Agenda 06-25-04II.
III.
IV.
Call to Order.
Roll Call.
Agenda Approval.
A.
B.
COMMUNITY REDEVELOPMENT AGENCY
Special Call Meeting
Friday, June 25, 2004
Commission Chambers
Boynton Beach 5:00 P.M.
Additions, Deletions, Corrections to the Agenda.
Adoption of Agenda.
New Business
A. Consideration of Contract for Kelly Property in Heart of Boynton.
Adjournment
Any person who decides to appeal any decision of the Community Redevelopment Board with respect to any matter considered at
this meeting 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.
The CRA shall furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal
opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the CRA. Please contact Douglas
Hutchinson at 561-73%3256 at least twenty-four hours prior to the program or activity in order for the CRA to reasonably
accommodate your request.
Boynton Beach CRA
639 East Ocean Ave Suite 107
Boynton Beach, FI 33435
CRA SPECIAL MEETING NOTICE
A Special Call CRA Board Meeting is scheduled to be held Friday,
June 25, 2004 at 5:00 PM in the City Commission Chambers.
For Additional Information please call the CRA at 561-737-3256.
,3~.~n- 22- 04 10:48 P.01
14:?4. SOUTH ANDREW5 AVENUE
SUITE 200
FORT LAU DERDALE, FLORIDA 33316
PHONE NUMBER (954) 52.~.-6226
FAX NUMBER (954.) 522-64.22
FACSIMILE TRANSMISSION
DATE:
June 22, 2004
TO:
I')oug Hutchinson
FACSI. M l! .1~: NI IMBER:
561-737-3258
FROM: Diane Mason
._ E-MAlL: _ dmason([~theurbangroup.com
SUBJECI':
.lumfita Kelley._ Hcart of Itoynton
NUMBER OF PAGI":S, INCLUDING TIqlS COVER SHEET: 7
COMMENTS: Alta¢l~ed are the following items for the Kelley acquisition/relocation cast;:
Replacement housing payment narrative including move costs
Photos of the numher tmc and two comparables
RHP worksheet
Doug: The occupants did not ask for relocation bencfits. 'the Uniform Act requires that we
infom~ them of their entitlcntcnt. Even though they arc fmnily members, they are independent
adults with no ownership in the real estate arid arc therefore considered tenmlts for the purposes
el'the U]lifom~ Act,
l.et tls kilow if you want anyone from 'l'hc Clrban Group to attend the urgent Board meeting.
Our e-mail is down - we Impe to have it repaired by this al'temoon. Call me if you nccd more
information 954-522-6226 extension 12!1.
l'ieasc Note: The information in Ihi.q facsimile transmisslu[! is Intended only for the pcr$ollal and CONFIDENTIAl, u.qe of
the desig,ated recipient(5) nam&al above. IF 'IHE READER C)F TIIIS FACSIMILE IS NOT TI IE INTlaNDED RECIPIENT,
you are nofifit.d that you have rct~clvk~l this documen¢ in crntr, and tl~at any review, dissemination, distrlh.thm or
copying of Ods transmi~shm i.~ strictly prohibited. If yea have received thin transmission in er,w, please notify this office
immediately via telephone al (9.~4) 522-6226, ext. 1 t0. We will provide you with Instructions m~ disposal of this mk..-$.~ugc.
I f you have any tranm~ission problems or questions please call (954) 522-6226,
extension 110,
~un-22-04 10:48 P.O2
I~eplacement Housing Payment
Project: Heart of Boynton
Displacees: Sam Kelley and Brandon Kelley
Parcel Number: 122.001t
Address: 129 Northeast 9th Avenue, Boynton Beach
The single-family house at 129 NE 9th Avenue is owned by Juanita Kelley and is
occupied by Sam Kelley, age 41, and Brandon Kelley, age 21. The property
owner has waived relocation benefits and will relocate separately from the
occupants. The Uniform Act provides a relocation entitlement to the occupants.
The displacees occupy two of the three bedrooms and one of the two baths.
They also have use of the common rooms - the kitchen, living room and family
room. The tenant pays no rent, but pays the entire electric bill. Mr. Kelley also
does minor household repairs and maintains the landscaping. For the purposes
of calculation of the replacement housing payment (RHP), fair market rent was
obtained from the approved appraisal report. Fair market rent is reported to be
$1,200 per month. Since the displacees use 66% of the whole house, their fair
market rent is determined to be $792.00 per month. Mr. Kelley provided receipts
for the electric bill. The average monthly electric cost for 2004 is $149.46. 66%
of the total is $98.64. The average water and garbage bill is $50.00 per month.
66% of $50.00 is $33.00.
