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Res 36-06 RESOLUTION NO. 36-06 A RESOLUTION OF THE CITI COMMISSION OF THE CITI OF DELRA Y BEACH, FLORIDA, AUTHORIZING THE CITI SELL TO BUYER CERTAIN REAL PROPERTI IN PALM BEACH COUNTI, 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 CITI OF DELRA Y BEACH, FLORIDA. WHEREAS, the City of Delray Beach, Florida, wishes to sell certain property located on the north side of SW 11 th Street between SW 1 Oth Ave. and unimproved SW 11 th Ave., Delray Beach, FL; 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 CITI COMMISSION OF THE CITI 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 Nine Thousand Two Hundred Dollars and 00/100 cents ($9,200.00), said property being more particular 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". (' PASSED AND ADOPTED in regular session on the ~ day of 2006. ~Jtz ATIEST: ~ ~ . SJ. \j\~.~ j City Clerk 2 (" 1 ~ 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 lOrn 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. 3 CONTRACT FOR SALE AND PURCHASE PARTIES: The CITY OF DELRAY BEACH, FLORIDA, a F10rida 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" n. 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. rv. TITLE EVIDENCE: Within thirty (30) days from the Effective Date of this Contract, (CHECK ONLY ONE): Seller shall, at Seller I s expense, deliver to Buyer or Buyer's attorney; OR--X Buyer shall at Buyer's expense obtain (CHECK ONLY ONE) : abstract of title~ 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: f3- (J-eJ (, Date B~ Q.. 1!i()(, i"'" A66. PetU..::;r Tax ID No. Social Security or Tax ID No. sC}-:J7~ 2220 ~ ~ S).~~ ~~ 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 11th Street between SW 10th 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. EVrDENCB 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(sl. 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: (11 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(sl, thereby releasing Buyer and Seller from all further obligation under this Contract. B. PUllGBII8II Klt1Bll' USRWGI\GB/ 1lBGlDU:!l'!I' 1IGIlBaJBIl'l !fQ ""..""". 1\ IlIiFeliase msaey msrtEJi'l'iJe aRe meFt'iJa'iJe este te EelleF shall I'FlW4.e1e feF S 3Q aay 'iJFsee lleFiea ie the e.eat ef aef~ult if s fiFst msrt'iJa~e aaa a 15 eal ~rsee I'erise if seesaa er lesseF msrtEJi'l~a/ shall Ilreviee fSF Fi'iJRt ef I'rellaYffieat ie ,mele SF ie llaFt 'fitheut Ileaalt)/ Beall lleEnit aeeeleratise ia eveat sf traAsfeF sf the Real Prsl'ert)/ shall re~iFe all ll:cisF liea aae eaetimBFanees ts ee "ellt ia 'iJssa staaaia'iJ aae fereid msaifieatisas sf sr ftlture 3SYaRees under Ilrisr msrt'iJa'iJe(s)/ shall re~uire Ba)eF ts maiataia Ilolieies of insaFsaee eSRt:aiaia'iJ a staRB.aFd mert'iJa'iJee elaase es.erin'iJ all iffillro,emeats lsestee sa the Real PrspeFt) a'iJaiast fire aaa all lleFils iaeluaea \lithia the teflll "euteasea es.eFa'iJe eadeFseRleats" ans sueh ether Fis],s aae lleFils as 8elleF RIa) FeasBaael) Fe~ire, ia aa amsuat e~al ts theiF hi'iJhcst iaStlFaele ,alue/ ane the R\6Ft~a'iJe, aete aaa seeaFit) a'iJFeemeat shall ee ethen,ise iR fSflll aaa eeateat Fc~iFea ey EelleF/ eat EelleF mal sal} ra~ire clauses eustemaril) feuae ia msrt'iJa'iJes, IIlsrt'iJa'iJe astes, aad seeurit) a'iJFeemeats 'iJeaerall) utilizea e) Sa7ia'iJ aaa lsaa iastitatieas sr state sr aatisaal eaal,s lsestee ia the oeHRt) hereia Real Prsl'art) is lseatea. P~l Pereeaal Prsl'erty aae leases eeia'iJ eSa~e)ea sr aesi'iJaea fill, at EelleF's slltisa, Be stlejeet ts the lien sf a secarit) a'iJreemeat e.iaeaeea e) recsrees fieaacia'iJ statemeats. If a eallssR mert'iJa'iJe, the fiaal Ilaymeat .<ill eueeea the I'erisaie llaYffieats theresa. C. SURVEY: Buyer, at Buyer's expense, within time allowed to deliver evidence of title, may have Real Property surveyed and certified by a registered Florida surveyor. If the survey discloses encroachments on the Real Property or that improvements located thereon encroach on setback lines, easements, lands of others, or violate any restrictions, Contract covenants or applicable governmental regulation, the same shall constitute a title defect. S. RIlKlHS. Ba}er, at Ba)er's elll'ease, uithia time alls,.ea ts aeli.eF eviaeaee sf title aaa to en_iRe saRle, me) aa'..e Real PFslleFty iaBlleetea e) a FlsFiaa CeFtifiea Pest Ceatrel 9I'eFateF ("9I'erater") ts aeteFHliae if there is aay ~isiBle active teFmite iafestatisa eF vieiele euistia'iJ aaJlla'iJe fFem teflllite iafastatiea ia the PFel'eFt). If either er Beta aFe fetlfle, Btl)eF \lill !la.a t aa)s fFem aate ef 'FitteR aetice theFesf .