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Res 37-07 RESOLUTION NO. 37-07 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 DELRAY BEACH, FLORIDA. WHEREAS, the City of Delray Beach, Florida, wishes to acquire certain parking lots located in the Seacrest Neighborhood and on SW 4~h Avenue, to continue to provide public parking, 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 Dekay 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: See Exhibit "A" 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 "B". PASSED AND ADOPTED in regular session on this of une, 2007. .~ ~ . MAYOR ATTEST: City Clerk N. E. 14TH ST. >- Q 242 N E 13th Street 13TH ST. Q w 23 N E 12th Street x 0 12TH ST. 270 NE 12th Street 0 J ST. a 10TH ST. 06 NE 3rd Avenu H ST. N CRA Owned Parking Lot(s) _~ Transfer to the City of Delray Beach Yoy 24, 2007 CRA Owned Parking Lot(s) NOTE: SEE REVERSE SIDE FOR LEGEND Delray Beoch Community Redevelopment Agency N CRA Owned Parking Lot(s) ~_ Transfe'r to the City of Delray Beach May ze zoos CRA Owned Parking Lot(s) NOTE: SEE REVERSE SIDE FOR LEGEND Oelroy Beach Community Redevelopment Agmey i~w~~a~~~NMa~~~N~Nr~~~ ,~ ~~ ~ 7C a . °a~ 4 ~~ .~ M~ `.~ I~ v ~~ . ,, ?~-z (_~ This Instrument Prepared by and Return to: David N. Tolces, Esquire GOREN, CHEROF, DOODY & EZROL, P.A. 3099 E. Commercial Blvd., Suite 200 Fort Lauderdale, Florida 33308 FOLIO NO.: 12-43-46-09-28-004-0090 12-43-4(x09-28-004-0250 12-43-46-09-28-005-0011 12-43-46-09-28-009-0310 12-43-46-17-06-029-0110 12-43-46-17-06-029-0121 QUIT CLAIM DEED GFN 20070460007 OR HK 22154 PG 0160 RECORDED 18/02/2@07 15:35:15 Pal• Heach County, Florida Sharon R. Bock. CLERK lr COI'lPTROLLER Pgs 016®- 162; {3pgs) THIS QiJIT CLAIM DEED is made this Y"'" day of July, 2007 by and between the Delray Beach Community Redevelopment Agency, a Florida public body corporate and politic created pursuant to Section 163.356, Florida Statutes, whose post office address is 20 N. Swinton Avenue, Delray Beach, FL 33444 (hereinafter collectively the "Grantor") and the City of Delray Beach, a Florida municipal corporation, whose post office address is 100 N.W. 1`` Avenue, Delray Beach, FL 33444 (hereinafter the "Grantees"). WITNESSETH: That Grantor, for and in consideration of the sum of Ten Dollars ($10.00) in hand paid by Grantee, receipt whereof is hereby acknowledged, has granted, bazgained and quit-claimed to said Grantee and Grantee's heirs, successors and assigns forever the following described real property situate, lying and being in Palm Beach County, Florida, to wit: See Exhibit "A"attached hereto TO HAVE AND TO HOLD the same together with all and singular the appurtenances thereunto belonging or in anywise appertaining, and all the estate, right, title interest, lien, equity and claim whatsoever of Grantor, either in law or equity, for the use, benefit and profit of said Grantee forever. IN WITNESS WHEREOF, Grantors have hereunto set Grantors' hands and seal the day and yeaz first above written. Signed, sealed and delivered in the presence of Wig{~TTi~~f ~C~N (Print or Type Name) W ~S (Print or Ty a Name) Delray Beach Community Redevelopment Agency y: Frank Whea , ai rson 20 North Swinton Avenue Delray Beach, Florida 33444 ~d,$ ~~~ ~ ~~ STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me this day of J~~ 2007 by Frank Wheat, as Chairperson of the Delray Beach Community Redevelopment Agency, a Florida public body corporate and politic created pursuant to Section 163.356 F.S, on behalf of the CRA, who is personally known to me or has produced a Florida driver's license as identification. ~.1*Y°~¢f, JEAN MOOREF[EI D ~Q~ MYCOMMISSION;ItDD443456 ~~OF t1•o! EXPIRES: June 22, 2009 (4071 388-0153 Florida Notary S~rviW.com ~lC OTARY PUBLIC ~~-,J rJ'I ~ ail, 4 ~~ ~ ~ d EXHIBIT "A" Folio No.: 12-43-46-09-28-004-0090 Description: Lots 9 8~ 10, Block 4, Dell Park, as recorded in Plat Book 8 Page 56, of the Public Records of Palm Beach County, Florida Folio No.: 12-43-46-09-28-004-0250 Description: Lot 25, Block 4, Dell Park, according to the Plat thereof recorded in Plat Book 8 Page 56, of the Public Records of Palm Beach County, Florida Folio No.: 12-43-46-09-28-005-0011 Description: Lots 1, 2, 3, 4 and 5, Less the West 56 Feet of all Lots, Block 5, Dell Park, according to the Plat thereof on file in the Office of the Clerk of the Circuit Court in and for Palm Beach County, Florida, recorded in Plat Book 8, Page 56 Folio No.: 12-43-46-09-28-009-0310 Description: Lot 31, Block 9, Dell Park, a subdivision of the City of Delray Beach, Florida, according to the Plat thereof, recorded in Plat Book 8, Page 56, of the Public Records of the Office of the Circuit Court in and for Palm Beach County, Florida, recorded in Plat Book 8, Page 56 Folio No.: 12-43-46-17-06-029-0110 Description: Lots 11 and the North 15 Feet of Lot 12, Block 29, Resubdivision of Blocks 29 and 37, Delray Beach, Florida, according to the Plat thereof