Res 38-93 RESOLUTION NO. 38-93
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, WHICH PROPERTY IS LOCATED AT 418 S.W. 3RD
AVENUE, DELRAY BEACH, FLORIDA, HEREBY INCORPORATING AND
ACCEPTING THE CONTRACT STATING THE TERMS AND CONDITIONS
FOR THE SALE AND PURCHASE BETWEEN THE SELLERS AND THE
CITY OF DELRAY BEACH, FLORIDA.
WHEREAS, the City of Delray Beach, Florida, wishes to acquire
certain property located at 418 S.W. 3rd Avenue, Delray Beach, Florida,
for the purpose of providing potential expansion of the Environmental
Services Complex for municipal benefits; and
WHEREAS, the Sellers hereinafter named desire 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 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 Dale L. Davis
and George T. Davis, as Sellers, land for public purposes for the
purchase price of Forty-Four Thousand Dollars ($44,000.00), and other
good and valuable considerations; said parcel being more particularly
described as follows:
The East 21 feet of Lots 45, 46 & 47 plus all of Lots
52, 53 & 54; Sundy & Tenbrook Addition to Delray
Street Address: 418 S.W. 3rd Avenue
Delray Beach, Florida
Section 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.
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 Sellers as hereinabove named are
incorporated herein.
PASSED AND ADOPTED in regular session on this the 13th day of
April, 1993.
ATTEST:
-v ~City C~erk - ;
5 15 6 19,
S 2o
PARKS AND
16 11
· ~ ~ 17 ~ 12 24
' ' ~.~ ;~ STREET I
; LOTS TO ACQUIRE
~ I~ I - 0
9t0
I ~ II '~ I. Fl~S
I'° II '~ I ~7TH ST.
i¢ S C N O ITl N 9
B 21 PG7 )
· ' O 11 ~ 1 14 1 16 7 18 10
~ 24 ~ TRACT "A" 9
2 if 23 ~/ J
~ EXHIBIT
CITY of DELRAY BEACH D,,,v,s .Ro,,,.R~ ~ND ^cQu,smo~
ENVIRONMENTAL SERVICES DEPARTMENT
434 SOUTH SWINTON AVENUE, OELRAY BEACH, FLORIDA 33444 ENVIRONMENTAL SERVICES DEPT. COMPLEX
lO'b
CONTRACT FOR SALE AND PURCHASE
DALE L. DAVIS and GEORGE T. DAVIS, ("Seller"), of
Louisville, Kentucky, 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:
The East 21' of Lots 45, 46 & 47 plus all of Lots 52, 53 &
54; Sundy & Tenbrook Addition. to Delray.
II. PURCHASE PRICE . . . 1, %'.% ~.J~ ~.. "i~' ' ' .$44,000.00
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 April
30, 1993, 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
deed and other closing papers delivered on or before June 1,
1993, 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 }
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 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 Real 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 Real Property at time of closing unless otherwise
stated herein. If occupancy is to be delivered before closing,
Buyer assumes all risk of loss to Real Property from date of
occupancy, shall be responsible and liable for maintenance from
that date, and shall be deemed to have accepted Real 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 contract. 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. 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.
C. Ingress and Eqress: 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
-2-
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 materialmen in addition to Seller's lien affidavit setting
forth the names of all such general contractors, subcon
tractors, suppliers and material.men 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 Closing: Seller 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
J. Prorations; credits: Taxes, assessments,%'~'fe~t,
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
-3-
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 year's 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 let of year of closing which improvements were not in
existence on January let of the prior year then taxes shall be
prorated based upon the prior year's millage and at an equit-
able 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 ~s~essment 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. !nspec~lonf Repair a~d Maintgnance: 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 leak~ or~/~
water damage and that the septic tank, pool, all/?major
appliances, 'heating, cooling, electrical, plumbing ~yStems and
machinery are in WORKING CONDITION Buyer ma=.~'at Buyer's~
expense, having inspections made of those item~/by an appropri-
ately Florida license person dealing in~<,{he construction~
repair or maintenance of those items/and shall report in
writing to Seller such items that dow~dt meet the above stan-
dards as to defects together with the cost of correcting them,
prior to Buyer's occupancy or Dot/~ss than ten (10) days prior
to closing, whichever occurs ~.i~kst. Unless Buyer reports such
defects within that time B~e'r Shall be deemed to have waived
Seller's warranties as t~/defects nOt reported. If repairs or
replacement are required, Seller shall pay up to three percent
(3%) of the purchas~-'~rice for such repairs or replacements by
an appropriately/F~orida licensed person 's~lected by Seller.