<ithia uaich te ha.e esst ef tFeatilleat, if Fe~uiFed, estimateEl S) the Ol'cratsF aRs all eama~e iRslleetea aRa estimated B) a lieeasee etlilaer OF 'iJoaeFal eentraeter. EelleF shall I'a) valia essts ef treatment aaa Fel'aiF sf all a_a'iJe ull ts the amsuRt IlFevieea ia Para~Fal'h (a). If estimatea essts eueeea that ameuRt, Buyer shall ha,e the SiltieR of eaReelia'iJ this CeRtraet "ithia 5 aa)s afteF re~of eeRtraeteF's repair estimate ey 'iJivia'iJ ritteR netiee te Seller eF Du)er me) eleet te pFseeeel .,ith the traasactisa, aRa reeeLe a eredit at elssia'iJ OR the amsunt IlFeviaea iR pare'iJral'h (a). "Termites" Bhall ee eleemea ts iRelude all ,.eea eestFS)ia'iJ sF~aaisffis Ee~uiFee ts se rel'srtea anElar the FleFiEla Pest COR~~Ct, as emeRaee. 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. LBASBB. Eeller shall, RSt less thaa 15 aa)s eefsEs elssia'iJ, faFRish ts Bayer ee~ies ef all "rittea leases aaa estslll'el letteFs frem "eell teRsat sl'eeifyia'iJ tae aatuFe aaa aaratisR sf the tenaat's eCCUl'aR~, FeRtal Fates, aSYaReee reat aad sesurit) aellssits l'aiEl e) teaaet. If &elleF is aRaele te eetaia sueh letteF fFem eaeh teaaat, the same infsFmatiea shall ee furRished e) Eeller te Bu)er "ithia that time I'eriod iR tae fSFm sf a Eeller's affiaavit, aRa Eu)er mal theFeafteF eSRtaet teRaats ts eSRfiFRl saell iafsFRlBtien. Seller shell, at elesiR'iJ, aeli.eF aRa aesi'iJa all oFi'iJiRal leases te Ba)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. B. PLACK 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. X. TIME: In computing time periods of less than six (61 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~ is of the essence in this Contract. J. DOCOMEHTS 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 BayeE 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. PIlORATICIlS; 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 cst- 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. PeAaiAlJ lieAs as sf aate af DlssiRlJ sRall ae ass_ea BY Bayer. If tRe illlJlra.8lIleAt has BeeA s~staAtiall) eam~letea as af Effeeti.e Bate, aAY l'eRainlJ lieA shall Be eSRsiaeree as eertifiee, eSAfiFffiee sr ratifiee aAa Seller shall, at elasiRlJ, BD eha:ClJee aA amauRt equal ta the last estimate sf assessment far the illlJlrs.ement B) the l'uBlie Baa~. N. INSPIlG'l'IQiI, RBP1la:R J\ND~. Seller ./arraAts that, as sf 19 aa)s prisr ta elasiRlJ, the eeiliRlJ, raaf (iRelueiAlJ the faseia aAe ssffits) aRa enterisr aRe iAteriar .1alls, fauAaatisA, se8'.lalls (ar e~ivaleRt) aRa aaekalJe as Rat Ra.e aR~ ':ISIBLE EWIBEnCE af leal,s, ..ater aaJllalJe sr struetuFal aaRla~e aRa that tRe sel'tie taR]', I'ssl, all appliaAees, meehaAieal items, heatiRlJ, essliRlJ, eleetFieal, 1'1umbiRlJ S)st8lllS aRe maehinery are in WORKI)~ C(>>IDITION. The fsrelJainlJ '~FraAt~ shall ae limitee ta the items s~eeifiea ~Aless atRe~ ise I'Fa.ieea iR aR aaeeeSHm. Bu)er ma), at B~)eF'S el~ense, ha.e iRs~eDtiaAs Rlaae af thase items B) a fiFRl aF iReivie~al sl'eeialiBiRlJ iR heme iRs~eetieAs ane keleiR~ aA seeapatienal lieeAse fer sueR I'u~sse (if FeqHiree) sr B) aR ~~FspFiatel) lieeRsee Flerida eSAtFaetsF. Bu)er shall, I'risr ts Buyer's oeDOpaAe) or Rat less teaA 19 ea)s I'rior ts closiRlJ, .hiehe.er eee~rs first, rel'srt iA .ritiRlJ te Seller s~eh items that ea Aat meet the aBa\e staRaaras as ts defects. UAlese Bu)er timel) reperts sueR defeets, B~)er shall Be eeemea te have /ai.ea Seller's '~FFaAties as ts eefeets Rat repartee. If Fel"airs sr rel"lacemeAt aFe requiree to call1Jlly .1ith teis StaReard, Seller shall Dause them te Be maaD aRa shall pa) up ta tee amouRt I'Fe.iaea iA PaFalJFaph (B) . Seller is Ret re~uiree ts mal,e repaiFs sr replae8llleAts ef a eesmetic Rat~re uRless eausea B) a aefeet Seller is re6poRsial~epair ar replace. If the ceat af a~eh repair ar FeplaeemeRt eneeees the amsuRt I'rs.ieea iR ParalJraph (B), Bu)er sr Seller RIa) elect ts pa~ such eneess, failiRlJ .miee either part) ma~ eaReel teie CSRtraet. If Seller is tlRoole to ceFreet the eefef,'!ts priaF ts elesiAlJ, the esst tReresf shall Be I'aie iAts esera'. at elssiAlJ. Seller shall, UI'SR reassnsBle Astiee, prsviae ~tilities serviee aRa aeeess ts tRe Prsl'ert) fsr iRspeetisAs, iReltlaiRlJ a . all, thre~~ I'risr to clasiRlJ, to caRfiER that all items af PerseRal PFspeFt) aFe SA tRe Real Property aRa, SUBject to the forelJeielJ, that all Fequirea repairs aAe replacements ha,e BeeA maee aRe that the Prel'eFt), iAel~aiRlJ But Aat limitea ta, 18\.R, ahruBBer~ aea I'aal, if aey, hao Been llIaietainee iR the canaition enistiRlJ as af Effeeti.e Bate, aFaiAaF~ '.ear aRe teal' eltcepted. 