recorded in Plat Book 9, Page 66, of the Public Records of Palm Beach County, Florida. Folio No.: 12-43-46-17-06-029-0121 Description: The south 10 feet of Lot 12 and all of Lot 13, Block 29, Resubdivision of Blocks 29 and 37, Delray Beach, Florida, according to the Plat thereof recorded in Plat Book 9, Page 66, of the Public Records of Palm Beach County, Florida. LRAM BEACH [ITS OF DE CITY ATTORNEY'S OFFICE ~`~'~_} ~"-~~~iE'-_~;~ ~` ~~' f~~~{>'~ F ~ x;11 EF5 °R 8 475544 DELRAY BEACH All-America City DATE 1993 TO: 2001 FROM: Writer's Direct Line: 561/243-7091 MEMORANDUM July 23, 2007 Chevelle Nubin, City Clerk 1G, Brian Shutt, Assistant City Attorney ~ 1 SUBJECT: Quit Claim Deed The City now owns the property listed below: 12-43-46-09-28-004-0090 12-43-46-09-28-004-0250 12-43-46-09-28-005-0011 12-43-46-09-28-009-0310 12-43-46-17-06-029-0110 12-43-46-17-06-029-0121 RECEI\/ED J U L z 5 2001 CITY CLERK Attached please find an original Quit Claim Deed and the corresponding DOR Forms. Please have the Deed recorded and return a recorded copy to me. Thanks. RBS:ci Attachment cc: Lula Butler, Director of Community Improvement (copy of Deed) Paul Dorling, Director of Planning and Zoning (copy of Deed) Richard Hasko, Director of Environmental Services (copy of Deed) 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"). DESCRIPTION: (a)Legal description of the Real Property located in Palm Beach County, Florida: See legal description attached hereto and made a part hereof as Exhibit A" 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. In the event the Buyer wishes to discontinue. the public use of the property, it shall provide Seller with 30 days written notice of its intent to allow Seller to comment on such change. This notice provision shall survive the closing. 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 ONLYONE): Buyer (1) _may assign and thereby be released from any further liability under this Contract; _may assign but not be released from liability under this Contract; or X may not assign this Contract. Page 1 of 6 !V~ SPECIAL CLAUSES; ADDENDA: If additional terms are to be provided, attach addendum and CHECK HERE X . CITY OF DELRAY BEACH By: DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY B L ~ `mot/ y Tax ID No. ~~ ~ Tax ID No. Page2of6 ADDENDUM TO CONTRACT FOR SALE AND PURCHASE SELLER: DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY BUYER: ~ CITY OF DELRAY BEACH PROPERTY ADDRESS: See Exhibit "A" 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 cert~cate 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 maytake 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. 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: '~~"~~ BU ER'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 of The Florida Bar and in accordance with law. Buyer shall have 30 days, if abstract, ors 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,rf 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. M Seller is unable to obtain such letter from 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 furnish to Buyer at time of closing an affidavit attesting to the absence, unless otherwise provided for herein, of any financing statements, claims of lien or potential lienors known to Seller and further attesting that there have been no improvements or repairs to Property for 90 days immediately preceding date of closing. If Property has been improved, or repaired within that time, Seller shall deliver releases orwaivers 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. Anytime 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, namelyfitle 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 cert~ed, 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 Propertyas is, togetherwith eitherthe 3% orany insurance proceeds payable by virtue of such loss or damage, or ofcanceling Contract and receiving return of deposit{s). L. PROCEEDS OF SALE; CLOSING PROCEDURE: The deed shall be recorded upon clearance of funds. ff 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 attomeyorother mutuallyacceptable escrowagentfor 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. ff Seller fails to timely cure the defect, all deposit(s) shall, upon written demand by Buyer and within 5 days after demand, be returned to Buyer and simultaneously with such repayment, Buyer shall return Personalty and vacate Real Property and reconvey the Property to Seller by special warranty deed and bill of sale. If Buyer fails to make timely demand for refund, Buyer shall take title as is, waiving all rights against Seller as to any intervening defect except as may be available to Buyer byvirtue 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 itwill not withhold disbursementof mortgage proceeds as a result of anytitle defect attributable to Buyer-mortgagor. The escrowand closing procedure required bythis Standard may be waived if title agent insures