Res 53-02RESOLUTION NO. 53-02
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING
THE CITY TO PURCHASE FROM SEIJ.ER CERTAIN REAL
PROPERTY IN PALM BEACH COUNTY, FLORIDA, AS
DESCRIBED HEREIN, HEREBY INCORPORATING AND
ACCEPTING THE CONTRACT STATING THE TERMS
AND CONDITIONS FOR THE SALE AND PURCHASE
BETWEEN THE SELLERS AND THE CITY OF DELRAY
BEACH, FLORIDA.
WHEREAS, the City of Delray Beach, Florida, wishes to acquire a portion of a property
located at 2475 West Atlantic Avenue, Delray Beach, Florida; and
WHEREAS, the Seller hereinafter named desires to sell the property hereinafter described to
the City of Delray Beach, Florida; and
WHEREAS, it is in the best interest of the City of Delray Beach, Florida to purchase said
property.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOIJ.OWS:
Section 1. That the City Commission of the City of Delray Beach, Florida, as Buyer,
hereby agrees to purchase from Temple Sinai of Palm Beach County, as Seller, land for the purchase
price of Three Hundred Seventy Thousand Dollars ($370,000.00) and other good and valuable
consideration; said parcel being more particularly described as follows:
See Exhibit "A".
Section 2. That the terms and conditions contained in the contract for sale and
purchase and addendum thereto between the City of Delray Beach, Florida, and the Seller as
hereinabove named are incorporated herein (as Exhibit B).
2002.
PASSED AND ADOPTED in regular session on this the ~ day of~/,~ ,
A'I'TEST:
City Clerk
MAYOR
2 RES. NO. 53°02
I.AND DESCRIPTION
· ( ~ OF THE PrAT OF' 'TEHPLJ[ SINN OF PNJM ~ COUNIY' A' ~ (:IF P~ OF'
~ OF' pART. ~ RIDGE E:STATI~' FR.AT EKX)K 24. PAGE 116, ~ 1~, ~
11~ PI. AT ~ RE~ IN P'~T BOOK 46, PAGE ~ OF TI~ PUeUC RIg:X:X::I:~ oF PALM
BEAC~ COUNTY. FLDPJDA ANO EIE]NG ~ PARTICULAR2.Y OE:~CREI~ AS ~ InW~
8E];a, e41~G ,~T THE I~TH(4ST ~ OF TR~'t'.4 ~ 'IP.N::E' ~ RZg:Z:X~D~ ~1 FI.4T
BCXIK ~2. PAGE 197--201 OF. THE PUBUC ~ OF PN..M ~ CI~IN1Y. ~
~ ~ 01'06"J.T'F. AST. ~6.00 F'E~'T;
SAg) ~ I..71E~G ~ P,d, Lkl ~ COUNTY. FI. DRK~ ANO CZ~I',~G MI AREA OF 3.71
~ (161761 ~ FEE~. MORE OR ~F'~c, -
That pm-lion of Ihe rt~ht.-of-woy =f N.W. 1st Stree!
~ ~TA~S. ~r~g fo Ihe ~at ther~f as recorded
~ p~ ~ ~Y, a~r~ to lhe ~ ~ereof os re~rd~
of P~ B~ ~ly. FIoY~ descried as fo~o~s:
~ f~ to ~ c~t~ Qf s~d N.W. 1st Sffeet ~d ~ PO~T ~ BEG~ ~ ~'~'~
I~.~ feet tn I~ c~l~rKe of ~W. ~ Ave~. s~d cente~e
~h ~ mst~ly ezt~n of ~e so~ ~e of s~d ~T
wc of e non-t~t ~rve, co~e to Ihe northwest, ~ ro~ ~e Io s~ ~bt ~s N1~'02'~;
~st ~ ~~t corner of ~ ~T ~ ~E
~ mH~~ ~ t~ ~c of s~d c~ve. h~
of 47.1Z fee~ the~e ~2'54' ~4"W, qlong the ~uth d~f-of-~oy of N.W.
*~ Df ~ ~T ~ ~ 5~[ OF PALM B~ C~:
~ ~ZNT ~ ~G~
NOTICE OF INTENT TO ACQUIRE REAL PROPERTY
NOTICE IS HEREBY GIVEN, that the City of Delray Beach, Florida, is
considering the purchase of a portion of a certain real property belonging to Temple
Sinai of Palm Beach County., located at 2475 West Atlantic Avenue. The legal
description of the property ts attached to the contract on file at the City Clerk's Office.
The purchase is for Three Hundred and Seventy Thousand Dollars
($370,000.00) and is subject to the terms and conditions of the contract on file with the
City Clerk. A resolution of the City Commission of the City of Delray Beach, Flodda
authorizing the purchase of property and incorporating the terms and conditions of such
purchase will be considered for adoption by the City Commission at a meeting to be
held at 6:00 p.m. on Tuesday, July 2, 2002.
CITY OF DELRAY BEACH, FLORIDA
Barbara Garito
City Clerk
C/Ty CLEFtK
SUN-SEI~I~q~ SATURDAY, IUlqE 22, 2o~2
11F
flOTICE OF INTENT
TO ACQUIRE
REAL PROPERTY
NOTI~.E IS HEREBY GIVEN,
that-the City of Delray
Beach. FlOrida, is consld-
erin$ the purchase of a
portion of a certain real
T%mo~e belonging to
Sinai o! Palm
Beecll County, located at
2475 West Atlantic Ave-
hue. ~ legal description
of the property is at-
tached to the contract on
file at the City Clerk's of-
fice.
