby, Asst., City Attorney
Richard Zuccaro, Director of Management
Information Systems
FROM: 1 J--
DATE:
December 19th, 1989
SUBJECT:
Request to Waive Performance Bond Requirement
for the Police Application Software.
By way of this memorandum I am requesting that the City waive the
Performance Bond requirement for the following reasons:
1. The A.L. Roark System is currently operational on an IBM
AS/400 in the City of Tampa.
2. The City of Tampa went live two months from date of
contract as scheduled by AIL. Roark.
3. The City of Delray Beach, through
Attorney, Susan Ruby and the MIS Director,
able to secure a contract to include:
the Assistant City
Richard Zuccaro was
a. Professional Liability Insurance in an amount not less
than $ 300,000.
b. A free two year support agreement.
c. Source Code to be delivered with the system.
d. A payment
be made only
tasks.
schedule that allows payment by the City to
upon the successful completion of specific
Of the eight (8) proposals received the A.L. Roark Corporation is the
only Public Safety Software that operates on an AS/400, meets all of
the requirements as outlined in the Request for Proposal (including UCR
Reporting for the State of Florida), has hot-site backup on a System 38
and all of these features are currently operational in other city's.
RZ : aga
MIS PDWAVE
T E ,'CRT AL'/VAY'; MATTERS
.
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CITY OF DELAR~ BERtH
CiTY .ATTORNEY'S "l:~'" .
,
l'1E:",1'-1?AtDUM
1)at:_~"} ';
Dec~mber '17 ~.9~~
Tu;
C'i ty l'o.~ri\.i.ss l.Oli
Malcolm ~. Bird, Interim City Manager
From: Herbert'. W,"A., Thjph~, City Attorney
S\lbj ect: Receipt::>f P,roposed Agreemer..t from }\ckerly
Communications of Florida Inc.
The Cit:y "Att:orney's Office had recently sent to you a copy of
cOITespondence and a proposed agreement submitted by the fh'm
of Chapin .. AI1mstrong on behalf of Ackerly Communications of
Florida, Inc.
It is our understanding that this matter is going to be
scheduled for your consideration at the Special City commission
meeting of December 27, 1989. In that regard, ite would be QUI'
suggestion that this agenda item discuss not only the proposed
Ackerly Agreement, but also the status and continuation of the
agreement previously entered into by the City wit.h Eagle
Outdoor Advertising and pa.r'k Ten Business par'k. The purpose
for having t.he dual items on the agenda is so t.hat this matter
can be finalized and clarified for all part.ies' benefit.
As to the proposed Ackerly agreement, you will 110.te that t.his
proposed "lgreement, as wri.tten, 'I'lould allow an additional
billboard to be located approximately 500 feet south of the
existing location of t.he billboard on the Park Ten Business
Park p.roperty. Shou ld the City Commission enter into this
agreement with Ackerly, as well as allowing the Eagle Outdoor
Advertising agreement to exist, it would result in the poten-
tial for having two billboards at the site while only one is
presently there. Furthermore, additional waivers of ordinances
and permits wiil need to be sought on behalf of Ackerly and
grant.ed by the City commission and City Administration.
As to the previous agreement regarding Eagle Outdoor Advertis-
ing, there has been some confusion as to the factual setting by
which this agreement. was proposed. A copy of recent correspon-
dence received by the City At.t.orney's Office from Edward A.
Bolter, pr'esident of Eagle Outdoor Advertising, is attached
hereto for your information as well. In regard to the Eagle
b
C:.l ty Commi_ssion
December 17, 1989
Page ',I'wo
Outdoor Adverttsinq 3.greement, t.herc are some persons who
appareDtly believed that this agreement was predicated on the
fact that either Eagle or Park Ten owned the structure af the
billboard that is currently in existence. Apparently t.hat. is
not the case, and Ackerly Communications has represented to our
office t.hat they in fact own the structure and intended to
remove same upon the expiration of t.11ei1' current lease on
December 31, 1989. In a recent conversa.tion .,.,ith Mr. Bolter,
it. was Mr. Bolter's position that he in fact had not represented
to the City that Ea','/le Outdoor owned the existing structure.
Rather, Mr. Bolter has restated that it was his position that
if Eagle Outdoor was not given the opportunity to move the sign
through the agreement with the City, the current property owner
(Park Ten Business Park) could merely have renewed the lease
w.i th Ackerly, result.ing in the current structure staying in its
present location in perpetui.ty. It was the opportunity to
enter into this contingent agreement (the contingency being
that Eagle Outdoor was in fact the lessee as of January 1,
1990) that allowed the City to have a finite end of the exis-
tence of the billboard (at the end of the year 1999.
All of these materials are presented for your further consider-
ation and discussion at your Special City Commission Meeting of
Wednesday, December 27, 1989. In the interim, if you have any
questions or if you would like to discuss this matter further,
please contact me personally.
HT:cp
,
, "
Attachments
<;-.e
~ ''-~ ~_... ~ ~;.X:~~Y
cc: Malcolm T. Bird, Interim City Manager
Edward A. Bolter, President, Eagle Outdoor Advertising
Joe Carrasello, Park Ten Business Park
Robert Chapin, Esquire, Attorney for Ackerly
Communications
David Armstrong, Esquire, Attorney for Ackerly
Communications
.
EAGLE
OY:fRQ9N9R
....
December 13, 1989
B\\3~i~_-
Herbert W.A. Thiele
City Attorney
City of Delray Beach
310 S.E. 1st Street
Suite 4
Delray Beach, Fl. 33483
.
RE: Construction of Billboard on Park Ten Industrial Park
Dear Herb,
Due to the recent attention of Mr. Bob Chapin on behalf of his
client, Ackerley Communications and his assertion of misrepre-
sentation of our contract with the City, we have executed another
lengthy legal ~eview of our documents with the City.
As you a~_awarei Eagle Outdoor does not own the existing struct-
ure and you and I have attempted to eliminate any reference to
that fact. See Draft Document,Paragraph 3 and Final Agreement
Paragraph 3.
In Paragraphs 1 and 5 however,
could be interpreted otherwise
the said misrepresentation by
in paragraph 1 and "movement"
their still exists language that
and cause a legal dispute due to
the specfic use of "relocated"
and "reconstruction" in paragraph
5.
I am not sure as to what I needAfrom the City Attorney, however
I believe you and I were clear on the action to take place, yet
the language in those two paragraphs contradict us, Our intent
is further substantiated by the changes made in the draft letter
to the Florida Department of Transportation.
;:'.::, Scui..7eJSl SE',"'J,~cJ ;',eni/2
':\;,rav Bedel" r'onOJ 33444
r;,r:O,'lone (407) 272-3430
riX (407) 2:r].]495
EAGLE
OY:fRQD9R
...
I would like an opportunity to talk to you and see what needs to
be done on our part to eliminate any misinterpretation at a later
date.
Sincerely,
c:J;:Q
Edward A. Bolter
President
enclosure
~
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,:~,'~l;Jt)Dnf i,liP! 27:'-3';30
,r:ax ~JOl~ 272-3y'95
.
CITY' OR~EY' OFFIC .;~ SE. I~; ST EET.SlIITl4
/'
April 12, 1989
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IJJ.:LRA Y BEACH. I"LO~uIIDA 33483 365/243) 0.0
. /
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Florida Department of Transportation
----
~
:i)L.,e/I ---.-
Please be advised that the City Commission of the City of
Delray Beach at their meeting of March 28, 1989 authorized the
waiver of a.w applicable city ordinances which would prohibit
Q:he movemen!! of a billboard located on the Park Ten property
and owned by Eagle Outdoor Advertising to be moved 65 feet to
the west. This permission was subject to certain conditions,
including receipt of permission from t.he Florida Department of
Transportation on this subject.
Sincerely,
OFFI CE OF.3HE C:{TY MANAGER
CITY OF DEiRAy'BEACH, FLORIDA
Walter O. Barry
WOB/mkl
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A.~ l:.:s ~"j SJ1JJ "-" Cu.(..",,,
T~:., ~1f"\'SS;~ Vl't<,.
I hOW [
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[ITY DF DElRAY BEA[H
,
CITY ATTORNEY'S OFFICE
,1une ?2, 1989
310 S.E. 1st STREET, SUITE 4 DElRAY BEACH. FLORIDA 33483
407/243.7090 TELlTOl'lrR 407/278-4755
Floridll Depllrtrl(mt of Transportation
Permits Department
780 S. \~. 24th Street
Ft. Lauderrlale, FL 33315
Subject: Permission to Construct a Billhoarr! Owned by Rag-Ie Outdoor
AdvertisinJ< Within thp City of r.,pJrav Beach
To Wh0m it May Concern:
Please be advisect that the City Commission of the City of Delray Beach at
their meeting of March 28, 1989 authorized the waiver of any applicable Cit,'
ordinances which would prohibit the construction of a billboard to be located
on the Park Ten property and owned by Eagle Outdoor Advertising-. This
permission was subject to certain conditions, including- the removal of the
existing billboard and receipt of permit from the Florida Department of
Transportation on ,this subject.
Sincerely,
~..,..,.,-.
Walter O. Barry, City Manager
WOB/mkI
cc City Commission
Herbert W.A. Thiele, City Attorney
'~'.t_. :.:;: ll~.., j.~~~/"'t~
k~! t-"'~ )~.'. r.r ~
AGREEMEN1'
This agreement made this
day of
, 1989,
by and between CITY OF DELRAY BEACH, FLORIDA, hereinafter
referred to as the "City", and the following parties, both
jointly and severally, EAGLE OUTDOOR ADVERTISING and ~ARK TEN Ou.U\t.
BUSINESS p~hereinafter referr_ed to as the "OWners").
For and in consideration of the mutual covenants and
promises set forth herein, the parties hereto agree as follows:
WIT N E SSE T H
1. That, the City of nelray Beach does hereby agree to
suspend..,the effectiveness of its Code of Ordinance sections
162.035 (G) (3) and 162.035 (F)(3)(a) in order to permit an
existing bi~lboard sign
to be relocated on the owner's proper-
'$l.....;1~ ~ 60..0..,
'"P:<~k re ..,DJf\-(
ty.
2. That the property upon which this billboard is located
is more particUlarly described as follows:
(LEGAL DESCRIPTION)
3. That the owners agree that this suspension of the
applicable ordinances as referenced in paragraph 1 above is
being done solely for the purposes of and is limited exclusive- elk
,,,,-pl<:s 6"'.,;4,,'1 ;J '\.~{
ly to permitting the owners to relocate the Subject billboard I
. ~('(:
now in existence on the property a distance of 65 feet to the
wes~ and further to permit the subject billboard to be made in
a location flush with the building now located on the owner's
property and to change the configuration of the base upon which
ct ~\v
said billboard rests. However, nothing herein shall be con-
G~c..<:
strued to permit the~ner~from changing the dimensions of the
billboard sign itself, nor shall it permit the billboard to be
b. '( 1s.7 I
at
a height greater than it is in its current location.
"Sv\,.)t,) ~;:f:: 5\N ',\ Ie \Jt{J
4. That the~wner~do hereby agree to pay to the City the
of Forty Five 1~ousand ($45,000.00) Dollars, to be paid in
,
'I
,4 ~
( \\ l'Ik. 17'" sum
t!-~,. \-l-
,r (, {\(,
'J.......) \
equal installments annually upon the anniversary date of this
~reement fo~p~~~~~s_Of beautification projects that shall be
solely under t~e discretion and control of the Cit;~ The City
agrees that .i t "shall endeavor to make an expenditure of these
. ,~
~
funds to---'projeets or beautification in the area which is
generally in the vicinity of the
/. . 1>1~
owners. f.rL.J "'^ ~'" t. '" A '>' '5 '-./.
5.
The owners agree
subject property owned
100- s, Co \ : : fl. r
5CL (VV''\f'
that all costs of the movement
by the
of the
billboard, its reconstruction, the costs of all landscaping,
the costs of all permits, and the obtaining of all necessary
approvals from the Florida Department of Transportation, the
City of Delray Beach, or other applicable governmental agen-
(: f.\k
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{i <" ,. '" ~'>
{f-.?'-'
cies, shall be done
r- .~
tion of theLowner~~
in the Obtaining of
solely at the expense and under the obliga-
That the owners agree to use due diligence
all necessary permits and approvals.
6. That, the owners agree too totally remove the billboard
and its base, and return the site to a condition acceptable to
the City, all at their sole obligation and expense on or before
September 1, 1999. Should the owners fail to do so, they shall
be subject to actions for violations of this agreement, as well
as for violations of all appliCable laws, regulations and
ordinances.
7. That this agreement shall be subject to the receipt of
approval from the Florida Department of Transportation for all
necessary permitting.
8. That time is of the essence in this agreement.
9. That the prevailing party, in any actions taken to
enforce the 'prOY'isions of this agreement or for violations of
'.
this agreement, including any appeals, shall be entitled to
~--
receive reasonable attorneys' fees and all costs attendant
thereto.
10. That this agreement shall be recorded in the Public
Records of Palm Beach County, Florida, as a covenant running
with the land and appliCable to the successors, heirs and
assigns of the Subject property referred to paragraph 2 above,
with such recording to be at the sole expense and obligation of
the owners.
11. That this agreement may not be modified by any of the
parties except upon written amendment hereto, executed by all
parties.
this
IN WITImSS WHEREOF, the parties hereto have
agreement on the date set forth above.
entered
in~u
CITY OF DELRAY BEACH
tf"v/"v'/"" ~ ,,~- ~
By:
Co.t ~ C.7'./dl
II~.i.Lt=:.LL w. ~..... ~i\;;l~
^~>''''' .,
rity }"(Lurne~
m1PS('~
T;j Clt-t
EAGLE OUTDOOR ~~TISING
IIt-Pr-i- 1./.1. ~;-elt/ E"J-
G~ 11110"7
',' '
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By
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PARK TEN BUSINESS PARK
-2<.p
By
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. )/(\i) r.u .p... c~
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',IY ~RAY Bl~~ .
April 12, 1989
/---'
/
I)FLRA Y SIiArH, I.'LOiIDA 33483
/'1
: 5/243l090
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Florida Department of Transportation ~
---'-
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Please be advised that the City conunission of the City of
Delray Beach at their meeting of March 28, 1989 authorized the
waiver of d.!l,Y applicable ci ty ordinances which would prohibit
the movemen!;j of a billboard located on the Park Ten property
and owned by Eagle Outdoor Advertising to be moved 65 feet to
the west. This r&r~;~~ion was subject to certain conditions,
including receipt of permission from the Florida Department of
Transportation on this subject.
Sincerely,
OFFICE OF TIlE CITY MANAGER
CITY OF DELRAY'BEACH, FLORIDA
----...- . .
WalterO. Barry
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.AI}r;.EEMENT
This Agreement made this
da~v o~
, 1989, b"
and between the CITY nF DELRA Y T:lEACH, pr,()~IDA, he:'""inafter r"ferr"n to
as the "Citv", ann the fOllowing- parties, hoth jointly and severa1!y, EAGLE
OUTDOOR ADVER'!'ISING and PAR" TEN BUSINESS PARK, herf'inafter
rpferrect to RS th~ "0wT1~rs".
Fnr and in c0!:sideratin'l ("I'" t11'~ T'T'JtltU:11 cn'Vp.nnnts anti !1~nmisc,c::: ~pt
forth hA!'ein. th~ narties !1PTPtn apTPp as fQUo"..r;:
WITNESSETH
1. That the City of Delra" Beach do<"s hereby agree to suspend
the effectiveness of its Cod of Ordinances sections 162.035 (G)
162.035 (F)(3)(a) in order to permit an existinp-; billboard si(m to be
(3) and
U"'.~0,
relocatea )L /./~ 2i~
-l- ~ l.v.u. on the ow~r's prop\?rty.
~
--
".
That"the property upon which this billboard is located is more
2.
particularly described as follows:
(LEGAL DESCRIPTION)
3. That the owners agree that this suspension of applicable
ordinances as referenced in paragraph 1 above is being done solely for the
purposes of an is limited exclusively to permitting the owners to install a
billboard at a location on the subject property (see attached). and further to
permit the subject billboard to be made in a location flush with the buildinv,
now located on the owner's property and to change the confifCUration of the
base upon which said billboard restR.
However, nothing herein shall be
construed to. permit the owners from chanP,"ing the dimensions of the billboard
sign itself, nOr shall it permit the billboard to be at a heig-ht !?,Teater than it
is in its current location.
4. That Eap,-Ie Outdoor Advertising- or its successors and assig-ns,
do hereby agree to pay the City the Sum of Forty Five Thousand ($45,000.00)
Dollars, to be paid in equal installments annuallv upon the anniversary date
of this agreem(mt for purposes of jWl\utification projects that shall he solely
under the discretion "nd CO'ltrol of the Citv. The City ag-rees. that it shall
endeavor to make an "xDenditurp of tllese funos to projects Or heautification
in the area which is g'''I1"rallv in thp vicinitv of thp suhiect nrooerty owned
by the owners, being in the Germantown, 1-95 and
5.
The owners ag-ree
C-.>.,., s.f...v~i-. '^ .1- ,'ie->
reconstruction, the
that all costs
U/b.<<Jl
costs of all landscaping, the costs of all
S.W. 10th Street corridor.
L;; ""bJ+(
of the movement of the
billboard, its
permits, and the obtaining of all necessary approvals from the Florida Depart-
,;,
ment of Tl-Snsportation, the City of Delrav Beach, or other applicable
governmental agencies, shall be done solely at the expenSe and under the
obligation of the owners. That the owners agree to use due dilig-ence in the
obtaining of all necessary permits and approvals.
6. That the owners ag-ree to totally remove the billboard and its
base, and return the site to a condition acceptable to the City, all at their
sole obligation and expense on or before September I, 1999.
Should the
owners fail to do so, they shall be subject to actions for violations of this
agreement, as well as for violations of all applicable laws, regulations and
ordinances.
7. That this agreement shall be subject to the receipt of approval
from the Florida Department of Transportation for all necessary permitting.
8. That time is of the essence in this agreement.
2
~
That thp prpvailinj;" partv, in anv actions taken to enforce the
provisions of this aEfrepment or for violations of this al1:I'eement, including- any
appeals, shall be entitlpd to receive reasonable attorneys' fees and all costs
attendant thereto.
10. That this af'repment shall he recordpd in the Publio Records of
Palm Reach Count-,', Florida. as n oovenan.t running- with the land and
applicable to thp ~ll~~esso!'s, l11?irs an(} flssi~ns of the subject propert~T
referred to in !larar;rHoh ? :lhn'.T(~, with such TPcordi:H"; to b~ at the sole
expense and nhlig-ntion ooC th~ n...:Tle:rs.
11. That this ng-reemen t ma:.' not he modifipd bv any of the partips
except upon written amendm(mt hereto, ""eouted b'l all parties.
IN WITNESS WHEREOF, the parties hereto have entered into this
agreempnt on the date set forth above,
~-
CITY OF DEL RAY BEACH, FLORIDA
Bv:
Doak S. Campbell, Mayor
ATTEST:
City Clerk
Approved as to from:
Herbert W. A. Thiele, Esq.
City Attorney
3
AMENDMENT NO.1
TO AGREEMENT BETWEEN CITY OF DELRAY BEACF AND
EAGLE OUTDOOR ADVERTISING/PARK TEN BUSINESS PARK
DATED AUGUST 23, 1989
THIS A~IENDlVlENT NO. 1 is entered into on thi~ the
day of
1989, by and between the CITY OF DELRA Y BEACH,
FLOR IDA, hereinafter referred to as "City", and the folJowinv partieR, both
jointly and severallv, EAGLE OUTDOOR ADVERTISING 2nd PARK TEN
BUSTNERS PARK, hereinflfter referrf'd to r.s the "Ownerr".
WPEREA S, the p8rties hereto have entered into en AJ!l'eement dated
August 23, 1989 that provides for the sURpension of the effectivf'ness of
certain ordinances of the City and the relos;ation{\of I! billboard locatl'd on rea]
S 1.......1:1 ,,,y,,-...k- !:;"":/t{ """,/) c--.~~,_
propf'rty describeqin said Agreement. &-f f/'-<J
WIi,EREAS,' due to unforeseen circumstances, the Owners have
requested that the effective date of this Agreement be postponed until
.Tanuary I, 1990 to allow sufficient time to effect the necessary acts and
requirements set forth in the August 23, 1989 Agreement.
NOli!, Tf-lEREFORE, for and in consideration of thf' mutual covenants
and promises set forth hl'rein, the parties hereto agree as follows:
1'! I T N E SSE T H:
1. That the parties hereto do hereby agree to amend the Agrel'-
ment of August 23, 1989 to make the effective date of said Agreement to be
January 1, 1990.
2. That the payments required. b:' Eagle Outdoor Advertising or
its successors and assigns shall be made in January of 1990 and each
Page 1 of 4
successive anniversary year thereafter until the full sum of Forty-five
Thous/lnd Dollars ($45.000.00) has been pRic.
,
3. That the timE' for compliance for removal of the billboard set
forth in paraf"reph 6 of the Av.reement of A up.:ust 23, 1989 shall bE'
December 31, 1999.
4. That all other terms, conditions eneJ rE'quirements set forth in
the AUf!ust 23, 1989 Agreement ere hereby ratifieeJ and confirmed and ArE'
otherwise nnadjusted by this Amendment No. 1.
m WITNESS WHEREOF, the parties hereto hAW' entered into this
Amendment No. 1 to Agreement on the date set forth above.
CITY OF DEI,RA Y BEACP, FLORIDA
By:
Doak S. Campbell, III, Mayor
ATTEST: ~
City Clerk
Approved as to form:
Perbert W. A. Thiele, Esq.
City Attorney
Paf'e 2 of 4
tITY DF DElRAY'BEA~;
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CITY ATTORNEY'S OFFICE
310 S.E. 1 Sl STREET. SUITE 4 DELRA Y BEACH. FLORIDA 33483
407/243.7090 TELECOPIER 407/2784755
December 1, 1989
Robert Ch,~pin, Esquire
Chapin & Armstrong
1201 Northeast 8th Street
Delray Beach, FL 13483
Subject: Ack!lowledgerncnt_ or Eeceip-c c.'.::- Proposed Ag.reement from
Ackerly Communications of Florida, Inc,
Dear Bob:
This will acknowledge receipt on Wednesday, November 29, 1989
of a proposed agreement submitted on behalf of your client,
Ackerly Communications of Florida, Inc.
Since this is', a matter which will require further direction
from the City'Commission and is a pOlicy consideration for the
City C~sion, it is our plan to place this matter on the
City Commission's agenda for direction to the City Administra-
tion and Ci ty Attorney's Office at their regular Ci ty
Commission meeting of December 12, 1989.
In the interim, if you have any further infonnation which would
assist the City Cnmmi"'''';on in reviewing this proposa1.., please
contact the City Attorney's Office.
Sincerely,
OFFICE OF THE CITY ATTORNEY
CITY OF DELRAY BEACH, FLORIDA
By:
~~~t2~(
Herbert W.A. Thiele, Esq.
City Attorney
~..- --:-~~::E:
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HT:cp
At.tachment
cc: City Commission
Malcolm T, Bird, Interim City Manager
AGREEMENT
This Agreement made this
day of
1989, by and between the CITY OF DELRAY BEACH, FLORIDA,
hereinafter referred to as the "City", and ACKERLEY
COMMUNICATIONS OF FLORIDA, INC. hereinafter referred to as ~he
1I0wner" .
For and in consideration of the mutual covenants and
promises set forth herein, the parties hereto agree as follows:
WIT N E SSE T H
=:::----1. . .The City does hereby suspend the effectiveness of
---:::. .
its Code of Ordinances sections 162.035 (G) (3) and 162.035
(F) (3) (a) in order to permit the existing billboard sign allowed
under state Permit Numbers 846 (North Face) and 835 (South Face)
and County Permit Number B-94457 to be relocated.
2. (a) That the property upon which this billboard
is located is owned by Park Ten Business Park in the Germantown,
1-95 and S.W. 10th Street corridor and is more particularly
described as follows:
A portion of Section 20, Township 46
South, Range 43 East, Palm Beach
County, Florida; being a replat of a
portion of Lot 22 of a subdivision of
said Section 20, recorded in Plat
Book 1, Page 4 of Palm Beach County
Public records and a replat of Lots 1
through 6, inclusive, Block A of
Sunny Acres Subdivision recorded in
Plat Book 21, Page 63 of Palm Beach
County Public Records.
(b) That the Owner may relocate the billboard on
property owned by Sommers & Messner Properties, a Florida
corporation, with its principal offices in Delray Beach, Florida,
said property being approximately 500' south of the existing
location of the billboard and is more particularly described as
follows:
That part of the North Half (N.l/2) of the
West Half (\,.1/2) of Lot 23, subdivision of
Section 20, Township 46 South, Range 43 East,
as recorded in Plat Book 1, Page 4 of the
Public Records of Palm Beach County, Florida,
less the right of way for Interstate Road 95
and less the canal relocation right of way as
described in Official Record Book 1872, Page
255. of the Public Records of Palm Beach
County, Florida, described as follows:
, ~,
~ Co~ence at the Northeast corner of said
---"':"North Half (N.1/2) .of the West Half (W.1/2)
of Lot 23; thence N. 90 00' 00" W., along the
North line of said North Half (N.1/2) of the
West Half (W.1/2) of Lot 23, 407.96 feet to
the East line of the said canal relocation
right of way as described in Official Record
Book 1872, Page 255 and the point of
beginning; thence S. 10 18'25"E. along said
East line, 25.41 feet to a line 25.00 feet
south of and parallel with the said North
line of the North Half (N.1/2) of the West
Half (W.1/2) of Lot 23; thence N. 90 00'00"
E., along said parallel line, 76.23 feet to a
line 75.00 feet East of and parallel with the
said East line of the canal relocation right
of way; thence N. 10 18'25"W., along said
parallel line, 25.41 feet to the said North
line of the North Half (N.l/2) of the West
Half (W.1/2) of Lot 23; thence N. 90 00'00"
W., along said North line, 76.23 feet to the
said Point of Beginning.
or the owner may relocate the billboard to a different new
location adjacent to 1-95 Which is agreeable to both parties.
2
.
3. That the owner agrees that this suspension of
applicable ordinances as referenced in paragraph 1 above is being
done solely for the purposes of and is limited exclusively to
permitting the owner to install a billboard at a location near
its existing location, and further to allow owner to change the
configuration of the base upon which said billboard rests.
However, nothing herein shall be construed to permit the owners
from changing the dimensions of the billboard sign itself, nor
shall it permit the billboard to be at a height greater than it
is in its current location.
4.;That Owner or its successors and assigns, do hereby
agree to paytne City the sum of Forty-five Thousand ($45,000.00)
------
--. .
Dollars,::::::to be. paid in equal installments of $4,500 annually
beginning
for purposes of beautification
projects that shall be solely under the discretion and control of
the City. The City agrees that it shall endeavor to make an
expenditure of these funds to projects or beautification in the
area which is generally in the vicinity of the billboard as
relocated.
5. The owner agrees that all costs of the movement of
the billboard, its reconstruction, the costs of all landscaping,
the costs of all permits, and the obtaining of all necessary
approvals from the Florida Department of Transportation, the City
3
1
.
f
of Delray Beach, or other app1icab1e governmenta1 agencies, shall
be done solely at the expense and under the ob1igation of the
owner. That the owner agrees to use due diligence in the
obtaining of all necessary permits and approvals.
6. That the owner agrees to tota11y remove the
billboard and its base, and return the site to a condition
acceptable to the City, all at their sole obligation and expense
on or before January 20, 2000 if requested to do so in writing
by the City on or before November 20, 1999. Should the owner
fail to comply with such a request, they shall be subject to
actions for violations of this agreement, as well as for
viola~ions of all applicab1e laws, regu1ations and ordinances.
~~
of app~l i~6m the Florida Department of Transportation for all
7.,That this agreement sha11 be subject to the receipt
necessary permitting.
8. That time is of the essence in this agreement.
9. That the prevai1ing party, in any actions taken to
enforce the provisions of this agreement or for vio1ations of
this agreement, including any appea1s,shal1 be entit1ed to
receive reasonable attorneys' fees and a11 costs attendant
thereto.
