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Res 35-06 RESOLUTION NO. 35-06 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRA Y BEACH, FLORIDA, AUTHORIZING THE CITY SEll TO BUYER CERTAIN REAL PROPERTY IN PALM BEACH COUNTY, FLORIDA, AS DESCRIBED HEREIN, HEREBY INCORPORATING AND ACCEPTING THE CONTRACT STATING THE TERMS AND CONDITIONS FOR THE SALE AND PURCHASE BElWEEN THE BUYER AND THE CITY OF DELRA Y BEACH, FLORIDA. WHEREAS, the City of Delray Beach, Florida, wishes to sell certain property located on the east side of SW 1 Oth Ave. approximately 250' south of SW 10th Street, Delray Beach, Florida; and WHEREAS, the Buyer hereinafter named desires to buy the property hereinafter described from the City of Delray Beach, Florida; and WHEREAS, it is in the best interest of the City of Delray Beach, Florida, to sell said property. NOW, THEREFORE, BE IT ORDAINED 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 sell to Southern Development Services, Inc., as Buyer, for the purchase price of Thirteen Thousand Two Hundred Fifty Three Dollars and 00/100 cents ($13,253.00), said property being described as follows: See Exhibit "A" attached hereto. 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 as Exhibit "B". II 2006. PASSED AND ADOPTED in regular session on the 15th day of August, ~lLA- OR "- A TrEST: ~,.. ~~~.\:J~.~~ City Clerk 2 Res. No. 35-06 .' CONTRACT FOR SALE AND PURCHASE I PARTIES: The CITY OF DELRAt BEACH, FLORIDA, a Florida municipal corporation ("Seller") , c/o 200 N.W~ 1st Avenue, Delray Beach, Florida 33444 (Phone: 243-7090) and SOUTHERN DEVEDOPMENT SERVICES, INC., a Florida corporation (Phone: (561) 278-3100), ("Buyer", hfreby agree that the Seller shall sell and Buyer shall buy the following desdribed Real Property and Personal Property (collectively "Property") upon the f~llowing terms and conditions, which INCLUDE the Standards for Real Estate Trans ctions ("Standard(s)") on the reverse side hereof or attached hereto and rider and any addenda to this Contract for Sale and Purchase ("Contract"). I. DESCRIPTION: See Legal description attache hereto as Exhibit "A" II. PURCHASE PRICE $ 13,253.00 III. TIME FOR ACCEPTANCE; EFFECT DATE; FACSIMILE: If this offer is not executed by and delivered to all p rties OR FACT OF EXECUTION communicated in writing between the parties on or be ore September 1, 2006 this offer withdrawn. The date of ontract ("Effective Date") will be the date when the last one of the Buyer and t e Seller has signed this offer. A facsimile copy of this Contract and any sign tures thereon shall be considered for all purposes as originals. IV. TITLE EVIDENCE: Wi thin thirt Contract, (CHECK ONLY ONE): Sel Buyer or Buyer's attorney; OR--X B ONLY ONE) : abstract of title-or- copies of instruments listed as exce an owner's policy of title insuranc V. CLOSING DATE: This transact on shall be closed and the deed and other closing papers delivered no later t an November 1, 2006. (30) days from the Effective Date of this er shall, at Seller's expense, deliver to yer shall at Buyer's expense obtain (CHECK X title insurance commitment (with legible tions attached thereto) and, after closing, VI. RESTRICTIONS; EASEMENTS; LIMI ATIONS: Buyer shall take title by Special Warranty Deed subject to: land use plans, zoning, restrictions, prohibitions and other imposed by governmental authority; restrictions and matters on the plat or otherwise common to the subdivision; public utility easeme ts of record (easements are to be located contiguous to Real Property lines a d not more than 10 feet in width as to the rear or front lines and 7-1/2 fe t in width as to the side lines, unless otherwise stated herein); taxes for ear of closing and subsequent years; assumed mortgages and purchase money mor gages, if any (if additional items, see addendum); provided that there exis s at closing no violation of the foregoing. VII. OCCUPANCY: Seller warrants t ere are no parties in occupancy other than Seller; Seller shall deliver occupa cy of Property to Buyer at time of closing. VIII. TYPEWRiTTEN OR HANDWRITTEN I PROVISIONS: Typewritten or handwritten provlslons, riders and addenda sha~l control all printed provisions of this Contract in conflict with them. ! IX. ASSIGNABILITY: wherein Jim Zengage liability under this under this Contract; (CHECK ONLY ONE): Buyer (1) X may assign to a company is a principal and thereby be released from any further Contract; may assign but not be released from liability or ____ may not assign this Contract. X. DISCLOSURES: Page 1 of 7 ~ (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: BEACH SOUTHERN DEVELOPMENT SERVICES, INC. CITY OF j)-(} 0 t? Date B~~ Q.<.. 1:!i.rx- ~~ Date 'Pnl,6,o",,; Social Security 611. "'1.a 2220 or Tax ID No. '"1 (Y\ :::.;> Prin ~~.~ ~~ Page 2 of 7 E ADDENDUM TO CONTRACT FOR SALE AND PURCHASE SELLER: CITY OF DELRAY BEACH, FLORIDA BUYER: SOUTHERN DEVELOPMENT SERVICES, INC. PROPERTY ADDRESS: vacant property located on the east side of SW 10th Ave. approximately 250' south of SW 10th Street, Delray Beach, Florida XI. SPECIAL CLAUSES; ADDENDA (Continued): A. FOREIGN INVESTMENT IN REAL PROPERTY TAX ACT ("FIRPTA"): The parties shall comply with the provisions of Internal Revenue Code Section 1445 and applicable Treasury Regulations issued thereunder. If the Seller is a U.S. person for Internal Revenue Code Section 1445 purposes, then on demand of the Buyer and prior to closing the Seller shall provide the Buyer with a certificate of non- foreign status in the manner provided in Treasury Regulations Section 1.1445-2. If the Seller provides the Buyer with such certificate, and if the Buyer is otherwise permitted to rely on such certificate under those Regulations, the Buyer shall not withhold under Internal Revenue Code Section 1445. If the Seller is a 'foreign person' as defined by the Internal Revenue Code, the Buyer generally is required to withhold 10% of the gross sales price from the Seller at closing and to pay the withheld amount over to the Internal Revenue Service (IRS) unless an applicable exemption from withholding or a limitation on the amount to be withheld is available. To the extent that the cash to be paid over to the Seller at closing is insufficient to cover the Buyer's withholding obligation, the Seller shall provide to the Buyer at closing cash equal to such excess for purposes of making such withholding payment. If the Seller's federal income tax on the gain is less than the applicable withholding amount, the Seller may make advance application to the IRS for reduced withholding and, if granted, the Buyer shall withhold only the authorized reduced amount. If such ruling has not been received by closing, the parties at closing shall enter into an escrow agreement reasonably satisfactory to the Buyer and Seller pending receipt of the ruling, provided that at closing the Seller shall have the obligation to provide to the escrow agent from the closing proceeds (or from the Seller's other resources if necessary) cash equal to the maximum required withholding, with any excess withholding being refundable to the Seller upon receipt of a favorable ruling from the IRS. Buyer and Seller understand that the IRS requires the Buyer and the Seller to have a U.S. federal taxpayer identification number and to supply that number on the foregoing forms. A foreign individual may acquire an International Taxpayer Identification Number for this purpose. Since it may take several weeks to receive the number after application and the IRS will not process these forms without the actual number, a party lacking a TIN is advised to apply immediately. B. The Buyer shall have thirty (3D) 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 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. Page 3 of 7 ~ SELLERS' INITIALS: \ BUYER'S INITIALS: ~ Page 4 of 7 ~- STANDARDS FOR REAL ESTATE TRANSACTIONS A. EVIDENCE OF TITLE: (l)An abstract of title prepared or brought current by a reputable and existing abstract firm (if not existing then certified as correct by an existing firm) purporting to be an accurate synopsis of the instruments affecting title to Real Property recorded in the public records of the county wherein Real Property is located, through Effective Date. It shall COmmence with the earliest public records, or such later date as may be customary in the county. Upon closing of this Contract, the abstract shall become the property of Buyer, subject to the right of retention thereof by first mortgagee until fully paid. (2) A title insurance commitment issued by a Florida licensed title insurer agreeing to issue to Buyer, upon recording of the deed to Buyer, an owner's policy of title insurance in the amount of the purchase price, insuring Buyer's title to Real Property, subject only to liens, encumbrances, exceptions or qualification provided in this Contract and those which shall be discharged by Seller at or before closing. Seller shall convey a marketable title subject only to liens, encumbrances, exceptions or qualifications set forth in Contract. Marketable title shall be determined according to applicable Title Standards adopted by authority of The Florida Bar and in accordance with law. Buyer shall have 30 days, if abstract, or S days, if title commitment, from date of receiving evidence of title to examine it. If title is found defective, Buyer shall, within 3 days thereafter, notify Seller in writing specifying defect(s). If the defect(s) render title unmarketable, Seller will have 30 days from receipt of notice to remove the defect(s}, failing which Buyer shall, within five {S} days after expiration of the thirty {30} day period, deliver written notice to Seller either: (I) extending the time for a reasonable period not to exceed 120 days within which Seller shall use diligent effort to remove the defects; or (2)requesting a refund of deposit(s) paid which shall immediately be returned to Buyer. If Buyer fails to so notify Seller, Buyer shall be deemed to have accepted the title as it then is. Seller shall, if title is found unmarketable, use diligent effort to correct defect(s) in title within the time provided therefor. If Seller is unable to timely correct the defects, Buyer shall either waive the defects, or receive a refund of deposit(s}, thereby releasing Buyer and Seller from all further obligation under this Contract. B. POJlGIIl\BB HGImlC )Ql.!l'Gl\GBl SIl~H JlQlBIilMDftP '19 ~'-I A fJlHrehase lIleRe) lIlertlJalJe aRe msrtlJalJe Rete te Beller shall I'Fe.iEie fer a 39 Eia~ lJraee fJleriea iR the oveRt of eefault if a first lIlartlJalJe aRe a 15 aay lJraeo fJleriee if SeeaREi ar lesser lIlertlJalJe, shall I're.iee fer rilJht ef fJlrefJlaymeRt iR "kele ar iR fJlart llitkout l'eRalt)1 shall I'ermit aeeeloratieR iR eveRt ef traRsfer af the Real Prel'ert), sRall re~uire all fJlrier lien aRe eneumBraRees te ae f,efJlt iR lJeaa stanaiR~ aRa forBie maaifieatiena of er ftltHro aavaReea uftEier I'rier mortlJalJe(s)1 skall ro~uire Bu)er te maiRtaiR fJlelieios af iRBuraRee cSRtaiRiRl) a staAaara mertl)alJee elaHse eeveriRlJ all i~revelllents leeateEi en the Real ProfJlert) alJaiRst fire ana all I'orils iReltleea "ithiR the term "enteeeoa ee.eralJe eREiersemeRts" anEi stlch eteer ris],s aAe fJlerils as Bollor may roassRaal) re~uire, iR aR affieuRt o~ual te thoir ei~hest iRsuraale .alue, aRa teo mert~alJe, Rete aRa soeHrit} alJreemeRt Sk31l Be ether.lise in ferm aRe oORteRt re~irea B) Beller, But Bellor ma) onl) re~ire elatlses elistemaril} fouREi iR mertlJalJes, mertlJal)o Retes, aRa seotlrit~ alJreemsnts lJeAsrall) utili2ea B) saviRlJ aRa leaR institutiees er state ar Ratieeal aaRlEa laeatea iR the eeunt) nhereiR Real PrefJlert} is laeatea. All PerseRal PrefJlert) aRa leases aeiRlJ een. e} ea er assilJnee \till, at Beller's optieR, ae suajeet to the lieR af a seeurit) alJreemeRt eviEisnesa B) roeoraee finaReiR~ statemsRte. If a aalleeR msrtlJalJo, the fiRal fJlayBIeRt .ill oneeee tho fJlerieaic l'aYlllents theresR. 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. D. RIIK['1'B8. Bu} er, at Bli) er' s e"l'eAse, llithiR time alle.lea te aeliver eviEience ef title aAa te enaJlliRe SaBle, Hla} have Real PrefJlert) iRSfJleetea a) a Floriea CertifieEi Pest Centrol GfJ'eratar ("Sperater") te eetermiRe if there ie an~ visiale aeti.e teFmite iRfeetatieA er .isiale ellistiRlJ eamalJe frem teFlllite iRfestatioR iR tec PrSfJlert1' If either eF Both are fsanEi, Bu)er "ill have 1 Ela)S frem aate ef "ritteA netiee the reef uithiR '.hieR te have eest ef treatlllcet, if Fe,!uireel, estimatea a) the Speratar ane all <iaftlalJe iASfJleeteel aAEi estimateEi B) a lieeReeEi Btlil~er or lJeAeral eentraetar. Eeller geall ~a) valia eests ef treatmeRt aReI rel'aiF sf all aalllalJe u~ ta the affieuAt I'ro~iEieel in ParalJ:ca~h (a). If estilllateel eests enceea that amouRt, B~)er shall have the optieR of caneeliAlJ this CeRtraet .lithiA 5 aa)s after re~ef eORtraetor's rel'air estimate a1 lJi~iRlJ ,ritten Retiee te Beller er Blijer may eleet te fJlroeeeEi ..ith tee tran9actien, aAa reeehe a ereait at clesiRl) OR thE) ameuRt pro~ielee iR ParalJrafJlh (a). "TeE!lites" ohall ae Eieemea te iRel~ee all ,eeel aestroliRlJ erlJaRiSllls re~liirea te ae rel'srteEi tlRaer thE) YleriEia Pest CeR~Aet, as ameaaee. 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. LBA8B8. Beller shall, Ret less thSR 1& ea~s aefore eleeiRlJ, ftlrRisR ts Bli1er eafJlies af all .{Fitten leases aAEi est~~el letteFs frem eaek teftaAt speeif)iAlJ the Rature aAa auratioe ef tee teRaAt's eee~~aae}, reAtal rates, aa.aReeEi rent aRe seeurity aefJlesits I'aia B) teRant. If Beller is aeaale te eataie saeh letter frem eaeh tenaRt, the same iefeFmatieR shall Be furnisheEi BY Beller te Buyer "ithiA teat time I'eriea ie the fOFlll ef a 8eller'e affiaa7it, aRa BuyeF ma~ thereafter eontaet teeantB te eanfiFlll sash iRfermatieA. BelIeF BAall, at elosiRlJ, Eieli.er aAa aSSilJR all erilJinal leases te Bu)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 materiabnen in addition to Seller's lien affidavit setting forth the names of all such general contractors, subcontractors, suppliers and materialmen and further affirming that all charges for improvements or repairs which could serve as a basis for a mechanic's lien or a claim for damages have been paid or will be paid at closing of this Contract. H. PLACE OF CLOSING: Closing shall be held in the county where Real Property is located, at the office of the attorney or other closing agent designated by Seller. I. TIME: In computing time periods of less than six (6) days, Saturdays, Sundays and state or national legal holidays shall be excluded. Any time periods provided for herein which shall end on Saturday, Sunday or legal holiday shall extend to S:OO p.m. of the next business day. Time is of the essence in this Contract. J. DOCONBNTS FOR CLOSING: Seller shall furnish deed, bill of sale, construction lien affidavit, owner's possession affidavit, assignments of leases, tenant and mortgage estoppel letters, and corrective instruments. Buyer shall furnish closing statement, mortgage, mortgage note, security agreement, and financing statements. K. EXPENSES: Documentary stamps on the deed and recording corrective instruments shall be paid by Buyer. 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. PRORATIae; CREDITS: Taxes, assessments, rent, 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 Page 5 of 7 S2- 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. Buyer shall be responsible for any and all taxes due before or after the sale. M. SPECIAL ASSESSMENT LrENS: Certified, confirmed and ratified special assessment liens as of date of closing (not as of Effective Date) are to be paid by Buyer. Peaeia", lieas as sf date ef clesia", shall Be ass_eel B~ BIi)eF. If the imllFeveRleat has Beea eliBetaRtiall) eempletea as af Effeetive Bate, aR) I'Baaia", liea shall be esasiaeree as eeFtifiea, eeafiFmea eF ratifiee aAe SelleF shall, at elssiR"" Be char",ee aa aJIlsuet e~al ts the last estimate sf assessment fa:c the impFs.eRleRt B~ the publie BSa). N. 1HSPBC~IQN, RB~AIR AND l~~JSBI CelleF laFraats teat, as af 19 aays ",Fier ts elasia"" thB seiliA"" Fsef (iasltleiA", the faeeia aRe seffite) aAe eute:deF aae iAteFisF '"alls, feuaeatisA, sea.lalls (er eEjuivaleatJ aAe aeel<aEje ee Ret eave aa) VHlIBLE EVIBENCE sf leal,s, 'later eaHta",e SF stFliettlral elamaEje aaa that the sefltis taRI" I'esl, all allllliaRees, meehaaieal items, heatiaEj, sselia"" eleetFical, ",lamaiR", s)stsms aael maeRiaeFY aFe ia WORKI}~ CONBITION. The faFeEjeiaEj 'arFaat) shall Be limatee ts tee items speeifieel linlese sthe~lise I'Fe.iesel iR aR aeleeaaHRI. BtI)eF RIa), at BIi)eF'S enl'ease, have iAalleetieas maas sf these items b) ~ f~~ ~~ iHEii.ialial slleciali2iR'" iR keRle iAspeetisas aREI halaiaEj aa aeeupatieaal liesaee faF sush purl'Bse (if re~iFee) eF b) aA apl'r6!lFiately lieeaeea FleFiela eoatracter. Bu)er shall, flrieF ta BIi)eF'S sesullaac) sr aot lees tkaa 19 Bays I'riaF te clssia"" ,ffiiehe.eF seslirs fiFet, repsFt ia ,lritiAEj ts Celler sush items teat BS RSt Rleet the aee.e staeBa:cde as te eefeets. Unlese Bu)er tiRlsl) Fel'OFte elieh eefeets, BIi)eF shall Be eleeRled ts have "aived Seller's \.aFraaties as te esfeets aat repartee. If reflairs er Fel'lae8Hlent are reEjUiFea te eempl~ .,ith this Ctaaeard, Seller shall eaese them ts Be Rlaele aaa shall I'a) iiI' ta the aHIetlat pFe.idea ia ParaEjFallh _____ ~~~. Celler is ast rSEjliiFee ta malEe repaiFs SF relllaeemeats sf a cSSffietie natuFe uAlese caased B~ a eefeet Celler is reepsasil3le ts Fepair SF Felllace. If the esst af sueR repair SF rel'laeeHleat eneeeEls the amsunt I'Fs\ieee iR Para",rape (13), BUler sr Seller m:~ :~:ct ts I'a) sueR el!eess, failiaEj ,hieh eitheF ",art) ma) eaaeel this Csatruet. If Seller is tlaable te ~et the elefeets ",rier t~ :l:~~~: the eest theresf shall Be ",aiel iats escrel at sleeiR",. Seller seall, apee reassaa131e Rstise, I'rsviee utilities seF\"iee aReI aseese te the Prsllerty fsr iAs",eetisRs, ieslueiR", a 'all, threu",h prisr ta elssiAEj, ts eaefiFHl that all items ef PeFssaal Prel'eFt) are sa the Real Prsl'eFt) aRa, sUBjeet ts the fereEjeiR"', that all FeEjuiree repaiFs aaa replaeemeate eaJe Beee maee aaEl that the PrepeFt), iAellieiA", But aet limitea te, la,m, shrUBBery aae I'esl, if aA), has beeA maiataiaee ia the eeaeitisa enistia", as ef Effeeti7a Bate, sFaiaaFY ,.eaF aHEi teaF eneeptea. O. RISK OF LOSS: If the Property is damaged by fire or other casualty before closing and cost of restoration does not exceed 3% of the assessed valuation of the Property so damaged, cost of restoration shall be an obligation of the Seller and closing shall proceed pursuant to the terms of Contract with restoration costs escrowed at closing. If the cost of restoration exceeds 3% of the assessed valuation of the improvements so damaged, Buyer shall have the option of either taking Property as is, together with either the 3% or any insurance proceeds payable by virtue of such loss or damage, or of canceling Contract and receiving return of deposit(s). P. PROCEEDS or SALE; CLOSING PROCEDURE: The deed shall be recorded upon clearance of funds. If an abstract of title has been furnished, evidence of title shall be continued at Buyer's expense to show title in Buyer, without any encumbrances or change which would render Seller's title unmarketable from the date of the last evidence. All closing proceeds shall be held in escrow by Seller's attorney or other mutually acceptable escrow agent for a period of not more than 5 days after closing date. If Seller's title is rendered unmarketable, through no fault of Buyer, Buyer shall, within the 5 day period, notify