Res 24-06
RESOLUTION NO. 24-06
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF DELRA Y BEACH, FLORIDA, AUTHORIZING THE CITY
TO PURCHASE FROM SELLER CERTAIN REAL PROPERTY
IN PALM BEACH COUNTY, FLORIDA, AS DESCRIBED
HEREIN, HEREBY INCORPORATING AND ACCEPTING
THE CONTRACT STATING THE TERMS AND CONDITIONS
FOR THE SALE AND PURCHASE BE1WEEN THE SELLER
AND THE CITY OF DELRA Y BEACH, FLORIDA; AND AN
EFFECTIVE DATE.
WHEREAS, the City of Delray Beach, Florida, wishes to acquire certain property generally
located on Northeast 2nd Avenue, just North of East Atlantic Avenue in Delray Beach, Florida, to
provide land for a parking garage, a valid public purpose; and
WHEREAS, the Seller hereinafter named desires to sell the property hereinafter described to
the City of Delray Beach Florida; and
WHEREAS, it is in the best interest of the City of Delray Beach, Florida, to purchase said
property.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DELRA Y BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the City Commission of the City of Delray Beach, Florida, as Buyer, hereby
agrees to purchase from the Delray Beach Community Redevelopment Agency., as Seller, for the
purchase price of Six Million Dollars ($6,000,000.00), and other good and valuable consideration;
said parcel being more particularly described as follows:
Parcel 3:
A portion of Block 76, Map of the Town of Linton, according to the Plat thereof as recorded in
Plat Book 1, at Page 3 of the Public Records of Palm Beach County, Florida, being more particularly
described as follows:
Begin at the Northeast comer of Lot 7, Block 76, Map of the Town of Linton, according to the Plat
thereof recorded in Plat Book 1, at Page 3 of the Public Records of Palm Beach County, Florida;
thence SoooOO'oo''W along the East Line of Lots 7, 8, and 9 for a distance of 210.03 feet; thence
N89006'47''W along a line parallel with and 210.00 feet South of as measured at right angles to the
North line of said Block 76, for a distance of 135.08 feet; thence NOooOO'OO"E along the West line
l
of said Lots 9, 8, and 7 for a distance of 210.03 feet to the Northwest comer of said Lot 7; thence S
89006'47"E along the North line of said Block 76 for a distance of 135.08' to the point of beginning.
Said lands situate within the City of Delray Beach, Florida
containing 0.65 acre more or less.
and
Parcel 4:
A portion of Block 76, Map of the Town of Linton, according to the Plat thereof as recorded in Plat
Book 1, at Page 3, of the Public Records of Palm Beach County, Florida, being more particularly
described as follows:
Begin at the Northeast comer of Lot 1, Block 76, Map of the Town of Linton, according to the Plat
thereof recorded in Plat Book 1, at Page 3 of the Public Records of Palm Beach County, Florida;
thence S 00000'00" W along the East line of Lots 1,2, and 3 for a distance of 210.03 feet; thence N
89006'47" W along a line parallel with and 210.00 feet South of as measured at right angles to the
North line of said Block 76 for a distance of 124.92 feet; thence N OooOO'OO"E along a line parallel
with and 10.00 feet East of as measured at right angles to the West line of said Lots 3,2, and 1 for a
distance of 210.03 feet; thence S 89006'47" E along the North line of said Lot 1 for a distance of
124.92 feet to the point of beginning.
Said lands situate within the City of Delray Beach, Florida
Containing 0.60 acre more or less.
Section 2. That the terms and conditions contained in the contract for sale and purchase
and addenda thereto between the City of Delray Beach, Florida, and the Seller as hereinabove
named are incorporated herein as Exhibit "A".
~
J
PASSED AND ADOPTED
. 2006.
m regular session on the \\0 cl#-- day of
ATTEST:
~fy~
~- ~.~. ~~~~
City Clerk
2
RESOLUTION NO. 24-06
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141 (11,1 ~./ t,t 1,1 4
PAGE fJ2
. .
COHTRACT FOR SAL! AHD PUR.cHASE
PART'IES: O~LRAY e~CH COMMUNITY R!OevELOPr-HtNT AGENCY, 0120 North Swi"Q:ln Avenue,
Oelrory ee.Oh. Florida r'Selllilll). .end the CITY OF DELRAY BEACH. I Florldl!l municipal c:orporatJol'l, of 100
N.W. Fil"llt Avenue. Oell"l'lY 8e8c1'1, Florida (Buyer), "'Q~by agree that the Seller sh~1I ..1I1nd BUYef'&hall buy
the fQIlowing ~eea1bed Reel Property and Pel'!lQnal Pl'tlperty (lXIIJeCttveI)' 'P!ODertV') upon the folloWIng terms
and c:crllttklns wtlich INCLUDE 1M Standards for Real Estate TransaoKlns iStandartl(llj on !he rev~
~ henao' o~ attached l1ereto and ridelS and any addenda to this CentrKt for SliIIle and Purch99Q
l"Contract")
I. DESCRIPTION:
(8)L8g11l2e9Cl1PUo,", ot ttle ~eill Property located In Palm eeach County. Florida;
S.. Ex.hlb(t ~ A .