If the cos~/~_~Sr such repairs or replacemen~ exceeds three
percent (3~ of the purchase price, Buyer or Se~ler may elect
to pay /saSh excess, failing which either party may~cancel this
agree 6nt. If Seller is unable to correct the defect~ prior to
closing, the cost thereof shall be paid into escrow at glos'ing.
Seller will'~upon reasonable notice, provide uti~lti~'~ service
for inspections. Between~the effective ~ate--~n~ the closing,
Seller shall maintain property ~ncludih~'~ut not limited to the
lawn and shrubbery, in th~_-¢oh~ition herein warranted, ordinary'~.~.~
wear and tear excgpted~' Buyer shall be'-~ermit~ed access for~
inspection of~pr6perty prior to closing in ord~-~confirm~
compliance with th~s 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 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
this escrow, unless such misdelivery is due to willful breach
of contract or gross negligence of Agent.
0. Attorney's Fees; Costs: In any litigation
arising out of this contract, the prevailing party in such
litigation which, for the purposes of this standard, shall
include Seller, Buyer, Listing Broker, and any subagents to the
5
Listing Broker, shall be entitled to recover reasonable
attorney's fees and costs.
P. 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
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.
Q. 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 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.
R. Conveyance: Seller shall convey title to the
real property by statutory warranty deed subject to an easement
for any utilities that may exist and lie on the property.
S. 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.
T. 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:
City of ~rg~ Beach
~hc~as ~i(~i'ch, ~ayor
ATTEST: Approved as to Fo~m:
city Clerk ' f ' City Attorney
SELLER:
Dale ~, Davis
George T. Davis
state of ~-'~,-~. ,~
county of
The foregoing instrument was acknowledged before me this
~1~ ~, '~'~ (date) by
(name of person acknowledging), who is personally known to me
or who has produced ~o ~.~
(type of identification) and who did (did not) take an oath.
SignatUre of Ndta~y ~ublf~
Print, Type or Stamp Name of Notary Public
state of ~F~,'n
County of ~~ ~
The foregoing instrument was acknowledged before me this
~~ 7~ / ~-~ (date) by ~ _~.
(name of person acknowledging), who is personally known to me
or who has produced J~~/~v/
(type of identification) and who did (did not) take an oath.
S of Notary Public
Print, qFype or Stamp Name of
Notary Public
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~
SUBJECT: AGENDA ITEM ~ /O ~ - MEETING OF APRIL 13. 1993
RESOLUTION NO, 38-95
DATE: April 9, 1993
This is a resolution authorizing the purchase of certain real property
located at 418 S.W. 3rd Avenue and accepting the contract stating the
terms and conditions for the sale and purchase between the sellers and
the City.
Prior to completion of the agenda package, we received the signed
contract. A copy of that document is attached as backup material for
this item.
Recommend approval of Resolution No. 38-93 and the contract for
purchase of property at 418 S.W. 3rd Avenue.
~TTORHEY'S'OFFICE TEL No. ~07 278 4?55 ~pr Of,g5 11:5¥
NOTICE OF INTENT TO A~QUIRE REAL PROPERTY
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:
The east 21' of Lots 45, 46 & 47 plus all
of Lots 52, 53 & 54; Sundy & Tenbrook
Addition to Delray
Subject to easements, restrictions, limitations, and other
matters of record for the purchase price of $1.00 and other
good and valuable consideration. A Resolution of the City
Commission of the City of Delray Beach, Florida, authorizing
the purchase of the property and on the terms and conditions
set forth above, will be considered for adoption Dy the City
Commission at a regular meeting to be held at 6:00 p.m. on
April 13, 1993.
CITY OF DELRAY BEACH, FLORIDA
Byl,
Alison MacGregor Harry
City Clerk
PUBLISHJ The News
~-~
I:ITY OF ilELAIIY BEACH
CITY ATTORNEY'S OFFICE ~ ~w .~ ,~v~,:~. ~.^~ ,~.~. ~o,~ ~
FACSIMIkE 407/278-4755 ~&~' ~ ~~ ~&~
(407) 243-7090
MEMORANDUM
Date: April 7, 1993
To: City Commission
From: David N. Tolces, Assistant City Attorne~
Subject: Purchase of Davis Property
418 S.W. 3rd Avenue
Over the past year, our office has been negotiating for the
purchase of the above property which lies adjacent to the
Environmental Services Complex. The City has offered and the
owners have accepted $44,000.00 as the purchase price for the
12,144 square foot parcel. Mr. Dale Davis and George T. Davis
are the owners of the property. There presently exists a
one-story home on the property which was constructed in 1925.
