Res 24-97 RESOLUTION NO. 24-97
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AUTHORIZING AND DIRECTING
THE MAYOR TO EXECUTE AND DELIVER ALL DOCUMENTS
NECESSARY FOR THE CITY OF DELRAY BEACH, AS SELLER,
TO CONVEY TITLE TO THAT CERTAIN REAL PROPERTY IN
PALM BEACH COUNTY, FLORIDA, LOCATED AT 303 S.W. 2ND
AVENUE, DELRAY BEACH, FLORIDA, AS MORE PARTICULARLY
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 Delray Beach, Florida, wishes to
sell certain property located at 303 S.W. 2nd Avenue, Delray Beach,
Florida, for the purpose of providing a home ownership opportunity
under the HOPE 3 Housing Program; and
WHEREAS, the Buyer, Ganella Evans, a single woman, desires
to purchase 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 for the purpose described
above.
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, as Seller, hereby authorizes and directs the Mayor to execute
and deliver to Ganella Evans, a single woman, a warranty deed and
other related documents to convey title to the following described
property:
The South 60 feet of the North 140 feet of the West
140.6 feet of Block 56, TOWN OF LINTON (now known
as Delray Beach), according to the Plat recorded in
Plat Book 1, Page 3, as recorded in the Public
Records of Palm Beach County, Florida; said land
situate, lying and being in Palm Beach County,
Florida.
Section 2. That the terms and conditions in the contract
for sale and purchase and addenda thereto between the City of Delray
Beach, Florida, as Seller, and Ganella Evans, as Buyer, are attached
hereto as Attachment A and incorporated herein.
Section 3. That the Mayor of the City of Delray Beach,
Florida, is hereby authorized and directed to execute and deliver on
behalf of the City of Delray Beach such other documents and take such
other action on behalf of the City of Delray Beach as may be
necessary or appropriate to carry out the transactions contemplated
by the foregoing resolution.
PASSED ~ ~OPTED in regular session on this the 18th day
of February, 1997.
ATTEST:
~City- C~rk
I - 2 - Res. No. 24-97
CONTRACT FOR SALE AND PURCHASE
PA.RTIF.,S: The CITY OF DELRAY BEACH, a Florida municipal corporation, ("Seller"),.
of 100 N.W. 1st Avenue, Delray Beach, Florida 23444 (Phone: 407-243~7000) and
,.' .~uella Evans ..:, ("Buyer"), of
363' SW 2nd. Avenue, D~lray 'Beach, 'Florida 33444 .~h. one: )
'~: hereby agree that the Seller shall sell and the Buyer shall buy the following rea~l property ("Real '~.
Prop~rty") and personal prol~rty' ("Personalty") (collectively-for Real Estate Transactions ~
· 7' attached ("Standard(s)") and any addendum to this instn~ent
L DF~CRIPTION:
.'-. . (a) Legal description of Real Property located in Palm Beach County,
Floridaz ~he Sou, th 6Q 'fee. t.of t..h.e Nqrth 140 feet of the West_.. 140.6 feet,
.B~16ck :~'0, 'T_ow~.. o~ Linton .(Now _.Kno...wn as 'D_elraY B'each'~, ..... .~¢cordin~ to cher~at.
.~herepf, .as .recorded a,n.4..held in th..e_Ci, rc'u.i.t,¢gur, t of. P,,a.l,m Beach Cnty, Book 1Pg,
..~) Street address, city, zip, of the Property is: ' 3Q3 SW_2nd. Avenu.e, De. ir,ay Bea. c.h,
· '.. Florida 33444
(c) Personalty:
II. PURCHASE PlaICE: .................................... $ 72,627.5Q
!
(a) Deposit(s) to be held in escrow by N/A
in the the amount of .. $
Co) Additional escrow deposit within N/A days after Effective
Date in the amount of $
(c). Subject to AND assumption of mortgage in good standing , -
in favor o~ I~IA . ' having an approximate
present principal balance of $
(d) Purchase money mortgage and mortgage note bearing annual
interestat 7.'65 %(seeAddendum)hemin, in an amount of $ 37,000.
(e) (Sther: Homebuyer Assistafice from the Seller to be $ 34,.448.68. '
~ecured by Promissory Note/2nd Mortgage attached.