Seller in writing of the defect and Seller shall have 30 days from date of receipt of such notification to cure the defect. If Seller fails to timely cure the defect, all deposit(s) shall, upon written demand by Buyer and within 5 days after demand, be returned to Buyer and simultaneously with such repayment, Buyer shall return Personalty and vacate Real Property and reconvey the Property to Seller by special warranty deed and bill of sale. If Buyer fails to make timely demand for refund, Buyer shall take title as is, waiving all rights against Seller as to any intervening defect except as may be available to Buyer by virtue of warranties contained in the deed or bill of sale. If a portion of the purchase price is to be derived from institutional financing or refinancing, requirements of the lending institution as to place, time of day and procedures for closing, and for disbursement of mortgage proceeds shall control over contrary provision in this Contract. Seller shall have the right to require from the lending institution a written commitment that it will not withhold disbursement of mortgage proceeds as a result of any title defect attributable to Buyer-mortgagor. The escrow and closing procedure required by this Standard may be waived if title agent insures adverse matters pursuant to Section 627.7841, F.S., as amended. Q. ESCllOIf: Any escrow agent ("Aqent") receiving funds or equivalent is authorized and agrees by acceptance of them to deposit them promptly, hold same in escrow and, subject to clearance, disburse them in accordance with terms and conditions of Contract. Failure of clearance of funds shall not excuse Buyer's performance. If in doubt as to Agent's duties or liabilities under the provisions of Contract, Agent may, at Agent's option, continue to hold the subject matter of the escrow until the parties hereto agree to its disbursement, or until a judgment of a court of competent jurisdiction shall determine the rights of the parties or Agent may deposit with the clerk of the circuit court having jurisdiction of the dispute. Upon notifying all parties concerned of such action, all liability on the part of Agent shall fully terminate, except to the extent of accounting for any items previously delivered out of escrow. If a licensed real estate broker, Agent will comply with provisions of Chapter 475, F.S., as amended. Any suit between Buyer and Seller where Agent is made a party because of acting as Agent hereunder, or in any suit wherein Agent interpleads the subject matter of the escrow, Agent shall recover reasonable attorneys' fees and costs incurred with these amounts to be paid from and out of the escrowed funds or equivalent and charged and awarded as court costs in favor of the prevailing party. The Agent shall not be liable to any party or person for misdelivery to Buyer or Seller of items subject to this escrow, unless such misdelivery is due to willful breach of Contract or gross negligence of Agent. R. ~U5V FBBSI GQS~SI 1ft aft) liti",atien, iftelMeiR~ BFeaeh, eRfsFeeRleat eF iateFllFetatisft, aF~s~a~ Slit ef this CeAtFBet, tee prevailiA'" paFty ift SlieR litiEjatisft ,ffiioh, fSF the pUFlleses sf this CtaRaarel, SRall iaeltlae SelleF, Bu~eF, ana aa~ ~:sl'::B ~::~~? ~~ a~eftey e~ ftsfta~eaey Felatieashi~s autheFi2ea B) ChapteF 178, F.C., as amenaes, shall Be eatitlee te reeeJeF fFeRl the ASft I'Fevailinq l'aFt~ !:eaesftaBle atterftey's fees, eests, aIlel ellpeases. S. FAILORB OF~: 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. ~T NOT REOORDABLB; 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. O. c:awEYANCE: 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 Paragraph VI and those otherwise accepted by Buyer. Personal Property shall, at request of Buyer, be transferred by an absolute bill of sale with warranty of 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. ~S: 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. Page 6 of 7 ::z- EXHIBIT "A" LOT 13, LESS AND EXCEPT THE EAST 215' THEREOF AND LESS AND EXCEPT THAT PORTION THEREOF CONVEYED BY INSTRUMENT RECORDED IN OFFICIAL RECORDS BOOK 16259, PAGE 854 AND LESS AND EXCEPT THAT PORTION THEREOF UTILIZED FOR RIGHT-OF-WAY PURPOSES FOR S.W. 10TH AVENUE AND WALLACE DRIVE, OF ESQUIRE SUBDIVISION, ACCORDING TO THE PLAT THEREOFRECORDED IN PLAT BOOK 23, PAGE 43 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID LOT 13, LESS THE EAST 215' AND THE NORTH 10'; THENCE SOUTH 88046'49" WEST, A DISTANCE OF 64.22 FEET ALONG THE SOUTH LINE OF SAID LOT 13 TO A POINT ON THE EAST RIGHT OF WAY LINE OF SOUTHWEST 10TH AVENUE; THENCE NORTH 00022'28" EAST, A DISTANCE OF 91.07 FEET ALONG SAID EAST RIGHT OF WAY LINE TO A POINT ON THE NORTH LINE OF SAID LOT 13; THENCE NORTH 88043'58" EAST, A DISTANCE OF 65.16 FEET ALONG SAID SOUTH LINE TO THE NORTHEAST CORNER OF SAID LOT 13, LESS THE EAST 215'; THENCE SOUTH 00057'49" WEST, A DISTANCE OF 91.16 FEET ALONG SAID EAST LINE TO THE POINT OF BEGINNING. SAID LANDS SITUATE IN PALM BEACH COUNTY, FLORIDA. CONTAINING 5,890 SQUARE FEET/0.135 ACRES MORE OR LESS. Page 7 of 7 -€ [IT' DF DELIA' IEA[H [)~ "".,.", ",,1;11 CITY ATTORNEY'S OFFICE 200 NW I st AVENUE' DELRA Y BEACH, FLORIDA 33444 TELEPHONE: 561/243-7090' FACSIMILE: 5611278-4755 DELRAY BEACH F lOR IDA ~ All-America City Writer's Direct Line: 561/243-7091 , IIII!DATE MEMORANDUM July 31, 2006 1993 2001 TO: FROM: City Commission David Harden, City Manager p--, ~ Brian Shutt, Assistant City Attorney SUBJECT: Sale of Property to Southern Development Services Attached please find Resolution 35-06 and Resolution 36-06. Resolution 35-06 is for a sale of City owned vacant property located on the east side of SW 10th Avenue approximately 250' south of SW 10th Street for $13,253.00. Resolution 36-06 is for the sale of City owned vacant property located on the north side of SW 11th Street between SW 10th Avenue and unimproved SW 11th Avenue for $9,200.00. The buyer of these properties is Southern Development Services. The closing date for each property is scheduled to take place no later than November 1,2006. Our office requests that these contracts be placed on the August 15, 2006 City Commission agenda for approval. Please call if you have any questions. Attachments cc: Chevelle Nubin, City Clerk Randal Krejcarek, City Engineer 10. B RESOLUTION NO. 35-06 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRA Y BEACH, FLORIDA, AUTHORIZING THE CITY SELL TO BUYER CERTAIN REAL PROPERTY IN PALM BEACH COUNTY, FLORIDA, AS DESCRIBED HEREIN, HEREBY INCORPORATING AND ACCEPTING THE CONTRACT STATING THE TERMS AND CONDITIONS FOR THE SALE AND PURCHASE BE1WEEN THE BUYER AND THE CITY OF DELRA Y BEACH, FLORIDA. WHEREAS, the City of Delray Beach, Florida, wishes to sell certain property located on the east side of SW 10th Ave. approximately 250' south of SW 10th Street, Delray Beach, Florida; and WHEREAS, the Buyer hereinafter named desires to buy the property hereinafter described from the City of Delray Beach, Florida; and WHEREAS, it is in the best interest of the City of Delray Beach, Florida, to sell said property. NOW, THEREFORE, BE IT ORDAINED 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 sell to Southern Development Services, Inc., as Buyer, for the purchase price of Thirteen Thousand Two Hundred Fifty Three Dollars and 00/100 cents ($13,253.00), said property being described as follows: See Exhibit "A" attached hereto. 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 as Exhibit "B". 2006. PASSED AND ADOPTED in regular session on the 15th day of August, MAYOR ArrEST: City Clerk 2 Res. No. 35-06 EXHIBIT "A" LOT 13, LESS AND EXCEPT THE EAST 215' THEREOF AND LESS AND EXCEPT THAT PORTION THEREOF CONVEYED BY INSTRUMENT RECORDED IN OFFICIAL RECORDS BOOK 16259, PAGE 854 AND LESS AND EXCEPT THAT PORTION THEREOF UTILIZED FOR RIGHT-OF-WAY PURPOSES FOR S.W. 10TH AVENUE AND WALLACE DRIVE, OF ESQUIRE SUBDIVISION, ACCORDING TO THE PLAT THEREOFRECORDED IN PLAT BOOK 23, PAGE 43 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA AND BEING MORE PARTICULARLY DESCRIBED AS FOllOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID LOT 13, LESS THE EAST 215' AND THE NORTH 10'; THENCE SOUTH 88046'49" WEST, A DISTANCE OF 64.22 FEET ALONG THE SOUTH LINE OF SAID LOT 13 TO A POINT ON THE EAST RIGHT OF WAY LINE OF SOUTHWEST 10TH AVENUE; THENCE NORTH 00022'28" EAST, A DISTANCE OF 91.07 FEET ALONG SAID EAST RIGHT OF WAY LINE TO A POINT ON THE NORTH LINE OF SAID LOT 13; THENCE NORTH 88043'58" EAST, A DISTANCE OF 65.16 FEET ALONG SAID SOUTH LINE TO THE NORTHEAST CORNER OF SAID LOT 13, LESS THE EAST 215'; THENCE SOUTH 00057'49" WEST, A DISTANCE OF 91.16 FEET ALONG SAID EAST LINE TO THE POINT OF BEGINNING. 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CONTRACT FOR SALE AND PURCHASE PARTiES: The CiTY OF DELRAY BEACH, FLORiDA, a Florida municipal corporation("Seller"), c/o 200 N.W. 1st Avenue, Delray Beach, Florida 33444 (Phone: 243-7090) and SOUTHERN DEVELOPMENT SERVICES, INC., a Florida corporation (Phone: (561) 278-3100), ("Buyer", 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: See Legal description attached hereto as Exhibit UA" ii. PURCHASE PRiCE $ 13,253.00 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 September I, 2006 , 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--X Buyer shall at Buyer'S expense obtain (CHECK ONLY ONE) : abstract of title-or- X 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 no later than November I, 2006. Vi. RESTRiCTiONS; EASEMENTS; LiMiTATiONS: Buyer shall take title by Special Warranty Deed subject to: comprehensive land use plans, zoning, restrictions, prohibitions and other requirements imposed by governmental authoritYi 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)i taxes for year of closing and subsequent years; assumed mortgages and purchase money mortgages, if any (if additional items, see addendum)i provided that there exists at closing no violation of the foregoing. ViI. OCCUPANCY: Seller warrants there are no parties in occupancy other than Selleri Seller shall deliver occupancy of Property to Buyer at time of closing. 