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Res 04-08~~ RESOLUTION NO. 0408 '1 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING THE CITY TO PURCHASE FROM SELLER CERTAIN REAL PROPERTY IN PALM BEACH COUNTY, FLORIDA, AS DESCRIBED HEREIN, HEREBY INCORPORATING AND ACCEPTING THE CON"TRACT STATING THE TERMS AND CONDITIONS FOR THE SALE AND PURCHASE BETWEEN THE SELLER AND THE CITY OF DELRAY BEACH, FLORIDA. WHEREAS, the City of Dekay Beach, Florida, wishes to acquire certain property located at 126 - 136 N.W. 2"a Avenue, to provide for municipal expansion, a valid public purpose; and WHEREAS, the Seller hereinafrer named desires to sell the property hereinafrer described to the City of Dekay Beach Florida; and WHEREAS, it is in the best interest of the City of Dekay Beach, Florida, to purchase said property. 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 Dekay Beach, Florida, as Buyex, hereby agrees to purchase from Richazd P. LiCastri and Rosemary E. Curran, as Seller, for the purchase price of Six Hundred Seventy Five Thousand Dollars ($675,000.00), and other good and valuable consideration; said parcel being more particularly described as follows: The South 3 feet of Lot 10 and all of Lots 11 and 12, Block 43, TOWN OF LINTON (now known as Dekay Beach), according to the Plat thereof, as recorded in Plat Book 1, Page 3, of the Public Records of 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 aze incorporated herein as Exhibit "A". PASSED AND ADOPTED in regular session on this ~ day of February, 2008. ~~~ ~.~ MAYOR ATTEST: City Clerk CITM OF DELRA~ DELRAY BEACH All-AmericaCity 1IIII' 1993 2001 CITY CLE~I~ ~..-. PJUE ~E~ R.~'f 6EO ~; ' ,. _. ~ 61243-7060 CERTIFICATION I, CHEVELLE D. NUBIN, City Clerk of the City of Delray Beach, do hereby certify that the attached document is a true and correct copy of Resolution No. 04-08, as the same was passed and adopted by the Delray Beach City Commission in regular session on the 5th day of February, 2008. IN WITNESS WHEREOF, I have hereunto set my hand and the official seal of the City of Delray Beach, Florida, on this the 7th day of February, 2008. Chevelle D. Nubin City Clerk City of Delray Beach, Florida y~~-,~;qq7 h I'iC A.-t{-'~.tY ~k i'.,,i~,! ~Et3 r= i I.~c `~~d/ F u ed on P ryt ~ d -ctper CONTRACT FOR SALE AND PURCHASE PARTIES: Richard P. LiCastri and Rosemary E. Curran, husband and wife of 4223 Palm Forest Drive, North, Delray Beach, FL 33445 ("Seller'), and the CITY OF DELRAY BEACH, a Florida municipal corporation, of 100 N.W. First Avenue, Delray Beach, Florida (Buyer), hereby agree that the Seller shall sell and Buyer shall buy the following described Real Property and Personal Properly (collectively "Pro e " upon the following terms and conditions, which INCLUDE the Standards for Real Estate Transactions ("Standard(s)"1 on the reverse side hereof or attached hereto and riders and any addenda to this Contract for Sale and Purchase ("Contract"). I. DESCRIPTION: (a)Legal description of the Real Property located in Palm Beach County, Florida: See Exhibit fl" II. PURCHASE PRICE $675,000.00.00 III. TIME FOR ACCEPTANCE; EFFECTIVE DATE; FACSIMILE: If this offer is not executed by and delivered to all parties OR FACT OF EXECUTION communicated in writing between the parties on or before February 7, 2008, this offer may be withdrawn. The date of Contract ("Effective Date ") will be the date when the last one of the Buyer and the Seller has signed this offer. A facsimile copy of this Contract and any signatures thereon shall be considered for all purposes as originals. IV. TITLE EVIDENCE: Prior to closing, Buyer may, at Buyer's expense, obtain a title insurance commitment and, after closing, an owner's policy of title insurance. V. CLOSING DATE: This Vansaction shall be closed and the deed and other closing papers delivered within thirty (30) calendar days following the execution of this Contrail, unless modified by other provisions of this Contract. VI. RESTRICTIONS; EASEMENTS; LIMRATIONS: Buyer shall take title subjeil to: comprehensive land use plans, zoning, restrictions, prohibitions and other requirements imposed by governmental authority; restrictions and matters appearing on the plat or otherwise common to the subdivision; and public utility easements of record. VII. OCCUPANCY: Seller warrants 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 and the tenant(s) or occupants shall be disclosed pursuant to Standard F. Seller shall deliver occupancy of Property to Buyer 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 its existing condition as of time of taking occupancy unless otherwise stated herein. VIII. TYPEWRITTEN OR HANDWRITTEN PROVISIONS: Typewritten or handwritten provisions, riders and addenda shall control all printed provisions of this Contract in conflict with them. IX. ASSIGNABILITY: (CHECK ONLY ONE): Buyer (1) _ may assign and thereby be released from any further liability under this Contract;- may assign but not be released from liability under this Contract; or X may not assign this Contract. br~ X. SPECIAL CLAUSES; ADDENDA: HERE X CITY OF DELRAY BEACH ..o. If additional terms are to be provided, attach ad dum and CHECK Ric P. LiCastri Tax ID No.: ~mary E. ID No.: !~1 V ~~ ADDENDUM TO CONTRACT FOR SALE AND PURCHASE SELLER: Richard P. LiCastri and Rosemary E. Curran, husband and wife BUYER: CITY OF DELRAY BEACH PROPERTY ADDRESS: 126 N.W. 2ntl Avenue, Delray Beach, Florida 33444 X. SPECIAL CLAUSES; ADDENDA (Continued): A. FOREIGN INVESTMENT IN REAL PROPERTY TAX ACT ("FIRPTA"): The parties shall comply with the provisions of Internal Revenue Code Section 1445 and applicable Treasury Regulations issued thereunder. If the Seller is a U.S. person for Internal Revenue Code Section 1445 purposes, then on demand of the Buyer and prior to closing the Seller shall provide the Buyer with a certificate of non- foreign status in the manner provided in Treasury Regulations Section 1.1445-2. If the Seller provides the Buyer with such certificate, and if the Buyer is otherwise permitted to rely on such certificate under those Regulations, the Buyer shall not withhold under Internal Revenue Code Section 1445. If the Seller is a 'foreign person' as defined by the Internal Revenue Code, the Buyer generally is required to withhold 10% of the gross sales price from the Seller at closing and to pay the withheld amount over to the Internal Revenue Service (IRS) unless an applicable exemption from withholding or a limitation on the amount to be