Res No. 03-17A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, APPROVING THE SALE OF THAT
CERTAIN PARCEL OF REAL PROPERTY LOCATED IN PALM
BEACH COUNTY, FLORIDA, AS MORE PARTICULARLY
DESCRIBED HEREIN, TO GRAV, INC; AND AUTHORIZING THE
MAYOR TO EXECUTE A QUIT CLAIM DEED TO EFFECTUATE
SUCH SALE; PROVIDING AN EFFECTIVE DATE AND FOR
OTHER PURPOSES.
WHEREAS, the City of Delray Beach, Florida ("City") is desires to convey certain property located at
1015 Mango Drive, to Grav Inc. ("Buyer"); and
WHEREAS, Buyer has requested the City convey its interest in the Property to Buyer and in
consideration, Buyer will pay forty two thousand dollars ($42,000.00); and
WHEREAS, it is in the best interest of the City of Delray Beach, Florida, to convey the Property to
Buyer; and
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the City Commission of the City of Delray Beach, Florida, as Seller, hereby agrees to
sell Property to Grav, Inc, as Buyer, for a purchase price of forty two thousand dollars ($42,000.00) and other
good and valuable consideration, the sufficiency of which is hereby acknowledged by the parties; said Property
being described as follows:
See Exhibit "A" attached hereto.
Section 2. That the terms and conditions contained in the vacant land contract and addendum thereto
between the City of Delray Beach, Florida, and Grav, Inc, are incorporated herein as Exhibit `B".
Section 3. That the terms and conditions contained in Quit Claim deed between the City of Delray
Beach, Florida, and Grav, Inc. are incorporated herein as Exhibit "C".
Section 3. This Resolution shall be effective immediately upon adoption.
MAYOR
ATTEST:
City Cletk
Res No. 03-17
cc A»
LOT 8, BLOCK D, PLAT OF SUNSET PARK DELRAY LT 51, ACCORDING TO THE PLAT RECORDED
IN PLAT BOOK 16817, PAGE 1243, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, BEING
THE REAL PROPERTY DESCRIBED AS PARCEL NUMBER 12-43-46-20-16-000-0510 IN THE FINAL
JUDGMENT RECORDED IN OFFICIAL RECORDS BOOK 18354, PAGE 0613, PUBLIC RECORDS OF
PALM BEACH COUNTY, FLORIDA.
CONTAINING 0.1191 ACRES.
Res No. 03-17
Vacant Land Contract
-Realtors,,
U���U�����
_
1° 1. Sale and Purchase: City of Delray Beach ("Seller")
2^ and Grav|nc. ("Buyer")3 (the "parties") agree to sell and buy on the terms and conditions specified below the property ("Property")
4 described as:
5^ Address: 1015 Mango Drive, Delray Beach, Florida 33444
0° Legal Description: SUNSET PARK UELKAYL| 51
m
11° SEC _��'|vvp46/RmG _��cn_P�L�Be�h_Cou��.��nda. Real Property ��
�|UNo�� /�3-*n-2u'/n- uu-uo/u
12~ �di
uunQaU|mp�vemen�mxistilgonthePropehy and the following additional property: none noted orknown
13
14� 2. Purchase Price: (U.S.currency) ...... —..... ... ........ —..... ....... --... ...... ... —... ..... ....... —
1m All deposits will be made payable to "Escrow Agent" named below and held in escrow by:
16~ Escrow Agent's Name: Hunt & Gross, P.A
17~ Escrow Agent's Contact Person: Scott W. Hoffman, Esq.
18~ Escrow Agent's Address: 185 MW #��U � Rto �L�34Jl
19° Escrow Agent's Phone: 561-997-9223
20~ Escrow Agent's Email: �o�m
21 (a) Initial deposit ($Oifleft blank) (Check if applicable)
22- LJaccompanies offer
23~ §gwill bedelivered boEscrow Agent within 2 days (3days ifleft b|onW
24~ after Effective Date .......... ..'..''..'.........'.. ... I ... I ... --........ .......... ........ $ 1000000
un (b) Additional deposit will be delivered to Escrow Agent (Check if applicable)
26~ [] within days (1Odays ifleft blank) after Effective Date
27° []vvithindays(3daymif|eftb|ank)afterexpirotionofFeaoibilityStudyPeriod...
28~ c) Total Financing (see Paragraph G) (express eaa dollar amount orpercentage) ....'..'.'
29° (d) Other: ____
30 (e) Balance to close (not including Buyer's closing costs, prepaid items, and prorations)
31~ tobepaid atclosing bywire transfer orother Collected funds ............. .................... .......... 3200000
32° (f) LJ(Complete only ifpurchase price will bedetermined based onaper unit cost instead ofefixed pdoejThe
33° unit used todetermine the purchase price ie El lot []ace [] square foot [l other (specify):
34~ prorating areas ofless than efull unit. The purchase price will be$ per unit based ona
ao calculation of total area of the Property as certified to Seller and Buyer by a Florida licensed surveyor in
36 accordance with Paragraph 7(c). The following rights of way and other areas will be excluded from the
37- calculation:
38 3. Time for Acceptance; Effective Date: Unless this offer issigned bySeller and Buyer and enexecuted copy
39~ delivered toall parties onorbefore January 31 2017 th�offer will bewithdrawn and Buyer's deposit, if
40 any, will be returned. The time for acceptance of any counter offer will be 3 days after the date the counter offer is
41 delivered, The "Effective Date" of this contract isthe date onwhich the last one of the Seller and Buyer
42 has signed urinitialed and delivered this offer or the final counter offer.