The purchase is for
Three Hundred and Seven-
(t~3 Thousand Dollars
70,000.00) and is sub-
ject to the terms and con-
ditions of the contract off
file ~ith the City Clerk. A
resolution of the City
Commission of the City of
Oetray Beach, Florida au-
thorizing the purchase of
property and incorporat-
ing the terms and condi-
tions of such purchase
will be considered for
adoption by the City Com-
mission at a meeting to be
held at 6'00 PM on Tues-
day, July 2.2002.
CITY OF DELRAY BEACH,
FLORIDA
Barbara Garito
City Clerk
CC'
· 1OF
SuN-s~ SATURDAY, JUNE 29, 20~2
TO ACQUIRE
· REAL PROPERTY
NOTICE IS HEREBY GIVEN,
that the City of Delrey,
Beech, Florida, Is consld-
xron the purchese of a
of e certain real
Tempe sinai of Palm
Beach County, Iocsted et
2475 ~ AtI~IUC Ave-
.u~.'rhe ~! de~ription
of the properW is at-
file at tt~ City Clerk's Of-
rice.
· The purctmee ' Is for
Three Hundred end Sev~n-
370,000.00) end is sub-
Ject tothe terms and con-
ditions of the contract on
file with the City Clerk. A
resolution of the City
Commission of the City of
Delray Beach, Florida au-
thorizing the purchase of
~)roperty and Incorporat-
ing the .terms and co. ndl-
tigris et such purchase
will be considered for
adoption by the City Com-
mission at a meeting to be
held et 6:00 PM on Tues-
,~ July 2,2002.
OF DEL,RAY-BEACH,
/~ORIDA
Barbara Gatito
Clerk
[IT¥ OF DELRrI',' BErlgH
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: June 17, 2002
MEMORANDUM
TO:
City Commission
David T. Harden, City Manager
FROM:
Susan A. Ruby, City Attorney
SUBJECT: Temple Sinai Property
The City and Temple Sinai have negotiated a contract for purchase of
approximately 3.71 acres of Temple property, plus an additional .22 acres of right-
of-way that would have otherwise reverted to the Temple upon abandonment (see
Exhibit "A" for the legal description) for $370,000.00.
In addition, the contract provides that the City will place two traffic calming devices
in an area where an additional median cut will be made, located at the northern
terminus of the remaining Temple land adjacent to Coral Trace Boulevard. Also,
the contract contemplates the City will pay up to $100,000.00, on a reimbursable
basis, for noise control measures upon the receipt of paid receipts for such work.
The sale is not contingent on the sale of the Temple lands to the School District.
The sale is subject to a reservation of a non-exclusive perpetual easement for the
use of the existing storm water retention pond on the property.
The contract provides that a closing will occur on September 30, 2002.
By copy of this memorandum to Barbara Garito, we request that the contract be
placed on the July 2, 2002 agenda for City Commission approval.
Attachments
c
RESOLUTION NO. 53 - O~
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AUTHORIZING THE CITY TO
PURCHASE FROM SELLER CERTAIN REAL PROPERTY IN PALM
BEACH COUNTY, FLORIDA, AS DESCRIBED HEREIN, HEREBY
INCORPORATING AND ACCEPTING THE CONTRACT STATING
THE TERMS AND CONDITIONS FOR THE SALE AND PURCHASE
BETWEEN THE SELLERS AND THE CITY OF DELRAY BEACH,
FLORIDA.
WHEREAS, the City of Delray Beach, Florida, wishes to acquire a portion of a property located at
2475 West Atlantic Avenue, Delray Beach, Florida; and
WHEREAS, the Seller hereinafter named desires to sell the property hereinafter described to the
City of Delray Beach, Florida; and
WHEREAS, it is in the best interest of the City of Delray Beach, Florida to purchase said property.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the City Commission of the City of Delray Beach, Florida, as Buyer, hereby
agrees to purchase from Temple Sinai of Palm Beach County, as Seller, land for the purchase price of
Three Hundred Seventy Thousand Dollars ($370,000.00) and other good and valuable consideration; said
parcel being more particularly described as follows:
See Exhibit "A".
Section 2. That the terms and conditions contained in the contract for sale and purchase and
addendum thereto between the City of Delray Beach, Florida, and the Seller as hereinabove named are
incorporated herein (as Exhibit B).
PASSED AND ADOPTED in regular session on this the day of
,2002.