withheld is available. To the extent that the cash to be paid over to the Seller at closing is insufficient to cover the Buyer's withholding obligation, the Seller shall provide to the Buyer at closing cash equal to such excess for purposes of making such withholding payment. If the Seller's federal income tax on the gain is less than the applicable withholding amount, the Seller may make advance application to the IRS for reduced withholding and, if granted, the Buyer shall withhold only the authorized reduced amount. If such ruling has not been received by closing, the parties at closing shall enter into an escrow agreement reasonably satisfactory to the Buyer and Seller pending receipt of the ruling, provided that at closing the Seller shall have the obligation to provide to the escrow agent from the closing proceeds (or from the Seller's other resources if necessary) cash equal to the maximum required withholding, with any excess withholding being refundable to the Seller upon receipt of a favorable ruling from the IRS. Buyer and Seller understand that the IRS requires the Buyer and the Seller to have a U.S. federal taxpayer identification number and to supply that number on the foregoing forms. A foreign individual may acquire an International Taxpayer Identification Number for this purpose. Since it may take several weeks to receive the number after application and the IRS will not process these forms without the actual number, a party lacking a TIN is advised to apply immediately. B. The Buyer shall have thirty (30) calendar days within which to conduct any and all feasibility studies and determinations relative to the suitability for the acquisition of the subject property by the Buyer and the Buyer reserves the express right to terminate this Contract at any time during said period for any reason or no reason, in Buyer's sole discretion, whereupon Buyer shall receive a full refund of all deposit monies paid hereunder. Buyer shall be granted reasonable access to the premises to conduct such feasibility studies and determinations, including environmental assays, core drilling, surveys, soil sampling and other such testing. C. This Contract is expressly contingent and conditioned upon the approval of the same by the City Commission of the City of Delray Beach. W D. The parties represent and warrant that there is no broker involved in this transaction to whom a commission would lie due. E. Seller will not enter into any new leases without Buyer's consent. At present there are five existing month-to-month leases. ~~. STANDARDS FOR REAL ESTATE TRANSACTIONS A. SVIDHNC6 OF TITLE: (1)An abstract of title preparetl or brought current by a reputable antl existing abstract firm lif not existing then certified as correct by an existing firm) purporting to be an accurate synopsis of the instruments affecting title to Real Property recorded in [he public records of the county wherein Real Property is located, through Effective Date. It shall commence with the earliest public records, or such later date as may be customary in the county. Upon closing of this Contract, the abstract shall become the property of Buyer, subject to the right of retention thereof by first mortgagee until fully paitl. (2) A title insurance commitment issued by a Florida licensed title insurer agceeinq 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 provided in this Contract antl 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 Contract. Marketable title shall be determined according to applicable Title Stantlards adopted by authority of The Florida Bar antl in accordance with law. Buyer shall have 30 days, if abstract, or 5 days, if title commitment, from date of receiving evidence of title to examine it. If title is found defective, Buyer shall, within 3 days thereafter, notify Seller in writing specifying defe ctfs). If the defect(s) render title unmarketable, Seller will have 30 days from receipt of notice to remove the defect(s), failing which Buyer shall, within five (5) days after expiration of the thirty (30) tlay period, deliver written notice to Seller either: (1) extending the time for a reasonable period not to exceed 120 days within which Seller shall use diligent effort to remove the defects; or (2)requestinq a refund of deposit(s) paid which shall immediately be returned to Buyer. If Buyer fails to so notify Seller, Buyer shall be deemed to have accepted the title as it then is. Seller shall, if title is found unmarketable, use diligent effort to correct defect(s) in title within the time pcovitletl therefor. If Seller is unable to timely correct the defects, Buyer shall either waive the defects, or receive a refund of tleposit (s), thereby releasing Buyer and Seller from all further obligation antler this Contract. C. SVAVEY: Buyer, at Buyer's expense, within time allowed to deliver evidence of title, may have Real Property surveyed and cert ifietl by a registered Florida surveyor. If the survey discloses encroachments on the Real Property or that improvements locatetl thereon encroach on setback lines, easements, lantls of others, or violate any restrictions, Contract covenants or applicable governmental regulation, the same shall constitute a title defect. E. INGRESS AND BGRESS: Seller warrants and represents that there is ingress and egress to the Real Property sufficient for the intended use as describetl in Paragraph VI hereof, title to which is in accordance with Standard A. F. LEA3E8: Seller shall, not less than 15 days before closing, furnish to Buyer copies of all written leases and estoppel letters from each tenant specifying the nature antl duration of the tenant's occupancy, rental rates, advanced rent and security deposits paitl 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, antl Buyer may thereafter contact tenants to confirm such information. Seller shall, at closing, deliver antl assign all original leases to Buyer. G. LIEN9: 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 antl further attesting that there have been no improvements or repairs to Property for 90 days immediately precetling date of closing. If Property has been improvetl, or repairetl within that time, Seller shall deliver releases or waivers of mechanics' liens executed by all general contractors, subcontractors, suppliers, and materialmen in atldit ion to Seller's lien affidavit setting forth the names of all such general contractors, subcontractors, suppliers and materialmen antl further affirming that all charges for improvements or repairs which could serve as a basis for a mechanic's lien or a claim for damages have been paid or will be paid at closing of this Contract. ~~ H. PLACE OP CLOSING: Closing shall be heltl in the county where Real Property is located, at the office of the attorney or other closing agent designated by Seller. 