The property is on the west side of S.W. 3rd Avenue just north
of the Environmental Services Complex. It is anticipated that
this property may be used for future expansion of the Environ-
mental Services Complex.
At the time the backup material was sent out, I had not
received a signed copy of the contract. I will advise you at
the meeting of any revisions. Approval of the attached
resolution and contract are required pursuant to Section 36.04
of the City's Code of Ordinances prior to executing the
contract. If you have any questions, please call.
DNT:sh
Attachment
cc: David Harden, City Manager
William Greenwood, Director of Environmental Services
Cheryl Leverett, Executive Assistant
p~davis. St
/oD
CITY ATTORNEY'S C]~FiIZ:E TEL fqo. 407 278 47._=.,5 Apr- 0:i~:,95 10:50 P.02
CONTRACT FOR SALE AND PURCHAS~
DALE L. DAVIS and GEORGE T. DAVIS, ("Seller"), of
Louisville, Kentucky, and CITY OF DELRAY BEACH, Florida
municipal corporation, ("Buyer"), hereby agree that ~he Seller
shall sell and the Buyer shall buy the following real property
("Real Property") upon the following terms and conditions:
I. DESCRIPTION:
The East 21' of LOts 45, 46 & 47 plus all of Lots 52, 53 &
54; Sundy & Tenbrook Addition to Delray
II. PURCHASE PRICE . . . ~ %~.~ ~) $44,000 00
III. TIME FOR ACCEPTANCE; EFFECTIVE DATEr If this offer is not
executed by and delivered to all parties OR FACT OF EXECUTION
communicated in writing between the parties on or before April
30, 1993, the offer will be withdrawn. The date of this
Contract ("Effective Date") will be the date when the last one
of the Buyer and the Seller has signed this offer.
IV. TITLE EVIDENCE: At least 7 days before closing date,
Buyer shall obtain a title insurance commitment.
V. CLO~_ING DATE: '-This transaction shall be closed and the
deed and ~%her closing papers delivered on or before June I,
1993, unless extended by other provisions of Contract.
VI. RESTRICTIONS; EASEMENTS; LIMITATIONS: Buyer shall take
title subject tot zoning, restrictions, prohibit~ons and other
requirements imposed by governmental authority; restrictions
and matters appearing on the plat or o~herwise common to the
subdivision; public utility easements of record (easements are
to be located contiguous ~o Real Property lines and not more
than ~0 feet in width as to the rear or front lines and 7 }
feet in width as to the side lines, unless otherwise specl£1ed
herein); taxes for year of closing and subsequent years;
assumed mortgages and purchase money mortgages, if any;
provided, that there exists at closing no violation of the
'foregoing and none of them prevents the use of Real Property
for residential purpose.
VII. OCCUPANCY~ Seller warrants that there are no parties in
occupancy other than Seller, but if Real Property is intended
to be rented or occupied beyond closing, the fact and terms
thereof shall be stated herein, and the tenant(s) or occupants
disclosed pursuant to Standard D. Seller agrees to deliver
occupancy of Real Property at time of closing unless otherwise
stated herein. ~/ occupancy is to be delivered before closing,
Buyer assumes a risk of loss to Real Property from date of
CITY tqTTORNEY'$ OFFICE ]'EL ~qa 40T 2T8 4TM Fqpr- L'~:~B,':z~ l~'/:Cl F:'.O~
occupancy, shall be responsible and liable for maintenance from
that date, and shall be deemed to have accepted Real Property
~n their existing condition as of time of taking occupancy
unless otherwise stated herein or in a separate writing.
VIII. TYPEWRITTEN OR ~A~DWRITTEN 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 Tlgle~ 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 rice
}~u.r.~ng Buyer's title to real property, subject only to ~iens~
~ncumorances, exceptions or quali£1caticn sot 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 contract. 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 hav~,~one hundred twenty (120) days from receipt of notice
within whl~ch to remove the defect(s), failing.which Buyer shall
have the option of e~ther accepting the title as it then is or
demanding a refund ~ deposit(s) pa~d which shall immediately
be returned to Buyer, thereupon Buyer a~d Seller shall release
one another of all further obligations under the agreement.