10. That this agreement sha11 be recorded in the
Pub1ic Records of Pa1m Beach County, Florida, as a covenant
running with the land and applicable to the successors, heirs and
4
~~~:~-~;~'~~"
assigns of the property referred to in paragraph 2 (b) above,
with such recording to be at the sole expense and obligation of
the owners.
11. That this agreement may not be modified by any of
the parties except upon written amendment hereto, executed by all
parties.
IN WITNESS WHEREOF, the parties hereto have entered
into this agreement on the date set forth above.
CITY OF DELRAY BEACH, FLORIDA
By:
Doak S. Campbell, Mayor
ATTEST:
, ,
",
City Cl~
--::::::-
Approved as to form:
Herbert W. A. Thiele, Esq.
City Attorney
ACKERLEy COMMUNICATIONS OF
FLORIDA, INC.
By:
William M, Barkell, President
5
I
....
.
.,..-~> .
STATE OF FLORIDA
COUNTY OF
I hereby certify that on this date before me, an
officer duly authorized in the state and county named above to
take acknowledgements, personally appeared WILLIAM M. BARKELL,
known to me to be the person described in and who executed the
foregoing instrument as President and owner, respectively, of
ACKERLEY COMMUNICATIONS OF FLORIDA, INC., a corporation organized
under the laws of the State of Florida. He acknowledged before
me that he executed the foregoing instrument as such officer in
the name and on behalf of the corporation, and that he also
affixed thereto the official seal of the corporation.
SWORN TO AND SUBSCRIBED before me this
, 1989.
day of
Notary Public
(SEAL)
My Commission Expires:
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tJRB 6193?:; 1.~5.=-?
and
AGREEl';'ENT
This Ae:ree!1lent made this <>i'.:!~ay of 4J ;?~~.;-
bptwp"n the CITY OF DELRAY BEACH, FT,ORlDA. herpinaftpr
re!~rrf'n to
. 1989. by
as the II ('it:.' II , and thp followinp' nartips, both jc>intJv and spvprall", EAGT,E
OPTDOOR ADVl'PTI8ING and ?AFK TEN Bl'SINE8S PARK, hprpinafter
referrpr, to r!.f-' thp. "Owners".
For [l!1.() {Tl considATflticp of the fTlutual covenants and or0fTlisps Ret
fortl1 !ler"i,.,. ~l1e IJarti"s !1Prpto ap'rpe as follows:
\': I T ~: E S f. "E T P
1. That thp Cit" of Delrav Ppach dops herebv ag-reE' to suspend
the effpctivenpss of its Cc>de c>f Ordinances sections 162.035 (G) (3) and
162.035 (F)(3)(a) ir order to permit an existing billboard siJ2:n to be relocated
C>l"\ the owner's nropert::.
;-.
"7> That the propert:,' up!'n which this billboard is locP.ted iR morE'
particularlv descril:>ed as frollo.....s:
A portion of 8ecti0r. 20. Township 46 South, Ran~e
43 East, Palm Beech County. Flc>ridn; being- a replat
of a portion of f,ot 22 of a subdivision of said
Section 20, recorced in Plat Book 1, Pa!?:e 4 c>f Palm
Beech County Public Records and a replat of Lots 1
thrc>ugh 6, inclusive, Block A of Sunm' AcreR
Subdivision recorded in Plat Book Zl, Pag'p 63 of
Palm Reach County Public Records.
3.
That the owners a~ree that this sURpension of applieHt-lp
ordinaT'cE's aR rpferer.ceel in parag-raph 1 above is bein!!' done sc>lely for thp
purposes of and is Jimiteel exclusively to permitting' thp owners tc> install a
billboard at a location on thp subject propertv (M_ 1H hi n, nnd furthpr tc>
permit the subjpct billboard to be made in a In~atjnn flush with the t-uilding
now located nf'. t!1P owner's propprty and to changE' the eonfig-uratio!1 "f thp
.
vRE 6193 ,3 1660
base' upon which said billboard rests.
Powe"er, nothing herein shall be
crmstruE'd to permit the ownE'r~ from changinp: the dimensions of th~ billboard
sign itself, nor ~hall it nermit the billboard to bE' at a height g-reater than it
is in its currE'nt locl'tion.
4. That EAgle Outdoor AcvE'rtisin. or it~ ~llecessors ane essie;ns,
do hereby agree to pav the City the S11m of Fort" Five Thousand ($45,000.00)
Dollars, to be paid in ROUIl] instnllm"nts a"111.1[1I1:' upon thp :>nniversarv cate
of this agre"ment for pllrf'oses of hPRutificatiol1 projects that shell bE' solelv
under the discretion p.r." contl'0] of the eitv. ThE' Cit:' nr.:rees thAt it shan
endE'avnr tn make an PYpel1ctiture 0f these flll1 ds to proiects or hE'autification
in the arE'a which is fE'nerall', il1 the vicil1itv of the suhiect property owned
by the owners, being in the GprmantowT1, 1-95 and S.H'. 10th gtreet ccrridnl'.
5. Th~" owners agree that all costs0f thE' mnvpm"nt of thE'
. ,
billboard ,---its rec9~.structinf', the cnsts of all lan<'lscapin 11,', the costs of all
permits, and the obtaining 0f all T1ecessarv approvals frnm thE' Florida DE'part-
ment of Transportation, the City of Delra:' Beach, or other applicable
gnvernmental agencies, shall be done soleI:' at the "ypel'se and uT1der the
obligation of the owners. That the own"rs l\P'r"e to llse due dilig-ence in the
obtaining- of all nece~sar:r permits and p.opr(wals.
6. That the owners af"rE'e te. totallv rem0"e th" billboard ano itR
baRe, and return the Rite to a cOT1dition Ilcceptable to the Citv, all et th€'ir
sole obligation and exoenRe on or befor€' ~E'pte",bpr 1, 1. 999, Should the
owners fail to do so, thev shall be subject to actiN'S f0r violations of this
8.greement, as well as for violations of all IlPpliCllb]" ]AWS, reg-uJatiol1~ and
ordinances.
?
ORB 6193;3 1661
7. That this fiEn'eement shall be sub;ect to the receipt nf fipprovaJ
from the Florida Department of TraT>sportl'tion for fill necessary permitting'.
,
8. The.t time is l'r the pssenee ir. this al2'repment.
g. That the n~pvl'.i]ing' "arty, in er'Y acHor'S tfikpn to enforce thp
provisions of this avreel'1pnt or for yiolations of this ag'repl'1ent, inoludinp' an~'
appeals, shall be ertHIAd tf" J'pcpivp rPRf::('!lpblp 8ttornp~lsl feps ~nr all costs
attendant theret0.
10. That this "p'r"pment shell be rpcorcpd ;1' the Public Re,..nros of
PRIm Beach C('unt~r, Flo~i(~Et. [lR A COVPPftllt rnnnipP" with thp IflP(~ and
applicable to the snoc"ssors, heirs ano. assivns of the suhjpct prooertv
referred to ir. parag'raph 2 ?hovp, with such recording to be at the sole
expensp find obligation nf the owners.
11. That this ag-replT'"nt mny nnt b" modified by anv of the pllrties
";.":
except upnR. written Hmendment hereto, exeouted bv all parties.
I~; V.1ITNESS \A:PRREOF, the parties hprpto have entf?TPd into this
ag'reementon the cRte set forth fib0ye.
CITY OF DFT,PAY PEACH, nORmA
;',
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Doak S. Ce.mpbell. !\'ayor
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~:AT'JiEST~
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..Ity erk. .'
Approved fiS to from: .
~ -r- ~/'./J
'.. . ,:7~. -~
. erbert \. A. ThIel", ..sq.
r.ity Attorney
This instrument prepared by:
Herbert W.A. Thiele, Esq.
City Attorney
100 N.W. 1st Avenue
Delray Beach, FL 33444
3
ORE; 6193 2g 1662
F.AGT,R OUTDOOR ADVER'!'ISING
BY' ~O h..s2 A. ~/:f;L
State of Florida
Counter of Palm Beach
I ;.n:;~REB"Y ~~PTIr.y that or~ t'1i~ d!1tn Dp.for(l me, an officer dnlv
authorized in the. state and county nnmp.rl flhnvp to take ncknrw.'ledJ:!mf!nts.
personallv appeared
Edward A. Bolter
. known tn me to h~ the DPrsons
described in and who executed the forel7,oing- instrument as
President
and
owner
, respectivp.ly, of
Eagle Outdoor
Advertising
,
a corporation or,f")'anized under the laws o' the state of Florida.
, '. j ~
acknowle<ig:ed befoie me that they executed the foreg-oing instrument as such
--- . . # .
They
officers in the name and on behalf of the corporation, and that they also
affixed thereto the official seal of the corporation.
:TLA-I-J
SWORN TO AN SUBSCRIBED before me this
7~
day of
. 1989.
(SEAL)
Ic~~ l~ I~(--:"
Notary ublic
My Commission Expires:
, .
; ,
.'~ .
IwrAR' PdSLIC STArE' OF FLORIOA
MY CO""lSSION EXP. NAY It. 1"11
iOIOED TH'U GtIERAl I'S. UID.
4
ORB 6193 pg 1663
. .
State of
Florida
Palm Beach
PARK TEN BUSINESS PARK
R~ f?J_
County ~~
[ I,EP.ERY CERTIFY that on this datp before me, an off!",,!' dul"
t!.uthori7.ed in th~ ~tHtP. and count~.t named above to take rtcknowlerlf"rn~nt~~,
Joseph Carosella k t t b t1
. . nown 0 me (l .p. 1P. I')prS(l"1~
!JprsonR.lly aPP"sred
described in and who executed thp foreg-oing instrument as General Partner
and
, respectively, of The Seneca Group, a Florida
13eneral ~ar~nershlp ,
under the laws of the state of Florida. Thev
a corporation org.anized
, J"
acknowledged be(H~~ me that they executed the fore~oing instrument as such
"-' ')!'.'
officers ii1-the ntllne and on behalf of the corporation. and that they also
affixed thereto the official seal of the corporation.
SWORN TO AN SUBSCRIBED before me this
~() .1989.
'7 Tic day of
(SEAL)
~ 4LL,--
Notary Public
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My Commission Expires:
JOTARY PUBLIC SlATE OF FLORIDA
MY COIUIISSIOI EXP. MAY 10, 199)
BllIOED IHRU GEIER"- liS. ulO.
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RECORD VERIFIED
PALM BEACH COUNTY. FLA
JOHN B, DUNKLE
CLERK CIRCUIT COURT
5
RATIFICATION OF SOUTH CENTRAL REGIONAL
WASTEWATER TREATMENT AND DISPOSAL BOARD
ACTION OF NOVEMBER 9, 1989
WHEREAS, the South Central Regional Wastewater Treatment
and Disposal Board did on November 9, 1989, by a vote of 8-0,
approve the amended Operating Budget for the Fiscal Year
1989 -1990 in the amount of $3,249,480.00, attached hereto as
Exhibit "A", pursuant to the Interlocal Agreement between the
City of Boynton Beach and the City of Delray Beach; and,
WHEREAS, said approval authorizes a new Table of
Organization; and
WHEREAS, Said Board action requires ratification by the
City of Boynton Beach and the City of Delray Beach;
NOW, THEREFORE, the City of Boynton Beach, Florida, and the
City of Delray Beach, Florida, hereby ratify said Board action
independently.
The above action is hereby ratified in open session by the
Ci ty of Boynton Beach this /9 day of -;2)E/?.6?7S€r<?
, 1989,
by a
~-o
vote.
Mayor
At est:J$/Jf'/Y./~ ~/~/ ~
~ City Clerk
~'7~~
<~ -'i HOd)
(SEAL)
APsr~ as
t~~o : _
\~. ' '~/., ~
o ~ ~"jer
- ~
City Attorney
~~~
1
The above action is hereby ratified in open session by the
City of Delray Beach this day of , 1989, by
a vote.
Witnesses:
CITY OF DELRAY BEACH
By:
Mayor
Attest:
City Clerk
Approved as to form:
City Manager
City Attorney
(SEAL)
Page 1
SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT & DISPOSAL BOARD
AMENDED BUDGET 1989/90
DESCRIPTION
1988-89
BUDGET
SUMMARY TOTALS
PERSONAL SERVICES 1,039,450
OPERATING EXPENSES: 1,411,100
SERVICE CONTRACTS
MAINTENANCE ACCOUNTS
COMMODITIES, SUPPLIES,
AND CHEMICALS
2,450,550
1989-90
BUDGET
1,164,800
2,084,680
3,249,480
DOLLAR
VARIANCE
125,350
673,580
798,930
H
SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT & DISPOSAL BOARD
Page 2
ACCT.
NO. DESCRIPTION
120 REGULAR WAGES
140 OVER1'IME
150 CHRISTMAS BONUSES
151 SICK LEAVE BONUS
152 PAYROLL CONTINGENCY
210 SOCIAL SECURITY
CONTRIBUTIONS
221 PENSION (SUN BANK)
222 I.C.M.A. RETIREMENT
230 BC/BS HEALTH INSURANCE
231 DENTAL INSURANCE
232 DISABILITY INSURANCE
233 LIFE INSURANCE
236 ORGAN TRANSPLANT INS
240 WORKER'S COMPENSATION
250 UNEMPLOYMENT
270 EMPLOYEE ASSIST. PROG.
TOTAL PERSONAL
SERVICES:
1988-89
BUDGET
800,000
25,000
1,550
5,000
2,000
60,800
65,000
30,000
5,000
9,000
3,500
18,000
14,000
600
1,039,450
1989-90
BUDGET
868,000
25,000
1,550
5,000
2,000
70,800
65,000
o
5,200
55,000
6,000
10,000
2,500
o
1,000
23,000
24,000
750
1,164,800
DOLLAR
VARIANCE
68,000
o
o
o
o
10,000
o
5,200
25,000
1,000
1,000
(1,000)
1,000
5,000
10,000
150
125,350
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SOUTH CENTRAL REGIONAL WASTEWAT~R TREATMENT & DISPOSAL BOARD
ACCT. 1988-89 1989-90 DOLLAR
NO. DESCRIPTION BUDGET BUDGET VARIANCE
310 MEDICAL SERVICES 1,000 2,000 1,000
320 ACCOUNTING/AUDITING 15,000 16,000 1,000
321 LEGAL (ADMINISTRATION) 12,000 18,000 6,000
321.1 TOXICITY LEGAL FEES 20,000 20,000
338 PRETREATMENT PROGRAM 15,000 20,00'0 5,000
339 TOXICITY TESTING 20,000 25,000 5,000
340 SLUDGE HAULING 450,000 550,000 100,000
341 SLUDGE, LIQUID, 3,000 3,500 500
CHEMICAL ANALYSIS
SERVICE CONTRACTS
342 IBM COMPUTER 3,000 4,000 1,000
343 MINOLTA COPIER 2,000 2,500 500
344 FLORIDA SERVICE - 6,300 6,300 0
METER CALIBRATION
345 GRIT HAULING 15,000 16,000 1,000
346 SERVICE CONTINGENCY 2,400 3,500 1,100
390 CONTRACT \'/ORK 20,000 25,000 5,000
NOT SPECIFIED
400 TECHNICAL SESSIONS AND 6,600 7,000 400
TRAINING
401 AUTOMOTIVE EXPENSES 9,500 8,500 (1,000 )
410 TELEPHONE EXPENSE 7,500 9,000 1,500
440 EQUI PMENT RENTAL 2,000 2,000 0
450 INSURANCE EXPENSE 55,000 40,000 (15,000)
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SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT & DISPOSAL BOARD
Page 4
ACCT.
NO. DESCRIPTION
1988-89
BUDGET
MAINTENANCE ACCOUNTS
460 BUILDINGS
5,000
461 EQUIPMENT
25,000
462 TRUCKS, LAWNMOWER,
TRACTOR, ETC.
463 GROUNDS UPKEEP/MAINT.
7,500
5,000
464 REPAIR CONTINGENCY
(DEFICIENCIES)
490 ADVERTISING
25,000
4,000
491 LICENSES, PERMITS
2,500
COMMODITIES, SUPPLIES & CHEMICALS
510 OFFICE SUPPLIES/ 6,500
CONSUMABLES
515 SAFETY SUPPLIES * NEW LINE ITEM
520 UNIFORM EXPENSES 5,000
521 BOARD CONTINGENCY 1,000
522 * CHEMICALS 186,500
* CHEMICAL RECAP:
522.1 POLYMER
55,000
55,000
522.2 LIME
522.3 CHLORINE
INCLUDES PRETREATMENT
60,000
522,.5 CHEMICAL CONTINGENCY
523 GENERAL OP. SUPPLIES
16,500
15,000
1989-90
BUDGET
5,000
25,ODO
5,000
5,000
25,000
1,500
2,500
7,500
15,000
5,000
1,200
221,500
50,000
50,000
109,500
12,000
12,000
DOLLAR
VARIANCE
o
o
(2,500)
o
o
(2,500)
o
1,000
15,000
o
200
35,000
(5,000 )
(5,000 )
49,500
(4,500 )
(3,000)
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SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT & DISPOSAL BOARD
ACCT. 1988-89 1989-90 DOLLAR
NO. DESCRIPTION BUDGET BUDGET VARIANCE
524 JANITORIAL SUPPLIES 6,000 5,000 (1,000 )
525 LABORATORY SUPPLIES 10,000 15,000 5,000
526 OIL, LUBRICANTS, 5,000 2,500 (2,500 )
GREASE, GAS (OPERATIONS)
527 CONSTRUCTION MATERIALS 2,000 2,000 0
528 SMALL 'l'OOLS, EQUIPMENT 2,500 5,000 2,500
529 OFFICE EQUIP.(<$500) 2,500 2,500 0
531 ELECTRICITY 435,000 553,680 118,680
532 WATER CONSUMPTION 7,500 6,500 (1,000)
533 GARBAGE COLLECTION 1,500 1,000 (500)
540 MEMBERSHIP, DUES, 1,800 2,000 200
SUBSCRIPTIONS
541 EDUCATIONAL EXPENSES 4,000 5,000 1,000
SUB TOTAL 1,411,100 1,709,680 298,580
ENGINEERING CONTINGENCY 100,000 100,000
.1 BIO'l'OXICITY ENGINEERING 250,000 250,000
.2 PRETREATMENT PROGRAM ENGR 25,000 25,000
TU'J.AL
2,084,680
398,580
'*
."
RATIFICATION OF SOUTH CENTRAL REGIONAL
WASTEWATER TREATMEN~ AND DISPOSAL BOARD
ACTION OF ~OVEMBER 9, 1989
,
WHEREAS, the South Central Regional Wastewater Treatment and
Disposal Board has approved its amended Operating Budget for
Fiscal Year 1989-1990; and,
WHEREAS, the South Central Regional Wastewater Treatment and
Disposal Board's source revenue to meet such budget is based upon
the wholesale sewage user charge assessed the City of Boynton
Beach and the City of Delray Beach on a volume of flow basis; and
WHEREAS, the Board deems it necessary to increase the
wholesale sewage user charge to $.7055 per thousand gallons for
the Fiscal Year commencing October 1, 1989, including $.5975
for Operation and Maintenance, $.013 for the purchase of the
Ocean Outfall, $.095 for the Sinking Fund, and did by a vote of
8-0 approve such an increase;, and,
WHEREAS, such action requires ratification by the City of
Boynton Beach and the City of Delray Beach;
NOW, THEREFORE, the City of Boynton Beach, Florida, and the
City of Delray Beach, Florida, hereby ratify said Board action
independently.
The above action is hereby ratified in open session by the
City of Boynton Beach the /~
~-O vote.
day of
, 1989, by a
<~ -;/(OVM'
Mayor
A eS~gt4-""/Y'/.0 ~-"~/
~~TY ty Clerk
/I
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(SEAL)
Approved as to form:
C;~ ~QOA)--
~ City Manager .
~~~~
ity Attorney
The above action is hereby ratified in open session by the
City of Delray Beach the
day of
, 1989.
Witnesses:
CITY OF DELRAY BEACH
By:
Mayor
Attest:
City Clerk
(SEAL)
Approved as to form:
City Manager
City Attorney
M E M 0 RAN DUM
TO: Robert A. Barcinski
Asst. City Manager/Community Services
FROM: William H. Greenwood ../
Director of Public Utilities
SUBJ: DOCUMENTATION - CITY COMMISSION MEETING - DECEMBER 27,
1989 - FLORIDA DEPARTMENT OF ENVIRONMENTAL REGULATION _
REVOLVING LOAN APPLICATION
DATE: December 20, 1989
1.0 ITEM BEFORE CITY COMMISSION
Request City Commission to authorize submitting an application to
the Florida Department of Environmental Regulation for the
Revolving Loan Program. Application is for the construction of
the SCRWTDB Odor Abatement, Electrical Renovations and Effluent
Pump Station with an estimated construction cost of $11,018,000.
This program is for a low interest loan, which would be
equivalent to a twenty-five (25) percent grant.
2.0 BACKGROUND
A deadline to submit an application for the Revolving Loan
Program is December 31, 1989, for the planning requirement.
March 15, 1990 is the deadline for submission of all required
documentation for funding which would require a 201 Comprehensive
Plan Revision.
City of Boynton Beach approved submission of the application on
December 19, 1989.
The application will be evaluated by DER to establish a priority
listing for all projects submitted. Municipalities which are in
violation of their operating permits will receive more points
with a corresponding higher ranking. The SCRWTDB is not in
violation of any of their operating permits, therefore, they will
be ranked lower than other applicants. Program also has a
provision for payment of approved prior incurred costs.
3.0 RECOMMENDATION
Staff recommends City Commission approve submitting an applica-
tion for the planning portion of the Revolving Loan Program.
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112-19-69 ZIJ6PM;
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4e7 276 4755;~14
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LANGUAGE TO BE INSERTED IN THB L K OF CREDI~
IN FAVOR OF 'l'HE CITY or DB RAY 8EACH
Purauant to, that certain Lioen
between the City, as Lieensor, In~ oelra
O.ted November 3, 1989 (the ~Licen.. A;r
Oeltey Beach (.Clty~) may Oraw upon this
submission of an Affidavit executed by t
Assistant City Kanaqer of the City steti
e Agreement by and
Golf, I' Licensee,
ement~), the City of
letter of credit upon
e City Man.ger or
g tbat:
A, One of the following event h..,.occurnd:
1.. Delray Golt, Inc. (-D lray GOlf~) has fel1eO
to pay B fe. dU9under Articl. 7.01 of t 0 License Agreement;
2. Delre, Golf has fllle
any long term successive pley Or pickage
repay any money collected un4er the term
arrangement which money, in either event
petio41 aft.~ the termination of the Lie
3,.. Delta)' Golf has un.
with the maintenance, repair or reme~ial
requ1r~ 11'1 Exhibit wS~ to the Licen.. A
......... ,.".
4~ Delrar Golf hi' tal1e
with the timely completion of the capita
..t fo~th in Exhibit ~D~ to the Llcen..
5. Del~.y Go1fha. feile
termination provisions of Article 6.01 0
Ai reemen t; "I'I~
B. In each instance ..t forth IbOve the Aff141vit
shall 1n~1ceto that:
to honor the terms
fee .rrang_ments Ot
ot Iny such
11 Ipplicable to
nse Agreement; or
of
to
to materially oomply
me.sures .che4ulea a,
reement; or
to materillly comply
improvement projects
gr..ment; or
to comply With the
tile Licon..
, 1. The City ha. given no ice to Delray Golf .n~
an opportunity to cure such oefault ae m )' be required under
the Licenae Air.gment, and that Oeltlr G If ha. failed to cure
SUCh default within the time period 0110 e4 for cure in
accordance with the Licenle Agr.ement; I 4
2. The Affid,vit .hall a
City hae notif1ea D.~r'r Oo~t in w~1ting
days prior to submitting this Letter of
its intention to submit the Lett.~ ot Cr
,hall .pecify the .um of the payment req
so in~icate that the
(at least ~ift.en (15)
redit fQt payment) of
dit fo~ paym.nt, end
e'tea.
./
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C!7Y ~TTORNEY'S OFFICE
,
r S'ENT llY' 5HRP I RCI BREGMAN
TEL ~Io. 407278/755 Dee 21,89 17:11 F,Ci::,.
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;1Z-1~-e9 2'39PM; 4 7G557e5e~ 407 27e 4755;~15
In the event thlt O&lrlY Golf, 1 tar receiving Iny
such notice. notifies NeNB Bank that it d sputa. the ri;ht of
the City to collect hereunder. NONB Sank hell nevertheless
cash the Letter of Credit for the sum ape ified, but the
proceeds thereof shall be paid into an Ie ount cr.ated at NeNB
Bank in the joint namee of the City and D 1ray Golf. The
account shall be an interest bear!n; aeeo nt and shall provide
that the funds can be drawn therefrom onl upon the joint
siqnatures of the City and Oelray Golf.
Upon resolution of the out'tandi
parties, the funds shall be disbursed in
agreement of the parties or the resolutio
reSOlving such disput., and interest will
to the parties in accordance with the p.
account. The lo~ing party in Iny such 4i
reasonable legal fees ot the prevl111n; p
o dilputa between the
coordance with the
of any Court
be pro-rated anC plid
ent of funds from the
pute shall bear the
rtf.
In the event that the License A; ..ment has not
terminated at the conclusion of any such ispute, any fund.
remainin9 in the 'forelai~ account shall e repaid to DelrlY
Golf upon O,lray Golf Prov1din9 a new Letter of Credit in form
identical to this letter ot cred1t and 1 the amount of the
remainin9 balance in the account, Ie.. t e remaining interast
thereon.
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[ITY OF DElAAY HEA[N
100 N,W. 1st AVENUE
DELRAY BEACH. FLDRIDA 33444
407/243.7000
MEMORANDUM
TO: Mayor and Commission
FROM: Il Malcolm Bird, Interim
City Manager
SUBJECT: ADDITIONAL SPECIAL MEETING AGENDA ITEMS
DATE: December 26, 1989
1. The background material for Item No.9 is attached.
2, An additional item,
direction in determining
establish specific hours
waived.
No, 11, is added which requests Commission
whether or not it may be appropriate to
within which the noise ordinance may be
The Atlantic Plaza Merchant's Association is requesting permission to
allow live entertainment in the patio of Atlantic Plaza between the
hours of 7 p.m. and 2 a.m., December 31st! January 1st (New Year'S).
Previously we have approved requests for waiver of the noise ordinance
up to 11 p.m. As this request exceeds the time frame within which
waivers are normally granted, Commission determination is requested.
MTB:cl
THE EFFORT ALWAYS MATTERS
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M E M 0 RAN DUM
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TO:
Robert A. Barcinski
Asst. City Manager/Community Services
William H. Greenwood ~~'l-12co1€Fi'
Director of Public Utilities
FROM:
SUBJ:
DOCUMENTATION - CITY COMMISSION MEETING - DECEMBER 27,
1989 - FLORIDA DEPARTMENT OF ENVIRONMENTAL REGULATION _
REVOLVING LOAN APPLICATION
DATE:
December 20, 1989
1.0
ITEM BEFORE CITY COMMISSION
Request City Commission to authorize submitting an application to
the Florida Department of Environmental Regulation for the
Revolving Loan Program. Application is for the construction of
the SCRWTDB Odor Abatement, Electrical Renovations and Effluent
Pump Station with an estimated construction cost of $11,018,000.
This program is for a low interest loan, which would be
equivalent to a twenty-five (25) percent grant.
2.0 BACKGROUND
A deadline to submit an application for the Revolving Loan
Program is December 31, 1989, for the planning requirement.
March 15, 1990 is the deadline for submission of all required
documentation for funding which would require a 201 Comprehensive
Plan Revision.
City of Boynton Beach approved submission of the application on
December 19, 1989.
The application will be evaluated by DER to establish a priority
listing for all projects submitted. Municipalities which are in
violation of their operating permits will receive more points
with a corresponding higher ranking. The SCRWTDB is not in
violation of any of their operating permits, therefore, they will
be ranked lower than other applicants. Program also has a
provision for payment of approved prior incurred costs.
