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Res No. 39-17RESOLUTION NO. 39.17 A RESOLUTION OF THE CITY COMM.TSSION OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING THE CI'TY TO SELL TO BUYER CERTAIN REAL PROPERTY IN PALM BEACH COUNTY' FLORIDA, AS DESCRIBED HEREIN, AND HEREBY ERECUnN'G A QUIT CLAIM DEED STATING THE TERMS AND CONDITIONS THEREOF; AND FOR OTHER PURPOSES. WHEREAS, the City of Delay Beach, Florida, C City'i is willing to convey certain property located at 316 SW 4�A Avenue, Delay Beach, Flozida ("Property" to Gregory Daniel Sullard, (`Buyer"}; and WHEREAS, the City obtained Property through, a County Deed floin the Palm Beach County Board of Commissioners in 2015; 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 ORDAD4ED BY THE CITY COMMISSI=ON OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS. action I That the City Commission of the City of Delray Beach, Florida, as Seller, hereby agrees to sett. Property to Gregory Daniel Sullard, as Buyer, for a purchase price of Sixty Thousand Dollars ($60,000) and other good andvaluable consideration; said Property being described as follows: TOWN OF DELRAYLOT'S 4 & 24 BLK 32. Section 2. That the terms and conditions contained in the vacant land contract between. the City of Delray Beach, Florida, and Gregory Daniel. Sullard ate. incorporated herein as Exhibit "V. Section 3. That the terms and conditions contained in the Quit Cl'sim deed between the City of Delroy Beach, Florida, and Gregotp Daniel Sullard are mcorpotatcd herein as Exhibit "B PASSED AND ADOPTED in regular session on the � e � da f=., , ` 201?. a rz, MAYOR ClerLk I \ if 1'�.•�y��ilt .'.. Vacant Land Contract -1* . -Safeand Purc 2• and— - reU gory daniel Suillard ("Buyer" 3 (the "parties") agree to sell and buy on the terms and conditions specified below the property ("Property") 4 described as: s* Address: 316 SW 4th Avenue, Delray Beach, Florida 33444 a• Legal Description., Town of petratt Beach Lots 4 &24 Block 32. The above being the real property descriptlon 7 underTax Certificate Number 22828 in the Tax Reed recorded In Oiftcial Record Book 27403, Page 0166, Public Al Records of Palm Beach County, Florida. 10 11i SEC !6 /T VP±(RNG43 of Palm Beach County, Florida. Real Property ID No.: 12-43-46-16-01-032-0040 12* inciuding all improvements existing on the Property and the following additional property: one note or nown 13 14* 2. Purchase Price: (U.S. currency).... ........ ................. .......... ........... $ 60,000.00 1s All deposits wilt be made payable to "Escrow AgeW named below and held in escrow by: 164 Escrow Agent's Name: Cohen Dorris Wolmer day Telepman Cohen 17- Escrow Agent's Contact Person: Peter Ray 18* Escrow Agent's Address: 712 U.S, HwySuit 490, , F1 3340N— Is* Escrow Agents Phone: 20. Escrow Agent's Email: _ 21 (a) Iflitial deposit ($0 if left blank) (Check if applicable) 22* ❑ accompanies offer 23* M will be delivered to Escrow Agent within 3 days (3 days if left blank) 24* after Effective Date ...................................... .............. .. ......................_ $ 3,000.00 25 (b) Additional deposit will be delivered to Escrow Agent (Check if applicable) 28* ❑ within days (10 days if left blank) after Effective Date 27* El 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) .................. $57,000.00 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 ............................................. $ 0.00 32t (f) ❑ (Complete only if purchase price will be determined based on a per unit cost instead of a fixed price) The ss* unit used to determine the purchase price is ❑ lot Cl acre CI square foot © other (specify): 34* 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 Propertyas 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: ss 3. Time for Acceptance, (Effective Date: Unless this offer is signed by Seller and Buyer and an executed copy 30• delivered to all parties on or before May 5, 201T , 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. Oat 4. Closing Date: This transaction will close on June 19, 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 on 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, Guyer may postpone closing for up to 5 days after the insurance underwriting suspension is lifted. If 48 this transaction does not close for any reason, Buyer will immediately return all Seller provided documents and 54 other items. Guyer (__j and Seller (,_ ,,_) (_) acknowledge receipt of a copy of this page, which is I of 7 pages VAC -10 Rev 8114 0 Ronda Realtors' 5eralk dagal-700749.3217615 EXHIBIT "Art 51 5. Financing: (Check -as applicable) - - 52= (a) ❑ Buyer will pay cash for the Property with no financing contingency. 