HomeMy WebLinkAboutR-2004-021-Purchase Surplus PropertyDoubleDProp RESOLUTION NO. 2004-021
A RESOLUTION OF THE CITY OF DANIA BEACH
FLORIDA, ACCEPTING AND APPROVING THAT
CONTRACT FOR PURCHASE AND SALE OF REAL
PROPERTY LEGALLY DESCRIBED AS EAST ONE-HALF
OF LOT 6, BLOCK 2 , SUN GARDENS, A
SUBDIVISION ACCORDING TO THE PLAT THEREOF,
AS RECORDED IN PLAT BOOK 26, PAGE 37, OF THE
PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA;
BY BETWEEN DOUBLE D REALTY HOLDINGS, INC. ,
AS BUYER, AND THE CITY OF DANIA BEACH, AS
SELLER, FOR A SALES PRICE OF $16,500;
PROVIDING A CONTRACTUAL CONTINGENCY THAT THE
CITY COMMISSION APPROVE A VARIANCE OR
VARIANCES TO BUILD A SINGLE-FAMILY RESIDENCE
WITH LOT DIMENSIONS LESS THAN REQUIRED BY
CITY CODE; AUTHORIZING THE CITY MANAGER TO
CLOSE THE TRANSACTION FOR SALE WITH
RESTRICTIVE COVENANTS LIMITING THE USE OF
THE REAL PROPERTY TO A SINGLE-FAMILY
RESIDENCE AND PROHIBITING RENTAL OF THE
RESIDENCE FOR A PERIOD OF TEN YEARS AFTER
THE SALE ; PROVIDING THAT ALL RESOLUTIONS OR
PARTS OF RESOLUTIONS IN CONFLICT HEREWITH BE
REPEALED TO THE EXTENT OF SUCH CONFLICT; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Part XII, Article 3, Section 5 of the Charter of the
City of Dania Beach authorizes the City Commission to exchange,
sell or convey real property acquired by the City of Dania Beach
from enforcement or foreclosure of city liens and the transfer of
lands available for taxes from Broward County and determined by the
City Commission to be surplus real property;
WHEREAS, the real property legally described as The East one-
half of Lot 6, Block 2, of SUN GARDENS, a subdivision according to
the plat thereof, as recorded in Plat Book 26, Page 37 , of the
1 RESOLUTION NO. 2004-021
Public Records of Broward County, Florida, was determined to be
• surplus property in accordance Part XII, Article 3, Section 5 of
the Charter of the City of Dania Beach, by City Commission
Resolution No. 2003-264 on November 25, 2003;
WHEREAS, a Contract for Sale and Purchase of the real property
legally described above was entered into by the City Manager in
accordance with City Commission Resolution No. 2003-264;
WHEREAS, the Contract for Sale and Purchase includes a
contingency that the Buyer' s purchase of this property is subject
to approval of a variance or variances by the City Commission to
build a single-family residence on a lot with dimensions less than
those required by the City Code for construction of a single-family
residence;
• WHEREAS, the Dania Beach City Commission finds that it is cost
effective, in the best interests of the City of Dania Beach, and
promotes the welfare of the residents of the City to efficiently
dispose of the aforesaid surplus property by selling the property
to Double D Realty Holdings, Inc. for $16, 500 .
NOW, THEREFORE, be it resolved the City Commission of the City
of Dania Beach, Florida;
Section 1 . That the Contract for Sale and Purchase of the real
property described herein is accepted and approved.
Section 2 . That the City Manager is authorized to close the
aforementioned Contract for Sale and Purchase of the real property
described herein, subject to compliance with Section 3 herein.
2 RESOLUTION NO. 2004-021
Section 3 . That the Warranty Deed transferring the subject
® property shall include covenants that restrict the use of the real
property to a single-family residence and prohibit rental of the
residence for a period of ten years after its sale to the buyer by
the City.
Section 4 . That all resolutions or parts of resolutions in
conflict herewith be and the same are hereby repealed to the extent
of such conflict .
Section 5 . That this resolution shall be enforced and take
effect immediately upon its passage and adoption.
PASSED AND ADOPTED THIS 10" DAY OF FEBRUARY, 2004 .
® B B AN ON
MAYOR-COMMISSIONER
ATTEST:
MI�IAM NASSER
ACTING CITY CLERK
ROLL CALL:
COMMISSIONER CHUNK - YES
COMMISSIONER FLURY - YES
COMMISSIONER MIKES - YES
VICE-MAYOR MCELYEA - YES
MAYOR ANTON- YES
APPROVED AS TO FORM AND CORRECTNESS :
�r
THOM S J q�' 0
CITY ATT RNEY
3 RESOLUTION NO. 2004-021
DANIA BEACH CITY COMMISSION
® REGULAR MEETING
FEBRUARY 10, 2004
7:00 P.M.