adverse matters pursuant to Section 627.7841, F.S., as amended. er+tfa _ Page 4 of 6 O. FAILURE OF PERFORMANCE: If Buyerfails to perform this Contractwithin the time specified (including payment of all deposit(s)), the deposit(s) paid by Buyer and deposit(s) agreed to be paid, maybe recovered and retained byor 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 speck performance or electto receivethe return of Buyers deposit(s) without thereby waiving any action for damages resulting from Sellers breach. P. CONTRACT NOT RECORDABLE; PERSONSBOUND;NOTICE: NeitherthisContractnoranynoticeofitshallberecordedinanypublicrecords.This Contract shall bind and inure to the benefit ofthe parties and their successors in interest. Wheneverthe 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. ~. CONVEYANCE: Seller shall convey title to Real Property byQuit Claim Deed, subject onlyto matters contained in Paragraph V and those otherwise accepted by Buyer. Personal Property shall, at request of Buyer, be transferred byan absolute bill of sale with warrantyof title, subject onlyto such matters as maybe otherwise provided for herein. R. OTHER AGREEMENTS: No prioror present agreements or representations shall be binding upon Buyeror 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: Sellerwarrants that there are no facts known to Seller materially affecting the value of the Property which are not readilyobservable by Buyer or which have not been disclosed to Buyer. Page 5 of 6 EXHIBIT "A" Seacrest Parking Address Legal Description Physical Description ~ Lots Location 12-43-46-09-28- 242 NE 13 Lots 9 & 10, Block 4, Dell Park, as Parkin~q Lot between NE 2" 004-0090 Street recorded in Plat Book 8 Page 56, and 3` Avenues of the Public Records of Palm Beach Count ,Florida 12-43-46-09-28- 223 NE 12 Lot 25, Block 4, Dell Park, Parking Lot between NE 2" 004-0250 Street according to the Plat thereof and 3~ Avenues recorded in Plat Book 8 Page 56, of the Public Records of Palm Beach Coun ,Florida 12-43-46-09-28- 270 NE 12 Lots 1, 2, 3, 4 and 5, Less the Parking lot at the southwest 005-0011 Street West 56 Feet of all Lots, Block 5, corner of NE 12~h Street and Dell Park, according to the Plat NE 3`~ Avenue thereof on file in the Office of the Clerk of the Circuit Court in and for Palm Beach County, Florida, recorded in Plat Book 8, Pa a 56 12-43-46-09-28- 906 NE 3` Lot 31, Block 9, Dell Park, a Parking Lot between NE 9 009-0310 Avenue subdivision of the City of Delray and 10th Streets Beach, Florida, according to the Plat thereof, recorded in Plat Book 8, Page 56, of the Public Records of the Office of the Circuit Court in and for Palm Beach County, Florida, recorded in Plat Book 8, Pa a 56. SW 4 Avenue Parking Lot 12-43-46-17-06- 16 SW 4 Lots 11 and the North 15 Feet of Parking lot on the west side of 029-0110 Avenue Lot 12, Block 29, Resubdivision of SW 4~h Avenue, across from Blocks 29 and 37, Delray Beach, the Police Department (North Florida, according to the Plat Half). thereof recorded in Plat Book 9, Page 66, of the Public Records of Palm Beach Count ,Florida. 12-43-46-17-06- 16 SW 4 The south 10 feet of Lot 12 and Parking lot on the west side of 029-0121 Avenue all of Lot 13, Block 29, SW 4~h Avenue, across from Resubdivision of Blocks 29 and the Police Department (South 37, Delray Beach, Florida, Half). according to the Plat thereof recorded in Plat Book 9, Page 66, of the Public Records of Palm Beach Count ,Florida. Page 6 of 6 CITE ' (~ N`x ~ sl ~~ ~ t~'~ ~ ~~Li'?.hY &EACH, FLORIDA 33444 CITY A TTORNEY :-~F.;'rc1NF. _.6.'.' ~ , _~v ° F,-.CSIMILE: 561/278-4755 WRITER'S DIRECT LINE 561/243-7091 DELRA~~ June 25, 2007 All-America City 1 'Diane Colonna, Executive Director ® Community Redevelopment Agency 1993 20 North Swinton Avenue tool Delray Beach, FL 33444 Subject: Contract for Sale and Purchase Dear Diane: Attached please find a fully executed, original document for your files. Sincerely, OFFICE OF THE CITY ATTORNEY CITY OF DELRAY BEACH, FLORIDA R. Brian Shutt, Esq. Assistant City Attorney RBS:ci Attachment cc: Chevelle Nubin, City Clerk (original) ~~, J ~~ ~.F: ~: _~ ~_~ Y~~i d~ Wt Cs~~ ~~ INTERLOCAL AGREEMENT BETWEEN THE CITY OF DELRAY BEACH AND THE DELRAY BEACH COMMUNITY REDEVELOPMENT THIS INTERLOCAL AGREEMENT is made this ~~~day of 2007 by and between the CITY OF DELRAY BEACH, a Florida municipal corporation ("City") and the DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY ("CRA"). WITNESSETH: WHEREAS, the CRA owns the properties described in Exhibit "A" and wishes to transfer ownership of the properties to the City, and the City has agreed to accept the transfer and will maintain the properties in perpetuity; 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 properties 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 quit claim deed, and the City shall own and maintain the properties in perpetuity. 3. 