(f) Balance to close (U.S. cash, LOCALLY DKAWN certified or
cashier's ch~ck), subject to adjustments and prorations $.. 2, .178..82..
IH. TRM[E FOR ACCEPTANCE; EFFECTIVE DATE: If Otis offer is not executed by
~nd delivered to all parties OR FAC.T/OF EXECUTION communicated in writing
between the parties on or before l%a..rch 15., 1997 , the deposit(s) will, at Buyer's
opt!on, be returned to Buyer and the offer withdrawn. A facsimile copy of this Contract
for Sale and Purchase ("Contract") and any signatures hereon shall be considered for all
purposes as 'originals. 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.
IV. FINANCING:
(a) If the purchase price or any part of it is to be financed by a third-party loan, this
Contract is conditioned on the Buyer obtaining a written commitment for (CHECK (I)' or
(2) or (3)): (1) 1~1 a fixed, (2) . El an adjustable or O) El a fixed or adjustable rate loan
within 60 days after Effective Date, at an initial interest rate not to exceed ...
term of 3O years and for the principal amount of $ 36,000 . buyer will
make application within 30 .. days after Effective Date-and use reasonable diligence
to obtain the loan commitment and, thereafter, to meet the terms and conditions of the
commitment and close the loan. buyer shall pay .all loan expenses. If Buyer. fails to
obtain the commitment or fails to waive Buyer's fights under this subparagraph within
the time for obtaining the commitment or after diligent effort fails to meet the terms aiad
conditions of the commitment, then. either party thereafter by prompt written notice to the
other may cancel the Contract and Buyer shall be refunded the deposit(s).
V. TITLE EVIDENCE: At least 7 days before closing date, Seller shall, at
Seller's expense, deliver to Buyer or Buyer's attorney, in accordance with Standard A,
(CHECK (1) or (2)5: (1) El abstract of title or (2) KI title insurance commitment and,
after closing, owner's policy of rifle insurance.
VI. CLOSING DATE: This transaction shall be closed and the deed and other closing
papers delivered on or Before March 15, 1997 , unless extended by other
provisions of Contract.
VII. RESTRICTIONS; EASENIENTS; LIMITATIONS: Buyer shall take title subject to:
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 mo~ than 10 feet in width as to the rear or fr6nt lines and 7 ½
feet in width as to the side lines, ,mless 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 and none of them
prevents the use of Real Property for residential purpose(s).
VIH. OCCUPANCY: Seller warrants that there are no parties in occupancy other than Seller,
but if Property is intended to be rented or occupied beyond closing, the fact and terms
thereof shall be stated hereiri, and the tenant(s) or occupants disclosed pursuant to
Standard F. Seller agrees to deliver occupancy of Property 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 their
existing condition as of time of taking occupancy unless otherwise stated herein or in a
separate writing.
IX. TYPEWRITTEN OR HANDWRITTEN PROVISIONS: Typewritten or handwritten
provisions shall control all printed provisions of Contract in conflict with them.
X. RIDERS: (Check ifany of the following Riders are applicable and are attached to this
Contract):
a)__ Coastal Construction Control Line Rider
b)__ FHA/VA Rider
c)~ Other
XI. ASSIGNABILITY: (Check (1) or (2)): Buyer (1) m may assign or (2) m may not
assign Contract.
XIL SPECIAL CLAUSES: (Check (l) or (2)): Addendum (1)A is attached OR (2)m is
not applicable.
XI'II~ TI]HE IS OF THE ESSENCE OF THIS CONTRACT.
XIV. DISCLOSURES: Buyer__ acknowledges or ~ does not acknowledge receipt of the
agency/radon/compensation and estimated closing costs disclosure. __ BUYER'S
I]TiTIALS.
SELLER: City of Delray Beach, Florida By:.
Jay Alperin, Mayor
ATTEST:..