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) 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. ESC1lOII': 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. ~ IB.S, GOS'l'S. IR aR) litilJatieR, iRel~aiA~ Breaee, eefsFeemeRt er iRterpretatiaR, ar~s~RlJ eut af this CSRtraet, tRe pFevai1iRlJ pa~t) in B~eR litilJstisR ./hieR, fSF the p~~SeeB af this ~taRaare, shall iRel~ae Seller, B~ye~1 ana aAY Bral'e~s aetiR~ iR alJeRe) sr RSRalJeRey relatisAShil'e autRaFiBea B) Chal'teF t75, F.S., as ameneee, sRall ae eRtitlea ta reeaveF fFem the RaR pFevailiR~ part~ reassRaale attarRe)'S fees, eests, aRa elt~eRBeB. S. FAILURE OF PERFORMlPoNCE: If Buyer fails to perform this Contract within the time specified (including payment of all deposit (s) J, 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(sJ without thereby waiving any action for damages resulting from Seller's breach. T. ~ NOT RECORDABLE; PERSONS BODND; 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 ~S: No prior or present agreements or representations shall be binding upon Buyer or Seller unless included in this Contract. No modification or change in this Contract shall be valid or binding upon the parties unless in writing and executed by the party or parties intended to be bound by it. W. ~IES: Seller warrants that there are no facts known to Seller materially affecting the value of the Property which are not readily observable by Buyer or which have not been disclosed to Buyer. Page 6 of 7 2- NOTICE OF INTENT TO SELL REAL PROPERTY NOTICE IS HEREBY GIVEN, that the City of Delray Beach, Florida, has determined to sell the following real property: North side of Southwest 11 th Street between Southwest 10th Avenue and unimproved Southwest 11th Avenue. More particularly described on Exhibit "A" attached hereto. The sale of the property is for public purposes pursuant to a contract between the City of Delray Beach (Seller) and Southern Development Services, Inc. (Buyer) in the amount of Nine Thousand Two Hundred Dollars ($9,200.00) plus additional 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 Beach, Florida shall hold a public 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, 100 N.W. 1st Avenue, City of Delray Beach, Florida. CITY OF DELRA Y BEACH, FLORIDA Chevelle D. Nubin City Clerk PUBLISH: The News August 1, 2006 August 8, 2006 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 BETWEEN 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 north side of SW 11 th Street between SW 10th Ave. and unimproved SW 11th Ave., Delray Beach, FL; 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 Nine Thousand Two Hundred Dollars and 00/100 cents ($9,200.00), said property being more particular 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". PASSED AND ADOPTED in regular session on the 15th day 0 August, 2006. ArrEST: ~.~~.~. ~~~~\ City Clerk 2 EXHIBIT" A" THE WEST 100 FEET OF THE EAST 315 FEET OF LOT 16, ESQUIRE SUBDNISION, 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 lOrn 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 ~ [ITY OF DELIAY IEA[H CITY ATTORNEY'S OFFICE 200 NW 1st AVENUE' DELRAY BEACH, FLORIDA 33444 TELEPHONE: 5611243-7090' FACSIMILE: 561/278-4755 DELRAY BEACH f lOR IDA b.ftIII 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 (1-.... ~ 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 11 th Street between SW 10th Avenue and unimproved SW 11 th 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 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 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 CIlY COMMISSION OF THE CIlY OF DELRA Y BEACH, FLORIDA, AS FOLLOWS: Section 1. That the City Commission of the City of Delray Beach, Florida, as Seller, hereby agrees to 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". PASSED AND ADOPTED in regular session on the 15th day of August, 2006. MAYOR ATTEST: 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 COUNlY, 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 "A" 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 1, 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 I 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 prov~s~ons, 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; X. DISCLOSURES: (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. 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: 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: vacant property located on the east side of SW 10th Ave. approximately 250' south of SW 10~ 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 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 corrmitment, 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. PWGHIISB IIGNIR" JIGR!l!GI'.GB, SBSllRITl!" JlSREBI_ 'l'Q SBLLBR. .... fllirehase meRe) mertga!je aHa mertgage Rete te Seller shall flre.iee fer a 39 aal !jraee fleriea iR the e.eRt ef aefaalt if a first meFEga!je afia a 15 aay graee fleriea if seeeRa er lesser mertgBge, shall fire iae fer right sf flreflaymeat iR "aele er iR flart ..ithelit fleRalty, shall flermit aeeeleratiea ia e eRt ef traasfer ef the Real PrefleFt~, shall re~ire all flrier lieR ana eReameraHees te se keflt ia geea staHaiag aHa feFSia meaifieatieas ef er flit lire aa~aHeeS HASer flrier mertga!je(s), shall