Res 66-03RESOLUTION NO. 66-03
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF D~I,RAY BEACH, FLORIDA, AUTHORIZING THE CITY
SI~.I.I. TO BUYER 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 BUYER AND
THE CITY OF DELRAY BEACH, FLORIDA.
V~rIEREAS, the City of Delray Beach, Florida, wishes to sell certain property located at the
comer of Wallace Drive and S.W. l0th Avenue; and
WHEREAS, the Buyer hereinafter named desires to buy the property hereinafter described
from the City of Delray Beach, Florida; and
WHEREAS, it is in the best interest of the City of Delray Beach, Florida, to sell said
property.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DI~J.RAy BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the City Commission of the City of Delray Beach, Florida, as Seller, hereby
agrees to sell to J. David Roof, William H. Roof and linda M. Roof, as Buyers, for the purchase
price of Ten Thousand Dollars and 00/100 cents ($10,000.00), said property being more parficnlar
described as follows:
See Exhibit "A"
Section 2. That the terms and conditions contained in the contract for sale and purchase
and addenda thereto between the City of Delray Beach, Florida, and the Buyer as hereinabove
named are incorporated herein as Exhibit "B".
_4)AND ADOPTED in regnhr session on the ~,~ day of
~ 2003.
ATI'EST: ~
City Clerk
SKETCH OF DESCRIPTION
£XHefr ',4"
5~'EET I OF 2
N~. ~
4 AND POIVT OF
BEGtdfN~ FOR
PARCEL"A"
NORTH I..J~-
OF LOT 4
',4STERL Y PROJECTION
OF NORTH ~ OF LOT 4
N88"O5T'T.
72.95'
ORDER NO. 01-42"RW"
v'C"-----
_1
R. = 2,.~00'
NOTE~*
T/'I~ /S NOT A SURVEY
CA. = CENTRAl. ANQ.E
R =RADUE
~ = C~VT~UV~
TIE EAST lIVE OF LOTS 4~ 5
$ A,.,~UIWED TO 8E,4R N22T~6~.
DATE.' AUGUST 14. 2003
O'B~IEN, SUITER W O'BRIEN, INC
CER TFICA T
SURVEYoR*EA OF AUTHORIZATION ,~1LB353 ~
D~LRA Y B~ACH FLORIDA J$483'
(561) 275-4501 (561) ZJ2-JZZ,,q
SKETCH OF DESCRIPTION
DO- I' ",4"
THAT PORTION OF TIE EAST HALF (E. 1/_2) OF TH~ 80 FOOT ROAD RGHT OF WAY
FOR GETaUJVTOWN ROAD L ~ EAST OF LOTS ~ AND ~ &SOU~ SLeflMSO~
ACCORDI~IG TO TI-~ PLA T TI'EREOF AS ~ JV PLA T BOOK 2~ PAGE 4~
PUSUC R~COROS OF PAL~ ~CH COUN'r~, FLOR~,~ ~ As FOLLOW~'
C~ AT THE NORTHEAST ~ OF SAID LOT 4; THET~E N88~OS'T'/'E,
ALONG ~ EASTERLY PROJECT[7~ OF THE NORTH I. NE OF SAID LOT 4, A DISTANCE
SAD EASTERLY PROJEClTO~ OF TIE NORTH LIVE OF SAD LOT ~, A DISTANCE OF
29LO7 FEET TO A POJVT ON TI-~ WEST R~HT OF WA Y Li~E FOR E~W. IOTH A VENUE
AS NOW LAD OUT AND JV U~: ~ ~0"02'12","~ ALOI~ SAID WEST RGHT OF
WA Y L~ A DISTANCE OF 3~ 43 h~.~ ~ TO TI-E IVY~SttSECTION FilTH Tt~ EAST Rt~IT
OF WA Y LI~E OF THE ABAI~ 80 FOOT RGHT OF ~A Y FOR G~}~4ANTO~ ~A~
TI~ S.22~2tlb~, ALONG TI~ EAST RGHT OF WA Y L~ OF SAID GE~O~
ROAD, A fllSTANCE OF 13Z5~ ~.= ~ TO A PO~IT ON TI"IE NORTH RG~IT OF WA Y LNE
OF ~ALLACE DRIVE AS NOW LAD OUT AND ~1 USE; TI~ 5~SQ~57'48'W, ALONG
SAID NORTH ti~GHT OF WA Y I.I~, A DISTAN~ OF 2.55 FEET TO A POJVT OF
CURVA TUE OF A CURVE CONCA VE TO Tt'~ SOUTI-EAST HA VIVG A CENTRAL ANGLE
ARC OF SAID CURVE, A DISTANCE OF 4~93 FEET TO A PONT ON TIE WE'ST I. NE
OF THE EAST HALF OF TI'E ABANDONED 80 FOOT RGHT OF WA Y FOR SAID
GETBI44NTOWN ROAD; TI-ENCE N22~2tI6'E, ALONG SAD WEST IJVE OF EAST HALF OF
80 FOOT RGHT OF WAY, A DISTANCE OF 180.06FEET TO TI'E POJVT OF BEGN~IC~
THAT PORTION OF LOT$12 AND 1,[ ~ S[l~ ACCORD~ TO TI-ER. AT
TI'E?~OF AS RECORD~D N PLA T BOOK 2~ PAGE 4~ PUBLIC.CORDS OF PALM BEACH
~ AT THE NORTI-F__AST CORVER OF LOT 4 0F SAID ~ SUBDIV[SOV; TI,'IBVCE
N88fl)5~ ALONG ~ EAS'II~L Y PROJEC~ OF TIE NORTH ~ OF SAID LOT 4, A
DISTANCE OF 7Z95 FEET TO A POSIT ON ~ WEST RIGHT OF WAY ~ OF SLI~. lOTH AVEt4JE
AS NO_ ~ ~ OI~I_T AI~ I~I U~ TI~ ~D~"I2'E, ALON~ SA~ WEST RIGHT OF WA Y I..I~_. A
DISTANCE OF ~43 FEET TO 77-E IVT--~CTION OF ~ EAST RGI-II' OF WAY Ut~ OF
GETBI44NTO~ ROAD AS SHOWN ON SAD PLAT OF ESOURE SUBDM570N AND THE PONT OF
BEGI~ T1-ENCE ~ SLOfl)2'12'E, ALONG SAD WE'ST RIGHT OF WAY ~ OF SAD
SLW. IOTH AVE~ A DISTANCE OF 9Z56 FEET TO A PONT ON A CURVE. CONCAVE TO ThE
NORTHWEST HA VING A CENTRAL ANGLE OF gOfl~YOO' AND A RADIJS OF 25.00 F~; THENCE
SOUTHWEST, ALONG TIE ARC OF SAID CURVE, A DISTANCE OF $~27 h~:~ TO A PONT ON