II.
PURCHASE PRICE
SG.OOO.OOO.OO
Of. TIllE FOPt ACCEPTANCE; EFFECTIVE DATE; FACSIMILE: " '''is otfer 1& no( execUted by iiiI'd
d~ ft) all patties OR FACT OF EXECVTION c::mmunlcated in wri~g bl!tlMeen the parties on or before
Mlly18.200l!, this offer may be wlthdrewn. The date of Contra,t (-Effective
Oar e.) will be !hill da1e when the last one of trllll Buyer and the Seller has il~necI this affItr, A feeslmile
copy or this Contraot land 8t\y signaturea thereon shall be considered for 811 purpo5e!il as Originals.
IV. TITLE EVIDeNCE!: PrIor lD c:fosIng. Buyer may. at BUY."liI expenl5le, obtain ;s (itle in8ur&nce
l:I:lmmltnent and. 1IfbI,. closing, an owner's poliq of tille insurrance.
v. CLOSIN<J DA.TE!~ Tl'\Js t'ansacllOt'l Sl1all be OIClSed end the deed end other dosing p&peltl deliVered
on Ju", 16. 2008. unless modified t1y ather proviaifJf1s of Contract.
VI. RES1"RI(;TlC)H9; EASEMENT'6; UMITATlON&: Bu)'er sh&ll,*e tiDe cutlject I): com~r.nsM I3nd
use plans, :;oning, ,..stric:tiorlB. fll"OP'libitlone Bnd other ~ui"l'I'Ients ImPosed by governmental autnoliry;
'_bk.Uonl and msttal1l apP.'uing on the plat or otnerwlM common co the 'ubdlvislon; and pub/Ie u1ility
easements of reclOfd.
VI. OCCUPANCY: Sell<< war7'8l"O \hore .,. no psrtlel in ca:lUpancy ott.' tt'llm Saller; but If PR:a~ fa
intlnCled ID bI!I ~Ied 01' OcaJpied ~d dasing, thI!!l ract and t'I:lrrnS ~ and tne t9nA1'1f{.) or OCE1.IpAnrs
shan be dlaclO$ed pursuant to Stlndan:s F. Seller Shall deliver occuPlncy at Property 1D Buyer at fJme of
c:IoIIng Ilnfe&' otherwise SIBWd" herein. tt' oc:cupency is tD be delivered before Oloslng, 8uyer BMlNTMS In riu ~
la8lS ft:a P'rclpeI't) frcm deM of OlXlJplIncy, 9han be felporlsiDIe l!In<llleble for ma~ ft'um 1hat datB. 800
stwh be deem.. to h..... lilc:c.eptBd Property in ita ...istlng CElndition aI of Ume of taking CX:Cl.lpanc:y unless
oI'IefW'iSe RlteCl he,..,n.
WI. TYPEWRmEN Oft HANOWRJTTEN PROV1$ION': Typewn=en or l'Ian~n prtMllona, ride~
end Addenda shall cOl'ltrolltR printed pl'Olli8lona of tt'l18 ContI8clln conflict \lIitrI them.
IX.. ASSIGNA.8IL.I1Y: (CHECK ONLY ONE): Buyar (1) _ may assign and thentby be. released fmm
any further fisbfJlty under !his Contract~may assign but not be ~Ieased from fiabUfty under this Contra:t; or
L- may not assign this Contract.
X. SPECIAL, CLAUSES; ADDENDA: If ~dltional terms are to tl. pl'tlvlded, IlIttadl .sder1dum BnCI CHEC~
HERE ~ '
CllY OF OSLRA Y BEACH OElRA Y BEACH COMMUNI'T"r' REDEVELOPMENT
AGE1CY J
By; BY:~~
~~ ~~~
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V,c,NCE DONEY
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PAGE El3
-....._-
'"-'
SelL.ER
StN'ER:
ADDENDU~ TO CONTRACT FOR SALE AHD PURCHASt
DELRAY BEACH COMMUNIIT REDEVELOPMeNT AGENCY
err( OF D~LRAY HEACH
PRopE~TY ADORE.SS:
Sc!e Exhibit "p..". attached horeto
X. SPECIAl. CLAUSES; ADDENDA (Conttnued):
A. l'J')e parties represent Bnd wal'T3"t that U'lere 1$ no broker InvolVed in this trlilnsactlo" fa
Wftorn a comrniaaion would be due.
B. NCIt'M01$ti1ndIng Ian)' ~sIo" ofti'll' Connd: ttJ <<he c:ontnry, the Buyer ag~ tI pay tn.
c:lMing eo.t.c rel3ttvfllD this nnliiaction, ucludlng dor;umenfllry stBmps, If any.
C. T1'Ie subject property i. beIng IIDld In Its '08 iii' condition.
D. Buy.. ehall moelve 8 orecUllilt cklslng from Sel~r In the lIITIount of $6,000,000.00. wtlloh
~p~nt& a pol1lon of the agreed upon cgnrttbuUon from SeUer to ewer for tie (:DI\8tt\lctjr~m or a pul>Uc
pal'kJng ;arag. upon a pQl'tign oftrle properry des.crlbed in Exnlbit "A..