ATTEST:
MAYOR
City Clerk
LAND DESCRIFrI'ION
A PORllON OF THE: PLAT OF' 'TEMPLE SINAI OF PALM iF. ACH CI3UNTI' A' RI~R.AT OF PNff OF
~ OF PNLrl', BREEZY RI[X;[ gATES' PLAT BOOK 24. PAGE 116. SI[CTION 18~ ~
THE PLAT ~ f~Cl3RDI~ IN PLAT 6CX)K 46. PAGE 55 OF THE PUBLIC RECCii:II~ OF PALM
BEAI~ CI3UNTI'. F1J3RIQA ,~10 8E]NG ~ PAR11CUt,N~Y ~ AS ~
8e;INNU~ AT THE:: NO.'~I'H~ CORNI~ OF TRACT A 'CORN. TRAC~ AS RI~ORDED IN PlAT
BOOK 82. PAGE 197--201 OF. THE PUEtUC RECORD~ OF PALM ~ CQUNTY. ~
A~ ~ ~UTH RIGHT--OF--WAY UNE OF THE LAK~ WOK'TH DRAD~M~' ~ LAI'E]~M.
That pm-tlon of Ihe right-of-way of N.W. Ist Street md N.W. 24th Avenue Qs sho~11 on the REPLAT OF PART BREEZY
REX~ ESTATES. c]ccord'~g ia Ihe PI=t thereof es record=d in Ptal Beak 24, Page 116 and PLAT OF TEM:R.E
OF PALM BEACH COUNTY, accDrding 1o lhe Plat thereof as recorded in Pl~t Book e~i, Page 53, d of the ~ Recz~ts
of Palm Be_ach C~u~ly. Florkla. descried as fal[aws:
CI~ of the ~ulfiwesf corn~ or Lol z~3 of sold REPLAT OF PART BREEZY RrJ]GE ESTATES, s~d point dso bair~ a
aA the emlerly b3~clQry of sa~d PLAT OF TEMPLE STNAI OF PALI~ I~F_AQ-I COI. NTY: thence S07'05'26'~ dong sdd
25(30 feat to the centeff~ne of said N.W. 15t Street md the POTNT OF BEGTI~ITN~. thrace NI~.'54'DzI'E, don9 said ce~edne,
1:~50.6Z fcef tO the cenlerrnle of N_W. ;~A-fh A,enue. Said center,ne being the ccntcttne of o 50 foot rkjhf-of-~my A< stm~n
on smi FIEPLAT OF PART BREEZY R]:DGE ESTATE_S; thence SOToO5'2~;"E, alan9 ~ center'~ne, 19Z..95 feat fo m klersecfbn
,4th fha easta'ly e~fension of the south Be 4f sdd PLAT OF TEMPLE: $[NAT OF PALM BEACH ~ ~ Q pobl on ihe
~rc of a non-tangent ~,rve, concave to Ihe northwest. Q rectal line Io said point bears N1;~'OP_'SE;'W; Itamce soufl,r, eeltedy
aoq the ~rc of sc=d c.r~e, hav~j Q radius of ~3~_01 feet end Q central angle of 01"~9'47'. o cksfanca of 58.29 feet fo the
most soufl~dy sodhemt corner of sdc~ PLAT OF TEMPLE SINAI OF' PALM EACH COUNTY; thence N~5'40'45"E. dong
lhe ~esf righl-of-~Qy o [ N.W. 2:~fh Avenue es sho.n on ~d PLAT OF TEMPLE STNA]: OF PALM EACH CI~I~IT'I', 3:~q5 feel;
thenca NO?"OS'~6'W. dong ~ ~esf ricjht- or-.~]y, 118.-~;~ feet fo Q Faint o! ~dr~f~e of o curve c. orr. me fo the
thmca mrlh. esterly glong tM ~rc of said curve, hQvir~ o rodiu.~ ef .~O.O0 feet and o central c~glc al 90'00'00'. a cista
of 47.1;2 feet:, thence SOP_'54' :~4"W. along fha south r. ighl-of-way of N.W. 1st Street, G5.S2. feet fo 1'ne
~ of r=dcl PLAT OF TEMPLE $:]:NA[ OF PALM OEACH COUNTY: france NOT"OS'26'W, dong sdd bomdory. L:~j. O0 loc-.1 IQ
the POXNT OF BE6TJ~ENG-
~ Imds sikJate i~ fha City Q[ DelrQy Beach. PQIm Beach Q3unfy. Florida Qnd co, lointng 9.6EG squ~ feel. 022 ~ mm'e or
I~I'BTT 'A'"
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MI(::
CONTP~ACT FOR SALE AND PIIRCHASE
PARTIES: TEMPLE SINAI OF PALM BEACH COUNTY, ("Seller") , of
, (Phone ), and the CITY OF
DELRAY BEACH, a Florida municipal corporation, ("Buyer") , of 100 N.W. 1'= 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 "Property") upon the following terms and conditions, which
INCLUDE the Standards for Real Estate Transactions ("Standard(s)") on the reverse
side hereof or attached hereto and riders and any addenda to this Contract for
Sale and Purchase ("Contract") .
DESCRIPTION:
(a)Legal description of the Real Property located in Palm Beach County,
Florida:
Attached hereto as Exhibit A
(b) Street address, city, zip, of the Property is:
II. PURCHASE PRICE: $
PAY~TT:
(a) Deposit(s) paid within three (3)
business days following the "Effective
Date" to be held in escrow by
Robert W. Federspiel, P.A. Trust Account
in the amount of
(b)
Balance to close (U.S. cash, LOCALLY DRAWN
certified or cashier's check), subject to
adjustments or proration
370,000.00
$5,000.00
$ 365,000.00
Total $ 370,000.00
III. Ti'ME 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 thigh-Contract and any signatures thereon shall be considered
for all purposes as originals.