re~ire Bli)er te maiataia flelieies ef iasliraaee eeHtaiaiRg a staRaera mertga!jee elalise ee.erin!j all iffiPre emaRts lseatea ea the Real Pre~erti against fire aaa all flerils iaelliaea .ithia the teFffi "e"teaaea ee:erage eaaersemeats" ana saeh ether risl,s aRa flerils as Seller mai reaseRabl) re~ire, ia aH emeliRt e~al te their highest iaearable .alae, aaa the mertga!je, Rete ana seelirit) agreemeat shall se ether ise ia feFffi ana esateat re~irea ei Seller, aHt Seller may eRl) re~ire elalises eastemaril) fe~a ia mertga!jes, mert!ja!je aetee, aaa seelirit) a!jreemeats geaerall) atilieea a) sa~iag aHd lean iastitatieas er state er Ratieaal e~~'s leeatea ia tll.e es_t) .Il.ereia Real Preflert) is leeatea. ...11 perseaal Preflert) aad lesses aeia!j esa.elea er assigaed ,.ill, at Deller's sptiea, se s..ejeet to the liea ef a seelirit) agreemeat e.iaeaeed S) reeeraea fiaaneiag statemeats. If a aalleeR mert!jage, tll.e fiaal fla)....eRt .ill eJEeeea tll.e fleriedie peymeats tll.ereea. 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. _ERS, Bayer, at Bayer's elEpease, .itll.ia time alle\lea te aelLer e'iaeaee ef title aaa te enamine same, mal ha.e Real Prepert) iaspeetea a) a Fleriea Certifiea Pest CSRtrel Gperater ("Gperater") te eeteFffiine if there is aa) .isihle aeti.e termite iafestatisa sr isiale eJEistiR!j damage frem te~te iafestatiaa ia the Prepert). If either er aetll. are fauna, ~er _ill he~e q da)S frsm date ef ,ritteR aetiee taereef ..itll.ia ,,~ie8 te ha e eeet ef treatmBRt, if re~irea, estimatea ay the Operater ana all damage iRspeetea aad estimated h) a lieeasea aliilder or geaeral esatraeter. Seller sll.all pa) .alia essts ef treatmsat eaa repair sf all damage Oil!' te the aRlelHlt pre. ided ia Paragraph _ (a). If estimatea eests eneeea that a_liRt, Bli) er shall ha..e the sl!'tioa ef eaReeliR!j this Caatraet ..itll.ia 5 days after reeeipt ef eeatraetor's repair estimate a) ~i.iR!j Kittea astiee te Seller er BH}er mal eleet te preeeed ~itll. the traRsaetioa, aaa recei e a ereait at elssia!j eR the ameHnt pre iaed ia Paragraph (a). "Termites" sll.all he aeemsa te iRel~ae all .eea destreyiag er~aaisms re~irea te Be repsrtee liRaer the Flarida Pest Cea~Aet, as ameaaee. E. XNGRESS AND EGRESS: Seller warrants and represents that there is ingress and egress to the Real Property sufficient for the intended use as described in Paragraph VI hereof, title to which is in accordance with Standard A. F. ~EI.SgS, Seller shall, aet less thaa 15 days eefere elasiH!j, farRiBa ts B~er e~ies af all rittea leeses aaa est~pel letters fram eaell. teRant speeif)iR!j tae Hatlire aad aliratiea ef tll.e tenaat's eeeliflaae~, reREal rutes, ae BReea reat aHa seearit) depesits paia ay teRaRt If Seller is aRaBle te eataiR slieh letter fram eaell. teaeRt, tll.e same iafermatiea sll.all Be farRi8hee e) Seller te B~)er ..itll.ia that time I!'eriea ia the ferm af a Deller's affiaavit, aRd Bli)er mal thereafter eeataet teaaaCs ts eeRfirm saell. iafermatiea. Seller shall, at elasiRg, eieli'ler aaa assiga all erigiaal .leases ts Bli)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. K. PLACE OF CLOSXNG: 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. TIKE: 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 ~ 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. Peaaia!! lieas as af aa~e af elesia!! shall ae assbllllea a} Btiyer. If the i"'l'..a,eRleat has laeea sUBstaatiall} eS"'l'letea as af Effeeti.e Bate, aay peaaia!! liea shall ae eaasiaerea as ee..tifiea, eaafi....ea ar ..atifiea aRa Celler sliall, at alasia!!. ae ehar!!ea aa amablat e~al ta the last estimate af assessmeat far the i~rsve",aat ay the pUBlie aaa}. N. INSPB~IQN. REPAIR ~ M1.XNTBNANGB. Seller .'a....aats that. as af 19 aays priar ta elasia!!. the aeilia!!. raaf (iaelblaia!! the faseia aaa saffits) aaa enteriar aaa iate..iar ._alls. fa_aatiaa. aaa..alls far e~i'.aleat) aaa aaelEa!!e aa aat he e aa) 'IICIBLE EVIBB!ICB af lealEs. ...ater aama!!e ar stFlietliral liama!!e aaa that the septie taak. paal. all aIlpliaaees, meehaaieal items, heatiR!!. eaalia!!. eleetrieal. phi1l1l3ia!! s}stema aaa maehiaeZi a..e ia 119RKINC C9!IDITI9l1. The fare!!siR!! .arrant) shall ae lilllitea ta the items sIleeifiea _less athe~ ise pra,iaea ia aft aaaeaei\im Bblie.. ma), at BbI)er's ~~ease, he~e iaspeetisns maae af thase items a} a fi.... ar iaaivieiHal sIleeiali2ia!! ia hame iaSIleetiens ana halaia!! aR aee~atiaaal lieease fer stieh pblFIlase (if ..e~irea) ar a) aft dIlpr6Ilriatel) lieeasea rla..iaa eaatraete... BbI}er shall, Ilrier ta Bti}e..'s aeetipaaey a.. Rat less thaa 19 aa)s priar ta clasiR!!, .hiehe.e.. aeeblrs fi..st, ..eIlert ia ..ritia!! ta Celle.. sbleh iteRlS that ae aat meet the aea.e staRliaras as ta aefeets. Ualess BbI)e.. t iRIS 1). I'Bilarts StieR aefeets. BIi)e.. sliall ae aeeRlea