Res No. 04-17RESOLUTION NO. 04-17
A 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 MICHAEL KERN, OR NOMINEE; 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 Michael Kern, or nominee (`Buyer"); and
WHEREAS, Buyer has requested the City convey its interest in the Property to Buyer and in
consideration, Buyer will pay nine thousand five hundred dollars ($9,500.00); 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 Michael Kern, or nominee, as Buyer, for a purchase price of nine thousand five hundred dollars
($9,500.00) 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 Michael Kern, or nominee, 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 Michael Kern, or nominee are incorporated herein as Exhibit "C".
Section 3. This Resolution shall be effective immediately upon adoption.
PASSED AND ADOPTED in regular session on the 24"' day of januga, 2017.
ATTEST:
City Clerk
MAYOR
2
Res No. 04-17
37ME
THE WEST ONE HALF (1/2) OF THE ABANDONED ALLEY LYING EASTERLY OF AN ADJACENT LOT
3, BLOCK 5, SOPHIA FREY SUBDIVISION, ADDITION TO DELRAY, PALM BEACH COUNTY,
FLORIDA ACCORDING TO THE PLAT RECORD IN PLAT BOOK 4, PAGE 37, PUBLIC RECORDS OF
PALM BEACH COUNTY, FLORIDA. BEING THE REAL PROPERTY DESCRIBED IN THE TAX DEED
RECORDED IN OFFICIAL RECORD BOOK 9940, PAGE 1329, PUBLIC RECORDS OF PALM BEACH
COUNTY, FLORIDA.
PCN: 12-43-46-09-16-005-0031
3
Res No. 04-17
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:
THE WEST ONE HALF (1/2) OF THE ABANDONED ALLEY LYING EASTERLY OF AN
ADJACENT LOT 3, BLOCK 5, SOPHIA FREY SUBDIVISION, ADDITION TO DELRAY, PALM
BEACH COUNTY, FLORIDA ACCORDING TO THE PLAT RECORD IN PLAT BOOK 4,
PAGE 37, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. BEING THE REAL
PROPERTY DESCRIBED IN THE TAX DEED RECORDED IN OFFICIAL RECORD BOOK
9940, PAGE 1329, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA.
PCN: 12-43-46-09-16-005-0031
The sale of this property is pursuant to a contract between the City of Delray Beach
(Seller) and Michael Kern, or nominee, (Buyer) in the amount of nine thousand five hundred
Dollars ($9,500.00) plus additional consideration and terms, as set forth in the Vacant Land
Contract. Further information may be obtained ftm the City Clerk's Office. The City
Commission of the City of Delray Beach, Florida, shall hold a public hearing on the proposed
sale at a City Commission meeting on January 24, 2017 at 7:00 „p.m., or as soon thereafter as can
be heard and continuing from time to time and place to place,`as necessary, at the Commission
Chambers at City Hall, 100 N.W. 1st Avenue, Delray Beach, Florida;.
Y BEACH, FLORIDA
Chevelle Nubin
City Clerk
Publish: Sun -Sentinel
This instrument was prepared by
and return to:
City Attorney's Office
200 N.W. 1st Avenue
Delray Beach, Florida 33444
PCN: 12-43-46-09-16-005-0031
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 Michael Kern, or nominee, with a mailing address of 17227-3 Boca Club
Boulevard, 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 Nine Thousand five
hundred Dollars 00/100 ($9,500.00) 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"
THE WEST ONE HALF (1/2) OF THE ABANDONED ALLEY LYING EASTERLY OF AN
ADJACENT LOT 3, BLOCK 5, SOPHIA FREY SUBDIVISION, ADDITION TO DELRAY, PALM
BEACH COUNTY, FLORIDA ACCORDING TO THE PLAT RECORD IN PLAT BOOK 4,
PAGE 37, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. BEING THE REAL
PROPERTY DESCRIBED IN THE TAX DEED RECORDED IN OFFICIAL RECORD BOOK
9940, PAGE 1329, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA.
