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Res 31-06 RESOLUTION NO. 31-06 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRA Y BEACH, FLORIDA, AUTHORIZING THE CITY TO TRANSFER/SELL REAL PROPERTY IN THE CITY OF DELRAY BEACH WHICH PROPERTY IS LOCATED AT S.W. 2ND STREET, AS MORE PARTICULARLY DESCRIBED HEREIN, TO THE DELRAY BEACH COMMUNITY LAND TRUST, INC., TO BE UTILIZED FOR AFFORDABLE HOUSING PURPOSES. WHEREAS, the City of Delray Beach, Florida, desires to transfer/sell property located at S.W. 2nd Street 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 CITY COMMISSION OF THE CITY OF DELRA Y BEACH, FLORIDA, AS FOLLOWS: Section 1. That the City Commission of the City of Delray Beach, Florida, as Seller, hereby agrees to transfer/sell Lot 1, Block 38, resubdivision of south half (1/2) of Block 38 and subdivision of north half (1/2) of Block 39 , Town of Linton, according to the map or plat thereof as recorded in Plat Book 11, Page(s) 34, 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 \ \~y of ~, 2006. ~- ATTEST: ~o~- ~ ~~. ~. ~~Sb:.. l City Clerk 2 RES. NO. 31-06 " 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 Sal e and Purchase (" Contract") . I. DESCRIPTION: (a) Legal description of the Real Property located in Palm Beach County, Florida: Lot 1, Block 38, Resubdivision of South Half (1/2) of Block 38 and Subdivision of North Half (1/2) of Block 39, Town of Linton, according to the map or plat thereof as recorded in Plat Book 11, Pagers) 34, Public Records of Palm Beach County, Florida Property Control No. 12-43-46-17-07-038-0010 (b) Street address, city, zip, of the Property is: S.W. 2nd Street, 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: comprehensi ve 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 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 1 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. ------ CITY DE COMMUNITY LAND TRUST, INC. ,- '3~Ob ,- W << ( Dc... By: 'P \ Date ~crJ Date e..r m o..n ~. L€.. V; tJS ()tJ Tax ID No. Sq. ~OOO 30~ Tax ID No. 20 - Y I ~ c... "> S- '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: S.W. 2nd Street, 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 I 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 I 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. EVrDENCB OF ~ITLI:: (l.)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 i.s located, through Effective Date. It shall commence with the earliest public records, or such later date as may t'e customary in the county. Upon closing of this Contract, the abstract shall become the property of Buyer, subject La 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. ~ I_I' J~I SBSlmZH lIGRBBI_ 'l'EI -..-, A pl!rehaae maRe) Mart!!a!!e aRei mert!!a'Ie nate te SellEE ehsll pre ieie fer a )g eia) 'Iraee perieei iR the e.ent ef eiefal!lt if a firat mert!!a'Ie anei a IS eia) !!raee perieei if eeeana ar lesser mert!!a!!el shall pre ieie fer ri!!ht ef prepaymeRt iR .ffiele er iR part ,ithel!t penalt)1 shall peEMit aeeeleEat!sR iR e.e~t af tEansfe~ af the Real Pfepeft}1 ska11 Ee~iEe all ~EieE liaR aR~ eneHmBEa~eea te ~e hept iR !!eea etaRai,,!! ana fer~ia meaifieatieRs ef er fl!t..re aa. aRees I!Reler prier mart!!a!!e (s) 1 shall re,!l!ire al!) er te ~aiRtaiR ~elieies af iRs~~aAee seAtaiRing a ataAaara mertgagee elaase ee~eEiRg all imprs.emeRts leSSEes SA tae Real Pre)3eEtJ agaifl6t: fire aAa all pezila iflsll:laeel \.ithiR ERe teEHi "eutefleleel 8e.eralje e.fLsersemeFlts" BRe S1:18A ether risl.s anel perila ea Seller May reassR~I) re~ire, iR aR aMel!Rt e~al te their hi!!hest iRs..r~le .al..el ~.ei the mert!!a!!e, Rete afl~ seeerit) 8!reemest shall Be etaeE\ise ift teEm aRB eSRteA~ re~~iEea S) Sellerl B~t SalleE ma} SRI) Ee~~iEe ela~8es eHstsffiaFil) fe~Ra i~ mert!a~CB, mert!a~e fletes, aBa see~~it} a~reemeA~8 ,eReEall} ~tiliEea B} SS.iA~ aAs leaR iRsti~HtieRB er state SF AatisRal eaR][S leSSEes iR tae ee~RtJ iflereiR Real rrepe~t} is leeatea. ~ll PerssAal Prepert) "Ra lesses ~eiFllf eeR.e)eel er assilfFlea \lill, at Seller's eptieR, ~e s"Bjeet te t~e lieFl sf a see....it) a!!reell\eFlt e iaeReea ~) reeeraeel fiRaReiR'I statements. If a BaIlee" Mart!!a!!e, the fiFlal flaymeRt .,ill eHeeaa tRe perieaie pa}~ents thereeR. c. SURVEY: Buyer, et Buyer's expense, within time allowed to deliver evidence of title, may have Real Property surveyed and certified by e 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. I!l'BmERSI B~}e.F, 51. Ih!)e!f's eJEpePlse, \.i.thifl ~ime alle..eel ~e seli.sE' e.iseRee sf ti.tle SPlS te enam!.Ae same, miS} he.e Real Pre~ert) inapeetea B) a Fleriela Se~tifieei Pest QaRt~el eperater ("eperater") te elete~i~e if there is aR] isi8le aeti.e terMite i.Rtes~atieA SF .iBi~le euistiA! sama,e tEem tePMiEe iAfeststisA iR the Pre~eFt). If eitRer er esth are fel!na, a..)e~ ill ha.e 1 ela)s treM aate ef ~itteR Reties thereat _ithiR _"iEh te ha.e eest Ef treaEll\eFlt, if re,!l!ireel, estiMateel B) the Operater aReI all elame!!e iRspeetaa aReI estill\ateei B) a lieeRsea ~I!ileler e.. ~e"eral eeRtraeter. Seller shall pa) alia eests ef treatMent aRa ~eflair et all eiama!!e I!fl te the ame~Flt fl..e ielea in Para!!ral'h la). If eetimateel eests e"eeea that amel!Rt, B..)er shall ha.e the e~tieR ef eaFleeliR!! this Cef'l'Eraet ~S aa)s after reeei13t af eeFltEaeter's repaiJ!' estimate e) lJi iFiIJ ..Fitte.R fletiee te SellaE' e~ BI:!)E:r ~a) eleet te pJ!'eeees rith tae tEaA5ae~ieA, aFis Feeei e a ereait at elesiRg en the ame~Rt ~Ee.iaea iH PaEagra~h (8). "TeFmitee" shall Be aeemea te i~el~ae all raea aestreiislJ eE~aflisms re~irea te se FepeEtea HAaeE tR_ FIeiIsa Peat CeRt~al het, as emeFleleei. E. rNGRESS 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. P. ~Sl Sallar shall, Ret less thBR IS aa)a esfera aleeift!!, fl!rnish te BI!)er eepiee ef ell ,ritteR leases aReI eatBp~el letters fEe~ eaek ~eRaRt speeif}iA! ~~e