Res 04-07
RESOLUTION NO. 4-07
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRA Y
BEACH, FLORIDA, AUTHORIZING THE CITY TO PURCHASE FROM
SELLER CERTAIN REAL PROPERTY IN PALM BEACH COUNTY,
FLORIDA, AS DESCRIBED HEREIN, HEREBY INCORPORATING AND
ACCEPTING THE CONTRACT STATING THE TERMS AND CONDITIONS
FOR THE SALE AND PURCHASE BETWEEN THE SELLER AND THE
CITY OF DELRA Y BEACH, FLORIDA.
WHEREAS, the City of Delray Beach, Florida, wishes to acquire certain property located at 145
S.W. 12th Avenue, to provide land to be used in conjunction with the Neighborhood Resource Center, a valid
public purpose; and
WHEREAS, the Seller hereinafter named desires to sell the property hereinafter described to the
City of Delray Beach Florida; and
WHEREAS, it is in the best interest of the City of Delray Beach, Florida, to purchase said property.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF
DELRA Y BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the City Commission of the City of Delray Beach, Florida, as Buyer, hereby agrees
to purchase from the Delray Beach Community Redevelopment Agency, as Seller, for the purchase price of Ten
Dollars ($10.00), and other good and valuable consideration; said parcel being more particularly described as
follows:
Lot 12, Block 6, Adantic Gardens, Plat Book 14, Page 63, Palm Beach County, Florida
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 Seller as hereinabove named are incorporated
herein as Exhibit "A".
PASSED AND ADOPTED in regular se,sion on rhe l.. ~ day of ~
2007.
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A TIEST:
~~~.~.~~
City Clerk
CONTRACT FOR SALE AND PURCHASE
PARTIES: DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY, of 20 North Swinton Avenue,
Delray Beach, Florida (Phone: 561-276-8640) ("Seller"), and the CITY OF DELRAY BEACH, a Florida
municipal corporation, of 100 N.W. First Avenue, Delray Beach, Florida 33444 (Phone: (561)243-7090),
hereby agree that the Seller shall sell and Buyer shall buy the following described Real Property and Personal
Property (collectively "Property") upon the following terms and conditions, which INCLUDE the Standards for
Real Estate Transactions ("Standard(s)") on the reverse side hereof or attached hereto and riders and any
addenda to this Contract for Sale and Purchase ("Contract").
I. DESCRIPTION:
(a) Legal description of the Real Property located in Palm Beach County, Florida:
See legal description attached hereto and made a part hereof
(b) Street address, city, zip, of the Property is: 145 S.W. 12th Avenue, Delray Beach, FL
PURCHASE PRICE: $10.00
II. 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 prior to such
offer being withdrawn by the first party signing, this offer will be 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.
III. TITLE EVIDENCE: Prior to closing, Buyer may, at Buyer's expense, obtain a title insurance
commitment and, after closing, an owner's policy of title insurance.
IV. CLOSING DATE: This transaction shall be closed and the deed and other closing papers delivered
within one hundred twenty (120) calendar days following the execution of this Contract, unless modified by
other provisions of Contract.
V. RESTRICTIONS; EASEMENTS; LIMITATIONS: Buyer shall take title subject to: comprehensive land
use plans, zoning, restrictions, prohibitions and other requirements imposed by governmental authority;
restrictions and matters appearing on the plat or otherwise common to the subdivision; and public utility
easements of record.
VI. OCCUPANCY: Seller warrants there are no parties in occupancy other than Seller; but if Property is
intended to be rented or occupied beyond closing, the fact and terms thereof and the tenant(s) or occupants
shall be disclosed pursuant to Standard F. Seller shall deliver occupancy of Property to Buyer at time of
closing unless otherwise stated herein. If occupancy is to be delivered before closing, Buyer assumes all risk
of loss to Property from date of occupancy, shall be responsible and liable for maintenance from that date, and
shall be deemed to have accepted Property in its existing condition as of time of taking occupancy unless
otherwise stated herein.
VII. TYPEWRITTEN OR HANDWRITTEN PROVISIONS: Typewritten or handwritten provisions, riders
and addenda shall control all printed provisions of this Contract in conflict with them.
VIII. ASSIGNABILITY: (CHECK ONLY ONE): Buyer (1) _may assign and thereby be released from any
further liability under this Contract; _may assign but not be released from liability under this Contract; or
---2L-may not assign this Contract.