Deputy City Clerk
Approved as to form: ~ ."-~L
Print Name Print Name
I HEREBY CERTWY that on this day, before me, an officer duly authorized in the state
aforesaid and in the County aforesaid to take acknowledgements, p.ersonally appeared (~,,~n~,_
who are personally known to me or who have produced Df,'~fi,x'/_.,~_~¢~_ and
as identification and who executed the foregoing instrument and acknowledged before me that they
executed the sa~me, WITNESS my hand and official seal in the County and State last aforesaid this
Notary Public St~t'e-o~'Florida
SEAL My Commission Expires:
Commission No.: I[ _-.,:,~:~:,~,.... -
ADDENDUM TO CONTRACT FOR SALE AND PURCHASE
SELLER:
BUYER:
PROPERTY ADDRESS:
IXV. SPECIAL CLAUSES (Continued):
A. RADON GAS: Radon gas is naturally occuning radioactive gas that, when it has
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/:lox'ida. Additional infonnation reg~ding radon and radon testing may be
obtained from yodr county public' health unit. Paragraph L of the Standards for Real Estate
'Fransactions attached to this contract is hereby deemed.to include an inspection for radon gas.
B. FOREIGN INVESTMENT IN REAL PROPERTY TAX ACT ("FIRPTA"):
Except as otherwise, provided herein, Buyer, pursuant to Section 1445 of the Internal Revenue
Code of 1986, as amended ("Section 1445") and the regulations promulgated thereunder
(',Regulations"), shall be required to withhold such mount as is necessary to comply with the
.- Regulations and shall timely remit to the Internal Revenue Service the amount so withheld along
with properly coml~leted remittance forms. If, however, on or before closing, Seller provides
Buyer with (1) an Affidavit of Non-Foreign Status regarding Seller, (2) a Notice of Non-
Recognition Treatment, el' (3) a Withholding Certificate establishing that no, or a reduced,
amount of federal income tax is required to be withheld under Section 1445 (collectively
"Withholding Document") in proper form as required by the Regulations, and Buyer has no
knowledge or notice that the Withholding Document furnished by Seller is false, as .determined
in accordance with the Regulations, then Buyer shall not be required to withhold any portion of
the amount payable to Seller or. shall be allowed to withhold such lesser amount as is required by
the applicable Withholding Document, as the case may be, and shall submit the amount so
withheld to the Internal Revenue Service along with properly completed remittance forms.
In addition, if Seller, prior to closing, satisfies those Regulations which concern the filin~
of an application for a Withholding Document with the Internal Revem/e Service and gives
notice of such pursuant to the Regulations to Buyer and said application is still pending as of the
date of closing, then Buyer shall cooperate with Seller's reasonable request to escrow any
amount withheld at closing pursuant to the Regulations, at Seller's expense, until a final
determination is made regarding said application at which time said amount shall be disbursed in
accordance with said final determination.
In the event insufficient cash is paid by Buyer at closing to fund the Buyer's withholding
.. obligation, Seller shall deliver to Buyer at closing the amount of additional cash necessary to
5
satisfy the withholding obligation. In the event Buyer determines after the closing that the
Withholding Document provided by Seller to Buyer relieving Buyer entirely of Buyer's duty to
withhold or reducing the amount required to be withheld by Buyer was false, Buyer shall have
the authority to withhold from any additional amounts due to Seller in accordance with the
Regulations, all or such portion of .said additional amount due to Seller as Buyer deemn
necessary to comply with Section 1445 and to remit th~ amount so withheld and report such
information as required under the Regulations t6 the Internal Revenue Service.
". ADDENDUM TO STANDARDS FOR REAL ESTATE TRANSA~ONS PARAGRAPFI'~q
D AND N:
The parties.hereby agree that the time pefiod~ for the inspections refe~.xl to in gtandard D and
Standard N shall be modified to be made within se~,ea (7) days fi:om the' effective date.of this
Contract. In addition to the rights provided to Buyer ih Standard D and Standard lq, if, for any
reason, the Buyer is not satisfied with the results of such'inspections, Buyer shall have the right
to-notify Seller in writing of Buyer's election to terminate this Contract within said seven-day
ins .p~ction period and receive the return of. all deposits made hereunder.