PCN: 12-43-46-09-16-005-0031
Vac ant Land Contract G Reahrs�`
,11 1, Sale arid Purchase.City of De tt)
("Seller
2� and Michgel,Ke Fn, or F6R ("Buyer")
3 (the "parties"") ag-ree -to-se-j[ and buy on the terms and conditions specified below the property ("Property")
4 described as:
,5= Address:_ 9th Avenue, Delray Beach, Florida
Legal Descr[-fi
rj"o-n: -Long :1�-gel
7
10
11- SEC 09 /TWP 4
rh County, Florida, Real Property ID No,: -0971-6Z-69-06-3-71
12- including all lmprovernenis existing on the Property and the following additional properb . _.-onr--FiYt-e:-d-o-r Rr-i3-w-F--
1 ",1
10 2, Purchase Price: (U.S. currency) ..... .......... ...... $ 9,500m
'15 All deposits will be made payable to "Escrow Agent" narned below and held in escrow by:
16� Escrow Agent's Carne: COHEN NORRIS WOLMER RAY TELEPMAN COHEN
17- Escrow Agent's Contact Person: �_ Peter lay
18. Escrow Agent's Address: 7!T- 0-,S.-R\�-y-,F� -sullfe-4-oo
NF5
19� Escrow Agent's Phone: -6-6-1-84473-60--
20- Escrow Agent's Email:
21 (a) Initial deposit ($0 if left blank) (Check if applicabie)
22- 0- accompanies offer
23 f will be delivered to Escrow Agent within 3 days (3 days if left blank)
24, after Effective Date .... ........ ......
.......... 000'.00
2 5 (b) Additional deposit will be delivered to Escrow Agent (Check if applicable)
26- D within days (10 days if left blank) after Effective Date
27- EJ within days (3 days if left blank) after expiration of Feasibility Study Period $ .......
28- (c) Total Financing (see Paragraph 5) (express as a dollar amount or percentage) .............
29- (d) Other:
30 (e) Balance to close (not including Buyer's closing costs, prepaid items, and prorations)
31� to be paid at closing by wire transfer or other Collected funds ... --- ...... ...... 8,500,00
32� (f) FJ (Complete only if purchase price will be determined based on a per unit cost instead of a fixed price.) Tile
33- unit used to determine the purchase price is EJ lot El acre El square foot F] other (specify):
34M prorating areas of less than a full unit. The purchase price will be $-__ per unit based on a
35 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 frorn the
37- calculation:
38 3 a Time for Acceptance; Effective Date: Unless this offer is signed by Seller and Buyer and an executed copy
39- delivered to all parties on or before December 16, 2016 -_, this offer will be withdrawn 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 is the date on which the last one of the Seller and Buyer
42 has signed or initialed and delivered this offer or the final Counter offer,
43* 4. Closing Date: This transaction will close on --January 17, 2017 - ("Closing Date"), unless specifically
44 extended by other provisions of this contract, The Closing Date will prevail over all other time periods including,
45 but not limited to, Financing and Feasibility Study periods, However, if the Closing Date occurs an a Saturday,
46 Sunday, or national legal holiday, it will extend to 5:00 p.m. (where the Property is located) of the next business
47 day, In the event insurance underwriting is suspended on Closing Date and Buyer is unable to obtain property
48 insurance, Buyer may postpone closing for up to 5 clays after the Insurance underwriting suspension is lifted. If
49 this transaction does not close for any reason, Buyer will immediately return all Seller provided documents arid
150 other, items.
Buyer",, and Seller (__j acknowledge receipt of a copy of this page, wi-lico is I of 7 pages,
VAC -19 Rav8/14 Q Florida Realtors
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51 5. Financing: (Check as applicable)
52,, (a) r-, Buyer will pay cash for the Property with no financing contingency.
r
53� (b) E I This contract is contingent on Buyer qualifying for and obtaining the commItrnent(s) or approval(s)
54* specified below (''Financing") within __ days after Effective Date (Closing Date or 30 days after Effective
55s Date, whichever occurs first, if left blank) ("Financing Period"). Buyer will apply for Financing within
56 days after Effective Date (5 days if left blank) and will timely provide any and all credit, employment, financial,
57 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,
60- (1) El New Financing: Buyer will secure a commitment for new third party financing for . .... .
61- or - % of the purchase price at (Check one) I.] a fixed rate not exceeding an
62� adf6stabie, interest rate not exceeding __--% at origination (a fixed rate at the prevailing interest rate
63 based on Buyer's creditworthiness if neither choice is selected). Buyer will keep Seller and Broker fully
64 informed of the loan application status and progress and authorizes the lender or mortgage broker to
e) 5 disclose all such information to Seiler and Broker.