53* (b) D This contract is contingent on Buyer.guatifying for and obtaining the commitment(s) or 55 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, so. (1) 0 New Financing: Buyer will secure a commitment for new third party financing for $57,000.00 61• or 96% of the purchase price at (Check one) O a fixed rate not exceeding o ir-.) an 52• adjustable interest rate not exceeding _% at origination (a foxed 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 65 disclose alt such information to Seller and Broker. C& (2) ❑ Seller Financing: Buyer will execute a El first ❑second purchase money note and mortgage to 67* Seller in the amount of $ , bearing annual interest at % and payable as ss* follows: 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 71 '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 75 to obtain credit, employment, and other necessary information to determine creditworthiness for the 76 financing, Sellerwill, 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* BO* W# in the approximate amount of $ currently payable at 81* $ per month, including principal, interest, ❑ taxes and insurance, and having a 82* ❑ fixed ❑ other (describe) as* interest rate of % which ❑ will ❑ will not escalate upon assumption. Any variance in the a4 mortgage will be adjusted in the 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 as* the assumptionitransfer 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 as Buyer, this contract will terminate; and Buyer's deposit(s) will be returned. ask 6. Assignability: (Check one) Buyer ❑ may assign and thereby be released from any further liability under this 9o* contract, ❑ may assign but not be released from liability under this contract, or ® may not assign this contract. 91* 7. Title: Seller has the legal capacity to and will convey marketable title to the Properly by ❑ statutory warranty 92* deed ❑special warranty deed Q other (specify) Quit Claim Deed , 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 wilt 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 dosing agent and 98 pay for the title search, including tax and lien search if performed, and all other fees charged by closing agent. ss Seller will deliver to Buyer, at 100. (Check one) ❑ Seller's 9 Buyer's expense and 101* (Check one) ❑ within days after Effective Date ® at least 10 days before Closing Date, 102 (Check one) 103* (1) O 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 hos 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. e7, Buyer,(_) and Seller �_j 1 l acknowledge receipt of a copy of this page, which is 2 of 7 pages VAC -10 Rev 8114 0 Florida Realtors' SariaNt °@@831-7°@1d93217°i5 108• -t2) Clan 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 114 then (1) above will be the title evidence. 115= (b) Title Examination: After receipt of the title evidence, Buyer wig, within 10 days (10 days if left blank) 116 but no later than Closing Date, deliver written notice to Seiler 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• Seiler 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 of notice 12o of such 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: Seiler warrants that the Property presently has ingress and egress. 13o 8. Property Condition: Seller will deriver 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 permit any activity that would materially alter the Property's condition without the Buyer's prior written consent. 183 (a) Inspections: (Check (1) or (2)) 134- (1) r] Feasibility Study: Buyer will, at Buyer's expense and within 15 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, surreys, and 136 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, 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 fie 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 160 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 (1i) 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 timely delivered to leo 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 Buyer's 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 system and that existing zoning Buyer' ri)t,__) and Seller L__) () acknowledge receipt of a copy of this page, which is 3 of 7 pages - VAC -10 Rev 8114 V Florida Realtors' Sem* 00631-700149-3217011S 164 and other pertinent regulations and restrictions, such as subdivis€on-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. les expired or if Paragraph 8(a)(2) is selected. 