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R96-138'1 2 3 4 5 6 7 10 11 12 13 14 15 16 17 18 19 2O 21 25 26 27 28 29 30 31 32 33 ~34 39 RESOLUTION NO. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING THE. PURCHASE OF LOTS 120, 121 AND 122, BLOCK B, BOYNTON HILLS AND LOT 34, BLOCK 16, ROLLING GREEN RIDGE, FIRST ADDITION; CONSISTING OF TWO (2) PARCELS OF REAL PROPERTY TO BE PURCHASED PURSUANT TO THE CITY ' S INFILL CONSTRUCTION PROGRAM AND; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Boynton Beach, has heretofore established a infill housing construction program for the purposes of supporting affordable housing forlow and moderate income citizens; and WHEREAS, the City has received a recommendation from Wilfred Hawkins, Assistant~. to the City Manager of August 30, 1996, to purchase the real property identified below: ao Lots' 120, 121 and 122~ Block B, Boynton Hills - subject property is approximately 16,582 square feet (.38 acres) zoned for single family residential. Contract price $13,000.00 Bo Lot 34, Block 16, Rolling Green Ridge, First Addition - subject property is approximately (.15- acres) zoned for single family residential. Contract price $8,500.00 NOW, THEREFORE, BE IT RESOLVED'BY THE CITY COMMISSION OF THE.- 'CITY OF BOYNTON BEACH, FLORIDA, THAT: SeCtion '1. The City Commission of the City of Boynton Beach approves and authorizes the .Mayor and City Clerk to execute Contracts for the sale and purchase of the real property more fully described herein: ae Lots 12'0, 121 and 122, Block B, Boynton Hills - subject property is approximately 16,582 square feet (.38 acres) zoned for single family residential. Contract price $13,000.00 Be Lot 34, Block 16, Rolling Green Ridge, First Addition - subject property is approximately (.15 acres) zoned for single family residential. Contract price $8,500.00 Subject to confirmation of clear title by the City Attorney. JAC/I. nlh 900182.BB PURCH .SND Page 1 of 2 1 2 3 4 6 7 8 9 10 11 12 13 14 16 20 21 22 23 24 25 26 27 28 Section 2. The CityCommission of the City of Boynton Beach authorizes the expenditure of $13,000.00 and additional monies that may be necessary for related costs and expenses relative to the purchase of Lots 120, 121, 122, Block B, Boynton Hills. Section 3. The City Commission of the City of Boynton Beach authorizes the expenditureof $8,500.00 and additional monies that may be necessary for related costs and expenses relative to the purchase of Lot 34, Block 16, Rolling Green Ridge, First Addition. Section 4. This Resolution shall become effective immediately upon its passage and adoption. PASSED AND ADOPTED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THIS /~ DAY OF ~-~ , 1996. ATTEST: CITY OF BOYNTON BEACH, FLORIDA Vi~e M.ay~r / / '~ // ~ Co~missioner C~sioner CI~ CLERK -- JA~S A. ! CITY ATT°] ~TiFY that I have e form of this RESOLUTION Page 2 of 2 Notice: This is a legally binding document. Consult your attorney if you do not understand any part of it. AGREEMENT TO SELL REAL PROPERTY THIS REAL ESTATE SALES AGREEMENT is made on the 1. Parties: The pa~ies to this Agreement are 28th dayof August 19 96 Seller Alex Lee Jenkins, Sr. and Latrina W. Jenkins, his wife Name(s) 1710 N.W. 1St. Terrace, Pompano Beach, Florida 33060 Address Buyer The City of Boynton Beach,Florida Name(s) 100 East Boynton Beach Blvd., Boynton Beach, Florida 33435 Address 2. Property. The Seller agrees to sell and the Buyer agrees to buy, on the terms stated in this Agreement, the following described property: Descripfion of Property: Property locally known as No. LOt 34, Block 16, Rolling Green Ridge, First located in the of Coun~of P~lm Re~¢b Addition andstateof Florida , and more particularly described as follows: Including all buildings and improvements on the Property and all fights of the Owner to streets, highways, alleys, driveways, easements and rights-of-way relating to the Property. And Including the following items of personal property: N/A 3. Restrictions. Buyer will accept the Property subject to restrictions of record providing they do not conflict with the present or intended specific improvements or intended uses of the Property, and have not been violated, unless their enforcement is barred by law; water lines, sanitary sewer, drainage, gas distribution line and main, electrical and telephone easements and rights-of-way of record provided they are or may be used to service the Property and provided buildings and other improvements on the Property are not on the easements; and also $ $ $_ $ The Purchase Price is as a deposit when Buyer signs this Agreement. as an additional deposit within 48 hours after Seller signs this Agreement by assuming the principal amount still unpaid on EXISTING MORTGAGE. by a standard Purchase Money Note and Mortgage from Buyer delivered at closing in the amount of $ with interest at the rate of $_ (balance) by cash or certified funds on the Closing and delivery of the Deed $ 8.. 500. O0 TotaI Purchase Price Eight Thousand Five Hundred Dollars ($_8,500 · 0.