3.0 RECOMMENDATION
Staff recommends City Commission approve submitting an applica-
tion for the planning portion of the Revolving Loan Program.
q
[ITY [If DElRAY BEA[H
100 N.W. 1st AVENUE ... DELRAY BEACH, FLORIDA 33444 '" 407/243.7000
December 26, 1989
Mr. Al Rushanan
Bureau of Local Government
Wastewater Financial Assistance
Florida Department of Environmental Regulation
2600 Blair Stone Road
Tallahassee, FL 32399-2400
RE: FDER REVOLVING LOAN PROGRAM
REQUEST FOR INCLUSION APPLICATION
Dear Mr. Rushanan:
Enclosed please find an application for the inclusion
South Central Regional Wastewater Treatment Disposal
improvements on the SRF priority list. This facility is
owned by the City of Delray Beach & Boynton Beach.
of the
Board
jointly
The improvements to the South Central Regional Wastewater Treat-
ment Disposal Board include odor control, electrical improvements
and upgrading the existing effluent pump station.
Should you have any questions or comments, please do not hesitate
to call.
Sincerely,
v~ -:f.9"AA I
William H. Greenwood
Director of Public Utilities
City of Delray Beach
John Guidry
Director of Public Utilities
City of Boynton Beach
Enclosure
cc: Ed Copeland, PBSJ - Tampa
Marc P. Walch, PBSJ - Orlando
TH[o Er'FORT ALWAYS MATTERS
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'win 'ltwl.:'r... ()(ljn: BhJJo(. . ..!hUO IlIour !<olllnc: Ku.uJ . .lall..I'"......c.:c.:. "'kJllw :o.1:W")""IKI
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Request for Inclusion on the Priority List
Project Number
(filled in ~ DER)
1. Applicant's Name and Address
City of Delray Beach
(local government agency)
100 W. 1st Avenue
(street)
Delray Beach, FL 33444
(city)
Contact Person
City of Boynton Beach
124 S.E. 15th Street
Boy ton Beach, FL33435
(county) (zip code)
William H. Greenwood Director Public Utilities (DeIray Beach)
Telephone
(407) 243-7000
2, Project Descriplion (Please Attach)
A project may include sS'Wers. pump stations, trealment plants, reuse facilities, sludge facilities, elc. Providespecilic inlormat
for au facilities. To be eligible for listing on the fundable part of the priority list, the project components must be specifically identif
in a completed facilities plan. If the lacilities planning has been completed for this project, note the title and date, and relerer
the pages (numbers) which identify the specific facilities.
3. Name and Address of Applicani's Consulting Engineer
Post. Bucklev. Schuh & J ernil<an. Inc.
(firm) .
800 N. Mal<nolia Avenue, Suite 600
(street)
Orlando
(cny)
Contact Person
.'
FL
(state)
32803
(zip code)
Marc P. Walch
Telephone
(407) 423-7275
( Cerftification by Responsible Local Government OHiciill
I cenifl' that this lorm and anachments have been completed by me or at my direclion and that the information presented her
is, to the best 01 my knowledge. accur'lle.
(signature)
(date)
.
(name, tl'ped)
(title)
Pl9f 1 o! (
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10, FlOw Data
Provide the EXISTING AVERAGE DAILY FLOW (as opposed to desil/n or projected IIow). based on any m~~:h. You may pro,
flow dala lor the calel/ory thai will I/enerate tha hll/hesl score 01 lor all applicable catel/ories and the Depal'lment will delerrr
which calel/ory. I/enerates the hil/hest score.
Proiect Caleoorv
Public Health Hazard Elimination (See Item 8)................,..,.......................................................................
Existing Averal
Dallv Flow (me
Compliance Projects (See Hem 9)
Toxics Conlrol.............. .................................................,............. .............. ................................... .............
Sludge Manal/ement....................... ......................,........ ...... ................... ......... .......................................
Reclaimed Waler................................. .............. ...................,..................... ........ .................... ....... ...........
Advanced Wastewatar Treatment.........,.. ........... ................................, ..,.... ........ ..............,........,...............
Other Facililies Required for Compliance.................................................;..............................:...............
Projects Nol Required for Compliance
Reclaimed Water.........................................,........,...................................................................................
Sludl/ e Reuse ........ ........... .............. .......... ..... .......... .......... .............. .......... ................. ........ ............ .........
. .
Other (Attach Description).... n........ ........ ........... .....'......... .................... ............................................... ...... ? A "n
Please anach an explanation 0: hON the Ilow data was established. For multiple facilities projects, relate specifiC facililies to the flow d,
11. Sur1ace Waler Improvement and Management (SWIM) Program
Will this project conlribute to the restoration or conservation of an Approved Top Priority WaterbOdy
identilied by a Waler Manal/ement Distflct?................................................................................................ _J,l No _ \
H yes, anach Waler Management DislriCI documentation (or identify relevant pages 01 the approved SWIM plan) and explain h
the prOject will contribute to the restoration or conservation.
.
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y..,.
,
.tn'" ............,'~,. ..."......'..'~~'::
1
,
,
Estimated Project Costs
for Odor Control
Aeration Basins and Effluent Pump Station
Expansion (a)
Odor Control
Aeration Basin Modifications
Diffussd Aeration System
Centrifugal Blowers and Blowsr/Generator Building
Miscellaneous
Subtotal
Odor Control Equipment
Basin Covers
Wet Scrubbsrs and Chemical Storage
Carbon Adsorption
Subtotal
Subtotal Odor Control/Aeration Basin Modifications
Pumo Station
Effleunt Pumps, Pump Station and Associated Equlpmsnt
Elsctricallmorovsments
460 V Service, Transformers, Gsnerators, MCCs
Conduit, Wiring
Contingencies
Subtotal Estimated Construction Costs
Technic!!1 and Other Services
Bonding
Total Estimated Project Costs (b)
(a) Estimated costs provided by City of Delray Beach.
(b) All total estimated project costs sxcept administration.
$1,320,000
$1,218,000
$800,000
$3,338,000
$1,452,000
$980,000
$490.000
$2,922,000
$6,260,000
$2,165,000
$1 ,593,000
$1,000.000
$11,018,000
$1,270,000
$2,200,000
$14,488,000
CITY OF DELRAY BEACHI CITY OF BOYNTON BEACH
REQUEST FOR INCLUSION ON THE PRIORITY LIST
The project for which inclusion on the Priority list is requested
consists of three areas of improvement to the facility serving
the cities of Boynton Beach and Oelray Beach. The improvements
are as follows:
Odor Control- to provide the necessary odor control for the
facility, aeration basin modifications and odor control
equipment is required. The aeration basin modifications
include the installation of fine bubble diffusers; centrifugal
blowers with the requisite building and generator and
miscellaneous appurtenances. The odor control equipment
required includes basin covers, a wet scrubber system with
chemical storage and a carbon adsorption system.
Effluent Pump station- to increase effluent disposal to match
the plant flows; an upgrade of the effluent disposal pump
station is recommended. This upgrade will take the existing
station from its current 17.5 mgd to 24 mgd.
Electrical Improvements- provisions are to be made to operate
the plant at 460 V. This includes transformers, generators,
MCCs, conduit and wiring.
A 201 facilities plan for this area was completed in 1979. Prior
to funding, an update of the plan will be submitted to include
these necessary improvements.
[B
~eAlrOIl<tl
Gimelstob_"Better
Really inc. IlllfltH2n!..~~@
CONTRACT FOR SALE AND PURCHASE
PARTIES:
City of DeITay ReA~h
lno Nnrt'htJp.Qt 14'il'"Qf- A<Up.nl1p.. np.1rJ:lY RQtlt"'hr FT.11U~(*>ne
q.,.O'U'Cl r.'1r-f,.
, ("Seller"),
),
, ("Buyer"),
ot
"d
of (Phone ),
hereby agree thallhe Seller shall sell and Buyer shall buy the following real property ("Real Property'" and personal property ("Personalty") (collectively "Property")
upon the fOllowing terms and conditions which INCLUOE the Standards for Real Estate Transactlona printed on the reverse or attached ("Standard(s)") and any addenda.
I DESCRIPTION: fa) Legal description 01 Real Property located In Palm Bea.ch Co~nty. Florida:
_--kQts I and II. Block D John R. R~irl'R ~:1~:~~
-- (PH 21 p,qgP qC; PJ:l1m R&iJ:lt'h r.nl1nry 'Pn'h'__ ____'"..=11:1:
(b) Street address, city, zip, 01 the Property is: SF. l"orn~r of Vpnp~i.R1 ..Rnn Mir,qm,qr ~trp.p.tR. np.1r,qy Rp,ql"h
(C) Personalty:
"
PURCHASE PRICE F.o,ur., hund.red. ,s.e~en ty,.,.fiv:e.. .thous.and, ,do.11at:s."""."", $
PAYMENT: Upon acceptance of contract
(a) Inilial deposilto be held in escrow by In the amounl 01 , , , , , $
(b) Additional depos~T~4~_ days aller acceptance to be deposited in escrow $
(e) SUbjectto~~ortgageingoOdstandinginfavorol LendinG': Institution $
having an approximate present principal balance of , , , , , , , , $
(d) Purchase money mortgage and note bearing annual Interest at % on terms sel forth herein, In amount 01 $
(e) New mortgage _ $
(I) Other: $
(g) Balance 10 close (U,S. cash, LOCALI. Y DRAWN certified or cashier's cheCk), subject to adjustments and proraUons $
III TIME FOR Al;GEPTANCE: EFFECTIVE DATE: II this offer Is not executed by and delivered to III Parties OR FACT OF exeCUTION communicated In writing belween
the parties on or belore npC':p.mhpr ~O t 1 qRQ . ,thedepollt(S) will It Buyer's option, be returned to Buyer and tha offer
withdrawn. The date of Contract ("Effective Date") will be the date w.hen the last one oIBuyer.an~ Seller has Signed this offer,
IV, FI NANC1NG: (a) If the purchase price or any part ollt Is to be financed by .thlrd party loan, this Contract Is conditioned on the Buyeroblalnlng a wrillen commitment for
the loan within --45..- days Irom Ellective Date, at an initial fnteres,1 rate not to ~xceed '10%. %; term of at leasl-..lO....- years: and In the principal amount
of at least $ 3An J nnn .Buyer will make application within 7 dlYI from EffectlVli Olte. Ind ule reasonable diligence to obtain the loan Commitment and,
thereafter, to meet the terms and conditions of the commltmenl and to CIOl8lheldln"Buyer ~~.II pay all lOIn expenS8l, If Buyerfalll to obtain the loan commitment and
promptly notifies Seller in writing. or after diligenl elfort lails to meel the terms and condltlonl oft~. commitment or to waive Buyer's rights underthis subparagraph within
the time stated for obtaining the commitment, then either party may clncel the Contract In~ ~u~.r Ihali be refunded the deposlt(s),
(b) The existing mortgage described in Paragraph II (b) above ha. (CHECK (1) OR (2)): (1)CI a variable fnterest rate OR (2)X:J a fixed interest rate of
-- % per annum. At time of title transfer some fixed interest rates are subject to increase. If Increased, the rale Ihall not exceed % per annum,
Seller shall, within days from Effective Date, furnish a statement from all mortgagee. stating prinCipal balances, method of payment, interest rate and
status of mortgages. II Buyer has agree'd to assume a mortgage which r.qulres approval of Buyer by the mortgagee for ~8Sumplion, then Buyer shall promptly obtain all
required applications and will diligently complete and return them to the mortgagee, Any mor1gagee chargees) not to exceed $
shall be paid by (iI not filled in, equally divided,) If the Buyer Is not accepted by mortgagee or the requirements for assumption are not in accordance with
the terms olthe Contract or mortgagee makes a chenge In excess of the stated amount, Seller or Buyer may rescind this Contract by prompt written noUce to the other party
unless either elects 10 pay an increase in Interest rate or excess mortgagee charges.
V T!TLE EVIDENCE: At least ----2..0.. days before Closing date. Seller .hall, at Seller'. 'exPtn.e, deliver to Buyer or Buyer's attorney, In accordance with Standard A.
A. IN BROWARD, DADE, MARTIN AND OTHER LIKE STATUTE COUNTIES: ABSTRACT OF TITI.E
B. IN PALM BEACH COUNTY: TITL~ I~SURANCE COMMITMENT AND OWNERS TITLE Ifj!lUrcNCE P~'CY h 1 1 90
VI CLOSING DATE: This transaction shall be Closed and the deed and other closing papersd~i6'.r~!n ore arc ,u~"s ext~naea by other provisions of Contract.
VII, RESTRICTIONS: EASEMENTS; LIMITATIONS: Buyerlhall take title lubjectto: zoning, reltrlctlonl, prohlblllons and other requIrements imposed by governmental
authority: restrictions and matters appearing on the plat or otherwise common tothesubdlvlsion; publiC utllityeaaementl of record ("Iementsare to be located contiguous
to Real Properly lines and not more than10 feet in width as to the rear or front linea and 7~ relt In width as tothe Ilde IIn.I, unless otherwil8specllled herein); taxes for year
01 closing and subsequent years: assumed mortgages and purChase money mortgage.. if .nyi other:
47<;,000 00
10,000 00
lRO,OOO.OO
85.000.00
;{
provided, that there exists at closing no violation of the loregolng and none of them prevent. uae or Real Property for mn 1 t i -rh,JP- 1 1, i n g purpose(a),
VIII, OCCUPANCY: Seller warrants thallhere are no parties In occupancy other than Seller, but If Property Is Intended to be rented or occupied beyond Closing, the Isct and
terms thereol shall be stated herein, and the tenant(a) oroccupants dlaclosed pursuant to Standard F, SeUer agree, to deliver occupancy 01 Property at time of clOSing unless
otherwise stated herein, Jfoccupancy is to bedefivered before closing, Buyer as'umea aU riskoflollto Property from datlofoccupancY.ahaJl be responsible and liable for
maintenance Irom that date, and shall be deemed accepted Property in thelrexlstlng condition II of lime 0' taking occupancy unless otherwise atated herein or in a separate
writing.
IX TYPEWRfTTEN OR HANDWRITTEN PROVISIONS: Typewritten or handwritten provisions shall control all printed provisions of Contract in conllict with them.
X INSULATION RIDER: II Contract ia utilized lor the sale 01 a new residence. the Inlulallon Rider or equ!valentahall be attached,
XI ASSIGNABILITY: (CHECK (1 ) o,r (2)): Buyer (1) cXmay assign OR (2) 0 may not assign Contract.
XII SPECIAL CLAUSES: (CHECK (1) or (2)): Addenda (1) Q( Is attached OR (2) Clls not applicable,
D,po'ill') ucd"pa"g"ph" reeei'ed IF OTHERT:N :H::E:S:~~~LE~i!:-Ei.iEA:?::~~~e!-~ ~~ b..... Real ty . lna.serow Agent)
THIS IS INTENDED TO BE A LEGALLY BINDING CONTRACT.
~.. 0 T FULL Y U~ERSTO~,~EE~ .!tlE~OVICE OF AN ATTO~NEY.
~--~ 30-II/Rlbat. SOClals.oU"lyorTaXI,c:Y. 14/ ~GOIO - 8'/;)
'" u r . '
Date Social Security or Tax I,D, #I
(BUyer) .'
ACCEPTANCE OF CONTRACT ANO'Pfl.OFESS10NAL SERVICE FeE:
o IF A I.ISTING AGREEMENT IS CURRENTLY IN EFFECT:
Seller agrees to pay the Broker named below. InCluding cooperating sub-agents flamed, according to the terms 0' an exlsllng, separate listing agreement:
OR .
rX IF NO I.ISTING AGREEMENT IS CURRENTLY IN EFFECT: , " '/
Seller agrees to pay the Broker named below, at Ume of closing, from the dl.burse~ents of the proceeds of the IIle, compensation In the amount of (COMPI.ETE ONI. V
ONE) --5...- % 01 gross purchase price OR $ - . lor Broke"l ..rvlcesln e;".~t1na th"~I. by.ffndlng a,Buyer ready, wlliing and able to purChase pUrauant to the
foregOing Contract.ln the event Buyer falls to perform and depo.lt(l) II retalnec:l, ~th'l'tOf, but riot exceeding the Broke,..s fee above provided, shalf be paid to the Broker,
as full conslderatfon for Broker's services Including COlta expended by Braker, and the,balance,hall paid to Seller. If e tranlaclion shali not be closed because of refusal
or failure of Seller to perform, the Sellershall pay the feeln full to Brokeron demand, In any Iltlgl n rialng UJ,of ontractc nee n the Broker's'ee,the.prevalllng
party shall be entitled to recover reasonable 8110rney fees and costa, 'J l '
Date
By:
(Iirm name of Brokar)
t:itnAl a~nhRI:Il,.slIt~y, TTlC:~
(n31"O~"n~~~~~<. ~
(suthorlzed Signatory)
(Seller)
.Soclal Securlty Or Tax I,D, ,.
Date
",,~L~ "E i;:.iq;:;?/J!L;;'~"-';;;~";a <<.A<
Ol./f/~ " , ~ ~ . . ./ ~ 6: C~.~ 23.y.y,,/
Clnd' 1,11 H f'" ,A.. A ' , , /&;..u<:,
"_ I'Sr.>lk>('1
IPhm,..2 "/:f-7/0i.=,
._, ( BtIY(l('\
of (Phone ~ 5 9-1".,2 - fiX) (f);r./t;i
t1ereby agree I~at Ihe S,eller s!,all seU alld Buyer shnU buy Iho following rcel prop~rty ("R0DI PrOoerIY") .l1ml pl.'fsonal properly ("PersonDllv") (colleclivcly "Property") UpOI1 the followir
terms and condItions which INCLUDE the Standllrds for Real E:;lalll TrallSOcllotls,Pflnlad 011 the rev(Jrso or ollnched ("Slanclordlsl") and ony addendulll to this instrument
.- Counly, Floridn:
I,
,.
Ib)
lei
. ,
St'eel address, clly, zip, or the Propefly is: E ~ ~ ; ; ;;. , ,
Personalty: /J A/ ...; A/Ou/ <' r ~
/
c. CH'H , r~,
,
.,
It. PURCHASE PRICE..... ... ....... .... ,...., """:';i"",.......,i.................... . ,..,. . ..., ..$ 2 5~,I'JCiIJ,OO
PAYMENT: /} .! I $CA.f.c^,
la) Depoaltlallo be held In escrow by,'M~f>{f:i.cItI';A 'iz~d'I<.T'It:r<' rNC'UfUV~(Jpr"Ku61 In the amount 01 $ /2" 5tJO ,00
(b) Subject 10 AND assumpllon of mortgage In good standing InfltvQr oi}ik::~ .... - "I
:',':,:~~f,hi~ln'g,8nillPprO'Xlmale present principal balance of $
(e) Purchase moo y mortga e and mortgage note bearing annu'a"nte~~t≪~::''''':' I I %ontorms set forth herein, In amount of ... ...... $
Idl Olhef: . "- ,-' . $ /81 ~O,()O
(a) Balance to ClOS9 (U S, cash. LOCALLY DRAWN certified or cashler'e'.o . . $ '::;"n. IJ ,00
III. TIME FOR ACCEPTANCE; EFFECTIVE DATE: If this oHer Is not execu;~,,~y> shd delIvered 10 all parllss OR FACT OF EXECUTION commUnicated In wntlng between the partie
on or before ~/J..(/ 90 , ' , _j , ' l~e deposlt(s) will, at Buyer's option, be returned 10 Bllyer and the offer wlthdrawl
The date of this Contract ("Effective Dale")_ wHl be the dale whel1; the lasl one of the Buyer and the Seller has signed this oller,
IV. FINANCING: (8) It the purchase price or allY PIlIt of II is tQ be llno~dl. by a thfrd!porly loon, this Contract for Sale and Purchase ("Contrnct") is conditioned QI.l Il1e Buy('
ohtalnlng 8 written oommltment for the loan within (!gO days from l;ff~Qllve Onle,lal 8n Inlllal interest rate nol to exceed J I %; term of / .So yei)r!
find in the principal amount of $ l)l ZJ .ti' f?t1. t'() , Buyer will make apPlloatlon wilhlh / (; days from Effective Date, and use reasonable diligence to obtain the loan com
mitent and, lharoalter, to meat the terms and conditions of the commlllment;8.nd to close t~e loan, Buyer shall pay alf loan expenses. If Buyer falls to obtain the loan commitment ani
promptly nolifies Soller In writing, or after diligent effort fCllIs to meet Ihe teim~ and condfUons of tho commitment or 10 waive Buyer's rights under this subparClgraph within the tim
stated for obtaIning the commitment, then either party m~y cancolthe Conlract and Buyer sholl be refunded the deposll(s).
Ib) Tho existing mortg;l;ge descrIbed in Poragmph lI(b) above has (CHECK ( 1) OR (2)): ( I) 0 a variable interest rate OR (2) 0 a fixed interest rate of % per annun
At time of litlatransfer some fixfld interesl rates are subjeci to Increase. tflllcreased, the rale shall not exceed % per annum. Seller shall, within
(lay,", from Effective Date, furnish A statement from all rllOl'lgllQf>I>S stnling prinCipal balances, method of payment, lnterea.t rale ar,d status of mortgng~s. If Buyer has agreed to tlSSlIrll
il mortgage which requlms apnroval of Buyer by the moltyagee for assumpllon, Ihen Buyer shall promplly obtuin all required applications llnd will dilig<'!ntly complete tlnd relurn \11"1
to the mortgagee. Arry mortgagee charge(sl not 10 exceed.$ sharr be paid by (If not filled in, equally dividell). If the Buyer is 110t acceptC'
by mortgagee or the requirements for ilssull1ption are not in (u.:eordflIlCC with the terms of the Contract or mortgagee makes a charge in excess 01 tile stated amount, Seller'
Buyer may rescind thIs Contract by l:5-mpt written nollce 10 the othcr party unless eIther elects to pay the Increase In Interest rate or excess mortgagee charges.
V. TITLE EVIDENCE: Alleest ~J.JMs before closing dnto, Seifer shnl!, al Seller's expense. delivor to Buyer or Buyer's allorney, in accordance with Stanllard A, (Cl1eck (
or (2)): (1) 0 abstract of title OR (2luriitle insurance commitment. ' / /0 OJl...S<."IOA!6it. /ITO"rs-A.J' O,lf,nO;v'
VI. CLOSING DATE: This transaction shall be closed and the deed find olher closIng papers delivered on 2. 15? {() ,unless extended by other proviSions of Conlnh:
' I .
VII. RESTRICTIONS; EASEMENTS; LIMITATIONS: Bllyer shafllake tille sub/ad 10: zonIng, reslrictlons, prOhibitions and othcr reqllirements imposed by governmental authority; roslricliOIl
rlnd matters appearing on the pIal or otherwIse common 10 the subdivision; public utilUyeasements or record (easements are to be located contiguous to Real Property lilles (111
not more Ihan 10 feet In width as to the renr or front lines and 7VII feet In wldlh as to Ille side lines, unless otherwise specified herein); taxes for year of closing fllld subseqllf)l
years; assumed mortgages and purchase money mortgages, if nny; other:
PlQvided, that there exists at closing nO violation of the foregoing rtnd nOlle of lhem rxevenls lIf>O of Rool Proporly for - ~ ^ 'I. purposo{.",
VIII. OCCUPANCY: Seller warrnnts that there are no parlies in occupancy olt)er than Solll'!r, bullf Property is inlended to be rented or occupied boyor'ld closing, the fuct tlnd 18(111
thereof shall be stated herein, find the tenant(s) or occupanls disclosed I)llrsu8nt 10 Standard F. Seller agrees to deliver occupancy of Property <1t time of closing unless otherwi!:
st::lted herein. If o~cupancy is to be delivered before closillg, Buyer assumes all risk of loss 10 Properly from date of occupancy, shall be responsible al1d liable for maintenAnCE! rrO!
that date, and shall bo deemed 10 have accepted Properly In their existing condlllon as of lime of taking occupancy unless olherwlse stated herein or irl a separate writing.
IX. TYPEWRITTEN OR HANDWRITTEN PROVISIONS: Typewritten or handwrlllen provislons shall control all printed proviSions of Contract in conflict with them.
X. INSULATION RIDER: 1/ Contract is utilized for the sale of a new residence, Ihe Insulation RIder or equIvalent may be allached.
XI. COASTAL CONSTRUCTION CONTROL LINE ("CCCl") RIDER: If Contract Is ulllized 'or the sale of Property affected by Ihe CCCL, Chapter 161, F.S" {19851. as amellde{
shall apply and Ihe CCCL Rider or eqUivalent may be attacnea to this Conlract.
XII. FOREIGN INVESTMENT IN REAL PROPERTY TAX ACT ("FIAPTA") RIDER: The parties shall comply with Ihe prOvisions of FIRPTA and npplicable regulations which COlli
require Seifer 10 prOVide additional cash at clOSing 10 meet withholdill\,] requirements, and the FIRPTA Alder or equivalent may be oHached to this Contract.
XIII. ASSIGNABILITY.: (CHECK (1) or (2)); Buyer (1) ~ay as~n OR ,(2) O. may not assign Contract.
XIV. SPECIAL CLAUSES: (CHECK (1) or (2)): Addendum (1l CEris attached OR (2)0 18 not applicable. .
THIS IS INTENDED TO BE A LEGALLY BINDING CONTRACT.
IF NOT FULLY UNDERSTOOP, SEEK lliE ADVICE OF AN ATTORNEY PRIOR TO SIGNING.
THIS FORM HAS BEEN APPROVED BY JI;f FLORIDA /lSSOCIATION OF REALTORS AND THE FLORIDA BAR.
Approval does not COflslf/ute an opinIon lIlal any 01 I{IO temJS ~,c:QndItJons In 'hIs Conlnlct should be 8Cceptod by tho porties III a particular transactio/l. TerHlS
snd conditions should be negotiated based t/POfI- the.~~1ve IntfNeS1s, objectives and batpalnlng positions of aI/Interested persons.
COPYRIGHT 'gee BY THE F:.oR~AL6A!! A!:!.o !.H:!,L~R!!:A~~IATlON OF REALTORS, INC.
D~/-:s-, ---;;:-~jJ Dele i fl.d!'47~ Jf},/!),q/g:j
(Buyer) "~',i. ( eller)
---,--------
Oat(
j[
Social Security or Tax 1.0. "
.. ,
1':2 - S - 8? Date
;"j
(Seller)
Date
Social Security or Ta~ 1.0, #
Social Security or Tax 1.0. #
[)cposltls) under Paregreph II received; IF OTHER THAN CASH, THEN SUBJECT TO CLEARANCE. ~~i?,Tle('rlVt,.
BROKER'S FEE: (CHECK & COMPLETE THE ONE APPLICABLE) : B~
o IF A LlSnNG AGREEMENT IS CURRENTLY IN EFFECT: '
serJ8r- agrees to pay the 8rol<er named betow, Including cooperating 8ub.agents named. accordIng to the terms of an existing, separate listing agreement:
OR ,
(f;p1F NO liSTING AGREEMENT IS CURRENTLY IN EFFECT: : :
sell6rsnall pay the rJiOkernamedbeTOW, at lime 01 clOSIng, horn the dlsbursement~ of the proceeds of the sale, compensotlon in the amount of (COMPLETE ONLY ONE
~ % of gross purchase prlco OR $ . lor Brokl3r's servICes In effect:lng tho sale by flndlnglhe Buyer I(,:ldy. willing and able to purchase purslIantlo tho (orogoil1'
Conlrncl. If Buym fnils to perform and deposlt(s) Is relllillad. 50% Ihomof, bUtt'iOIElllceedlilQ the Srokar's fee above provided, sllall be paid Broker, as full consideration for Srokel
services IllCluding costs expended by Broker, and the, balance shall be paid to;Setter. If ll~ transaction shall not close because of refusal or failure of Seller to perform, Sc>lIer S11,1
pay the full fee to Broker on demand. In any lillgalfon arisIng our of Ihe Con~ract concerning the Broker's fee, the prevailing party shalf recover reasonable attorney fees and COstf
(Escrow Agelll
..
'f{]~~~ #~~,
lSeller) ;;
.
(name of cooperating sub-agent)
(Seller)
F^R/AAR 002-S1'b / lIAB\
RIDERS CAN BE OBTAINED FROM THE FLORIDA ASSOCIATION OF REALTCRS OR THE FLCRIDA BAR.