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: wherein Jim Zengage liability under this under this Contract; (CHECK ONLY ONE): Buyer (1) ~may assign to a company is a principal and thereby be released from any further Contract; may assign but not be released from liability or may not assign this Contract. X. DiSCLOSURES: Page 1 of 7 (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. Xx. SPECXAL CLAUSES; ADDENDA: If additional terms are to be provided, attach addendum and CHECK HERE X . CITY OF DELRAY BEACH SOUTHERN DEVELOPMENT SERVICES, INC. By: By: Print Name: Date Date Social Security or Tax ID No. Tax ID No. Page 2 of 7 ADDENDUM TO CONTRACT FOR SALE AND PURCHASE SELLER: CITY OF DELRAY BEACH, FLORIDA BUYER: SOUTHERN DEVELOPMENT SERVICES, INC. PROPERTY ADDRESS: vacant property located on the east side of SW loth Ave, approximately 250' south of SW loth Street, Delray Beach, Florida xx. 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 thirty (30) 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 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. Page 3 of 7 SELLERS' INITIALS: BUYER'S INITIALS: Page 4 of 7 STANDARDS FOR REAL ESTATE TRANSACTIONS A. EVIDENCE OF TITLE. (l)An abstract of title prepared or brought current by a reputable and existing abstract firm (if not existing then certified as correct by an existing firm) purporting to be an accurate synopsis of the instruments affecting title to Real Property recorded in the public records of the county wherein Real Property is located, through Effective Date. It shall commence with the earliest public records, or such later date as may be customary in the county. Upon closing of this Contract, the abstract shall become the property of Buyer, subject to the right of retention thereof by first mortgagee until fully paid. (2) A title insurance commitment issued by a Florida licensed title insurer agreeing to issue to Buyer, upon recording of the deed to Buyer, an owner's policy of title insurance in the amount of the purchase price, insuring Buyer'S title to Real Property, subject only to liens, encumbrances, exceptions or qualification provided in this Contract and those which shall be discharged by Seller at or before closing. Seller shall convey a marketable title subject only to liens, encumbrances, exceptions or qualifications set forth in Contract. Marketable title shall be determined according to applicable Title Standards adopted by authority of The Florida Bar and in accordance with law. Buyer shall have 30 days, if abstract, or 5 days, if title commitment, from date of receiving evidence of title to examine it. If title is found defective, Buyer shall, within 3 days thereafter, notify Seller in writing specifying defect(s). If the defect(s) render title unmarketable, Seller will have 30 days from receipt of notice to remove the defect(s), failing which Buyer shall, within five (5) days after expiration of the thirty (30) day period, deliver written notice to Seller either: (1) extending the time for a reasonable period not to exceed 120 days within which Seller shall use diligent effort to remove the defects; or (2)requesting a refund of deposit(s) paid which shall immediately be returned to Buyer. If Buyer fails to so notify Seller, Buyer shall be deemed to have accepted the title as it then is. Seller shall, if title is found unmarketable, use diligent effort to correct defect(s) in title within the time provided therefor. If Seller is unable to timely correct the defects, Buyer shall either waive the defects, or receive a refund of deposit(s), thereby releasing Buyer and Seller from all further obligation under this Contract. B. ~~~ ~~ l~a~::B! ~~I'FI." Jl9RBm~ N. SEt..:LBR. .'. p"~ehase ""'ae)' ""'~s!a!j'e .aHa ~rt!j'a!j'e ,::e :; :1;': ;::;1 I':~a; ::~ : 39 day !FaBC pc~':..~~.:' tke e:~~ e! a;:a~~~ if a tint RlEIH.!j'a!j'e aad a 15 aa:/, !j'reee penea if seeeaa _~ l~s-~t--..~, s ~-pF......ae ::: ~i;~:,~; P;;F~~~~ i~_~:~lc '::.:. ~~ ~~:: . itasus peaa~t), skall I'~FIlIis aeeele7'aUeR. i~ e ,'.eRt sf ~;;= -;,~ ~~ :~~ :~epe~~, :::;: ::!:~"e ::~ P:':.~ :~cn ~ c~~~~~~~ te ee ),el's ~R !j'esE!. ssaadia!j' aaa fel'l;l.a !l\sa~heaheRa ef -r ~~~e -6 '~.e-~ .....__--:::: :~~:~e ~~) ~ ~a::: F~~~:: ~u:~:.::~ "':~RtaiR I'slieies . ef ~RsllFaRee e.eRt~iniR!j' a st<meiad meFt!j'a!j'ee el:=-::::: ~i~ ;;;;~:~~:: :~::::e~ ~R :~e Real FFopcrt) a!j'au\st f~Fe ana all pe~l.ls iReltl6e6 \.1 Sk~R tke seFlll "e"tea6ea ee. eF~-~=<l-~~_~_ s- ....... s\Oett--<ooo---:e.. ;~~~:~.~~a ~::~~~ ~s ~:;;e: ~~ :=~~ea~l) Fe~iFe, iR aR a!l\ella~ e~al se tkeir ki!j'eest iRs..rable .al~7' ~ t~ ~::~, .~;t: ~: ::e~~~;~ :!:ce~:~: ~~~l: ~: et~::..=~: ~R feFlll ana eSRteRt reEfliuea e) SelleF, but Selle~ !lIa) SRI)' re~ue elauses --g~m n~~ ~e-- ~~ ~:~!j'~~e~, mert!j'a!j'e RStcS: aea see~Fit) a!j'~eemeRts !j'sRerall) lIsilieea ey sa~iR!j' aRa lean iRSt;;;ti~~ ~~ :;::; :~.~;~;~ ~~ l~~~:=~ i~ U,e s~t~ ~::e:~ ~~al PFSl'eFt) is leeatea. All PereeRal PrspeFt) aaa leases Be~~ OJ- .e, e= ~ a ~o .----:1%-, ~ ::~l:~~: S:~~~, b~.~~~=:: ~e ~~e :~;~ ~: a sestlFity a~reemeRs e iaeReea S) FeeeFaea fiRaneiR!j' stat~nt8. If a ~ll~~ ~~t~a!e, &fte ~rRal payment .~ll c"cccd thc l'eFiea~e l'a)~sRts tkereeR. 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. D. ~~~~ ~~:.~, a~ ~i,':;'s e"l!' e';S8 , ..itkiR ti!l\e a11s. ea se aeli eF e ieleRee ef. tis~e ad ts. e"a~~~. ~~' ':). :a~:~~:~ ;:~~:::~ :~tt~~ctca S) a FleJ!'~aa CeFtifl.ea Pest I2sRtrel 9flenteF ("gpeFaseF") ts aeSe!'lll3-Re ~f tkere ~s aR 19 _I; a__1. .... :;: ~:;:s::;;s: e~ ;~~~~l: :,~ist~~!j' ~~~':. f~ ~e~te iafestatisR in tke prspers? If e~tkeF er ~etk SFe ~~:' ::E; ~i~ ~~~ L::~: ~::: ~::: :~ ..:::;:~ ~~t:=e t~~::~: ~~:~~R ..hl.ea ts ha e esst sf tFeat!l\e.Rt, ~f Fe~nea, estl.!l\atea e} e ___e .. ~~=:t=~ ~~a ~~t~~~=~ ~~ ~.~~:c,;sea builaeF eF !j'eReral eeRtraet~r. Seller saall pal alia eests ef ~~e:~:~~t ~~: ~I';~; f: ~;~ ~:~~~ :':~ :~ :k~ ~~~~: ~;:~;~e~ ;R Pan!j'ral'k (a). If estllllatea eesss enseea teat a!l\eunt, BlI) ._ .. h _ _. e t B :; :~:=l;~ :.~~~ :()::;::c: ~i:~~~ : ~~:: a:teF Fee7ipt sf es~tnsteF's ~el'air estimate S) ~i.ia!j' ~itteR a;;;: te (;;l~~~ ~-;. ~:~ ~ =~:~~ ~= ~:=::ea .~ta the transaet~eR, aad Feee~ e a erea~t at elesiR!j' eR tke a!l\SUfit prs ~aea ~B PaFa _ ,. " ._t ~" GRall be aee!l\ea ts iRel..ae all ssa aestrS)iR~ eF!j'aRiS!l\S Fe~irea SS ee repeFtea ~aeF tke FlsFiaa P~;t C~~~~t, as ~~~d~. B. LNGRBSS AND BGRESS. 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. ~B~. ~:l::~ ~~~;:' Ret less tbaR 15 da)S eefsre elssiR!j', fUlE'Risk SS BuyeF s"li'ies sf all FitseR leases amI. estewel leueF: ;,~e: ~~:.~ t~;; ~l'eci.f2 ~~ ,:~ ~t~~: ~aa e!u.ntisR ef tke teRant' s seeUpaRS), reR~al rates.. aa aneea FeR~E: =it~ d~;:; ~: aT -Eena~ I~ ~l:::: =~ ~~~: ;=~B:';l.n suek letter frs!l\ eaek teRaRt, the same l.RfeFlllat~ea shall ee f----k --~_ell- _ Bu-. witaiR se~t ti!l\e period in tke fsrm ef a Seller's affiaa.it, aHa B~)er mal tkeFeafter eSRtaet teaafiSS te eSRfi~ ~u;h i;fe~tie;. Celler ekall, at elesiR!j', aeli.er ana assi!j'R all eFi!j'iaal leases te Bu)eF. G. LIENS. Seller shall furnish to Buyer at time of closing an affidavit attesting to the absence, unless otherwise provided for herein, of any financing statements, claims of lien or potential lienors known to Seller and further attesting that there have been no improvements or repairs to Property for 90 days immediately preceding date of closing. If Property has been improved, or repaired within that time, Seller shall deliver releases or waivers of mechanics' liens executed by all general contractors, subcontractors, suppliers, and materialmen in addition to Seller's lien affidavit setting forth the names of all such general contractors, subcontractors, suppliers and materialmen and further affirming that all charges for improvements or repairs which could serve as a basis for a mechanic's lien or a claim for damages have been paid or will be paid at closing of this Contract. H. PLACE OF CLOSING: Closing shall be held in the county where Real Property is located, at the office of the attorney or other closing agent designated by Seller. I. TIME. In computing time periods of less than six (6) days, Saturdays, Sundays and state or national legal holidays shall be excluded. Any time periods provided for herein which shall end on Saturday, Sunday or legal holiday shall extend to 5: 00 p. m. of the next business day. Time is of the essence in this Contract. J. DOCUMENTS FOR CLOSING. Seller shall furnish deed, bill of sale, construction lien affidavit, owner's possession affidavit, assignments of leases, tenant and mortgage estoppel letters, and corrective instruments. Buyer shall furnish closing statement, mortgage, mortgage note, security agreement, and financing statements. K. EXPENSES. Documentary stamps on the deed and recording corrective instruments shall be paid by Buyer. Documentary stamps and intangible tax on the purchase money mortgage and any mortgage assumed, and recording of purchase money mortgage to BliyeI!' 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, rent, 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 Page 5 of 7 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. Buyer shall be responsible for any and all taxes due before or after the sale. M. SPECIAL ASSESSMENT LIENS: Certified, confirmed and ratified special assessment liens as of date of closing (not as of Effective Date) are to be paid by Buyer. PeREUR!!j lieas as ef aaEe ef elesiR!!j skall Be asskimea B) Buyer. If tRe impre ement ~El ~~:: ~~~~aR:~all) 7e~letea as ef Effeeti.e Bate, ae) peasiR!!j lie~ sRall Be esesiaerea as eer~ifiea, :::f;;~ O;~~f~f~:: ~ Ce sRall, aE eles~R!!j, Be ehar!!jea aR ameHnt e~al Ee the last estimate sf assessmeat fer tke ~~re.em e ). N. z:s=~~~ ~~~:~ ~ ~~:A!JGBI Seller .aHaRts that, as ef 19 aa)S prier ta elesia!!, tRe eeili,,!!!, raof (inelkiEiiR!!j t~~ ~~~;;: :1'l~ s~~~~:S) ~~~ e~~.:.r!ar aRa iateriar alls, feHnaatiaR, sea..