S89~57'48"W, ALONG SAD NORTH RGHT OF WA Y I_~ A DISTANCE OF 2~[49 FEET TO A
PONT ON TI"E EAST RGHT OF FFAY I~E OF SAD GERFANTOWN ROAD AND A PONT ON ThE
WE'ST UVE OF SAID LOT I.~ TI-ENCE N.22~21'I6'E, ALONG THE WEST ~ OF SAD LOTS 12
AND 13 ~ ALONG TI'~ EAST tEGHT OF WA Y LIVE OF SAD GE78vlANTOWN ROAD, A DISTANCE
CONTRACT FOR SALE AND PURCHASE
CITY OF DELRAY BEACH, a Florida municipal corporation, ("Seller"), of 100 N.W.
1a Avenue, Delray Beach, FL 37.~.~. ('Phone: 561-243-7000) and ~. DAVID ROOF, WILLIAM
IL ROOF and LINDA M. ROOF, (Buyers), o£
hereby ague that the Seller shsl! sell and Buyer shall buy the following real property ("Property")
upon the following terms and conditions:
1. DESCRIPTION: See Exhibit "A"
2. PURCHASE PRICE ................ US $10,000.00
3. 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),
if any, will, at Buyers option, be returned and this offer withdrawn. The date of this Contract
("Effective Date") will be the date when the last one of the Buyer and the Seller has signed this
offer or the dale the City Commission of the City of Delray Beach appwves this Contract. A
facsimile copy of this Contract and any signature thereon shall be considered for all purposes as
originals.
4. TITLE EVIDENCE: If Buyer chooses to obtain a tire insurance commitment, Buyer
shall do so at least 7 days before the closing date.
5. CLOSING DATE: This transection shall be closed and the deed and other closing
papers delivered following the exp/ratinn of the feasibility study period as provided for in
Paragraph L, unless extended by other provisions of the Contract.
6. 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 ½ feet in
width as to the side lines, unless otherwise specified herein); taxes for year of closing and
subsequent years; assumed mortgages and purchs~e money mortgages, if any;, provided, that
there exists at closing no violation of the foregoing.
7. OCCUPANCY: Seller warrants that 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 Prope~y
~om date of occupancy, shall be responsible and liable for maintenanc~ fi'om thst date, and shall
be deemed to have accepted Property in its existing condition as of time of taking occupancy
unless otherwise stated herein.
8. TYPEWRITTEN OR HANDWRITTEN PROVISIONS: Typewritten or handwritten
provisions shall control all printed provisions of this Contract in conflict with them.
ASSIGNABILITY: Buyer may assign Contract.
10. DISCLOSURES: Radon is a naturally occurring radioactive gas tbst when accumulated
in a building in sufficient quantities, may present health ri.~lr.~ 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 fi'om your
County Public Health Unit.
STANDARDS FOR REAL ESTATE TRANSACTION.~
A. ~: A title insneaace ~.~:;mant isaned by a Florida llcemed title imu~.
agreeing t° issne to Buy~r, uPoo recmding of the deed to Buy~, an owners policy of tide hmmmce in tbe amouat of
the purchase price, insurh~ Buyer's title to real propen'y, subject only to ]/em, enc~mhrancas, excepticm or
q~mhficatton set forth m figs Conlract and those which shall be discharged by Seller at or before closing. Seller shall
convey a marketable title subject only to liem, anctunbrances, exceptions o~ qualifications set forth in this Contract
a~d lhnse which shsll be dls~harged by Seller at or before clnsh~. Marketable title shall be de~n,-d accordin~ to
applicable title standa~ls adopted by authority of The Flor/da Bar and in accordance with law. Buyer skslJ have $
days from the dam of n~caivi~ a title commilmant to examine it. ff title is ~und defective, Buyer shall, wi/fin 5
days iernsfler, notify Seller in writi~ specifyi~ defect(s). If the defect(s) render title unmarketable, Seller will
have th~ (30) days from receipt ofnotica within which to remove file defect(s), failln_.~ which Buyer shall have the
option of either accept/~ the title as it then is or demsnding a refand of deposit(s) paid which sh~ll ;,--~diately be
returned to Buyer; thereupon Buyer and Sellcr shall release one another of all timber obligations under the
agreement. Seller will, if fide is found ~,m~ketable, use diligant effort to com~ defect(s) in title wilhin &e lime
provided therefor, includin~ the bti~%o of neceasary suits.