1. TI!ffi: In computing time periotls of less than six (6) days, Saturdays, Sundays and state or national legal holidays shall be excludetl. Any time periotls provided foe herein which shall entl on Saturtlay, Sunday or legal holiday shall extend to 5:00 p.m. of the next business day. Time is of the eeaence in this Contract. J. DOCTIDffiIT8 FOR CLOSING: Seller shall furnish deed, bill of sale, construction lien affidavit, owner's possession affidavit, and corrective instruments. Buyer shall furnish closing statement. K. BRPENSES: Documentary stamps on the tleetl and re cortlinq corrective instruments shall be paid by Seller. Unless otherwise provided by law or rider to this Contract, charges for the following relatetl title services, namely title or abstract charge, title examination, and settlement and closing fee, shall be paid by the party responsible for furnishing the title evidence in accordance with Paragraph IV. L. PRORATION3; CREDITS: Taxes, assessments, interesq insurance and other expenses antl revenue of Property shall be prorated through day before closing. Buyer sha113 have the option of taking over any existing policies of insurance, if assumable, in which event premiums shall be prorated. Cash at closing shall be increased or tlecreased as may be required by prorations to be made through day prior to closing or occupancy if occupancy occurs before closing. Advance rent and se w rity deposits will be creditetl ro Buyer. Escrow deposits heltl 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 assessment is available, taxes will be prorated based upon such assessment antl 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 completetl 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 proratetl based upon the prior year's millage and at an equitable assessment to be agreetl 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 shall, at request of ei Uer party, be readjusted upon receipt of tax bill on condition that a statement to that effect is signed at closing. M. SPECIAL A89E88MEHT LIENS: Certified, roof irmetl and ratified special assessment liens as of tlate of closing (not as of Effective Date) are to be paid by Seller. Pending liens as of date of closing shall be asswved by Buyer. If Che improvement has been substantially completetl as of Effective Date, any pending lien shall be considered as certified, confirmed or eatified and Seller shall, at closing, be charged an amount equal to the last estimate of assessment for the improvement by the public body. N. INSPECTION, REPAIR AND IAINTEIANCE: Se 11er warrants that, as o£ 10 days prior to closing, the ceiling, roof (including the fascia and so£f itsl antl exterior antl interior walls, foundation, seawa115 (or equivalent) and dockage do not have any VISIBLE EVIDENCE of leaks, water damage or structural damage antl that the septic tank, pool, all appliances, mechanical items, heating, cooling, electrical, plumbing systems antl machinery are in WORKING CONDITION. The foregoing warranty shall be limited to the items specifietl unless otherwise providetl in an atltlentlum. Buyer may, at Buyer's expense, have inspections matle of those items by a firm or individual specializing in home inspections and holding an occupational license for such purpose (if required) or by an appropriately licensed Floritla contractor. Buyer shall, prior to Buyer's occupancy or not less than 10 days prior to closing, whichever occurs first, report in writing to Seller such items that do not meet the above stantlards as to defects. Unless Buyer timely reports such tlefects, Buyer shall be deemed to have waived Seller's warranties as to tlefects not reported. If repairs or replacement are required to comply with this Stantlard, Se 11er shall cause them to be matle antl shall pay up to the amount provitletl in Paragraph (b). Seller is not required to make repairs oc replacements of a cosmetic nature unless caused by a defect Seller is responsible to repair or replace. If the cost of such repair or replacement exceeds the amount provided in Paragraph (b), Buyer or Seller may elect to pay such excess, failing which either party may cancel this Contract. If Seller is unable to correct the defects prior to closing, the cost thereof shall be paitl into escrow at closing. Seller shall, upon reasonable notice, provitle utilities service and access to the Property for inspections, including a walk-through prior to closing, to confirm that all items of Personal Property are on [he Real Property and, subject to the foregoing, that all required repairs and replacements have been made and that the Property, including but not limited to, lawn, shrubbery antl pool, if any, has been maintainetl in the condition existing as of Effective Date, ordinary wear and tear excepted. O. RIRR OF L088: If the Property is damaged by fire or other casualty before closing and cost of restoration does not exceed 38 of the assessed valuation of the Property so tlamaged, cost of restoration shall be an obligation of the Be 11er antl closing shall proceed pursuant to the terms of Contract with restoration costs escrowed at closing. If the cost of restoration exceetls 3& of the assessed valuation of the improvements so damagetl, Buyer sha 11 have the option of either to king Property as is, together with either [he 38 0[ any insurance proceeds payable by virtue of such loss or damage, or o£ canceling Contract and receivivq return of deposit(s). P. PFl)CEE09 OF SALE; CLOSING PAOCEDGRE: The tleetl shall be cecortled upon clearance of funds. If an abstract of title has been furnished, evidence of title shall be continued at Buyer's expense to show title in Buyer, without any encumbrances or change which would render Seller's title unmarketable from the date of the last evidence. All closing proceeds shall be held in escrow by Seller's attorney or other mutually acceptable esexow agent for a period of not more than 5 days after closing date. If Seller's title is rendered unmarketable, through no fault of Buyer, Buyer shall, within the 5 day period, notify Seller in writing of the defect and Seller shall have 30 days from tlate of receipt of such notification to cure the tlefect. If Seller