ta ha.e ~i ea Eeller's (.a..ranties as ta eefeets aat reIlartea. If repairs al' replaeemeftt are re~il'ea ta ea~l) ,.ith thia Ctaaaara, CelIeI' shall ealise thelll ta ae maee aaa shall ~ay ~ ta the alllablat pra.iaea ia Para!!raph (a) . Seller is aat re~irea ta ~Ee reIlai..s ar ..eIllaeaRleats af a easmetie nattira \iRleas aablaea a) a aefeet Seller is resIlensilal~Bilair ar reIllaee If the east af stieh reIlair ar replaeemeat e"eeeas the ameblfit pra.ieea ia Para!!raph _____ (a). BIi}er ar Saller ma) aleet ta pai' sbleh ~'aass. failia!! hieh ei~he.. Ilart) mai' aaneel this Caatr-aet. If Celler is \iRallla ta earreet the aefaets Il..ia.. ta elaaia!!. the east ~hareaf shall lae paia iRta esera" at elasia!!. CelIe.. shall. bIIlaa ..easaaallle aatiee. pra.iae b1tilitiea sa"iee aRa aeeess ta the P..apert) far iRsIleetisas. iaelblElia!! a .,allE thrati!!h p..iar te elasia!!, ta eaafi.... that all iteRlS af Perseaal P..aIlert) a..e ea tke: Real P..apa..~) aaa. SUBject ta tha fa..e!!aia!!, that all re~i..ea reIlai..s aaa replaeeRleats ha,e beea RlBaa aRa that the Prapert). iaeltiaiR!! bblt Rat lilllitea ta, la.ffi, shntbbe..) aRa paal. if aa), has beea maiRtaiRea ia the eaRaitiaa aJEistiR!! as af Effeeti e Bate. BFSiflal"} ea:r aRe. t;eaF' eJtee13tea. 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) 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. ~SRlmY PBES; SeaTS. Ia aR) liti!!atiaa. iRSlaaia!! areash, eafa..eelllsat a.. iataFIlrata~iaR, arisia!! atit af this Caatraet. the pre. ailia!! pa..~} ia sash. liti!!atiaa (.kish., far tke pblFIlases af th.is g~aaEiara, skall iaelblae Eellar, Bti) ar, aRa aR) e..aIEe..S aetiR!! iR a!!efte} a.. aafta!eae) relatiaash.ips alitka..isea B) ahaIlte.. 1;~, F.C.. as alllBReea. skall ae eatitlea ta ..eea/e.. fralll the Raa pre ailia!! pa..t) reasaaaale attaFBe) 's fees, easts, aRa eJEpeases. 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. CONVlI:YANCE. 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. ~IBS. 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 ~ - -, f--- . .- <( ===~ <( ~ ~- '" w w -<( r-- '" > ~- === <( <( ~ <( - SW 9TH STREET ~ === :r: - ===~ I-- r-- " ~ :r:- -"" :r: c-- jE- f--:r: :r:- DELRA Y BEACH -~ I-- I-- r-~ I-- === <t N ~- ~- MEMORIAL ~ ~ ~ === ~ === ~ f-- - GARDENS SW 9TH COURT vi -,- vi - - _Vl_ - f-- - === === r-- ~- em [IIJ ~ I ~- c-- ui_ r-~ ~-- vi vi f-- vi vi- "-- '---- 10TH ~- STR~ET . ] S.W. -fJ Jrrmw J~ ~ > >= <( <(- <( ~ ~ ~ - ~ ~S>. ~S>' - <( <t~ ~~ :r: - <f I-- - <J."<' t;- <J."<'~ 01 :r: " CV /;:= - I-- - - ~ :r: ~- -if ~ I-- PARK TEN vi co "- ~ vi ROYAL ALM DR. - ,...'1/ S.W. 11TH ST. - y,' itJj. - - PARK TEN - / / - 3RD ADD. ~- UJ . vi- VI iffiE~b/ I I I THE DOUGLASS UN TON GRO VES CENTRE ~ ~ - :;Jv I-- GEORGIA STREET I w 11\11 ~ / => z 'fc w ~ w '" >;>'" f-~ => I BESSIE ST. => z / <( z LuQ:: ~ w ;;:,~ > Lu~ <( <( CO ~Q 11 C/)--.l ~ -...J ~jg /~~ ELLA ST. ~ ~C/) ...J ~:r: ~a ...J / (:)<<, \ o==> W LuClN :r: # l:l <:: Z -~ I-- ~t=. ffi~ / ~ \ <.:l CO MILFRED STREET I _V ~C J SOUTHRIDGE RD. ::r----- ZEDER AVE. ~ t= 11 MAROONE MAROONE vi SOU THRIDGE ~ FORD DODGE VILLAGE ~ C/) MAROONE r CONDO vi SOUTHRIDGE Lu~ Q:: NISSAN CONDO G:: LINTON BOULEVARD A OUTBACK ( J LINTON INTERNA T10NAL PL ZA CIRCUI T /1- ROSS ------- CITY / J I N - 1025 SW 10TH AVENUE OTY Of" DELRA Y BEAOi, FL PLANNING & ZONING DEPARTl.4ENT -- OIGITAL BASE: MAP SYSTEM -- MAP REF: LM941 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 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 CIlY OF DELRA Y BEACH, FLORIDA. WHEREAS, the City of Delray Beach, Florida, wishes to sell certain property located at 1044 Southwest 10th Avenue; 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 CIlY 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 Nine Thousand Two Hundred Dollars and 00/100 cents ($9,200.00), said property being more particular described as follows: North side of Southwest 11 th Street between Southwest 10th Avenue and unimproved Southwest 11 th Avenue. And more particularly described in Exhibit "A" attached hereto. Section 2. That the terms and conditions contained in the contract for sale and purchase and addenda thereto between the City of Delray Beach, Florida, and the Buyer as hereinabove named are incorporated herein as Exhibit "B". PASSED AND ADOPTED in regular session on the _ day of 2006. ATTEST: City Clerk MAYOR 2 RES. NO. 36-06 EXHIBIT "A" North side of Southwest 11th Street between Southwest 10th Avenue and unimproved Southwest 11 th Avenue. PCN 12-43-46-20-18-000-0163 Address: 1044 SW 10th Avenue, Delray Beach, Florida Also known as: THE WEST 100 FEET OF THE EAST 315 FEET OF LOT 16, ESQUIRE SUBDIVISION, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 23, PAGE 43 OF THE PUBLIC RECORDS OF PALM BEACH COUNlY, FLORIDA. SAID LANDS BEING A REPLAT OF THE EAST Yz OF THE WEST Yz OF LOT 29, AND THE WEST Yz OF THE EAST Yz OF LOT 29 OF THE MAP FILED IN PLAT BOOK 1, PAGE 4, PALM BEACH COUNTY PUBLIC RECORDS OF THE SW % OF SECTION 20, TOWNSHIP 46 SOUTH, RANGE 43 EAST, PALM BEACH COUNlY, FLORIDA. SAID LANDS SITUATE IN PALM BEACH COUNlY, FLORIDA CONTAINING 4,105 SQUARE FEET /0.0942 ACRES MORE OR LESS. 3 RES. NO. 36-06 ~!t <.:. f)f <l <! "' <; ___~~.