43. 4. Closing Date: This transaction will close on February 28 2017 C|ooinAOate").unless specifically
44 extended by other provisions of this contract. The Closing Date will prevail over all other time periods including,
43 but not limited to, Financing and Feasibility Study periods, However, if the Closing Date occurs on a Saturday,
*o Sunday, or national legal holiday, it will extend to 5:00 p.m. (where the Property is located) of the next business
47 day. |nthe event insurance underwriting is suspended on Closing Date and Buyer imunable tnobtain property
48 insurance, Buyer may postpone closing for Lip to 5 days after the insurance underwriting suspension is lifted. If
4e this transaction does not close for any reason, Buyer will immediately return all Seller provided documents and
no other items.
and Seller L_�L_)ackno�e�e��i��a�����p�e'vhi��!�7p�es�
,°,., ="�.° Q�o�anw�nm°
uenall,: 040105-50014o3453918
51 G. Financing: (Check asapplicable)
52- (a)QgBuyer will pay cash for the Property with nofinancing contingency.
53~ (b) FJ This contract is contingent on Buyer qualifying for and obtaining the commitment(s) or approval(s)
54, epeoifiedbe|ovv("Financing')within_____doyaafterEfectiveOete(C|osingDateor3OdaysofterEfentive
55° Date, whichever occurs first, ifleft blank) ("Financing Period"). Buyer will apply for Financing within
oG days after Effective Date (5 days if left blank) and will timely provide any and all credit, employment, financial,
or and other information required by the lender. If Buyer, after using diligence and good faith, cannot obtain the
58 Financing within the Financing Period, either party may terminate this contract and Buyer's deposit(s) will be
59 returned,
e0^ (1) LJNew Financing: Buyer will secure acommitment for new third party financing
e1~ or_____%ofthe purchase phoeat(Check one) []a�xedrate not exceeding _____Y& []an
62° acUuetab|einterest rate not exceeding _96atorigination (ofixed rate atthepreve||inginterest rate
83 based onBuyer's cnydibwo�hineeoifneithercho|ceisse|ected),Buyer will keep Seller and Broker fully
64 informed of the loan application status and progress and authorizes the lender or mortgage broker to
Oo disclose all such information toSeller and Broker.
88~ (2) [] Seller Financing: Buyer will execute a []first [] second purchase money note and mortgage to
Sr° Seller inthe amount of 'bearing annual interest at_____96and payable oo
88° follows:
oo ThemoMguga,note.andenyaecurityagreementwi||beinafbnnaooeptab|etoSe|lerandwi||fo||mw
70 forms generally accepted in the county where the Property is located; will provide for a late payment fee
n and acceleration at the mortgagee's option if Buyer defaults; will give Buyer the right to prepay without
nz penalty all or part of the principal at any time(s) with interest only to date of payment; will be due on
ra conveyance or sale; will provide for release of contiguous parcels, if applicable; and will require Buyer to
74 keep liability insurance on the Property, with Seller as additional named insured. Buyer authorizes Seller
75 to obtain credit, employment, and other necessary information to determine creditworthiness for the
76 financing. Seller will, within 10 days after Effective Date, give Buyer written notice of whether or not
77 Seller will make the loan,
78° (3)[]Mortgage Assumption: Buyer will take title subject to and assume and pay existing first mortgage to
79-
80- Lm in the approximate amount ofcurrently payable at
e1° $ per month, including principal, interest, 7 taxes and insurance, and having a
82- .1 "^ew Dvu/e. (describe)
83interest rate of -% which 0 will [J- will not escalate upon assumption, Any variance in the
24 mortgage will beadjusted mthe balance due mtclosing with noadjustment topurchase price. Buyer will
85~ purchase Seller's escrow account dollar for dollar. |fthe interest rate upon transfer exceeds _____%or
oo+ the assumption/transfer fee exceeds . either party may elect topay the excess,
87 failing which this contract will terminate; and Buyer's depoait(e)will bereturned. |fthe lender disapproves
eu Buyer, this contract will terminate; and Buyer's depoait(a)will be returned,
ao~ 6. Assignability: (Check one) Buyer [] may assign and thereby bereleased from any further liability under this
90^ contract, [] may assign but not bereleased from liability under this contract, or bymay not assign this contract.
S|~ 7. Title: Seller has the legal capacity to and will convey marketable title to the Property by §Qstatutory warranty
oz~ deed [] special warranty deed [] other (mpeoify) . free ofliens, easements,
oa and encumbrances of record or known to Seller, but subject to property taxes for the year of closing; covenants,
s* restrictions, and public utility easements of record; existing zoning and governmental regulations; and (list any
gn° other matters howhich title will besubject) .