SElLER'S INJiJALS:
-t4-
BUYER'S INI'TlALS:
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14J' ".1 4 ,/ I III 4
PAGE 84
EXHIBIT-A"
Parcel 3:
A portion of Block 78. Map of tM TClIM1 of Linton, aeeordil"lg to the Plat thereof as recorded In Plat BooI< 1.
8t Page 3 of 1tle Public ReeordlS of P~lm Beach County. Florida. being more partfeuli!lr1)' C1e6.CtlbeC1 as
folio....:
Begin allhe Northeast ClClmer or lot 7, eloek 76. Map ~ the Tawn of linton, ac:ecrdinSl to the Plat tn8l"8Or
l1lCOr'ded I" Plat 8001( 1, gt P.ge 3 of me Publio Recoras of Palm Beael'l County, Florida; tr'IeT1ce
SDO"OO'OO"'Walong the ~asf Uno of Lota 7, 8, &nd 9 tor I!II dililtance of 210.03 f'Eler. ttll~noe N8S"OI!i'47W
along 9 lIne pEllCl1l1el wtttl I!Ind 210.00 feet Sour" Qr as mel8ured at riiht angle' to ~. NcIrth fin. of aald
Block 78, for a di8t8nc:e at 135.08 ".t; ltIe"oe NOO"OO'OO.E along tJ'Ie West line of said Lots g, 8, and 1 for
a crl8tanee (If ~10.03 fe.t to 1I1e Notth.....t comer of Mid Lot 7: lhenCliil S 89"Ul'47-E along the Nol1tlllnQ 0'
said Block 76 for.. dlsCilnce ot 135.08' to the point of b9gl"nlng.
Said lands ftate wllhln 1he City of Delray 8uch, Flol'fda
contc.lnlng O.~ eere more or lesS.
Pwce14~
A portle" of Slock 7E1. Map ot the Town of lIntCln. BCCOrtling to the Plat ltIer8<lf as rec:grded In PIal Book ,.
at Ptga 3, Of the Public Reo:m:ll of Palm 8e8ch County, Flortda blillng more ~I'tic:ul.l'ty del!>enb8d aa
1b11crw$:
Begl" at the Nol1heast ~er of t.ot 1. Block 76, M;Jp of the Town of linton, ReCOrding to fI1. Plat U'lef80f
re=rded In Plat SoolC. 1. at PIiIBe 3 or \he Public: Records of Palm Beacl'l County, Flor1da: thence S
00"00"00- W alol'lg the East line at Lots 1, 2. ilnd 3 for a dlstllnCllir at 2'0,03 Mt; then:e N eP"08'.fr W
8Iong . lIne P8nilllel with and 210.00 feet South at as meaurnd at right angles to ttle Norlh line of saId
Bled: 76 for I:a dis:tanc. of '24.92 feer; thence N 00"00'00"1:: along .lIno pa"'Uel wtIh end 10_00 fe&t Ea8t of
u m@au/'SId at rigl'lt angle$ 10 the West line 01 said loW 3.2. and 1 for. diata"<:8 of 210.03 faet; thenCllil S
89"08'47" E along the Norttr nne of said Lot 1 for:a diJlT:lnee of '2,.4.92 te.n.o the point or tl8ginning.
Said Isndg ala.lerB wlrhtn me Clr'f Of o.(~y Beecll.. Florida
Contll'I'l'"e 0.60 eo... mo..- or I@&S.
of
.W1
[IT' DF DELRAY IEA[H
CITY ATTORNEY'S OFFICE
200 NW 1st AVENUE' DELRAY BEACH. FLORIDA 33444
TELEPHONE: 561/243-7090' FACSIMILE: 561/278-4755
DELRAY BEACH
Writer's Direct Line: 561/243-7091
lI.8aIII
All-America City
, III I! DATE:
MEMORANDUM
May 8, 2006
1993
2001
TO:
FROM:
City Commission
David Harden, City Manager
~~
Brian Shutt, Assistant City Attorney
SUBJECT: Purchase of Old School Square Garaae Property from the CRA
The attached contract provides for the purchase of property from the CRA that is
located at the SW corner of N.E. 1st Street and N.E. 2nd Avenue to be used for the
public parking garage that will be constructed on this site. The purchase price is
$6,000,000.00. The CRA will apply to the City, at the closing, $6,000,000.00
towards the construction of the parking garage. Therefore, as these amounts will
offset each other the City will only be responsible for the closing costs of the
property.
Our office requests that this item be placed on the May 16, 2006 City Commission
agenda. Please call if you have any questions.
Attachment
cc: Chevelle Nubin, City Clerk
Richard Hasko, ESD Director
Diane Colonna, CRA
9V
RESOLUTION NO. 24-06
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AUTHORIZING THE CITY TO
PURCHASE FROM SELLER CERTAIN REAL PROPERTY IN PALM
BEACH COUNTY, FLORIDA, AS DESCRIBED HEREIN, HEREBY
INCORPORATING AND ACCEPTING THE CONTRACT STATING
THE TERMS AND CONDITIONS FOR THE SALE AND PURCHASE
BETWEEN THE SELLER AND THE CITY OF DELRAY BEACH,
FLORIDA; AND AN EFFECTIVE DATE.
