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Res 33-06 RESOLUTION NO. 33-06 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. 13th Avenue, 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. 13th Avenue for the purposes of providing affordable housing as part of the Community Land Trust; and WHEREAS, the City acquired the property from the County as the result of unpaid property taxes; and WHEREAS, the City Commission has determined that it is in the best interest of the City of Delray Beach, Florida, to trans fer/ sell said property for the purpose described above; and WHEREAS, the City Commission has determined that the transfer/sale of the property described above will promote the general welfare of the residents of the Delray Beach. NOW, THEREFORE, BE IT RESOLVED BY THE 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 trans fer/ sell Lot 13, Block 2, Atlantic Gardens, according to the map or plat thereof as recorded in Plat Book 14, Page 56, 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. ~RZ~ ATTEST: ~~ ~ L ~. ~\L~:-J City Clerk 2 RES. NO. 33-06 .. 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 Sale and Purchase (" Contract") . I. DESCRIPTION: (a) Legal description of the Real Property located in Palm Beach County, Florida: Lot 13, Block 2, Atlantic Gardens, according to the map or plat thereof as recorded in Plat Book 14, Page 56, Public Records of Palm Beach County, Florida Property Control No. 12-43-46-17-18-002-0130 (b) Street address, city, zip, of the Property is: S. W. 13th Avenue, Delray Beach, Florida 33444 II. PURCHASE PRICE $ 10.00 III. TIME FOR ACCEPTANCE; EFFECTIVE DATE; FACSIMILE: If this offer is not executed by and delivered to all parties OR FACT OF EXECUTION communicated in writing between the parties on or before August 1, 2006, the deposit(s) will, at Buyer's option, be returned and this offer withdrawn. The date of Contract ("Effective Date") will be the date when the last one of the Buyer. and the Seller has signed this offer. A facsimile copy of this Contract and any signatures thereon shall be considered for all purposes as originals. IV. TITLE EVIDENCE: Within thirty (30) days from the Effective Date of this Contract, (CHECK ONLY ONE): _Seller shall, at Seller's expense, deliver to Buyer or Buyer's attorney; OR ~Buyer shall at Buyer'S expense obtain (CHECK ONLY ONE): _abstract of title or ~title insurance commitment (with legible copies of instruments listed as exceptions attached thereto) and, after closing, an owner's policy of title insurance. V. CLOSING DATE: This transaction shall be closed and the deed and other closing papers delivered within one hundred twenty (120) calendar days following the execution of this Contract, unless modified by other provisions of Contract. VI. RESTRICTIONS; EASEMENTS; LIMITATIONS: Buyer shall take title subject to: 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. By: -7'" ) "3-17~ Date P e.dmO-rl <D /$s: I cJ <..: Date \ : -J"U,,j ~. L~JJ tJ,Sc /\J By: COMMUNITY LAND TRUST, INC. Tax ID No. 5'1- fooOO308 Tax ID No. '2...0 - LJ \ ~ 2. ~ "" "'Z.. 2 ADDENDUM TO CONTRACT FOR SALE AND PURCHASE SELLER: CITY OF DELRAY BEACH, a Florida municipal corporation BUYER: THE DELRAY BEACH COMMUNITY LAND TRUST, INC. PROPERTY ADDRESS: S.W. 13th Avenue, Delray Beach, Florida XI. SPECIAL CLAUSES; ADDENDA (Continued): A. FOREIGN INVESTMENT IN REAL PROPERTY TAX ACT ("FIRPTA"): The parties shall comply with the provisions of Internal Revenue Code Section 1445 and applicable Treasury Regulations issued thereunder. If the Seller is a U.S. person for Internal Revenue Code Section 1445 purposes, then on demand of the Buyer and prior to closing the Seller shall provide the Buyer with a certificate of non- foreign status in the manner provided in Treasury Regulations Section 1.1445-2. If the Seller provides the Buyer with such certificate, and if the Buyer is otherwise permitted to rely on such certificate under those Regulations, the Buyer shall not withhold under Internal Revenue Code Section 1445. If the Seller is a 'foreign person' as defined by the Internal Revenue Code, the Buyer generally is required to withhold 10% of the gross sales price from the Seller at closing and to pay the withheld amount over to the Internal Revenue Service (IRS) unless an applicable exemption from withholding or a limitation on the amount to be withheld is available. To the extent that the cash to be paid over to the Seller at closing is insufficient to cover the Buyer'S withholding obligation, the Seller shall provide to the Buyer at closing cash equal to such excess for purposes of making such withholding payment. If the Seller's federal income tax on the gain is less than the applicable withholding amount, the Seller may make advance application to the IRS for reduced withholding and, if granted, the Buyer shall withhold only the authorized reduced amount. If such ruling has not been received by closing, the parties at closing shall enter into an escrow agreement reasonably satisfactory to the Buyer and Seller pending receipt of the ruling, provided that at closing the Seller shall have the obligation to provide to the escrow agent from the closing proceeds (or from the Seller 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. EVrDENCE OF TZTLB: (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 be customary in the county. Upon closing of this Contract, the abstract shall become the property ~f Buyer, subject to the right of retention thereof by first mortgagee until fully paid. (2) A title insurance commitment issued by a Florida licensed title insurer agreeing to issue to Buyer, upon recording of the deed to Buyer, an owner's policy of title insurance in the amount of the purchase price, insuring Buyer's title to Real Property, subject only to liens, encumbrances, exceptions or qualification provided in this Contract and those which shall be discharged by Seller at or before closing. Seller shall convey a marketable title subject only to liens, encumbrances, exceptions or qualifications set forth in Contract. Marketable title shall be determined according to applicable Title Standards adopted by authority of The Florida Bar and in accordance with law. Buyer shall have 30 days, if abstract, or 5 days, if title commitment, from date of receiving evidence of title to examine it. If title is found defective, Buyer shall, within 3 days thereafter, notify Seller in writing specifying defect(s). If the defect Is) 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 Is) 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. PUilSJmSB III3IIBI II9JlIICaaI SB~H 1ISm!a!:I_ 11'9 ~._, J\ pluehase IBa.e) Hlartgage al'la IBarlogage flate ta :=~le~ ~~~~~ P:~ ~~~ fer a 39 aa) !lraaa periaa iA Ioke e eAt af aefaHlt if a first IBartga~e aAa a 15 aa) graee per~ae if ::::~~ ::.~:a~~r IBarlogagel skall pra.iae far rigklo af prepa)~ent ~n Ikale e~ iA ~art "itha~t peRalt)1 :8:;1 ;::IB~~ ~::~l,,:::~t..e.n_ ~A e~ eAt a~ tnfla~e;r af. tke Real Prapert), ahall refJUue all .puar hel'l a'Hi eneHlIll9raAees ~ ~~. )';~ .~ ~n !:~~ StaAaJ.f"~ :~a !arlil3.a IBea..f..eat..aAa af ar f~t~re all. aAeea ~naer pr..ar Hlartgage [a) I 5kall re~;;,..e -B~- er "'.. mai~tai" ~elieieB af iRsHFaaee eeR~aiRiftg a stanaara m8Ftgagee ~laa5e ee.eFiRg all iMpfB emeRts leeatea SA ~Re Real Prel'ert~ agaiAst fil"e afla all perils iflel~aea ithiA tile te..... "e"loenEiea ea erage eAaaraeHleRta" aAe aHeh athel" "ial,s ~~~ p::~l~ :~ ~:~l:~~) reaaaAael) re~ire, iA aA aIBa~At efJUal ta tllei" higaeat iAaHraale alHe, aAEi tke IBartgager ~~:~ ~a ~::~ri t). agreemeAt. shall Iae atker"ise iA fa..... aAa eaAteAt. refJ1!i"ee S) Seller I s~t selle~ ..a) anI) :-.=IfU~r= ~~~~a~: ~~~t~~~:~l) faHAa "A IBarlogagea, IBartgage Aetes, ana seaHr~lo) agre"IBeAts geflerall) ~t~l~eea S) 5a.