08 provided there exists ozclosing noviolation orthe foregoing.
97 (a) Title Evidence: The party who pays for the owner's title insurance policy will select the closing agent and
ea pay for the title search, including tax and lien search if performed, and all other fees charged by closing agent,
ee Seller will deliver to Boyer' at
100° (Check one) 1:1 Seller's @DBuyer's expense and
101° (Check one) [] within days after Effective Date Xetleast 10 days before Closing Date,
102 (Check one)
103° (t) 7x a tide insurance commitment by e Florida licensed title insurer setting forth those matters tobe
10* discharged by Seller etorbefore closing and. upon Buyer recording the deed, an owner's policy in the
ioo amount of the purchase price for fee simple title subject only to the exceptions stated above. If Buyer is
100 paying for the owner's title insurance policy and Seller has an owner's policy, Seller will deliver a copy to
107 Buyer within 15days after Effective Date,
and Seller L}L)acknowledge receiptofacupyufthispage.whickis3of7pages.
eenm4:
10* (2) []onabstract oftitle, prepared orbnzugh±currentbyaoexiednQobstraotfinmorcertifiedamourreo by an
109 existing firm. However, ifsuch anabstract ionot available toSeller, then aprior owner's title policy
110 acceptable to the proposed insurer as a base for reissuance of coverage may be used. The prior policy
ill will include copies of all policy exceptions and an update in a format acceptable to Buyer from the policy
112 effective date and certified to Buyer or Buyer's closing agent together with copies of all documents
113 recited in the prior policy and in the update. If such an abstract or prior policy is not available to Seller,
114 then (1)above will bethe title evidence.
115~ (b) Title Examination: AfterreoeiptoftheUtleswidence'BmyermjU.within__~___deyo(1Odayaif|eftb|anW
116 but no later than Closing Date, deliver written notice to Seller of title defects. Title will be deemed acceptable
117 to Buyer if (i) Buyer fails to deliver proper notice of defects or (ii) Buyer delivers proper written notice and
118` Seller cures the defects within days (30 days if left blank) ("Cure Period") after receipt of the notice. If
119 the defects are cured within the Cure Period, closing will occur within 10 days after receipt by Buyer ofnotice
120 ofsuch Cure. Seller may elect not to cure defects if Seller reasonably believes any defect cannot be cured
121 within the Cure Period. If the defects are not cured within the Cure Period, Buyer will have 10 days after
122 receipt of notice of Seller's inability to cure the defects to elect whether to terminate this contract or accept
123 title subject to existing defects and close the transaction without reduction in purchase price.
124 (c) Survey: Buyer may, at Buyer's expense, have the Property surveyed and must deliver written notice to
125 Seller, within 5 days after receiving survey but not later than 5 days before Closing Date, of any
126 encroachments on the Property, encroachments by the Property's improvements on other lands, or deed
127 restriction or zoning violations. Any such encroachment or violation will be treated in the same manner as a
128 title defect and Seller's and Buyer's obligations will be determined in accordance with Paragraph 7(b).
129 (d) Ingress and Egress: Seller warrants that the Property presently has ingress and egress,
130 Q. Property Condition: Seller will deliver the Property toBuyer sdclosing inits present "as is" condition, with
13/ conditions resulting from Buyer's Inspections and casualty damage, if any, excepted. Seller will not engage inor
132 permit any activity that Would materially alter the Property's condition without the Buyer's prior written consent.
133 (a) Inspections: (Check (1)or (2))
134� (i) [K Feasibility Study: Buyer will, etBuyer's expense and within 10 days (3Odays ifleft blank)
135 ("Feaaibi|ityStudy Pehod")after Effective Date and inBuyer's mo|e�nd�bso|utediscretion, determine
136 whether the Property is suitable for Buyer's intended use. During the Feasibility Study Period, Buyer
'187 may conduct a Phase I environmental assessment and any other tests, analyses, surveys, and
138 investigations ("Inspections") that Buyer deems necessary to determine to Buyer's satisfaction the
139 Property's engineering, architectural, and environmental properties; zoning and zoning restrictions;
140 subdivision statutes; soil and grade; availability of access to public roads, water,andotheruti|itiee;
141 consistency with local, state, and regional growth management plans; availability of permits, government
142 approvals, and licenses; and other inspections that Buyer deems appropriate, If the Property must be
143 rezoned, Buyer will obtain the rezoning from the appropriate government agencies. Seller will sign all
144 documents Buyer is required to file in connection with development orrezoning approvals, Seller gives
145 Buyer, its agents, contractors, and assigns, the right to enter the Property at any time during the
1*6 Feasibility Study Period for the purpose of conducting Inspections, provided, however, that Buyer, its
1*7 agents, contractors, and assigns enter the Property and conduct Inspections at their own risk, Buyer will
148 indemnify and hold Seller harmless from losses, damages, costs, claims, and expenses of any nature,
1*9 including attorneys' fees, expenses, and liability incurred in application for rezoning or related
|no proceedings, and from liability to any person, arising from the conduct of any and all Inspections or any
151 work authorized byBuyer. Buyer will not engage inany activity that could result inaconstruction lien
152 being filed against the Property without Seller's prior written consent. If this transaction does not close,
153 Buyer will, et Buyer's expense, (i) repair all damages to the Property resulting from the Inspections and
154 return the Property tothe condition it was inbefore conducting the Inspections and (ii)release toSeller
155 all reports and other work generated amaresult ofthe Inspections.