Seller will, if title is found unmarketable, use
effort to correct defect(s) in title within the time provided
~herefor, including the bringing of necessary suits.
B. Survey: Buyer, a~ Buyer's expense, within time
allowed to ~eliver 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 govermaentai
regulation, the same shall constitute a title defect.
C. In,tess and Egress: Seller warrants and repre-
sents that there '~s ~ngress and egress to the real property
sufficient for the intended use as described herein, title
which ~s in accordance with Standard A.
D. Leases: Seller shall, not less than fifteen
(15) days before closing, furnish to Buyer copies of
CITY aTTORNEY'S OFFICE TEL No. zlO? 272
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, sup~lierst
and materialmen in addition ~o Seller's llen affidavit setting
forth the names of all such general contractors, subcon
tractors, suppliers and materlalmen 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 Closinqz Closing shall be held in the
COunty where re~i proper~y is located, at the office of the
attorney~or other closing agent designated by Buyer.
G. Tim____e: 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~ Seller 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: Documentar~ stamps on the deed and
recording corrective instruments shall
be paid by ~,.S~l~.r~~.~.~.
J. Prorations} credits: Taxes, assessments~-~f-e~t~
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. Prora~ions will be made through day prior to
occupancy if occupancy occurs before closing. Advance rent and
CITY AT?ORNEY'S OFFICE TEL ~0 · ~0'~ 2 :ll ~ ~75= ........... ~ ....
iecurity 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 year~s assessments is
available, taxes will be prorated based upon such assessment
and the prior year's millage. If current
not available, then taxe~ will be prorated on the prio~ 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 equit-
able asseIIment to be agried upon between the parties, failing
which, request will be made to the County Property
for an i~formal atiessment taking into considera~ion available
exe~ptions. 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 II in the closing statement.
K. ~PIOlal A!leIImI~ Lle~l: Certified, confirmed
and ratified special assessment liens as o~ date of closing
(and no~ ai of Effective Date) are to be 9aid by Seller.
Pending liens ai of date of closing shall be assumed by Buyer.
If the ~mproveme~t hai been iubs~an~lally completed as of
Effective Date, such pending lien shall be considered as
certified, confirmed or ratified and Seller ~hall, at closing,
be charge~ an amoun~ equal to the last estimate of assessment
for the ~rovement by the public body.
warrants that, ai o~ tin (10) days prior to closing, the
cel~g, roof (including the fascia and soffits) and exterior.,,
and in, riot walls do not have any VISIBLE EVIDENCE of leak~' or~x-'
wa~e= da~ge and that the septic ~ank, pool, all...'""maJor ~.~..
appliances,~g~eatlng, cooling, electrical, plumbing~ystems a~d
machinery are~n WORKING CONDITION. Buyer ma
ixpense, having ~S~ections made of those an appropri-
ately Florida license person dealing con~truction~
repair or maintenan¢~, of those l~ems shall report in
writing ~o $iller iuch"~ems that do meet the above stan-
dards as to defects =oge~her with cost of correcting them,
prior ~o Buyer's occupancy .ss than ten (10) days prior
to closing, whichever occuri . Unless Buyer reports such
defecti within ~hat time sh~11 be deemed =o have wa£ved
Seller's warranties as t elects not reported. If repairs or
replacement are requi Seller shall pay up to three percent
(3%) of ~he purchal ~rice for such repairs or replacements by
an appropriate1' orida licensed person selected by Seller.
If .the cost such repairs or replacemen~ exceeds three
percent (3 the purchase price, Buyer or Seller may elect
tO pay ixcess, failing which either party ma~ cancel this
ac If Seller ts unable to correct the defe~t~ prior to
-4-
CIT-Y ,AT.TORNEY'S OFFICE
closing, ~h~cost thereof shall be paid into escrow at ~l~sing.
Seller wlll,-~pon..reasonable notice, provide util.£.~i~ service
for inspections. ~&~een..~.the effective da~e--a~d the closing,
Seller shall maintain propeP'~¥L~ciudT~-'but not limited to the
lawn and shrubbery, inth~fhdition 'herein warranted, ordinary
wear and ~ear ex~ Buyer shall be '~rmit~ed access
inspection ~per~y ~ior =o closing in ord~f"~-..~pnf~rmTM
complla~lth =his standard. -
M. Rllk Of hobs: If =he property is damaged by
fire or other casualty before closing and cost of restoration
does no~ exceed the purchase price of ~he property so damaged,
cos= of restora~ion shall be an obligation of ~he Seller and
closing shall proceed pursuan= ~o ~he te~ so the agreemen=
with res~oration costs escrowed a~ closing. If ~he cost of the
res~oration exceeds =~ee percen= (3%) of the assessed
valuation of the improvements so damaged, Buyer shall have ~he
option of e~ther ~aking property as is, together wi~h either
the ~hree percent (3%) or any insurance proceeds payable by
virtue of such loss or damage, or of cancelling the agreemen=
and receiving return of deposit(s).