B. Slawev: Buyer, at Buyers expanse, withinfin~ allowed to deliver evidence oftitle amito
examine same, may have Real Property s~rveyed a~t certified by a rnsls~ered Florida surveyor, ff the survey
discloses ancroachmant on Real Property ~r that improvements located thereon encroach on sethack l/nes,
easemeats, lands of others, or violate any restrictions, Con~-ct covenants or applicable governm~tal re~lafion, the
s~,~ shall comtitoie a title defect
Real Propen'y sufllciant for the imanded nsc as described in paragraph 6, hereof; tide to which is in accordanoe with
Stnodard A.
D. IntemJ~slhy reserved.
E. Liem: Seller shall famish to Buyer at time of clod~ an affidavit atlestin~ ~o g~e
absence, ~ o~ ~ ~ ~ of ~y ~s~ m~, ch~ of~ or ~fisl ~ ~
i~ly ~i.2 ~ of cl~ ff ~ ~ ~ ~ov~ ~ ~ ~ ~t ~, ~ ~
~v~ ~1~ ~ ~v~ of ~ca' ~ ~ by ~ g~ ~, ~o~, ~, ~
~ ~ ~4~ m ~s ~ ~ ~ f~ ~ ~ of ~ ~h g~ c~, ~o~
~, ~ ~ ~ ~ ~ ~n~ ~t ~ ~ f~ ~v~ ~ r~ ~ co~
~e ~ a b~h for a ~h~-ic's ~ or a c~ for ~ We ~ ~d ~ ~ ~ ~d at clos~ of ~
F. ~: Closing shall be held in the coumy wbere the Renl Property is located~
at the office of the aiiomey or other clnsing agent designated by Seller.
-2-
Sunday or a legal holiday shall exlend to 5:00 p.m. of the next business day. Time is of the essence in this Contract
H. ~: Seller shall filrnish deed, bill of sale, mechsnlc's lien affidavit,
assli~,~.'~s of leases, ~ant and mortgagee estoppel letters and conecfive i~sl~mu~ts. Buyer shall furnish closin~
slatemen~ mOltgage, morl~age note, se, cur/ty agreement, and finsn,~ial statements.
be p~d by Buyer.
property shall b~ paid through the date of closing. In lhe event an imerim lax bill is not available as of ~e closi~
the seller shall escrow adequate funds for the payment of such taxes based upon the closin~ agents
K. ~: Cenili~l, confumed and ratified special assessment liem a~
of date of clod~ (and not as of Effeclive Date) are to be paid by Seller. Pendin~ liem as of date of closin~ shall be
assumed by Buyer. If the ir~.,,vement has been substantially completed as of Effective Date, such pe~ah,.o llen
,k*11 be considered aa certified, confumed or ratified and Selle~ shall, at closing, be chat~cd an amount equal lo the
last es~,~-te of ass~m~t for file improvement by the public body.
L. ~: The Buye~ shall have sixty (60) business days followi~
Effective Date of this Contract wi~hln which to conduct any and all feas~il/ty studies and deie~mln~tions relative
the suitability for the acquisition of the subject proper~y by lhe Buyer and file Buyer reserves the exprc~s fight
lermlnnte this Conlmct at any ~im~ during said period for any reason or no reason, in Buyer's sole discrelio~,
whereupon Buyer ~h~ll receive a full refund of all deposit mo~ies paid here~md~r. Buyer ~hsll be granted reasonable
access to lira premises to conduct such fea.libillty studie~ and determi..fiolls, illchlcthlg enviromtal assays, core
dfillins, surveys, soll s~,,?lin~ and otter such tesiins.
M. R~k of ~: If the Property is damag~l by fire or oil~r casually before closi~ ami co~t
of restoration does not ~ 3% oflt~e assessed valuation oflhe Property so asn~ged, cost of restoraiion ,k, ll be
an obligation of the Seller and closhlg shsl! proceed pursuant lo lhe t.,,,.a of lhe Conlract wifll restoration costs
esc~wed at closil~. If the cost of the restoration exceeds three percent (3%) of the assessed valuation of the
~. ,~vemenls so as.rased, Buyer shall have the option of either ~Iri~,, property as is, togelher with either the three
per ,~.t (3%) or any insurance proceeds payable by virtue of such loss o~ damage, or of cancelln2 the a~reement ami
receiving remm of deposil(s).