158 Before expiration of the Feasibility Study Period, Buyer must deliver written notice to Seller ufBuyer's
157 determination of whether or not the Property is acceptable. Buyer's failure tocomply with this notice
158 requirement will constitute acceptance of the Property as suitable for Buyer's intended use in its "as is"
159 condition. If the Property is unacceptable to Buyer and written notice of this fact is timely delivered to
/nn Seller, this contract will be deemed terminated, and Buyer's deposit(s) will be returned.
161^ (2) []No Feasibility Study: Buyer is satisfied that the Property is suitable for Buyers purposes, including
162 being satisfied that either public sewerage and water are available to the Property or the Property will be
163 approved for the installation of a well and/or private sewerage disposal systern and that existing zoning
Buyer) and Seller L�L)acknowledge receipt ofacopy ofthis puge.which ie3vf7pages.
vAu'1n' nevm1* @ Florida Realtors'
eenallkmw05m00wn-345391w
164 and other pertinentregulations and restrictions, such as subdivision or deed restrictions, concurrency,
185 growth management, and environmental conditions, are acceptable to Buyer. This contract is not
166 contingent onBuyer conducting any further investigations.
167 (b) Government Regulations: Changes in government regulations and levels of service which affect Buyer's
168 intended use of the Property will not be grounds for terminating this contract if the Feasibility Study Period has
189 expired orifParagraph 8(a)(2) is selected,
170 (c) Flood Zone: Buyer is advised to verify by survey, with the lender, and with appropriate government
171 agencies which flood zone the Property is in, whether flood insurance is required, and what restrictions apply
172 toimproving the Property and rebuilding mthe event ofcasualty,
'173 (d) Coastal Construction Control Line(°CCCL''): |fany part nfthe Property lies seaward ofthe CCCLae
174 defined inSection 181 .053, Florida Statutes, Seller will provide Buyer with an affidavit or survey as required
175 by law delineating the line's location on the Property, unless Buyer waives this requirement in writing. The
/rs Property being purchased may be Subject to coastal erosion and to federal, state, or local regulations that
177 govern coastal property, including delineation ofthe CCCL. rigid coastal protection atmoiuneo. beach
178 nourishment and the protection of marine turtles. Additional information can be obtained from the Florida
179 Department of Environmental Protection, including whether there are significant erosion conditions associated
180 with the shore line ofthe Property being purchased.
181~ OBuyer waives the right toreceive a CCCLaffidavit nrsurvey.
182 9. Closing Procedure; Costs: Closing will take place inthe county where the Property is located and may be
183 conducted by mail or electronic means, If title insurance insures Buyer for title defects arising between the title
184 binder effective date and recording of Buyer's deed, closing agent will disburse at closing the net sale proceeds
185 toSeller (in local cashier's check if Seller requests inwriting otleast Gdays before closing) and brokerage fees to
186 Broker as per Paragraph 19. In addition to other expenses provided in this contract, Seller and Buyer will pay the
187 costs indicated below,
188 (a) Seller Costs:
189 Taxes ondeed
180 Recording fees for documents needed tocure title
/01 Title evidence (if applicable under Paragraph 7)
192~ Other Real Estate Commission
193 (b) Buyer Costs:
194 Taxes and recording fees onnotes and mortgages
195 Recording fees onthe deed and financing statements
196 Loan expenses
197 Title evidence (if applicable under Paragraph 7)
19e Lender's title policy atthe simultaneous issue rate
/90 Inspections
200 Survey
201 Insurance
202- Other
zna (c) of the day before Closing Date: —real
204 estate taxes (including special benefit tax liens imposed by a CDD), interest, bonds, assessments, leases,
uos and other Property expenses and revenues, If taxes and assessments for the current year cannot be
206 determined, the previous year's rates will be used with adjustment for any exemptions,
207 (d) Special Assessment byPublic Body: Regarding special assessments imposed byopublic body, Seller
208 will pay (I) the full amount of liens that are certified, confirmed, and ratified before closing and (ii) the amount
289 of the last estimate of the assessment if an improvement is substantially completed as of Effective Date but
210 has not resulted in a lien before closing; and Buyer will pay all other amounts, If special assessments may be
21* paid ininstallments, X Seller F1 Buyer (Buyer if left blank) will pay installments due after closing. If Seller is
212 checked, Seller will pay the assessment in full before or at the time of closing. Public body does not include a
213 Homeowners' orCondominium Association,
214 (a) PROPERTY TAX DISCLOSURE SUMMARY: BUYER SHOULD NOT RELY ON THE SELLER'S CURRENT
215 PROPERTY TAXES A3THE AMOUNT OF PROPERTY TAXES THAT BUYER MAY BE OBLIGATED TO
216 PAY |NTHE YEAR SUBSEQUENT TO PURCHASE, ACHANGE DFOWNERSHIP [)R PROPERTY
217 IMPROVEMENTS TRIGGERS REASSESSMENTS OF THE PROPERTY THAT COULD RESULT IN
218 HIGHER PROPERTY TAXES. IF YOU HAVE ANY QUESTIONS CONCERNING VALUATION, CONTACT
21e THE COUNTY PROPERTY APPRAISER'S OFFICE FOR FURTHER INFORMATION.
