Agenda Workshop 05-14-02 CITY COMMISSION
CITY OF DELRAY BEACH, FLORIDA
SPECIAL/WORKSHOP - TUESDAY, MAY 14, 2002
6;00 P.M. FIRST FLOOR CONFERENCE ROOM
DELRAY BEACH
1993
2001
The City will furnish appropriate auxiliary aids and services where necessary to afford an individual
with a disability an equal oppommity to participate in and enjoy the benefits of a service, program or
activity conducted by the City. Contact Doug Randolph at 243-7127 (voice) or 243-7199 (TI)D), 24
hours prior to the program or activity in order for the City to reasonably accommodate your request.
Adaptive listening devices are available for meetings in the Commission Chambers.
SPECIAL MEETING AGENDA
Pursuant to Section 3.07 of the Charter of the City of Dekay Beach, Mayor David W. Schmidt, has
instructed me to announce a Special Meeting of the City Commission to be held for the following
purposes:
1. PURCHASE OF BREEZY RIDGE PROPERTIES: Consider approval of contracts for the
purchase of six (6) Breezy Ridge Properties.
WOI~KSHOP A GF, NDA
1. Discussion regarding Bicycle/Pedestrian Committee
2. Glacier Ice and Snow Arena Presentation - Hal Jacovitz
3. Budget Priorities for FY 2003
4. Commission Comments
Please be advised that if a person decides to appeal any decision made by the City Commission with
respect to any matter considered at this meeting, such person will need to ensure that a verbatim
record includes the testimony and evidence upon which the appeal is based. The City neither
provides nor prepares such record.
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: ~TY MANAGER
SUBJECT: AGENDA ITEM '~"- '[- SPE(~IAL MEETING OF MAY 14, 2002
PURCHASE OF BREEZY RIDGE PROPERTIES
DATE: MAY 10, 2002
This is before the Commission to consider approval of contracts for the purchase of six (6) Breezy
Ridge properties. The contract prices are thirty 00) percent over the appraised value and they
provide for:
Early closing in order to pay the residents in an expeditious manner
· Early payoff of any mortgages for those that will close in May
· An opportunity for residents to stay after closing until November 1, 2002 without rental fees
· A relocation benefit of $1,500.00 when a resident vacates the property
Attached is one contract for your review. All of the contracts follow the same form, but if you would
like to view the other contracts, they are available in the City Clerk's office.
Recommend approval of contracts for the purchase of six (6) Breezy Ridge properties.
S:\City Clerk\chevelle folder\agenda memo~\Breezy R~dge.05.10.02
[lTV OF OELRI:I¥ BEI:I[H
CITY ATTORNEY'S OFFICE
200 NW 1st AVENUE · DELRAY BEACH, FLORIDA 33444
TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755
1993
MEMORANDUM
DATE: May 9, 2002
TO:
City CommissiOn
FROM:
Susan A. Ruby, City Attorney
SUBJECT: Approval of Contract for Breezy Rid.qe Resident
Attached are the following Contracts for Sale and Purchase of additional homes in
Breezy Ridge Estates with regard to the High School relocation matter:
Frank and Kathleen Gratto
12-43-46-18-02-000-0111
$162,500.00
Monita Lindor
12-43-46-18-02-000-0102
$169,000.00
Harold and Stella Ward
12-43-46-18-02-000-0350
$153,400.00
John and Donna Dority
12-43-46-18-02-000-0370
$158,600.00
Timothy and Lynne Carmody
12-43-46-18-02-000-0380
$143,000.00
Francisa Ramos
12-43-46-18-02-000-0530
$162,500.00
By copy of this memo to David Harden, City Manager, I am requesting that a
Special Meeting be scheduled for Tuesday, May 14, 2002.
If you have any questions, please call me.
Attachments
cc: David Harden, City Manager
Barbara Garito, City Clerk
Lula Butler, Director of Community Improvement
Joe Safford, Finance Director
Becky O'Connor, Treasurer
Robert Federspiel, Esq.
CON~TP, ACT FOR SALE ;tN'D PU~CF~ASE
PARTIES: FR2~ GP, AT~O and K~THLEEN GP. ATTO, his w=fe, ("~") , of 115 NW 23rd
Avenue, Delray Beach, FL 33445, (Phone- 265-2431), and the CI%'f OF DELP, AY BEACH,
a Florida ~nicipal corporation, ("BI~") , of 100 N.W. 1st Avenue, De!ray Beach,
FL 33444 (Phone: 561-243-7000}, hereby agree =hat =he Seller shall sell and Buyer
shall buy the following described Real Property and Personal Property
(collectively "~P_r~") upon the following ce~ms and conditions, which INCLUDE
the Standards for Real Estate Transactions ("~j~") on the reverse sade
hereof or actached hereto and riders and any addenda to this Contract for Sale
and Purchase ("~").
DESCRIPTION:
(a) Legal descrlDtlon of the Real ~ro~erty located In Palm Beach County,
Florida.
LoC 12, and a porc_-n of Lo= I1, Replat of Part of Breezy R~dge
Estates, according ~ the map or plat thereof as recorded ~n Plat
Book 24, Page 116, Pu21~c Records of Palm Beach County, Florida,
more particularly described as follows: Commencing a= the Nor%heast
corner of sald LoT !1; thence South 09°30'30"west, along The East
line of said Lot !1, a distance of 200 feet to the Point of
Begnnlng, concinulng Souch 09°30'30"West, a distance of 80 feet;
thence North 80°29'30"West, along =he SouTh line of said Lot 12, a
distance of 120 feet, thence North 09:30'30"East, along =he West
line of said LoT 12 and its extension Northerly, a distance of ~0
feet; =hence South 80~29'30"East, a distance of 120 fee5 to the
Point of Beginning.
Property Control No.:!2-43-46-18-02-000-0!I1
(b) Street address, city, z!p, of the Property is: 115 NW 23rd Avenue,
Delray Beach, Florida
II. PUI~C~SE PRICE:
PAYS:
(a) Deposit(s) paid within three ~3)
business days fol!owlng ~he Effective
Date of ~his Contract, to be
held in escrow by Robert w. Federsple!,
P.A. T~st Account Ln the amount of
$ 1,000.00
Balance ~o close (U.S. cash, auuorney urust
account check, LOCALLY DP_~WN certlf~ed or
cashier's check, or w~re ~ransfer) subject To
adjustments or proration
Total
$162,500 . 00
III.
TI~E FOR ACCEPTA/~CE; EFFECTIVE DATE; FACSIMILE. If Thls offer ~s not
executed ~y and delivered ~o all part~es OR FACT OF EXECUTION communicated
~n writing between the par~les prior 5o such offer being wl~hdrawn by The
first party s~gn~ng. ~he depos~{s> w~!!, at Buyer's op~lon, be r~urned
IV.
and this offer wlthdrawn. The date of Con~ract ("Effective Daze") wlll be
the later of the dace when ~he las~ one of the Buyer and ~he Seller has
slgned this offer or The date ~he ClOy Commlsslon of The Clty of Delray
Beach approves chis ConTrac~ A facslmlle copy of thls Contract and any
signatures thereon shall be considered for all purposes as originals
TITLE EVIDENCE: AT least 30 days from the effective dace, (CHECK ONLY
ONE) : ~Seller shall, ac Sel!er's expense, dellver to Buyer or Buyer's
attorney; OR ~Buyer shall ac Buyer's expense obtain (CHECK ONLY ONE)-
~abstrac~ of title or ~Zltle Insurance commitment (with legible copies
of lnscrumenzs !~sted as exceptions attached thereto) and, after closing,
an owner's policy of Ti=le ~nsurance.
Vo
CLOSING DATE: This transact!on shall be closed and the warranty Deed and
other clos!ng papers delivered on the second Wednesday foliowlng The
expiration of The feaslb~!i~y study period as provided for In Section
XI(A), unless modified b~., -~ner provisions of Contract.
VI.
RESTRICTIONS; EASEMENTS; LiMiTATIONS: Buyer shall take title subject
comprehensive land use plans, zoning, res~rictlons, prohibitions and other
re.cru~remen~s imposed by governmental authority; restrictions and matters
appearing on the plat or otherwise common to the subdivision; public
utility easements of record (easements are to be located contiguous
Real Property llnes and not more than 10 feet in width as to the rear or
front l~nes and 7-1/2 fee~ an w~d~h as To ~he side lines, u~iess otherwise
stated herein); t~xes for year of closing and subsequent years, assumed
mortgages and purchase money mortgages, if any (If addltionai items, see
addendum); provided chat there exlsus aT closing no violation of The
foregoing.
OCuumANCY: Seller warrancs There are no parcies in occupancy other than
Seller. Seller shall deliver occupancy of Propercy co Buyer ac time of
closing unless otherwise szaced here!n, if occupancy is co be delivered
before closing, Buyer assumes all rlsk cf loss co Property from date of
occupancy, shall be responsible and liable for maintenance from chat date,
and shall be deemed co have accepted ~roperty ~n its ex~st~ng condlzion as
of time of caking occupancy unless otherwise stated herein.
VIII TYPEWRITTEN OR HANDWRITTEN PROVISIONS: Typ. ewrltten or handwrI==en
provisions, riders and addenda shall control all pr!n=ed provlslons of
~hls Contrac= In confllc~ w~th ~hem.
IX.
ASSIGNABILITY: (CHECK ONLY ONE). Buyer <i) · may assign and thereby be
released from any further Ilab~!~zy under uhls Contract; ~may asslgn but
no~ be released from !~abi!~u'£ under thls Contract; or ~may not assign
th~s Con~ract.
Xo
DISCLOS~ES:
(a) Radon
(b)
· s a naturally occurring radloac~ive gas 5ha~, when
accumulated in a bui!dlng ~n sufficient quant~es, may present
heai~h risks to persons 'who are exposed to lu over tlme. Levels of
radon that exceed federal and sta%e gu~de!ines have been found In
buildings ~n Flor~aa Add~tlonal ~nformazlon regarding Radon or
Radon testing may ne cDtalned from your County Publlc Health unl~
Buyer may have de~erm~ned one energy efflclency rating of the
resldent~a! bu~idlng, ~f any is located on The Real Property.
SPECIAL CLA~SES~ ADDENDA~
a=~ached addendum and CHECK HERE
CITY OF DELRA¥ BEACH
Date
By:
Tax ID No. 59-6000308
I~ addl = ~onal terms are ~o be provided,
Ka=hleen Gra~o
DaCe
social security
Deposi=(s) under Paragraph II (a) received; IF OTHER THAN CASH, THEN SUBJECT TO
CLEARANCE: ROBERT W. FEDERSPIEL, P.A.
By:
ADDW-NDUM TO CONTRACT, FOR SAL~- A/TD PURCHASE
SELLER.
FRA/gK GR~,TTO and KATHLEEN GP. ATTO, his wife
B U'fER:
PROPERTY ADDRESS
CITY OF DELRAY BEACH, a F!orzda municipal corporation
115 554 23rd Avenue, Delray Beach, FL 33445
XI- SPECIAL CLAUSES; ADDENDA (Continued) :
A. The Buyer shall have twelve (12) business days following the approval
of chis contract by the Cloy Commission as sec forth in ~ below within
which co conduce any and all feasibility studies and dezermlnaclons re!a~Ive to
the sub=ability for the acqulslcion of the sub]ec~ proper~y by the Buyer and ~he
Buyer reset-yes the express right to mermlnace chis Contract ac any Clme during
said period for any reason or no reason, in Buyer's sole discreclon, whereupon
Buyer shall receive a full refund of all deposlc monies paid hereunder. Buyer
shall be granted reasonable access to the premlses co conduce such feasibility
s=udles and decermlnaclons, !ncludlng environmental assays, core drilling,
surveys, soil sampling and oche~ ~uch testing.
B. This Concrac= is expressly contingent and conditioned upon the
approval of the same by the City Commission of the City of Delray Beach wichln
fifteen (15) business days from the dace the Seller signs chis Con~ract, and chls
Contract shall expressly hoc be deemed an "offer" by the Buyer for any purpose
unless and until the said City Commission shall have approved and accepted said
Contract in open session. If this Con=ract is noc approved by the C!~y
Commission of the C!Cy of Delray Beach wichln fifteen (15) bus,ness days from the
dace the Seller signs Chis Concracz, then ~hls Contract will be null and void and
of no further force or effecc.
C. This purchase is in lieu of eminent domain. The paroles believe chat
Chis transaction is exempt from documentary scamp tax pursuant co Fla. Adm&n.
Code Ann. r. 12B-4.013, however in ~he event the obllgaClon for documen=ary scamp
tax is de~ermined and assessed, =he Seller agrees ~o be responsible for the same
and to indemnIfy, save, and hold =he Buyer harmless for such taxes.
D. Early Closing: Nocwlchstandlng ~he provisions sec forth in Section V
of the Contract, Sellers e!ec~ ~o close flf~een (15) business days following the
date of de!lve.--y to the Buyer of ~he executed Contracz and a copy of all mortgage
account information relative co any mortgages Seller may have on the subject
property.
Seller hereby acknowledges zhac they have dell 'ered the executed Con~rac~Dr
Sa%$~'~k~d Purchase and provided ~he mortgage pay~nent information on chis _~ day
please
initial
E. ~urchase Price Ad~us~.menc: The Buyer hereby agrees cha~ in the even~
lc shall have en=ered ~n~o any volun~a~/ contrac~ oucslde of emlnen~ domain for
the purchase of another property within ~he Breezy R!dge Estates subdlvls~on
prior to ~he closing of this purchase and sale and such ocher contract would
provide a purchase price as defined in Article ii of che Contract for Sale and
~urchase which is grea~er than ~hlrt¥ percen~ (30%) above eke appralsed value of
such ocher proper~y according ~o a Donaf~de appraisal acceptable to the Buyer
(~he "O~her Conuracu"l the Buyer shall ~ncrease the purchase price for che
property which ~s the subject of ~hl~ Contract to reflect the same percentage
varlance above appraised value agreed to be paid in such Ocher Contract.
F. ProDer~y Excluded: The following appliances, improvements, and
fixtures located in or on the subjec~ property are hereby excluded from ~he sale
and wmll be removed when we vacate the premises:
(List): ~ ~
G. Pos=-Closing Occupancy: The undersigned Sellers hereby elect
continue to occupy ~he proper~y after clos~,ng as a Tenant under a lease agreemen~
wL~h the Buyer ~o be signed au c ~slng an form substantially as attached hereto,
which lease will provide for ~he .ght zo occupy the premises un~i1 November 1,
2002, ac no rent. Further, provlcea ~hat an =he even= the undersigned Seller has
en=ered into a lease wl~h the School Board of 9aim Beach County on or prior
November 1, 2002, which lease is acceptable to the School Board of Palm Beach
County and provldes for the Seller's rlgh~ to continue to occupy =he premises
after the conveyance of ~he property by the Buyer zo uhe School Board of Palm
Beach Court=y, the Seller shall have the rlgh~ to continue occupancy after
November 1, 2002 under the lease wl~h the Buyer until ~he earlier of- December
2002, or ~he conveyance of %he subDect property by ~he Buyer %o the School Board
of Palm Beach County.
option, please initial hera:
~. ~[o~a~io~ B~ne~ie: The Buyer ~ereby acknowledges ~ka~ if ~he
subject proper~y is occupied a~ of the date of closing, the occupant will receive
a relocation benefit in '~he amount of One Thousand F~ve Hundred Dollars
($1,500.00), ~o be pa~d by uhe Buyer to the occupan= upon the occupant vacating
the subject proper~y.
BUYER'S INITIALS:
ST~FOA.ItDS FOR RE~L ~S~AT~ TRA~SACT%ONS
de~ec:(s;. ~a~lLng w~c~ ~uyer s~all. ~:n~n f~ve {5) days al:er ex~rac~on of :ne :~Lrzy (30) day perLod, del~ver ~r:::et no:Lce
cer:~&ed Dy a r~xscere~ FlorLda su.-veyor I~ :~e sucre? ~:scloses encroac.~lments on :~e Real Proper~y or :~at ~mprovemen~s loca~e~
no ~.~rovemen~s or rep&&rs ~: Proper:v ~or 90 ~.ays ~mme~l~acely preced&ng da~e of closzng, i~ Proper:y has Peen ~m~rove~. or :epa~re~
~uyer
F TIME. :n compu=%ng :=me ~er:ods of less :~an 3=.¢ (6; ~a%.s. Sa=ur=ay$, Sun=ays and $ca=e or hat.one! legal nol~ay$ snail be
agree :o :rs d:l~utsemm~t, or unt:l a ]udgmen: of a court oi :o~ecenc ]ur:sd:ct:on sha:l deter:ne :~e r:gb:~ oi the part.es
The ~enc s~ll ~c be :,~:e :o any par:y or person ~or -_~eL:ve~/ :o Buyer or Seller of ::ems s~ec: :o :~:s escrow, unless suc~
m:saeLzve~ :s due :o w:ll~ul breac~ of Con:fac: or gross ~egL:ge~ce ~f Agen:.
M. A~ ~; COSTS: In any fcc:gar:on, :nclud~ng breach, en:otcemenc or :nce~recacaon, a=:s:ng ouc o~ :~s Contract,
preva~lang pa~Cy :n suc~ La::gac:on w~:c~, eo~ :~e pu~oses of :~s S:an~a=~. shall :ncLu~e Seller. Buyer, and any brokers
:n agency or flonagency re~ac:ofls~aps auc~or::e~ oy Chapter 475, ? S . as a~n~ed, s~all be enca:led :o ~ecove: :rcm :~e
p~eva~L~n9 par:y =e~sonaDle a~:o~ey's ~ees, :os:s. and expenses
N, FAZL~E Oe P~O~. :: Buyer Ca:Is co per~o~ :h:s Con::ac: ~::~:n :~e ::me spec:::ed (:ncLu~:ng pa~enc :~ all
Seller as agree~ upon L:~:~aced Cadges. coBs:deter:on :or :~e axe:ur:on of :h:s Contract and :n :u!l se:c!emen: of any cLazms.
wflereupon, Suye= and Seller s~ll be tel:eyed o[ all obi:gao:ohs ~nder Concrac:, or Seller. ac Seller's opcacn ~y proceed :n
0. CO~ ~ ~CO~; ~S no~; ~I~. ~e::~er ~n:s C~n:~ac: nor any no:~ce o~ ~: 3nail oe recor~e~ ~n any
pe~:~, sLn~la~ shall :nclude p~ural and one genaer s~al! :nclude all Nor:ce g:ven ~y or :o :~e ac:orney ~or any pa~:y s~all be
Q. ~ ~s: No pr:or or gresen: agree~n:s or regrese~uacLons shall be binding upo~ Buyer or Selle= unless :~:l,:e: .~
R. w~: Seller warran:s :~c :~ere are nc /ac:3 kno~ :o Seller ma:er:ally affec::ng :he val~e cf :ne Proper:y ~a::r are
THIS LEASE, is made by and between CITY OF DELRAY BEACH, hereinafter
called "Landlord," whose address ~s 100 N.W. First Avenue, Delray Beach,
Florida 33444, and
, hereinafter called "Tenant."
W I TNE S S E TH:
In consideration of the faithful performance of all covenants,
agreements and conditions herein contained, on the part of the Tenant to
be kept, done and performed, the said Landlord does hereby lease to the
Lessee the following described property:
Single family residence _Dcated at
, Delray Beach, Flormda.
its "as ms" condition.
Said property to be mn
TO HAVE AND TO HOLD the same until November 1, 2002, at no rent.
Further, provided that in the event the Tenant has entered into a lease
with the School Board of Palm Beach County on or prior to November 1,
2002, which lease is acceptable to the School Board of Palm Beach County
and provides for the Tenant's rmght to continue to occupy the premmses
after the conveyance of the property by the Landlord to the School Board
of Palm Beach County, the Tenant shall have the right to continue
occupancy after November 1, 2002, under the Lease with the Landlord until
the earlier of: December 1, 2002, or the conveyance of the subject
property by the Landlord to the School Board of Palm Beach County.
NOTICE TO TENANT (Pursuant to Chapter 83, F.S.)
A. Landlord designates SUSAN RUBY, ESQ., of the City Attorneys'
Office, 200 N.W. First Avenue, Delray Beach, FL 33444, as the person
authorized on its behalf to receive all notices and demands of Tenant.
THE TENANT FURTHER COVENANTS AND AGREES AS FOLLOWS:
1. Not to use or permit to be used the premises for any illegal,
immoral or improper purposes.
2. Not to make or permit any noise, disturbance or annoyance
whatsoever detrmmental to the premises or to the comfort and peace of
nemgb, boring residents.
3. The partmes agree that the premmses, including lawn and
plan~lngs, and pool (if applicable), shall be contmnuous!y maintained mn
good conditmon by the Tenant, ~nclud~ng but not !mmited to amr
condltmoning and heat, app!mances and/or appliance servlce contract,
· nter~or pest extermmnatmon (mf desired), lawn & plantings, lawn pest
control, bu~ldmng exterior, bulld~ng mnter~or, pool and equlpment/pool
service, and Chat the obllgaclon and cost of maIntenance shall be borne
by the Tenant.
4. All charges for utilztzes services during the term of Chis
Lease, including but not llmted co electric, telephone, gas/fuel, sewer,
water, and refuse collectIon, shall be payable by the Tenant.
5. The Tenant assume full and complete rzsk of loss and injury to
themselves and others which may result from the occupancy of the subject
premzses pursuant to this Lease and in consideratzon of such tenancy, the
Tenant agrees co indemnzfy, save, and hold the Landlord harmless from any
and all liabillty, costs, c!alms, expenses, or damages of whatsoever
nature including defense costs, attorneys' fees, and adminzstrative
COSTS.
6. Tenanc shall deliver up possession of the premises at the end
of the term in as good condiC!cn as they now are, ordinary wear and tear
excepted; Tenant acknowledges prior inspection of the premises and finds
same Co be in good condition except as hereinafter noted.
7. Tenant agrees chat Landlord shall have the right, upon
reasonable notice, to inspect the premises and to show the premises co
prospective Tenants or Purchasers.
8. Tenant agrees Co pay the cost of repairlng any and all damage
to the premises occasioned by Tenant or any other par~y during the term
of chis Lease, including the cost of removing foreign substances from
toilets and sinks.
9. Tenant covenants and agrees that the premises shall not ac any
time be occupied by more than one family or persons without
wrltcen approval of the Landlord.
10. DEFAULT: Tenant's default in the performance of the covenants
and conditions hereunder shall immediately constitute Tenant as a ~enant
aC sufferance and, in such event, Tena~.t waives all right of notice to
vacate said premises, and the Landlord shall be entitled co re-enter and
retake possession of the premises immediately and without liabll~ty for
such action.
11. Tenant agrees Co pay all court costs and reasonable attorney's
fees which may be pa~d or incurred by Landlord or Landlord's agent
enforcing Che covenants, conditions, agreemenZs and obligations of chis
Lease in the event of Tenant's default hereunder.
