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Res 67-06 /". ,/...... I RESOLUTION NO. 67-06 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRA Y BEACH, FLORIDA, AUTHORIZING THE CITY TO TRANSFER/SELL THREE (3) PARCELS OF REAL PROPERTY IN THE CITY OF DELRAY BEACH WHICH ARE LOCATED AT 802 S.W. 3RD STREET, 1012 N.E. 3RD AVENUE AND 119 S.W. 9TI1 AVENUE, AS MORE PARTICULARLY DESCRIBED HEREIN, TO THE DELRA Y BEACH COMMUNITY LAND TRUST, INC., TO BE UTILIZED FOR AFFORDABLE HOUSING PURPOSES. WHEREAS, the City of Delray Beach, Florida, desires to transfer/sell properties located at 802 S.W. 3rd Street, 1012 N .E. 3rd Avenue, and 119 S.W. 9th Avenue, for the purpose of providing affordable housing as part of the Community Land Trust; and WHEREAS, the City acquired the properties from the County as the result of unpaid property taxes; and WHEREAS, the City Commission has determined that it is in the best interest of the City of Delray Beach, Florida, to transfer/sell said properties for the purpose described above; and WHEREAS, the City Commission has determined that the trans fer/ sale of the properties described above will promote the general welfare of the residents of the Delray Beach. 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 transfer/sell property located at 802 S.W. 3rd Street which is described as: the West 79 feet of the East 104 feet of the North % of the North % of the Southeast % of the Southeast % of the Southwest 1/4 of Section 17, Township 46 South, Range 43 East, Delray Beach, Florida, less the N.25' thereof, to the Delray Beach Community Land Trust. Section 2. That the City Commission of the City of Delray Beach, Florida, as Seller, hereby agrees to transfer/sell property located at 1012 N.E. 3rd Avenue, which is described as: Lots 3 and 4, Block 8, Dell Park, according to the map or plat thereof as recorded in Plat Book 8, Page 56, Public Records of Palm Beach County, Florida, to the Delray Beach Community Land Trust. Section 3. That the City Commission of the City of Delray Beach, Florida, as Seller, hereby agrees to transfer/sell property located at 119 S.W. 9th Avenue, which is described as: Lot 29, Lincoln Park, according to the map or plat thereof as recorded in Plat Book 23, Page 160, Public Records of Palm Beach County, Florida, to the Delray Beach Community Land Trust. ( " /~ Section 4. That the terms and conditions contained in the Contract for Sale and Purchase and addenda thereto between the City of Delray Beach, Florida, and the Buyer as hereinabove named are incorporated herein. PASSED AND ADOPTED in regular session on the ~ day of ~ 2006. ~ l t.J- 'A 0 R "'- ATTEST: ~~ ~~R~.~~.':') City Clerk 2 RES. NO. 67-06 [IT' DF DElRA' BEA[H IUecrk CITY ATTORNEY'S OFFICE 200 NW 1st AVENUE. DELRAY BEACH, FLORIDA 33444 TELEPHONE: 561/243-7090. FACSIMILE: 561/278-4755 DELRAY BEACH F lOR lOA IIa8d All-America City , 1111 ! DATE Writer's Direct Line: 561f243-7090 MEMORANDUM October 23,2006 1993 2001 TO: City Commission David T. Harden, City Manager FROM: Terrill Barton, Assistant City Attorney rfh SUBJECT: Resolution No. 67-06 - Transfer of Three Properties to the Community Land Trust Attached to this memorandum please find Resolution 67-06, and the corresponding contract, both of which propose to transfer three (3) properties from the City to the Delray Beach Community Land Trust, Inc. for affordable housing purposes. Please place the resolution and corresponding contract on the agenda for the November 7, 2006 City Commission meeting for consideration. TCB:srnk Attachment cc: Chevelle Nubin, City Clerk 10.4 RESOLUTION NO. 67-06 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRA Y BEACH, FLORIDA, AUTHORIZING THE CITY TO TRANSFER/SELL THREE (3) PARCELS OF REAL PROPERTY IN THE CITY OF DELRAY BEACH WHICH ARE LOCATED AT 802 S.W. 3RD STREET, 1012 N.E. 3RD AVENUE AND 119 S.W. 9TH AVENUE, AS MORE PARTICULARLY DESCRIBED HEREIN, TO THE DELRAY BEACH COMMUNITY LAND TRUST, INe., TO BE UTILIZED FOR AFFORDABLE HOUSING PURPOSES. WHEREAS, the City of Delray Beach, Florida, desires to transfer/sell properties located at 802 S.W. 3rd Street, 1012 N.E. 3rd Avenue, and 119 S.W. 9th Avenue, for the purpose of providing affordable housing as part of the Community Land Trust; and WHEREAS, the City acquired the properties from the County as the result of unpaid property taxes; and WHEREAS, the City Commission has determined that it is in the best interest of the City of Delray Beach, Florida, to transfer/sell said properties for the purpose described above; and WHEREAS, the City Commission has determined that the transfer/sale of the properties described above will promote the general welfare of the residents of the Delray Beach. 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 transfer/sell property located at 802 S.W. 3rd Street which is described as: the West 79 feet of the East 104 feet of the North ~ of the North ~ of the Southeast y.. of the Southeast y.. of the Southwest '4 of Section 17, Township 46 South, Range 43 East, Delray Beach, Florida, less the N.25' thereof, to the Delray Beach Community Land Trust. Section 2. That the City Commission of the City of De1ray Beach, Florida, as Seller, hereby agrees to transfer/sell property located at 1012 N.E. 3rd Avenue, which is described as: Lots 3 and 4, Block 8, Dell Park, according to the map or plat thereof as recorded in Plat Book 8, Page 56, Public Records of Palm Beach County, Florida, to the Delray Beach Community Land Trust. Section 3. That the City Commission of the City of Delray Beach, Florida, as Seller, hereby agrees to transfer/sell property located at 119 S.W. 9th Avenue, which is described as: Lot 29, Lincoln Park, according to the map or plat thereof as recorded in Plat Book 23, Page 160, Public Records of Palm Beach County, Florida, to the Delray Beach Community Land Trust. Section 4. That the terms and conditions contained in the Contract for Sale and Purchase and addenda thereto between the City of Delray Beach, Florida, and the Buyer as hereinabove named are incorporated herein. PASSED AND ADOPTED in regular session on the day of , 2006. ATTEST: MA YOR City Clerk 2 RES. NO. 67-06 TtflS FORM HAS BEEN APPROVED BY THE FLORIDA ASSOCIATION OF REALTORS8 AND THE FLORIDA BAR II SERVICES. lNC 1* PARTIES: CITY OF DELRAY BEACH, a Florida municipal corporation ("Seller"), 2* and DELRAY BEACH COMMUNITY LAND TRUST t TNf:. ("Buyer"), 3 hereby agree that Seller shall sell and Buyer shall buy the following described Real Property and Personal Property (collectively 4 "Property") pursuant to the terms and conditions of this Contract for Sale and Purchase and any riders and addenda ("Contract"): 5 I. DESCRIPTION: 6* (a) Legal description of the Real Property located in Pa 1m Beach County, Florida: 7* (See legal descriptions attached hereto and made a part hereof.) 8* 9* (b) Street address, city, zip, of the Property: 10 (c) Personal Property includes existing range(s), retrigerator(s), dishwasher(s), ceiling fan(s), light fixture(s), and window treatment(s) 11 unless specifically excluded below. 12* Other items included are: 13* 14* Items of Personal Property (and leased items, if any) excluded are: 15* "As Is" 16* II. PURCHASE PRICE (U.S. currency): . . . . . . . . . .. . . . .. . .. . . .. . . . ... . . . . . .. . . . . . . . . . . . . .. . . . . . . . . 17 PAYMENT: 18* (a) Deposit held in escrow by (Escrow Agent) in the amount of (checks subject to clearance) $ 19* (b) Additional escrow deposit to be made to Escrow Agent within _ days after Effective Date 20* (see Paragraph III) in the amount of . . . . . . . . . . . . . . . . . . . . . , . . . . . . . . . . . . . . . . . . . . . . . . . . , . . . . . , . . . . . . . . . . . . . . . 21* (c) Financing (see Paragraph IV) in the amount of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22* (d) Other. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 (e) Balance to close by cash, wire transfer or LOCALLY DRAWN cashier's or official bank check(s). subject 24* to adjustments or prorations. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 III. TIME FOR ACCEPTANCE OF OFFER AND COUNTEROFFERS; EFFECTIVE DATE: 26 (a) If this offer is not executed by and delivered to all parties OR FACT OF EXECUTION communicated in writing between the parties 27* on or before , the deposit(s) will, at Buyer's option, be returned and this offer withdrawn. 28 UNLESS OTHERWISE STATED, THE TIME FOR ACCEPTANCE OF ANY COUNTEROFFERS SHALL BE 2 DAYS FROM THE DATE 29 THE COUNTEROFFER IS DELIVERED. 30 (b) The date of Contract ("Effective Date") will be the date when the last one of the Buyer and Seller has signed or initialed this offer or 31 the final counteroffer. If such date is not otherwise set forth in this Contract, then the "Effective Date" shall be the date determined 32 above for acceptance of this offer or, if applicable, the final counteroffer. 