~flg afie leal'l il'lati t~tiafla al" atate ar flat!al'lal sal'll,s laeatea iA the "aHflt) "Ilereifl Real Prel'ert) ia laeatea. All P;~sa~~i :::~:::~ a~~ :.e:':~: ~ei~g eaA.e)ea a" asaigAea .Iill, alo Seller's apHal'l, se s~sjeet ta tAe liel'l af a seeHrit) agr<:eIBeAE e .iaefieea Ia} "eearaea fil'laAeiAg staloeIBents. If a Iaallaal'l IBartgage, the fil'lal l'aJ'lllel'lt _ill e"eeea tAe periesie pa)mefl~e t8e~e6R. C. SORVEr: 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. ~~ ~~~~' B~U)er, at BH)e"'S elfl'el'lse, \ iERifl t1IBe alla ea 1;a aeli er e iael'lee af title aAa ta e"amiAe sa..e, lIle) ~~~~ ~:a: :~~,=e::-:t~~~~:::ea e} a nsriaa Ce"Ufiea Pest Santul 9jgentar ["9jgerata,," J ta aeEe1'IB1ne if ERe"e ia aA) ~~s~~:: ae:! e teElOite iAfestatian a" isisle elliatil'lg a_age iraIB Ioe_ite infestetial'l iA tile Praperlo). If ;Ith~r ar eeth are faHl'la, B~}er ill ha.e 1 aa)a fra.. aate af ..rittel'l flaloiee thereaf ithin "Riell ta Ila e ee t f tYea~ffieAt, if F~~~irea, estima~e~ B) EBB 9peratsE aRa all samage iRspee~ea ana estiffia~e9 S) a lieeflsea sHilasr BE ~eneral eSAtraeter. Seller skall pal .alia sests af tFeatffisRt aAa repair sf all aaffia~e ~p te tAe affie~flt prs.isea iR ~~:~!=~~k (a). If esti..atea aasts e"eeea thaE aIBaHflt, B~)er sAaIl I\a e tke a!,HaA af eaneeliAg tllis ~~~t=~:: .,~~ SS)" afEer reeeipE af ea/lEraeta"'s "al'a!r estimate Ia) gi iAg riEtel'l I'latiee ta Seller a" B~)er ma) el,;~~ Ea !,r~eeea ..ilok tke traAaaetial'l, "All. reeei a a eraailo at alasiAg aA die ama~A"e p"a iaea il'l Paragra!,k (a). "TeElRi~es" sRall ee aeeHlsa te iRell:lele all ..eea eiestre:,intj" eE~aflislfts :reEjl:lirsel te. Be f'8}96rtes I:lflSeE the fIeEIaa Pest SeAEral Ae"e, as a..eAaea. E. XNGRESS 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. ~S, Seller ekall, AaE lese tAal'l 15 aa}S Iaefare elaa1Ag, fHrRisk "ea B~)er aapiea af all rit"eel'l leases aAa ::~~!!e: letters fre.. eaeA EeRaRt sl'eeif)!ng "eke Aa"~re ana aHratiafl af tAe tep-aAt's aee~l'ane), reAta~ ~t~:, aa.a"eea reAE ~.a seeHri") ael'es!ta paia S) tenaRt. If Seller ia H"aele ta ala"aiA s~eB letter fraIB eaek Eenan e same il'lfaPlBatiaA sAall Iae fHrnisRea S) Seller "a ~~)er _!t~iA that, t~e I'eriaa 11'1 tAe farm e~ a sell~E': :;~i~~~~, ~~~ ~~~=~ ~~) :~=~=a::e~ eal'ltaet tel'laAts ta aafif...... sHek ~Afa....at..a.. Selle" shall, at elaa~Ag, ael~ e A all e~~!~Aal leases te B~}eF. G. LXENS: 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 aa 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 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. r. TrHE: 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 essance in this Contract. 5 J. DOCtJMENTS 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 corrective instruments shall be paid by Seller. Documentary stamps and intangible tax on the purchase money mortgage and any mortgage assumed, and recording of purchase money mortgage to Seller, deed and financing statements shall be paid by Buyer. Unless otherwise provided by law or rider to this Contract, charges for the following related title services, namely title or abstract charge, title examination, and settlement and closing fee, shall be paid by the party responsible for furnishing the title evidence in accordance with Paragraph IV. L. PRORATIONS; CREDITS: Taxes, assessments, interest, insurance and other expenses and revenue of Property shall be prorated through day before closing. Buyer shall have the option of taking over any existing policies of insurance, if assumable, in which event premiums shall be prorated. Cash at closing shall be increased or decreased as may be required by prorations to be made through day prior to closing or occupancy if occupancy occurs before closing. Advance rent and security deposits will be credited to Buyer. Escrow deposits held by mortgagee will be credited to Seller. Taxes shall be prorated based on the current year's tax with due allowance made for maximum allowable discount, homestead and other exemptions. If closing occurs at a date when the current year's millage is not fixed, and current year's assessment is available, taxes will be prorated based upon such assessment and the prior year's millage. If current year's assessment is not available, then taxes will be prorated on the prior year's tax. If there are completed improvements on Real Property by January 1st of year of closing, which improvements were not in existence on January 1st of the prior year, then taxes shall be prorated based upon the prior year's millage and at an equitable assessment to be agreed upon between the parties, failing which. request will be made to the County Property Appraiser for an informal assessment taking into consideration available exemptions. Any tax proration based on an estimate shall, at request of either party, be readjusted upon receipt of tax bill on condition that a statement to that effect is signed at closing. M. SPI!:C~ 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. U. INSPBS'l!I9N, _PAm Nm !~SB. Selle" ran'aRts that, as ef 19 e!a)s I""ie" te elesin~, the eei1iR~, "eef (iRel"e!iR~ the faeeia aRe! seffits) aRe! eltte"ie" ane! iRte"ier ralls, feHRe!atieA, sea aIls Ie" eElHi-aleRt) ane! e!eelEaljl"e e!e Plet ha' e aPl) VISIBlE E"ISEIICE ef leal,s, \ ate" e!alllaljl"e er str"et"..al e1allli3~e aRe! that the sel'tie tanl" lOeel, all al'l'lianees, llIeehaRieal items, heatiR~, eeelin~, eleetrieal, 1'1H"",iR~ s)stellls aRe! ",aelliRer) a..e iR !1GRKIlIC CGIISITIGI1. Tile fe..eljl"eiRIjl" \/ar"aRty sllall ae li",itee! te tile itE!ll\s sl'eeifiee! ....lees ethe~rise I're ielee! iPl an ae!e!ePle!..... Bl:t}EE' mai, a~ B~)er's EnpeRse, aa.e iflspeetisflS R\aae af E);.sse items !:l} a fiERI BE ifllai iel.l:i.al spleeialiei.ag ill heme: iRSl'eetieRs aRe! heleliPlIjl" aPl eeeaj>atieRal lieePlse fer SHeil I'H~eee lif reEJUiree!l er a) aft al'l'rel'riatel) 1ieeRsee! rleriaa eentFaeteF. BH}EE shall, pEier te B~)eF'a eeel:i.pane} e~ ReE less tha~ 19 ela)s pEisE' te elesiAg, hieRE eE' eee~Ea firat, Eepert ifi \.EitiR~ te SellaE s~ek items tha~ ae flet Rleat tke aSs e stanaaE'as as ~e aefeets. 9Rless B,,)er tilllel) ..el'e..ts sHeh e!efeets, BtI)e.. shall ae e1eelllee! te ha.e lai eel Selle,,'s .arranties as te e!efeets Plet "el's"tee!. If "el'ai"s e" ..el'laeelllent alee ..eEJUi..ee! te ee"'l'l) \lith tais StaRelare!, Selle" shall saHse thelll ts ee llIae!e afle! shall I'ay "I' te the allletlnE I'"e ie!ee! in I?aralf"al'h fa). Selle" is f1et re,!:"i"ee! ts ..al,e re~ai"s sr Ee,laee~eftts af a eaa~e~ie BatHES ~Rlees ea~sBa ~} a aef~elleE is Fespensiele te repair SE ~e,laee. If tRe east af sHeh "el'ai.. e~ rel'laeemeflt e..aeeels the ","elint I'"e.ielee! iR Pa"a~r1lJ''' _ (aI, 8")e,, ar Eelle" ilia) elest ts I'a) aHeh elleees, failin~ r"ish eithe.. I'art) ilia) eaneel this CSRt..aet. If Selle" is ~naele te esr"eet the e!efests I'..ia" ta eleeiR~, the esst the"eef shall ee I'aie! iAte eee"s" at elesiPl~. Selle" s;,all, HI'SR "easeflae1e f1etiee, ~E'e. iae ~tili ti.es seE' iee aAB. aeaess te the FraIlert) ter iAspeetiens, ineleaiPJ~ a ";81][ tflFBl:igl=1 l5'EieF te elesiRIJ, te eenfi..", that all itellls ef PerssRal I?rel'e"t) alee SR tile ~eal P"sl'e"t) ane!, sHejest te the fs"e~sifl!l, that all reEJUi"es "el'ai..e aRe! rel'laeelllents ha e seen ..ae!e aAe! that the P"sl'e"t), inel"e!iPl~ a"t Ret li..itee! ts, 1e fI, eh"Hsse,,) aRe! I'sal, if aA), has seeR llIainteiREe! iPl the eaRe!itiaPl e][istiA~ ae sf Effeeti.e Sate, e.-e!iPlar) ~ee.. afle! tea" elEeel'tee!. S. al~ SF LeSS. If the Pral'ert) is e1ama~ee! e) fi..e s" ethe" easaalt) eefs"e elssiR~ aRe! eest sf "ests..atieR e!ses Hal eusees J\ sf thB assesses all:iatisR af tk6 rEspert) as aamagea, sester festszatien BRaIl se SA Baligatie~ sf the ~eller aAa eles!.Rg sRall prseeea pl:iE'Bl:iaRt ~e tHe terms sf CSAtEaet ith Eea~eEatieH sests ESSES ea at elesifi~. If the eest ef ..este..atiaPl elEeeee!s 3' ef the assessee! .al"atiaPl af the illll""e.e..eflts se e!ama~ee!, 8")e,, sllall ha e the e~tiBl\ af ei.ther taltiAI} PFspeztj as is, tel}e1lR8!' lith ei"ehE.E' tl:e 3\ BE 8Fl) iRSI::lE'aFlCe ~!l]:eeeeas pa)a.