fails to timely cure the defect, all deposit(s) shall, upon written demand by Buyer and within 5 days after demand, be returned to Buyer and simultaneously with such repayment, Buyer shall return Personalty and vacate Real Property antl reconvey the Property to Seller by special warranty deed and bill of sale. If Buyer fails to make timely demand for refund, Buyer shall take title as is, waiving all rights against Seller as to any intervening tlefect except as may be available to Buyer by virtue of warranties containetl in the deed or bill of sale. If a portion of the purchase price is to be derived from institutional financing or refinancing, requirements of the lending institution as to place, time of day and procedures for closing, and for disbursement of mortgage proceeds shall control over contrary provision in this Contract. Seller shall have the right to require from the lending institution a written commitment that it will no[ withhold disbursement of mortgage proceeds as a result of any title defect attributable to Buyer-mort gagor. The escrow antl closing procedure requiretl by this Standard may be waived if title agent insures adverse matters pursuant to Section 629.7891, F.S., as amended. Q. EHCRON: Any escrow agent ("Agent"I receiving funtls 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 antl contlitions of Contract. 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 Contract, Agent may, at Agent's option, continue to hold the subject matter of the escrow until the parties hereto agree to its disbursement, or until a jutlgment of a court of competent jurisdiction shall determine the rights of the parties or Aqe nt may deposit with the clerk of the circuit court having juristlict ion of the tlispute. 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 495, F.S., 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 Age n[ interpleads the subject matter of the escrow, Agent shall recover reasonable attorneys' fees and costs incurred with these amounts to be paitl from and out of the escrowed funds or equivalent and charged and awarded as court costs in favor of the prevailing party. The 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 neglige nce of Agent. .' S. FAILURE OF PHRFORMANCE: If Buyer fails io perform this Contract within the time specified (including payment of all tleposit (s)), the deposit(s) paid by Buyer and deposit(s) agreetl to be paid, may be recovered and retained by or for the account of Seller as agreetl 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 retu[n of Buyer's deposit(s) without thereby waiving any action for damages resulting from Seller's breach. T. CONTRACT NOT RECORDABLE; PERHONB BOiIlID; NOTICE: Neither this Contract nor any notice of it shall be recorded in any public records. This Contract shall bintl and inure to the benefit of the parties and their successoes in interest. Whenever the context permits, singular shall include plural and one gender shall include a11. Notice given by of to the attorney for any party shall be as effective as if given by or to that party. U. CONVEYANCE: Seller shall convey title to Aeal Property by Warranty Deed, subject only to matters contained in Pacagraph VI and those otherwise accepted by sayer. Personal Property shall, at request of Buyer, be transferred by an absolute bill of sale with warranty of title, subject only to such matters as may be otherwise provided fox herein. V. OTHER AGREII~NTB: No prior or present agreements or representations shall be bintlinq upon Buyer or Seller unless inclutletl in this Contract. No modification or change in this Contract shall be valid or binding upon the parties unless in writi nq antl executed by the party or parties intended to be bound by it. W. 1LIRRANTIE3: Seller warrants that there are no facts known to Seller materially affecting the value o£ the Property which are not readily observable by Buyer or which have not been disclosed to Buyer. ~i EXHIBIT "A" The South 3 feet of Lot 10 and all of Lots 11 and 12. Block 43. TOWN OF LINTON (now known as Delrav Beachl. according to the Plat thereof, as recorded in Plat Book 1. Page 3, of the Public Records of Palm Beach Countv. Florida. Tax Folio No. 12.43.46-16-01-043-0101 `. J MEMORANDUM TO: Mayor and City Commissioners FROM: R. Brian Shutt, Assistant City Attorney THROUGH: City Attorney DATE: January 29, 2008 SUBJECT: AGENDA ITEM 10.C. -REGULAR COMMISSION MEET_IN_ G_OF FEBRUARY 5, 2008 RESOLUTION 04-08 -PURCHASE OF PROPERTY - 126-136 N.W. 2ND AVENUE ITEM BEFORE COMMISSION The attached contract for sale and purchase provides that the City will purchase the multi-family units located at 126 - 136 NW 2"d Avenue for $675,000.00. BACKGROUND The purchase of this property would be used to accommodate future municipal expansion. There are currently 3 duplex buildings located on the property. The contract provides that 5 of the 6 units are currently rented and the City would allow the current tenants to remain. RECOMMENDATI.ON Approve Resolution 04-08. RESOLUTION NO. 04-08 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING THE CITY TO PURCHASE FROM SELLER CERTAIN REAL PROPERTY IN PALM BEACH COUNTY, FLORIDA, AS DESCRIBED HEREIN, HEREBY INCORPORATING AND ACCEPTING THE CONTRACT STATING THE TERMS AND CONDITIONS FOR THE SALE AND PURCHASE BETWEEN THE SELLER AND THE CITY OF DELRAY BEACH, FLORIDA. WHEREAS, the City of Delray Beach, Florida, wishes to acquire certain properly located at 126 - 136 N.W. 2nd Avenue, to provide for municipal expansion, a valid public purpose; 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. 