Ha~eFe aRa aaEa~ieR sf the tefla~~'B eee~paRe), Fe~~al rates, sa aReeel rent aRa aeel!rit) aepesite ~aiel ~j teRaRt. If Seller is I!R~le te e~taiFl s..eh letter freM eaeh teRaRt, tte same iAfsPJOatisR shall ~e t..rRisheel B) Seller ta a..)er ,ithiR that tiMe fleEiea iR the feXll\ ef a SEller's sffiela it, aReI a..)eE ma) thereafter eentaet teRaRts ta eeRfi~ sl!eh iRfa~atien. Seller shall, at eleeiR!!, eleli.eE sna sssi!!R all eri!!iRsl leases te BI!)er. G. LIJl:NS: Seller shell 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 heve 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 weivers of mechanics' liens executed by all general contrectors, subcontractors, suppliers, and materielmen 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 or CLOSrNG: 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. TIME: 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, Sundey or legal holiday shall extend to 5:00 p.m. of the next business day. Time is of the essence in this Contract. 5 J. DOCtlMEN'1'S FOa CLOSrNG: 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 cf 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 fDr furnishing the title evidence in accDrdance with Paragraph IV. L. PRO~IONS; CREDITS: Taxes, assessments, interest, insurance and other expenses and revenue of Property shall be prorated through day before closing. Buyer shall have the optiDn Df taking over any existing policies e,f 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 Dccupancy occurs befDre closing. Advance rent and security deposits will be credited to Buyer. Escrow depDsits held by mortgagee will be credited to Seller. Taxes shall be prorated based on the current year's tax with due allowance made fDr maximum allowable discDunt, 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 prier year's tax. If there are completed imprDvements on Real Property by January 1st of year of closing, which improvements were not in existence on January 1st of the priDr 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 infDrmal assessment taking into cDnsideration available exemptions. Any tax proration based on an estimate shall, at request Df either party, be readjusted upDn receipt of tax bill on condition that a statement to that effect is signed at closing. M. SPECrAL ASSESSMENT LrENS: Certified, confirmed and ratified special assessment liens as of date of closing !not as Df 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. mSPBGIJ!'I9H, RBl'lta Mm UI\,~SB, Seller ..arraA~S ~Ila~, as ef 19 sa~s [!Irisr ~e elesiA!!. tile eeiliA!!, reef (iftellle!i"!l tile faseia aAe! seffits) ans enterier aI'ls interier \lalls, fe~Asatien. sea /alls (e" e,!lILaleI'ltl afls seelEa!!e se Aet he e aA~ VI!:IBLE E"I9ENCE ef lealls, /ate" e!ama!!e er str~et~ral e!ame!!"e aAs thet tile se[!ltie tal'll<, [!leal, all a[!l[!llianees, RleallaAiaal items, heath.!!", eeelifl!!, eleetrieal, [!IllHIISiA!!" systems aAe! RlaelliAer) are iA tlORKIIlC COIlSITIGN. Tile fere!!"siA!!" .arrBflt) shall Be limi~ee! ~e the iteRls s[!leeif1es lIAless ether/ise [!l"e iaea 1A aA aaaena~ffi. Bld.) er RLa~, at: J3.1:Ij e!r' 9 eHJieASe, aa. e. iP1spe.etieAS lRase ef 'these items Bj a fiLm eF ifHii ia.l:ial apeeialii!iflg in heffie iRS[!leetieRs ana llelaiA!!" aA eeell[!la~ienel lieeRse fer sllell [!l~"l"ese (if re~i"eal er B) an e[!l[!lre[!lriatel) lieensEs rlariaa eentraeter. B~)er shall, [!Irie" te BlI)e,,'s eeell[!laAe) e" Aet less theR 19 aa)s [!Irier te elesiA!!", ..llielle.Er eee~rs fire~. re[!le"t iR ~ritifl!! ta Seller s~eh iteRls that se Re~ Rlee~ ~Ile aBe e staAsaras as te aefeets. 9f1leS5 B~)er ~iR\el) re[!ler~s s~ell aefeets. BlI)er shall Be aeeRlea ~e h~e ~i es Selle,,'s JarraAties 55 te sefeets flet rel"ar~es. If re[!lsirs er re[!llaeemBAt are re'fUi"ea te eSRl[!ll~ \lith tllis S~aAe!ara, Seller shall eallse theRl te Be Rlaae aAa shall [!Ia) lip ta ~Ile aJRellA~ [!Ire iaea iA Para!!"ra[!lll Is I. Seller is Ae~ re~irea te Rl31.e rellairs er "e[!llaeeRleAts sf a easRletie Aetllre lInless ea~sea B) a sefeetlSeller is ~eslleAsiBle ts rellair sr re[!llaee. If t~e eest af sllefl re[!lair ar re[!llaeellleA~ eneeeas tlle amallAt [!Ira.iaea ifl Para!!ral"ll IBI. BlI)eE aE ~eller RIa) eleet te [!Ia) ellell elleees. failiA!! ..hiah aitaa" [!la"t) RIa) eaAeel this CSfltraet. If !:eIIei is lIf1asle ta aerEaet tile aafeats [!IEia" ~s elasiA!!. the eest thereef saall se [!lais iAtS esers./ at elasiA!!. Seller sllall, ~[!IeA Eeasanaele Aetiee, ~~e iae ~tili'Eies seE.iee aflel aBBess te tAe Prspert) fey ifisIH~.e~ieFlsl' i.Rell:leliR~ a ,rsllt tfl:E'el:l~l=1 )i!E'isr te elesiR~, te eenfi~1ll that all iteRls ef PerseAal Pre[!lert) are en tile ~eal Prsllert) aAa, s~ejeat te tlle fsre!!sin!!". that all re,!lIires re[!lai"s afts re[!llaeeRleAts he e BeaA Illaae ana that tlle Prsllert), iflalllaiA!! e~t Aet li..itea ta, la R, 5Af"~BBeF) BPleI ~eel, if BPi), has seep. lfIaiFl'E.aiFJeei ifl tae eSFlsitisR euistiRlJ as af I:ffeeti e Qate, e:reliFlar) '~ar ar.6 tear BHeeptea.. 9. RISK SF L9SS, If the P"el"ert) is aama!!"es s) fira sr ether easllalt~ eefsre elasifl~ aAs eest sf resteEatieA sses ~et BIESBeS 3% sf t~e assessee ~all:la~ieFl af the Prepert) se Sama!Bel, eest sf :resteratasfl sRall Be SA eeli~ati.eFl ef tke Selle" aAa elasift~ shall Il"aeees 1l~"e~aAt ta the te~s ef eeAt"ae~ lita res~sratiafl easts esere es at elesiR~. If the east sf FeBte~atieR eneeeels 3\ sf the assessed .al~atieR sf the impre ements Be elama~ee, Bl:l)eE shall ha.e tke sl"tieft af eitller talaA!! Prel"e"t) as is, ta~etller ,ith either ~lle ~, sr ae) iAe~ranee Ilreeeees lla)aBle B) irt~e ef s~eR les8 BE aaRsge, BF sf eaReeliflg CSRtrset aRB Eeeei ifl~ Fet~ER af elepesit(sl. P. PROCEEDS OF SALE; CLOSING PROCEDURE: Tha deed shall be recorded upDn 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 mDre than 5 days after closing date. If Seller's title is rendered unmarketable, thrDugh