66- (2) EJ Seller Financing: Buyer will execute a 0 first n second purchase money note and mortgage to
67- Seller in the amount of bearing annual interest at and payable as
68follows:
69 The mortgage, note, and any security agreement will be in a form acceptable to Seller and will follow
70 forms generally accepted in the County where the Property is located; will provide for a late payment fee
711 and acceleration at the mortgagee's option if Buyer defaults; will give Buyer the right to prepay without
72 penalty all or part of the principal at any time(s) with interest only to date of payment; will be due on
73 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
76 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.
7& (3) EJ Mortgage AsSUMPU011: Buyer will take title subject to and assurne and pay existing first mortgage to
79-
80- LN#-- in the approximate arnount of currently payable at
81a$—___ per month, Including principal, interest, EJ taxes and insurance, and having a
82� F - .1 fixed EJ other (describe)
83- interest rate of % which 11 will n will not escalate upon aSSUrniption, Any variance in the
84 mortgage will be —adjusted in tyre balance due at closing with no adjustment to purchase price. Buyer will
85- purchase Seller's escrow account dollar for dollar. If the interest rate upon transfer exceeds % or
86the assumption/transfer fee exceeds $
. .... . either party may elect to pay the excess,
87 failing which this contract will terminate; and Buyer's deposit(s) will be returned, If the lender disapproves
88 Buyer, this contract will terminate; and Buyer's deposit(s) will be returned,
89. 6, Assignability: (Check one) Buyer E-) may assign and thereby be released from any further liability under this
90* contract, [-] may assign but not be released frorn liability under this contract, or FJ may not assign this contract,
91� 7. Title: Seller has the legal capacity to and will convey marketable title to the Property by OX Statutory warranty
92, deed n special warranty deed 0 other (specify) free of liens, easements,
93 and encumbrances of record or known to Seller, but Subject to property taxes for the year, of closing; covenants,
94 restrictions, and public utility easements of record; existing zoning and governmental regulations; and (list any
95� other matters to which title will be Subject)
96 provided there exists at closing no violation of the foregoing.
97 (a) Title Evidence: The party who pays for the owner's title insurance policy will select the closing agent and
98 pay for the title search, including tax and lien search if performed, and all other fees charged by closing agent,
99 Seller will deliver to Buyer, at
1 M (Check one) Cl Seller's 0 Buyer's expense and
101- (Check one) EI within ---_ days after Effective Date I-XI at least0— days before Closing Date,
'102 (Check one)
1103(1) [x] a title insurance commitment by a Florida licensed title insurer setting forth those matters to be
104 discharged by Seller at or before closing and, upon Buyer recording the deed, an owner's policy in the
105 amount of the purchase price for fee simple title subject only to the exceptions stated above, if Buyer is
106 paying for the owner's title insurance policy and Seller has an owner's policy, Seller will deliver a copy to
107 Buyer within 15 days after Effective Date,
131-1yer/(U._) and Seller acknowledge receipt of a copy of this page, which is 2 of 7 pages,
VAC-'� —R., 8/14 @ Florida Realtors'
SeriafM 030519-200148-1131620
108, (2) Oan abstract of title, prepared or brought Current by an existing abstract firm or certified as correct by an
109 existing firm. However, if such an abstract is not available to Seller, then a prior owner's title policy
110 acceptable to the proposed insurer as a base for reissuance of coverage may be used, The prior policy
'111 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 be the title evidence,
115 (b) Title Examination: After receipt of the title evidence, Buyer will, within. '10 days (10 days if left blank)
116 but no later than Closing Date, deliver written notice to Seller of title defects. Tit -le will be deemed acceptable
117 to Buyer if (I) Buyer fails to deliver proper notice of defects or (!I) 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
110 the defects are cured within theCurePeriod, closing will OCCUr within 10 days after receipt by Buyer of notice
120 Of Such cure. Seller may elect not to Cure defects if Seiler 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 8. Property Condition: Seller will deliver the Property to Buyer at closing in its present "as Is" condition, with
131 conditions resulting from Buyer's Inspections and casualty damage, if any, excepted. Seller will not engage in or
132 perrnit 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= (1) FI Feasibility Study: Buyer will, at Buyer's expense and within 30 days (30 days if left blank)
135 ("Feasibility Study Period") after Effective Date and in BUyer's sole and absolute discretion, determine
