Res 28-06
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RESOLUTION NO. 28-06
A RESOLUTION OF THE CIlY COMMISSION OF THE CIlY
OF DELRA Y BEACH, FLORIDA, AUTHORIZING THE CIlY
TO TRANSFER/SELL REAL PROPERlY IN THE CIlY OF
DELRAY BEACH WHICH PROPERlY IS LOCATED AT 218
S.W. 41H AVENUE, AS MORE PARTICULARLY DESCRIBED
HEREIN, TO THE DELRA Y BEACH COMMUNIlY LAND
TRUST, INC., TO BE UTILIZED FOR AFFORDABLE
HOUSING PURPOSES.
WHEREAS, the City of Delray Beach, Florida, desires to transfer/sell property located at
218 S.W. 4th Avenue for the purposes of providing affordable housing as part of the Community
Land Trust; and
WHEREAS, the City acquired the property from the County as the result of unpaid
property taxes; and
WHEREAS, the City Commission has determined that it is in the best interest of the City of
Delray Beach, Florida, to trans fer/ sell said property for the purpose described above; and
WHEREAS, the City Commission has determined that the transfer/sale of the property
described above will promote the general welfare of the residents of the Delray Beach.
NOW, THEREFORE, BE IT RESOLVED BY THE CIlY COMMISSION OF THE
CIlY OF DELRA Y BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the City Commission of the City of Delray Beach, Florida, as Seller, hereby
agrees to transfer/sell the South 40 feet of the North 256 feet of the East 135 feet of Block 31, Map
of the Town of Linton, Florida, according to the map or plat thereof as recorded in Plat Book 1,
Page 3, Public Records of Palm Beach County, Florida. The above being the real property described
under Tax Certificate 11650, in the tax deed recorded in Official Record Book 11980, Page 1590,
Public Records of Palm Beach County, Florida to the Delray Beach Community Land Trust, Inc.
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 Buyer as hereinabove
named are incorporated herein.
PASSED AND ADOPTED in regular session on the II-'-'day of "'0 ~
2006.
ATTEST:
~Y~R~
~5~1._~ ~\\ L~' ~~: 10
City Clerk
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RES. NO. 28-06
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CONTRACT FOR SALE AND PURCHASE
PARTIES: CITY OF DELRAY BEACH, a Florida municipal corporation, 100 N.W. 1st
Avenue, Delray Beach, FL 33444 (Phone: 561-243-7000), ("Seller"), and the DELRAY
BEACH COMMUNITY LAND TRUST, INC., ("Buyer"), 20 North Swinton Avenue, Delray
Beach, Florida 33444 (Phone: 561-276-8640), hereby agree that the Seller shall
sell and Buyer shall buy the following described Real Property and Personal
Property (collectively "Property") 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: The South 40 feet of the North 256 feet of the East 135 feet of
Block 31, Map of the Town of Linton, Florida, according to the map or plat
thereof as recorded in Plat Book I, Page 3, Public Records of Palm Beach
County, Florida. The above being the real property described under Tax
Certificate 11650, in the tax deed recorded in Official Record Book 11980,
Page 1590, Public Records of Palm Beach County, Florida
Property Control No. 12-43-46-16-01-031-0090
(b) Street address, city, zip, of the Property is: 218 S.W. 4th Avenue,
Delray Beach, Florida 33444
II.
PURCHASE PRICE
$
10.00
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 August I, 2006, the deposit(s) will, at
Buyer's option, be returned and this offer withdrawn. The date of Contract
("Effective Date") 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: Within thirty (30) days from the Effective Date of this
Contract, (CHECK ONLY ONE): ___Seller shall, at Seller's expense, deliver to
Buyer or Buyer's attorney; OR ~Buyer shall at Buyer's expense obtain (CHECK
ONLY ONE): ___abstract of title or ~title insurance commitment (with legible
copies of instruments listed as exceptions attached thereto) 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 within one hundred twenty (120) calendar days following
the execution of this Contract, 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; public utility
easements of record (easements are to be located contiguous to Real Property
lines and not more than 10 feet in width as to the rear or front lines and 7-1/2
1
feet in width as to the side lines, unless otherwise stated herein}; taxes for
year of closing and subsequent years; assumed mortgages and purchase money
mortgages, if any (if additional items, see addendum); provided that there exists
at closing no violation of the foregoing.
VII. OCCUPANCY: Seller warrants there are no parties in occupancy other than
Seller; Seller shall deliver occupancy of Property to Buyer at time of closing
subject to Paragraph XI E.
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 ~ may not assign this Contract.
X. DISCLOSURES:
(a) Radon is a naturally occurring radioactive gas that, when
accumulated in a building in sufficient quantities, may present
health risks to persons who are exposed to it over time. Levels of
radon that exceed federal and state guidelines have been found in
buildings in Florida. Additional information regarding Radon or
Radon testing may be obtained from your County Public Health unit.
(b) Buyer may have determined the energy efficiency rating of the
residential building, if any is located on the Real Property.
XI. SPECIAL CLAUSES; ADDENDA: If additional terms are to be provided, attach
addendum and CHECK HERE X.
By: .
By:
COMMUNITY LAND TRUST, INC.
DE
prin
,-13'" ole,
Date
.Je~ "Per-\rY\tln.
~
. Date. )
LiE:.. ~ ) rJs () !....J
Tax ID No.
sq-lo00030<6
Tax ID No. "'2-0 - '-I (~ 2- '3 ~ z..
2
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ADDENDUM TO CONTRACT FOR SALE AND PURCHASE
SELLER:
CITY OF DELRAY BEACH, a Florida municipal corporation
BUYER:
THE DELRAY BEACH COMMUNITY LAND TRUST, INC.
PROPERTY ADDRESS: 218 S.W. 4th Avenue, Delray Beach, Florida
XI. SPECIAL CLAUSES; ADDENDA (Continued):
A. FOREIGN INVESTMENT IN REAL PROPERTY TAX ACT ("FIRPTA"): The parties
shall comply with the provisions of Internal Revenue Code Section 1445 and
applicable Treasury Regulations issued thereunder. If the Seller is a U.S. person
for Internal Revenue Code Section 1445 purposes, then on demand of the Buyer and
prior to closing the Seller shall provide the Buyer with a certificate of non-
foreign status in the manner provided in Treasury Regulations Section 1.1445-2.
If the Seller provides the Buyer with such certificate, and if the Buyer is
otherwise permitted to rely on such certificate under those Regulations, the
Buyer shall not withhold under Internal Revenue Code Section 1445.
If the Seller is a 'foreign person' as defined by the Internal Revenue
Code, the Buyer generally is required to withhold 10% of the gross sales price
from the Seller at closing and to pay the withheld amount over to the Internal
Revenue Service (IRS) unless an applicable exemption from withholding or a
limitation on the amount to be withheld is available. To the extent that the cash
to be paid over to the Seller at closing is insufficient to cover the Buyer'S
withholding obligation, the Seller shall provide to the Buyer at closing cash
equal to such excess for purposes of making such withholding payment. If the
Seller's federal income tax on the gain is less than the applicable withholding
amount, the Seller may make advance application to the IRS for reduced
withholding and, if granted, the Buyer shall withhold only the authorized reduced
amount. If such ruling has not been received by closing, the parties at closing
shall enter into an escrow agreement reasonably satisfactory to the Buyer and
Seller pending receipt of the ruling, provided that at closing the Seller shall
have the obligation to provide to the escrow agent from the closing proceeds (or
from the Seller's other resources if necessary) cash equal to the maximum
required withholding, with any excess withholding being refundable to the Seller
upon receipt of a favorable ruling from the IRS.
Buyer and Seller understand that the IRS requires the Buyer and the
Seller to have a U.S. federal taxpayer identification number and to supply that
number on the foregoing forms. A foreign individual may acquire an International
Taxpayer Identification Number for this purpose. Since it may take several weeks
to receive the number after application and the IRS will not process these forms
without the actual number, a party lacking a TIN is advised to apply immediately.
B. The Buyer shall have sixty (60) calendar days within which to conduct any
and all feasibility studies and determinations relative to the suitability for the
acquisition of the subject property by the Buyer and the Buyer reserves the express
right to terminate this Contract at any time during said period for any reason or
no reason, in Buyer's sole discretion, whereupon Buyer shall receive a full refund
of all deposit monies paid hereunder. Buyer shall be granted reasonable access to
3
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the premises to conduct such feasibility studies and determinations, including
environmental assays, core drilling, surveys, soil sampling and other such testing.
C. This Contract is expressly contingent and conditioned upon the approval
of the same by the City Commission of the City of Delray Beach.
D. The parties represent and warrant that there is no broker involved in
this transaction to whom a commission would be due.
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STANDARDS FOR REAL ESTATE TRANSACTIONS
A. EVZDERCB or ~ITLI: ll)An abstract of title prepared or brought current by a reputable and existing abstract
firm (if not existing then certified as correct by an existing firm) purporting to be an accurate synopsis of the
instruments affecting title to Real Property recorded in the public records of the county wherein Real Property is
located, through Effective Date. It shall commence with the earliest public records, or such later date as may be
customary in the county. Upon closing of this Contract, the abstract shall become the property of Buyer, subject to
the right of retention thereof by first mortgagee until fully paid. (2) A title insurance commitment issued by a
Florida licensed title insurer agreeing to issue to Buyer, upon recording of the deed to Buyer, an owner's policy
of title insurance in the amount of the purchase price, insuring Buyer's title to Real Property, subject only to
liens, encumbrances, exceptions or qualification provided in this Contract and those which shall be discharged by
Seller at or before closing. Seller shall convey a marketable title subject only to liens, encumbrances, exceptions
or qualifications set forth in Contract. Marketable title shall be determined according to applicable Title
Standards adopted by authority of The Florida Bar and in accordance with law. Buyer shall have 30 days, if
abstract, or 5 days, if title commitment, from date of receiving evidence of title to examine it. If title is
found defective, Buyer shall, within 3 days thereafter, notify Seller in writing specifying defect Is) . If the
defectls) render title unmarketable, Seller will have 30 days from receipt of notice to remove the defect Is) ,
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 Is), thereby releasing Buyer and Seller from all further
obligation under this Contract.