N. Bscrowt ~y e~crow agen~ ("Agent") receiving
funds or equivale~' Is au~horized and agrees by acceptance of
=hem to de,sit ~hem promptly, hold s~e in escrow and, subJec=
to clearance, disburse them ~n accordance wl~h term~ and
conditions of agreement. Failure of clearanc~ of funds shall
not excuse Buyer's ~rfo~nce. If In doub~ as ~o Agent's
duties or liablll~le~ under ~e provisions of agreement, Agent
~y, at ~nt~s option, continue to hold the subJec= matter of
the escrow until the par~ies mutually agre~ ~o its disburse-
ment, or un=il a Jud~en= of a court of competen~ Jurisdiction
shall de~e~lne the rights of the parties or Ag~n~ may deposit
wl=h the clerk of ~he circul~ cour= having ~urisdiction of ~he
dispute. Upon notifying all parties concerned of such action,
all liability on the part of Agen~ shall fully terminate,
except to ~he ex~en~ of accounting ~or any i~ems previously
delivered ou~ of escrow. If a licensed real esta=e broker,
Agent will comply with provisions of Chapter 475, F.S. (1987),
as amended. ~y sul~ ~tween Buyer and Seller where Agent Is
made a party because of acting as Agent hereunder, or In any
suit wherein Agent lnterpleads the subJec= mat~er o~ ~he
escrow, Agent shall recover reasonable a~torney's ~ees and
Costs incurred with the fees and costs to be charged and
assess~ as court costs In favor of the prevailing party.
Par=les agree ~hat Agent shall no= be liable ~o any par~y or
person for miedelivery ~o Buyer or Seller of items sub)ec~ to
this escrow, unless suc~ m~sdelivery i~ due to willful breach
of con=tact or gross negligence of Agent.
O. A~orney's Fees; Costs: In any litigation
~rising out of this oontract, t~e prevailing party in such
lit~gation which, for the purposes of this standard, shall
iRclude Seller, Buyer, Listing Broker, and any subagents to the
-5-
CIT'Y ATTORNEY'S OFFICE
Listing Broker, shall be entitled to recover reasonable
attorney's fees and costs.
P. 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
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.
Q. Agreement Not Reoordable; Persons Bound;
Neither this agreement nor any notice of it shall be recorded
~n 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.
· R. Conv,yance: Seller shall Convey title to the
real property by statutory warranty deed subject to an easement
for any ~r~lities that may exist and lie on the property.
S. Othmr Agreements: No prior or present agree-
ments or representations shal'~-be bln~&ng 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 ~t.
T. Warrant~es: 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:
C~ty of Delra¥ Beach
Thomas Lynch,"Nayor
ATTEST: Approved as to Form:
C~ty Clerk City Attorney
-6-
OFFICE TEL N0. 40,' 2,":c: 4755 apr 0.~?,9~ '.;'".-? ; '~:?,
SEI. J.,SR:
Dale ~ Davi~
~eorge T. Davis
County of
The foregoing instr~ent was acknowledged~ ethel°re me this
(name of person acknowledg/ng), who ts personally known to me
or who has produced
(type of identification) and w~o did (did not) take an oath.
P~in~, ~pe or Stamp Name of
County of
The £oregolng instrument was acknowledged before me this
(name o~ peraon acknow~edq~ng}, who Is personall~ known to me
(type of lden~if~ca:lon) and who did (did not) take an oath.
S[qnat e of Notary Public
~r~nt', ~pe or Stamp 'Name of
Notary Public
CITY I]F I:IELRrI¥ BEIII:H
CITY ATTORNEY'S OFFICE
FACSIMILE 407/278-4755 w~'.'l.'t.~ar · m ~t. ar,m~ 'r-.'l.n~
(407) 243-7090
April 1, 1993
Mr. Dale L. Davis
3913 Jenica Way
Louisville, KY 40241
Subject: Sale of Davis Property 418 S.W. 3rd Avenue, Delray Beach, Florida
Our File No. 02-92.003
Dear Dale:
Enclosed is a draft copy of the contract for the sale of the
"Davis Property" located at 418 S.W. 3rd Avenue, Delray Beach,
Florida. City Attorney Jeffrey Kurtz provided me with the
required information and asked me to forward a draft copy of
the contract. Please review the contract and advise me with
any revisions you deem necessary.