170 (c) Flood Zone: Buyer is advised to verify by surrey, 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. 1733 (d) Coastal Construction Control Line ("CCCL"): If any part of the Property lies seaward of the COGL as 174 defined in Section 161.D53, 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• © 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 1W 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 tale 191 Title evidence (if applicable under Paragraph 7) 192* Other: Real Estate Commission 193 (b) Buyer Costs: ! 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 titre policy at the simultaneous issue rate 1199 Inspections 200 Survey 201 Insurance 202+ Other: las (c) Prorations: 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 currentyear 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 wilt pay (€) the full amount of liens that are certified, confirmed, and ratified before closing and (€€) 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 amounts. If special assessments may be 211= paid in installments, ❑ Seller C]x 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 A5 THE AMOUNT OF PROPERTY TAXES THAT BUYER MAY BE OBLIGATED TO 216 PAY IN THE YEAR SUBSEQUENT TO PURCHASE. 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 1-1 and Seller U C___) acknowledge receipt of a copy of this page, which is 4 of 7 pages VAG-Ly i?ev u!r ,) 0 Ronda Reactors' Serm* 089 6 31-7 0 0 1 49.3217015 22a - -• - - ft Foreign Investment in Real Property Tax Act (" 1RPTA".): If Seller is -a "foreign person as defined by 221 FfRPTA, Seller and Buyer will comply with FIRPTA, which may require Seller to provide add'rtionai cash at 222 closing. 223 (g) 1031 Exchange: If either Seller or Buyer wish to enter into a like -kind exchange (either simultaneously with 225 cooperate in all reasonable respects to effectuate the—Exchange mcTudiing 6i 0mg documen rovide 226 however, that the cooperating party will incur no liability or 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(a). Any time period ending on a Saturday, Sunday, 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 eminent domain 235 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, fairing which Buyer will close in accordance with this contract and 236 receive all payments made by the governmental authority or insurance company, if any. 239 12. 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, 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 majeure is in place. However, in the event that such act of God or force 246 majeure 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 Seiler 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 or 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 falls, 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 damages or seek specific performance. Seller will also 271 be liable for the full amount of the brokerage fee, i3. buyer r.„ 7 and Seller C _) {_ _) acknowledge receipt of a copy of this page, which is 5 of 7 pages VAC -10 Ren r1; 0 Ronda Realtors" Seam 009631 700149-3217015 272 273 274- 275 i Buyer Default: If Buyer fails, neglects, or refuses to perforin Buyer's obligations -under this contract, including payment of deposit(s), within the time(s) specified, Seller may elect to recover and retain the deposit(s), paid and agreed to be paid, for the account of Seller as agreed upon liquidated damages, consideration for execution of this contract, and in full settlement of anv claims. whereupon Seller and 277 equity to enforce Seller's rights under this contract, 278 16_ Escrow Agent; Closing Agent: Seller and Buyer authorize Escrow Agent and closing agent (collectively 279 "Agent") to receive, deposit, and hold funds and other items in escrow and, subject to Collection, disburse them 28D upon proper authorization and in accordance with Florida law and the terms of this contract, including disbursing 281 brokerage fees. "Collection" or "Collected" means any checks tendered or received have become actually and 282 finally collected and deposited in the account of Agent. The parties agree that Agent will not be liable to any 283 person for misdelivery of escrowed items to Seller or Buyer, unless the misdelivery is due to Agent'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 attorneys' 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. 