136 whether the Property is Suitable for Buyer's Intended use, During the Feasibility Study Period, Buyer
137 may conduct a Phase 1 environmental assessment and any other tests, analyses, surveys, and
138 investigations ("Inspections") that Buyer deems necessary to determine to Buyer's satisfaction the
119 Property's engineering, architectural, and environmental properties; zoning and zoning restrictions;
140 subdivision statutes; soil and grade; availability of access to public roads, water, and other utilities;
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 or rezoning approvals. Seller gives
145 Buyer, its agents, contractors, and assigns, the right to enter the Property at any time during the
146 Feasibility Study Period for the purpose of conducting Inspections, provided, however, that Buyer, its
147 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,
149 including attorneys' fees, expenses, and liability incurred In application for rezoning or related
'150 proceedings, and from liability to any person, arising from the conduct of any and all Inspections or any
151 work authorized by Buyer. Buyer will not engage in any activity that could result in a construction lien
152 being filed against the Property without Seller's prior written consent. If this transaction does not close,
153 Buyer will, at Buyer's expense, (i) repair all damages to the Property resulting from the Inspections and
154 return the Property to the condition it was in before conducting the Inspections and (H) release to Seller
155 all reports and other work generated as a result of the Inspections,
156 Before expiration of the Feasibility Study Period, Buyer Must deliver written notice to Seller Of Buyer's
157 determination of whether, or not the Property is acceptable. Buyer's failure to comply 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 firyiely delivered to
160 Seller, this contract will be deemed ten-ninated, and Buyer's deposit(s) will be returned.
161- (2) EINo Feasibility Study: Buyer is satisfied that the Property is Suitable for Buyer's purposes, including
162 being satisfied that either public sewerage and water are available to the Property or the Property will be
163 Buyer approved for the installation of a well and/or private sewerage disposal system and that existing zoning
.j and Seller acknowledge receipt of a copy of this page, which is 3 of 7 paq
VAC; -'I( "RfN 8/14 es,
@ Florida Realtors'
SedRIM 0395'19-200148-1131620
'164 and other pertinent regulations and restrictions, such as Subdivision or deed restrictions, concurrency,
165 growth management, and environmental conditions, are acceptable to Buyer. This contract is not
166 contingent on Buyer 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
169 expired or if Paragraph 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 to improving the Property and rebuilding in the event of casualty.
173 (d) Coastal Construction Control Line ("CCCL"): If any part of the Property lies seaward of the CCCL as
174 defined in Section 161,053, 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
176 Property being purchased may be subject to coastal erosion and to federal, state, or local regulations that
177 govern coastal property, including delineation of the CCCL, rigid coastal protection structures, 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 of the Property being purchased,
181 El Buyer waives the right to receive a CCCL affidavit or survey.
'182 9. Closing Procedure; Costs: Closing will take place in the 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 to Seller (in local cashier's check if Seller requests in writing at least 5 days before closing) and brokerage fees to
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 on deed
190 Recording fees for documents needed to cure title
1911 Title evidence (if applicable under Paragraph 7)
192- Other: Real Estate Commission
'193 (b) Buyer Oasis;
194 Taxes and recording fees on notes and mortgages
195 Recording fees on the deed and financing statements
'196 Loan expenses
197 Title evidence (if applicable under Paragraph 7)
198 Lender's title policy at the simultaneous issue rate
199 Inspections
200 Survey
201 Insurance
202* Other:
203 (c) Proratlons: The following items will be made Current and prorated as of the day before Closing Date: real
204 estate taxes (including special benefit tax liens imposed by a CDD), interest, bonds, assessments, leases,
205 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 by Public Body: Regarding special assessments imposed by a public body, Seller
208 will pay (I) the full amount of liens that are certified, confirrned, and ratified before closing and (ii) the amount
209 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 arnounts, If special assessments may be
211- paid in installments, I-.] Seller r�] 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' or Condominium Association.