I would~ke to present this offer to the City Commission at
its April 13, 1993 meeting. Therefore, I ask that you provide
me with your comments as soon as possible. I will need copies
of a signed and notarized contract prior to Commission action.
Please call if you have any questions. Thank you for your
cooperation.
Sincerely,
David N. Tolces, Esq.
Assistant City Attorney
DNT:sh
Enclosure
cc: Robert A. Barcinski, Assistant City Manager
CONTRACT FOR SALE AND PURCHASE
DALE L. DAVIS and GEORGE T. DAVIS, ("Seller"), of
Louisville, Kentucky, 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:
The East 21' of Lots 45, 46 & 47 plus all of Lots 52, 53 &
54; Sundy & Tenbrook Addition to Delray
II. PURCHASE PRICE ................ $44,000.00
III. TIME FOR ACCEPTANCE; EFFECTIVE DATE: If this offer is not
executed by and delivered to all parties OR FACT OF EXECUTION
conmnunicated in writing between the parties on or before April
30, 1993, 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
deed and~her closing papers delivered on or before June 1,
1993, 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
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 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 Real 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 Real Property at time of closing unless otherwise
stated herein. If occupancy is to be delivered before closing,
Buyer assumes all risk of loss to Real Property from date of
occupancy, shall be responsible and liable for maintenance from
that date, and shall be deemed to have accepted Real 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 contract. 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. 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.
C. Ingress and Eqress: 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
-2-
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 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 Closinq: 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: Seller 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 Seller.
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
-3-
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 year's 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 equit-
able 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 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 i~0rovement by the public body.
L. Inspectiont Repair 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, 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
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
-4-
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 A~3~nt'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 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
this escrow, unless such misdelivery is due to willful breach
of contract or gross negligence of Agent.
- O. Attorney's Fees; Costs: In any litigation
arising out of this contract, the prevailing party in such
litigation which, for the purposes of this standard, shall
include Seller, Buyer, Listing Broker, and any subagents to the
-5-
Listing Broker, shall be entitled to recover reasonable
attorney's fees and costs.
P. 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
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.
Q. 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 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.
R. Conveyance: Seller shall convey title to the
real property by statutory warranty deed subject to an easement
for any u~ities that may exist and lie on the property.
S. 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.
T. 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:
City of Delray Beach
By:
Thomas Lynch, Mayor
ATTEST: Approved as to Form:
City Clerk City Attorney
-6-
SELLER:
Dale T. Davis
George T. Davis
State of
County of
The foregoing instrument was acknowledged before me this
(date) by
(name of person acknowledging), who is personally known to me
or who has produced
(type of identification) and who did (did not) take an oath.
Signature of Notary Public
Print, Type or Stamp Name of
Notary Public
State of
County of
The foregoing instrument was acknowledged before me this
(date) by
(name of person acknowledging), who is personally known to me
or who has produced
(type of identification) and who did (did not) take an oath.
Signature of Notary Public
Print, Type or Stamp Name of
Notary Public
--7--
ATTORNEY'S OFFICE TEL ¢.Io. ~., 27?.: 475% Apr 01,95 11:57 P.O~
NOTICE OF INTENT TO ACQUIRE REAL PROPERTY
NOTICE IS HEREBY GIVEN, that the City of Delray Beach,
Florida, has determined it to be in the best interest of the
City ~o purchase certain real property, for municipal purposes,
more particularly described as follows:
The east 21' of Lots 45, 46 & 47 plus all
of Lots 52, 53 & 54; 8undy & Tenbrook
Addition to Delray
Subject to easements, restrictions, limitations, and other
matters of record for the purchase price of $1.00 and other
good and valuable consideration. A Resolution of the City
CommiSsion of the City of Delray Beach, Florida, authorizing
the purchase of the property and on the terms and conditions
set forth above, will be considered for adoption by the City
Commission aC a regular meeting to De held at 6:00 p.m. on
April 13~ 1993.
CITY OF DELRAY,BEACH, FLORIDA
Alison MacGregor Harry
City Clerk
PUBLISH ~ The News
'~-~pr i 1 5, 1993
A il--pr-- 12,1993