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 Richard P. LiCastri and Rosemary E. Curran, as Seller, for the purchase price of Six Hundred Seventy Five Thousand Dollars ($675,000.00), and other good and valuable consideration; said parcel being more particularly described as follows: The South 3 feet of Lot 10 and all of Lots 11 and 12, Block 43, TOWN OF LINTON (now known as Delray Beach), according to the Plat thereof, as recorcfed in Plat Book 1, Page 3, of the Public Records of Palm Beach County, Florida Section 2. That the terms and conditions contained in the contract for sale and purchase and addenda thereto between the Cky of Delray Beach, Florida, and the Seller as hereinabove named are incorporated herein as Exhibit "A". PASSED AND ADOPTED in regular session on the day of 2008. Attest: MAYOR City Clerk Exhibit "A" CONTRACT FOR SALE AND PURCHASE PARTIES: Richard P. LiCastri and Rosemary E. Curran, husband and wife of 4223 Palm Forest Drive, North, Delray Beach, FL 33445 ("Seller'), and the CITY OF DELRAY BEACH, a Fbrida municipal corporation, of 700 N.W. First Avenue, Delray Beach, Florida (Buyer), hereby agree that the Seller shall sell and Buyer shatl buy the folowing descnbed Real Property and Personal Property (collectively "ProcertY,1 upon the following terms and conditions, which INCLUDE the Standards for Real Estate Transactions f"Standard(s1"1 on the reverse side hereof or attached hereto and riders and any addenda to this Contract for Sale and Purchase ("Contract'). DESCRIPTION: (a)Legal description of the Real Property located in Palm Beach County, Fbrida: See Exhibit i4' II. PURCHASE PRICE 5675,000.00.00 III. TIME FOR ACCEPTANCE; EFFECTIVE DATE; FACSIMILE: ff this offer is not executed by and delivered to all parties OR FACT OF EXECUTION communicated fn writlng between the parties on or before February 7, 2008, this offer may be withdrawn. The date of Contract ("Effective Date ") will be the date when the last one of the Buyer and the Seller has signed this offer. A facsimile copy of this Contrail and any signatures thereon shall be considered for all purposes as originals. N. TITLE EVIDENCE: Prior to closing, Buyer may, at Buyers expense, obtain a title insurance commitment and, after coring, an owners policy of title insurance. V. CLOSING DATE: This transaction shall be ckued and the deed and other closing papers delivered within thirty (30) glendar days following the execution of this Contract, unless modified by other provisions of this Contract. VI. RESI'RICI'IONS; EASEMENTS; LMRATIONS: Buyer shall fake title subject to: comprehensive land use plans, zoning, restrictions, prohibitions and other requirements imposed by governmental authority, restrictions and matters appearing on the plat or otherwise common to the subdivision; and public utility easements of record. VII. OCCUPANCY: Seller warrants there are no parties in ocwpancy other than Seller, but'rf Property ~ intended to be rented or occupied beyond closing, the fact and terms thereof and the tenant(s) or occupants shall be disclosed pursuant to Standard F. Seller shall deliver occupancy of Property to Buyer at time of Losing unless otherwise stated herein. If occupancy is to be delivered before Dosing, Buyer assumes all risk of loss to Property from date of ocwpancy, shalt be responsible and Crabte for maintenance from that date, and shall be deemed to have accepted Property in ifs existing condition as of time of taking occupancy unless otherwise stated herein. VIII. TYPEWRITTEN OR HANDWRITTEN PROVISIONS: Typewritten or handwritten provisions, riders and addenda shall control all printed provisions of this Contrail in conflict with them. IX. ASSIGNABILITY: (CHECK ONLY ONE): Buyer (1) _ may assign and thereby be released from any further liability under this Contreil;_ may assign but rmt be released from liability under this Contract; or X may not assign this Contract. b x. sPECw. clausES; AoDEHDn: If additional terms are to be provided, attach a dum and CHECK HERE ~I _. CITY OF DELRAY BEACH Ric P. LiCastri Tax ID No.: I D. ~~ ADDENDUM TO CONTRACT FOR SALE AND PURCHASE SELLER: Richard P. LiCashi and Rosemary E. Curran, husband and wife BUYER: CITY OF DELRAY BEACH PROPERTY ADDRESS: 126 N.W. 2"° Avenue, Delray Beach, Fbrida 33444 X. SPECIAL CLAUSES; ADDENDA (Continued): A. FOREIGN INVESTMENT IN REAL PROPERTY TAX ACT ("FIRPTA'~: The parties shall cromply wfth the provisions of Internal Revenue Code Section 1445 and applicable Treasury Regulations issued thereunder. If the Seller is a U.S. person for Internal Revenue Code Secton 1445 purposes, then on demand of the Buyer and prior to closing the Seller shall provide the Buyer with a certificate of non- foreign status in the manner provided in Treasury Regulations Section 1.1445-2. If the Seller provides the Buyer with such certificate, and 'rf the Buyer is otherwise permitted to rely on such certificate under those Regulations, the Buyer shall not withhold under Internal Revenue Code Section 1445. If the Seller is a 'foreign person' as defined by the Internal Revenue Code, the Buyer generally is required to withhold 10% of the gross sales price from the Seller at closing and to pay the withheld amount over to the Internal Revenue Service (IRS) unless an applicable exemption from withholding or a limitation on the amount to be withheld is available. To the extent that the cash to f>e paid over to the Seller at closing is insufficient to cover the Buyer's withholding obligation, the Seller shall provide to the Buyer at cbsing cash equal to such excess for purposes of making such withhokling payment If the Seller's federal Income tax on the gain is Tess than the appliceble withholding amount, the Seller may make advance application to the IRS for reduced withhokfing and, H granted, the Buyer shall withhokf only the authorized reduced amount If such ruling has not been received by closing, the parties at closing shall enter into an escrow agreement reasonably satlsfadory to the Buyer and Seller pending receipt of [he ruling, provided that at cbsing the Seller shall have the obligation to provide to the escrow agent from the dosing proceeds (or from the Selleris other resources if necessary) cash equal to the maximum required withholding, with any excess withholding being refundable to the Seller upon receipt of a favorable ruling from the IRS. Buyer and Seller understand that the IRS requires the Buyer and the Seller to have a U.S. federal taxpayer identificet'an number and to supply that number on the foregoing forms. A foreign individual may acquire an International Taxpayer Identification Number for this purpose. Since R may take several weeks to receive the number after applicaton and the IRS will not process these forms without the actual number, a party lacking a TIN is advised to appty immediately. B. The Buyer shall have thirty (30) calendar days within whkh to conduct any and all feasibility studies and determinations relative to the suitability for the acquisition of fhe subject property by the Buyer and the Buyer reserves the express right to terminate this Contract at any time during said period for any reason or no reason, in Buyer's sole discretion, whereupon Buyer shall receive a full refund of all deposit monies paid hereunder. Buyer shall ue granted reasonable access to fhe premises to conduct such feasibility studies and determinations, inducting environmental assays, core