IV. TITLE ~"~IDENCE: 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): Oabstract 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.
V. CLOSING DATE: This transaction shall be closed and the deed and other
closing papers delivered on September 30, 2002, 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~
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; Omay assign but not be
released from liability under this Contract; or .may not assign this Contract.
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.
XI. SPECIAL CLAUSES; ADDENDA: If additional terms are to be provided, attached
addendum and CHECK HE~ ,.
CITY OF DELRAY BEACH
TEMPLE SINAI OF PALM BEACH COUNTY
By: By:
Date Date
Social Security
Tax ID No. 60-0811624154C or Tax ID No. 60-08-114301-55C
Deposit(s) under Paragraph II (a) received; IF OTHER THAN CASH, THEN SUBJECT TO
CLEARANCE: ROBERT W. FEDERSPIEL, P.A
By:
BROKER'S FEE: The broker named below, including listing and cooperating brokers,
are the only brokers entitled to compensation in connection with this Contract:
Name: JACK LUPO REALTY
Listing Broker Cooperating Broker
ADDENDUM TO CONTRACT FOR SALE AND PURCHASE
SELLER:
TEMPLE SINAI OF PALM BEACH COUNTY
BUYER:
CITY OF DELRAY BEACH, a Florida municipal corporation
PROPERTY ADDRESS: Plat of Temple Sinai of Palm Beach County, Plat Book 46,
Page 53, Palm Beach County, Florida.
XI. SPECIAL CLAUSES; ADDENDA (Continued):
A. The Buyer shall have until August 29, 2002, 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. All such inspections shall be at the Buyer's sole
expense and Buyer shall obtain Releases of Lien with respect to the subject
property from all parties with whom they contract for such inspections.
B. The Seller agrees to convey to the Buyer, at closing, all
reversionary rights the Seller may have and possess in and to that certain
portion of Southwest 23=d Avenue and Southwest 24=h Avenue abutting the Seller's
property as set forth in the Replat of Part of Breezy Ridge Estates, according to
the plat thereof as recorded in Plat Book 24, Page 116 of the Public Records of
Palm Beach County, Florida, which portion of such real property is described in
Exhibit A attached hereto and made a part hereof. The parties acknowledge that
conveyance of the reversionary rights from the Seller to the Buyer would result
in the vesting of title in the Buyer in the event of abandonment of said roadways
as public rights-of-way or as a result of the vacating of the above referred-to
plat. In consideration of the Seller granting to the Buyer such reversionary
rights, the Buyer agrees to remove a section of median at Coral Trace Boulevard
at approximately the North boundary of the remaining property of Seller, and to
install a traffic-calming device along Coral Trace Boulevard in a manner and
location determined by the City.
C. This Contract is expressly contingent and conditioned upon the
approval of the same by the City Commission of the City of Delray Beach within
thirty (30) days following the Effective Date, and this Contract shall expressly
not be deemed an "offer" 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 thirty (30) days following the Effective Date, then this Contract will be
null and void and of no further force or effect.
D. The conveyance by the Seller to the Buyer shall be subject to the
express reservation by Seller of a non-exclusive perpetual Easement for the use
of the existing storm water retention p~nd located on the subject real property.
The Buyer, its successors and assigns, shall have the right to modify such
retention pond provided that the Seller's currently required storm water
retention capacity is not reduced or diminished as a result of such modification
or any future action. The Buyer shall be responsible for the maintenance of such
storm water retention pond.
E. In the event the School Board locates the athletic stadium on the
South end of its parcel adjacent to the Seller's remaining property, the Buyer
shall provide Seller with up to One Hundred Thousand Dollars ($100,000.00), on a
reimbursement basis, to allow Seller to install fences, hedges, walls, or such
other sound proofing barriers and/or improvements to the Seller's remaining
property in an attempt to mitigate the noise impact of such stadium. Prior to
incurring such expenses, Seller may obtain, at its election, the City's prior
approval for such expenditures. The said mitigation funds shall be provided to
Seller upon receipt of paid receipts for such work as shall be reasonably related
to the purposes set forth above
F. The provisions of Paragraphs XI(C) and (E) shall survive the closing
of this transaction.
BUYER'S INITIALS:
SELLERS' INITIALS:
LAND DESCRIPTION
i PORTION OF TIlE PLAT OF' '['EMpI F SIN/~ OF PALM 8F_.AQ-I COUNIY" A RI~LAT OF PART OF
'REPLAY OF PART, 8RF-FTY RIDGE E~-rATES' PLAT 800K 24-, PAGE 116, SECTION 16, TOWNSHIp
46 SOUTH, RANGE 4J EAST DE]RAY BEACH, PALM 8~ COLINT¥, FLORIOA, ACCORO(NG TO
THE PLAT THEREOF RECOROED IN PLAT 800K 46, PAGE 55 OF THE PUBLIC RECOROS OF PALM
BEACH COUNTY, FLORIDA AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEAST CORNI~ OF TRACT A 'CORAL TRACE' AS RECORDED IN PLAT
800K 8?_ PAGE 197--201 OF. THE PUBUC RECORDS OF PALM BEACH COUNTY. FLORIDA
ANO BEING THE INI'~CllON OF' THE FAST RIGHT-OF--WAY OF CORAL TRACE BOULEVARD
ANO THE SOUTH RIGHT-O-OF--WAY UNE OF THE ~ WORTH ORAINAGE DISTRICT LATERAL
THENCE NORTH 89'40*57'EAST ALONG THE SOUTH RIGHT-OF--WAY UNE OF THE: LATE~ C..At~/.