33 IV. FINANCING: 34* X:l<(a) This is a cash transaction with no contingencies for financing; 35* a (b) This Contract is contingent on Buyer obtaining approval of a loan ("Loan Approval") within _ days (if blank, then 30 days) after 36* Effective Date ("Loan Approval Date") for (CHECK ONLY ONE): a a fixed; a an adjustable; or a a fixed or adjustable rate loan, in the 37* principal amount of $ , at an initial interest rate not to exceed %, discount and origination fees not to exceed 38* % of principal amount, and for a term of years. Buyer will make application within _ days (if blank, then 5 days) 39 after Effective Date. Buyer shall use reasonable diligence to: obtain Loan Approval and notify Seller in writing of Loan Approval by ~o Loan Approval Date; satisfy terms and conditions of the Loan Approval; and close the loan. Loan Approval which requires a condi- ~1 tion related to the sale of other property shall not be deemed Loan Approval for purposes of this subparagraph. Buyer shall pay all loan 1-2 expenses. If Buyer does not deliver written notice to Seller by Loan Approval Date stating Buyer has either obtained Loan Approval or 1-3 waived this financing contingency, then either party may cancel this Contract by delivering written notice ("Cancellation Notice") to the ~4 other, not later than seven (7) days prior to Closing. Seller's Cancellation Notice must state that Buyer has three (3) days to deliver to ~S Seller written notice waiving this financing contingency. If Buyer has used due diligence and has not obtained Loan Approval before ~6 cancellation as provided above, Buyer shall be refunded the deposit(s). Unless this financing contingency has been waived, this .7 Contract shall remain subject to the satisfaction, by Closing, of those conditions of Loan Approval related to the Property; .8* a (c) Assumption of existing mortgage (see rider for terms); or .9* a (d) Purchase money note and mortgage to Seller (see "AS IS" Standards Band K and riders; addenda; or special clauses for terms). )0* V. TITLE EVIDENCE: At least -3.Q.. days (if blank, then 5 days) before Closing a title insurance commitment with legible copies of instru- i1 ments listed as exceptions attached thereto ("ntle Commitment)" and, after Closing, an owner's policy of title insurance (see "AS IS" i2 Standard A for terms) shall be obtained by: i3* (CHECK ONLY ONE): Cl (1) Seller, at Seller's expense and delivered to Buyer or Buyer's attomey; or i4 * Xl (2) Buyer at Buyer's expense is* (CHECK HERE): 0 If an abstract of title is to be fumished instead of title insurance, and attach rider for terms. i6* VI. CLOSING DATE: This transaction shall be closed and the closing documents delivered on Novpmhpr 1 ~, ?006 ("Closing"), i7 unless modified by other provisions of this Contract. If Buyer is unable to obtain Hazard, Wind, Flood, or Homeowners' insurance at a rea- i8 sonable rate due to extreme weather conditions, Buyer may delay Closing for up to 5 days after such coverage becomes available. i9 VII. RESTRICTIONS; EASEMENTS; LIMITATIONS: Seller shall convey marketable title subject to: comprehensive land use plans, zoning. iO restrictions, prohibitions and other requirements imposed by govemmental authority; restrictions and matters appearing on the plat or otherwise i1 common to the subdivision; outstanding oil, gas and mineral rights of record without right of entry; unplatted public utility easements of record FAR/BAR ASIS-1 Rev, 7/04 @ 2004 Rorida Association of REALTORS" and The Florida Bar All Riahts Reserved Pace 1 of 4 $ 30.00 -0- $ $ $ -0- -0- -0- -0- $ 62 (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 sic 63 lines); taxes for year of Closing and subsequent years; and assumed mortgages and purchase money mortgages, if any (if additional items, SE 64* addendum); provided, that there exists at Closing no violation of the foregoing and none prevent use of the Property for 65* res i dent i a 1 purpose(s). 66 VIII. OCCUPANCY: Seller shall deliver occupancy of Property to Buyer at time of Closing unless otherwise stated herein. If Property is intende 67 to be rented or occupied beyond Closing, the fact and terms thereof and the tenant(s) or occupants shall be disclosed pursuant to "AS IS" Standar 68 F. If occupancy is to be delivered before Closing, Buyer assumes all risks of loss to Property from date of occupancy, shall be responsible an 69 liable for maintenance from that date, and shall be deemed to have accepted Property in its existing condition as of time of taking occupancy. 70 IX. TYPEWRITTEN OR HANDWRITTEN PROVISIONS: Typewritten or handwritten provisions, riders and addenda shall control all prin1 71 ed provisions of this Contract in conflict with them. 72* X. ASSIGNABILITY: (CHECK ONLY ONE): Buyer 0 may assig!"!.and thereby be released from any further liability under this Contract; 0 ma 73* assign but not be released from liability under this Contract; orUmay not assign this Contract. 74 XI. DISCLOSURES: 75* (a) 0 CHECK HERE if the Property is subject to a special assessment lien imposed by a public body payable in installments whic 76* continue beyond Closing and, if so, specify who shall pay amounts due after Closing: D Seller 0 Buyer ':J Other (see addendum). 77 (b) Radon is a naturally occurring radioactive gas that when accumulated in a building in sufficient quantities may present health risks t, 78 persons who are exposed to it over time. Levels of radon that exceed federal and state guidelines have been found in buildings in Florid, 79 Additional information regarding radon or radon testing may be obtained from your County Public Health unit. 80 (c) Mold is naturally occurring and may cause health risks or damage to property, If Buyer is concerned or desires additional informatiol 81 regarding mold, Buyer should contact an appropriate professional. 82 (d) Buyer acknowledges receipt of the Florida Energy-Efficiency Rating Information Brochure required by Section 553.996, F.S. 83 (e) If the real property includes pre-1978 residential housing, then a lead-based paint rider is mandatory. 84 (f) If Seller is a "foreign person" as defined by the Foreign Investment in Real Property Tax Act, the parties shall comply with that Act. 85 (g) BUYER SHOULD NOT exECUTE THIS CONTRACT UNTIL BUYER HAS RECEIVED AND READ THE HOMEOWNERS' ASSOCIA 86 nON/COMMUNITY DISCLOSURE. 87 (h) PROPERTY TAX DISCLOSURE SUMMARY: BUYER SHOULD NOT RELY ON THE SELLER'S CURRENT PROPERTY TAXES AS THE AMOUN" 88 OF PROPERTY TAXES THAT THE BUYER MAY BE OBLIGATED TO PAY IN THE YEAR SUBSEQUENT TO PURCHASE. A CHANGE OF OWNER 89 SHIP OR PROPERTY IMPROVEMENTS TRIGGERS REASSESSMENTS OF THE PROPERTY THAT COULD RESULT IN HIGHER PROPERTY TAXES 90 IF YOU HAVE ANY QUESTIONS CONCERNING VALUATION, CONTACT THE COUNTY PROPERTY APPRAISER'S OFFICE FOR INFORMATION. 91 XII. MAXIMUM REPAIR COSTS: DELETED 92* XIII. HOME WARRANTY: 0 Seller 0 Buyer XX NIA will pay for a home warranty plan issued by 93* at a cost not to exceed $ . 94* XlV. INSPECTION PERIOD AND RIGHT TO CANCEL: (a) Buyer shall have 60 days from Effective Date ("Inspection Period") within 95 which to have such inspections of the Property performed as Buyer shall desire and utilities service shall be made available by the Sellel 96 during the Inspection Period; (b) Buyer shall be responsible for prompt payment for such inspections and repair of damage to and restora. 97 tion of the Property resulting from such inspections; and (c) if Buyer determines, in Buyer's sole discretion, that the condition of the Propert} 98 is not acceptable to Buyer, Buyer may cancel this Contract by delivering written notice of such election to Seffer prior to the expiration OJ 99 the Inspection Period. If Buyer timely cancels this Contract, the deposit(s) paid shall be immediately returned to Buyer; thereupon, Buyel 100 and Seffer shall be released of all further obligations under this Contract, except as provided in this Paragraph XlV. The above provision (b, 101 shall survive termination of this Contract. 102 xv. RIDERSj ADDENDA; SPECIAL CLAUSES: CHECK those riders which ate applicable AND are attached to and made part of this Contract: 103* 0 CONDOMINIUM 0 VA/FHA 0 HOMEOWNERS' ASSN. 0 LEAD-BASED PAINT 0 COASTAL CONSTRUCTION CONTROL LINE 104* 0 INSULATION 0 Other Comprehensive Rider Provisions r:){~ddenda 105* Special Clause(s): 106* 107* 108 XVI. "AS IS" STANDARDS FOR REAL ESTATE TRANSACTIONS ("AS IS" Standards): Buyer and Seller acknowledge receipt of a copy 109 of "AS IS" Standards A through Z on the reverse side or attached, which are incorporated as part of this Contract. 110 THIS IS INTENDED TO BE A LEGALLY BINDING CONTRACT. IF NOT FULLY UNDERSTOOD, 111 SEEK THE ADVICE OF AN ATTORNEY PRIOR TO SIGNING. 112 THIS "AS IS" FORM HAS BEEN APPROVED BY THE FLORIDA ASSOCIATION OF REALTORS" AND THE FLORIDA BAR. 113 Approval does not constitute an opinion that any of the terms and conditions in this Contract should be accepted by the parties in a 114 particular transaction. Terms and conditions should be negotiated based upon the respective interests, objectives and bargaining 115 positions of all interested persons. 116 AN ASTERISK(j FOLLOWING A LINE NUMBER IN THE MARGIN INDICATES THE LINE CONTAINS A BLANK TO BE COMPLETED. 117* DELRAY BEACH COMMUNITY LAND CITY OF DELRAY BEACH 118 (BUYER) TRUST, INC. (DATE) (SELLER) (DATE) 119* By: By: 120 (BUYER) (DATE) (SELLER) (DATE) Tax ID No. 20-4162352 Tax ID No. 59-6000308 121* Buyers' address for purposes of notice Sellers' address for purposes of notice 122* at N. Swinton Ave. 100 N.W. 1st Ave. 123* De 1 ray Beach, FL 33444 276-8640 Phone De 1 ray Beach, FL 33444 243-7000 Phone 124 BR91(CRG. l1,e 131 eltu!! (iRalt:lsiR~ 6ssl!!erettil"l~ I3F61(6f!!, if fiR)) Rfil'l'l6S 13616., B:Fe tFl6 SRI) I3F61(srs ElAtitleel 18 S8FV1pensatieR fR S8RRSStisR 125 vritn tl-li8 O~..t. aa~. 126* Name: 127 G661'e.uloth.g Br"llalls, if an) Li",Lill~ 8. "h..... FARlBAR ASIS-1 Rev. 7/04 e 2004 Florida Association of REALTOR~ and The Florida Bar All Rights Reserved Page 2 of 4 128 , "AS IS" STANDARDS FOR REAL ESTATE TRANSACTIONS 129 A. TITLE INSURANCE: The Title Commitment shall be issued by a Florida licensed title insurer agreeing to issue Buyer, upon recording of the deed to Buyer 130 an owner's policy of title insurance in the amount of the purchase price, insuring Buyer's marketable title to the Real Property, subject only to matters con, 131 tained in Paragraph VII and those to be discharged by Seller at or before Closing. Marketable title shall be determined according to applicable Title Standards 132 adopted by authority of The Florida Bar and in accordance with law, Buyer shall have 5 days from date of receiving the Title Commitment to examine it, anc 133 if title is found defective, notify Seller in writing specifying defect(s) which render title unmarketable. Seller shall have 30 days from receipt of notice to remOVE 134 the defects, failing which Buyer shall, within 5 days after expiration of the 30 day period, deliver written notice to Seller either: (1) extending the time for a rea. 135 sonable 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 whicr 136 shall 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 unmar. 