Res 54-94 RESOLUTION NO. 54-94
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 N.W. 4th 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, Florida;
and
WHEREAS, it is in the best interest of the City of Delray
Beach, Florida, to purchase said property for the pur~ose 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 Althamese
Smith, as Seller, land to provide for affordable housing opportunities
for low income individuals, for the purchase price of Eight Thousand
and 00/100 Dollars ($8,000.00), and other good and valuable
consideration; said parcel being more particularly described as
follows:
Commencing 300 feet South from the Northwest corner
of Block 33 for a Point of Beginning; THENCE East 135
feet; THENCE South 50 feet; THENCE West 135 feet;
THENCE North 50 feet to the Point of Beginning, said
parcel being in Delray Beach (formerly Linton),
Florida, 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 1,
Page 3, Public Records of Palm Beach County, Florida;
containing a 0.15 acre parcel of land, more or less.
~ectioB 2. 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.
~ That the terms and conditions contained in the
contract for. sale and purchase and addenda thereto between the City of
D~lray Beach, Florida, and the Seller as hereinabove named are
incorporated herein.
PASSED AND ADOPTED in regular session on this the 5th day of
July, 1994.
ATTEST:
City C~rk
- 2 - Res. 54-94
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CONTRACT FOR SALE AND PURCHASE
ALTHAMESE SMITH, ("Seller"), of Delray Beach, 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:
I. DESCRIPTION:
Commencing 300 feet South from the Northwest corner of
Block 33 for a Point of Beginning; THENCE East 135 feet;
THENCE South 50 feet; THENCE West 135 feet; THENCE North
50 feet to the Point of Beginning, said parcel being in
Delray Beach, formerly Linton, Florida, 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 1, Page 3
II. PURCHASE PRICE ................ $8,000.00
less any unpaid liens or taxes.
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 July
15, 1994. 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
deed and other closing papers delivered on or before August 19,
1994, 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 b~ located contiguous to Real Property lines and not more
than 10 feet in width as to the rear or front lines and 7} feet
in width as to the side lines, unless otherwise specified
herein); 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.
VII. OCCUPANCY: Seller warrants that there are no parties in
occupancy other than Seller, bit of 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 dis-
closed 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
handwritten provisions shall control all printed provisions of
Contract in conflict with them.
IX. ASSIGNABILITY: Buyer may not assign Contract.
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 the deed to Buyer, an owner's policy
of title insurance in the amount of the purchase price,
insuring Buyer's title to real property, subject only to liens,
encumbrances, exceptions or qualification 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 deter-
mined 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 unmarket-
able, 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 unmarket-
able, use diligent effort to correct defect(s) in title within
the time provided therefor, including the bringing of necessary
suits~
B. Survey: Buyer, at Buyer's 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.
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C. Ingress and Egress: Seller warrants and repre-
sents 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
~he 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 materialmen in addition to Seller's lien affidavit setting
forth the names of all such general contractors, subcon-
tractors, suppliers and materialmen and further affirming that
all 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 Closinq: Buyer shall furnish
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. Expenses: Documentary stamps on the deed and
recording corrective instruments shall be paid by Buyer.
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J. Prorations; 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 milage is not fixed, and current year's assessments 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
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 milage 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. Special Assessment Lions: 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. Inspectionf Repair and Main enan¢e: 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, having inspections made of those items by an appropri-
ately 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 stan-
dards 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
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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 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. Risk of Loss: 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
duties 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 disburse-
ment, 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 lnterpleads 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
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person for misdelivery to Buyer or Seller of items subject to
this 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 (including
payment of all deposit(s)), the deposit(s) paid by Buyer may be
retained by or for the account of Seller as agreed upon
.liquidated damages, consideration for the execution of this
Contract and in full settlement of any claims; whereupon, Buyer
and Seller shall be relieved of all obligations under Contract;
or Seller, at Seller's option, may proceed in equity to enforce
Seller's rights under this Contract. If, for any reason other
than failure of Seller to make Seller's title marketable after
diligeht 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~ Not~ce:
Neither this agreement nor any notice of it shall be recorded
in any public records. This agreement shall bind and enure 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 agree-
ments 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 parties 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 ~h Althamese Smith '
Approv~ed as_~_~_ Form:
City Attorney
State of,
The foregoing instrument was acknowledged before me this
( name of person
acknowledging), who is personally known to me or who has
produced r ~'~'~ {) ~~>]o,-~'~'0 L~'~ (t~e of
identification) as identification.
~ /~*'~'2~{:% A Signatur~ of Nota~ Public-~
= :*~ ~" = State ~f Florida
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%?~"?~'~"'";~'":~'',~3~/c. S~,~"..n;~." --~ Print, ~e or Stamp N~me of
-,...mm,' Nota~ Public
-7-
£1T¥ DF I)ELRIW BEII£H
CITY ATTORNEY'S OFFICE ~°° ~ "' ^~"~' ~""^¥ "~^~'" ~°"~^ ~""
FACSIMILE 407/278-4755 w~-a.~,~-- ' ~ ~:!.~-~ ~..,:Lr~
DELRAY BEACH
(407) 243-7090
1993 Date: June 23, 1994
To: City Commission ~
From: David N. Tolces, Assistant City AttorneQ
Subject: Purchase of Vacant Property - Smith
This resolution pertains to the purchase of a .15 acre
vacant parcel on N.W. 4th Avenue. The property is owned by
Althamese Smith, and she has has agreed to sell the property
for the appraiser's value of $8,000. The property will be
used to construct affordable housing program.
Please call if you have any questions.
DNT:ci
Attachment
cc: David Harden, City Manager
Sharon Morgan, City Clerk's Office
Regina Scott, Neighborhood Program Specialist
Printed on Recycled Paper
NOTICE OF INTENT TO ACOUIRE REAL ~ROPERTY
NOTICE IS HEREBY GIVEN, that the City of Delray Beach,
Florida, has determined it to be in the best interest of the City to
purchase certain real property, for municipal purposes, more
particularly described as follows:
Commencing 300 feet South from the Northwest corner of
Block 33 for a Point of Beginning; THENCE East 135
feet; THENCE South 50 feet; THENCE West 135 feet;
THENCE North 50 feet to the Point of Beginning, said
parcel being in Delray Beach, formerly Linton,
Florida, 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 1,
Page 3.
Subject to easements, restrictions, limitations, and other matters
of record for the purchase price of $8,000.00, less existing liens,
and other good and valuable consideration. A Resolution of the City
Commission of the City of Delray Beach, Florida, authorizing the
purchase of 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 6:00 p.m. on Tuesday. July 5. 1994, in
the Commission Chambers at City Hall, 100 N.W. 1st Avenue, Delray
Beach, Florida.
PUBLISH: Delray Beach News CITY OF DELRAY BEACH, FLORIDA
June 28, 1994 Alison MacGregor Harty
July 4, 1994 City Clerk