33. 548.03' FEET;
THENCE SO(.ITH 01'06-.T~"EAST, 104-.98' ~ TO A POINT ON THE ARC OF A CURVE CONCAVE
THE NORTHEAST (^ RADIAL. UNE Ti~ROUGH SAID POINT 8~ NORTH 01'06'55' EAST)
THENCE NORI'HW~y AND SOUTH~LY N_ONG ll-IE ARC OF SAID CURVE HAVING A
RAD/US OF 50.00 FEET, A ~ ANGLE OF' 168'2~57'. AN ARC DISTANCE OF' 14-7.01 FEET TO
THENCE SOOTH 01'06'55'EAs-r, 66.00 FEET;
~::)UIH 14-'05'05'~:AST. 89.,30 FE~ TO A POINT IN THE WEST UNE OF :,~d~O PI. AT OF
~NN OF PALM BEACH COUNTY;
SOU'll-I 01'06;'55"EASTo ALONG SAID WEST UNE, 115.25 FEET;
THENCE SOUTH 88'54'05'WE:5-1' TO A POINT ON THE SAID ~ RIGHT--OF--WAY UNE OF CORAL TP~
80UCEVARO, 558.08 FEET;
THE]~ICE NORl'HO1'OS'55'WE:ST ALONG THE FAST RIGHT--OF-WAY UNE OF' CORAL TRACE
E~ARO, 4-77.00 FEET TO THE POINT OF' BEGINNING.
SAID I. ANDS LYING IN PALM BEACH COUNTY. FLORIDA ANO CONTNNING AN AREA OF' 5.71
AC. RES (161761 SOLIARE FEE'O, MORE OR LESS. _
TOGETHER WITH:
That portion al~ Ihe right-of-way of N.W. Ist Street end N.W. ?_.4th Avenue os shown on the REPLAT OF PART BREEZY
RZDGE ESTATES, according lo lhe Plat thereof as recorded in Plal Book 2.4, Page 116 end PLAT OF TEMPLE: S[NA!
OF PALM BEACH COUNTY, (~ccording to lhe Plot thereof os recorded in Plot Book 46, P<3ge 53, oll of the Public Records
of Palm Brach Counly, Florida, described os follows;
at the southwest corner o1' tol 43 of said REPLAT OF PART BRFF7y RIDGE ESTATES, said point also being a point
on the eostedy boundary of said PLAT OF TEMPLE S[NA| OF PALM BEACH COUNTY; thence S07"05'26"E, along said boundary.
25.00 feet fo the centerline of said N.W. lsl Street md fha POINT OF BEGINNING; thence N82.'54'34"E, along said centerline,
130.67. feat to the cenlerline of N.W. 24th Avenue, said centerline being 1ha centerline of o 50 foot right-of-way as shown
on said REPLAY OF PART BREEZY RIDGE ESTATES; thence S07°05'26"E, aloncj said centerline, 192.95 feet fo an inlersection
with the e~sterly extension of the south line of said PLAT OF TEMPLE SINAI OF PALM BEACH COUNTY md a poinl on Ihe
arc of a non-tangent curve, concave to Ihe northwest, a radial line Io said point bears N13°O2'56"W; Ihence soulhwesterly
along the arc of sold curve, having a radius of 2252.01 fact and a central angle of 01°29'47'', o d~stance of 58.29 feet to the
mast southedy southeast corner of said PLAT OF TEMPLE STNA! OF PALM BEACH COUNTY; thence N35°40'43"E, along
fha west righf-ot'-way a[ N.W. 24th Avenue os shown on .~aid PLAT OF TEMPLE SINAI OF PALM BEACH COUNTY, 33.95 feet
thenc~ NO7°OS'26"W, along said ~;cst.ri~hl- of-way, 118.32 feet Ia a point a[ curvature of o curve concave fa the southwest;
thence northwesterly along th-- arc of said curve, having a radius et' 30.00 feet and o canfrot angle o[ 90°00'00", cl distance
of 47.12_ feet; thence S82°54'34"W, along the south r. ight-of-way of N.W- 1st Street 65.62_ feet to the easierly
boundary ot said PLAT OF TEMPLE SINAI OF PALM BEACH COUNTY; lhe~ce NOT°OS'26"W, along said boundary, ?_5.00 (eel to
the POINT OF BEGINNING.
Said la~ds situate in the City al Oelray Beach, Palm Beach Caunty, Florida and conlaining 9,663 square feet, 0.2_2 acres, more or less.
