Res 21-96 RESOLUTION NO. 21-96
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AUTHORIZING THE CITY TO
PURCHASE FROM SELLER CERTAIN REAL PROPERTY IN PALM
BEACH COUNTY, FLORIDA, AS DESCRIBED HEREIN; HEREBY
INCORPORATING AND ACCEPTING THE CONTRACT STATING THE
TERMS AND CONDITIONS FOR THE SALE AND PURCHASE
BETWEEN THE SELLER AND THE CITY OF DELRAY BEACH,
FLORIDA.
WHEREAS, the City of Delray Beach, Florida, wishes to
acquire certain vacant property located on S.W. 13th Avenue to provide
for housing pursuant to the City's Affordable Housing Program; and
WHEREAS, the Seller hereinafter named desires to sell the
property hereinafter described to the City of Delray Beach; and
WHEREAS, it is in the best interest of the City of Delray
Beach, Florida, to purchase 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, Florida, as Buyer, hereby agrees to purchase from Roger M.
Coffey, as Seller, land to provide for affordable housing
opportunities for low income individuals, for the purchase price of
Twenty-Four Thousand and 00/100 Dollars ($24,000.00), and other good
and valuable consideration; said parcel being more particularly
described as follows:
Lots 2, 3 and 5, Block 4 of the Plat of Atlantic Park
Gardens, according to the plat thereof on file in the
Office of the Clerk of the Circuit Court in and for
Palm Beach County, Florida, recorded in Plat Book 14,
Page 56.
~ That the costs of closing and transactions,
title insurance, document preparation and attorney's fees shall be
borne by the City of Delray Beach, Florida.
Section 3. That the terms and conditions contained in the
Contract for Sale and Purchase and addenda thereto between the City of
Delray Beach, Florida, and the Seller as hereinabove named are
incorporated herein.
PASSED AND ADOPTED in regular session on this the 5th day of
March, 1996.
ATTEST:
~ity ~le~k /
- 2 - Res. No. 21-96
CONTRACT FOR SALE AND PURCHASE
ROGER M. COFFEY, a single man, ("Seller"), of Miami, Florida and CITY
OF DELRAY BEACH, a Florida municipal corporation, ("Buyer"), hereby agree that the Seller
shall sell and the Buyer shall buy the following real property ("Real Property") upon the
following terms and conditions which include the standards for real estate transactions included
in this instrument:
I. DESCRIPTION:
Lot 2, 3, and 5, Block 4 of the Plat of Atlantic Park Gardens, according to the plat thereof
on file in the Office of the Clerk of the Circuit Court in and for Palm Beach County,
Florida, recorded in Plat Book 14, Page 56.
II. PURCHASE PRICE ............................................. $24,000.00
III. TIME FOR ACCEPTANCE; EFFECTIVE DATE: If this offer is not executed by
and delivered to all parties OR FACT OF EXECUTION communicated in writing
between the parties on or before February 23, 1996 the offer will be 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.
IV. TITLE EVIDENCE: At least 7 days before closing date, Buyer shall obtain a title
insurance commitment.
V. CLOSING DATE: This transaction shall be closed and the warranty deed and other
closing papers delivered on or before May 30, 1996, unless extended by other provisions
of Contract.
VI. RESTRICTIONS; EASEMENTS; 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 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 them exists at closing no violation of the foregoing and none of them
prevents the use of Real Property for residential purpose.
VII. 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 herein, and the tenant(s) or occupants disclosed pursuant to
Standard D. 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.
VIII. TYPEWRITTEN OR HANDWRITTEN PROVISIONS:' Typewritten or h:~ndwritten
provisions shall control all printed provisions of Contract in conflict with them.
IX. ASSIGNABILITY: Buyer may assign Contract.
X. SPECIAL CLAUSES:
A. RADON GAS: Radon gas is naturally occurring 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 Florida. Additional information regarding radon and radon testing may be
obtained from your county public health unit. Paragraph L of the Standards for Real Estate
Transactions attached to this contract is hereby deemed to include an inspection for radon gas.