WHEREAS, the City of Delray Beach, Florida, wishes to acquire certain property generally
located on Northeast 2nd Avenue, just North of East Atlantic Avenue in Delray Beach, Florida, to
provide land for a parking garage, a valid public purpose; and
WHEREAS, the Seller hereinafter named desires to sell the property hereinafter described
to the City of Delray Beach Florida; and
WHEREAS, it is in the best interest of the City of Delray Beach, Florida, to purchase said
property.
NOW, THEREFORE, BE IT RESOLVED 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 Buyer,
hereby agrees to purchase from the Delray Beach Community Redevelopment Agency., as
Seller, for the purchase price of Six Million Dollars ($6,000,000.00), and other good and valuable
consideration; said parcel being more particularly described as follows:
Parcel 3:
A portion of Block 76, Map of the Town of Linton, according to the Plat thereof as recorded in
Plat Book 1, at Page 3 of the Public Records of Palm Beach County, Florida, being more
particularly described as follows:
Begin at the Northeast corner of Lot 7, Block 76, Map of the Town of Linton, according to the Plat
thereof recorded in Plat Book 1, at Page 3 of the Public Records of Palm Beach County, Florida;
thence SOooOO'OO"W along the East Line of Lots 7, 8, and 9 for a distance of 210.03 feet; thence
N89006'47"W along a line parallel with and 210.00 feet South of as measured at right angles to
the North line of said Block 76, for a distance of 135.08 feet; thence NOooOO'OO"E along the West
line of said Lots 9, 8, and 7 for a distance of 210.03 feet to the Northwest corner of said Lot 7;
thence S 89006'47"E along the North line of said Block 76 for a distance of 135.08' to the point of
beginning.
Said lands situate within the City of Delray Beach, Florida
containing 0,65 acre more or less.
and
Parcel 4:
A portion of Block 76, Map of the Town of Linton, according to the Plat thereof as recorded in
Plat Book 1, at Page 3, of the Public Records of Palm Beach County, Florida, being more
particularly described as follows:
Begin at the Northeast corner of Lot 1, Block 76, Map of the Town of Linton, according to the Plat
thereof recorded in Plat Book 1, at Page 3 of the Public Records of Palm Beach County. Florida;
thence S 00000'00" W along the East line of Lots 1,2, and 3 for a distance of 210,03 feet; thence
N 89006'47" W along a line parallel with and 210.00 feet South of as measured at right angles to
the North line of said Block 76 for a distance of 124,92 feet; thence N OooOO'OO"E along a line
parallel with and 1 0.00 feet East of as measured at right angles to the West line of said Lots 3. 2,
and 1 for a distance of 210.03 feet; thence S 89006'47" E along the North line of said Lot 1 for a
distance of 124.92 feet to the point of beginning,
Said lands situate within the City of Delray Beach, Florida
Containing 0,60 acre more or less,
Section 2, That the terms and conditions contained in the contract for sale and purchase
and addenda thereto between the City of Delray Beach, Florida, and the Seller as hereinabove
named are incorporated herein as Exhibit "A".
PASSED AND ADOPTED in regular session on the
, 2006,
day of
MAYOR
Attest:
City Clerk
2
RESOLUTION NO. 24-06
EXHIBIT "A"
CONTRACT FOR SALE AND PURCHASE
PARTIES: DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY, of 20 North Swinton Avenue,
Delray Beach, Florida ("Seller"), and the CITY OF DELRAY BEACH, a Florida municipal corporation, of 100
N.W. First Avenue, Delray Beach, Florida (Buyer), hereby agree that the Seller shall sell and Buyer shall buy
the following described Real Property and Personal Property (collectively "Prooerty") upon the following terms
and conditions, which INCLUDE the Standards for Real Estate Transactions ("Standard(s)") on the reverse
side hereof or attached hereto and riders and any addenda to this Contract for Sale and Purchase
("Contract").
I, DESCRIPTION:
(a)Legal description of the Real Property located in Palm Beach County, Florida:
See Exhibit uA"
II.
PURCHASE PRICE
$6,000,000.00
III, TIME FOR ACCEPTANCE; EFFECTIVE DATE; FACSIMILE: If this offer is not executed by and
delivered to all parties OR FACT OF EXECUTION communicated in writing between the parties on or before
May 18, 2006, t his 0 ff e r may be wit h d raw n. The d ate 0 f Con t r act (" E ff e c t i ve
D at e ") will be the date when the last one of the Buyer and the Seller has signed this offer. A facsimile
copy of this Contract and any signatures thereon shall be considered for all purposes as originals.
IV, TITLE EVIDENCE: Prior to closing, Buyer may, at Buyer's expense, obtain a title insurance
commitment and, after closing, an owner's policy of title insurance.
V,. CLOSING DATE: This transaction shall be closed and the deed and other closing papers delivered
on June 15, 2006, unless modified by other provisions of Contract.