137 ketable, use diligent effort to correct defect(s) within the time provided, If, after diligent effort. Seller is unable to timely correct the defects, Buyer shall either 138 waive the defects, or receive a refund of deposit(s), thereby releasing Buyer and Seller from all further obligations under this Contract If Seller is to provide the 139 Title Commitment and it is delivered to Buyer less than 5 days prior to Closing. Buyer may extend Closing so that Buyer shall have up to 5 days from date 01 140 receipt to examine same in accordance with this "AS IS" Standard. 141 B. PtlR611A3C MOfJC'"t M6A1"8AQ[, 3CCURITV ABFU:E:MEf4T 'fa 3ELL!fit A ~UI\"'IId.::'~ IIIUIIt:y IIIUllYdyt:: dllU IIJullyayt::: Ilult::: l.u 3~1It;~ ...,1'ClII ~Iuv;dc Tv. Q S6 142 "sa) ~J a66 ~cl iea iJl\ tRB SweRt sf ~ef6t1lt if a flPSt ffi6ftg6.?j.... a..d a 1: dlly g~G Jo-I'\;;,;vJ ;r Q .;JC.....UIIJ VI 1t:;.;.I.;:)cl IIlud!:::la~!;:;t ...,11(:11; t-J1UV;Jc fu, ,;~I It of pHJt-JaY'I'~'IL ;,. nLvk 143 01 ill part uitL~h...l ~Gl .alt) I JLall PG.I II lit Q,Gc!.lc.uColI ;.1 (,.v~lll uf llC;UI.;lIft,1 vf till;:; Real rlUtJe, Ly, o>llClU It::yU;IC all JJI iUI 1;1:::11.:> ClJlJ t;;11l.rUIIiL, all.....e.:. Lv b! kopt ;11 g6Dd Jllllld 144 i1'\1;I; BAall ferBiell'fl6elifieati6flS af, sr futtJrc ad.aRees under, ptior IIlo.1gage(s). sll"II'cyuile Bu~el to ,"";,,L";I' pol;",;",,, of i""ul <2""'''' "'U"LCl;'I;II~ .! bta. .JalJ "'V' L!:jCl!:j,"" 145 ala~5e 88.aripq~ all iP'f1~r6...6A'l1apqtJ la~at~a all tL~ nG.a.1 rI6~"""l] ~~u;II"",L ~I"" YIIJ u:1I tJcl;b ;11I...luJcJ VV;UI;II LI,e It;;lIlt "C^LellJ\;fJ \JUVCIQ~""" ....IIJ.....IJ~III~lIt~n Zb,d JuGL 146 vLI...... ,;~I~ li'IJ ........I;IJ a~ O(.I!Gf 11115) ,'u.)o'Il~I5I) IC~l1il", ill al1 aP'(1~tJl It e.Cltla! to tile;. 1,;~II1..."",t ;il.!Ulable v'-alu6, &10 the. fflOI'tgligC, r1at~ aRB 60eurity CllfjreeFflsAt GRail 147 b", v~ lei ..ise j" 101111 and content I aqtJil ad b~ Geller, 6t:lt Geller" .a1 only. "'yui,,,, "IClu"",~ &I.J Cu."" Cl!:j'" "'U"LVIIICl' ;11 [uu..d ;" II .0. t~age3, I, ,61'tga~e nates aRa see I:! 148 lit] agl'~I,,"I.~ g~"e;lall) I1tiliIed b1 ~d...jl,~~ ~t let lad'll iI13titutiol,~ 0, ~tc!ll~ 01 IIQt;UIIQI LQII~ IUl",QlcJ ;11 till;: .....uulIly WVIIt::IC;11 tile ni;:;aJ rIO~~tty i3 faGated. All rl.IJ~"af 149 Plv....wlly ""'IIJ IwU.;H;'''''' l.,w;ll~ \,IVIIVvy....J VI UU""';~II\"OOJ vv;U, Ql 3\;f1l~1'~ v.....L;vlt, Dli;; ~uLj'C\Jl tv lIt'C I;el, ,.."c "" .;)........u,;L, a~.caPRep:zJt e...iaSP'l8a8 '8}' 150 T.....\J..."a~d~, f;IGd fiP'lB.fleiRg 3tatefflaf\ts 51 eeP'tifiaates sf titl~. If a l5allaol. Ff15. t9~~G, tI.G f\lf~ll5~l'I1~lIl ..;11 GXG('('E.I tl.(. ~~Ii~J:~ 13e9.,1.16Ms t~e~aPl. 151 C. SURVEY: Buyer, at Buyer's expense, within time allowed to deliver evidence of title and to examine same, may have the Real Property surveyed and certi- 152 fied by a registered Florida surveyor. If the survey discloses encroachments on the Real Property or that improvements located thereon encroach on setback 153 lines, easements, lands of others or violate any restrictions, Contract covenants or applicable governmental regulations, the same shall constitute a title defect. 154 D. WOOD DESTROYING ORGANISMS: DELETED 155 E. INGRESS AND EGRESS: Seller warrants and represents that there is ingress and egress to the Real Property sufficient for its intended use as described 156 in Paragraph VII hereof and title to the Real Property is insurable in accordance with "AS IS" Standard A without exception for lack of legal right of access, 157 f. tEASCrs;. :Jellel 31u!.1I ~ll!.a3t 10 da).!t befOll. 01.03;119, fulfli3M to Du~~, ,-"v~;v~ or ~JI YVI;Ll'='III~Q~t:~ ClIIJ c~lulJ...,cllt::ltt:;l~ (lUll I t::C:U...JI lCIlc:1.lIl';;'I-"'c\J;fy;..9 H 10 flalul~ 158 c;u IJ dult~l;VII vf lIlv LwllCU Ir~ """v........pdIlGy, I Glltall~l~~, z...dvulI~Gd j Gilt l.IIJ ..J~ct.1 ill elel36J:tJ pltld by tGI u5.1,t If 0(..(1(.1 ;3 ullt!lblG ta obtain ~tlG" lafter ffeFA sasR te,... 159 ant, the 3tlmc irtfofFflMial, .!hall Be fur"i3nGd b) Ol.lJC.1 ta DtlyGI ..ithill 1I1~ l;IIIG pGI ;0<:1 ;1. tL~ fVIIl1 uf Q Jvllw' .~ affiJay;ll QIIJ DuycOl IlIay U lv' ""l1ftcl Gel1m~t te.I~- 160 allt to dzsp\firm .3l::Jafiq iRfef""ati5F'.. If the tCfFfl~ at tR~ lea3e3 differ mMefjalf~ from CeJlcI'3 le.~I"".:S~lllAL;OllJ, DLy~1 IllQY lWllllillr;lb;; U,i.! Oonhact 6) ae:li.sriRg ..fit 161 ta,.. ,o~,,5 13 Gellel at least E: 8a,s faRel 15 CI63iR~. Celler 3RslI, at OI6~iR~1 deli IIcr aJ 10 c!4~!.;91' &11 6. ;~;I n."II~u.~",w L6 DUy(!'l. 162 G. UENS: Seller shall furnish to Buyer at time of Closing an affidavit attesting to the absence. unless otherwise provided for herein. of any financing statement, 163 claims of lien or potential lienors known to Seller and further attesting that there have been no improvements or repairs to the Real Property for 90 days imme- 164 diately preceding date of Closing. If the Real Property has been improved or repaired within that time, Seller shall deliver releases or waivers of construction 165 liens executed by all general contractors. subcontractors, suppliers and materialmen in addition to Seller's lien affidavit setting forth the names of all such gen- 166 eral contractors. subcontractors, suppliers and materialmen, further affirming that all charges for improvements or repairs which could serve as a basis for a 167 construction lien or a claim for damages have been paid or will be paid at the Closing of this Contract. 168 H. PLACE OF CLOSING: Closing shall be held in the county wherein the Real Property is located at the office of the attorney or other closing agent ("Closing 169 Agentj designated by the party paying for title insurance, or, if no title insurance, designated by Seller. 170 I. TIME: In computing time periods of less than six (6) days. Saturdays. Sundays and state or national legal holidays shall be excluded. My time periods provided 171 for herein which shall end on a Saturday, Sunday, or a legal holiday shall extend to 5:00 p.m. of the next business day. Time is of the essence in this Contract 172 J. CLOSING DOCUMENTS: Seller shall fumish the deed, bill of sale, certificate of title, construction lien affidavit, owner's possession affidavit, assignments of leas- 173 as, tenant and mortgagee estoppel letters and corrective instruments. Buyer shall fumish mortgage, mortgage note, security agreement and financing statements. 174 K. EXPENSES: Documentary stamps on the deed and recording of corrective instruments shall be paid by Seller. All costs of Buyer's loan (whether obtained 175 from Seller or third party). including, but not limited to, documentary stamps and intangible tax on the purchase money mortgage and any mortgage assumed, 176 mortgagee title insurance commitment with related fees, and recording of purchase money mortgage, deed and financing statements shall be paid by Buyer. 177 Unless otherwise provided by law or rider to this Contract. charges for the following related title services. namely title evidence, title examination, and closing 178 fee Oncluding preparation of closing statement), shall be paid by the party responsible for furnishing the title evidence in accordance with Paragraph V. 179 L PRORATIONS; CREDITS: Taxes, assessments. rent, interest, insurance and other expenses of the Property shall be prorated through the day before Closing. 180 Buyer shall have the option of taking over existing policies of insurance, if assumable, in which event premiums shall be prorated. Cash at Closing shall be increased 181 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 182 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 183 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 184 fixed and current year's assessment is available, taxes will be prorated based upon such assessment and prior year's millage. If current year's assessment is not 185 available. then taxes will be prorated on prior year's tax. If there are completed improvements on the Real Property by January 1st of year of Closing, which improve- 186 ments were not in existence on January 1 st of prior year, then taxes shall be prorated based upon prior year's millage and at an equitable assessment to be agreed 187 upon between the parties; failing which, request shall be made to the County Property Appraiser for an informal assessment taking into account available exemp- 188 tions. A tax proration based on an estimate shall, at request of either party, be readjusted upon receipt of current year's tax bill. 189 M. SPECIAL ASSESSMENT LIENS: Except as set forth in Paragraph Xl(a}, certified, confirmed and ratified special assessment liens imposed by public bod- 190 ies as of Closing are to be paid by Seller. Pending liens as of Closing shall be assumed by Buyer. If the improvement has been substantially completed as of 191 Effective Date, any pending lien shall be considered certified, confirmed or ratified and Seller shall. at Closing, be charged an amount equal to the last esti- 192 mate or assessment for the improvement by the public body. 193 N. INSPECTION AND REPAIR: DELETED 194 a. RIEI< gr bees. If t~e r, 6J5aJ'lt) i.3 dlt",~gl.d 15:J hI ~ o. u 1I1,",1 \JQ.;auAIly t,!fol! OI.....~;II~ arid Go.!t of I G3tore.1jefl aess f'l6~ 6J!ee....a 1.5 9b sf the r't4fSI>qSS8 ["'FisS', 195 ,",v,;;,l vr 1.d..;alVI~l:,,",,11 ~IIQIII.)