-l:lle s:, 'WiFtClE sf s~eh less BE aaffia~e, BE sf ea~eeli~g CeAt~aet BAB ~eeei ifl~ ~~t~FA sf aepesit(sl. P. PROCEEDS OF SALE; CLOSING PROCEDURE: The deed shall be recorded upon clearance of funds. If an abstract of title has been furnished, evidence of title shall be continued at Buyer's expense to show title in Buyer, without any encumbrances or change which would render Seller's title unmarketable from the date of the last evidence. All closing proceeds shall be held in escrow by 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 Is) shall, upon written demand by Buyer and within 5 days after demand, be returned to Buyer and s imul taneously 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. KSSR9W1 '~J eSeE8\l a~e~t (n~") reeei.iR~ fHAde SF e~Hi aleAt is aHtheEieea aRa a~~ees B} aeee~tanee af them te aepesi~ ~hem pFBmptl), Rela eame in eaeYe! aRs, s~Bjeet te el~aEaRee, aiBB~r5e th~ffi ift aeearasAse ith ter~s afls eessitisRs af Se~traeE. rail~EE sf elearBAee af f~Aas BRaIl ~et eHeuse BH}~E'S perfeEmaRee. If i~ aBuat as ~e 'ge~t'a a~tics er liaeilities ~RaeE tEe ~Ee.isieRs af 9aAtraet, ~geRt ma), at ~~eRt'5 e~EieR, s6AtiRHe t6 RBIs ~Re e~ejeet matteF af tfte eSSES! aAtil tfie parties ~eEete ag~ee te its aisBHEseme~~f BE aRtil a j~a~me~t sf a eSH"t ef ee"'l'eteRt j~riselietiafl shall e!eterllli~e tAe riljl"hts af the I'a~ties e.- '~eAt ilia) e!el'ssit itll t~e ele..I, af tAe eireait aBHFt Ra.in~ j~Fiseieti8R sf tfie ais~ate. g~BR Retif~iA~ all ~aEties eeReeER~a sf s~eh a~tieA, all 6 ~;~~;~;=~ :: t~; ~~:~ ~f ~~e~t ~~~:: ~lill} teatliPlate. elleept ta tR~ ellteRt af .aeealiflt~:l ~r ~n~ ~~~:~ ~;~; i~":l~ ~:l:::::~ au; ~f ~;:r~~. ~~ a ~~eeRsee real estate aral,er, lI'JeRt .111 ee",!,l} J.tR pre. e _ a_ h _ ._. ~: ~~n~~7' ~~~ :~~t ~:t1eeR Buyer aRe ~eller Rere A'JeRt is maes a part} aeaause af aeti;~ a; ~;~~t h;r~~;~e;, ar ~: :R~ :";; =~e~:~~ ~~:R:.~~t::~::a:: ~~: slisjeet m~tter af the essra" AlJeRt shall r~a~:r ~~~:i~~; :~t:~:;~:o :::s ::~ ::s~: :~~~:r:~ ~:t~ t~:=: _eliRts ta !ae !"aJ.e fram SRe aut af the essreuse fUfl _ e.,_ _. au _ ::: ~:~ ~~~~~~ ~~ s~~rt ~~::s ~R :~;:~ sf tte pre.ai~iR'J !"art): TRe A'JeRt shall Rat ae i~::~i ~~ ;~; ~;t; :E rf~~:~ ::: ~s~;l~~::~ :~ Il,,}er eE Sel~eE ef J.teHls susJeet te thu esera " uRless slieh ftl .) s due t . aEeaeh of GsntEaet SE 'Jrsss Re'J1J.'JeRee sf ~lJeflt. R. ATTORNEY FEES; COSTS: In any litigation, including breach, enforcement or interpretation, arising out of this Contract, the prevailing party in such litigation which, for the purposes of this Standard, shall include Seller, Buyer, and any brokers acting in agency or nonagency relationships authorized by Chapter 475, F.S., as amended, shall be entitled to recover from the non-prevailing party reasonable attorney's fees, costs, and expenses. S. F.AILURE 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(s) agreed to be paid, may be recovered and retained by or for the account of Seller as agreed upon liquidated damages, consideration for the execution of this Contract and in full settlement of any claims; whereupon, Buyer and Seller shall be relieved of all obligations under Contract; or Seller, at Seller's option, may proceed in equity to enforce Seller's rights under this Contract. If, for any reason other than failure of Seller to make Seller's title marketable after diligent effort, Seller fails, neglects or refuses to perform this 'Contract, the Buyer may seek specific performance or elect to receive the return of Buyer's deposit(s) without thereby waiving any action for damages resulting from Seller's breach. T. CONTRACT NOT RECORDABLE; PERSONS BOUND; NOTICE: Neither this Contract nor' any notice of it shall be recorded in any public records. This Contract shall bind and inure to the benefit of the parties and their successors in interest. Whenever the context permits, singular shall include plural and one gender shall include all. Notice given by or to the attorney for any party shall be as effective as if given by or to that party. U. CONVEYANCE: Seller shall convey title to Real Property by statutory warranty, trustee's, personal representative's or guardian's deed, as appropriate to the status of Seller, subject only to matters contained in Paragraphs VI and XII and those otherwise accepted by Buyer. Personal Property shall, at request of Buyer, be transferred by an absolute bill of sale with warranty of title, subject only to such matters as may be otherwise provided for herein. V. OTHER AGREEMENTS: No prior or present agreements or representations shall be binding upon Buyer or Seller unless included in this Contract. No modification or change in this Contract shall be valid or binding upon the parties unless in writing and executed by the party or parties intended to be bound by it. W. WARRANTIES: Seller warrants that there are no facts known to Seller materially affecting the value of the Property which are not readily observable by Buyer or which have not been disclosed to Buyer. 7 ] I 1\\ ~== - - - - - - - - - - N.W. ~ \=~ - - - - - - 2ND N.W. 2ND ST. r-- -- ST. \, \ I I I .- - I--- I W W t- >- - - .... > <( - <( - r----- I I- t- t- - r--~ ID- I r--- - - r----- - Nr;~ . '"' - \ S - I - 1/ I - I I II - f-- I-- ~~ I I - I t- f-- II I;: I II '-- I-- '--- N.W. 1ST ~~ -- -- I-- - If 30 30 I-- z :i - 30 30 30 - :i :i z I - - \ r--- i-- f--- - - r--- i-- r- - J \. r--- I--- !------ I-- , == == '---= ~ .-... ~ 'y 1lAN71e AVENUE J illIIlIillJ] []ill[] DO I ~ ., I f-7 - ATLANTIC ~ 0-/ 0JIillillIJ DIillIIJ]J I I [ ~ GA TEWA Y MINI PARKS - w .-,-- . w r----- w / > > > <(- r--- <( <( w > ~~ ~ - r----- c( 7\ - r----- r-- - ...... , - r----- r-- r----- ~ r-- r----- r-- f-- - t--- r-- r----- I--- ~.~ -~ ~ '--- I ,-- ,-- I ,-- f- t- I 0> I I -~ I I t- - t- t- I I .... '" ;: t- - - - 0 I - I - - I 30 ~ vi - S.W. \ J ( ~ - - - h.. w > - - /~ <( I - .- - 30 30 30 - j L-- :;: :;: ~ - vi - - vi vi vi vi / ,- - vi I - I-- t- - - Ifl - \. '------ - - N - LOCATION MAP PROPERTY TO BE TRANSFERED TO THE DELRAY BEACH COMMUNITY LAND TRUST, INC. CITY or DELRA Y BEACH, FL PLANNING '" ZONING DEPARTMENT -- DIGITAL BASE MAP SYSTEM -- peN: 12-43-46-17-18-002-0130 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 13, Block 2, Atlantic Gardens, according to the map or plat thereof as recorded in Plat Book 14, Page 56, Public Records of Palm Beach County, Florida Property Control No. 12-43-46-17-18-002-0130 (b) Street address, city, zip, of the Property is: S.W. 13th Avenue, Delray Beach, Florida 33444 II. PURCHASE PRICE $ :1.0.00 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 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 COMMUNITY LAND TRUST, INC. By: By: Co I ~..~<c Dat~;J : ..j~ ~. lE-JJ AlSo. Date Print Name: Tax ID No. Tax ID No. 2.0 - 4 l ~ '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. 13th Avenue, Delray Beach, Florida XI. SPECIAL CLAUSES; ADDENDA (Continued): A. FOREIGN INVESTMENT IN REAL PROPERTY TAX ACT ("FIRPTA"): The parties shall comply with the provisions of Internal Revenue Code Section 1445 and applicable Treasury Regulations issued thereunder. If the Seller is a U.S. person for Internal Revenue Code Section 1445 purposes, then on demand of the Buyer and prior to closing the Seller shall provide the Buyer with a certificate of non- foreign status in the manner provided in Treasury Regulations Section 1.1445-2. If the Seller provides the Buyer with such certificate, and if the Buyer is otherwise permitted to rely on such certificate under those Regulations, the Buyer shall not withhold under Internal Revenue Code Section 1445. If the Seller is a 'foreign person' as defined by the Internal Revenue Code, the Buyer generally is required to withhold 10% of the gross sales price from the Seller at closing and to pay the withheld amount over to the Internal Revenue Service (IRS) unless an applicable exemption from withholding or a limitation on the amount to be withheld is available. To the extent that the cash to be paid over to the Seller at closing is insufficient to cover the Buyer'S withholding obligation, the Seller shall provide to the Buyer at closing cash equal to such excess for purposes of making such withholding payment. If the Seller's federal income tax on the gain is less than the applicable withholding amount, the Seller may make advance application to the IRS for reduced withholding and, if granted, the Buyer shall withhold only the authorized reduced amount. If such ruling has not been received by closing, the parties at closing shall enter into an escrow agreement reasonably satisfactory to the Buyer and Seller pending receipt of the ruling, provided that at closing the Seller shall have the obligation to provide to the escrow agent from the closing proceeds (or from the Seller's other resources if necessary) cash equal to the maximum required withholding, with any excess withholding being refundable