no fault of Buyer, Buyer shall, ~ithin the 5 day period, notify Seller in ~riting of the defect and Seller shall have 30 days from date Df receipt Df such notificatiDn to cure the defect. If Seller fails tD 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 tD make timely demand for refund, Buyer shall take title as is. waiving all rights against Seller as tD any intervening defect except as may be available to Buyer by virtue Df warranties contained in the deed or bill of sale. If a portion Df the purchase price is to be derived from institutional financing or refinancing, requirements Df the lending institution as to place, time of day and procedures fDr 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 institutiDn a written commitment that it will not withhold disbursement of mortgage prDceeds as a result of any title defect attributable tD 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. BS_, 1Ifl) eae~a\/ a~eftt (.~.) reeei.in~ f~nss ar e~i.aleAt is alltharil!ea 8AS a!frees B1 aeee[!ltaAee ef t~em ta sallasit them I"ra!ll[!ltl), llsls same iA esere/ ana. s~jee~ ~a elearsAee, aiSBlIrSe them iA aeeeraa~ee i~k te.E'JRS apu!t eeFlsitisf1!1 sf GeAtf'aet. PailtiiE'e af elearaf.ee sf fLiBelS shall Rat eneLise B~Jer'!!l F!erfSFff\aRee:. If ifl elS'tlst 8S te ~~eF.t'e a~ties BE liaBilities tlnaeE th~ pES iaisRS sf gef1~Eae~f '~eHt ffiS)r at ~~eFlt'e 6~tieA, sSRtiRLie ~B Asla tp.e s~jeet matter sf the BeeFS 1 Hfltil tae ~aEtie5 BeEe~e SIres te its eliee~Eseffieflt, BE Lifltil a jtla!~e~t sf a ee~r~ ef ea~etaAt j~rieaietian shall aetermiAe the ri~llts af the Ila"ties er ~!!eAt ma) aellesit itll tlle elerl. ef tAe eiEetlit eetlF~ ha.iFl~ jHEiselie~ieFl sf tHe ai5~tlte. 9pen netif}iR! all paE~ies eeFlseEfiea af 3Liea aetiefl, all 6 ::~~~::t~ efl t"e p,,!!'t af A~ef\t ,,"all f~ll} l!eE'lllinate, e"eepl! te the e"telll! af aeeelH.tifl!J fer afl) items pre ia"51) seli e!!'es a~t ef esera'. IE a lieenseel real esl!ate areller, Allefll! ill eaHlpl) it" pra.isiafls af 8hapter 175, ..S. , as amef!aeeL ."'.n} 5l:1i~ Bet.reeF!. 131:1)&:[ aRa fS:elle.E' \.ReFe ."'.ljef'l~ is Jftaae a paFt) eeeal:1se:: sf aetiFl!j as l\gent p.e:rElif'laer, SF iA aft) Sl:1it .lheEe.iR .".~e.Fl.t iAte.:qsleaels tfie s\:lsjeet matteI' sf t.he BeBEau, }i.~eRt shall Eeee.EF .l'easeRal31e at.t6I'fle~51 fees aRa east.a iAe~rEea \lith tREse ame~RtB ~e Be paiel fFSffi aRa 6Ht sf tae eSBEe.eel fHAas SF eq~i.ale~t aRa ekaI'~ea ails a.areles as ee~rt eeets in fa.ar aE t"e pre.aili"!J part). The ~!Jeflt shall "al! ae liae1e te afl) part) al!' perssn fsl!' HliselelLer) ts B,,)er al.' Saller af itema saajeet te this essra.., anless s~sh HliselelLer) is s~e te .i11f~1 areash af Centrast ar !Jraas fle!Jli!Je"ee af A!Jent. R. ATTORNEY FEES; COS~S: In any litigation, including breach, enforcement or interpretation, ar~s~ng 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. ~LORB or ~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 BOCND; NOTZCE: 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 conteined 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. ~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 ~HIITJ ITIlJJ~T= ~~ i~ :: =i~~RR~~IR~~'--~~~ ~I :=~ ~.~ STATION - _ t:l~ AMOCO NO. 1 ATLANTIC [ITIllllIIJ]~ - - c-- f-- f-- f-- f-- f-- I-- 1ST I-- I I-- - I-- I-- I-- I--j! 1--110 I-- I-- - .- "- -- -- -,-- -f-- -- -- -- fE- f--fE I'- <.0 I-- ~ -I III I-- ~ mE mr Jill :.ITIJJJ ~rn1JJ ~ lutE lilllill ':- rrfill [I]]] ~ == = vi-- - - ....., - - C III I - - III II N - CITY OF DELRA Y BEACH, FL PLANNING ole ZONING DEPARTMENT -- DIGITAL BASE MAP SYSTEM -- CDJJ 1 I OJ - - - - - - - - f--- I--- I--- ~ ~[]] - - z_ w- >- - <(- ~ COMMUNITY CENTER TENNIS STADIUM [ill] AVENUE 1 ~ Ulli - POLICE COMPLEX SOU TH COUNTY COURT HOUSE - - ~- <( w > <( ~ <( r-- ST. ~ III 11 II f---- ~ > <( - f--- f-- :r: :r: I- ~- - II It) - - 0 II z - N ll' \ II Ij~ II ~ ...... _SL- - - -r ,J,\ "f1 - - - - c- - - f-- - f-- - - f-- - ~ vi w > <( - >-' (/J DTIIJ II I - - ~ ~ ~ vi vi vi - I T I --~ f-- --vi -- ST. - U I II I MERRITT - - PARK - - ~-- - - - vi r- - - f---- - - f---- - f--- - - - -- 1== II I - _f-- - LOCATION MAP PROPERTY TO BE TRANSFERED TO THE DELRAY BEACH COMMUNITY LAND TRUST, INC. - c SO SOL '--- - - - - - - - - f----- f----- zf----- Of----- l- f----- Z '---- - - ~- - - _(f)_ - - - - - - - - r--- PCN: 12-43-46-17-07-038-0010 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: Lot 1, Block 38, Resubdivision of South Half (1/2) of Block 38 and Subdivision of North Half (1/2) of Block 39, Town of Linton, according to the map or plat thereof as recorded in Plat Book 11, Pagers) 34, Public Records of Palm Beach County, Florida Property Control No. 12-43-46-17-07-038-0010 (b) Street address, city, zip, of the Property is: S. W. 2nd Street, Delray Beach, Florida 33444 II. PURCHASE PRICE $ J.O.OO 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 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 1 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 prOV1Slons, 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 X 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: ~orJ 12. ~, <( { 0<- Date L€: V),JS DiJ Date Print Name: Tax ID No. Tax ID No. 20 - Y (<4 (... 3. S- '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: S.W. 2nd Street, Delray Beach, Florida XI. SPECIAL CLAUSES; ADDENDA (Continued): A. FOREIGN INVESTMENT IN REAL PROPERTY TAX ACT (nFIRPTAn): 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 I 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 te customary in the county. Upon closing of this Contract, the abstract shall become the property of Buyer, subject LO the right of retention thereof by first mortgagee until fully paid. (2) A title insurance commitment issued by a rlorida 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 rlorida 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 defectis) , 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. PURCIIl\SB IfQNBY IfDR.'1'GlISE1 SSGmU:!'Y ~_ 'l'Q SSLLBR. 