Res 65-02RESOLUTION NO. 65-02
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, DESCRIBED SUB OF
SECTION 20-46-43, NORTH 50 FEET OF THE SOUTH 150
FEET OF THE EAST 140 FEET OF THE WEST 305 FEET OF
THE NORTH V2 OF LOT 1 LOCATED ON SW 7TM AVENUE
AS MORE PARTICULARLY DESCRIBED HEREIN, HEREBY
INCORPORATING AND ACCEPTING THE CONTRACT
STATING THE TERMS AND CONDITIONS FOR THE SALE
AND PURCHASE BETWEEN ALAN KASFELD AND THE
CITY OF DFJJRAY BEACH, FLORIDA.
WHEREAS, the City of Delray Beach, Florida, wishes to acquire the vacant property
described as Sub of Section 20-46-43, North 50 feet of the South 150 feet of the East 140 feet of the
West 305 feet of the North V2 of Lot 1 located on S.W. 7th Avenue, for drainage retention purposes;
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 purpose described above.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DFJ.RAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the City Commission of the City of Delray Beach, Florida, as Buyer, hereby
agrees to purchase from Alan Klasfeld, as Seller, land for drainage retention purposes for the
purchase price of Thirteen Thousand Five Hundred Dollars ($13,500.00), and other good and
valuable consideration; said parcel being more particularly described as follows:
Sub of Section 20-46-43, North 50 feet of the South 150 feet of the
East 140 feet of the West 305 feet of the North V2 of Lot 1,
according to the plat thereof on file in the office of the Clerk of
Circuit Court in and for Palm Beach County, Florida.
Section 2. That the terms and conditions contained in the contract for sale and purchase
and addenda thereto between the City of Delray Beach, Florida, and the Seller as hereinabove
named are incorporated herein.
2002.
ATTEST:
PASSED AND ADOPTED in regular session on the ~ -~ day o£ ~
MAYOR
City Clerk
2 RES. NO. 65-02
S W 2ND ST.
SW
3RD
S W 3RD CT.
AUBURN CIRCLE NORTH
AUBURN CIR. S.
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S.W. 7TH ST ~
CAR VER ES TA TES o~
S.W. 7TH CT.
IHAITIAN
CA THOLIC
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S.W 8TH
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S.W. 6TH ST
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WA TER
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S.W. 7TH ST.
S.W. 7TH ST.
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CITY OF' DELRAY BEACH,
PLANNING & ZONING DEPARTMENT
RESOLUTION 65-02
SUB. OF SECTION 20-46-43
-- DIGITAL ~45E /v/AP SYSTE'M --
[lTV OF DELRR¥ BEI:II:H
CiTY ATTORNEY'S OFFICE
200 NW 1st AVENUE * DELRAY BEACH, FLORIDA 33444
TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755
Writer's Direct Line: 561/243-?091
1993
DATE:
TO:
FROM:
MEMORANDUM
July 24, 2002
City Commission
David Hard~n, City_Manager
Brian Shutt, Assistant City Attorney
SUBJECT: Resolutions 64-02 and 65-02 (Acquisition of Klasfeld Property)
Resolutions No. 64-02 and 65-02 authorizes the City to purchase two lots located in the
400 block of S.W. 7th Avenue from Alan Klasfeld for the purchase price of $13,500.00 per
lot. The purpose of the acquisition is to provide drainage retention in this area.
Incorporated within the resolutions are the terms and conditions of the contract for sale and
purchase. The contracts provide for the closings to occur by October 15, 2002. The City
will pay all of the expenses of the closings, except for documentary stamps and prorations.
Please place this item on the August 6, 2002 City Commission agenda. Please call if you
have any questions.
Attachments
CC:
Barbara Garito, City Clerk
Randal Krejcarek, City Engineer
RESOLUTION NO. 64-02
A RESOLUTION OF THE CITY COlV[MISSION OF THE CITY OF DELKAY
BEACH, FLORIDA, AUTHORIZING THE CITY TO PURCHASE FROM
SELLER CERTAIN REAL PROPERTY IN PALM BEACH COUNTY,
FLORIDA, DESCRIBED SUB OF SECTION 20-46-43, NORTH 50 FEET OF
THE SOUTH 200 FEET OF THE EAST 140 FEET OF THE WEST 305 FEET OF
THE NORTH ¼ OF LOT 1 LOCATED ON SW 7TM AVENUE AS MORE
PARTICULARLY DESCRIBED HEREIN, HEREBY INCORPORATING AND
ACCEPTING THE CONTRACT STATING THE TERMS AND CONDITIONS
FOR THE SALE AND PURCHASE BETWEEN ALAN KASFELD AND THE
CITY OF DELRAY BEACH, FLORIDA.