to the Seller upon receipt of a favorable ruling from the IRS. Buyer and Seller understand that the IRS requires the Buyer and the Seller to have a U.S. federal taxpayer identification number and to supply that number on the foregoing forms. A foreign individual may acquire an International Taxpayer Identification Number for this purpose. Since it may take several weeks to receive the number after application and the IRS will not process these forms without the actual number, a party lacking a TIN is advised to apply immediately. B. The Buyer shall have sixty (60) calendar days within which to conduct any and all feasibility studies and determinations relative to the suitability for the acquisition of the subject property by the Buyer and the Buyer reserves the express right to terminate this Contract at any time during said period for any reason or no reason, in Buyer's sole discretion, whereupon Buyer shall receive a full refund of all deposit monies paid hereunder. Buyer shall be granted reasonable access to 3 the premises to conduct such feasibility studies and determinations, including environmental assays, core drilling, surveys, soil sampling and other such testing. c. This Contract is expressly contingent and conditioned upon the approval of the same by the City Commission of the City of Delray Beach. D. The parties represent and warrant that there is no broker involved in this transaction to whom a commission would be due. 4 STANDARDS FOR REAL ESTATE TRANSACTIONS A. EVIDENCE OF TITLE: (l)An abstract of title prepared or brought current by a reputable and existing abstract firm (if not existing the~ certified as correct by an existing firm) purporting to be an accurate synopsis of the instruments affecting title to Real Property recorded in the public records of the county wherein Real Property is located, through Effective Date. It shall commence with the earliest public records, or such later date as may be customary in the county. Upon closing of this Contract, the abstract shall become the property ~f Buyer, subject to the right of retention thereof by first mortgagee until fully paid. (2) A title insurance commitment issued by a Florida licensed title insurer agreeing to issue to Buyer, upon recording of the deed to Buyer, an ownerls 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 (5) 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 defectls) 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. P9IlSHNiB !lGNBY !_~SB, E:ECVlU:R AGm!lEI_ '1'0 E:BLI.BR. .'\ l".rehase Rlaney Iftart\la\le aflE! mart\la\le f1ate ta Ee11Er shall pra.iE!e far a 39 E!a) \lraee periaE! ifl the e ent af E!efa~lt if a first ..art\la\le aflE! a 1s aa) \lraee ~eriaE! if seeaflE! ar lesser mart\la\lel afia1l pra.iae far ri\lfit af pre~ayment ifl _eele er in ~art .,itha~t peflalt), seall ~erRlit aeeeleratiafl in e /Sflt af traflsfer af tfie Real Prapert) I shall reEfUire all priar liefl afla efle~lIIbraflees ta ae J'e~t ifl \laaa staflain\l afla faraiE! ..ae!ifieatiafls af ar f~t~re aa.aRees ~RE!er priar Rlart\la\le (s) I shall re,!~ire B~)er ta maintain palicics af iflsuraaec ~efltaiRing a staasaEB ~eEt~a~Ee elau9c e6vc~ifl~ all impre.cmcats lecatca SA the neal Pral'ert) a\laiflst fire ana all perils iflel~aeE! itfiiR tfie ter", "eHtene!ea ea era\le eflaarse..eflts" aRa s~efi atfier rial.. afle! perils aa Eeller ..a) reasaRae1) re'lHire, in afl a..a~Rt e,!~al ta their ei\lfiest insuraBle a1~el ana tfie ..ert\la\le, f1ate aRE! see~rit) a\lree..eflt shall Be ateenlise in ferm ana oeRtent reEJairee! a) Eellerl B~t Seller ..a) efll) reEfUire e1a~ses e~steRlaril) fa~nE! in ..art\la\les, mart\la\le natea, anE! sea~rit) a\lree..ents \lenerall) ~tili2eE! 13) aa.ifl\l ane! laan iRstit~tiefls ar state er natiana1 aaflks laeatea in tee ea~Rt) '~ereifl Real Prapert) is laoated. ~11 Peraaflal Prapert) aflE! leasea BeiR\l eaR e)eE! ar assi\lnea ill, at Eeller's aptiafl, ae S~Bjoct ta taE liEn af a sEe~rit) a\lree..eflt e iE!eneee! a) reeare!ea finaneifl\l atate",enta. If a aallaeR ",art\la\le, tae final payment ill eHeeeE! the periaE!ie paYRlents teeresn. 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. _aRE:. B~)er, at B~)er's elll'eRse, \ itfiin ti..e allalleE! ta aelLer e.iE!enee ef titlE and ta eHamine seRle, Ria, hale Real Pral'ert~ inspeeteE! B) a F1ariE!a CertifieE! Pest Cantre1 Operatar ("Operatar") ta determine if tJolere is an) .isiale aeti e ter",ite infestatisA ar isiale enistin\l e!ama~e fre.. termite iRfestatian in thE rrapeEt). If either ar Beth are fS~RE!, B~)er ill;,a e 1 E!a)s frelft E!ate af 'hritten natiee thereef itRiR .hich ts fia e east ef tFeat..eFlt, if re,!~irea, estimatee! a) the Ql'eratar aRE! all E!a..3\le iRsl'eetee eRE! esti..ated E) a lieensea B~ilE!er er \leReral eentraetar. Seller shall I'a) alie sasts af treatRlent ane! rel'air ef all E!ama\le ~p ts tae a/l1S~f1t pra iE!eE! in Para\lral'h lal. If estilftatee easts enceee that ame~At, BH)er shall aa e the aptien ef eaneelin\l tRis Centraet ~s sa)s after reeei~t ef eeRtraeter's Fe~air estimate a) \li.in\l ritten natioe ta Ee11er ar B~)er m3) eleet ta preeeeE! ,ita tae transaetien, aRa reeei e a sredit at c1asin\l en tfic ama~nt pra.idce in Para\lr3~fi (a). "Termites" shall ae E!ee",ea ts ine1~E!e all '.sed E!estra}in~ eE\laAisRls re,!"ireE! te ae rel'erteE! ~Aaer tfie FIeEIea Pest Cantral ~et, as a..enaee. 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. P. L&nSBE:, Eel1er shall, Aet less tfiaR 1s E!a)s eefere elesiR\l, f~rnise ta B~)er eapies af all .ritten leases ane estal'pe1 letters frem eaeh tenant speeif}iFl\l the Rat~re ane a~ratian ef tee tenaRt's aee~pane), rental rates, as eRees EeRt aRE! see~Eit) E!epesits I'ais a) tenant. If Seller is ~RaBle te eetain sHee letter fram eaoh tenant, the same infar",atieA saa1l ae f~Enisfiea a~ Se1leE ta B~)er _iteiR thet time peEiaE! in tRe farm ef a Eel1er's affiea it, ana B~)er Ifta) teereafter eantaet tenants te eenfirm s~ee infarmatien. Seller shall, at elasin\l, e!eli 'er ana assi\ln all aEi\linal leases ta BH)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 1ienors 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. ~XHE: 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. ~ime is of the essence in this Contract. 5 J. DOCUMENTS FOR 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 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. PRORATrONS; CREDrTS: Taxes, assessments, interest, insurance and other expenses and revenue of Property shall be prorated through day before closing. Buyer shall have the option of taking over any existing policies of insurance, if assumable, in which event premiums shall be prorated. Cash at closing shall be increased or decreased as may be required by prorations to be made through day prior to closing or occupancy if occupancy occurs before closing. Advance rent and security deposits will be credited to Buyer. Escrow deposits held by mortgagee will be credited to Seller. Taxes shall be prorated based on the current year's tax with due allowance made for maximum allowable discount, homestead and other exemptions. If closing occurs at a date when the current year's millage is not fixed, and current year's assessment is available, taxes will be prorated based upon such assessment and the prior year's millage. If current year's assessment is not available, then taxes will be prorated on the prior year's tax. If there are completed improvements on Real Property by January 1st of year of closing, which improvements were not in existence on January 1st of the prior year, then taxes shall be prorated based upon the prior year's millage and at an equitable assessment to be agreed upon between the parties, failing which, request will be made to the County Property Appraiser for an informal assessment taking into consideration available exemptions. Any tax proration based on an estimate shall, at request of either party, be readjusted upon receipt of tax bill on condition that a statement to that effect is signed at closing. H. SPECrAL ASSESSMENT LrENS: Certified, confirmed and ratified special assessment liens as of date of closing (not as of Effective Date) are to be paid by Seller. Pending liens as of date of closing shall be assumed by Buyer. If the improvement has been substantially completed as of Effective Date, any pending lien shall be considered as certified, confirmed or ratified and Seller shall, at closing, be charged an amount equal to the last estimate of assessment for the improvement by the public body. n. rNSPBCTI:ON, REPlUR Nm )~CE. Eeller arrants tAat, as sf 19 ela)s I'riar ta elasiR~, tile eeiliR~, raef (iReltleliR~ the faseia aRel saffits) aRel eJ[teriar aRel iRteriar . aIls, fa..nelatiaR, sea aIls lar e'l1'i alent) aReI aael'a~e aa Rat Ila.e aR) VIEISl.E E"IBEIICE af leal,s, ater aama~e ar str..et..ral ela"'a~e ana that tile sel"tie tafll" peel, all aJil31iafl6ca, lfteGaaaieal iteH\s, he3tifl~, eeelifl~, c.le:et:E'ieal, pl\:lfl'1:bil"!.