and Seller L)L�acknowledge receipt ofocopy ofthis page, which is4nf7pages,
npnw#�mm05-500'^8-34s39m
Oc Florida Realtors'
-------- ---
^ °
220 N} Foreign Investment inReal Property Tax Act ("F(RPTA°: |fSeller isa"foreign person" aodefined by
221 FIRPTA, Seller and Buyer will comply with FIRPTA, which may require Seller to provide additional cash at
222 closing.
223 (g) 1031 Exchange: If either Seller or Buyer wish to enter into a like -kind exchange (either simultaneously with
224 closing or after) under Section 1031 of the Internal Revenue Code ("Exchange"), the other party will
225 cooperate in all reasonable respects to effectuate the Exchange including executing documents, provided,
szG however, that the cooperating party will incur no liability or cost related to the Exchange and that the closing
227 will not becontingent upon, extended, ordelayed bythe Exchange,
2e8 10. Computation ofTime: Calendar days will be used when computing time periods, except time periods of 5 days
229 or less. Time periods of 5 days or less will be computed without including Saturday, Sunday, or national legal
230 holidays specified in 5 U.S.C. 6103(a). Any time period ending on a Saturday, Sunday, or national legal holiday
23/ will extend until 5:00 p.m. (where the Property is located) of the next business day. Time isofthe essence in
zaz this contract.
233 11. Risk of Loss; Eminent Domain: |fany portion mfthe Property iamaterially damaged bycasualty before closing
234 or Seller negotiates with a governmental authority to transfer all or part of the Property in lieu of eminent domain
235 proceedings or an eminent domain proceeding is initiated, Seller will promptly inform Buyer. Either party may
236 terminate this contract bywritten notice tothe other within 10 days after Buyer's receipt ofSeller's notification,
237 and Buyer's depoait(a)will bereturned, tai/ingwhiohBuyervviUc|oaeine000rdanoewidhthisuontnactand
238 receive all payments made by the governmental authority or insurance company, if any,
239 12 Force Majeure: Seller orBuyer will not berequired toperform any obligation under this contract orbeliable tu
240 each other for damages so long as the performance or non-performance of the obligation is delayed, caused, or
241 prevented by an act of God or force majeure. An "act of God or "force majeure" is defined as hurricanes,
242 earthquakes, floods, fire, unusual transportation delays, wars, insurrections, and any other cause not reasonably
243 within the control of Seller or Buyer and which by the exercise of due diligence the non-performing party is
244 unable in whole or in part to prevent or overcome, All time periods, including Closing Date, will be extended for
245 the period that the act of God or force rriajeure is in place. However, in the event that such act of God or force
24e majeure event continues beyond 30 days, either party may terminate this contract by delivering written notice to
247 the other; and Buyer's depomit(a)will bereturned.
248 11 Notices: All notices will be in writing and delivered to the parties and Broker by mail, personal delivery, or
249 electronic means. Buyer's failure to timely deliver written notice to Seller, when such notice is required by
250 this contract, regarding any contingency will render that contingency null and void, and this contract will
251 be construed as if the contingency did not exist. Any notice, document, or item delivered to or received
252 by an attorney or licensee (including a transactions broker) representing a party will be as effective as if
253 delivered to or received by that party.
254 14. Complete Agreement; Persons Bound: This contract imthe entire agreement between Seller and Buyer,
sss Except for brokerage agreements, muprior mrpresent agreements will bind Seller, Bayer, or Broker
oos unless incorporated into this contract. Modifications of this contract will not be binding unless in writing, signed
257 or initialed, and delivered by the party to be bound. Electronic signatures will be acceptable and binding, This
258 contract, signatures, initials, documents referenced in this contract, counterparts, and written modifications
259 communicated electronically or on paper will be acceptable for all purposes, including delivery, and will be
ono binding. Handwritten or typewritten terms inserted in or attached to this contract prevail over preprinted terms. If
ue` any provision of this contract is or becomes invalid or unenforceable, all remaining provisions will continue to be
cso fully effective. Seller and Buyer will use diligence and good faith in performing all obligations Linder this contract.
ooa Thiocontnsutwi|/notbenaoordedinanypub|ionaoord,Thetermm"Se|!er'""Bmyer."and"Bmker'maybeoingu|or
264 or plural. This contract is binding on the heirs, administrators, executors, personal representatives, and assigns, if
265 permitted, ofSeller, Buyer, and Broker.