CONTRACT FOR SALE AND PURCHASE
PAR!IE"C.1 r;l OF iJC?/1,.l1j (?EdCd:i I/TTA/' ;7;,~/J &<.1/<;:
of /tJO' ,or uJ. / <<;r hit/I?.. tJ"c/ L3.LJ7':. .3 27''77'
and nJ!11 I.f..~'- 7C{A A /J. 'S ~ ~ I"BlIYPI-'"I,
01 .(Pholle~S' 9'.y.2-f(~'5:.'-?"Y:LI~,
hereby agree thai the Seller shall sell and Buyer shall buy the followinq [0.;-11 pr-operly (' Rt'dl Plop('lly ) nn(] 1I('I<'onnl properly ("Personalty") (collectively "Property") Uf">OI\ till' follOlfiitl
terms and conditIons which INCLUDE the Standards for Redl Esldlp Tr;:ms<lcllons Pflfllpd 011 !lIP r('verse or ,\tllched ( Slandarcl(s) ) and any addendum to this instrument.
~, ('Sc!IPr"l.
(Phone.2..y:;'-7/~j- (
I,
c
I
(h)
(c)
Slreeladdress crty,zrp of IheProperty IS .2.Sa '7 A/r FL:OL:-/lI1C
Personalty llA/o../ /VOIL/' EJ<..SI<'I-(A/~
/
1-11.--;'''
/)Ft' Al1-f 86/10'1'
...
h.
,
II.
PURCHASE PRICE.
...$
2 5(/, IJO{) , 00
~ME~ _ ~ _~~
(a) Deposit(s) to be held in escrow by,5"um!i..o/lU7A , n.t/J?6A.-Tfe" L.lVc,LlJ:t,:)Vl1ac:prtf.vec 61 in the amount of $
. .
(b) Subject 10 AND assumption of mortgage in good standing in favor of
/ -2.SCJO ,00
having all approxim8tn present principal balance of $
(c) Purchase money mortgage and mortgage note bearing annual interest at % on terms set forth herein, in amount of . ... $
(d) Othe, MEW 1.57 )?fA,,-rG~<P& PG'/L ~n/l.nC/l/lf?/1' .L/ $
, ,
(e) Balance to close (U,S. cash, LOCALLY DRAWN certified or cashier's check), subject 10 Cldjustmcnls nnd prorations .. $
III. TIME FOR ACCEPTANCE; EFFECTIVE DATE: If this offer is flot execuled by and dolivered to all parties OR FACT OF EXECUTION communicated in writing betw('C'n tho p8.rti(':
on or before {I..:<.j 9'0 the deposit(s) will, at Buyer's option, be returned to Buyer and the 011('1 '_\/ithdrawll
,
The date of Ihis Contract ("Effective Date") will be Ihe date when the last one of the Buyer and the Seller has signed this offm
IV. FINANCING: (a) If the purchase price or any paJt of il is to be finarlced by a third party 10<111, lhis Contract for Snle and Purchase ("Contracl") is conditioned gl.1 IIle r3uYl'1
obtainmg a written commitment for Ihe loan within (fzO clays from Ellectlve Date, at an initial inlp.rest rate not to exceed II %; term of / ..s YC;Jr~;
and in the principal amount of $ I )t 7,1 ,S'()(). (1D Buyer will make CJpplication willlin / ~. d,lys from Effective Dnte, and US0 reasonable diligonce to obtain !II' InUI1 Will
mitent and, thero8ller, to meel the terms and conditions of the commitiment and 10 close the loan Buyer shall pay all loan expenses. If Buyer f8ils 10 obtain the 10[111 COI l1lent ,1IId
promptly notifies Seller in writing, or aller diligenl effort fails 10 meet the terms and conditions of the commilmenl or to waive Buyer's rights under this subparngmph withill the lillll
stated for obtaining the commitment, then either party m<.w cancellhe Contract and Buyer sh<lll be refunded Ihe deposit(s)
{b) The existing mortgage described in Paragraph II(b) above has (CHECK (1) OR (2)) (1) D a vari8ble interest rate OR (2) 0 el fixed interest rate of ';'0 r(~r allnUlIl
At lime of title transfer some fixed interest rates are subjeci 10 increase, If increased, the rale shall not exceed % per annum. Seller shall, within
days from Effective Date, furnish a statement from all modgclgeps stating principal balances, method of p<lyment, interest rate and status of mortgQgcs. If Buyer has agreed tn aSSlUll(
a mortgage which requires aprroval of Buyer by Ihe tTlort!lagee for assumption, Ihen Buyer shall promptly obtain all reqllired applications and will diligently complete [tIld rdurn !lV'11
10 the mortgagee. Any mortgagee charg0{S) not to exceed $ ____ shall be paid by (if not filled in, equally divided) If the Buyer is not i1cceplpr'
by mortgagee or the requiremenls lor aSSlimption are not in uc,~ordance with Ihe terms of the ConLr8cl or mortgagee makes a charge in excess of tl1e stated elmount, Seller n:
Buyer may rescind this Contract by prompt written notice to the other party unless either elecls 10 pay the incmase in inlerest rate or f:xcess mortgnqee charges.
V. TITLE EVIDENCE: At least ~s1!.ys before closing rl<1te, Seller sh<lll, at Seller's expense, deliver to Buyer or Buyer's 311onley, in accOI-dance with Stnndard A, (Chr;ck (t
or (2)): (1) 0 abstract of title OR (2) Ut1itie insurance commitment / /Q OtvSr.;olf/t:f/t- /lrOLtpJ C//lO,lV"
VI. CLOSING DATE: This transaction shall be closed and the deed ,md olher closing pnpers delivered on 2 J.. 5? {() ,unless extonded by olher provisions of COlltriwl
/ I
VII. RESTRICTIONS; EASEMENTS; LIMITATIONS: Buyer shalllilke litle subj8ct to: zoning, roslridiorrs, prollibiliolls cllld other requirolT1Emts imposed hy governmontnl8ulhDI IV ,,~,triclic'll
and mnttms appearing on Ihe plat or otherwise common 10 tile Sllbdivisiorl; public utility easements of mcord (easements are to be localed conliguous to Real Proll'_'llj lillos illl(
not more than 10 feet in width as 10 the rear or front lilles and 7'h feet in width ns 10 the side lines, unless otherwise speCified herein); taxes for year of closing alld subseCjllc<11
years; assumed mortgages and purchase money mortgages, if any; other:
/8~ tiM,aO
<;'0, OM ,t)O
..J2LOvided, th8t them exists al closing no violation of the foregoing ami none of them rrevents Irsp of ripal PronE'rty fm /J 5mArt.C.L4/6ht.~ )C>~J:/f)L-:C^ OEA~A!;MP rlllrposr(~;)
fVIII. OCCUPANCY: Seller warrants that there are no palties in Occup<1ncy other than 812II('r. flul if Property is intendod 10 be rented or occupied boyond closing, the fncl ,md lem!'
thereor shall be stated herein, and the temmt(s) or occupants clisclospd pursuant to Standard F. Sellm a[Jrecs to deliver occupancy of Property !11 time of closing unless otherwlsi
stated 11erein. If occupancy is to be delivered before closing, Buyer assumes all risk of loss to Property flam delte of occupancy, shall be respoll~;iule und liable lor m8.intennnce frOIl'
that date, and shall be deemed 10 have accepted Property in their existing condition as of time of taking occupancy unless otherwise stated herein or in a separate writing
IX. TYPEWRITTEN OR HANDWRITTEN PROVISIONS: Typewritten or handwritten provisions shall control all printed provisions of Contract in confircl with them,
X. INSULATION RIDER: If Contract is utili7_ed for the sale of a new residence, the Insulation Rider or equivalent may be attached
XI. COASTAL CONSTRUCTION CONTROL LINE ("CCCL") RIDER: If Contract is utilized for the sale of Properly affected by the CCCL, Chnpler 161, F.S" (19B5), as ;lIllendl~<1
sh;:111 apply and the CCCL Rider or equivalenl may be attached to this Contract
XII. FOREIGN INVESTMENT IN REAL PROPERTY TAX ACT ("FIRPTA") RIDER: Tho parties shall comply with the provisions of FIRP1A and flnplicable regul8tiol1s whidl coul(
require Seller 10 provide additional cash at closing to meet withholding-requlrEirnents, and the FIRPTA Rider or equivalent may be allached to this ContrucL
XIII. ASSIGNABILITY: (CHECK (1) or (2)): Buyer (1) ~ay assign OR (2) D may not assign Contract.
XIV. SPECIAL CLAUSES: (CHECK (1) or (2}): Addendum (1) ~ atta~hed OR (2) 0 is 110t applicable.
THIS IS INTENDED TO BE A LEGALLY BINDING CONTRACT.
IF NOT FULLY UNDERSTOOD, SEEK THE ADVICE OF AN ATTORNEY PRIOR TO SIGNING,
THIS FORM HAS BEEN APPROVED BY THE FLORIDA ASSOCIATION OF REALTORS AND THE FLORIDA BArl.
Approval does not constitute an opinion that any of the terms and conditions in this Contract should be accepted by the parties in a particular ltansaction Terms
and conditions should be negotiated based upon the respective interests, obiectives and bargaining positions of all interested persOlls.
COPYRIGHT 1988 BY THE FLORIDA BAR AND THE FLORIDA ASSOCIATION OF REALTORS, INC
Dq:~ ::;~~~/
(Buyer)
I 7. -i -'3'7 O,to
(Seller)
D~lh'
Social Securily or Tax 1.0. #
er)
/2 --$. ~- gy Date
(Seller)
Date
Social Security or Tax 1.0. #
Depos,tls) ,mdo, Pa,agmph II mce,,,,,d, IF OTHEn T>tAN CASH, 1 (jEN SUBJECT TO CLEARANCE ~A$~C:~> .z:;u(
BROKER S FEE (CHECK & COMPLETE THE ONE APPLICABLE) By ~ ~ __
o IF A LISTING AGREEMENT IS CURRENTLY IN EFFECT:
Seller agrees to pay the l3iDker named beiow;-mCllJding-cooperalrng sub-agents named, accordrng 10 the terms of an exrstlllg separate Ilstrng Dgrecment
OR
~F NO LISTING AGREEMENT IS CURRENTLY IN EFFECT:
SeffersfiaIT pay the""-Sroker-rtamed belclW':ai-Fim-eo!cloilTilg, frolll the disbursemenls of the procoeds of the sale, compensation in the fU110unt 01 (COMPLETE ONLY ONE")
-5.---. % of gross purchase price OR $ , for Broker's services in effecting the s81e by finding the Buyer ready, willing and able to purchase pursuanl to tile f()IP~lOil1\1
Contrnct. If Buyer fails to perform and deposit(s) is retained, 50% thereof, but not exceeding the Broker's fee above provided, sllall be paid Broker, as full consideration fo!' Brokel's
services including costs expended by Broker, and the balance shall be paid to Seller. If the transaction shall not close becnuse of refusal or failure of Seller to perform, Seller shalt
pay the full fee to Broker on demand. In any litigation arising our of the Contract concerning the Broker's fee, the prevailing party shall recover reasonable allorney fees anti costs
([~-;(;row ^nell!)
(name of cooperating sub~agent)
(Seller)
(Seiler)
RIDERS CAN BE OBTAINED FROM THE FLORIDA ASSOCIATION OF REALTORS OR THE FLORIDA BAR.
FAR/BAR 002-87b (1/88)
STANDARDS FOR REAL ESTATE TRANSACTIONS
A. EVIDENCE OF TITLE: (1) An abstract. of title prepared or brought current by a reputable and existing abstract firm (if not existing then certified as correct by an existing firm)
purportillg 10 be an accurate synopsIs of the instruments affecting title 10 Real Property recorded in the public records of the county wherein Real Property is located, through Effective
Date and which shall commence with the earliest public records, or such later date as may be customary in the county. Upon closing of this transaction the abstract shall become
the properly of Buyer, subject to the right of retention thereof by first mortgagee until fully paid. (2) A title insurallCe commitment issued by a Florida licensed title insurer agreeing
10 issue to Buyer, upon recording of the deed to Buyer, an owner's policy of title insurance in the amount of the purchase price, insuring Buyer's title to Real Property, subject only
to liens, encumbrances, exceptions or qualification set forth in this Contract and those which shall be discharged by Seller, at or before closing. SeUer 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 receiYing, evidence of title 10 examine
it. If title is found defective, Buyer shall, within 3 days, notify Seller in writing specifying defect(s). If the delect(s) render title unmarketable, Seller will have 120 days from receipt
ot-notice within whicllto remove the defect(s), failing whic~, Buyer shall have the option of either accepting the title as it then is or demanding a refund of deposit(s) paid which
shall immediately be returned to Buyer; therellponBuyer and SeUer shall release one another of all further obligations under the Contract. Seller will, if title is found unmarketable,
use diligent effort to correct defect(s) in title w!t/1in the time provided ~erefor, including the bringing of necessary suits.
B. PURCHASE MONEY MORTGAGE; SECURITY AGREEMENT TO SELLER: 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 if a second or lesser mortgage; shall provide for right of- prepayment in whole Of in part without penalty; shall
not permit acceleration or interest adjustment in event of resale of 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); and the mortgage, note and security agreement shan 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 Reaf Property is located. All Personalty 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. SURVEY: Buyer, at BUyer's expense, within time allowed to deliver evidence of title and to examine same, may have Real Property surveyed and certified by a registered Florir' .
surveyor. If survey shows encroachment on Real Property or that improvements located on Real Property encroach on setback lines, easements, lands of others, or violate any restrictio,ls,
Contract covenants or applicable governmental regulation, the same shall constitute a title defect.
g 1~1' L":'. n,".~. 8t_O TQr'll 9llI38"u,", ..ilhif\ tima aUc;wred .... -::'<;?'j'w g"idsAes'"6I'. titI&----end tn Ii a";,,," Q'q:lG, mOl~' h^,~ 0""",1 D~l"ert, if18l3eated ~7 ... n~, .Eta f'''''difi,::ori Do... f'~.:Web
Operator lO'U:.I.,,,,,;,,," :r H"srll' :~ "'nIt ,V,~~i~~~..active termite infestation or Vis.ible existing damage from termite. infpd~tinn in IN:. ;~~rs Bffie ts. If sithur ":'~ Q9tt:l are-round, Buyer will- 7x /
l1ave.4 days from,date ot..w:I'itt!i'!J1l9!i~e .ther~O!.wllt.;u.M.hiGh ~~ages, ~r .;y;bl\:l or not, inspected and estimated by a licensed builder or general contractor. Seller VI
shall pay valid costs of treatment and repair of all damage uP..!Q2%.-Of--.pu,(J,a;:,t:: .....'~~~-costs._exceed.1ha1..an:lClUIl4.SI:f)'er.-shatt'tmve'1he option'-of'~'Contmct.'
within 5 days after receipt of contractor'"" '''''r:-'^ir eul;"'clnn5ygiving written notice to Seller or Buyer may elect 10 [Jlv...."''''d with--the..tr~nsaction, in which event Buyer shall receive'::~1
a credit at ,..In":^g .f _" cllllUunt equal to the total of the treatment and repair estimate not in excess of 2% of the purchase price. "Termlfe~shall-~ to include aU'N9od
destroYing organisms required to be reported under the Florida Pest Control Act. _ __ _ __ _ _ ._
E. 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 VII hereof,
title to which is in accordance with Standard A.
F. LEASES: Seller shall, not less than 15 days before closing, furnish to Buyer copies of aU 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 m'ay thereafter contact tenants to confirm such information. Seller shall, at closing,
deliver and assign aU original leases to Buyer.
G. 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 10 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.
H. PLACE OF CLOSING: Closing shall be held in the counfy where Real Property is located, at the office of the attorney or other closing agent designated by Seller.
I. TIME: Time is of the essence of this Contract. Time periods herein of less than 6 days shall in the computation exclude Saturdays, Sundays and state or national legal holidays,
and any time period provided for herein which shalf end on Saturday, Sunday or legal holiday shall extend to 5:00 p.m. of the next business day.
J. DOCUMENTS FOR CLOSING: Seller shall furnish deed, bill of sale, mechanic's lien affidavit, assignments of leases, tenant and mortgagee estoppel letters, and corrective instruments,
Buyer shall furnish closing statement, mortgage: mortgage oote, security agreement, and financing statements.
K. EXPENSES: Documentary stamps on the deed and reCOrding corrective instruments shall be paid by Seller. Documentary stamps, intangible tax and recording purchase money
mortgage to SeUer, deed and financing statements shall be paid by Buyer.
L PRORATIONS; CREDITS: Taxes, assessments, rent, interest, insurance and other expenses and revenue of Property shall be prorated through day before closing. Buyer shall have
the option 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 as may be
required by prorations. Prorations will be made through day prior to occupancy if occupancy occurs before closing. Advance rent and security deposits will be credited to Buyer and
escrow deposits held by mortgagee will be credited to Seller. Taxes shall be prorated based on the current year's tax with due allowance made for maximum allowable discount,
homestead and other exemptions. If closing occurs at a date when the current year's millage is not fixed, and current year's assessmen,t, is available, ,.ta~s will be prorated based
upon such assessment and the prior year's miUage.ILcurrent year's assessmenUs not available, then taxes wilt be prorated. on 'the prior year's tax. If there are complel:ed improvements
on Real Property by January 1st of year of closing which improvements were not in existence on January 1st of the prior year then taxes shall be prorated based upon the prior
year's millage 'and at an equitable assessment to be agreed upon between the parties, failing which, request will be made to the County Property Appraiser for an informal assessment
taking into consideration available exemptions. Any tax proration based on an estimate may, at request of either Buyer or Seller, be subsequently readjusted upon receipt of tax bill
on condition that a statement to that effect is in theclosirig statement.
M. SPECIAL ASSESSMENT 'UENS: Certified, I confirmed and ratified special assessment liens as of date of Closing (and not as of Effective Date) are to be paid by Seller. Pending
liens as ofdate~ofcJosing shall be assumed by Buyer. If the improvement has been substantially completed 8$'of Effective Date,such pending lien shall be considered as certified,
confirmed or ratified and Seller shall, at closing, be charged an amount equal to the last estimate of assessment for'the improvement by the publiC body.
N. INSPECTlON{REPAIR AND MAINTENANCE: Seller warrants that, as of 10 days prior to closing, the ceiling; roof (including the fascia and soffits) and exterior and interior walls
do not have any VISIBLE EVIDENCE of leaks or water damage and that the septic tank, pool, all major appliances, ,healing,' cooling, electrical, plumbing systems and machinery are
in WORKING CONDITION. Buyer may, at Buyer's expense, have inspections made of those items by an appropriately Flork:la licensed person dealing in the construction, repair or
maintenance of those items and shall report in writing to Seller such items that do not meet the above standards as to defects together with the cost of correcting them, prior to
Buyer's occupancy or not less than 10 days prior to, closing, whichever occurs first. Unless Buyer reports such defects within that time Buyer shall be deemed to have waived Seller's
warranties as to defects not reported. If repairs or replacement are required, Seller shall pay up to 3% of the purchase price for si,lCh repairs or replacements bY an appropriately
Florida licensed person selected by SeUer. If the cost tor such repairs or replacement exceeds 3% of the purChase price, Buyer or Seller may elect to pay such excess, failing which
either party may cancel this Contract. If Seller is unable to correct the defects priqr to closing, the cost thereof shall be paid into escrow at closing. Seller will, upon reasonable
notice, provide utilities service for inspections. Between Effective Date and the closing, Seller shall maintain Property including but not limited to the lawn and shrubbery, in the condition
herein warranted, ordinary Wear and tear excepted. Buyer shall be permitted access for inspection of Property prior to closing in order to confirm compliance with this Standard.
O. 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 01 Contract with restoration costs escrowed at closing. If the cost
of restoration exceeds 3% 01 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 ~~ damage, or of cancelling Contract and receiving return of deposit(s).
P.' PROCEEDS OF SALE; CLOSING PROCEDURE: The deed shall be recorded upon clearance of funds. If abstract, 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. Proceeds of the sale shall be held in escrow
by Seller's attorney or by such other mutually acceptable escrow agent for a period of not longer than 5 days from and 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 faHs to tfmel~ cure the defect, aU deposit(s) shall, upon written demand by Buyer and within 5 days after demand, be returned to Buyer and simultaneously with
such repaymeot, Buyer shall return Personalty. and, vacate Real Property and reconvey it to Seiter by special warranty deed. 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. 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 arxl procedures for closing, and for
disbursement of mortgage proceeds shalt control pver qontrary prpvision 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. (1987), as amended.
O. ESCROW: Any escrow agent ("Aqent") 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 shall not excuse Buyer's performance. If in doubt as to Agent's dutius
or liabilities under the provisions of Contract, Agent may, at Agent's option, continue 10 hold the subject matter of the escrow until the parties mutually agree to its disbursement,
or until a judgment of a court of competent jurisdk;:IionshaU determine the right~ of the parties or Agent may deposit with the. clerk of the circuit COlIXt having jurisdiction of the
dispute. Upon notifying all parties concerned of such action, aU liability on the part of Agent shall fully terminate, except to tj1e.. extent, of accounting for any items previously delivered
out of escrow. If a licensed real estate broker, Agent will comply with provisions of Chapter 475, F.S. (1987), as amended. Any 'suit between Buyer and Seller where Agent is made
a party because of, acting as Agent hereunder, or in any suit wherein Agent interpleads the subject matter of the escrow, Agent shall recover reasonable attorrlSY's fees and costs
incurred with the fees and costs to be Charged and assessed as court costs in favor of the prevailin~ party. Parties agree that Agent shall not be liable to any party or person
for misdelivery to Buyer or Seller of items subject to this escrow, unless such misdelivery is due to willful breach of Contract or gross negligence of Agent.
R. ATTORNEY FEES; COSTS: In any litigation arising out of this Contract, the prevailing party shall be entitled to recover reasonable attorney's fees and costs.
S. FAILURE OF PERFORMANCE: If Buyer fai.lsto perforlT!this Contract within the time specified (including payment of aU deposit(s)), the deposit(s) paid by. Buyer may be retained
by or for the account of Seller as agreed upon liquidated Cfamages, 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 Ihis Contract, the BuYer may seek s.pecific performance or elect to receive
the return of Buyer's deposit(s) without thereby waiving any action for damages resulting from Seller's breach.
T. CONTRACT NOl': 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. Vle context permits, singular shall include pluraL and Qne gender .sball inc,lude ,all. ,Notice given by or
to the attorney for any party shall be as effective tis if given by or to that party. ". , ' , ,'- ,
U. CONVEYANCE: Seiler 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 Paragraph VII and those otherwise accepted by Buyer. Personalty shall, at request of Buyer, be transferred by an absolute bill of sale with warranty
of title, subject only to such mailers as may be otherwise provided lor herein.
V. 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.
W. WA,R~~TlES: Seller warrant~ that there are no facts known 10 Seller materially affecting the value of the Real Property which are not readily observable by Buyer or which
have ~ been disclosed to Buyer.
, ,
Copyright 1988 by The Florida Bar and The Florida Association of REALTORS, Inc.
.-
ADDENDUM
XIV SPECIAL CLAUSES
1.) Buy' will' ly consummat.e/this co t if the seller
changes t e to permit sales service of all types
of Lawn Mowers and p itret sales and service or other
gardening equipment, ~en e property is annexed into the
City of Delray Beach, fur represents to the buyer
that such permitt . use will remain modified through the datet>"(
such propert annexed into the City 0 ray Beach. This
represent on shall survive closing herEof.
4~
, .
2.) -lill~ responsible for defi' g all site defiecies
and define w requ1relUents ther a 0 bring the property up ,I. ,-_
to code for the ibed busi referred to above. If the 1)-)1
cost of doing the repa bringing up to code is more than k
3% of the contract bu at J.on has the right to cancel ~ j i
the contfact and Escrow deposits ned or waive there
right of can ation.
3.) Buyer has the right to do a hazardous material inspection,
and if in the event the presence of hazardous material is found
seller has the right to clean the property to safe conditions,
if the seller does not do the clean:up buyer has the right to
cancel the contract or do the clean up.
Y~~ /
',/ (.I
~--:?/L_l~,\.
'- BUYER
~112.~ -S-'~<-~/-c:/
BUYER
..C[.
SELLER
SELLER
ADDENDUM
XIV SPECIAL CLAUSES
1.) Buye,r will only consummate this Contrac -f.-the seller
changes th' ~ning to permit sales and ice of all types ,,~/__
of Lawn Mowe ,s'. rmit retail s s and service or other <d'-
gardening equipment ,-"w e~ --perty is annexed into the .;/);/(//
City of Delray Beach, a~d--' represents to the buyer .1./
that such permitted. " will l' 1D4.!.n dified through the date>(;~
such property nexed into the C'.1-tY_of Beach. This ,r (
---
represent on shall survive clOsing he~o~~.
....-...
2.) ller will be res ~~ for defining all site defiecies ~
and de?, at requ /_1Jl'e'nts ther are to bring the property up /)~
to code for t "'de.,<l'ibed business referred to above. If the 110
cost of doing t '. ~rs and bringing up to code is more than'
3% of the co ract buyer~. 0 tion has the right to cancel c>.-: (
the ContI' and all Escrow dep,os t .....e.t.u-l'.O"ed or waive there
right cancellation. ~.
3.) Buyer has the right to do a hazardous material inspection,
and if in the event the presence of hazardous material is found
seller has the right to clean the property to safe conditions,
if the seller does not do the clean:up buyer has the right to
cancel the contract or do the clean up.
II ,/-_
J)a..-<'--t./f U.
BUYER
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PARTIES. .. ~_,.Cit Y-.DLJ2e.lr.ay-B.e.ac1L-
01 -----.-____lOO..N.or.t.hwe s. L.Ei.r:s.t.-Avcenu e..,-D.e-l:r-<l7--Be.a.ch-,---F-L-}~1v4
and ~--_____~.__S_tJZ.'yg__C~l,L1:::.ic
, ("Seller"),
I.
, ("Buyer"),
--------------..~--- (Phone),
l'e'l'tlY ~J'0e th.'lt the Selic, Shilll sell ilnd Guyer Sh,lll buy Ille fOllowing real property ("Real Property") and personal property ("Personalty") (collectively "Property")
l,pon the fO:lowirl9 terms ,1NJ ccnditions which INCLUDE the Standards for Real Estate Transactions printed on the reverse or attached ("Standard(s)") and any addenda.
D~SCRIPTION: (,I) Legai C8scpptiofl of Renl Property located inPa...lnLJl~coun'y, Florida:
Lots ,I and _II"..Blo,dLD__J,ohn.B.~Re.id~_V.illage
, (),)L.2_L ]age... 9.5..___P.alm._Be ach..Gount..y_fubJiC-Rec.OLdS-.-
(b) S'Jee ac:crcss, city. zip. of the Properly is _._.__SE___c.o.ru_e.r---.Of_v:.e.ne_tiaTI.-_and Mi rRm.:=!~.s_t rp p. t ~. Dp' r.:=!y Rp.q r n
lei PClson01ly _______~_______.._~_________
, .-' -I I
p~~c~~:~~- ~~-:~-~~F~.~;~h~~d.~ ~d.~~~-d.~~~~~~{:~u: ~~:.,-d~Z~~~,~::~~.~~_~~. ..