6
STANDARDs FOR REAL ESTATE TRANSACTIONS
A. EVIDENCE OF TITLE: (i) An abstract of tire prepared or brought current by a reputable and existing abstract firm (if
no~ existing then certified as con'ec~ by an existing firm) purporting lo be ,*n. aceurate synopsis.of[he instruments affecting title
to.R~ Properly recorded in thc public records of the COunty wherein Real Property is Iocate~ through Effective Date and which
shall commence with thc ~arliest public records, 9r such later date as may be customary in the county. Upon closing of this
transa~on the abstract shall become the property of Buyer, subjecl to thc right of r~entiun thereof by tim mortgagee until fully
paid. (2) A title ins'ur-ante cormnltment issued by a Florida licensed tire insurer nerving ~o issue to Buyer, upon recording of
thc de~ to Buyer, an owner's policy of title insurance in thc mount of thc pur~h,~ price., insuring Buyer's fire i9. real property,
subject only to li~s, encumbrance, exceptlon~ or qualification sci forth in this Conlraci sad thosu which shall be discharged by
,~cller at or 'befor~ dosing. S~iler shall convoy a mark~ablc title-subject only ~o lier~s, ~umbranees, excoptio~ or
qualific~ians set forth ia-Con.act, kiaricetablc title shall be d~ned ~cording ~o applicable Title Standards adopted by
authority of The Florida Bar sad in _~*c~__rdanco with law. Buyer shall have 30.days, if ~bsiract, or $ days, if title commitment,
from date of receiving evidence of tire to ~camlae it. If title is found defective, Buyer shall~ within 3 days, notify Seller in
writing specifying defect(s). If thc defect(s) render title unmarketable, Seller will hav~ one hundred twenty (120) days from
receipt of notice.within which to remove thc defect(s), failing which Buyer shall have the option of either accepting thc title as it
then is or demanding a refund of deposit(s) paid which shall immediately be returned to Buyer, thereupon.Buyer and Seller shall
release one another of all further obligalions under tb.e CoatracI. Seller will~, if title is fo~md unmark~able' us~ diligent effort to
correei defect(s) in title within thc time provided therefor, including thc bringing of necessary suits.
B, PURCHASE MONEY MORTGAGE; SECURITY AGREEMENT TO SELLER: A purchase.money mortgage and
mortgage note to Seller shall provide for a 30 day g~ce period inthc event of default ifa first mortgage and a' 15 day grace
period if second or lesser mortgage; shall provide for right of prepayment in whole or in part 'without penalty; shall not permit
acceleration or interest adjustment in event of resale of Real Property;, shall require all prior lien and encumb, ran.ces to be kept in
good sianding and forbid modLflcatior~ of or future advances under prior mortgage(s); sad the mortgage, note sad security
agreement shall be other~vis¢ ia form and content required by seller, but Seller may only require clauses customarily.found in
mortgages, mortgage notes, sad security agreements generally utilized by saving and loan institutions, or state or national banks
located in the county wherein Real Pwperty is located. All Personalty and leases being conveyed or assigned will, at Seller's
" option, be subject to the lien of a security agreement evidenced by recorded financing siatements. If a balloon mortgage, the
final payment will exceed the periodic payments thereon.
C. SURVEY: .Buyer, at Buyer's expense, within time allowed to deliver evidence of title and to examine same, ma~ have Real
Propen'y surveyed and certified by a registered Florida. surveyor. If surv,-'~.., shows encroachment on 'Real Propen), or that
improvements located on Real Property encroach on setback lines, easements, lands of others, or violate any restrictions,
Contract covenants or applicable govemmenlal regulation, the same shall constitute a title defect
D. TERIVlITES: Buyer, at Buyer's exlxase, wi~in time allowed to deliver evidence of title and to examiae same, may have
Real Property inspected by a Florida Certified Pest Control OporaIor to de~rmiae ifther~ is any visible ac. Eve termite infestation
or visible existing damage from termite infestation in the improvements. If either or both are found, Buyer will have 4 days
from date of written notice thereof, wilign which to have all damages, whether visible or not, inspoaed and estimated by a
licensexl builder or general cbntr'~or. Seller shall pay valid cosis oftreahnent snd ~t~air of all damage up to 2% of purchase
price. Should such cos'ts ex__,'-x'd__ tha~ amount, Buyer shall have the option of cance..ling Contract within 5 days s.$ter receipt of
co~itractor's repair estimate by giving wrilten notice to Seller or Buyer may elee~ to p _ro,'2~___ with the h'ansaction, In which event-
Buyer shall receive a credit at closing of sa amount equal to the total of the ~m~nt and repair estirnaie not in excess of 2% of"
the purchase price. '"Termites" shall be deemed to include all wood destroying orgsaisms required to be reported under the
Florida Pest Control Act.