VI. RESTRICTIONS; EASEMENTS; LIMITATIONS: Buyer shall take title subject to: comprehensive land
use plans, zoning, restrictions, prohibitions and other requirements imposed by governmental authority;
restrictions and matters appearing on the plat or otherwise common to the subdivision; and publiC utility
easements of record.
VII, OCCUPANCY: Seller warrants there are no parties in occupancy other than Seller; but if Property is
intended to be rented or occupied beyond closing, the fact and terms thereof and the tenant(s) or occupants
shall be disclosed pursuant to Standard F. Seller shall deliver occupancy of Property to Buyer at time of
closing unless otherwise stated herein. If occupancy is to be delivered before closing, Buyer assumes all risk of
loss to Property from date of occupancy, shall be responsible and liable for maintenance from that date, and
shall be deemed to have accepted Property in its existing condition as of time of taking occupancy unless
otherwise stated herein.
VIII, TYPEWRITTEN OR HANDWRITTEN PROVISIONS: Typewritten or handwritten provisions, riders
and addenda shall control all printed provisions of this Contract in conflict with them.
IX. ASSIGNABILITY: (CHECK ONLY ONE): Buyer (1) _ may assign and thereby be released from
any further liability under this Contract;_may assign but not be released from liability under this Contract; or
.lL- may not assign this Contract.
X. SPECIAL CLAUSES; ADDENDA: If additional terms are to be provided, attach addendum and CHECK
HERE X
CITY OF DELRAY BEACH DELRAY BEACH COMMUNITY REDEVELOPMENT
AGENCY
By:
TaxlD
By:
Tax ID No.
ADDENDUM TO CONTRACT FOR SALE AND PURCHASE
SELLER:
DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY
BUYER:
CITY OF DELRAY BEACH
PROPERTY ADDRESS:
See Exhibit "A", attached hereto
X. SPECIAL CLAUSES; ADDENDA (Continued):
A. The parties represent and warrant that there is no broker involved in this transaction to
whom a commission would be due.
B. Notwithstanding any provision of this Contract to the contrary, the Buyer agrees to pay the
closing costs relative to this transaction, excluding documentary stamps, if any.
C. The subject property is being sold in its 'as is' condition.
D. Buyer shall receive a credit at closing from Seller in the amount of $6,000,000.00, which
represents a portion of the agreed upon contribution from Seller to Buyer for the construction of a public
parking garage upon a portion of the property described in Exhibit "A".
SELLER'S INITIALS:
BUYER'S INITIALS:
STANDARDS FOR REAL ESTATE TRANSACTIONS
A EVIDENCE OF TITLE: A title insurance commitment issued by a Florida licensed title insurer agreeing to issue to Buyer, upon recording of the deed to
Buyer, an owne~s policy of title insurance in the amount of the purchase price, insuring Buyer's title to Real Property, subject only to liens, encumbrances,
exceptions or qualification provided in this Contract and those which shall be diScharged by Seller at or before dosing. Seller shall convey a marKetable title
subject only to liens, encumbrances, exceptions or qualifications set forth in Contract. MarKetable title shall be detennined according to applicable Title
Standards adopted by authority of The Rorida Bar and in accordance with law. Buyer shall have 30 days, if abstract. or 5 days, if title commitment, from date of
receiving evidence of title to examine it. If title is found defective, Buyer shall, within 3 days thereafter, notify Seller in writing specifying defect(s). If the
defect(s) render title unmarKetable, Seller will have 30 days from receipt of notice to remove the defect(s), failing which Buyer shall, within five (5) days after
expiration of the thirty (30) day period, deliver written notice to Seller either (1) extending the time for a reasonable period not to exceed 120 days within which
Seller shall use diligent effort to remove the defects; or (2)requesting a refund of deposit(s) paid which shall immediately be returned to Buyer. If Buyer fails to so
notify Seller, Buyer shall be deemed to have accepted the title as it then is. Seller shall, if title is found unmarKetable, use diligent effort to correct defect(s) in
title within the time provided therefor. If Seller is unable to timely correct the defects, Buyer shall either waive the defects, or receive a refund of deposit(s),
thereby releasing Buyer and Seller from all further obligation under this Contract.
B. SURVEY: Buyer, at Buyer's expense, within time allowed to deliver evidence of title, may have Real Property surveyed and certified by a registered
Florida surveyor. If the survey discloses encroachments on the Real Property or that improvements located thereon encroach on setback lines, easements,
lands of others, or violate any restrictions, Contract covenants or applicable govemmental regulation, the same shall constitute a title defect.
C. INGRESS AND EGRESS: Seller warrants and represents that there is ingress and egress to the Real Property sufficient for the intended use as
described in Paragraph VI hereof, title to which is in accordance with Standard A.
D. LEASES: Seller shall, not less than 15 days before closing, fumish to Buyer copies of all written leases and estoppel letters from each tenant specifying the
nature and duration of the tenanfs occupancy, rental rates, advanced rent and security deposits paid by tenant If Seller is unable to obtain such Ieller from each
tenant, the same infonnation shall be fumished by Seller to Buyer within that time period in the fonn of a Seller's affidavit, and Buyer may thereafter contact
tenants to confinn such information. Seller shall, at closing, deliver and assign all original leases to Buyer.