The monthly rent plus utility cost for Sam Kelley and Brandon Kelley is
$923.64 ($792 rent + $98.64 electric + $33.00 = $923.64)
Average gross household income was obtained. Sam Kelley provided his Wage
and Tax Statement from 2003 that reports his annual gross earnings of
$15,858.87. His monthly income is $1,321.57 (15,858.87 ~- 12). Brandon Kelley
provided a pay stub dated May 27, 2004 that contains a year to date payment of
$9,674.45. His monthly income is $1,934.89 (9,674.45 *- 5).
Total gross household monthly income is 3,256.46 ($1,321.57 + $1,934.89).
30% of income is $976.94
Base monthly rental is the lower of rent plus utilities or 30% of gross monthly
household income. In this case, it is $923.64, rounded to $924.00,
A search for comparable housing was conducted. Single family rental housing in
the area averages $1,200 per month plus utilities (average $150 per month).
This would result in a RHP of $19,320.00 ($1,350 - $890 = $460 x 42 -- $19,320).
This indicates last resort housing. Section 24.404 c of the Uniform Act permits
consideration of replacement housing based on space and physical
characteristics different from those in the displacement dwelling in order to
provide a functionally equivalent dwelling. In this case, we considered two-
.Jun-22-04 10:49 P.03
Hcart o£ Boynton
Rcplaccmcnt I lousing Payment
Parodi 122.001t
Page 2
bedroom duplexes, villas and townhomes to be comparable to a single-family
house.
DS&S Statement
Three comparable dwellings were located. All comparable dwellings meet the
needs of the displacees concerning number of bedrooms, and all comparables
appear to meet local codes.
#1 comparable
~-~'~ 28~h Avenue, Boynton Beach
2 bedroom villa, Los Mangos
rent: $850
Utilities: electric $150
Water, garbage $50
Total = $1,050
Rent and utilities were vedfied with Mary Law, Real Estate Broker, 625 S.
Federal Highway, Boynton Beach, 561-737-6900.
#2 comparable
30 Crossings Circle, Boynton Beach
2 bedroom townhouse, The Crossings
rent: $900
Utilities: electric $150
Total-- $t ,050
Rent and utilities were verified with Rent Free Realty, 561-733-2121.
#.3 comparable
365 Waterside Drive, Lantana
2 bedroom twonhouse, Waterside Villa
rent: $950
Utilities: electric $120
Total- $1,070
Rent and utilities were verified with Randy Loewenthal, 561-210-0050.
_RHP Calculation:
Comparable #1 rent plus utilities:
Less Base Monthly Rental:
difference
Rental Assistance:
$1,050.00
923.64
126.36
x 42
$5,307.12
Jun-22-04 10:49 P.04
tIcar~ ol'Boynlon
Replacement Housing Payment
Parcel 122.001 t
Page 3
The Uniform Act states that "Any person displaced from a dwelling or a seasonal
residence is entitled to receive an expense and dislocation allowance .... for
actual moving related expenses. The displacees occupy two-thirds of the 6-room
house and possess a total of 4 rooms of furniture. The Federal Highway
Administration Payment Schedule allows $1,000.00 for 4 moms of furniture in the
State of Florida.
RHP
Move costs
Maximum available relocation entitlement:
$5,307.12
$1,000.00
$6,307.12
Prepared by Diane Mason, the Urban Group, June 18, 2004
Jun-22-04 10:49 P.05
Comparable #1
Comparble #1
548 SE 28"~ Avenue, Boynton Beach
2 bedroom/2 bath villa
rent: $850.00
utilities: $200.00 electric, water, garbage
.Jun-22-04 10:49 P.06
Comparable #2
Comparable #2
30 Crossings Circle, Lantana
2 bedroom/l bath townhouse
rent: $900,00
utilities; $150.00 electric
Jun-22-O4 lO:BO P.O7
OCCUPANT
Address
I~)YNTO.~ BF. ACII COMMUNITY REDEYEIX)PMF-n;T AGENCY (CRA)
REPI,ACI~MEI~T HOUSING CALCULATION METHOD
129 NI': '; Ave
Boynton B~'u:h
COMP #1
SdS .~£ 28 Ave
B~'#tOll J~Jch
(.~l)ulnel Nartte; Msry L~W, RE Broker
Telephone: 561-737-6900
C'OMP #2
^gePt'eir Built
TOTAl. I.ivlhle C~O
FLOOR SPACE
CA~GE / CARPORT drlvcwa~
~I.O~I~A/FAMII.Y ROOM
OTHER A~RIBUTES
~C 'FYPF.
CON~RUCI'ION [ ilia
I .OT SIZE
RENT ~ 792,~
U~L~I~ $131
I,ISTING
IHCOME (Momhly) ~ $ 3,256.46
~0% nf Ineflme [ $ 9?6,94
n/a
Doc~ns C~llen, B~oker
561-733-2121
[953 sq.ff.
p~rki~lt
II
II
1
ccnltal
2/I
5
S O00.00
St50.00
$ ~.050.00
PARCI,:I.:
Phi jeer OeKripden
Hem, t of BOyflton
COMP #.1
'16,sSn::ler side I)rl v e ]
Randy Lowent~el, Broker
561-210-00fi0
lot
rh~lcon],, ,.