IX. SPECIAL CLAUSES; ADDENDA: If additional terms are to be provided, attach addendum and
CHECK HERE ---2L-.
By:
DELRAY BEACH COMMUNITY REDEVELOPMENT
AGENCY
By?Pk~
CITY OF DELRAY BEACH
Tax
Tax 10 No.
ADDENDUM TO CONTRACT FOR SALE AND PURCHASE
SELLER:
BUYER:
PROPERTY ADDRESS:
DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY
CITY OF DELRA Y BEACH
145 S.W. 12th Avenue, 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 sixty (60) calendar days within which to conduct any and all feasibility studies
and determinations relative to the suitability for the acquisition of the subject property by the Buyer and the Buyer
reserves the express right to terminate this Contract at any time during said period for any reason or no reason, in
Buyer's sole discretion, whereupon Buyer shall receive a full refund of all deposit monies paid hereunder. Buyer
shall be granted reasonable access to the premises to conduct such feasibility studies and determinations,
including environmental assays, core drilling, surveys, soil sampling and other such testing.
Page 2 of6
C. This Contract is expressly contingent and conditioned upon the approval of the same by the City
Commission of the City of Delray Beach.
D. The parties represent and warrant that there is no broker involved in this transaction to whom a
commission would be due.
BUYER'S INITIALS:
Page 3 af6
STANDARDS FOR REAL ESTATE TRANSACTIONS
A. EVIDENCE OF TITLE: A title insurance commitment issued by a Florida licensed title insurer agreeing to issue to Buyer, upon recording oflhe 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, iflitle 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 titie 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 rei easing Buyer and Seller from all further obligation under this Contract.
B. 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.
C. 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 V hereof, title to which is in accordance with Standard A.
D. LEASES: Seller shall, not less than 15 days before closing, furnish to Buyer copies of all written leases and estoppel letters from each tenant specifying
the nature and duration of the tenant's occupancy, rental rates, advanced rent and security deposits paid by tenant. If Seller is unable to obtain such letterfrom
each tenant, the same information shall be furnished by Seller to Buyer within that time period in the form of a Seller's affidavit, and Buyer may thereafter
contact tenants to confirm such information. Seller shall, at closing, deliver and assign all original leases to Buyer.
E. LIENS: Seller shall fumish 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 potentiallienors 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.
F. 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.
G. 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. ofthe next business day. Time Is of the essence In this
Contract.
H. 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.
I. EXPENSES: Recording corrective instruments shall be paid by Buyer. Recording of deed 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 III.
J. SPECIAL ASSESSMENT LIENS: Certified, confirmed and ratified special assessment liens as of date of closing (not as of Effective Date) are to be
paid by Seller. Pending liens as of date of closing shall be assumed by Buyer. If the improvement has been substantially completed as of Effective Date, any
pending lien shall be considered as certified, confirmed or ratified and Seller shall, at closing, be charged an amount equal to the last estimate of assessment
for the improvement by the publiC body.
K. 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).
L. 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 retumed 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.
M. IiSCRO'.'I.I: /',ny eecr.GW agent C'~') reeei'/ing flJnEls er eqIJi'lalent is alltharizeEl anEl agFEles ey aeeeptanee af them ta Elellesit them Ilremptly, RelEl
same in esere'll anEl, sIJDject te elearanee, Elisl:lIJFSe tRem in acoor-Elanee with terms anEl oonElitions ef Centraet. FailllFEl of elearanee affIJnEls sRall net eXeIJEe
8IJyer's Ilerfermanee. If in ElolJl:lt as to /"90nt'S ElIJties er Iial:lilities IJnder the Ilroyisiens ef Centraet, Agent may, aU.gent's elltien, oontinIJe te RelElthe sllDjeet
, matter of the eser-G\\' IJntilthe parties hereto agree to its Elisl:lllrsement, er IJntll a juElgment ef a OOIJrt ef eemlletentjIJrisElietien sRall Eletermine the rights eflhe
parties er Agent may Eleposit '....ith the elerk ef tRe eiFCuit eeIJrt having jurisElietien of the ElisllIJto. Ullon netifying allllarties eeneerneEl ef sIJeh aetien, all Iiaeility
en the Ilart of /\gent shall flJlly terminate, exeept to the extent of aeeellntin9 for any items previolJsly ElelivereEl OIJt of eserow. If a IicenseEl real estate er-eker,
Page 4 of6
A!lent will somply with previsions of Chapter H5, F.S., as amenaea. .^.ny s~it eelween 8~yer ana Seller .....Rere .^.gent is maae a party eesa~se of aolin!l as
A!lent hereunder, or in any s~it wRerein .'\!lent inlerpleaas the s~9jeol matter eflhe esorow, A!lent shall r-esover reasonaele attorneys' fees ana oasis insurrea
with these omo~nts to be poia frem ana o~t of tl1e essrewea f~nas er equivalent ana shar!lea ana a'.varaea as oo~rt oosts in faver ofll1e pF8\'ai1in!l party. TAe
^!lent sl1all not be liaele to any party or person for misdelivery to B~yer or Seller of items s~9ject to tRis essrow, ~nless s~sh misaelivery is a~e to willful ereach
of Contr-ast or !lross ne!lli!lense of .'\!lent.