7.9 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, ACCEPTING
AND APPROVING THAT CONTRACT FOR PURCHASE AND SALE OF REAL
PROPERTY LEGALLY DESCRIBED AS EAST ONE-HALF OF LOT 6, BLOCK 2,
SUN GARDENS, A SUBDIVISION ACCORDING TO THE PLAT THEREOF, AS
RECORDED IN PLAT BOOK 26, PAGE 37, OF THE PUBLIC RECORDS OF
BROWARD COUNTY, FLORIDA; BY BETWEEN DOUBLE D REALTY
HOLDINGS, INC., AS BUYER, AND THE CITY OF DANIA BEACH, AS SELLER,
FOR A SALES PRICE OF $16,500; PROVIDING A CONTRACTUAL
CONTINGENCY THAT THE CITY COMMISSION APPROVE A VARIANCE OR
VARIANCES TO BUILD A SINGLE-FAMILY RESIDENCE WITH LOT
DIMENSIONS LESS THAN REQUIRED BY CITY CODE; AUTHORIZING THE
CITY MANAGER TO CLOSE THE TRANSACTION FOR SALE WITH A
RESTRICTIVE COVENANT LIMITING THE USE OF THE REAL PROPERTY TO
A SINGLE-FAMILY RESIDENCE; PROVIDING THAT ALL RESOLUTIONS OR
PARTS OF RESOLUTIONS IN CONFLICT HEREWITH BE REPEALED TO THE
EXTENT OF SUCH CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE.
City Attorney Ansbro read the Resolution by title.
In response to Commissioner Mikes' question regarding whether or not neighbors of the
adjoining properties had been contacted, City Manager Pato stated that he personally
had contacted both property owners and neither one expressed an interest in buying the
property.
Commissioner Mikes requested that a stipulation be added to the agreement to require
that the property be owner-occupied, not rented at all, for the first ten years.
A motion was made by Commissioner Mikes, seconded by Commissioner Chunn,
to adopt the Resolution with the additional stipulation that it not be used as a
rental property for ten years. The motion passed on the following 5-0 roll call
vote:
Commissioner Chunn —yes Vice-Mayor McElyea —yes
Commissioner Flury—yes Mayor Anton —yes
Commissioner Mikes —yes
+ MM Darc of USt CSRJf ,:m
n ®' t Burrr or?rlirr
k EFFE•CTIVE DATE
TO BE USED ONLY FOR MULTIPLE FAMILY(FIVE(5)UNITS OR.%,IORE).COMMERCIAL.
OR INDUSTRIAL PROPERTY. NOT TO BE USED FOR BUSINESS OPPORTUNITIES ro he ti::d:o in'i..im
P,vty ro S.-ur in:ni
Seiler CITI'OF DANIA BEACH FLORIDA Tel: 954 924 3610
of DANIA
Buyer:DOUBLE D REALTI' HOLDING L.L.0 Tel: 954 445 6212
of 720 S«`3TH STREET DANIA 33004
hereby agree that the Seller shall sell and the Buyer shall buy the following described property together with existing improvements
thereon.UPON THE TERNIS AND CONDITIONS HEREINAFTER SET FORTH. -
l. LEGAL DESCRIPTION of real estate located in DANIA Countv,Florida--lax Folio 504233140140
EAST ONE-HALF(E1/2) OF LOT 6.BLOCK 2 OF SUN GARDENS 1A 2 3
ADDRESS: 1311 NW 2ND TERRACE DANIA 33004 _
(Street) (ApvUnit) (City) (Zip+4)
PERSONAL PROPERTY: A complete inyenion,of all personal property of Seller currently used in the ooeration of the property and included in
purchase price shall be:
1 a) Inventor,to be provided within - days from Effective Date.initialed and agreed upon by both the Buyer and the Seller.
(b) Inventory attached hereto.
LEASED EQUIPMENT IF ANY:
Seller represents that the pronertn can now be used for the follow ing purposes: RESIDENTIAL
_. PURCHASE PRICE in U.S. funds..................... „.,.5 16,500
=. METHOD OF PAYMENT:
(a) Deposit)s)to be held in escrow by F.W.B L ANV S 1,000
(b) Additional escrow deposit due w ithin_banking days after Effective Date,time being of the essence............S
Escrow ed funds ma,be placed in an interest bearing account with interest to accrue to the escrow.-)gent unless
Precluded' v law. `
!ci Amount cat note and mortgage to be executed''%-the Buyer to anv lender other thean the Seller.......................S
t YPE OF',,IORTGAGE(CHECK ONE)[ ]Con entionaL [ ]FHA.[ ]VA(If FHA or VA see Riders
)Fixed Rate. [ ]Variable. ]Other at prevailing interest rate,payable in monthly installments to include
interest for a period of ,ears.(30 years if left blank) Buyer agrees to make a written application within
five banking days and to make a good faith,diligent effort to obtain the loan.