~ QII vlJl;=,UC...,11 uf 3C'lICI QIIJ OIV';>>;II':t ~llo.ll tJ1U\JccJ ....u.O>uCllllLu tile It:;IIIIO> vf 1I1;~ OVlltl~(..t ....,;t1. I'J101!ll;ofl aa,.stJ e.s5FO".ea at 196 OI..:...:r;II~. IF t1IG OoJt at I.....Wl""H....L:VII \oo.n.:.~.::.dJ 1.S~& .....f 11,..... r u,.....Lu.;)~ F\ :IJ~, QUI"'" .;)1,,,,,,11 ....aLco, Lake L1lw Yl.....t--'Wll] g~ ;~, l~9GtL~j ..:111 z.itl..::.. till. 1.59(, 31 6rl:' i"S~1 197 a.J.3'::' pI6a~&a5 ~a)abk.. 6) 1I:lttJ' of ~tJGh lo~3 VI jQIIIc!l.9~t 01 Iv\.le;vt:: a It::fullJ uf Jt:::..,u;,;l~), lIn::::It::Ly 1~1t:;d.~;HY Ouyt::1 QIIJ 8t::llc, f,ulll all fU,U,C, uLJI;~aCv...!J 198 Ullavl 111;~ 6"'1 It. en...l. 199 P. CLOSING PROCEDUR E: The deed shall be recorded upon clearance of funds. If the title agent insures adverse matters pursuant to Section 627,7841. 200 F.S" as amended. the escrow and closing procedure required by this "AS IS" Standard shall be waived. Unless waived as set forth above the following FAR/BAR ASIS-1 Rev. 7/04 @ 2004 Florida Association of REALTORS'" and The Florida Bar All Rights Reserved Page 3 of 4 201 "AS IS" STANDARDS FOR REAL ESTATE TRANSACTIONS (CONTINUED) 202 closing procedures shall apply: (1) all closing proceeds shall be held in escrow by the Closing Agent for a period of not more than 5 days after Closinl '203 (2) 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 Selh '204 shall have 30 days from date of receipt of such notification to cure the defect; (3) if Seller fails to timely cure the defect, all deposits and closing func 205 shall, upon written demand by Buyer and within 5 days after demand, be returned to Buyer and, simultaneously with such repayment, Buyer shall retur 206 the Personal Property, vacate the Real Property and reconvey the Property to Seller by special warranty deed and bill of sale; and (4) if Buyer fails t 207 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 t 208 Buyer by virtue of warranties contained in the deed or bill of sale 209 8. ESeRS.'';. All] OIVW;II~ A~:p..."l VI ~w"'lvn u~vlll (....vlk.vl;...wly fiA~\,oollrf) Iv"'1;i;V;II~ fUI,J,;) VI v""'Iu;YQlwlll;..;I Qull,v,:4IWJ QIIJ U.~I\J'-JJ 151 d~z..l5taIlG<:' of tl.~11l t 210 d"~uw:L tI'(.t11 pIO'III3t1,. nola 3arl1C: in GJCIOu dna, .3t!bj~Gt to C.1t.alc5.J,CC, d;bbu,.:;Jc U''C;;IIt;.. a(.l,.,v.Jaw....r;; vv;U. It;;lIlt.::J CIIJ \"uIIJ:l;oIl3 of lLi~ OOllt.ac.t. ra;luJ 211 ",r L.....a~ to """........1 ':""811 "at e;){stjse BMjer'S ,asl4arFFl8AEJs. If iFl aSl::JBt 63 16 ~~'fJeflt'~ e1t1ti<.J 61 liabilitic3 tluaer the I5la.,Lsiot1~ at this CSFttfBat, AgSRt "'8), { 212 AgeRt'e e~tiBFI, eeAtiFlble ts Asia tlxle s~Bjeat R=lsMer sf tfie e3B1'8... l.1Rtil th<;. J3al1:i~J 1,(..("t6 l1gl ~(., to :tJ cI:~bt.u J(.I'I~,.t o. ul.tH a jJ:la~fAeRt sf 8 e6~ft 8f 66Pr 213 r-c.tc.,.t jts! i3dictiOf'l :'3"'811 efetul'l'IiRf: tl'le ri!=jRtS af tRf: 1'l8rtie:'3, ar A!=jeFlt l'l'Ia) eff:pa3it 3M ,e. ..ith the c;lel k of the. cilGtJit G6t.l't "'a.iAg jtJri:'3elietiafl af tl'le efi~ 214 J9~te. AFI aM6rFle~ WAS Ral9rsse.flts e ~aftl aAa aha eet3 a3 A~Cflt me) rCpre3!nt !tJ(.L pelll) :11 ~u(,J. g"l:"II. Up,",,11 116t;l).;I.~ an ~aJ1:i("J ea"Ge.IJ,~d of vU(. 215 Q"l:vlI, ",II l;gl.,;ra, VII L11'-" p6.,1 \"If ^g(.. 11 wl.~1I full) t~"II;Ilu.lwt ,-,,^vwtJ1 b.... U,'-" v^Lwlll vf a.",,-,vulIl;lI~ fVI UIIY ;l'GllI~ p,G.v;vD.!I, d(..li. l.!c.a Bldt af e.38fe.... If 216 1;'-''l;;;;:II~wJ I'l;;;;:QI 'C;i.>Lglw tllvkwl, A~"",l wv;U cV'lltJly wv;1L PI\."";W;\"IIIW \.If OLu.plc!l 47St r:8., ~~ U.'UI;,;;;IIJwd. AllY ~u:l ~vtu":'("I, DtJ)l.r aRs E':aller :IRereiA .~eFlt i 217 R.aa.:i a rsart) 13(..1..1l1S8 af aatiflg BoB .~,~ofllt RcretlJSH:Jell 31 ill dri) J(jit ...k~IGin Ageht 1~,1wlpk.dd3 thG 3u1Jject IllQUGl of tl.(, (,~c.lau, }\~eFlt :3Rall fe6eVer rea 218 w\"ll u..b-k.. c5.tb'~III""l 9.:., 1(.,(.....1 al,a (,o..:..t.:. ;1I....UIll..~ U;U, tLGw.... u."16ullt~ to b..... pa;J [IVIII ~IIJ \,/u1 \"If tL", .....wwl vn.....J rUllaw ...... ....~u;v""'I(,..t aRer Ghaf~<:d aRa anal ae~ 219 !l.a a3tu1f: Mata;1'\ fe..ar sf tke j!!.!e.ailil'lg "apt,. TRe t.gaAt 5"'all net 5e liable 13 an) ~aI1) or 1'381681, fal n,i6efeli.8!} ta DI::I)8r sr ~8118r 8f itsFRB SblBj8St tl 220 tAe eesrew, 1:11'11888 8wel'l FRis8sliv8P/ is 81::18 te willfbll BFsael'l sf tlls j9revisisAs af t"'ia OantJ'ftet elr !!IIaM 1'18!!1li!jeflee af .~.ge"~ 221 R. ATTORNEY'S FEES; COSTS: In any litigation, including breach, enforcement or interpretation, arising out of this Contract, the prevailing party in sucl 222 litigation, which, for purposes of this "AS IS' Standard, shall include Seller, Buyer and any brokers acting in agency or nonagency relationships author 223 ized by Chapter 475, F.S., as amended, shall be entitled to recover from the non-prevailing party reasonable attorney's fees, costs and expenses. 224 S. FAILURE OF PERFORMANCE: If Buyer fails to perform this Contract within the time specified, including payment of all deposits, the deposit(s) pai< 225 by Buyer and deposit(s) agreed to be paid, may be recovered and retained by and for the account of Seller as agreed upon liquidated damages, con sid. 226 eration for the execution of this Contract and in full settlement of any claims; whereupon, Buyer and Seller shall be relieved of all obligations under thi! 227 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 te 228 make Seller's title marketable after diligent effort, Seller fails, neglects or refuses to perform this Contract, Buyer may seek specific performance or elee- 229 to receive the return of Buyer's deposit(s) without thereby waiving any action for damages resulting from Seller's breach. 230 T. CONTRACT NOT RECORDABLE; PERSONS BOUND; NOTICE; FACSIMILE: Neither this Contract nor any notice of it shall be recorded in any pub. 231 Iic records. This Contract shall bind and inure to the benefit of the parties and their successors in interest. Whenever the context permits, singular shal 232 include plural and one gender shall include all. Notice and delivery given by or to the attorney or broker representing any party shall be as effective as i1 233 given by or to that party. All notices must be in writing and may be made by mail, personal delivery or electronic media. A legible facsimile copy of thiE 234 Contract and any signatures hereon shall be considered for all purposes as an original. 235 U. CONVEYANCE: Seller shall convey marketable title to the Real Property by statutory warranty, trustee's, personal representative's, or guardian's deed, as 236 appropriate to the status of Seller; subject only to matters contained in Paragraph VII and those otherwise accepted by Buyer. Personal Property shall, at the 237 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. 238 V. OTHER AGREEMENTS: No prior or present agreements or representations shall be binding upon Buyer or Seller unless included in this Contract. No mod- 239 meation to or change in this Contract shall be valid or binding upon the parties unless in writing and executed by the parties intended to be bound by it 240 W. SELLER DISCLOSURE: (1) There are no facts known to Seller materially affecting the value of the Property which are not readily observable by Buyer 241 or which have not been disclosed to Buyer; (2) Seller extends and intends no warranty and makes no representation of any type, either express or implied, 242 as to the physical condition or history of the Property; and (3) Seller has received no written or verbal notice from any governmental entity or agency as 243 to a currently uncorrected building, environmental or safety code violation. 244 X. PROPERTY MAINTENANCE; PROPERTY ACCESS; ASSIGNMENT OF CONTRACTS AND WARRANTIES: Seller shall maintain the Property, 245 including, but not limited to lawn, shrubbery, and pool in the condition existing as of Effective Date, ordinary wear and tear excepted. Seller shall, upon 246 reasonable notice, provide utilities service and access to the Property for appraisal and inspections, including a walk-through prior to Closing, to con- 247 firm that all items of Personal Property are on the Real Property and that the Property has been maintained as required by this "AS IS' Standard. Seller 248 will assign all assignable repair and treatment contracts and warranties to Buyer at Closing. 249 Y. 1031 EXCHANGE: If either Seller or Buyer wish to enter into a like-kind exchange (either simultaneous with Closing or deferred) with respect to the 250 Property under Section 1031 of the Internal Revenue Code ("Exchange'}, the other party shall cooperate in all reasonable respects to effectuate the 251 Exchange, including the execution of documents; provided (1) the cooperating party shall incur no liability or expense related to the Exchange and (2) ~52 the Closing shall not be contingent upon, nor extended or delayed by, such Exchange. ~53 Z. BUYER WAIVER OF CLAIMS: Buyer waives any claims against Seller and, to the extent permitted by law, against any real estate licensee involved in !54 the negotiation of the Contract, for any defects or other damage that may exist at Closing of the Contract and be subsequently discovered by the Buyer or !55 anyone claiming by, through. under or against the Buyer. Riders and contracts can be obtained by contacting Florida Lawyers Support Services, Inc. (407) 515-1501 FAR/BAR ASIS-1 Rev. 7/04 @ 2004 Florida Association of REALTORS" and The Florida Bar All Riahts Reserved Pace 4 of 4 LEGAL DESCRIPTION West 79 feet of the East 104 feet of the North one-ha1f(~) of the North one-half (~) of the Southeast one-fourth (114) of the Southwest one-fourth (1/4) of Section 17, Township 46 South, Range 43 East, Delray Beach, Florida, less the North 25 feet thereof. AND Lot 29, LINCOLNP ARK, according to the map or plat thereof as recorded in Plat Book 23, page 160, Public Records of Palm Beach County, Florida AND Lots 3 and 4, Block 8, DELL PARK, according to the map or plat thereof as recorded in Plat Book 8, page 56, Public Records of Palm Beach County, Florida. ADDENDUM TO "AS IS" CONTRACT FOR SALE AND PURCHASE SELLER: CITY OF DELRA Y BEACH, a Florida municipal corporation BUYER: DELRA Y BEACH COMMUNITY LAND TRUST, INC. 1. This Contract is expressly contingent and conditioned upon the approval of the same by the City Commission of the City of Delray Beach. 