N. E~row: Any e~crow aSem ("Ascnt') receivins l~,,~, ~ ~ h a~ ~
a~ by ~c~m of~ m ~ ~ ~y, ~M ~ ~ ~.~. ~j~ m c~e, ~c ~
~ ~r~ ~ ~ ~ co~fi~ of ~ ~n~ F~ of cl~ of ~m4~ ~hsll ~t ~ Bu~s
~o~-~. ~ ~ ~t ~ m ~s ~ or ~b~ ~ ~ ~om of ~ ~nm~ Ag~ ~y, at
~s ~o~ c~ m ~ld ~ ~j~ ~ of ~ ~w ~! ~ ~ m~y a~ m i~ Ob~
or ,m.1 a j~ of a co~ of ~ j~on ~ ~i ,~;.,~ ~ ~eh~ of ~ p~ ~ Agmt ~y ~t
~& ~ cl~k of ~ c~t corn ~ j~ of ~ ~. U~ no~ ~ p~ co~ of ~
a~o~ ~ ~ on ~ p~ of A~t *h~l! ~ ~, ~t m ~ ~nt of ~6ng for ~y i~
~ly ~v~ o~ of ~w. ~ a ~c~ ~ esm~ ~, AE~ ~ co~iy ~ pro. iota of ~
475, F.S., ~ ~ ~y ~t ~ B~ ~ ~ ~ A~ ~ ~de a ~ ~ of ~ ~ Ag~
~, ~ ~ ~y ~t ~ AE~ ~I~ ~ ~ject ~ of ~ ~w, A~ ~ r~ov~ ~o~
a~s f~s ~ ~ ~ ~ ~ f~ ~ c~ to ~ c~g~ ~ ~s~ ~ ~ co~ ~ ~v~ of ~
~illn~ ~. p~ ~ ~t ~ ~ ~t ~ ~ble m ~y ~ ~ ~ for ~v~ ~ Bu~ or ~
of i~ ~j~ ~ ~ ~w, ~e~ ~ ~hv~ ~ ~ m ~ ~ of ~n~ ~ ~o~ ne~g~ of
Ag~
-3-
agreed upon liquidated damage~, comicle~aiicm for lhe execution of ~ ConU'act and in full seillement of any clsl,m:
whereupon, Buyer axat Seller ~h~ll be relieved of' all obligations uader ConUact; or Seller, at S¢lleffs oplion, may
proceed in equity Io enforce Sellers ti~hls under this Conlract. If, for any ~mon other than failure of Sell~ to ms~
Sellers title marketable afar diligent effo~ Seller Cslh~ neglects ~r refuses to perform ~ Contract, the Buyer may
s~ek specific performance or elect to receive the return of Buyeffs deposit(s) without thereby waivlmg any action for
~msses resuliing flora Sell~s breach.
P. Contract Not Retordable: Persons Bound: Notice: Neilt~r this Conlract nor any
notice of it shall be recorded in any public records. This Conlract shsll b/nd and enure to lhe benefit of t~ ironies
and fl~r successors in intere~ Whenever the context l~ufi~ singular shall include plwal and one ~ ~h,n
include all. Notice ~ive~l by or to the altomey for any party shall be as effective as if given by or to that ~.
Q. Conveyance: Seller ~h~11 convcy title to Real Propet~/by quit ¢lalm deed, subject only
to matters contained in P~h 6 and thoa~ otherwise accepted by Buyer. Personal Property shall, at request of
Buyer, be tran~d by an absolute bill of sale with warranty of title, subject onl~ to such matters as may be
othezwise provided fo~ herein.
~ A~r~n~: No prioz or present agreements or z~pz,~-ntalions ,h,!! be bi~ai,,.~
upon Buyer or Seller unless included in this Conlract No modification o~ chsn~¢ in this Couh~'t shall b~ valid or
bh~i~ upon the parties unless in writing and executed by lhe party or pa~tics intended to be bound by it.
S. W~rramt~: Seller wanams ~hat there are no fac~ imovm to Seller mater/ally affecting
the value of the Propen'y wkich ~re not readily observable by Buyer or which have not been dhclosed to Buyer.
BUYER: City of Delray Beach
SeffPerlman, Mayor
ATTEST:
By:..
City Clerk
Approved as to Form:
City Attorney
STATE OF FLORIDA
COUNTY OF PALM BEACH
foregoing instrument was acknowledged before me this ~ day of -~7-' ,
The
200_~ by J. DAVID ROOF who is personally known to me or who has produced
.(type of identification) as identiticaticm.
Signature of Notary Public-
State of Florida
STATE OF FLOR]DA
COUNTY OF PALM BEACH
The foregoing instroment was acknowledged before me this ~ day of ~..o7~ ,
200~ by WILLIAM II. ROOF who is personally known to me or who has produced
(type of idcntification) as identification.
State of Florida
STATE OF FLORIDA
COUNTY OF PALM BEACH
The foregoing insin~mt was acknowledged before me this ~ day of
200_~ by LINDA bi. ROOF who is personally known to me or who has produced
.(type of identification) as iden~,~
-5-
[lTV OF OELRFI¥ BEI:I[H
CITY ATTORNEY'S OFFICE
FROM:
200 NW 1st AVENUE · DELRAY BEACH, FLORIDA 33444
TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755
Writer's Direct Line: 561/243-7091
MEMORANDUM
September 11, 2003
City Commission
David Hard,en, City Manager
Brian Shutt, Assistant City Attorney
SUBJECT: Resolution 66-03 (Sale of Property to the Roofs)
Resolution No. 66-03 authorizes the City to sell property located on the corner of
Wallace Drive and S.W. 10th Avenue, Delray Beach to J. David Roof, William H.
Roof and Linda M. Roof for the purchase price of $10,000.00. Incorporated within
the resolution are the terms and conditions of the Contract for Sale and Purchase.
Please place this item on the September 23, 2003 City Commission agenda.
Please call if you have any questions.
RBS:smk
Attachments
cc: Barbara Garito, City Clerk
RESOLUTION NO. 66-03
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, AUTHORIZING THE CITY SELL TO BUYER 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 BUYER AND THE CITY OF
DELRAY BEACH, FLORIDA.
WHEREAS, the City of Delra~/Beach, Fiodda, wishes to sell certain property located at the
comer of Wallace Drive and S.W. 10"' Avenue; and
WHEREAS, the Buyer hereinafter named desires to buy the property hereinafter described from
the City of Delray Beach, Florida; and
WHEREAS, it is in the best interest of the City of Delray Beach, Florida, to sell said property.
NOW, THEREFORE, BE IT ORDAINED 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 Seller, hereby
agrees to sell to J. David Roof, William H. Roof and Linda M. Roof, as Buyers, for the purchase price
of Ten Thousand Dollars and 00/100 cents ($10,000.00), said property being more particular
described as follows:
See Exhibit "A"
Section 2. That the terms and conditions contained in the contract for sale and purchase and
addenda thereto between the City of Delray Beach, Flodda, and the Buyer as hereinabove named are
incorporated herein as Exhibit
PASSED AND ADOPTED in regular session on the day of
,2003.