Che commission or omission of an,act by the Buyer calculated to produce a rejection by the prospective lender
shall constitute an act of detault under this contract.
id) Conditioned upon Buyer assuntinsz[ ]fixed rate ]adjustable rate[ ]balloon mortgage in favor of
present),bearing interest at and presentk
aa"able S per month t P. )having an approximate balance of.......................... S
(APPROVE BY CHECKING ONE ONLY)
j At -resent terms and interest rate for the-eriod of the mortgage
1 At an interest rate changeable to the rate of interest prevailing at time of closing and upon such terms and
conditions as are required by lender,which Buyer agrees to accent. -
Noie- if more than one existing mortgage is being assumed,place total of other balances here and
de>cr ne its terms in Paragmnh P I SPECLAL CLAUSES)of this Contract or on an Adder.dunt.
i ]_ \Iortua=e ']3'Mortuatze .............................. S
1e) Purchase money mortgage and note to Seller in the nrincipal amount of S earim
inte.,-st at ',o tpr %'ears. Payable as foilo%vs:
.............. S
t 'i Bai im;:c of rands due trom Buyer in the form of U.S.currency or cashier's check drawn on a Florida financial
institution. anon closing and dcli,en of deed for such s.reater or lesser amount as ma,be necessan to complete
nay,mcn:oT:purchase`~rice after credits.adiustmcnts and prorations).................................... .................S
PLZC:,=ISG :'RICE...........................
...................................................................................S 16. +)1)
0",HER.\C .\CIIMEN FS NIADE PART OF THIS CON T R\CT(check appropriate box)[ j.Addendum j Exhibit [ j Other
1—Nit: rila.'c ;_PRANCE: if this Contract is not executed Seller and Buver on or bctorc JANI AR1.9TH 30 O4 the cicnosit
h ll. :a t c,:.0 n of Bu er. e returned to Buyer and this Contract shall be nuil and%old.
;�. LOSING D.\i�F: -1ti.l Un[raC[shall'-e closed and the ciosin,.z documents and possession;hall'-'e dcli%ered on or'nefore J.A.NUAR1 30
other,roe)signs, `
)"this ur,enarate agreement.
3c•.er_ ; ;i j Seilz:
THIS F(?R)i iLIS I3CE\APPRO\ED B) iIiL SOUTI1 BROWARD BOARD DF RE.kUl L? INC.
wu.,sac .rr..... n:.
Pa of- n
[vj C1.'NSPECTIONS WITH LIMITATION CLAUSE:
A. SCOPE OF INSPECTIONS: Buyer shall,at his expense,have the right to make the following inspections:
1. Termite: Property may be inspected by a licensed exterminating company,to determine whether there are active termite,fungus(dry-
rot)or other wood-destroying organisms on the property or damage from present or prior termite or wood-destroying organisms. If there
is such infestation or damage, Seller shall pay the cost of treatment,repair or replacement of the property which is infested or damaged.
Where no active wood destroying infestation is observed,treatment or eradication shall not be required at Seller's expense.
0Roof: Property may be inspected by a licensed Florida roofer or licensed Florida General Contractor to determine that there is no
vidence of existing leaks.If inspection reveals that repairs and/or replacements are required,costs of same shall be paid by Seller.If roof
is found to be leak free,no re-roofimg will be required,notwithstanding the condition of roofing materials.
3. General:Buyer,at his expense,may make such other inspections of the premises as he deems reasonably necessary. Said inspections
shall be made by licensed persons or companies qualified to perform the inspections and give estimates. If the inspections reveal
functional defects(as distinguished from aesthetic defects),the cost of same shall be paid by Seller.
4. Personal Property: Seller represents that all appliances,machinery and equipment shall be in working order at date of closing.If
inspections reveal that repairs or replacements are necessary,the cost of same shall be paid by Seller.
5. All inspections and repairs shall include any other structures on the property except for fences and sheds.
B. TIME FOR INSPECTIONS:All inspections, written reports and estimates shall be completed no later than fifteen(15)days prior to
the date of scheduled closing.Failure of Buyer to make one or more of the above inspections shall be deemed a waiver of the inspections
not made and any rights derived thereunder.
C. RESULTS OF INSPECTION:
1. Copies of inspection reports and estimates pertaining to same,must be provided to all Buyers,Sellers,real estate brokers,lending
institutions,attorneys and title companies as requested.
?. Inspection reports must include monetary value amounts relating to the repairs cited.
3. Inspections pursuant to this Contract are the responsibility of the parties,Brokers shall not incur liability to either party stemming
from assistance rendered in the inspection process.