~lls (ar e~i.aleat) aa~ aaelEa!!~ -;i~ R':~ ~~ i~; ~~~~:;.. :::;~~~B ::. ::~~E~, a.:~~ da~!!j~ or stFUetHral aama!!je aRa that the sept~e tanlE, pael, all apphaaees, meeua __ 1 ___m , ~::::' ~~~:~~~, ~ e~:~:rieal, pl~lllbiR!!j ":) ste~s aaa maeMaer) are iR IIGRKHm GQ!~ITIOn. The fare~ai,,!!! ~rraat} sa:F:: ~i:;~ : :"f. ~e: ~~:~~{~~ ~!e~.s o~~.e~.~.se !,:~{~~e~ 1R ~ aaaeaelwll ~ki) er ma), at ~"'2 er s. eJEI'ense, Ra- e ~aspeet1sn.s n:: ;;, :.._:; ~~_.;;;;; ;, ;~: ~; ~::=~~a~ =13hi:_~.n.!' :~ :,eme :,:~~!e:~:~';5 _a Rsla~a!!j an aeeupat1eRal heease fer skiell pkirpaSe (if Ll _e I b, 3. pr p_ ::;~ :;~::~se~ ::~:i~ ::~~::aetor. BU):er sllal~, priar ta BH)er'S aee"l?aae) ar aat less tllaR 19 aays prier~: ~~~~~~!!~ ~~~~~~ :"::: ~~~:~ re~~~:~:.' ~';; t~~!!j .::e 8ellc';:. skiell HeIRS taat ae aet meet !;ae alse. e staflaaraS as te aefeets. Ufile_ _' t~Rl _ ;; ~::~ ~:f::~, B~~=~ ~~:l ~ ~c~.:a ::' lla e "5i ell. Seller's \.arrant.Les as te aefeets aet reperMa. If re;:i;~ :~ i?~~: :;e ;_ Ll~~I6. ~~ ;~l~ ~..':th t~~~ -:.t":~ara, Seller sllall ea..se them loe Be maae aRa sllall pa) lip ts tlle ame....t I'Fe.~a.. . r p. ;:~. ::l;~~ ~~ :et ~<>~~r~ :'El ~~ :e~,:~~ a::. replaeemeats ef a eesmetie aat..re W'l~ess ~aHSea S1" a aefe.;t 1:e~l~ ~ ~:;~i~\f:r:r~: :: ~l= ;; ::,e ;est ~! ~~c~ re~~:: ~ replaeemeRt eneeeas the alft6tHlt pre.1Eiea ~R Para!!j!'ilpll. _ (s ,_u r __ __1 e ..) ;" :: ~ :a: ~:~s':., ~~i~~~ ~~i~~ ~l:h:.r part) mal eaneel tllis Ceatraelo. If Eleller is _aisle te eerreet tlle d~f;etG pri;~ t6a:;:~~' :~: ~~~.: :~~r;af ~llall b~ paia lRte e~ers' at elssiR!! Sel~er sRall, ~eR reaseRa<s~e aeUee, pr~,'iae :i~~~;: ~~~;: :~d ;;e::" ~~ ~~~ P~~!:.::~ f,::. ~a,,!~ct>.o.as, ~~el"'a~a!!j a .1al), thratl!!jll prier ta eles~R!!, te eeah.... tRaE all ~tems _ _ _.a _r ; a;; ;: ~;e ~::i ~:!e:,;~ a~, .~~jee: ta :~ f~~~~!!j, that all :-eEf\iirea repairs a~l!1 replae,emeats llat~ ~~.f i~: ~~ t~t t~,; li::P~~~~, :~~~~~~!! ~~= ~e-~ :~llUtcd to, la.lR, sllFHbBer) aRa peel, ~f aR" Ras seeR ma~atuRea ~R tse eeBa~t Cl B s Ef ct , oraUlar) ',ear ana tear eneeptea. O. RISX OF LOSS. If the Property is damaged by fire or other casualty before closing and cost of restoration does not exceed 3t of the assessed valuation of the Property so damaged, cost of restoration shall be an obligation of the Seller and closing shall proceed pursuant to the terms of Contract with restoration costs escrowed at closing. If the cost of restoration exceeds 3t of the assessed valuation of the improvements so damaged, Buyer shall have the option of either taking Property as is, together with either the 3t or any insurance proceeds payable by virtue of such loss or damage, or of canceling Contract and receiving return of deposit(s}. P. PROCEEDS OF SALE; CLOS~G PROCEDURE: The deed shall be recorded upon clearance of funds. If an abstract of title has been furnished, evidence of title shall be continued at Buyer'S expense to show title in Buyer, without any encumbrances or change which would render Seller's title unmarketable from the date of the last evidence. All closing proceeds shall be held in escrow by Seller's attorney or other mutually acceptable escrow agent for a period of not more than 5 days after closing date. If Seller's title is rendered unmarketable, through no fault of Buyer, Buyer shall, within the 5 day period, notify Seller in writing of the defect and Seller shall have 30 days from date of receipt of such notification to cure the defect. If Seller fails to timely cure the defect, all deposit(s) shall, upon written demand by Buyer and within 5 days after demand, be returned to Buyer and simultaneously with such repayment, Buyer shall return Personalty and vacate Real Property and reconvey the Property to Seller by special warranty deed and bill of sale. If Buyer fails to make timely demand for refund, Buyer shall take title as is, waiving all rights against Seller as to any intervening defect except as may be available to Buyer by virtue of warranties contained in the deed or bill of sale. If a portion of the purchase price is to be derived from institutional financing or refinancing, requirements of the lending institution as to place, time of day and procedures for closing, and for disbursement of mortgage proceeds shall control over contrary provision in this Contract. Seller shall have the right to require from the lending institution a written commitment that it will not withhold disbursement of mortgage proceeds as a result of any title defect attributable to Buyer-mortgagor. The escrow and closing procedure required by this Standard may be waived if title agent insures adverse matters pursuant to Section 627.7841, F.S., as amended. Q. ESCROW: Any escrow agent ('Agent') receiving funds or equivalent is authorized and agrees by acceptance of them to deposit them promptly, hold same in escrow and, subject to clearance, disburse them in accordance with terms and conditions of Contract. Failure of clearance of funds shall not excuse Buyer'S performance. If in doubt as to Agent's duties or liabilities under the provisions of Contract, Agent may, at Agent's option, continue to hold the subject matter of the escrow until the parties hereto agree to its disbursement, or until a judgment of a court of competent jurisdiction shall determine the rights of the parties or Agent may deposit with the clerk of the circuit court having jurisdiction of the dispute. Upon notifying all parties concerned of such action, all liability on the part of Agent shall fully terminate, except to the extent of accounting for any items previously delivered out of escrow. If a licensed real estate broker, Agent will comply with provisions of Chapter 475, F.S., as amended. Any suit between Buyer and Seller where Agent 'is made a party because of acting as Agent hereunder, or in any suit wherein Agent interpleads the subject matter of the escrow, Agent shall recover reasonable attorneys' fees and costs incurred with these amounts to be paid from and out of the escrowed funds or equivalent and charged and awarded as court costs in favor of the prevailing party. The Agent shall not be liable to any party or person for misdelivery to Buyer or Seller of items subject to this escrow, unless such misdelivery is due to willful breach of Contract or gross negligence of Agent. R. ~RNBY PBBS, SOSTS. IR aR) liti!!aloisB, iaelHaia!!j sreaell, eafaFeemeat sr ialoerpretatisa, arisiR!!j aut ef ~llis CSRtraet, tlle ~;:~~il~~! ~~:~ ~~ ~~~ ~i~i~a:~eR .hi ell. , fer tse p"'!'p6ses ef this 8taRaaFa, shall iRelkiae Seller, Bki)er, aHa aft) ~sJEe~~~~R!!j ~ :!!~~} ~: ~~~~?:a:~ :::~~~~~~:~s :kiEsarieea B) Chapter 175, F.El., as ameRaea, shall ee eatitlea Ee reee.er fram the aeR pre ailiR!! par~) reasaaasle attsr-ee) 's fees, easts, aHa elEl'eRses. S. FAILURE OF PERFORMANCE: 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. l1. CONVEYllNCE. 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 Paragraph VI and those otherwise accepted by Buyer. Personal Property shall, at request of Buyer, be transferred by an absolute bill of sale with warranty of 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. NARRANTIES: 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. Page 6 of 7 EXHIBIT "A" LOT 13, LESS AND EXCEPT THE EAST 215' THEREOF AND LESS AND EXCEPT THAT PORTION THEREOF CONVEYED BY INSTRUMENT RECORDED IN OFFICIAL RECORDS BOOK 16259, PAGE 854 AND LESS AND EXCEPT THAT PORTION THEREOF UTILIZED FOR RIGHT-OF-WAY PURPOSES FOR S.W. 10TH AVENUE AND WALLACE DRIVE, OF ESQUIRE SUBDIVISION, ACCORDING TO THE PLAT THEREOFRECORDED IN PLAT BOOK 23, PAGE 43 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID LOT 13, LESS THE EAST 215' AND THE NORTH 10'; THENCE SOUTH 88046'49" WEST, A DISTANCE OF 64.22 FEET ALONG THE SOUTH LINE OF SAID LOT 13 TO A POINT ON THE EAST RIGHT OF WAY LINE OF SOUTHWEST 10TH AVENUE; THENCE NORTH 00022'28" EAST, A DISTANCE OF 91.07 FEET ALONG SAID EAST RIGHT OF WAY LINE TO A POINT ON THE NORTH LINE OF SAID LOT 13; THENCE NORTH 88043'58" EAST, A DISTANCE OF 65.16 FEET ALONG SAID SOUTH LINE TO THE NORTHEAST CORNER OF SAID LOT 13, LESS THE EAST 215'; THENCE SOUTH 00057'49" WEST, A DISTANCE OF 91.16 FEET ALONG SAID EAST LINE TO THE. POINT OF BEGINNING. SAID LANDS SITUATE IN PALM BEACH COUNTY, FLORIDA. CONTAINING 5,890 SQUARE FEET/0.135 ACRES MORE OR LESS. Page 7 of 7 '--- - ~ I I ~=== . -. <=== ~ < ~ II!: ~- 0::: W ~- -< .. _0::: > === < < ... < < I- - SW 9TH STREET I- I- === j!: I I-- I- - t-- ....- ~ I- II-- ~_CD I ~f-- -I DELRA Y BEACH -~ l- I- f-- -;: I- === <t N ;:: 0- MEMORIAL ~ ~ f-- ~ ~=== ~ === ~ - - GARDENS SW 9TH COURT vi === vi === vi I-- t-- - - - === === I- ;iiI- ITD [IJJ ~ 1 ~- I- uil- -~ ~-- vi vi t-- vi vi- '--~ 10TH - STR~ET . ] S.W. ~- ~ ~illIIIIIIID~= < <- < ~ ~ - ~ ~~. ~~. 1 I[ - < <t:~ ~~ I - ~ I- - Q..'?' t;- Q..'?'~ m I IF - "- l\,( I- - - ~ I j!:- 7:/ ~ I- PARK TEN ~ vi <Xl ....- vi ROYAL ALM DR. S.W. 11TH ST. - y~/ ~ iElJ. l- f- PARK TEN - / / I- 3RD ADD. .f- VI . ~I- \ VI POINSETTIA DRIVE f 7 ; EEEB~~ / THE DOUGLASS UN TON GROVES CEN TRE ~ ~ - ;.::,<:.- I- GEORGIA STREET / w IIIII L ~ => ~ / z ~ t;j~ ~ I BESSIE ST. => " ~".J... z / < z ~ w ~~ > L..J"'C < < CO g:Q /1 (/)-.1 "'C '-J ~fg Iff ELLA ST. ~ (:) (/) -' ~ ,<::0 Q:::::> -' / ,,<:.- \ Oa ~ t5<:Z I \'lilY' ~ ~CJ -~ 7 I- '>:J~ <.:l ~ ~~ c,Q - f--- MILFRED STREET I IV 'c J SOUTHRIDGE RD. ::.....