266 15. Default and Dispute Resolution: This contract will beconstrued under Florida law, This Paragraph will survive
267 closing ortermination ofthis contract,
288 (a) Seller Default: If Seller fails, neglects, or refuses to perform Seller's obligations under this contract, Buyer
zan may elect toreceive ereturn ofBuyer'sdepoait(s)withouttherebywaivinganyeotionfo/damegemreau|dng
270 from Seller's breach and may seek to recover such damages or seek specific performance. Seller will also
27/ beliable for the full amount ofthe brokerage fee.
Buyer and Se|�rLL)ocknow�dge�oai�ofacopy ofthis page.which �5of7pagea�
VAC -10 mFlorida Realtvm°
xenum0401osew148,m5sno
272 (b) Buyer Default: |fBuyer fails, neglects, or refuses to perform Buyer's obligations under this contract,
273 including payment of deposit(s), within the time(s) specified, Seller may elect to recover and retain the
274 depomit(s).paid and agreed tobepaid, for the account ofSeller es agreed upon liquidated damages,
275 consideration for execution of this contract, and in full settlement of any claims, whereupon Seller and Buyer
276 will berelieved from all further obligations under this contract;
zr/ � ^' k��.
278 16` Escrow Agent; Closing Agent: Seller and Buyer authorize Escrow Agent and closing agent (coUeotivsy
279 'Agen[)10receive, depom�'and hold funds and other hemainescrow and, su���hoCoUeo�on.d�bu--them
288 upon proper authorization and inaccordance with Florida law and the terms ofthis contract, including disbursing
201 brokerage fees. "CoUeotion"or°Co||ected"means any checks tendered or received become actually and
282 finally collected and deposited in the account of Agent, The parties agree that Agent will notbeliable toany
z83 person for misdelivery ofescrowed items toSeller orBuyer.un|�oa the misdelivery ie due toAgent's willful
284 breach of this contract or gross negligence. If Agent interpleads the subject matter of the escrow, Agent will pay
285 the filing fees and costs from the deposit and will recover reasonable aftorneys'fees and costs to be paid from the
286 escrowed funds or equivalent and charged and awarded as court costs in favor of the prevailing party.
287 17. Professional Advice; Broker Liability: Broker advises Seller and Buyer toverify all facts and representations
288 that are important tothem and toconsult anappropriate professional for legal advice (for examp|e interpreting
28e this con�aot.determining theefeotof|awsonthePrope�y and this transaction, �atuaofUMe.foreign i-abor
zsD reporting requinsmenta, the effect of property lying partially or totally seaward of the CCCL. etc.) and for— '-.
291 property condition, environmental, and other specialized advice. Buyer acknowledges that ��-not Broker �-neaide
292 inthe Prnpe�yand that aUrmp�sen��ona(onaiwr�en.orothem�ae)byBroker are based
---Seller
293 representations orpublic records, Buyer agrees tmrely solely on Seller, professional ins[/�onm,and
294 governmnentagencies for ve��cat/omofthe Prope�ycondition materially
affect Property
295 value.
zys
zsr Seller and
'er hold
2oa harmless and release Broker and Broker's officers, directors, agents, and employees from all liabilityfor
loss
289 damage based on(i)Seller's orBuyer's misstatement orfailure toperform contractualobligations; (ii)the use
or
300 display of listing data by third parties, including, but not limited to, photographs, images, graphics, video
301 recordingm, virtual tours, dnavWn0o' written descriptions, and remarks related t the
Property; (iii) Broker's
302 performance, $tSeller's orBuyer's request, ofany task beyond the scope ofservices regulated byChapter 475
aOo Florida Statutes, as amended, including Broker's referral, recommendation, or retention ofany vendo� (iv)'
304 products orservices provided byany vendor; and (v)expenses incurred byany vendor. Seller and Buyer each
oOo assume full responsibility for selecting and compensating their respective vendors. This Paragraph will not relieve
aoo Broker of statutory obligations. For purposes of this Paragraph, Broker will be treated as a party to this contract.
our This Paragraph will survive closing.
308 18. Commercial Rea! Estate Sales Commission Lien Act: If the Property is commercial real estate as defined by
309 Section 475.701, Florida Sbatutea, the following disclosure will apply: The Florida Commercial Real Estate Sales
310 Commission Lien Act provides that when a broker has earned a commission by performing licensed services
n/, under a brokerage agreement with you, the broker may claim a lien against your net sales proceeds for the
312 broker's commission. The broker's lien rights under the act cannot be waived before the commission ieearned.
313 19. Bmmkers� The brokers named below are collectively referred hoas"Broher" Instructionto closing agent
314 Sekerand Buyer direct doaingagent todiobu�e dooingthe fuUamount ofthe bmp���'~~brokerage in
3/5 aepom�bmkensQeagnaeme�s w�hthe parUeeand 000pens�veaQmementmbetween the Brokem specified
Broker 316 extent Bkerhas retained such fees �omthe eacm-p
escrowed ThioPanagno Paragraph will not be dhz '~^~-'^^~
317 y�LSor�beroffer ofcompensation made bySeAerorSeUe�Broker toBo���--n«zk�euae modify any
318° (a) Anderson & Carr, Inc.° '�
313°er Buyer both (��|}�� Broker)
320(specify):~ ^ --- ---
su1° (b) N/A (Buyer's
322 mW|becompenaa�dby []SmUer 1:1 Buyer E-1---/
both parties /]SeuersBroker pursuant to LJaMLS offer of
323~ compensation [] other (apeoify):
and Seller L__}L__)acknowledge receipt ofacopy ofthis page, which isbof7pages.