D. INGRF, SS AND EGRESSi Seller warfares and represents that there is ingres~ and egress to the Real Property sufficient for
tb¢ intended u.~ as described in.~h VII hereof, title to which is in accordance with Standard A.
F. LF...A~ES: Seller shall, not [ess than fifteen ('15) days befor~ closing, furnish to Buyer copies of all written [e,~ses and
estoppel [eilers from each tenant specifying the nature and duration of the tenant's o~cupancy, rental tales, advanced rent and
security dei~osits paid by tenant. If Seller is unable to obtain such letter from each tenant, the same information shall be
furnished by Seller to Buyer within tha! time period in the form of a Seller's al~fldavit, and Buyer may thereafter contact lenants
to confirm such informalion. Seller shall, at closing, deliver and assign all origlna[ leases to Buyer.
G. LIENS: ScUcr shall /'urnish to Buyer at time of'closing an affidavit attesting to.thc absence, unless otherwise provided for
herein, o£ any financing statements, claims of' lien or potential lienors known to Sdler and further attesting that there have been
no improvements or rcpalrs to Propc~y for ninety (90) days immediatdy pr¢_~__ing date of closing. It' Property has been
improvcd, or repaired within that time, Seller shall deliver releases or waivers of' mcchanles' liens executed by all general
contractors, subcontractors, suppliers, and materialmen in addition to Seller's lien a/fidavit setting forth the naznes of' all such
general contractors, subcontractors, supplicrs and materialmcn and further affirming that all charges for improvements or rcpalrs ·
which could serve as a basis for a.mcchanic's linc or a claim for damages have.be, ga paid or will bc paid at closing of. this
Contract '
I:L PLACE OF CLOSING: Closing shall be held in the county where Real Property is located, at the office or'thc attorney or
other closing agent dcsigaatcd by Sdler.
L TIME: Time periods herein of less than six (6) days shall in thc computation exclude Saturdays, Sundays and state or
.national legal holidays, and any time period provided for herein Which shall end on Saturday, Sunday or legal holiday shall
extend to 5.'00 p.m. o/. thc next business day.
3. DOCUMENT FOR.CLOSING: Seller shall f~rnish deed, bill of sale, mechanic's lien affidavit, a~signments of leases,
tenant and mortgagee estoppel letters, and corrective instalments. Btryer shall furnish closing statement, mortgage., mortgage
note., security agreement, and financial statements.
IC EXI~ENSES: Documentary stamps on the deed and recording correx~iv'e instruments shall be paid by Seller. Documentary
stamp~ intangible tax and recording purchase money mortgage to Seller, deed and finandng statements shall be paid. by Buyer.
L. PRORATIONS; CREDITS: Taxes, assessments, rent, interest, insurance and other expenses and revenue of Property shalt
be prbrated through day before closing. Buyer shall have the option to taking over any. tx/sting policies of insurance, if
a..~sumable, in which event premiums .shall be prorattcL Cash at closing shall bc incr~ or decreased as may be required by
prorations. Prorations will be made through day prior to occupancy if occupancy occurs before dosing. · Advance rent and
security deposits will be credited to Buyer and escrow deposits held by mortgagee will bc credited to Seller. Taxes shall be
prorated based on the current year's tax with due allowance made for maximum allowable discount, homestead and other
.exemptions. If closing occurs at a date when the current ye;ar's4nilag¢ is not fixech and current yea~s .assassments is available,
taxes will be prorated based upon such assessment and the prior year's milage. If current year's assessment is not available, then
taxes will be prorated on the prior year's tax. If there are completed improvements on real property by Janu/u'y 1st of year of
closing which 'imprOvements were not in existence on January Ist of thc prior year then taxes shall be prorated based upon thc
prior year's milag¢ and at an equitable assessment to be agr~d, upon between the parties, failing which, r~uest will be made to
the County Propcn'y Appraiser for an informal assessment fairing into consideration available exemptions.. Any ~ax proration
based on an estimate may, at request of either Buyer or Sdler, be subsequently readjusted upon receipt of.tax bill on condition
that a statement to that effect/s in the closing state, neat.