---- ZEDER AVE. ~ ~ ]] MAROONE MAROONE vi SOUTHRIDGE ~ FORD DODGE VILLAGE ~ (/) MAROONE r CONDO vi Isou THRIDGE L..J~ Q:: NISSAN ) CONDO G: LINTON B 0 U LEV A R 0 A OUTBACK ~ J LINTON INTERNA T10NAL PL ZA CIRCUIT )L ROSS I --------- CITY ) I N - 1025 SW 10TH AVENUE CITY OF DELRA Y BEACH, fL PLANNING '" ZONING DEPARTMENT -- DIGITAL BASE MAP SYSTEM -- MAP REF: l.M941 RESOLUTION NO. 36-06 A RESOLUTION OF THE CIlY COMMISSION OF THE CIlY OF DELRA Y BEACH, FLORIDA, AUTHORIZING THE CIlY SELL TO BUYER CERTAIN REAL PROPERlY IN PALM BEACH COUNlY, FLORIDA, AS DESCRIBED HEREIN, HEREBY INCORPORATING AND ACCEPTING THE CONTRACT STATING THE TERMS AND CONDITIONS FOR THE SALE AND PURCHASE BE1WEEN THE BUYER AND THE CIlY OF DELRA Y BEACH, FLORIDA. WHEREAS, the City of Dekay Beach, Florida, wishes to sell certain property located at 1044 Southwest 1 Oth Avenue; and WHEREAS, the Buyer hereinafter named desires to buy the property hereinafter described from the City of Dekay Beach, Florida; and WHEREAS, it is in the best interest of the City of Dekay Beach, Florida, to sell said property. NOW, THEREFORE, BE IT ORDAINED BY THE CIlY COMMISSION OF THE CIlY OF DELRA Y BEACH, FLORIDA, AS FOLLOWS: Section 1. That the City Commission of the City of Dekay Beach, Florida, as Seller, hereby agrees to sell to Southern Development Services, Inc., as Buyer, for the purchase price of Nine Thousand Two Hundred Dollars and OO/tOO cents ($9,200.00), said property being more particular described as follows: North side of Southwest 11th Street between Southwest 10th Avenue and unimproved Southwest 11 th Avenue. And more particularly described in Exhibit "A" attached hereto. Section 2. That the terms and conditions contained in the contract for sale and purchase and addenda thereto between the City of Dekay Beach, Florida, and the Buyer as hereinabove named are incorporated herein as Exhibit "B". 2006. PASSED AND ADOPTED in regular session on the _ day of ATTEST: City Clerk MAYOR 2 RES. NO. 36-06 EXHIBIT "A" North side of Southwest 11th Street between Southwest 10th Avenue and unimproved Southwest 11 th Avenue. PCN 12-43-46-20-18-000-0163 Address: 1044 SW 1 Oth Avenue, Dekay Beach, Florida Also known as: THE WEST 100 FEET OF THE EAST 315 FEET OF LOT 16, ESQUIRE SUBDIVISION, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 23, PAGE 43 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. SAID LANDS BEING A REPLAT OF THE EAST Yz OF THE WEST % OF LOT 29, AND THE WEST % OF THE EAST % OF LOT 29 OF THE MAP FILED IN PLAT BOOK 1, PAGE 4, PALM BEACH COUNTY PUBLIC RECORDS OF THE SW V4 OF SECTION 20, TOWNSHIP 46 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA. SAID LANDS SITUATE IN PALM BEACH COUNTY, FLORIDA CONTAINING 4,105 SQUARE FEETjO.0942 ACRES MORE OR LESS. 3 RES. NO. 36-06 p ~ <:l :!! l-. (S - - _-1!.~.(0'!!~~,~ ll! 3'W3If If "'6 MS ~: I stW3 .JN3ft3Al"d I --r-- - - .:~ is 7f - : ~___ i . >Z I 1 ..~J 1 I ~I , ~Ii It)~ ",I~ :d ~I' ..* II ~<~ 1 g ;; ...~~ ""lS~ ~~~<ri ~;;>: ~ ~"~~~ ~ .J"~\1 .. ;::li!i!i~gj <!l!i ",,,,i:j ~ s ""'lll~o;:, i!5~ ~~~;~ itS ~~~"'~ ~~ Ii;",~~!ll ~'" !!!....~)",~ I..J~ 2~ ~l!I ~~ ~ li!~~ ~~ ~ ',.; ~~ ~",!.1~~ ..~ ~;~il:'" ~ll! ~ ....iil!t!d "'~ ~ ~~~.... .-;:~ '" qj~A.13 ~:g ~ 8"".,~~ ill;: ~ ~~..lojli! '" ~\1ll!l~... ~~ ~ ~?::~ C ~~ Ii:i !t!lil,.;~S Q,. ...J "';il....'" <:\8 ..y .,y r .~ ~ )/ ... ~ ~ . ~ * .~ .. ~~ !!!~~~, ls! " "I; !e ~lelele i!: ::;~;!~3l '" ..../\:~i<l~ 12~ /U~ ;~~ "1;_ ~ !!! ,,;t~ ",ill", !Q."U ::; ~~~ .... .....~ ~~~ '" ~ "I; i!: '" ~... ~ ~~ ~ ~ ;:,w. " i !l! ... Ii Ii ... ~ ~ Ii . ~ I 'I 81; , ~ II:j ~! I ~i 11 1 ,~ -:oo.r;z-) I ~ -:00 --1 ili ' ~' I I ~ ,oow-l 1 ~\ I ~I , I Iii~ !Illli ~~ "1;_ ~ ?J ~~ ",' !Q l:lle ....loj<:l ~ "i':l ...,J ~~ 3~ c uaG1~d 1. itlH::S"P' ~ 4,6t>,L!;.00N ,.Z'99 BIOI 9d 'r:Lf:B EJ<iO 31ft>' "'01 MS '" '" ijj ....@ ~ ~~ ~ ~ !;l~ .... ~ ~ '" I ~ ~ .... ~ ~ ~ !;l~ ~ ~~ I:: '" ~ ! l\':iI: ~~ ~~ ~'" 'l!I '" ;::~ h ~~ ~ '" '" .. ;:j .. 0; (l ~ ~ ~ ~ ~iS1il i!; ~;::~ ~ ~;:~~ ~~ ~~;::li! ~IE ~~~~~ ~~ ;~li:!;l~\'5~~ i~~~~~j; ~~~':~!t!~'" :<{i1i"'~~"'i!5~ U~~",~""~ i;:: ::l"'Ii;.. ~~~~!t!~~!:J ~ )...-.-;~ .... <.J~~>'!'" ~2 ~~t~J~ ~~iSt~~ ,,'''is''i()<ri !!t!"'~!l:e; "'!-J ~g: ~\!1~~~ '" <:l~i5 Iil~~~;;~ O~~ ;t:~ ~"l!i\(!~~ !q:~5i!::;:'Ii ..",~........~ ~~'Ii~llt ...."'~C~~ ~!!1",;::"iil ..,,""~~~ ~:t~ft~lQ !l:~-W " tj ~~~~ " ~~~ ~~~Ii;~": ~el ~ '~ ~ ~ < <.J VI ~2 X Q. < l'S2 _m ~2 z, -~ i!; tl ~ '-' ~ ~~ ~ ~ <: lil _.0 ~ ~ ~ !it "''' ~ ti l:i >:!l! lll"o; ... l:l "',;: ~"'i!i:!t! ~ It.i In!':: J,;;: t-.;: ~ ~C! i!; >! Q ~'Ii "'d ~ ~ ~~ ~ ~ ~ ~ ~ .... J::: ~~a :q; ~ E)'" 'Ii '" ~ ~ i;! ~~ ;::~;; '" .... ;0 ~~ ::l ~!!1 51 !;l li ''''I(! l!!"'iS l\! ~~"'!;j ll!i!;!l! ~ ~ ~l'l~~ ~h iSoi~ ~~~~ !l!~~ ~~~ ~~U ~~~ ~~~ ~ ~~~::ll;t i!l ~~li: l....iD~"'''' ~~ ~C!! ~~~~I~..~i~~ ~ ~~,,!q:d~~~~~ !;l" '" ..; '" O(j ..; ill!!;jO'i l.......~~ l~\;" 1 '" :~~... :~'Ii . :~~i I I ~ii Ill:;'i ::>. ...~ :ll!:;!~ '!E"'~ !~ '" I I I 1 1 I I I .,; ~ ~ ~ I .. ! ,... 9. ,. 1Il ... I- < o 'l1 o in ~ '" :>..""''-0 klCs-' QS(;)f.... <~s;:<,J "(U)......-..J :>.. ~L.... Q:::~~CJ ~~U);;:: 5~~g <,J'5:::-lQ:: Q:)~IJCJ CJ(/)o... KLU"( g C)~9 ~ u~~~ ~ ~~! ~~6 ci~'~~e w:!i5:EC!~ icl :tli~~ w~~~u.o: Iffi0~~~ ~~~~~~ a:)~w5cr,..!.. o~s~~;g ..J~~~g~ WU~~ 6 LL -'~ I ....J ,... :J <( U I; ~"'~ \H- ,. i " CONTRACT FOR SALE AND PURCHASE PARTIES: The CITY OF DELRAY BEACH, FLORIDA, a Florida municipal corporation ("Seller") , c/o 200 N.W. 1st Avenue, Delray Beach, Florida 33444 (Phone: 243-7090) and SOUTHERN DEVELOPMENT SERVICES, INC., a Florida corporation (Phone: (561) 278-3100), ("Buyer", 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: See Exhibit "A" II. PURCHASE PRICE $9,200.00 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 September 1, 2006 , this offer is 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 X Buyer shall at Buyer's expense obtain (CHECK ONLY ONE) : abstract of title or X 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 no later than November 1, 2006. VI. RESTRICTIONS; EASEMENTS; LIMITATIONS: Buyer shall take title by Special Warranty Deed subject to: comprehensive land use plans, zoning, restrictions, prohibitions and other requirements imposed by governmental authority; restrictions and matters appearing on the plat or otherwise common to the subdivision; public utility easements of record (easements are to be located contiguous to Real Property lines and not more than 10 feet in width as to the rear or front lines and 7-1/2 feet in width as to the side lines, unless otherwise stated herein); taxes for year of closing and subsequent years; assumed mortgages and purchase money 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. 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: wherein Jim Zengage liability under this under this Contract; (CHECK ONLY ONE): Buyer (1) ~may assign to a company is a principal and thereby be released from any further Contract; may assign but not be released from liability or ____ may not assign this Contract. x. DISCLOSURES: Page 1 of 7 (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 SOUTHERN DEVELOPMENT SERVICES, INC. By: By: Date Date Print Name: Tax ID No. Social Security or Tax ID No. Page 2 of 7 ADDENDUM TO CONTRACT FOR SALE AND PURCHASE SELLER: CITY OF DELRAY BEACH, FLORIDA BUYER: SOUTHERN DEVELOPMENT SERVICES, INC. PROPERTY ADDRESS: located on the north side of SW llili Street between SW 10ili Ave. and unimproved SW 11th Ave., Delray Beach, FL 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 thirty (30) 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 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. Page 3 of 7 SELLERS' INITIALS: BUYER'S INITIALS: Page 4 of 7 STANDARDS FOR REAL ESTATE TRANSACTIONS A. EVIDENCE OF TITLE: (1) An abstract of title prepared or brought current by a reputable and existing abstract firm (if not existing then certified as correct by an existing firm) purporting to be an accurate synopsis of the instruments affecting title to Real Property recorded in the public records of the county wherein Real Property is located, through Effective Date. It shall COmmence with the earliest public records, or such later date as may be customary in the county. Upon closing of this Contract, the abstract shall become the property of Buyer, subject to the right of retention thereof by first mortgagee until fully paid. (2) A title insurance commitment issued by a Florida licensed title insurer agreeing to issue to Buyer, upon recording of the deed to Buyer, an owner's policy of title insurance in the amount of the purchase price, insuring Buyer's title to Real Property, subject only to liens, encumbrances, exceptions or qualification provided in this Contract and those which shall be discharged by Seller at or before closing. Seller shall convey a marketable title subject only to liens, encumbrances, exceptions or qualifications set forth in Contract. Marketable title shall be determined according to applicable Title Standards adopted by authority of The Florida Bar and in accordance with law. Buyer shall have 30 days, if abstract, or S days, if title commitment, from date of receiving evidence of title to examine it. If title is found defective, Buyer shall, within 3 days thereafter, notify Seller in writing specifying defect(s). If the defect(s) render title unmarketable, Seller will have 30 days from receipt of notice to remove the defect(s), failing which Buyer shall, within five (S) days after expiration of the thirty (30) day period, deliver written notice to Seller either: (1) extending the time for a reasonable period not to exceed 120 days within which Seller shall use diligent effort to remove the defects; or (2)requesting a refund of deposit(s) paid which shall immediately be returned to Buyer. If Buyer fails to so notify Seller, Buyer shall be deemed to have accepted the title as it then is. Seller shall, if title is found unmarketable, use diligent effort to correct defect(s) in title within the time provided therefor. If Seller is unable to timely correct the defects, Buyer shall either waive the defects, or receive a refund of deposit(s), thereby releasing Buyer and Seller from all further obligation under this Contract. ~~ ~ ~~~ !