1\ JltlreAaSe HleAe} Hle..t\'ja\'je ana mert\'ja\'je nate ta l:e11e.. ahall Jl..a.iae fe.. a 39 aa} \'j..aee Jle..iea iR the e.eRt ef aefa~lt if a firet Hlert\'ja\'je ana a IS aa) \'j..aee Jle..iaa if seeeRa e.. leseer Hlart\'ja\'jel ahall Jlra iae fa.. ..i\'jht ef JlreJlaymeAt iR 'Aale er iA Jlart .,itha~t JleRalt)s shall Jle..mit aeeele..atieR iA e. eAt af t..ansfe.. af tAe Real r..eJlert), shall ..eEfliire all Jlrier lieA aAa eRS~mB..anses te ae ),eJlt iR \'jees staRsiR\'j aAa fe..aia HlesifieatieAB af er ftlttlre as.aAsee tlAaer Jlriar mert\'ja\'je(s)s shall re~~i..e BtI)e.. ta maiRtaiA ~elieiea sf iflBHEaflse ceAtaiRifi~ a stanaara ffiert~a~ce elause ee~eFin~ all i~E8.effient6 laeatca SR the Real r:repcEt) a13aiRSlt fiLe ana all perils iReludca ..itfiiR thE:. term "enteRseB e8~era~e ef'LB8l"SE.ffteRts" aRe. sueR etflCE' ris];3 ans ~erils as Seller ma) reasaAaal) reqtlire, in aR amatlnt e~~al ta their hi\'jhest instl..aele altles ana the Hla..t\'ja\'je, Rate aRa seearit} a\'jreeHlent shall ae ather.ise iA farm aRa eanteRt reqtlires a) Selle.., a~t Seller ma) SRI) re~tli..e cla~ses e~atemaEil) fauna iR ffi6:rt~agcs, mert~a~e Retes, aRa 5ee~EitJ a~reeffieAt5 ~eReEal1J ~tiliEca 6) sa.in~ afld laa~ iRstitHtiens er state er AatiaAal aanl,s leeates iR the eeHRt) hereiR ~eal PraJOert) is laeates. ~ll PerseRsl Pra~e..t) aAs leases aeiR\'j een.eyea ar aasi\'jAea ill, at Celle..'a e~tien, ae s~ajeet ta tRe lieA ef a see~..it) a'!l..eement e. iaeneea a} reeeraea fiAaReiR'!l statemeRts. I f a aalleeA mert\'ja\'je, the fiAal l'a)'II\eRt ;ill eHeees tfle ~e..iasie JlaymeRts the..ean. 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. 'l'BlIIsns. B~}e.., at BH~er's e"JOense, itaiA time alIa. ea ts selLer e.iseAee ef title aRa te e"amiAe same, ms) ha.e Real Pre~e..t} iAs~eetea a) a rlerisa Certifies Pest Central ~erate.. ("~eratar"l ta aeteEffiine if there is a~) .isiale aeti e termite iRfestatieR ar isiale eHistiA\'j aama\'je f..affi termite infestatisR iR the PreJOe..t). If eithe.. e.. Iesth are feHRa, B~)er ill ha.e 1 ela)s fram sate ef ,ritteA Aetiae thereef . itAiA 'flieh ta ha.e eest af t..eatmeAt, if re~tlirea. estimates Is} the O~eratar aRs all aame\'je iRs~eetea aRs estimatea ley a lieeAsBs a~ilaer er \'jeReral esntraeter. Seller shall Jla} .alis eests ef treatment ans rel'air sf all aams\'je ~~ te the ameHAt Jlre.iaea iR Pa..a\'jra~h (a). If estimates eests e"eees that ameaRt, B~ie.. shall ha.e the aJOtieR af eaAeeliR'!l this CeRtraet ,~S sais after reeeiJOt ef eaRtraeta..'s reJOair eatimate Is) \'ji.iR\'j ritten Retiee tel:elle.. a.. B~)e.. Hla) eleet ta ~..seees ..ita the t..aRsaetieA, aAa ..eeei e a eresit at elesiR\'j eA tRe ametlAt Jlre. iaes iR Para\'jraph (al. "Termitee" shall ae aeemes te inelHse all leaa sest..e)iR\'j ar\'janisms re~~ires te ae ..eJlsrtea ~naer th_ rrerIaa Pest CeRtrel ~et, as ameRses. 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. ~BSI &eller sAall, Ret less thaA IS sais Ieefere elesiA\'j. ftlrnieh te BH}er ea~ies af all ritteR leases aAa e5tep~el letters fre~ ease teBeRt s~eeif}iA! the natare aRa BHEatisR af the teRaRt's eeeHpaRS), Featsl rates, as.aAees ..eAt aRa see~rity aeJOesits ~ais a} tenaRt. If Seller is tlnaale te eataiA saeh letter frem eaeh teRaRt, the same iAfermstiaR shall ae f~rnishes a) l:e11er te BH)er ..ithiA that tiHle Jleries in the ferHl ef a l:elle"'5 affiela.it, aRa BH)e.. may the..eafter eaRtaet tenaAts te eaRfiEIR S~eft iRfeFRlatieR. l:ellc.. shall. at BlesiR\'j, aeli.er aRS assi'!lA all sri\'jinal leases te BH)e... 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. 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. TIME; 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. Time is of the essence in this Contract. 5 J. DOCtlMENTS FOR CLOSING: 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 cor recti ve instruments shall be paid by Seller. Documentary stamps and intangible tax on the purchase money mortgage and any mortgage assumed, and recording cf 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 availabl~ 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 ASSESSMENT LIENS: 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. 11, INSPEC'l'IeN, N!:PAm ANn !~'CB. Seller \larrallts that, as ef III ela}s l'rier te eleein~, the eeilill~, reef (inell,elill~ the faseia anel seffits) allel elCterier aReI illterier ..aIls, fe~nelatiell, sea./alls (er eEl~i alellt) anel eleeJea~e ele lIet ha.e aR} VISIB~E E"I9EIJCE ef leales, ater elama~e er stn'et~ral elama~e aReI taat the sel'tie tanh, l'eel, all al'l'lianees, meehaAieal items, loeatin~, eeelip,~, eleetrieal, l'lamBin~ systems aAeI maeloiller} are iA IlORKIIIC Cffil9ITI9N. The fere~eiA~ rarraAty saall Be limiteel te tRe items sl'eeifieel ~Aless ether ise l're.ieleel iA all aelelellelwm. B~}er may, at B~ler's e"l'ense, ha.e insl'eetieAs maele ef these items B) a fiEm er ineli.ielual sl'eeiali2ill~ ill hemE illsl'eetiells allel helelill~ all eeeul'atieRal lieellse fer s~eh l'~rl'ese (if re~ireel) er B} all al'l'rel'riatel) lieellseel Fleriela eentraeter. Bu}er saall, l'rier te Bu)er's eeeul'slIe) er net less than III aals l'rier te elesill", hieae.er eeeurs first, rel'ert iA "ritill" te Seller sueh items that ele lIet meet the aloe e staRearels as te elefeets. 