B. FOREIGN INVESTMENT IN REAL PROPERTY TAX ACT ("FIR_PTA"):
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 amount as is necessary to comply with the
Regulations and shall timely remit to the Internal Revenue Service the amount so withheld along
with properly completed 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, or (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 filing
of an application for a Withholding Document with the Internal Revenue 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
2
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 deems
necessary to comply with Section 1445 and to remit the mount so withheld and report such
information as required under the Regulations to the Internal Revenue Service.
C. This contract is contingent upon the CITY OF DELRAY BEACH'S City
Commission approving this Contract within twenty-one (21) days following its execution by the
Seller.
D. The parties warrant and agree that there is no broker involved in this transaction.
E. The soil, surface water, drainage requirements and runoff availability, geological
conditions, and environmental state of the property being purchased must be acceptable to Buyer
in Buyers' discretion. This shall be determined by test boring and other soil, geological and
engineering studies which may be conducted by Buyer at Buyer's expense within the time
permitted for delivery of evidence of title herein. Notice of the result of such testing shall be
furnished to Seller. During the term of this Contract, the Buyer, or Buyer's employees, agents,
representatives, or assigns, shall have full and complete right to enter upon the property for the
purpose of making any and all inspections, tests and studies of the property. In the event said
conditions disclosed by such inspections are unacceptable to Buyer, the Buyer shall have the
right to cancel this Agreement and receive a refund of all deposit monies paid hereunder.
STANDARDS FOR REAL ESTATE TRANSACTIONS
A. Evidence of Title: A title insurance commitment issued by a Florida licensed title insurer agreeing
to issue to Buyer, upon recording of warranty deed to Buyer, an owner's policy of title insurance in the amount of the purchase
price, insuring Buyer's title to real property, subject only to liens, encumbrances, exceptions or qualification set forth in this
agreement and those which shall be discharged by Seller at or before closing. Seller shall convey a marketable title subject only
to liens, encumbrances, exceptions or qualifications set forth in this agreement and those which shall be discharged by Seller at
or before closing. Marketable title shall be determined according to applicable title standards adopted by authority of The
Florida Bar and in accordance with law. If title is found defective, Buyer shall notify Seller in writing specifying defect(s). If
the defect(s) render title unmarketable, Seller will have one hundred twenty (120) days from receipt of notice within which to
remove the defect(s), failing which Buyer shall have the option of either accepting the 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
obligations under the agreement. Seller will, if title is found unmarketable, use diligent effort to correct defect(s) in title within
the time provided therefor, including the bringing of necessary suits.
B. ~urvey: Buyer, at Buyers expense, within time allowed to deliver evidence of title and to examine same,
may have real property surveyed and certified by a registered Florida surveyor. If survey shows encroachment on real property
or that improvements located on real property encroach on setback lines, easements, lands of others, or violate any restrictions.
agreement covenants or applicable governmental regulation, the same shall constitute a title defect.
C. ~: Seller warrants and represents that there is ingress and egress to the real
property sufficient for the intended use as described herein, title to which is in accordance with Standard A.
D. Leases: Seller shall, not less than fifteen (15) days before closing, furnish to Buyer copies of all
written leases and estoppel letters from each tenant specifying the nature and duration of the tenant's occupancy, rental rates,
advanced rent and security deposits paid by tenant. If Seller is unable to obtain such letter from each tenant, the same
information shall be furnished by Seller to Buyer within that time period in the form of a Seller's affidavit, and Buyer may
thereafter contact tenants to confirm such information. Seller shall, at closing, deliver and assign all original leases to Buyer.
E. Liens: Seller shall furnish to Buyer at time of closing an affidavit attesting to the absence, unless
otherwise provided for herein, of any financing statements, claims of lien or potential lienors known to Seller and further
attesting that there have been no improvements or repairs to property for ninety (90) days immediately preceding date of closing.
If property has been improved, or repaired within that time, Seller shall deliver releases or waivers of mechanics' liens executed
by all general contractors, subcontractors, suppliers, and matefialmen in addition to Seller's lien affidavit setting forth the names
of all such general contractors, subcontractors, suppliers and matefialmen and further affirming that ali charges for improvements
or repairs which could serve as a basis for a mechanic's line or a claim for damages have been paid or will be paid at closing.