WHEREAS, the City of Delray Beach, Florida, wishes to acquire the vacant property described as Sub of~
Section 20-46-43, North 50 feet of the South 200 feet of the East 140 feet of the West 305 feet of the North 72 of
Lot 1 located on S.W. 7th Avenue, for drainage retention purposes; and
WHEREAS, the Seller hereinafter named desires to sell/he property hereinafter described to the City of.
Dekay 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 ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELKAY':
BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the City Commission of the City of Delray Beach, Florida, as Buyer, hereby agrees to
purchase from Alan Klasfeld, as Seller, land for drainage retention purposes for the purchase price of Thirteen
Thousand Five Hundred Dollars ($13,500.00), and other good and valuable consideration; said parcel being more
particularly described as follows:
Sub of Section 20-46-43, North 50 feet of the South 200 feet of the East 140 feet of
the West 305 feet of the North ~A of Lot 1, according to the plat thereof on file in
the office of the Clerk of Circuit Court in mad for Palm Beach County, Florida.
Section 2. That the terms and conditions contained in the contract for sale and purchase and addenda
thereto between the City of Delray Beach, Florida, and the Seller as hereinabove named are incorporated herein.
PASSED AND ADOPTED in regular session on the ~
day of ,2002.
ATTEST:
MAYOR
City Clerk
S, W. 2N D ST.
S W. 3RD ST.
AUBURN CIRCLE NORTH
~ HAITIAN
~ I
CHURCH
· A TER
z z TREATMEN7
~ ~ ~ PLANT
AUBURN CIR. S.
~ S.W. 7~ ST.
~ RESOk~TIO~ ~4-02
c~ ~ ~[maY atA~. ~ SUB. OF SECTION 2~643
~NING a Z~ING ~ENT
S.N. 21'0
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ii
CONTRACT FOR SALE AND PURCHASE
ALAN KLASFELD TRUST, ("Seller"), of Boca Raton, Florida, and CITY OF
DELRAY BEACH, a Florida municipal corporation, ("Buyer"), hereby agree that the Buyer
shall buy the following real property ("Real Property") upon the following terms and conditions:
I. DESCRIPTION:
Sub of Section 20-46-43, North 50 feet of the South 200 feet of the East 140 feet of the
West 305 feet of the North ~ of Lot 1, according to the plat thereof on file in the office of
the Clerk of Circuit Court in and for Palm Beach County, Florida.
II. PURCHASE PRICE ................ $13,500.00
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 August 7, 2002 the offer will, at Buyer's option, be withdrawn. The date of
this Contract ("Effective Date") will be the date when the last one of the Buyer and thc 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 October 15, 2002 unless extended by other provisions of the
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 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 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 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 oft~tle 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. 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. Inffress and E~ress: 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
materialmen in addition to Seller's lien affidavit setting forth the names of ali 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.
-2-
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 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 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 I st 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
yea~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 l~iens: 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. Inspection~ Repair and Maintenance: Seller warrants that, as often (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 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 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 canceling the agreement and
receiving return of deposit(s).
-3-
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 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.
(1997), 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. 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 Buyers deposit(s) without thereby waiving any action for
damages resulting from Seller's breach.
P. Aereement 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.
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 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: City of Delray Beach
By:
Mayor, David Schmidt
ATTEST:
By:
City Clerk
WITNESSES: I ~ _
(~lease Type or Print Name)
Approved as to Form:
By:.
City Attomey
(Please Type or Print Name)
STATE OF FLORIDA
COUNTY OF PALM BEACH
The foregoing instrument was acknowledged before me this ~ day of ,
2002 by who is personally known to me or
who has produced (type of identification) as identification.