OC Florida Realtors,
Serial#: 040105-500148-3453918
324-
325
326
327
328
329
330
331
332
333
334
335
336
337
338
339
340
20. Additional Terms: This contract is contingent upon its approval by the City of Delray Beach Commission.
on.
341 This is intended to be a legally binding contract. If not fully understood, seek the advice of an attorney before
342 signing.
343k Buyer:/" (&"x t'Z? r Date
344- Print name Angela Gravallese, President Grav Inc.
345- Buyer: Date:
346* Print name:
347 Buyer's address for, purpose of notice:
348. Address: 864 Jeffery Street, Boca Raton, FL 33487
349* Phone: 561-899-4000 Fax: Email.- mikegrav@yahoo.com
350- Seller: - Date:
351- Print name: City of Delray Beach
352- Seller: Date:
353- Print name:
354 Seller's address for purpose of notice:
355. Address: 100 NW 1st Avenue, Delray Beach, Florida 33444
356, Phone: .., 561-243-7000 Fax: 561-243-7199 Email:
357, Iffective Date: (The date on which the last party signed or initialed and delivered the
358 final offer or counteroffer.)
Florida Realtors"' and local Board/Association of REALTORS' make no representation as to the legal validity or adequacy of any provision
of this form in any specific transaction. This standardized form should not be used in complex transactions or with extensive riders or
additions. This form is available for use by the entire real estate industry and is not intended to identify the user as a REALTOR".
REALTOR" is a registered collective membership mark that may be used only by real estate licensees who are members
of the National Association of REALTORS"' and who subscribe to its Code of Ethics. The copyright laws of the United States (17 U.S.
Code) forbid the unauthorized reproduction of blank forms by any means including facsimile or computerized forms,
BUyer/Ad ) (___) and Seller acknowledge receipt of a copy of this page, which is 7 of 7 pages.
VAC -1(5 Rev 8/'14 «3 Florida Realtors'
Senal#: 040105-500148-3453918
hi.tT)://www.pbcgov.coiWpapa/Asps/Pi-opertyDeLiil/PropertyDetail.a...
.... ...... ____ ...... . ....
ary'R, Nikofiu,-GFA,. Horritad Exemption
Property,�Opr er
Location Address 1015 MANGO DR
Municipality DELRAY BEACH
Parcel Control Number 12-43 46-20-16-000-0510
Subdivision SUNSET PARK DELRAY IN
Official Records Book 16817 Page 1243
Sale Date MAR -2004
Legal Description SUNSET PARK DELRAY LT 51
I of 1 11/16/2016 12:43 PM
... 4, ........
Mailing address
... .. ...
Ow ne rs
100 NW I STAVE
DELRAY BEACH CITY OF
DELRAY BEACH FL 33444 2612
Sales Date Price
OR Book/Page Safe Type
Owner
SEP -2005 $0
18354/ 0613 FINALJUDGMENT
MAR -2004 $0
16817/ 1243 COUNTY DEED
DELRAY BEACH CITY OF
AUG -2003 $O
15666/0732 WARRANTY DEED
PALM BEACH COUNTY
SAN -1 974 $100
02302/0982 WARRANTY DEED
JAN -1 970 $12,500
01821 /0000 WARRANTY DEED
... . .... .
Exemption Applicant/Owner
Year
Detail
DELRAY BEACH CITY OF
2016 FULL:
MUNICIPAL GOVERNMENT
Nurnber of Units 0
"Total Square
0
Acres 0.1191
Feet
Use Code 8900
-MUNICIPAL Zoning R -I -A- Single
Family Residential 12-DELRAY
BEACH
Tax Year
2016 2015
2014
Improvernent Value
$0
$0
so,
Land Value
$30,568
$24,454
$23,290
Total Market Value
530,568
$24,454
$23,290
All values are as of January I st each year
Tax Year
2016 2015
2014
Assessed Value
$26,899
$24,454
$23,290
Exemption Amount
$26,899
$24,454
$23,290
Taxable Value
$o
$o
so; I
. ...... ..... .... ...
'Tax Year
2016 2015
. ..............
2014
Ad Valorem
$0
$o
so.
Non Ad Valorem
so
$0
$0
Total tax
so
$o
$0
I of 1 11/16/2016 12:43 PM
City of Delray Beach 100 N.W. 1st Avenue
Delray Beach, FL 33444
Legislation Text
File #: 17-070, Version: 1
TO: Mayor and Commissioners
FROM: Jeff Snyder, Chief Financial Officer
THROUGH: Chief Neal de Jesus, Interim City Manager
DATE: January 24, 2017
RESOLUTION NO. 03-17: CONTRACT FOR SALE AND PURCHASE BETWEEN GRAV INC AND
THE CITY OF DELRAY BEACH
Recommended Action:
Motion to Approve Resolution No. 03-17.