~, payable as follows: If a Purchase Money Note and Mortgage is to be given by Buyer, it shall be drawn on the standard form customarily used in the vicinity. The Buyer shall pay any mortgage recording tax and recording fees. 5. Adjustments to Purchase Price. There shall be pro-rated and adjusted as of closing, any rentals, mortgage interest, taxes computed on a fiscal year basis, water and sewer charges, and the following items (List: insurance, fuel or other additional items to be adjusted) Delinquent taxes due 1994 and delinquent taxes due 1995 and taxes accumulated for tax year 1996 to date of sale If there is an EXISTING MORTGAGE, the Seller will furnish to the Buyer a[ closing a statement by the mortgagee stating the unpaid principal balance, interest due and the terms of payment and shall assign to Buyer all reserves held in escrow by the mortgagee for payment of taxes, interest and other items and the Buyer shall repay to the Seller the amount of such reserves. The Buyer will accept title subject to, and will pay'all assessments and installments of assessments for, local improvements which are not payable as of date of delivery of deed. 6. Existing Mortgage (if any). the EXISTING MORTGAGE. r~.,~ F, oD~® 10120 © Copyright Rediform 1993 If an EXISTING MORTGAGE is assumed by Buyer, the Property will be conveyed subject to the continuing lien of 7. Financing. If all or part of the purchase price is to be financed by a new mortgage, Buyer agrees, upon acceptance by the Seller, to apply forthwith and in good faith for, and diligently process a year mortgage commitment in the amount of $ at a rate not exceeding %. Should such mortgage commitment be not obtained by either party by 19 , or be thereafter rescinded without fault of the Buyer, either party may cancel this Agreement by giving writ- ten notice of such cancellation to the other patty, in which event the monies paid on account hereof shall be returned to Buyer and this Agreement shall become null and void and neither party hereto shall have any Claim against the ~ther. 8. Costs and Expenses. Seller shall pay any transfer tax and for the filing of documents required to perfect rifle. Buyer shall pay mortgage tax. fee for recording deed and mortgage, mortgage holders assumption fee, private mortgage insurance premium, if applicable, and all inspection and reinspecrion fees charged by its lender, unless otherwise agreed upon. Any other costs and expenses will :be paid by the appropriate party in accordance:with the :standard practice in the vicinity. 9. Inspections. Before closing (but after written mortgage commitment has been obtained), Buyer shall have the right to inspect the Property with utili- ties in service at Seller's expense on reasonable notice to Seller. 10, Title. 'Except as specifically permitted in this Agreement, Seller shall transfer to Buyer good and marketable title free and clear of all liens, encum- brances, easements, restrictions, rights and conditions of record or known to Seller. [Strike out either (a) or (b).] (a) Seller shall deliver at Seller's expense a tax and title search and survey of the premises. In the event that Buyer shall raise any objection to Seller's title or to the improvements, which, if valid, would render the title unmarketable or the present or intended use of the improvements illegal (being in violation of any effective law. ordinance, regulation or restriction), Seller shall have the right to cancel this Agreement by giving written notice of such cancellation to Buyer and shall repay to Buyer any deposits made hereunder whereupon all liability by reason of this Agreement shall cease; provided. however, if Seller shall be able within a reasonable length of rime to cure the objection or if thereafter either party secures a commitment for title insurance at standard rates to insure against the objections raised, or title insurance acceptable to Buyer, Seller shall pay the cost thereof and in such event this Agreement shall remain and continue in full force and effect. - or- (b) The parties shall execute escrow instructions to , the escrow holder, whose fee shall be paid as follows: Promptly following the opening of escrow, Seller will deliver at Seller's expense a prelimina~j title report on the premises setting forth all Tide . Exceptions. Buyer shall have calendar days to reasonably disapprove any Title Exceptions. If Buyer fails to disapprove within ~he rime stated, the Title Exception shall be deemed approved. Seller shall furnish to Buyer at Seller's expense a title policy issued by (tide company), showing good and marketable title vested in Buyer subject only to the Title Exceptions specifically permitted under this Agreement or approved by ~ Buyer. If Seller cannot or will not eliminate all unpermitted and unapproved Title Exceptions, or fails to deliver ride as required under this Agreement, Buyer may terminate this Agreement and all deposits will be returned to Buyer and neither party shall have any other or further liability to the other. 11. Deed. At the time of closing herein, Seller shall tender to Buyer a deed (with lien covenant) conveying good and marketable rifle in fee simple to said premises free and clear from all liens and encumbrances, except as otherwise provided herein. 12. Possession. The Buyer shall have possession and occupancy of the premises from and after the closing of deed, subject only to the matters herein otherwise provided for, and the following: (List any continuing tenancies, etc.) 13. Closing. This Contract shall be closed at the appropriate recording office on the day of or at such time and place as Seller and Buyer mutually agree upon. Time is not of the essence as to the closing date; either party may after the above date, upon reasonable notice, declare time to be of the essence and set such a closing date. 14. Condition of Property, Buyer has inspected the buildings on the Property and the personal property included in this sale and is thoroughly acquainted with their condition. Buyer agrees to purchase them"AS IS"and in their present condition subject to reasonable use, wear, tear, and natural dete- rioration between now and CLOSING. Buyer shall have the right, after reasonable notice to Seller, to inspect them before Closing. 