12. This Lease contains the entire agreement of the parties and
supersedes any and all prior agreements between chem. This Lease shall
be binding upon the benef~ of the paru~es, their Personal
Representatives, successors and assl~s.
13. Tenant shall not assign the Lease, or sublet the premises or
any par~ zhereof, or pe_~ml~ the premises or any part thereof co be used
or occupied by anyone other than Tenant or members of Tenant's immediate
family, without the prior written consent of Landlord.
14. Tenant is hereby prohibited from making any improvements to the
subject real property other than pursuant to its repair and maintenance
and obligations as described herein and in the event a Claim of Lien
shall be recorded against the subject property as a result of any of
Tenant's actions and such Lien shall not be discharged of record within
~en (10) days thereafter, the Tenant shall be deemed to be in default
pursuant to the terms of this Lease.
IN WITNESS WHEREOF, the parties hereto have executed this Lease the
day and year first above written.
BY SIGNING THIS RENTAL AGREE?ENT THE TENANT AGREES THAT UPON SURRENDER
OR ABANDONMENT, AS DEFINED BY .~HE FLORIDA STATUTES, THE LANDLORD SHALL
NOT BE LIABLE OR RESPONSIBLE FOR STOP, AGE OR DISPOSITION OF THE TENANT'S
PERSONAL PROPERTY.
WITNESSES:
LANDLORD:
As to Landlord (2 required)
CITY OF DELRAY BEACH
By:
Printed Name:
Title:
As to Tenant (2 required) TENANT:
CONTRACT FOR SALE AND PURCHASE
PARTIES= HAROLD E. WARD and STELLA E. WARD, his wife, ("Seller"), of 15 NW 24th
Avenue, Delray Beach, FL 33445, (Phone: 276-9815), and the CITY OF DELRAY BEACH,
a Florida municipal corporation, ("B~hv_e~"), of 100 N.W. 1st Avenue, Delray Beach,
FL 33444 (Phone: 561-243-7000), hereby agree that the Seller shall sell and Buyer
shall buy the following described Real Property and Personal Property
(collectively "P_r~") upon the following terms and conditions, which INCLUDE
the Standards for Real Estate Transactions ("~") 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:
Lot 35, Replat of Part of Breezy Ridge Estates, according to the map
or plat thereof as recorded in Plat Book 24, Page 116, Public
Records of Palm Beach County, Florida
Property Control No.:12-43-46-18-02-000-0350
(b) Street address, city, zip, of the Property is: 15 NW 24th Avenue,
Delray Beach, Florida
II. PURCHASE PRICE=
PAYMENT
(a)
Deposit(s) paid within three (3)
business days following the Effective
Date of this Contract, to be
held in escrow by Robert W. Federspiel,
P.A. Trust Account in the amount of
$ 1,000.00
(b)
Balance to close (U.S. cash, attorney trust
account check, LOCALLY DRAWN certified or
cashier's check, or wire transfer) subject to
adjustments or proration
Total
$153,400.00
III.
IV.
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, the deposit(s) will, at Buyer's option, be returned
and this offer withdrawn. The date of Contract ("Effective Date") will be
the later of the date when the last one of the Buyer and the Seller has
signed this offer or the date the City Commission of the City of Delray
Beach approves this Contract. A facsimile copy of this Contract and any
signatures thereon shall be considered for all purposes as originals.
TITLE EVIDENCE: At least 30 days from the effective date, (CHECK ONLY
ONE): DSeller shall, at Seller's expense, deliver to Buyer or Buyer's
attorney; OR ·Buyer shall at Buyer's expense obtain (CHECK ONLY ONE):
Dabstract of title or ·title insurance commitment (with legible copies
of instruments listed as exceptions attached thereto) and, after closing,
an owner's policy of title insurance.
CLOSING DATE: This transaction shall be closed and the Warranty Deed and
other closing papers delivered on the third Wednesday following the
expiration of the feasibility study period as provided for in Section
XI(A), unless modified by other provisions of Contract.
VI.
RESTRICTIONS; EASEM]~NTS; 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; public
utility easements of record {easements are to be located contiguous to
Real Property lines and not more than 10 feet in width as to the rear or
front lines and 7-1/2 feet in width as to the side lines, unless otherwise
stated herein); taxes for year of closing and subsequent years; assumed
mortgages and purchase money mortgages, if any (if additional items, see
addendum); provided that there exists at closing no violation of the
foregoing.
VII.
OCCUPANCY: Seller warrants there are no parties in occupancy other than
Seller. Seller shall deliver occupancy of Property to Buyer at time of
closing 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.
VIII. TYPEWRITTEN OR HANDWRITTEN PROVISIONS: Typewritten or handwritten
provisions, riders and addenda shall control all printed provisions of
this Contract in conflict with them.
IX.
ASSIGNABILITY: (CHECK ONLY ONE): Buyer (1) · may assign and thereby be
released from any further liability under this Contract; Dmay assign but
not be released from liability under this Contract; or ~may not assign
this Contract.
DISCLOSURES:
(a) Radon is a naturally occurring radioactive gas that, when
accumulated in a building in sufficient quantities, may present
health risks to persons who are exposed to it over time. Levels of
radon that exceed federal and state guidelines have been found in
buildings in Florida. Additional information regarding Radon or
Radon testing may be obtained from your County Public Health unit.
(b) Buyer may have determined the energy efficiency rating of the
residential building, if any is located on the Real Property.
XI.
SPECIAL CLAUSES; ADDENDA: If additional terms are to be provided,
attached addendum and CHECK HERE ·.
CITY OF DELRAY BEACH
Tax ID No. 59-6000308
Date
H~rold E. W~rd
Date
Social Securit~--£_~
or Tax ~D No. ~l~- r~ - J~ 93
Stella E. Ward
Date
Social Security_
or Tax ID No. 5_ .-..~ I%~,.1--, ,/._.~ ,..~::~.~,..._,~'~,_~.~
Deposit(s) under Paragraph II (a) received; IF OTHER THAN CASH, THEN SUBJECT TO
CLEARANCE: ROBERT W. FEDERSPIEL, P.A.
By:
ADDENDUM TO CONTRACT FOR SALE AND PURCHASE
SELLER:
HAROLD E. WARD and STELLA E. WARD, his wife
BUYER:
CITY OF DELRAY BEACH, a Florida municipal corporation
PROPERTY ADDRESS:
15 NW 24th Avenue, Delray Beach, FL 33445
XI. SPECIAL CLAUSES; ADDENDA (Continued):
A. The Buyer shall have twelve (12) business days following the approval
of this contract by the City Commission as set forth in ~ below 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.
B. This Contract is expressly contingent and conditioned upon the
approval of the same by the City Commission of the City of Delray Beach within
fifteen (15) business days from the date the Seller signs this Contract, and this
Contract shall expressly not be deemed an "offer" by the Buyer for any purpose
unless and until the said City Commission shall have approved and accepted said
Contract in open session. If this Contract is not approved by the City
Commission of the City of Delray Beach within fifteen (15) business days from the
date the Seller signs this Contract, then this Contract will be null and void and
of no further force or effect.
C. This purchase is in lieu of eminent domain. The parties believe that
this transaction is exempt from documentary stamp tax pursuant to Fla. Admin.
Code Ann. r. 12B-4.013, however in the event the obligation for documentary stamp
tax is determined and assessed, the Seller agrees to be responsible for the same
and to indemnify, save, and hold the Buyer harmless for such taxes.
D. Early Closing: Notwithstanding the provisions set forth in Section V
of the Contract, Sellers elect to close fifteen (15) business days following the
date of delivery to the Buyer of the executed Contract and a copy of all mortgage
account information relative to any mortgages Seller may have on the subject
property.
Seller hereby acknowledges that they have delivered the executed Contract for
Sale and Purchase and provided the payment information on this day
of , 2002.
If yOU wish to ~this early~o~g option, please1
initial here: ,~
E. Purchase Price Adjustment: The Buyer hereby agrees that in the event
it shall have entered into any voluntary contract outside of eminent domain for
the purchase of another property within the Breezy Ridge Estates subdivision
prior to the closing of this purchase and sale and such other contract would
provide a purchase price as defined in Article II. of the Contract for Sale and
Purchase which is greater than thirty percent (30%) above the appraised value of
such other property according to a bonafide appraisal acceptable to the Buyer
(the "Other Contract"), the Buyer shall increase the purchase price for the
property which is the subject of this Contract to reflect the same percentage
variance above appraised value agreed to be paid in such Other Contract.
F. Property Excluded: The following appliances, improvements, and
fixtures located in or on the subject property are hereby excluded from the sale
and will be removed when we vacate the premises:
(List):
G. Post-Closing Occupancy: The undersigned Sellers hereby elect to
continue to occupy the property after closing as a Tenant under a lease agreement
with the Buyer to be signed at closing in form substantially as attached hereto,
which lease will provide for the right to occupy the premises until November 1,
2002, at no rent. Further, provided that in the event the undersigned Seller has
entered into a lease with the School Board of Palm Beach County on or prior to
November 1, 2002, which lease is acceptable to the School Board of Palm Beach
County and provides for the Seller's right to continue to occupy the premises
after the conveyance of the property by the Buyer to the School Board of Palm
Beach County, the Seller shall have the right to continue occupancy after
November 1, 2002 under the lease with the Buyer until the earlier of: December 1,
2002, or the conveyance of the subject property by the Buyer to the School Board
of Palm Beach County.
occ. a c ,
option, please initial here:
H. Relocation Benefit: The Buyer hereby acknowledges that if the
subject property is occupied as of the date of closing, the occupant will receive
a relocation benefit in the amount of One Thousand Five Hundred Dollars
($1,500.00), to be paid by the Buyer to the occupant upon the occupant vacating
the subject property.
BUYER'S INITIALS:
SELLERS' INITIALS:
STANDARDS FpR REAL ESTATE TRANSACTIONS
A. EVIDENCE OF TITLE: (1)An ~ prepared or brought current by a reputable and existing abstract firm {if not
existing then certified as correct by an existing firm) purporting to be an accurate synopsis of the instruments affecting title
to Real Property recorded in the public records of the county wherein Real Property is located, through Effective Date It shall
co~aence with the earliest public records, or such later date as may be customary in the county. Upon closing of this Contract, the
abstract shall become the property of Buyer, subject to the right of retention thereof by first mortgagee until fully paid. (2)
A t~tl~ ~n~%~r~ co~m3tmemt issued by a Florida licensed title insurer agreeing to !ssue 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 t~tle to Real Property, sub3ect
only to liens, encumbrances, exceptions or qualification provided ~n this Contract and those which shall be discharged by Seller
at or before closing Seller shall convey a marketable t~tle sub3ect only to liens, encumbrances, exceptions or qual~f~catlons set
forth in Contract Marketable title shall be determined according to applicable Title Standards adopted by authority of The Florida
Bar and in accordance with law Buyer shall have 30 days, if abstract, or 5 days, if t~tle commitment, from date of recelvlng
evidence of title to examine it If title is found defective, Buyer shall, w~thln 3 days thereafter, notlfy Seller in writing
specifying defect(s) If the defect(s) render t~tle unmarketable, Seller will have 30 days from receipt of notice to remove the
defect(s), falling which Buyer shall, within five (5) days after exp~ratlon 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 falls
to so notify Seller, Buyer shall be deemed to have accepted the t~tle as ~t then ~s Seller shall, if title ~s found unmarketable,
use diligent effort to correct defect(s) ~n t~tle within the time provided therefor. If Seller ~s unable to t~mely 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.
S. SURVEY: Buyer, at Buyer's expense, within tzme 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. IN~I~ESSANDE(]R~SS: Seller warrants and represents that there is ingress and egress to the Real Property sufficient for the
· ntended use as described in P&ra~raph VI. hereof, tltle to which is in accordance w~th Standard A.
D, LIENS: Seller shall furnish to Buyer at t~me of closing an affidavit attesting to the absence, unless otherwise provzded for
herein, of any financing statements, claims of l~en or potential llenors known to Seller and further attesting that there have been
no ~mprovements or repairs to Property for 90 days immediately preceding date of closing If Property has been ~mproved, or repaired
within that t~me, Seller shall del~ver releases or waivers of mechanics' liens executed by all general contractors, subcontractors,
suppliers, and materlalmen in addltlon to Seller's l=en affidavit setting forth the names of all such general contractors,
subcontractors, suppliers and mater~almen and further afflrralng that all charges for improvements or repalrs which could serve as
a basis for a mechanic's l~en or a claim for damages have been paid or w~ll be paid at closlng of this Contract.
E. PI~ACE O~ CLOSING: Closing shall be held ~n the county where Real Property is located, at the office of the attorney of the
Buyer
P. TIM~: In computing time periods of less than s~x (6) days, Saturdays, Sundays and state or national legal holidays shall be
excluded. Any time periods provided for here/n whlch 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 ~n th~s Contract.
G. DOCt~4ENTS POR C~OSiNG: Buyer shall furnish deed, owner's possession affidavit, correct,ye ~nstruments, and closing statement.
H. EXP~NSES: Recording of corrective instruments shall be paid by Sel.er; recording of deed shall be paid by Buyer. Unless
otherw!se provided by law or rider to th~s 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
I. SPECIAL ASSESSMENT LI~S: Cert~fled, confirmed and ratified speclat 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
substantlally completed as of Effective Date, any pending lien shall be considered as certlfled, 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
J. 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, to~ether with either
the 3% or any lnsurance proceeds payable by virtue of such loss or damage, or of canceling Contract and recelv~ng return of
deposit(s)
K. 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 t~tle 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 falls to timely cure the defect,
all deposit(s) shall, upon wrmtten demand by Buyer and within ~ 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 falls to make tmmely demand for refund, Buyer shall take tmtle as ms, wamvlng all rights against Seller as
to any intervening defect except as may be available to Buyer by vmrtue 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 ref~nancmng, requirements of the lending
as to place, time of day and procedures for closmng, and for disbursement of mortgage proceeds shall control over contrary prov~smon
in this Contract. Seller shall have the right to require from the lendmng institution a written commitment that it will not withhold
dmsbursement of mortgage proceeds as a result of any title defect attributable to Buyer-mortgagor. The escrow and closing procedure
required by thms Standard may be waived if title agent ~nsures adverse matters pursuant to Sectmon 627 7841, F.S , as amended
L. EBCROW: Any escrow agent ("Aqe~t") recelvmng funds or equivalent is authorized and agrees by acceptance of them to deposit
them promptly, hold same in escrow and, subject to clearance, disburse them in accordance with terms and condltlons of Contract.
Failure of clearance of funds shall not excuse Buyer's performance If in doubt as to Agent's dutmes or liabilities under the
provmslons of Contract, Agent may, at Agent's option, continue to hold the subject matter of the escrow until the partmes hereto
agree to its disbursement, or untml a Judgment of a court of competent jurisdiction shall determine the rights of the partmes or
Agent may deposit with the clerk of the circuit court having jur~sd~ctmon of the dispute Upon not~fymng all partmes concerned of
such actmon, all lmabillty on the part of Agent shall fully termmnate, except to the extent of accounting for any items prevmously
delivered OUt of escrow. If a licensed real estate broker, Agent w~ll comply with provlsmons of Chapter 475, F.S , as amended. Any
suit between Buyer and Seller where Agent ~s made a party because of acting as Agent hereunder, or in any suit wherein Agent
interpleads the subject matter of the escrow, Agent shall recover reasonable attorneys' fees and costs incurred with these amounts
to be pa~d from and out of the escrowed funds or equivalent and charged and awarded as court costs mn favor of the prevailing party.
The Agent shall not be liable to any party or person for mmsdel~very to Buyer or Seller of items subject to this escrow, unless such
mmsdellvery ms due to willful breach of Contract or gross negligence of Agent.
M. ATTOI~EY FEES; COSTS: In any lltlgat~on, ~nclud~ng breach, enforcement or lnterpretat~on, arising out of thms Contract, the
prevailmng party in such litmgatmon which, for the purposes of th~s Standard, shall mnclude Seller, Buyer, and any brokers acting
in agency or nonagency relationships authormzed by Chapter 475, F.S., as amended, shall be entitled to recover from the non-
prevailing party reasonable attorney's fees, costs, and expenses
N. FAILURE OF PERFORMANCE: If Buyer falls to perform thms Contract within the time spec~fled (~ncludlng payment of all
deposit(s)), the deposit(s) paid by Buyer and deposit(s) agreed to be paid, ~y be recovered and retained by or for the account of
Seller as agreed upon l~qu~dated damages, cons~deratmon for the execution of this Contract and ~n full settlement of any claims;
whereupon, Buyer and Seller shall be relmeved of all obllgat~ons under Contract, or Seller, at Seller's option, may proceed ~n equity
to enforce Seller's rmghts under this Contract. If, for any reason other than failure of Seller to make Seller's t~tle marketable
after diligent effort, Seller fails, neglects or refuses to perform thms Contract, the Buyer ~y seek speclfic performance or elect
to receive the return of Buyer's deposmt(s) without thereby wamvlng any action for damages resulting from Seller's breach.
O. CONTT~%CT NOT RECOP~D;tBLE; PERSONS BObg~D; NOTIC~E: Neither thms Contract nor any notmce of it shall be recorded in any publmc
records. This Contract shall bmnd and inure to the benefmt of the parties and their successors ~n interest Whenever the context
permits, singular shall mnclude plural and one gender shall Include all. Notmce given by or to the attorney for any party shall be
as effective as if g~ven by or to that party
P. C01~'VEYANC~: Seller shall convey title to Real Property by warranty deed, subject only to matters contained ~n
and those otherwise accepted by Buyer Personal Property shall, at request of Buyer, be transferred by an absolute bmll of sale wmth
warranty of tmtle, subject only to such matters as may be otherwmse provmded for herein
Q. OTHER A~'~4~NTS: NO prmor or present agreements or representations shall be binding upon Buyer or Seller unless mncluded in
this Contract. No mOdlfmcatlon or change in this Contract shall be valmd or u~nd~ng upon the parties unless mn writing and executed
by the party or parties intended to be bound by it
R. WARRANTIES: Seller warrants that there are no facts known to Seller matermally affecting the value of the Property whmch are
not readily observable by Buyer or whmch have not been dmsclosed to Buyer.
LEASE
THIS LEASE, is made by and between CITY OF DELRAY BEACH, hereinafter
called "Landlord," whose address is 100 N.W. First Avenue, Delray Beach,
Florida 33444, and
, hereinafter called "Tenant."
W I T N E S S E T H:
In consideration of the faithful performance of all covenants,
agreements and conditions herein contained, on the part of the Tenant to
be kept, done and performed, the said Landlord does hereby lease to the
Lessee the following described property:
Single family residence located at
, Delray Beach, Florida.
its "as is" condition.
Said property to be in
TO HAVE AND TO HOLD the same until November 1, 2002, at no rent.
Further, provided that in the event the Tenant has entered into a lease
with the School Board of Palm Beach County on or prior to November 1,
2002, which lease is acceptable to the School Board of Palm Beach County
and provides for the Tenant's right to continue to occupy the premises
after the conveyance of the property by the Landlord to the School Board
of Palm Beach County, the Tenant shall have the right to continue
occupancy after November 1, 2002, under the Lease with the Landlord until
the earlier of: December 1, 2002, or the conveyance of the subject
property by the Landlord to the School Board of Palm Beach County.
NOTICE TO TENANT (Pursuant to Chapter 83, F.S.)
A. Landlord designates SUSAN RUBY, ESQ., of the City Attorneys'
Office, 200 N.W. First Avenue, Delray Beach, FL 33444, as the person
authorized on its behalf to receive all notices and demands of Tenant.
THE TENANT FURTHER COVENANTS AND AGREES AS FOLLOWS:
1. Not to use or permit to be used the premises for any illegal,
immoral or improper purposes.
2. Not to make or permit any noise, disturbance or annoyance
whatsoever detrimental to the premises or to the comfort and peace of
neighboring residents.
3. The parties agree that the premises, including lawn and
plantings, and pool (if applicable), shall be continuously maintained in
good condition by the Tenant, including but not limited to air
conditioning and heat, appliances and/or appliance service contract,
interior pest extermination (if desired), lawn & plantings, lawn pest
control, building exterior, building interior, pool and equipment/pool
service, and that the obligation and cost of maintenance shall be borne
by the Tenant.
4. All charges for utilities services during the term of this
Lease, including but not limted to electric, telephone, gas/fuel, sewer,
water, and refuse collection, shall be payable by the Tenant.
5. The Tenant assume full and complete risk of loss and injury to
themselves and others which may result from the occupancy of the subject
premises pursuant to this Lease and in consideration of such tenancy, the
Tenant agrees to indemnify, save, and hold the Landlord harmless from any
and all liability, costs, claims, expenses, or damages of whatsoever
nature including defense costs, attorneys' fees, and administrative
costs.
6. Tenant shall deliver up possession of the premises at the end
of the term in as good condition as they now are, ordinary wear and tear
excepted; Tenant acknowledges prior inspection of the premises and finds
same to be in good condition except as hereinafter noted.
7. Tenant agrees that Landlord shall have the right, upon
reasonable notice, to inspect the premises and to show the premises to
prospective Tenants or Purchasers.
8. Tenant agrees to pay the cost of repairing any and all damage
to the premises occasioned by Tenant or any other party during the term
of this Lease, including the cost of removing foreign substances from
toilets and sinks.
9. Tenant covenants and agrees that the premises shall not at any
time be occupied by more than one family or persons without
written approval of the Landlord.
10. DEFAULT: Tenant's default in the performance of the covenants
and conditions hereunder shall immediately constitute Tenant as a tenant
at sufferance and, in such event, Tenant waives all right of notice to
vacate said premises, and the Landlord shall be entitled to re-enter and
retake possession of the premises immediately and without liability for
such action.
11. Tenant agrees to pay all court costs and reasonable attorney's
fees which may be paid or incurred by Landlord or Landlord's agent
enforcing the covenants, conditions, agreements and obligations of this
Lease in the event of Tenant's default hereunder.
12. This Lease contains the entire agreement of the parties and
supersedes any and all prior agreements between them. This Lease shall
be binding upon the benefit of the parties, their Personal
Representatives, successors and assigns.
13. Tenant shall not assign the Lease, or sublet the premises or
any part thereof, or permit the premises or any part thereof to be used
or occupied by anyone other than Tenant or members of Tenant's immediate
family, without the prior written consent of Landlord.
14. Tenant is hereby prohibited from makin9 any improvements to the
subject real property other than pursuant to its repair and maintenance
and obligations as described herein and in the event a Claim of Lien
shall be recorded against the subject property as a result of any of
Tenant's actions and such Lien shall not be discharged of record within
ten (10) days thereafter, the Tenant shall be deemed to be in default
pursuant to the terms of this Lease.
IN WITNESS WHEREOF, the parties hereto have executed this Lease the
day and year first above written.
BY SIGNING THIS RENTAL AGREEMENT THE TENANT AGREES THAT UPON SURRENDER
OR ABANDONMENT, AS DEFINED BY THE FLORIDA STATUTES, THE LANDLORD SHALL
NOT BE LIABLE OR RESPONSIBLE FOR STORAGE OR DISPOSITION OF THE TENANT'S
PERSONAL PROPERTY.