D. RENSPECTION:If Seller disputes Buyer's inspection reports,Seller shall have the right to have additional inspections made at his
cost which will be completed within five(5)days of receipt of the disputed report.If Buyer's and Seller's inspection reports do not agree,
the parties shall agree on a third inspector,whose report as to condition and required repairs shall be binding upon the parties.Said
inspection shall be completed within five(5)days of said agreement. The cost of the third inspection shall be home equally by Buyer and
Seller.
E. LIMITATION CLAUSE: Seller shall be responsible for the aggregate costs of the above treatment,repairs and replacement up to four
per cent(4%)of the purchase price including the cost of tenant relocation,if necessary.If the total cost of matters to be remedied under
Paragraph C I A.exceeds this amount,any party shall have the option of paying any amount in excess thereof and this Contract shall
remain in full force and effect. Seller may'use a licensed Contractor and materials of Seller's choice to perform all necessary repairs,
laviding they meet the applicable building codes. If neither party agrees to pay such excess,then,at Seller's or Buyer's option,this
ntract may be cancelled by delivery of written notice to the other party.In the event of such cancellation all deposits made shall be
returned to Buyer,whereupon all parties shall be relieved of all obligations under this Contract.
[ J C2. PROPERTY SOLD IN°:4,S IS"CONDITION: Seller shall convey the property in its present"as is"condition.With the
exception of Paragraph H. Environmental Hazards, Seller makes no warranties other than marketability of title and will make no repairs.
Buyer has inspected the property or waives any right to inspect and accepts the property in its"as is"condition.By accepting the property
,,as is," Buyer waives all claims against Seller and Broker.In the event of inconsistencies between this Paragraph and other provisions of
this Contract,the provisions combined in this Paragraph shall prevail.
[ ]C3.PROPERTY SOLD IN"AS IS"CONDITION WITH RIGHT OF INSPECTION: Seller shall convey the property in its
present"as is"condition. With the exception of Paragraph N. 9.Governmental and Related Matters and Paragraph H.Environmental
Hazards,Seller makes no warranties other than marketability of title and will make no repairs.Buyer may,at Buyer's expense and within
days(ten(I0)days if blank is not filled in) from Effective Date,conduct inspections and make tests and investigations of the
property as Buyer deems necessary to determine suitability of the property. Buyer may terminate this Contract by written notice to Seller
and Broker within the time allowed to make inspections if the inspections reveal conditions which are reasonably unsatisfactory to Buyer.
Buyer's failure to give written notice to Seller and Broker shall be deemed a waiver of Buyer's right to terminate this Contract according
to the terms of this Paragraph.
D. PRE-CLOSING EXAMINATION: In addition to the above inspections,Buyer shall have the right to a pre-closing examination
b.valk through)of the premises prior to closing.The sole purpose of the"walk through"shall be limited to identifying changes in
condition of the property which have arisen or circumstances which could not have been readily observed since the execution of this
Contract. The pre-closing examination expressly is NOT an additional inspection.Any changes in condition noted at the"walk through",
with the exception of normal wear and tear, shall be the responsibility of Seller.
E. LEASES AND TENANCIES: Seller shall expressly disclose to Buyer at time of execution of Contract,a statement describing the
rental,nature.duration and terms(including any special clauses or covenants)of all occupancies.Within fifteen(15)days after execution
of Contract.Seller shall furnish to Buyer copies of all written leases and a statement from each tenant verifying the accuracy of statements
previously furnished by Seller. If Seller is unable to obtain the foregoing statements from tenants,the same information shall be provided
in a Seller's Affidavit.If there is a material discrepancy between statements made by Seller and verification received by Buyer,at Buyer's
option this Contract shall be cancelled and all deposits made shall be returned to Buyer.No new occupancies s 1l be created without the
• Buyer[" ` ; ] [ eller[ ] [ ]
THIS FORM ILkS BEEN APPROVED BY THE SOUTH BROWARD BOARD'OF REALTORS®,INC.
This is a legally bindinz contract and accordingly,you may wish to seek legal and/or tax advice.
i'PS:IPORP Page 3 of 7 12/10/0,
_
mortgage,and the cost of recording the deed and any financing statements shall be paid by Buyer. Seller shall pay any prepayment
penalties incurred or charged in satisfying existing mortgages.
4. PRORATIONS:Any references in this Contract to prorations shall be as of the date of closing unless occupancy occurs prior to
closing,in which case prorations shall be as of the date of occupancy, unless otherwise provided:
(a) Proration of Taxes(Real And Personal):Taxes shall be prorated on the current year's tax without regard to discount.If closing
occurs on a date when the current year's treillage is not fixed,and the current year's assessment is available,taxes will be prorated based
*pon such assessment and the prior year's millage.If the current year's assessment is not available,taxes will be prorated on the prior
ear's tax without regard to discount. If there are completed improvements by January Ist of the year of closing,which improvements
were not in existence on January 1 st of the prior year,taxes will be prorated based upon the prior year's millage and an equitable
estimated assessment of the property,as improved.Any tax proration based upon any estimate shall be subsequently readjusted upon
receipt of the tax bill.