N. ATTORNEY FEliS; COSTS: In any liti!lation, insluain!l ereash, enforcement or inteFf3r-etatien, arisin!l o~t oftl1is Contrast, tl1e pF8\'ailin!l party in s~sh
Iiti!lation which, for tl1e j:l~rj:loses of tRis StansaFG, sl1all insl~ae Seller, 8~yer, ana any erokers actin!l in agency or nona!lensy r-elatienshij:ls a~thorizea ey
Chaj:lter 175, F.S., as amenaeEl, shall ee entitlea to reso\'er from tl1e nen j:lFe'/ailin!l j:larty reasonaele attorney's fees, sosts, ana eXj:lenses.
O. 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 retum
of Buyer's deposit(s) without thereby waiving any action for damages resulting from Seller's breach.
P. 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.
Q. CONVEYANCE: Seller shall convey title to Real Property by statutory Special Warranty Deed. subject only to matters contained in Paragraph Vand
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.
R. 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.
S. 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 5 af6
LEGAL DESCRIPTION
Lot 12, Block 6, Atlantic Gardens, Plat Book 14, Page 63, Palm Beach County, Florida
Page 6 of 6
[IT' OF DElRAY BEAtH
CITY ATTORNEY'S OFFICE
2()() NW 1st !\YE:'-it IE. DEI.RA Y BEACH. FLORIDA 33444
TILLP! I()NE:~h I /2-1-'. 7()l)() . FACSIMILE: 561 /27X-4755
OELRAY BEACH
~
All-America City
Writer's Direct Line: 561/243-7091
" III!DATE
MEMORANDUM
January 19, 2007
1993
2001
TO:
City Commission
David Harden, City Manager
~~
Brian Shutt, Assistant City Attorney
FROM:
SUBJECT: Resolution 4-07 - Contract for Sale and Purchase between the CRA
and the City and Interlocal AQreement for 145 SW 12th Avenue
Attached please find Resolution No. 4-07 which adopts and includes the Contract
for Sale and Purchase between the City and the CRA in the amount of $10.00 for
the purchase of the property located at 145 S.W. 1ih Avenue. The residential
home located on this property shall be renovated and additions shall be made to
this structure so that it may be used as office space in conjunction with the
Neighborhood Resource Center. The attached Interlocal Agreement provides that
the CRA shall pay for the construction costs of the conversion while the City shall
oversee such construction. This transaction has been advertised and is ready for
approval by the City Commission.
Our office requests that this Contract for Sale and Purchase and Interlocal
Agreement between the CRA and the City be placed on the February 6, 2007 City
Commission agenda for approval. Please call if you have any questions.
Attachment
cc: Chevelle Nubin, City Clerk
Lula Butler, Director of Community Improvement
Diane Colonna, Director of the Community Redevelopment Agency
IO.T
671\
~.
~
RESOLUTION NO. 4-07
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AUTHORIZING THE CITY TO
PURCHASE FROM SELLER CERTAIN REAL PROPERTY IN PALM
BEACH COUNTY, FLORIDA, AS DESCRIBED HEREIN, HEREBY
INCORPORATING AND ACCEPTING THE CONTRACT STATING
THE TERMS AND CONDITIONS FOR THE SALE AND PURCHASE
BETWEEN THE SELLER AND THE CITY OF DELRA Y BEACH,
FLORIDA.