Signature of Notary Public-
State of Florida
-5-
RESOLUTION [NO. 65-02
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, DESCRIBED SUB OF SECTION 20-46-43, NORTH 50 FEET OF
THE SOUTH 150 FEET OF THE EAST 140 FEET OF THE WEST 305 FEET OF
THE NORTH V2 OF LOT 1 LOCATED ON SW 7TM AVENUE AS MORE
PARTICULARLY DESCRIBED HEREIN, HEREBY INCORPORATING AND
ACCEPTING THE CONTRACT STATING THE TERMS AND CONDITIONS
FOR THE SALE AND PUP. CHASE BETWEEN ALAN KASFELD AND THE
CITY OF DELRAY BEACH, FLORIDA. i
WHEREAS, the City of De[ray Beach, Florida, wishes to acquire the vacant property described as Sub of
Section 20-46-43, North 50 feet of the South 150 feet of the East 140 feet of the West 305 feet of the North ½ ofl
Lot 1 located on S.W. 7th Avenue, for drainage retention purposes; 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
purpose described above.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELKAY
BEACH, FLOP.IDA, AS FOLLOWS:
Section 1. That the City Commission of the City of Delray Beach, Florida, as Buyer, hereby agrees to
purchase from Alan Klasfeld, as Seller, land for drainage retention purposes for the purchase price of Thirteen
Thousand Five Hundred Dollars ($13,500.00), and other good and valuable consideration; said parcel being more
particularly described as follows:
Sub of Section 20-46-43, North 50 feet of the South 150 feet of the East 140 feet of
the West 305 feet of the North ~A of Lot 1, according to the plat thereof on file in
the office of the Clerk of Circuit Court in and for Palm Beach County, Florida.
Section 2. That the terms and conditions contained in the contract for sale and purchase and addenda
thereto between the City of Dekay Beach, Florida, and the Seller as hereinabove named are incorporated herein.
PASSED AND ADOPTED in regular session on the ~
day of ,2002.
ATTEST:
MAYOR
City Clerk
S.W. 2ND ST.
S.W. 5RD
W. 5RD CT.
AUBURN CIRCLE NORTH
AUBURN CIR. S.
IJ
HAITIAN
CA THOLIC
CHURCH
7TH ST. ~
S.W.
CARVER £STA TES ~
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$.W. 6TH
S.W. 7TH
ST.
WA TER
TREATMENT
PLANT
S W. 7TH ST.
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CITY OF D~AY BEACH, FL
PLANNING & ZONINGDEPARll~IENT
-- O~T~ ~IS'E M,a.P $)'5*TEM --
RESOLUTION 65-02
SUB. OF SECTION 20-46-43
CONTRACT FOR SALE AND PURCHASE
ALAN KLASFELD TRUST, ("Seller"), of Boca Raton, Florida, and CITY OF
DELRAY BEACH, a Florida municipal corporation, ("Buyer"), hereby agree that the Buyer
shall buy the following real property ("Real Property") upon the following terms and conditions:
I. DESCRIPTION:
Sub of Section 20-46-43, North 50 feet of the South 150 feet of the East 140 feet of the
West 305 feet of the North ½ of Lot 1, according to the plat thereof on file in the office of
the Clerk of Circuit Court in and for Palm Beach County, Florida.
II. PURCHASE PRICE ................. $13,500.00
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 August 7, 2002 the offer will, at Buyer's option, 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 October 15, 2002 unless extended by other provisions of the
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 there exists at closing no
violation of the foregoing and none of them prevents the use of Real Property for residential
purpose.
VH. OCCUPANCY: Seller wan'ants 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 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 mnount 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. 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 restrictmns, agreement covenants or applicable governmental regulation, the same
shall constitute a title defect.
C. Ingress and E~ress: 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 ali 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 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.
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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.
Expenses: Documentary stamps on the deed 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 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 I st 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 exemptmns.
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 improvement by the public body.
L. Inspection, Repair and Maintenance: Seller warrants that, as often (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 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 ~)e 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 canceling the agreement and
receiving return of deposit(s).
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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 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 accounung for any items previously
delivered out of escrow. If a licensed real estate broker, Agent will comply with provisions of Chapter 475, F.S.
(1997), 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 A~ent 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. 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.
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 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 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 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: City of Delray Beach
By:,
Mayor, David Schmidt
SELLER:
Print
ATTEST:
By:,
City Clerk
~TNESSES: i~'.
(Please Type or Print Name)
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Approved as to Form:
By:
City Attorney
(Please Type or Print Name)
STATE OF FLORIDA
COUNTY OF PALM BEACH
The foregoing instrument was acknowledged before me this ~ day of ,
2002 by who is personally known to me or
who has produced (type of identification) as identification.
Signature of Notary Public-
State of Florida
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