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, except as provided herein. „~ 4. Restriction on Use. The CRA and the City agree to restrict the use of the properties described in Exhibit "A" to public uses, including, but not limited to parking facilities for the general public. In the event the City determines that any of the properties described in Exhibit "A" should no longer be used as a parking lot, or for other public use, the City shall provide the CRA with written notice of its intent to discontinue the public use, and provide the CRA with thirty (30) days to comment on the proposed change in use, and make any suggestions regarding the City's intended change in use. The provisions of this Paragraph shall survive the conveyance of the quit claim deed to the City. 5. Interlocal Agreement. This Interlocal Agreement shall be filed pursuant to the requirements pursuant to Section 163.01(11), Florida Statutes. 6. Final Agreement; 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. Severability. 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. 2 9. Signatures Required. signed by the Mayor and City Clerk. ATTEST: City Clerk Approved as to ~y~,City Attorney This Agreement shall not be valid until CITY DELRAY BEA H, FLORIDA R a Ellis, Mayor COMMUNITY REDEVELOPMENT AGENCY gy. ~ ~~. Print Name: rt~ul~.vn c.-Ew,s Title: /r ~ 4 c ~r ~~~ n~ ~s ,J ~e STATE OF FLORIDA COUNTY OF ~~` rn ~ f~f The foregoing instrument was acknowledged before me this ~ytl day of 2007 by }~w.9-•~ ~~w~J (name of officer or agent, title of officer or agent} of ,~ ~~ ~~+~ ~ ~y.G1t e 2 ~ (name of corporation acknowledging), a ~~v,~.~o~-- (state or place of incorporation) corporation, on behalf of the corporation. H_e/She i~ personally known to me or has produced (type of identification) as identification and did (did not) take an oath. ~.~`Y °P06~~, ~'~ ° %IOOREFIELD z MY; "fON#tDD443456 Sign re of Nota Public ~~~plQ E *vne22,2009 (107) 358-0753 Flc+i~e ~ - Servlcacom H:120061060018 DBCRAIAGMT 20071ILA with City (Pazking Lots).doc Witnesses: EXHIBIT "A" Seacrest Address Legal Description Physical Description 8~ Parking Lots Location 12-43-46-09-28- 242 NE 13 Lots 9 & 10, Block 4, Dell Parking Lot between NE 004-0090 Street Park, as recorded in Plat Book 2nd and 3~d Avenues 8 Page 56, of the Public Records of Palm Beach Count ,Florida 12-43-46-09-28- 223 NE 12 Lot 25, Block 4, Dell Park, Parking Lot between NE 004-0250 Street according to the Plat thereof 2"d and 3"' Avenues recorded in Plat Book 8 Page 56, of the Public Records of Palm Beach Count ,Florida 12-43-46-09-28- 270 NE 12 Lots 1, 2, 3, 4 and 5, Less the Parking lot at the 005-0011 Street West 56 Feet of all Lots, Block southwest corner of NE 5, Dell Park, according to the 12'h Street and NE 3`d Plat thereof on file in the Office Avenue of the Clerk of the Circuit Court in and for Palm Beach County, Florida, recorded in Plat Book 8, Pa a 56 12-43-46-09-28- 906 NE 3 Lot 31, Block 9, Dell Park, a Parking Lot between NE 9 009-0310 Avenue subdivision of the City of and 10th Streets Delray Beach, Florida, according to the Plat thereof, recorded in Plat Book 8, Page 56, of the Public Records of the Office of the Circuit Court in and for Palm Beach County, Florida, recorded in Plat Book 8, Pa a 56. SW 4 Avenue Parking Lot 12-43-46-17-06- 16 SW 4 Lots 11 and the North 15 Feet Parking lot on the west 029-0110 Avenue of Lot 12, Block 29, side of SW 4~' Avenue, Resubdivision of Blocks 29 across from the Police and 37, Delray Beach, Florida, Department (North Half). according to the Plat thereof recorded in Plat Book 9, Page 66, of the Public Records of Palm Beach Count ,Florida. 12-43-46-17-06- 16 SW 4 The south 10 feet of Lot 12 Parking lot on the west 029-0121 Avenue and all of Lot 13, Block 29, side of SW 4~h Avenue, Resubdivision of Blocks 29 across from the Police and 37, Delray Beach, Florida, Department (South Half). according to the Plat thereof recorded in Plat Book 9, Page 66, of the Public Records of Palm Beach Count ,Florida. CITE CITY ATTRRYg I `i(f h;W ~tii,~F F~? ~ T~LE~I3t~?~rF: ~~i~ '- E ~~vl?Ay BEACH. FLORIDA 33444 ~ I~i)~J°FACSIMILE:561/278-4755 WRITER'S DIRECT LINE 56]/243-7091 DELRAY BEACH ~Une 25, 2007 ~~~~~~ All-America City r 'Diane Colonna, Executive Director ~~N 2 ~ 2007 ® Community Redevelopment Agency ~~T~ 20 North Swinton Avenue ~L~~~ 1993 Zoo1 Delray Beach, FL 33444 Subject: Interlocal Agreement Between the City of Delray Beach and the Delray Beach Community Redevelopment Agency Dear Diane: Attached please find a fully executed, original document for your files. Sincerely, OFFICE OF THE CITY ATTORNEY CITY OF DELRAY BEACH, FLORIDA R. Brian Shutt, Esq. Assistant City Attorney RBS:ci Attachment cc: Chevelle Nubin, City Clerk (original) ~ "~ 11rr ll ~/ 4.,~ f:.r, ~ ITV ..rt= `r ~~~ #;.