WHEREAS, the City of Delray Beach, Florida, wishes to acquire certain property located
at 145 S.W. 12th Avenue, to provide land to be used in conjunction with the Neighborhood
Resource Center, a valid public purpose; and
WHEREAS, the Seller hereinafter named desires to sell the property hereinafter described
to the City of Delray Beach Florida; and
WHEREAS, it is in the best interest of the City of Delray Beach, Florida, to purchase said
property.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the City Commission of the City of Delray Beach, Florida, as Buyer,
hereby agrees to purchase from the Delray Beach Community Redevelopment Agency, as
Seller, for the purchase price of Ten Dollars ($10.00), and other good and valuable
consideration; said parcel being more particularly described as follows:
Lot 12, Block 6, Atlantic Gardens, Plat Book 14, Page 63, Palm Beach
County, Florida
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 Seller as hereinabove
named are incorporated herein as Exhibit "A".
PASSED AND ADOPTED in regular session on the
,2007.
day of
MAYOR
Attest:
City Clerk
CONTRACT FOR SALE AND PURCHASE
PARTIES: DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY, of 20 North Swinton Avenue,
Delray Beach, Florida (Phone: 561-276-8640) ("Seller"), and the CITY OF DELRAY BEACH, a Florida
municipal corporation, of 100 N.W. First Avenue, Delray Beach, Florida 33444 (Phone: (561)243-7090),
hereby agree that the Seller shall sell and Buyer shall buy the following described Real Property and Personal
Property (collectively "Property") upon the following terms and conditions, which INCLUDE the Standards for
Real Estate Transactions ("Standard(s)") on the reverse side hereof or attached hereto and riders and any
addenda to this Contract for Sale and Purchase ("Contract").
I. DESCRIPTION:
(a)Legal description of the Real Property located in Palm Beach County, Florida:
See legal description attached hereto and made a part hereof
(b) Street address, city, zip, of the Property is: 145 S.W. 12th Avenue, Delray Beach, FL
PURCHASE PRICE: $10.00
II. 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 prior to such
offer being withdrawn by the first party signing, this offer will be 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.
III. TITLE EVIDENCE: Prior to closing, Buyer may, at Buyer's expense, obtain a title insurance
commitment and, after closing, an owner's policy of title insurance.
IV. CLOSING DATE: This transaction shall be closed and the deed and other closing papers delivered
within one hundred twenty (120) calendar days following the execution of this Contract, unless modified by
other provisions of Contract.
V. RESTRICTIONS; EASEMENTS; LIMITATIONS: Buyer shall take title subject to: comprehensive land
use plans, zoning, restrictions, prohibitions and other requirements imposed by governmental authority;
restrictions and matters appearing on the plat or otherwise common to the subdivision; and public utility
easements of record.
VI. OCCUPANCY: Seller warrants there are no parties in occupancy other than Seller; but if Property is
intended to be rented or occupied beyond closing, the fact and terms thereof and the tenant(s) or occupants
shall be disclosed pursuant to Standard F. Seller shall deliver occupancy of Property to Buyer at time of
closing unless otherwise stated herein. If occupancy is to be delivered before closing, Buyer assumes all risk
of loss to Property from date of occupancy, shall be responsible and liable for maintenance from that date, and
shall be deemed to have accepted Property in its existing condition as of time of taking occupancy unless
otherwise stated herein.
VII. TYPEWRITTEN OR HANDWRITTEN PROVISIONS: Typewritten or handwritten provisions, riders
and addenda shall control all printed provisions of this Contract in conflict with them.
VIII. ASSIGNABILITY: (CHECK ONLY ONE): Buyer (1) _may assign and thereby be released from any
further liability under this Contract; _may assign but not be released from liability under this Contract; or
---2L-may not assign this Contract.
IX. SPECIAL CLAUSES; ADDENDA: If additional terms are to be provided, attach addendum and
CHECK HERE -L.
CITY OF DELRAY BEACH
DELRAY BEACH COMMUNITY REDEVELOPMENT
AGENCY
By:
By:
Tax ID No.
Tax ID No.
ADDENDUM TO CONTRACT FOR SALE AND PURCHASE
SELLER:
DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY
BUYER:
CITY OF DELRA Y BEACH
PROPERTY ADDRESS:
145 S.W. 1ih Avenue, 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 sixty (60) calendar days within which to conduct any and all feasibility studies
and determinations relative to the suitability for the acquisition of the subject property by the Buyer and the Buyer
reserves the express right to terminate this Contract at any time during said period for any reason or no reason, in
Buyer's sole discretion, whereupon Buyer shall receive a full refund of all deposit monies paid hereunder. Buyer
shall be granted reasonable access to the premises to conduct such feasibility studies and determinations,
including environmental assays, core drilling, surveys, soil sampling and other such testing.