B. PUIlGRlISB J_~ IGRW_I SB~R AGI1BIIa_ 'l'9 ~I A """,eaase MeAe) Rle"~!la!le ami RleEtlJalJe fle~e te SelleE
shall ",Ee.iae feE a 39 aa) !lEaee ",eEiea ifl t~e e.eA~ ef aefaHlt if a fiEst Rle"t!la!le aAa a IS aa) !I"aee ",eEiea if
seee.f'la er Isasel[ RLsrtlJalJe, sl=J.all pre iele: feE :Ei~h1: sf lu~epa)"HleR1: LA ..lisle BE' in paE'E uit.Bsl:lt peRalt}1 shall peE:R'Lit
aeeelsratieft iA a.eAt af EEBftsfer sf tRe ~eal PEspeEtjJ sAal1 Ee~iEe all prier IleR aRs eflel:lmS_aAeea 1:8 Be lEapt in
~eeel staAdi~g BRei. fSFhiel ~eelifieatieRa af BE fHt~re a~ aRees ~REieE pEaSE' m6E'tgBge(s)I shall Fe~Hife BI:l)Er te
ffiaiA~aiA pelieies sf iAsHFanee eSRtaifliRlj a staflearB mertlJagee ela~Be es.eFiflg all iffiPY6.e~eflt5 1eeatea 6R the Real
P!'sJ!lertj a~ainat: fi~e ana all ~eEils if1elkielea \.it:hiR Eke ~eHl "euteflsea sa. erafJe eRseEsemeflts" aRs SkieR etRE!' Eislts
aAa ",e"ils as Selle" me) "eassAaSl) Ee~i"e, iA aA alftS~fl~ e~al ~e taei~ Ri!lhes~ iflsa~aSle .alHel afla ~Re mSE~lJa!le,
Aste aAa seeH"it} a!l"eemeAt shall Be ethe~,ise iA fePffi aRa eeflteflt ~a~i"ea B} Selle"l BHt Selle~ ~a) efll) Ee~i~e
elaHses eHstsms"il) fSHAa is Rle"tlJs~ss, meE~~s!le As~es, aAa see~Eit) S!lEeements !leAeEall) ~tilieea a) sa iAlJ aAa
IsaA institH~iefls SE state SE flatisAal Baflbe leeatea ifl t~a eStiAt} heEsia Real P"s",e"t) is leeatea. All PeEseflal
l'~el'e"t) SAa leases Beif\!I eeA e)ea eE aSei!fflea "ill, at Selle~'s e",tisA, Be sHajeet ~e ths liafl ef a see~Eit)
a!!"eeMefl~ e.iael'leea B) "eesEaea fiAaf\eia~ statements. If a aallesfl Me"tga!le, ths fiAal ",aYllIeflt will eHeeea the
~eFieaie paymen~s tharesfl.
C. SORVEY: 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 governmental regulation, the same shall constitute a title defect.
D. l"GalPlBS. Bl:lje.r, al B~}e~'s enpeflse, \.itll!.Pl time alle1.1ea te aali elf a iEief\ee af title 6AEi 'ea enamine same, me)
ha~e Real PESl'e"t) ins",eetea a) a Fle"iaa €a"tifiea Pes~ €eAtEel epe"ateE ("epeEate"") ts ae~eERliAa if tReEe is aflY
isiale aeti.e te~iEe iRfesta~ieA BE LaiBle anistifl! sama!e fram teEmite infes~atiefl ifl ~he PFepe~t). If eitREE
eE ae~h a~e feaAa, BH)eE _ill ha.e 9 aa)e fEsm aa~e sf _EitteA Ae~iee ~he"eef ithin kieh ~e ha.e ssst ef
t"ea~Meflt, if Ee~HiEea, estiMatea B) ~he Gpe"ateE aAa all aSlfta!le iAs",eetea ana es~ill\atea B) a lieensea aoilae" eE
!leneEal eeflt"ae~e". Selle~ s~all ",a) .alia eests sf ~"eatllleA~ ana Ee",ai" ef all aama!le H'" te the SIl\SHAt ",ES iaea iA
Pa"s!l"a",h (a) . If es~imatea eests eHeeea 'cRat aftleHAt, BH) s" sRall ha. e the slltieA sf eaAeelifl!l this
~a~tFaet ~E aaiS after FeeeiJ!l~ af eefltEaeter's yepair estimate B} ~i ifl~ .iFitteA astiee te Selley BE' B~jeF
~ai eleet ~e presees with ~Re E~aftsaetieA, ana reeei.e a ereait at eleaiA, eft the aMe~At ~Fe.iaea iA Para,FapA
lei. "TePRli~es" shall Be aeemea ~s iAelHae all, sea aes~Ee)iA!I S"!laAiSRlS "e~iEea te ae ~e",e~tea HAaeE tke
fIBiIaa Pes~ Se~~Eel Aet, as ameAaea.
E. INGRESS AND EGRESS: Seller warrants and represents that there is ingress and egress to the Real Property
sufficient for the intended use as described in Paragraph VI hereof, title to which is in accordance with Standard
A.
F. LBABBS. Salle~ shall, RS~ less ~hafl 15 aa)s Befe"e elssiA!!, fH~ieh ~s BH)e" ee",ies ef all ~itteA leases ana
eetsPl'el le~teEe f"elll saeh tenan~ speeif)ift!l ~he aataEe ena aHEa~iefl ef the ~enant's eee~",afle), ~ental ~e~ss,
aa.aneea ~ent a~a seeHEit) ae",esi~s ",aia B1 ~SAa~t. If Selle" is ~AeBle ~e sataiR sHeR letter f~em eaeh ~eAaRt, the
saMe infePRlatieA shsll Be f~"Aishea B) SelleE ~e BH)e" \li~hiA t~a~ time ",e"iea ifl tRe feFlft ef a Selle~'s affiaa it,
a~s BH)eE Ma~ ~8eFeaftef eeR~aet ~efla~t8 ES eeflfic~ s~eft iRfeE~atieR. S~11er seall, at ele5in~, eel! e~ a~e a3si~R
all erigiAAl leases ts BH}eE.
G. LrERS: Seller shall furnish to Buyer at time of closing an affidavit attesting to the absence, unless
otherwise provided for herein, of any financing statements, claims of lien or potential lienors known to Seller and
further attesting that there have been no improvements or repairs to Property for 90 days immediately preceding
date of closing. If Property has been improved, or repaired within that time, Seller shall deliver releases or
waivers of mechanics' liens executed by all general contractors, subcontractors, suppliers, and materialmen in
addition to Seller's lien affidavit setting forth the names of all such general contractors, subcontractors,
suppliers and materialmen and further affirming that all charges for improvements or repairs which could serve as a
basis for a mechanic's lien or a claim for damages have been paid or will be paid at closing of this Contract.
B. PLACZ or CLOSING: Closing shall be held in the county where Real Property is located, at the office of the
attorney or other closing agent designated by Seller.
I. ~IMB: In computing time periods of less than six (6) days, Saturdays, Sundays and state or nstional legal
holidays shall be excluded. Any 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. ~~ i. o~ the .ssenc. in this Contract.
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J. DOCOMI!:NTS FOR CLOSDlG: Seller shall furnish deed, bill of sale, construction lien affidavit, owner's
possession affidavit, and corrective instruments. Buyer shall furnish closing statement.
K. EXPENSES: Documentary stamps on the deed and recording corrective instruments shall be paid by Seller.
Documentary stamps and intangible tax on the purchase money mortgage and any mortgage assumed, and recording of
purchase money mortgage to Seller, deed and financing statements 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 closing fee, shall be paid by the party responsible for furnishing
the title evidence in accordance with Paragraph IV.
L. ~IONS; CREDITS: Taxes, assessments, interest, insurance and other expenses and revenue of Property shall
be prorated through day before closing. Buyer shall have the option of taking over any existing policies of
insurance, if assumable, in which event premiums shall be prorated. Cash at closing shall be increased or decreased
as may be required by prorations to be made through day prior to closing or occupancy if occupancy occurs before
closing. Advance rent and security deposits will be credited to Buyer. Escrow deposits held by mortgagee will be
credited to Seller. Taxes shall be prorated based on the current year's tax with due allowance made for maximum
allowable discount, homestead and other exemptions. If closing occurs at a date when the current year's millage is
not fixed, and current year's assessment is available, taxes will be prorated based upon such assessment and the
prior year's millage. If current year's assessment is not available, then taxes will be prorated on the prior
year's tax. If there are completed improvements on Real Property by January 1st of year of closing, which
improvements were not in existence on January 1st of the prior year, then taxes shall be prorated based upon the
prior year's millage and at an equitable assessment to be agreed upon between the parties, failing which, request
will be made to the County Property Appraiser for an informal assessment taking into consideration available
exemptions. Any tax proration based on an estimate shall, at request of either party, be readjusted upon receipt of
tax bill on condition that a statement to that effect is signed at closing.
M. SPECIAL ASSESSNEN7 LIENS: Certified, confirmed and ratified special assessment liens as of date of closing
(not as of Effective Datel are to be paid by Seller. Pending liens as of date of closing shall be assumed by
Buyer. If the improvement has been substantially completed as of Effective Date, any pending lien shall be
considered as certified, confirmed or ratified and Seller shall, at closing, be charged an amount equal to the last
estimate of assessment for the improvement by the public body.
N. RlSPBGll'ZQlr, IUU'Am MID t~1 SelleI' ua"l'afl<ES t"at, ss af IS aa}S ~I'ial' ta elasi,,~, t~e eeilin,!, ..eaf
(il\el~ain,! tl>e faseia al\a saffite) ana e"te..ia.. afla il\te"ia.. 'al18, falinaatiefl, eea, alls (e.. e'l'~i ale"t) al\a
..aaha!!e aa nat ha e al\) "ISIB;o.E E'.'ISEIl~E af leal,s, wate.. aaJIIa~e a.. at..~et~l'al aalOa~e ana tHat the se[5ltie tal\)',
!,ael, all a!,[5llial\eee, lOeal>al\isal ite..s, heatin!!, saalin!!, elestl'iaal, [5ll....eil\!! s)ste"'s afl.. maehil\er) are il\ nOI\KIllC
80!IIlITISII. The fal'e!!ei!\!! ual'l'al\t) sllall ae limitea ta tae ite",e sl'eeifiea ~nleae ethen ise I'ra'iaea ifl al\ aaael\aWll.
B~Jer ffiB}, a~ BHler's enpeflse, ka e iaspeetieRs mass sf t~e5e items B) a fi~ BE iAsi.ia~al s~eeiali2iA~ iA Re~_
i~epeetien8 aRa kelsiR! afl Bee~patienal lieense feF s~eh p~Epese (if Ee~~iEea) 8F S) SA a~~%e~Fiatel) lieeRsea
rleEiaa eSAtFsetsF. BH~er aBell, PZiSE te BH)er'S eee~~aRe) SE Rat less tkaA 19 aaiS prier te e18siA~, \Aieae.er
saSHES first, Fe~ert ift _ritiH; te SelleE seek i~ems taat se ~et mee~ tke aee.e staAaarss as te aefee~s. 9Ales5
Ba)er time!) reper~s saak aefeats, B~~eE shall se seemea te ~a.e _8i aa Seller's warraRties as te defeats net
re[5larte~. If I'epail'e all' replaae",el\t al'e re~irea ta aempl) \.ith tllie Staneal'a, SelleI' sl>all ea~se tl>em ta ae ",aae
al\~ .."all l'a) ~p te t)o,e a!Belil\t I'ra.iae~ i" Pal'a~ra[5lh la). SelleI' ie nat l'e"l\Oirea ta !Balte Fel'airs aF
Eeplaee~eAts af a eesme~ie Aa~~~e HRless ea~sea B) a aefeat Eelle~ is ~espeRsiele te repair SF replaee. If the
east ef e~el> I'epair all' l'el'laaeRlel\t e"eeee tl>e arna~!\t ~Fa .iees in Pal'a~"'al'h (a), B~}er ar Seller ilia} eleet te
pal s\Oaa e"eeee, failifl!! ,Iliaa eitael' ~al't) lIlay eal\eel tl>i.. Gafltl'a!!t. If seIIei is lil\aale ta earreet tfie sefeats
I'rial' te elasiR~, tae eest t~el'eef el>all ae l'aia il\ta eseral at alaei,,!!. Seller shall, ~l'e!\ Feasanaele I\atiee,
pEe.iae H~ilitie8 ser.iee aRS assess ta tke P~epe~ty feE iAspeetiens, iRel~aiR; a aIlE th~BH~a pEie~ te elasiA" ts
eal\firm that all itelOe af Pel'eanal P"apel't} al'e al\ the Real Pra[5lel't} afla, sliajeat te the fare~aifl!!, that all
re'l'~il'es repaira afl~ Fe~laeeRlef\ts aa. e aeen !Base al\s that tile Pl'al'el't}, il\al~sil\!! alit ~ at li!Bi tea ta, la Ifl,
shrliaeel') el\a l'eal, if &flY, has aael\ maiRtail\e~ ifl tile eel\EIitiaR e"ietil\' as af Effeeti e Sate, ar..inar) .eaF aflS
tear ~Hee"teel.
e. ~S& SF LQSS. If tile Pl'sl'el't} is aama!!ea a~ fil'e all' ather eee~alt) aefal'e eleeiR~ "flS aast af Festaratiel\ sees
Ret e"aees ), sf tl>e asseeaes .aleatiel\ af the Pl'spel't) sa ealfta,es. eaet af I'eetel'atisl\ el>all ae an aali~atian af
tae SelleI' al\a eleain!! el>all I'l'eeeea 1'~l'elial\t ta tae te!!'lllS af Sel\tl'aat .Iith I'eetal'atial\ easts esere\lea at elasifl~.