9nless B~}er timel) rel'erts sueR aefeets, Buyer shall Be aeemeel te ha.e ai eel Seller's ..aErallties as te elefeets nst rel'erteel. If rel'aiEs ar rel'laeeffiellt are reElUiEeel te eeRll'll ,ith this StallaaEeI, Seller shall eause the~ te Be maele anel saall l'a) "l' te the affieunt lIre ieleel in PaEa"ral'h (B). Seller is net Ee'l"ireel te malte rel'aLca er rel'laeemellts ef a easffietie nature "nless eausea a) a elefeetlSeller is resl'ensible ta rel'air er rel'laee. If the eeet ef sueh Eel'air er rel'laeement eHeeeas the amstlllt l'rs. ieleel in Para"ral'h (BI, Bu) eE aE Seller ffiaj eleet ta l'aj such eneess, failin" ..hieR either l'art) ffia} eaneel this Centraet. If seITer is unaBle te esrreet tRe elefeets l'rier te elesin", the eest theEeaf shall Be l'aiel inte esere at elesill". Celler shall, ul'eR reasenaBle netiee, l'Ee"iele "tilities seLiee aReI aeeess te the Pral'ert) far insl'eetiells, illel..elin~ a aIle thEeu"h l'riar te elesin~, te eellfirm that all items ef Persellal Prel'ert) are ell the Real Prel'ert) aReI, eu19jeet te the fere~eill", taat all re,uireel rel'airs allel rel'laeements ha.e aeen maele anel that the Prel'ert}, ineluaill" B~t net limitea te, la"n, sRrUBeer) anel l'eel, if any, has BeeR maintaineel in the eenelitien euistin" as ef Effecti.e Date, erelinar} ear a~e tear aHee~teel. G, nISK SF LeSS, If the Prel'ert} is ~ama~eel B) fire er ether easualt) Befere elesill" aRa eest ef resteEatiell eleea fiet eueeeel 3' ef tae assesseel .aluatieR ef the Prsl'ert) se elama"eel, eest ef resteratien shall ae an eali~atian sf the Seller aReI elesin~ sliall l'reeeeel l'ursuallt te the teEmS ef CeAtraet "ita resteratieR eeats esere~eel at elesin~. If the eest ef resteEatieR eHeeeels 3' ef tae assesaeel .al..atiell ef the iRll're.emente se aama~ea, B~}er shall aa.e tRe el'tieR ef either talciR~ Prel'ert} as is, ts"ether ~ith eitlier the 3' er an} insursRee l'reeeees l'a)aBle a) irtue ef eueh less er aaffia~e, eE ef eaneeliR~ Centcaet allel reeei,in~ ceturll ef elel'eeit(s). P. PROCEEDS or SALE; CLOSING PROCEDURE: The deed shall be recorded upon clearance of funds. If an abstract of title has been furnished, evidence of title shall be continued at Buyer's expense to show title in Buyer, without any encumbrances or change which would render Seller's title unmarketable from the date of the last evidence. All closing proceeds shall be held in escrow by 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. Q. ESCiISW. 1'dI) esereu a~eRt (.~.l Eeeei.iR!j' f""as er eEllii alellt is autherieeel anel a"reea aj aeeel'taRee sf tAeM te ~epesit tRe~ ~Iemptly, flsla saffiE iR easrs aHa, s~ejeet te elearaRse, aiae~Fse ~hCffi in aseeFaa~ee \ith terms ana C6Aaitieas af CSRtyaet. failwFE af elearaRce af fURaS 5Ra11 flet BUSHse BUiCE'S ~ErfeEffiaflee. If ifl saHEt as ta ~~eRt's auties BE liabilities aaaer the prs.iaisfls af Centraet, A~ent Ma), at ~geRt'3 eptisfl, 8sAtiAHE te Relel the subjeet ffiattar ef the esere "Rtil the l'arties hecete a"cee te its aisb..rsemeRt, er until a jua!j'ment ef a eeurt ef eeml'etellt j"risaietieR shall eleteEmiRe the ri"hta ef the l'arties er ~!j'ellt ma) elel'Bsit ith the elecll sf the eireuit ee"rt ha.ill" j"Eiselietien ef the e1isl'ute. Yl'en lIetif)ill" all l'aEtiee eeR6ecneel ef s~eR aetien, all 6 liaeilit) eR the pa"t ef P~e"t shall f..ll) te"minate, eHeept te the eHtent ef aeee"RtiR~ fe" aR) items p"e ie"slJ e!eli.e"ea e..t ef eseEe". If a lieeRgee! Eeal estate eEel<6E, ,"~e"t ill eemplJ \ ith pEe.i9ie"s ef ChapteE 173, LE:. , as a..e"aea. A..) s..it eet eeR B,,) eE aRa !:elle" ..heEe .'\~eRt is msae a paEt) ee5a"se sf a5tiR~ ss i\~5I'1t heEe~Re!e", er iR aR) s"it ..heEeiR ~~e"t iRteEplesae the e~ejeet matteE sf the eeeES\, A~eAt ehall Eeee.eE reasenaele atte"Ae)S' fees aRa eeste iR5"E"ea ith these ame"Rts ts ee paia fEe.. aAa e~t ef the egeEe ea f"Aas eE e~~i aleRt aRe! ehaE~EeI aReI a..aEeleel as ee"Et eeste iR fa.eE ef the pEe.ailiR~ partJ. The n~e"t shall Ret ae liaele ts SR) paEt) sr peEseR feE mieeleli.eE) te B,,)eE eE Celler ef itellls e~ejeet te this eeeEe\', "RIess s"eh llIisaeli eE) is eI~e te .illf..l BEeaeh ef CeRt"aet eE ~Iees Re~li~e"ee ef i\~ent. R. ATTORNEY FEES; COSTS: In any litigation, including breach, enforcement or interpretation, ar1s1ng 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 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(sl 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 Contra=t, 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 ~.[[[[] []I] e_STe-- U~ ~iB''-----' ~'H~~i~~~~~ -~E ~ ;:: t=1 ~//;E :i - :il~ r= :i ~ '= STA nON - ~ n=nm ~ :=[ _ L-- Ll= AMOCO NO. 1 A T L I rnIIllIillJ ANT I C - I--L-- - - - - - - - - == 1ST - I - - - - - - LJ-- Fe fo-~ - f--- <<: f--- r- I--- -iE -10 - - ;:!:I--- _ I I'- >- --'" -- II ~ - I \ I I I rTlF - 2ND = mE ~~ ;:nIIIJ = = ,= =, ~ [ll1JJ vi UJ Emffiffi III III ~ rrillJ OJ]] ~ f--- ~ - - \ I--- f- - ...... ...... - - - - - r--- - C 11 I - - f--- I--- f--- I------ f--- III I - N - CITY Of DELRA Y BEACH. fL PLANNING &. ZONING DEPARTMENT - - DIGITAL BASE MAP SYSTEM -- TENNIS STADIUM lllli - AVENUE POLICE COMPLEX >---- w > <<: ~ <<: f-- - f--- f-- - f--- f-- - I--- - - - - - ST. 11-_w --~ = 1=== - - I >- If) I >- ~ ~--1= Ul ~ ---r- "U ,,(1 - - - rr IT i I I--- I--- I I \ I I ~ vi - II f==: II I SOUTH COUNTY COURT HOUSE o -~ - L-_ _5L-- fo-- I--- f--- I--- f--- I--- I--- ~ - I--- UJ - I--- - I--- -- -- f--- - 3i vi ST. MERRITT PARK - 3i COMMUNITY CEN TER OJ]] C SCI SQI - OIJ] 1 I ill - ~ I-- I-- I-- I--- I-- I-- I-- I--- '---- ~[[[ II[ - ~[[[ - - z_ w- >- - <(- w > <<: - ,....: UJ DJI[]~ II I r- I-- '---- - - - - - -- - -- - ~i-- I--- Z I-- vi 0 I-- l- I-- Z L.-- - - - .--- .