~ S)stCl'tlS 3.flS H\3ehineE} ayE. iA ~~On~II1C CffilBITIOlI. The fare~aiR~ ..arraflt) shall l3e limiteel ta the items sI'eeifieel ..nless ather ise I'ra. iaeel ifl aR aeleleRelWll. B~yeY ffiB), at SHicr's e)[~eRSe, ha.e iRspectisRB maaE af tfi8se items B} a firm BE iRaiwi6~al 5pc~ialiEiAg in RefflE iflsI'eetisRs aReI haleliR~ afl aeeHI'Btiaflal lieeAse far s..eh I'tlrI'sse (if re~..irea) ar 13) aR aI'l"rapriatel) lieeRseel Flsriela eSRtraetar. Stlyer shall, I'riar ts BH)Sr'S aes"I'ans) ar RSt less than 19 ela)s I'riar ta elssiR~, hielle er aee..rs first, reI'art iR \lritiR~ ta Eeller stieR items that ae RSt meet the al3a.e stanelaras as ta elefests. 9aless B..)er ti",el) reI'arts s..sh aefeets, B..)er shall be eesmea ta ha,e ai ea Eeller's ~arranties as ta elefests Rat reI'arteel. If reI'airs ar rel"laeemeRt are re~Hireel ta samI'l) \lith this Ctsflelara, Celler shall eaHse the", ta l3e maele afla shall l"a) "I' ta ths a"'atlflt I'ra ieleel in Para~raph (13). Eeller is nat re~Hireel ts make reI'airs ar rel"laeemeRts af a easmetie flattlre Hnless saHseel 13) a elefeet:Celler is resI'aflsibls ta reI'air sr reI'laee. If the east af s..eh reI'air sr reI'laee",eRt elteeeels tF.8 BlIIatlAt I'ra.ieleel iR Para~raI'h (b). S..)er er Eeller "'BY eleet ta I'a) stleh eHsess, failiA~ uhish eitller I'art) "'a) eaaeel this CaRtraet. If E~ is tlRal3le ts esrreet the elefestB I'riar ts elasiR~. the esst thereaf Bllall be I'aiel iRts esera. at elasifl~. Eeller sllall, "l"ea reasoRa131e Ratiee, I'ra iele tltilities ser iee aRa assess ta the PraI'ert) fsr iRBI'estions, iflel..elifl~ a .alk thraH~h l"riar ta elasiA~, ta eanfir", that all items ef PerseRal Prol"ert) are aR the Real PraI'ert) aRel, sHbjeet ts the fare~aiR~, tAat all rB~Hireel reI'airs aReI reI'laeemeRts ha.e l3een ",aele aReI that tile PrsI'ert), iflelHelifl~ I3Ht not 1imiteel ta, la R, sllr..bl3er) aReI I'eel, if aR), has l3eeR maintaifleel ifl the eaRelitisR eHistiR~ as sf Cffeeti.e Date, ereliRar) ear aRa tear eHeel"teel. G. ~~ GF LeSS. If the PraI'ert) is eama~eel B) fire ar stller eas..alt) l3etare elasifl~ anel eest sf restaratian elaes Rat eHs8eel 3\ af the assesseel alHatiaR sf the PraI'ert) sa elama~eel, esst af restaratiafl shall l3e aR al3li~atiafl af the Eeller aReI elasiR~ shall I'raeeeel I'..rs..aRt ta the te~s sf CaRtraet .ith resteratiaR easts esera eel at e1asin~. If tile east af restaratiaA elteeeels 3\ af the assessea alHatiaR af tile iffil"rs emeRts ss eama~eel, SHier sllall ha e tile sl'tian sf either tal,iR~ PraI'ert) as is, ta~ether .lith either the n er an) iastlraflee I'reeeees I'a)....le 13) irt..e sf s..eh lass ar aama~e, ar af eaReeli~~ CaRtraet anel reeei.in~ ret..rR sf eleI'asitlsl. P. PROCEEDS OF SALE; CLOSrNG 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 Is) 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. e. ESSRQN. hfl) esers" a~eflt I"~") resei.iR~ f..Res ar e~..i.aleat is a..tharieeel aflel a~rees 13) aeeeI'taRee ef tllem ta eleI'asit them I'rsmptl), hale same iR esere aReI, stll3jeet ta elearaflee. elisl3..rse the", in aeearaaRee itll te~MS ana eSHaitieRS sf CSRtFaeE. Failtlre sf elearaRee sf fHnas SHall Rst e!Ee~3e Bejcr's ~erferffiaAee. If ifl a8~et as te ~~ent's aHties BE liaeilities ~Raer tae ~re isiens af CBRtraet, A~EAt mal' at ~~ent's e~ti6Rr e8AtiRHE te Ilalel tile sHl3jeet matter af the esera HRtil tile I'arties hereta a~ree ta its elisl3..rsemeat, ar tlRtil a j..a~meflt af a satlrt af eaml"etent jHriselietiafl sllall eletermine the ri~llts af the I'arties sr ~~eflt mal aSI'asit itll tile elerl, af the eireHit ee~Ft Aa.ifl~ jarissietieR af t~e ai3p~te. 9~eA ABtif)iR~ all ~aFties eeflec~fl~a sf 3~eh aetisfl, all 6 lial,lilit) aA the !,art af A~eAt shall full) ten.inate, eHeept ta the eHteAt ef a"eatlAtiA~ far aA) items pre iatlsl) eeli eree atlt af esera\l. If a lieensee :<eal estate I>:<a],e:<, r,~eAt 'ill ealllf'l) it" !,:<e.isiaAs af Cha!,ter 17~, f.S., as afflERsea. ~.} sEit eet18cfl BH)Cr aRa Seller here )~eAt is maae a part} because af actiA~ 39 ~~CAt ReEC~AaeE, or ifl aA) sHit \lflCreiA A~eflt iAteE~leaa5 tAC sHbjcct matter sf the eseEBr, ~~eRt sh~11 reC6.CE rE3ssflaele attsERC)8' fees aRa eests iAC~EEea t ita thE5C ~me~flts ta Be ~aid frem aRB e~t sf the Escre..ea funa3 BE equi.alcRt aRB eflar~ca aAe a a:<eee as eetl:<t easts ie fa.er of t"e !,:<e.ailie~ !,a:<t). The ~~eAt shall net Be liaele ta aA) !,art) ar !,e:<son feE misseli.cE} te BUiCE er Eel ICE sf items subject te thi3 EeCES , ~Rlea8 GUCR miaaeli er) ie a~e te illful eFeaeh af CeRtraet BE ~r85a Ae~li~eAce af ~~ent. R. ATTORNEY FEES; COSTS: 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. FAILURE 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(s) agreed to be paid, may be recovered and retained by or for the account of Seller as agreed upon liquidated damages, consideration for the execution of this Contract and in full settlement of any claims; whereupon, Buyer and Seller shall be relieved of all obligations under Contract; or Seller, at Seller's option, may proceed in equity to enforce Seller's rights under this Contract. If, for any reason other than failure of Seller to make Seller's title marketable after diligent effort, Seller fails, neglects or refuses to perform this Contract, the Buyer may seek specific performance or elect to receive the return of Buyer's deposit(s) without thereby waiving any action for damages resulting from Seller's breach. T. CONTRACT NOT RECORDABLE; PERSONS BOUND; NOTICE: Neither this Contract nor any notice of it shall be recorded in any public records. This Contract shall bind and inure to the benefit of the parties and their successors in interest. Whenever the context permits, singular shall include plural and one gender shall include all. Notice given by or to the attorney for any party shall be as effective as if given by or to that party. U. CONVEYANCE: Seller shall convey title to Real Property by statutory warranty, trustee's, personal representative's or guardian's deed, as appropriate to the status of Seller, subject only to matters contained in Paragraphs VI and XII and those otherwise accepted by Buyer. Personal Property shall, at request of Buyer, be transferred by an absolute bill of sale with warranty of title, subject only to such matters as may be otherwise provided for herein. V. OTHER AGREEMENTS: No prior or present agreements or representations shall be binding upon Buyer or Seller unless included in this Contract. No modification or change in this Contract shall be valid Dr 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 l , ~ - - - - - - c-- - - - - - - - \ \ - - - N.W. -- - 2ND \ N~ 2ND ST. - ST. \ I - -- - - .- r----- - I W w \ >- - - >- r----- - :! > <( <( - - f--- I I- \ - >- >- - ~ - -$? 0>- I - \ M - NLit , il \ ST f---- - / I II ~ \ r IL- I r- - - ~5 I I r- I >- r- II I::: I '-- -- N.W. r-- r-- 1ST - ~ I-- -- ~~ - - - - 3 - - - 3 .- c---- . Z Z - 1 :;: I--- ~ 3 - Z - z z - I \ \ .- illllIIJTI] UillIID [J[] ., ~A TLANTlC A VENUE h ~ ---- - -:- A T L A N TIC - / mIDI] 0JIIIIIIill I [ ~ ,- GA TEWA Y MINI PARKS - ~m .r---- - . w w -~ / > <(I--- c---- <( <( w > ~~ ~ I--- r----- <( 7\ I--- f--- ~ ~ - f--- ~ - f--- - r----- - - I - f--- - I - '--- -- s.w. -- -- I I >- I '" I I -~ I I >- >- >- I I V - N ::: >- -~ ~ 0 I - ~ I 3 t vi - - - - - - S.w. r---- - \ ( ~~ I--- ---'- I--- - /' ------- <( .1--- - ! - 3 r- ! - 3 3 ~- -~ 3 / - vi vi Vl Vl vi vi - - - I- - - In- - - '------' N - LOCATION MAP PROPERTY TO BE TRANSFERED TO THE DELRAY BEACH COMMUNITY LAND TRUST, INC. CITY OF DELRA Y BEACH. Fl PLANNING &. ZONING DEPARTWENT -- DIGITAL BASE MAP SYSTEM -- PCN: 12-43-46-17-18-002-0130 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. 