ATTEST:
MAYOR
City Clerk
SK~- I CH OF. DESCRIPTION
~XH~n'"A"
~'7' I OF 2
N~ CORN~ OF
4ANDPOIVTOF
FOR
pAti~EI'A°
NORTH I_I~-
OF LOT 4
PROJEC ~
OF NORTH I..J~ OF LOT 4
ORD~ NO. O~-42~Hr'
TI~ FAST ~ O~ LOTS
$ ASSU~ED TO ~ Nm2T~6~.
DATE.. AUGUST 14, 2003
OF AUTHORIZ~
SURVEYOR AND MAPPER IN
Ct'lARgE: PAUL O. ENGLE
2601 NORTH FEDERAL
(55I) 276-4501 [561) 732-3270
SKETCH OF DESCRIPTION
EXHI T ",4"
sl-~-r 2 oF 2
THAT PORTION OFF' TI"~'EAST HALF (E. 1/'_2) OF THE 80 FOOT ROAD ~ OF WAY
FOR GE~IIANTO~ ~ L YI~IG EAST OF'LOTS 4 AND 5, ESQLIJ~ ~
ACCOt~ TO THE PLA T THEREOF AS /~ JV PLA T BOOK 2,.[ PAGE 4~
PUSUC RECORDS OF PAlM BEACH ~ FLORDA, DESCRB&D AS FOLLOWS;
~ A T TIE NORTI-EAST ~ OF SAID LOT 4; TI-k2VCE N88f135~
ALONG ~ EASTERLY PRO~C~ OF THE NORTH ~ OF SAD LOT 4, A DISTANCE
SAD EASTERLY PROJEC~ OF THE NORTH lIVE OF SA~ LOT 4, A DISTANCE OF
29.07 r"'~'T TO A POJV'r ON ~ WEST I~GHT OF WAY I..I~ F~ ,.~W. IOTH AI,,~VI.E
AS NOV/LAID OUT A/~ N USE; ~ S~0~232'F_.., ALONG SAID WEST RGHT OF
WAY I..IV~ A DISTAN3E OF 35.431-'~-i TO TI-~ ~CTION WITH TI~ EAST RIGHT
OF WAY' ~ OF ~ ~ 80 FOOT I~GHT OF WAY FOR G~64NTOWN ROAD;
TI..ENCE ~., ALONG THE F_.AST t~I~,-rI' OF WA Y I. J~ OF SAID G~E~I'OVI~
ROAD, A DISTANCE OF 132.59FEET TO A PO~VT ON THE IVORTH t~I~IT OF WAY LWE
SAID NORTH I.~GI-IT OF WAY I..I~ A DISTANCE OF 2.55 FEET TO A POJVT OF
CI.J~VATUE OF A CURVE ~VE TO THE SOUTI-~4ST HAVI~ A CENTRAL ANGLE
ARC OF SAD CURVE, A DISTANCE OF 45.93 FEET TO A PONT ON TIE WEST I. NE
OF THE F__AST HALF OF TI..~ ~ 80 FOOT I~GHT OF WAY FOR SAID
80 FOOT t~I-IT OF WAY, A DISTANCE OF 180.06 Ft!~ t TO T/'~ POJVT OF SEGN~V~
THAT PORTION OF LOTS 12 AND 1~ ES~ SU~ ACCORDE~ TO Tt~ PLAT
TI"Et~OF AS t~CORDED N PLAT BOOK 2~ PAGE 4~ PIJ~L/C /~CORDS OF PALM SEACH
COUNT~, FLORDA, DESCRBED AS FOLLOIft~.
C~ AT TI~ NORTtF_AST COtiN~ OF LOT 4 OF SAIO ~ ~ ~
N88~)5~7'E. ALON~ ~ ~ y ~ ~ ~ ~ ~ ~ ~ LOT 4, A
~T~ ~ ~ ~ TO A ~T ~ ~ ~T ~ ~ WAY ~ ~ ~ ~ A~
~T~ ~ ~ r~ / TO ~ ~C~ ~ ~ ~ST ~ ~ WA Y ~ ~
~ ~ ~ ~0~ ~ ~ ~T ~ ~ WAY ~ ~ ~
~ ~ A~ A ~T~ ~ 9Z~ ~ TO A ~ ~ A ~.~ ~ ~
~~ ~ ~ ~ ~ ~ ~ A ~T~ ~ 3~7 ~ TO A ~ ~
~5~. ~ ~ ~ ~ ~ WAY ~ A ~T~ ~ 2~49 ~ TO A
~T ~ ~ ~ LOT ~ ~ ~~ ~ ~ ~ST ~ ~ ~ LO~ ~
~ ~~ ~ST~ WAY~~ ~0~, A ~T~
OAT~: AUGUST ~, 2oo$
NO. OI-42'RW'
CONTRACT FOR SALE AND FURCHASF,
CITY OF DELRAY BEACH, a Florida municipal corporation, ("Seller"), of 100 N.W.
1~ Avenue, Delray Beach, FL 37.~.~. (Phone: 561-243-7000) and J. DAVID ROOF, WILLIAM
H. ROOF and LINDA M. ROOF, (Buyers), of
hereby agree that the Seller ,hall sell and Buyer ,~hall buy the following real property ("Property")
upon the following terms and conditions:
1. DESCRIPTION: See Exh~oit "A"
2. PURCHASE PRICE ................ US $10,000.00
3. TIME FOR ACCEPTANCE; EFFECTIVE DATE; FACSIMII,E: If this offer is not
executed byand delivered to all pmies OR FACT OF EXECUTION communicated in wxiting
between the parties prior to such offer being withdrawn by the first party si~onin,~, the deposit(s),
if any, will, at Buyer's option, be returned and this offer withdrawn. The date of this Con~act
("Effective Date") will be 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 thi~ Contract and any s~o~ture thereon ~hAll be col~idered for all purposes as
origamis.