-- r-- ~I-- I--- I---- _ - I--- I----{f)_ ~ - I---- - I--- - - - I-- - - - I-- - - - ~ I--- f--- f--- I--- f--- LOCATION MAP PROPERTY TO BE TRANSFERED TO THE DELRAY BEACH COMMUNITY LAND TRUST, INC. PCN: 12-~3-~6-17-07-038-0010 Writer's Direct Line: 561/243-7090 MEMORANDUM DATE: June 8, 2006 TO: City Commission David T. Harden, City Manager FROM: Terrill Barton, Assistant City Attorney SUBJECT: Authorization to Transfer Property Located on S.W. 2nd Street to the Delray Beach Community Land Trust, Inc. PCN: 12-43-46-17-07-038-0010 Attached to this memorandum please find Resolution No. 31-06, 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 \O~ ~ RESOLUTION NO. 31-06 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRA Y BEACH, FLORIDA, AUTHORIZING THE CITY TO TRANSFER/SELL REAL PROPERTY IN THE CITY OF DELRA Y BEACH WHICH PROPERTY IS LOCATED AT S.W. 2ND STREET, AS MORE PARTICULARLY DESCRIBED HEREIN, TO THE DELRA Y BEACH COMMUNITY 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 S.W. 2nd Street 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 CITY COMMISSION OF THE CITY OF DELRA Y BEACH, FLORIDA, AS FOLLOWS: Section 1. That the City Commission of the City of Delray Beach, Florida, as Seller, hereby agrees to transfer/sell Lot 1, Block 38, resubdivision of south half (1/2) of Block 38 and subdivision of north half (1/2) of Block 39, Town of Linton, according to the map or plat thereof as recorded in Plat Book 11, Page(s) 34, 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: Lot 1, Block 38, Resubdivision of South Half (1/2) of Block 38 and Subdivision of North Half (1/2) of Block 39, Town of Linton, according to the map or plat thereof as recorded in Plat Book 11, Pagers) 34, Public Records of Palm Beach County, Florida Property Control No. 12-43-46-17-07-038-0010 (b) Street address, city, zip, of the Property is: S. W. 2nd Street, 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 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 1 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. CITY OF DELRAY BEACH DE COMMUNITY LAND TRUST, INC. Date ~(),J 12. w ~ 10<- Date L~ VI ~S 0;) By: By: Print Name: Tax ID No. 20 - Y I ~ G.. '> S- '2- Tax ID No. 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: S.W. 2nd Street, 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: (l)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 te customary in the county. Upon closing of this Contract, the abstract shall become the property of Buyer, subject LO 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. l'URGBll.SB I~ IIeRI'GIISB, SBSURZR.Mll:\BI!aIBN'1' 'l'Q SBu.ER, A I'~reliase lftaRe) Iftert~a~e ana Iftart~a~e nete ta Seller ahall ~re.iae far a 39 aa) ~raee I'eriaa iR tlie e eRt ef aefa~lt if a first Iftert~a~e aRa a 1. aa) ~raee !leriea if SeeaRa ar leaser mart~a~e/ shall I'ra.iae fer ri~ht af I're~aYffieRt iR ,hela sr iR I'art .itheut l'eRslt)I shslll'ermit aeeeleratiaR iR e eRe et traRsfer af the Ileal Prel'ertl/ alisll reEJ1iire all !lriar lieR aReI eRe.....ersRees ta ae j,el't iA ~aaa stsRain~ aRa faraia Iftaaifisatians sf sr future aa aRses ~Raer prier ..ert~a~e(s)1 shall re~~ire Bu)ar te ..aiRtaiR I'alisias sf iRa~raRse sSRtaiRiR~ a staRaara mert~a~ee slause as erin~ all im!lre.e..eRts leeatea eA the Ileal rrsl'ert) a~ainst fire aRa all perils iReluelea itliiR tlie term "e"teAaea es.era~e enaersemeflts" ana sueh ether risl:s ana perils as Seller Ifta) reaseRaal) re~uire, in aA affie~At e~ual te tReir hi~Rest iRsuraele .aluel ana the Iftert~a~e, Aete ana seeurit) a~reement shall ae etHer ise iR feEm aRa eenteRt re~uirea a) Cellerl eut Eeller ma) SRI) re~uire ela~ses eusteffiarill fa~Ra iA ffisrt~a~es, ffisrt~a~e natas, aRa see~rit) a~reelfteAts ~eAerall) utilieea S) sa iA~ aAa laaR iAstitutiens er state er Astienal saRks laeatea iA tlie ee~At) hereiA Ileal Pral'ert) is lecatee. All PerseAsl Prel'artl aRa leases aeiR~ eaA.elea ar assi~Aeel rill, at Seller's al'tieA, se selbjeet te the lieR af a seeurit) a~reelfteAt e.ie!eAeee! b) reearaea fiRaneiA~ state..eRts. If a sallaeA mert~a~e, the fiRsl I'a)lftent ill elEeeea tRe !leriaeie !lsymenta thereaA. 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. S. RiIIG:gs. B~)er, at B\;)er's e"l'eRse, ..itliiR tiffie aIle. ea te eeli er e iaeRee ef title aAa te enamiRe salfte, ..a) ha.e Real Prel'ert) iAs!leetea S) a Fleriaa Gertifiea Pest CaRe"el Operater ("Operater") ta eleteEfline if there is aF) .isisle aeti.e termite iRfeatatiaR ar . isisle el!istiR~ aaffi~~e fra.. termite iAfeststien in the rra~ert). If either er satH are fa"Ra, B\;)er till Ba.e 1 aals fralft eate ef ritteR Aetiee taereef ithiA ..aieh te lla e eest of treatlftent, it re~~iree, estimatea S) tae Operata" aRel all elama~e insl'eetea aRe estimatea S) a lieeReee Builder er ~eAeral eentraetar. Seller saall I'S) aliel essts ef treatment aRa rel'sir af all earea~e ~I' te the Sffie~At !lre.ieeel iR Para~"aI'H (al. If eetimstee easts e"seea that amaunt, Bel)er shall lia e the e!ltiaA af eaAeeliA~ this Csntrast ~. aa)s after reeeil't ef eaRtraetar's repair eetiffiate a) ~i.iA~ ritten netiee ta Eeller ar Bu)er ..a) eleet te I'reeeea ritli the traRsaetieR, aRa reeei e a ereait at elaeiA~ eA tae ame\;At !lre ieee iA Para~raFll Is). "Te,,~tes" shall se aeeffiea ts insluae all ,eee aeetra)iR~ ar~aAie..e re~"irea te se re!lertee \;Aeler tll_ rIeiIaa Pese GeRtral het, as smeneleel. 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. LBASBS. Seller SHall, net less tHSR 1. aa)S sefers elssin~, f~"AisH te Bu)er eal'ies af all _ritteA leases aAel este~pel letteEB fEsm eaea teRaRt s~eeif}iRg the Rature aRa aH~a~iBn sf tAB te~a~tIB eee~~aAe)f EeAta! Eates, ael aReea rent aRa see"ri t) ae~esits I'aiel S) taRaRL. If Seller is \;Aasle te eetaiA e~ea letter frelft esea teAaAt, tt,e same iRfaEmatieA shall se furAieHeel S) Seller ta B\;) er ..ithiA tHat time I'eriae iA n.e ferffi af a EEl leE . e affiea it , aRa B~)er mal taereaftsr eentaet tenaAts te eaRfiEm eueh iAfeFffiatieR. Seller shall, at clasin~, eeli.er aRe assi~A all eri~iAal leases ta B~)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 addi tion 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. TIME: 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. Time is of the essence in this Contract. 