WITNESSES:
As to Landlord (2 required)
CITY OF DELRAY BEACH
Printed Name:
Title:
As to Tenant (2 required) TENANT:
CONTRACT FOR SALE AND PURCHASE
PARTIES: MONITA LINDOR, ("Seller"), of 225 NW 23rd Avenue, Delray Beach, FL 33445,
(Phone: 265-3653), and the CITY OF DELRAY BEACH, a Florida municipal
corporation, ("~") , of 100 N W. 1st Avenue, Delray Beach, FL 33444 (Phone:
561-243-7000), hereby agree that the Seller shall sell and Buyer shall buy the
following described Real Property and Personal Property (collectlvely "~")
upon the following terms and condltions, which INCLUDE the Standards for Real
Estate Transactions ("~LA~r~!") on the reverse side hereof or attached hereto
and riders and any addenda to th~s Contract for Sale and Purchase ("Contract") .
DESCRIPTION:
(a) Legal description of the Real Property located in Palm Beach County,
Florida:
A portion of Lots 10 and 11, Replat of Part of Breezy Ridge Estates,
according to the ma£ or plat thereof as recorded in Plat Book 24,
Page 116, Public Records of Palm Beach County, Florida
Beginning at the Northeast corner of Lot 11; thence South
09°30'30"West, along the East line of said Lot !1, a distance of
120.00 feet; thence North 80°29'30"West, 120.00 feet; thence North
09°30'30"East, 101.60 feet; thence South 89°12'30"East along the
North line of said Lot 10, a distance of 121.40 feet to the Point of
Beginning.
Property Con=rol No.:i2-43-46-18-02-000-0102
(b) Street address, city, zip, of the Property is: 225 NW 23rd Avenue,
Delray Beach, Florida
II. PURCF~ASE PRICE:
PAYMENT
Deposit(s) paid wlthin three (3)
business days following the Effective
Date of this Contract, to be
held in escrow by Robert W. Federsplel,
P.A. Trust Account in the amount cf
$ 1,000.00
(b)
Balance to close (U S. cash, attorney trust
account check, LOCALLY DRAWN certified or
cashier's check, or wire transfer) subject to
adjustments or proration
Total
S~.OOO_OD
$~69,000.00
Iii.
TIM]~ FOR ACCEPTA/~CE; EFFECTI%~E DATE; FACSIMILE. If this offer is not
executed by and de!lvered to all parties OR FACT OF EXECUTION communicated
in writing between the parties prior to such offer being withdrawn by the
first party signing, the deposit(s) wi!l, at Buyer's option, be returned
and this offer wlthdraw%n The date of Contract ("Effective Date") wlll be
the later of the da~e when the last one of the Buyer and the Seller has
signed this offer or the date the Cl~y Commission of the City of Delray
Beach approves thls Contract A facslm!le copy of this Contra~t and any
signatures thereon shall be considered for all purposes as orlglnals.
IV.
TITLE EVIDENCE: At least 30 days from the effective date, (CHECK ONLY
ONE): ~Seller shall, at Seller's expense, del~ver to Buyer or Buyer's
attorney; OR ·Buyer shall at Buyer's expense obtain (CHECK ONLY ONE):
Dabstract of title or ·title insurance commitment (with leglble coples
of instruments listed as exceptions attached Thereto) and, after closing,
an owner's policy of title insurance.
Vo
CLOSING DATE: This transaction shall be closed and the Warranty Deed and
other closing papers delivered on the second Wednesday following the
expiration of the feasibility study perlod as provided for in Section
XI(A), unless modified by other provisions of Contract.
vi.
RESTRICTIONS; EASEMENTS; LIMITATIONS: Buyer shall take title subject to:
comprehensive land use pla. s, zoning, restr!ctions, prohibitions and other
requirements imposed by governmental authority; restrictions and matters
appearlng on the plat or otherwise common ~o the subdivision; public
utility easements of record (easements are to be located contiguous to
Real Property lines and not more than 10 feet in width as to the rear or
front llnes and 7-1/2 feet in width as to the slde lines, unless otherwise
stated herein); taxes for year of closing and subsequent years; assumed
mortgages and purchase money mortgages, if any (if additional items, see
addendum); provided that there exists at closlng no violation of the
foregoing.
VII.
OCCUPANCY: Seller warrants there are no parties in occupancy other than
Seller. Seller shall deliver occupancy of Property to Buyer at time of
closing unless otherwise stated here~n. If occupancy is to be delivered
before closing, Buyer assumes all r~sk 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.
VIII. TYPEWRITTEN OR HANDWRITTEN PROVISIONS: Typewritten or handwritten
provisions, riders and addenda shall control all printed provisions of
th!s Contract in conftlct with them.
IX.
ASSIGN;tBILITY: (CHECK ONLY ONE): Buyer (!) · may assign and thereby be
released from any further liablllty unde_ ~hls Contract; Dmay assign but
not be released from liablllty under this Contract; or ~may not assign
this Contract.
XI.
DISCLOSURES:
(a) Radon is a naturally occurring radioactive gas that, when
accumulated in a building In sufficient quantities, may present
health risks to persons who are exposed to it over tlme. Levels of
radon that exceed federal and state guidelines have been found in
buildings in Florida. Additional information regarding Radon or
Radon testing may be obtained from your County Public Health unit.
(b) Buyer may have determined the energy efficiency rating of the
residential building, if any is located on the Real Property.
SPECIAL CLAUSES; ADDENDA: If additional terms are to be provided,
attached addendum and CHECK HERE ..
CITY OF DELRAY BEACH
By:
Tax ID No. 59-6000308
Date Monlta Lindor
Social Security __ __
Deposit(s) under Paragraph II (a) received; IF OTHER THAN CASH, THEN SUBJECT TO
CLEARJtNCE: ROBERT W. FEDERSPIEL, P.A
By:
ADDENDUM TO COArTP. ACT FOR SALE AND PURCF~ASE
SELLER:
MONiTA LINDOR
BUYER:
CITY OF DELRAY BEACH, a Florida municipal corporation
PROPERTY ADDRESS:
225 NW 23rd Avenue, Delray Beach, FL 33445
XI. SPECIA~L CLAUSES; ADDENDA (Continued)
A. The Buyer shall have twelve (12) buslness days following the approval
of this contract by the City Commlsslon as set forth In P~ below within
which to conduct any and all feaslbi!ity studies and determinations relative to
the sultabi!lty for the acquisition of the subDect 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 scle discretion, whereupon
Buyer shall receive a full refund of ail deposlt monies paid hereunder. Buyer
shall be granted reasonable access to the premises tc conduct such feasibility
studies and determinations, including environmental assays, core drilling,
surveys, soil sampling and other such testlng.
B. This Contract is expressly contingent and conditioned upon the
approval of the same by the City Commission of the City of Delray Beach within
fifteen (15) business days from the date the Seller signs this Contract, and this
Contract shall expressly not be deemed an "offer" by the Buyer for any purpose
unless and until the said City Commission shall have approved and accepted said
Contract in open session. If this Contract is not approved by the City
Commission of the City of De!ray Beach within flfteen (15) business days from the
date the Seller signs this Contract, then thls Contract will be null and void and
of no further force or effect.
C. This purchase is in lleu of eminent domain. The parties believe that
this transaction is exempt from documentary stamp tax pursuant to Fla. Admin.
Code Ann. r. i2B-4.013, however in the event the obligation for documentary stamp
~ax is determined and assessed, the Seller agrees to be responsible for the same
and to indemnify, save, and hold the Buyer harmless for such taxes.
D. Early Closing: Notwithstanding the provisions set forth in Section V
of the Contract, Sellers elect to close fifteen (15) business days following =he
date of delivery to the Buyer of the executed Contract and a copy of all mortgage
account informatlon relative to any mortgages Seller may have on ~he subject
property.
Seller hereby acknowledges that they have dell ered the executed Contract for
Sale anj~r~a~e and pr~_~d the mortgage pa.vment information on
of/ / &'~'~A'- , 2002.-&~'/'
IIf you wish to elect Uhls early closing option, please
initial here:
E. Purchase Price Adjustment: The Buyer hereby agrees that in the event
~t shall have entered into any voluntary contract outslde of eminent domain for
the purchase of another property w~thln the Breezy Ridge Estates subdivlslon
prior to the closing of th~s purchase and sale and such other contract would
provide a purchase price as defined In Article II. of ~he Contract for Sale and
Purchase which is greater than thirty percent (30%) above the appraised value of
such other property according to a bonaflde appraisal acceptable to the Buyer
(the "Other Contract") , the Buyer shall increase the purchase price for the
property which ~s the subject of this Contrac~ to reflect the same percentage
variance above appraised value agreed to be pald ~n such Other Contract.
F. Property Excluded: The following appliances, improvements, and
fixtures loca=ed in or on the sub3ec~ property are hereby excluded from the sale
and will be removed when we vacate the premises:
-- _ - - _
G. Pos=-Closing Occupancy: The undersigned Sellers hereby elect to
continue to occupy the property after closing as a Tenant under a lease agreement
with the Buyer to be signed at c_gsing in form substantially as attached hereto,
which lease will provide for the right to occupy the premises until November I,
2002, at no rent. Further, provided that in the event the undersigned Seller has
entered into a lease with the School Board of Palm Beach County on or prior to
November 1, 2002, which lease is acceptable to the School Board of Palm Beach
County and provides for the Seller's right to continue to occupy the premises
after the conveyance of the property by the Buyer to the School Board of Palm
Beach County, the Seller shall have the right to continue occupancy after
November 1, 2002 under the lease with the Buyer until the earlier of: December 1,
2002, or the conveyance of the subject property by the Buyer to the School Board
of Palm Beach County.
If you wish to elect th~s post~closing occupancy
option, please initial here:~/~/~
H. Relocation Benefit: The Buyer hereby acknowledges that if the
subject property is occupied as of the date of closing, the occupant will receive
a relocation benefit In the amount of One Thousand Five Hundred Dollars
($1,500.00), to be paid by the Buyer to the occupant upon the occupant vacating
the subject property.
BUYER' S INITIALS:
SELLERS' INITIALS:
STA/~DARDS FOR REAL ESTATE TRANSACTIONS
A EVIDENC~ OF TITLE (1)An ab~trac- ~ ---~ prepares Or urcug-= current %. a reputab.e and ex~stln~ abstract f.rm l~ net
exlstlng then certlf~e~ as correct By an e)..st_~ f~r~) purport.n~ to be ar acc_rate r:n~ps.s of the l~stru~e~ts a~ect.n~
to Rea! Property recorded in the publ:c records of the county where.t ~eal Propert _s .ocated, through Bf~ectlve Date It sha.i
com~ence with the earlzest public records, ~r such la,er date as ma} ~e c~stom~r¢ in c~e robot,' Upon closln~ cf this C~ntrac%
abstract shall become the propert? of Buyer sLD~ec~ tc the right Of retent~on theresf by flrst mort]agee an[Il fuli¢ palo 2
Buyer, an owner's policy of ti=!e insurance ~ ~he amount o~ %he purchase ~rlce, .nsurlng Bayer's title tc Real Property,
o~ly tc ilens, encumbrances, exceptions or quailflcas_cn pro'.-i=eo .n =bls Con~ract ann ~hose which shall De slscharged by Seller
a[ or before closing Seller shall convey a marnetaDie tltle s~b]ec[ cnlf to llens encumbrances, exceptions or qua!iflcatlons
forth ~n Contract Marke[abie title s~ali be de=e~lned accordln~ to apR!ingle Tltle S~andards adopted by a~[norlty of The Flor~aa
Bar a~d in accordance wz=h law Buyer shall have 30 =ays, if aDs=rac~, or 5 days, _f t~tle co~l=men=, from date of recelvlng
evlde~ce of tltie %o examlne 1~ if title 1s found defectlve, Buyer s~a!l, wl=~&~ 3 days thereafter, ~o=lfy Seller in wrltlng
sDec:fy~ng defect(s) If t~e cefec=(s) render =~ule unmarketable, Seller w~li have 30 days from rece~p~ of not,ce =o remove the
=elect(s), fa~l~ng whlca Buyer shall, w~thzn flve (5~ days after ex~lra%~on of %he tn.rtl (30) day 9erlod, =ei~ver wrlt%en
~o Seller e&zher (!) extendlng the time for a reasonable per,cc ncc =o exceeC 120 aa/s w~thln which Seller shall use dii!gent effor~
5o re~c%e the defects, or (2}requesting a refund cf Geposlt(s] pal= .~ic~ s~all ~mmecla=e?. De resumes =o B_.'er if Buyer falls
=o so no=fly Seller, Buyer shall be deemed to have acc=Tied ~he =~tle as ~t t~en !s Seller sna!l, ~f =~le ~s fount un~rke~able,
use a~ilgent effor~ ~o correct defect(s) in t~!e w~ ~ ~he =:me 9rcv~ed therefor if Seller ls unable tc =~!y correct
de~ects, Buyer shall e~=her wa~v~ the de~ects, cr receive a refund cf aepos~t(s), =hereby reieaslng Buyer and Seller ~rom all further
obllga~&on unOer th&s Contract
B. S~Y. Buyer, at Buyer's expense, wlthln tlme allowed to deilver evldence of tltle, ~y have Real Proper~y su~;eyed and
certlfled Dy a registered F!or~oa su~eycr if the survey clscloses encroach~n~s cn 5he Real Property or =hat ~mprovements !dca=es
thereon e~croach o~ setback lines, easements, lands of others, or violate any res~rlc=~O~S, Contract covenants or app!lcable
~over~tat regulation, the same shall conssl~ute a ~ltle defect
C IN--SS ~ EG~SS: Seller warrants and represents ~ha~ =here Is :ngress ann egress ~o the Real Proper=} suff~clen: for ~he
ln=ende: u~e as descrlbed in ~ara~a~h VI nerecf. :::le ~o w~ich _s in acccrdance wl:n S~andard A
D. LI~S: Seller shall fu~sh :o Buyer a~ ::me of cioszng an ~'-
a ....avl~ a~testlng to =he aDse~ce, ~nless otherwise provlded for
herein, of any flnanclng s~ate~n=s, claims of !len or po~entlai !lenors kno~ to Seller and fur=her at~es=l~9 :~at there have been
nc l~rovemen=s or reDalrs %c Property for 90 days lmmecla=e!y precedln~ date of closlng if Property has been lmproved, or repalre~
w:thln :~a~ tl~, Seller shall de!lver releases or walvers of mecha~lcs' ile~s eAecu%ec Dy all general con=ran=ors, subcontractors,
s~con=rac=ors, suppllers and ~terlalmen and ~ar=her af~lrTing =%a5 all charges for i~provememts or repalrs w~lch co.lc ser'~e as
a DasLs for a mechanic's llen or a claim for damapes nave been pa~d or wlll be pald a= closlng of =bls Con:ran:
~ P~C~ OF CLOSING Closing s~all De held ~n =ne county where Real Property ~s located, a= =~e office of :he a~=orney of the
Buyer
P. T~: In co~u~lng =~me per%ods of less ~han ~x {6; days, Sazurdays, Sundays and state or na=lona! legal ho!lday~ shall be
excluded ~ny =lme per~ods provided for hereln which shall end on Saturday, Sunday or legal hol!day shall extend %o 5 00 p m of
=~e ~ex5 b~sl~ess day Tzme zs of :he essence ~n =bls Con,ran:
G. ~S FOR CLOSING: Buyer shall f~rnlsn deed, o~r's possesslor ,fflaavlt, corrective znstrumen=s, ann closzng
R. EXPOSES. Recordln~ cf correctzve =nst~men=s shall be pa,c by Se. r, recoraln~ of deed shall be Dasd by Buyer Unless
::~er,lse provided by law or rlder ~o :~ls Con, ran:, char~es fcr :ne ~ollc,.-~g related :l:le services, namely :1[le or aDs:rant
charge, :l:ie examl~atlo~, a~d se~tle~ ann closlng fee, shall De ~alc by :he par~V responsible for fur~=shlng :he :!:le ev!dence
! SPECI~ ~SESS~ LI~S: Cer=Iflec, confl~ec and ra%Iflec speclai assessment llens as of da~e of closlng .not as of Effecslve
Da:e} are :o be paid by Seller Pending llens as o~ daue cf c!osln~ shall be assumed Dy Buyer If =he Improvement has been
s~stan~iai!y Completed as of Ef~ectlve Da=e, an? pencln~ ilen shall De conslderec as certlfled, confl~ed or ra=lfled and Seller
shall, at closing, be char~ed a~ a~u~ e~a- ~c =ne las= estimate cf assessment ~or =he lmprovemen~ by =he ~u~!lc body
cf =he assessed valuation of =he Property' so damapec cost of res~ura~on shall De an obllpatlon of =he Seller and closlng shall
K. ~ROCEZDS OF SAL~, CLOSING ~ROC~Z T%e ~ee~ shall De recorOed uDcn clearanc~ o~ funds I~ an abstract o~ t~le has been
repa~n~ent, Buyer shall return Personalty and ~acate Real Propert~ and recon-Jey t~e Property to Seller by spec:al warranty Geed and
b~!l of sale If Buyer falls tO make timely demand for refunc~ Buyer shall ~aKe ~t.e as is, waiving all r~gh~s agalns~ Seller as
to any Intervening defect except as may be a%allaDie to Buyer oh virtue of warrant:es contained In the deed or b.ll of sale If a
portlon cf the purchase price is to be derlveo from IPst.tuclonal flnanclng or reflnanc~ng, regulrements of the lending ~nstlt~on
as to place, time of day and procedures for c!cs~n~, and for dlsb~rse~ent of mortgage proceeds shall control over contrary pro"lslcn
%n thls Contract Seller shall have the rl~n% to req~Ire from the ~endl~ .~stltutlon a wrltten corr~n%tment that it wlll not wltkhold
d~sbursement of mortgage proceeds as a res~!t of any t~tle defect attrlbutaDle to Buyer-mortgagor The escrow and clos.n9 procedure
regulred by ch:s Standard may be walved if title agent ~nsures adverse matters pursuant to Sectlo~ 627 7841, F S , as amended
ESCROW: ;thy escrow agent ("A~.n-") recelvlng funds or equivalent Is authorlzec and agrees Dy acceptance of them to deposit
them promPtly, hold same In escrow and, suspect to clearance, disburse =hem In accordance wlth ter~s s~d condltlons of Contract
Failure of clearance of funds shall ~ot excuse Buyer's perfo:-nance If in doubt as to Agent's duties or ilabl!ltles under the
provlszons of Contract, Agent may. at Agent's option, contlnue tc hold the subject matter of the escrow untll the ~artles hereto
agree to its dzsbursement, or until a Judgment of a ccur= of competen~ ]urlsdzctlon snall detel'mzne the rights of the partles or
Agent may deposlt wzth :he clerk of the clrcuzt court havzng 3urlsdlc~zon of the dlspute Upon notlfyzng all parties concerned of
such actzon, al! !labzilty on the part of Agent snalI fully termlnate, exce~= ~o the extent of accountln9 for an? Items prevlously
dellvered out of escrow if a lzcensed real estate broker, Agent wzl! comply w~th provlszons of Chapter 475. F S , as amended A.ny
su~t between Buyer and Seller where Agent ls mace a party because cf actlng as Agent hereunder, or In any sult wnereln Agent
1nter~lea~s the sub]eot matter of the escrow, Agen~ stall recover reasonable attorneys' ~ees and costs lncurred wlth :hess amoun:s
to be pald from and out of the escrowed funds or egulval. ~i and chargec and awarde= as court costs in favor of the preys:lin9 party
The Agent shall not be liable to any party or person for m&sdellve.'-y to Buyer or Seller of lte~ subject to th!s escrow, unless such
mzsdelzvery ls due to wlllful breach of Contract or gross negllgsnce of Agent
M. AT~ FE~S; COSTS: in any lltlgatlon, lncludlng breach, enforcement cr lnte.-'preta=lon, arlszng out Of thzs Contract, =he
prevallzng party in such lltlgatzon which, for the purposes cf tnzs Standard, shall &nclude Seller, Buyer, and any brokers actLng
In agency or nonagency relatlonshlps authorized by Chapter 475, ? S , as amended, shall be entltled to recover from the non-
prevalllng party reasonable attorney's fees, costs, and expenses
N FAILLrRE OF PE~PORF~C~: If Buyer falls to perfo.'~ thls Contract within the time speclfled (~ncludlng payment of all
deposit(s)), the deposlt(s) paid by Buyer and deposit(s) agreed to be pa~d, m~y De recovered and retained by or for the account of
Seller as agreed upon liquidated damages, conslcerat!on for the execution of tn&s Contract and In full settlement of any claims,
whereupon, Buyer and Seller shall be relieved of all co!:gat:ons under Contract, or Seller, at Seller's optlon, may proceed In equlty
cc enforce Seller's rights under thls Contract If, for any reason other than fa&iure of Seller to make Seller's tltte marketable
after diligent effort, Seller falls, neglects or re~uses to perform thls Contract, the Buyer may seek speclf&c performance or elect
Co receive the return of Buyer's deposlt(s) without thereby walvlng any actlon for damages resulting from Seller's breach
O. CON--CT NOT R~CORD~BLE; PERSONS BOUND; NOTICE: Nezther thls Contract nor ary notice of it shall be recorded In any puml~c
records Thls Contract shall band and ~n~re to the benefit of tne parties and thelr successors in interest Whenever the context
peznnlts, singular shall include plural and one gender shall include all Notlce g~ven by or to the attorney for any party shall be
as effect:ye as if g~ven by or to that party
P. CONVeYANCe: Seller shall convey title to Real Property by warranCy deed, subDect only to matters conta:ned in D&r&o~a~h VT_
and those otherwlse accepted by Buyer Personal Property shall, at re~aest of Buyer, be cransferred by an absolute bill of sale w~th
warranty of ticle, subject only to SUCh matters as may be otherwise prc~ded for hereLn
Q. OT~R AGR~S. No prior or present agreements or representations s%~ll be binding upon Buyer or Seller unless included in
thls Contract No modlflcat~on or change :n thls Contract shall be valid or _nd!rig upon the part.es unless In wr!tlng and executed
by the party or part,es Intended to be bound by It
R. WA~IES. Seller warrants that :~ere are no facts known :o Seller materlal!y affectlng the value of the Property which are
ncc readily observable by Buyer or which na'.e nc: peen disclosed to Buyer
STA/TDARDS FOR R~AL ESTATE TRANSACTIONS
A. EVIDENC~ dP TITLE- (1)An am~r~a~- ~ - ''~ orepared Or brought c~rrert sv a repdtaDie and existing abstract f~r~ ~zf nc%
exlstlng then certlfled as correct Dy an e):Istlng tlr~; p~rpcrtlng ~o be an accurate s,,nops_s of ~he instruments affect_~g
to Real Property recorded in the public records of 5he coun[%' wherein Rea! Propert~ -s iocatec, through Effective Date it shall
commence with the ear!les~ public reccrcs or SUCh -ater date as ma}, be customar/ l~ 5-e count/ Upon closln~ o~ th.s Contract the
abstract shall become the property Of Buyer sunqecs_ ~o ~ne rloht_ of retention thereof ~:~" flrs[ mortgagee ~ntll full/ polo 2
~ ~.-~ ~:ra~ o~r~enr Issued Dy a Flor_da ilcensed tltle insurer agreei~ tc .ssue to Buyer, ~pon recording of the deec to
Buyer, an owner's policy of title .nsurance .n the amount cf the p~rc~ase price, l~s~rlng BLyer's title to geal Property, sub,eot
only to lle~s, encumbrances, exceptions or qualIflcac.on prcvlded in this Co.tract an= those which shall ~e dlschargec dy Seller
at or before clos~n~ Seller shall convey a marketable tltie subDec= only to llens enc~t~Dra~ces, exceptions or quallflcatlcns set
forth in Contract Marke=able title shall be determzneC acccrolng to appilcaDie Title Standards adopted by authority of The
Bar and in accordance wlth law Buyer shall nave 30 days if abstract, or 5 =ays, _f tltle com~n/=ment, from date Of
evldence of tltle to examine it if title is fOUnd defective, Buyer shall, *itnlr 3 days thereafter, notlfy Seller in wrltlnS
specifying defect(s) If the defect(s) renaer title unmarketable, Seller ~ill have L0 days from receipt of not.ce to remove the
oefect(~), falling whlch Buyer shall, w~th_n flve [5} days after expiration of the tnlrty {30) day perlod, oellver wrltCen notlce
co Seller elther (I) extendlng the tlme for a reasonable per,dc not to exceed !20 oafs w!tnln which Seller shall use diligent effort
tc remove the defects, or (2) re.o%/estln~ a refunc of oeposlt{s) pald which shall l~eclately be returned to Buyer If Buyer fails
to sc noilly Seller. Buyer shall be deemec co have acc~ruec the title as it then is Seller sba!l, ~f tltle is found unmarketable,
=se dlllgent effort to correct de,eot(s) in title wlt - the tlme provided therefor If Seller ls unable to timely correct the
defects, Buyer shall either walve the defects, or recezxe a refund of deposit(s), tnereoy re!easlng Buyer and Seller from al! further
obligation under th!s Contract
B. SL~VEY: Buyer, a= Buyer's expense, wlthln time allowed to deliver evldence cf :l%!e, may have Real Proper=y su.--veyed abc
certlfled by a registered Florida su.~veyor If =ne su.--vey dlsc!oses encroachments on 5ne Real Property or that Improvements located
thereon encroach on setback llnes, easements, !ands of others, cr vlclate a-y restrlc~lons, Contract covenants or app!icable
~over~ment&l regulatlon, the same shall constltu~e a title defect
C. INGRESS AND EGRESS: Seller warran5s ant represents that =here ls ~ngress and egress ~o the Real Property suf~lclent for the
intended use as described In Pa~&gra~h VI. hereof, title to whlch ls I~ accor=ance .ith S~andard A
D LIENS: Seller shall furnish to Buyer at t~me of closlng an affldav~t attesting to the absence, unless c~herwlse provided for
hereln, of any flnanclng statements, cialms of llen or poten~lal llenors known to Seller and fur=her attes~lng that ~here have been
no Improvements or reDa=rs to Property for 90 days lmme¢:ately preceding date of closing If Property has been ~mproved, or repa~reo
~l=hln 5hat tlme, Seller shall deliver releases or walvers of mechanlcs' llens executed by all general contractors, subcontractors,
suppilers, and materlalmen in adoztlon tc Seller's lien affldavlt setting forth the names of all such general contractors.