~v~ ~~,o~~D~ RESOLUTION NO. 37-07 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 DELRAY BEACH, FLORIDA. WHEREAS, the City of Delray Beach, Florida, wishes to acquire certain parking lots located in the Seacrest Neighborhood and on SW 4th Avenue, to continue to provide public parking, 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: See Exhibit "A" 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 "B". PASSED AND ADOPTED in regular session . 2007. MAYOR Attest: on the day of City Clerk EXHIBIT "A" Seacrest Parking Address Legal Description Physical Description ~ Lots Location 12-43-46-09-28- 242 NE 13 Lots 9 & 10, Block 4, Dell Park, as Parkin~q Lot between NE 2 004-0090 Street recorded in Plat Book 8 Page 56, and 3 Avenues of the Public Records of Palm Beach Coun ,Florida 12-43-46-09-28- 223 NE 12 Lot 25, Block 4, Dell Park, Parking Lot between NE 2 004-0250 Street according to the Plat thereof and 3 Avenues recorded in Plat Book 8 Page 56, of the Public Records of Palm Beach Count ,Florida 12-43-46-09-28- 270 NE 12 Lots 1, 2, 3, 4 and 5, Less the Parking lot at the southwest 005-0011 Street West 56 Feet of all Lots, Block 5, corner of NE 12'h Street and Dell Park, according to the Plat NE 3`~ Avenue thereof on file in the Office of the Clerk of the Circuit Courtin and for Palm Beach County, Florida, recorded in Plat Book 8, Pa a 56 12-43-46-09-28- 906 NE 3 Lot 31, Block 9, Dell Park, a Parking Lot between NE 9 009-0310 Avenue subdivision of the City of Delray and 10th Streets Beach, Florida, according to the Plat thereof, recorded in Plat Book 8, Page 56, of the Public Records of the Office of the Circuit Court in and for Palm Beach County, Florida, recorded in Plat Book 8, Pa a 56. SW 4 Avenue Parking Lot 12-43-46-17-06- 16 SW 4 Lots 11 and the North 15 Feet of Parking lot on the west side of 029-0110 Avenue Lot 12, Block 29, Resubdivision of SW 4~h Avenue, across from Blocks 29 and 37, Delray Beach, the Police Department (North Florida, according to the Plat Half). thereof recorded in Plat Book 9, Page 66, of the Public Records of Palm Beach Count ,Florida. 12-43-46-17-06- 16 SW 4 The south 10 feet of Lot 12 and Parking lot on the west side of 029-0121 Avenue all of Lot 13, Block 29, SW 4`h Avenue, across from Resubdivision of Blocks 29 and the Police Department (South 37, Delray Beach, Florida, Half). according to the Plat thereof recorded in Plat Book 9, Page 66, of the Public Records of Palm Beach Count ,Florida. Page 6 of 6 Exhibit "B" 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 "Pro ert ')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 descripfion attached hereto and made a parf hereof as Exhibit "A" PURCHASE PRICE: $10.00 11. 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. In the event the Buyer wishes to discontinue the public use of the property, it shall provide Seller with 30 days written notice of its intent to allow Seller to comment on such change. This notice provision shall survive the closing. 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 X may not assign this Contract. Page 1 of 6 SPECIAL CLAUSES; ADDENDA: If additional terms are to be provided, attach addendum and CHECK HERE X . CITY OF DELRAY BEACH DELRAYBEACHCOMMUNITYREDEVELOPMENT AGENCY By: By: Tax ID No. Tax ID No. Page 2 of 6 ADDENDUM TO CONTRACT FOR SALE AND PURCHASE SELLER: DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY BUYER: CITY OF DELRAY BEACH PROPERTY ADDRESS: See Exhibit "A" 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 ofnon-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. tf 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. 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 Buyers 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 dosing. 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, 'rf tRle 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, deliverwritten 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 disdoses encroachments on the Real Property or that improvements located thereon encroach on setback lines, easements, (ands 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 descdbed in Paragraph V hereof, title to which is in accordance with Standard A. D. LEASES: Seller shall, not less than 15 days before dosing, famish to Buyer copies of all written leases and estoppel letters from each tenant specfying 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 famished by Seller to Buyer within that time pedod 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 famish to Buyer at time of dosing an affidavit attesting to the absence, unless otherwise provided for herein, of any finandng statements, claims of lien or potential lienors known to Seller and further attesting that there have been no improvements or repairs to Property for 90 days immediately preceding date of closing. If Property has been improved, or repaired within that time, Seller shall deliver releases orwaivers of mechanics' liens executed by all general contractors, subcontrectors, 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 attomey 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 excuded. 