Page 2 of 6
c. This Contract is expressly contingent and conditioned upon the approval of the same by the City
Commission of the City of Delray Beach.
D. The parties represent and warrant that there is no broker involved in this transaction to whom a
commission would be due.
SELLER'S INITIALS:
BUYER'S INITIALS:
Page 3 of 6
STANDARDS FOR REAL ESTATE TRANSACTIONS
A. EVIDENCE OF TITLE: 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 ofThe Florida Bar and in accordance with law. Buyer shall have 30 days, if abstract, or 5 days, iftitle 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 Buyerfails 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. 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.
C. 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 V hereof, title to which is in accordance with Standard A.
D. LEASES: Seller shall, not less than 15 days before closing, furnish to Buyer copies of all written leases and estoppel letters from each tenant specifying
the nature and duration of the tenant's occupancy, rental rates, advanced rent and security deposits paid by tenant. If Seller is unable to obtain such letter from
each tenant. the same information shall be fumished by Seller to Buyer within that time period in the form of a Seller's affidavit, and Buyer may thereafter
contact tenants to confirm such information. Seller shall, at closing, deliver and assign all original leases to Buyer.
E. 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 potentiallienors 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.
F. 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.
G. 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.
H. 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.
I. EXPENSES: Recording corrective instruments shall be paid by Buyer. Recording of deed 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 III.
J. SPECIAL ASSESSMENT LIENS: Certified, confirmed and ratified special assessment liens as of date of closing (not as of Effective Date) are to be
paid by Seller. Pending liens as of date of closing shall be assumed by Buyer. If the improvement has been substantially completed as of Effective Date, any
pending lien shall be considered as certified, confirmed or ratified and Seller shall, at closing, be charged an amount equal to the last estimate of assessment
for the improvement by the public body.
K. 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, orof canceling Contract
and receiving return of deposit(s).
L. 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 retumed 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.
M IiSCRO"': Any eSGrew ageRt r~!!!") reseiving tlmss sr equivaleRt is autl1srizes aRs agrees by aeee~laRse sf tl1em ts de~asit tt-!sm ~rem~t1y,llsIB
same iR asersw aRs, sulljest te slear=aRse, sisbL,ll'6e tt-!em iR aSG8reaRG8 will1 terms aRs eSRsilisRs sf CSRtr=aGl. Failure af G1ear=aRee sf tlmss sl1all Ret ellsuse
Buyer's ~erfarmaRee. If iR ssubt as ts l'.geRt's sulies or liabilities uRser It-!e ~r-evisieRs ef CORlr=aGl, AgeRt may, at l'.geRt's elllieR, eeRtiRue te Ilels tt-!e sulljeGl
matter of tile eserew uRtil tile ~afljes Iler-els agree Is its sisbursemeRI, er uRlil a JUBgmeRt sf a G8UR sf ssm~eteRt jurissistisR st-!all selermiRe It-!e rights ef the
~arties sr /'.geRt may de~ssit willl It-!e elerk of Ihe eifGuit eeUR t-!aviRg jurissistieR sf tt-!e sis~ute. U~eR RetifyiRg all ~aRies seneerneB sf suet-! aGlisR, all liability
sn tt-!e ~aR sf l'.geRt shall flJlly terminate, ellse~t Is Ihe exleRt sf asesuRtiRg fer aRY items ~Feviously seliveres sut ef esere'N. If a lieeRses raal estate braker,
Page 4 of 6
l'.o9Rt '::i11 8eR'lllly wilR IlrevisieRs ef CRalller H5, F.S., as aR'leRded. !'.flY syit 119w1e9R Byyer aRd Seller 'I:R9re .'\o9RI is R'lade a llaFI}' 119SBIlS9 at aGliRO as
l'.oeRt ReFellRder, or iR BRY sllil wRereiR .~eRt iRtBFf3leads IRe sllbjeGl R'latler ef tRe BS8re'll, A!;lent sRall re8aver reaseRallle alleR'leys' fees aRd 8ests iRslJrred
wilR IRes9 aR'lelJAts te be Ilaid freR'l aRd el,ll ef tRe essFBWBd flJRds er BElllivaleRt aRd sRarged aAd awaFEled as 8el,lr! sasls iR fever af tRa Ilr.e'/ailiROllart'j. TRe
!'.oeAt sRall ABt lie liallle Ie aAY !laFty er lleAlOR far R'lisdeliveryte Bllyer er Seller af ileR'ls sllbjeGlla tRis essrew, IlRless SI,ISR R'lisdelivery is dlle Ie '/~lIful breash
ef CeAtreGl er Dress ReolioaASB ef .".!;lent.