If the aast ef Festal'atiaR e"eeeae ), af tl>e aseeesea .al~atieR af the imp..a elOel\ts ea sama~ea, Be)er ahall I>a.e
the sl'tisl\ af eitl>er tal,il\' Pral'el't) as ie, ta,ethel' rith eitl>el' tile ), all' al\) ine"Faaee I'raseeas [5la)aale B) irt~e
sf sasR less aE sama,s, BF af eaaeeliA, CeREraet aRa Feesi iRg ratHEa sf ae~esit(s).
P. PROCEEDS OF SALE; CLOSING PROCEDURE: The deed shall be recorded upon clearance of funds. If an abstract of
title ha.. 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 Seller's attorney 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 returned 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 closing, 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 a.. a result of any title defect attributable
to Buyer-mortgagor. The escrow and closing procedure required by this Standard may be waived if title agent insures
adverse matters pursuant to Section 627.7841, F.S., as amended.
i. BSSRSWI '~j asereu a,en~ ("~") Feeei,i~g faftas eF a~Hi aleRt is a~tReEiEea ana a~Eee5 B} aeeep~aAee sf
theM te eiep8sit the.HI. premptl), hela same in esefeu aBel, !Iejee~ te eleaE"aflee, aa.sserse tA~m i~ aeee:fEia~ee itA
teFffi8 ana e6Raitie~s sf CentE"aet. railHEE af elearanee af f~Ra5 ekall F.e~ eneaee B~ieE"'a peEfermafiee. If ifl ae~at
as te AgeAt's aatiee SE' liaeilities eRde~ tse.pFB isiefls af teRtraet, ~~eR~ ma~, at ~!eflt'9 e~tieA, eeA~iA~e te
kala the s~je~t ffiatte~ sf the ~SeYB ~Atil ~ke parties Re~ete airee te its elis5~EsemeHt, Sf ~fltil a jHa~eRt sf a
ee~Ft sf eeMpeteAt j~EisBietien ekal1 aetezmiRe t~e Ei~~ts sf t~e parties BE" A~eflt ~a) aepssit ith Ehe elerh sf
t~e eiEe~it e8Hft ha.iAg j~EisaietieR af ~he ai5~~te. Y~aR fleEifii~, all ~aFtie8 eeAeerRsa sf s~eh aetisa, all
6
~~~~~~~~:.: ~~ t~; ~~:: ~f ."lljJeRt :,h511 b11) te"R1iRste, eHeel't te th~ enteRt ef .5ees~Rt~R~ fee aPl) ~~~:~ ~~~;i~~:l)
~:l~~:::Ei e..t sf eseES... If a heeRseEi Eea1 estate anl,eE, 1\ljJePlt ':.i11 eSRI!,l) ...it" !,n .i!USRS sf Ch ; ~~;d ;._..
~: a~~f1~ea. ~) s..it aet.een B~)e" aREi SelleE '''eEe 1\ljJeRt is RlaEie a !,aEt) aeea..se ef aetiRIjJ as ~lJeRt h r e, ee
~~ :R~ ~..~~ :~e7:~~ ~!:flt. .iRteE!,leaas the s..a)eet R1~tter sf the esera'" AljJeRt shall reee.eE re~~~::~e :~t:~:~):'
:::s ~~~~:~s:: :~~..:rea '.it~ t"ese sRls..nts ts Be.!,~.ia frsRI aREi SlOt af tae eseEs.ea f..~as se e~~.i ~_ . a.. _ IJ a
~~~ ~;~~~~~ ~~ e~~Et eests .iR fa.se af ~he !'re,a.i~.ifllJ !,art): The AljJeflt a"a11 fist ae ~.iaB1~ ts a~) ~;t; :E ~ff;:f
fer HU3ae11 er:> te DI:!)e~ BE' Sellez af 1tems S13B]eet te th~a aseEe.i, l::1filess Sl:ISR Rusele11.erj 15 due t 1
ereaek af CSAtEaet 81: gEess Aegli~eflee af ;~eAt.
R. ATTORNEY FEES; COS~S: In any litigation, including breach, enforcement or interpretation, arising out of this
Contract, the prevailing party in such litigation which, for the purposes of this Standard, shall include Seller,
Buyer, and any brokers acting in agency or nonagency relationships authorized by Chapter 475, F.S., as amended,
shall be entitled to recover from the non-prevailing party reasonable attorney's fees, costs, and expenses.
S. F1ILURE or PERFORMaNCE: Except as provided in Paragraph XII, if Buyer fails to perform this Contract within
the time specified (including payment of all deposit(s)), the deposit(s) paid by Buyer and deposit(s) agreed to 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 than 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 return of Buyer's deposit(s) without thereby waiving any action for
damages resulting from Seller's breach.
~. CONTRACT NOr RECORDABLE; PERSONS BOOHD; NOrZCB: Neither this Contract nor any notice of it shall be recorded
in any public records. This Contract shall bind and inure to the benefit of the parties and their successors in
interest. Whenever 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.
U. CONVJ!:rllNCE: Seller shall convey title to Real Property by statutory warranty, trustee's, personal
representative's or guardian's deed, as appropriate to the status of Seller, subject only to matters contained in
Paragraphs VI and XII and those otherwise accepted by Buyer. Personal Property shall, at request of Buyer, be
transferred by an absolute bill of sale with warranty of title, subject only to such matters as may be otherwise
provided for herein.
V. OTHER ~S: No prior or present agreements or representations shall be binding upon Buyer or Seller
unless included in this Contract. No modification or change in this Contract shall be valid or binding upon the
parties unless in writing and executed by the party or parties intended to be bound by it.
W. ~ZES: 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.
7
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LOCATION MAP
PROPERTY TO BE TRANSFERED TO
THE DELRAY BEACH COMMUNITY LAND TRUST, INC.
CITY OF OELRA Y BEACH. FL
PLANNING 4< ZONING OEPARTlAENT
-- DIGITAL BASE MAP SYSTEM --
PCN: 12-43-46-16-01-031-0090
CONTRACT FOR SALE AND PURCHASE
PARTIES: CITY OF DELRAY BEACH, a Florida municipal corporation, 100 N.W. 1st
Avenue, Delray Beach, FL 33444 (Phone: 561-243-7000), ("Seller"), and the DELRAY
BEACH COMMUNITY LAND TRUST, INC., ("Buyer"), 20 North Swinton Avenue, Delray
Beach, Florida 33444 (Phone: 561-276-8640), hereby agree that the Seller shall
sell and Buyer shall buy the following described Real Property and Personal
Property (collectively "Property") 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: The South 40 feet of the North 256 feet of the East 135 feet of
Block 31, Map of the Town of Linton, Florida, according to the map or plat
thereof as recorded in Plat Book 1, Page 3, Public Records of Palm Beach
County, Florida. The above being the real property described under Tax
Certificate 11650, in the tax deed recorded in Official Record Book 11980,
Page 1590, Public Records of Palm Beach County, Florida
Property Control No. 12-43-46-16-01-031-0090
(b) Street address, city, zip, of the Property is: 218 S.W. 4th Avenue,
Delray Beach, Florida 33444
II.
PURCHASE PRICE
$
10.00
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 August 1, 2006, the deposit(s) will, at
Buyer'S option, be returned and this offer withdrawn. The date of Contract
("Effective Date") 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: Within thirty (30) days from the Effective Date of this
Contract, (CHECK ONLY ONE): ___Seller shall, at Seller's expense, deliver to
Buyer or Buyer'S attorney; OR ~Buyer shall at Buyer'S expense obtain (CHECK
ONLY ONE): ___abstract of title or ~title insurance commitment (with legible
copies of instruments listed as exceptions attached thereto) 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 within one hundred twenty (120) calendar days following
the execution of this Contract, 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; public utility
easements of record (easements are to be located contiguous to Real Property
lines and not more than 10 feet in width as to the rear or front lines and 7-1/2
1
feet in width as to the side lines, unless otherwise stated herein); taxes for
year of closing and subsequent years; assumed mortgages and purchase money
mortgages, if any (if additional items, see addendum); provided that there exists
at closing no violation of the foregoing.
VII. OCCUPANCY: Seller warrants there are no parties in occupancy other than
Seller; Seller shall deliver occupancy of Property to Buyer at time of closing
subject to Paragraph XI E.
VIII. TYPEWRITTEN OR HANDWRITTEN PROVISIONS: Typewritten or handwritten
prov~s~ons, 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 ~ may not assign this Contract.
X. DISCLOSURES:
(a) Radon is a naturally occurring radioactive gas that, when
accumulated in a building in sufficient quantities, may present
health risks to persons who are exposed to it over time. Levels of
radon that exceed federal and state guidelines have been found in
buildings in Florida. Additional information regarding Radon or
Radon testing may be obtained from your County Public Health unit.
(b) Buyer may have determined the energy efficiency rating of the
residential building, if any is located on the Real Property.
XI. SPECIAL CLAUSES; ADDENDA: If additional terms are to be provided, attach
addendum and CHECK HERE X .
CITY OF DELRAY BEACH
DE
COMMUNITY LAND TRUST, INC.
By:
By:
~
, Date)
L€::. if) rJ:; V tv
Date
Print Name:
Tax ID No.
Tax ID No. "2-a - 4 (Co 2- S .s: 'Z...
2
ADDENDUM TO CONTRACT FOR SALE AND PURCHASE
SELLER:
CITY OF DELRAY BEACH, a Florida municipal corporation
BUYER:
THE DELRAY BEACH COMMUNITY LAND TRUST, INC.
PROPERTY ADDRESS: 218 S.W. 4th Avenue, Delray Beach, Florida
XI. SPECIAL CLAUSES; ADDENDA (Continued):
A. FOREIGN INVESTMENT IN REAL PROPERTY TAX ACT ("FIRPTA"): The parties
shall comply with the provisions of Internal Revenue Code Section 1445 and
applicable Treasury Regulations issued thereunder. If the Seller is a U.s. person
for Internal Revenue Code Section 1445 purposes, then on demand of the Buyer and
prior to closing the Seller shall provide the Buyer with a certificate of non-
foreign status in the manner provided in Treasury Regulations Section 1.1445-2.