(~~.(N; a! 37N3A 7Iii6 MS Ill' I I , -,-- "71- ". 8: ~~ 'f I - - 1111 9j'l! 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'" i; lil ... ~ i!: ~i::~ i; ~;:;~" ~~ .~~~ll! ~il' ~~~~~ ~~ ;<5<.:~~~~t i~<.:.. ~. Vi II ~~" II ~.. ~~~~Ie~f) 1i:i~~':~~1!r.; ~li!"'8~"'~~ ~~~~~~~~ >:::~~~~e~~ t5 )..-.-;'" ~ "~",~,,,~~i:! >.l\sll'!;;~~~ !l!..."'$!"'<l;'" ~~~>.~~ >. ~!l!iO\<i ",~;::<l;!l:i!l: 9"'''0l~ a::?~~~ Q) c::.~i5 <>~~.:l<;~ ~l!S!l:"';l:'" ~,,~~~~ ...~ "'<.:!l! f'~~~~ "'~~t~~ ~!!!",;::,,~ >.~...~~;! ~f.l:::k ~CQ i5~"1~"'1! I.J~~"'>I~ h~~~~ ~ii1 ~ -~ ~ i!: ~t'l l\s" i; "~ l\s ~ i:: ~t~~~ :'It ......:.... ~ fo,;:: l:i i::!~ ~,,~ ... ~ ~lii d~ ~ ~ ~~ ~ ~ i!: ~ Q ~~ ....... i; ~ ;! ~~ ~ ~ @ ~ @ i- It ~0I8 ~ ~ ~'" ~.... ~ ~ ~ ~ ~.q ~ 0;: ~ ;:: <i I!:~ ...~!!! li! ~ g~~~ :~~ ~ ~ ill",!!!'" ...iI<~ ". "'~~., ~l! <>",~ ~ >:;~~ 1l!~~ ~~;:: ~~U ~~~ ~~~ h~~~~~~ ~~<.: iOl~;::'" !::~ ~~~ ~"'i"'~~;;; "'~i::~ l.U~ qja::r~~~~ . ~"{....:o:t \:il.I./''':: ~ ......"...lllUll!i;Jd ~~ '" ol .. '<i .. l"illl~ I~~~ I '" 1R:~'" l~~!l!~ I~ ~ l~ ~ I gii I~'l I:>.. ...~ 1ll!:.1~ I["'~ !~ '" I I I I I I I R T=i1 ~ u.J u.J :I: ~ Vl g - g Is 8 ~ N -' ~ w ! ~ ok .... ~ ~ .. ~ 2: ~ ~ ok .... ~ ~ ~ 1li ~ ~ ~:. ~ >- <D '" I- .. o <Il Z o iii ;: il! )....:;;:~ ~~h. ~~~G "'CJ)......-J ).... ~L.... Q::~~C) ~6:CJ):;;: ;;:: :s<: I." C) :::59:t'i:!h: G(.5::S9:: 0::l~C)-C) C)V)o... KlJ.j", .. ~g ~ U'~~~ ~ zUJ- 0 ~asffi~~ ...J(/).-.t-:::::- ci~I~~~ U1~S~~~ ill d:;~g~ w~~~u.o: ICiJ:OZQ: s: ::tl~t:gN Z<l:Wcf~ cil ~~ ~~~ Cl ~~ ~ge ..J:;o3:mw wu~:g 6 LL ...J~ ~ -l .... :J <( U l~~"'~ \,~ ,t 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" $9,200.00 II. PURCHASE PRICE 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 11ili Street between SW loth 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 ~he 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: (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 PBRSlIMlB IlOJIEY HGR-'I'S1SB, SBGmlI'l'Y AGRBBI_ '1'0 SBl.LBR. A p>irchase _Rey mert!Ja!Je aaa mert!Ja!Je Rete to 8eller shall pre iae fer a 39 Bay !Jraee periea iR the e.eRt ef eefa>ilt if a first mert!Ja!Je aRa a IS aa) !Jrace periea if eecaRa sr lesser ffiert!Ja!Je, shall pre iae fer ri!Jht sf prepaymeRt iR _hele er iR part itheHt peRalt), shall perffiit aeeeleratieR iR e/eRt ef transfer af the Real Prapert), shall re~ire all prier lieR aRa eRe~raRces te ae ltept iR !Jeea standiR!J aRa ferbia meaifieatiens ef er fut..re aa.aRees ~aer prier ffiert!Ja!Je(s) ,. shall require a>i)er te maiRtaiR pelieies af iRs>iraRee eORtaiRiR!J a staRBara mert~a~ee ela..se eo.eriR!J all iffiPre.emeRts lecatea eR the Real Propert) a!Jainst fire aRa all perils iRelHaea ..ithiR the tel'lR "enteneea ce.era!Je eRaersemeRts" aRa slish ether risl,s ana perils as 8eller mal reaseHaal) require, iH aR amaliRt e~al ta their hi!Jhset iRs..rable .allie, ana tRe mert!Ja~e, nate aRa see..rit) a!JreemeRt ehall ae ether.,ise iR fel'lR BRa canteRt re~irea a) 8eller, SHt 8eller ma) eRl) reEJ;liire ela..ses cllstomaril) faliHa iR mort!Ja!Jes, mart!Ja!Je Retee, aRa sec..rit) a!JreemeRte !Jenerall) ..tilieea a). ea.iR!J aRa lean iRstitlitiens er state ar Ratienal saruts leeatea iR the ee..nt) ..hereiR Real Prapert) is leeated. .'.11 PerseRal Prepert) aRa leases aeiR~ eOR.e)ed er asei!JRea ..ill, at 8eller's sptieR, ae s..bjeet ta the lieR af a see..rity a!JreemeRt e.ideRced a) reearded finaRein!J statements. If a Balloon mert!Ja~e, the fiRal pa)'meRt ..ill e"eeea tae periadie paymeRts taereaR. C. SURVEY: Buyer, at Buyer's expense, within time allowed to deliver evidence of title, may have Real Property surveyed and certified by a registered Florida surveyor. If the survey discloses encroachments on the Real Property or that improvements located thereon encroach on setback lines, easements, lands of others, or violate any restrictions, Contract covenants or applicable governmental regulation, the same shall constitute a title defect. Il 'l'BRHI'l'IlS. B..)er, at all)er's enpeRse, .lithiR time alle\led ta delLer eyideRee ef title aRa te enemiRe same, mal ha,e Real Prepert) iRspeeted a) a Fleriaa Certified Pest CeRtral Operater ("Operater") ta deteFmiRe if taere is aR) \isiale aeti e termite iRfestatioR ar isiale e"istiR!J aama!Je frem teFmite iRfestatieR iR the Prepert)". If either er Beth are fe>iRd, B..)er ..ill aa.e 1 Ba)S frem date af ..ritteR Retice thereef ..ithiR I.hich ta ha. e cast af treatmeRt, if re~irea, estimated B) the Operatar aRa all dama!Je iRspeeted aRd estimatea a) a lieeRsed Bliilaer er ~eReral cantraeter. 