15. Default. By Buyer If Buyer fails to perform the Buyer's obligations, any deposits made by Buyer as may be retained by the Seller as agreed liquidated damages and in full settlement of any claim for damages. By Seller If the Seller fails to perform any of the Seller's Obligations, any deposits made by the Buyer, shall be returned to the Buyer on demand. 16. Broker's Commission. Seller and Buyer agree brought about this sale and the Seller agrees to pay the entire broker's commission. Seller authorizes his attorney to pay any balance of sale commission owed out of sale proceeds. The deposit(s) shall be held in escrow by 17. SIGNATURES. I~nless all of the persons whose names~ao~ear at the beginning of the Agreement sign it on or before the (C~C9 day of -~~x,~-~ ~)~ ,19 ~'([~ ,thisAgreementshalln~tot~comeeff, e~ , ._ _ ~o~sry p~ of Florida Date Seller's Forwarding Address Following Closing:_ RECEIPT OF DEPOSIT: Received the initial deposit of $ on account from Buyer. Agent's Signature Read the instructions and other important information on the package. When using this form ~'ou will be acting as your own attorney since Rediform, its advigors and retailers do not render legal advice or services. Rediform. its advisors and retailers assume no liability for loss or damage resulting from the use of this form. PARTIES: of ~ "~ (Phone ("Seller"), and ), of ("Buyer"), hereby agree that the Se er sba sell and Buyer shall buy the follow nd real ~re~e ............ (Phone , ), ~ ~ p ~[y [ r~e~u ~.roperw") and persona rD err "P ' · ,, ~erms a..,n~d~.c..o~nJ~_.o~n~s which INCLUDE the Standards for R~{~I Estate Transactions ("~,,)p~inted on the relvePrr~ orYa[t~a)n(.C,°lRl'~dCetl--vel-y '~:').Ul~.n.th.e [ollowing i' , , ' y ~uu~ ana ~aaenaa to mis instrument. (a) Legal_dc~.~criptionofR. ealProper.tylocatedin VO~/~ ~)~/1~ ~ ~ ~q. ou ..... · "5 --' . (b) Street address, city, zip, of the Property is: ----~"/'Lt~ ~ (C) Personalty: __ .. PURCHASEP.ICE .................................................... - PAYMENT: ................................................................................. $ .. (a) Deposit(s) to be held in escrow by , in the amount of .. $ (b) Additional escrow deposit within days after Effective Date in the amount of ................................................ $ (c) Subject to AND assumption of mortgage in good standing in favor of having an approximate present principal balance of... $ (d) Purchase money mortgage and note bearing annual interest at % (see Addendum) in amount of $ (e) Othen ...................... I rs heck), subject to adjustments and prorations ...................... $ J~'~: III. , -,,~, r~o~m~.c: ~r mis offer is not executed by and de voted to ali parties OR FACT OF ~r'~rnr~ ......... EX~,_,~,~ ,-,ummu[]lcareo in wrking between the parties on or before. , the depoalt(s) will, at Buyer's option, be returned to Buyer and this offer withdrawn. A facsimile copy of this Contract for Sale and Pumhase ("Contract") and any signatures hereon shall be considered for all purposes as originals. The date of Contract I"Effective Date") will be the date when the iast one of the Buyer and Seller has signed this offer. IV. FINANCING: (a) If, the pureha_s~lfjpe or agy~ lilbtrt of it is to be fi.n~lC.by a third-party loan, this Contracllislconditioned on the Buyer obtaining a written commitment for ~ (1) ~r(m2)o~r, rll~~a~:'a(nd~for th~'e ~UnS~pbal~:r~t~of ;~ ~table rate loan ~n will,~e~a~ Sl~cfta~;onEffective Dal~ initial interest rate not to exceed ~ - - ' PP' ' within , ~..r~[. days after Effective Date and use reasonable d~!~gence to .ob?m the Iqan comm~tm_em and,.ther~e,,a,_f~_,rj t.o m_eet t,he tar. ms and conditions, o.f the c.o. mmitment ~ close the loan Buyer she a all loan lea~st°an°c~tcaionn;i~onCs°~f~i~emeCotZmr i~r~leSntt.°th~l~t~/~e~?~¢rbtvh'_s__s_u_b_?ra.g..raph_~thln ~ time for obtaimng the commitment or after (~il~aent effor~:~Pa~isns~s' If B.u¥.er ~ , ,~ y prompt wrm~e ' e to me other ' u ~ to mee~ me ~ b Th - · · . ' may cancel t ontract an ( ) e existing mortgage described in Paragraph Il(c) above has (CHECK (1) or (2))-(l?l~ria~l~; .............. ~ijj~_ . .d Buyer shall b,eA-ef~ji~eq the deposit(s). At ' . . , · · . ~ -~ ........ ~-~ ,~t~ u. ~ Jlyteo Interest rate of t~' ~ -o~ bme of title transfer some fixed ~nterest rates are subject to increase f ncreased the rate shall not ¢,~,~r~,~4 ~u~ ~ . . . ~ ~ per annum. ' ---~ ,o per annum. ;sel~er snail, within :ffective Date furnish statements from all ~'~ ...................... da s after - , ,,,~,,~g~ otau.g pnncpal oaances, memoa of payment, interest rate and status of mortgages If Buyer has agreed to asSUme a ~ mortgage which requires approval of Buyer by the mortgagee for assumption, then Buyer shall promptly obtain all required applications an~ will dill ant com let them to the mortgagee Any mortgagee charge(s) not to exceed $ - by ~rnortgagee or the requirements for assumDtion are ncr i ..... .4;,~. ......... shall b.e..~a~ by. (if rlot filled in equally dividedf If ~ .... iP~l ~e~,a~n~¢~t,u..r~n or ~uyer may resc nd this Contract bv eremnt ~vriff~n nnfi~. ;~ ~"~'-'~'~-~-'~ .VVJUt [,ne [erms of mis L;ontract or mortgagee makes a' ch~ra~ in ~-~-~-~' [,' _"'-~Z';_ ;~ .... ¥~u . ,_ ._ ............... ,u. mumer party unless either elects to -a,, the i---^~- :- :-. ...... -"~- ......... o u, u,u s~a~ea amount, ~eller V. TITLE EVIDENCE: At least d davs .......... ...