s'.Dcontractors, suppliers and materla!me~ and luff%er affl?rlng that all charges for _m~rovements or repalrs which could serve as
a Oasis for a mechanlc's ilen or a claim for =amages have beer paid or will be pa:c at closing of thls Contract
z PLAC~ OF CLOSINg: Closing shall be held In the county where Real Property is located, at the o~lce of the attorney of the
F. Ti'M~: In computing t~me per.ods of less than s~x {6) days. Saturdays, Sundays and state or national legal holldays shall be
excladec A~v time periods provlded for herein wnlcn shall end on Saturday, Sunday or legal holiday shall ex=end to 5 00 p m cf
the next buslness day Time ls of the essence zn this Contract
G DOC%IM~NTS FOR CLOSING: Buyer shall fur~ls~ deed, ownerls possesszcr 5zfidavlt, correcclve Instruments, and c!osln~ statement
EXPENSES- Recording of corrective instruments shall be polo by S= ~r, recoralng of deed shall be paid by Buyer Unless
Dinerwzse provided by law or rlder tc thls Ccn~ract. charges for the fol-- lng related title ser%.lces, ~amely title or aostrac~
cnar~e, title examlnatlon, and settlemen~ and closing fee, shall be Paid by the party responsible for furnlshlng the title evidence
.r accordance wlth ~&r&~ra~h IV
i SPECIAL ASSESSMENT LIENS Certlf~ed, confEr'nee abc ratlfzeo special assessment liens as of ~ate of closing (not as of Effective
Date% are to be pald by Seller Pendlng liens as of date of closing shall be assumed by Buyer If the improvement has been
substantially completed as of Effective Date, ar}, pending !=eh shall be considered as certlf:ed, conflrmed or ratlfled and Seller
snail at closln~, be charged an amount equal to the last estlmate of assessment for the improvement by the pub!lc body
J RISK OF LOSS- If the Property is damaged b> flre or other casua!t? before closln~ and cost of restoration does not exceed
cf %he assessed valuation Of the Property so damaged cost of restoration shall be an obilgatlon of the Seller a~d closing shall
proceed pursuant to the ter~s of Con=tact wl~h restoratlon COSts escrowed at closing if the cost of restoration exceeds 3% of the
assessed valuation of the ImProvements SO damagec Buyer shall have the OptlO~ of eltner ~aklng Property as ls, together with either
t-e 2% or an':, insurance proceeds payatle Dy .true of s~or loss or damage or C: canceling Contrac~ abc recelvlng return of
~eDCSlt%S)
K PROCEEDS OF SALE, CLOSING PROCEDb'RE The teed shall be recorded upon clearance of funds If an abstrac~ of title has been
f.rnlsned, e'.Idence o~ title shall be continued at Buyer's expense to show title In BLler without any encumbrances or change which
-c_.s renOer Seller's t-tie unmarketable !ro~ the date o~ the .~st evloence All j!os.-g proceeds shall be held in escrow by Seller's
bill of sale If Buyer fails :o make timely demand for refund Buyer sgai' take title as is. waiving all r:shts against Seller as
tO any znte~venlng defect except as may be ava:fable to Buyer by ~Irtue of warranties contained in the deed or bill of sale if a
as to place, tlme of day and procedures for clos&ng a~ for d. sbursement of ~ortgage proceeds shall control over contrary provis.on
L ~MCROW' Any escrow agent ("A~emr") rece:vlnS funds or equivalent is authorized and agrees by acceptance of them co
such action, all l~ab~l~ty on :he part of A~ent shall fully terminate, except tc the extent of accountln~ for any ~tems previously
delivered Out of escrow If a l&censed real estate broker, Agent will co.mpl, w~th provisions of Chapter 475, F S , as amended
The Agen~ shall not Ae l&able to any party or person for mls~e!ive~y ~0 Buyer or Seller of Items sub)eot ~o this escrow, unless s~ch
misdel~very zs due to w~llful breach of Contract or ~ross negligence cf Agent
M. ATTORNEY FE~S; COSTS: In any !~lgatIon. lnclud~n~ breach, enforcement or lnterpre:a~xon, arising out of thls Contract, the
prevailing party in such l&=~gatlon whlch, for the pu.'-poses of this Standard. shall include Seller, Buyer, and a..'%y brokers actln~
N. FAILL~RE OF PERFORMANCe: If Buyer fails to perform th!s Contract wlth~n the tln~ specified (lncludlng payment of all
deposit(si), the deposlt(s) paid by Buyer and deposlt~s~ agreed to be pa~=, may be recovered and retained by or for the account of
whereupon, Buyer and Seller shall be relieved of all obl~gat~ons under Contract, or Seller. at Seller's optlon, may proceed ~n equity
to enforce Seller's rights under =h~s Contract If, for any reason other :hah failure of Seller to make Seller's title marketable
to receive the return of Buyer's deposit(s) without ~hereby walvln~ any ac=lon for damages resulting from Seller's breach
0 CONTRACT NOT RECORD;tBLE; PERSONS BOUND; NOTICE Neither this Contract nor any notice of ~t shall be recorded in any public
Dermlts, s~ngular shall lnc!ude plural and one gender shall Include all Notice given by or to the atto.--ney for any party shall be
as effective as if ~lven by or to that party
P. CONVEYANCE: Seller s~all convey title to Real Broper=y by warranty Geed, sub]eot only to matters contalned =n Paragraph VT_
and those otherwise accepted by Buyer Personal Property shall, at request cf Buyer, be transferred by an absolute bill of sale w~th
~y the party or parties in=ended to be bound uy it
LEASE
THIS LEASE, is made by and between CITY OF DELRAY BEACH, hereinafter
called "Landlord," whose address is 100 N.W. First Avenue, Delray Beach,
Florida 33444, and
, hereinafter called "Tenant."
W I TNE S S E TH:
In consideration of the faithful performance of all covenants,
agreements and conditions herein contained, on the part of the Tenant to
be kept, done and performed, the said Landlord does hereby lease to the
Lessee the following described property:
Single family residence .ocated at
, Delray Beach, Florida.
its "as is" condition.
Said property to be in
TO HAVE AND TO HOLD the same until November 1, 2002, at no rent.
Further, provided'that in the event the Tenant has entered into a lease
with the School Board of Palm Beach County on or prior to November 1,
2002, which lease is acceptable to the School Board of Palm Beach County
and provides for the Tenant's right to continue to occupy the premises
after the conveyance of the property by the Landlord to the School Board
of Palm Beach County, the Tenant shall have the right to continue
occupancy after November 1, 2002, under the Lease with the Landlord until
the earlier of: December 1, 2002, or the conveyance of the subject
property by the Landlord to the School Board of Palm Beach County.
NOTICE TO TENANT (Pursuant to Chapter 83, F.S.)
A. Landlord designates SUSA/~ RUBY, ESQ., of the City Attorneys'
Office, 200 N.W. First Avenue, Delray Beach, FL 33444, as the person
authorized on its behalf to receive all notices and demands of Tenant.
THE TENANT FURTHER COVENANTS ~<D AGREES AS FOLLOWS:
!. Not to use or permit to be used the premises for any illegal,
immoral or improper purposes.
2. Not to make or permit any noise, disturbance or annoyance
whatsoever detrimental to the premises or to the comfort and peace of
neighboring residents.
3. The parties agree that the premises, including lawn and
plantings, and pool (if applicable), shall be continuously maintained in
good condition by the Tenant, includIng but not limited to air
conditlonlng and heat, appliances and/or appliance seI-vice contract,
interior pest extermination (if desired), lawn & plantings, lawn pest
control, building exterior, building interior, pool and equipment/pool
service, and that the obligation and cost of ma~nzenance shall be borne
by the Tenant.
4. All charges for utilzties services durzn9 the term of this
Lease, including but not lzmted to electric, telephone, gas/fuel, sewer,
water, and refuse collection, shall be payable by the Tenant.
5. The Tenant assume full and complete risk of loss and injury to
themselves and others which may result from the occupancy of the subject
premises pursuant to this Lease and in consideration of such tenancy, the
Tenant agrees to indemnify, save, and hold the Landlord harmless from any
and all liability, costs, claims, expenses, or damages of whatsoever
nature including defense costs, attorneys' fees, and administrative
costs.
6. Tenant shall deliver up possession of the premises at the end
of the term in as good condition as they now are, ordinary wear and tear
excepted; Tenant acknowledges prior inspection of the premises and finds
same to be in good condition except as hereinafter noted.
7. Tenant agrees that Landlord shall have the right, upon
reasonable notice, to inspect the premises and to show the premises to
prospective Tenants or Purchasers.
8. Tenant agrees to pay the cost of repairing any and all damage
to the premises occasioned by Tenant or any other party during the term
of this Lease, including the cost of removing foreign substances from
toilets and sinks.
9. Tenant covenants and agrees that the premises shall not at any
time be occupied by more than one family or persons without
written approval of the Landlord.
10. DEFAULT: Tenant's default in the performance of the covenants
and conditions hereunder shall immediately constitute Tenant as a tenant
at sufferance and, in such event, Tenant waives all right of notice to
vacate said premises, and the Landlord shall be entitled to re-enter and
retake possession of the premises immediately and without liability for
such action.
11. Tenant agrees to pay all court costs and reasonable attorney's
fees which may be paid or incurred by Landlord or Landlord's agent
enforcing the covenants, conditions, agreements and obligations of this
Lease in the event of Tenant's default hereunder.
12. This Lease contains the entire agreement of the parties and
supersedes any and all prior agreements between them. This Lease shall
be binding upon the benefit of the parties, their Personal
Representatives, successors and assigns.
13. Tenant shall not assign the Lease, or sublet the premises or
any part thereof, or permit the premises or any part thereof to be used
or occupied by anyone other than Tenant or members of Tenant's immediate
family, without the prior written consent of Landlord.
14. Tenant is hereby prohibited from making any improvements to the
subject real property other than pursuant to its repair and maintenance
and obligations as described herein and in the event a Claim of Lien
shall be recorded against the subject property as a result of any of
Tenant's actions and such Lien shall not be discharged of record within
ten (10) days thereafter, the Tenant shall be deemed to be in default
pursuant to the terms of this Lease.
IN WITNESS WHEREOF, the parties hereto have executed this Lease the
day and year first above written.
BY SIGNING THIS RENTAL AGREEMENT THE TENANT AGREES THAT UPON SURRENDER
OR ABANDONMENT, AS DEFINED BY THE FLORIDA STATUTES, THE LANDLORD SHALL
NOT BE LIABLE OR RESPONSIBLE FOR STORAGE OR DISPOSITION OF THE TENANT'S
PERSONAL PROPERTY.
WITNESSES:
LANDLORD:
As to Landlord (2 required)
CITY OF DELRAY BEACH
By:
Printed Name:.,.
Title:
As to Tenant (2 required) TENANT:
CONTRACT FOR SALE AND PURCHASE
PARTIES= JOHN F. DORITY and DONNA M. DORITY, his wife, ("Seller"), of 16 NW 23rd
Avenue, Delray Beach, FL 33445, (Phone: 272-4767), and the CITY OF DELRAY BEACH,
a Florida municipal corporation, {"B~Ey_~2"), of 100 N.W. 1st Avenue, Delra¥ Beach,
FL 33444 (Phone: 561-243-7000), hereby agree that the Seller shall sell and Buyer
shall buy the following described Real Property and Personal Property
(collectively "~") upon the following terms and conditions, which INCLUDE
the Standards for Real Estate Transactions ("~") 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:
Lot 37, Replat of Pa~t of Breezy Ridge Estates, according to the map
or plat thereof as recorded in Plat Book 24, Page 116, Public
Records of Palm Beach County, Florida
Property Control No.:12-43-46-18-02-000-0370
(b) Street address, city, zip, of the Property is: 16 NW 23rd Avenue,
Delray Beach, Florida
II. PURCHASE PRICE: $158.600.00
PAYMENT:
(a)
Deposit(s) paid within three (3)
business days following the Effective
Date of this Contract, to be
held in escrow by Robert W. Federspiel,
P.A. Trust Account in the amount of
$ 1,000.00
(b)
Balance to close (U.S. cash, attorney trust
account check, LOCALLY DRAWN certified or
cashier's check, or wire transfer) subject to
adjustments or proration
~157.600.00
Total $158,600.00
III.
IV.
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, the deposit(s) will, at Buyer's option, be returned
and this offer withdrawn. The date of Contract ("Effective Date") will be
the later of the date when the last one of the Buyer and the Seller has
signed this offer or the date the City Commission of the City of Delray
Beach approves this Contract. A facsimile copy of this Contract and any
signatures thereon shall be considered for all purposes as originals.
TITLE EVIDENCE: At least 30 days from the effective date, (CHECK ONLY
ONE): []Seller shall, at Seller's expense, deliver to Buyer or Buyer's
attorney; OR ·Buyer shall at Buyer's expense obtain (CHECK ONLY ONE):
Dabstract of title or ·title insurance commitment (with legible copies
of instruments listed as exceptions attached thereto) and, after closing,
an owner's policy of title insurance.
Vo
CLOSING DATE: This transaction shall be closed and the Warranty Deed and
other closing papers delivered on the third Wednesday following the
expiration of the feasibility study period as provided for in Section
XI(A), unless modified by other provisions of Contract.
VI.
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; public
utility easements of record (easements are to be located contiguous to
Real Property lines and not more than 10 feet in width as to the rear or
front lines and 7-1/2 feet ~n width as to the side lines, unless otherwise
stated herein); taxes for year of closing and subsequent years; assumed
mortgages and purchase money mortgages, if any (if additional items, see
addendum); provided that there exists at closing no violation of the
foregoing.
VII.
OCCUPANCY: Seller warrants there are no parties in occupancy other than
Seller. Seller shall deliver occupancy of Property to Buyer at time of
closing 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.
VIII. TY~EWI~ITTEN OR HA/~DWRITTEN PROVISIONS: Typewritten or handwritten
provisions, riders and addenda shall control all printed provisions of
this Contract in conflict with them.
iX.
ASSIGNABILITY: (CHECK ONLY ONE): Buyer (1) · may assign and thereby be
released from any further liability under this Contract; Dmay assign but
not be released from liability under this Contract; or []may not assign
this Contract.
XI.
DISCLOS~IRES:
(a) Radon
(b)
is a naturally occurring radioactive gas that, when
accumulated in a building in sufficient quantities, may present
health risks to persons who are exposed to it over time. Levels of
radon that exceed federal and state guidelines have been found in
buildings in Florida. Additional information regarding Radon or
Radon testing may be obtained from your County Public Health unit.
Buyer may have determined the energy efficiency rating of the
residential building, if any is located on the Real Property.
SPECIAL CLAUSES; ADDENDA: If additional terms are to be provided,
attached addendum and CHECK HERE ·.
CITY OF DELRAY BEACH
By:
Tax ID No. 59-6000308
Date
Social Security
or Tax ID No. Q~&~°
Donna M. Dority Date
Social Security
DepOSit(s) under Paragraph II (a, received; IF OTHER TH;tN CA~H, THEN SUBJECT TO
CLE;~W3%NCE: ROBERT W. FEDERSPIEL, P.A.
By:
ADDENDUM TO CONTRACT FOR SALE AND PURCHASE
SELLER:
JOHN F. DORITY and DONNA M. DORITY, his wife
BUYER:
PROPERTY ADDRESS:
CITY OF DELRAY BEACH, a Florida municipal corporation
16 NW 23rd Avenue, Delray Beach, FL 33445
XI. SPECIAL CLAUSES; ADDENDA (Continued):
A. The Buyer shall have twelve (12) business days following the approval
of this contract by the City Commission as set forth in ~ below 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.
B. This Contract is expressly contingent and conditioned upon the
approval of the same by the City Commission of the City of Delray Beach within
fifteen (15) business days from the date the Seller signs this Contract, and this
Contract shall expressly not be deemed an "offer" by the Buyer for any purpose
unless and until the said City Commission shall have approved and accepted said
Contract in open session. If this Contract is not approved by the City
Commission of the City of Delray Beach within fifteen (15) business days from the
date the Seller signs this Contract, then this Contract will be null and void and
of no further force or effect.
C. This purchase is in lieu of eminent domain. The parties believe that
this transaction is exempt from documentary stamp tax pursuant to Fla. Admin.
Code Ann. r. 12B-4.013, however in the event the obligation for documentary stamp
tax is determined and assessed, the Seller agrees to be responsible for the same
and to indemnify, save, and hold the Buyer harmless for such taxes.
D. Early Closing: Notwithstanding the provisions set forth in Section V
of the Contract, Sellers elect to close fifteen (15) business days following the
date of delivery to the Buyer of the executed Contract and a copy of all mortgage
account information relative to any mortgages Seller may have on the subject
property.
Seller hereby acknowledges that they have delivered the executed Contract for
Sale an~ ~urghase and provided the mortgage payment information on this ~ day
of/F~, 2002. ~
7---
If you wish tO el~t this ea
initial here: (/_/~--~' r~cl~%ng option, please
E. Purchase Price Adjustment: The Buyer hereby agrees that in the event
it shall have entered into any voluntary contract outside of eminent domain for
the purchase of another property within the Breezy Ridge Estates subdivision
prior to the closing of this purchase and sale and such other contract would
provide a purchase price as deflned in Article II. of the Contract for Sale and
Purchase which is greater than thirty percent (30%) above the appraised value of
such other property according to a bonafide appraisal acceptable to the Buyer
{the "Other Contract"), the Buyer shall increase the purchase price for the
property which is the subject o~ thi~ Contract to reflect the same percentage
variance above appraised value agreed to be paid in such Other Contract.
F. Property Excluded: The following appliances, improvements, and
fixtures located in or on the subject property are hereby excluded from the sale
and will be removed when we vacate the premises:
(List): Owner will remove and keep all appliances to include but
but not be limited to: water heater, re£~i~=~'~Lor, d~oh ~-asher,
ranger washer, dryer, alarm system, hurrlcune-~butt=rs, selected
landscape items such as plants, trees, bushes etc.
G. Post-Closing Occupancy: The undersigned Sellers hereby elect to
continue to occupy the property after closing as a Tenant under a lease agreement
with the Buyer to be signed at closing in form substantially as attached hereto,
which--lease will provide for the right to occupy the premises until November 1,
2002, at no rent. Further, provided that in the event the undersigned Seller has
entered into a lease with the School Board of Palm Beach County on or prior to
November 1, 2002, which lease is acceptable to the School Board of Palm Beach
County and provides for the Seller's right to continue to occupy the premises
after the conveyance of the property by the Buyer to the School Board of Palm
Beach County, the Seller shall have the right to continue occupancy after
November 1, 2002 under the lease with the Buyer until the earlier of: December 1,
2002, or the conveyance of the subject property by the Buyer to the School Board
of Palm Beach County.
option, please initial here:
H. Relocation Benefit: The Buyer hereby acknowledges that if the
subject property is occupied as of the date of closing, =he occupant will receive
a relocation benefit in the amount of One Thousand Five Hundred Dollars
($1,500.00), to be paid by the Buyer to the occupant upon the occupant vacating
the subject property.