E. LIENS: Seller shall fumish to Buyer at time of closing an affidavit attesting to the absence, unless otherwise provided for herein, of any financing
statements, daims of lien or potential lienors known to Seller and further attesting that there have been no improvements or repairs to Property for 90 days
invnediately preceding date of dosing. If Property has been improved, or repaired within that time, Seller shall deliver releases or waivers of mechanics' liens
executed by all general contractors, subcontractors, suppliers, and materialmen in addition to Seller's lien affidavit setting forth the names of all such general
contractors, subcontractors, suppliers and materialmen and further affinning that all charges for improvements or repairs which could serve as a basis for a
mechanic's lien or a claim for damages have been paid or will be paid at closing of this Contract.
F. PLACE OF CLOSING: Closing shall be held in the county where Real Property is located, at the office of the attomey or other dosing agent designated by
Seller.
G. TIME: In computing time periods of less than six (6) days, Saturdays, Sundays and state or national legal holidays shall be excluded. Aroy time periods
provided for herein which shall end on Saturday, Sunday or legal holiday shall extend to 5:00 p.m. of the next business day. Time is of the essence in this
Contract.
H. DOCUMENTS FOR CLOSING: Seller shall fumish deed, bill of sale, construction lien affidavit, owner's possesSion affidavit, assignments of leases,
tenant and mortgage estoppel letters, and corrective instruments. Buyer shall fumish dosing statement, mortgage, mortgage note, security agreement, and
financing statements.
I. EXPENSES: Recording corrective instruments shall be paid by Buyer. Recording of deed shall be paid by Buyer. Unless otherwise provided by law or rider
to this Contract, charges for the following related title services, namely title or abstract charge, title examination, and settlement and dosing fee, shall be paid by
the party responsible for furnishing the title evidence in accordance with Paragraph IV.
J. SPECIAL ASSESSMENT LIENS: Certified, confinned and ratified special assessment liens as of date of dosing (not as of Effective Date) are to be paid
by Seller. Pending liens as of date of dosing shall be assumed by Buyer. If the improvement has been substantially completed as of Effective Date, any pending
lien shall be considered as certified, confinned or ratified and Seller shall. at dosing, be charged an amount equal to the last estimate of assessment for the
improvement by the publiC body.
K. RISK OF LOSS: If the Property is damaged by fire or other casualty before dosing and cost of restoration does not exceed 3% of the assessed
valuation of the Property so damaged, cost of restoration shall be an obligation of the Seller and closing shall proceed pursuant to the tenns of Contract with
restoration costs escrowed at closing. If the cost of restoration exceeds 3% of the assessed valuation of the improvements so damaged, Buyer shall have the
option of either taking Property as is, together with either the 3% or any insurance proceeds payable by virtue of such loss or damage, or of canceling Contract and
receiving retum of deposit(s).
L. PROCEEDS OF SALE; CLOSING PROCEDURE: The deed shall be recorded upon clearance of funds. If an abstract of title has been furnished,
evidence of title shall be continued at Buyer's expense to show title in Buyer, without any encumbrances or change which would render Seller's title
unmarKetable from the date of the last evidence. All closing proceeds shall be held in escrow by Selle~s attomey or other mutually acceptable escrow agent for a
period of not more than 5 days after closing date. If Seller's title is rendered unmarKetable, through no fault of Buyer, Buyer shall, within the 5 day period, notify
Seller in writing of the defect and Seller shall have 30 days from date of receipt of such notification to cure the defect. If Seller fails to timely cure the defect, all
deposit(s) shall, upon written demand by Buyer and within 5 days after demand, be retumed to Buyer and simultaneously with such repayment, Buyer shall
return Personalty and vacate Real Property and reconvey the Property to Seller by special warranty deed and bill of sale. If Buyer fails to make timely demand
for refund, Buyer shall take title as is, waiving all rights against Seller as to any intervening defect except as may be available to Buyer by virtue of warranties
contained in the deed or bill of sale. If a portion of the purchase price is to be derived from institutional financing or refinancing, requirements of the lending
institution as to place, time of day and procedures for dosing, and for disbursement of mortgage proceeds shall control over contrary provision in this Contract.
Seller shall have the right to require from the lending institution a written commitment that it will not withhold disbursement of mortgage proceeds as a result of
any title defect attributable to Buyer-mortgagor. The escrow and closing procedure required by this Standard may be waived if title agent insures adverse matters
pursuant to Section 827.7841, F.S., as amended.