~,. , ~ s mortgagee charges. CHECK I ' . Y uu~ureu~osmgaa~e,'lIlI~hall, at~iiil(~xp nse delivert · ( ( ) or (2)) (t) [] abstract of btle or f2 ~]~itle nsura ..... ~,~., ~..~ ......... ._ .. Xl~.; ... o Buyer or Buyer's attorney, m accordance wth Standard A, : . ) ' ' nc~ ~,,,,,,,.,,,~,,. ,:,,,u, ~.t~[ u[u~l[~, owners policy or atle insurance; v,. .o; VII. : .sha_ll~be closed and the deed and other closing papers delivered on ~ ~'{~2~ ~ unless extended b other rovi ' , , MITATIONS: Buyer shall take title subject to: zoning restrictions nrohibiti~-o .~,.4 ...~...-...Z_..'~..___ '._~. _ _ Y . P. slens of Contract. and mattem appearing on the plat or otherwise common to the subdivision; public utility easements of record (easements ara to be located contiguous vn: ,a ram: Oar:s ~hmaend 1~ f. ez~t _~_n_ w_ i_d~t h_ ............... ~ .......ems 'mposed Dy governmen,a, authority; restrictions as,to the rear or front hn.e.s and 7Y~ feet in wldth.~as~to the side tines,,unlese otherwise sta~ herein), taxes for year to Real Property lines ant of closing and subsequent ¢ , ~u ,,,..,,ty,:t~=,=~ uno pumnase money mor~na~eo, iT °n"; oth : ' '- ~ '" ~ '' ' that there exists at closing no violation of the foregoing and none of them prevents use ~f Real Property for ~ ~ ~Lw ~1'~ '~ ' _' ' ; provided, purpose(s). VIII. OCCUPANCY: Seller warrants that there are no parties in occupancy other than Seller; but, if Property is intended to be rented or occupied beyond closin the fact and thereof shall be stated here n and the~ tenant(s) or occupants disclosed pursuant to Standard F Seller agrees to deliver co anc Of Pro g, [erms stated herein. If occupancy is to be delivered before closing Buyer assumes all risk ' ' . ;.- ..... cup !y perry at time of closin unless o h that date and sha b~ deemed to have accepted Preeertv in i~.~ ~yi~+inr, ,..- ..... .o.r ~Oas..~o, t~reperty fram dale of occupancy sn~ll be res~ono~-~ ........... g . t er.wise Of [aKl~ _~vut~__~x ..... ~ gtHtzffWl~if~ b~[a[~o ner~n or Jn a separate writing. IX. TYPEWRITTEN OR HANDWRITTEN PROVISIONS: Typewritten or handwritten previsions shall control all printed previsions of Contract in conflict with them. X, RIDERS: [CHECK if any of the following Ridem are applicable and are attached to this Contract): (a) [] COASTAL CONSTRUCTION CONTROL LINE RIDER (c) [] FOREIGN INVESTMENT IN REAL PROPERTY TAX ACT RIDER (e) [] FHA/VA RIDER (b) [] CONDOMINIUM RIDER (d) [] INSUJ.I~TION RIDER (f) [] OTHER: ,, XI. ASSIGNABILITY: (CHECK (;/) or (2)): Buyer (1) [] may assign or (2) l~may not assign this Contract. XII. SPECIAL CLAUSES: (CHECK (1) or (2)): Addendum (1) [] is attached or (2) [] there is no Addendum. XIII. TIME IS OF THE ESSENCEOF THIS CONTRACT. XIV,~ ,,~ISCLOSURES; Buyer [~acknowledges or [] does not acknowledge receipt of the agency/radon/compensation and estimated closing costa disclosures ... BUYER'S INITIALS l~tl~'~l~[Elrd~[~ll~lt~E A LEGALLY BINDING CONTRACT. IF NOT FULLY UNDERSTOOD, SEEK THE ADVICE OF AN ATTORNEY PRIOR TO SIGNING. THIS FORM HAS SEEN APPROVED BY THE FLORIDA ASSOCIATION OF REALTORS AND THE FLORIDA BAR. 7, ' I .... 7 .-'; co. R THz o' SOC~ Sec)uri~ orTa f- ' (Seller) - --' .... ~?~J~t. Date ty X I.D. # // ' · " /' Social Security:r Tax ID #~ (Buyer) Date ~ r_ ~'_./ I ii~_ ~ _~d[~ - ~ ~-...;~.~.~'~.-~.~. ..-!_ i ~;_ d~l'L 'D t Social Security or Tax I.D. # (Seller) - · - a e Social Security or Tax I.D. # ~'~--I~ 3 ~1~ O Deposit under Paragraph Il(a) received; IF OTHER THAN CASH, THEN SUBJECT TO CLEARANCE. (Escrow Agent) ER'S FEE: (CHECK AND COMPLETE THE ONE APPLICABLE) By: ~r IF A LISTING AGREEMENT IS CURRENTLY IN EFFECT: OR Seller agrees to pay the Broker named below, including cooperating sub-agents named, according to the terms of an existing, separate listing agreement: ~. IFNO LISTING AGREEMENT IS CURRENTLY IN EFFECT: Se er agrees to pay the Broker named be ow at ,1~ ~ . , time of closing from the disbur ~Yo .of. gr?ss pu.rchase pnce or $ for Broker's service~ in effR(:finn +h,~s~e~'m-e~nts-'°f ~he proceeds of the s~.,!.e, compensaton in the amount of COMP , ?uy..er taus to perTorm and deposit(s)is retained 50% thereof but not ~3;;-;.~'=:~-'":~-~'-u-,~Y,nn?ng the Buyer ready, ,w.?n.g and able to purchase pursuant (~o the ~oEr~E .ONLY ONE) ~t.,c, iu. mn.g c~ost, s expended by Broker, and the balance shall be a.~id tn R,~l~''~'?~'u ~.u ~[u..~ers fee adore provided, shah ee paid Broker as full considemfinn fnr Rr?~O.=l~g ~C~nt. ract. .... ee~.~droKer o.n delnand. In an~' lit~lation arisi,,f~ out rtl.the C~-~c~-c~'~'.:-'~-~;.,~~~.n~e-rr~a-n.sa°,n°.n sh.all not c(.o. se because of refusal or failure of Seller to n~'~'m~-~-~.'";'h~.~e~rv~c~s.' .,a ~ ~-~ .... ~':~7,,---/Zi,_~ _~,ro.~r sree, the p~ev~a,l,n~,~p~a?~y tha~l~ecover re~so~n~ab_l~attor.~ne~.Y,S, f~e_~;__an_d_ ~o~'~'.=.~.