If the Seller provides the Buyer with such certificate, and if the Buyer is
otherwise permitted to rely on such certificate under those Regulations, the
Buyer shall not withhold under Internal Revenue Code Section 1445.
If the Seller is a 'foreign person' as defined by the Internal Revenue
Code, the Buyer generally is required to withhold 10% of the gross sales price
from the Seller at closing and to pay the withheld amount over to the Internal
Revenue Service (IRS) unless an applicable exemption from withholding or a
limitation on the amount to be withheld is available. To the extent that the cash
to be paid over to the Seller at closing is insufficient to cover the Buyer's
withholding obligation, the Seller shall provide to the Buyer at closing cash
equal to such excess for purposes of making such withholding payment. If the
Seller's federal income tax on the gain is less than the applicable withholding
amount, the Seller may make advance application to the IRS for reduced
withholding and, if granted, the Buyer shall withhold only the authorized reduced
amount. If such ruling has not been received by closing, the parties at closing
shall enter into an escrow agreement reasonably satisfactory to the Buyer and
Seller pending receipt of the ruling, provided that at closing the Seller shall
have the obligation to provide to the escrow agent from the closing proceeds (or
from the Seller's other resources if necessary) cash equal to the maximum
required withholding, with any excess withholding being refundable to the Seller
upon receipt of a favorable ruling from the IRS.
Buyer and Seller understand that the IRS requires the Buyer and the
Seller to have a U.S. federal taxpayer identification number and to supply that
number on the foregoing forms. A foreign individual may acquire an International
Taxpayer Identification Number for this purpose. Since it may take several weeks
to receive the number after application and the IRS will not process these forms
without the actual number, a party lacking a TIN is advised to apply immediately.
B. The Buyer shall have sixty (60) calendar days within which to conduct any
and all feasibility studies and determinations relative to the suitability for the
acquisition of the subject property by the Buyer and the Buyer reserves the express
right to terminate this Contract at any time during said period for any reason or
no reason, in Buyer's sole discretion, whereupon Buyer shall receive a full refund
of all deposit monies paid hereunder. Buyer shall be granted reasonable access to
3
the premises to conduct such feasibility studies and determinations, including
environmental assays, core drilling, surveys, soil sampling and other such testing.
C. This Contract is expressly contingent and conditioned upon the approval
of the same by the City Commission of the City of Delray Beach.
D. The parties represent and warrant that there is no broker involved in
this transaction to whom a commission would be due.
4
STANDARDS FOR REAL ESTATE TRANSACTIONS
A. EVIDENCE OF TITLE: (llAn abstract of title prepared or brought current by a reputable and existing abstract
firm (if not existing then certified as correct by an existing firm) purporting to be an accurate synopsis of the
instruments affecting title to Real Property recorded in the public records of the county wherein Real Property is
located, through Effective Date. It shall commence with the earliest public records, or such later date as may be
customary in the county. Upon closing of this Contract, the abstract shall become the property of Buyer, subject to
the right of retention thereof by first mortgagee until fully paid. (2) A title insurance commitment issued by a
Florida licensed title insurer agreeing to issue to Buyer, upon recording of the deed to Buyer, an owner's policy
of title insurance in the amount of the purchase price, insuring Buyer's title to Real Property, subject only to
liens, encumbrances, exceptions or qualification provided in this Contract and those which shall be discharged by
Seller at or before closing. Seller shall convey a marketable title subject only to liens, encumbrances, exceptions
or qualifications set forth in Contract. Marketable title shall be determined according to applicable Title
Standards adopted by authority of The Florida Bar and in accordance with law. Buyer shall have 30 days, if
abstract, or 5 days, if title commitment, from date of 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. PORSBASB IIGNBY I_SlloSB, SB~'1'Y 1l.SRBBI1l!al'P we SB1.l.BlI, A 1'~"eRaSe fflBne~ fflB"t<:lalJe aAa ..s"tlJalJe RBte tB Selle"
shall I'"a.iae fa" a 39 aa) lJ"aee l'e"iBa in tRe e.eRt af aefa~lt if a fi"st ma"tlJalJe ana a 15 aa) lJ"aee l'e"iBa if
seeBAa a" lesse" ..a"tlJa<:lel shall I'"a iae fB" rilJRt af l'''el'a)~eRt iR IRale a" in I'a"t litha~t l'eRalt~1 shall I'e"mit
aeeele"atiaR iR e ent Bf t"aAsfe" Bf the Real P"Bl'e"t~ I shall "elfUi"e all I'"ia" liefl aReI eRa~mBraReeS ta Be ),el't in
lJaael staReliRIJ ana fe"Bid maelifiaatians af a" f~t~"e ad.aRees ~Reler I'"ia" ma"tlJalJe(sll shall re~~ire B~)e" tB
~aintain I'alieies af ifls~"anee eBntaininlJ a stanela"eI ..a"tlJalJee ala~sa eB.e"inlJ all i~rB.smeRts IBeatea BR the Real
rrBl'a"t) alJainst fi"e aReI all I'erils inel~aeel lithin tRe te".. "e"teReleel ea e"alJe enela"semeRts" anel s~eh atRer "is),s
anel I'e"ils as Selle" mal reasanael) relfUi"e, in aR ame~f1t e~al ta thei" hilJhest ins~"aSle .al~e, anel the mertlJa<:le,
nate aRa see~"it) alJ"eement shall Be ather,ise in farm ana eanteRt "e~i"eel B) Selle", B~t Seller ma) anI) relfUire
ela~ses e~stama"il) fB~nel in ..a"t<:lalJes, ma"tlJalJe nates, aReI see~rit) alJ"eefflents lJeRe"all) ~tiliBea B) sa inlJ anel
lsaR iflsti t~tiaRs B" state a" natiaRal Isan},s laeateel iR the ea~nt) .IRe"eiR Real P"sl'eFt) is laeateel. All Pe"saRsl
P"al'eFt) ana leases lseinlJ eSR.e)eel a" assilJneel .ill, at Selle"'s Sl'tiSR, Ise s~lsjeet ta the lieR ef a see~rit)
alJ"eefflent e ieleReeel Is) "ees"aea finaReiRIJ statemeflts. If a lsallasR ms"tlJalJe, tRe final l'a)...eRt .ill e"eeeel the
I'e"iaelie l'aymeAts the"esR.
c. 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 governmental regulation, the same shall constitute a title defect.
9. !R:RIER8. B~)e", at B~)e,,'a e"peAse, itRin tiffie alIa ea te eleli e" e"ieleAee ef title aAa te eHamiRe same, ..a)
Ra.e neal P"ape"t) inspeeteel B) a Fle"iea Ce"tifieel Pest Cant"al 9J'e"atB" ("9J'e"ata,,") tB aetermiRe if the"e is SR)
isilsle aeti e teEfflite iRfeBtatiBR a" .isilsle e"istiRIJ elarnalJe f"Bm termite infeBtatiBR iR the PrBl'e"t). If eitRe"
B" lsatR a"e fa~nel, B~)e" ..ill ha.e 1 ela)s f"am elate af .."itten netiee tRe"eaf rithifl . hieh ta ha.e east af
treatmeRt, if "e~Hi"eel, estimateel Is) the 9J'e"ata" anel all aamalJe insl'eetea anel esti..ateel Is) a lieeRseel BHile1e" er
lJeAe"al eaRt"aets". Selle" shall I'ay .aliel easts af treatment aRa "el'ai" ef all elamalJe ~I' ts tRe effie~nt I'"e.ieleel in
Pe"alJ"al'lI la) . If estilllateel eests e"eeeel tRat ame"Rt, BH) eE shall Re.8 the al'tiaR af eaAeelil'\lJ this
Cal'\tEaet ~5 aa)s afteE "eeeil't af eeRt"aets,,'s "el'ei" estilllate Is) lJi inlJ "itten Retiee te Deller er S")8r
lIla) eleet te I'reeeeel 1itR the t~aRseetieR, ana reeei.e a e"eelit at elesiRIJ aR the affie~Rt I'rs.ieleel iR paralJral'A
(al. "Ter..ites" shall Ise aeefflea te inel~ele all eeel elest"a)inlJ e"lJaRisffiS "e~irea ts be rel'e"teel HRelsr tlle
FTeFIela Peet CSRt"al Aet, as affleneleel.
E. INGIlESS AND EGIlESS: 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.
F. =1:8. Selle~ sRall, Ret less tha" 15 ela)s Befa"e elasinlJ, f.."nisll 'oa B~)eE eepies af all ..rittel'\ leases anel
eBte~~el letters fEem eae~ teRaRt speeif}iR! the ~a'H~e aR~ ~~~a'ieR af t~e teRant's eee~paHe), Fefltal Eates,
ael.aAseel "ent aAeI seeHrit) ele~esits I'aiel B) teRaRt. If Seller is HRalsle 'os elstaiR suell lette" frelll eaeR teRant, the
sa..e infeEffietiaR shall Ise fH"Risheel B) Selle" ts BH)er lithiR tRat ti..e I'e"iael iR the feEm ef a Selle"'s affiaa it,
aRa B~)er ma) the"eafter eaRtaet teRants ts eeRfiEffi s~eh infs"matieR. Selle" sRall, at eleeinlJ, elsli er anel assilJR
all eri~iRal leases te B~)eL.
G. Ll:ENS: Seller shall furnish to Buyer at time of closing an affidavit attesting to the absence, unless
otherwise provided for herein, of any financing statements, claims of lien or potential lienors known to Seller and
further attesting that thare have been no improvements or repairs to Property for 90 days immediately preceding
date of closing. If Property has been improved, or repaired within that time, Seller shall deliver releases or
waivers of mechanics' liens executed by all general contractors, subcontractors, suppliers, and materialmen in
addition to Seller's lien affidavit setting forth the names of all such general contractors, subcontractors,
suppliers and materialmen and further affirming that all charges for improvements or repairs which could serve as a
basis for a mechanic's lien or a claim for damages have been paid or will be paid at closing of this Contract.
B. PLACE OF CLOSING: Closing shall be held in the county where Real Property is located, at the office of the
attorney or other closing agent designated by Seller.
I. TDHE: In computing time periods of less than six (6) days, Saturdays, Sundays and state or national legal
holidays shall be excluded. Any time pari ods provided for herein which shall end on Saturday, Sunday or legal
holiday shall extend to 5:00 p.m. of the next business day. Ttm. i. o~ thB BssenCB in this Contract.
5
J. DOCUMI!:N'1'S FOR CLOSJ:NG: Seller shall furnish deed, bill of sale, construction lien affidavit, owner's
possession affidavit, and corrective instruments. Buyer shall furnish closing statement.
K. EXPENSES: Documentary stamps on the deed and recording corrective instruments shall be paid by Seller.
Documentary stamps and intangible tax on the purchase money mortgage and any mortgage assumed, and recording of
purchase money mortgage to Seller, deed and financing statements 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 closing fee, shall be paid by the party responsible for furnishing
the title evidence in accordance with Paragraph IV.