N. ATTORNIiY FIiIiS; COSTS: IR aAY lilioalien, insllldinollFElasR, enfeFS9R'leRler inl9rllrelalien, aFisinoeyt af IRis Cenlres!. th9llr.e'/ailiROllarty iA slleh
lilioalieA 'NRisR, fer IRa Illlr!leses ef this SlamlaFEl, shall iRslllde Seller, Bllyer, aAd any bFElkeAl aGliRo iR aoaRs}' er Rena09Rsy relalieRshills aYIl=lerizedlly
Cha!llar H5, F.S., as aR'lend9d, sl=lalllla eRlitled to rasover freR'l Ihe AeR IlFB\<ailiROllarty reaslmable allBR'lay's fe9S. 6ests, aRd eKlleRses.
O. FAILURE OF PERFORMANCE: If Buyer fails 10 perform this Contract within Ihe time specified (including paymenl of all deposit(s)), lhe deposit(s) paid
by Buyer and deposil(s) agreed to be paid, may be recovered and retained by or for the accounl 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 obligalions 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 10 make Seller's litle
marketable after diligent effort, Seller fails, neglects or refuses to perform this Conlracl, the Buyer may seek specific performance or elect to receive the relum
of Buyer's deposil(s) without thereby waiving any action for damages resulting from Seller's breach.
P. 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.
Q. CONVEYANCE: Seller shall convey title to Real Property by statutory Special Warranty Deed. subject only to matters contained in Paragraph V 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.
R. 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.
S. WARRANTIES: Seller warrants that there are no facts known to Seller materially affecting the value ')f the Property which are not readily observable by
Buyer or which have not been disclosed to Buyer.
Page 5 of 6
LEGAL DESCRIPTION
Lot 12, Block 6, Atlantic Gardens, Plat Book 14, Page 63, Palm Beach County, Florida
Page 6 of 6
INTERLOCAL AGREEMENT BETWEEN
THE CITY OF DELRA Y BEACH AND THE
DELRA Y BEACH COMMUNITY REDEVELOPMENT AGENCY
THIS INTERLOCAL AGREEMENT is made this _ day of
200_ by and between the CITY OF DELRAY BEACH, a Florida municipal corporation
("City") and the DELRA Y BEACH COMMUNITY REDEVELOPMENT AGENCY
("CRA").
WIT N E SSE T H:
WHEREAS, the CRA owns the property described in Exhibit "A" and wishes to
transfer ownership of the property to the City to be used in conjunction with the
Neighborhood Resource Center; and
NOW, THEREFORE, in consideration of the mutual covenants and promises
herein contained, the parties hereby agree as follows:
1 . Recitations. The recitations set forth above are hereby incorporated
herein.
2. Conveyance of Property. The CRA shall convey the property as
described in Exhibit "A", to the City, for the cost of $10.00 as consideration, receipt of
which is hereby acknowledged by the CRA. The transfer shall be by special warranty
deed and the City shall use the property in conjunction with the Neighborhood
Resource Center.
3.
Fundina of Improvements.
The CRA shall fund all construction
work/improvements, up to $100,000.00, to the structure located at 145 S.W. 12th
Avenue that are necessary to convert the building from residential to office use,
including the construction of additional offices as provided for in architectural plans
prepared for the CRA. Once all improvements are completed, normal maintenance and
repairs shall be the responsibility of the City.
4. Term. The term of this agreement shall commence when approved by
both parties and when executed by the last signatory to this agreement and shall expire
after the property has been transferred to the City and when the CRA has provided all
of the funding, to the City, for the improvements.
5. Interlocal Aareement. This Interlocal Agreement shall be filed pursuant
to the requirements pursuant to Section 163.01 (11), Florida Statutes.
6. Final Aareement; Modification. No prior or present agreements or
representations with regard to any subject matter contained within this agreement shall
be binding on any party unless included expressly in this agreement. Any modification
of this agreement shall be in writing and executed by the parties.