~ .L~ q l '~ 3 N .L$ pu~ III. CONSENT AGENDA C.1 cc: Octavia Finance COMMUNITY REDEVEr.OPMENT DEPARTMENT MEMORANDUM #96-031 Date: August 30, 1996 From: Mayor & Commissioners wilfred Hawkins, Assistant to the City Manager Land ACquisition Attached are for in the These F and it is this departme fair. ase of program, that the be used )raised, .ces are Lots 120, 121~,i and 122, Blk B, approximately 1~,582 Square f~ily residential construc acre: property is RIA f0~ S~ngle 0.00 Lot 34, Blk 1 property is is maintained subject that .,.. MN ~ qtt, MN MN qtg LI.I SOrmTION NO. 2 4 6 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 29 3O 31 32 33 34 35 36 37 38 39 A RESOLUTION OF THE CITY CITY OF BOYNTON BEACH,. OF THE WHEREAS, the City of Boynton Beach, has'heretofore established a infi11 housing construction program 'for the purposes of supporting affOrdable'houSing for low and moderate income citizensl and WHEREAS, the City has received a recommendation from Wilfred Hawkins, Assistant to the City Manager of August 30, 1996, to purchase the real property identified below: Lots i20, 121 and 122, Block B, Boynton subject property is approximately 16,582 feeti i(.38 acres) zoned for: single residential. Contract price $13,000.00 Hills - square family Lot 34, Block 16~ Rolling Addition - subject property acres) zoned for single Contract price $8,500.00 Ridge, First imately (.15 residential~ /JJ NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT= Section 1. The City Commission of the City of Boynton Beach approves and authorizes, the Mayor and City Clerk to execute Contracts. for the sale and purchase of the'real property more fully described herein: Lots 120, 121 and 122, Block B, Boynton subject property is approximately 16,582 feet (.38 acres) zoned for single residential. Contract price $13,000.00 Hills - square family Subject to confirmation Lot 34, 'Block 16, Rolling Green Ridge, First Addition - subject property is approximately (.15 acres) zoned for single family residential. Contract price $8,500.00 of clear title by the City Attorney'. Page I of 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 ~17 L8 19 2O 21 22 23 24. 25 26 27 28 ~-.~9 30 ~&~qZk_~. The City Commission of the City of Boynton Beach authorizes the expenditure of.~13,000.00 and additional monies that may benecessary for related costs and expenses relative to the purchase of Lots 120, 121, 122, Block B, Boynton Hills. Section $. The City Commission of the City of Boynton Beach authorizes the expenditure of $8,500.00 and additionalmonies that may be necessary for related costs and expenses relative to the purchase of Lot 34, Block 16, Rolling Green Ridge, First Addition. · 9_C_t~L~D_~. This Resolution shall become effective immediately upon its passage and adoption. PASSED AND ADOPTED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THIS __ DAY OF , 1996. CITY OF BOYNTON BEACH, FLORIDA BY: Mayor Vice Mayor Com, issioner Commissioner co-missioner ATTEST: CITY CLERK- I HEREBY CERTIFY that I have approved the form of this RESOLUTION JAMES A. CHEROF CITY ATTORNEY ~AC/Lmh 9/3/96 000182..BB PURCH. SI, i) Page 2 of 2 Phone ), (a) Legal PAYMENT: (a) Deposit(s) to be held in escrow by in the amount of... $ (bi Additional escrow deposit within : days after Effective Date in the amount of ................................................ $ (c) Subject to AND assumption of mortgage in good standing in favor of having an aparoximate present principal balance of .,. $ {d) Purchase money mortgage and note bearing armual interest at % (see Addendum) in am(xmt Of ...................... $ (e) Othec. , . $ (fi Balance to close (U.S. cash. LOCALLY DRAWN certified or cashier's check), subject to adjustments and prorations ...................... $ ~;~- {~(~(~) ,~ J 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 ~tween the parties on or before the deDoalt(s) will, at Buyer's option, be returned to Buyer and this offer withdrawn. A facsimile copy of this ~ntract for Sale and Purchase ("Contract") and any signatures hereon shall be considered for all purposes as originals. The date of Contract ("Effective Date"] will be the date when e last one of the Buyer and Seller has signed thi~ offer. FINANCING: (a) I, the purcha~.et~i~e or agy~l~l(t, of it is to be fLn~{~lW a third-party loan, this C0n~tlii~,onditioned on the Buyer obtaining a wdtten commitment for or ( 2 ) o_r {,311)):1~) T~l~<ed, ( 2~{~;~'~djustable or ( 3 )~ a~lJ~! .or& ed~l!sfabis rate loan within ~,~'*,,I ?~raye after Effective Da~t~ ,a~tan initial interest rate not to exceed ,;J %, term of '~'~ y~am andtfo~ the princiDal amount of $ ~J~,~ .~ ~ .Buyer will make ~ within ~.~, _~ days after Effective Date and use reasonable diligence to obtain the loan commitment and, the_reaffe,r., ~ ..meet the t..e[.ms ,and condit~0ns...o.f .t~e. c~..mm.Erlr~..a.r~, c.l?e the Io_.a?_.__.Bl~e[__ s,h.~l ~__a_ll. _l(~n__,ex, L:~..,_ns.e_S.mlf_~u~t~ee fails to obtain t.h..e comm*.,.Tnent or .fails to wane. uuyers ngms u..n?er tnls sunpara.g, rapn ~mm ~ ama t'or ol:xalrang ..me c_om.m~ .tr~ .or_ a[[er_~o~[~ e~or[ ra.,~ tu iHE I. CLOSING DATE: This transaction shall be dosed and the deed and other closing papers delivered on Pt ~ ~g~_g~. ~ , unless extended by other provisions of Contract. IL RES'talC'nONS; EASEMENTS; UMW.' au~' .s~.l take ~ ~bje~t to~ zon!..ng., ~sthct~n?_, .Pr?~Utk~n~ ahd Ofhff. mquire,_man,_a~i~m~se~ ~ bx.g°v~n .meEsi ,au..t--h~-'t~r~nt~sct'~n~ ~d matters appearing on the plat or .o. therwiee corn .m(_:_~.. to the subd~v .k .~:~;.'.' pu.b.l.K: ~,l*.ffy ..ea~..n~ of rec~. (~_.a~_._~_~e_~_l~.a,_t~..__con~..a~___ r..o, _;.~_.a..._t~"o~.p~,rr~ ~t more than 10 feet in ,;vidth as to the rear or front lines and 7Y~ feet m ~ to rna s~oe ~nes,aun;ese.~ omenv;se ~ harems, [axes ~u~ yea, u, ,~,uo,,,~ a,,, =~ars: assumed mortcjages and purchase money mortgages, if any;, cthec. ~ ~ '~ . ~ t~--- ~ -~l,~J_ ~ : ; ;)rovided, ~at there exists at closing no violation of the foregoing and none of them prevents use of Real Property for .0~3 ~-~' --'~; ,e, fi~ purpose(s). IlL OCCUPANCY: Seller warrants that there am no parties in.. ~ other than Seller; but, if Property is .int..erred. to be rented o.r_occup, ied .be..