2a7 17. Professional Advice; Broker Liability: Broker advises Seller and Buyer to verify all facts and representations 288 that are important to them and to consult an appropriate professional for legal advice (for example, interpreting 289 this contract, determining the effect of laws on the Property and this transaction, status of title, foreign investor 290 reporting requirements, the effect of property lying partially or totally seaward of the GCCL, etc.) and for tax, 291 property condition, environmental, and other specialized advice. Buyer acknowledges that Broker does not reside 292 in the Property and that ail representations (oral, written, or otherwise) by Broker are based on Seller 293 representations or public records. Buyer agrees to rely solely on Seller, professional Inspectors, and 294 government agencies for verification of the Property condition and facts that materially affect Property 295 value, Seller and Buyer respectively will pay all costs and expenses, including reasonable attorneys' fees at all 296 levels, incurred by Broker and Brokers officers, directors, agents, and employees in connection with or arising 297 from Seller's or Buyer's misstatement or failure to perform contractual obligations. Seller and Buyer hold 298 harmless and release Broker and Broker's officers, directors, agents, and employees from all liabilitli far loss or 299 damage based on (i} Seller's or Buyer's misstatement or failure to perform contractual obligations; (i) the use or Sar display of listing data by third parties, including, but not limited to, photographs, images, graphics, video 301 recordings, virtual tours, drawings, written descriptions, and remarks related to the Property; (iii) Broker's 302 performance, at Seller's or Buyer's request, of any task beyond the scope of services regulated by Chapter 475, 303 Florida Statutes, as amended, including Broker's referral, recommendation, or retention of any vendor, (3v) 3a4 products or services provided by any vendor; and (v) expenses incurred by any vendor. Seller and Buyer each 3a5 assume full responsibility for selecting and compensating their respective vendors. This Paragraph will not relieve 305 Broker of statutory obligations. For purposes of this Paragraph, Broker -will be treated as a party to this contract. sal This Paragraph will survive closing. 308 18. Commercial Real Estate Sales Commission Lien Act: if the Property is commercial real estate as defined by Sas Section 475.701, Florida Statutes, 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 311 under a brokerage agreement with you, the broker may claim a lien against your net sales proceeds forthe 312 broker's commission. The broker's lien rights under the act cannot be waived before the commission is earned. 313 19. Brokers: The brokers named below are collectively referred to as 'Broker." instruction to closing agent: 314 Seller and Buyer direct closing agent to disburse at closing the full amount of the brokerage fees as specified in 315 separate brokerage agreements with the parties and cooperative agreements between the Brokers, except to the 316 extent Broker has retained such fees from the escrowed funds. This paragraph Will not be used to modify any 317 MLS or other offer of compensation made by Seller or Seller's Broker to Buyer's Broker. 318• (a) _ Anderson & Garr, Inc. (Seller's Broker) 319A will be compensated by 9 Seiler El Buyer [] both parties pursuant to ❑ a listing agreement ❑ other 320• (specify): 321« (b) _ NtF�. (Buyer's Broker) 322- will be compensated by 0 Seller E1 Buyer I] both parties .0 Seller's Broker pursuant to ❑ a MLS offer of 323- compensation []other (specify). Buyer `k }and Seiler C__} (_) acknowledge receipt of a copy ofthis page, which is 6 of 7 pages. VAC -10 Rev 8114 0 Flonda Realtors' SerlafQ 483631-70Q1d9-321 iQ15 Buyer Default: If Buyer fails, neglects, or refuses to perforin Buyer's obligations -under this contract, including payment of deposit(s), within the time(s) specified, Seller may elect to recover and retain the deposit(s), paid and agreed to be paid, for the account of Seller as agreed upon liquidated damages, consideration for execution of this contract, and in full settlement of anv claims. whereupon Seller and 277 equity to enforce Seller's rights under this contract, 278 16_ Escrow Agent; Closing Agent: Seller and Buyer authorize Escrow Agent and closing agent (collectively 279 "Agent") to receive, deposit, and hold funds and other items in escrow and, subject to Collection, disburse them 28D upon proper authorization and in accordance with Florida law and the terms of this contract, including disbursing 281 brokerage fees. "Collection" or "Collected" means any checks tendered or received have become actually and 282 finally collected and deposited in the account of Agent. The parties agree that Agent will not be liable to any 283 person for misdelivery of escrowed items to Seller or Buyer, unless the misdelivery is due to Agent'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 attorneys' 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. 