BUYER'S INITIALS:
SELLERS' INITIALS:
STANDARDS FOR REAL ESTATE TRANSACTIONS
A. EVIDENCE OF TITLE. (1)An ~ prepared or brought current by a reputable and existing abstract firm (if not
exlstlng then certified as correct by an existing firm) purporting to be an accurate synopsis of the instruments affecting title
to Real Property recorded in the public records of the county wherein Real Property Is located, through Effective Date It shall
commence with the earliest public records, or such later date as may be customary In the county Upon closing of this Contract, the
abstract shall become the property of Buyer. subject to the rlght of retention thereof by first mortgagee until fully paid (2)
~ t~le ~m~ran~ c~"m~ issued by a Florida licensed title insurer agreeing to 1ssue 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 !lens, encumbrances, exceptlons 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 Florlda
Bar and in accordance with law Buyer shall have 30 days, if abstract, or 5 days, if title cOr~ltment, from date of recelvlng
evidence of title to examine it If title is found defective, Buyer shall, wlthln 3 days thereafter, notify Seller in writing
speclfylng defect(s) If the defect(s] render title unmarketable, Seller will have 30 days from receipt of notice to remove the
defect(s), falling which Buyer shall, wlthln five (5) days after expiration of the thirty (30) day period, deliver written notice
to Seller either (1) extendlng the tlm~ for a reasonable per~od not to exceed 120 days within which Seller shall use diligent effort
to remove the defects, or (2)requesting a refund of deposit(s) pa~d which shall immediately be returned to Buyer If Buyer falls
to so notify Seller, Buyer shall be deemed to have accepted the title as l= then is Seller shall, ~f title is found unmarketable,
use diligent effort to correct defect(s) in title wl~. t the t~me provided therefor If Seller is unable ~o timely correct the
defects, Buyer shall either waive the defects, or recei,,e a refund of deposit(s), thereby releasing Buyer and Seller from all further
obligation under this Contract
B. SURV~Y~ Buyer, at Buyer's expense, w~thln 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 regulatlon, the same shall constltute a title defect
C. ~SS AND EGRESS. Seller warrants and represents that there ~s ingress and egress to the Real Property sufflclent for the
intended use as described in ~araq~aph VI. hereof, title to which is in accordance with Standard A.
D. 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 llenors known to Seller and further attesting that there have been
no Improvements or repamrs to Property for 90 days immediately preceding date of closing If Property has been mmproved, or repaired
within that time, Seller shall deliver releases or waiverS of mechanics' liens executed by all general contractors, subcontractors,
suppliers, and matermalmen in addition to Seller's lien affldavlt setting forth the names of all such general contractors,
subcontractors, suppliers and materlalmen and further afflrmlng that all charges for improvements or repairs whlch could serve as
a basis for a mechanic's lien or a clalm for damages have neen paid or wlll be pald at closing of this Con~ract
E. P~ACE OF CLOSING: Ctoslng shall be held in the county where Real Property is located, at the office of the attorney of the
Buyer
F TIME: In computing time periods of less than slx (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
~he next business day TAme is of the essence in thms Contract
~. DOCUMENTS FOR CLOSING: Buyer shall furnish deed, owner's possession affidavit, corrective instruments, and closing statement
~. EXPENSES: Recording of corrective instruments shall be paid by Sel_er, recording of deed shall be paid by Buyer Unless
otherwise prov/ded by law or rider to this Contract, charges for the following related ~ltle services, namely title or abstract
charge, title examination, and settlement and closing fee, shall be pald by the party responslble for furnishing the title evidence
I. SPECIA~ ASSESSMENT LIENS: Certified, confirmed and ratified special assessment liens as of date of closlng (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
J. RISK OF LOSS: If the Property is damaged by fire or other casualty before closing and cost of restoratlon 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
deposit(s)
K. 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 ~ltle in Buyer, wlthout any encumbrances or change which
would render Seller's 51~le unmarketable from the date of the last evidence Ail closing proceeds shall be held in escrow by Seller's
attorney or other mu~ually acceptable escrow agen~ for a period of not more than 5 days after closing date If Seller's title is
rendered unmarketable, through no fault of Buyer, B~'/er shall, within the 5 day period, notify Seller in writing of the defect and
Seller shall have ½0 ~ays fro~ date ot receipt of s,ch nosl~catlon ~o cure the detect If Seller falls to timely cure the defect,
all deooslt(s) shall, upon written demand by Buyer and w~thln 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 bf 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 agalnst Seller as
to any lnter~enlng 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 lnstltutlonal financing or refinancing, requirements of the lending institution
as to place, t~me of day and procedures for closing, and for disbursement of mortgage proceeds shall control over contrary provision
in this Contract Seller shall have the r!ght to rec~lre from the lending institution a written co~Faltment 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
L. ESCROW: Any escrow agent ("AGent") receiving funds or equivalent Is authorized and agrees by acceptance of them to deposit
them promptly, hold same In escrow and, sub]ect to clearance, disburse them in accordance with terms and conditions of Contract
Failure of clearance of funds shall not excuse Buyer's performance If in doubt as to Agent's duties or liabilities under the
provisions of Contract, Agent may, at Agent's option, continue to hold the sub]eot matter of the escrow until the parties hereto
agree to its disbursement, or until a ]udgment of a court of competent ]urlsdlctlon shall determine the rights of the parties or
A~ent may deposit w/th the clerk of the circuit court having ~urlsd~ct~on of the dispute, Upon notifying all parties concerned of
such action, all liability on the part of Agent shall fully terminate, except to the extent of accounting for any items previously
delivered out of escrow. If a licensed real estate broker, Agent will comply with provisions of Chapter 475, F S , as amended Any
suit between Buyer and Seller where Agent is made a party because of acting as Agent hereunder, or in any suit wherein Agent
Inter, leads the~ub3ect matter of the escrow, Agent eh311 recover reasonable attorneys' fees and costs incurred wlth these amounts
to be paid from and out of the escrowed funds or equlvai= ~ and charged and awarded as court costs in favor of the prevailing party
The Agent shall not be liable to any party or person for mlsdellvery to Buyer or Seller of items sub]ec~ to this escrow, unless such
mlsdellvery is due to willful breach of Contract or gross negligence of Agent
M. ATTOP/~EY F~S; COSTS: In any litigation, Including breach, enforcement or Interpretation, arising out of thls Contract, the
prevailing party in such litigation which, for the purposes of this Standard, shall Include Seller, Buyer, and any brokers acting
In agency or nonagency relationships authorized by Chapter 475, F S , as amended, shall be entitled to recover from the non-
prevailing party reasonable attorney's fees, costs, and expenses
N. FAILURE OF PERFORMANCE: If Buyer fails to perform this Contract wlthln the time specified (Including payment of all
deposit(s)), the deDoslt(s) paid by Buyer and deposit{s) agreed to be paid, ~ay be recovered and retained by or for the account of
Seller as agreed upon llquldated damages, consideration for the execution of thls 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 fall~, neglects or refuses to perform thls Contract, the Buyer may seek specific performance or elect
to fete=ye the return of Buyer's deposit(s) without thereby waiving any action for damages resulting from Seller's breach
O. CONT~ACT NOT RECORDABLE; PERSONS BO~T~D; NOTICE: Neither this Contract nor any notice of it shall be recorded in any public
records. This Contract shall blnd 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 ~nclude all Notice given by or to the attorney for any party shall be
as effective as if given by or to that party
P. CONVEYANCE: Seller shall convey title to Real Property by warranty deed, sub3ect only to matters contained in ~&~a~,~h VT.
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, sub~ect only to such matters as may ~e otherwise provlced ~or herein
Q. OT~R A~EEM~NTS: No prior or present agreements or representations shall be binding upon Buyer or Seller unless included in
this Contract No modlflcatlon or change in ~hls Contract shall be valid or £ ndlng upon the parties unless in writing and executed
by the party or parties intended to be bound by it
R. 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 d~sclosed to Buyer
LEASE
THIS LEASE, is made by and between CITY OF DELRAY BEACH, hereinafter
called "Landlord," whose address is 100 N.W. First Avenue, Delray Beach,
Florida 33444, and
, hereinafter called "Tenant."
WI TNESSETH:
In consideration of the faithful performance of all covenants,
agreements and conditions herein contained, on the part of the Tenant to
be kept, done and performed, the said Landlord does hereby lease to the
Lessee the following described property:
Single family residence ~ocated at
· Delray Beach, Florida. Said property to be in
its "as is" condition.
TO HAVE AND TO HOLD the same until November 1, 2002, at no rent.
Further, provided that in the event the Tenant has entered into a lease
with the School Board of Palm Beach County on or prior to November 1,
2002, which lease is acceptable to the School Board of Palm Beach County
and provides for the Tenant's right to continue to occupy the premises
after the conveyance of the property by the Landlord to the School Board
of Palm Beach County, the Tenant shall have the right to continue
occupancy after November 1, 2002, under the Lease with the Landlord until
the earlier of: December 1, 2002, or the conveyance of the subject
property by the Landlord to the School Board of Palm Beach County.
NOTICE TO TENANT (Pursuant to Chapter 83, F.S.)
A. Landlord designates SUSAN RUBY, ESQ., of the City Attorneys'
Office· 200 N.W. First Avenue, Delray Beach, FL 33444, as the person
authorized on its behalf to receive all notices and demands of Tenant.
THE TENANT FURTHER COVENANTS AND AGREES AS FOLLOWS:
1. Not to use or permit to be used the premises for any illegal,
immoral or improper purposes.
2. Not to make or permit any noise, disturbance or annoyance
whatsoever detrimental to the premises or to the comfort and peace of
neighboring residents.
3. The parties agree that the premises, including lawn and
plantings, and pool (if applicable), shall be continuously maintained in
good condition by the Tenant, including but not limited to air
conditioning and heat, appliances and/or appliance service contract,
interior pest extermination (if desired), lawn & plantings, lawn pest
control, building exterior, building interior, pool and equipment/pool
service, and that the obligation and cost of maintenance shall be borne
by the Tenant.
4. Ail charges for- utilities services during the term of this
Lease, including but not limted to electric, telephone, gas/fuel, sewer,
water, and refuse collection, shall be payable by the Tenant.
5. The Tenant assume full and complete risk of loss and injury to
themselves and others which may result from the occupancy of the subject
premises pursuant to this Lease and in consideration of such tenancy, the
Tenant agrees to indemnify, save, and hold the Landlord harmless from any
and all liability, costs, claims, expenses, or damages of whatsoever
nature including defense costs, attorneys' fees, and administrative
costs.
--6. Tenant shall deliver up possession of the premises at the end
of the term in as good condition as they now are, ordinary wear and tear
excepted; Tenant acknowledges prior inspection of the premises and finds
same to be in good condition except as hereinafter noted.
7. Tenant agrees that Landlord shall have the right, upon
reasonable notice, to inspect the premises and to show the premises to
prospective Tenants or Purchasers.
8. Tenant agrees to pay the cost of repairing any and all damage
to the premises occasioned by Tenant or any other party during the term
of this Lease, including the cost of removing foreign substances from
toilets and sinks.
9. Tenant covenants and agrees that the premises shall not at any
time be occupied by more than one family or persons without
written approval of the Landlord.
10. DEFAULT: Tenant's default in the performance of the covenants
and conditions hereunder shall immediately constitute Tenant as a tenant
at sufferance and, in such event, Tenant waives all right of notice to
vacate said premises, and the Landlord shall be entitled to re-enter and
retake possession of the premises immediately and without liability for
such action.
11. Tenant agrees to pay all court costs and reasonable attorney's
fees which may be paid or incurred by Landlord or Landlord's agent
enforcing the covenants, conditions, agreements and obligations of this
Lease in the event of Tenant's default hereunder.
12. This Lease contains the entire agreement of the parties and
supersedes any and all prior agreements between them. This Lease shall
be binding upon the benefit of the parties, their Personal
Representatives, successors and assigns.
13. Tenant shall not assign the Lease, or sublet the premises or
any part thereof, or permit the premises or any part thereof to be used
or occupied by anyone other than Tenant or members of Tenant's immediate
family, without the prior written consent of Landlord.
14. Tenant is hereby prohibited from making any improvements to the
subject real property other than pursuant to its repair and maintenance
and obligations as described herein and in the event a Claim of Lien
shall be recorded against the subject property as a result of any of
Tenant's actions and such Lien shall not be discharged of record within
ten (10) days thereafter, the Tenant shall be deemed to be in default
pursuant to the terms of this Lease.
IN WITNESS WHEREOF, the parties hereto have executed this Lease the
day and year first above written.
BY S~GNING THIS RENTAL AGREEMENT THE TENANT AGREES THAT UPON SURRENDER
OR ABANDONMENT, AS DEFINED BY THE FLORIDA STATUTES, THE LANDLORD SHALL
NOT BE LIABLE OR RESPONSIBLE FOR STORAGE OR DISPOSITION OF THE TENANT'S
PERSONAL PROPERTY.
WITNESSES:
LANDLORD:
As to Landlord (2 required)
CITY OF DELRAY BEACH
By:
Printed Name:
Title:
As to Tenant (2 required) TENANT:
CONTRACT FOR SALE AND PURCHASE
PARTIES: TIMOTHY P. CARMODY and LYNNE M. CARMODY, his wife, ("Seller"), of 20 NW
23rd Avenue, Delray Beach, FL 33445, {Phone: 276-0861), and the CITY OF DELRAY
BEACH, a Florida municipal corporation, ("~kLhy_~r"), of 100 N.W. 1st Avenue, Delray
Beach, FL 33444 (Phone: 561-243-7000), hereby agree that the Seller shall sell
and Buyer shall buy the following described Real Property and Personal Property
(collectively "P_r~") upon the following terms and conditions, which INCLUDE
the Standards for Real Estate Transactions ("~") 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:
Lot 38, Replat of Pa-t of Breezy Ridge Estates, according to the map
or plat thereof as recorded in Plat Book 24, Page 116, Public
Records of Palm Beach County, Florida
Property Control No.:12-43-46-18-02-000-0380
(b) Street address, city, zip, of the Property is: 20 NW 23rd Avenue,
Delray Beach, Florida
II. PURCHASE PRICE: $143.000.00
PAYMENT
(a)
Deposit(s) paid within three (3)
business days following the Effective
Date of this Contract, to be
held in escrow by Robert W. Federspiel,
P.A. Trust Account in the amount of
$ 1,000.00
(b)
Balance to close (U.S. cash, attorney trust
account check, LOCALLY DRAWN certified or
cashier's check, or wire transfer) subject to
adjustments or proration
S142.000.00
Total $143,000.00
III.
IV.
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 ~he
first party signing, the deposit{s) will, at Buyer's option, be returned
and this offer withdrawn. The date of Contract ("Effective Date") will be
the later of the date when the last one of the Buyer and the Seller has
signed this offer or the date the City Commission of the City of Delray
Beach approves this Contract. A facsimile copy of this Contract and any
signatures thereon shall be considered for all purposes as originals.
TITLE EVIDENCE: At least 30 days from the effective date, (CHECK ONLY
ONE) : DSeller shall, at Seller's expense, deliver to Buyer or Buyer's
attorney; OR ·Buyer shall at Buyer's expense obtain (CHECK ONLY ONE):
[]abstract of title or ·title insurance commitment (with legible copies
of instruments listed as exceptions attached thereto) and, after closing,
an owner's policy of title insurance.
Vo
CLOSING DATE: This transaction shall be closed and the Warranty Deed and
other closing papers delivered on the third Thursday following the
expiration of the feasibility study period as provided for in Section
XI(A), unless modified by other provisions of Contract.
VI.
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; public
utility easements of record (easements are to be located contiguous to
Real Property lines and not more than 10 feet in width as to the rear or
front lines and 7-1/2 feet in width as to the side lines, unless otherwise
stated herein); taxes for year of closing and subsequent years; assumed
mortgages and purchase money mortgages, if any (if additional items, see
addendum); provided that there exists at closing no violation of the
foregoing.
OCCUPANCY: Seller warrants there are no parties in occupancy other than
Seller. 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.
VIII. TYPEWRITTEN OR HANDWRITTEN PROVISIONS: Typewritten or handwritten
provisions, riders and addenda shall control all printed provisions of
this Contract in conflict with them.
IX.
ASSIGNABILITY: (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 []may not assign
this Contract.
DISCLOSIIRES:
(a) Radon
(b)
is a naturally occurring radioactive gas that, when
accumulated in a building in suffIcient quantities, may present
health risks to persons who are exposed to it over time. Levels of
radon that exceed federal and state guide!lnes have been found in
buildings in Florida. Additional information regarding Radon or
Radon testing may be obtained from your County Public Health unit.
Buyer may have determined the energy efficiency rating of the
residential building, if any is located on the Real Property.
XI.
SPECIAL CLAUSES; ADDENDA: If additional terms are to be provided,
attached addendum and CHECK HERE ·.
CITY OF DELRAY BEACH
By:
Tax ID No. 59-6000308
Date
Lyn~ M. Carm°dyO
Social Security
or Tax ID No.
Da~e
Deposit(s) under Paragraph II (a/ received; IF OTHER THAN CASH, THEN SUBJECT TO
CLEARANCE: ROBERT W. FEDERSPIEL, P.A.
By:
ADDENDUM TO CONTRACT FOR SALE AND PURCHASE
SELLER:
TIMOTHY P. CARMODY and LYN-NE M. CARMODY, his wife
BUYER:
CITY OF DELRAY BEACH, a Florida municipal corporation
PROPERTY ADDRESS:
20 NW 23rd Avenue, Delray Beach, FL 33445
XI. SPECIAL CLAUSES; ADDENDA (Continued):
A. The Buyer shall have twelve (12) business days following the approval
of this contract by the City Commission as set forth in ~ below 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.
B. This Contract is expressly contingent and conditioned upon the
approval of the same by the City Commission of the City of Delray Beach within
fifteen (15) business days from the date the Seller signs this Contract, and this
Contract shall expressly not be deemed an "offer" by the Buyer for any purpose
unless and until the said City Commission shall have approved and accepted said
Contract in open session. If this Contract ms not approved by the City
Commission of the City of Delray Beach within fifteen (15) business days from the
date the Seller signs this Contract, then this Contract will be null and void and
of no further force or effect.
C. This purchase is in lieu of eminent domain. The parties believe that
this transaction is exempt from documentary stamp tax pursuant to Fla. Admin.
Code Ann. r. 12B-4.013, however in the event the obligation for documentary stamp
tax is determined and assessed, the Seller agrees to be responsible for the same
and to indemnify, save, and hold the Buyer harmless for such taxes.
D. Early Closing: Notwithstanding the provisions set forth in Section V
of the Contract, Sellers elect to close fifteen (15) business days following the
date of delivery to the Buyer of the executed Contract and a copy of all mortgage
account information relative to any mortgages Seller may have on the subject
property.
Seller hereby acknowledges that they have dellYered the executed Contract for
Salea~urchase~ ~"~/ and ~ov!ded the mortgage payment information on this ~.~ day
of , 20 .
IIfinitialyOu wish here: to e~tis earl~sing option, pleaseI
E. Purchase Price Adjustment: The Buyer hereby agrees that in the event
it shall have entered into any voluntary contract outside of eminent domain for
the purchase of another property within the Breezy Ridge Estates subdivision
prior to the closing of this purchase and sale and such other contract would
provide a purchase price as defined in Article II. of the Contract for Sale and
Purchase which is greater than thirty percent (30%) above the appraised value of
such other property according to a bonaflde appraIsal acceptable to the Buyer
(the "Other Contract"), the Buyer shall increase the purchase price for the
property which is the subject of this Contract to reflect the same percentage
variance above appraised value agreed to be paid in such Other Contract.
F. Property Excluded: The following appliances, improvements, and
fixtures located in or on the subject property are hereby excluded from the sale
and will be removed when we vacate the premises:
G. Post-Closing Occupancy: The undersigned Sellers hereby elect to
continue to occupy the property after closing as a Tenant under a lease agreement
with-the Buyer to be signed at closing in form substantially as attached hereto,
which lease will provide for the rlght to occupy the premises until November 1,
2002, at no rent. Further, provided that in the event the undersigned Seller has
entered into a lease with the School Board of Palm Beach County on or prior to
November 1, 2002, which lease is acceptable to the School Board of Palm Beach
County and provides for the Seller's right to continue to occupy the premises
after the conveyance of the property by the Buyer to the School Board of Palm
Beach County, the Seller shall have the right to continue occupancy after
November 1, 2002 under the lease with the Buyer until the earlier of: December 1,
2002, or the conveyance of the subject property by the Buyer to the School Board
of Palm Beach County.
I If you wish to elect this post-closing ~c~pancy
option, please initial here: .
H. Relocation Benefit: The Buyer hereby acknowledges that if the
subject property is occupied as of the date of closing, the occupant will receive
a relocation benefit in the amount of One Thousand Five Hundred Dollars
($1,500.00), to be paid by the Buyer to the occupant upon the occupant vacating
the subject property.
BUYER'S INITIALS:
SELLERS' INITIALS:
STANDARDS FOR REAL ESTATE TRANSACTIONS
A. EVIDENCE OF TITLE (ilAn ab~rac~ ~f !]tiff prepa:ed cr brought current Dy a reputable and existing abstract flr~ (if not
existing then certified as correct by an existing firm) purportlng to be an accurate sFnopsls of the instruments affecting title
to Real Property recorded in the public recoros of the county wherein Real Property is located, through Effective Date It shall
CoN,hence with the earliest public records, or such later date as may be customary i~ the county Upon closing of this Contract, the
abstract shall become the property of Buyer, subject to the right of retention thereof by first mortgagee until fully paid (2)
Buyer, an owner's policy of title insurance la the amount of the purchase price, l~surlng 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 closlng 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 T:uie Standards adopted by authority of The Florida
Bar and in accordance wlth law Buyer shall have 30 days, if abstract, or 5 oays, if title commitment, from date of receiving
evidence of title to examine ~t If title ~s found defective, Buyer shall, wl~hln 3 days thereafter, notify Seller In writing
specifying defect{s) If %he defectls) render title unmarketable, Seller will have 30 days from receipt of notice to remove the
defect(s), falling which Buyer shall, within flve {5) days after expiration of the thirty (30) day perlod, deliver written notlce
to Seller either, (1) extending the time for a reasonable period not to exceed 120 days within which Seller shall use dlllgent effort
~o remove the defects, or (2) requesting a refund of deposit(s} paid Which shall immediately be returned to Buyer If Buyer fails
to so notify Seller, Buyer shall be deemed to have accepted the title as it then is Seller shall, if title is found unmarketable,
use dlllgent effort to correct defect(s) in title wl~ n the time provided therefor If Seller is unable to timely correct the
defects, Buyer shall either waive the defects, or recel e a refund of deposit(s), thereby releasing Buyer and Seller from all further
obligation under thls Contract
B. SURVEY: Buyer, at Buyer's expense, within t~me allowed to deliver evidence of title, may have Real Property surveyed and
certlfled by a reglstered Florida surveyor If the survey discloses encroachments on the Real Property or that ~mprovements located
thereon encroach on setback lines, easements, lands cf others, or violate an? res%rlctlons, 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 descrlbed in ~araqra~h VI. hereof, title to which is in accordance with Standard A.
D. 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 llen or potential llenors 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 tl~e, Seller shall deliver releases or waivers of mechanics' liens executed by all general contractors, subcontractors,
suppliers, and mater~almen in addition to Seller's lien affidavit set~lng forth the names of all such general contractors,
subcontractors, suppliers and materlalmen 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 pald at closing of this Contract.