~/ond c. lo ,s i_ _n~, , th~_!_a?_ ~r~Ohetre,,~? ~ereof shall be stated herein and the tenant(s) or occupants d~sclosed pursuant to Standard F_. Seller .agrees. p o.elrver occ~.~ I-'ropeny ..a[. ame~o,.r ~s}_ng__ _u_~!_e,~__u_~L~- from .~fc~l h~naln I~ ....... ~" ~ ~" h~ '~ ' f C 'nn ~n~r assumes all risk of loss to i-'roperty trom oa[e o! occtJpancy, si3all De re--iDle ane ~laD~ t'or .................. ~,~,~ ...... e ~vered be om ~ , ~,..: ..... , .... ~at date. and shall be deemed to have accepted Property ~1'~ existing condition as of time of taking occupancy unless otherwise stated her~i~ *n or m a seoarate wining. (.TYPEWRITTEN OR HANDWRITTEN PROVISIONS: Typewritten or handwritten provisions shall control all printed provialone of Correct in conflict with them. RIDERS: (CHECK if any of the following Riders are applicable and are attached to this Contract): (a) [] COASTAL CONSTRUCTION CONTROL LINE RIDER (c) [] FOREIGN INVESTMENT IN REAL PROPERTY TAX ACT RIDER (e) [] FHA/VA RIDER (fi [] OTHER: (bi [] CONDOMINIUM RIDER (d) [] ._I.I.I.I.I.I.I.I.~TION RIDER (1. ASSIGNABIUTY: (CHECK (1) or (2)): Buyer (1) [] may assign or (2) ~may not assign this Contract. ,(11. SPECIAL CLAUSES: (CHECK (1) or (2)): Addendum (1) [] is attached or (2) [] there is no Addendum. (111. TIME IS OF THE ESSENCE OF THIS CONTRACT. BUYER'S INITIALS (IV. DISCLOSURES: Buyer [~acknowiedges or I-] does not acknowledge receipt of the agency/radon/compensation and estimated closing costs disclosures .... ~--- THIS IS INTENDED TO BE A LEGALLY BINDING CONTRACT. IF NOT FULLY UNDERSTOOD, SEEK THE ADVICE OF AN ATTORNEY PRIOR TO SIG! ,. THiS FORM HAS BEEN APPROVED BY THE FLORIDA ~IATION OF REALTORS AND THE FLORIDA BAR. (Buyerl (Seller) ~ocisl E~:a~riht or lax I.D. # ,?~x:lal Socuffiy or Tax I.D. # ~3isl Security or Tax I.D. # Social Security or Tax I.D. # ~"~-L ~ ~ 3coosit under Paragraph Il(a) received; IF OTHER THAN CASH, THEN SUBJECT TO CLEARANCE. (Escrow Agent) ~R_~iKER'S FEE: (CHECK AND COMPLETE THE ONE APPLICABLE) By: ~ IF A USTIN~ AGREEMENT IS cuRRENTLY IN EFFECT: Seller agrees to pay the Broker named below, including cooperating sub-agents named, according to the terms of an existing, separate listing agreement: DR  IF N(~ USTING AGREEMENT IS CURRENTLY IN EFFECT: .................... ~-,,,,~ · s~er agrees to pay the Broker named below, at time of c~osing f~om the disb~r~e.me?ts.of.!he ~roc.?Us of the ~, co~n?L2._!?~e~[ ~.~,u,~,~o~ ~L~_.% of gross purchase price or $__ for Broker's services in affecting the sa~e Dy [inomg tne i:~uyer ~ao, y, ,w~!~} .rig ano. ~ !u pu~:,:-= .... ,.~--...**:_-¥2_fo~r._~,.~.,.; .... i~* ~ ~jer ~ai~ to perfor~ a,'U depoat(st is retai~. ~O~o t~eof, ~t not exoee~i.g th~ ~o..ke~'~ fee ~bo~e .roy,,~e~. sro! ~. ~a? nclt~din(3 costs exoended by Broker and the balance shall be pa~d to Seller. If the transact~n shall not close .~ca _u~_ ,,o~r re?usa! or ~a~u~ u[.~,~,, .~ ~. .... ~.;, -~, ........ Agency Disclosure Florida real estate licensees am required by law to disclose which party they represent in a transaction and to allow a party the right to ~ or refuse among the various agency relationships. The purpose of the AG~ DISCLOSURE is to acknowledge that the disclosure occurred and that the consumer has been inf~ of the various agency rela~ips which are available in a real estate transaction. The following descriptions of terms, agency relationships and the respective duties and obligations are based upon Florida Law (Chapter 475, Flodda Statutes). Seller'~ Agent A licensee who is engaged by and acts as the agent of the Seller only is known as a Seller's agent. A Seller's .agent has the following duties and obligations: To the Seller: (a) The fiduciary duties of loyalty, confidentiality, obedience, full disclosure, accounting and the duty to use skill, care and diligence. To t'he Buyer and Seller: (a) A duty of honesty and fair dealing, (b) A duty to disclose all facts known to the Seller's agent materially affecting the value of the property which are not known to, or readily observable by, the parties in a residential transaction. Buyer'~ Agent A licensee who is engaged by and acts as the agent of the Buyer only is known as the Buyer's agent. A Buyer's agent has the following duties and obligations: To the Buyer: (a} The fiduciary duties of lo~/alty, confidentiality, obedience, full disclosure, accounting and the duty to use skill, care and diligence. To the Seller and Buyer: (a} A duty of honesty and fair dealing. Di~clo.ed Dual Agen~ A disclosed dual agent is a licensee who, with the informed written consent of Seller and Buyer, is engaged as an agent for both Seller and Buyer. As a .disclosed dual agent, the licensee shall not represent the interests of one party to the exclusion or detriment of the interests of the other party. A disclosed dual agent has all the fiduciary duties to the Seller and Buyer that a Seller's or Buyer's agent has except the duties of full disclosure and undivided loyalty. A disclosed dual agent may not disclose: (a) To the Buyer that the Seller will accept less than the asking or listed price, unless otherwise instructed in writing by the Seller; (b) To the Seller that the Buyer will pay a price greeter than the pdce submitted in a written offer to the Seller, unless otherwise instructed in writing by the Buyer; (c) The