2a7 17. Professional Advice; Broker Liability: Broker advises Seller and Buyer to verify all facts and representations 288 that are important to them and to consult an appropriate professional for legal advice (for example, interpreting 289 this contract, determining the effect of laws on the Property and this transaction, status of title, foreign investor 290 reporting requirements, the effect of property lying partially or totally seaward of the GCCL, etc.) and for tax, 291 property condition, environmental, and other specialized advice. Buyer acknowledges that Broker does not reside 292 in the Property and that ail representations (oral, written, or otherwise) by Broker are based on Seller 293 representations or public records. Buyer agrees to rely solely on Seller, professional Inspectors, and 294 government agencies for verification of the Property condition and facts that materially affect Property 295 value, Seller and Buyer respectively will pay all costs and expenses, including reasonable attorneys' fees at all 296 levels, incurred by Broker and Brokers officers, directors, agents, and employees in connection with or arising 297 from Seller's or Buyer's misstatement or failure to perform contractual obligations. Seller and Buyer hold 298 harmless and release Broker and Broker's officers, directors, agents, and employees from all liabilitli far loss or 299 damage based on (i} Seller's or Buyer's misstatement or failure to perform contractual obligations; (i) the use or Sar display of listing data by third parties, including, but not limited to, photographs, images, graphics, video 301 recordings, virtual tours, drawings, written descriptions, and remarks related to the Property; (iii) Broker's 302 performance, at Seller's or Buyer's request, of any task beyond the scope of services regulated by Chapter 475, 303 Florida Statutes, as amended, including Broker's referral, recommendation, or retention of any vendor, (3v) 3a4 products or services provided by any vendor; and (v) expenses incurred by any vendor. Seller and Buyer each 3a5 assume full responsibility for selecting and compensating their respective vendors. This Paragraph will not relieve 305 Broker of statutory obligations. For purposes of this Paragraph, Broker -will be treated as a party to this contract. sal This Paragraph will survive closing. 308 18. Commercial Real Estate Sales Commission Lien Act: if the Property is commercial real estate as defined by Sas Section 475.701, Florida Statutes, 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 311 under a brokerage agreement with you, the broker may claim a lien against your net sales proceeds forthe 312 broker's commission. The broker's lien rights under the act cannot be waived before the commission is earned. 313 19. Brokers: The brokers named below are collectively referred to as 'Broker." instruction to closing agent: 314 Seller and Buyer direct closing agent to disburse at closing the full amount of the brokerage fees as specified in 315 separate brokerage agreements with the parties and cooperative agreements between the Brokers, except to the 316 extent Broker has retained such fees from the escrowed funds. This paragraph Will not be used to modify any 317 MLS or other offer of compensation made by Seller or Seller's Broker to Buyer's Broker. 318• (a) _ Anderson & Garr, Inc. (Seller's Broker) 319A will be compensated by 9 Seiler El Buyer [] both parties pursuant to ❑ a listing agreement ❑ other 320• (specify): 321« (b) _ NtF�. (Buyer's Broker) 322- will be compensated by 0 Seller E1 Buyer I] both parties .0 Seller's Broker pursuant to ❑ a MLS offer of 323- compensation []other (specify). Buyer `k }and Seiler C__} (_) acknowledge receipt of a copy ofthis page, which is 6 of 7 pages. VAC -10 Rev 8114 0 Flonda Realtors' SerlafQ 483631-70Q1d9-321 iQ15 324. 