PAYMENT Upon acceptance of contract
(;}1 Intia: dC~JCsi: 10 bl' Il(o:d i'1 ascrol'. by ______," in the amount of . .$
(b) A1ci:icr:al dC~~~~J:in _____days dller acceplance to be deposited in escrow S
I,C":) ~:~ii'iCC: tcXXXXXX~';>CXM n,o'lg<Jgc in good st;;ndillg in favor or _Len.ding---.lnstitJ.Ltio~ $
--- _____________having an approximate present principal balance 01. $
(d) Purcl' 1';;0 mon( y nu'O; 'go <lnd note beann[J 8.I'llt!.ll,ntcrcst at _~ 0/0 on terms set forth herein in amount of S
:~: ~~':':~;~~~~~~u s '~;'''~Oi~-l y ~R^,: ;~o~ o~'aSh , ;ob,eello ad),,'m,"; aod pcocat'oo;: :::;e~~~ 0 . /~
~i.)~""
III TI:.\E For, ACC:Ef'TM';CE EFf=ECTIVE DAT~tlJWJ;'" I:; notexe d and delivered to all parties OR FACT OF EXECUTION communicated III wfltlllg between
fl" , 1 '" SOil nr b"ror' December_ '=:-'--1989 --- - ---- tho: deposlt(s) will at Buyers option be returned to Buyer and the offer
v "lr' (N:l - 1 ,'<1 C , Cl'lr;){ (["llect,vc DJt~:-:')\"i be tne d.lt,; w ler1 lhe lasl one of Seller has signed thiS offer
,
I. ,I \r\j'~"JC; III tll' oIJrr:!' IS(' pnre OriHly [J.1rl 01111', :olw ~in;Hlced by i1 third g~:l{r~rac:.l.ii:.52~dilionedon the Buyer obtaining awril\en commitment for
tll 10,:1 45.. 00y' Qr:l !:lIcctlve D<Jte. at <In Inltl;]IIil:(:r~';t raw not to ex c R.:..r~ ___~-----.D$o-;?;'ierm of atleast------1Q..... years; and in the principal amount
'. 3~,,', c I.J(.. 06 ., ., ,
): III :e;l,,: S '77 S~ OOOlluy,'( 'N!lIlllake ,1i"JpIIC;ltlon Wlll!lrl _.______1._____ dilYs frO')1 Erfoclive Date. and use reasonable diligence to obtain the loan commitment and,
t~lOr",;]:ter, to meet the terms Jnd condilions of the commilrnenl0nd to close the loan. Buyer shall pay all loan expenses. If Buyer fails to obtain the loan commitment and
;Jfumplly notifies Seller in ""',i1ing. or after ciligent ellort lails to meet the terms and conditions 01 the commitment or to waive Buyer's rights under this subparagraph within
th0 time stated for obtaining (he commitment. then either pilrt}' may cancellhe Conlr8CI and Buyer shall be refunded the deposit(s).
(b) The existing mGrlg:lge described in ParagrZlph II (b) above has (CHECK (1) OR (2)): (1) 0 a variable interest rate OR (2))(a fixed interest rate of
I,.... ,.,/
~- % per ilrHliJrTI. /,tlime of title transfer some fixed intcresl rates are sublectto increase. If increased, lhe rate shall not exceed % per annum.
;"11." ')~;III, witllirl d~lYS Imlll EfI,~clive Dille. furniSh il slalemenl from all mortgagees stating prinCipal balances. method of payment, interest rate and
'l,lt",; ;): "'0' t>.;<IYOO$, II [JuYiCr hil~; ilgrced lO a~SIIIllC :1 mortSjilgc wlm.;h requires approval of Buyer by lhe mortgngee for assumption, then Buyer shall promptly obtain all
'1'7S0dtJ,OO
.4,';Q,QOO'-()O
,-'
,
10.DOO.00
:3.f'6 tWO. 0 ()
3-757D0070o-
/~
n'q""p(1 ;1pplicrllions ;lnQ will :lillgl'l1tty complete <lnd relurn thCITltO the mortgagee, Any mortgagee charge(s) not to exceed $
Sl\d:; 1.1." ;;.1lcl ~ly n._. (if 1-...~llitled in. equally divided) If the Buyer is nol accepted by mortgagee or the requirements lor assumption are not in accordance with
ttw te'nlS ollhe Contr<1cl or morlC;,lgce makes a change in excess of the stated amount. Seller or Buyer may rescind this Contract by prompt written notice to the other party
\.'nICS$ '-"ther ('Iecls 10 Pily <In increase In inlerest rille or excess 1l10rtg<1gee charges.
V TITLE E'JIOEr-JCE: At least __.2.0_ days before ciosing date. Seiter shall at Sellers expense, deliver to Buyer or Buyers attorney, In acc~rdan With Standard A
A IN BROINARD DADE MAR fiN AND OTHER liKE STATUTE COUNTIES ABSTRACT OF TITLE "-I"". ~ J:'J- 1f'CJ/./'"
G IN f)i\LM BEACll COUNTY TITLE INSURANCE COW1ITI,tENT AND OWNERS TITbl-INEN~Rf~fE:C}I~b-r~a_; -20-, 19 9 ~
\" CL.OSli,'G 0,\ TE ThiS :r;j! ~dctlon $11all bn closed and till' deed dnd other closlllg p<lpers delivered on ,u:Zss extended by other provIsions 01 Contract.
VII 11I::STRICTIONS: E/,SEMENTS: LIMITATIONS: a\lyer SllJlllil~,C iille subject to: 2:oning. restrictions, prohibitions and other reQuiremenlS imposed by governmental
;\~It".-",'.y, re,trlclions i'tnd matters appe<lring on lhe pl"t or othclwise common to Ihe subdivision; public utility easements of record (easements are to be located contiguous
to fi,0dl P,ope'IY lines illld not more Ihan 10 feel in widlh CIS to the rear or front lines and 7~ feet in width as to the side lines, unless otherwise specified herein); taxes for year
of c!~)sing and subseqllcnt years: assumed morlgages and D'.lrchJse money mortgages, il any: olher:
_._--_.~_._._---------
;)'C'iICk',j, ;r.at the,e exists at closing no violMion of the forGgoing <lnd none of them prevents use of Real Property for fiul t i-dwelling purpose(s).
\/1 II OCCU?i"-NCY' Seil~r wrJrranlS tl1althere are no p<1rlies III occupancy other than Seller, but if Property is intended to be rented or occupied beyond closing, the fact and
t(:rn~s therc:ol snail be Slated herein, and the Icnant(s) or occupants disclosed pursuant to Standard F. Seller agrees to deIiveroccupancy of Property at timeof closing unless
otrWI'h'ise stated herein. If occupancy is to be delivered belore closing, Buyer assumes all risk 01 loss to Property from dateof occupancy. shall be responsible and liable for
n1il1nl"n;-lnce f,om tllilt dale, and shall be deemed accepted Properly in their existing condition as of time of taking occupancy unless otherwise stated herein or in a separate
\HI[;ng
,
IX ,YPEWRITTEN OR HANDWRITTEN PI"lOVISIONS: Typewritlen or handwritten provisions shall conlrol all printed provisions of Contract in conflict with them.
x INSULATiON RIDER: If Contr<lct is utilized (or :r,e sale of a new residence, the Insulation Rider or equivalent shall be attached.
'illl,S5IGNABILlTY (CHECK (1) or (2)): Buyer (l)XJ may assigll OR (2) 0 may nOt assign Contract.
XI~ SPECIAL CLf\USES: (CHECK (1) or (2)) Addenda (1) CXis atlach8d OR (2) 0 is notapplicabie.
[lcpos'lls) u~ldcrp.xagr(lph Ilreceived: IFOHIER THAN CASH. THEN ITS EOUIVALENTSUBJECJTOCLEARANCE: Gime 1 s to h Rp';J 1 ty. T naf.scrow Agent)
By, _.&n--vUiA,1 ) ,~,_. _ ,~
-----___-1___
THIS IS INTENDED TO BE A LEGALLY BINDING CONTRACT.
IF NOT FULLY UNDERSTOOD, SEEK THE ADVICE OF AN ATTORNEY,
:\ ~I~//~- ;?~- ~.' _~C..'..~ff6D:I': -:':':'Y:-T'~D-:
~ '-- - "''- SOClalSecuntyorTaxlD#
(BlIyer)
ACCEPTANCE OF CONTRACT AND PROFESSIONAL SERVICE FEE:
IF A lISTtNG AGREEMENT IS CURRENTL Y IN EFFECT:
Sl~::er :Igrees 10 pay lhe Broke, named beluw. inclUding cooperating sllb-agen~s named, according to the terms of an existing, separate listing agreement:
OR
:X IF NO LISTING AGREEMENT IS CURRENTLY IN EFFECT: ..'y
Seller ~'wel~s 10 pily tl~l' 8'l)~:H n;Hned below. at time or closing, f,om the disbursements of the proceeds of the sale, compensation in the amount of (COMPLETE ONLY
C,\.T) - --5- % 0' 9rO$S purchase price on S ----...- ,ror Broker's services in effecting the sale by finding a Buyer ready, willing and able to purchase pursuant to the
lur,cQolr,g ConlriJCL In lilt;' evenl Buyp, laiis to perform and deposil(S) is retained, 50% thereof. but not exceeding the Broker's fee above provided, shall be paid to the Broker,
;1$ fll,11 considC',JliO. n lor BrOker's sl'fvices including costs cxpended by Broker. and the balnnce ShaUll b id to Seller. 11 the transaction shall not be Closed because of refusal
," !;;,Iure 01 Seller:o perform, lhl' Sc':icrshall pily the fee in full to B,okeron demand, In any litlgatlo <lr' ing ou th Contract co er eBroker's e, the prevailing
::'J;irtv Shill! be entitled to recover reasonable ~jltorney rees and cosls, T~ .
............ 1)00 't Date
(al;lr,orized sign<llory)
.Gimels.t.o.b....Re.alJ:y.,.lnc.
(na~e Of. 00. operating sub-agent)
_/:;b-..-L':'~ .4./ v,M"",r&J
rSell
Social Security or Tax 1.0. /I
l~ l'
l1:rrn n"me cf Broker)
{Seller}
Social Security or Tax 1.0. #
Date
f.
Gimelstob.... !?ettgfnes
Realty Inc. I I 1l!lr{.4lHand Gardens<!l
rn
"EAll0ilX
CONTRACT FOR SALE AND PURCHASE
PA."'ES ..._-,CitY..D,Cnalr.a.y-B.e.acb ,
01 -.-'--LO'O-Nor.t.hwesL.Ei.r:s.t.-Jw.enue..,_D.e.JA:...y-E~~1v4
",,' -----...__S_t.l:y__e_.CJ1J::,ic
, ("Seller"),
J.
, ("Buyer"),
0: . __n.u - . ---~------ (Phone ),
IHlfl'~l\l il'Y('~ th,lllhc Selic, shilll sell and Buyer shall buy the following rea! property ("Real Property") and personal property f'Personalty") (collectively "Property")
I,ron tr,a 10:lowing terms .In.j conditii.lr~s which INCLUDE Ihe Standards for Real Estate Transactions printed on the reverse or attached ("Slandard(s)") and any addenda.
DESCRiPTION (a) Legill descnplion of Reill Prcpcr'ly IOCaled in:e.alIILJi~ County, Florida:
. .),O,t s.. I.. aDd,I I, _ .Blo..G.L!L_J.Q,hn_.B..._Reid~...Y..lllag~
(!,,~._ .2_1.... _l? a g 0_ 9,S_._P.allll_B e ach....Co,unt.y_Euhlic...Re.c..or.d <
1,1)) S',;,J',: audress, cily. -,ip, of Ill!) Properly is ._._SE_..c_o.r.n.eI-Qf--.Jl.e.n.eti;ln ;!T1.LMir.amar Sf"rpp f"~.
Delrey Ree~n "
,/'750d(),OOv P1.
"',<;Cl'innn~f) /' ~
iCI P0,sun<llty: ______________...
.---~-,-.-~- ..----~-..-----.~_d''.e_o_;- ~ ,,'1""./'- /--j ')~'--' ., ht; I~ {" r'vl
QunCHASE: f'f'1ICE .Four., hund.r ed. .and.. f-i.f.t-Y7"':-r.'hou's and.-..do1-1a:rs..............._............ $
/'"JA1'I,I[IJT Upon acceptance of contract
Id :n;:I~1 dc~:o~~:110 be l:c:o in escrow by _.______._______ in the amounl of. $
(0) /;(jS;tiO~31 dCi.;:~S;: '.'1M ____days alter <lcceptance to bo deposited in escrow $
"eIJ '" 'dinN T~ . .
ir;; ::-~"I:Il.'C: IC)('XXXXX~XX~ f1l0rtg<lgc 111 gooa st;:md,ng In lavor 01 ---L.I.en. &--'---I-.LS..tit.llti...o.D-- $
__n_______ ... _____ _____n______I1i.1ving an approximate presenl principal balance of , . $
Ie) Purcl1<lse money lT1ortg.1\JC <11'1(1 note bl~:l(ing annual inlerost at __ % on terms sel forth herein, in amount 01 $
(Q) New lTIoriG<lgn ______m._________~_.___ $
ill Oil", ------"-.________.___,__ S
(C!) 2;':il,'1C~ to close (U,S. c::lsh. LOCAllY ORAVxN ~r(ilied or cash' r's check), !;ubjectto adjustments and prorations $
. <i,,'~ .'tt" .f
il'.lE For. Al,GEf'TANCE: EFfECTIVE DAT~J1<11 i~ notexe d byand delivered toall parliesOA FACT OF EXECUTIONcommunJcated in writing between
"", ;<lr:','5 on or b'~(or'.' -- _De,c_eTIlbe r__~.'-_1.989._____ ,the deposit(s) will at Buyer's option, be returned to Buyer and the offer
j.... ~~'ul~'Nn 7!,,:, ':;1:( Ji ContrJ.cl ("EHeclivc D<1t~::-)'\ill be I/le d<ltc w en the last one 01 Buyer and Seller has siQned this ofler,
,,/ ; Ii ::d"jC., 1,',1(; ':~'Ii., I: 111,.' PtJrCI1;"s('_.priC~ 01' <lilY P, :-HI.Of i.t i.~,.'" to, .L)(l fin.:Jn.ced by a Illird r lo~, thi ,.%a~~diliolled 011 the Buyer Obtaining a ~rilten c.o~milmentlor
::':L' ;o;:.,~ \','::~V" 45 _ day:. IIQrn ~:iccllve Onte. al <lllll1ltl;]llntHrc~t r~te not to ex e if'afl;"'term of atleast~ years; and II) the pnnClpaJ amount
. 3~'1';', ~ 1.;(., 06 ,
',:;11 :0:I~l:;' '3-7 5 ~ 000l1uy;;r wrll rn<.lke ilpphC<1tlon wlHlIn ____Z~_ days 'rom Effective Date, and use reasonable diligence to obtain the loan commitment and,
' U1cr"illter. to me,,; the lerms Clnd condilions of the commitment <lnd to close the 10<ln. Buyer shall pay all loan expenses. II Buyer lails to obtain the loan commitment and
I ;;'ol:_~plly nolifies selle. r in writing,. or nftQr diligent error,'.faits, to m,eet the terms and condilionsof the commitment orlo waive Buyer's rights under this subparagraph within
:he IlmQ slilted for obt:\imng ~he commitment, then either pnrly may c<lncel Ihe Contract and Buyer shall be refunded the deposit(s).
(bl The existing mortgage described in ParngrZlph II (b) above has (CHECK (1) OR (2)): (1) 0 a variable interesl rate OR (2))( a fixed interest rale 01
. t ':........ ,;'f:_ . % per <.IIHllJrn. Alllme 01 litle transfer some fixed Interest rates are Subject to Increase. Jf increased, the rate shall not exceed % per annum.
",'I:.'r ,)~;1I1, wlli,in._ u.___ days from Effr:ocllve O.1te. furnish n statement from aU mortgagees stating principal balances. method of payment, interest rate and
',II" ; '): ,nOJ l(j;lgL'~. If DUYQr 11;1:; <Jgreed [0 :1~S(JI1W n mortgngc w)lIch requires approval of Buyer by tho mortgagee lor assumption, then Buyer shall promptly obtain all
f('q",r"o ;lppliC.1lion~, :lnO will :1iIi9t:r\tty complete and return them to the mortgagee. Any mortgagee chargo(s) nol to exceed $
~I\~l,'l h.; :,JIU l~y ..".__....n_ (if r~t filled in. equally divided_) II the Buyer is not accepted by mortgagee or the requirements lor assumption are not in accordance with
:11e Ie, ms Of the Con\rJct or mort\":ji1gce makes a chJ.nge in excess of the stnted amount. Seller or Buyermay rescind this Contract by prompt written notice to the other party
11'11<::55 either ,"feets to PCly an increase in interest rMe or excess mortgagee charges.
V Ti7lE EVIDENCE Atle<.lst _.2.0_ days bel ore closmg date, Seller shall, at Seller's expense, deliver to Buyer or Buyer's attorney, In aCC:Ardan WIth Standard A.
A. 1,\1 BROWAf1O DADE MAR rtN AND OTHER LIKE STATUTE COUNTIES ABSTRACT OF TITLE Mal". J., ) ~_ v
o IN OJ.LM BEACIl COUNTY TITLE INSURANCE COMMIT!,JENT AND OWNERS TITbt'NB~"f'~'i"lDt:JH,~"e c 2-0-, 199
1.' Cl_OStNG OA TE: TIlls lr:.lr'~dct.orl sl1311 be closed and the dt:'od nnd other clOSing papers dcllvered on ,~extended by other prOVIsIons of Contract.
Vii I'll, STflICTIONS: EASE:MENTS: LIMIT A TIONS: Buyer sl\nlltaile titte subject to: zoning, restrictions, prohlbltions and other requirements imposed by governmental
:I~;:r'~', liY, re~:r,ctions and mallers appearing on the plat oroth,~rwise common to the subdiviSion; public utilityeasemenlsof record (easements are to be located contiguous
to r.,..};\! PrOP8rly !IrleS and not more than 10 fer.ll in widlh as to lhe rear or front lines and 7'h feet in width as to the side lines, unless otherwise specified herein); taxes for year
of c:.;lsing <md subseqllQnl years; assumed morlgages and purch<.lse money mortgages. if any; other:
10.DOO.00
/ft~
.-326 DOG' 0 0
3-75-;-000-:-0&
J".!,", 000. 00
~s.eoo.-oo
/ft
./
>Jrt)<."~,;~. tr'<llll1ert; exists at Closing no viOlation 01 the forQgoing and none ollhem prevents use of Real Property for rnul ti -dwellinQ: purpose(s).
'/:1, OCCUPANCY: Sell>;:r w::Jrrants Illal there are no parties in occupancy other than Seller, but if Property is intended t.o be rented or occupied beyond closing, the fact and
lC.r".s t~er~()f Stlilll be st<.llcd herem. and the tenant(s) or OCCUpilntS disclosed pursuant to Standard F. Seller agrees tOdeJiveroccupancyof Property at time 01 closing untess
otl~t"'Nise staled r.clcin, If occupancy is 10 be delivered before closing, Buyerassumes all rlsk of loss to Property from date 01 occupancy, shall be responsible and liable for
Il\ill"~,;nill'lce Irom 1I1al date. and Shiltl be deemed accepted Property in their existing condition as oltimeof taking occupancy unless otherwise stated herein orin a separate
"HII,ng
,
1\ TYPEWRITTEN OR HANDWRITTEN Pl~OVISIONS: Typewritten or handwritten provisions shall control all prInted provisions of Contract in conflict wilh them.
x I!\iSULA TION RIDER: If Contract is utilized for the sate of a new residence, the Insulation Alder or equivalent shall be attached.
,1':',SSIGNM,3ll1TY (CHECK (1) or (2)): Bllyer (1)XJ may <.Issign OR (2) 0 may not assign Contract. ...
;." SPECIAL CLAUSES: (CHECK (1) or (2)): Addenda (l) ex is attached OR (2) 0 is not applicable.
Dcpa-SI:,:si under p;J.;agli1ph il received: IF OTHER THAN CASH, THEN ITS EaUIVAlENT,~~BJ~C TOClEARANCE: ~:~ to h Re:=l1 t y. Tn C?E.scrow Agent)
By:~_~( ji~~A_,-_
-------- ---
"
\
THIS IS INTENDED TO BE A LEGALLY BINDING CONTRACT.
IF NOT FULLY UNDERSTOOD, SEEK THE ADVICE OF AN ATTORNEY.
- - :3L'~-:: -:c:eC",iI':-T':D-:
(Buyer)
,\CCEPTANCE Of' CONTRACT AND PROFESSIONAL SERVICE FEE:
IF A LISTING AGREEMENT IS CURRENTLY IN EFFECT:
5e:lel agrnes 10 P;ly the Broker named below, inCluding cooperating sub-agents named, according to the terms of an existing, separate listing agreement
OR
:X IF NO LISTING AGREEMENT IS CURRENTLY IN EFFECT: ...."'t
S:::ller ;;~iree~ to pay the Brof:.;'r named below, ,lltime of closing, from the disbursements of the proceeds olthe sale, compensation in the amount of (COMPLETE ONLY
C'~E) -...-5- % 01 gross purch"sc price OR S ---- ,lor BrOker's services in effecting the sale by finding a Buyer ready, willing and able to purchase pursuant to the
'o''"S1oing COiltract. In the eV~nl Buyer filils to perform and deposit{s) is retained, 50% thereof, but not exceeding the Broker's lee above provided, shaH be paid to the Broker,
;I~ (ull considcration tor Broker's ~(]rvices inctuding costs expended by Broker, and the balance shaH be paid to SeUer. If the transaction shall not be closed because 01 refusal
u, '~lilure of SUller 10 perform. lhc S,:ller ::;IHIII POly H1C lee in tullto Broker on demand, In any litigation arising out olthe Contract concerning the BrOker's lee, the prevailing
P~"\y shall be entitl,"d 10 recover reasonable i1110rney fees and cosls
--__Date
Social Security or Tax 1.0, 1#
rSener)
Social Security or Tax 1.0. It
Dale
l~ /
{;;i:thoIiICd signatory)
.Gime.lsJ:oJLR~_,~nc .
(na~c Of, coop.erating sub-agent)
-Li:.c..-",'Lly .2," ^",A.~
rf,nn nCln1e 018roker)
.- .._--------"-
(Selier)
Social Security or Tax I,D. #I
Date. ,.f
~., .1
,j ~I'~l .
1'_';:
STANDARDS FOR REAL ESTATE TRANSACTIONS
t:
',,::_'i, "',.L :), "j 11 LE;: (1) Art abstracto' llUe is anabr.lraCI prepared orbroughlcurrelll by. reput'bl.an~~xl.tingatntr.Clllr~(I~notll}(illi/lglh.ncertlllodaICorraclbyanexlsUngflrrn)J)Yfpol1lng
I" ,;11 aC~<l[J:,' synopsIs of lhe instruments allactlng title to Fleal Proporty reCorded in the public recora:s?It~ counfYw~..reln,ReIlJP(oper1YI'loCaled through Effective Oale and which shall
,mrr'l'!;C,: wlj~llhl' l.!IlrllIJsl public rl.'cords, or such later dale as may be customary In the county. UPonclOtI~60I'hl'lt'.n"~ion,~e'bslr8ctahaJl bleom.the properly 01 Buyer, lubject 10 the (Ighlot
'I""i.,"" ::".:!(:~,: ~)y r'rs~ mOrlga9'!C un!,! tully PMj; or (2) .Ulle,ln.ur.nce commitment iSSUed by B Florida"canUd Utl.h\lurerllgree~ng 10 l.aueto Buyer. upon recording 01 the deed to Buyer, en
... r ,,~, S ;:~"JCy of !llIe If1surance rn tho smOllnt 01 tho pUlCb<.lsO price, Insuring Buyo(s tlUe 10 Real Property sublectonly fOIl,n., encumbrances, exception. or qualification. set forth In thlaContract and
:r";~",,, I' ~r'," lh) 'Mc~HHgec I')' S~'ller ill or belora closing, Seller shall convey a markelable titluubject onlyloli.l1I,encumbrancas;exceptlons orquaUlicalion. set forth in thia Contl'lCl Marketable
:'1,,' '~I,,,, I t,~ tl"wrrll'rltld <lct;o'drllt] I(J appllr.;:ltJle Tille Standards adoPladby aulhority olTha Florida Bar andiJn.ocordanc,.wllh law. e~erah.U tlave30daya,1l abslract, or5 daYI, lftltlecommllment,
': :~", ';,1:,:, ,! rI'Cf>I"'nq eVldm'lce 01 tltle!o examlne;l. If IIl1e IS found defectiVe, Buyar shalf, within 3 daY'. nOlJly senefln wrltllig'lptelfylng defeet(s): Iflhedefecl(,) rendar UUe unmarkatabla, SeUarwill
r",,'!' 1 ,,(.. ij~yS Ir I)fTI iel,:eil.ll of notjce w,t1l11'1 which to rernove Ihe defecl/s), failing which Buyer snail haVe the option olellher.cooptlng lhe Iitleaa ilthen I'ordemanding a refund of depoallCal paid which
sMil ,mmtldialely b~ returned 10 Buyer: thoreupon Buyur and Seller .hall releaso one anolher of aU IUr1h.rO~lIgatlons underlhe Contract SeUer, will, If IlUe Js lound unmarkelabJe usedllJgenleflort to
cmrt'-:I delec:(s) in title within !ne lime provided therefor, including lhe bringing of necessary suits. r _, _':",~" '
d PLjRCHASE MONEY MORTGAGE. SECURITY AGREEMENT TO SELLER: A purchase money nOlea~mortg.ge10Seller'haWProvlde iora-30day grace perIod in the evenl of deraull ilalirsl
11,Dn<;~O" ilnd.1 15 dill' grace rOI;od il n second or lesser morigage; shall provide for right ,of prepayment In Wh,91.or In par1wllhoulpenally, Shall nOl permll acceleraUon orlnlere't adju,tm.nlln event 01
"'~',I,' vi f'ro,.,<:Jrly - SII.lll r1l(]tlrre .111 j.Jr lor IIt!ns And encumbrancos 10 be kept in good standing and lorbid mOdifrFallonaof orlutureadvancesunderprlormortgage(I): and the mortgage, note and securily
",; - "'"" ,"111 ~lli\il be olherwlse in lorm and content reqUired by SeUllr; but Seller ma,y only require clauses customarily found In mor1gages, mortgage notes, and security agreements generally utilized by
',,- <-1',- ",j JflJ loan inSl,lul ions, or slate or national banks located in tho county wherem Property is located, AU Pe!'Sonaltyand I"",belng conveyed or assigned will, at Selle(s option, besubjecl to the lien
,: " .",r:"'I'1 ,1gre"m,,"1 eVlrlenced by recorded finanCing statements, il 0. balloon mortgago, the IInal paymQnt will exceed the periOdic payments thereon.
I ! .'.
C SUR'JE'r guyer, at Bu'l~r's expense, within time allOwed 10 deliver evidence of litIeand to examine same may havaRa~1 Property surveyed and certilied bya registered Florldasurveyor.lfaurvtty
-1';:''''9 l'''OO;J(;I1nIl!II: 1)11 R02JI Property or lhat improvements located on Real Property encroach on selb.ck lines, aa"mentS,lands 01 others. or violate any restriction., Contract covenants or
..q-'''''Cil:,.~ 9ov~"''''(mIJI regulation, tho same Shail constitute a tille defect. ' i
I Lli~.~: i E~ lli. t'<" - 31 8uyer'~ IlXP\JnS{;, wilhin l.rne (lllovmd to deliver evidence 01 lit1e and to examine sam., may have Pr:operty Inspected br e Florida Certilied Pest Control Operator to determine If
:,. ,,' . 's ""',,,,s;bitl JCI,ve 11:11111jte infeSlatlon or visible existing damllge frorn termite inl,estatlon In tha improve~entl, If eilherorboth are lound, Buyerwlll have 4 days from date 01 written notice thereof,
.,., ,:r_I/' whdllO I'a.'(' ail Clamages, wh~lh!;, vlslbla or not, Inspected and estlrnated by licensed builder or general contractor, Seller shall payvaJld costs of traatment and repelrof all damage up to2% of
" "d,a~<' ~""~C Should SUCIl COSls exceod 1~'Iat amount, Buyer shall have the option Of cancelling Contract within 5 days aftar receipt 01 contractor's repair estimate by giving written notice 10 Seller or
D,--,ym may eleCI to proceed with the transaction, in which avent Buyer shall receive a credit at closing 01 an emount aqualto the total 01 the treatment and repair estimate nolln excestol 2% 01 the
purch<l~<, P"l,:'~ "Term des'. ShOlIl be deemed 10 include ail WOOd deslroying org:lnisms reQuired to be reported unde, Ihe t=lorida Past Control Act
10 iNGRESS I,NO EGRESS Seller warrants and represents lhat there is ingress and egress to the Real Property sufllclenl lor the Intended use as described In Paragraph VII hereof, UlIetowhich II In
"<c')r,,al'(:(: WI!h Slandard A
" LEASES S~iier shall, nOI less tthln 15 days belore closing, furnish to Buyer copies 01 all writlen leases and estoppelletlers from each tenant specifying the nature and duration of the lenanrl
;'cc_mancy, renl.'!1 rales, advanced rent 11fId security deposits paid by tenant. If SeUor is unable to obtain such letlerfrom each lenant, lhe ssma IntormalJon shall be furnished by SeHer to Buyer withIn that
"':Ie pCflOd Ir'I the lorm 01 a Seller's alMa\'il, and Buyer may thereMter contact lenants to confirm such Information. SaHer shall, at closing, deliver and al$lgn all orlginalleasea to Buyer,
G I E r.;~; Svller sha;llurnlsh 10 Buyer at tirne 01 closing an aHidavit attesting to the absence, unless otherwlst provided for herein, '01 any Ilnanclng statements, claims of lien orpotentlalllenors known
", ;),)II"r 'I' ,t! I". 11,,,r .11!tJs:i"g that il1t'r" hrlve boon no j'nprovements or ropairs 10 PrOPflrty lor 90 days Immediately preceding daleof closing. II Property has been improved, or repaired within thatUma,
S""", ~11<1'i deliver releases or waivers 01 mechanics' iiens executed by all gener(\1 contractors. subcontractors, luppllers, materIalmen In addition to Seller'a lIenallidavll settingtOr1h tha names of en
>iUC~' g"n,,'~i ctJntrnClors, Succontlactl)rs, suppliers and materialmen and lunher Rffirming that all charges lor Improvements or repalra which could serve as a basis tora mechanic', lien orl claim lor
();"'I~'::~S n,,"'l bel'n paid 01 will hl1 palO at closing
,j "L,\U:' OF' CLOSING Closing shall be Ileld in the county where Real Property is located, at the of lice 01 the attorney or other clO$lng agent deslgnaled by Seller.