F. Place of Closing: Closing shall be held in the county where real property is located, at the office
of the attorney or other closing agent designated by Buyer.
G. Time: Time is of the essence of this agreement. Time periods herein of less than six (6) days shall
in the 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. of the next business day.
H. Documents for Closing: Buyer shall furnish w .arranty deed, bill of sale, mechanic's lien affidavit,
assignments of leases, tenant and mortgagee estoppel letters, and corrective instruments. Buyer shall furnish closing statement,
mortgage, mortgage note, security agreement, and financial statements.
I. F,,XP_elI~: Documentary stamps on the warranty deed and recording corrective instruments shall
be paid by Seller. Recording warranty deed shall be paid by Buyer.
J. l~roratlons: credits: Taxes, assessments, rent, interest, insurance and other expenses and revenue
of property shall be prorated through day before closing. Buyer shall have the option to taking over any existing policies of
insurance, if assumable, in which event premiums shall be prorated. Cash at closing shall be increased or decreased as may be
required by prorations. Prorations will be made through day prior to occupancy if occupancy occurs before closing. Advance
rent and security deposits will be credited to Buyer and escrow deposits held by mortgagee will be 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 year's millage is not fixed, and current years assessments is available,
taxes will be prorated based upon such assessment and the prior year's millage. 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 January 1st of year of
closing which improvements were not in existence on January 1st of the prior year then taxes shall be prorated based upon the
prior year's millage and at an equitable assessment to be agreed upon between the parties, failing which, request will be made to
the County Property Appraiser for an informal assessment taking into consideration available exemptions. Any tax proration
based on an estimate may, at request of either Buyer or Seller, be subsequently readjusted upon receipt of tax bill on condition
that a statement to that effect is in the closing statement.
K. S_oecial Assessment Liens: Certified, confirmed and ratified special assessment liens as of date of
closing (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 improvement has been substantially completed as of Effective 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 for the
improvement by the public body.
L. lns_nection. Re_hair and Maintenance: Seller warrants that, as of ten (10) days prior to closing,
the ceiling, roof (including the 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 are in WORKING CONDITION. Buyer may, at Buyer's expense, have inspections made of those items by an
appropriately Florida license 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 first. Unless Buyer reports such defects within that
time Buyer 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 percent (3%) of the purchase price for such repairs or replacements by an appropriately Florida
licensed person selected by Seller. If the cost for such repairs or replacement exceeds three percent (3%) of the purchase price,
Buyer or Seller may elect to pay such excess, failing which either party may cancel this agreement. If Seller is unable to correct
the defects prior to closing, the cost thereof shall be paid into escrow at closing. Seller will, upon reasonable notice, provide
4
utilities service for inspections. Between the effective 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 tear excepted. Buyer shall be permitted
access for inspection of property prior to closing in order to confirm compliance with this standard.
M. ~: If the property is damaged by fire or other casualty before closing and cost of
restoration does not exceed the purchase price of the property so damaged, cost of restoration shall be an obligation of the Seller
and closing shall proceed pursuant to the term so the agreement with restoration costs escrowed at closing. If the cost of the
restoration exceeds three percent (3%) of the assessed valuation of the improvements so damaged, Buyer shall have the option of
either taking property as is, together with either the three percent (3%) or any insurance proceeds payable by virtue of such loss
or damage, or of cancelling the agreement and receiving return of deposit(s).
N. Escrow: Any escrow agent ("Agent") receiving funds or equivalent is authorized and agrees by
acceptance of them to deposit them promptly, hold same in escrow and, subject to clearance, disburse them in accordance with
terms and conditions of agreement. Failure of clearance of funds shall not excuse Buyer's performance. If in doubt as to Agent's
dt~ties or liabilities under the provisions of agreement, Agent may, at Agent's option, continue to hold the subject matter of the
escrow until the parties mutually agree to its disbursement, or until a judgment of a court of competent jurisdiction shall
determine the rights of the parties or Agent may deposit with the clerk of the circuit court having jurisdiction of the dispute.