drilling, surveys, soil sampling and other such testing. C. This Contract: is expressty contingent and conditioned upon the approval of the same by the City Commission of the City of Delrey Beach. D. The parties represent and warrant that there is n0 broker involved in this transaction to whom a comm(ssion would be due. E. Seller will not enter into any new leases without Buyer's consent At present there are five existing month-to-month leases. STANDARDS FOR REAL.ESTATE TRANSACTIONS A YVIDII1Ci OF SZSgZ: I1)An abstract of title prepared or btougnC current by a reWtable and exiatinq aDatra et Lirm Iif net exiatinq trten ee rcitied as correct by an existing firm) purporc3ng to be an accurate synapsis of the Lnstcuments a£teceing title to Real Property cecortled in the public recoctls of [he county woe rein Real Property is located, Through E£fecilve Date. It shall commence with the earliest publle taco [tls, or such later date as may De customary !n ins county. Upon closing of this Contract, the abstract snail become [ne props z[y of Buyer, subject to the right of retention thereof Oy f1 xsC mortgagee until fully paitl. 121 A title insurance commitment issued by a Florida licensed rifle Insurer agreeing to issue to Bvye r, upon retoidi nq of the Eeed to Huyer, an owner's policy of title insurance in the amount of the purcnase prl ce, insuring Buyer's title to Real Property, subjecT only tv liens, ¢nCUmbxance e, exceptions oc qualification prwidetl in tore Contrad antl [hose whim snail be discharged by Seller at or before closing. Seller snail convey a marketable title subject only to liens, encumbrances, exceptions or gualificatlons set form !n Contract Mar keiaDle title shall be tle texmined according 20 applicable ri tie Standards adopted by autnoxfiy of Tne Florida Bai and in acwrdance witR law. Buyer shall nave 30 daYS• if abstract, Or $ days, iL title comsl tmenq from tlate of recaivtng evidence o£ title to examine it. if title 1a fountl detec[ivar euyez aha 11, witnin 3 days thereafter, notify Se Ller in writing specifying defect(s). if the defect ls7 render title nnarkeiable, Seller will nave 30 days Scom zecclp[ of notice to remove Che defect ls), flailing whim Buyer shall, within Eive (51 days attar expiration Of the thirty 130) day period, deliver written notice Co Seller either: 111 exientling the time Eor a reasonable period not to exceetl 120 days wi Nin which Seller snail use tliligeni effort to remove the detects: or (2l requesting a refund of deposit (s] paltl which snail Immediately be [eturnetl to Huyer. If Buyer Eai is to so notify Seller, Buyer shall be tl¢¢med fo have accepted the bile es it then v Salle[ shall, if title is found unmax ketaDle, use diligent Offort to correct defett ls) Ln title witnin ethe time pxovldetl tnerefoc. If Seller is unable to t1m¢ly correct the defects, Buyer shall either waive the defects, or receive a refuntl of tleposlt (s), thereby releasing Buyer and Seller from all further Obligation under tors Contract. C. BgRVPr: Buys i, at Buyer's expense, within time allowed to deliver evidence of title, may have Reel Property surveyed and certified by a registered F10 ride surveyor. If the survey discloses encxoacnmente on the Roa'_ Property Or Coat impcovevbnts located thereon eneroaU on setback knee, easements, lands oL Diners, ox violate any restrictions. Contract covenan[9 Ox applicable gova rnmental regulation, the Same Snell constitute a title tlefect. 6. IZxIIRa6 ALID [(LtLBa: Seller warren is and represents roar mere Ss ingzeae a:W egress to tRe Real Property sufficient [or the intendetl use as de acribetl in Paragraph vI neraof, tltl.e to wnlcn is in accordance wltn Standard A. P. LGBiB: Seller snail, not less roan 15 days before clasinq, Eurnisn to Buyer copies of all written lessee and estoppel letters frpm each tenant specifying the nature and duration of the tonant'a occupancy, rental cares, advancetl rent and security deposits paid by [¢nanT. iE Sell ex is unable to obtain ouch Letter £:am <aM tenant, the same information shell be furnished by Seller to Buyer witnin that time period in the form of a Seller's affidavit, antl Bvyez may tnereafter contact tenants to ronfirm such information. Seller snail, at closing, deliver and assign all original leases io Buyer. C. LI6N6: Seller shall fu rni ah to Buyer a[ time of closing an affidavit attesting to the absence, unless of herwiae provided for herein, of any financing statements, claims of lien or potential lienoxa known co Seller end further attesting that there nave bean no improvements or repairs CO Property fox 90 deya immediately precetling dace of closing. IE Property nos been impcoved, or repaired witnin [net time, Seller snail deliver releases ox waivers of mecnanio' liens execuiad by all general contractors, subcontractors, suppliers, and materia linen in addition Co Seller's lien affidavit setting form the names of all such general gOntrae[ois, subconi rectors, suppliers and uterlaimen and further affirming :oat all merges for improvements or repairs which edpltl Serve as a basis foL a meChani c's lien Ox a claim for damages nave been pa id or will be paid ~a~t~ Closing of [nls Contrast. `Y ~~ K pfaQ Or CIABINO: Closing shall be held in the roun[y whets Real Property is located, a[ the office of the attorney or other closing agent tlesigcuted Dy Se23er. L Tlls: In computing time pexiotls of less than six (61 tlays, Saturdays, Suntlays antl state or national legal holies ys shall be ezclvtletl. Any time periods yrovitletl for hnxeln which ena11 antl on Saturday, Sunday o[ legal holiday shall extend to 5:00 p.m. of the next business day. Time i• of tM eeeenge Sn this Contract. I. DOCC!lQiT3 yCez Ca483a8a: Seller shall fumieh tleed, bill 0[ sale. conatructlon lien off idevit, owner's poaaeaalon affidavit, and corrective that rvmen[5. Buyer srtall furnisA cloainq statement. K )r~8: Documentary atapps on the tleed antl recording corrective instrument shall be paid by Seller. Lnlesa oCherwl se provided Dy law or cider to [his Contract. Gorges for the following related title se cutter, namely title or abstract cAacge, title examination, and settlement antl closing fee, shall De paitl by Ne party xespons IDle for turnSShing Ne title evidence Sn acwxdance with Paragraph IV. L PROeATIONB: CRmITB: Taxes, as sesam¢nGa, intecesq Lnaurantt and other expenses and ceve.rva of Property shell be proratetl through tlay before cloning. Buyer sha113 Dave the option of Caking over any ezistSng polities of insurance, if