(b)Other Prorations: Insurance if Assumable,Rent,Association Dues,Condo Dues,interest,appliance service contracts(if Buyer
requests transfer),any other expenses and revenues of the property shall be prorated.
K.AFFIDAVITS:Seller shall furnish to Buyer at time of closing an affidavit attesting to the absence of any claims of lien or potential
lienors known to Seller.If the property has been improved within ninety(90)days prior to closing, Seller shall deliver to Buyer an
affidavit setting forth names and addresses of all Contractors,sub-Contractors,suppliers and materialmen and stating that all bills for
work on subject property have been paid.Buyer may require releases of all potential liens. Seller shall also furnish a"Gap"affidavit and
any other affidavits which may reasonably be required by the closing agent.
L. CONVEYANCE AND TRANSFER: Seller shall convey real property to Buyer by Statutory Warranty Deed(unless selling in a
representative capacity)subject to: (1)taxes for year of closing and subsequent years;(2)zoning and/or restrictions and prohibitions
imposed by governmental authority; (3)restrictions and other matters appearing on the plat and/or common to the subdivision; (4)utility
easements of record,provided said easements do not reasonably interfere with the intended use of the property; and(5)other matters
specified in this Contract,including mortgages to be assumed by Buyer and Purchase Money Mortgages,if anv.All reverter provisions
and reservations shall be released of record at Seller's expense unless extinguished by the Marketable Record Title Act or unless the right
of re-entry or the reservation has been released by other statutory authority or by the state of Florida.Personal property shall be
transferred by Bill of Sale Absolute,subject only to such liens as agreed to by the parties.
M.OCCUPANCY AND POSSESSION: Seller agrees to deliver possession,and all keys for locks and security systems if any,upon
closing and funding and represents that there are no other persons in occupancy, unless expressly agreed to by the parties. If the property
is rental property, Seller shall provide the information required by this Contract as to existing tenants.
N. MISCELLANEOUS:
1. SUITABILITY FOR INTENDED USE: Buyer shall [ ] shall not[ ](not applicable if not filled in)within days(five(5)
days if blank is not filled in) from the Effective Date, at Buver's expense, determine the suitability of the Property through due diligent
inquiries,investigations,studies or any other means regarding the property including laws,zoning,ordinances,referendums,initiatives
& votes,etc.If such matters are unsatisfactory to Buyer, Buyer shall give written notice of disapproval to Seller and Broker within the
e period specified herein, whereupon this Contract shall be considered null and void and any deposits shall be forthwith returned.
Buyer's failure to give written notice of disapproval shall conclusively be deemed approval.
2. SURVEY: Buyer may have the property surveyed at his expense. If the survey,certified by a registered Florida surveyor,shows any
encroachment on the property or that improvements intended to be located on the property do,in fact,encroach on lands of others or
violate any other Contract covenants, the same shall be treated as a title defect.
3. SPECIAL.ASSESSMENT LIENS: Certified special assessment liens as of the date of closing are to be paid by Seller. Pending liens
as of the date of closing shall be assumed by Buyer. Where the improvement has been substantially completed as of the Effective Date of
this Contract,such pending liens shall be considered as certified,and Seller shall,at closing,be charged an amount equal to the last
estimate of the public body of the assessment of the improvement.
4. (a) RISK OF LOSS:If the improvements are damaged by fire or other casualty prior to closing, and the cost of restoring the same
does not exceed five percent(5°0)of the sales price,the cost of restoration shall be an obligation of Seller and closing shall proceed
pursuant to the terms of this Contract with the cost thereof being escrowed at closing.If the cost of repair or restoration exceeds five
percent(5%')of the sales price.Buyer shall have the option of taking the property "as is,"together with any insurance proceeds by virtue
of said loss or damage,or cancelling this Contract and all deposits will be returned forthwith to Buyer and the parties released of any
further liability hereunder.
(b)CONDEbNATION: In the event an order of taking has been issued by any governmental authority, Buyer shall have the option to
cancel contract or require Seller to convey any remaining portion of the property. Should the Buyer not elect to cancel the Contract,then
the Buyer shall have the right to participate in negotiations with government and this Contract shall remain in full force and effect.