2. The parties represent and warrant that there is no broker involved in this transaction to whom a commission would be due. DELRAYBEACHCOMMUNlTYLAND TRUST, INC., Buyer CITY OF DELRA Y BEACH, Seller By: By: Date: Date: :=J I II S.W. - - - - - - - - - - - - - '-- S.W. - .----- - - - - - - - - - - - - - - - - - - - - - - - ---s:w: -----., r- We- ::l z- W > <( ~L-JI c-- I--- I-- ~ I--- <( I-- r--- . 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V I - _w z N.E. f------- f------- f------- ~ N.E. f---- f---- f---- I--- N.E. I--- I--- I--- I--- N.E. I--- I--- N.E. - - - GFORGE f--- I-- N.E. ST. 7TH f----- W > <( ~ N.E. 6TH ST. ~DNE N - I I I I 14TH J N.E. 14TH ST. I (LAKE AVE.) 7"'"" ~IIIIIIIIII :z LAKE AVENUE S. ;...: I I I I~ II \\' .>- ~ :r (:) :r _ _ N.E. 0"-- F----- 0 '------ Z - f-- Z ~. I--- ::J ::J >:)J - ~ ~ ~OUat==J LJ~ ~ TERR. ~f--I ~ ~ N.E. N. E. I ST. 13TH ST. ) J !:tJ <( 7 ~ 11TH ST. ~~ ~ST.l ) 9lli S~ Jp / / / / / t - ~". ':'v~ <<~ ==1~W BUSH .W 'I f-- ~ I--- 1---- <( I--- ~ ..::,'?' S 0..;:) <0 - I--- J---- 5TH I I I I /; / ~DJ~ ~o ~ / ~DIJ=~e- , f-- V UJ >< 6 I--- f!: <Xl ~ r-- I--- I--- I-- I--- f----- f----- I--- f----- ~I--- _ I----- I- <(I--- _ -I- -I- w z - I--- - - - '--- ~ULEVARO N.E. 7TH CT. tffiE 7TH ST. ,~c-- <(- w I- I-- lXl_ 6TH w z 1012 NE 3RD AVENUE CITY Of' OELRA Y BEACH, Fl PLANNING '" ZONING OEP ARTlAENT 1m SUBJECT PROPERTY CITY OF DELRAY BEACH PROPERTY TRANSFER TO COMMUNITY LAND TRUST -- DlG/rAL BASE MAP SYSTEM -- MAP REF: - I ~ W - r-- - T . I w w- > - -----. -~ w <( > I > ~- I I - \ <( <( <( I ] - - - I I I - 1ST ST. - N.W. - ,---- ~ rnm~[JIJ]~ - - I--- I I-- - Ol - I---- I - I b- l- f--- I---- I-- - ,--- l- N l- s: I---- l- I I--- I--- -~ I- Z - - s: I-- f--- I---- - -;:: - z I-- - I---- - - - I--- - - - I--- - - s:- - s: i--- i--- Z,..-- c--- Z - o .illillTIJ ITD I I \ 3: "." 2 Z Z ~ ATLANTIC AVENUE 0_ - r - I I \ I --L- - - w w w > > - w <( <( <( w w - > Ft: w > > - <( - <( <( - - - - c----- - - - f---- - - l--- I--- - - I--- - l--- I---- - - I--- - L...-- L...-- - '--- L...-- 1ST ST. S.W. - - -- - - I ---'-- -F - - - f--- I--- Ol -I ,--- f--- - I -I-- I-- I - - N ~ I-- -~ ~ 0 ~ - ~ - - F - I - I---- 00 I-- - I I l'- I-- I-- - - - - - - <.0 II U1 - - s: - - - II I--- vi - I---- I---- - I---- I \ \ l--- - - I--- L.-- '---- - - I--- - '-- ST. ~ 2ND ]]IJIII - - - - \ J l EBIE - - - - ~ -- - - - - /o~ - i--- - - - - - - l- s: s: - -~ s: a vi (f) (f) - - vi I ~ ~ T - ffiI8 " s: - s: ~ 5.. N vi - === vi (f) ~ / \ ~e- TmE i - ffiTI - I--- 7 \~ I f--- N - 119 SW 9TH AVENUE CITY OF DELRAY BEACH PROPERTY TRANSFER TO COMMUNITY LAND TRUST CITY DF DELRA Y BEACH. FL PLANNING &: ZONING DEPARTMENT mI SUBJECT PROPERTY -- DIGITAL BASE MAP SYSTEM -- lAAP REF: cc' L~(#?L 1m ~) /11 ?(CJ0 /I~d~ www.bocanews.com . Boca Raton/Delray Beach News - Monday, October 30, 2006 35 100 ANNOUNCEMENTS 101 Legal Notices NonCE OF INTENT TO TRANSFER! SELL REAL PROPERTY NOTICE IS HEREBY GIVEN lhal Ihe City 01 Dalray Beach, Florida, an- nounces its intenlion 10 !ransf()rfsell . certain real property lo'r affordable housing purposes as part of the,Com- muni1y land Trust, more particularly described as follows: The.West 79 feet of the East 104 feet of lhe North 112 of the -North 112'01 the So~heast 114 of the Southeast" 1/.,," of the So~1t\WeSI -1/4 , ot, Section ,-17 Township 4,1>. South: "Range 43 East" Dalrey Beach. FIOIJda, loss lhe N;2S: thereof, , lol 29, Uncoln Park, 'accoidlng to Ihe map or pla1 thereol as recorded In Pial Book 23 Page 160. Public Records 01 Palm Beach County, Florida Lois 3 and 4. Block- 8, DeH Park. ac- cordIng to the map or plat thereol as recorded in Plat Book B. Page 56. ~:~~~. F:~aords 01 Palm Beach Oth~r lerms 01 the transfer/sale are contained in the Contract ior Sare and Purchase between the .Cily and the Communily Land Trus!. A resofutlon 01 the CUy Commission aulhorlzlng Ihe tla~sler{sale 01 .real property incofpo- rahng the terms and conditions there- 01. VillI be COnsidered at a public hear. Ing to, be held on November 7, 2006 61 7:00 p.m. 81 City Hall, 100 N.W. 1s1 Avenue, Delray Beach. Rocida CITY OF DRAAY BEACH. FLORJDA By: ChellelleNubin, CMC CityCIcrk Publish: Oct 2:J & 3D. 2006 Boca RaloonJelray Beach News ",..-- !()/L If! '7 (00 Aq.enJ ~ (2C" L r::L(iIe-1 d (]L (ft~.) 28 Boca Raton/Delray Beach Ne1Rs - Monday, October 23, 2006 . www.bocanews.com NOTICE OF INTENT TO TRANSfER! SELL REAL PROPERTY NOTICE IS HEREBV GIVEN lnat t\18 City 01 Oelray 8each. Florida, an- nounces its inlention to transll::rlsell certain feal properly lor allordable housing purposes as part 01 the Com- munily Land Trust more parliculailY described as 1o"ows: The West 79 feel 01 the Easl 104 leel 01 tho NOOh \12 01 the NOrib 112 of lhe Soultteasl 114 01 lhe Soulheasl 1/4 01 the SouthWest 1/4 01 Section 11 TownshIp 46 Soulh Range 43 Eas\. Dollav Beach, Florlda. less 1M N.25 ltlafool Lal 29. Uncoln Palk_- according to the map or plat IIweol as fecOlde<! in Pial Book 23 Page 160. Public Records 01 Palm Beach County flofida. Lots 3 and 4. Block 8. Dell Palk. ac- cOIdlng to the map 01 plat theleal as J8COfded in PIal Book. B. Page 56, Public Records at Palm Beach County. florida Othel telms 01 the transler/salO are contained In lhe Conti act for Sale and Purchase between the City and the Community Land Trusl. A resolution 01 Ihe Cily Cornm'lssion auttlOli~ing the Iransler/sale 01 real plOpcrly lncorpo- laUng lhe lelms and condilions Ihero- 01. will be considewd al a publiC hear- Ing 10 be held on November 7. 2006 al 7:00 p.m. al City Hall. 100 N.W 1st Avonu". Delray Beach. Rorlda cln OF OH.AAY BEACH FLORIDA B~r CheveHe Nubin. CMC CilyClmk Publish: Oct. 23 & 30, 2006 Boca RatonIDelray Oeach NeVIs THIS FORM HAS BEEN APPROVED BY THE FLORIDA ASSOCIATION OF REALTORS" AND THE FLORIDA BAR II SERVICES. INC 1* PARTIES: CITY OF DELRAY BEACH, a Florida municipal corporation ("Seller"), 2* and DELRAY BEACH COMMUNITY LAND TRUST. TNC. ("Buyer"), 3 hereby agree that Seller shall sell and Buyer shall buy the following described Real Property and Personal Property (collectively 4 "Property") pursuant to the terms and conditions of this Contract for Sale and Purchase and any riders and addenda ("Contract"): 5 I. DESCRIPTION: 6* (a) Legal description of the Real Property located in Pa 1m Beach County, Florida: 7* (See legal descriptions attached hereto and made a part hereof.) 8* 9* (b) Street address, city, zip, of the Property: 10 (c) Personal Property includes existing range(s), refrigerator(s), dishwasher(s), ceiling fan(s), light fixture(s), and window treatment(s) 11 unless specifically excluded below. 12* Other items included are: 13* 14* Items of Personal Property (and leased items, if any) excluded are: 15* "As Is" Contract For Sale And Purchase FLORIDA ASSOCIATION OF REALTORS AND THE FLORIDA BAR , 16* II. PURCHASE PRICE (U.S. currency): . . . ., .. . . . .. .. . ... . . . . .. . . . . .. '" .. . . .... . . . . . . . . . . . . . . . . . 17 PAYMENT: 18* (a) Deposit held in escrow by (Escrow Agent) in the amount of (checks subject to clearance) $ 19* (b) Additional escrow deposit to be made to Escrow Agent within _ days after Effective Date 20* (see Paragraph III) in the amount of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 * (c) Financing (see Paragraph IV) in the amount of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . 22* (d) Other. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 (e) Balance to close by cash, wire transfer or LOCALLY DRAWN cashier's or official bank check(s), subject 24* to adjustments or prorations. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 III. TIME FOR ACCEPTANCE OF OFFER AND COUNTEROFFERS; EFFECTIVE DATE: 26 (a) If this offer is not executed by and delivered to all parties OR FACT OF EXECUTION communicated in writing between the parties 27* on or before , the deposit(s) will, at Buyer's option, be returned and this offer withdrawn. 28 UNLESS OTHERWISE STATED, THE TIME FOR ACCEPTANCE OF ANY COUNTEROFFERS SHALL BE 2 DAYS FROM THE DATE 29 THE COUNTEROFFER IS DELIVERED. 30 (b) The date of Contract ("Effective Date") will be the date when the last one of the Buyer and Seller has signed or initialed this offer or 31 the final counteroffer. If such date is not otherwise set forth in this Contract, then the "Effective Date" shall be the date determined 32 above for acceptance of this offer or, if applicable, the final counteroffer. 