E. P~AC~ OF CLOSING: Closing shall be held in ~he county where Real Property is located, at the office of the attorney of the
Buyer
F. TIM~: In com~utlng time periods of less than slx (6} days, Saturdays, Sundays and s~ate or national legal holidays shall be
excluded Any time periods provided for herein wnlch shall end on Saturday, Sunday or legal holiday shall extend to 5 00 p m of
the ~ext business day T~me ~s O~ the essence in th~s Con~ract.
G. DOCUMENTS FOR CLOSING: Buyer shall furnish deed, owner's possession affidavit, corrective Instruments, and closing statement
H. EXPENSES: Recording of corrective instruments shall be paid by Sei-~r, recording of deed shall be paid by Buyer Unless
otherwlse provided by law or rider to this Contract, charges for the following related title services, namely title or abstract
charge, title examlnatlon, and settlement and closing fee, shall be paid by the party responsible for furnlshlng the title evidence
I. SPECIAL ASSESSMENT LIENS: Certlfled. conf~rmed 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 5he last estimate of assessment for the improvement by the public body
J. RISK OF LOSS: if the Property Is damaged Dy flre or other casualty before closing and cost of restoratlo~ does not exceed 3%
of the assessed valuation of the Property so damaged, cost of restoration shall De an obllgatlon of the Seller and closlng s~all
proceed pursuant to the terms of Contract with restoration costs escrowed a~ closing If the cost of restoration exceeds 3% of the
assessed valuation of the Improvements so damaged, Buyer shall have the optlon of either taking Property as is, together with either
the 3% or any Insurance proceeds pa~able b/ ;irt~e o~ such loss or damage, or of canceling Contract and receiving return of
deposit%s)
K. 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 tltle in Buyer, without any encumbrances or change which
would render Seller's title unmarketanle ~rom 5he cate of the las~ evidence ~I1 closing proceeds shall be held In escrow by Seller's
attorney or other mutually acceptable escrow agert for a per,o~ ot not more than 5 days after closing date If Seller's title is
rendered unmarketable, through no fault Of Bu/er, Bu e~ sn~l~, wlthln ~ne 5 day perlod, notify Seller in wrltlng of the defect and
all deposit(s) shall, upon written demand by Buyer and wltnln ~ days after demand, be returned to Buyer and simultaneously wl~h such
repayment, Buyer shall return Personalty and vacate Re~l Property and reconvey ~he Property to Seller by special warranty deed and
bill of sale If Buyer fails to make timely demand for refund. Buyer shall %ake title as ~s, waiving all rights aga~st Seller as
to any Intervening defect except as may be available to Buyer by virtue Of warrant~es contained in the deed or bill of sale If a
portion of the purchase price is to be derived from ~nstltutlonal flnanclng or refinancing, requirements of the lending l~st~tutlon
as to place, time of day and procedures for closLng, and for d~sbursement of mortgage proceeds shall control over contrary provision
in this Contract Seller shall have the right to require from ~he lending Institution a written con, hi:men: that l~ will not w~thhold
d~sDursement of mortgage proceeds as a result of any ~tle defect attributable ~0 Buyer-mortgagor The escrow and closing procedure
required by Chis Standard may be wal~ed ~f title agent Lnsures a~verse matters pursuant to Section 627 7~41, F S , ss amended
L. ESCROW: Any escrow agent ("Aqent") receiving funds or equivalent ls authorized and agrees by acceptance of them to deposit
them promptly, hold same in escrow and, subject to clearance, disburse them in accordance with terms and conditions of Contract
Failure of clearance of funds shall not excuse Buyer's performance If in doubt as to Agent's duties or liabilities under the
provisions of Contract, Agent may, at Agent's optlon, contlnue to hold the subject matter of the escrow until the parties hereto
agree to its dlsbursement, or until a judgment of a court of competent jurisdiction shall determine the rights of the par=les or
Agent may del00slt with the clerk of the circuit court havlng jurisdiction of the dispute. Upon notifying all part~es concerned of
such actlon, all llablllty on the part of Agent shall fully terminate, except to the extent of accounting for any items previously
delivered OUt of escrow If a l~censed real estate broker, Agent w~ll comply w~th prov~slons of Chapter 475, F S , as amended. Any
suit between Buyer and Seller where Agent ~s made a party because of acting as Agent hereunder, or in any suit wherein Agent
lnterpleads the subject matter of the escrow, Agent sm~i! recover reasonable attorneys' fees and costs Incurred with these amounts
to be pald from and out of the escrowed funds or equ~va, -t and charged and awarded as court costs in favor of the prevalllng party
The Agent shall not be liable to any party or person for m~sdel~very to Buyer or Seller of Items sub3ec= to thls escrow, unless such
mmadellvery is due to wlllful breach of Contract or gross negligence of Agent
M. AT~P~I~Y FEES; COSTS: In any litigation, including breach, enforcement or interpretation, arising OUt of thls Contract, the
prevailing party in such litigation which, for the purposes of this Standard, shall Include Seller, Buyer, and any brokers acting
In agency or nonagency relationships authorized by Chapter 475, F S , as amended, shall be entitled to recover from the non-
prevalllng party reasonable attorney's fees, costs, and expenses
N. PAILURR OP PERPO]~MANCE: If Buyer fails to perform ~hls Contract within the time specified [~ncludlng 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 ~n equity
to enforce Seller's rights under th~s Contract If, for any reason other than failure of Seller to make Seller's title marketable
after d&l=gent effort, Seller fails, neglects or refuses to perform this Contract, the Buyer may seek specific performance or elect
to recelve the re:urn of Buyer's deposit{s) without thereby waiving any action for damages resulting from Seller's breach
O. CONTRACT NOT RECORDA~LE; PERSONS BOUND; NOTICE: Neither this Contract nor any notice of it shall be recorded in any public
records This Con=tact shall bind and inure to the benefit of the parties and their successors in interest. Whenever the context
permits, s/ngular shall include plural and one gender shall include all Notice glven by or to the attorney for any party shall be
as effective as if given by or to that party
P. CONIFEYANC~ Seller shall convey title to Real Property by warranty deed, subject only to matters contained in ~araqra~h VI_
and those otherwise accepted by Buyer Personal Property shall, at request of Buyer, be tr~msferred by an absolute bill of sale wlth
warranty of title, subject only to such mat~ers as ma}, be otherwise provided for herein
Q. OTHE~ A(~LE~MENTS: NO prior or present agreements or representations shall be b~ndlng upon Buyer or Seller unless included in
this Contract NO modlf~catlon or change in th~s Contract shall be valid or ~indlng upon the par:les unless in writing and executed
by the party or parties intended to be bound by ~t
R. WAR~ARTIES: Seller warrants that there are no facts known to Seller materlally affecting the value of the Property which are
not readily observable by Buyer or which have not been disclosed ~o Buyer
LEASE
THIS LEASE, is made by and between CITY OF DELRAY BEACH, hereinafter
called "Landlord," whose address is 100 N.W. First Avenue, Delray Be~ch,
, hereinafter called "Tenar~t." /
/
WI TNE S SETH:
In consideration of the faithful performance of all covenants,
agreements and conditions herein contained, on the part of the Tenant to
be kept, done and performed, the said Landlord does hereby lease to the
Lessee the following described property:
-- Single family residence located at
, Delray Beach, Florida. Said property to be in
its "as is" condition.
TO HAVE AND TO HOLD the same until November 1, 2002, at no rent.
Further, provided that in the event the Tenant has entered into a lease
with the School Board of Palm Beach County on or prior to November 1,
2002, which lease is acceptable to the School Board of Palm Beach County
and provides for the Tenant's right to continue to occupy the premises
after the conveyance of the property by the Landlord to the School Board
of Palm Beach County, the Tenant shall have the right to continue
occupancy after November 1, 2002, under the Lease with the Landlord until
the earlier of: December 1, 2002, or the conveyance of the subject
property by the Landlord to the School Board of Palm Beach County.
NOTICE TO TENANT (Pursuant to Chapter 83, F.S.)
A. Landlord designates SUSAN RUBY, ESQ., of the City Attorneys'
Office, 200 N.W. First Avenue, Delray Beach, FL 33444, as the person
authorized on its behalf to receive all notices and demands of Tenant.
THE TENANT FURTHER COVENANTS AN~ AGREES AS FOLLOWS:
1. Not to use or permit to be used the premises for any illegal,
immoral or improper purposes.
2. Not to make or permit any noise, disturbance or annoyance
whatsoever detrimental to the premises or to the comfort and peace of
neighboring residents.
3. The parties agree that the premises, including lawn and
plantings, and pool (if applicable), shall be continuously maintained in
good condition by the Tenant, including but not limited to air
conditioning and heat, appliances and/or appliance service contract,
interior pest extermination (if desired), lawn & plantings, lawn pest
control, building exterior, building interior, pool and equipment/pool
service, and that the obligation and cost of maintenance shall be borne
by the Tenant.
4. All charges for utilities services during the term of this
Lease, including but not limted to electric, telephone, gas/fuel, sewer,
water, and refuse collection, shall be payable by the Tenant.
5. The Tenant assume full and complete risk of loss and injury to
themselves and others which may result from the occupancy of the subject
premises pursuant to this Lease and in consideration of such tenancy, the
Tenant agrees to indemnify, save, and hold the Landlord harmless from any
and all liability, costs, claims, expenses, or damages of whatsoever
nature including defense costs, attorneys' fees, and administrative
costs.
--6. Tenant shall deliver up possession of the premises at the end
of the term in as good condition as they now are, ordinary wear and tear
excepted; Tenant acknowledges prior inspection of the premises and finds
same to be in good condition except as hereinafter noted.
7. Tenant agrees that Landlord shall have the right, upon
reasonable notice, to inspect the premises and to show the premises to
prospective Tenants or Purchasers.
8. Tenant agrees to pay the cost of repairing any and all damage
to the premises occasioned by Tenant or any other party during the term
of this Lease, including the cost of removing foreign substances from
toilets and sinks.
9. Tenant covenants and agrees that the premises shall not at any
time be occupied by more than one family or persons without
written approval of the Landlord.
10. DEFAULT: Tenant's default in the performance of the covenants
and conditions hereunder shall immediately constitute Tenant as a tenant
at sufferance and, in such event, Tenant waives all right of notice to
vacate said premises, and the Landlord shall be entitled to re-enter and
retake possession of the premises immediately and without liability for
such action.
11. Tenant agrees to pay all court costs and reasonable attorney's
fees which may be paid or incurred by Landlord or Landlord's agent
enforcing the covenants, conditions, agreements and obligations of this
Lease in the event of Tenant's default hereunder.
12. This Lease contains the entire agreement of the parties and
supersedes any and all prior agreements between them. This Lease shall
be binding upon the benefit of the parties, their Personal
Representatives, successors and assigns.
13. Tenant shall not assign the Lease, or sublet the premises or
any part thereof, or permit the premises or any part thereof to be used
or occupied by anyone other than Tenant or members of Tenant's immediate
family, without the prior written consent of Landlord.
14. Tenant is hereby prohibited from making any improvements to the
subject real property other than pursuant to its repair and maintenance
and obligations as described herein and in the event a Claim of Lien
shall be recorded against the subject property as a result of any of
Tenant's actions and such Lien shall not be discharged of record within
ten (10) days thereafter, the Tenant shall 'be deemed to be in default
pursuant to the terms of this Lease.
IN WITNESS WHEREOF, the parties hereto have executed this Lease the
day and year first above written.
BY STGNING THIS RENTAL AGREEMENT THE TENANT AGREES THAT UPON SURRENDER
OR ABANDONMENT, AS DEFINED BY THE FLORIDA STATUTES, THE LANDLORD SHALL
NOT BE LIABLE OR RESPONSIBLE FOR STORAGE OR DISPOSITION OF THE TENANT'S
PERSONAL PROPERTY.
WITNESSES:
LANDLORD:
AS to Landlord (2 required)
CITY OF DELRAY BEACH
By:
Printed Name:
Title:
As to Tenant (2 required)
CONTRACT FOR SALE AND PURCHASE
PARTIES: ALFONSO P, AMOS, a single man and FRA/~CISCA RAMOS, a single
woman, ("Seller") , of 2350 N.W. 2nd Street, Delray Beach, FL 33445, (Phone:
) , and the CITY OF DELRAY BEACH, a Florida municipal
corl~oration, ("~"), of 100 N.W. 1st Avenue, Delray Beach, FL 33444 (Phone:
561-243-7000), hereby agree that the Seller shall sell and Buyer shall buy the
following described Real Property and Personal Property (collectively "~")
upon the following terms and conditions, which INCLUDE the Standards for Real
Estate Transactions {"~") 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:
Lot 53, Replat of Past of Breezy Ridge Estates, according to the map
or plat thereof as recorded in Plat Book 24, Page 116, Public
Records of Palm Beach County, Florida
Property Control No.:12-43-46-18-02-000-0530
(b) Street address, city, zip, of the Property is: 2350 N.W. 2nd Street,
Delray Beach, Florida
II. PURCHASE PRICE:
PAYMENT
(a)
Deposit(s) paid within three (3)
business days following the Effective
Date of this Contract, to be
held in escrow by Robert W. Federspiel,
P.A. Trust Account in the amount of
$ 1,000.00
(b)
Balance to close (U.S. cash, attorney trust
account check, LOCALLY DRAWN certified or
cashier's check, or wire transfer) subject to
adjustments or proration
Total
$162,500.00
III.
IV.
TIM~ FOR ACCEPTA/~CE; 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, the deposit(s) will, at Buyer's option, be returned
and this offer withdrawn. The date of Contract ("Effective Date") will be
the later of the date when the last one of the Buyer and the Seller has
signed this offer or the date the City Commission of the City of Delray
Beach approves this Contract. A facsimile copy of this Contract and any
signatures thereon shall be considered for all purposes as originals.
TITLE EVIDENCE: At least 30 days from the effective date, (CHECK ONLY
ONE): ~Seller shall, at Seller's expense, deliver to Buyer or Buyer's
attorney; OR []Buyer shall at Buyer's expense obtain (CHECK ONLY ONE):
~abstract of title or []title insurance commitment (with legible copies
of instruments listed as exceptions attached thereto) and, after closing,
an owner's policy of title insurance.
Vo
CLOSING DATE: This transaction shall be closed and the warranty Deed and
other closing papers delivered on the 4th Thursday following the
expiration of the feasibility study period as provided for in Section
XI(A), unless modified by other provisions of Contract.
VI.
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; public
utility easements of record {easements are to be located contiguous to
Real Property lines and not more than !0 feet in width as to the rear or
front lines and 7-1/2 feet tn width as to the side lines, unless otherwise
stated herein); taxes for year of closing and subsequent years; assumed
mortgages and purchase money mortgages, if any (if additional items, see
addendum); provided that there exists at closing no violation of the
foregoing.
VII.
OCCUPANCY: Seller warrants there are no parties in occupancy other than
Seller. Seller shall deliver occupancy of Property to Buyer at time of
closing 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.
VIII. TYPEWRITTEN OR HANDWRITTEN PROVISIONS: Typewritten or handwritten
provisions, riders and addenda shall control all printed provisions of
this Contract in conflict with them.
IX.
ASSIGNABILITY: (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 ~may not assign
this Contract.
XI.
DISCLOSURES:
(a) Radon
(b)
is a naturally occurring radioactive gas that, when
accumulated in a building in sufficient quantities, may present
health risks to persons who are exposed to it over time. Levels of
radon that exceed federal and state guidelines have been found in
buildings in Florida. Additional information regarding Radon or
Radon testing may be obtained from your County Public Health unit.
Buyer may have determined the energy efficiency rating of the
residential building, if any is located on the Real Property.
SPECIAL CLAUSES; ADDENDA: If additional terms are to be provided,
attached addendum and CHECK HERE [].
CITY OF DELRAY BEACH
By:
Tax ID No. 59-6000308
Date
Date
Social Security
or Tax ID No.
Francisca R am'c~ ....
Date
Social Security
or Tax ID No. /Z/~-
Dep~it(s) under Paragraph II (a) received; IF OTHER TH/tN CASH, THEN SUBJECT TO
CLEA~J%NCE: ROBERT W. FEDERSPIEL, P.A.
By:
ADDENDUM TO ~ONTRACT FOR SALE AND PURCHASE
SELLER:
ALFONSO RAMOS, a single man and FRANCISCA RAMOS, a
single woman
BUYER:
CITY OF DELP~AY BEACH, a Florida municipal corporation
PROPERTY ADDRESS:
2350 N.W. 2nd Street, Delray Beach, FL 33445
XI. SPECIAL CLAUSES; ADDENDA (ContInued):
A. The Buyer shall have twelve (12) business days following the approval
of this contract by the City Commission as set forth in ~_~ below w~thin
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
stucries and determinations, including environmental assays, core drilling,
surveys, soil sampling and other such testing.
B. This Contract is expressly contingent and conditioned upon the
approval of the same by the City Commission of the City of Delray Beach within
fifteen (15) business days from the date the Seller signs this Contract, and this
Contract shall expressly not be deemed an "offer" by the Buyer for any purpose
unless and until the said City Commission shall have approved and accepted said
Contract in open session. If this Contract is not approved by the City
Commission of the City of Delray Beach within fifteen (15) business days from the
date the Seller signs this Contract, then this Contract will be null and void and
of no further force or effect.
C. This purchase is in lieu of eminent domain. The parties believe that
this transaction is exempt from documentary stamp tax pursuant to Fla. Admin.
Code Ann. r. 12B-4.013, however in the event the obligation for documentary stamp
tax is determined and assessed, the Seller agrees to be responsible for the same
and to indemnify, save, and hold the Buyer harmless for such taxes.
D. Early Closing: Notwithstanding the provisions set forth in Section V
of the Contract, Sellers elect to close fifteen (15) business days following the
date of delivery to the Buyer of the executed Contract and a copy of all mortgage
account information relative to any mortgages Seller may have on the subject
property.
Seller hereby acknowledges that they have delivered the executed Contract for
Sale and Purchase and pro~d the mortgage payment information on this /~ day
of , 2002.
If you wish to elect this early.c~osing option, please
initial here: ~~,~,
E. Purchase Price Adjustment: The Buyer hereby agrees that in the event
it shall have entered into any voluntary contract outside of eminent domain for
the purchase of another property w~thin the Breezy Ridge Estates subdivision
prior to the closing of this purchase and sale and such other contract would
provide a purchase price as defined in Article II. of the Contract for Sale and
Purchase which is greater than thirty percent (30%) above the appraised value of
such other property according to a bonafide appraisal acceptable to the Buyer
(the "Other Contract"), the Buyer shall increase the purchase price for the
property which is the subject if this Contract to reflect the same percentage
variance above appraised value agreed to be paid in such Other Contract.
F. Property Excluded: The following appliances, improvements, and
fixtures located in or on the subject property are hereby excluded from the sale
and will be removed when we vacate the premises:
(List) : ~-~/
G. Post-Closing Occupancy: The undersigned Sellers hereby elect to
continue to occupy the property after closing as a Tenant under a lease agreement
with-the Buyer to be signed at closing in form substantially as attached hereto,
which lease will provide for the zight to occupy the premises until November 1,
2002, at no rent. Further, provided that in the event the undersigned Seller has
entered into a lease with the School Board of Palm Beach County on or prior to
November 1, 2002, which lease is acceptable to the School Board of Palm Beach
County and provides for the Seller's right to continue to occupy the premises
after the conveyance of the property by the Buyer to the School Board of Palm
Beach County, the Seller shall have the right to continue occupancy after
November 1, 2002 under the lease with the Buyer until the earlier of: December 1,
2002, or the conveyance of the subject property by the Buyer to the School Board
of Palm Beach County.
If you wish to elect this post-closing occupancy
option, please initial here: ~
H. Relocation Benefit: The Buyer hereby acknowledges that if the
subject property is occupied as of the date of closing, the occupant will receive
a relocation benefit in the amount of One Thousand Five Hundred Dollars
($1,500.00), to be paid by the Buyer to the occupant upon the occupant vacating
the subject property.
BUYER'S INITIALS:
SELLERS' INITIALS:
STANDARDS F6R RE]IL ESTATE TRANSACTIONS
A. EVIDENCE OF TITLE. (1)An abstract ~f ~%r]e prepared or brought current by a reputable and existing abstract firm (if not
ex1stlng then certified as correct by an existing firm) purporting to De an accurate synopsls of the Instruments affecting title
to Real Property recorded in the public records of the county wherein Real Property ~s located, through Effective Date It shall
commence with the earliest public records, or such later date as may be customary in the county Upon closing of this Contract, the
abstract shall become the property of Buyer, subject to the right of retention thereof by ~lrst mortgagee until fully paid (2)
A tlrl~ ln~uranc~ ~o~nf~m~n~ 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 thls Contract and those which shall be discharged by Seller
at or before closing Seller shall convey a marketable title subDect only to liens, encumbrances, exceptions or qualifications set
forth in Contract Marketable title shall be determined according to applicable Title Standards adopted by authority of The Florida
Bar and in accordance with law Buyer shall have 30 days, if abstract, or 5 days, if title commitment, from date of receiving
evidence of tltle 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 w~ll have 30 days from receipt of notice to remove the
defect(s), failing which Buyer shall, within five (5) days after expiration of the thlrty (30) day per~od, 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) pald which shall immediately be returned to Buyer If Buyer fails
to so notify Seller, Buyer shall be deemed to have accepted the title as it then is Seller shall, if t~tle is found unmarketable,
use diligent 6[~fort to correct defect(s) in title wit. ~ 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 thls Contract
B. S%TRVEY: Buyer, at Buyer's expense, within time allowed to deliver evidence of title, may have Real Property surveyed and
certlfled by a registered Florida surveyor. If the sur~ey discloses encroachments on the Real Property or that lm~rovements located
thereon encroach on setback lines, easements, lands of others, or vlolate 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 VT. hereof, title to which is in accordance with Standard A
D. LIENS: Seller shall furnish to Buyer at time of closing an affidavit attesting to the absence, unless otherwise provided for
hereln, of any financing statements, clalm~ of lien or potential llencrs 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 materlalmen in addition to Seller's lien affidavit setting forth the names of all such general contractors,
subcontractors, suppliers and materlalmen and further affirming that al! 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
E. PLACE OF CLOSING: Closing shall be held in the county where Real Property is located, at the office of the attorney of the
Buyer
F. TIME: In computing time periods of less than six (6) days, Saturdays, Sundays and state or natlonal legal holidays shall be
excluded Any t/me 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 zs of the essence in ~hzs Contract.