M. SPECIAL ASSESSMENT LIENS: Certified, confirmed and ratified special assessment liens as of date ofclusing (and 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 impwvement'
has been substantially completed as of Efl'¢ctive Date, such 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/'or thc improvement by the public · .'
body.
.N. INSPECTION, REPAIR AND MAINTENANCE: ,~eller wanants that, as often (10) days prior to closing, thc ceiling,
roof (including thc' fascia and soffits) and exterior and interior walls .do not have any VISIBLE EVIDENCE of leaks or water
damage; and that the septic tank, pool, all major appliances, heating, cooling, electrical, plumbing systems and machinery arc in
WORKING CONDITION. Buyer may, at Buyer's expense, have inspections made of those items by an appropriately Florida
iiconse person dealing in the construction, repair or maintenance of those items and shall report in writing to Seller such items
that do not meet the above standards as to defects together with the cost of correcting them, prior to Buyer's occupancy or not
less than ten (10) days prior to closing, whichever occurs firsL Unless Buyer reports such defects within that time Buy~ shall be
deemed to have waived Seller's warranties as to defects not reported. If repairs or replacement are required, Seller shall pay up
to three perc~t (3%) of'the purchase pric~/'or such repairs or replaceme~qts by an appropdatdy Florida [i~ person selected
by Seller. lC'the cost for such repairs or replacement ex_,~e__d_s three percent 0%) of the purchase price, Buyer or Seller may elect
Io pay such excess,/'ailing which either party may cancel this agrcemenL If Seller is unable to correct the defects prior to
closing, the cost thcr¢o£ shall be paid into escrow at closing. Seller will. upon reasonable notlec, provide utilities service /or
..: inspoetions. Between thc cffcctivc date and the closing, Seller shall maintain property including but not limited to the lawn and
shrubbery, in the condition herein warranted, ordinary wear and lear excepted. Buyer shall be permitted access for inspection of
propcr~y prior to closing in order to confirm compliance with this standard.
O. RISK OF LOSS: If thc Property is damaged by firc o~ other casualty before closing and cost of restoration docs not cxcccd
3% of thc assessed valuation of thc Property so danmaged, cost of restoration shall be an obligation of thc Seller and closing shall
pro_~_~_d pursuant lo thc term of Conixaci with rcsioration costs escrowed at closing. If thc cost of thc restoration exceeds three
percent (3%) of thc ~ valuation of thc improvcmcnts so damaged, Buyer shall have thc option of clther taking Property as
is, together with either thc three percent (3%) or any insurance proceeds payable by virtue of such loss or damage, or of
canceling ConLract and receiving return ofdcposit(s).
1m. PROCEEDS Olm' SALE; CLOSING PROCEDURE: Thc deed shall 'be recorded Ul~On ]:lcarancc of funds. If abstract,
evidence of title shall be continued at Buyer's cxpcnsc to show title in Buyer, without any cocumbranccs or chargc which would
render Seller's title unmadcctablc from thc. date of thc last cvidcnce. Proc__-,,~a__s of thc sale shall be held in escrow by Seller's.
attorney or by such other mutually acocptablc escrow agent for a pa'iod of not longer than 5 days from and after closing date. If
Seller's titlc is rondered unmarketable, tluough no fault of Buyer, Buyer shall, within thc 5 day period, notify Seller in writing of
thc defect and Scller shall have 30 days from date of receipt of such notification t~ cute thc defect. If Seller fails to timely, cure
thc dc/'ect, all deposit(s) shall, upon written demand by Buyer and within :5 days after dernand, be returned to Buy~ and
simul.tancously with such repayment, Buyer shall return Personalty and vacate Real Property and reconvey it to Seller by special
wazranty dcccL [t'13uyer fails to make timely demand for refund, Buyer shall take title as is, waiving all fights against Seller as to
any intcrveaing dcfcct except as may be available to Buyer by virtue of v,'az~'antics contsincd in thc deed. lt' a portion or the
purcha~ price is to be derived from institutional financing or refinancing, requirements of thc leading institution as to place,
time of day and procedures for closing, and t'or disburscmcnt of mortgage proceeds shall conUol over contrary provision in this
Contract. Seller shaJl J~avc thc right to require from thc lending institution a written comrnilmuent that it will not withhold
disbursement of' mortgage proceeds as a result or' any title defect attributable to Buyer-mortgagor. Thc' cserow and closing · '
procedure rcquircd by this Standard may bc waived if title agent insures adverse matters pursuant to Section 627.7841, F.S.