33 IV. FINANCING: 34* Xi<(a) This is a cash transaction with no contingencies for financing; 35* 0 (b) This Contract is contingent on Buyer obtaining approval of a loan ("Loan Approval") within _ days (if blank, then 30 days) after 36* Effective Date ("Loan Approval Date") for (CHECK ONLY ONE): 0 a fixed; 0 an adjustable; or 0 a fixed or adjustable rate loan, in the 37* principal amount of $ , at an initial interest rate not to exceed %, discount and origination fees not to exceed 38* % of principal amount, and for a term of years. Buyer will make application within _ days (if blank, then 5 days) 39 after Effective Date. Buyer shall use reasonable diligence to: obtain Loan Approval and notify Seller in writing of Loan Approval by 40 Loan Approval Date; satisfy terms and conditions of the Loan Approval; and close the loan. Loan Approval which requires a condi- 41 tion related to the sale of other property shall not be deemed Loan Approval for purposes of this subparagraph. Buyer shall pay all loan 42 expenses. If Buyer does not deliver written notice to Seller by Loan Approval Date stating Buyer has either obtained Loan Approval or 43 waived this financing contingency, then either party may cancel this Contract by delivering written notice ("Cancellation Notice") to the 44 other, not later than seven (7) days prior to Closing. Seller's Cancellation Notice must state that Buyer has three (3) days to deliver to 45 Seller written notice waiving this financing contingency. If Buyer has used due diligence and has not obtained Loan Approval before 46 cancellation as provided above, Buyer shall be refunded the deposit(s). Unless this financing contingency has been waived, this 47 Contract shall remain subject to the satisfaction, by Closing, of those conditions of Loan Approval related to the Property; 48* 0 (c) Assumption of existing mortgage (see rider for terms); or 49* 0 (d) Purchase money note and mortgage to Seller (see "AS IS" Standards Band K and riders; addenda; or special clauses for terms). 50* V. TITLE EVIDENCE: At least --3.0.. days (if blank, then 5 days) before Closing a title insurance commitment with legible copies of instru- 51 ments listed as exceptions attached thereto ("Title Commitment)" and, after Closing, an owner's policy of title insurance (see "AS IS" 52 Standard A for terms) shall be obtained by: 53* (CHECK ONLY ONE): 0 (1) Seller, at Seller's expense and delivered to Buyer or Buyer's attorney; or 54* II (2) Buyer at Buyer's expense 55* (CHECK HERE): 0 If an abstract of title is to be furnished instead of title insurance, and attach rider for terms. 56* VI. CLOSING DATE: This transaction shall be closed and the closing documents delivered on Novf'mhpr 1", ?006 ("Closing"), 57 unless modified by other provisions of this Contract. If Buyer is unable to obtain Hazard, Wind, Flood, or Homeowners' insurance at a rea- 58 sonable rate due to extreme weather conditions, Buyer may delay Closing for up to 5 days after such coverage becomes available. 59 VII. RESTRICTIONS; EASEMENTS; LIMITATIONS: Seller shall convey marketable title subject to: comprehensive land use plans, zoning, 60 restrictions, prohibitions and other requirements imposed by governmental authority; restrictions and matters appearing on the plat or otherwise 61 common to the subdivision; outstanding oil, gas and mineral rights of record without right of entry; unplatted public utility easements of record FAR/BAR ASI8-1 Rev. 7/04 @ 2004 Florida Association of REALTORS. and The Florida Bar All Rights Reserved Page 1 of 4 $ 30.00 -0- $ $ $ -0- -0- -0- -0- $ 32 Qocated contiguous to real property lines ana not more man lU Teet In wlom as 10 Ul~ rear ur IIUlIllIIl~~ etllU' 1/<:; It::t::LIII WIUlIl i:I~ LU 1I1~ ~IU~ 33 lines}; taxes for year of Closing and subsequent years; and assumed mortgages and purchase money mortgages, if any (If additional items, ~ 54* addendum); provided, that there exists at Closing no violation of the foregoing .and none prevent use of the Property for 55* res i dent i a 1 . purpose(s}. 66 VIII. OCCUPANCY: Seller shall deliver occupancy of Property to Buyer attime of Closing unless otherwise stated herein. If Property is intended 67 to be rented or OCcupied beyond Closing, the fact and terms thereof and thetenant(s} or occupants shall be disclosed pursuant to "AS IS" Standard 68 E If occupancy is to be delivered before Closing, Buyer assumes all risks of loss to Property from date of occupancy, shall be responsible and 69 liable for maintenance from that date, and shall be deemed to have accepted Property in its existing condition as of time of taking occupancy. 70 IX. TYPEWRITTEN OR HANDWRITTEN PROVISIONS: Typewritten or handwritten provisions, riders and addenda shall control all print- 71 ed provisions of this Contract in conflict with them. 72* X. ASSIGNABILITY: (CHECK ONLY ONE): Buyer o may assig!1.andthereby be released from any further liability under this Contract; 0 may 73* assign but not be released from liability under this Contract; or Umay not assign this Contract. 74 XI. DISCLOSURES: 75* (a) 0 CHECK HERE if the Property is subject to a special assessment lien imposed by a public body payable in installments which 76* continue beyond Closing and, if so, specify who shall pay amounts due after Closing: 0 Seller 0 Buyer 0 Other (see addendum). 77 (b) Radon is a naturally occurring radioactive gas that when accumulated in a building in sufficient quantities may present health risks to 78 persons who are exposed to it over time. Levels of radon that exceed federal and state guidelines have been found in buildings in Florida. 79 Additional information regarding radon or radon testing may be obtained from your County Public Health unit. 80 (c) Mold is naturally occurring and may cause health risks or damage to property. If Buyer is concerned or desires additional information 81 regarding mold, Buyer should contact an appropriate professional. 82 (d) Buyer acknowledges receipt of the Florida Energy-Efficiency Rating Information Brochure required by Section 553.996, ES. 83 (e) If the real property includes pre-1978 residential housing, then a lead-based paint rider is mandatory. 84 (f) If Seller is a "foreign person" as defined by the Foreign Investment in Real Property Tax Act, the parties shall comply with that Act. 85 (g) BUYER SHOULD NOT EXECUTE THIS CONTRACT UNTIL BUYER HAS RECEIVED AND READ THE HOMEOWNERS' ASSOCIA- 86 TlON/COMMUNITY DISCLOSURE. 87 (h) PROPERTY TAX DISCLOSURE SUMMARY: BUYER SHOULD NOT RELY ON THE SELLER'S CURRENT PROPERTY TAXES AS THE AMOUNT 88 OF PROPERTY TAXES THAT THE BUYER MAY BE OBUGATED TO PAY IN THE YEAR SUBSEQUENT TO PURCHASE. A CHANGE OF OWNER- 89 SHIP OR PROPERTY IMPROVEMENTS TRIGGERS REASSESSMENTS OF THE PROPERTY THAT COULD RESULT IN HIGHER PROPERTY TAXES. 90 IF YOU HAVE ANY QUESTIONS CONCERNING VALUATION, CONTACT THE COUNTY PROPERTY APPRAISER'S OFFICE FOR INFORMATION. 91 XII. MAXIMUM REPAIR COSTS: DELETED 92* XIII. HOME WARRANTY: 0 Seller 0 Buyer XX N/A will pay for a home warranty plan issued by 93* at a cost not to exceed $ . 94* Xlv. INSPECTION PERIOD AND RIGHT TO CANCEL: (a) Buyer shall have 60 days from Effective Date ("Inspection Period") within 95 which to have such inspections of the Property performed as Buyer shall desire and utilities service shall be made available by the Seller 96 during the Inspection Period; (b) Buyer shall be responsible for prompt payment for such inspections and repair of damage to and restora- 97 tion of the Property resulting from such inspections; and (c) if Buyer determines, in Buyer's sole discretion, that the condition of the Property 98 is not acceptable to Buyer. Buyer may cancel this Contract by delivering written notice of such election to Seller prior to the expiration of 99 the Inspection Period. If Buyer timely cancels this Contract, the deposit(s) paid shall be immediately retumed to Buyer; thereupon, Buyer 100 and Seller shall be released of all further obligations under this Contract, except as provided in this Paragraph XIII. The above provision (b) 101 shall survive termination of this Contract. 102 XV. RIDERS; ADDENDA; SPECIAL CLAUSES: CHECK those riders which are applicable AND are attached to and made part of this Contract: 103* 0 CONDOMINIUM 0 VNFHA 0 HOMEOWNERS' ASSN. 0 LEAD-BASED PAINT 0 COASTAL CONSTRUCTION CONTROL LINE 104* 0 INSULATION 0 Other Comprehensive Rider Provisions il>>.ddenda 105* Special Clause(s}: 106* 107* 108 XVI. "AS IS" STANDARDS FOR REAL ESTATE TRANSACTIONS ("AS IS" Standards): Buyer and Seller acknowledge receipt of a copy 109 of "AS IS" Standards A through Z on the reverse side or attached, which are incorporated as part of this Contract. 110 THIS IS INTENDED TO BE A LEGALLY BINDING CONTRACT. IF NOT FULLY UNDERSTOOD, 111 SEEK THE ADVICE OF AN ATTORNEY PRIOR TO SIGNING. 112 THIS "AS IS" FORM HAS BEEN APPROVED BY THE FLORIDA ASSOCIATION OF REALTORS. AND THE FLORIDA BAR. 113 Approval does not constitute an opinion that any of the terms and conditions in this Contract should be accepted by the parties in a 114 particular transaction. Terms and conditions should be negotiated based upon the respective interests, objectives and bargaining 115 positions of all interested persons. 116 AN ASTERISK(*} FOLLOWING A LINE NUMBER IN THE MARGIN INDICATES THE LINE CONTAINS A BLANK TO BE COMPLETED. (DATE) ~7..(p rota (DATE) 123* 124 BRel([:RS.lfl~ bIOI(eli3 ~l'I6h:...aiR~ eeef'efffi:iR~ BI'eI(61'5, if BI'l)} RBfI'I6a Bele.. Bf6 tl'l6 6Rly Brel(61'8 eRtitleel ts eSR'lflSRsatisR iR eSRReetieR 125 'n ah ttlie Gill.tl Bet. 126* Name: 127 276-8640 Phone By: (SELLE Tax 1 0 9-6000308 Sellers' address for purposes of notice 100 N.W. 1st Ave. De1ray Beach, FL (DATE) nl~ (DATE) 33444 33444 243-7000 Phone .8e"~rL,til.ft Breluml, if a~ Li.!ti,,~ B. vl\.