assumable, Sn which even[ premiums shall be prorated. Cash at closing shall be SnCteasetl or tleexe clad as may be requixetl by proration9 to De made NxougD day prior to closing or occupancy if occupancy occurs before closlnq. Atlvance rent and security deposits will be credited t0 Buyer. EsGrOw deposits held by mortgagee will be credited Co Seller. Taxes shall be proratetl ba aatl on the cv[t<nt year's tax vtth tlue allowance natl¢ for maximum allowable digCOUnt, hrmegtead and other exemptions. If closing occurs at a date when [be Cq[zeni year's millage is not £1 zed, and current year's assessment is available, Lazes will be proratetl based upon such assessment and trte prior year's nit loge. If current year's assessment is not available, then taxes will De prorated on [Re prior year's fax. Sf the rv are completed improvements on Real Property by January 1st of year of closing, which iapzovement were not in existence en January 1st of the prl or year, then taxes shall be prorated based upon the prior year's mlllage and at an equl table assessment to De agreetl upon between the parties, failing which, request will be made to the County Property App[aiser fo[ an informal assessment Laklnq into COn9ldaxdii On available G%Gmpt10t13. My [dX pLOtati00 D89ad On do G9[imdL 9ha11, ai [lrrylaC Of either pa x[y, be r0atl}oared upon receipt of tax bill on condition that a statement to that effect Ss signed ai cloel nq. RL ep8CL1L A886881m1T LIHIB: Cexti£ietl, roe tl rmed and raeifiea sped al ease lament hens as of Gate of cloainq In of as oL Effective Datel era to be paid by Seller. Pending liens as of tlata of closing srtall be as aumed Dy Buye[. If the inmrovement Ras Deen substantially completed as of Effective Uata, any pe+~dinq lien shall be tonal tleretl ae certified, confirmed oz ratified and Seller sDall, at cloainq, be charged an amount equal to the last estimate of arse lament for 1Re improvement by the public body. N. INSPBC[ICH, RSPAIlt 111® MLIIlLf:tDSiGR: SeL`er warrants that, as of 10 days prior to cloainq, the calling, rooS (including the fascia and soffiLSl and exterior and Sntezloz walls, foundation, seawalls {OZ Ggulvalenq ana dockage do no[ have any VISIBLE EVIDENCE of leaks, vatic damage oz stmctuzal tlamage antl Nat the septic ten k, pool, all appliances, mechanical toms, heating, coaling, electrical, plunbinq eyetems avd machinery are in wORXING CONDITION. TDe focagoin9 va rran[y srtall Da limited to the Stine specified unless otherwlsa provltled in en addendum. Buyer may, at Buyer's expense, Rave inspections made of those items by a Pi nn er 1ntllvltlual specializing in none inspections and Holding an occupational license foe sucrt purpose fif requireCl or by an appropriately licensed Florida rnntractpx. Buyer shall, prior to Buyer's occupancy or not less than 10 tlays prior to closing, wnicnever occurs first, report in writing co Seller such items that do not meet the above amndards as to defects. Unless Buyer timely reports avch defects, Buycz shall be damned Lo nave waived Seller's wa [rantias as to de Eecis not reported. If [epaira or replacement are required to comply with this S[antla cd, Seller shall cause them to bG made and shell pay up to the amount provided In ParagrapH (D). Sailer is hoc required to make repairs or replacements of a rnsmetlc nature unless caused by n defect Seller Ss responsible to repair Or replace. If the cost of avch repair os replacement excaetla Ne amount provitlatl in Paraqrapn _ (b), Buyer or Eellez may elect to pay avch excess, failing whl eA either party may centtl this Contact. If Seller Ss uniDle to correct the defects prior to dOSing, the coat thereof shall be paid into escrow at closing. Seller shall, upon zeasonaDle notice, provlae utilicles service antl access to Ue Property for inspections, Sncludlnq a walk-NrougA prior to closing, to confirm that all items of Personal Property are on the Real Propec~y and, sub}act [o the foregoing, that all required repairs ae:d replacement have been made antl that [he Property, including Dut no[ limited to, lawn, sHxvbbery and pool, if any, has been mnintainetl in the condition exiatinq as u[ Effective Date, ordinary year end tear excepted. O. RIae Op IQ86: If Ne Property is damaged by Eire o[ otDer <awalty before Closing and cost Of restoration does no[ exce¢tl 3a of the assessetl valuation of Ne Property so tlanagetl, coat of restoration shell be an obi Sga [Son o[ Ne Seller antl ct osing 9ha11 proceed purwant to the terms of Contract with cestoraClOn coats esc[owed ac dosing. Lf Ne coat of restoration exceetls 3a of the assessetl valuation of the Smpsoveaent so damaged, Buyer shall have the option of either ie king Property es is, together with eS Nex the 3s or any lnsu ranee proceeds payable by virtue o1 coca loss of damage, or of canceling Contract antl retelving return of deposit (sl. P. PaDQ>1D8 OP BALI; [SaeING PROCmgla[: Trta deed shall be xewrded won clearance of tuMS. If an abat[aet of title Daa been fu[nished, evidence of title shall 1" continued at Buyer's expense to show title in auylr. witrtovt any encumbrances Or change wA1 cD would render Seller's title ulm~arketable from the tla[e of [rte lass evidence. All closing proceeds shall be Aeld in escrow by Sellars attorney or othai mutually acceptable escrow agent foi a pe clod of not more than 5 days after closlnq data. If Se ller'9 tStla Ss rendered unmarketable, tArougR no fault of Buyer, Buyer shall, within the 5 day period, notify Seller in writing eC the tleee ti end Seller shall Aave 30 tlays from dale of receipt Of such notification tp cure the defer[. If Seller fails to elnely cute the defect, all deposit ls) shall, upon wxittan demand Dy Buyer antl within 5 days after demand, De returned to Buyer and aimul taneously with such repayment, Buyer shall return Personalty and vacate Real Pope ziy and [e<onvay ana Property to Seller by special warranty tl¢etl and Dill oL sale. If Buyer Sails to make timely demantl far refund. Buyer shall take title as is, waiving all rights against Salle[ ae t0 any fate ruching ` y tlefeet except as may be avallaDle to Buyer by v1 r[ue o[ warranties contained in tM deed or bill of sale. If a portion of the purchase price Sa to De derived from in stlrvtional financing of refinancing, requiremen is of the lending Snstttutlon as to place, time of day and pzotetlu res foi closing. and Ior Qlsbutsement oI mortgage proceetls shall control over contrary provision in Uis Contract. Seller shall Dave the tight to require from the lending