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 ConVact H. DOCUMENTS FOR CLOSING: Seller shall famish deed, bill of sale, construction lien affidavit, owner's possession affidavit, assignments of leases, tenant and mortgage estoppel letters, and corcective instruments. Buyer shall famish dosing statement, mortgage, mortgage note, security agreement, and finandng statements. I. EXPENSES: Recording corrective instruments shall be paid by Buyer. Recording ofdeed shall be paid by Buyer. Unless otherwise provided bylaw or rider to this Contract, charges for the following related title services, namely title or abstract charge, title examination, and settlement and dosing 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 specal assessment liens as of date of closing (not as of Effective Date) are to be paid by Seller. Pending liens as of date of cosing 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 dosing shall proceed pursuant to the terms of Contrect 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°h 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 famished, evidence of title shall be continued at Buyer's expense to show title in Buyer, without any encumbrances or change which would render Sellers title unmarketable from the date of the last evidence. All dosing proceeds shall be held in escrow by Sellers attomey or other mutually acceptable escrow agent for a period of not more than 5 days after closing date. If Sellers title is rendered unmarketable, through no fault of Buyer, Buyer shall, within the 5 day period, notify Seller in writing of the defed and Seller shall have 30 days from date of receipt of such notification to cure the defect. If Seller fails to timely cure the defect, all deposit(s) shall, upon written demand by Buyer and within 5 days after demand, be returned to Buyer and simultaneously with such repayment, Buyer shall return Personalty and vacate Real Property and reconvey the Property to Seller by specal 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 defed except as may be available to Buyer byvirtue of warranties contained in the deed or bill of sale. If a portion of the purchase price is to be derived from institutional finandng 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 anytitle defed attributable toBuyer-mortgagor. The escrow and closing procedure required bythis Standard may be waived if title agent insures adverse matters pursuant to Section 627.7847, F.S., as amended. Page 4 of 6 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 deposits} agreed to be paid, maybe 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 Sellers option, may proceed in equity to enforce Seller's rights under this Contrail. If, for any reason other than failure of Seller to make Seller's title marketable after diligent effort, Seller fails, neglects or refuses to perform this Contract, the Buyer may seek specific performance or elect to receive the return of Buyers deposit(s) without thereby waiving any action for damages resulting from Sellers breach. P. CONTRACT NOT RECORDABLE; PERSONS BOUND; NOTICE: Neitherthis Contract nor any notice of itshall be recorded in anypublic records. This Contract shall bind and inure to the benefit of the parties and their successors in interest. Wheneverthe 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 Quit Claim Deed, subject onlyto matters contained in Paragraph V and those otherwise accepted by Buyer. Personal Property shall, at request of Buyer, be transferred byan absolute bill of sale with warranty of title, subject onlyto 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. 3. WARRANTIES: Sellerwarrants that there are no facts known to Seller materially affecting the value of the Property which are not readilyobservable by Buyer or which have not been disclosed to Buyer. Page 5 of 6 EXHIBIT "A" Seacrest Parking Address Legal Description Physical Description & Lots Location 12-43-46-09-28- 242 NE 13 Lots 9 & 10, Block 4, Dell Park, as Parking Lot between NE 2" 004-0090 Street recorded in Plat Book 8 Page 56, and 3 Avenues of the Public Records of Palm Beach Coun ,Florida 12-43-46-09-28- 223 NE 12 Lot 25, Block 4, Dell Park, q Lot between NE 2 Parkin 004-0250 Street according to the Plat thereof ~ and 3` Avenues recorded in Plat Book 8 Page 56, of the Public Records of Palm Beach Coun ,Florida 12-43-46-09-28- 270 NE 12 Lots 1, 2, 3, 4 and 5, Less the Parking lot at the southwest 005-0011 Street West 56 Feet of all Lots, Block 5, corner of NE 12th Street and Dell Park, according to the Plat NE 3'~ Avenue thereof on file in the Office of the Clerk of the Circuit Court in and for Palm Beach County, Florida, recorded in Plat Book 8, Pa a 56 12-43-46-09-28- 906 NE 3 Lot 31, Block 9, Dell Park, a Parking Lot between NE 9 009-0310 Avenue subdivision of the City of Delray and 10th Streets Beach, Florida, according to the Plat thereof, recorded in Plat Book 8, Page 56, of the Public Records of the Office of the Circuit Court in and for Palm Beach County, Florida, recorded in Plat Book 8, Pa a 56. SW 4 Avenue Parking Lot 12-43-46-17-06- 16 SW 4 Lots 11 and the North 15 Feet of Parking lot on the west side of 029-0110 Avenue Lot 12, Block 29, Resubdivision of SW 4th Avenue, across from Blocks 29 and 37, Delray Beach, the Police Department (North Florida, according to the Plat Half). thereof recorded in Plat Book 9, Page 66, of the Public Records of Palm Beach Coun ,Florida. 