24. Additional Terms. This contract is 325 obtaining financing, seller --de luerhjg c ea 326 tarn ar S. 329 330 331 332 333 334 335 336 337 338 339 340 341 342 343- 344- 345k 43=344*345; 346* 347 348* 349. Its approval by the City of Delray Beach Commission, Buyer This is intended to be a legally binding contract. If not fully understood, seek the advice of an attorney before BtJy13r k� (iYr, 'v q DaW Print name. Gregory Daniel Stallard Buyer: Date: Print name: Buyer's address for purpose of notice: Address: 510 SW 9th Street, Delray Beach, Florida 33444 Phone: &I - � �� Pax: Email:. jc% m ee I s u J�&rdp q rn n e-0 350* Seller: Date: 351* Print name, City of Delray Seach . 352* Seller: Date: .353* Print name: 354. Seller's address for purpose of notice: 355* .Address: 100 Nitti' 1 st Avenue, Delray Beach, Florida 33444 356* Phone: Fax, — _-__-- Email: 357* 358 Effective Date: (The date on which the last party signed or initiated and delivered the final offer or counter offer.) Florida Realtors and local BoardlAssoctation 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 RMLTORS"-'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; i—,_) and Seiler �_} ( acknowledge receipt of a copy of this page, which is 7 of 7 pages VAC -10 Rev 8114 0 Ronda Realtors` Seaaltf asys3t-7oat4s-3xt7ats i This i nu tmoit geared by - ad retum to: City Ati omW s Office 200 N.W.IstAvem Delray Baaah, Mmida 33444 TIHS QM -CLAIM DFJM, executed this day of , 2017 by the My OF DELRAY BEACH, and having its principal place of business at 100 NW ISE Avenue, Delray Beach, FL 33444, First .Party, to GREGORY DAN1 SU LA'RD, a single rtian, with a maillug addwss of S 10 SW 9"` Street, Dclray Beach, Florida 33444, Second Party: (Whanover used herein the term "First Party" and "Scoond Padsy" include singular sod phaal, hems, legal representatives, and asssgs of individusk sad tha surceasors and maigna efcmpondaa, whoaeva' The cc ftd so admits ur reguim) WIMESSEM, That the said First Party, for and in consideratim of the sum of Ten Dollars ( 10,00) in hand paid by the said Swwd .Party, the receipt whereof is hareby acknowledged, does hereby remise, release and quit -claim unto the said Second Party forever, all the right, title, interest, claim and demand which the said First Party has in and to the following described lot, piety or parcel of land., situate, lying and being in the County of Palin Beach, State of Florida, to -wit. TOWN OF DELRAYLTS 4 & 24 BLK 32 TO HAYS and to HOLD the same together with all and, singular the appurtenances thereunto belongmg or anywise apperCtli'm�g, and all the estate, right, title, rntcmt, 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 Second Party forever. IN VMNESS WMREOF 1110 said First t Party has caused these presents to be ex=rted in its name, and its corporate. seal to be hereunto affixed by its proper officers thmunto duly authorized, the day and year first above written. [Signatures follow on next page] EXHIBIT "B" IN WITNESS WHEREOF, First Party has. signed these presents the day. and year first above written. W 1-1,43 WE% NO Witness 1: CITY OF DELRAY BEACH, FLORIDA BY -.- Print Name: Cary D, Glickstein, Mayor witness 2: ATTEST: printwame. 'RV -- city 'Cielk Approved as to Form: By.-_ City Attorney STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing matrament was admowledged before me this day Of 2017, by Cary D. Glickgtcin, Mayor for the City of Delray Beach, a Florida corporation, on behalf of the cmporation, He is personally known -to, me or has produced as identification. Signature of Notary Public - State of Florida City of Delray Beach 100 N.W. 1st Avenue Delray Beach, FL 33444 Legislation Text File #: 17-411, Version: 1 TO: Mayor and Commissioners FROM: R. Max Lohman, City Attorney DATE: May 2, 2017 RESOLUTION 39-17 Recommended Action: Motion to Approve Resolution 39-17 which authorizes the Contract for Sale of Vacant Land Located at 316 S.W. 4th Avenue. Background: The subject property is a vacant lot located at 316 SW 4 Avenue, Delray Beach. The City obtained the property through a County Deed in 2015. The property was listed as a "surplus property" and the City has determined that it has no use for same. An offer was received in the amount of $60,000. City Attorney Review: Approved as to form and legal sufficiency. Finance Department Review: Finance recommends approval. City of Delray Beach Page 1 of 1 Printed on 5/2/2017 pow[ lod by I ogiFfl ar nvl