M. ESCROW: Any escrow agent ("Aoenrl receiving funds or equivalent is authorized and agrees by acceptance of them to deposit them promptly, hold
same in escrow and, subject to clearance, disburse them in accordance with tenns and conditions of Contract. Failure of dearance of funds shall not excuse
Buyer's perfonnance. If in doubt as to Agent's duties or liabilities under the provisions of Contract. Agent may, at Agent's option, continue to hold the subject
matter of the escrow unUlthe parties hereto agree to its disbursement, or until a judgment of a court of competent jurisdiction shall detennine the rights of the
parties or Agent may deposit with the clerK of the circuit court having jurisdiction of the dispute. Upon notifying all parties concerned of such action. all liability
on the part of Agent shall fully tenninate, except to the extent of accounting for any items previously delivered out of escrow. If a licensed real estate broker,
Agent will comply with provisions of Chapter 475. F.S., as amended. Ally suit between Buyer and Seller where Agent is made a party because of acting as
Agent hereunder, or in any suit wherein Agent interpleads the subject matter of the escrow, Agent shall recover reasonable attomeys' fees and costs incurred
with these amounts to be paid from and out of the escrowed funds or equivalent and charged and awarded as court costs in favor of the prevailing party. The
Agent shall not be liable to any party or person for misdelivery to Buyer or Seller of items subject to this escrow, unless such misdelivery is due to willful breach of
Contract or gross negligence of Agen\.
N. ~.n:oRNIiY FIiIiS; COSTS: In aAY lili!!atioR, inallleliA!! llreaaR, E1AfeFSeFReAt er iAIElFJlr-elalieR, aAsiR!! ellt Elf tRis CeRIr-ast. tRe ~Fe\'ailiA!! llaFl>j iR sllsh
lili!!alien 'NAiaR. fer Ihe IlIlFJleses Elf Ihis Slanelarel. shall iRalllele Seller, 81lyer, aReI aRY llr-akeFS astiR!! iR a!!eRay er ReAa!!eAGY FelatieAships alltheFizeellly
Cha~ter 175, F.S., as aFReneleel. sRalllle eAtilleelle reGll\'er fram the ReR Ilro"ailiR!!llaFly reaseRallle altElFRey's fees, Gosts, aAelexlleRses.
O. FAILURE OF PERFORMANCE: If Buyer fails to perform this Contract within the time specified Qncluding payment of all deposit(s)), the deposit(s) paid
by Buyer and deposit(s) agreed 10 be paid, may be recovered and retained by or for the account of Seller as agreed upon liquidated damages, consideration
for the execution of this Contract and in full settlement of any claims; whereupon, Buyer and Seller shall be relieved of all obligations under Contract; or Seller. at
Seller's option, may proceed in equity to enforce Seller's rights under this Contract. If. for any reason other Ihan failure of Seller to make Seller's title
marketable after diligent effort, Seller fails. neglects or refuses to perform this Contract, the Buyer may seek specific performance or elect to receive the retum of
Buyer's deposit(s) without thereby waiving any action for damages resulting from Seller's breach.
P. CONTRACT NOT RECORDABLE; PERSONS BOUND; NOTICE: Neither this Contract nor any notice of it shall be recorded in any public records. This
Contract shall bind and inure to the benefit of the parties and their successors in interes\. Whenever the context permits, singular shall include plural and one
gender shall include all. Notice given by or to the attorney for any party shall be as effective as if given by or to that party.
Q. CONVEYANCE: Seller shall convey title to Real Property by statutory Special Warranty Deed, subject only to matters contained in Paragraph VI and
those otherwise accepted by Buyer. Personal Property shall, at request of Buyer, be transferred by an absolute bill of sale with warranty of tilie, subject only to
such matters as may be otherwise provided for herein.
R. OTHER AGREEMENTS: No prior or present agreements or representations shall be binding upon Buyer or Seller unless included in this Contract. No
modification or change in this Contract shall be valid or binding upon the parties unless in writing and executed by the party or parties intended to be bound by it.
S. WARRANTIES: Seller warrants that there are no facts known to Seller materially affecting the value of the Property which are not readily
observable by Buyer or which have not been disclosed to Buyer.
EXHIBIT "A"
Parcel 3:
A portion of Block 76, Map of the Town of Linton, according to the Plat thereof as recorded in Plat Book 1,
at Page 3 of the Public Records of Palm Beach County, Florida, being more particularly described as
follows:
Begin at the Northeast corner of Lot 7, Block 76, Map of the Town of Linton, according to the Plat thereof
recorded in Plat Book 1, at Page 3 of the Public Records of Palm Beach County, Florida; thence
SOooOO'OO'W along the East Line of Lots 7, 8, and 9 for a distance of 210.03 feet; thence N89006'47'W
along a line parallel with and 210.00 feet South of as measured at right angles to the North line of said
Block 76, for a distance of 135.08 feet; thence NOooOO'OO"E along the West line of said Lots 9, 8, and 7 for
a distance of 210.03 feet to the Northwest corner of said Lot 7; thence S 89006'47"E along the North line of
said Block 76 for a distance of 135.08' to the point of beginning.
Said lands situate within the City of Delray Beach, Florida
containing 0.65 acre more or less.