4. TITLE EVIDENCE: If Buyer chooses to obtain a title insurance commltmmt, Buyer
shall do so at least 7 days before the closing date.
5. CLOSING DATE: This transaction ,hAl! be closed and thc deed and other closing
papers delivered following the expiration of the feas~ility study period as provided for in
Paragraph L, unless extended by other provisions of the Coniract.
6. RESTRICTIONS; EASEMENTS; LIMITATIONS:' Buyer .~hAII take title subject to:
oy governmelltaf autno~i~ ~clibns and ~ appearing On the plat or Otherwise COmmOn
to the subdivision; public utility easements of record (easements are to be located contiguous to
Real Pwpen'y lines and not more than 10 feet in width as to the rear or front lines and 7 ½ feet in
width as to the side lines, unless otherwise specified herein); taxes for year of closing and
subsequent years; assumed mortgages and purchase money mortgages, if any;, provided, that
there exists at closing no violation of the foregoing.
7. OCCUPANCY: Seller warrants that there are no parties in occupancy other than ScHer.
Seller shall deliver occupancy of Property to Buyer at time of closing tmleas 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 I/able for mni~tellallc0 from that date, and .~hnil
be deemed to have accepted Property in its existing condition as of t/me of taking occupancy
8. TYI~E~N OR HANDWRIT~N PROVISIONS: Typev,'r/tten or h~dwritton
prov/sions shall contwl all printed provisions of th!~ Contract/n conflict with them.
9. ASSIGNABILITY: Buyer may assign Contract.
10. DISCLOSURES: Radon is a ~aturally occurring radioadve gas ~h't when accumulated
in a building in suflSde~t quantities, may present health risks to persons who are exposed to it
over time. Levels of radon thnt_ exceed federal and state guidelin~ have been found in buildings
in Florich. Additional information regarding Radon or Radon testing may be obtained from y~ur
County Public Health Unit.
STANDARDS FOR REAL ESTATE TRANSACTION,q
the purchase price, insuring Buyers title to real pmpen'y, subject only to liem, enenmhrenc~, except/em or
q,~.)mcat/on set fetch in this Contract and those which ,h.. be discharged by Selle~ at or before closing, geller
convey a marketable title subject only to liens, encumbranc~ except/om or qualifications set forth in this Contract
and tho~e which .lin11 be ~ by Seller at or before clo~ing, Marketable t/fie ,~h,,n be datc'm~im-d accorai~g to
applicable title ~tandards adopted by authority of The Florida BU~ and in accorann~e with law. Buyer ~k~! have 5
days fz~rm the date of receiving a title commi~-nt to examine it If title is f~ond defective, Buyex shall, within
have thi~y (30) days f~mn receipt of ~ wOhi~ which to remove the defects), fnillng which Buyer shall have the
opt/on of eithe~ accel~g the t/tie as it ~ is or da,~ding a retired of deposit(s) paid which ,~nl! ~,,m,,diately be
returned to Buycr; ~'reupon Buyer ~,~ Seller ~I! release one enotl~ of all fu~ber ob~at/om ~md~ ~be
agreement Sel~r w~, if title is fo, md ,mmarkotable, uso diligent eft'orr to correct defect(s) in title within the ~
discloses ~e~ael~n.~nt on Paml Property or that improvements located thereon encroach on setback ~
easements, lands of ofl~ers, or violate any vestxlct/on~ Contract covenants ox applicable govenmx,~nl regulation, tho
~al]~ ~hal! CO]l,~fitul~ a ~ defl~L
Real Property suflficieat for the intended usc as dascn~oed in Pera~h 6, bereot~ t/fie to which is in acenrd*,--e with
E. Lie~: Seller shall fur~*h m Buyer at ~ne of closing an ~f~davi~ ~____~dn~ m ~
a~, ~ o~ ~ ~ ~ of~y ~*~ m~ c~ of~ ~ ~ ~
m ~ ~ ~ a~ ~ ~ h~ ~ ~ ~,ov~ or ~ ~ ~ f~ ~ (~) ~
~ ~ ~fi~ ~ ~s ~ ~4~ ~t~ f~ ~ ~ of ~ ~ ~ ~ ~
~ ~ ~ ~ ~ ~ a~ ~ ~ ~ for ~v~ ~ ~ ~ ~
~e ~ a b~ f~ a ~hanlg*s ~ ~ a cla~ for ~g~ ~ ~ ~d ~ ~ ~ ~d at ~1~ of ~
F. ~: Clo~ing shall be hHd in ~ connty wh~ tbe Renl l~ex~/is located,
at t~e office of the attorney or other clo~ng agent designated by Seller.
-2-
m na~onal legal holidara *h*!l be excluded. Any time pe~ods provided fe~ ke~Q~u w~ich ~hA!l end on ~alurday,
Sunday or a legal holiday shall exland to $:00 pan. of the next businesa day. Time is of the essence in thi~ Conlract.
aasi~,u.~t* of lemcs, t~t and moc~agee ~o~cl let~rs and con~-ctive instnm~:~s. Buyc~ ~hnl! ~ closing
L
propcn~ shall be paid through the date of closing. In th~ cvcnt an int~im tax bill is not available as of thc closing
th~ seller shall escrow adequat~ funds for thc paymcnt of such taxes based upon the clOSing agents estlr~e.
of ~*~ of closin~ (and not as of Effective Dm~) ~c to bc paid by Sollcr. p~a~ liens as of da~ of closing .qb,, be
~hslt be considered ~ coiffed, con~'~=d 0~ ml~ed 8]~J Sel~er *h~ll. at close, ~ C~l'~cd ~n ~n'~ cqua] to th~
last estlnu~ of uaessment for the improvement by the publlc body.