12-43-46-17-06- 16 SW 4 The south 10 feet of Lot 12 and Parking lot on the west side of 029-0121 Avenue all of Lot 13, Block 29, SW 4th Avenue, across from Resubdivision of Blocks 29 and the Police Department (South 37, Delray Beach, Florida, Half). according to the Plat thereof recorded in Plat Book 9, Page 66, of the Public Records of Palm Beach Coun ,Florida. Page 6 of 6 INTERLOCAL AGREEMENT BETWEEN THE CITY OF DELRAY BEACH AND THE DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY THIS INTERLOCAL AGREEMENT is made this day of 2007 by and between the CITY OF DELRAY BEACH, a Florida municipal corporation ("City") and the DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY ("CRA"). WITNESSETH: WHEREAS, the CRA owns the properties described in Exhibit "A" and wishes to transfer ownership of the properties to the City, and the City has agreed to accept the transfer and will maintain the properties in perpetuity; 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 properties 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 quit claim deed, and the City shall own and maintain the properties in perpetuity. 3. 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. 4. Restriction on Use. The CRA and the City agree to restrict the use of the properties described in Exhibit "A" to public uses, including, but not limited to parking facilities for the general public. In the event the City determines that any of the properties described in Exhibit "A" should no longer be used as a parking lot, or for other public use, the City shall provide the CRA with written notice of its intent to discontinue the public use, and provide the CRA with thirty (30) days to comment on the proposed change in use, and make any suggestions regarding the City's intended change in use. 5. Interlocal Agreement. This Interlocal Agreement shall be filed pursuant to the requirements pursuant to Section 163.01(11), Florida Statutes. 6. Final Agreement; 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 ar~d executed by the parties. 7. Severability. 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. Signatures Required. This Agreement shall not be valid until signed by the Mayor and City Clerk. 2 ATTEST: City Clerk Approved as to Form: City Attorney Witnesses: Print Name: Print Name: STATE OF FLORIDA COUNTY OF CITY OF DELRAY BEACH, FLORIDA By: Rita Ellis, Mayor COMMUNITY REDEVELOPMENT AGENCY By: Print Name: Title: The foregoing instrument was acknowledged before me this day of 200_ by (name of officer or agent, title of officer or agent) of (name of corporation acknowledging), a (state or place of incorporation) corporation, on behalf of the corporation. He/She is personally known to me or has produced (type of identification) as identification and did (did not) take an oath. Signature of Notary Public H:\2006\060018 DBCRAIAGMT 2007\ILA with City (Parking Lots).doc 3 EXHIBIT "A" Seacrest Address Legal Description Physical Description 8r Parking Lots Location 12-43-46-09-28- 242 NE 13 Lots 9 & 10, Block 4, Dell Parking Lot between NE 004-0090 Street Park, as recorded in Plat Book 2nd and 3rd Avenues 8 Page 56, of the Public Records of Palm Beach Count ,Florida 12-43-46-09-28- 223 NE 12 Lot 25, Block 4, Dell Park, Parking Lot between NE 004-0250 Street according to the Plat thereof 2nd and 3`d Avenues recorded in Plat Book 8 Page 56, of the Public Records of Palm Beach Count ,Florida 12-43-46-09-28- 270 NE 12 Lots 1, 2, 3, 4 and 5, Less the Parking lot at the 005-0011 Street West 56 Feet of all Lots, Block southwest corner of NE 5, Dell Park, according to the 12th Street and NE 3rd Plat thereof on file in the Office Avenue of the Clerk of the Circuit Court in and for Palm Beach County, Florida, recorded in Plat Book 8, Pa a 56 12-43-46-09-28- 906 NE 3` Lot 31, Block 9, Dell Park, a Parking Lot between NE 9 009-0310 Avenue subdivision of the City of and 10th Streets Delray Beach, Florida, according to the Plat thereof, recorded in Plat Book 8, Page 56, of the Public Records of the Office of the Circuit Court in and for Palm Beach County, Florida, recorded in Plat Book 8, Pa a 56. SW 4 Avenue Parking Lot 12-43-46-17-06- 16 SW 4 Lots 11 and the North 15 Feet Parking lot on the west 029-0110 Avenue of Lot 12, Block 29, side of SW 4th Avenue, Resubdivision of Blocks 29 across from the Police and 37, Delray Beach, Florida, Department (North Half). according to the Plat thereof recorded in Plat Book 9, Page 66, of the Public Records of Palm Beach Count ,Florida. 