Parcel 4:
A portion of Block 76, Map of the Town of Linton, according to the Plat thereof as recorded in Plat Book 1,
at Page 3, of the Public Records of Palm Beach County, Florida, being more particularly described as
follows:
Begin at the Northeast corner of Lot 1, Block 76, Map of the Town of Linton, according to the Plat thereof
recorded in Plat Book 1, at Page 3 of the Public Records of Palm Beach County, Florida; thence S
00000'00" W along the East line of Lots 1, 2, and 3 for a distance of 210.03 feet; thence N 89006'47" W
along a line parallel with and 210.00 feet South of as measured at right angles to the North line of said
Block 76 for a distance of 124.92 feet; thence N OooOO'OO"E along a line parallel with and 1 0.00 feet East of
as measured at right angles to the West line of said Lots 3, 2, and 1 for a distance of 210.03 feet; thence S
89006'47" E along the North line of said Lot 1 for a distance of 124.92 feet to the point of beginning.
Said lands situate within the City of Delray Beach, Florida
Containing 0,60 acre more or less.
C~.
~.a~-6lo
26 Boca RatonfDelray Beach News - TuesdayfWednesday, May 9-10, 2006 . www.bocanews.com
NOTICE OF INTENT
TO ACQUIRE REAL PROPERTY
NOTICE IS <lEREBY GIVEN. that the
City of De/ray Be~. Florida. has de-
termined ~ lObe in the best_ of
!he City' 'realpl1lp-
'lI1Q(epar.
A portiQn QfBloCk 76. Map of the
To,," ot UnIOI\, licoo!!Iing 10 the Plat
th~as,r'torde(f-irtPl~'8ook: 1,;at
f'ag<l30f Ifi!>PW\j:Records of P~nt
BeaCh County. ,Florida. being more
particu'arty deg;riJedasf91iows: " ,
Begin a1 the:Northeascorne.. of Lot"7.
Bl~ 76, Map ~f th! Tawn of-Unton.
according to Ihe>,Plafthen~ofrecOrded
in PI~ Book 1. at-Page 3-of1he: PUblic
Records o_I'Palm &acl1C!Junty., Flori.
da:,thenc,e SOD ,de.g~~es._,ao',Oo."W
alongttle East. LneQf LoJS'r:,8':ari<:l~
for: a d_istance_ ~t 2t 0,03. _M,eJ:" 1h.6.nce
Na9 degr~es -_q~':.1~W'-along'a" Hne
parallel- with: anct 210.00 felltSQiJth-cf
as measured_ atrig~t angleS"to '.the
North lin_e of-said Bfock76. fmapis-
tance- of 135.08 feet "thEince-NOO, de~
grees OO~OO'E along the West. line of
~~gb'?~'~'::rIor~,i~~~~:~1
said. Lot-- 7:__th8Jlce" S99'(Jegrees
g~~~r~6a~6~lla~f~~~~~~ Jit~3~f.O\~i~0
!he pcint of beginl1ing.
aod
A portion of Block l6.Map of the
Town of Union, according_ Ie>; the, Plat
thereof as fetOfded in Plat aOok 1,', at
Page-3,ot,~e'Public,_Aecordsof Palm
Beach Cou_ntY.'J=forida. b~i~gmOfe
particulartyde$::riJedas IoIlows:
Begin at the 'NQr:tI)east corner, Of Lot,1.
Block 76. - Map crl,_the Town of lintOn.
according tottie_Plat thereot fecord~
in Plat -Book--1.at:.Page3. of tile 'Ptlbltc
Records of' Palm., Beach _ County:' flon.
da: thence S',oo-o.cr-oo: yialong._ihe
East line 01 Lots 1. 2. 'ahcl3Jor adfs-
tance 01210.03 leet thence- N'S9' de-
gutes 06'47" W al~g, a line parallel
with and 21 O~OO:-feel-,SOl:lth o~as
measured at right angles to the North
line ,ots$id Block 16 foi'adisWlce of
124 '
00'
10.0
right
lots 3 2. and I-for a C!isJance- of
210.03 leet thence.S 89- degrees
0647" E along the North line of said
Lot1,tor, a distar'1C8 oflg4.~2 feet to
the polnt Of beginning , <'
The purchase is fOr Six MilliooDollars
{US ,86.000.000.00). ,however. the
City win receives ,credit of
86.000.000.00, upon closing. -from ,the
Seller (Comi11unity~' fl'edevelopment
Agency). ,_A,R~,s,Olonon' of-ttill- -City
Commission ot',lhe- City of Oe,iray
Beac~. Florid',.._uthorlz,lng the pur-
chase otp_rop~rty Iind'"i~corporat~ng
the terms and,COhdltlon$:-<<:.suctl pur-
c/:lase - wil.I'.be consi~8(ed '.for adoption
by the 'CftY'Co~m_issiqn '_Il~a r~ular
meeting to . be(h~~c:l:{!' Tu_e_sd~v; _~ay
16. 2006 (or.a1_ anycontltlu~tioirof
such rT:'eetillg _WhiCh i,s_:set,__.by the
Commissionl at~:~ p~m. "nJheCorn.
niissionC~anfbfJr$ 'ilt. City,"HaU:..IOO
NW. 1st:Avenue,'Delray:Beactr. Aor-
ida.
CITY OF DElRAYBEACH. FLORIDA
-Chevelle Nubin
City Clerk
PUBUSH: May 4 & 9, 2006
Boca RatOnlDelray Beoch News
C tL'lO{tLt'lf'Le-/