FeosiblllW ~tudi~: The Buyer shall hve sixty (60)
~vc D~ of ~ ~ ~ ~ m co~t ~ ~ ~ f~ s~
~ ~F f~ ~ ~n of ~ ~bj~ ~ by ~ B~ ~ ~ Bu~
~n Bu~ ~ ~ei~ a ~ ~ of ~ ~t ~ ~ ~. Bu~
~ m ~ ~ m ~ s~h fe~ s~ ~ ~-~om, ~
~lli~ ~, ~fl ~ ~ o~ ~h ~s~.
M. IUsk of ~: If the v, uecrty is damaged by rue o~ other casuahy before closing and cost
of reatorafiea does not exceed 3% of the aaaeased valuation of tt~ Property so a.m~ged, coat ofrestotatie~ dud] be
an obligation of the Seller and closing ~h. I1 proceed pursuant to the tenm of the Contzact with restoration coats
escrowed at clo~ing. If the cost of the ~toration exceede three p~cont (3%) of the aasessccl valuafian of thc
improvc-men~ so damaged, Buyer shal! have the option or eithe~ taking property as is, togethcr with eithcr the three
l~rcent (3%) or any imurancc proccods payable by virtue of such loss or damage, or of canceling the agrecme~ and
re~v~ ream or deposits).
N. F, so'ow: Any escrow agent ("Agent") receiving fmC. or equivalent is amtmfized and
a~es by acceptmce of th,~m to deposit them promptly, hold ~r,~ in ~ ,,v~. subjec~ to clearance, disburse them
in accordance with ;~..~ and conditions of this ContncC Failme of clearance of ~ma, shall not excu~ Buy~s
performance. If in doubt as to Agenfs duties or liabilities nma,~- the provision* of ~ Conh~act, Agent may, at
Aganfs option, co,,~,-- to hold tt~ subject ma~ of the escrow ~ the panics mutually a~'ee m i~s disbursem~
o~ ,,,~ a ~lpnent of a court of comp~nt ~risdi~on ,~,,n d~,,,~ t~ tights of the pa~e~ or Agent may dep~
with the clerk of the circuit court having jurisdiction of the dispu~. Upon no~,i~ all pardes concerned of ~
action, all liability on the part of A~cnt ,~,,n fully te~-*te, except to the ex~nt of acconnti,,, for any ~
l~viously delivcred out of escrow. If a licensed md estate broker, Agem will comply with prov~om of C~
475, F.$., as *,,,,~J. Any suil between Bu~ and Seller where Agcm is ,~ a party because of actin~ as Agem
hcreunder, or in any suit wherein Agent imerpleads the subject mat~ of the escrow, A~ent ~h*l! recover reasonable
attorney's fees and corn incurred with the fees and costs to be charged and assessed as court corn in favo~ of the
prevaO~n2 pa~. Pmles ~ that Age~ shall not be l~le to any party or pc~on for misdellvery to Buyer or Seller
of i~m~ subject lo this esc~w, unless such misdelivexy is due to ~ brcach of comract or ~oas negligence of
AgenL
· .d ~ successors in ~ ~ lt~ ~ pe~mi~ ~ ~ i~lude plural and one gender
' include ell Nofic~ ~ve~ by or to thc att~ney fi~r en~ perry ,h.11be es effective ~s ff~ivcn by ~ ~ ~t p~.
upon Buyer or Seller unless included in ~ Cc~ract. No mod/ficafioa o~ c1~._o_¢/n this Couh~"~ sl~s!! b~ valid
bi,~i-~ upon the parlies unless in ~igug and executed by the party or parlies inly-ivied to be bo,~ by ~
s. w~: s~n~ ~.~,~ ~t ~ ~ ~o ~ ~o~ ~ s~n~ materially affeciing
the value of ibc Property which are not readily observable by Buye~ or which have not been disclosed to Buyer.
BUYER: City of Delray Beach
By:..
SeffPerlman, Mayor
ATTEST:
By:.
City Cl~e~k
Approved as to Form:
C~ty A~orney
STATE OF FLORIDA
COUiVrY OF PALM BEACH
The foregoing instrmnc~t was acknowledged before me this ~ day of '-~07'- ,
200_~ by J. DAVID ROOF who is personally known to me or who has produced
(type of idenlificafion) as idmiificatio~
Si~hir~ of Notl~ Public-
State of Florida
STATE OF FLORIDA
COUNTY OF PALM BF_ACH
The foregoing instrument was acknowledged before me this ~ day of .~07'" ,
200_'5 by WILLIAM H. ROOF who is personally known to me or who has produced
(type of identification) as idenfificatio~
S]~ature of Notar~ Public-
State of Florida
STAT~ OF FLORIDA
COUNTY OF PALM BF_.ACH
The foregoing instnmaent was acknowledged before me this ~ day of
200_~ by LINI)A M. ROOF who is personally known to me or who has produced
(~type of identification) as id~
-5-
CC' ~ ~-~
too
NOTICE OF INTENT TO SELL REAL PROPERTY
NOTICE IS HEREBY GIVEN that the City of Delmy Beach, Florida, announces
its intention to sell the following real property:
DESCRIPTION PARCEL "A"
THAT PORTION OF THE EAST HALF (E.1/2) OF THE 80 FOOT ROAD
RIGHT OF WAY FOR GERMANTOWN ROAD LYING EAST OF LOTS 4
AND 5, ESQUIRE SUBDIVISION, ACCORDING TO THE PLAT
THEREOF AS RECORDED IN PLAT BOOK 23, PAGE 43, PUBLIC
RECORDS OF PALM BEACH COUNTY, FLORIDA, DESCRIBED AS
FOLLOWS.