~ShGBI SBGIHlIT-l!' 1l~ TQ. SEU.BIlI A ptl.reaase maRey lIlert!!a!!e .aRe! ~art!!a!!e Rate ts 8el;.:~ ;::~l P:i~~ :~~ : ~~ a.:~ ~:a~ ~e::.:.~-=-~ tae e eRt af e!efault ~f a hrst mart!!a!!a aRe! a 1S aay !!raee penae! ~f seeaRe! sr lesser on t ~_, s _ r ;:~ ~:: ~i~~~ ~:. p:~fa~~~ i:,,_~~~sle ::r iR part ..ithatlt paRa~t}, shall p~rmit aeeela7'atiaR. i~ e eRt af tra~:~:: ~~ ~~ ~~I ~~~;;;~~, :~:;~ :::~~re ~~~ P:.'.:.~ heR ~~d e.:>s<Hlll9raRees loa Be ltept ~R !!eee! staoo~R!! aRe! fsrine! ma,hheat~sRs af ar e e! _ e _ R r ~:::~~~e~~)~' ~h~~: r~~~:: ~~)~r.ts ma~RtaiR pslieies .sf ~Bs~ranee e~Rt~iRiR!! a staRelare! lIlert!!a!!ee ela~::, ;::::~ ~i~ ~;;~:;e::~: lseatee! eR the Real Prspert) a!!a~Rst f~re aRe! all per~ls ~Belue!ee! 'Hta~R the tenll "enteRe!ee! ee era!!e .e! _. __ S R s_ _ :~ ::~~~~.:-~a ~:::~~ :-s 8elle:c may rea~sna~l} reElliire, iR aR aflIauA.t eEllial ts their hi!l'fiest iR8ur-aBle .altl':', ~;,~ t!;; ;;rt;;';;e, .~;t: ~ ~C~:=:: ~~:ee~:~: ~~:l: ~: et~er..~se ~R fS:<ffi aRe! CSRteRt reEltl.~rea B} 8eller, Btit 8eller may SBl} reEltl.~:ce elatlses etlstsmar~ e e! iR mart!!~!!es, lflortg1l!le Rstes: ana seetirity a!l,:eemeRts !leBerall) litilieee! B) sa iR!l aRe! lsaR iRst~tlitisRs e:- :t:;e :: .~~~~S~~l f~;;j:; ~:~~::~ ~:' the e~Rt) .kere~B Real Prspert) ~s lseatee!. .'1.11 PersaRal Prepart} aRe! leases Be~B!l eeR.C}a~ _ a ~ ..1, t ;~~l;;~~ ~:~~~, Be.~~B~::: ts the li7R sf a seeurit) a!lreellleRt e ie!eReee! B) reesre!ee! fiRa"eiR!l statemeRts. If a ;;il~ ~rt~a!l;, "ae f~Ral payment ..~ll eHeeee! the per~ae!~e l'aymeRts the:ceeR. 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. ~ ~~I~~ Bti}er, at Bliyer's elEfleRse, .ithiR time alla',tee! te e!eli'.el!' e.ie!eaee ef title aRa te enamiRe same, mal ha e Real p~spert} iRspeetee! B) a Flel!'ie!a Cel!'tifiee! Pest CeRtl!'sl Qperatel!' ("Ol'eratsr") te e!eteFllli"e if there is aa) .isiBle a~i.~ t;r;i;; ~~:=s~~::a~ e~ ;~~~~l:. :'~i,:tiR!l aama!le. fl!'~lfl te;""ite infestatisR i" the Prepert? If e~the:c al!' Batk are fStlR~'O::~:: ~i~ h~~~ ~ :;~ ;:~~ ~~:: ~: ..:::;:~ ~~t~~e thel!'esf ,.1th~R ,.h~eE te ha.e east ef treatmeRt, ~f l!'equuee!, est~lIlatee! B) th a e! a.. !l ~~~~::t~~ ~~d ~~t:~atea B} a.liee~see! Btiilder er !!eReral eeatl!'aet~l!'. Eeller shall pa} ;alie! eests ef tre:~:~~t :~~ ~:I';~; f~ ;~~ ~:~~~ ~~ :~ :h~ ~~URt p:ce.~aee! ~R Pal!'a!lnph (a). If est..matee! eests eneeee! that ame~Rt, Bti)e:c . E_._ _ eta ;~~:1~~!l :~:~ :s~;:::e: ~i:~:~ ~ e!~} s after l!'e~ef ea~traet8l!" s .l!'epair estimate B} !li. ~R!l ..z:itteR Bstiee ta 8~1~~~ ~~ ~~~~ :; eleet ta preseed ..~th the traRsaet~aR, aRe! raee~ 'e a erea~t at elas~R!l aR the ame~"t pre.~e!ee! ~R Para!lraph .' " .. t " shall Be aeemee! te iReltiae all ..eae! e!estra)iR!l sl!'!laRisRls re~i:cee! ta Be l!'epal!'tee! tiRe!er the Flel!'ie!a Pest ceR~~~;, as ~~~~. 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. ~.:. ~~B~' Seller shall, Rat less tl1aR IS e!a}~ Befare elesiR<j, flifil.ish ta Bayer espies af all ..ritteR leases aM .es~~.l .1ettc:;B !.~e~ :~:~ t~~t spc<:i.f~iR!l the BatUl!'e aRe! e!~rat~eR sf tae teBaRt's eeelipaRe), l!'eRtal l!'ates, ae!.aReee!l!'eBt aoo See>H'~t} ~J.ta llBie! ~r :;~a~:. I: ~:l::: :~ ~~~le ts "BtaiR StleE lette:c fl!'am eaek teRaRt, tae Bame iRfarmatisa shall Be ftirBiSEe~~-~l~~i ~ ::~; \.ithi" tEat time pel!'ise! iR the feFlll ef a 8ellel!"s affie!a.it, aRe! Btl)er ma) thereafter eeataet teaaRts te esnfi tl . S ~ 'a . 8eller shall, at elesi,,!!, e!eli.el!' aRe! assi9R all sl!'i!liBal leases ta Bti)er. G. LIENS: Seller shall furnish to Buyer at time of closing an affidavit attesting to the absence, unless otherwise provided for herein, of any financing statements, claims of lien or potential lienors known to Seller and further attesting that there have been no improvements or repairs to Property for 90 days immediately preceding date of.closing. If Property has been improved, or repaired within that time, Seller shall deliver releases or waivers of mechanics' liens executed by all general contractors, subcontractors, suppliers, and materialmen in addition to Seller's lien affidavit setting forth the names of all such general contractors, subcontractors, suppliers and materialmen and further affirming that all charges for improvements or repairs which could serve as a basis for a mechanic's lien or a claim for damages have been paid or will be paid at closing of this Contract. H. PLACE OF CLOSING: Closing shall be held in the county where Real Property is located, at the office of the attorney or other closing agent designated by Seller. I. TIME: In computing time periods of less than six (6) days, Saturdays, Sundays and state or national legal holidays shall be excluded. Any time periods provided for herein which shall end on Saturday, Sunday or legal holiday shall extend to S:OO p.m. of the next business day. T~e is of the essence in this Contract. J. DOCUMENTS FOR CLOSING. Seller shall furnish deed, bill of sale, construction lien affidavit, owner's possession affidavit, assignments of leases, tenant and mortgage estoppel letters, and corrective instruments. Buyer shall furnish closing statement, mortgage, mortgage note, security agreement, and financing statements. K. EXPENSES: Documentary stamps on the deed and recording corrective instruments shall be paid by Buyer. 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, rent, 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 Page 5 of 7 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. Buyer shall be responsible for any and all taxes due before or after the sale. M. SPECIAL ASSESSMENT LIENS: Certified, confirmed and ratified special assessment liens as of date of closing (not as of Effective Date) are to be paid by Buyer. PeR,Un!j lieRs as ef aate ef elesiR!j shall Be ass....ea B) Bu)er. If the illlflre.emeRt has beon s~BstaRtiall) eelllflletea as ef Effecti.e Bate, an) ~enain!j lieR shall Be esnsiaerea as eertifiea, eeRfi:cmea er ratified a~d Deli~; shall, at elesin!j, Be esar!jee aR ame~t e~al ts the last estimate ef assessmeRt fer the im~rs.emeRt B) the ~tlBlic Bea). ~~ I~~~~9N, REPAIR AN9 Jmn~mNSBI Deller .arraRts taat, as ef 19 aa)s ~rier ts eleeiR!j, tho eeiliR!j, resf (iRel;~ain!j thE: ~~~~~ ;~ s~ffits) aRa eJEterier aRa interier .,alls, fe....aatieR, sea .alle (er equLaleRt) aHa aeclEage ae Rat aa.e ae--'RDIBhE ~:~~~E ~~ ::~~(~, .,a.:~~ eama!je er stF1iet~ral aa_ge aRe that tae ee19tie taRl" I'eel, all a~l'liaRees, meesaRieal items, aeating, eeeliR!l, clectrisal, ~lumBiag e) steme aHa _ehiaer) are ia \lQRKnlG CONDITIon. The fere!jeiag '.arFaat) ssall Be limitee t; ;~ ~~: ~!;~~!~~~ li~less eU.en ise I're.iaea ia aa aaacaelt1m. B,,)er !faY, at B,,)er's eJElleRee, he.e iaelleetieRs """ee ef taeee items D _ -i .. -r ~~~~~~~~~ ~~cialieiag ia heme iaelleetieRs aa~ selaia!j aa eee"llatieRal lieease fer eliss p"Flgese (if. requirea) ~r BY a:~~~~~~; ~;::~scs rlerHla eSRtraeteL Bli)er shall, Ilr~er ts Bu) er' s eeeUpaRe) sr Ret lees taae 19 sa) e pr~er te sles~Rg, ,.s __ ~ -~-s ~~~~:' re~~~t iR \.ritin!j te Deller sueh ~tems taat de Rat mee~ the aae.e etaReares as te defccts. Ualess Btlier time;~ ~:~~~~~ =~~: ~:f:::~, B~:~ e~ll Be aeemea te ha.e na~.ea Deller's \~rraRt~es as te defeets RSt rel'ertee. If rel'a~:cs sr rel'laeeme-- --e .~ ~fb~~ ~~ ~~~pl~ ~.its this Dtaaaara, Deller saall sa~se them te Be _ae aRe BasIl Ilai lill te tae ametlRt I'ro.ieee ia Paragraph _____ ~_. ~:l~:: ~~ Ret ,,:~iree te ma],e rellair~ er replaeemsRts sf a eesmetie aature lHl~ees ~atlsee B) a defect Deller is re~;:if;;:; r:~~~ ~: .:~~l.:~.:. ~! :he eest sf slieh rella~r er relllaeemeRE e;<eeeae tae amsliRt Ilrs. ~eea ~R Paragral'h (B), Btl) er s---l---..-; -l~~ :~ p:~ ~~ '::::s':., ~~i:iHg ,:hi~R eitaer Ilarty ilia) ,eaaeel tais Ceatraet. If Eleller is ~Ble te s~rreet the ,aefeete .Ilrie; :0 =~~, tae eest taeresf skall Be Ila~a ~ate eeere at eles~Rg. Eleller shall, lil98R reaseRable ast~ee, pre.~ae tlt~l~t~ss SSF ~cc--a~ a-=-~ te ~~: P~~erty fer iRsllee~ieRs, iael~aiag a. al]( threligs Ilrier. te elssi~g, te eeafiFm that all iteme ef Perssnal ~~er~ a:~;: ~:,c ~':~ ~;~!,e.:.~~ a_~, ':.~)ect te tse feregs~ag, tkat all requ~rea rella~rs ana relllaeemeats ka.e Beea maas aea ____ t e -.--6p- r---, iacllisiag ll-lit aet limited te, la.ffi, sh:cul3eer) aRd peel, if an)', sas Beea maiataiaed ia tae eanaitiaa eJEistiag as ef Eff~ti::;' li~te, eraiaar} near aHd tear eJEcepted. O. RISK OF LOSS: If the Property is damaged by fire or other casualty before closing and cost of restoration does not exceed 3\ of the assessed valuation of the Property so damaged, cost of restoration shall be an obligation of the Seller and closing shall proceed pursuant to the terms of Contract with restoration costs escrowed at closing. If the cost of restoration exceeds 3\ of the assessed valuation of the improvements so damaged, Buyer shall have the option of either taking Property as is, together with either the 3\ or any insurance proceeds payable by virtue of such loss or damage, or of canceling Contract and receiving return of deposit(s). 