R99-094RESOLUTION NO. R99-~
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA,
AUTHORIZING AND DIRECTING THE MAYOR AND
CITY CLERK TO EXECUTE A CONTRACT FOR
PURCHASE AND SALE OF REAL PROPERTY
BETWEEN THE CITY OF BOYNTON BEACH AND
LEON JENKINS, GAlL JENKINS, ANTHONY LATINO
AND JOSEPHINE LATINO.; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City Commission, upon recommendation of staff, has
deemed it to be in the best interests of the citizens and residents of the City to enter
into a Contract for Purchase and Sale of Real Property between the City of Boynton
Beach and Leon Jenkins, Gall Jenkins, Anthony Latino and Josephine Latino; and
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, Florida
does hereby authorize and direct the Mayor and City Clerk to execute a Contract for
Purchase and Sale of Real Property between the. City of Boynton Beach and Leon
Jenkins, Gall Jenkins, Anthony Latino and Josephine Latino, for the real property
more particularly described in said Agreement as Exhibit "A", which Agreement is
attached hereto.
Section 2. This Resolution shall become effective immediately upon
passage.
PASSED AND ADOPTED this
(Corporate Seal)
s~Re~iDs Purche~
day of July, 1999.
Vice
Mayor Pro Tem
Comm' 'oner~
Commissioner
PA~nES: Leon Jenkins, Gall Jenkins, Anthony Latino and Josephine Latino'
of Palm Beach County, Florida (Phone~61---~9'5-8751
and C y of Boynton Beach
of_a iunicioal Corporation, Palm Beach County, Florida (Phone~61-742(-"~'0
hereby ~ that Selle~'shall sell and Buyer shall buy the following described Real Property and Personal Property (collectively "Prooerty") upon the following terms and conditions, which
Include or~ndards for Real Estate Transactions ("StandardlsY') on the reverse side hereof or attached hereto and riders and addenda to this Contract for Sale and Pumhase ~"Contract").
I. DESCRIPTION: ' - ·
(a) Legal description of the Real Property located in Palm Beach County, Florida:LOt 13, Block 4, of Palm Beach
Country Club Estates, accordin~ to the Plat thereof as recorded in Plat Book
II, Page 43, of Palm Beach County, Florida
(b) Street address, city, zip, of the Property is:151 NE 9th Avenue, Boynton Beach, Florida 33435
(c) Personal Property: S / A
mi. PURCHASE PRICE: $33, (.J 0 0 o
PAYMENT:
(a) Deposit held in escrow by ,N,/A in the amount of ...... sN/A
(b) Additional escrow deposit to be made within days after Effective Date (as defined in paragraph III) in the amount of $
(c) Subject 1o AND assumption of existing mortgage in good standing in favor of
having an approximate present principal balance of ................................. $
(d) Purchase money mortgage and note to Seller (see addendum) in the amount of .................................................................................................... $
(e) Other: $
(f) Balance to close by U.S. cash, LOCALLY DRAWN certified or cashier's check or third-party loan, subject to adjustments or prorations ............... $ 3 3, 0 0 0 · 0 0
III. TIME FOR ACCEPTANCE OF OFFER; EFFECTIVE DATE; FACSIMILE: If this offer in not executad by and delivered to all parties OR FACT OF EXECUTION communicated in writing
between the parties on or before ~'1' / A , the deposit(s) will, at Buyer's option, be returned and Ihis offer withdrawn. The date of Contract ("Effective Date") will
be the date when the last one of the Bu~r~a~a Seller has signed this offer. A facsimile copy of this Contract and any signatures hereon shall be considered for all purposes as originals.