lnstitutlon a writCen commitment chat it will not withhold dlsburaement of mortgage proceeds as a result of any title def¢ci at txibutable to Buyer-coo rtgagor. The escra+ antl clw Snq procetluze required Dy this Standard nay be waived if title agent insures atlverse matters pursuant to Sectlen 637.')Bal, F.S., as amendetl. Q, sSCPDII: Any escrw agent (• ent'1 receiving fords or equivalent is authorized and agrees by acceptance of them to deposit them promptly, holtl same in asczew and, subject to clearance, disburse them in accortlance with t erm6 and conditions of Contract. Failure of clearance of funtls shall not excuse Buyer's performance. if Sn tloubi as to Agent's duties or liabilities under the provisions of Contract, Agent may, at Agent's aptlon, continue fo holtl the subject matter of [he escrow until she parties Dereto agree Co its dSsDUrsemen t, or until a Judgment of a court of competent jurisdiction nha11 determine the rights of the parties or Agent may deposit with the cl¢rk of the circuit court having ju rlsdi ctlon of the tli sputa. Upon notifying all parties concerned of such action, all liaDill Cy on the ps[c of Agertt shall fully <exminate, except ko the extent of accovntlnq for any items previously dell veretl out of escrow. If a licensed reel estate bcoke r, Agent w112 comply with p rovlai ons oC CTapter 415, F.S., es emended. Any suit between Buyer antl Seller vTlre Agent is made a party because of acting as Agent hereunder, or in any suit wherein Agent interpleads the subject matter of Ue escrow, Agent shall recover reasonable attorneys' Sees antl mats incurred with Ueae amounts to De paid from and out of the escrowed funds or equivalent antl chargetl and ova cdetl as court Costs in favor of the preva111nq party. The Agent shall not be liable to any party or person for mistlel ivory to Buyer or Seller of items subJ act to Chia escrow, unless such nisdelivery is due to willful breach of Contract of gross negligence of Agent. S f aAIIAxa W PGtigU9JStz: If Auyer falls to perform this Contract within the time specified linclutllnq payment of a12 tleposii (sl), the deposit (el paid Dy Buyer and tlepgsl.t UI agnetl to De paid, may ba recovered end retainetl by or for the aeeowne o[ Seller as agreed upon liquidated damages, consStlerat3on far the ex¢cuti on of [his Contze c[ and Sn full settlement of any claims; whereupon, Buyer and Seller shall De relieved of nil obligations under Contract: or Sel le x, at Seller's option, may proceed Sn equity to enforce Salle z'a rights antler this Contract. If, for any season other tRan failure of Seller CO make Seller's title marketabl< after diligent effort, Seller falls, neglects or refuses to perform this Cont[acq the euy¢r may seek specific perfocnanc! oz elect io receive the return of Buyer's deposit (sl without the veby waiving any action fox damages resulting from Seller's breach. t. CdRLW.Cf ND1' FICp'DAlL1: P>OtlQSB Hpglm; lx)IICL: Neither this Contract nor any notice of it shall M recorded Sn any public recoztls. ]Tie Contract shall bind and louts Co Shp benefit of the parties and their successors in interest- Nhenever the context permits, singular shall include plural antl one gender shall include all. xotSee given by or to the attorney for any party shall De as effectiv¢ as if given by or to chat party. [1 Cdui'[rAllbs: Seller shall convey tills to Real Property by lrranty Dead, subject only to matte[a contained in Paragraph VI and those otherwise accepted Dy Buyer. Personal Property shall, a[ request of Buyer, De transferred by an absolute bill of sale with warranty of title, subject only Lo sash mattecs as may be othervf.ae provided foi herein V. OT~R AGiaIDRB: ao prior or piasent agreements Or repre senta[SOna shall be bindix:g upon Buyer or Seller unless included Sn this Can[rae[. xo modification or change in Chie Contract shall be valid or binding upon the parties unless in vrSi inq and azecuted by UC party oz parties intended to b! bound by tt. W, 1b1BPANSILB: Salle[ warrants that there are no facts known to Seller materially affecting the value of the Property which are not readily oDServaDla by Buyer Or which have not Dean disclosed to Buyer. EXHIBIT "A' The South 3 feet of Lot 10 and all of Lots 11 and 12 Bloek 43 TOWN OF LINTON Inow known as Delray Beachl according to the Plat thereof as recorded in Plat Book 1 Paae 3. of the Publlc Records of Palm Beach County. Florida. Tax Folio No.12-43.48-16-01-043-0101 L' CC ~ ~CLv~e(cf~ www.bocanews.com • Boca Raton/Delray Beach News -Thursday, January 24, 2008 9 NOTICE OF INTEM TO NCOUIHE aENL PBOPEaTV NOTICE IS HEREBY GIVEN, Ihat me CAy of Delray Beach, Florga, has tla brmin~ H b bs in pro pest imereS of gla City b purchase certain real PIeP~ erpl b mmidpal Purposes, more par ipe SoNM1 3 leel of Lol to antl all al Lals 11 and 12, BIMY], tOWN OF LINTON (now know as Delray BeacM1l. ecWrEing Ip Ipa plat IM1ereol as ra mrtletl in PWI Baok 1, Page 3, al ipe Public gecprtla al Pelm Beacp ;:pWy Flada. the puxhaae is M Siz Hun@b Bev my-Five Tpousantl Dollars IUB {WS,000 OOI antl ie supi¢cl Ip Ipe of pie n lues- any com ch is set m.mme crtr of DELgnx aFncH. FLOgIDa cnaelle D. Neon, cNc GAy Gbrk PUBLIBH'. Anuarv 2<8 ]1, 8006 Baca ParavDekaY Beall Nacre CC . ~.a~~etd~ Boca katon/Delray Beach News -Thursday, January 31, 2005 • www.bocanews.com 6 Tp RCpUINE FERL PIIOPEFTY NOTICE IS MEHEBV GIVEN, ttlal the i City al De1raY Beall, florMa, has Ge~ lermirlad M1 Ip Oe in Ne neN interest of Ilse City Ip Wmhese certain reel IxW~ ell brrunkipal purposes, more Dar- IialBBytlescribaC as lNlpws: Th¢ BoNM1 3 I¢el of Lal 10 antl dll of Lela 11 antl 12 Block <3, TOWN OF LINTON (ww know ea ONray Beacn7, accorE'mg lp IM1e plat In¢reol es ra- mrtletl in Plel Book 1, Page 3, DI IM1e PuBI'm RecmEa pl Pelm DeecM1 Gpasy, Fbrlae. TM1e Durcnase is br Blx HuMrea Bev my.fNe IDousantl Dollars (Us 56)5.000.007 antl Is sunlecl lp IM1e terms and conEilione of Ine contract on lily wiln Ine Clly Clark. A Reaolu lba a Ine cay cammissoa a Ina cry pl Delray 6eacq Florida, eulnonzin9 lne purcnase of properlycantl Incorpo~ sate In naaemmll Be cone ae~etl m~ edpDrmn Oy Ine Glly Ccmmiasion at a regular mae0ng to De M1eltl on iues~ tlay, FaOruary B 2008 (or al any con- llnualion al sucM1 m¢enng wnicn h set py Ilrt Cummisvon7 al 1W Itm. in IYre Ccmmiasion GM1emOers al Cily Hell, 100 N W. lal Avenue. Delray Beacls, FlorAa. GITV OF DELRAY BEACH FLORIDA Cne'relk D NWn, CMC City GMrk Po0L13HJamvy 24 8 31, Mp3 Qoca Haler t~lklrry Baden Nexs ~V ~ D ` J O V