STANDARDS FOR REAL ESTATE TRANSACTIONS
A] EVIDENCE OF TITLE: (1)An abstract of title prepared or brought current by a reputable and existing abstract firm {if not
existing then certified as correct by an existing firm) purporting to be an accurate synopsis of the ~nstruments affecting title to
Real Property recorded in the public records of the county wherein Real Property is located, through Effective Date. It shall
commence with the earliest public records, or such later date as may be customary in the county Upon closing of this Contract, the
abstract shall become the property of Buyer, subject to the right of retention thereof by first mortgagee untll fully paid. (2} A
title insurance com~ltment issued by a Florida licensed title xnsurer agreeing to issue to Buyer, upon recording of the deed to
Buyer, an owner's policy of t~tle insurance in the amount of the purchase price, xnsurlng Buyer's title to Real Property, subject
only to l~ens, encumbrances, exceptions or qualification provided in this Contract and those which shall be d~scharged by Seller at
or before closing. Seller shall convey a marketable title sub]ect only to liens, encumbrances, exceptions or qual~f~catxons set forth
in Contract. Marketable title shall be determined according to applicable T~tle 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 commitment, from date of receiving evidence of
t~tle to examine ~t If t~tle is found defective, Buyer shall, w~th~n 3 days thereafter, notify Seller ~n writing specifying
defect(s). If the defect(s) render tltle unmarketable, Seller will have 30 days from recelpt of not,ce to remove the defect(s),
falling whxch Buyer shall, wlthin five (5} days after explratlon of the th/try (30) day perxod, deliver wrltten notice to Seller
either: (1) extending ~he time for a reasonable period not to exceed 120 days within which Seller shall use dlllgent effort to remove
the defects; or (2}requesting a refund of deposit(s) pald which shall /ff~edlately be returned to Buyer. If Buyer falls to so notlfy
Seller, Buyer shall be deemed to have accepted the tltle as it then is. Seller shall, if title is found unmarketable, use diligent
effort to correct defect(s) in title within the tlme provlded therefor. If Seller is unable to timely correct the defects, Buyer
shall either waive the defects, or receive a refund of deposlt(s), thereby releaslng Buyer and Seller from all further obligatlon
under this Contract
B. PL~RCIIASEMONEYMORT~A~; SECURXTYAGREEM~NTTOSEL~E~: A purchase money mortgage and mortgage note to Seller shall provide for
a 30 day grace period xn the event of default if a first mortgage and a 15 day grace perxod ~f second or lesser mortgage; shall
provxde for right of prepayment in whole or in part wxthout penalty; shall permit acceleration ~n event of transfer of the Real
Property; shall requLre all prxor lien and encumbrances to be kept in good standxng and forbid modifications of or future advances
under prior mortgage(s}; shall require Buyer to malntazn polxc~es of Insurance containing a standard mortgagee clause covering all
improvements located on the Real Property against fire and all perils ~ncluded within the term "extended coverage endorsements" and
such other risks and per~ls as Seller may reasonably requLre, in anamount equal to theLr hLghest insurable value; and themor~gage,
note and security agreement shall be otherwLse in form and content required by Seller; but Seller may only require clauses
customarily found in mortgages, mortgage notes, and security agreements generally utilized by savlng and loan ~nstxtutions or state
or national banks located ~n the county whereLn Real Property LS located. Ail Personal Property and leases being conveyed or
assigned w~ll, at Seller's option, be subject to the l~en of a securaty agreement evidenced by recorded flnancLng statements. If a
balloon mortgage, the f~nal payment wxll exceed the periodic payments thereon.
C. SURVEY: Buyer, at Buyer's expense, w~th~n t~me allowed to delLver evidence of tLtle, may have Real Property surveyed and
cert~fLed by a regLstered Florxda surveyor. If the survey discloses encroachments on the Real Property or that improvements located
thereon encroach on setback lines, easements, lands of others, or v~olate any restrxctlons, Contract covenants or applxcable
governmental regulatxon, the same shall constLtute a title defect.
E. INGRESS AND EGRESS: Seller warrants and represents that there is Ingress and egress to the Real Property sufficient for ~he
intended use as described ~n Paragraph VII hereof, title to which is in accordance w~th Standard A
G. LI~NS: Seller shall furnish to Buyer at time of closing an affidavit attesting to the absence, unless otherwise provided for
here~n, of any financing s~atements, claims of l~en or potential 1Lenors k~own to Seller and further attesting that there have been
no improvements or repaLrs co Property for 90 days In~ned~ately preceding date of closing. If Property has been lmproved, or repaxred
w%thln tha~ tlm~, Seller shall deliver releases or waivers of mechanlcs' l~ens executed by all general contractors, subcontractors,
s~pllers, and materlalmen in addition to Seller's llen aff%davlt setting forth ~he names of all such general contractors,
s~con~ractors, suppllers and ~=erialmen and further aff~%ng t~t all c~rges for ~rove~n=s or re~lrs which could se~e as a
bas%s for a ~chan%c's lien or a clalm for da~ges have been paid or wzll be pa~d at closing of th%s Contract.
H. P~ OF CLOSING~ Closing shall be held xn the cowry where Real Property ~s located, at the off~ce of the a~to~ey or o~her
closxng agent designated by Seller.