motivation of any party for selling, buying, or leasing a property, unless otherwise instructed in writing by the. respective party; or (d) That a Seller or Buyer will agree to financing terms other than those offered, unless otherwise instructed in writing by the respective party. AGENCY DISCLOSURE is a 0 buyer I~*'~ler and is hereby informed that and Name(s) of Licensee(s) I are acting as E~'s Agent O Buyer's Agent. You have the explicit dght to choose or refuse among these relationships. Other brokerage firms may offer you other brokerage relationships. You am free to seek any brokerage firm offe~type of relationship you desire. Date Seller or Bu~ Seller or Buyer CONSENT TO DUAL AGENCy Sign only if you are giving your informed wri~en consent to the brokerage firm and its licensees acting as a dual agent representing both seller and buyer. Your signature also acknowledges that you have received a copy of this disclosure. Seller Date Seller Seller (print name) Seller (print name) Date Buyer Date Buyer Buyer (print name) ,~' Buyer (print name) ., THE AGENCY DISCLOSURE form has been adopted by the Florida Real Estate Commission and is required to be used by real estate licensees pursuant to Rule 61J2-10.036 of the rules of the Commission. AGO- 1 / SPR ?0-01-003.025 2/95 O, 995 Flortda Ass~3ciatk~ of Reettors® r~ Notice: This is a legally binding document. Consult your attorney if you do not understand any part of it. AGREEMENT TO SELL THIS REAL ESTATE SALI~-g AGREEMENT is made on the 28th dayof August 1. Parties: The parties to this Agreement are 19 96 Seller Alex Lee Jenkins, Sr. and La£rina W. genkins~ his wife Name(s) 1710 N.W. lat. Terrace~.Pompano Beach, Florida 33060 Address Buyer The City of Boynton Beach,Florida Name(s) 100 East Boynton Beach Blvd., Boynton Beach, Florida 33435 Address 2. Property. The Seller agrees to sell and the Buyer agrees to buy, on the terms stated in this Agreement, the following described property: Description,ofProperty: Propeny locally known as No.LOt 34, Block 16, ~olling Green Ridge, First Addition located in the of Countyof palm Reneh and state of l~l hr4 cln · and more particularly described as follows: Including all buildings and improvements on the Property and ali rights of the Owner to streets, highways, alleys, driveways, easements and rights-of-way relating to the Property. And Including the following items ofpersonel property: N/A 3. Restriclions. Buyer will accept the Propen'y subject to restrictions of record providing they do not conflict with the present or intended specific improvements or intended uses of the Property, and have not been violated, unless their enforcement is barred by law: water lines, sanitary sewer, drainage, gas distribution line and main, electrical and telephone easements and rights-of-way of record provided they are or may be used to service the Property and provided buildings and other improvements on the Property are not on the easements; and also 4. The Purehese Prke is $ $ $. $. Eight as a deposit when Buyer signs this Agreement. as an additional deposit within 48 hours after Seller signs this Agreement. by assuming the principal amount still unpaid on EXISTING MORTGAGE. by a standard Purchase Money Note and Mortgage from Buyer delivered at closing in the amount of $ with interest at the rate of Thousand Five Hundred .Dollars($8,500.0t~,payableasfollows: $ (balance) by cash or certified'funds on the Closing and delivery of the Deed $~d)j)~(~O~Total Purchase Price If a Purchase Money Note and Mortgage is to be given by Buyer, it shall be drawn on the standard form customarily used in the vicinity. The Buyer shall pay any mortgage recording tax and recording fees. 5. Adjustmenls to Purchas~ Price. There shall be pro-rated and adjusted as of closing, any rentals, mortgage interest, taxes computed on a fiscal year basis, water and sewer charges, and the following items (List:--insurance, fuel or other additional items to be adjusted) Delinquent taxes due 1994 n__n_d delinquent taxes due 1995 and taxes accumulated for tax year 1996 t0 date of sale If there is an EXISTING MORTGAGE, the Seller will furnish to the Buyer at closing a statement by the mortgagee stating the unpaid principal balance, interest due and the terms of payment and shall assign to Buyer all reserves held in escrow by the mortgagee for payment of taxes, interest and other items and the Buyer shall repay to the Seller the amount of such reserves. The Buyer will accept title subject to, and will pay all assessments and installments of assessments for, local improvements which are not payable as of date of delivery of deed. 6. Existing Mortgage (if any). If an EXISTING MORTGAGE is assumed by Buyer, the Property will be conveyed subject to the continuing lien of ©Copyright Rediform 1993 ~] ~. 7. Financing. If ail or part of the purchase price is to be financed by a new mortgage, Buyer agrees, upon acceptance by the Seller, to apply forthwith and in good faith for. and diligently process a _ year mortgage commitment in the amount of $ at a rate not exceeding _ %. Should such mortgage commitment be not obtained by either party by 19 , or be thereafter rescinded without fault of the Buyer, either party may cancel this Agreement by giving writ- ten notice of such cancellation to the other party, in which event the monies paid on account hereof shall be returned to Buyer and this Agreement shall become null and void and neither party hereto shall have any claim against the other. 