5 J. DoctlMEN'rS FOR CLOS:rNG: 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. PRORA7:rONS; 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 e,f 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 availabl~ exemptions. Any tax proration based on an estimate shall, at request of either party, be readjusted upon receipt wf tax bill on condition that a statement to that effect is signed at closing. M. SPECIAL ASSESSMENT L:rENS: 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. II. :rnSPBS'I.'IaH, IIBPAZR Mm I~. !leller ..arEaAts tlolat, as ef Ie e!a)s J!lEieE te elesiA~, tlole eeiliA~, Eeef (illel ~e!iA~ the faeeia aAe! seffi ts) aAe! e"terieE aAe! iflteEieE ..alls, feaAe!atieA, sea..alls leE e,,!"ui ';aleAt) aflel e!ee]'a~e e!e Ret Aa e aA) "I8IBI.E E'lIEJENCE ef leaks, /ateE e!ama~e eE str"etaEal ela"'3!!e ane! that the se!ltie tafllt, !leel, all a!lJ!llianees, ",ee"aRieal items, heat ill!!, eeeliA~, eleet~ieal, !llumeifl~ e)stems aAe! maehiner) are iA WOnKIllC COIlEJITIOll. The fere~eiA!! ...arraJ'lty shall Be limitee! te the ite",s s!leeifieel ~Alees ether...ise !lre.ieleEl iA aA aelElefle!"m. BaieE ",ai, at B~ier's e"!leAse, ha e iAs!leetieRs ",eele ef these items Bi a fir", er inai.iaual s!leeialiBiA~ in loleme iReJ!leetieRs aReI helaiA~ an eee~J!latieRal lieeAee fer saeh !lar!lese (if re"!"airea) er bi aR ap!lre!lriateli lieensee! rleriEla eeRtraeter. EUier shall, J!lrisr te B~ier's eeeU!laRe} er Aet less than Ie e!a}s !lrier ts elesiA~, hiehe.er eeeUES fiEst, reJ!lert iR ..ritiR~ te !leller saeh items that els Ret meet the aBe.s staRe!arels as te elefeets. Unless BUier timel} re!lerts sueh Elefeets, Ba}eE shall Be eleemeel te ha e ffii eel Seller's ..arraRties as te e!efeets Aet reJ!lertee!. If re!lairs er re!llaeemeRt are re,,!"~iree! te ee~li ..ith this 8tanaare!, Seller shall cause them te Be mae!e aAa ehall !la) ~!l te the ","e~At !lre ieleel iA Para~..a!lfl IB). !lelle.. is net re'l:~ireel te mal,e re!lairs er re!llaeemeAts ef a eesmetie nature "Aless eaaeee! 5) a e!ef~elle.. ie ree!lensible te re!lair er re!llaee. If tfie eest ef sueh re!lair eE re!llacemeAt eneeee!e the ame~At !lre.iaee! in Para~ra!lh (B), Bu)er sr Seller ma) elect te ~ai eueR eneess, failin~ .hieh either !lart} mal eaRsel thie CeAtraet. If seITer is unaBle te eerreet tRe elefeets !lrier te elesiR~, the eest thereef shall Be !laie! iRte esers at eleein~. !leller sRall, ~!leR reasenaBle Aetiee, !lre iae utilitiee eer.iee aAe! aeeess te the Pre!lert) fsr iAs!leetieAs, iflelae!iA~ a all< threu~R !lrier te elesiR~, te eeAfirm that all items ef PerseAal Pre!lert) are en the Real Pre~ert) aAe!, sUBjeet te tAe fe~e~eiA~, that all re,,!"airee! re!laire aRe! re!llaeements ha e BeeR maele aRe! tRat the Pre!lert), inel~e!iR~ B~t Ret limitee! te, la fl, sAruBBeri aRe! J!leel, if an}, has beeR maiRtaiAeel iA the eene!itieA enietiR~ as sf Effeeti e Bate, ere!iRari ear aFa tea~ ..neeJ!ltee!. e. RIS~ GF LSSS. If the Pre!lerti is e!","a~ee! B) fi..e er ether easaalt) Befere eleeiA~ aRe! eest ef reste~atien elees "et enseee! 3t ef the aeseseee! .al~atien sf the Pre!lert) ee elama~ee!, eest ef ~esteratieR sRall Be an es1i~atieA ef the Selle.. aAe! eleeiA~ shall !lreeeee! !l"rSuaRt te tfie terms sf Cent~aet .ith reeteratieA eests esere/ee! at elesiA~. If the eest ef ..eeteratieR eneeee!e 3i ef the assessee! .alaatieR ef the im!l~e.emeAte se e!a"'e~ee!, EUier sRall he e tfie e!ltieR ef either tal<iA~ Pre!lerti ae ie, te!l'ethe~ ..itlol either the 3i sr aAi iRs~ranee preeeee!e !la)able Bi irtue ef sueh lese e~ elama~e, er ef eaReelin~ CeAtraet ane! ~eeei.iR~ ret~rR ef e!e!lseitls). P. PROCEEDS or SALE; CLOS:rNG 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. Q. SSSRQW. Ani esere a~eRt (.~.) reeei.in~ f~Re!s s.. e'l:ai aleAt is autheFieee! aRe! a~reee Si aeee!ltaAee ef the", te eeJ!lesit them !l~eM!'tl), lolele! same iR ese..e aRe!, s~ejeet te elearaflee, e!isB~rse the", in aeeeraaRee ith terme aRe! eeAe!itiene af CeRtraet. Failure sf elearanee ef f~Ae!s shall Ret eneuse Bu)er'e !lerfermanee. If iR eleust aa te ~~eAt's a~ties BE liabilities URaer the pre isises sf CSRtraet, A~eAt ma), at ~~eflt'9 6~tiBfi, e6Rtifl~e te helel the sUBjeet matter ef the eeeFe.. uRtil the !larties herete a~ree te ite e!isBu..se",eRt, er uRtil a jue!~meRt ef a eeurt ef eem!leteAt j ~rieaietieA shall aetermiJ'le the ri~hts af tRe !larties er A~ent Iflai ele!lesi t 'i th tRe elerl, ef the eire~it ee~rt ha iR~ jariee!ietien ef the e!is!l~te. g!len Aetif)iA~ all !lartiee eeAeerAea ef eaeh aetien, all 6 liaeiliE) eR tile I'a"t ef A!jeRE shall f~ll) terHliRate, eHeel't te the eHteRt ef asee"RtiR!j fer aR) items I're.is"sl) eeli erea s~t sf esere . If a lieensea real estate ersker, "!jent ill seml'l) ith I're/isisns af Cllal'ter 175, F.8., as aHlenaea. An) s~it eet.eeR B,,)ar aRa 8eller here ~!jeRt is maae a part) eeea~se ef aetiR!j as ~!jeRt lIere"Raer, er in aR) s"it .'AereiR ,'.!jent iRterl'laaas tile s~ejeet matter ef the eee"e.., )\!jeflt shall reee.er raaser.al31e atterRe)S' feae aRa aests iReHrrea ith tllese aHle"Rts te l3e paia f!<EllR aREI e~t ef the eserenaa f~Rae er aEj"i.aleRt ana eAar!jea aRa a.araea as ee~rt eests iR fa.er af the pre.ailin!j part). The ~!jeRt shall Rat Be lia131e te aR) I'art) er l'erseR fer misaeli er) te B~)er er 8eller ef items e~ejeet te this eee"e., ~flles" ""ell misaeliHer) is a~e te illf"l ereaeh ef Cent"aet er !jres" fle!jli!jeRee ef A!jeflt. R. ATTORNEY FEES; COSTS: In any litigation, including breach, enforcement or interpretation, ar1s1ng 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 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 Is) paid by Buyer and deposit(sl 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 Contra=t, 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 BOCND; NOTXCB: 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. WARRANTXES: 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 --' ST. ~ [[[[] OJI] . ~ L~ - =1R~FlR~ --.-.~~. =I~ =tj ~.