214 (e) PROPERTY TAX DISCLOSURE SUMMARY: BUYER SHOULD NOT RELY ON THE SELLER'S CURRENT
215 PROPERTY TAXES AS THE AMOUNT OF PROPERTY TAXES THAT BUYER MAY BE OBLIGATED TO
216 PAY IN THE YEAR SUBSEQUENT TO PURCI IASE. A CHANGE OF OWNERSHIP OR PROPERTY
217 IMPROVEMENTS TRIGGERS REASSESSMENTS OF THE PROPERTY THAT COULD RESULT IN
218 HIGHER PROPERTY TAXES, IF YOU HAVE ANY QUESTIONS CONCERNING VALUATION, CONTACT
219 THE COUNTY PROPERTY APPRAISER'S OFFICE FOR FURTHER INFORMATION,
Buyer( �&-<, and Seller acknowledge receipt of a copy of this page, which is 4 of 7 pages,
VAC -10 Rev 8/14 @ Florida Realtors"
Sedalgk Q3"J51J•7„GU9A5 1191f (1 r
220 (f) Foreign investment in Real Property Tax Act ("FIRPTA"): If Seller is a "foreign person" as defined 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,
226 however, that the cooperating party will Incur no liability of, cost related to the Exchange and that the closing
227 will not be contingent upon, extended, or delayed by the Exchange,
228 10. Computation of Time: 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(x). Any time period ending on a Saturday, Sul iday, or national legal holiday
231 will extend until 5:00 p,m. (where the Property is located) of the next business day. Time is of the essence in
232 this contract,
233 11, Risk of Loss; Eminent Domain: If any portion of the Property is materially damaged by casualty before closing
234 or Seller negotiates with a governmental authority to transfer all or part of the Property in lieu of erninent domain
236 proceedings or an eminent domain proceeding is initiated, Seller will promptly inform Buyer, Either party may
236 terminate this contract by written notice to the other within 10 days after Buyer's receipt of Seller's notification,
237 and Buyer's deposit(s) will be returned, failing which Buyer will close in accordance with this contract and
238 receive all payments made by the governmental authority or insurance company, if any,
239 1, Force Majeure: Seller or Buyer will not be required to perform any obligation under this contract or be liable to
240 each other for damages so long as the performance or non-performance of the obligation is delayed, caused, of,
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 of- 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 majeure is in place. However, in the event that such act of God or force
246 r-najeure event continues beyond 30 days, either party may terminate this contract by delivering written notice to
247 the other; and Buyer's deposit(s) will be returned,
248 13, 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 is the entire agreement between Seller and Buyer,
255 Except for brokerage agreements, no prior or present agreements will bind Seller, Buyer, or Broker
256 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
260 binding. Handwritten or typewritten terms inserted in or attached to this contract prevail over preprinted terms. If
261 any provision of this contract is or becomes invalid of- unenforceable, all remaining provisions will continue to be
262 fully effective. Seller and Buyer will use diligence and good faith in performing all obligations under this contract,
263 This contract will not be recorded in any public record. The terms "Seller," "Buyer," and "Broker" may be singular
264 or plural. This contract is binding on the heirs, administrators, executors, personal representatives, and assigns, if
265 permitted, of Seller, Buyer, and Broker,
266 15, Default and Dispute Resolution; This contract will be construed Under Florida law, This Paragraph will survive
267 closing or termination of this contract,
268 (a) Seller Default: If Seller fails, neglects, or refuses to perform Seller's obligations under this contract, Buyer
269 may elect to receive a return of Buyer's deposit(s) without thereby waiving any action for damages resulting
270 from Seller's breach and may seek to recover such darnages or seek specific performance. Seller will also
271 be liable for the full amount of the brokerage fee,
! V'� "
Buyer'. —Y( __) and Seller(.
VAC -1Q,% __� WT4 . . . ...... acknowledge receipt of a copy of this page, which is 5 of 7 pages.