~. FAR/BAR ASIS-1 Rev. 7/04 @ 2004 Florida Association of REALTORS. and The Florida Bar All Rights Reserved Page 2 of 4 129 A. TITLE INSURANCE: The Title Commitment shall be issued by a Florida licensed title insurer agreeing to issue Buyer, upon recording of the deed to Buyer, 130 an owner's policy of title insurance in the amount of the purchase price, insuring Buyer's marketable title to the Real Property, subject only to matters con- 131 tained in Paragraph VII and those to be discharged by Seller at or before Closing. Marketable title shall be determined according to applicable Title Standards 132 adopted byauthority of The Florida Bar and in accordance with law. Buyer shall have 5 days from date of receiving the Title Commitment to examine it, and 133 if title is found defective, notify Seller in writing specifying defect(s} which render title unmarketable. Seller shall have 30 days from receipt of notice to remove 134 the defects, failing which Buyer shall, within 5 days after expiration of the 30 day period, deliver written notice to Seller either: (1) extending the time for a rea- 135 sonable 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 136 shall 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 unmar- .137 ketable, use diligent effort to correct defect(s) within the time provided. If, after diligent effort, Seller is unable to timely correct the defects, Buyer shall either 138 waive the defects, or receive a refund of deposit(s), thereby releasing Buyer and Seller from all further obligations under this Contract. If Seller is to provide the 139 Trtle Commitment and it is delivered to Buyer less than 5 days prior to Closing, Buyer may extend Closing so that Buyer shall have up to 5 days from date of 140 receipt to examine same in accordance with this "AS IS" Standard. '141 B. ..tlRel bIlSE: Mer4EY MOR'l'eAeE:, 9EetlRfP{ A6RE:E:ME:N'f TO 3ELL!:fIl. A ",uII..I,=", IIIUII"'Y IIIUI !:yay'" all(l IIIUIl\:JdY'" IIUtI:: tv 31::11.:" 6l,cdl "" v.ide lv, 0 36 142 eI~ g~e J!96ri5d ifl the eveN af defe.tdt if a fiP3t fiflept~a~~ E-I.d a 1$ day ~jliGG t-o'vl:vJ;r Q ';:'~VIIJ VI Iv~';:)'V1 '1IVllya~C, .;)llall.tJ1uv;Jc rVI ,;~I,L vr t-'lvJ-'UJlllwlll ;1. 'I"llol~ 143 O~ jll f}l1i1 ".,:tLcut pGI.alt),3hall pCIJ"it u......""''''IGlatiol. ill (,vVlIl vf l.CUI';:)ft,. vf Ute rlbcd F,U~' Ly, ~'c:1l1lt:i\..1uilv dlllJliu, lit:::lI.:> a.IIJ vllvuIIIL,all,^,~ lo be: ({Cpt in QooJ Jt& ,d 144 iflg, shall fereieJ ffiaelKieatiefl3 01, er MtJrG aavl1neG.3 tlRdGI, Pi jOt IIIOll~~e(~, ~1'dll,"^tu;lv OUYCI Lv 1.lelilllail' tJUlivi~ ur ill~1 allvC \"Ullta;llill~ 6..!th!u ,da.d II lOt 19a~GG 145 elat!lS8 88,,8Iipq~ all imfJli'8..s"'6M3IsMkd afl, t"~ nea! rI3~1.It.1 agail'ul fkl,,", UIIJ all I-Ivl;b ;11\J!UJbJ VV;U.;II L1lv Lvllll "vAl:b11\1vJ .....UVvIU~\J ,",'ldol3CIIIGllt3~ lllld JtJ~M .146 "Un.... ,;~I~ al,d ~GIII~ ~ OGIICt r'ilti) 1~~or.l1bl) le~~jlc;, in iil I dR,OtJ"t G~t:lal t6 t1.GiI Iligl,G.Jl h,~Ulabl~ valtJG, alia tl,G. IIIo11gagG, "ole aRe Be8~rWI agreSf'1sAt BRslI 147 be oU ,61 vvise in foil II end content lequired by Geller, but GeI"~1 may 0,,1) .eyu;,e ...Iou.,,,,,, olld ...vv6,o\:je "'U.,tVII'OI;') fv.:ll,d;II II 'v, t\:jafle:5, l,lOrtgftgG l'IotG3 at.eI seeu 148 lit a~Ic.c.IIIGI ,b ~GI,elall) tJtili~ b) .)tiv;~IgJ lil lei ledt, il,3titt.ltioll~ ell .!Ildi~ VI Ilal;vlldllxul~<:) lu(,d.t~ ;11 tile vVUllty vvlltiltiilI tile nt;dl rlop~t, i.3loGatcd. All re.f'3of\al 149 flut-',,",.L, Ulld Ivav\..o~ D\..o;lI:::f VVIIV\,;I....J VI ':'-.lw::::fll""a n:lI, at S,,",II,,",,~ uI-IL;vl" Dv ~uDj"'''"'t tv 1I1"" 1:\..011 vr o. ~vvul;lJ' a~Ie.~",e"t a..iaefU3ea 8Y 150 ,........"',aod 61 ~Iod fina"eiflrJ ~atem~f\b al ae.ptifiaatsa at title. It a l5all5eM Rlelt~a9(" till. F;, Ill! ~11111.c"t n:1I ""^,,,,~d tl ,G ~Cj iodiG 13a)f\.af\ts tlsqeresFI. 151 C. SURVEY: Buyer, at Buyer's expense, within time allowed to deliver evidence of title and to examine same, may have the Real Property surveyed and certi- 152 fied by a registered Florida surveyor. If the survey discloses encroachments on the Real Property or that improvements located thereon encroach on setback 153 lines, easements, lands of others or violate any restrictions, Contract covenants or applicable governmental regulations, the same shall constitute a title defect. 154 D. WOOD DESTROYING ORGANISMS: DELETED 155 E. INGRESS AND EGRESS: Seller warrants and represents that there is ingress and egress to the Real Property sufficient for its intended use as described 156 in Paragraph VII hereof and title to the Real Property is insurable in accordance with "AS IS" Standard A without exception for lack of legal right of access. 157 r: L~CB. Obllel ~1,olI cilllO;ia~t 18 dll)..., Dvfvl6 OloJ:,,9, ftJll,i3h to Duy61 (,op;e~ vr all VYI iUvl1 Iwa.;:x:;~ QIIJ c~tutJtJdllvltvli:) r'U'11 va~11 Lvi lal 11 '>".I'l;;;(,ifyil,g tll~ "alu,e 158 alia dUlciL;vlI vr 11.,-, l",,"ulIlb V"'''ti~QIIG), IC'lt~llatl.~, advdl,Gcd IGI.t diad ')GGtJl it) dGpo~it~ paid 1.;, t,,",II~IIt. If O(,IIGI i~ ulI~blG to obtain 3t.1CI. IG.Ker frsffI sasA tSA- 159 lUlt, th~ 3dMC il"lferfflMion 3hall be fUFRi3Rcd b} Celler to Du)cf nitl Iii I tll~t t;u IG t-'(,. ;6<1 ;11 L1lo fVI II I vr Q 3dlv' ~ arfiJav;l, auJ Du)'ol Illay lLvlGltftc, eerltac.t t(.ll\- 160 ant te eel'lJirl'l'l stle~ il'lferl'l'latiel'l.lf t~e terl'l'ls Elf t~e le~e3 eJi1fer l'I'IateriaH) frel'l'l Oelle;I'31(.f>1('3~t1Mtiol,3, Dl1)cl IIIa1 tClI II;' ,ate 1I,i3 OontlMt b) eleli.eriAll ..!'it 161 tc~ I I ,~tiea t5 Cellar at !ca.~t 5; 68)6 p3ri6f 15 Ole3jf\~. Cell~f BRall, ett Cle3it I~J aGli v (:,1 lil,d l\3~igj I llll 0. igil,tlIIGdJ(".1lv Dtl)~I. 162 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 statement, 163 claims of lien or potentiallienors known to Seller and further attesting that there have been no improvements or repairs to the Real Property for 90 days imme- 164 diately preceding date of Closing. If the Real Property has been improved or repaired within that time, Seller shall deliver releases or waivers of construction 165 liens executed by all general contractors, subcontractors, suppliers and materialmen in addition to Seller's lien affidavit setting forth the names of all such gen- 166 eral contractors, subcontractors, suppliers and materialmen, further affirming that all charges for improvements or repairs which could serve as a basis for a 167 construction lien or a claim for damages have been paid or will be paid at the Closing of this Contract. 168 H. PLACE OF CLOSING: Closing shall be held in the county wherein the Real Property is located at the office of the attorney or other closing agent ("Closing 169 Agent") designated by the party paying for title insurance, or, if no title insurance, designated by Seller. 170 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 171 for herein which shall end on a Saturday, Sunday, or a legal holiday shall extend to 5:00 p.m. of the next business day. Time is of the essence in this Contract. 172 J. CLOSING DOCUMENTS: Seller shall furnish the deed, bill of sale, certificate of title, construction lien affidavit, owner's possession affidavit, assignments of Ieas- 173 es, tenant and mortgagee estoppel letters and corrective instruments. Buyer shall furnish mortgage, mortgage note, security agreement and financing statements. 174 K. EXPENSES: Documentary stamps on the deed and recording of corrective instruments shall be paid by Seller. All costs of Buyer's loan (whether obtained 175 from Seller or third party), including, but not limited to, documentary stamps and intangible tax on the purchase money mortgage and any mortgage assumed, 176 mortgagee title insurance commitment with related fees, and recording of purchase money mortgage, deed and financing statements shall be.paid by Buyer. 177 Unless otherwise provided by law or rider to this Contract, charges for the following related title services, namely title evidence, title examination, and closing 178 fee Qncluding preparation of closing statement), shall be paid by the party responsible for furnishing the title evidence in accordance with Paragraph V. 179 L PRORATIONS; CREDITS: Taxes, assessments, rent, interest, insurance and other expenses of the Property shall be prorated through the day before Closing. 180 Buyer shall have the option of taking over existing policies of insurance, if assumable, in which event premiums shall be prorated. Cash at Closing shall be increased 181 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 182 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 183 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 184 fIXed and current year's assessment is available, taxes will be prorated based upon such assessment and prior year's millage. If current year's assessment is not 185 available, then taxes will be prorated on prior year's tax. If there are completed improvements on the Real Property by January 1 st of year of Closing, which improve- 186 ments were not in existence on January 1 st of prior year, then taxes shall be prorated based upon prior year's millage and at an equitable assessment to be agreed 187 upon between the parties; failing which, request shall be made to the County Property Appraiser for an informal assessment taking into account available exemp- 188 tions. A tax proration based on an estimate shall, at request of either party, be readjusted upon receipt of current year's tax bill. 189 M. SPECIAL ASSESSMENT LIENS: Except as set forth in Paragraph XI(a}, certified, confirmed and ratified special assessment liens imposed by public bod- 190 ies as of Closing are to be paid by Seller. Pending liens as of Closing shall be assumed by Buyer. If the improvement has been substantially completed as of 191 Effective Date, any pending lien shall be considered certified, confirmed or ratified and Seller shall, at Closing, be charged an amount equal to the last esti- 192 mate or assessment for the improvement by the public body. 193 N. INSPECTION AND REPAIR: DELETED 194 O. RISK Qr LeGS. It the rfarscr~ i~ dalfllig~d ~, (:1(.61 Otl-CI ",u-.lu~IL,)' b610le OI"~:1I9 &lld Co3t of 1~3tOlatioR aaee I'1st e)(85~a 14&9~ af tR8 Pl=Jf8R8e8 Prisa", 195 ......v.;;>>l...,l lV..;Ilvlal;vlI .,j1'QlIlJv all vL!;~Co\l;V" vf 3vllv' allJ Olu,>ill~ ~I,all I-IIV.......,vJ l-Iul,>uculllu lIlv Lvllll.;) vr lI,;~ OUlltl(l""l nit!. 1(..~t61.:.UOJ, Ga3t3 e3Bffi...ea at 196 OI6Jil,g4Iftl.(. 6o~t 6f I~~t61llt:611 GXGGGdJ 1.S~& vr lI,,,,, rUl-vln..~,,", f,;",,,",, DUlw' ~I.Co\II vaL"",, lQh.v 1I1v p...u.....v.L, U~ ;~J tofiGtL~1 nit!. l.itL~1 tMe.1.59t 51 dA) iR3t11 197 Zll.36 ~188e5a5 pd,aell.