5. INCOME& EXPENSE STATEMENT: Seller shall shall not[ ] [ ] (not applicable if not filled in) within days(five(5)
days if blank is not filled in) from the Effective Date,make available to Buyer a statement of income and expense pertaining to the subject
property for the period from 20 to 20 Seller represents that income and
expense statements are based upon records maintained in the ordinary and normal course of business and used by Seller in the
computation of federal income tax returns. Buyer shall be allowed days(five(5)days if blank is not filled in)after receipt of said
records to provide written notice to Seller and Broker of disapproval,whereupon this Contract shall be considered null and void and anv
deposits shall be forthwith returned. Buyer's failure to wive written notice to Seller shall conclusively be deeme approval.
42
Buver[ I ' ] [ ] Seller[ ] [ ]
THIS FORM HAS BEEN APPROVED Bl'TEIE SO[;TH BRONVARD BOARD OF REA ORS9.INC.
0 This is a legalle bineinc contract and accordingh,you may wish to seek leeal and or tax advice.
CMAPORP
Page 5 of i_'lo.n-1
from the:Florida Real Estate Commission and shall be saved harmless by the parties from any liability arising from the distribution made
pursuant to such order or direction providing,however,all parties shall strictly comply with the rules of the Florida Real Estate
Commission.
23. THIRD PARTY BENEFICIARIES: The Buyer and Seller each acknowledge that the Listing Broker and the Cooperating Broker are
Third Party Beneficiaries of this Contract.Notwithstanding privity or the absence of same,said Brokers have an interest in the
performance of this Contract Accordingly,the parties agree that this Contract shall not be changed or modified in any way which would
�
ffect the Broker's rights without the consent of said Brokers.Further,in the event of breach by either Buyer or Seller,then the
ooperating Broker,Listing Broker,or both may bring an action against the breaching party for the amount of the professional service fee
said Broker or Brokers would have received had the breaching party not breached. In the event of any such litigation,this Contract and
the Listing Agreement,if any,shall control. In the event of conflict,this Contract shall prevail over the Listing Agreement.The prevailing
party in any such action shall be entitled to attorney's fees and costs.
24.FAX AND COUNTERPARTS:A signature transmitted by telefax shall be deemed to have the same effect as an original signature.
This agreement may be executed in counterparts.
25. EFFECTIVE DATE:The Effective Date shall be the last date of execution by Buyer or Seller.All time periods shall be calculated
commencing the day after the Effective Date unless specified herein.
O.FINAL AGREEMENT:No modification or change in this Contract shall be binding unless in writing and executed by the parties.
Where in conflict,typewritten provisions shall supersede printed provisions and handwritten provisions shall supersede typewritten and/or
printed provisions.
P. SPECIAL CLAUSES: Co
\ '11
SUBJECT TO BUYER GETTING THE NECESSARY VARIANCE TO BUILD A FAMILY HOME ACCORDING TO THE
LANV BEFORE CLOSING DUE ON 2004'
C*W Q
Q.REPRESENTATIONS AS TO BROKER INVOLVEMENT: In consideration of Seller entering into this Contract,Broker and
Buyer each represent and warrant to Seller that to their knowledge the Broker: :-:tned below are the only Brokers involved in this
transaction,and to their knowledge no other Broker has produced the Buyer i . ,transaction.Buyer agrees to indemnify and hold Seller
less from and against all claims,actions,demands or judgments asserted, obtained against Seller by any Real Estate Broker other
mqpftn the Broker named in the Contract on account of this transaction.Seller repr::sents that Seller knows of no other Broker involved in
this transaction except as stated in the Contract.
R. BROKER'S COMPENSATION: (check one)
[ ]If a written Listing Contract is currently in effect, Seller agrees to pay the Brokers named below a professional service fee according
to the terms of the Listing Contract.
[ ]If no written Listing Contract is currently in effect,Seller shall pay the Brokers named below a professional service fee of 7 %
of the purchase price or S at the time of closing.
If the transaction does not close because of refusal or failure of Buyer to perform,Buyer shall pay Broker's professional service fee in full
upon demand,without thereby releasing the Seller from said obligation.In such event,fifty percent of Buyer's deposit(made or agreed to
_ be made)shall be paid to Brokers and shall be credited against Buyer's liability for the total professional service fee.The balance of
Buyer's deposit shall first be applied toward Brokers'attorneys' fees and costs arising from Buyer's breach,then to other expenses
incurred by Brokers on Seller's behalf,and the balance paid,if any,to the Seller.Nothing in thi Paragraph shall preclude Seller from
assening Seller's rights against Buyer as provided for at Paragraph I,relating to default.If er defaults or if there is a recision without
Brokers' consent, Seller shall pay Brokers' professional service fee in full upon demand:
V
Buyer / Date - Sells Date
Buyer Date Seller Date
BUY IT REALTY INC.954-983-5138
(Firm Name and Phone Number of Cooperating Broker) (Firm Name and Phone Number of Listing Broker)
• THIS FORM HAS BEEN APPROVED BY THE SOUTH BROWARD BOARD OF REALTORS&INC.