R, CeD Florida Realtars"
2 712 (b) Buyer Default: If Buytar fails, regiects, rW tO PGTfOhI� 1`;UYW�'s uncJer oiis
payeM ch dya0py wMki Vm Wn%Q Ye0ea SOWn"zy n) I,eccf,,,ef aa,'CA etair f,,P,
274 de;bOsHW, pfd and agmed to be pla, hx he amoul of SWWr as agmed won HpideAd "SpSr
consWetatbri br emcuUm of to cuvat and h kO SHWURM Of WN 015MI vMemymn Sakr W Buyer
wN be ralleved from aH Wher oNWaMms undw this com"'naci cr S'edier', W, Sel'ker's or%t,,r,, rnay pnoceed h
20 equqy to edome SeHaWs dghts undo Hs cmAnnt,
N6 16. Escmiw Agent; C�oshg AQW: Wher and Buyer Wome Exmw Agen wA cat% agnt 0WmWqy
1 111 "Agent") to Oeceive, deposit, and hod hmds and oMer Rems h euvow ana SAW to Codethm d5ume Mem
280 upon pmper Whodmation and 6 momme wM" Rwha law and an terrns of this (,,,ontrac�, irrciuding disbursmp
M twokerage fees ToHecUon'cx, 'Cs,'jecter',)" rneans omy checks tendered or mceKmi have�� memme am4 and
282 Why C„ 01 and depoOed Al Re aumn d Agem Yhe Pants agme 1hat Agent wd ffoo! be HaNe to any
283 person for rn�sdelivery of escrom/ed Ums to BMW or Buyer% �he, nn�,sde!�very is due, to Agentl=d
H4 bmaO of tt'tis co,,rnract or gross negNgence. If Agord hImptads the SW)jeCt r11@ttec,7f the escrovv, Aqerifvvifl pay
M5 Vm NQ %es and cats ham Do d%mm', arie, wflleCDVOI �avaSOrlabk"ltlofneys' fees an�d costs 'o, be �oiid fmrn lhe
2816 escrvmed Ws w egbrahra and charged and awaded as cowl coMs h WO of he immiHng pany,
28t' 17, Professicma� Advnce, Broker Uaiyflity: Bro',�er arpj[SE4,-, SeHerand Buyer to vei-H)a
f {� fac,sand
20 that are, rnportand, to them ard Us consul: an app,a ,liate lell,,at arxvlce,'"Or
2,81V this co6"dW4 dehmArihig the eftec� ch �,&,kes an Me PmpwW and Mrs P amsomr, WWus W vW, hAgn KmMio4
211 reporting requirennends, the eftect c�if proper�y IQ pstWj cy jmkAy mawwyd 1, CGCV eQ mW br Wx,
2�� 1 property concfitbn, enOforfrnenWL and WAr specilked advice that Broker does not reshe
292 in the %PeNy md that all represernabons QW mait�em of cthei,wiser �)y Hmker we based on SoHer
293 representaWns or pna)Hc records Buyer agress to rdy soNN on SoNq pmksmmmj mWedors, and
294 governmPrit ripen es hw m%mon ad Me oda party condMan am"ifoicts that rnater!�Oy affect Property
1 4,
20 Ne r and Buyer WY
To hmNile" ss ml Wease BrGer and Brmers Wcam, dmovy& agers, z""'I pk:rVees h on" ar Hat")dflty for cur
"� r
no damqe band on W SeHers or Buyefs mWshren-twi or Howe tc; pedarm mnUavuw ObPpbonC OQ Me use or
NO dhoM Or AQ W by Urill poks WGUMng, knd Cad t lknI ed photographs Knages, fir aphns, vi&o,
Sol recoUngs, Wtual hurt Immix mithn dascNphans, and renwrks related to the Propery: (do Evokers
34 PerfOrnla,"ICe, at Sellers or BuysKs �,eques�, Of arry task beyr,'nicf thscope of servlf,,es regUated by Chapter,47,5
U."" p5ma SWWRY as ammwej Y14 dial Brokes m%Ua[ mcarrunendation, (if, rete�,ttjoj of any venidor� y
3 N pm&mts or seNkes pmvded by any vmkor; and (v) expensms �� �cd� reg f,�y any v�e i Wor, Be Her and Buyer each
8SSUrne U responsbUy Wr mect�ng and compensWN Q sm, mysmNe vWdWg Ths PwaWph wM not Weve
306 !3Mk(,N- Of Statutory obfigations. For purposes of di Palograph,noker MH be ImMed as a party
b to cmpmry
3V 'T'hs F"12ragraph vvil suvvive caodrinq
3H 1& Comm= ReW Eme SaWs ConmWon Lon AO: If Te PMP.Y K carm-nercial real e.,-,,,tat,,e, as defined 1)rwr
2,Uftl Secflon 475 70t Fbrhda Stajt,S,res, [ne fohovifing r"isdosufll app�""(: � he F Rea� Estate Sa�e s
3W COMOSSiC0 Lier", Act provdesthatwhen 6, broker has eamed a commisbn by PEW UMV19 Hcensed so; Wces
�0" uEck -n, a brokerage agr"in ertwilh you, he brokar may US a flan agj@r,,s yoj, net sales, oroceer,' R
312 msfm �e
brokers o=mAKryj, 1he &Aers hen r1his under Te ad CWMW be'vva8ve�,J f,7E-Kfore the cnrnmission is