(1989), as amended.
Q. ESCROW: Any escrow agent ('Agent') receiving funds or equivalent is authorized and agrees by acceptance of them to
dcposit thcm promptly, hold same in escrow and, subject lo clearance, disburse them in accordance with tcnns and conditions of
agrcemenL Failurc of clcarancc of ~uncls shall not cxcusc Buyer's performance. If in doubt-as to Agent's duties or liabilities
under thc provisions of agrc~ment, Agent may, at Agent's option, continue to hold thc subject matter of thc escrow until thc
panics mutually agree to its disburscmcnt, or until a judgment ora court of competent jurisdiction shall determine th'c rights of
thc parties or .~.geat may dcposit with thc clerk of thc circuit court having jurisdiction of thc dispute. Up<~n notifying all pa~. ics
concerned of such action, all Ii.ability on thc pan of Agent shall fully terminate, except to thc extent of accounting for any items
previously delivered out of escrow. If a liccnscd re. al cstatc broker, Agent will comply with provisions of Chapter 4')5, .F.S.
(1987), as amended: Any suit bctweea Buyer and Seller wherc Agent is mm:lc a-party bccaus¢ ot.acting as Agent hcrcundcr, or
in any suit whercln Agent intcrplcads thc subject matter of thc escrow, Agent shnll recover rc~onablc attorney's fees and cos-ts
incurred with thc fccs and costs to bc charged and assessed as court costs in favor of thc prevailing party.. Panics agree that
'Agent shall not be liable to any party or person for misdclivcry to Buycr or Sclicr of items subject to this escrow, unless such
misdclivery is duc to willful breach of conL'*act or gross ncgligence of^gent.
IL ATTORN]~¥ I~EES; COSTS: In any litigatio.n arising out ofthimContrac/, thc prevailing party in such litigation which, t.or
· thc purposc~ of'this Standard, sitall include Seller, Buyer, listing broker, Buyer's broker and any subagcnts to thc listing broker
or Buyer's broker, Shall be entitled to rccovcr reasonable attorney's fees and costs.
S. IrAILURE O1~ I~RI~'ORMANCE: If Buyer fails to perform this Contrac~ within thc time specified (including payment of
all deposit(s)), thc deposit(s) paid by buyer and deposit(s) agrccd to be paid, may be relained by or for thc account of Seller as
agreed upon liquidated damages, consideration t'or thc exccution of' this Contract and in full settlement of any claims;
whereupon, Buyer and Seller shall bc rclicved of all obligations under Contract; or Seller, at S~. {ler's option, may pro:ced irt
equity to enforce Seller's rights under this Contract. If, for any reason other than failure ot. Seller to make Seller's title"
raarkct,~blc after diligent ctTort, Scllcr fails, neglects or refuses to perform this Contract, dmc Buyer may scck specific
performance or elect to receive thc return of Buycz's deposit(s) without thereby waiving any action for damages resulting from
Seller's breach.
T. AGREEMENT NOT RECORDABLE; PERSONS BOUND; NOTICE: Neither this Contract nor any notice of it shall bc
recorded in any public records.' Tfiis Conu-act shall bind and inure to thc benefit of thc panics and their successors in interest.
Whenever thc context permits, singular shall include plural and one gender shall include all. Notice given by or to thc attorney
for any parry shall be as cffcctivc as if given by or to that party.
U. CONVEYANCE: Scllcr shall convcy title to Real Propcrty by statutory warranty, trustce's personal representative's or
guardian's deed, as appropriatc to thc status o£ Scllcr, subjcct only to mattcrs conlaincd in Paragraph VII and those othcrwisc
acccpted by Buyer. Personalty shall, nt request of Buyer, bc transfcrrcd by an absolutc bill of sale .with warranty of title, subjcct
only to such mattcrs as may be otherwise provided for herein.
¥. OTH~-R AGRI~KI~fF..NTS: No prior or preseat agrc~.mcnls or representations shall bc binding upon Buyer or Seller unlcss
included in this Contract. No modific~ttion or change in this Contract shall be valid or binding upon thc parties unless in writlng
and executed by the party or parties intended to be bound by il.