X. T~ In co~utxng tx~ perl~s of less than slx (6) days, Saturdays, S~days and state or national legal ~ll~ys ~11 be
excluded. ~y ti~ ~rl~ p~vlded for hereln which s~ll end on Satu~ay, ~y or legal holl~y shall exte~ to 5.00 p.m. of the
J. ~S FOR ~OSIN~: Seller shall fu~sh deed, b~ll of sale, const~ctlon l~en affxdav~, o~er's possession affidavit,
assig~n=s of leases, feint and ~rtgage estoppel letters, and correct~ve ~nst~n~s. Buyer shall furnish closing state~nt,
~rtgage, ~rtgage note, security agree~nt, and financing
K. ~SES: ~cumenta~ sta~s on the deed ~d reco~ng correct,ye xnst~nts s~ll ~ pa~d by Seller. ~nta~ sta~s and
int~gible t~ on the 9urc~se ~ney ~rtgage ~ any ~rtgage ass~d, ~d reco~ng of purc~se ~ney ~rtgage =o Seller, deed ~d
fin~cing state,nfs s~ll be paid by Buyer. Unless othe~se 9rovxded by law or r=der =o this Contract, c~es for the followln~
related title se~ices, namely t~tle or abstract charge, =xtle examinat=on, and settle~nt and closxng fee, shall be Dazd by
~y res~nsible for fu~ish~ng the ~xtle evidence in accordance w~h Paragraph V.
L. ~O~TI~S; ~ITS: T~es, assess~nts, rent, ~nterest, ~nsur~ce ~d other e~enses ~d revere of Property s~ll ~ prorated
through day before closxng. Buyer shall have the optzon of taking over any ex~stlng ~licies of insurance, if assu~le, ~n which
event premi~ s~ll be prorated. Cash at closing s~ll be ~ncreased or decreased as ~y ~ re~ired by proratzons to ~ ~de through
~y prior to closing or oc~pancy ~f oc~pancy ~rs before closing. ~vance rent ~d se~rx=y dens,ts will be credo=ed to Buyer.
Escrow de~sxts held by ~rtgagee will be credited to Seller. T~es shall be prorated baaed on =he current year's =~ w~th due
allow~ce ~de for ~xi~ allow~le disco~=, ho~stead and other exertions. If closz~ oc~rs a= a ~=e when the ~rrent year's
millage is not fixed, and ~rren= year's assessment ~s available, taxes will be prorat~ based u~n such assess~nt ~d the prior
year's millage. If current year's assess~nt is not available, then ~es w~ll be prorated on =he prxor year's t~. If there are
c~let~ i~r~e~nts on Real Property by J~ua~ 1st of year of closing, which z~rove~nts ~re not ~n ~xstence on J~ 1st of
=he prior year, then t~es s~ll be 9rotated ~sed upon the prior year's mxllage and a= ~ e~=~le assess~nt to be agreed u~n
between =he ~r%ies, ~ailxng which, re.est wxll be Mde to the Coun%y Proper%y ~praxser for an info~l assessment taking
consideration available exertions. ~y t~ proration based on an es=iMte shall, a= re~es= of either party, be readjusted upon
receipt of tax bill on condition ~t a 8tatemen~ ~o ~ha~ effec~ is signed a~ clos~.
M. S~ ~SES~ LI~S: CedilLa, confL~ ~d ra=~fLed special assess~nt 11~ as o~ date of clos~ (~ as of Effective
Date) are ~o be paid by Seller. Pending liens as of ~=e of closing shall be ass~d by Buyer. If the i~rovement has been
s~s=~t~ally co~leted as of Effective Date, any pendzng l~en s~ll be considered as certified, confi~d or ratifxed ~d Seller
s~ll, at closing, be charped an a~t ~al =o =he last esCx~=e of assessmen~ for the x~rove~nt by the p~l~c b~y.
___~ ........... = ..... r~z~rc
O, RI~ OF ~SS: If the Property zs ~ged by f~re or o~her casualty before closxng and cost of restoration does not ~ce~ 3% of
the assessed val~txon of the Prope~y so ~ged, cost of restoration shall be ~ obligation of ~e Seller and closzng s~ll pr~e~
pursuant =o =he te~s of Con=tact w~=h restoration costs e~crowed at closing. If the cost of restoration exceeds 3% of the assessed
valua=zon of the i~rovements so ~ged, Buyer s~ll have the optzon of ez=her t~zng Pro~r=y as %s, t~ether wxth ezther the 3% or
any ~nsurance proceeds payable by v~rtue of such loss or da~ge, or of canceling Contract and recelv~n9 retu~ of deposit
P. PROCeeDS dF SALE; CLOSING PROCEDURE: The deed shall be recorded upon clearance of funds. If an abstract of title has been
f6~nashed, evadence of tltle shall be continued at Buyer's expense to show title an Buyer, wathout any encumbrances or change which
would render Seller's t/tls unmarketable from the date of the last evadence All closLng proceeds shall be held ~n escrow by Seller's
attorney or other mutually acceptable escrow agent for a period of not more than 5 days after closang date. If Seller's t~tle
rendered unmarketable, through no fault of Buyer, Buyer shall, wathan the 5 day per[od, not~fy Seller ~n wrat~ng o~ the defect and
Seller shall have 30 days from date of receapt of such notifLcatLon to cure the defect. If Seller faals to timely cure the defect,
all deposat(s) shall, u~on wratten demand by Buyer and wathan 5 days after demand, be returned to Buyer and simultaneously wath such
repay~ent, Buyer shall return Personalty and vacate Real Property and reconvey the Property to Seller by special warranty deed and
bail of sale. If Buyer falls to make tamely demand for refund, Buyer shall take title as as, waLvLng all rLghts agaanst Seller as to
any intervening defect except as may be available to Buyer by vLrtue of warrant/es contaLned xn the deed or ball of sale. If a
portion of the purchase pr/ce is to be derived from instatutional fanancLng or refLnancLng, requLrements of the lendLng
as to place, time of day and procedures for closang, and for dLsbursement of mortgage proceeds shall control over contrary provLsion
in this Contract. Seller shall have the raght to requare fro~ the lendang instatutaon a wrxtten co~altmant that Lt wail not wathhold
disbursement of mortgage proceeds as a result of any title defect attributable to Buyer-mortgagor. The escrow and closang procedure
required by this Standard may be waived Lf tatle agent insures adverse matters pursuant to Sectaon 627.7841, P.S., as amended.