EWkeLe Tht,, brok.ers named bNow ran urrley%mN rduqcj , �rcke�' " h"�s-trucflon to closinC,1
Whr and Bqmr Mmm CbMng ageM to dibme at ching Hm fG! amows of he bfofu,-,lrage,� af- spr:v,:�ifia�:1 in
sma=e bm*emge agreement vii h te par-tAs and CmPemhe aWwrents bedwmm to Bmkw& emep! to !W,""
r, exze(lt Sroc��E,,r has nNeWred sudi fees Aran he esuoWed Wis. Th�!," Pan""grapif'offll no� t'I'a used �o �"rvy
L
NIS a, Mher oHer of compensahan made by Sellret or Selter's Brokpi, to Buyer's Blfoker
00 Anderson & Carr, �nc
'MH be cmVemeted by X So Im , �)e I Wrs Wer)
52 (Spec'�ff,): 1 .rEAHWmg agmemern Uttar
321 ......... . �'V/k
.... . . ..... .. . .. ....... (Buyer's 133rcker)
322, w i i � b e�' ��o m f"' e, n 5"a t e d b y S e a 77 3TTye--r" 0-6 o- Mp A- i-B'Wer nam mm 5 F A NKS 00 rr,rf
S'11- %cornpensaUon {ather (Spedfy)
a COO 0 Wz 11W Mto W 7
324- 20. Additional 'Terms:
325
326
327
328
329
310
331
332
333
334
336
336
337
338
339
340
341 This is intended to be a legally binding contract, If not fully understood, seek the advice of an attorney before
342 signing,
341k Buyer:
Date: z�/
344* Print name: Michael Kern, or nominee
345. Buyer; Date:
346, Print narne-
347 Buyer's address for purpose of notice:
348,. Address: 17227-3 Boca Club Blvd,, Boca Raton, Florida 33487
349* Phone: 401-741-6301 — Fax: w Email: ---- Cheryl,kerii@verizon.net
350- Seller: Date:
351- Print name: City of Delray Beach
352a Seller: Date:
353- Print narne:
354 Seller's address for purpose of notice:
355- Address: 100 NW First Avenue, Delray Beach, Florida 33444
356Phone: 561-243-7000 Fax: Email:
357*1 Effective Date: (The date on whic-h —the iastparty "---'------
358 final offer or counter —offer.) signed or initialed and delivered the
Florida Realtors"' and local Board/Association of REALTORS" rnake 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 of, with extensive riders or
additions, This form is available for use by the entire real estate industry and is not intended to identify Ole user as a REALTOR".
REALTOR" is a registered collective mernbership 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.&
Code) forbid the unauthorized reproduction of blank forms by any means including facsimile or computerized forms,
Bu�a-r,-.-,.) and Seller (_..) ( ) acknowledge receipt of a copy of this page, which is 7 of 7 pages.
VAC -10 Rev 8/14
Cc) Florida Realtors'
5erkal#: 039519,200148.1'131620
AddendLIM tea Coritract
Addendum No, —_ to the Contract dated between
City of De - Iray - Beach (Seller)
and Michael Kern - , or nominee (Buyer)
concerning the property described as: NW 9th Avenue, Delray Beach, Florida
(the "Contract"). Seller and Buyer make the following terms and conditions part of the Contract:
Legal Description:
Tile west one half (1/2) of the abandoned alley lying easterly of an adjacent lot 3, block 5, Sophia Frey Subdivision,
addition to Delray, Palm Beach County, Florida, according to the plat record in plat book 4, page 37, public records of
Palm Beach County, Florida, Being the real property described in the tax deed recorded in official record book 9940, page
1329, Public Records of Palm Beach County, Florida,
PCN: 1243-46-09-16-005-0031
Buyer:
Buyer:
Seller:
ACSP-3 Rev 10/15
Date:
Date:
MM
Date:
Q2015 Florida Realtors"
Addendum to Contract
Addendum No. 2 to the Contract dated between
City of Delray Beach (Seller)
and Michael Kern, or nominee (Buyer)
concerning the property described as: NW 9th Avenue, Delray Beach, Florida 33483 PCN: 12-43-46-09-16-005-003,1
(the "Contract"). Seller and Buyer make the following terms and conditions part of the Contract:
This contract is contingent upon its approval by the city of Delray Beach Commission,
Buyer:
Buyer:
Seller:
Seller:
Date:
M.
Date:
ACSP-3 Rev 10/15 02015 Florida Realtors"
028663-20014MI23162