G. DOCt~4ENTS FOR CLOSING: Buyer shall furnish deed, owner's possession affidavit, corrective instruments, and closlng statement
H. EXPENSES: Recording of corrective Instruments shall be paid by Sei'er, recording of deed shall be pa~d by Buyer Unless
otherwise provided by law or rider to this Contract, charges for the follc ~ng related title services, namely title or abstract
charge, title examination, and settlement and closing fee, shall be paid by the party responsible for furnishing =he title evidence
in accordance with ~a~a~ra~h IV
I. SPECIAL ASSESSM~{T 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 l~en shall be considered as certified, confirmed or ratified and Seller
shall, at closing, be charged an amount ec]%~al to the last est=mate of assessment for the improvement by the public body
J. RISK OF LOSS If the Property is damaged Dy 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 restoratlo~ shall be an obllgatlon of the Seller and closing shall
proceed pursuant to the terms of Contract with restoration costs escrowed a= 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)
K PROCEEDS OF SALE; CLOSI~ 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 t.tle 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 no5 more than 5 days after closing date If Seller's t~tle is
rendered unmarketable, through no faul~ of Buyer, Buyer shall, within the 5 aa~ period, notify Seller in writing of the defect and
Seller shall have 30 days from date of receipt of such notification ~o cure %ne defect If Seller falls to t~mel¥ cure the defect,
all' deposit(s) shall, upon written demand by Buyer and 'within ~ Gays after demand, De returned to Buyer and slmu!taneously with such
repay~nent, Buyer shall return Personaltf and vacate Re~l Property and reconvey the Property to Seller by special warranty deed and
bill of sale If Buyer falls to make timely demand for refund, Buyer shall take title as is, waiving all rights against Seller as
to any lnter~en%ng defect except as may be available to Buyer by virtue of warrant~es contained in the deed or bill of sale If a
portion of the purchase price is to be derived from Institutional financing or refinancing, requlrements 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 lendlng Institution a written commitment that it wilt not withhold
disbursement of mortgage proceeds as a result of any title defect attributable to Buyer-mortgagor The escrow and closing procedure
req%/lred by this Standard may be waived if title agent insures adverse matters pursuant to Section 627 7841, F S , as amended
L. SSCROW: Any escrow agent ("Ag-hr") receiving funds or eql/lvalent is authorized and agrees by acceptance of them to deposit
them promptly, hold same in escrow and, sub~ect to clearance, disburse them in accordance wlth terms and conditions of Contract
Failure of clearance of funds shall not excuse Buyer's performance If an doubt as to Agent's duties or llablllt~es under the
provisions of Contract, Agent may, at Agent's option, continue to hold the subject matter of the escrow untll the part,es hereto
agree to its disbursement, or until a judgment of a court of competent jurisdiction shall determine the rights of the parties or
Agent may deposit with the clerk of the circuit court having ]urlsdlctlon of the dlspute Upon notlfy~ng all parties concerned of
such action, all l~ablllty on the part of Agent shall fully terminate, except to the extent of accounting for any items previously
delivered OUt of escrow If a l~censed real estate broker, Agent will comply w~th provisions of Chapter 475, F S , as amended Any
suit between Buyer and Seller where Agent is made a party because of acting as Agent hereunder, or in any suit wherein Agent
lnterpleads the subject matter of =he escrow, Agent shall recover reasonable attorneys' fees and costs incurred with these amounts
to be paid from'-and out of the escrowed funds or egulva!_~T and charged and awarded as court costs in favor of the prevailing party
The Agent shall not be liable to any party or person for m. sdellvery to Buyer or Seller of items subject to this escrow, unless such
mlsdellvery ls due to w~llful breach of Contract or gross negligence of Agent
M. ATT~)RNEY FEES; COSTS: In any litigation, including breach, enforcement or ~nterpretat~on, arising out of this Contract, the
prevailing party in such litigation which, for ~he purposes of thls Standard, shall Include Seller, Buyer, and any brokers acting
in agency or nonagency relatlonshlps authorized by Chapter 475, F S , as amended, shall be entitled to recover from the non-
prevailing party reasonable attorney's fees, costs, and expenses
N. FAILURS OF PERFORMANCE: If Buyer fails to perform thls Contract within the time specified (~ncludlng payment of all
deposit(s)), the deposlt(s) pald by Buyer and deposit(s) agreed to be paid, may be recovered and retained by or for the account of
Seller as agreed upon l~quldated damages, consideration for the execution of this Contract and In full settlement of any claims,
whereupon. Buyer and Seller shall oe relieved of all obligations under Contract, or Seller, at Seller's opt%on, may proceed ~n equity
to enforce Seller's rights under thxs 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 thls Contract, the Buyer may seek specific perfoznnance or elect
to receive the return of Buyer's deposit(s) without thereby waiving any action for damages resultlng from Seller's breach.
O. CONTRACT NOT RECORDABLE; PERSONS BOUND; NOTICE: Neither this Contract nor any notice of it shall be recorded in any public
records Thls Contract shall bind and ~nure to the benefit of the parties and their successors in interest. Whenever the context
permits, slng%~lar 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
P. CONVEYANCE: Seller shall convey title to Real Property by warranty deed, subject only to matters contained in Darmq~aDh VI.
and those otherwise accepted by Buyer Personal Property shall, at request of Buyer, be transferred by an absolute bill of sale with
warranty of title, subject only to such matters as may be otherwise provided for herein.
Q. OT~ AOR~EMENTS: NO prior or present agreements or representations shall be binding upon Buyer or Seller unless ~ncluded ~n
thls Contract No modification or change In this Contract shall be valid or u~ndlng upon the parties unless in writing and executed
by the party Or parties intended to be bound by ~t
R. WARRANTIES: Seller warrants that there are no facts known to Seller materially affectlng the value of the Property which are
not readily observable by Buyer or which have not been disclosed To Buyer
LEASE
THIS LEASE, is made by and between CITY OF DELRAY BEACH, hereinafter
called "Landlord," whose address is 100 N.W. First Avenue, Delray Beach,
Florida 33444, and
, hereinafter called "Tenant."
W I TNES SETH:
In consideration of the faithful performance of all covenants,
agreements and conditions herein contained, on the part of the Tenant to
be kept, done and performed, the said Landlord does hereby lease to the
Lessee the following described property:
~ ~Singl~ family residence ~ocated at ~-~ ~'~ ~ ~
.~,/~x~ /~6~ , Delray Beach, Florida. Said property to be in
its "as is" condition.
TO HAVE AND TO HOLD the same until November 1, 2002, at no rent.
Further, provided that in the event the Tenant has entered into a lease
with the School Board of Palm Beach County on or prior to November 1,
2002, which lease is acceptable to the School Board of Palm Beach County
and provides for the Tenant's right to continue to occupy the premises
after the conveyance of the property by the Landlord to the School Board
of Palm Beach County, the Tenant shall have the right to continue
occupancy after November 1, 2002, under the Lease with the Landlord until
the earlier of: December 1, 2002, or the conveyance of the subject
property by the Landlord to the School Board of Palm Beach County.
NOTICE TO TENANT (Pursuant to Chapter 83, F.S.)
A. Landlord designates SUSAN RUBY, ESQ., of the City Attorneys'
Office, 200 N.W. First Avenue, Delray Beach, FL 33444, as the person
authorized on its behalf to receive all notices and demands of Tenant.
THE TENANT FURTHER COVENANTS AA~ AGREES AS FOLLOWS:
1. Not to use or permit to be used the premises for any illegal,
immoral or improper purposes.
2. Not to make or permit any noise, disturbance or annoyance
whatsoever detrimental to the premises or to the comfort and peace of
neighboring residents.
3. The parties agree that the premises, including lawn and
plantings, and pool (if applicable), shall be continuously maintained in
good condition by the Tenant, including but not limited to air
conditioning and heat, appliances and/or appliance service contract,
interior pest extermination (if desired), lawn & plantings, lawn pest
control, building exterior, building interior, pool and equipment/pool
service, and that the obligation and cost of maintenance shall be borne
by the Tenant.
4. Ail charges for utilities services during the term of this
Lease, including but not limted to electric, telephone, gas/fuel, sewer,
water, and refuse collection, shall be payable by the Tenant.
5. The Tenant assume full and complete risk of loss and injury to
themselves and others which may result from the occupancy of the subject
premises pursuant to this Lease and in consideration of such tenancy, the
Tenant agrees to indemnify, save, and hold the Landlord harmless from any
and all liability, costs, claims, expenses, or damages of whatsoever
nature including defense costs, attorneys' fees, and administrative
costs.
--6. Tenant shall deliver up possession of the premises at the end
of the term in as good condition as they now are, ordinary wear and tear
excepted; Tenant acknowledges prior inspection of the premises and finds
same to be in good condition except as hereinafter noted.
7. Tenant agrees that Landlord shall have the right, upon
reasonable notice, to inspect the premises and to show the premises to
prospective Tenants or Purchasers.
8. Tenant agrees to pay the cost of repairing any and all damage
to the premises occasioned by Tenant or any other party during the term
of this Lease, including the cost of removing foreign substances from
toilets and sinks.
9. Tenant covenants and agrees that the premises shall not at any
time be occupied by more than one family or persons without
written approval of the Landlord.
10. DEFAULT: Tenant's default in the performance of the covenants
and conditions hereunder shall immediately constitute Tenant as a tenant
at sufferance and, in such event, Tenant waives all right of notice to
vacate said premises, and the Landlord shall be entitled to re-enter and
retake possession of the premises immediately and without liability for
such action.
11. Tenant agrees to pay all court costs and reasonable attorney's
fees which may be paid or incurred by Landlord or Landlord's agent
enforcing the covenants, conditions, agreements and obligations of this
Lease in the event of Tenant's default hereunder.
12. This Lease contains the entire agreement of the parties and
supersedes any and all prior agreements between them. This Lease shall
be binding upon the benefit of the parties, their Personal
Representatives, successors and assigns.
13. Tenant shall not assign the Lease, or sublet the premises or
any part thereof, or permit the premises or any part thereof to be used
or occupied by anyone other than Tenant or members of Tenant's immediate
family, without the prior written consent of Landlord.
14. Tenant is hereby prohibited from making any improvements to the
subject real property other than pursuant to its repair and maintenance
and obligations as described herein and in the event a Claim of Lien
shall be recorded against the subject property as a result of any of
Tenant's actions and such Lien shall not be discharged of record within
ten (10) days thereafter, the Tenant shall be deemed to be in default
pursuant to the terms of this Lease.
IN'WITNESS WHEREOF, the parties hereto have executed this Lease the
day and year first above written.
BY S~GNING THIS RENTAL AGREEMENT THE TENANT AGREES THAT UPON SURRENDER
OR ABANDONMENT, AS DEFINED BY THE FLORIDA STATUTES, THE LANDLORD SHALL
NOT BE LIABLE OR RESPONSIBLE FOR STORAGE OR DISPOSITION OF THE TENANT'S
PERSONAL PROPERTY.
WITNESSES: LANDLORD:
As to Landlord (2 required)
CITY OF DELRAY BEACH
By:
Printed Name:
Title:
As to Tenant (2 required)
04/~6/02
TUE 15:28 FAX
GLACIER SPORTS
RECEIVED
APR 1 6 200?
CITY MANAGER
City of Oelray Beach
April 16, 2002
Attention: Mr. David Harden-City Manager
Reference: West Delray Beach Land -Military Trail I Glacier Ice and Snow Arena
Dear Mr. Harden,
Since I presented my initial proposal to you last month, I have had the opportunity to
meet with Ms. Lula Butler and Mi'. Joe Weldon to discuss the project. I believe they both
support our neighborhood friendly Ice Arena.
Now that the city has title to the property, I would like the opportunity to present a
modified proposal to you and the city council that would result in the development of the
6 +/- acres fronting Military Trail for the Glacier Ice and Snow Arena. The modified
proposal would have Glacier Ice Arena enter into a long-term facility lease while the City
of Delray Beach would retain title to,the land and building.
As I indicated in our last meeting, I am prepared to invest my time and efforts to
assemble the required financing on behalf of the city, project coordination and design
and development of presentatiorl and working drawings. The City has many avenues
that could be followed for below market financing including, HUD section 108, the
Federal Home Loan Bank and olher public financing programs assuring the future
success of the facility.
I am confident that with the support of your office and the city council, we can develop a
premier ice-skating and community facility that will attract significant new business and
improve the quality of life for the children and families of Delray Beach. Like many other
communities in Florida, this proj,.=ct can become a reality serving the needs of all age
groups in our community without using any city revenues.
Please contact me at the Glacier corpo'rate offices (561 391-5561) to schedule a
presentation.
Si.n_,.._ly,~'~ , .,, .-
Sey Bealr, a~ Inc.
1283 West Palmetto Park Road, Boca Raton Florida 33486
56t 39t-.5.~1 I fax 561 392 5105 1 email: iacovit'zt~)msn.cam
City of Delray Beach
May 14, 2002
Attention: Mr. David Harden-City Manager
Mayor David Schmidt, Mr. Jeff Pearlman, Ms. Alberta McCarty, Ms. Pat Archer, Mr. Jon Levinson
Reference: Glacier Ice and Snow Arena / 6.2 acres on Military Trail -West Delray Beach
Dear Mr. Harden and City Commissioners,
Thank you for the opportunity to present information on this community oriented, recreation project to you
this evening.
I have enclosed a package of information to support the development of the Glacier Ice and Snow Arena in
Delray Beach.
· General highlights of the project
· Palm Beach County Economic Development report ( with project description) indicating $ 25 million
in annual business and tourism revenues generated for the community
· Community and educational benefits
· Strategic advantages the facility will have for long term success
· Indiwduals and organizations supporting the project
· Proposed project strategy
Our proposal would have the Glacier Ice and Snow Arena business enter into a long-term facility lease
while the City of Delray Beach, which would retain title to the land and building. I am prepared to invest my
time and efforts to assemble the required financing on behalf of the city, project coordination, design and
development of the facility and working drawings. The City has many avenues that could be followed for
below market financing including, HUD section 108, Brownsville Economic Development grants, the Federal
Home Loan Bank, Industrial revenue bonds and other public financing programs assuring the future
success of the facility.
The project has been previously approved for several public grants to upgrade the facility to a hurricane
shelter at the Congress Avenue location. Currently, we have requested a time extension to commit to the
grants and would have to immediately request a transfer of grant funds to this proposed site. There is no
guarantee the transfer of grants would be approved by the state Division of Emergency Management to the
Military Trail site however, with the critical shortage of shelter spaces along with the city's influence, I
believe there is a good chance of success. The Palm Beach County Tourism grant does not require the
building to be a shelter.
I am confident that with the support of your office and the city council, we can develop a premier ice-skating
and community facility that will attract in excess of $ 25 million annually for local business and improve the
quality of life for the children and families of Delray Beach. Like many other communities in Florida, this
project can become a reality serving the needs of all age groups in our community without using any
significant additional city revenues.
I believe this site is the last opportunity to locate this high profile community recreation facility in Delray
Beach. In light of the recent Olympics success, which achieved the highest television audience of any
sporting event ever broadcast, I believe this project will enjoy immediate success the day the doors open.
Please contact me with any questions.
Sincer, efy, ~ /~
~aci~e dent~~
Sey Be~co~ Inc. ~
1283 West Palmetto Park Road, Boca Raton Florida 33486
561 391-5561 / fax 561 392 5105 / email: jacovitz~,msn.com
acie
Glacier H qhl c hts
· Neighborhood friendly business
· Cool recreational activities for all age groups in the community
· Environmentally clean to the neighborhood
· Clean Air Building utilizing the latest technology and electric Zambonis
· Complimentary neighborhood automobile traffic patterns
· No business pollution, trucks, chemicals or noise
· Creates permanent jobs for Iow and middle income residents
· Develop and expand economic opportunities for local business
Complementary physical education programs with all local schools
· Create educational partnerships with local schools for career training
· Clean, safe and supervised fun for local children
· Community shows, musical ice shows, figure skating performances, adult
synchronized skating, and ice dancing performances
· Development of local talented young skaters to contend for national and
Olympic competition
· Positive media coverage for daily activities and famous visiting sports figures
· Television and film location for regional and national production
· Senior sports activities: Curling (shuffleboard on ice), group skating lessons, and
adult tap and dance classes
· Nationally accredited Handicapped skating lesson program
Host national and regional tournaments and events improving tourism revenues
· Improve the quality of life for families and children
· Charity fund raising events featuring world famous ice skating talent
· Nationally featured ice sculpting competition
· Children's Real Snow studio for winter fun in the tropics all year
· Indoor Skiing and Fitness center
COMPANY INFORMATION
SUMMARY OF ECONOMIC IMPACT
PROJECT: GLACIER ICE & SNOW ARENA
Prepared By: The Palm Beach County,
Economic Development Office
August 8, 2001
Page 1 of 7
Job Maintenance Period:
Avg. Salary:
Range Salary:
Reporting Schedule:
FINANCIAL INFORMATION
Total Project Cost:
24 months
$28,581 (based on full-time employment)
$20,000 - $60,000
Quarterly during construction, annually thereafter.
$11,300,000
Form of Corporation: Private
Name of Corporation: Sey Beacon, Inc. dba Glacier Ice & Snow Arena
953 Hyacinth Drive, Delray Beach, Fl. 33483
phone: 561-274-6888 fax: 561-274-9792
Project Location: South East Comer of Congress Ave and Lake Ida Road, Delray Beach
PCN#: Track 1) 12-43-46-07-39-001-0000 6.22 Acres/271,000 sqft or
Track 2) 12-43-46-07-39-002-0000 6.26 Acres/271,000 sqft
Current Property Owner: Sey Beacon, Inc. dba Glacier Ice & Snow Arena currently docs not own the property
where the facility will be located. The current owner of the property is:
Congress Commerce Center One - Joint Venture
1305 Poinsettia Drive, #8,
Delray Beach, Fl. 33444
Ownership: Hal Jacovitz
Management Experience:
1997 - Present Executive Arena Manager, Florida Panthers Ice Ventures
1990 - 1997 President/Owner Gold Coast Ice Arena
1985 - 1991 President/Owner Gelt Mortgage
EDO will conduct a Background Check on Mr. Jacovitz
SITE DEVELOPMENT
Site Design: Approximately 90,000 sq ft that includes two (2) icc sheets, one (1) banquet area, and one (1) studio
rink. Facility will be open year round functioning as a category 5 shelter and provide 1000 sqft space
to be used as a Business Recovery Center for Palm Beach County businesses.
Construction Schedule: 12 Months
Status of Permits: Re-zoning complete, project is being reviewed by FEMA, it is estimated that it will have
Delray Beach site plan approval by October 1, 2001
Opening date: Approximately 12 months from the start of Construction, 2003
GRANT APPLICATION INFORMATION
Amount Requested: $1,430,000
TDC Recommendation: $290,000
Direct Jobs to Create: 43 full-time and 67 part-time jobs
Indirect Job Creation Estimate: 125.52 (See Economic Impact Analysis, page 4)
· , ' Page 2 of 7
ECONOMIC IMPACT
TOURISM POTENTIAL ! ECONOMIC IMPACT PROJECTIONS
~kNN I ! A l~ ~'~ RTl M ATE
Table 1' Spending Averages by Type of Participant
Notes: The average spending per day includes fees, restaurants, groceries, gasoline, clothing, souvenirs and other
expenses.
The total Direct Economic Impact is calculated by multiplying the # of participants by the assumed average
spending per day.
The assumptions for # of hotel nights and average spending in Palm Beach County is based on information
provided by the Tourist Development Council and included in this table.
Indicator Palm Beach County Florida Counties Regional, National & Total
International
# Adult Participants 321,700 80,680 40,440 442,820
# Hotel Nights 0 25.00% 2
Bed Tax (4%) 0 $86,328 $346,166 $432,494
Average Spending per $12.50 $39.25 $135.00
day
Total Adult Direct $4,021,250 $3,166,690 $5,459,400 $12,647,340
Economic Impact
# Youth Participants Included in Adult Participation 119,003 59,649 178,652
# Hotel Nights Included in Adult Participation 15.00% 1
Bed Tax (4%) Included in Adult Participation $76,400 $127,649 $204,049
Average Spending per Included in Adult Participation $17.85 $42.50
day
Total Youth Direct Included in Adult Participation $2,124,204 $1,267,541 $3,391,745
Economic Impact
# Media / Included in Adult Participation 2,017 1,011 3,028
Professional
Participants
# Hotel Nights Included in Adult Participation 2 2
Bed Tax (4%) Included in Adult Participation $17,266 $8,654 $25,920
Average Spending per Included in Adult Participation 122 122
day
Total Media / Included in Adult Participation $492,148 $246,684 $738,832
Professional Direct
Economic Impact
· ~ ' ' Page3of7
T..abie 2: Total Direct and Output Impact
Notes: Please refer to the total direct impact by type of participant in table 1.
Calculations for Indirect Impacts:
Output Impact = Total Direct Impact X 1.5 (Output Multiplier)
Employment Impact =Direct Impact/1,000,000xl 0
· This calculation assumes that 10 jobs are created for every $1,000,000 in Direct Impact.
· Each job is estimated to provide $30,000 in salary expenses.
Direct Economic Impact
Participant Palm Beach Florida Counties Regional, National & Total
County International
Adults $4,021,250 $3,166,690 $5,459,400 $12,647,340
Youth Included in Adult $2,124,204 $1,267,541 $3,391,745
Participation
Media/ Included in Adult $492,148 $246,684 $738,832
Professional Participation
Total Direct Impact $4,021,250 $5,783,042 $6,973,625 $16,777,917
SUMMARY
Participant Palm Beach Florida Counties Regional, National & Total
County International
Total Direct Impact $4,021,250 $5,783,042 $6,973,625 $16,777,917
Total Output Impact $6,031,875 $8,674,563 $10,460,438 $25,166,876
Total Direct 40.2 l 57.83 69.74 167.78
Employment Impact
Indicator Palm Beach Florida Counties International Total
Collnty
Room Nights 0
Retail Spending $7.88
Food & Beverage $4.63
Lodging* $0.00
Total Daily $12.50
Spending
Economic Impact Assumptions
Per Day Ex ~enditures
Regional or
National
3000 23000
$14.33 $46.85
$15.11 $27.95
$9.81 $60.21
$39.25 $135.00
5000 31000
$46.85
$27.95
$60.21
$135.01
See Direct Impact
Figures
* When calculating lodging costs, this reviewer estimated that 51% of the tourists attending events at this facility will be
staying in local hotels, the remaining 49% will be accommodated by friends or family and not staying in overnight commercial
establishments. (Calculated as follows 118.05 (51%)= $60.21 )
Page 4 of 7
Geographic Distribution of Visitors
Glacier Ice & Snow Arena
Reg./Nat. & Intl (16.19%
Other FI. Counties (32.30%
(51.51%)
Direct Economic Impact by Source
Glacier Ice & Snow Arena
Reg,/Nat. & Intl (41.56%
(23.97%)
Page 5 of 7
Local Benefit Analysis From Glacier Ice and Snow Arena
-Sales Benefits from Glacier Ice and Snow Arena
% of Direct Impact Derived from Non-local Use 68.00%
Annual visits to Arena 624,500
Estimated Average Spending Per Visitor $26.87
Estimated Bed Tax $600,633
Total Out of County Visitor Spending $11,410,614
Local Capture Rate 55.00%
Sales Multiplier 2
Total Sales Effects $12,551,676
Income and Job Benefits From Glacier Ice and Snow Arena
Total Sales $12,551,676
Estimated Job to Sales Ratio (10 jobs per $1,000,000 in sales) 10
Estimated Income to Sales Ratio 30.00%
Total Employment Effects (total sales/1,000,000xl 0) 125.52
Total Income Effects $3,765,503
Estimated Average Salary Based on Income and Employment Effects $30,000
Tax Revenue Benefits from Glacier Ice and Snow Arena
Total S ales $12,551,676
State Sales Tax 6.00% $753,101
County Portion of State Sales Tax 6.00% $45,186
BED Tax 4.00% $600,633
State Gas Tax 20.6 cents per Gallon (one gallon per visitor) $128,647
County Gas Tax 12 cents per Gallon (one gallon per visitor) $74,940
Ad-valorem Taxes _24 mils per thousand (estimated building cost
(CRA Directed) $12,000,000-taxable value= est. $7,500,000) $180,000
Total Estimated Annual Tax Revenue $1,737,321
Total Estimated State Tax Revenue $881,748
Total Estimated County Tax Revenue $900,759
County Non-Bed Tax Revenue $300,126
~County Gas Tax & Sales Tax
,· "" ' Page6of7
Tax Revenue Distribution
Glacier Ice & Snow Arena
(CRA Directed) (10.10%)
Cty Gas Tax (4.20%)
St. Gas Tax (7.22%)
State Sales Tax (42.25%)
BED Tax (33.70%)
Cty Share St. Tx (2.53%)
Limiting Conditions:
The Glacier Ice and Snow Arena is a new business and financial statements are not available to review for this
operation. This evaluation was based on the estimates, assumptions and projected revenues provided by Glacier Ice
and Snow Arena. In no way is this review intended to provide a basis to determine the potential success or failure of
this project, it is only intended to provide a framework to measure the potential impact associated with the projections
Glacier Ice and Snow Arena has provided through its Grant Application to Palm Beach County. The projections
provided by Glacier Ice and Snow Arena have not been scrutinized by independent experts.