8eller shall pa) ,alia easts of treatmeRt aRa repair ef all Bama!Je lip te the ama>iHt prs.iaed iR para!Jraph tal. If estimated casts e"eeed that ama"Rt, a>i)er shall ha.e the sptisR sf eaReeliR!J this CeRtraet ..ithiR S aa) s after re~ef eeRtraetsr's repair estimate a) !JLiR!J .,ritteR Ratice te 8eller ar BIi) er mal eleet ta praeeea ith the traRsaetioR, aRa reesi e a e",edit at elasiR!J en the amsHRt pre.ided in Para~raph _____ (a). "Termitee" shall ae deemed ta insl..ae all ,eea aestre)iR!J er!JaRisms reqairea te se repertea "Raer the Flerida Pest CSRtral ~et, as ameRaed. E. INGRESS AND EGRESS: Seller warrants and represents that there is ingress and egress to the Real Property sufficient for the intended use as described in Paragraph VI hereof, title to which is in accordance with Standard A. F l.&P SBS. 8eller shall, ReE less thaR 15 Ba) s aefere elesiR!J, flirRish ta Bli) er eepies af all ..ritteR leases aRd estappel letters frem eaeh teneRt speeifyiR!J the Rat..re aRa auratiaR ef the tenaRt's eee~aRey, reRtal rates, ad,BReed reRt aRa seelirit) depeaits paia a) tenaRt. If 8eller is "Raale te eataiR e>ieh letter fram eaeh tenaRt, the same iRfarmatieR shall ae f..rnished B) 8elle", te Buyer '.Ii thin that tilll<J periea iR the fol'lR sf a 8eller' e affiaa. it, aRd ali) er may thereafter eeRtact teflaRts ta eanfiFlll s<leh iRfaI1flatisR. 8eller shall, at elosin!J, delL er aRa assi!Jn all eri!JiRal leasee ts B<lyer. 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 BIiyef 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 expensee 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. Pendin!! lieRs as af date af elesin!! shall Be assumed 13) Bu) er. If the impra. ement has seeR s~stantiall) eampleted as ef Effeeti.e Date, an) peRdin!! lien shall Be eeasidered as eertified. eenfirmed ar ratified aRd Beller shall, at Blasin!!, Be ehar!!ed an ameant e~al te the last estimate ef assessment fer the impravement 13) the p~lie sad). N. IHSPECWISN, RBPAIR 1I!m JIAINTBNlIHGB I Beller \larraRts that, as af Ie da) sprier te elasiR!!, the eeilin!!, reef (iRellidia!! the faseia aad seffits) aRd eJtterier and interier ..aIls, falffidatiaR, sea..alls (er eEfULaleRt) aad deel,a!!e da Rat ha.e aR) 'IIBIB!.E E\1IBBtICE af lealls, "ate.. damage ar stl!'Cletli..al damage ana that the septie ta""" peal, all applianees, meehanieal items, heat in!!, eeeliR!!, eleetrieal, plumBin!! slstems and maehiRer) are iR 110RKHIC cmmITIOJl. The fere!!ein!! '..arraftt) Shilll Be limited te the items speeified liRless etae", iee pra.iaed in an adaena...... Bliler ma), at BUl'er's eJlpense, ha.e inspeetieRs maae ef thase items 13) a firm er indi~iEiHal speeialisin!! iR hame inspeetieRs ana helain!! an eee~atienal lieease fer sueh purpese (if required) er 13) aft apprepriately lieeased Fleriaa eent..aeter. BUler shall, prier te Bu)e..'s eecupane) er net less thaR Ie da)s prier te elesia!!, ,.hishe er aCClirs first, repert in .,..itiRg te Beller slieh items that ae net meet the aSe;e staaaaras as ta defeste. Unless Buye.. timel) repa..ts SlieR defeets, Buye.. shall Be seemea te have ..ai ea Beller's ..arraaties as te sefests net repartea. If repaira a.. replaeemeRt are ..eEfUirea ta eempl} ..ith this CtaRsara, Beller shall eause them te l3e mase aRa shall pa} ~ te the ameunt pre.iaea iR pa..a!!..aph (13). Beller is Ret requirea te malte repairs e.. replaeemeRts ef a eesmetie Rature \%RIess ealisea BY a aefest 8elle.. is respeasil3l~epai.. er replaee. If the eest ef sueR repair er ..eplaeement eneeeas the amB~t pre.isea iR Para!!rapR _____ (13), Bliyer e.. 8eller mal elect te pa} slieh encess, failin!! ..hieh either part) Il\a) cancel this CeRtraet. If Celler is uRa131e te cerrest the aefeets prier te elesiR!!, the eest theresf ehall Be paia iRte esere at elesia!!. Celler shall, ~eR reasenaSle Retiee, pre.iae litilities ser>ise aaa aseess te the Prspe..ty fer inBpeetisRs, iRelaain!! a all, threu!!R prier te clesia!!, te eeRfiFlfl that all iteme ef Pereenal Preperty are eR the Real Prspert) ana, s~jeet te the fere!!ein!!, that all re~irea ..epairs ana replasemeRte ha.e BeeR maae ana that the Prepert}, inelliaia!! l3ut Ret limitea te, la.m, shrul9l3er) ana peel, if any, has seen maintainea in the eeaaitieR eJtistiR!! as sf Effeeti;e Date, ere.iRal'} ..ear aRe. tea.. eJteeptea. O. RISK OP 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 OP 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. 