Q. SSCROW, Any escrow agent ("A~ent") rets/yang funds or equivalent is authorized and agrees by acceptance of them tO deposit them
pro~tly, hold same an escrow and, subject to clearance, disburse them an accordance wath terms and condatLons of Contract. Fa/lure
of clearance Of funds shall not excuse Buyer's performance. If an doubt as to Agent's dutaes or 1Labzlltaes under the provasions of
Contract, Agent may, at Agent's opt/on, contanue to hold the subject matter of the escrow untL1 the parties hereto agree to its
disbursement, or untal a judgment of a court of competent ]urasdactLon shall determine the rLghts of the part,es or Agent may deposit
with the clark of the cxrcuat court having ]urasdLctaon of the d/spurs. Upon notLfying all parties concerned of such action, all
laabLlity on the part of Agent shall fully term/hate, axcept to the extent of accountLng for any items prevaously delavered out of
escrow· If a licensed real astata broker, Agent wall co~%01y w/th prov~sLons of Chapter 475, F.S., as amended. Any suat batwaan Buyar
and Sallar whara Agent =s made a party bacausa of acting as Agant hareunder, or Ln any suat whereLn Agent anterpleads the subject
matter of the escrow, Agent shall recovar reasonable attorneys' faes and costs Lncurred w/th thesa amounts to be ~ald fro~andout of
the ascrowad funds or equLvalent and charged and awarded as court costs an favor of the prevaalang party. The Agant shall not be
liabla to any ~arty or person for misdelivery to Buyer or Seller of items subject to thLs ascrow, unless such misdelivery Ls due to
willful braach of Contract or gross nagligance of Agant.
R. ATTOP. NEY F~S; COSTS~ In any litLgation, anclud~ng braach, enforcement or LnterpretatLon, arasing out of this Contract, the
prevailing potty Ln such litigation which, for the purposes of thas Standard, shall Lnclude Seller, Buyer, and any brokers actLng Ln
agency or nonagency relationships authorxzed by Chapter 475, F.S., as amended, shall be entitled to recover from the non-prevailing
party reasonable attorney's fees, costs, and expenses.
S. PAILUP, E OF PERFORMANCE: If Buyer falls to perform this Contract w/thin the t/me specafied (ancluding payment of all
deposit(s)], the deposit(s) paLd by Buyer and deposit(s} agreed to be paid, may be recovered and retaaned by or for the account of
Seller as agreed upon i/gu/dated damages, consaderat~on for the executLon of this Contract and in full settlement of any claxms;
whereupon, Buyer and Seller shall be relieved of all obligations under Contract; or Seller, at Seller's option, may proceed an equLty
to enforce Seller's rLghts under thLs Contract. If, for any reason other than faalure of Seller to make Seller's tltle marketable
after diligent effort, Seller falls, neglects or refuses to perform thas Contract, the Buyer may seek specxfac performance or elect
to receive the return of Buyer's deposat(s) wLthout thereby waavang any act/on for damages resultLng from Seller's breach.
T. CONTRACT NOT RECORDAB~E; PERSONS BOUND; NOTICE: NeLther this Contract nor any notice of at shall be recorded an any publac
records. ThLs Contract shall b/nd and Lnure to the benefit of the part/es and theLr successors in Lnterest. Whenever the context
perm/ts, sxngular shall Lnclude plural and one gender shall anclude all. Not/ce g/yen by or to the attorney for any party shall be as
effectave as Lf gaven by or to that party
U. CONVEYANCE: Seller shall convey tatle to Real Property by statutory warranty, trustee's, personal representatave's or
guardxan's deed, as appropraate to the status of Seller, subject only to matters contaLned ~n Paragraph VII and those otherwase
accepted by Buyer. Personal Property shall, at request of Buyer, be transferred by an absolute bill of sale wath warranty of tatle,
sub3ect only to such matters as may be otherwise provLded for here~n.
V. OTHER AGREEMENTS: NO praor or present agreements or repreSentataons shall be bandang upon Buyer or Seller unless ancluded
thas Contract. No modLf~cation or change ~n thLs Contract shall be valid or b/riding upon the parties unless an wrLtang and executed
by the party or partaes Lntended to be~b~und by lt.
W. WARRARTIES: Seller warrants that there are no facts known to Seller materially affectang the value of the Property whach are
not readaly observable by Buyer or which have not been dLsclose~ to Buyer.
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