I 1 :~1E T,~ne IS Of the essence of this Conlract. Timll periOdS herein 01 less than 6 days shall in the computation exclude Ssturdays, Sundeys and stale or naUonallegal holidays, and any Ume period
;H,'''' '''LII,,, hureln Wlllch $11<1li l<n(~ Or1 SatlHday, Sund,1Y or legal holiday shail extend to 5:00 p,m, of the narct business d~y.
J ::;OCUIJ[NTS FOR CLOSiNG: Se!ler Shlllllurnish deed, bill of sale, mechanic's lien allidavll, assignmenlSofleaaes, lenantand mortgagee estoppel lellers, end corrective inltruments. Buyer shell
1,,"',>>1' ;;[U'"I") st.1trmel\t, 1I1\"t~FHJ"', morlgage note, securily agreement, and financing statements,
... 0.: H:,"'SES Duo.;urn"nlilry stamps on tM instrumenl 01 conveyance and cost ot recording corrective instrumentashall be paid by Seller. Documentary slamps, Intangible tax on and cOst 01 recording
i'"I,;I,"$" r-,oney mon~ag~ 10 Seller, lhe deed and financing statements shail be paid by Buyef.
,
'- ,l,.jOf-tt,TIONS CREDITS. Taxes, assessments, rent, interest, insurance and other expenses and revenue of Propertylhall be prorated through day cefore closing. Buyer shill have the opllon 01
:,1", oJ )"e~ any L'xlsl,ng policies of insurance, if assumable, in which event premiums shall be prorated, Cash at closlngshall belnereesad ordacreased as mey be required by prOl'ltions. PrOl'ltlons will
",ado.' lJ.n.J"sr dily prior to occup..ncy il occupancy occurs before closing, Advance rent snd lecurlty deposits will be credited 10 Buyer and escrow deposits held by mor1gageewlll becredlled to
S,...", ~ ,i~L'~ shilil b~ prorilled based on the current year's lax with due allowance made lor maximum allowe~le discount, hom..t~ad and other exemptions, Ifcloslng occursata date when the current
l""'" S /f',HilY" IS not fIX;:d, and ,currllnt year's assessment is available, taxes wiU be proraled based upon suchusestmentandthe'ptioryear'smHlaga,lfcurrent years'IIellmenlla nolavailable, then
ta,us ...,11 t)e pfor;l;ed on the prior year's lax. 11there are completed Improvements on Property by January 11t ofyearol Cl08lng whl(lh Improvemantswerenotln exlslence on January 11tofthe prioryear
:nt'n lax"s shall be proratOd basod upon the prIor year's millage and 81 an equitable ISsessment to be agreled upon between the partin, failing Which. requesl will be made to tha County Property
;:"p,,'al~l" IVI 'In Illlo/ll1al assessment taking into consideration available exemptions, Any lax prorallon bas~ on an eaUrnate may.trvqu8lltoleither Buyeror Seller be sublequently readjulted upon
'''If''~': 01 liI< Ii,:: 011 condition Ihat a ~l:J\emcnllO that offect is in lhe closing stalement . . '.,' .i J>"'H',:I' ;,:. '~j _'. .: '
1,1 ~;r>~.~iAL ASSESSMENT LIENS Certilied, conlirmed and ratilied special asselsment liens asol dateoleIOllng(.nd~C"1 aa6fElfec:Uve Date) are to be paid by SeUer. PendIng lIensaaol date of
c:"S'!'Q "lIaII bll assumed by Buyer II the improvernent has been substantially completed al 01 Ellecllve Date~,uch p.ndln~ !lerJ;~1l beconaldered ucertlfied, conllrmed or ratllled and Seller.hall, al
c:~'Slng, bf: cllilfgea an amount eqU31 to the last estimate of assessment lor the improvement by the public ~y, _,: ' : .'. '"
N. INSPECTiON, REPAIR AND MAINTENANCE: seifer, warrants that, as 01 10 day. prior to clo-Ing. th~~!~~~r:,;(.'~l;i~t~,'1,Ji;:f,~dl~a~d'~rfl~)~<ndextetiOrand lnterlorwena do nOI have eny
ViSIBLE EVIDENCE of leaks orwaterdamage and that the septIC lank, poor, all major appUaneea, heatlng.c~lIng.,~lee.lrl~iell,!lt!b,,,glYltemaendmachlnery.ra InWORKINQ CONDITION, Buyer
rlay. al O<.;)'er'$ expenso, ha','c mspec, lions made of those Ilems by en approprialely Floridalicenled pel'lOn ling In thect:tl1llttl,'. OII,on., raPllro,', ,rI:'Ilntenen~ofthOl8ltam. and lhall repor1ln wtitlngto
Seller Such items thaI do not meet the abOve standards as to delec:tstogether with the costolcorrtlCtlng them. . rlOtto Buv-!r(~P.lncy~rnolle!' l/:la"IWdaya prlorloclealng, whlchevaroccuTI firs!.
Unless 8"ye, reports such delec,ts Within that time Buyer shall bo deemed to have waived Sellerlwarrantl,:, m~ef~",!~" -~AArttd! !1rf!P~ITI,',Cl{JeP.'~mentsare requIred, Sellerlhall pay up t03"of
I~" purchils" proce lor SUCh repll1rs or replacements by an apprd"priately Ftorida licensed per1onlllfCled. b. 'I ri.r.lflh.eo tl..~flU'!:h.~pell'!,O~re, ~,}~,c. '~.~ntexceeda3"olthe purChaH price. Buyeror
S~ller may elect to pay suCh excess, falling which either party may cancellhis Contracl,1I5elle~I'\lnabf.to, rrec:t#)t-~~,. Prf~(h;IOt:ln~j#t~cOll~"reoIShall be paid IntoMCrow.tCI~ng. Saller
WIll, Ilpon re<lsonable notice, provide utilities service lor inspeclion., Between Ellecllve Dale and thaclo,ln ~ Inc,1 ~notJlmltedto Iha tawnand ahrubblry.ln the
~ond,tion I1cn.Hn w.:!lranted, ordinary wear and tear excepted, Buyer shaJl be permitted OCCUI fofr".Pec!~. " . lIrm complianCe with this pel'lgraph.
~~w '_", .,,'
,~] RiSK OF LOSS If the Property is dAr'laged by lireor olherctlsualty before cto~ing end coat of ....Ionii\'d~d 1,ih. Propertyao dam;gtd,coatof reatoratlon
SII,II, be an obl,galion of the Seller and closing shall prOCeed pursuant to Iheterms 01 Contr8cl wUh mt0ra110,n "eXceed'3"oltheUlMMd Ytluallonof
Ihe ImprOVemtlnts ,so damaged, Buyer Sh31l have the option oleaher taking Proporty as Is, together1!ilth,'llther tltO'.~UCivh I,~or,~.am.ge"orof cancalllng
Contra,::1 and receivIng return Of deposlt(s), ;:'.. 'It> ':J"~';; ,~" ".'~:~{','~~'..~,~ ,,'
,W'~"r ,
? PR(;CEEDS OF SALE; CLOSING PROCEDURE: The dead shall be recorded upon clearance 01 fun~" vlet '~h,expenae.toahowtlll.ln Buyer, without any
t'!Cl,;,If\,bra ~c;es or change which would render Seller's tille unmarketablelrom the date 01 the Iallav!c:Ien.c~ '_..,. crOW by Sellert attorney or-by luch other mutu.lIy
_,~c"ptJbl" eSl,:row agent lor a periOd of not longer than 5 days from and alter closing dall, If Sella(,.1 tlU,lt,,,, ~r~il, Within the 5 dey period. notify Seller In writing of thl
(M<.'CI an,j Seller sflall have 30 days trom date 01 recoipt of such notification to cure the defect,lf Selltllall.iol!'flYQ1Jret Ii) ~Il, upon written demlnd by Buyerand wllhln 5dlY'
~1!", Oell1ilnd, be relurned 10 Buyer and simultaneously with such repayment, Buyer Ihall return par'Olialty'i ".'v'~. .1iCO~vtyl1toSallarbyapeclal warr.ntydeecl.lf BuyarleUlto
'rl.," ''\In..;;ly dcmal'U lor refund,' Buyar Shall take IllIe as IS, waiving all nghts agamst Sellerasto any Intervll'!_ln ~"tM::t, ... . ' v.lJ.bletoSVy,rby vll1ueolw.rrantlelconlalne<llnthldeed, If
n ~;0r~'0(1 ot the pWchdsa price IS to be derived from InsWulionallinencing or relll'lancmg, requlremenlaofth. "g'll\Itlt",.,. ce.,!miofijayand procedures forclOllng, end fordl.bursement
(,I Illorl';;a,;,,, proc,et:dS shali control OVIH conlrary prOVISlon;n this Contract, Seller shall have the right 10 req.,. u.',from thel!~,~ Jl'lg Inllltlitlo,.,." wrru,en CO"mmllrnent thalli will notwllhhold disbursement of
mongagt: ",roeeeds as a resul1 01 any title defect attributable to Buyer-mortgagor, The escrow and cloa.lng . . . . rt~~ Standard may be waived II title agent Inaurea adverse matteTl
,-'i,'sual~: ~'-' S('ctlon 62.',7841, F_S, (1985). as amende<!_ . ,,~ry. ,Y,; ~~<"':i ::~~<," . ',:\;
'," ,! t >1' I~' ";, :,< :, ". ,
,:..; O:SCHO..... Any ',scro... agent ("Agenl") receiving lundsorequivalent isauthorizadandagreeaby.ccepla ceoftnamto, ... em promP1ly a.nd 10 hold Ihem In escrowand,subJecttoclaarance,
I;) clst;..;r~E< IhclTI 'II accordllnce with terms and conditions of Contract. Failure 01 Clearance of fundt anaU CltaXQLIH "rtormlrie.'by Buyer, If In doubt as to Agent's duties or liabilities undar the
>,ru"S':.Jns QI this Conlract. Agent may, III Agent's sole discretion, continue to hold the lubJect malter of tll' e rowunfU tl:1e Pa.r1.1J$J1!utu.lJy agrellc Ittdlsburaement, or unUleludgmant of a court of
'~';"';Ji-llullt Illri~d.cllon s~'all determine the rights of the parties or Agenl may deposit the lunds with thecl.rkOllhecl~ltcoUrl.h.vl~g Ju,l~lctlon 01 the dispute, and upon notifying all parties concerned
.;1 $ ".11 aClion. all :,ability on lhe part of the Agent shall lully terminate, exceptio tha exlent Of accounting f ~'ny IlImIPrevJ,ou,lydellvered oulofeserow.lla IIcenaed raal eltate broklr. Agent will
1:""';.1' y wnh prqV'StOnS 01 Chapter 475, F _5, (1965), as amended. Any suit between Buyer and SeU.r w:haf!ganl la madl! a partY"becaule of acting a.Agent hereunder, or In any suil wherein Agent
,rikrplef'-ds the SUC)(!ct matter 01 the escrow, Agent shall be entitled 10 recover reasonableetlorney'. feeaan' CO.ta incurred,thefeaaand COlts to bacharged and a......d "court cOil. In lavorol the
pro)';aI1Il'g parly. f'arties agree thaI Agenl shall not bo liable to any party or person lor misdelivery 10 Buya,r rSeUerOfJleTt,'_~bj~to thIs escrow. unlaSlsuch miSdelivery Is due to wUllul breach of
Cprlloact Ot gr(Jss negl'gllnce 01 Agent., , " :OJ J/\ :;fU!t:,I:;Jrt'pt,;:, ;::ll1::-*:,,L:; _
R A TTOR.~EY FEES; COSTS' In any litigation ariSing oul 01 Contract, the prevailing party shall bla~tltle t~:~~:~a~~~~,~t'f... ,.!'Id"costl,
S F AlLURe: OF PERFOI,MANCE. I I 8uyer laiis to perlorm this conlract within the time specllled-(lnCliJdingp ymiint of.nJe~.ri(.)r;the'Ct~po'lt(i) pald'by Buyer may be relalned by orfortheeccoun1
01 Seiier.ls ..glel~d upon liquidated damages, consider{ltlon for the execution 01 thIs Contrect end In full 11m ment of anyclllmSi whereupon, Buyerand Sellarahall be relieved of all obllgallons under
Ce>nlract, 0' St'!lier, at Seller's oplion, may proceed in equity to enlorce Seller's righlS underthia Contrac;t, If, I , any reeaon oth"rlhan tallure of Seller to m.ke Sellar.tltla markatableafterdlllgantaflort.
S"lhH la:.s, negfects or refuses to perlorm this Contract, the Buyer may seek specific parlormance oralaelt receive the r,turn 01 Buyer'sdeposIICI) Withoullherebywalvlng anyaellon lordamaget
reSulI,ng from Seiler's breach
{"'."'::
T CON T ;~ACT NOT RECORDABLE: PERSONS BOUND; NOTJCE: Noither this Contract nor any notice of Ihhan be reoorded In eny public records, Thlt Contractshall bind and Inureto tha benelll 01
:ne pMtles and thl<ir SUCC(;S~OrS In interest, Whenl;lver tne context permits, singular shall includo plural and onegendershall Include .11, Nollce given by Orl9the attornay lonny party shall beaseffectlve
d ,,', Ii cl'" "11 [:.y or I () \/111 t p<H'1y j ~, ,
',;G','/['{ ^"NCr: Setler shall convey lotio lo ROill Pmper1y by slatutorywomlnty.trustee's, personal repres,nlallva'lorguardlan'. deed. as approptiate 10 the flatus 01 Seller. sub/act only to matterl
r.;",':Jlnllcj >1\ Piiragfaph VII a'ld t11O$0 olllerwist' ilccopted by BUyer, Personalty shall, ilt request 01 Buyor. belranslerred byan abloluta bill ,ofsal.wllhwarranly 01 titte, subject only loauch matters as
"1;;y hll olherWlse prOVided lor hare"" ; , : , ""l "_ "",' ":'~,_ :'. .
f..,. ,""', .-,.:'" :-,,'-',,:'/"":,':\ -'~', ,"'; ""'-"""'~'
'" OT HEn AGREEMENTS No prior or presentngreaments or representations shall be binding upon Buyer or seller'unle.SfnCIUdedln,thl. Contr'Cl NomOdillcatlon erchange In thla Contractshell be
"<1:,,1 or o.r;dn'l9 upon the panics unless in writing and execuled by tho party or parties Intended to be ~~,j~ 11.,: "" ,,4 :f4i,4:~,'\,ni~::~~,';(;:,,;, ~)"':;-\":~'" , I
'/,. WAflRANTIES. Seller warrilnl$ thai there arc no lacts known to SeUer materially alfecllng the vatuaoflhe Real PropertYWh,19h l!!nl nofraadlly oblervabie by Buyerorwhlch have not been dlaclcs"ed 10
3'..c~r , :"";";ii~'(~,~~~~:,,,'~~;: "J ':,:'::):';;~',:~Jt-:'",,, ' .'
~ COA::; I Al CONSTIlUC1ION CONTROL LINE ("CCCL"} RIDER; If Contrael is utillzt)d for the lale 01 Pr ptrtYlffec:leljl by tha CCCL; Chapter 181, F.S.. (1985), as amended, will apply and CCCL
H"~'2' oll'qu,,,ail.'nl shall be ;IltaChed, r':~'f":i;L," "':, .', :"" ",," , " :~~
' c O"""N INVEST MENT IN nL,.,L PROPERTY TAX ACT I"FlnPTA")RIDER. Th~p.",...h.llcom.'yw'l lj1,~p~~ ,q,~,.~l,.F l_ft,PT ";~," tjd".e~p,"ca,: 'ble ~,ulallonawhlchCOUld requlreSallerloprovlde
;,Cu':'Ollijl ~a$h al clOSing to meet w'thMI:::lo"g reqUirements, FIRPTA Rider or equlvatent ehall be 8tlaChld'il~~~:L"'!"~~','~~,;~;,;~~~';>:"'J~;ff: \;1l: '
? :>[.... // A...L Buyer shafl ~ ,.w~ Ihe nghllo Mve the seawllJl Inspected by a I!cenaed contrector at Buy.rs ex anle.butlha ~CO!l1ll!tl. luch Inlpec!ton on orbefora 10 day. prlortoclOllng.ln the event
" (' S.o'ler d,sagrees Wltr. Buyer s If'Ispectlon reports, Se!lershall have the right to have Inspectlonamadeethll t.lntheeve/11 BUY!i!'.and Sellarlln.pectlon reportadonotagree, the pal1l..shaUagree
01' " !hlrd ,nspector, whosa report shall be binding upon the parties. The cost ollhethjrd~~~p~ctor .hall i"~:~~\;~~~JI'~~~b~11~"~~uyer a~d;,,~lar. If tha leawallls deemed to need repair or
rl"p!,lcemt'nt m the opinion oj the contractor, Sell'.lr agrees to repair or raplace the seawall prior loclo.lng, ut not to eX_lh',tum of $ . '- . ."\,..: .If the cost
,)! r(!palr oJ' rQP:acem. ent sholl e~c(:ed the aloresaid sum, Boyer shall have the righl to clo18 and pay any. '... 110.', .u.,m n~c, ''''ryJo~'palr o,r fOpl,ac. .,th....eawall. or ahall hav. the rlghl to cancel the
:~,;~~~~.~~~~~:,;::~:::; ~~~:; ::'~;~~:::I'O .oy oIllh. ...on" 01....;,., ".I8OOm..t OUb";U';';~,;~;igtj;f .'" ". jj;i~i"'" .h.1I .'''''''0 Buy.. .no, lo.'o,'ng..
Gimelstob.~.,~eHttgfnes,
Realty Inc. I I L. ,..., and Gardens@
Corporate Headquarters. 7035 Beracasa Way (Corner of Powerline [,. Palmetto Park Road)
Boca Raton. FL 33433 (407) 392.2822
ADDENDUM TO SALES AGREEMENT
IN REFERENCE TO AGREEMENT OF SALE BETWEEN
St"p-vp- Curie:
PURCHASER, AND
r.it'y nf Dplr;:'lY
, SELLER, DATED
COVERING THE REAL PROPERTY COMMONLY KNOWN AS
Lots I and II Block D
Tnhn R Rpin'~ Village
SE corner of Venetian & Miramar Streets. Delrav Beach. FL
,HE uNDERSIGNED PURCHASER AND SELLER HEREBY AGREE TO THE FOLLOWING:
sfact.or t.ests for soil bear in
erculation and an other tests
for the intended use of construction of 15 units.
THE HEREIN AGREEMENT, UPON ITS EXECUTION BY BOTH PARTIES, IS HEREWITH MADE AN
OMeO >~ ~
X PURCHASER ( ~ .
PURCHASER
INTREGRAL PART OF THE AFOREMENTIONED AGREEMENT OF SALE.
/ t.- h") /?1
SELLER Gt~d[ {LyrJ:u;;/-,~
"'.~
DATED
SELLER
\HTNESS A.A-'t ~"",.u.~
AGENT
WITNESS
,
LETTER OF INTENT
NIJVeftlbe,- 15~1989
Fr-ank f:3pensE2
l:ity [I-f Delray Beach
l()O Northwest First Avenue
Del.ray Beach, Florida 33l~44
SLIBJECT PROPEf~TY~ Parcel 2~ Soutlleast CQrner Lot oi Venetian
and Miramar' Streets.
LEGAL DESCRIPTION, Lots 1 and 2, Block D, John B. Reid's Village
(PB21 Page 95) Palnl Beach CCIIJr1t)1 P'.Iblic Records
The Lllldersigned hereby ma~~es an offer of $ 450,OOCI.OO for the
sutlject prDperty~
Thj,s- It:.lttf:~~\'- lfJill bt"? conditior'\al upon the follD\..,lii"lg tel-ms:
::,(ll_~: 1='fU CE
G\f3H !--IITH OFFEF:
'" 1 8T 1'10RTC3AGE
BALANCE ON CLOSING
$ 450,000
$ 10,000
$ 375,000
$ 65,000
.~ - First mortgage o'f $375,000 interest orll~ at 10 X,
~3 Y~2(-::1r' balli)on.
Clc1sillg orl or atlout JanLtar-~ 3(1, 1990.
1'his offer is from Steve Curie as an individual for a cORlpany
to be incorporated.
--~~--=-------
"_ ,_,Ll) 1(_
,ji tness:
r)~~~;~)Js~1;~,~~~-~~------_._._-
F~ealtclr---Associate
GiIJ\~l~jtob Realty If"le.
~~ Ilh7/~f
//.''-1' 11-<<
~?~
l
~
.
. ,
ADDENDUM TO LETTER OF INTENT
Nc,vernber 22,1989
F'f"ank 3pl.~n~:~.f::.\
(:i'ty of Delray Beach
:!.elO Nort~\west Fir-st AverluP
Delray Beact'l~ F'lorida 3344l~
~3UE{J'ECT pnCJF[7.:F~;TY: F'ar.cE:.l 2 ~ Bou theast Cor-nero j".D t of Veneti. an
itnd ,,,, i jn,;;":imar' Stl-eets.
LEGAL DESCRIPTION: Lots 1 end 2, Block D, John 8. Reid's Village
(PEl,.?l F'acl€'~ 95) F'alm BCI-3ch COUI'"lty F'ublic F\ec::of.rJs
REF'ERENCE: Let'ter- of Intel"lt frolo Steve CLIY"ic dated l~c,vember 15~1989
Mj-h Curie will ay-range his OWI-. 1st jTIOy-tgage if the City O"r Delray
8eac~) does not wish to C2r"ry allY 110te itself.
'The adjusted conditions WOltld be:
f)(:)LE PF\ I CE
CAf3H ~.JI TH OFFEF,
* 1 ST MCJRTU(,\GF
BALANCE ON CLOSING
$ 450,000
:t~ 10 ,000
$ 375,000
$ 65,000
~ - First mortgage to be arrairlged by the buyel-.
C;lc:,sil-lg 01-' 0\- abolAt FeLlY-Uar"y 20~1990
Tllis [Iffsl'- is fY-Ofll Steve CuY-ic as an individL\al fCJr- a cOfnpany
to be incorporated~
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T I UN OF (::L. I EI\IT
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Nove!nber 24,1989
Fl-B.\"'Il-: ~.:)pE~n':"3i?
City (,"f Delray Beach
j,OO I~or.thwest First Avellue
D91~ay Beach, Florida 33444
F:E:I:::'EnE:I\ICE~ F'd\'"cE~l ;?, E;(tLlt:t'I€~a5t Cc.r-nf?l~ Lot of Vf~f;eti8.1'1 anel Nir'eljn~jr' St:l"el~ts.
LEGAL DESCRIPTION, Lots 1 and 2. Block D. John B. Reid's Village
(PB21 F'~ge 95) Palm Beach CC1Ullty PlAblic Rec[I\'-ds
F'lease l-egisiter- ttle fc~llr)~~irlg irl(jividualfor ttlP pLlrr:t'lase of tt"le above
('ef~::!-I-E':'('\Lf2cl pl"Clpf:.~'I" ty ~
bTr:oVE~ cur( I C
C:Dr'd:'l.~:(11,/~
.,_j)1.1~k_/Lk~~_________
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Realtor-Associate
Gimelstob Realty Il-le.
7461 N.'Feder2l1 Highway
Suitl!! B)
Boca Raton. FL 33487
OFrE' (407) 24',6222
RE (407) 994.6468
DOROTHY "KONNIE" SEVERSEN m
SALES EXECUTIVE AE....l 'OR'
Gimelstob .~Better
Realty rnc I I iflII H2J n~~@
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"RSSOClflTfD
PPRflJ'SERS
&. conSUL TAnTS IOe.
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JAMES R. BRANCH. SREA. MAl
JOE R. KERN. SRA
KENNETH J. KISSEL, MAl
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ASSOCIATES:
MARCIA M. BRANCH
WILLIAM W, BRANCH
KATHLEEN A. CROMWELL
VIRGIN'A S, GRAF
AUDREY J, HORSEFIELD
DONNA M. KERN
ANTHONY J. REICH, MA'
F, L, RODGERS
MARSHA H. C'OFFI
January 3. 1989
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Herb Thiele. City Attorney
City of Delray Beach
310 Southeast I st Street. Sui te 4
Delray Beach. Florida 33483
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Dear Mr. Thiele:
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Pursuant to your request. we have completed an appraisal of tha property located
at the southeast corner of Mlramar Street and Venetian Driva. We estlmatad
tha subject's current market value of the fee simple Interest based on 10 and
Iii developable units and based on the data available regarding the minimum
amount of site work necessary to develop tha site. A detailed discussion on the
assumptions necessary to estimate the subject's value ara In the Pralude to Value
saction of. this report. Based on the above. the estimated values of tha subject
as of December 15. 1988 are as follows:
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15 Developable Units
$"~O.DDO.
siao. 000.
II
10 Develupable Units
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This letter Is made a part of the attsched appraisal report. which includes a
dascrlption of the property appraised and a discussion of the analyses snd
conclusions involved in the valuation of the property. This report Is subjact to
the Assumptions and Limiting Conditions contained herein. particularly items
No. 26 and 27.
!
Respectfully submitted.
G?'~;'~
K." K"*'
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-APPRAISAL Rt~ORT
RSSOCIRTfD
PPRfllSERS
Prepared For: Herbert W. Thiele. Esquire
City Attorney
City of Delray Beach
Property Address:
SW corner Venetian Drive G Miramar Street
11211 Prosperity Farms Road
Suite 202B
Palm Beach Gardens, FL 33410
(305) 694.2222
Delray Beach. Florida 33'1'1'1
GENERAL DATA
Legal Description Lots 1 G 2. Block D John B. Reid's Village (PB 21. page 9SJ. Palm Beach
County Public Records
Owner of Record City of Delray Beach
Purpose of the Appraisal To estimate the current market value of the subject property.
Function of the Appraisal This appraisal is to be used in conjunction with marketing the
subject pro~erty.
Definition of Mar et Value (See Correlation/Summary Pg,)
Property Rights Appraised Fee simple title. unencumbered
Date of Appraisal December IS. 1988. ,
Zoning RM 15; MUltiple-fsmily Dwelling District. City of Delray Ba~ch. Florida.
Highest and Best Use (See Correlation/Summary Pg. for Definition)
Multi-family residential development.
Total Assessed Value (19 88 )
$ '159.089.
v
Total Taxes
$ exempt
Folio # .12 '13 '16 1 B 1'1 00'1 0010
Flood Zone A5; Area of 100 yearFlood plain; community panel 11125102 OOO'lC; City of Delray
Besch. Florida. Census Tract - 7'1.01
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History The subject has not sold In the past 5 years.
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MEMORANDUM
TO:
MAYOR DOAK C~~ELL AND CITY COMMISSIONERS
PI ~.........
FRA~SPENC, DIRECTOR, DEVELOPMENT SERVICES
FROM:
SUBJECT:
OFFER TO PURCHASE CITY OWNED PROPERTY
DATE:
NOVEMBER 28, 1989
-----------------------------------------------------------------
Attached for your consideration is an offer to purchase the City
owned parcel on the corner of Venetian and Miramar Streets for
$450,000.