8. Costs and Expenses. Seller shall pay any transfer tax and for the filing of documents required to perfect title. Buyer shall pay mortgage tax, fee for recording deed and mortgage, mortgage holders assumption fee, private mortgage insurance premium, if applicable, and ail inspection and reinspection fees charged by its lender, unless otherwise agreed upon. Any other costs and expenses will be paid by the appropriate party in accordance with the standard practice in the vicinity. 9. Inspections. Before closing (but after written mo~gage commitment has been obtained), Buyer shall have the right to inspect the Property with utili- ties in service at Seller's expense on reasonable notice to Seller. 10. Title. Except as specifically permitted in this Agreement, Seller shall ~ansfer to Buyer good and marketable title free and clear of ail Hens, encum- brances, easements, restrictions, rights and conditions of record or known to Seller. [Strike out either (a) or (b).] (a) Seller shall deliver at Seller's expense a tax and title search and survey of the premises. In the event that Buyer shall raise any objection to Seller's title or to the improvements, which, if valid, would render the title unmarketable or the present or intended use of the improvements illegal (being in violation of any effective law, ordinance, regulation or restriction), Seller shall have the right to cancel this Agreement by giving written notice of such cancellation to Buyer and shall repay to Buyer any deposits made hereunder whereupon ail liability by reason of this Agreement shall cease; provided, however, if Seller shall be able within a reasonable length of time to cure the objection or if thereafter either party secures a commitment for title insurance at standard rates to insure against the objections raised, or title insurance acceptable to Buyer, Seller shall pay the cost thereof and in such event this Agreement shall remain and continue in full force and effect. - or - (b) The parties shall execute escrow instructions to the escrow holder, whose fee shall be paid as follows: Promptly following the opening of escrow, Seller will deliver at Seller's expense a preliminary title report on the premises setting forth all Title Exceptions. Buyer shall have calendar days to reasonably disapprove any Title Exceptions. If Buyer fails to disapprove within the time stated, the Title Exception shall be deemed approved. Seller shall furnish to Buyer at Seller's expense a title policy issued by (title company), showing good and marketable title vested in Buyer subject only to the Title Exceptions specifically permitted under this Agreement or approved by --..., Buyer. If Seller cannot or will not eliminate all unpermitted and unapproved Title Exceptions, or fails to deliver title as required under this Agreement, Buyer may terminate this Agreement and all deposits will be returned to Buyer and neither party shail have any other or further liability to · the other. 11. Deed. At the time of closing herein, Seller shail tender to Buyer a deed (with lien covenant) conveying good and marketable title in fee simple to said premises free and clear from ail liens and encumbrances, except as otherwise provided herein. 12. Possession. The Buyer shall have possession and occupancy of the premises from and after the closing of deed, subject only to the matters herein otherwise provided for. and the following: (List any continuing tenancies, etc.) 13. Closing. This Contract shall be closed at the appropriate recording office on the day of or at such time and place aa Seller and Buyer mutually agree upom Time is not of the essence as to the closing date; either party may after the above date. upon reasonable notice, declare time to be of the essence and set such a closing date. 14. Condition of Prooerty. Buyer has inspected the buildings on the Property and the personal property included in this sale and is thoroughly acquainted with their condilion. Buyer agra~ to purchase them"AS IS"and in their present condition subject to reasonable use, wear, tear, and natural dete- rioration between now and CI. OSI~G. Buyer shall have the right, after reasonable notice to Seller, to inspect them before Closing. 15. k)~faulL By Buyer If Buyer fails to perform the Buyer's obligations, any deposits made by Buyer aa may be retained by the Seller as agreed liquidated damages and in full settlement of any claim for damages. By Seller If the Seller fails to perform any of the Seller's obligations, any deposits made I~y the Buyer, shall be returned to the Buyer on demand. 16. Broker's Commft~oll. Seller and Buyer agree brought about this sale and the Seller agrees to pay the enth~ broker's commission. Seller authorizes his attorney to pay any balance of sale commission owed out of sale proceeds. The deposit(s) shall, be held in escrow by 17' ~N~--T_.~R~_nless all °f the Pers°ns wh°se names~oplar at the beginning of the Agreement sign it on or before t~he C~ day of -jr ~/L4',%.~ .,~ , 19 ~"~(~ , this Agreement shall not become effective. · &ss ~o. Seller's Forwarding Address Following Closing: Date Date RECEIPT OF DEPOSIT: Received the initiai deposit of $, on account from Buyer. Agent's Signature Read the instructions and other important information on the package. When using this form you will be acting as your own attorney since Rediform. its advigors and retailers do not render legal advice or services. Radiform. its advisors and retailers assume no liability for loss or damage resulting from the use of this form.