COMMENCING AT THE NORTHEAST CORNER OF SAID LOT 4;
THENCE N.88°05'17"E, ALONG THE EASTERLY PROJECTION OF THE
NORTH LINE OF SAID LOT 4, A DISTANCE OF 43.88 FEET TO THE
POINT OF BEGINNING; THENCE CONTINUE N.88°05'17"E., ALONG
SAID EASTERLY PROJECTION OF THE NORTH LINE OF SAID LOT 4,
A DISTANCE OF 29.07 FEET TO A POINT ON THE WEST RIGHT OF
WAY LINE FOR S. W. 10TH AVENUE AS NOW LAID OUT AND IN USE
THENCE S.0°02'12'E, ALONG SAID WEST RIGHT OF WAY LINE, A
DISTANCE OF 35.43 FEET TO THE INTERSECTION WITH THE EAST
RIGHT OF WAY LINE OF THE ABANDONED 80 FOOT RIGHT OF WAY
FOR GERMANTOWN ROAD; THENCE S.22°21'16"W., ALONG THE
EAST RIGHT OF WAY LINE OF SAID GERMANTOWN ROAD, A
DISTANCE OF 132.59 FEET TO A POINT ON THE NORTH RIGHT OF
WAY LINE OF WALLACE DRIVE AS NOW LAID OUT AND IN USE;
THENCE S.89°57'48"VV., ALONG SAID NORTH RIGHT OF WAY LINE, A
DISTANCE OF 2.55 FEET TO A POINT OF CURVATURE OF A CURVE
CONCAVE TO THE SOUTHEAST HAVING A CENTRAL ANGLE OF
23o55'29'' AND A RADIUS OF 110.00 FEET; THENCE SOUTHWEST
ALONG THE ARC OF SAID CURVE, A DISTANCE OF 45.93 FEET TO A
POINT ON THE WEST LINE OF THE EAST HALF OF THE
ABANDONED 80 FOOT RIGHT OF WAY FOR SAID GERMANTOWN
ROAD; THENCE N.22°21'16"E., ALONG SAID WEST LINE OF EAST
HALF OF 80 FOOT RIGHT OF WAY, A DISTANCE OF 180.06 FEET TO
THE POINT OF BEGINNING.
DESCRIPTION PARCEL "B":
THAT PORTION OF LOTS 12 AND 13, ESQUIRE SUBDIVISION,
ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK
23, PAGE 43, PUBLIC RECORDS OF PALM BEACH COUNTY,
FLORIDA, DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF LOT 4 OF SAID
ESQUIRE SUBDIVISION; THENCE N.88°05'17"E., ALONG THE
EASTERLY PROJECTION OF THE NORTH LINE OF SAID LOT 4, A
DISTANCE OF 72.95 FEET TO A POINT ON THE WEST RIGHT OF
WAY LINE OF S .W 10TH AVENUE AS NOW LAID OUT AND tN USE
THENCE S.0°02'12"E., ALONG SAID WEST RIGHT OF WAY LINE, A
DISTANCE OF 35.43 FEET TO THE INTERSECTION OF THE EAST
RIGHT OF WAY LINE OF GERMANTOWN ROAD AS SHOWN ON SAID
PLAT OF ESQUIRE SUBDIVISION AND THE POINT OF BEGINNING;
THENCE CONTINUE S.0°02'12"E., ALONG SAID WEST RIGHT OF
WAY LINE OF SAID S. W. 10TH AVENUE, A DISTANCE OF 97.56 FEET
TO A POINT ON A CURVE CONCAVE TO THE NORTHWEST HAVING
A CENTRAL ANGLE OF 90°00'00'' AND A RADIUS OF 25.00 FEET;
THENCE SOUTHWEST, ALONG THE ARC OF SAID CURVE, A
DISTANCE OF 39.27 FEET TO A POINT ON THE NORTH RIGHT OF
WAY LINE OF WALLACE DRIVE AS NOW LAID OUT AND IN USE;
THENCE S.89°57'48"W., ALONG SAID NORTH RIGHT OF WAY LINE, A
DISTANCE OF 25.49 FEET TO A POINT ON THE EAST RIGHT OF
WAY LINE OF SAID GERMANTOWN ROAD AND A POINT ON THE
WEST LINE OF SAID LOT 13; THENCE N.22°21'16"E., ALONG THE
WEST LINE OF SAID LOTS 12 AND 13 AND ALONG THE EAST RIGHT
OF WAY LINE OF SAID GERMANTOWN ROAD, A DISTANCE
OF 132.59 FEET TO THE POINT OF BEGINNING.
Subject to easements, restrictions, limitations, and other matters of record for the
pumhase pdce of USS10,000.00, and other good and valuable consideration. A
Resolution of the City Commission of the City of Delray Beach, Florida authorizing the
sale of the property and on the terms and conditions set forth above, will be considered
for adoption by the City Commission at a regular meeting to be held at 7:00 p.m. on
Tuesday, September 23, 2003.
Further information, as available, may be obtained from the City Manager's Office.
CITY OF DELRAY BEACH, FLORIDA
Barbara Garito, CMC
City Clerk
Publish: The News
September 12, 2003
September 19, 2003
RECEIVED
SEP 1 20113
CITY CLERK