12-43-46-17-06- 16 SW 4 The south 10 feet of Lot 12 Parking lot on the west 029-0121 Avenue and all of Lot 13, Block 29, side of SW 4th Avenue, Resubdivision of Blocks 29 across from the Police and 37, Delray Beach, Florida, Department (South Half). according to the Plat thereof recorded in Plat Book 9, Page 66, of the Public Records of Palm Beach Count ,Florida. EGG : ~ c~~~e~~a' elray Beach News -Tuesday-Wednesday, June 5-6, 2007 ,www.bocanews.com • Boca Raton/D 13 ~'=c'°es 1od >Awr~au~+lc~ea~a~rs NOTICE OF INTENT TO ACQUIRE REAL PROPERTY I NOTICE IS HEREBY GIVEN that C'Iry of Delray Beach, Florida, has d tennined it to be in the best interest the City to purchase certain real prop arty for munidpal purposes, more par-I titularly described as folbws: Lots 9 & 10, Bk1ck 4, Dell Park of th corded in Plat Book B Page b6, Public Records of Palm Beac County, Florida Lot 25, Block 4, Dell Park, accordin to the Plal thereof recorded in Pla Book 8 Page 56, of the Publi Records o1 Palm Beach County, Flori da Lots 1, 2, 3, 4 and 5, Less the West Feet of all Lots, Bock 5, DeY Park ac cording 1o the Plat thereof on file i the Office of the Clerk of the Circui Courl in and for Palm Beach County, Fonda, recorded in Plat Book 8, Pag 58 Lot 31, Block 9, Dell Park, a subdivi sbn of the Cdy of Delray Beach, Fbr ida, according to the Plat thereof, re Lorded in PWt Book 6, Page 56, of ih Public Records d the Office of the Ck cult Court in and for Palm Beec County, Florida, recorded in Plat 80 8, Page 56. Lots 11 and the North 15 Feet of Lot 12, Block 29, Resubdivision of Blocks 29 and 37, Delray Beach, Florida, ac cording to the Plat thereof rewrded it Plat Book 9, Page 68, of the Publir Records of Palm Beach County, Flori da. The south 10 teat of Lol 12 and all c Lot 13, Block 29, Resubdivision c Blocks 29 and 37, Delray Beach, Floi ida, according to the Plat thereof rf corded in Plat Book 9, Page 66, of tt Public Records of Palm Beac County, Fkxida. The purchase is for Ten Dollars (L 570.001. A Resolution of fhe Ci Commission of the City of Delr Beach, Florida, authorizing the pr chase of property and incorporati the terms and condhions of such p chase will De considered for adopt) -by fhe Cify Commission at a raga meeting to be neld on Tuesday, Jt 19, 2007 (or at any continuation such meeting which is set by Commission) al 7:00 p.m. in the Ci mission Chambers at City Hall, N.W. 1st Avenue, Delray Beach, F ida. _ CkT~WfaF#3ELRAV BEACR; FCOf ChevNle D. Nubin, Publish: June 5 612, 2007 Boca PatonlDelray Beach News 3~ _ ~~ G~ C . ~ ~ e rc(a ~~,) www.bocanews.com • Boca Raton/Delray Beach News -Tuesday-Wednesday, June 12-13, 2007 9 NOTICE OR INTENT TO ACOUfRE REAL PROPERTY NOTICE IS HEREBY GIVEN, that the City of Delray Beach, Florida, has de- iermined it to be in the best interest oB the Ciry to purchase certain real prop-'~ erty for municipal purposes, more par-~ bcularty described as folbws: Lots 9 & 10, Block 4, Dell Fark, as re-I corded in PWt Book 8 Page 56, of they Public Records of Palm Beach~~ County, Florida ~ Lot 25, Block 4, Dell Park, according to the Plat thereol recorded in Plaf. Book 8 Page 56, of the Public' Records of Palm Beach County, Flori- da Lots 1, 2, 3, 4 and 5, Less the West 5~ Feet of all Lots, Block 5, Dell Park, ac-~~ cording to the Plat thereof on file irJ the OBice of the Clerk of the Circuit. Court in and for Palm Beach County,'. Florida, recorded in Plat Book 6, Page] 56 Lot 31, Block 9, Dell Park, a subdivii Sion of the City of Delray Beach, Flor-,' ida, according to the Plat thereof, re corded in Plat Book B, Page 56, of the1 Public Records o1 the Oflice of the Cir- cuit Court in and For Palm Beach: County, Florida, recorded in Plat Book', 8, Page 56. Lots it and the North 15 Feet of LoE. 12, BIOCX 29, Resubdivision of Blocksi. 29 and 37, Delray Bsach, Florida, ac-j cording to the Plat thereof recorded in Plat Book 9, Page 66, of the Public) Records of Palm Beach County, lori~; da. I The south 10 feel of Lot 12 and all of Lot t_ Block 29 Resubdivision of Blocks 29 and 37, Delray Beach, Flur- ~Iida. according to the Piat thereat re- corded in Plat Book 9, Page 66, of the Public Records of Palm Beach I, County, Florida. The purchase is for Ten Dollars (US 310.001. A Resolution of the City Commission cf the City of Delray Beach, Florida, authorizing the pur- chase of properly and incorparatiog ',the terms and conditions of such pur- '',chase will be considered for adoption '~., by the City Commission at a regular ,meeting to be held on Tuesday, June 19, 2007 (or at any continuation of such meeting which is set by the Commission) al 7.00 p. m. in the Com- mission Chambers al City Hall, 100 N.YJ. tst Hvenue, Delray Beach, Flor- ida. CITY CF DELRAY BEACR, FLORIDA Chevelle D. Nubia CNC City Clerk i-u'~~i;fti :bane 5 & 12, 2007 Boca RatornDelray Beach News