This review measures economic activity associated with visits to Glacier Ice and Snow Arena. The results assume that
any trip to the area involving a visit to the Arena should be counted as impact. This implicitly assumes that none of the
spending by Arena visitors would have occurred in its absence. Some visitors and spending would likely not be lost
if the arena was not completed, visitors would still come to the area for other purposes.
Summa~ of the, Results;
Upon project completion, visits to Glacier lee and Snow Arena will result in $12,551,676 of annual spending in the
local area. On average a client will spend $26.87 per day, excluding spending in the arena. Sixty eight percent of the
spending will be captured in the local economy. Visitor spending will add $11,410,614 in income to the county's
economy and support 125 jobs.
Page 7 of 7
Internal Rate of Return
The internal rate of return is the interest rate received for an investment consisting of payments and income that occur
at regular periods. For the purposes of this evaluation the following assumptions will be made:
1. The County's initial investment is $290,000.
2. There will be no tax revenue received relating to this project for its first year of operation.
3. Annual Tax revenues will be received in the amount of $120,000 for a period of nine years.
4. The life of the project is ten years.
Based on the aforementioned assumptions the IRR for this project is 28.83%.
Recommer~dation:
Based on the potential for job creation and increased tax revenues associated with this venture, this evaluator
recommends providing financial support to this project at some level. Additionally, the proposed use of this facility
as a category 5, hurricane shelter and business recovery center will provide tangible and intangible benefits that could
play a significant role in Palm Beach County's pre and post disaster recovery efforts in the event of a disaster.
It should be noted that Palm Beach County does not have a ice skating surface, at this time. Planet Ice has recently
closed creating a void in the local market. As proposed, the Glacier Ice & Snow Arena should provide a benefit to Palm
Beach County and complement our existing stock of tourism activities.
Comments:
According to the 1999-2000, TDC Annual Report on Tourism:
· The average spending per person per day in Palm Beach County, attending sporting events was $80
· The average room rate in 1999-2000, was $118.05 per night
· The average party size attending a sporting event in Palm Beach County and staying in a Hotel was 4.9 persons, on average
they stayed 4.1 nights.
H:~PALM BEACH COUNTY PROGRAMS',Attraction Program~.001-2002\Glacier 1CE~UMMAR~I.wod
Community and Educational Benefits
The Glacier Arena facility will consist of 90,000 square feet of space located in the City of Delray
Beach, Flonda. Glacier Arena will consist of three ice skating surfaces, school facilities for up to 500
persons, first class hockey facilities, community center for indoor and outdoor events for 3000
participants, fitness center, retail store, 1200-seat stadium for performing arts presentations, a fully
equipped ballet-training center.
The Glacier Arena will have a long-term positive impact on the quality of life for the families and children
of the region. All of the community benefits listed below currently do not exist in Palm Beach County.
They are endorsed by the residents of Delray Beach and in alignment with the Palm Beach County
Master Plan to provide Recreation and Educational programs to benefit and improve the quality of life
for the Children and families of the region. The diverse benefits to the community include:
· Long-term educational opportunity partnerships with local colleges for career training in the field
of recreation facility management, marketing, business management and commercial
refrigeration
· Accredited student internship program with local high schools, Lynn University, Florida Atlantic
University and Palm Beach Community College
· Long term partnerships with local elementary, middle and high schools for physical education
programs
Training center for children's Ballet instruction including public performances annually
· Potential training facility for the Miami City Ballet Company
· Permanent home to the Glacier Performing Arts Company with regular children's performances
· Host facility to local independent non-profit educational organizations including: Tutor time,
Boca Home School and the Delray Beach After School Recreation Program
· Host facility to the Palm Beach County Special Olympics skating program
· Permanent location for the Goldcoast Figure Skating Club to educate children ages 4 to 17 in
the pursuit of regional and Olympic achievement in the sport of figure skating
· Permanent training facility for the southeast United States to train students to compete for an
Olympic team position
· Host to the Palm Beach County career placement shows for the regions school graduates
· Permanent employment for approximately 60 Iow and middle income residents
· Participate in the County Urban Job Creation Program to provide permanent rewarding job
opportunities to Iow and middle income minodty residents
· Host facility for 28,000 grade school field trips through the science department to learn how ice
and snow are made naturally and artificially
· Permanent location for the Glacier Minor Hockey association
· Host to the Flodda Sunshine State sports games
· Host to the United States Figure Skating regional competition
· Host to the Make A Wish foundation and United Way chadty events
The Glacier Arena facility will improve the educational opportunities for more than 2,000,000 residents
living within a forty-mile radius of Delray Beach. The programs designed will accommodate children and
adults from ages 3 to 83 with an avenue to improve their physical education and help participating
students develop marketable career employment skills. As a significant added benefit, the facility has
the potential to provide 60 permanent, Iow and moderate-income job opportunities to local residents.
Challenging children's athletic and artistic potential maintains their interest in school and creates
powerful long-term positive benefits for the community in the future. The creation of the Glacier Arena
project will answer the needs of the community by providing solutions to academic problems for the 30-
year life of the facility. There is no other facility in South Florida capable of offering the diverse
educational benefits to the students of the region.
Glacier Ice and Snow Arena
County and Community Benefits:
Tourism I Business Development · Host the Florida Sunshine State Games
· Host the U. S. Figure Skating Regional Competition
· Host regional I. S. I. Skating Competition
· Host regional business conventions
· Host National I. S. I. Skating Competition
· Host Hockey International Tournament- adults
· Host regional hockey tournaments - children
· Host NHL pre-season Russian all stars
· Host NHL visiting teams during season
· Host U. S. National Broomball tournaments
· Host regional in-line skating tournaments
· Host regional community art shows
· Host regional skiing equipment shows
· Host world famous charity figure skating performances
· Host fall, winter and spring carnival events
· Palm Beach County Convention, tourism and sports events
· Produce a major new recreation tourist attraction
· Improve the quality of life for local children and families to encourage new
businesses to locate in Palm Beach County
Community Performin.q Arts Events:
Local children's ice skating performances
Local ice dancing competitions
Host regional figure skating test sessions
·
·
·
·
·
·
·
·
·
Host
Host
Host
Host
Host
Host
Christmas and Spring children's ice shows
multiple theatrical and musical ice shows annually
Glacier Ice Arena Coaches ice show
Precision Ice Skating Competition
senior citizen Ice Curling Competition
State Ice Sculpting competition
Film and Television Production: · Host local production of television commercials
· Host production of Olympic films and commercials
· Glacier specifically designed to host on location filming
· Permanent 5500 sq ff Real Snow Arena - all year
Community Programs:
· Regional school physical educational programs
· Regional school science field trips
· Permanent Palm Beach County resident discount program
· Host state Special Olympics competition for the handicapped
· Family skating sessions and instruction
· Local College facility management programs and internships
· Senior citizen ice curling and instructional programs
· Local school graduation events
Employment ! Education
Creates permanent jobs for Iow and middle income families
Regional youth employment program
Accredited with local schools and colleges to create educational
opportunities for career training in the field of marketing and recreational
facility management
Glacier Ice and Snow Arena
The Glacier facility will have many strategic advantages to maintain a
dominant industry role:
· Highly skilled, experienced and motivated management
· 10 years Local experience in the Ice Arena industry
· Substantial client mailing lists to directly market programs
· Superior geographical location: neighborhood and climate
· An avalanche of community support
· The host County and City as potential partners
· No other competitors with in a 25 mile radius
· Specific expertise in effective marketing an Ice Arena
· In excess of 28,000 school age children within a 15 mile radius
· Partnerships with the County Tourism, Convention and Sports
Commissions
· Computerized event scheduling to produce maximum revenues
· Home to the largest ski club in the country
· The highest efficiency building equipment to reduce operating
expenses
· Management commitment to clean air quality and non polluting
chemicals
· Community executives participating in the Glacier advisory panel
· The only REAL SNOW arena for children in the United States
· Low admission cost, recession proof business
· Strong relationships with the NHL and other National Figure
Skating Associations
· Large contractual commitments from independent groups and
companies
· Strong domestic and international retail sales contacts
· Perfected marketing techniques to produce long term revenue
growth
· Gold Metal rated instructional staff to produce Olympic contenders
· Accredited handicapped skating program
· Accredited with local schools and colleges to offer career training
in the field of recreational facility management.
· Glacier will become a leading Performing Arts Arena for Ice Shows
Glacier Ice and Snow Arena
The following is list of individuals and organizations that have enthusiastically endorsed
the Glacier Ice and Snow Arena project.
Florida Congressman Robert Wexler
State Senator Ron Klein
· Palm Beach County Assistant County Administrator Verdinia Baker
Delray Beach City Council
· Delray Beach Community Improvement Director Lula Butler
· Delray Beach Community Redevelopment Agency Director Diane Dominguez
· Delray Beach Recreation Director Joe Weldon
· Coca Cola - Prestige Account division- Scoff Stephens
· Palm Beach County- Emergency Management Director- Bill O'Brien
· Palm Beach County-Housing and Urban Development Director-Remar Harvin
· Palm Beach County-Economic Development Director- Robert Turk
· Palm Beach County-Tourist Development Director-Charles Lehmann
· Palm Beach County-Business Development Director- Gary Hines
· American Red Cross Director-Bill Dion
· Palm Beach County-Department of Public Safety- Paul Milelli
· Palm Beach County Commis,,~oner-Burt Aaronson
· Palm Beach County Commissioner- Mary McCarty
· Palm Beach County Commissioner-Addle Greene
· Palm Beach County Commissioner-Warren Newell
· Palm Beach County Commissioner-Carol Roberts
· Palm Beach County Commissioner-Tony Masilotti
· Palm Beach County Commissioner-Karen Marcus
· Palm Beach County Commis~ ~,loner- Sports Commissioner Para Gerig
· Delray Beach Chamber of Commerce-President William Wood
· Palm Beach County-Handicapped Children's Division
· Florida Goldcoast Figure Skating Club President Debbi Shapiro
· Palm Beach Culinary Arts Institute-Kevin Clewes
· Florida Scholastic Hockey Association- President -Peter Pearlman
· William Theis and Company- Miller Beer
· Peter Glenn Ski and Sport-
· South West Airlines- West Palm Beach Division
· Lowes Home Improvement- Doug Wokurka-Manager
· Florida Broomball League- Chris Carr
· Hockey International Tournament- Alan Carron
· Palm Beach County School District- recreation programs
· Broward County School District- recreation programs
· Florida Sunshine State Games- annually
· National Hockey League- Practice Schedule
· American Hockey Association: AAA pro hockey expansion
Proposed project strategy
· The real estate and building would be owned by The City of Delray
· The Glacier Ice and Snow Arena business would enter into a long-term lease with
the city conforming to financing and grant guidelines.
· Glacier would commit the time and efforts to assemble the required financing on
behalf of the city including the HUD section 108 Community facilities program, the
Brownsville Economic Development grants, the Federal Home Loan Bank, industrial
development bonds and other public programs that could finance the project. Palm
Beach County has been fully informed of this project and has indicated strong
support.
· Throughout North America, over 80% of all ice arena facilities have municipal
involvement including a similar land lease at the Incredible Ice Arena facility in Coral
Springs Florida
· Glacier would assign all Federal and County grant money (as permitted), to the City
of Delray-
FEMA- hurricane shelter grant $ 873,000
Palm Beach County Toudsm grant $ 290,000
Palm Beach County EMPA .qrant for ,qenerator (to be applied for)-$125,000
Total: $1,288,000
· Glacier would commit the time and efforts to transfer all grants obtained for the
facility
· Glacier would assign all project development documents to the City Of Delray
including plan design and development of presentation drawings. All classified
technical and design specifications would become integrated into the construction of
the facility
· Glacier would provide all aspects of arena operations, scheduling, management,
engineering and refrigeration expertise, customer databases, 10 years of customer
good will from Goldcoast Ice Arena and a long-term management commitment to the
project.
· During construction, Glacier will provide project coordination and supervision with a
short-term agreement
· Glacier will market the facility regionally and nationally to host Figure skating and
hockey events, which will develop significant positive financial impact to local
businesses.
· Glacier will assemble all suppliers, vendors and provide all inventory for operations
of a first class facility.
Memo
To.' City Commission
Froa~ David Harden ~-~4//
CC:
~ May 8, 2002
R~. FY 2003 Budget Priorities
I have just begun meeting with depariment heads to review their budget requests for the
coming year. It would be most helpful to us to know at this point any particular budget
priorities you may wish to emphasize next year.
The attached Table of Contents from this year's proposed budget lists all of our programs for
delivering services. I suggest reviewing this list and thinking about each program. Are there
any you perceive as having problems or needing strengthening? Are their additional services
we should add to particular programs, or new programs we should create? Are we doing
anything we do not need to do any longer, or which we should shift to another level of
government or the private sector?. Are their any new capital projects you would like to
propose?
Now is the best possible time to give any guidance you might have in response to these
types of questions.
Table of Contents
City of Dclra> Bcach, Florida
2001-02 Proposed Budget
The highlighted titles below correspond to the tabbed dividers found in this document. All departmental budget pages
are organized by fund, beginning with the General Fund, and are numbered using a conventional number format (i.e. 1,
2, 3, etc.). All other sections use a letter before the number indicating what section it is (i.e. Synopsis section numbering
is SI, S2, etc.; Capital is C1, C2, etc.). We have also included an alphabetical listing of departments at the end of the
table of contents for quick reference when searching for a particular department.
INTR OD UCTION
Investigation and Special Operations ........................ 81
City Manager's Message ................................................. i
SYNOPSIS AND GRAPHICS
What's Included in this Document ............................... SI
City Organizational Chart ............................................ S2
Department Heads ....................................................... S3
Budget Policies and Procedures ................................... S4
General Fund Revenue Projections
and Critical Assumptions .......................................... S9
General Fund Revenues & Expenditures Summary... S 14
Millage and Tax Revenue Projections ....................... S 15
Budget Summary By Department .............................. S 16
Summary of Staffing Levels ...................................... S 17
GENERAL FUND
General Fund R~venues ................................................. 1
Expenditures by Department
City Commission ........................................................... 5
City Manager ................................................................. 9
Public Information .................................................... 13
City Attorney ............................................................... 17
Human Resources ........................................................ 2 I
City Clerk ................................................................... 25
Finance Department ................................................. 29
Financial Administration .......................................... 30
Purchasing ................................................................. 33
Management Information Systems ............................ 36
Administrative Services Department .......................... 39
Administration ......................................................... 40
Public Works Administration .................................... 43
Street Maintenance ................................................... 46
Traffic Operations ..................................................... 49
Street Lighting ......................................................... 52
Parking Facilities ...................................................... 55
Building Maintenance ............................................... 58
Tennis Center ............................................................ 61
Delray Swim and Tennis Club ..................................65
Tennis Stadium ......................................................... 69
Police Department ...................................................... 73
Administrative Services ............................................ 74
Support Services ....................................................... 78
District 1 ................................................................... 84
District 2 ................................................................... 87
District 3 ................................................................... 90
Community Justice Initiative ..................................... 93
Fire Department ........................................................... 97
Administration ......................................................... 98
Highland Beach ....................................................... 102
Operations ............................................................... 104
Emergency Management .........................................107
Fire Safety ............................................................... 110
Planning and Zoning .................................................. 113
Community Improvement Department ..................... 117
Administration ........................................................ 118
Building Inspection ................................................. 121
Code Enforcement ................................................... 124
En~,~neermg ............................................................ 127
Parks and Recreation Department ............................. 131
Administration ........................................................ 132
After School Program ............................................. 135
Summer Day Camp ................................................. 138
Teen Center ............................................................. 141
Athletics and Special Events ................................... 144
Ocean Rescue .......................................................... 147
Community Center .................................................. 150
Veteran's Park Recreation Facility ......................... 153
Pompey Park .......................................................... 156
Parks Maintenance .................................................. 159
Cemetery ............................................................... 162
Miscellaneous Expenditures ...................................165
Downtown Business Area Plan ..................................166
Grants and Aids ......................................................... 167
Old School Square ..................................................... ! 68
Library ....................................................................... 169
Debt Service ............................................................... 170
Transfers .................................................................... 171
WA TER AND SEWER FUND
Water and Sewer Fund Revenues .............................. 173
Expenditures by Department
Utilities Customer Service ......................................... 175
Environmental Services Department ......................... 179
Environmental Services Administration ................. 180
Water Treatment and Storage ................................. 184
Environmental Compliance .................................. 189
Sewage Treatment ................................................... 193
T1
· City of Delray Beach, Florida
2001-02 Proposed Budget
Table of Contents
Water Distribution .................................................. 196
Wastewater Collection ............................................ 200
Water Maintenance ................................................. 204
Lit~station Maintenance .......................................... 208
Construction Services ............................................. 212
Capital ........................................................................ 216
Transmission/Storage Project .................................... 217
Miscellaneous Expenditure ........................................ 218
Debt Service .............................................................. 219
Transfers ................................................................... 220
OTHER OPERA TING FUNDS
Community Development Block Grant Fund ............. 221
Sanitation Fund .......................................................... 235
Neighborhood Stabilization Program ...................... 237
Recycling Program .................................................. 240
Beautification Trust Fund .......................................... 245
City Marina Fund ....................................................... 253
Beach Restoration Fund ............................................ 257
Delray Beach Municipal Golf Course ........................ 261
Lakeview Golf Course ............................................... 271
Stormwater Utility Fund ............................................ 281
INTERNAL SER VICE FUNDS
City Garage Fund ....................................................... 295
Insurance Fund ........................................................... 303
CAPITAL FUNDS
Capital Improvement Budget ...................................... CI
APPENDIX
Supplemental Information and Demographics ............ A1
2000-01 Calendar ....................................................... A9
Budget Amendment Policies ..................................... Al2
Budget Formats ......................................................... A 13
Glossary of Terms ..................................................... Al4
Alphabetical Listing of Departments
Administrative Services ............................................... 39
City Garage ............................................................. 295
Lakeview Golf Course ............................................ 271
Municipal Golf Course ............................................ 261
Public Works ............................................................ 43
Stormwater Utilities ................................................ 281
Tennis Center ............................................................ 61
Delray Swim and Tennis Club .................................. 65
Tennis Stadium ...................................................... 69
City Attorney ........................................................ 17
City Clerk .................................................................... 25
City Commission ............................................................ 5
City Manager ................................................................. 9
Community Improvement .......................................... 118
Community Development ....................................... 221
Sanitation ................................................................ 235
Environmental Services ............................................. 179
Engineering ............................................................ 127
Finance ........................................................................ 29
Risk Management ............................................ '. ....... 303
Utilities Customer Service ...................................... 175
Fire Department ........................................................... 97
Human Resources ........................................................ 21
Parks and Recreation ................................................. 131
Beautification Maintenance .................................... 245
City Marina ............................................................. 253
Planning & Zoning ................................................... 113
Beach Restoration ................................................... 257
Police Department ....................................................... 73
T2
CITY COMMISSION
CITY OF DELRAY BEACH~ FLORIDA
SPECIAL MEETING - TUESDAY~ MAY 14~ 2002
6:00 P.M. - FIRST FLOOR CONFERENCE ROOM
AGENDA ADDENDUM
THE SPECIAL MEETING AGENDA IS AMENDED BY ADDING THE FOLLOWING ITEM:
PROPOSAL FOR SETTLEMENT/ALWANI v. CITY: Consider acceptance of
proposal for settlement subject to the receipt of appropriate releases in the Alwani v. City of
Delray Beach case. Staff recommends acceptance.
Please be advised that if a person decides to appeal any decision made by the City Commission with
respect to any matter considered at this meeting, such person will need to ensure that a verbatim
record includes the testimony and evidence upon which the appeal is based. The City neither
provides nor prepares such record.
[ITY OF I]ELAI:IY BEfl£H
CITY ATTORNEY'S OFFICE
200 NW 1st AVENUE · DELRAY BEACH, FLORIDA 33444
TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755
Writer's Direct Line 561/243-7091
1993 DATE: May 14, 2002
MEMORANDUM
TO:
FROM:
City Commission ,..._------
Brian Shutt, Assistant City Attorney
SUBJECT: Settlement offer in Alwani v. City
This case arises out of an auto accident that occurred on April 3, 2000. A City
Fire truck, while traveling on northbound Federal Highway attempted to make a U-
Turn and accidentally struck the Plaintiff who was also traveling northbound on
Federal Highway along side the Fire truck.
The Plaintiff has alleged injuries to his neck and back as a result of this accident.
The Plaintiff's doctor has opined that the Plaintiff will need surgery on his back as
soon as his diabetic condition improves to allow the surgery to occur.
The Plaintiff, has offered to settle this claim for $72,500.00 inclusive of attorney's
fees and costs. At this time, the City Attorney's Office recommends acceptance of
this offer subject to the receipt of appropriate releases.
By copy of this memo to David Harden, our office is requesting that this item be
placed on the May 14, 2002 City Commission agenda as a Special Meeting item.
If you should have any questions, do not hesitate to contact me,
CC:
David Harden, City Manager
Barbara Garito, City Clerk