~) ..il1ljG of 3tJGn lo~ 01 dallla~v, 01 'vvcivc a IvfullJ ur JvtJu~;t{;)), 1I1clvLy u~lt::a~iIlY OUyvl QlIJ 3ellv' rlUl1I all rUllI.vl ulJl;~a.t:vlI.;Jo 198 u.ld'V, tll;~ OUI,hauL 199 P. CLOSING PROCEDURE: The deed shall be recorded upon clearance of funds. If the title agent insures adverse matters pursuant to Section 627.7841 , 200 ES., as amended, the escrow and closing procedure required by this "AS IS" Standard shall be waived. Unless waived as set forth above the following FAR/BAR ASIS-1 Rev. 7/04 @ 2004 Florida Association of REAlTORS. and The Florida Bar All Rights Reserved Page 3 of 4 ---.- -..-----.-..--.. -.. ..-- --..-..- ....,..------..-.-- ,--........---, 202 closing procedures shall apply: (1) all closing proceeds shall be held in escrow by the Closing Agent for a period of not more than 5 days after Closing;' 203 (2) if Seller's title is rendered unmarketable, through no fault of Buyer, Buyer shalt, within the 5 day period, notify Seller in writing of the defect and Seller 204 shall have 30 days from date of receipt of such notification to cure the defect; (3) if Seller fails to timely cure the defect, all deposits and closing funds 205 shall, upon written demand by Buyer and within 5 days after demand, be returned to Buyer and, simultaneously with such repayment, Buyer shall return 206 the Personal Property, vacate the Real Property and reconvey the Property to Seller by special warranty deed and bill of sale; and (4) if Buyer fails to 207 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 208 Buyer by virtue of warranties contained in the deed or bill of sale 209 8. ~eRe.N. kl1 OIV~:II~ ~vlll VI ""'~""v'" ~g~lIl {vvll"",,,,l:vul, "^~"""..l"} 'UVV;V;II~ Fund.;) VI vl.iu;valvlll;~ uulLvl;L.vJ gild ggl"'~~ 15) aOCGl5tliflCG 3t tl,(..I.. l6 210 d~p<:'j,:1 tll~lll P!O~llptl), h61d .lame. in ~3Gfen li"d, 3t.1bjGGt to GI<!&Ic!lflGe, d:3bul~e tllvlll ;11 a\."...u,Jall~c vv;U. lellll';> ClUJ vUIIJa:OIIJ. of tl-1;3 OOllt!aGt. r ~IUlv 211 ef funaa te elMI allall1'l8t a)(8t1S8 BtI)8r's flSRarflflal'l88. If il'l ~atl8t lie te .~el'lt'a a~tia5 "I liabilitie3 tll'laer the I5ra.iaiel'la sf tllis Oafltr-e.at, A~SRt f1f18)', lilt 212 AlJ81'1t'8 e15ti81'1, sel'ltiRtl8 te Ilel~ tile el:l8jest fIfIalter et tile ee81'6.. I:IRtil tiole l5altiM hal!.te agl'e{' t6 it", a;"btl"K".el,t "I tll.ti1 ajtlalJfIfIsl'lt Ilf 8 8Btll't af 8eflfl 213 pct",..t jtlri3dietiol'l allall aGterl'l'liRc the right3 ef the flartie3, er t{lel'lt Rl~ dGI'03it 381'1,!. ..itl'l tl,o d(l,k of t1,(l .:.iletlit GotJl1 ha.ifllJ jtlriaefietisl'I elf tile ~i8 214 J)l:Ite. An atterft6} "'JAB Fe~lfeee"te a "a~ BRa 8136 aet3 l\'3 ~e"t .m~ fGl5rG3~llt ~u(,l. f>& lJ ill ~u(,l, aGtioll. UpOIl l.vl;fy;lI~ ~II ~lulk.~ eenG~rrL~d at ~ti61. 215 g....l;vll, ulll;d.b-:I:L, t..11 [1.6 ':'lhl of A~(",t .J1.ull fdllJ tGIIII:IIUlo, (..A(,6?llo tllC e^lwlll vf gvvvulIl:lI~ 1\..,1 gllJ :16111,;) "'lwy:vti~I, dl.li.l-Ie.a 6t1t af e38f6...~ If 8. 216 1:\.I'W'.~vd Ivgl v.;>Lalu ~IVl\wl, A'::jvlll ..,:11 vVII.t~,1, n:UI pIVV:~:V"~ or Oll~pl"" 4;S, r:3., Q~ UII''''''lld"",d. A.II' .1u;l ~",ln",e.11 BtI)ol 8"8 (;:aller vJhef8iFl .~4t8F1t is 217 fL,l1~.u a J!8!1) beeatJs6 af 8etiflg 8S I_!tIeR! ~8f5t1f18ar, 51 il. drL) 3t1it uhGre.i1. AgO!.t i~,t6IpI6ad~ t"6 ~uLj6(,t .1Il1U(,~ of lhl. Q~lau, Age"t 3hall reee.er rea 218 .l<:'lIu,bIG lI.ttOI""".~ fGG3 8"d e~.Jt~ ;1,v"'lI~d nitl. tl.o...,.... UlI"UUlIl~ l~ b~ pdid Fn.llll ulld vul vf lI,,,, ~vlvwH,;d fUllaoJ '-"I c4u;.~lcl,t and e"'af~e~ Ma 8..afldaa 219 a5 Mtlrt Mata if! fe.ar ef tile 1!18.ailil'llJ I!art). lfle :'lJel'lt ehalll'let be liable t.:. 81'1) I'art) "I l!elMI, fal lI'Iiaaeli.ep) te 13tl)er er ~ell8r af itelfls sl:IBjeet te 220 tha eeare\'{, l:IRISe8 el:lah fIfIisselivery is sl:Ie te willR.i1 ~reaell et tile fll'6visisRe af U.is Oefltm5t 51 gra3!l1 ,8gli~eRe5 5f .~el'lt. 221 R. ATTORNEY'S FEES; COSTS: In any litigation, including breach, enforcement or interpretation, arising out of this Contract, the prevailing party in such 222 litigation, which, for purposes of this "AS IS" Standard, shall include Seller, Buyer and any brokers acting in agency or nonagency relationships author- 223 ized by Chapter 475, ES., as amended, shall be entitled to recover from the non-prevailing party reasonable attorney's fees, costs and expenses. 224 S. FAILURE OF PERFORMANCE: If Buyer fails to perform this Contract within the time specified, including payment of all deposits, the deposit(s} paid 225 by Buyer and dePOsit(s} agreed to be paid, may be recovered and retained by and for the account of Seller as agreed upon liquidated damages, consid- 226 eration for the execution of this Contract and in full settlement of any claims; whereupon, Buyer and Seller shall be relieved of all obligations under this 227 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 228 make Seller's title marketable after diligent effort, Seller fails, neglects or refuses to perform this Contract, Buyer may seek specific performance or elect 229 to receive the return of Buyer's deposit(s) without thereby waiving any action for damages resulting from Seller's breach. 230 T. CONTRACT NOT RECORDABLE; PERSONS BOUND; NOTICE; FACSIMILE: Neither this Contract nor any notice of it shall be recorded in any pub- 231 lie records. This Contract shall bind and inure to the benefit of the parties and their successors in interest. Whenever the context permits, singular shall 232 include plural and one gender shall include all. Notice and delivery given by or to the attorney or broker representing any party shall be as effective as if 233 given by or to that party. All notices must be in writing and may be made by mail, personal delivery or electronic media. A legible facsimile copy of this 234 Contract and any signatures nereon shall be considered for all purposes as an original. 235 U. CONVEYANCE: Seller shall convey marketable title to the Real Property by statutory warranty, trustee's, personal representative's, or guardian's deed, as 236 appropriate to the status of Seller, subject only to matters contained in Paragraph VII and those otherwise accepted by Buyer. Personal Property shall, at the 237 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. 238 V. OTHER AGREEMENTS: No prior or present agreements or representations shall be binding upon Buyer or Seller unless included in this Contract. No mod- 239 ification to or change in this Contract shall be valid or binding upon the parties unless in writing and executed by the parties intended to be bound by it 240 W. SELLER DISCLOSURE: (1) There are no facts known to Seller materially affecting the value of the Property which are not readily observable by Buyer 241 or which have not been disclosed to Buyer; (2) Seller extends and intends no warranty and ma!ces no representation of any type, either express or implied, 242 as to the physical condition or history of the Property; and (3) Seller has received no written or verbal notice from any governmental entity or agency as 243 to a currently uncorrected building, environmental or safety code violation. 244 X. PROPERTY MAINTENANCE; PROPERTY ACCESS; ASSIGNMENT OF CONTRACTS AND WARRANTIES: Seller shall maintain the Property, 245 including, but not limited to lawn, shrubbery, and pool in the condition existing as of Effective Date. ordinary wear and tear excepted. Seller shall, upon 246 reasonable notice, provide utilities service and access to the Property for appraisal and inspections, including a walk-through prior to Closing, to con- 247 firm that all items of Personal Property are on the Real Property and that the Property has been maintained as required by this "AS IS" Standard. Seller 248 will assign all assignable repair and treatment contracts and warranties to Buyer at Closing. 249 Y. 1031 EXCHANGE: If either Seller or Buyer wish to enter into a like-kind exchange (either simultaneous with Closing or deferred) with respect to the 250 Property under Section 1031 of the Internal Revenue Code ("Exchange"), the other party shall cooperate in all reasonable respects to effectuate the 251 Exchange, including the execution of documents; provided (1) the cooperating party shall incur no liability or expense related to the Exchange and (2) 252 the Closing shall not be contingent upon, nor extended or delayed by, such Exchange. 253 Z. BUYER WAIVER OF CLAIMS: Buyer waives any claims against Seller and, to the extent permitted by law, against any real estate licensee involved in 254 the negotiation of the Contract, for any defects or other damage that may exist at Closing of the Contract and be subsequently discovered by the Buyer or 255 anyone claiming by, through, under or against the Buyer. Riders iridcontracts can be obtained by contacting Florida Lawyers Support Services, Inc. (407) 515-1501 FARlBAR ASIS-1 Rev. 7/04 @ 2004 Florida Association of REALTORS- and The Florida Bar All Rights Reserved Page 4 of 4 LEGAL DESCRIPTION West 79 feet of the East 104 feet of the North one-half(Yl) of the North one-half(Yl) of the Southeast one-fourth (114) of the Southwest one-fourth (114) of Section 17, Township 46 South, Range 43 East, Delray Beach, Florida, less the North 25 feet thereof. AND Lot 29, LINCOLN PARK, according to the map or plat thereof as recorded in Plat Book 23, page 160, Public Records of Palm Beach County, Florida. AND Lots 3 and 4, Block 8, DELL PARK, according to the map or plat thereof as recorded in Plat Book 8, page 56, Public Records of Palm Beach County, Florida. .' ADDENDUM TO "AS IS" CONTRACT FOR SALE AND PURCHASE SELLER: CITY OF DELRA Y BEACH, a Florida municipal corporation BUYER: DELRA Y BEACH COMMUNITY LAND TRUST, INC. 1. This Contract is expressly contingent and conditioned upon the approval of the same by the City Commission of the City of Delray Beach. 2. The parties represent and warrant that there is no broker involved in this transaction to whom a commission would be due. By: COMMUNITY LAND ~er CITY OF DELRA Y BEACH, Seller By: . Ii ~\ ~:D. ~ ~~