L. PRORATJ:ONS; CREDJ:TS: Taxes, assessments, interest, insurance and other expenses and revenue of Property shall
be prorated through day before closing. Buyer shall have the option of taking over any existing policies of
insurance, if assumable, in which event premiums shall be prorated. Cash at closing shall be increased or decreased
as may be required by prorations to be made through day prior to closing or occupancy if occupancy occurs before
closing. Advance rent and security deposits will be credited to Buyer. Escrow deposits held by mortgagee will be
credited to Seller. Taxes shall be prorated based on the current year's tax with due allowance made for maximum
allowable discount, homestead and other exemptions. If closing occurs at a date when the current year's millage is
not fixed, and current year's assessment is available, taxes will be prorated based upon such assessment and the
prior year's millage. If current year's assessment is not available, then taxes will be prorated on the prior
year's tax. If there are completed improvements on Real Property by January 1st of year of closing, which
improvements were not in existence on January 1st of the prior year, then taxes shall be prorated based upon the
prior year's millage and at an equitable assessment to be agreed upon between the parties, failing which, request
will be made to the County Property Appraiser for an informal assessment taking into consideration available
exemptions. Any tax proration based on an estimate shall, at. request of either party, be readjusted upon receipt of
tax bill on condition that a statement to that effect is signed at closing.
M. SPECJ:AL ASSESSMENT LJ:ENS: Certified, confirmed and ratified special assessment liens as of date of closing
Inot as of Effective Date) are to be paid by Seller. Pending liens as of date of closing shall be assumed by
Buyer. If the improvement has been substantially completed as of Effective Date, any pending lien shall be
considered as certified, confirmed or ratified and Seller shall, at closing, be charged an amount equal to the last
estimate of assessment for the improvement by the public body.
II. J:NSPBGWJ:QIiJ, l'lBPAtR NIB IIlUN'l'BHl\!lSE. SelleE 'aErallts that, as sf 19 ela)s ",Eier ta elasill~, the eeilill~, raaf
lil\el~elill~ the iaseia allel saffits) anel eltteriar allel iRteriar .'alls, feuRelatisR, sea"alls (ar e'l:"i .alent) aile!
e!sel'a~e els Rat ha.e all) "IEIBl.E E"I9EllCE sf leal,s, "ateI' aalOa~e ar str~et~ral aalOa~e aRe! that the se!'tie tanh,
!,aal, all ap",lial\ees, IOeena,tieal itelOs, heatill~, eaalin~, eleetrieal, ",lwneill~ s)stelO" aRa RlaehiRer) are ill iiGRKIIIC
C01l9ITION, THe fare!JaiR~ ,arraRt) shall Be limi teel ta the i teRls s",eeifieel ~nless ataen,ise !,re. ieleel in aR aelaellau,".
B~)er ma), at B~)sr's su",eRse, aa:e ins",eetialls maele af taese iteRls 13) a firm ar ineli.ie!ual s",ecialiBill~ ill ha,"_
lns",eetiells aRel halelill~ all eee~",atiallal liesRse far s"ea !,~r",ase (if re'l:~ireel) ar 13) all a!,,,,ra!,riatel) liesRsea
rlariaa eaRtEaeteE. BU)eE eaall, ",EieE te B~)er'a aeeu!,alle) ar lIat less thaR 19 ela)s ",riel' te elasiR~, hiehs.er
see"rs first, re!,ert iR \.ritiR~ ta Seller s"ea itelOs taat ela list IOeet tae aBe.e stallelarels as ta eleteets. DlIless
B~)er timel) re!,srts s"ea aefeets, B~)er shall Be eleelOeel ta ha.e .ai.ee! Eeller's \arranties as ta e!efeets nat
re!,arteel. If re!,ai"s a" "e!,laeeRlellt are re~iree! te ea,.!'l) .ith tais EtaRelare!, Eeller shall ea~se the," te Be ,"aae
ane! shall !,a) ~!' ta the aRleu"t !,,,a.ielee! ip. Para~ra!,h _ (13). Seller is Rat re'l:~ireel ta Rlal,e re!,airs ar
Fe~laeeffiE~ts sf a Bssmetie Rat~rc uAIE5s ea~8ea B) a safest ~el1e~ is zcs~eRsiele te F~paiF SF rcplaee. If tRe
east af s~eh re!,air ar re!,laee,"ellt eueeee!s tae ame~nt !,ra.ieeel in rara~ra!,a _____ (B), B~)er ar Eeller RIa} eleet ta
!,a) s~eh eueess, failin~ ..hieh either !,art) lOa) eaReel tais CantFaet. If Eeller is ~RaBle ta earreet the elefeets
pzieE te elBsiR~, tHe cast the~eet sRall Be ~aia iate essrS.f at elesifl~. Selley skall, ~~BR EeassAaele ~etiee,
pE61iae etilities se~.iee aRe aesess te the PEe~eyt~ feE iRs~eetieR5, iflel~aiR~ a .alll thEeH~B ~EieE te elasiR~, te
eaRfirlO that all items af Persanal PFa~ert) are aR tae Real PFa~e"t) anel, s"Bjeet ta tae fare~ain~, taat all
re'l:~iFee! "e!,aira allel Fe!,laeeRlents aa e Beell maele aile! that tae PFa!,ert), iRel"eliR~ B~t lIat lilOitee! ta, la II,
shF~BBer) aRa !,aal, if an), aas beell IOaintailleel iR tae eane!itiaR eHistill~ as af Effeeti.s Date, arelinar) ,ear aile!
tea!" eneepteeL
e. nlSK eF LQSS. If the PFs~e"t) is eama~se! 13) fire ar ather eas"alt) Befare eleaill~ ane! eaat af resteratiall e!aes
nat eueeeel 3~ af tae asseasee! al"atisR af tae Pra!,ert) sa e!ama~ee!, east af restaratian ahall Be aR aBli~atian af
the Eeller aRel elasiR~ shall ",raeeee ",,,rs,,aRt ta the teFffis af CaRtraet ita resteratian easta eeera,eel at elaeill~.
If tHe east af EestsratieR elteeee!s 3~ af the asseasee! .al~atiall af the iffi!,ra.elOeRts ea e!alOa~eel, B~)er saall ha e
the a~tiaR af eitlle" taJ,ia~ Pral"eFt) as is, te~etheF ..ita either tae 3~ ar aa) ias~ranee !,raeeeela !,a)aBle 13) ,irt~e
af 8H~R less BE aama~e, BY af eaneeliR~ CSRtE8et ana reeei:iR~ Fet~ER af ae~asit(a).
P. PROCEEDS OF SALE; CLOSJ:NG 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 Seller's attorney 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 returned 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 closing, 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 627.7841, F.S., as amended.
12. BSGN:m1 F_,) esefa' a~eRt (n~") reeei in~ f"Rele ar e'l:lii aleRt is a~thariBee! aRel a~Fees 13) aeee!'tallee af
them ta els!,esit them !,FaRl!'tl), hala sa,"e in esera" aRel, s~B3eet ta elearanee, e!isB~Fse tHe," ill aeeareanee ith
terlOs Bile! eanaitiaRs af CaRtraet. Fail~re af elearanee af t~nels shall lIat elle~se B,,)eF'S !,erfar,"aRee. If ill aa~et
85 te ~~eRt's 6Htiea BE liaBilities ~HaeE tae~Ee.iaieRs af CSfltFaet, ~~eRt ffiaj, at ~~eRt'9 sptieR, eefltiR~e te
hale! the s~B3eet Rlatter af the esera" ~ntil the !,arties he"eta a~fee ts its elisBlirSeRlellt, ar ~ntil a 3lie!~ffient af a
ea~rt af eSffi!,eteRt 3~rise!ietian shall e!eterlOi"e tae fi~hts af tae !,arties ar ~~ent RIa) ele",asit ,ith the elerlE ef
the eire~it eaurt aa iR~ j~riseietian af the eis!'~te. 9!,an natif)ill~ all !,arties eaneernee! af e~eh aetiall, all
6
lia!!lilit) aR the part af AljjeRt shall {..ll) terlftiRate, eJ[eept ta the eltteRt af aeee"RtiRljj fae aR) itelfts pee.ieusl)
eleli e"eel aut ef eeera . If a lieenseel real estate !!lrel,e", Aljj5Rt ..ill eslftpl) .lith pre isiefls ef Chapter C'3, F.C.,
as ameflsea. ~~} sHit ectl eeR B~)eE aHa Seller ..Acre ~~eRt is maee a part) eeeaH5c af actifl~ as ~~eAt hCEeHRseE, er
in aR) s..it hereiR ~ljjeRt iRterpleaes the sHajeet Iftatte" af the eeera", AljjeRt shall reee ee reaseRaele atteene)s'
feee aRe eeets iRe.."eee ith these affie"Rts te ae paie fram aRe e..t ef the eeere eel f..nas er a~ui alent ane eharljjael
aRe a la"elael as ee..rt eeete iR fa.er ef tha pre.ailinljj part). The AljjaRt shall flst ae liaale ts aR) l'art) ar l'ersefl
fer miseeli.er) te Bu)er ee Seller ef items suejeet te this aearel, "Rlese sueh miseeli er) is eue te ~:llful
Braaeh ef Centraat ar ljjress Reljjliljjenee ef AljjeRt.
R. ATTORNEY FEES: COSTS: In any litigation, including breach, enforcement or interpretation, arising out of this
Contract, the prevailing party in such litigation which, for the purposes of this Standard, shall include Seller,
Buyer, and any brokers acting in agency or nonagency relationships authorized by Chapter 475, F.S., as amended,
shall be entitled to recover from the non-prevailing party reasonable attorney's fees, costs, and expenses.
S. FAILURE OF PERFO~CE: Except as provided in Paragraph XII, if Buyer fails to perform this Contract within
the time specified (including payment of all deposit(s)), the deposit(s) paid by Buyer and deposit(s) agreed to 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 than 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 return of Buyer's deposit(s) without thereby waiving any action for
damages resulting from Seller's breach.
T. 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
interest. 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.
U. CONVEYANCE: Seller shall convey title to Real Property by statutory warranty, trustee's, personal
representative's or guardian's deed, as appropriate to the status of Seller, subject only to matters contained in
Paragraphs VI and XII and those otherwise accepted by Buyer. Personal Property shall, at request of Buyer, be
transferred by an absolute bill of sale with warranty of title, subject only to such matters as may be otherwise
provided for herein.
V. OTHER AGREEMENTS: No prior or present agreements or representations shall be binding upon Buyer or Seller
unless included in this Contract. No modification or change in this Contract shall be valid or binding upon the
parties unless in writing and executed by the party or parties intended to be bound by it.
W. ~IES: 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.
7
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LOCATION MAP
PROPERTY TO BE TRANSFERED TO
THE DELRAY BEACH COMMUNITY LAND TRUST, INC.
CITY OF OELRA Y BEACH. FL
PLANNING de ZONING OEP ARTMENT
-- DIGITAL BASE MAP SYSTEM --
PCN: 12-43-46-16-01-031-0090
~
~, l
[IT' DF DElRAY BEA[H
CITY ATTORNEY'S OFFICE
20() NW 1st AVENUE' DEl.RAY BEACH. FLORIDA 33444
TELEPHONE: 561/2.-t\7()()II' FACSIMILE: 561/278-4755
Writer's Direct Line: 561/243-7090
DELRAY BEACH
~
All-America City
, III J! ~:TE:
1993
2001
MEMORANDUM
June 8, 2006
City Commission
David T. Harden, City Manager
W>
FROM:
Terrill Barton, Assistant City Attorney
SUBJECT: Authorization to Transfer 218 S.W. 4th Avenue to the Delray Beach
Community Land Trust, Inc.