IV. FINANCING:
(a) If the Purchase Price or any part of it is to be financed by a third-party loan. this Contract is conditioned on Buyer obtaining a written commitment within N/Adays after Effective
~ for (CHECK ONLY ONE): ~ a fixed; ~1 an adjustable; or I~ a fixed or adjustable rate loan in the principal amount of $ , at an initial inlerest rate not to
.,ed ~ %. discount and origination fees nbt to exceed % of principal amount, and for a term of __ yearn. Buyer will make application within days after Effective
.~ and use reasonable diligence to obtain a loan commitment and, thereafter, to satisfy terms and conditions of'the commitment and close lhe loan. Buyer shall pay all loan
~_ ~nses. If Buyer falls to obtain a commitment or fails to waive Buyer's rights under this subparagraph within the time for obtaining a commitment or, alter diligent effort, fails to meet
the terms and conditions of the commitment, then either party thereafter, by written notice to the other, may cancel this Contract and Buyer shall be refunded the deposit(s); or
(b) The existing mortgage describ~ed in Paragraph Il(c), above, has (CHECK ONLY ONE): ~ a variable interest rate; or ~ a fixed interest rate of ___ % par annum. At time of title
transfer, some fixed interest rates are subject to increase; if increased, the rate shall not exceed % per annum. Seller shall, within days after Effective Date, furnish a
statement from each mortgagee stating the principal balance, method of payment, interest rate and status of mortgage. If Buyer has agreed to assume a mortgage which requires
approval of Buyer by the mortgagee for assumption, then Buyer shall promptly obtain the necessary application and diligently complete and return it to the mortgagee. Any mortgagee
charge(s) not to exceed $ shall be paid by Buyer. If Buyer is not accepted by mortgagee or the requirements for assumption are not in accordance with
the terms of this Contract or mortgagee makes a charge in excess of the stated amount, Seller or Buyer may rescind this Contract by written notice to the other party unless either
elects to pay the increase in interest rate or excess mortgage charges.
V. TITLE EVIDENCE: At least ~ days before closing date, but no earlier than days after Seller receives written notification that Buyer has obtained I~ Dan commitment or
has been approved for the loan assumption as provided in Paragraphs IV(a) or (b), above, or, f applicable, waived the financing requirements, (CHECK ONLY ONE): ~l~qeller shall, al Seller's
expense, deliver to Buyer or Buyer's attorney; or ~ Buyer shall at Buyer'~ expense obta n (CHECK ONLY ONE): ~ absWact of title;, or ~i~tiae insurance commitment (with legible copies of
insteuments listed as exceptions attached thereto) and, after closing, an owner's policy of title insurance.
VI. CLOSING DATE: This transaction shall be closed and the deed and other closing papers delivered on ~' ! A unless modified by other provisions of this Contract.
VII. RESTRICTIONS; EASEMENTS; EMITATIONS: Buyer sha fake title subject to' comprehensive land use nlan;' ;o~nn restrictions -r-~-=~-=°:
~ , =~, , I~ ua,,umull~ etllU Ua I~! mqulremen[s imposea Dy
governmental authority; restrictions and matters appearing on the plat or otherwise common to the subdivision; public utility easements of record (easements are Io be located conliguou~ lo
Real Property lines and r~ot more than 10 feet in width as to the rear or front lines and 7 1/2 feet in width as to the side lines, unless otherwise stated herein); taxes for year of closing and
subsequent years; assumed mortgages and pumhase money~, mortgages, if any (if additional tems, see addendum)', provided, that there exists at closing no violation of the foregoing
and none prevent use of the Property for N/A - .
purpose(s).
viii. OCCUPANCY: Seller warrants that there are no parties, in occupancy other than Seller; but if Proparty is intended to be rented or occupied beyond closing, the fact and terms thereof
and the fanant(s) or occupants shall be disclosed pursuant to Standard E Seller shall deliver occupancy of Property to Buyer al time of closing unless olherwise stated herein. If occupancy
is to be delivered before closing, Buyer assumes all risks 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 othen~vise stated herein.
IX. TYPEWRITTEN OR HANDWRITTEN PROVISIONS: Typewritten or handwritten provisions, riders and addenda shall control all printed provisions of this Contract in conflict with them.
X, RIDERS: (CHECK those riders which are applicable ~ND are attached to this Contract):
(a) ~ COASTAL CONSTRUCTION CONTROL LINE? .' (d) ~ VA/FHA (g) r.j HOMEOWNERS' ASSOCIATION DISCLOSURE
(b) ~ CONDOMINIUM (e) F..j INSULATION (h) ~ RESIDENTIAL LEAD-BASED HAZARD DISCLOSURE
(c) [3 FOREIGN INVESTMENT IN REAL PROPERTY TAX ACT (f) ~ "AS IS" (I) ~
Xl. ASSIGNABILITY: (CHECK ONLY ONE): Buye[~[3 may assign and thereby be released from any further liability under this Contract; LI may assign but not be released from liability
under !h!~ ~Contract; or r.3 may not assign this Contract
XlI. CLOSURES:
Radon is a naturally occurring radioactive gas that when accumulated in a building in sufficient quantities may present health risks to parsons who are exposed Io ii over time.