The 1988 assessed value of this property is $459,089. The City's
most recent appraisal, done on December 15, 1988, was for
$430,000. The City's advertised asking price was $474,900.
The Realtor, Dorothy A. Seversen, of Gimelstob Realty, Inc., has
presented two proposals for financing after a $10,000 deposit,
one being all cash at closing or, if the Commission desires, a
five-year first mortgage of $375,000. Commission is reminded
that the proceeds from the sale of this lot will be used to fund
the construction cost of the new Fire Station No. #2 on the
beach.
Commission is reminded that they have agreed to pay a five
percent commission to the participating selling broker. This
amounts to $22,500. Therefore, the net proceeds after payment of
commission would amount to $427,500.
If the City Commission decides to accept this offer, the next
step would be to authorize the City Attorney to develop a sales
contract with the proposed buyer.
Dorothy Seversen and I will be present to answer any questions.
FRS:kwg
Attachments
cc: Malcolm Bird, Interim City Manager
Herb Thiele, City Attorney
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)NTRACT FOR SALE AND PURCHAS
PARTIES;- The CITY OF DET.RAY BEACH. a Florid::l rnl1niripal suhdivision ,("'SI'lh"I.
of 100 NW First Avenue. Delrav Be;lC'h... Fl nrid::l (Phone 243-7090 )
and WIT J. T AM H. BRADLEY ,{"8w.n,
0' 1009 Nassau Street.. Delrav Beach. Florida ;3483 {Phon. 278':5278 I
hereby agree thai the Seller shall sell and Buyer shall buy the fOllowing rea! property ("Real Prooertv") and personal properly ("Personaltv.,) (COllectively "ProperlY") upon the followlI1(j
terms and concllllons which INCLUDE Ill(' Standards for ~eal Eslnte Transnchons prmted on the reverse or <1ttachcd ("Stnllclnrdls)"') tlnd ,1I1y <1dnelldllm to Ihls U1Slrunlp-nl
I.
Palm Beach
DESCRIPTION: (a) Legal description of Real Property located in County, Florid;:!
Lots 1 and 2, Block D, JOHN B. REID'S VILLAGE,. according to t.he Plat
in Plat. Book 21, Page 95, of t.he Public Records of Palm Beacr County,
thereof recorded
Florida.
(b) Street address. city, zip, of the Pronerty is:
(cl Personalty None
Southeast corner of Venetian and ~liramar Street, Delray Beach, FL
II. PURCHASE PRICE,
PAYMENT:
(a) DepoSit{S) to be held in escrow by City of Delrav' Beach
(b) Subject to AND assumption of mortgage in good standing in favor 01
$ 474 .900.00
in the amount of $
10.000.00
having an approximate presenl principal bal,lnce of $
(c) Purchase money mortgage and mortgage note bearing annual interest at % on terms set forth herein, in amounl of . ,. s
{dIOlhe" ' e wi in 1 d s f the Effective Date $ 37,490.00
(e) Balance to close (U,S. c Y RAWN certified or cashier's check), subject to adjustments and pror~tions . $ 427.410. 00
III. TIME FOR ACCEPTANCE; E ATE: II this offer is not executed by and delivered 10 aU parties'OR FACT OF EXECUTION communicated in wri'ting between,the parties
on or before December" 1989 , the de~osi't(S) will, at Buyer's option, be re:turned to Buyer and the offer wit~drawn
The date of this Contract l 'Effective Date ') will ~e the date when the last one of the Buye,r and the Seller has signed this offer.
IV. FINANCING:
obtaining a written commitment lor the loan within days from Effective Date, at an initial interest rale not to exceed ~'o: term 01 ye:ilfs:
and in the principal amount of S . Buyer will make application within days from E.ffective Dale, and use reaso nee to ot;ltain the loan com-
mitent and, thereafter, to meet the terms and conditions of the commitiment and to close, the loan. B';Jyer shall pay all ,loan ex uyer fails 10 obtain the loan commitment and,
nromPtly notifies SI!lIer in writing. or aft~r dilige:nt effort fails to meet the lerms and conditions of the com' r to waive Buyers righls 1I1lcjer IhlS subparagraph within the lime
stated for oblaining the commitment, then either parly mCl.y cnncel the Contract and Buyer shall e the deposit(s)
(b) The existn"lg morlgage described In Par.:lgraph 11th} above has (CHE {2)): (1) 0 a variable interest ra!~ OR (2) 0 a f'J(ed interest rate of "10 ON anllum
At time of title transfer some fixed interest r<ltes are subject se, If increased, the rate shall not exceed % per <lnnum. Soller shall, within
days from Effective Dale, furnish a sto.tentont from agcp-s stating principal balances, method of payment, inlerest rale and status of mortgages. II Buyer 11as agreed to assume
a mortgage which reqUIres approval y tt-e mortgage? for assumption, lhen Buyer shall promptly obtain all required applicatiofls anC! will diligently complele and return them
to the mortgagee. A chargers) not to exceed $ shall be paid by (if not filled in, equally divided) If the Buyer IS not accepte<1
by mort requirements for assumption are not in accordance with the terms of the Contract or mort.gagee makes a charge in excess 01 the slated amount,. Seller or
V. TITLE EVIDENCE: At least d.'lysif>e.lero@o-ele~,~@o: S,*lfetShall, at ~t1er'Er~~nsp., deliver if Buyer 'or Buyor's <ltlorney. in ,1r.corc1<lnc~ .wilh SI,1ndi'lrd A. (Check r1 i
or (2)): (I) 0 abslract of lltle OR (2lrn lllle 1l1SUr<:lnce commllment. a trleet a~tacneiJ\vJde8-J~rrf
VI, CLOSING DATE: T'" Ii tr, ...1. al<1all B8 eleaea Ii 3 11-18 elee! .::I fit"! (l'ea' ~ ...J.....!l L. .Lr _ _d ~. , ~ '."y _~k.., w~ [:" .., w ... vv ..'V" v' (;v" _,d
VII, RESTRICTIONSi EASEMENTS; LIMITATIONS: Buyer shall fake title subject to: zoning, restrictions, prohibitions and olher ,requil'ements imposed by governmental Cluthority, rCSlflction$
and mailers appearing on the pial or otherwise common 10 the subdivision; public utility easements of record (easements arc to be located contlvlICllS to RC.JI Property lines ,':'(1
not more than 10 feet in widlh as to lhe rear or front lines and 7'l.. feet in width as to the side lines, unless otherwise speCified hcre,Q): to-xos fOf year of closinf,j <1M subsequenl
years; assumed mortgages and pllrchi1se money mortgages, if any: other: none
provided. that there exisls at closing no violation of the foregoing and none of them prevents use of Real Property for RM-l I:) znninp" purpOse~s)
VIII. OCCUPANCY: Seller wanDnts that there are no parties in occupancy other than Seller, but if Property is intended to be rented o~ occupied beyond closing, the tact and term')
thereof shall be stated herein, anC1 the tenant(s) or occupants disdosed pursuant to Standard F. Seller agrees to deliver occupancy of Property <It time ot closing untess otherwise
stated herein. If occupancy is to be delivered before closing, Buyer assumes alt risk of loss to Property from date of occupancy, ,shall be responsible and liable for maintenance from
that date, and shall be deemed to hDve accepted Property in their existing condition as of time of taking occupancy unl~ss olherwise slated herein or in a separate writing
IX. TYPEWRITTEN OR HANDWRITTEN PROVISIONS: Typewritten or handwritten provisions shat! control all printed provIsions of Contmct 111 confl:ct with them.
X: INSULATION RIDER: If Conlract is utilized for the sale of a new residence, the Insulation Rider or equivalent may be <lllachcd '
,
XI. COASTAL CONSTRUCTION CONTROL LINE ("CCCL"I AIDER: If Contract is utilized for the sale of Property affected' by the CCCL, Chapter 161. FS I t985), as <ltJ\ended,
shall apply and lhe CCCL Rider or ~quivalent may be attaci,ed to this Contract.
XII. FORErGN INVESTMENT IN REAL PROPERTY TAX ACT I"FIRPTA") RIDER: The parties shall comply with the provisions of f-"IRPTA and a'pplicabfe rogujations WhlCll c:JUld
require Seller to prOvide adejitiona; cash at closing to meet withholding requirements, and the FIRPTA Rider or equivalent may be dltac,hed to tllis Contract
XIII. ASSIGNABILITY: (CHECK (1) or (2n: Buyer (1} 29 may assign OR (2) C may not assign Contract.
XIV. SPECIAL CLAUSES: ICHECK 111 or (2)): Addendum (1) IX} is attached OR (210 is not applicable.
THIS IS INTENDED TO BE A I.EGALLY BINDING CONTRACT.
IF NOT FULLY UNOERSTOOD, SEEK THE ADVICE OF AN ATTORNEY PRIOR TO SIGN'NG,
THIS FORM HAS BEEN APPROVED BY THE FLORIDA ASSOCIATION OF REALTORS AND THE FLORIDA BAR
Approval does not constitute an opinion that any of the terms and conditions in fhis Contract should be ,accepted by the parties in a particular transaction. Terms
and conditions should be negotiated based upon the respective interests, ob;eclives and bargaining positions of all interested persons
COPYRIGHT 1988 BY THE FLORIDA BAR AND THE FLORIDA ASSOCIATION OF,REALTORS,INC '
-c!'l'1' OF"'DELRAY BEACH
/...2/y?9'j7 Date
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By.
(Seller)
Date
Social Security or Tax I.D. ftI
Social Security or TD~ I.D. #'
(Buyer)
Date
(Seller)
Date
Social Security or Tax J.D. (1
Social Security or Tax 1.0. #'
Deposit(s) under Paragraph If re'ceived: IF OTHER THAN CASH, THEN SUBiECT TO CLEARANCE. (Escrow Agent)
BROKER'S FEE: (CHECK & COMPLETE THE ONE APPUCABLE) By:
:J IF A USTING AGREEM~~-r:_I~Ql!~~~Pfl'LY IN EFFECT;
Seller agrees to pay the Broker named below, indudmg cooperating sub~agents named. aCcording to the terms of an existing, separate lisling agreement:
~ IF NO L1S"nNq AQRE~~~'TJ~.c~~~~~,N1J~Y)~ ~F~qr.:'
~Seller shall pay the Sroker n.:lmed below, al lime or clOSIng, from the disbursements of the proceeds of the sale, compensation in t~ <llTlount of (COMPLETE ONLY ONE)
~ % of grossputchase price OR $ ,for Broker's services in effecting the sale by finding the Buyer ready, Willi,;g and able to purChase pursuant to the foregoing
::ontract. If Buyer fails to perform and deposil(s) is rc!lained, 50% thereof! but not exceeding the Broker's fee above provided, shall be paid Sroker, as 'full consideration for BrOker's
iervices including costs expended by Broker, and the balance s!,!all be paid to Seller. If the transaction shall not cfos,e because of refusal or failure of SeUer to perform, SeHer shall
Jay the full ~e to Broker on 'de,mand. In any litigatio~,Yjng our of the Contract concerning the Broker's fee, the prevailing party, shall recover reasonable attorney fees' and costs.
I ,,' ;. .,
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(name 01 cooperating sub-agent)
(Seller)
(Scllnrl
ADDENDUM TO
CONTRACT FOR SALE AND PURCHASE
SELLER:
The City of Delray Beach
BUYER:
william H. Bradley
PROPERTY DESCRIPTION:
Lots 1 and 2, Block D, JOHN B. REID'S
VILLAGE, according to the Plat thereof
recorded in Plat Book 21, Page 95, of the
Public Records of Palm Beach County,
Florida.
A. This Agreement and the closing hereon are subject to and
contingent upon the Buyer obtaining a satisfactory environmental
audit of the property, and replatting of the property and site
plan approvals from the Seller allowing for 15 zero lot line lots
accommodating 15 two-story residential townhouse units in a
configuration reasonably acceptable to Buyer, and to all other
approvals from City agencies and boards required preliminary to
issuance of building permits for said 15 units. The Buyer and/or
Seller agree to use all due diligence to submit, follow up on
and/or orocess applications for such approvals, such applications
to be made at the sole cost and expense of Buyer. While Seller
shall cooperate with the Buyer in processing such applications,
it is agreed that Seller, its agencies and boards reserve the
right to disaporove of any plat, plans and applications submitted
by' Buyer during the review process, without prejudice to Buyer to
resubmit amendments to resolve any conflicts; approvals or
conditional approvals, once given, may not be subsequently
revoked prior to or upon closing of this transaction. The
Seller/City and its boards and agencies may condition their
approval only on actual closing of the subject transaction. In
the event such approvals can not be obtained on or before the
closing date despite the due diligence each party agrees to use
in submitting and processing approval applications, this Contract
may be canceled by either party hereto in which case, Buyer's
deposits, and interest accrued thereon, shall be paid to Buyer.
B. All deposits hereunder shall be placed in an interest
bearing escrow account in Sun Bank/South Florida, N.A., with in-
terest to be credited and/or paid to Buyer upon closing or cancel-
lation of this Contract for failure of contingency or other
permitted reason (e.g. title defects). In the event of Buyer's
default, entitling Seller to retain the deposit, Seller shall be
credited and paid such interest.
C. This transaction shall be closed 10 days after resolution of
the contingencies set forth above but, in any event on or before
6 months after the Effective Date hereof, provided, however, that
if Buyer has diligently pursued resolution of contingencies,
Buyer at his option, may extend the closing for up to an
additional 60 days in order to obtain any approvals that, despite
Buyer's best efforts, could not be obtained within the original 6
month period.
CITY OF DELRAY BEI'd
~Wf1
/
~- -
illiam H. Badley
By:
SPINNER, DITTMAN. FEDERSPIEL S. DOWLING
501 EAST ATLANTIC AVENUE.. DELRAY BEACH, FLORIDA 33483. - \407) 276.2900
at l .' l
",,,,,,,,,,,% P urn Rea t~ INC
101 SOUTHEAST SIXTH A VENUE. DELRA Y BEACH, FLORIDA 33483. (407) 272-3003. (407) 736-8088, Fax (407) 272-3047
December 8,1989
City of Delray Beach
This letter is to inform you t.hat. Plum Realt.y Inc. represents
William Bradley as our client regarding t.he cont.ract to purchase the
property on t.he Sout.heast Corner Lot. of Venetian and Miramar Street.s,
legally as Lots 1 and 2, Block D, John B. Reid's Village (PB 21, Pg 95)
Palm Beach City Public Records.
Sincerely, ,7
//1; /, ;~" ) i ,I;'
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. . . ~.
.' Michael K. Plum
REALTOR
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Gimelstob.~Better
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REALTOR~
CONTRACT FOR SALE AND PURCHASE
PARTIES:
City of np.1Y~y Rp~~h
1 no Nnrt-ln.u.C1.t' li'iY'ct A'T~T111q I D91I'~I":t B9;a~h~ it 3~~
Steve Curie
, ("Seller"),
).
, ("Buyer"),
(Phone ),
her:~y agree that theSellershall sell and Buyer shall buy the following real property ("Real Property") and personal property ("Personally") (collectively "Property")
upon the following terms and conditions which INClUOE the Standards for Real Estate Transactions printed on the reverse or attached ("Standard(s)") and any addenda.
I DESCRIPTION' (a) Legal description of Real Property located inpalm Beach County, Florida:
Lots I and II. Block D John B Rpin'~ Vill~gp
(PE 21 Page q, p,qlm Rp::l:f"'n r.ollnry "Pun';"" R.,:>t"nT"rlCl.
(b) street address. city, zip. of the Property is: SE corner of VeT1Pt"i;:aT1 ;:aT1n Mi r;:am;:ar St"TPP.t"~ r np 1 T;:ay Rp~f"'h
Ic} Personalty:
0'
aod
PURCHASE PRICE .F.oux ..hundxed ..aud..f,i-f,ty.. thousand.. doLla,rs---~----" $ I. 'in, nnn nn
PAYMENT, Upon acceptance of contract
(a) initial deposit to be held in escrow by intheamountof.......... $ 10.000.00
(b) Additional de~~Wlin days after acceptance to be deposited in escrow $
(c) SubJectt~K~tt}l! mortgage In good standing In favor ot T.pnni ng TT1~t"; t"11t"; nT1 $
~_____ having an approximate present principal balance of. $ 375.000.00
(d) Purchase money mortgage and note bearing annual interest at % on terms set forth herein, in amount of $
(e) New mortgage $
(f) Other $
(9) Balance to close (U.S cash, lOCAllY DRAWN certified or cashier's check), subject to adjustments and prorations $ 65.000.00
III TIME FOR A<..;CEPTANCE: EFFECTIVE DATE' Ji,!hi er is not executed by and delivered to all parties OR FACT OF EXECUTION communicated in writing between
the parties on or before Decemher ,the deposit(s) will at Buyer's option, be returned to Buyer and the offer
withdrawn. The date 01 Contract ("Effective Date") ill be the date when the last one of Buyer and Seller has signed this offer.
IV, FINANCING: (a) lIthe purchase price or any part of it isto be financed by a third party loan, th1i~ra~ditioned on the Buyerobtaining a written commitment for
the loan Within ~._ days from Effective Date, al an Inlllal interest rate not to exceedprp.... _=1lngo/lterm of at ieasl~ years; and in the principal amount
01 at least $ 17 C) . 000. Buyer will make application within 7 days from Effective Date, and use reasonable diligence to obtain the loan commitment and,
thereafter, to meel the terms and conditions of the commitment and to ciose the loan, Buyer shall pay all loan expenses, If Buyer fails to obtain the loan commitment and
promptly notifies Seller in writing, or after diligent effort fails to meet the terms and conditions of the commitment or to waive Buyer's rights under this subparagraph within
the time stated for obtaining the commitment, then either party may cancel the Contract and Buyer shall be refunded the deposit(s).
(bb The existing mortgage described in Paragraph II (b) above has (CHECK (1) OR (2)): (1) 0 a variable interest rate OR (2)}(a fixed interest rate of
~ % per annum. At time of title transfer some fixed Interest rates are subject to Increase. If increased, the rate shall not exceed % per annum.
Seller shall. within days from Elfective Date, furnish a statement from all mortgagees stating principal balances, method of payment, interest rate and
status of mortgages, if Buyer has agreed to assume a mortgage which requires approval of Buyer by the mortgagee for assumption, then Buyer shall promptly obtain all
required applications and will diligently complete and return them to the mortgagee, Any mortgagee charge(S) not to exceed $
shali be paid by ___ (if not filled in. equally divided.) If the Buyer is not accepted by mortgagee or the requirements for assumption are not in accordance with
the terms olthe Contract or mortgagee makes a change in excess of the stated amount, Seller or Buyermay rescind this Contract by prompt written notice to the other party
unless either elects to pay an increase in interest rate or excess mortgagee charges.
V TITLE EVIDENCE: At least ---2.0.- days before closing date, Seller shail, at Seller's expense, deliver to Buyer or Buyer's attorney, in accordance with Standard A.
A. IN BROWARD, DADE, MARTIN AND OTHER LIKE STATUTE COUNTIES: ABSTRACT OF TITLE
B IN PALM BEACH COUNTY TITLE INSURANCE COMMITMENT AND OWNERS TIWr''B'I!'t~'t''e''Df'~bruar 20, 1990 , '
Vi. CLOSING DATE: ThiS transaction shall be closed and the deed and other clOSing papers delivered on ,u;,tss extended by other provIsions of Contract.
VII. RESTRICTIONS; EASEMENTS; LIMITATIONS: Buyer shall lake title subject to: zoning, restrictions, prohibitions and other requirements imposed by governmental
authority; restrictions and matters appearing on the plat or otherwise common to the subdivision; public utility easements of record (easements are to be located contiguous
to RealProperty lines and not more than 10feet in width as to the rearorfront lines and 7'h feet in width as totheside lines, unless otherwise specified herein); taxes for year
of closing and subsequent years; assumed mortgages and purchase money mortgages, if any; other:
provided, that there exists at closing no violation of the foregoing and none of them prevents use of Real Property for mul ti-dwelliuQ: purpose(s).
VIII. OCCUPANCY: Selierwarrants that there are no parties in occupancy other than Seller, but if Property is intended to be rented or occupied beyond closing, the fact and
terms thereof shall ba stated herein, and thetenant(s) or occupants disclosed pursuantto Standard F. SelleragreestodeHverocCupancyof Property at time of closing unless
otherwise stated herein, If occupancy is to be delivered before closing. Buyer assumes all risk of loss to Property from date of occupancy, shall be responsible and liable for
maintenance from that date, and shall be deemed accepted Property in their existing condition as of time of taking occupancy unless otherwise stated herein orin a separate
writing.
IX. TYPEWRITTEN OR HANDWRITTEN PROVISIONS: Typewritten or handwritten provisions shall control all printed provisions of Contract in conflict with them,
x INSULATiON RIDER: If Contract is utilized for the sale of a new residence, the Insulation Rider or equivalent shall be attached.
XI ASSIGNABILITY: (CHECK (1) or (2)): Buyer (1)X:J may assign OR (2) 0 may not assign Contract.
XII SPECIAL CLAUSES: (CHECK (1) or (2)): Addenda (1) OCis attached OR (2} 0 is not applicable.
Deposit{s) under paragraph II received: IFOTHERTHAN CASH, THEN ITS EQUIVALENT~~UBJEC TOClEARANCE: ~:~~ to h Rea 1 ty. Tn ctE.scrow Agent)
By: ~_ J,~~__,--
-------- ---
^
THIS IS INTENDED TO BE A LEGALLY BINDING CONTRACT.
n;:OT FULL ~~DERSTOOD.~EEK THE ADVICE OF AN ATTORNEY.
~1'~ 30--~ate So"aISeC"nlyo,Ta<IO#
Date SOCial Security or Tax I 0 #
(Buyer)
ACCEPTANCE OF CONTRACT AND PROFESSIONAL SERVICE FEE
C IF A L.ISTING AGREEMENT IS CURRENTLY IN EFFECT:
Seller agrees to pay the Broker named below, including cooperating sub-agents named, according to the terms of an existing, separate listing agreement:
OR
rXlF NO LISTING AGREEMENT IS CURRENTlY IN EFFECT:
Seller agrees to pay the BrOker named below, at time oi closing, from the disbursements of the proceeds of the sale, compensation in the amount of (COMPLETE ONLY
ONE) --5- % of gross purchase price OR $ _ ,for Broker's services in effecting the sale by finding a Buyer ready, willing and able to purchase pursuant to the
foregoing Contract. In the event Buyerfails to perform and deposit{s) is retained, 50% thereof, but not exceeding the Broker's fee above provided, shall be paid to the Broker,
as fuil consideration for Broker's services including costs expended by Broker, and the balance shall be paid to Seller. If the transactlon shall notbe closed because of refusal
or failure of Seller to perform. the Selier shall pay the fee in full to Broker on demand In any litigation arising out of the Contract concerning the Broker's fee, the prevailing
party shall be entitled to recover reasonable attorney fees and costs.
Date
(firm name of Broker)
~impl~t"nh R~~lt"y,Tuc.
(n~e of cooperating sub-agent)
<>AJ~ ';;'A ,.--.-J
(Seller)
Social Security or Tax 1.0. #
By
Date
(authorized signatory)
(Seller)
Social Security or Tax 1.0. #
Gimelstob.~~eHtt6fnes
Realty Inc, I I L..'" and Gardens@
Corporate Headquarters, 7035 Beracasa Way (Corner of Powerline [, Palmetto Park Road)
Boca Raton, FL 33433 (407) 392.2822
ADDENDUM TO SALES AGREEMENT
IN REFERENCE TO AGREEMENT OF SALE BETWEEN
Stp..ve Cllrir..
PURCHASER, AND
r.iry of Dpl-r;:JY
SELLER, DATED
COVERING THE REAL PROPERTY COMMONLY KNOWN AS
Lots I and II Block D
Tonn R Reid's Village
SE corner of Venetian & Miramar Streets. Delray Beach. FL
THE UNDERSIGNED PURCHASER AND SELLER HEREBY AGREE TO THE FOLLOWING:
Subject. to satisfact.ory test.s for soil bearing. perculation and any other tests
necessary for the intended use of construction of 15 units.
THE HEREIN AGREEMENT, UPON ITS EXECUTION BY BOTH PARTIES, IS HEREWITH ~UillE AN
INTREGRAL PART OF THE AFOREMENTIONED AGREEMENT OF SALE.
'I DATED '>0 - / / 8"')
X PURCHASER (~~~ '
PURCHASER
DATED
SELLER
SELLER
WITNESS fl~I-A.v-#~
AGENT
WITNES S
AGENT
L.C rn:".I:';: UF I NTEIH
...~_........". .. .......--....-..........-.......-.....--..
t'k, \'F:'inh C"I" 1 =1,1 '::;'U9
Fri3.nk f:3penSE?
City of Delray Beach
lelO Northwest First Avenue
Del,ray 8eact)~ Florida 334't'~
SUBJECT F'RCJPERTY: Parcel 2, SOLJtlleast COY-fler tonol Qi Verletiall
arid Miranlar Streets.
I_EGAL DESC:RIPTI0N: Lots 1 arId 2~ Block D~ Jotll'l B. Rej,d~s Vi],lage
(PB21 Page 95) Palnl Beach CO\JI1't\' I~\jblic ReCOf"ds
Ttle lJndersigrled hereby makes arl offer of $ 450,(100.00 for ttle
subject proper"tyu
Thj.s. l€:~t:t:E~YM ltJill bFi' c:onditior"\al Ur)Ori the follol,~,lii"'(.:J tel-rn=.~
~3!-\I_F: I='f~ I CI"
CASH .JI TH OFFEF:
'K 18T l'1Uf\TGAI3E
BALANCE ON CLOSING
$ 450,000
$ 10,000
$ 375,000
$ 65,000
* _ First n\Of'tgage of $375,000 irlterest on],y at 1() %,
~5 YE~t:tr' bE\llDDn..
CI0,,;-,-,I.;:] on or' ",I::lOut Januar''y 30, 1(170.
l-his o'ffeY" is from Steve CU1"'ic as an individual for a COfnpaY1Y
to be irlCOr"porated.
--~~~------
~' .:.. . .... -~,Lll ].._
H i tn(?:~s ~
6l?;~;-,lJ~i~~--.---_.--_..,..._.
r:: f:' i~\ 1. ":.: ell" ... ('''l ~::) ~~~ () c: i .,:\ t E~
E1imE~l(jtub F:E'dl ty II'ie.
~.~ IIh 7 h'l
11.''f~ It-....
~,p~
ADDENDUM TO LETTER OF INTE~IT
---------------------------.----
t~clVejllber 22,1.989
Fcank f:3pi:::!n~::..f:2
City of Delray Beactl
100 Norttlwest First Avenue
Delray Beact'l, F"lc)cida 33444
SUBJEc"r PROPERTY: Parcel 2~ Souttleast COr"rlel- I..,ot [I"f Velletial"l
and Mil"anlar' Str"eets.
I_EBAL_ DESCRIP1ION~ L.ots 1 21-ld 2~ B],oc~:: f), JOtll'" D. f~eid~5 VjlJ,aqe
(F'B;.~:1. r:'€;\q€'::- 95) F'alm BC'3Cll C()l.l.I-'lty' F'u.blic F,t=:'C:Df'd~.
REFERENCE: L.et-ter- of lrlter'lt 'fl-Dln steve Cllf"ic (jate(j !~rlvember 15,1.989
MI-. Curie will arrange his OWll 1st A1Drtgage if the City o"f Delray
Beact\ does not wish to car-ry al'Y note itsel"f.
-rho adjusted cor,ditiollS wOlJld be:
S(:'lr, F'F~ I CE
Cf\SH \.-,1 I TH DFFEF,
,* 1. 8T 11Uf:;:nJr',\I3I::
BALANCE DN CLDSING
$ 450~OOO
$ 10,000
$ 375,000
$ 65,000
.~. - First mOf"tgage to be arrairlged by the tluyer.
Cl{)sil~lg Of' or ab(~\Jt FeLlY-ljar"y 2(l,1990
Tflis (,ffer is "f'y-orn steve CU1-ic as an irldividual fOI'. a comparlY
tel be incorporated~
j)~7~f-~~~~
,- .'"