~ S;,;%;Z= ~_Zf~Z AMOCO NO.1 A T L I ITIIIJJIIill ANT I C I - - - - - - - - - - - 1ST - I - - - - - -j!: -IX) - - I---- f---- f---- - I f- " I---- -I f- eD - = r- I II \ - ~ tmE 1TlT]IT :[IIITI ~ill1JJ ~ lHEJ lill illL r:- [[[H]J] ~ == = ui-- -- i i f--l--- ~ TENNIS STADIUM AVENUE POLICE COMPLEX w > <( ST. I I I---- I f- .... ~ COMMUNITY CEN TER om - o Set SOl - OJ]] 1 I rn - - - - - - - - - SOUTH COUNTY COURT HOUSE w > <( -- o -~ rrll~_== -,-._s~ .~.r1 == == - I---- - . f---- - ~ I---- - (f) I---- - f---- - I---- - I---- ,-------- f---- I---- ~ I---- f-- ui '-- Sr.-- ~ ~~~ ui (f) i - ~ I f---- rr I II II I - - ~ f---- ui - - f---- ~ -~~ .-~ '--- fo:: I----- ~ ~ - ~<('--- f-- - ~ ........ - - ,--- - - IIII III III I N - CITY OF OELRA Y BEACH, FL PLANNING'" ZONING DEPARTMENT -- DIGITAL BASE MAP SYSTEM -- - w > <( r- - f----- - ~ - - - I II f- ll) " llF 'i 'r- ,--- I----- - ---,- ~- ~- ~ - - - - II - f---- II I - I---- ~ OJ ,------- r-- Z c--- W I--- >1--- I--- <( c-- ~ III III w > <( I---- ,....: (f) ITIIIJ- II I - - f---- f---- L- - - - - - - - Z_ 0_ I- - z - - ~- 1Jl- - i MERRITT PARK ---1 ~ - - - - - - - - - - - ~ ui LOCATION MAP PROPERTY TO BE TRANSFERED TO THE DELRAY BEACH COMMUNITY LAND TRUST, INC. - - - - r-- '-- f--- f--- PCN: 12-43-46-17-07-038-0010 (!,. C!. 28 Boca AatonlDelray Beach News - Monday, June 26, 2006 . www.bocanews.com D \/0 \p ~' 100 ANNOUNCBIENTS 10] L<>l!ill \l)tiCfS NCIIlCE of INTENT TO 11WISfERISElL REAL PROPERTY NOTIce IS HEREBY GIVEN Ihal the City of Delray Beach. Florida, an- nounces: ils intention to- transter/sell cert_ain real properties for affordabll3 housing puposes a's part of the C<:m. . munity Land Trust. .more'parlicular'~' desa;bed astollows: lot 1, 81oct< 38, Sub<<i',lision of South Halt (112) of Block 38 and SUbdi\liSion 01_ North Half (1/2) 01 Bro<:k 39, Tl?wn of Linton, according to the map or pial ther&of as recorded In Plat Book 11, Page 34, Publi<: Record.s of Palm . Beach County, Aorit:ia. lol 11. 8!ock B. TOlXisl NoOk. accord. ing to thil map or plat thef'eof as reo corda<110 Pial Book 11, Page 47, F\Jb. lie Records of Palm Beach County: Florida. lot 13. Block 21, Atlantic Gardens, ac- cording to the map or pat thereof as recorded In Plat Book 14, Page 56, Public Records 01 Palm Beach County. Aorida. Lol 23, Carver, Square. according to the map or plat Ihereol as .recorded ~ Plat Bo_o" ::!.4.page 11, Public Records of Palm Beach Countv. Flori- da lot 54, Sunsat Pa/1(, _aceording to the map or plat thereof as reo:orded 1'1 Plat Book 12; Page 65, Publle Records of Palm Beach County, Florba. Lot 55, Sunset PaJ1c:. according 10 the map or plat thereof as flteorded il Plat Book 12, Page 65, Public Records 01 Palm Beach CoIKIt\r. Fklrida The South 40 teel of Ihe North 254 feet 01 the Easl.l35 teet 01 Ellook 31, Map ot Ihe Town of Linlon, Florida, according to Ih. map or pla,l then~ol recorded in Pial Book I. Pagt 3 of the Publk: Records 01 Palm Beach County. AOf'kla. Tilt above being Ihe rul prop.rty described under Tax Certificate 1t6SlJ, in the Tax Deed re- corded In Official Aeeord Book 11 980, Page 1590, Public RecordS of Palm Bea:h County, Florida Other terms 01 lhe Iransferlsaleare contained In the ContriCts hll Sale and Purchase between Ihe en., and the Community LaM Trust. Resolu- tions ollhe etv Commission author- iZing the transter/sale of real proper. ties incorporating the terms and con- ditions thereof WIll be consklet:ed at a public hearing to .e held on ..lJ1y 11, 2006 at 7:00 p.m. at City Hall, 100 NW, 1st Avenue. Dekay Beacn, Flor. k1a CITY OF DELRAY BEACH, flORIDA By, Chevelle D. Nubh atyClern Publish The- Boca Aat~n1D6Iray Beach NttNS . MOOda): Jule 19.2006 Mood3'/. JU1e26. 2006 etJ/tO{4A~~ cc (!t40!~ 28 Boca RatonlOelray Beach News - Monday, June 19.2006. www.bocanews.com ~ 3YO\<> 100 ANNOUNCEMENTS 101 Legal ~otices NOTICE Of INTENT TO TRAN$FERISELl REAL PROPERTY NOTICE IS HEREBY GIVEN thallhe City of Detray Beach, Florida, an. nounces its intention to transfer/sell certain real properties for affordable hoosilg pwposes as part of lhe Com. munity land Trust more particularly described as fOllows: . lot ,. Block 38. Subdivision of Soultl Hatf 11/21 of mock 38 and Subdivision of Norm Half (1(2) 01 Block 39_ Town of Unton. aCC?rding to the map or pial thereot as recorded in Plat Book 11. Page 34. Public Records 01 Palm Beach County_ Aofid~. lot 11. Block B. Tourist Nook. accord- ing 10 the map or pIal thereof as re- corded in Plat Book 11. Page 47. Pub. lic Records 01 Palm Beach Counly Florida lot 1:l. Block 2_ Atlantic Gardens. ac- cording to the map or plat tilMaof as 10] Legal Notices recorded in Plat Book 14. Page 56 Public Records 01 Palm Beach County_ Aorida Lot 23. Carver Square. according to the map or plat U'\e(eol as recorded In Plat Book 24, Page 11" Public Records of Palm' Beach County. Flori. da. lot 54. Sunset- Parle according 10 the map or plat thereof as r-ecorded in Plat Book 12. Page 65, Pubtic Records of Palm Beach County. RoOda Lot 55. Sunset Park. according to the map or plat thef80f as recorded in Plat Book 12. Page 65 Public Records of ., Palm Beach Coonty, ROOda The South 40 feet 01 the North 2,54 feet 01 the East 135 feet 01 Block 31 Map of the Town of Unton,.Florida. according 10 the map or plat tnel'eof recorded in Plat ,€\t;)oi( 1. Page 3 of the Public Records 01 Palm Beach County, Rorida. The aboVil being the real proPEtrty described unde,r Tax Certificate 11650. in the Tax.Deed re- corded in Official Record Boolo: 11980 Page 1590. Public Records of Palm Beach Courdy_ Aorida. Other terms of the transtedsale are contained in the Contracts tor Sale and Purchase between the City and the Community land Trust. Resolu- tions of the Cily Commission author- izing the transfer/sale.of real proper- ties incorporating 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 City Halt 100 NW. 1st Avenue. Oelray' Beach, Flor- ida CITY OF OELAAY BE^CH_ FLORIDA By CheVelleD. Nubin 101 Legal Notices City CIeri< Publish: The Boca Ralon(Qelray Beach News Monday, June 19, 2006 Monday. June 26. 2006