This is a legally binding contract and accordingly,you may wish to seek legal and/or tax advice.
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NOTICE OF HEARING BEFORE CITY COMMISSION
CITY OF DANIA BEACH, FLORIDA, REGARDING
ADOPTION OF THE FOLLOWING PROPOSED RESOLUTION:
NOTICE IS HEREBY GIVEN that the City Commission of the City of Dania Beach,
Florida, on February 10, 2004, at 7:00 p.m. or as soon thereafter as the matter may be
heard, will conduct a public hearing in the City Commission room of the Dania Beach
City Hall, 100 West Dania Beach Boulevard, Dania Beach, Florida to consider the
proposed adoption of the following Resolution entitled:
A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, ACCEPTING AND
APPROVING THAT CONTRACT FOR PURCHASE AND SALE OF REAL PROPERTY
LEGALLY DESCRIBED AS EAST ONE-HALF OF LOT 6, BLOCK 2, SUN GARDENS, A
SUBDIVISION ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT
BOOK 26, PAGE 37, OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA;
BY BETWEEN DOUBLE D REALTY HOLDINGS, INC., AS BUYER, AND THE CITY OF
DANIA BEACH, AS SELLER, FOR A SALES PRICE OF $16,500; PROVIDING A
CONTRACTUAL CONTINGENCY THAT THE CITY COMMISSION APPROVE A
VARIANCE OR VARIANCES TO BUILD A SINGLE-FAMILY RESIDENCE WITH LOT
DIMENSIONS LESS THAN REQUIRED BY CITY CODE; AUTHORIZING THE CITY
MANAGER TO CLOSE THE TRANSACTION FOR SALE WITH A RESTRICTIVE
COVENANT LIMITING THE USE OF THE REAL PROPERTY TO A SINGLE-FAMILY
RESIDENCE; PROVIDING THAT ALL RESOLUTIONS OR PARTS OF RESOLUTIONS
IN CONFLICT HEREWITH BE REPEALED TO THE EXTENT OF SUCH CONFLICT;
AND PROVIDING FOR AN EFFECTIVE DATE.
® A copy of the proposed Resolution is on file in the City Clerk Department, City Hall, 100
West Dania Beach Boulevard, Dania Beach, Florida, and may be inspected by the public
during normal working hours.
Interested parties may appear at the aforesaid meeting and be heard with respect to the
proposed. Any person who decides to appeal any decision made by the City
Commission with respect to any matter considered at this hearing will need a record of
the proceedings and for such purpose may need to ensure that a verbatim record of the
proceedings is made, which record includes the testimony and evidence upon which the
appeal is to be based.
In accordance with the American with Disabilities Act, persons needing assistance to
participate in any of the proceedings should contact the City Clerk, 100 West Dania
Beach Boulevard, Dania Beach, Florida 33004, (954) 924-3624 at least 48 hours prior to
the meeting.
/s/ Miriam Nasser
Acting City Clerk
Run in Sun Sentinel: January 30, 2004
- MOTICH OF N8 NO M
BEFORE Cl � tc
COMMISSION "= =
CITY OF •DANIA BEACH;
SUN— SENTINEL FLORIDA,REGARDING .M
ADOPTION OF THE FOIL-
PUBLISHED DAILY LOWING PROPOSED'RESO-
FORT LAUDERDALE, BROWARD COUNTY, FLORIDA Lurloy:
c,n
BOCA• RATON, PALM BEACH COUNTY, FLORIDA NOTICE IS HEREBY 5i' i that'the City Commission
MIAMI, MIAMI DADE COUNTY, FLORIDA of the City of Dania,Beach,
Florida, on February`10;
2004, at 7:00 p:mc or as
soon thereafter as the
matter may be heard,will
STATE OF FLORIDA conduct a public hearing
in the City Commission
COUNTY OF BROWARD/PALM BEACH/MIAMI DADE room of the Dania;'Beach
BEF THE UNDE SIGNED AUTHORITY, PERSONALLY APPEARED City Hall, 100 west.Dania'
Beach Boulevard; Dania!
Beach,FI'orida to consider
WHO,ON OATH,SAYS THAT ithe:proposed adoption of
Ithe following Resolution!
H H U Y AUTHORIZED REPRESENTATIVE OF THE CLASSIFIED entitled: x .
DEPARTMENT OF THE SUN-SENTINEL, DAILY NEWSPAPER PUBLISHED A RESOLUTION OF THE!
CITY OF DANIA, BEACH„
IN BROWARD/PALM BEACH/MIAMI DADE COUNTY, FLORIDA, AND THAT THE FLORIDA,ACCEPTING AND,
ATTACHED COPY OF ADVERTISEMENT, BEING A: APPROVING .THAT,CON-;;TRACT FOR, 'PURCHASE.