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 A~SRNBY PBEBI GOSTB. IR aa) liti!!atiaR, iRellie.in!! I3reaeh, eRfereemeat ar iRterpretatieR, ariaiR!! elit ef this CSRtract, tae prevailing pa..t) in sueR liti~atieR hieh, fe.. the plirpesea af this StaRe.ara, ehall iaeluac Seller, Bli}Cr, aae. aay I3rel,ers aetiR!! in agene) a.. neRa!!ene}. relatiaRaRips autaeri5ee. 13} aAapter 17S, F.C., as ameRaee., shall Be eRtitlea te ress sr frem the Ren pre.ailiR!! part) reasaa<H>le atterne} 's fees, eests, aRe. eltj3eRses. S. PAILURE OP PERPORMANCE: 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 1 OTH 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 I I / L . ~DJIIIIIII]J~ rn Ii I =~ < <~ 1/=:zrr-'. e- ~/ ~~: ~ ~~ ~/ S.W. 11TH ST. ~ Ifr i[11 ~r:?; ; rTTTl~nTI7 / / I ~ ~~~ ~ I- _ GEORGIA STREET / ~ / I-:X: Z / Lu 0:: w 1.W~~ g: Q jt:! U) ....J '< ~ " ~- j" -g: ~ ~~::J / \ ~~ i / \ "''''''" STREn I I- - ~ .f-- ~I- . <I ~ < ~ f--< < I If-- I 1-1 I I- ....1-1- ~ I ~ I I- ~ ;!: ~~ ~ === ~ vir- vi === vi L- === ~ [ill em vi I . - ~- ci <( -ffi I- t.J > < ~- < - - I- I- ~- - - ~- vi- I-- r-- iE -I-- FI-- - iE ~ ~I---- - -I-- 1--_ r-- ;Ii r-- ~- u; -~ vi r-- r-- _ vi '--- 10TH S.W. ~~. <t~ I <<'if t- l- I() ~ ~~. ~~ ~ <<'if ~ 'V t.J > < PARK TEN ~ vi ROYAL I ALM DR. PARK TEN 3RD ADD. - J ~ MAROONE MAROONE vi FORD DODGE MAROONE r NISSAN ............... LINTON . A; OUTBACK ( J CIRCUIT ) 1- ROSS CITY I / N - I I I SW 9TH STREET DELRA Y BEACH MEMORIAL GARDENS SW 9TH COURT e- f-- e- ~e- vie- THE GROVES DOUGLASS w ::;) Z w > < IIIII I L ST. ~ w > < ~(.". ~~ ~ BESSIE ~'.J... :.:::,~ CO I l- e ELLA ST. LJddr I ~LI- sutO'l <Xl -=r = rl/ SOUTHRIDGE RD. ~ ~ SOUTHRIDGE VILLAGE CONDO ~ ~Q c,(.". 1;>~ >':J'<<'; c,c:J ~t Jj ~ ~ U)~ VI SOUTHRIDGE ~~ CONDO G:: ZEDER A lIE. BOULEVARD LINTON INTERNA T10NAL PL ZA f ------ 1044 SW 10TH AVENUE CITY Of OELRA Y BEACH. FL PLANNING'" ZONING DEPARTMENT -- DIGITAL BASE MAP SYSTEM -- MAP REF: LM941 ~C( Lan-tldcu - W IYn lJIS7{)~ a..~dtt:J-I d A ust 8-9 .2006 · www.bocanews.com .28 Boca Raton/Delray Beach News - TuesdayIWednes ay, ug , 100 ANNOUNCEMENTS 10] Legal Notices NOTICE OF INTENT TO SELL REAL PROPERTY NOTICE IS HEREBY GIVEN, that the City of OeIray Beach, Rorida. has de- termined to sell the following r.eal property: North side of Southwest .11th Street between Southwest 10th Avenue and unimproved Southwest 11th Avenue. More particularly describEKlon Exhibit -A" attached hereto. The sale of the property is for public purposes pursuant to a: contract_be- tween the. City of . De/ray Beach (Seller) and. Southern. Development Services..-Inc. (Buyer);n the am0Ul11 of Nine Thousand Two Hundred Dotlars (59.200.00) .plus additi.onal consider. ationand terms. as set forth in the Contract for Sale and- Purchase. Fur- therinformation may be obtained from the City Clerk"s office. The CjlyCom- mission of the City of DetrayBeach. Aorida shall hold a 'public hearing on the proposed sale at their regular City Commission, meeting of August 15 2006 at 7:00 p.m. in the Ci1V Commis- silln Chambers. City Hall. 100 N.W. 1st Avenue, City of OelFay" Beaah Rorida. EXHIBIT 'A' THE WEST 100 FEET OF THE EAST 315 FEET OF lOT 16, ESQUIRE SUBDIVISION, ACCORDING TO THE PLAT THEREOF, AS AECORDED IN PLAT BOOK 23, PAGE 43 OF THE PUBUC RECORDS OF PALM BEACH COUNTY, FlORIDA. LESS AND EX- CEPT THE RIGHT-OF-WAY FOR SW 10TH AVENUE AS RECOROED IN OFFICIAL RECOROS BOOK 8373, PAGE 10/8 OF SAIO PUBLIC RECOADS. SAIQ LANDS SITUATE: m PALM BEACH COUNTY. FLOAIDA CON- TAINING 4.105' SQUARE FEET! 0.0942 ACRES MOAE OR LESS. CITY OF DELRAYBEACH, FLORIDA Chevelle D. Nubin City Clerk PUBl/SH:August 1st & 8th, 2006 Boca RatonlOelray Beach News C,C C{,-lve ((~ (~f) 28. Boca Raton/Delray Beach News - TuesdaylWednesday, August 1-2, 2006 . www.bocanews.com 100 ANNOUNCEMENTS 101 Legal Notices NOTICE OF INTEIlT TO SELL REAL PROPERTY NOTICE IS HEREBY GIVEN. lt1at lt1e City of Oelray Beach, Florida. has de- termined to sell the following real property: North side of Southwest 111h Street between Southwest 10th Avenue and unimproved Southwest 1111'1 Avenue More particularly described on Exhibit 'A" attached hereto The sale -of the property is for public purposes pursuant to a contract be~ tween the City of 081r8V Baach (SeHerland Southern Development SerVices. Inc. (Buyer) In the amount of Nine Thousand Two Hundred Dollars (S9.200.00) plus additional consider- ation- and terms. as sel forth in Ihe Contract for Salesod"Purchase. Fur" :~:~ d~~(~:~:~ ~~~~~iI:~~~ c~~~ mission of the City or .D"ettay Beach. Florida shall hold a public hearing on the proposed sale at their regular City Commission meeting 01 August lS'j 2006 at 7:00 p,m. in the City 90mmis- sion Chambers. City Hall. 100 NW. 1st Avenue, City of Oelray Beach. Aorida EXHIBIT-A" THE WEST 100 FEET OF THE EAST 315 FEET OF LOT 16. ESQUIREi 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 EX. CEPT 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. FLOAIDA CON- TAINING 4,105 SOUARE FEET! Q.0942ACAES MORE OR LESS. . CITY OF OQAAY BEACH. FLORIDA CheveHe O. Nubin C""CIerl< PUBLISH: August 1 st & 81h, 2006 Boca Raton!Delray Beach News