13th Avenue to the Delray Beach Community Land Trust, Inc. PCN: 12-43-46-17-18-002-0130 Attached to this memorandum please find Resolution No. 33-06, 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 D!\ 011 \aI RESOLUTION NO. 33-06 A RESOLUTION OF THE CI1Y COMMISSION OF THE CI1Y OF DELRA Y BEACH, FLORIDA, AUTHORIZING THE CI1Y TO TRANSFER/SELL REAL PROPER1Y IN THE CI1Y OF DELRA Y BEACH WHICH PROPER1Y IS LOCATED AT S.W. 13th Avenue, AS MORE PARTICULARLY DESCRIBED HEREIN, TO THE DELRAY BEACH COMMUNI1Y 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. 13th Avenue for the purposes of providing affordable housing as part of the Community Land Trust; and WHEREAS, the City acquired the property from the County as the result of unpaid property taxes; and WHEREAS, the City Commission has determined that it is in the best interest of the City of Delray Beach, Florida, to transfer/ sell said property for the purpose described above; and WHEREAS, the City Commission has determined that the transfer/sale of the property described above will promote the general welfare of the residents of the Delray Beach. NOW, THEREFORE, BE IT RESOLVED BY THE 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 13, Block 2, Atlantic Gardens, according to the map or plat thereof as recorded in Plat Book 14, Page 56, 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. A TrEST: 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 13, Block 2, Atlantic Gardens, according to the map or plat thereof as recorded in Plat Book 14, Page 56, Public Records of Palm Beach County, Florida Property Control No. 12-43-46-17-18-002-0130 (b) Street address, city, zip, of the Property is: S.W. 13th Avenue, Delray Beach, Florida 33444 II. PURCHASE PRICE $ 10,00 III. TIME FOR ACCEPTANCE; EFFECTIVE DATE; FACSIMILE: If this offer is not executed by and delivered to all parties OR FACT OF EXECUTION communicated in writing between the parties on or before August I, 2006, the deposit(s) will, at Buyer's option, be returned and this offer withdrawn. The date of Contract ("Effective Date") will be the date when the last one of the Buyer and the Seller has signed this offer. A facsimile copy of this Contract and any signatures thereon shall be considered for all purposes as originals. IV. TITLE EVIDENCE: Within thirty (30) days from the Effective Date of this Contract, (CHECK ONLY ONE): _Seller shall, at Seller I 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 OF DELRAY BEACH COMMUNITY LAND TRUST, INC. By: " hsf cJ(.., Dat\J : ..ju,j ~. LE-JJ rJ.sc. Date Print Name: Tax ID No. Tax 10 No. Lu - LJ \ Cp 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. 13th Avenue, Delray Beach, Florida XI. SPECIAL CLAUSES; ADDENDA (Continued): A. FOREIGN INVESTMENT IN REAL PROPERTY TAX ACT ("FIRPTA"): The parties shall comply with the provisions of Internal Revenue Code Section 1445 and applicable Treasury Regulations issued thereunder. If the Seller is a U.S. person for Internal Revenue Code Section 1445 purposes, then on demand of the Buyer and prior to closing the Seller shall provide the Buyer with a certificate of non- foreign status in the manner provided in Treasury Regulations Section 1.1445-2. If the Seller provides the Buyer with such certificate, and if the Buyer is otherwise permitted to rely on such certificate under those Regulations, the Buyer shall not withhold under Internal Revenue Code Section 1445. If the Seller is a 'foreign person' as defined by the Internal Revenue Code, the Buyer generally is required to withhold 10% of the gross sales price from the Seller at closing and to pay the withheld amount over to the Internal Revenue Service (IRS) unless an applicable exemption from withholding or a limitation on the amount to be withheld is available. To the extent that the cash to be paid over to the Seller at closing is insufficient to cover the Buyer's withholding obligation, the Seller shall provide to the Buyer at closing cash equal to such excess for purposes of making such withholding payment. If the Seller's federal income tax on the gain is less than the applicable withholding amount, the Seller may make advance application to the IRS for reduced withholding and, if granted, the Buyer shall withhold only the authorized reduced amount. If such ruling has not been received by closing, the parties at closing shall enter into an escrow agreement reasonably satisfactory to the Buyer and Seller pending receipt of the ruling, provided that at closing the Seller shall have the obligation to provide to the escrow agent from the closing proceeds (or from the Seller 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: Il)An abstract of title prepared or brought current by a reputable and existing abstract firm (if not existing the~ certified as correct by an existing firm) purporting to be an accurate synopsis of the instruments affecting title to Real Property recorded in the public records of the county wherein Real Property is located, through Effective Date. It shall commence with the earliest public records, or such later date as may be customary in the county. Upon closing of this Contract, the abstract shall become the property ~f Buyer, subject to the right of retention thereof by first mortgagee until fully paid. (2) A title insurance commitment issued by a Florida licensed title insurer agreeing to issue to Buyer, upon recording of the deed to Buyer, an owner's policy of title insurance in the amount of the purchase price, insuring Buyer's title to Real Property, subject only to liens, encumbrances, exceptions or qualification provided in this Contract and those which shall be discharged by Seller at or before closing. Seller shall convey a marketable title subject only to liens, encumbrances, exceptions or qualifications set forth in Contract. Marketable title shall be determined according to applicable Title Standards adopted by authority of The Florida Bar and in accordance with law. Buyer shall have 3D 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 3D days from receipt of notice to remove the defect(s), failing which Buyer shall, within five (5) days after expiration of the thirty (301 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 Is} 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. PUi\SllllBB UeNBY I~GAGBI SBSURr'l'Y ll~SlII' '1'S SBLloBR. A I'tlrehase meee) mertt;fa~e ane msrt~a~e Rete te Seller skall I're.iee fer a 39 sa) ~raee I'eriee in the e ent sf eefsult if a first mert~a~e aAe a l~ ea) ~raee I'erise if SeSSRe er lesser ffiert~a~el sAall I're.iee fer ri~kt ef I':cel'aymeet ie .hele er iR ~art \1ithe"t l'enalt)1 shall ~ermit aeeeleratise iR e.ent sf traRsfer ef the Real rrs~ert)1 skall re~ire all I'risr lieR aRe eRetlmBraeees te ae Itel't in ~ese stansiR~ aRe fsraie meeifieatiens ef sr ftlture ae.aRees tlAeer I'rier ms:ct~a~s (e), shall :ce~ire Btl)er to maintaie I'elieies ef iestlraRee eSRtaiRiA~ a staRsa:ce mertt;fa~ee elatlse ee.e:ciA~ all iml'rs.emento leeatee en the Real Prsl'ert) afj'aiRet fire aRe all I'erils inehlsee ..itfiiR the term "eHtsmlee se.e:ca~s eReersemeRts" aRe ,,"sh etker rislEs aee I'erils as Seller ma) reaseRaBl) :cs~ire, in aR ameuRt e~al te tkei:c hi~kest iAstlraale .alue, aRe tke msrt~a~e, Aete ane see"rit) a~reement shall ae ether;ise ie fSFffi aRe eeRteRt :ce~irse a) Sellerl aut Seller mal eRl) re~ire elatlses euetsmaril) fetlne iR ffiert~a~es, mert~a~e nstes, ane seeu:cit) a~reemeRts ~sRerall) "tiliree E) sa in~ ane leaR instittltisns e:c state eE' natienal Banks lS8atee in tke sStlnt) .hereiR Real Pre~ert) is le=stee. ~ll Perssnsl Pre~ert) aee lsases aeie~ eeR e)ee er aesi~Ase ill, at Seller's sl'tieR, ae Stlejest ts the lien sf a ssetl:cit) a~reement e ieeneee a) reeereee finaReiR~ statemeets. If a aallesR msrt~a~e, tke fiRSl I'a)ment .ill eHeeee tke ~erieeie I'a)ffieets thereee. 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 =onstitute a title defect. 