Upon notifying all parties concerned of such action, all liability on the part of Agent shall fully terminate, except to the extent of
accounting for any items previously delivered out of escrow. If a licensed real estate broker, Agent will comply with provisions
of Chapter 475, F.S. (1987), as amended. Any suit between Buyer and Seller where Agent is made a party because of acting as
Agent hereunder, or in any suit wherein Agent interpleads the subject matter of the escrow, Agent shall recover reasonable
attorney's fees and costs incurred with the fees and costs to be charged and assessed as court costs in favor of the prevailing
party. Parties agree that Agent shall not be liable to any party or person for misdelivery to Buyer or Seller of items subject to
thi~ escrow, unless such misdelivery is due to willful breach of contract or gross negligence of Agent.
O. Failure of Performance: If Buyer fails to perform this Contract within the time specified Buyer
and Seller shall be relieved of all obligations under Contract. If, for any reason other than failure of Seller to make Seller's title
marketable after diligent effort, Seller fails, neglects or refuses to perform this Contract, the Buyer may seek specific
performance or elect to receive the return of Buyer's deposit(s) without thereby waiving any action for damages resulting from
Seller's breach.
P. Agreement Not Recordable: Persons Bound: Notice: Neither this agreement nor any notice of it
shall be recorded in any public records. This agreement shall bind and inure to the benefit of the parties and their successors in
interest. Whenever the context permits, singular shall include plural and one gender shall include all. Notice given by or to the
attorney for any party shall be as effective as if given by or to that party.
Q. Conveyance: Seller shall convey the property by way of Warranty Deed subject to an easement
for any utilities that may exist and lie on the property.
R. Other Agreements: No prior or present agreements or representations shall be binding upon
Buyer or Seller unless included in this Contract. No modification or change in this Contract shall be valid or binding upon the
pm'ties unless in writing and executed by the party or parties intended to be bound by it.
S. Warranties: Seller warrants that there are no facts known to Seller materially affecting the value
of the real property which are not readily observable by Buyer or which have not been disclosed to Buyer.
BUYER: SELLER:
CITY OF DELRAY BEACH, FLORIDA ROGER M. COFFEY
By: By:
Thomas Lynch, Mayor
5
ATTEST:
City Clerk
Approved as to Form:
City Attorney
',- The foregoing instrument was acknowledged before me this
1996 by ['~LgQf_JL ~ , who is personally known to me or whoOlas
0 Uu ~
produced~/OD 7')3 _g& c~ ~.5 t9 [~r..) (type of identification) and who did (did
not) take an oath.
~- x~ ;,,. ~3~J0.~:'-.~ '~.~
' '"-" ' "~ '; "~ ~,.~..~..q~e of Notary Public- --
==* : ..... , _= State of
"'";"'m'~' Print, Type or St~p N~e of
No~ Public
Coffey.agt
CITY OF DELRI:I¥ BEflI:H
CITY ATTORNEY'S OFFICE ~.~.~.~~°~ ~,~ ~ ~,~,,~.4~~'v~'~. ~.~ .~^c., ~o.~^ ~
Writer's Direct Line: (407) 243-7090
DELRAY BEACH
Ali. America City MEMORANDUM
1993
TO: City Commission
FROM: David N. Tolces, Assistant City Attome~'~
SUBJECT: Resolution authorizing acquisition from Roger M. Coffey
Lots 2.3 and 5. Block 4. Atlantic Park Gardens
The approval of the following resolution will authorize the City Attorney's Office to
acquire for the City Lots 2, 3, and 5 of Block 4, Atlantic Park Gardens. The Lots are
being acquired as part of the City's affordable housing program, and will be donated to
Habitat for Humanity of Boca - Delray for their use.
The Lots are each located on S.W. 13th Avenue, just south of S.W. 2nd Street. Lots 1
and 3 are approximately 13,800 square fee combined, and lot 5 is approximately 6,900
square feet. The parcels are vacant at this time. Approval of the resolution authorizing
the contact is recommended.
Please call if you have any questions.