Background:
Resolution No. 03-17 adopts and includes the Vacant Land Contract between the City and Grav Inc
for property located at 1015 Mango Drive. The cost of the purchase is $42,000.00. The transaction
has been advertised and is ready for approval by the City Commission.
City Attorney Review:
Approved as to legal form and sufficiency.
Finance Department Review:
Finance recommends approval.
Timing of Request:
N/A
City of Delray Beach Page 1 of 1 Printed on 1/19/2017
pow[ lod by I ogiFfl ar nvl
This instrument was prepared by
and return to:
City Attorney's Office
200 N.W. 1st Avenue
Delray Beach, Florida 33444
PCN: 12-43-46-20-16-000-0510
QUIT -CLAIM DEED
THIS QUIT -CLAIM DEED, executed this day of , 2017 by the CITY
OF DELRAY BEACH, and having its principal place of business at 100 NW ls` Avenue, Delray Beach,
FL 33444, Grantor, to GRAV INC., a Florida for profit corporation, with a mailing address of 864
Jeffery Street, Boca Raton, FL 33487, Grantee:
(Whenever used herein the term "Grantor" and "Grantee" include singular and plural, heirs, legal representatives, and assigns of individuals, and
the successors and assigns of corporation, whenever the context so admits or requires.)
WITNESSETH, That the said Grantor, for and in consideration of the sum of Forty Two
Thousand Dollars 00/100 ($42,000.00) in hand paid by the said Grantee, the receipt whereof is hereby
acknowledged, does hereby remise, release and quit -claim unto the said Grantee forever, all the right,
title, interest, claim and demand which the said Grantor has in and to the following described lot, piece or
parcel of land, situate, lying and being in the County of Palm Beach, State of Florida, to -wit:
See Exhibit "A"
TO HAVE and to HOLD the same together with all and singular the appurtenances thereunto
belonging or anywise appertaining, and all the estate, right, title, interest, lien, equity and claim
whatsoever of the said First party, either in law or equity, to the only proper use, benefit and behoof of the
said Grantee forever.
IN WITNESS WHEREOF the said Grantor has caused these presents to be executed in its name,
and its corporate seal to be hereunto affixed by its proper officers thereunto duly authorized, the day and
year first above written.
[Signatures follow on next page]
IN WITNESS WHEREOF, Grantor has signed these presents the day and year first above
written.
Witness l:
Print Name:
Witness 2:
Print Name:
Approved as to Form:
By:
City Attorney
GRANTOR:
CITY OF DELRAY BEACH, FLORIDA
By:
Cary D. Glickstein, Mayor
ATTEST:
By:
City Clerk
EXHIBIT "A"
LOT 8, BLOCK D, PLAT OF SUNSET PARK DELRAY LT 51, ACCORDING TO THE PLAT
RECORDED IN PLAT BOOK 16817, PAGE 1243, PUBLIC RECORDS OF PALM BEACH
COUNTY, FLORIDA, BEING THE REAL PROPERTY DESCRIBED AS PARCEL NUMBER
12-43-46-20-16-000-0510 IN THE FINAL JUDGMENT RECORDED IN OFFICIAL RECORDS
BOOK 18354, PAGE 0613, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA.
CONTAINING 0.1191 ACRES.
NOTICE OF INTENT TO SELL REAL PROPERTY
NOTICE IS HEREBY GIVEN that the City of Delray Beach, Florida, has determined it
to be in the best interest of the City to sell the real property described as:
LOT 8, BLOCK D, PLAT OF SUNSET PARK DELRAY LT 51, ACCORDING TO THE PLAT
RECORDED IN PLAT BOOK 16817, PAGE 1243, PUBLIC RECORDS OF PALM BEACH
COUNTY, FLORIDA, BEING THE REAL PROPERTY DESCRIBED AS PARCEL NUMBER
12-43-46-20-16-000-0510 IN THE FINAL JUDGMENT RECORDED IN OFFICIAL RECORDS
BOOK 18354, PAGE 0613, PUBLIC RECORDS OF PALM BEACH COUNTY;,; FLORIDA.
CONTAINING 0.1191 ACRES.
The sale of this property is pursuant to a contract
(Seller) and Grav Inc, a Florida Limited Liability CompanS
thousand Dollars ($42,000.00) plus additional consideration
Land Contract. Further information may be obtained fron
Commission of the City of Delray Beach, Florida, shall he
sale at a City Commission meeting on January 24, 2017 'at i
be heard and continuing from time to time and place to ply
Chambers at City Hall, 100 N.W. lst Avenue, Delray Beach,
y:
Publish: Sun -S
xxx
between the City of Delray Beach
(Buyer) in the: amount of forty two
and terms, as set forth in the Vacant
the City Clerk's Office. The City
Id a public hearing of -the proposed
00 p.m.", or as soon thereafter as can
ce as necessary, at the Commission
OF DELAY BEACH, FLORIDA
Chevelle Nubin
City Clerk