9. _EnS. Bu)er, at Bu)er's e"peRse, .ithiR time alle ee te eeli er e.ieenee ef title aRe te eHamiRe same, ma, ka.e Real Prsl'ert) iRs~eetee B) a Fleriea Certifiee Pest Centrel Operatsr ("0j3eratsr") ts eetermine if the:ce is an) .isiale aeti e termite infestatisn er isiele eHistiR~ eama~e frem termite infestatisn in tke rrsl'ert). If eitker er Beth are fS"Re, Btl)er \ ill ha e 1 ea)s f:csm eate ef ;ritten eetiee the:cesf itkin .hiek ts ha.e eest ef trestment, if re~"iree, estimatee a) the 9~erater aRe all sama~e iRsl'eetee aRe estimatee a) a lieensea atlileer er ~eReral eentraeter. Seller shall I'a) .alie DSstS sf treatment aAe rSl'air ef all eamat;fC tll' te the amStlAt ~re.ieee in rara~ra!,R (a). If estimatee ssets eHeeee that ametlRt, Btl)er ehall ha.e the sl'tien ef saneelin~ tkis CeRt~aet ~s ea)s afteE Yeeei~t sf eSfltyaetey's Ye~aiE estimate S) ~i.ifl~ FitteR Retice te Selley sy B~)Er lOa) eleet ts ~rseeee ~ith the traRsastieR, ane :ceeei.e a ereeit at elss:R~ sn the amStlnt ~rs.ieea iA Pa:ca~ra!,k (a). "Termites" s"all ae eeemee ts ineluse all .eee sestrs)ie~ 6r~anisllls re~tli:cee ts Ee re~srtee tlRee:c the rISrIea Pest Cset:cel ~et, as ameReee. 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. ~S. Seller shall, Hst less thaR 15 ea)S aefsre elesiR~, ftlreish te Btl)er eel'ies ef all .ritteR leases aRe este~~el letters frslll eae~ teRant s~eeif)iA~ tIle Aature aRe euratise ef tke teeaet's eee"l'aRe), rental rates, ae.aneee :cent aee seeHrit) eel'ssits I'aie e) teRant. If Seller is ~eaele ts sataiR stleh letter frem eaek tenaAt, tke same infermatiee sflall as furnisflee a) Seller ts Btl)er ..ithin that time I'eriee iR tke ferm ef a Seller's afficia.it, aRe Bu)er mal tke:ceafter eeAtaet teR3Rts te eeefir-m stlsk iAfe:cmatien. Seller shall, at ele5iA~, eeli er aRe assit;fR all eri~iRal leases te 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. TrMI!:: 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 Dr legal holiday shall extend to 5:00 p.m. of the next business day. T~. is of the essence in this Contract. 5 J. DOCUMI!:NTS FOR CLOSrNG: Seller shall furnish deed, bill of sale, construction lien affidavit, owner's possession affidavit, and corrective instruments. Buyer shall furnish closing statement. 1':.. 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. PRORATrONS; CREDrTS: 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 Dr occupancy if occupancy occurs before closing. Advance rent and security deposits will be credited to Buyer. Escrow deposits held by mortgagee will be credited to Seller. Taxes shall be prorated based on the current year's tax with due allowance made for maximum allowable discount, homestead and other exemptions. If closing occurs at a date when the current year's millage is not fixed, and current year's assessment is available, taxes will be prorated based upon such assessment and the prior year's millage. If current year's assessment is not available, then taxes will be prorated on the prior year's tax. If there are completed improvements on Real Property by January 1st of year of closing, which improvements were not in existence on January 1st of the prior year, then taxes shall be prorated based upon the prior year's millage and at an equitable assessment to be agreed upon between the parties, failing which, request will be made to the County Property Appraiser for an informal assessment taking into consideration available exemptions. Any tax proration based on an estimate shall, at request of either party, be readjusted upon receipt of tax bill on condition that a statement to that effect is signed at closing. M. SPECrAL ASSESSMENT LrENS: 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. I f 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. IT. rNSPBS!I!rGN, IlBl?A1:R NIS I~CB. Selle.. a....ants that, as ef 19 ea)S I':cis.. te elesin~, the eeiliA~, :csef rinsltleiA~ tHe faseia aAe seffits) aAe eHte:der aAe iAterier ,aIls, fetlRelatieA, sea aIls re:c e"l~i.aleAtl aAe eeel'a~e es nst ha e ae) "ISIB!.E E"!EIEI1CE ef leaks, \lateE eama~e sr str~sttlral eall1a~e aRe that the sel3tis taRlt, peel, all al'pliaeees, meeEanieal items, heatiA~, eseliA~, eleet..ieal, 1'1tllneil'1~ s}stems aRe ",askiAer) a..e in U[)!\KIlIC COIlDITIC>>1. The fere~ein~ "arraRt) shall 1ge limitee te the items sl'eeifiee "Aless ether ise I're iE.ee iR an aeeeAeblHl. B~~er mai, at BH)eE'S enpeAse, nawc iaspectisRs maae sf tB6se items 6} a firm eE iasi.isHal spe=ialiEiR~ iR heme iflSl'eetises ane helein~ aA seeu!,atisAal lieeAse fer stlek I'ur!'sse (if re"luireel) er B} aA al'l'rsl'..iatel} lieensee fle..iea eeRtEaete... Btl)e.. shall, !,Eis.. te Eu)e..'s eeetll'ane) e.. eet less tHaR 19 ea)S I':cisr te elssiA~, hiehe.e:c eee~"s fi..st, rel'srt iR \lritie~ te ~eller stlek items tHat ee nst "'eet the alge e staRelarels as te e1efeets. 9nless Etl}e.. timel} rel'e..lS sueh eefests, Etl)er shall ee eeemeel te ha e ai ee Seller's .1arraRties as te eefests eet ..eI'Srtse. If rel'airs e.. ..el'lasemeet aEe ..e"lui:cee ts esml'l} .lith this Stanea..e, Sellsr shall catlse theffi ts Be ffiaee aRe SHall I'al ul' te the _euRt I'..e.ieee in Para~:ca!,h 119). Celler is flSt :ce"ltliree te maJ,e rel'ai..s e:c rel'laeemeAts ef a eesmetie eatu..e anless eausee 19) a eef~elle:c is res!,snsible ts rel'air er rel'laee. If tka esst sf suek rel'air er rel'lasement ,,,,,,eeels the affieuAt I'rs. ieee iR Para~ral'h (19), Suye:c e:c Seller mal elest te I'a} stlsk eBsess, failiR~ "hieh eitker l'aEt} ma) eaA"el tkis CeRt>'aet. If seIIel; is tlAa191e ts eeEreet tHe eefeets I'risr te s1esiR~, the eest the..eef shall 1ge I'aie iRte esere~ at elesiA~. ~eller shall. tll'SA reassea191e nstiee, I're iele tltilities ser iee aRe assess ts the PEel'eEt) fsr iRs!,estieRs, in"lueiR~ a Jalk thretl~h I'risr ts elssin~, te sSAfirm tkat all items ef PeEssAal Pre!,e:ct) are sn tke Real PrSl'eEt} ane, stlsjest te tka fere~siA~, that all re"luiEee Eel'airs ane Eel'laeements ha e 1geen maele aRe that the PESl'eEt), ineltleliR~ btlt flSt limitee te. la .R. skrulgeer) aAe !,eel, if ae), has 1geee maiRtaiRee iA the eel'1e1itisA eHistiA~ as ef Effeeti.e Sate, ereiRa:c) .ear aRe tea:E eHee}3teei. O. nlSE OF LeSS. If the Prs!,ert) is e1ama~ee 19) fi..e SE etke.. easaalt) Befere "lssin~ aRe esst ef rests:catisA eess Ret elleeee 3~ sf tke assessee .aluatien ef tfle Prel'ert) ss eama~ee, esst ef resteratiee shall 1ge aA eBli~atisA ef the Seller aAe elssiR~ shall !,reeeee I'tl..StlaRt ts the te..ms ef Csetraet ith ..este:catisR essts eseEe leel at elesiA~. If tke eest ef resteEatieA elleeees 3~ ef the assessee aluatise sf tke impEe emeets ss e1affia~eel, Stl)e.. skall ha.a tke sl'tiee ef either takin~ Prel'art) as is, te~sther ith eithe.. the 3~ e:c aA) iestl..aRsa I'..eeeees I'a)asle 19) 'i:ctue ef suek less er eama~e, er ef eaA"eli~~ CeRtraet aAe reeei iA~ ret~rA ef eel'esit(a). P. PROCEEDS OF SALE; CLOSING PROCEDURE: The deed shall be recorded upon clearance of funds. If an abstract of title has been furnished, evidence of title shall be continued at Buyer's expense to show title in Buyer, without any encumbrances or change which would render Seller's title unmarketable from the date of the last evidence. All closing proceeds shall be held in escrow by Seller's attorney Dr 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 Is) 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. 2. ESGnSW. hn) ese..e, a~eet I.