/jlk
cc: David Harden, City Manger
Lula Butler, Director Community Improvements
Dorothy Ellington, C. D. Program Coordinator
Alison MacGregor Harty, City Clerk
coffey02.dnt ~ ~ ~
q/x/¢~
Pr/nted on Recycled Paper
Agenda Item No.:
AGENDA REQUEST
Request to be placed on: Date: February 29, 1996
Regular Agenda
Special Agenda
Workshop Agenda
x Consent Agenda When: March 5, 1996
.Description of item (who, what, where, how much): Contract for
Sale and Purchase between Roger Coffey and City of Delray Beach and Assignment
~greement between the City and Habita for Humanity. Related Item: City At-f-6~-n~y's
Agenda Request with accompanying Resolution and Contract.
(Example: Request from Atlantic High School for $2,000 to fund
project graduation).
ORDINANCE/ RESOLUTION REQUIRED: ~ESYNO Draft A'ttached: YES/NO
Recommendation: Staff recommends approval. Funding from the Bootstrap Land
Acquisition line item: 118-1974-554'61.30
(Example: Recommend approval with funding from Special Events
Account No. 001-3333-555-44.55).~,~~~
Department Head Signature:
~ /~/
City Attorney Review/ Recommendation (it applicable):
Budget Director Review ( required on all items involving
expenditure of funds):
Funding available: ~E~ NO
Funding alternatives: ~/~ (i,f applicable)
Account No. & Description: //~,~/9~-- .~-~/-~ /=/./~(C~ ~V~ ~
Account Balance: ~ ~'~? ~'~"~~
City Manager Review:
Approved for agenda: ~NO ~/) ".
Hold Until: " --
Agenda Coordinator Review:
Received:
Placed on Agenda:
Ac t ion: App roved / D i s app rev ed
Memorandum
To: David Harden, City Manager
/L
Thru: Lula Butler, Community Improvement Directo~]/Q
From: Dorothy Ellington, Community Development Coordinator ~'
Date: February 29, 1996
Subject: Contract for Sale and Purchase between Roger Coffey and the City
of Delray Beach and Assignment Agreement/Habitat for Humanity
of Boca Delray and The City of Delray Beach
ITEMS BEFORE THE COMMISSION
This is to request approval to enter into a Contract for Sale and Purchase with Roger
Coffee and subsequently assign that contract to Habitat for Humanity. The City
Attorney has drafted the authorizing Resolution and Assignment Agreement.
BACKGROUND
Our current agreement with Habitat for Humanity requires us to convey a total of 10 lots
by September 30, 1996. These lots are used for the development of housing for the very
low income homebuyer. Since 1991, we have conveyed 11 lots for this purpose
including six lots in fulfillment of our obligation under the current agreement. If these
items are approved by Commission, upon closing these contract, we will have provided
opportunities for homeownership for 14 very low income homebuyers since we first
formed the partnership with Habitat for Humanity. By September 30, 1996 we must
purchase one additional lot to complete our obligations under the agreement.
RECOMMENDATION
Staff recommends approval of the Contract for Sale and Purchase between Roger Coffey
and the City of Delray Beach and the accompanying Assignment Agreement for Habitat
for Humanity of Boca-Delray.
£1TV Ol: DELRgV BEI:i I
CITY ATTORNEY'S OFFICE ~,~'~' ~,~'~" ~'~. ~,~?,.~~"~' ~'~ ~'~' ~o~,~ ~
Wfi~r's Direct L~c: (~7) 243-7~
D[LRAY BEACH
~ll.~erica City MEMORANDUM
~. DATE: February 27, 1996
1993
TO: City Commission
FROM: David N. Tolces, Assistant City Attome~
SUBJECT: Assignment Agreement between City of Delray
Beach and Habitat for Humanity_ of Boca - Delray
This agreement, if approved, will allow the City to assign its interest in the properties
owned by Mr. Roger Coffey in Atlantic Park Gardens. As part of the agreement, the
City will coordinate the closing and pay all closing costs on behalf of Habitat.
Approval of this agreement is recommended. If you have any questions, please call.