W. WARRANTIF, S: Seller wan'ants that thcr~ nrc no facts known to Scilcr'materlslly sfl'c~tin~ thc value of thc Real Propca'y
which arc not rcadily observable by Buyer or which havc not been disclosed to Buyer.
Memorandum
To: David Harden, City Manager
.fir-,
Thru: Lula Butler, Community Improvement Director ~
From: Michael Simon, Acting Community Development Coordinator~.--~---
Date: February 12, 1997
Subject: HOPE 3 Contract for Sale/303 SW 2nd Avenue
ITEM BEFORE THE COMMISSION
This is to request approval to execute a Contract to sell a housing unit acquired through the HOPE
3 Program to a very low income eligible family of four who are at 29% of median household income
consisting of a single parent with three dependent children.
BACKGROUND
The unit to be sold is located at 303 SW 2nd Avenue in Delray Beach. We purchased the property
on October 18, 1996 at a cost of $34,409. The unit has three bedrooms and two baths with a square
footage of 1,241. The rehabilitation has been completed to the unit at a cost of $21,036 and has
appraised for $69,500. The total purchase price including closing costs is $72,627.50.
Federal regulations require that the unit be sold at appraised value. Because the buyer for this
property only qualified for a $36,000 first mortgage, we have the flexibility in this program to attach
a subordinate mortgage for the difference between the first mortgage amount and the appraised
value. The applicant is to contribute 3% of the appraised value to the purchase of the unit. Therefore
a Promissory note in the amount of $34,448.68 will be recorded in the public record. The note
stipulates a full recapture provision for the first six years with a decrease of 168th of the original
balance per month for the next 14 years. If the unit is sold by the purchaser before the 20 year note
expires, only the amount of down payment, principal payments and property improvements made
by the purchaser will be available to he/she/them at the sale.
RECOMMENDATION
Staff recommends approval to execute the contract to sell this HOPE 3 unit to Genella Evans.
NOTICE IS HEREBY GIVEN, t~! me
£iIt' of Delra¥ Beach, F~ida, ~s
~mi~ ~ ~It ~ ~lI~i~
T~~ N~I~
~ ~ W~ 1~,6 ~, B~k ~, TOWN
~ LINTON (N~ k~ as ~lray
C~ ~ in ~ ~ Palm
3.
T~ ~ ~ ~ ~ is ~ ~lic
I~ ~ ~ Ci~ ~ ~tray Beach
~ ~la Eva~ ~ ~ F~al
~e E~e (HOPE H?],
~ i~mat~, ~ avail~ie, may
~ In CiH Hall ~t~ ~ 1~
~bli~: ~r~a~ 11 ~ 17,1~
~a R~ N~
MEMORANDUM
To: Alison Mac-Gregor Harty, City Clerk
Thru: Lula Butler, Community Improvement Director~
From: Michael Simon, Acting Community Development Coordinator/~?~~-~
Subject: Notice to Sell Real Property/HOPE III Program
Date: February 10, 1997
Please publish the attached articles in the February 1 lth and 17th, 1997 issue of The
News. This is a Notice to sell real property owned by the City under the Federal
HOPE III Program.
If you require additional information or if clarification is needed, call me at ext.7231.
Thank you for your assistance.
NOTICE OF INTENT
TO SELL REAL PROPERTY
NOTICE IS HEREBY GIVEN, that the City of Delray Beach, Florida, has determined to sell the
following described property:
The South 60 feet of the North 140 feet of the West 140.6 feet, Block 56, TOWN of
LINTON (Now known as Delray Beach), according to the Plat thereof, on file in the
Office of the Clerk of the Circuit Court in and for Palm Beach County, Florida, in PlatBo~k
1, Page 3.
The sale of the property is for public purpose pursuant to a contract entered into between the City
of De[ray Beach and Genela Evans under the Federal Program, Housing Opportunities for People
Everywhere(HOPE III). For further information, as available, may be obtained from the City
Manager's Office in City Hall located at 100 NW 1st Avenue, Dekay Beach, Florida 33444. The City
Commission of the City of Delray Beach, shall hold a public hearing on the proposed sale at their
regular meeting of February 18, 1997, at 7:00pm in the City Commission Chambers, City Hall.