Levels of radon that exceed federal and state guidelines have been found in buildings in Florida. Additional information regarding Radon or Radon testing may be obtained from
your County Public Health unit.
(b) Buyer may have determined the energy efficiency rating of the residential building, it any is located on the Real Property.
(c) If the Real Property includes pre-1978 residential housing then Paragraph X (h) is mandatory.
XlII. MAXIMUM REPAIR COSTS: Seller shall not be responsible for payments in excess of:
(a) $ N / A for treatment and repair under Standard D (if blank, then 2% of the Purchase Price).
(b) $ N/A for repair and replacement under Standard N (if blank, then 3% of the Purchase Price).
XlV. SPECIAL CLAUSES; ADDENDA: If additional terms are to be provided, attach addendum and CHECK HERE
THIS IS INTENDED TO BE A LEGALLY BINDING CONTRACT. IF NOT FULLY UNDERSTOOD, SEEKTNE ADVICE OF AN A'rl'ORNEY PRIOR TO SIGNING.
THIS FORM HAS BEEN APPROVED BY THE FLORIDA ASSOCIATION OF REALTORS AND THE FLORIDA BAR.
Approval cloes not constitute an opinion ti3at any of ~e terms and conditions in this Contract should be accepted by ~e parties in a particular transaction. Terms and conditions should
b~ neg~ti~te~ based up~n the re~pe~t~e interes~s~ ~bj~cti~es and ~~~ns~f al~ i~terested pers~ns-~ (~Dat )~~~
COPYRIGHT 1995 BY THE FLORIDA BAR AND THE~bORID~ ASSOClATI(~I OF ?EALTORS
C~ity of Boynton Beach ~ ~
(B!
Socia (Date)
(Date) .~iier) / ~' - (Date)
Social Security orTax I.D. # Social Security orTax I.D. #
Deposit under Paragraph II (a) received; IF OTHER THAN CASH, THEN SUBJECT TO CLEARANCE.
BROKER'S FEE: The brokers named below, including listing and cooperating brokers, are the only brokem entitled to compansation in connection with this Contract:
Name:
Listing Broker '. Cooperating Brokers, if any
FAPJBAR-4 Revised 12/95 '~ FAR/BAR 12/95 RIDERS CAN BE OBTAINED FROM FLORIDA LAWYERS SUPPORT SERVICES, INC. (FLSSI)
(Escrow Agent)
=.D.~.T. ~IST. z Fax:954-7~-~261 Jun ~ '~9 16:~5 P.O,/O? ....
SECTION 27~ TOWNSHIP 45 $OUTH~ RANGE 4~ £AST
CASA LO/vIA
I
S 8~49'45"~
P.O.B.
sz. mR.~or I~ /~
SURVEY S,R, 804 (E. OCEAN AVE.)
GrNERAL NOTES.,
AREA =
BEARINGS ARE REFERENCED TO THE
BASELINE SURVEY OF STATE ROAD 804
AS SHOWN ON FLORIDA DEPARTMENT
OF TRANSPORAT~ON RIGHT OF WAY MAP
SECTION g3200-2507, SHEET 2 OF
THIS SKETCH EXIST SOLELY FOR THE
PURPOSE OF ILLUSTRATING THE LEGAL
DESCRIPTION TO WHICH IT IS ATTACHED.
3, ALL DIMENSIONS ARE CALCULATED UNLESS
OTHERWISE NOTED.
4, ~7-~'~HATCHED AREA TO BE SURPLUS
PROPERTY.
"71-:=1=-
1~357.4 M2 (14~610 SF)
NOT A SURVEY
FLORIDA DEPART~dENT OF TRANSPORTATION
R[-GHT OF WAY ivI&PP[NG
RIGHT OF WAY PARCEL SKETCH
STATI:' ROAD NO, 804' PALM BEACH COUNT'I