PCN: 12-43-46-16-01-031-0090
Attached to this memorandum please find Resolution No. 28-06, which confirms
the City's intent to transfer/sell the property referenced above to the Delray Beach
Community Land Trust, Inc. for affordable housing purposes. Also attached please
find a Contract for the Sale and Purchase of the above-referenced property. This
property was acquired from the County as a result of unpaid taxes.
Please place the resolution and supporting documents on the agenda for the July
11,2006 City Commission meeting for consideration.
TCB:smk
Attachments
cc: Chevelle Nubin, City Clerk
Lula Butler, Director of Community Improvement
\CbD
RESOLUTION NO. 28-06
A RESOLUTION OF THE CIlY COMMISSION OF THE CIlY
OF DELRA Y BEACH, FLORIDA, AUTHORIZING THE CIlY
TO TRANSFER/SELL REAL PROPERlY IN THE CIlY OF
DELRAY BEACH WHICH PROPERlY IS LOCATED AT 218
S.W. 41H AVENUE, AS MORE PARTICULARLY DESCRIBED
HEREIN, TO THE DELRA Y BEACH COMMUNIlY LAND
TRUST, INC., TO BE UTILIZED FOR AFFORDABLE
HOUSING PURPOSES.
WHEREAS, the City of Delray Beach, Florida, desires to trans fer/ sell property located at
218 S.W. 4th Avenue for the purposes of providing affordable housing as part of the Community
Land Trust; and
WHEREAS, the City acquired the property from the County as the result of unpaid
property taxes; and
WHEREAS, the City Commission has determined that it is in the best interest of the City of
Delray Beach, Florida, to transfer/sell said property for the purpose described above; and
WHEREAS, the City Commission has determined that the transfer/sale of the property
described above will promote the general welfare of the residents of the Delray Beach.
NOW, THEREFORE, BE IT RESOLVED BY THE CIlY COMMISSION OF THE
CIlY OF DELRA Y BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the City Commission of the City of Delray Beach, Florida, as Seller, hereby
agrees to transfer/sell the South 40 feet of the North 256 feet of the East 135 feet of Block 31, Map
of the Town of Linton, Florida, according to the map or plat thereof as recorded in Plat Book 1,
Page 3, Public Records of Palm Beach County, Florida. The above being the real property described
under Tax Certificate 11650, in the tax deed recorded in Official Record Book 11980, Page 1590,
Public Records of Palm Beach County, Florida to the Delray Beach Community Land Trust, Inc.
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 Buyer as hereinabove
named are incorporated herein.
PASSED AND ADOPTED in regular session on the _ day of
2006.
ATTEST:
MAYOR
City Clerk
CONTRACT FOR SALE AND PURCHASE
PARTIES: CITY OF DELRAY BEACH, a Florida municipal corporation, 100 N.W. 1st
Avenue, Delray Beach, FL 33444 (Phone: 561-243-7000), ("Seller"), and the DELRAY
BEACH COMMUNITY LAND TRUST, INC., ("Buyer"), 20 North Swinton Avenue, Delray
Beach, Florida 33444 (Phone: 561-276-8640), hereby agree that the Seller shall
sell and Buyer shall buy the following described Real Property and Personal
Property (collectively "Property") 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: The South 40 feet of the North 256 feet of the East 135 feet of
Block 31, Map of the Town of Linton, Florida, according to the map or plat
thereof as recorded in Plat Book 1, Page 3, Public Records of Palm Beach
County, Florida. The above being the real property described under Tax
Certificate 11650, in the tax deed recorded in Official Record Book 11980,
Page 1590, Public Records of Palm Beach County, Florida
Property Control No. 12-43-46-16-01-031-0090
(b) Street address, city, zip, of the Property is: 218 S.W. 4th Avenue,
Delray Beach, Florida 33444
II.
PURCHASE PRICE
$
10.00
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 August 1, 2006, the deposit(s) will, at
Buyer's option, be returned and this offer withdrawn. The date of Contract
("Effective Date") 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: Within thirty (30) days from the Effective Date of this
Contract, (CHECK ONLY ONE): ___Seller shall, at Seller's expense, deliver to
Buyer or Buyer's attorney; OR ~Buyer shall at Buyer's expense obtain (CHECK
ONLY ONE): ___abstract of title or ~title insurance commitment (with legible
copies of instruments listed as exceptions attached thereto) 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 within one hundred twenty (120) calendar days following
the execution of this Contract, 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; public utility
easements of record (easements are to be located contiguous to Real Property
lines and not more than 10 feet in width as to the rear or front lines and 7-1/2
1
feet in width as to the side lines, unless otherwise stated herein}; taxes for
year of closing and subsequent years; assumed mortgages and purchase money
mortgages, if any (if additional items, see addendum); provided that there exists
at closing no violation of the foregoing.
VII. OCCUPANCY: Seller warrants there are no parties in occupancy other than
Seller; Seller shall deliver occupancy of Property to Buyer at time of closing
subject to Paragraph XI E.
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 ~ may not assign this Contract.
x. DISCLOSURES:
(a) Radon is a naturally occurring radioactive gas that, when
accumulated in a building in sufficient quantities, may present
health risks to persons who are exposed to it over time. Levels of
radon that exceed federal and state guidelines have been found in
buildings in Florida. Additional information regarding Radon or
Radon testing may be obtained from your County Public Health unit.
(b) Buyer may have determined the energy efficiency rating of the
residential building, if any is located on the Real Property.
XI. SPECIAL CLAUSES; ADDENDA: If additional terms are to be provided, attach
addendum and CHECK HERE X.
By:
By:
COMMUNITY LAND TRUST, INC.
CITY OF DELRAY BEACH
DE
Date
~
. . Date)
.... C 0 12 . L€:.,,),J.s () f-.J
Print Name:
Tax ID No.
Tax ID No. "20 - Lf (Co 2- "3 ~ 2.
2
ADDENDUM TO CONTRACT FOR SALE AND PURCHASE
SELLER:
CITY OF DELRAY BEACH, a Florida municipal corporation
BUYER:
THE DELRAY BEACH COMMUNITY LAND TRUST, INC.
PROPERTY ADDRESS: 218 S.W. 4th Avenue, Delray Beach, Florida
XI. SPECIAL CLAUSES; ADDENDA (Continued):
A. FOREIGN INVESTMENT IN REAL PROPERTY TAX ACT ("FIRPTA"): The parties
shall comply with the provisions of Internal Revenue Code Section 1445 and
applicable Treasury Regulations issued thereunder. If the Seller is a U.S. person
for Internal Revenue Code Section 1445 purposes, then on demand of the Buyer and
prior to closing the Seller shall provide the Buyer with a certificate of non-
foreign status in the manner provided in Treasury Regulations Section 1.1445-2.
If the Seller provides the Buyer with such certificate, and if the Buyer is
otherwise permitted to rely on such certificate under those Regulations, the
Buyer shall not withhold under Internal Revenue Code Section 1445.
If the Seller is a 'foreign person' as defined by the Internal Revenue
Code, the Buyer generally is required to withhold 10% of the gross sales price
from the Seller at closing and to pay the withheld amount over to the Internal
Revenue Service (IRS) unless an applicable exemption from withholding or a
limitation on the amount to be withheld is available. To the extent that the cash
to be paid over to the Seller at closing is insufficient to cover the Buyer'S
withholding obligation, the Seller shall provide to the Buyer at closing cash
equal to such excess for purposes of making such withholding payment. If the
Seller's federal income tax on the gain is less than the applicable withholding
amount, the Seller may make advance application to the IRS for reduced
withholding and, if granted, the Buyer shall withhold only the authorized reduced
amount. If such ruling has not been received by closing, the parties at closing
shall enter into an escrow agreement reasonably satisfactory to the Buyer and
Seller pending receipt of the ruling, provided that at closing the Seller shall
have the obligation to provide to the escrow agent from the closing proceeds (or
from the Seller's other resources if necessary) cash equal to the maximum
required withholding, with any excess withholding being refundable to the Seller
upon receipt of a favorable ruling from the IRS.
Buyer and Seller understand that the IRS requires the Buyer and the
Seller to have a U.S. federal taxpayer identification number and to supply that
number on the foregoing forms. A foreign individual may acquire an International
Taxpayer Identification Number for this purpose. Since it may take several weeks
to receive the number after application and the IRS will not process these forms
without the actual number, a party lacking a TIN is advised to apply immediately.
B. The Buyer shall have sixty (60) calendar days within which to conduct any
and all feasibility studies and determinations relative to the suitability for the
acquisition of the subject property by the Buyer and the Buyer reserves the express
right to terminate this Contract at any time during said period for any reason or
no reason, in Buyer's sole discretion, whereupon Buyer shall receive a full refund
of all deposit monies paid hereunder. Buyer shall be granted reasonable access to
3
the premises to conduct such feasibility studies and determinations, including
environmental assays, core drilling, surveys, soil sampling and other such testing.
c. This Contract is expressly contingent and conditioned upon the approval
of the same by the City Commission of the City of Delray Beach.
D. The parties represent and warrant that there is no broker involved in
this transaction to whom a commission would be due.
4
STANDARDS FOR REAL ESTATE TRANSACTIONS
A. EVIDENCE OF TITLE: (I) An abstract of title prepared or brought current by a reputable and existing abstract
firm (if not existing then certified as correct by an existing firm) purporting to be an accurate synopsis of the
instruments affecting title to Real Property recorded in the public records of the county wherein Real Property is
located, through Effective Date. It shall commence with the earliest public records, or such later date as may be
customary in the county. Upon closing of this Contract, the abstract shall become the property of Buyer, subject to
the right of retention thereof by first mortgagee until fully paid. (2) A title insurance commitment issued by a
Florida licensed title insurer agreeing to issue to Buyer, upon recording of the deed to Buyer, an owner's policy
of title insurance in the amount of the purchase price, insuring Buyer's title to Real Property, subject only to
liens, encumbrances, exceptions or qualification provided in this Contract and those which shall be discharged by
Seller at or before closing. Seller shall convey a marketable title subject only to liens, encumbrances, exceptions
or qualifications set forth in Contract. Marketable title shall be determined according to applicable Title
Standards adopted by authority of The Florida Bar and in accordance with law. Buyer shall have 30 days, if
abstract, or 5 days, if title commitment, from date of 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(sl 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{sl, thereby releasing Buyer and Seller from all further
obligation under this Contract.