/jlk
cc: David Harden, City Manger
Lula Butler, Director Community Improvements
Dorothy Ellington, C. D. Program Coordinator
Alison MacGregor Harty, City Clerk
coffeyO 1.dnt
ASSIGNMENT AGREEMENT
THIS ASSIGNMENT AGREEMENT is made and entered into this ~ day of
, 1996, by and between the CITY OF DELRAY BEACH, (hereinafter
referred to as "CITY"), and HABITAT FOR H-tYMANITY OF BOCA-DELRAY
(hereinafter referred to as "HABITAT").
WITNESSETH:
WHEREAS, the CITY is the contract purchaser under that certain Contract for Sale
and Purchase for the property described in the attached Contract, copies of which are attached
hereto (hereinafter referred to as the "Contract"); and
WHEREAS, the CITY desires to assign all of its right, title and interest in and to the
said Contract to HABITAT; and
WHEREAS, the HABITAT is desirous of acquiring the rights in the subject Contract;
and
WI-tEREAS, the CITY desires to assist HABITAT in acquiring the subject property as
part of its Affordable Housing Program.
NOW, THEREFORE, in consideration of the sum of Ten and no/100 Dollars ($10.00)
and other good and valuable consideration from one party to the other, the receipt and
adequacy of which is hereby acknowledged, it is agreed as follows:
1. The CITY hereby assigns, without recourse, all of its right, title and interest in
and to the certain Contracts attached hereto to HABITAT.
2. HABITAT hereby accepts such assignment and agrees to assume all liability
and responsibility for the performance of the terms and conditions contained in said Contract.
3. The CITY shall process ~tll documents for closing the Contract. At closing,
CITY shall pay to the closing agent sums equal to the purchase price of the property and
additional closing costs as indicated in the closing statement in order to provide I-IABITAT
with the required funds to close.
4. HABITAT agrees to indemnify and hold the CITY harmless for any and all
liability or damages CITY may incur from the HABITAT'S failure to perform .in accordance
with the terms and conditions of the subject Contracts.
IN WITNESS WI-IEREOF, the parties hereto have executed this Agreement the day
and year first above written.
ATTEST: CITY OF DELRAY BEACH, FLORIDA
By:
City Clerk
Approved as to Form:
City Attorney
HABITAT FOR HUMANITY OF BOCA-
STATE OF FLORIDA
COUNTY OF PALM BEACH
The foregoing immanent was acknowledged before me this ,ONe'day of
~rt-F~r~..- , 1996 by I'~tqn;~l ,~.,'e,,-~.er' (name of officer or agent, title of officer
or agent~ of /-]~qb'f~r tt/covm;tsl, o$ ~fi~-~(name of corporation acknowledging), a
?'l~,,~'d.o- (state or pla~e 6'rt"'incorporation) corporation, on behalf of the
corporation. He/Sh~' is personally known to me or l:as pr~--duced
. (type of identification) as identification and did (8/tknvl7 take
an oath.
I oTM-~_ CATHERINE INGLESE
! ~ ~).~ ~. co.u,.a~o..u..,'. Signatur~ o'~ Notary P~bltd- State
co~=y-~.,,~, I '$,,,,'~i~r~4~ ~v oc~.mm.~=. ~x.. of Florida
_ ~O~F~,0 JUt. V Illtlgel - 2
NOTICE IS HEREBY GIVEN, that the
CiH Of Delray Beach, ~:loride has
termine~ Jt to ~e in t~e ~Dest interest of
the City to purchase certain reel arop-
erly, f~' municipal purposes, more
particvlar~¥ cles?ibe~ as follows:
Lofs 2, 3 a~l 5, BJock 4 of the P~at of
Atlantic Park Garaens, accoroing to
~ O~ OILRAY ~.AC~, FT~qlDA
aty Cm'k
II~MII~
NOTICE I$ HEREBY GIVER, ~t
~, ~ mm~l ~, ~e
Aff~ic P~ ~, K~ding
at ~ m file in ~ ~e
C~ a ~ Circuit ~ in a~
~ Palm ~ ~, F~,
~in ~ l& Pa~.
~i~l~a~a~
val~e ~. A R~i~
ray ~h, F~ a~izi~
~ ~iti~ ~ ~ ~, will
~m~ ~ a ~lar ~ ~