7. Severabilitv. The invalidity of any portion, article, paragraph, provision,
clause, or any portion thereof contained within this Agreement shall have no force or
effect upon the validity of any other portion hereof.
8. Laws; Venue. This Agreement shall be governed by and in accordance
with the Laws of Florida. Venue for any action arising from this agreement shall be in
Palm Beach County, Florida.
9. Sianatures Reauired. This Agreement shall not be valid until signed by
the Mayor and City Clerk.
ATTEST: CITYOF DELRA Y BEACH, FLORIDA
By:
City Clerk
Approved as to Form:
Jeff Perlman, Mayor
2
City Attorney
By:
Print
Title:
Print Name: GL- k
~~Je(' C~;,Mo
STATE OF FLORIDA
COUNTY OF jJ /l,-,/n (?:J (.'1 <:'-1 t-
The foregoing instrument was acknowledged before me this II t'h day of
.<7.hnu.-".~ ' 200.1by .F/l/r/l.k ~11<;.-l-r: l/11J,.'tYh4,..) (name of officer or agent,
title of offi er or aaent) of J)ZL./V),'J /3f-4L-lt (";el)- (name of corporation
acknowledging), a f-vtJ/l-t(J/J- (state or place of incorporation) corporation, on
behalf of the corporation. . He/She is personally known to. me or has produced
(fYpe of identification) as identification and did (did not)
take an oath.
~,. J-n~I~A
Sign ure of Notary P lic
~~y,~ JEAN MOOREFIELD
V MY COMMISSION # DD4434S6
~ !'C
"'1- "'~ EXPIRES: June 22, 2009
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Boca Raton;Delray Beach News - Monday, January 22, 200~www.bocanews.com 6
IIOT1CE Of IIl1'EN1' 10
ACQUIIE fIEAL PIIOPEIlTY
NOTICE IS HEREBY GIVEN, thai tha
City of Delray Beach, Florida, ha. de-
termined it to be in the best interest of
the City 10 purcha.e certain real prop-
erty for municipal purpose., more par-
licUalty doscrilod as foIows:
lot 12, Block 6, Allanllc Garden.. Plat
Book 14. Page 63, Palm Beach
CounIy. ~
The purchase is tor Ten Dollarl (US
$10.001. A Resol.llon of Ihe City
Commission of the Cny 01 Delray
Beach, Florid.. authOrizing the pur-
chase of property and incorporating
th, terms and conditions of such pur-
chase will be consld.red for adoption
by the City Commission at a regular
meeting to be held on Tuesday, Feb-
ruary 8, 2007 (or at any continuation
of luch meeting which Is set by the
Commission) at 7:00 p.m. in the Com~
million Chambers a1 City Hall. 100
N.W. 1st Avenue, 081ray Beach. Flor-
ida.
COY Of DELRAY BEACH. FlORIDA
~ NubIn
ClyClsltl
P\IlUSH:JaIllary 22 & 29. 2!XJ7
Boca RaIonJDeItay Beach News
~
LCU1-€ ( d ?l-
(tvy,- )
;)/6(07
a.~~
Boca Raton/Delray Beach News - Monday, January 29, 2007. WWW.bocanews'C:()I!!
NOTICE OF INTENT TO
ACQUIRE REAl. PllOPERTY
NOTICE IS HEREBY GIVEN, that the
City 01 Delray Beach, Flonda, has de;
1ermined it to be in the best mterest 0
the City to purchase certain real prop:
arty lor mu~icipal purp~ses, more. par
ticularly described as 1oUows.
L t 12 Block 6. AlIan1ic Gardens, Pial
~Ok '14, Page 63. Palm Beach
County, Florida
The purchase is for Ten Oollars ~~tS
$10.00). A Resolution. 01 o1he oelr~~
Commission 01 the CIty-
Beach Florida, authorizing Ihe Plur.
h . of property and incorpora mg
fh:S~erms and conditions of such p.ur-
chase will be considered lor adOPII~n
by I,he City beCO:erJss~~n T~~9:ay~e~Ue~~
meetln~ 102007 (or at any conlinuation
~~ar~UCh' meeting which is. S8\ bY' c~~~
Commission) at 7:00 trr;;lI;" ~a~1 100
~j~.ion1stC~~~~~~~ ~etray Beach,' Flor-
ida
CITY OF OELRAY BE~~O:~
CltyCIerk
PUBUSH:January 22 & 29, '2007
Boca RalonlDelray Beach News
~c '
L tLVt t( d ()...J
6