B. PURCH'l.SB IDlSlI' II9R'1'~SI!/ SSsmlIl'lI' JIalEBlSN'P II'G ~I li. jilllrehase RleRe} lIlert",a",e aAa lIlert",a",e Rete te Seller
shall jilre.iae ier a 39 aa) ",raee jileriea iR the e.eRt sf aefalllt if a first mert",a",e aRa a 16 aa) ",raee jileriea if
seeeAa er lesser lIlert",a",e/ shall jilre.ide fer ri",ht ef jilrejilaymeflt in Hale er iR jilart lithellt jile..alt)/ shall jileFlllit
aaeeleratien ifl a ent af traRsfer ef the Real PreJ'lert)I shall re~ire all jilrier lieR afld eRellmBranees te He Ilejilt ifl
",eed staflain", afld ferHid meaifieatieRs ef er flltllre ad.aRees llnder jilrier mert",a",e(s)/ shall re~llire Bll)er te
maiAtaifl ~elieieB af iRs~Lanee eeRtaifliH~ a staReaFa ffieYt~agee Bla~se ee.eEin~ all iffi~Ee.emeflts leeatea 6ft taB Real
Pre~ert) a",ainst fire and all jilerils iRelllaed lithin the te_ "entendea ee. era",e eRaerselllents" aRa SileR ether risks
and jilerils as Seller ma) reaseRaBl) re~ire, ifl an SRIs11nt e~al ts their hi",hest iRSllraBle .allle, aRd the mert",a",e,
nete ana saellrit) a",reemeflt shall ae ether,.ise ifl ferm aRd eeflteRt re~irea ay Cellerl Hilt Seller ma} enl) re~ire
alallses ellstemaril} fellRd in lIlert",a",es, mert",a",e fletes, aRd seellrit} a",reemeRte ",eAerall) lltilieed H} sa ifl'" afld
leaR i"stitlltiefls er state er Ratieflal HaRke leeatea iR the aellnt) .hereiR Real Prejilert) is leeated. Pll Parseflal
Prejilert) a..d leases aeifl'" eeR.e)ea er assi",nea ill, at Seller's Sjiltiefl, ae sllajeet te the lieR sf a seellrit)
a",reellleRt e. iaeneed a) reeerded fiRaneiA", statements. If a aalles.. lIlert",a",e, the fiRal jila)'lfIeRt ill eneaed the
jileriedie jilaymeRts thereeR.
C. 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 governmental regulation, the same shall constitute a title defect.
IL nmEn:S. Bll}er, a1;. Biller's enl'ense, ..ithin time alle\ ed te aelLer e ielel'lee ef title anel te enamine sallle, 11\6)
ha e Real Prel'ert} iRSl'eeted B) a Fleriaa Qertified Pest Centre 1 9I'erater ("Qjilerater") te eleterffiifle if there is an)
isiale aeti.e termite infestatiefl er isiale enistin", elam3",e frem termite infestatiefl ifl the Prejilert). If either
er aeth are felll'lel, B~Jer ill ha.e 4 ela)s frelll date ef \ rittefl netiee the"eef .lithifl hieh te F.a.e eest ef
treatmeRt, if re~llired, estimated a) the 9I'eratsr ana all elama",e ins~eeted and estimatea a) a lieenaed Bllilde" er
",eneral eentraeter. Seller sftall jila) .alid eests ef treatment aRd rejilair ef all elama",e ~jil te the Sffisllnt jilre,ieled iR
Para~rajilh (a). If estilllated eests eneeed that allIe~..t, Bll}er shall hs.e the ejiltisn sf eaneeliR", this
CeAtraet ..~S aa)S after reeei~1;. ef eentraeter's rejilair estimate a) ",i ifl'" .ritteR netiee te Seller eE B~)er
ma) eleet te ~"eeeed ith the trafleaetien, and reeei.e a ereelit at elesin", en the amellRt jilre.iaed in Para",raph
la). "Termites" ehall ae deellled te inelaae all \leed destre)in", sr",aRisme "e~ireel te Be "ejilerted llnaer the
FIeiIda Pest Centrel Aet, as amenaed.
E. INGRESS AND EGRESS: Seller warrants and represents that there is ingress and egress to the Real Property
sufficient for the intended use as described in Paragraph VI hereof, title to which is in accordance with Standard
A.
......
F. L&nBES. Seller shall. net less thaa IS aaJs aeiere elesia"" f~"Rish te Bll}er eel'ies ef all ritteR leases aRa
e5~e~~el let~ers fram eaeh teRaflt Bpeeif~iRg tee flata~e aRs aHEa~ieR af tBe teRant's eee~~aAei, EeA~al Eates,
ael.aRees re..t al'ls seellritl se~esits jilaid a) teRaRt. If Seller is ~naBle te sataiR sueh letter frem eaeh tenant, the
same iAfermatisa shall ae fllrniehed al Seller te Biller ,ithiR that time jileried iR the ferm ef a Eeller's affielauit,
aReI Biller mal thereafter eefltaet tenaflts te eeRfirm elleh infe"matieR. Seller shall, at elesiR"', aeli er afld assi",n
all e"i",iRal leases ts Bll)er.
.
. -
G. LIENS: Seller shall furnish to Buyer at time of closing an affidavit attesting to the absence, unless
otherwise provided for herein, of any financing statements, claims of lien or potential lienors known to Seller and
further attesting that there have been no improvements or repairs to Property for 90 days immediately preceding
date of closing. If Property has been improved, or repaired within that time, Seller shall deliver releases or
waivers of mechanics' liens executed by all general contractors, subcontractors, suppliers, and materialmen in
addition to Seller's lien affidavit setting forth the names of all such general contractors, subcontractors,
suppliers and materialmen and further affirming that all charges for improvements or repairs which could serve as a
basis for a mechanic's lien or a claim for damages have been paid or will be paid at closing of this Contract.
H. PLACE OF CLOSING: Closing shall be held in the county where Real Property is located, at the office of the
attorney or other closing agent designated by Seller.
I. TDHB: In computing time periods of less than six (6) days, Saturdays, Sundays and state or national legal
holidays shall be excluded. Any 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. Tim8 is of the essence in this Contract.
5
J. DOCUMENTS FOR CLOSXNG: Seller shall furnish deed, bill of sale, construction lien affidavit, owner's
possession affidavit, and corrective instruments. Buyer shall furnish closing statement.
". EXPENSES: Documentary stamps on the deed and recording corrective instruments shall be paid by Seller.
Documentary stamps and intangible tax on the purchase money mortgage and any mortgage assumed, and recording of
purchase money mortgage to Seller, deed and financing statements 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 closing fee, shall be paid by the party responsible for furnishing
the title evidence in accordance with Paragraph IV.
L. PRORATIONS; CREDITS: Taxes, assessments, interest, insurance and other expenses and revenue of Property shall
be prorated through day before closing. Buyer shall have the option of taking over any existing policies of
insurance, if assumable, in which event premiums shall be prorated. Cash at closing shall be increased or decreased
as may be required by prorations to be made through day prior to closing or occupancy if occupancy occurs before
closing. Advance rent and security deposits will be credited to Buyer. Escrow deposits held by mortgagee will be
credited to Seller. Taxes shall be prorated based on the current year's tax with due allowance made for maximum
allowable discount, homestead and other exemptions. If closing occurs at a date when the current year's millage is
not fixed, and current year's assessment is available, taxes will be prorated based upon such assessment and the
prior year's millage. If current year's assessment is not available, then taxes will be prorated on the prior
year's tax. If there are completed improvements on Real Property by January 1st of year of closing, which
improvements were not in existence on January 1st of the prior year, then taxes shall be prorated based upon the
prior year's millage and at an equitable assessment to be agreed upon between the parties, failing which, request
will be made to the County Property Appraiser for an informal assessment taking into consideration available
exemptions. Any tax proration based on an estimate shall, at request of either party, be readjusted upon receipt of
tax bill on condition that a statement to that effect is signed at closing.
H. SPECXAL ASSESSMENT LXENS: Certified, confirmed and ratified special assessment liens as of date of closing
(not as of Effective Date) are to be paid by Seller. Pending liens as of date of closing shall be assumed by
Buyer. If the improvement has been substantially completed as of Effective Date, any pending lien shall be
considered as certified, confirmed or ratified and Seller shall, at closing, be charged an amount equal to the last
estimate of assessment for the improvement by the public body.
n. INSl'BC'1'rGlf, REPAIR nl9 !~SB. SelleE "aEF"'Rts taat, aa af 19 aa)s roEieE te elesiR"" the eeilin"" Feef
(iRel~aiR'" the faseia aAa "effits) aRa eHteFier ana iAtarier "aIls, fe~AaatieR, sea aIls (er eEl'ai .aleRt) aRa
eleslta",e ae Ret ha e aA) "ISISLE E'IHlEIlCE af laalts, ,.atar aa...a",e eE str~et~ral aa..a",a ana that tl>.e serotia tanl.,
roeal, all aroroliaRaea, ..eehanieal items, haatin"" eeeliR"" eleetrieal, ~lamBin", s)ste..s aAa mael>.iAer) are iR n9F1KII1C
C91IeITION. Tl>.e fere",eiA", 'arraRt) saall Be li",itea te tae ita..s a~eeifieel ~Rlass etaer isa ~FS iaea iR "'R aaeleAa~.
B~)eF mai, at EHler's enpeRse, fia.e inspcctieflS maBC af thBse items a4 a firM BE ifldi.id~al 3pecializiA~ in heme
inaJ'eetieA5 aAa l>.elaiR'" an eaeH~atieRal lieeRae fer s~eh ro~rroese (if raqairaa) ar B) aR a~~raroriatel) lieeA5ea
rlariaa eaRtraetar. S~)eE saall, ~Eiar te Ba)er'a eaearoaRe) ar net leaa ta",n 19 aa)s ~Fier ta elasiA"" ,I>.ieae.er
aeears first, reroart in ritiA", ta Seller s~eh items taat aa net meet tae eBa e staAelaras aa te aefeeta. UAless
Ba)er ti..el) re~arts saeh elefeets, Sa)er shall Be aeemea ta aa e _ai.ea Seller's \larraRties as ta aefeets nat
reroartea. If re~airs ar rerolaee",eRt are reqairea ta eem~l) ita tais 8tanaare, Eeller shall eaess the", te Be maae
ana ahall !"a) eJ' ta the amauRt ~re iaea iR Para",ra~a IB). Seller is Rat reqaireel ta malte reroairs er
rerolaee..eRts af a easmstie Rature ~nleaa eaasea B) a aef~eller is resrosRsiBle ta reroair er re!"laee. If tae
east af saeh reroair ar rerolaee..eRt eneeeae the amaant ~ra iaea iR Para",ra~a lB), Ba)er ar Eeller ma) eleat te
roa) sael>. eneeaa, failiR,:! ,/hiea eitaer !"art) may eaReel thia CantraeL If 8eIIer ia uRaBle ta earreet tae aefeets
~rier ta elesiR,:!, the east thereaf saall Be ~aia iRta esere. at elesiR",. Eeller shall, a~en reasaRaBle Ratiee,
J'ra iele ~tilitiea ssr iee aRa aeeesa ta tae Pra!"ert) far iRs~eetieRs, iRel~M.A'" a ./allt thra~,:!a ~Eiar ta elasi""" ta
eanfirm that all items af PeEsenal Pra~sEt) are an the Real Pre~ert) ana, s~bjeet te the fare",eiR,:!. that all
req~irea reroairs ana re~laeemeAts aa. e BeeR maae aRa that the Pra~srt), iRalHaiA", but net limi tea ta, la R,
ehr~BBer) ana ~aal, if aR), aas BeeA maiRtaiRea iR the eaRaitiaR eHistiR", as ef Effeeti.e Date, erainar) aar aRa
tear e.neef!teel.