.AND SALE OF REAL PROP
ERTY LEGALLY DESCRIBED'
RES APPROVING CONTRACT PURCHASE&SALE AS EAST ONE-HALF OF LOT
6, BLOCK 2,-"SUN'GAR-
DENS,A SUBDIVISION AC-
IN THE MATTER OF: CORDING TO-JHE PLAT
THEREOF, AS'RECORDED,
IN PLAT BOOK;26; PAGE
37, OF THE -PUBLIC
Res Approving Contract Purchase Sale RECORDS OF:,BROWARD
COUNTY,FLORIDA;BY BE-
TWEENIN THE CIRCUIT COURT,WAS PUBLISHED IN SAID NEWSPAPER IN THE HOLD NGS,UBLE INC. ASEALTY BUY
ER,AND THE CITY OF DA-
ISSUES OF: NIA BEACH,1AS SELLER,
FOR A SALES PRICE OF
$16,500; -PROVIDING A
1/31,1 11785488 GEN CONTRACTUAL
THE.CITY
COMMISSION APPROVE A
AFFIANT FURTHER SAYS THAT THE SAID SUN-SENTINEL IS A NEWSPAPER VARIANCE OR VARIANCES
TO BUILD A'SINGLE•FAMI-,'
I
PUBLISHED IN SAID BROWARD/PALM BEACH/MIAMI DADE COUNTY, FLORIDA, D RESIDENCE WITH LOT;
DI LESS THAN
AND THAT THE SAID NEWSPAPER HAS HERETOFORE BEEN CONTINUOUSLY REQUIRED BY CITY,CODE;.j
• PUBLISHED IN SAID BROWARD/PALM BEACH/MIAMI DADE COUNTY, FLORIDA, AUTHORIZING THE:CITY
MANAGER TO CLOSE THE;
EACH DAY,AND HAS BEEN ENTERED AS SECOND CLASS MATTER AT THE TRANSACTION FOR SALEy
WITH A RESTRICTIVE COV-g
POST OFFICE IN FORT LAUDERDALE, IN SAID BROWARD COUNTY, FLORIDA, ENANT LIMITING THE USE,'
FOR A PERIOD OF ONE YEAR NEXT PRECEDING THE FIRST PUBLICATION OF T TO THE REAL.PROPERTY
O ASINGLE-FAMILY RESI-
ATTACHED COPY OF ADVERTISEMENT;AND AFFIANT FURTHER SAYS THAT DENCE; PROVIDING THAT
ALL RESOLUTIONS `OR,
HE/SHE HAS NEITHER PAID, NOR PROMISED,ANY PERSON, FIRM, OR PARTS OF RESOLUTIONS•
CORPORATION,ANY DISCOUNT, REBATE,COMMISSION, OR REFUND, FOR THE REIN PEAL LICTHEREWITHBE
REPEALED TO THE EXTENT
PURPOSE OF SECURING THIS ADVERTISEMENT FOR PUBLICATION IN SAID OF SUCH CONFLICT;'AND
PROVIDING FOR AN EF-
N WS PE FECTIVE DATE.q,
A.copy of'the proposed
Resolution is on file in the
City .Clerk Department„
(SIGNATURE OF AFFIANT) City.Hall; 100 West Dania'
Beach-Boulevard, .Dania
Beach Florida, and.may
be inspected by the public
SWORN TO AND SUBSCRIBED BEFORE ME during normal working
ON: 31-January-2004 , A.D. hours.. r
x..
/v Interested parties may ap-
pear at the +aforesaid,
meeting and be .heard,
with respect to.the pro-'
posed. Any person who
(SI N TURE OF NOTARY PUBLIC) decides to appeal any de-
cision made by the.City
;q`• Y::Py ,; Tara L Betak Commission with respect
to any matter considered'
MY COMMISSION# DD0249i at this hearing will need.a'
a. `•; July 20, 2005 record of the proceedings
'';fi�F 1 0?;•' 9n,ypIC'NRU TROY FAIN INSURANa. ,11c. hand for such purpose may
need to ensure that a ver-
batirn record of the,pro-
(NAME OF NOTARY,TYPED, PRINTED, OR STAMPED) ceedings is made,"which
record includes the testi-
mony and'evidence upon
PERSONALLY KNOWN OR which,the.appeal is-to be.
based:
In accordance with the
PRODUCED IDENTIFICATION American with Disabilities
Act, persons needing as
sistance to.participate in
any. of the. proceedings
should contact the City _
Clerk, 100 WesY.:;Dania
Beach Boulevard;-Dania.
Beach, Florida 33004,
.(954)924-3624 at least 48
hours prior to the meet-
ling.
I/s/Miriam Nasser
Acting City Clerk
January 31,2004