~") ..eeei.ie~ ftlRes e.. e"l~i aleRt is authsrieee aRe a~rees I9l aeeel'tanee ef theffi ts ee!'seit them I'reml'tl), flele same iA eee..e aRe, stll9jeet te elearanee, e1isl9u:cse them in aseereanee itk terffiS afle eSAeitiens ef Ceet..aet. Failu..e ef elea..aflee sf fUReS ehall Aet eHetlSe E~)er's I'e:cfermanee. If iR eetlst as te ~~eRt's a~tie5 BE liaailities ~5aEE the ~L6~i6ieRs sf CSHtraetr ~~cnt mai, at ~~cnt's e~ti8R, e6Rtifl~e te kele tke sUBjeet matter ef the ese..s I until the !,a:cties Rerete a~:cee te its eisstlEsemeRt, er tlRtil a jtle~ffient ef a eetl..t ef eem~steAt ju..ieelietien skall eete..mine the ..i~hts sf tfle I'a..ties s:c ~~ent ma} es!'ssit itk the ele:cl, sf the ciLe~it ee~rt ha.iR~ j~_isaieti8fl sf tfic ais~~te. BpSfl fl6tif)iR~ all parties c6flceER~a sf s~ch aetisfl, all 6 lia~ilit) ee the I'art ef A~ent skall ftlll) te:cmiRate, eHsel't te tke eHteRt sf 6see~ntin~ fer an) items I're ietlsl) aeli eree Stlt ef esere.. If a lieeRsee real estate ~rsJ'e:c, A~ent ill eeml'l) .ith ~:ce.isisRS sf CRal'te:c 17~, f.8., 6S ameAeee. Ae) stlit ~et..eee B~)er aRe Seller kere \~eAt is msee a ~a:ct) ~eeatlse sf aetin~ as ~~ent hereuneer, er iR aA) s~it ..herein ~~eflt iAterplcaas tHe sBsjcet ffiatte~ sf tRE cssrs , ~gCflt shall ECC6.cr rE3Geflable atterAE)s' fees ana eeets iRetlrree \ ith these ametlnts te ee paie f:csm ane etlt sf tfie Dsere ee f~Ree er e~ui.alsnt aee skar~ee aRe a.a:ceee as eetlrt eests iR fa.er sf the I're ailiR~ I'a:ct). ~he A~DRt sfiall net Be liaBle te aR) part) e:c I'ersen fer ffiisBcli er) te Cu}cr SF Seller sf itCffiS sUBject ts tkis eaere., unless 3~CA miaaeli er) is a~e te illf~l breaek ef Centraet er ~ress RD~li~eRcs sf A~ent. R. ATTORNEY FEES; COSTS: In any litigation, including breach, enforcement or interpretation, arising out of this Contract, the prevailing party in such litigation which, for the purposes of this Standard, shall include Seller, Buyer, and any brokers acting in agency or nonagency relationships authorized by Chapter 475, F.S., as amended, shall be entitled to recover from the non-prevailing party reasonable attorney's fees, costs, and expenses. S. FAILURE OF PERFORMANCE: Except as provided in Paragraph XII, if Buyer fails to perform this Contract within the time specified (including payment of all deposit(s)), the deposit(s) paid by Buyer and deposit(s) agreed to be paid, may be recovered and retained by Dr for the account of Seller as agreed upon liquidated damages, consideration for the execution of this Contract and in full settlement of any claims; whereupon, Buyer and Seller shall be relieved of all obligations under Contract; or Seller, at Seller's option, may proceed in equity to enforce Seller's rights under this Contract. If, for any reason other than failure of Seller to make Seller's title marketable after diligent effort, Seller fails, neglects or refuses to perform this Contract, the Buyer may seek specific performance or elect to receive the return of Buyer's deposit(s) without thereby waiving any action for damages resulting from Seller's breach. T. CONTRACT NOT RECORDABLE; PERSONS BOUND; NOTXCE: 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. ~XES: 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 JJJ I \ \ \\ e-- f--- e-- ~ \ \ \ f--- N.W. f--- '-- ?ND N.W. 2ND ST. - r--- - ST. I I I .- r----- - I W ~ - I- :: > <( <( I I- I- I- ~ 01- I - \ \ ~ - AN I--- I II \ ST. - / II II - \ ~ I II IL- - \ \ -- ~~ I I e-- I l- e-- I I::: I Ir '--- -- N.W. 1ST ..--- ,-- I-- .- - ,.-- ~~ f----- - - ~~ ./ - - s= s= - r-- .- -. .1--- -z :i - ~ I---- ~ ~ I--- =r:::: - - - :i - Z I--- Z - - - - I---- r--- !---- \ - - !---- - !---- - - !---- \ - '--- II [[ill[[ill OIJJID DO .-... ~ ~A TLAN TIC A VENUE j .. I I - i-----'" A T L A N TIC I- ~/ [illill[[[) rnIIillIilll- [ ~ 7 GA TEWA Y MINI PARKS II r-- r-- W W Is! I---- I--- W > > / <( IOO<XXJ I <( <( t---- r-- <( W > J ~~ .... r--- I--- ..: l' r--- f--- ""- ". ~ .- ..... f--- f--- '--- '--- S.W. / :r: l- I OJ I I FE I I l- I- l- I I :: I") ~ I- ~ 0 I ~ - - I - - - - - - - - - - s= b vi - - - - - - - - - - - - - - -- S.W. - - \ J [ ~~ - - <( - - 7~ I I - s= I--- f--- s= s= s= f--- ~ s= I - vi I--- I--- vi vi vi vi / f--- r--- vi r----- I- I--- r--- r----- - to- f--- t---- \.~ N LOCATION MAP PROPERTY TO BE TRANSFERED TO THE DELRAY BEACH COMMUNITY LAND TRUST, INC. CITY OF DELRA Y BEACH, FL PLANNING'" ZONING DEPARThtENT -- DIGITAL BASE MAP SYSTEM -- PCN: 12-43-46-17-18-002-0130 ?;3""O'P ~. ~(!. 28 Boca RatonlDelray Beach News - Monday, June 26. 2006 . www.bocanews.com 100 ANNOUNCEMENTS 10] L\ [;.d \I)tices NOTICE oF INTENT TOlRANSFEIIISEU REAL PROPERTY NOTICE IS HEREBY GIVEN that the City of O&lray Beach, Florida. an- nounces its intention leT transfer/sell cert~in real properties tor affordable housing ptrposes as part of the Com. munity Land Trust, more - partia.JIarly described as follows lO't 1, Block 38, Sub(fi\lision ot Soutn Halt (112) of Block 38 aM SUbdivisiOll ot North Half (112) of Brock 39. Tl!.WJl of linton, a::eordmg to' the map Dr plal thereol as recorded In Pial Book 11. Page 3..4, Public Records ot Palm Beach County, Rorida. Lol 1" mock a Tourisl Nook. accon:l. ing 10' the map or plat th&reol as reo coroed in Pial Book 1" Page 47. Pub- lic A.cords of Palm Beacn County,' Florid3 lot 13, Block 2', A1lanlic Gar<lens. ac- ~on'ln9 10 the map or pial thertof as record~d in Plat BO<lk U, Page 56, Public RecorlUi 01 Palm Buch CountY. FlQrida. lO'I 23, Carve!. Squ.are, according !o the m~ or pial. f~ereof as recorded In Plat Book 2", -Page 11, Public Records of Palm Beach County, Flori- .a lot 54, Sunset Park, according 10 IlIe map or pfal lllel'eof as recorued n Plat Book 12; Page 85, Public Records Of Palm Bea:h eounrv. FIorDa. lot 55, Sunset Park, according to the map or ptar thereot as r~orded il PIal Book 12, Page 65. Public Records 01 Palm 8each County, fiorD! TIle South U ,.., or fill Horlh 254 feet (J( the EasLI35 feet of Block 31, Map 01 lhe Town of Union. florida, .a<:cordi1g to the map or pla,t 1her~ol recoroaf i1 Ptat Book I, Pa9& 3 of the Public Records 0'1 Palm Beach Count}l, Aorkla Th. abOYe being lhe real prop.rty described under Tax: Cerbflcale 11650. ifIlhe Tax Deed r&- corded in Offk:laf Record Book 11980, Page 1590, Public Records of Palm &.achCoooty,fIorkta. Olher ferms Of Iht transfer/sale ,a,. containetl In th. Contracts for Sale and Purchase- be-tween the City am:! Ihe Communlly land Trust. Resolu~ lions 011he Citf ComniSSiOtl aulh(l'l"- izlng the translerl.saJe of real proper- ties incorporating lhe terms aM con- tIlions lhereof, wi" be consldeftd al a public beamg to be hekl on Julf 11, 2006 at 7:00 p.m. at CItV Hall, 100 NW. tst ^Mnue, Delr~ Beach, Flor- ",a CtTY OF DElRAY BEACH, A...ORIOI. BV. Cheyelle D. Nubi'l CityOerk Publish. The Boca RatonlDelray Beach News U<>1daj< JlJ1e19. 2000 Mond.~ JlJ1e 26. lOre ea'1. O{t!Lt4,,--<--' cc (! t4 o! CL{;~ 28 Boca RatonlOelray Beach News - Monday, June 19, 2006 . www.bocanews.com ?::/ D \P ~_?i 100 ANNOUNCEMENTS 101 Legal ~otices NOTICE OF INTENT TO TRANSFERlSElL REAL PROPERTY NOTICE IS HEREBY GIVEN lI1al the City of Oelray Beach, Florida, an. nounces its intention to transfer/sell certain real properties lor affordable housing purposes as part of the Co~ munily Land Trust. more particularly described as follows: lot 1. Block 38. Subdivision at South Hatt (112) 01 Block 38 aol;1 SubdiVision of North Half (112) m Block 39. Town of Unton. according to the map or plat thereof as reCorded in Plat Book 11. Page 34. _ Public Records of Palm Beach County. Florida.- lot 11. Block B. Tourist Nook. accord- ing to the map or plat thereof as reo cor<led in Plat BooIo: 11. Page 47. Pub- lic Records of Palm Beach County Florida lot 1:5. Block 2. AlIanlic GardenS. ac. C(l(ding 10 the map or plat thereof as 101 Legal Notices fecO/dad in Pial Book 14. Page 56 Public Records 01 Palm Beach County, Florida Lot 23. Car'l'er Square. according to the map Of plat thereof as recorded in Plat Book 24. Page 11.. Public Records of Palm. Beach County. Flori- da. lot 54. Sunset. Park. according to the map Of plat thereOf as recorded in Plat Book 12. Page 65. Public Records of Palm Beach Col.I1ty. Florida Lot 55. Sunset Parle according ta the map or plat thereof as recorded. in Plat Book 12. Page 65. Public Records 01 , Palm Beach County. Ronda The South 40 leet 01 the North 254 feet of the East 135 feet 01 Block 31 Map 01 the Town of Unton.'Florida. according to the map or plat thereof recorded in Plat Book 1. Page 3 of the Public Records 01 Palm Beach County. Florida. The above being. the real prope.rty described under Tax Certificate 11650. in the Tax Deed re- co<<:Ied in Official Record Book. 11980 Page 1590. Public Records of Palm Beach County. Florida. Other terms of the transfedsale are contained in the Contracts for Sale and Purchase between the Ci1y and the Community land Trust. Resolu- tions of lhe Ci1y Commission author- izing the transfer(saleof real proper- ties incorpolatin.g the tefms and con- ditions thefeot. wiU be considered at a public hearing 10 be hetd on July 11 2006 at 7:00- p.m. at City I-Iall. 100 N.W- 1st Avenue. Delray' Beach. Aor- ida CITY OF DELAA'( BEACH. FLOAIDA By CheVelte D. Nubin 101 Legal Notices CityCIer1i. Publish: The Boca RalonlDelray Beach News Monday. June 19. 2006 Monday, June 26, 2006