O. ~~ OF LOSS, If the Pra~erty is elama",ee B) fire ar ether easHalt) Befere elesiR", ana eaat af resteratiaA elaea
Rat sHeeee 3' af the assessee alHatisR af the praJ'ert) sa aama",ea, eaat af reaterstieR ahall Be an eBli",atiaR af
tae Eeller ana elasiR", aaall ~Eeeeea !,,~ra~aRt ta tae tef'lll5 af CaRtraet lith restaratiaA easta esera..ea at elaaiR",.
If the east af rsataratiaR eHeeeas 3' af tile asaessea al~atieR af the i~re emeRts se aama,:!ea, Be)er aaall aa.e
tae e~tian ef either ta)tiA", Preroert) as ia, ta",ether "ita either the 3\ ar aA} iRs~ranee ~Eeeeeas roa)eBle B) irt~e
af aaeh lees er elama",e, ar ef eaReeliR", CaRtraet ana reeei.iR'" reterA ef aeroeaitls).
P. PROCEEDS OF SALE; CLOSXNG P~URE: 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 Seller's attorney 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 returned 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 closing, 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 writtsn
commitment that it will not withhold disbursement of mortgage proceeds as a result of any title defect attributable
to Buyer-mortgagor. The escrow and closing procedure required by this Standard may be waived if title agent insures
adverse matters pursuant to Section 627.7841, F.S., as amended.
2. SSSROW. 1\R) esera.' a",eAt (.~.I resei iR", flORas ar eq~h aleRt ia aatheril!ea aRa a",reea B) aeee~taRee ef
them ta aeroaait taem rora"'l'tl}, aela same iR esere" aRa, s~Bjeet te eleaEaRee, elisBarse taem iR aeearaaRee it I>.
teEms aRa eSAaitisns sf Csatraet. Fail~re af elearaaee af f~Haa s~all Rst encase Btl}er's f!eFfermaaee. If in aeaet
aa ta 1\",eAt'a elaties ar liaBilities ~naer the~re iaiens ef CaRtraet, A",ent ma), at A",eRt's erotien, eeRtiRee te
hala the sHBjest mattar ef the eeere, ~ntil tae ~arties aerate a",ree ta its aiaBHrsemeRt, er ~Rtil a j~el",meRt ef a
eaart ef ea",!"eteRt j~riselietian shall aetermiRe the ri",ata af tae ~arties er 1\",eAt RIa) ae~asit ita the elerl, af
the eireHit eaart ha.in", jarisaietie" af the ais~ate. 9!"aR natif)in", all ~artias eaReerRea af saea aetiaR, all
6
liaeilit} sn the 13art sf A~eflt sAall f..ll) termillate. enee13t ts the entent sf aees~lItill~ fsr any ite..s 13re.is~sly
seli eres eut ef esers'. If a lieellses real estate areller, A~ellt lill es~l) lith 13re.isisIl5 sf Cl>a13ter 1:3, F.E.,
as amellaes. ARy s~it aet eell B..)sr ailS Seller _here A~ent is mase a 13art} aeeaHse sf aetill~ as ~~ent here~Aaer, er
iA aAY s~it hcreiA ~~Eflt iflteEpleaas tRE sHbject matter sf the EseESi, ~gCRt BRall rcee.EE rC3s8Aaele attsFRC)9'
fees alia sests ille"FFea ith these ams~lIts ts Be 13aia frem ana e~t ef the eSeFS,'ea f"lIas er e~ui alellt alia eBar~es
aAa a.larses as ee"Ft eests ill fa eF ef the 13re ailin~ 13aFt}. The A~ellt sAall lIet Ee liaEle te all} 13arty er 13erseA
fer ..isaeli eF} te n,,}er er Seller ef items s"ejeet te this esere , ~1I1ess s~eh ..isaelLer) is aHe te nillf..l
"'Feaeh sf CSlltFaet SF ~resS lIe~li~ellee ef P~ellt.
R. ATTORNEY FEES; COSTS: In any litigation, including breach, enforcement or interpretation, arising out of this
Contract, the prevailing party in such litigation which, for the purposes of this Standard, shall include Seller,
Buyer, and any brokers acting in agency or nonagency relationships authorized by Chapter 475, F.S., as amended,
shall be entitled to recover from the non-prevailing party reasonable attorney's fees. costs, and expenses.
S. ~LURE OF PERFO~: Except as provided in Paragraph XII, if Buyer fails to perform this Contract within
the time specified (including payment of all deposit Is)), the deposit(s) paid by Buyer and deposit(s) agreed to 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 than 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 return of Buyer's deposit(s) without thereby waiving any action for
damages resulting from Seller's breach.
T. 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
interest. 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.
U. CONVEYANCE: Seller shall convey title to Real Property by statutory warranty, trustee' s, personal
representative's or guardian's deed, as appropriate to the status of Seller, subject only to matters contained in
Paragraphs VI and XII and those otherwise accepted by Buyer. Personal Property shall, at request of Buyer, be
transferred by an absolute bill of sale with warranty of title, subject only to such matters as may be otherwise
provided for herein.
V. OTHER AGREEMENTS: No prior or present agreements or representations shall be binding upon Buyer or Seller
unless included in this Contract. No modification or change in this Contract shall be valid or binding upon the
parties unless in writing and executed by the party or parties intended to be bound by it.
W. 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.
7
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LOCATION MAP
PROPERTY TO BE TRANSFERED TO
THE DELRAY BEACH COMMUNITY LAND TRUST, INC.
PCN: 12-43-46-16-01-031-0090
f,.(!.
28 Boca RatonlDelray Beach News - Monday, June 26, 2006 . www.bocanews.com
'b/CJ'o
~.d,
100
ANNOUNCEIIIIENTS
]II: L, s.;.d \<Jtl(.,.~
NOTICE OF INTENT
T01llANSFEAI&EU.
REAL PROPERTY
NOTICE IS HEAEBY GIVEN that the
City of Delray Beach, Florida. an-
nounces its intention l~ transfer/sell
certain real properties IOf affordable
housing plJ'poses a's part of the Com-
munity Land Trust. more particularly
described as to/lows
lot 1, Block 38, Subdivision of Soutn
Half (112) of Block 38 aM SUbdivision
of North Half (112) of Block 39, Town
ot Linlon, according 10 the map or pial
thereof as recorrJed in Plat Book 1"
Page 3.4, Public Records of Palm
Beach County, Aorida
Lot 11. Block e, TouriSt Nook, 3ccoro-
ing to the map or plat thereof as re-
corded in Plat Book 11, Page ~7. Rlb-
He Re<:ords ot Palm Beach County,'
Flori(fa
Lot 13, BlocK 2', AlIantic Gardins, ae-
corUing to the map or pial thereof as
recorljeli in Pial Book 14, Page 56,
Public Records of Palm Beach
County,Ronda
Lot 23, Canler. square, according to
the map or plat thereof as recorded in
Plat Book 2~, Page t 1, Public
Records 01 Palm Beach Counly, Flori.
.a
lot 54, Sunset Park,aC<:ording hI tne
map or plat thereof as recorded i1 Plat
Book 12: Page 65, Publ~ Records I)f
Palm Beach County, Florkla
Lot 55, Sunset Park, according to the
map or plat thereof as recorttel:l n Pial
Book 1.2, Page &5, PubliC Records 01
Palm Bea::h County, FlorKfa
The South 40 feet 01 the North 254
feet of the East ,135 feet ot Block 31.
Map 01 the Town 01 linton, Flori<Ja,
according to the map or plat thereof
recorded in Pial Book 1, Page 3 of lhe
PUblic Records 01 Palm Beach
Count)!, Florida. The above being the
real property described under Tax
Certificate 11660, in Ute Tax Deett re-
corljed in Official Record Book 11980,
Page 1590, Public Records 01 Palm
Bea::h County, FWriOa.
othe-r terms of the trans1erJsale ale
contained In ltle Contracts for Sale
anti Purchase between the City ami
the Community Lantl Trust Resolu-
Hons 01 the Cit)l Commission author-
izing the fransferJsaJe of fe-a! propef-
lies incorporating the terms and con.
ditions thereof, wiH be cOllSidefed at a
publiC hearing to be held on July 11,
2006 al 7:00 p,rn at City Hall, 100
N.W. 1st Avenue, Delfay Beach. Flor-
ida
CITY OF DELRAY BEACH, FlORIDA
By
Chevelle D. Nubil
City Clerk
Publish The Boca Raton/Delray.
Beach News
Monday; JlIle 19, 2000
Monda;.: Jon. 26. 2000
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28 Boca RatonlOelray Beach News - Monday, June 19,2006. www.bocanews.com
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100
ANNOUNCEMENTS
10] Legal
\otices
NOTICE OF INTENT
TO TRANSFERlSELL
REAL PROPERTY
NOTICE IS HEREBY GIVEN thai the
City of Delray Beach. Florida. an-
nounces its intention to transfer/sell
certain real properties for aftordable
housing puposes as part 01 the Com-
munity Land Trust more particularly
described as lollows
Lot 1. Block 38. Subdivision of South
Hall {1/2\ at Block 38 and Subdivision
of North Hall il/2} 01 Block 39. Town
of Unton according to the map or plat
thereol as reCorded in Plat Book 1,.
Page 34. Public Records 01 Palm
Beach County_ Rorida.
lot 11. Block B Tourist Nook. accord-
ing to the map or plat thereof as re-
corded in Plat BOOK 11. Page 47. Pub-
lic Records of Palm Beach County
Florida
lot 1~, Block 2. Atlantic Gardens. ac-
cording to the map or plat thereof as
101 Legal
\otices
lecorded in Plat Book 14 Page 56
Public RecOfds of Palm Beach
county Aofida.
Lot 23. Car~er Square. according 10
the map or plat thereof as recorded in
Plat Book 24. Page 11. Public
Aecorcls of Palm Beach County. Flori-
da
lot 54. Sunset Park. according to the
map or pial thereof as recorded in Plat
Book 12. Page 65. Public Records of
Palm Bead'. county Florida
Lot 55. Sunset Park. according to the
map or plal lhereof as recorded in Plat
Book 12. Page 65. Public Records at
Palm Beach County Rorida
The South 40 teet of 1M Norlh 254
feet of the East 135 teet at Block 3'
Map of the Town of Union' Florida.
according to the map or plat Ihereof
recorded in Plat Book 1. P8ge 3 01 the
Public Records of Palm Beach
County. Ronda. Tne abo~e being the
real prope.rty described under Tax
Certificate 11650. in the Tax Deed re-
corded in Official Record Book 11980
Page 1590. Public Records of Palm
Beach County. Florida
Other terms of the transler/sale are
contained in the Contracts for Sale
and Purchase between the City arid
the Community Land Trust Resolu-
tions 01 the City Commission author-
izing the 1ransler/sale of real proper-
ties ~ncorporating the terms and con-
ditiOns thereof. will be considered at a
pUbliC hearing to be held on July 11
2006 at 7:00 p.m. at Cily Hall 100
N.W. 1st Avenue. Delray' Beach Flor-
ida
CITY OF DELRAY BEA.CH. FLORIDA
By
Che~elle D. Nuoin
101 Legall\otices
CityCIef'k
Publish: The Boca RatonfDelray
Beach News
Monday, June 19, 2006
Monday, June 26, 2006