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(s) ehall, upon written demand by Buyer and within 5 days after demand, be returned to Buyer and simultaneously with such repayment, Buyer shall return Personalty and vacate Real Property and reconvey the Property to Seller by special warranty deed and bill of sale. If Buyer fails to make timely demand for refund, Buyer shall take title as is, waiving all rights against Seller as to any intervening defect except as may be available to Buyer by virtue of warranties contained in the deed or bill of sale. If a portion of the purchase price is to be derived from institutional financing or refinancing, requirements of the lending institution as to place, time of day and procedures for closing, and for disbursement of mortgage proceeds shall control over contrary provision in this Contract. Seller shall have the right to require from the lending institution a written commitment that it will not withhold disbursement of mortgage proceeds as a result of any title defect attributable to Buyer-mortgagor. The escrow and closing procedure required by this Standard may be waived if title agent insures adverse matters pursuant to Section 627.7841, F.S., as amended. Q. ESCROW: Any escrow agent ("Agent") receiving funds or equivalent is authorized and agrees by acceptance of them to deposit them promptly, hold same in escrow and, subject to clearance, disburse them in accordance with terms and conditions of Contract. Failure of clearance of funds shall not excuse Buyer's performance. If in doubt as to Agent's duties or liabilities under the provisions of Contract, Agent may, at Agent's option, continue to hold the subject matter of the escrow until the parties hereto agree to its disbursement, or until a judgment of a court of competent jurisdiction shall determine the rights of the parties or Agent may deposit with the clerk of the circuit court having jurisdiction of the dispute. Upon notifying all parties concerned of such action, all liability on the part of Agent shall fully terminate, except to the extent of accounting for any items previously delivered out of escrow. If a licensed real estate broker, Agent will comply with provisions of Chapter 475, F.S., as amended. Any suit between Buyer and Seller where Agent is made a party because of acting as Agent hereunder, or in any suit wherein Agent interpleads the subject matter of the escrow, Agent shall recover reasonable attorneys' fees and costs incurred with these amounts to be paid from and out of the escrowed funds or equivalent and charged and awarded as court costs in favor of the prevailing party. The Agent shall not be liable to any party or person for misdelivery to Buyer or Seller of items subject to this escrow, unless such misdelivery is due to willful breach of Contract or gross negligence of Agent. R. ~gRNBY FEES, SOSTS. IR aR) litigatiee, iReluding Breaes, eafereemeRt sr iRteFIlretatieR, arisiRg Stlt af this GeRtr::~, t~e ~:::~~~l~~g ~~::.~ ~~ ~~s litigatiea nhieh, fs:c the 1l"Flgeses sf tsis fit_eare, sflall iReluee Eleller, Bli)er, aae aR} Bre],e:cs a ;Rg ~a ~~=~) ~: ~~~~:a:~ ::latieashills authsriees B) Cfla~ter 1:5, F.D., ae amended, shall Be entitles ts reea.er trem the nea I're.ailiRg part) rcaseaaBle attsrne) 's fees, eests, aRa e'~eRses. S. FAILURE OF PERFORMANCE: 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 Paragraph VI and those otherwise accepted by Buyer. Personal Property shall, at request of Buyer, be transferred by an absolute bill of sale with warranty of 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. Page 6 of 7 EXHIBIT "A" THE WEST 100 FEET OF THE EAST 315 FEET OF LOT 16, ESQUIRE SUBDIVISION, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 23, PAGE 43 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. LESS AND EXCEPT THE RIGHT-OF-WAY FOR SW 10TH AVENUE AS RECORDED IN OFFICIAL RECORDS BOOK 8373, PAGE 1018 OF SAID PUBLIC RECORDS. SAID LANDS SITUATE IN PALM BEACH COUNTY, FLORIDA CONTAINING 4,105 SQUARE FEET/0.0942 ACRES MORE OR LESS. Page 7 of 7 STREET / _ L w ~ITIIIIIIIIJJ~ rn i j - ~ < <~ i~ ~ ~ I / t= ~: " c~ 7,.. r If= Vl co r- '- S// S.W. 11TH ST. ~ 7~' '[1] ~ / / i..~ (/I vi tri~ ; tmJffT0/ / GR~5cS OOO~,~ ~ ~ -- ~ ~ GEORGIA STREET / w III1I ~~ w I ~> I ~ ~ ::> BESSIE ST. ~ ,,"'- ~ I < ~ c.,~~v If; " Iff I I - ~ ~== . <==~ < ~ ~ ~ < I F:_I ~ !:::=== ~ ~ I -~ ~ 1- ~ 301 30 I 30 vii vi I vi L- t:::= 30 [IJJ ITIJ vi I . - ~I-- '" < -~ - I-- F:- - iE -I-- F: '" - ~~ - ~ - -- 1--1-- . - ;tl--f-- . 3::-1-- viI-- 3:: Vl f-- Vl '--- 10TH S.W. ~~. <t~ <( "t t;- F: "- 10 ~ ~~. :t-~ ~ <("t ~ 'V ~ < PARK TEN 30 vi ROYAL ALM OR. \ PARK TEN 3RD ADD. - UN TON CEN TRE \ 1-::':: L...JO::: L...J'<( g:o.. (1)-1 '<( ::!;jg \ ~~ [j L...J Cl N l')~Q - 3: <:> - t.ULFRED STREET I J MAROONE FORD MAROONE F NISSAN I LINTON ., ( J A OUTBACK CIRCUIT ) I CITY f...... N - T I w > < ~I-- < I-- I-- II-- ~ ~I-- I-- I-- 30 I-- vi I-- SW 9TH COURT SW 9TH STREET DELRA Y BEACH MEMORIAL GARDENS I ~ o ELLA ST. II~I Ffit ~ m1~ SOUTHRIDGE RD. ::..-- t= ~ ~O c,~ ~(j ~-<' O~ Gj 30 MAROONE vi DODGE ~t 11 ~ ~ (I)!-) Vl SOU THRIDGE ~ ~ CONDO c;: ZEDER AVE. SOUTHRIDGE VILLAGE CONDO BOULEVARD LINTON INTERNA T10NAL PL ZA ROSS ) ) I ----------- 1044 SW 10TH AVENUE OTY OF DELRAY BEACH. fL PLANNING & ZONING DEPARlMENT -- OIGITAL BASE MAP SYSTEM -- MAP REf: LM941 /f i"l '~v L~/4tL -~i- ~ <tJ/~olo a.~d~ 28 Boca Raton/Delray Beach News - TuesdayIWednesday. August 8-9.2006 . www.bocanews.com NOTICE Of INTENT TO SELL REAL PROPERTY NOTICE IS HEREBY GIVEN, that the City af Oeiray BeachiRorida, has de- termined to sell the following real property: Vacant property located on the east side of SW 10th A_va. approximately '250' south of SW 10th Street. Defray Beach. ROfida More particularly described on EKhibit -~-attacheclhereto The sale of the property is for public purposes pursuant to a contract be- tween the City of Delray Beach (Seller) and Southern Development SeMces. Inc. (Buyer) intfie amount of Thirteen Thousand Two Hundred Fifty Three Dollars (513:253,00). plus ado" dlUonal consideration and'terms. as set forth in the' Contract for Sale and Purchase. .Further information may be obtained from the City Clerk"s officE!'. ..... The City Commission of the City of Delray Bea<:h. Florida shall hold a publiC hearing-on the-proposed sale at their regular City Commission meeting of August 15. 2OO6al 7:00 p.-m. in the City Commission Chambers. City Hall. 100 N.W. lsl Avenue, City of Delray Beach. Ronda EXHIBIT-A- LOt 13, LESS AND EXCEPT THE EAST 215' THEREOf AND LESS AND EXCi:pr THAT PORTION WEOF CQ!\!VIOYED BY INSTRU. MENT RECORDEQ:"IN OffiCIAL RECOAOS BOOK 16259, PAGE 854 AND LESS AND EXCEPT THAT POR. TlON THEREOF UTILIZED. fOR RIGHT.Of.wAY PURPOSES FOR S.w. 10TH AVENUE AND WAllACE DRIVE, OF ESQUIRE SUBDIVISION, ACCORDING TO THE PLAT THERE.. Of RECORDED IN PLAT BOOK 23, PAGE 43 OF THE PUBLIC RECORDS Of PALM BEACH COUNTY, FLORI. OA" AND BEING MORE PARTlCU. LARLY DESCRIBED AS FDUOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID LOT 13. LESS THE EAST 215' AND THE NORTH 10': THENCE SOUTH a8 DEGREES 46'49- WEST. A OlSTANCE OF 64.22 FEET ALONG THE SOUTH LINE OF SAID LOT 13 TO A POINT ON THE EAST RIGHT OF WAY L1NE OF SOUTHWEST 10TH AVENUE TH'ENCE NORTH 00 . DEGREES 22'28". EAST; A DISTANCE OF 91.07 FEET ALONG SAID EAST RIGHT OF WAY LINE TO. A POINT _ ON THE NORTH LINE OF SAID lOT 13: THENCE NORTH 88 _ DEGREES 4358' EAST. A DISTANCE OF. 65.1.6 FEET ALONG SAID SOUTH LINE TO THE NORTHEAST CORNER OF SAID lOT 13. LESS THE EAST 215': THENCE SOUTH 00 DEGREES 51'49" WEST. A DISTANCE OF 91.16 FEET ALONG SAID EASt LINE TO THE POINT OF BEGINNING. SAID lANDS SITUATE IN PALM BEACH COUN'rY. FLORIDA. CON- TAiNING 5.890 SQUARE FEET/O.135 ACRES MORE OR LESS CITY OF DELRAY BEACH. FlORIDA Cttevelle D. Nubin City Clerk Publish: August t & 8, 2006 Boca RatonlDelray Beach News cc: c),.e (j ~Jle (!fi) 28 . Boca Raton/Qelray Beach News - TuesdayIWednesday, August 1-2, 2006 . www.bocanews.com NOTICE OF INTENT TO SEU REAL PROPERTY NOTICE IS HEREBY GIVEN. that the City of Delray Beach. Florida. has de- termined 10 ,sell the following real. property Vacant' property located on the east side of SW 10th Aile. approximately 250' south of SW 10th Street. Delray Beach. Aorida More particularly described on ElChibit '"A- attadled hereto The sale 01 the ~roperty is for public purposes pursuant to a contract be- tween the City of Delray Beach (Seller) and Southern Development Services, Ioc. (Buyer) in the amount of Thirteen Thousand Two Hundred Fifty Three Dollars (513.253.00). plus ad'- ditianal consideration and terms. as set forth in theCantract fOf Sale and Purchase. Further information may be obtained from the City Clerk's oHles. The City Commission of the City of Delray Beach. Florida shall hold a Jlublic hearing on the proposed sale at their regular City Commission meeting of August 15. 2006 at 7:00 p.m, in the City .commission Chambers. City Hall. 100N.W, 1st Avenue. City of Delray Beach, Ronda. EXHIBIT-A- LOT 13, LESS AND EXCEPT THE EAST 215' THEREOF AND LESS AND EXCEPT THAT PORTION THEREOF CONVEYED BY INSTRU- MENT RECORDED IN OFFICIAL RECORDS BOOK 16259, PAGE 854 AND LESS AND EXCEPT THAT POR- TION THEREOF UTILIZED FOR RIGHT-OF-WAY PURPOSES FOR S.w. 10TH AVENUE AND WALLACE DRIVE, OF ESOUIRE SUBDIVISION, ACCORDING TO THE PLAT THERE- OFRECOADED IN PLAT BOOK 23. PAGE 43 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORI- DA AND BEING MORE PARTICU- LARLY DESCRIBED AS FOUDWS: BEGINNING AT TH.E SOUTHEAST CORNER OF SAID LOT 13. lESS THE EAST 215' AND THE NOATH 10'; THENCE SOUTH 88 DEGREES 46'49- ,WEST, A DISTANCE OF 64.22- FEET ALONG THE SOUTH LINE OF SAID LOT 13 TO A POINT ON THE EAS! RIGHT OF WAY LINE OF SOUTHWEST 10TH AVENUE: THENCE NORTH 00 DEGREES 22'28- EAST. A DISTANCE OF 91.07 FEET ALONG SAID EAST RIGHT OF WAY LINE TO A POINT ON THE NORTH LINE OF SAlO LOT 13: THENCE NORTH. 88 OEGREES 43'58- EAST. A DISTANCE OF 65.16 FEET ALONG SAtO SOUTH LINE TO THE NORTHEAST CORNER OF SAID LOT 13. LESS THE EAST 2-15': THENCE SOUTH 00 DEGREES 51'49" WEST. A DISTANCE OF 91 16 FEET ALONG SAID EAST LINE 'TO THE POINT OF BEGINNING SAlO LANDS SITUATE IN PALM BEACH COUNTY. FLORIDA. CON. TAINING 5.890 SQUARE, FEET/O.13S ACRES MORE OR LESS CITY OF DELAAY BEACH. FLORIDA Chevelle 0 Nubin CilyClerk Publish: August 1 & 6, 2006 Boca AatonlDelray Beach News