REGISTRATION OF CLIENT
Nove!nbel- 24,1989
F:1-2.\'''lk ;::3ppn<;::';f2
City [I'f Delray Beach
j,(IO l~c)rthwes.t Fj,rst Averlue
Del~-ay Beach, Florida 33l~{~4
REr:ERENCE~ Par"eel 2, Soutt'least Cor\,'ler Lot of Ve~1eti211 arlcl Mil-afnar sereets.
LEGAL DESCF~IPrION= Lots 1 and 2, Bloct( D, JCltlrl B. Reid;'s Village
(PB21 Page 95) Palm Beach County Public F~ecords
Please regj.ster tt'ls fol.lowing irldividual for- tt'le IJllr(:~lase o'f ttle above
r'e1~erenl:ecl pr'clpel,.ty:
S'IE:.VE CUF( I c:
C:C:tr'di~::(lly~
....,l)1.1~kjLk. _~~__...____.__
Do 1- () t~'.~; ~;...~ rt~; s {= v e f' ::: e n
Realtor-Associate
Gj.melstob Realty Irlc.
7461 N. Federtll Highway
Suite B3
Boell Raton. FL 33487
OFrE' (407) 24'.6222
RE (407) 994,6468
DOROTHY "KONNIE" SEVERSEN m,
SALES EXECUTIVE RE....LTOR
Gimelstob .~Better
Realty InC, I I W H9,n~~~",
~? 1I/;}7/S-r;
!/;YOfft<,
~.'1 +-
~
.oRSSOClflTfD
P PPRfllSERS
, 6. conSULTAnTS lnc
JAMES R. BRANCH, SREA, MAl
JOE R. KERN, SRA
KENNETH J, KISSEL, MAl
ilk" ~~::,:' ,; 11 211 PflO~P(' . [AflMS' ROAD ~:SUITE ,2028.. 1;'.9. 'ij~* ~~t~~q; PALM BEAef! GAflbENS. FL 33410 ,
II
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January 3, 1989
ASSOCIATES,
MARCIA M. BRANCH
WILLIAM W, BRANCH
KATHLEEN A. CROMWELL
VIRGINIA S. GRAF
AUDREY J. HORSEFIELD
DONNA M. KERN
ANTHONY J. REICH, MAl
F. L, RODGERS
MARSHA H. CIOFFI
Herb Thiele, City Attorney
City of Delray Beach
310 Southeast I st Street. Suite 4
Delray Beach. Florida 33483
Dear Mr. Thiele:
Pursuant to your request. we have completed sn appraisal of the property located
st the southeast corner of Miramar Street and Venetian Drive. We estimated
the sUbject's current market value of the fee simple interest bssed on 10 end
I p developable units and based on the data available regarding the minimum
amount of site work necessary to develop the site. A detailed discussion on the
sssumptions necessary to estimate the subject's value are in the Prelude to Value
section of this report. Based on the above. the estimated values of tha subject
as of December 15. 1988 are as follows:
15 Developable Units
$470.000.
SJ80.000.
10 Develupsble Units
This letter is made a part of the attached sppraisal report. which includes a
description of the property appraised and a discussion of the anslyses and
conclusions involved in the valuation of the property. This report Is subject to
the Assumptions .and Limiting Conditions contained herein. particularly items
No. 25 and 27.
Respectfully submitted,
G?"~~~
K.o Kr,i'f
',""'J,." '.." ,~'" ,." "c"',."'. '" ... "t' elEPHONE 407 ~"J -;,?'L'2 i .' .
;t~~:al;~"'>!.j; r : ~~;iir.i:"r1~l,,~;tJt. '" "'I~'l.i":"\J~..'I; -y.~'t,~...,,,~ 'c.1io. ...... ....'.1
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.APP RAI SAL REP 0 RT
RSSOCIRTfD
PPR-RISfRS
Prepared For: Herbert W. Thiele. Esquire
City Attorney
City of Delrav Beach
Property Address: .
SW corner Venetian Drive G- Mirsmar Street
11211 Prosperity Farms Road
Suite 202B
Palm Beach Gardens, FL 33410
(305) 694-2222
Delray Beach. Florida 33444
GENERAL DATA
Legal Description Lots 1 G 2, Block D John B. Reid's Village (PB 21. psge 9S). Palm Beach
County Public Records
Owner of Record City of Delray Beach
Purpose of the Appraisal To estimate the current market value of the subject property.
Function of the Appraisal This appraisal is to be used in conjunction with msrketing the
subject pro~erty.
Definition of Mar et Value (See Correlation/Summary Pg.)
Properly Rights Appraised Fee simple title, unencumbered
Date of Appraisal December IS. 1 988. ,
Zoning RM IS: Multiple-family Dwelling District, City of Delray B.l..ch. Florida.
Highest and Best Use (See Correlation/Summary Pg. for Definition)
Multi-family residential development.
Tota.l Assessed Value (19 88 )
$ 4S9.089.
v
Total Taxes
$ exempt
FoUo # ! 2 43 46 16 14 004 0010
Flood Zone AS: Area of 100 year flood plain: community panel 11125102 0004C: City of Delray
."
Beach. Florida. Census Tract - 74.0 I
History The subject has not sold in the psst 5 years.
..~ '.
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CONTRACT FOR SALE AND PUllUIASE
PARTIES.-
The
100
,nd WTT J. I AM H. BRADLEY ,("8uye('),
01 1009 Nassau Street. Delrav Beach. Florida ~3483 (Phone 278-'5278 "
hereby agree that the Seller shall sell and Buyer shall buy the following real properly ("Real Prooertv") and personal properly ("Personallv") {collectively ,"Prooerlv") upon the following
lerms and conditions which INCLUDE the Stand,Hds for Real Estnte Transncliol1s printed on the reverse or nllachcd ("Slanclnrdlsl") ;J11d any ndciclldum 10 Ihls Instrument
CITY OF DELRAY BEACH. "-
NW First Avenue. DelrRv
Florio::! mllniC'.ipal
BeRC'.h... Florin::!
~tlhdivision
0'
(PtlOI'\C
. ("Sc'IIr~(').
243-7090 - "
L
DESCRIPTION: (a) Lcgol descnptlon of Real Properly located Ifl Palm Beach. County:, Florid"
Lots 1 and 2, Block D, JOHN B. REID'S VILLAGE" according to the Plat thereof recorded
in Plat Book 21, Page 95, of the Public Records of Palm Beac~ Count.y, Florida.
(b) Street address, city, zip, of the Prol1erly is:
(c) Personally: None
,
Southeast corner of Venetian and Miramar Street, Delray Beach, FL
fl.
PURCHASE PRICE.
PAVMENT:
(a) Deposit(s) to be held in escrow by City of Delrav' Beach
(b) Subject to AND assumption of mortgage in good standing in favor of .
..$ 474.900.00
in the amount of $
10,000.00
having an approximate present principal bal,'nce of $
(c) Purchase money mortgage and mortgage note bearing annual interest at % on terms set forth he~in, in amount of . ... $
(dl Othee: 'De aid within 1 da s f the Effective Date $ 37,490.00
(e) Balance to close (U.S. c Y RAWN certified or cashier's cheek), subject to adjustments and prorations. S 427.41'0.00
111. TIME FOR ACCEPTANCE: E ATE: If this offer is not executed by and deliverecl.to ~II parties' OR FACT OF EXECUTION communicated in wri'ting between.,the,parties
on or before December'" 1989 , the deposit(s) will, at Buyer's option. be re:turned to Buyer and the offer withdrawn
The date of this Contract 'Effective Date") will 'Oe the date when the last one of the Buye,r and the Seller has signed this offer.
IV. FINANCING:
Obtaining a written commitment for the loan within days from Effective Date, at an initial interest rate not to exceed %; term of yenrs:
and in the principal amount of S . Buyer will make application within days from Effective Date, and use reasol ence to ol;ltain the loan com.
mitenl and, thereafter, to meet the terms and conditions of the commitiment and to close. the loan. B~yer shall pay ~II ,loan ex uyer fails to obtain the loan commitment and.
promptly notifies S/;lIer in writing. or altt=)r diiigont effort (<Ii Is to meet the lerms and conditions of the com r \0 waive Buyer's rights lIncler this subparagraph within the time
staled for obtaining the commitment, thGn either party m2.y C.Jncel the Contrad and Buyer shall e the depasit(s). '
(b) The existing mnrtgagc described in P<lfJ,grafJh IIrh) above has (CHE (2)): (1) 0 a variable interest ralli OR (2) 0 a fixed inlerest rate of % Dcr nnnum
At time of tille tran!';fer some fixed interest rlltes <.Ire subject se.l! increased, the rale shall not exceed % per <1I1IlUm. Seller shall. willlin
days from EffGctivQ Date. lurlllsll <I statemcnt from agcp.s stating principal balances, method of payment, i,nterest relte and status of morliJ<l90S, If Buyer flas agreed to assume
a mortgage which requires aprroval y tre mortgagee for assumption, then Buyer shall promptly obtain all required applications anq will diligently complete and relurn them
10 Ihe mortgagee. An chargels) not to exceed S shall be paid by (if not filled in, equally divided) If the Buyer i~ not accepter!
by mort requirements for assu,:,ption a.re Ilot in accordance with t~ terms of the Contr~ct or m?rlgagee makes a charge in e~cess of the stated amount,. Seller or
V. TITLE EVIDENCE: At least dilYS'l\Je.~-e-eIeg,M~,-ffl:t.le-. S,*lIefShall, al ~ller'Br~~nse'1.eliver if Buycr 'or BUyer'S, allorney. ill ~ccor(t<1IlCC wilh SI<1l1d<1ld A. (Check rl)
or (2}): (I) 0 abslract of trlie OR '2d~ title msurance commitment. a trleet a\ eacifEfcf ~crderfJJhf
VI. CLOSING DATE: T'lij 'r!llijil(J'~ 6118.'1136 816611.14 ars II (! !lues fl !4 51"'8 alee' b ,!.!.,.!.L..(,. d~I:.~..(,.d ~, , "'. I....w.... ~nlw.....d I:,J '"!..'.... 1-"'".....:>...,,, "" (;)"",,,......1
VI\. RESTRICTIONS; EASEMENTS; LIMITATIONS: Buyer shall take title subject to: zoning. restrictions, prohibitions and other IreQuiremenls imposed by govGrnment<l1 authority; reslrictions
<lnd matters appearing on the plat or otherWise common to the subdivision; public utility easements of record (easements are to bE! located conllglJCus to Real Properly Imes '::\(1
not more than 10 feet in widlh <IS 10 lhe reur or front lines and 7'h feet in width as to the side lines, unless otherwise specified 11ereiJil); t.:1XOS for yeLlr of closinQ and. sllbSCllucnl
ye<lrs; assumed mortgages and purch<lse money mortgages, if any; other: none .
provided, that there exists at closing no violation of rhe foregoing and none of them prevents use 01 Real Property for RM-ll) zon in 9. purpose(s).
VlII. OCCUPANCY: Seller warrants that there are no ~arties in occupancy other than Seller. but if Property is intended to be rented 0: occupied beyond closing. the fact and terms
lhereof shall be staled herein, an(j lhe tenanl(s) or occupants dis"losed pursuant to Standard F. Seller agrees to deliver occupancy of Properly at time of closing unless otherwise
staled 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
lhat date, and shall be deemed 10 have accepted Property in their exisling condition as of time of taking occupancy unl~ss otherwise stated herein or in a separate writing
IX. TYPEWRITTEN OR HANDWRITTEN PROVISIONS: Typewritten or handwritten provisions shall control all printed.provisior,s of COI1trilct it) confllcl with them.
X; INSULATION RIDER: If Contract is utilized for the sale of a new residence, the Insulation Rider or equivalent may be attached. I
, '
XL COASTAL CONSTRUCTION CONTROL LINE ("CCCL"II=tIDER: If Contract is utilized for the sale of Property affected' by the GCCL. Chapter 161. F.S.. (1985). as alllended,
shall apply and the CCCL Rider or equivalent may be attaciied to this Contract.
XII. FOREIGN INVESTMENT IN REAL PROPERTY TAX ACT ("FIRPTA") RIDER: The parties shall comply with the provisions of rlRPTA and applicable regu,lations which COuld
require Seller to provide addiHonal cash at closing to meet withholding requirements, and the FIRPTA Rider or equivalent may be atl8c{ied to this Cl?ntract.
XIII. ASSIGNABILITY; (CHECK t I) or (2)): Buyer (1) eg may assign OR (2) C may not assign Contract.
XIV. SPECIAL CLAUSES: ICHECK (1) or l2}): Addendum (1) IKI is attached OR (2)0 is not applicable.
THIS IS INTENDED TO BE A I.EGALLY BINDING CONTRACT. .
IF NOT FULLY UNDERSTOOD, SEEK THE ADVICE OF AN ATTORNEY. PRIOR TO SIGNING.
THIS FORM HAS BEEN APPROVED BY THE FLORIDA ASSOCIATION OF ~EALTORS AND THE FLORIDA BAR
Approval does not constitute an opinion that any of the terms and conditions in this Contract sh04/d be accepted by the partics in a particular tranS<Jction. Terms
and conditions should be negotiated based upon fhe respective interests, objectives and oorgaining positions of al/ infercsted persons. I
COPYRIGHT 1988 BY THE FLORIDA BAR AND THE FLORIDA ASSOCIATION OF,REALTORS, INC I
- - - - - "'CI'r1' (IF-nELRAY BEACH '
/~/~( Date
By.
I
(Seller)
Date
Social Security or Tax 1.0. /I
Social Security or Talf 1.0. #
(Buyer)
Date
Date
(Seller)
Social Security or Tax !.D. It
Social Security or Tax 1.0. II
Deposit(S) under Paragraph j I received: IF OTHER THAN 'CASH, THEN SUB~ECT TO CLEARANCE. IEscrow Agent)
BROKER'S FEE: (CHECK & COMPLETE THE ONE APPLICABLE) By:
o IF A LISTING AGREEM~~lJ~,q,Y.J!!!,~!!TLY IN EFFECT;
serreragrees to pay the Broker named below. includmg cooperating sub.agents named. according to the terms of an existing, separate listing agreement:
~ IF NO LIST!PiQ_~~~E~!=!oIT_I~_q_~f!~~_N'!"~'t.I.~~~EqI;' I
,_sener shall pay the Sroker named below. at time of closing. from the disbursements of the proceeds or the sale, compensation in ttv! amount of (COMPLETE ONLY ONE}
~ % of gross' purchase price, OR $ , for Broker's services In effecting the sale by Ilnding the Buyer ready, willir;g and able to purchase pursuant to'the foreQoing
Cont.ract. .If B~er faiis, 10 perform <ll1d deposit(s\ is retained. 50% thereolj,but not exceeding the Bt~ker's fee above provided. shall be paid Sroker, as 'full consideration for Broker's
serVices Including costs expended by Broker. and the balance spall be paid to Seller. If the transaction shall not clos,e beclluse of relus<ll or failure of Seller to perform, Seller shali
poy the ,u,,/e to 8'Oke,' onde.~and In any liligaliO,n "ng ou, 01 'he Con'cac' concemlng the 8mke'" lee. 'he ",.vailing pac'y.'half cecov.' ,..,onable allomey 'ee,'and coSi'.
(nnme of cooperating sub-agent)
(Seller)
8y
(Soller)
ADDENDUM TO
CONTRACT FOR SALE AND PURCHASE
SELLER:
The City of Delray Beach
BUYER:
William H. Bradley
PROPERTY DESCRIPTION:
Lots 1 and 2, Block D, JOHN B. REID'S
VILLAGE, according to the Plat thereof
recorded in Plat Book 21, Page 95, of the
Public Records of Palm Beach County,
Florida.
A. This Agreement and the closing hereon are subject to and
contingent upon the Buyer obtaining a satisfactory environmental
audit of the property, and replatting of the property and site
plan approvals from the Seller allowing for 15 zero lot line lots
accommodating 15 two-story residential townhouse units in a
configuration reasonably acceptable to Buyer, and to all other
approvals from City agencies and boards required preliminary to
issuance of building permits for said 15 units. The Buyer and/or
Seller agree to use all due diligence to submit, follow up on
and/or orocess applications for such approvals, such applications
to be made at the sole cost and expense of Buyer. While Seller
shall cooperate with the Buyer in processing such applications,
it is agreed that Seller, its agencies and boards reserve the
right to disapprove of any plat, plans and applications submitted
by Buyer during the review process, without prejudice to Buyer to
resubmit amendments to resolve any conflicts; approvals or
conditional approvals, once given, may not be subsequently
revoked prior to or upon closing of this transaction. The
Seller/City a.nd its boards and agencies may condition their
approval only on actual closing of the subject transaction. In
the event such approvals can not be obtained on or before the
closing date despite the due diligence each party agrees to use
in submitting and processing approval applications, this Contract
may be canceled by either party hereto in which case, Buyer's
deposits, and interest accrued thereon, shall be paid to Buyer.
B. All deposits hereunder shall be placed in an interest
bearing escrow account in Sun Bank/South Florida, N.A., with in-
terestto be credited and/or paid to Buyer upon closing or cancel-
lation of this Contract for failure of contingency or other
permitted reason (e.g. title defects). In the event of Buyer's
default, entitling Seller to retain the deposit, Seller shall be
credited and paid such interest.
C. This transaction shall be closed 10 days after resolution of
the contingencies set forth above but, in any event on or before
6 months after the Effective Date hereof, provided, however, that
if Buyer has diligently pursued resolution of contingencies,
Buyer at his option, may extend the closing for up to an
additional 60 days in order to obtain any approvals that, despite
Buyer's best efforts, could not be obtained within the original 6
month period.
~~-
illiam H. Badley
CITY OF DELRAY BEACH
By:
SPINNER. DITTMAN. FEDERSPIEL e. DOWLING
501 EAST ATLANTIC AVENUe:. - DELRAY BEACH, FLORIDA 33483.. (407) 276-2900
MEMORANDUM
TO:
MAYOR DOAK C~~LL AND CITY COMMISSIONERS
P? ... L-.&..-
FRA~SPENC , DIRECTOR, DEVELOPMENT SERVICES
FROM:
SUBJECT:
OFFER TO PURCHASE CITY OWNED PROPERTY
DATE:
NOVEMBER 28, 1989
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Attached for your consideration is an offer to purchase the City
owned parcel on the corner of Venetian and Miramar Streets for
$450,000.
The 1988 assessed value of this property is $459,089. The City's
most recent appraisal, done on December 15, 1988, was for
$430,000. The City's advertised asking price was $474,900.
The Realtor, Dorothy A. Seversen, of Gime1stob Realty, Inc., has
presented two proposals for financing after a $10,000 deposit,
one being all cash at closing or, if the Commission desires, a
five-year first mortgage of $375,000. Commission is reminded
that the proceeds from the sale of this lot will be used to fund
the construction cost of the new Fire Station No. #2 on the
beach.
Commission is reminded that they have agreed to pay a five
percent commission to the participating selling broker. This
amounts to $22,500. Therefore, the net proceeds after payment of
commission would amount to $427,500.
If the City Commission decides to accept this offer, the next
step would be to authorize the City Attorney to develop a sales
contract with the proposed buyer.
Dorothy Seversen and I will be present to answer any questions.
FRS:kwg
Attachments
cc: Malcolm Bird, Interim City Manager
Herb Thiele, City Attorney
,
LETTUi CiF' H'ITDH
t',I()\"f-!f!ihf2r~ 1 ~5 ~ 1 ci'El~;'
Frank SpenSE?
,City (I"f Delray Beach
100 Northwest First Avenue
Delray Beach, Florida 33444
SLJB~TE.c.r FP(JPE:F:TY~ F'j::\f'cE;l p~ Southf~r.:\=,i.:; COi"ner Lot f)1 Ueni2t:iai""1
and Miramar Streets.
LEGAL DESC~IP1ION, Lots I and 2, Block D, John B. Reid's Village
(PE21 Page 95) PaIn! Beactl (:DIJi"lty I~'\,(blic Recor(js
T~le undersigned hereby ma~(es an offer o"f $ 45(l,O()().OO for the
subject pl-opertyu
This letter will be conditional upon the followil1g terms:
SALE: F'P I CE
CAf,H .JITH OFFEF:
. I S1 11DfnGAGE
BALA~~E DN CLOSING
$ 450,000
$ 10,000
$ 375,000
$ 65,000
.)E. - FOir"st moct(7)agf? o"f ~V:375,OO(J interest.: onl\' ,:l.t: 10 i'~,
5 ,/{'2ar' bEl 11 oorl.
Closing on or about January 30, 1990.
,This offer is fronl Steve Curic as an indiVidual for a cornpallY
to be incorporated~
--~gAt'_.~.______
"'._ _" M"'U, lL
Witness::
i)-#t1ffti:;jl;,;;~?:;:;~~:~~----"-'-'
" "', , ~ "-" ~-
Real tor"""--Assc'c iate
Gi'Jl81stob Realty Irlc.
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ADDENDUM TO LETTER OF INTENT
--------------------------.-----
~1(JVeflltler 22,1989
Fr'ank f:3pFJnS~~
City of Delray Deaetl
100 Northwest Fir"st Averlue
Delray Beach, F'lorida 33444
SUBJECT PROPERTY: Parcel 2. Southeast COIner Lot of Venetian
and Mir"B1Jlar Sty-eets.
LEGAL DESCRIPTlrn~, Lots 1 and 2, Block D. John 8. Reid's Village
(F'Bf~l f:'3qe 95) Palm Beach CDUI-ity F'ubl ic !::;~ec()f"ds
REFERENCE: Letter of Interlt from Steve CLlr-ic dated l~ovenlber 15,1989
Ml-h Curie will arrallge his own 1st nlor-tgage if the City Q"f Delray
Beach does not wish to carry any note itsel"fh
The adjusted conditiorlS would be:
Eir-H.E PF~ 1: CE
C?\EiH I..J:[ TH OFFER
* 1 Sf MUFnGI'~GE
BALANCE ON CLOSING
$ 450,000
~. 10,000
$ 375,000
$ 6~:i,OOO
* - First mor-tgage to be arrair'lged by the buyer.
Closil'lg 01-1 or abo\~t Febl"Uary 20,1990
This offer is fr-om Steve Cur-ic as an individllal for- a company
'to be incorporatedn
P~df~~q:~~
. ~.'
REGISTRATION OF CLIENT
---------------,---------
NOVe(Jlber 24,1989
F1-d,!"'lk SpE~n5E~
City (If Delray Beach
1,00 Northwest First Avel1ue
Delray Beactl, Florida 33444
PEFEF~El'-,ICE:~ F'~,r-c:f.~.l. r.?, E;outl"least COf'fH~l- l_ot e,f \}f:.~netiF-i,i'l c~ncl ~'1ii"amE~,r' t;tl-€~~t.~ts")~
U~GAL DESCRIPTION, Lots I and 2, Dlock D, John 8. Peid's Village
(PB21 Page 95) Palm Beach COiJnty F'ublic Recol-ds
Please register- ttle following i!"ldiviejlJal for tt-IP purr:t'13se 01" tt,e abclve
r'efereflceeJ ~ll'Or)ej"ty~
!:nEVE CUF~IC
COI-d:i,{:il1y,
__,i}'-'~kjLk~~____._.__
Dor-o{r;;7'~(t; ~3evf=rsen
Realtor"-Associate
Gimelstob Realty II-Ie.
7461 N. Feden!ll Highway
Suite B3
Boca Raton, FL 33487
OrE, (407) 241,6222
R (407) 994.6468
DOROTHY "KONNIE" SEVERSEN m,
SALES EXECUTIVE REAl TOR
Gimelstob .~Better
Realty Inc. I I W H~?Jn~~,"
~? IJ/;n/s- '1
11:'10".",
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~
"RSSOCIRTfD
PPRfllSfRS
Go conSULTAnTS Inc.
JAMES R. BRANCH, SREA, MAl
JOE R. KERN, SRA
KENNETH J. KISSEL, MAl
II
II
ASSOCIATES,
MARCIA M. BRANCH
WILLIAM W. BRANCH
KATHLEEN A CROMWELL
VIRGINIA S. GRAF
AUDREY J. HORSEFIELD
DONNA M. KERN
ANTHONY J, REICH. MAl
F. L RODGERS
MARSHA H. CIOFFI
January 3. 1989
II
It
II
Herb Thiele. City Attorney
City of De/ray Beach
310 Southeast 1st Street. Suite 4
De/ray Beach. rlorida 33483
II
Dear Mr. Thiele:
1Il1J,
1m
Pursuant to your request. we have completed an apprsisal of the property loceted
at the southeast corner of Miramar Street and Venetian Drive. We estimated
the sUbject's current market value of the fee simple interest based on 10 and
Hi developable unitG and based on the data available regarding the minimum
amount of site work necessary to develop the site. A detailed discussion on the"
assumptions necessary to estimste the subject's value are in the Prelude to Velue
spotion of this report. Based on the above. the estimated values of the subject
as of December 15. 1988 are ss follows:
11
I
15 Developable Units
$'l~o.ooo.
sJao. 000.
If
10 Develupable Units
.,
This letter is made a part of the attsched epprsisal report. which Includes a
description of the property appraised and a discussion of the analyses end
conclusions involved in the valuation of the property. This report Is subject to
the AssumptionG and Limiting Conditions conteined herein. particularly Items
No, 26 and 27.
I
Respectfully submitted.
G?/A;~
Keo K;'~'
R
I
I
I
II
II
II
II
II
II
11
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It
II
..
II
,
.APPRAISAl REPORT
RSSOCIRTfD
PPR-RISfRS
Prepared For: Herbert W. Thiele. Esquire
City Attorney
City of Delray Beach
Property Address:
SW corner Venetian Drive [; Mlramar Street
11211 Prosperity Farms Road
Suite 202B
Palm Beach Gardens, FL 33410
(305) 694-2222
Delray Beach. Florida 33'1'1'1
GENERAL DATA
Legal Description Lots I G 2. Block 0 John B. Reid's Vi Ilage IPB 21. page g51. Palm Beach
County Public Records
Owner of Record City of Delray Beach
Purpose of the Appraisal To estimate the current market value of the subject property.
Function of the Apprslsal This appraisal is to be used in conjunction with marketing the
subject pro~erty.
Definition of Mar et Value (See Correlation/Summary Pg,)
Property Rights Appraised Fee simple title. unencumbered
Date of Appraisal December 15. 19BB. ,
Zoning RM 15: Multiple-family Dwelling District, City of Delray B.!..Ch. Florids.
Highest snd Best Use (See Correlation/Summary Pg. for Definition)
MUlti-fsmily residential development.
Total Assessed Value (19 BB )
$ '159.0B9.
v
Total Taxes
$ exempt
FolloN )2'13'16161'100'10010
Flood Zone A5: Area of 100 yearflood plain: community panel 11125102 OOO'lC: City of Delray
.<
Beach. Florida. Census Tract - 7'1.01
History The subject has not sold in the psst 5 years.
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MEMO
From: GATES D. CASTLE
CITY ENGINEER
I
To: -ek 13~ Date: I 'L/5/8 '?
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RECEIVED 0'<. ~ ~
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OEC0689
GOY'~~o ~
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83
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WILLIAMS, HATFIELD 8 STONER, INCN
Consulting Eng;"eers . Pl"""ers . Surveyors OV 1 6
" I.-::r- ,j~~G C': ,--
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AIRPORTS
HIGHWAYS'" BRIDGES
WATER'" SEWER SVSTE:MS
LAND SURVEYS
SUBDIVISION DEVELOPMENT
DRAINAGE'" WATER MANAGEMENT
PORT & MARINE "-ACILIT1ES
MUNICIPAL ENGINEERING
1325 S. CONGRESS AVENUE SUITE 118
BOYNTON BEACH, f"LORIOA 33426
407/738 -0133
BROWARD 305/481-8811
November 14, 1989
TO:
Mr. Gates Castle
LETTER OF TlIANSMITTAi
100 Northwest 1st Avenue
BOUNDARY SURVEY OF
FIREHOUSE SITE
PROJECT NO. PB-00123
City of Delray Beach
Delray Beach, Florida 33444
Attached are the following Items:
Six (6) copies of Survey
==
These items are for:
~ Approv.a I
Comnant
I nformat Ion
~Olstrlbutlon
x Per your reques t
Other