950,00
$t25.00
I~075.U0
t22.GOlt
COMMENTS:
enrdttse kddlUve JRe.t Supplen~nt
REFLACEMENT VAI,L]E ~-'a [ sl,flsO.091 ~1 C, mp Rent + Util.
I' ~2.1.(d1 Subj. RcnUIneomc
S~BJECT VAI.tlE S ~ 512~361
[ Months ['I~TAI. Rent au~e~nl
DIF~E~NCE ~VAI.UE~ ~$ - x42 ]
RelR S~o~nt P~vment ~lc~uled u~ 30% of inrame Yes
APPROVED RV: OATE;
TOTAL IILr'NEFFf
Purdtase Additive
S · Rent Snltldemem
Years of
3une 17, 2004
Mr. Douglas Hutchinson
Director
Boynton Beach CRA
639 East Ocean Boulevard
Suite 107
Boynton Beach, FL 33435
RE: Original Signed Contract- Kelley, parcel 122
Dear Mr. Hutchinson:
T have attached the original contract, executed by Ms..luanita Kelley for the appraised
amount of $135,000.
Please make arrangements at your earliest convenience to have the subject contract
approved by all necessary parties.
Your assistance in an expeditious handling of this matter is greatly appreciated.
According to Lindsey Payne, Esquire, a special meeting may be called as we have a
critical timeframe to meet.
Sincerely,
The Urban Group~ ~[nc.
Barbara Matlack
Senior Realty Specialist
Enc.' Original Agreement for Purchase and Sale of Real Property
Heart of Boynton, 0307, Parcel # 122
CC:
Lindsey Payne, Esquire
Dale Sugerman, Assistant City IVlanager, City of Boynton Beach
The Urban Group, Inc. · 1424 South Andrews Avenue · Suite 200 · Fort Lauderdale, Florida 33316
TELEPHONE 954-522-6226 · FAX 954-522-6422 · www.theurbangroup.com
3une 16, 2004
Years of
Ms. Billie Curry
Morequity, Inc.
Forclosure Department
5010 Carriage Drive
Evansville, IN 47715
RE:
Forestalling of Foreclosure Proceedings
Loan #: 0000667409
Confirmation of upcominq Closing & Payoff balance
Dear Ms. Curry:
As you are aWare, The Urban Group, Inc., on behalf of our client, Boynton Beach Community
Redevelopment Agency, has a signed contract for the purchase of the subject home, referenced
below:
Loan # 000667409
Ms. ]uanita Kelley
129 NE 9th Avenue
Boynton Beach, FL 33435
It is our understanding that we have an agreement to forestall the foreclosure by closing on the
property prior to June 30, 2004. Ms. Curry, you indicated that it is necessary for Morequity,
Inc. to receive the payoff amount ($64,594.57) in full on June 30, 2004. It is therefore
necessary for us to hold the closing on or before June 29, 2004 in order to have the funds to
your company, Morequity, Inc., by the 30m of June, 2004.
It is further understood that the payoff amount of $64,594.57 will need to be confirmed on
the date of closing, per the payoff statement received on June 10, 2004, via fax.
Your assistance is greatly appreciated. If there is any additional information or paperwork
required, please contact me at (954) 522-6226, ext. 116, or (954) 873-2005.
Sincerely,
The Urban Group, :[nc.
..'/ . ~"~- :-' . .,
Barbara Matlack, Senior Realty Specialist
Certified Mail No.:70011140000230131705
CC:
Doug Hutchinson, Director, Boynton Beach CRA
Daniel C. Consuegra, Esquire, Attorney for the Plaintiff,
Lindsey Payne, Esquire, Goren, Cherof, Doody & Ezrol, P.A.(954) 771-4923
(561) 737-3256
(813) 915-8660
The Urban Group, Inc. · 1424 South Andrews Avenue · Suite 200 .i Fort Lauderdale, Florida 33316
TELEPHONE 954-522-6226 · FAX 954-522-6422 · www.f'he,~rhannml m r~m
Ju~-l~-04 08:3Zam From-aGF MOREQUiTY 8124754235 T-l?8 P.O~/OZ F-464
B03
PAYOFF STATEMENT
June 10, 2004
TO: Urban Group, Inc.
Fx: 954.522.6422 Krs
Ph: 954.522.6226 Xl16
Att: Barbara Matlack,
Morequity, Inc
5010 Carriage Drive
Evansville, IN 47715
/
RE: Juanita Kelley
Sam Kelley
129 Ne 9th Ave
Boynton Beach FL 33435
LOAN NUMBER: 000066'~409
LOAN TYPE: Conventi,)nal
The payoff figures as provided are subject to final verification by
the Note Holder. The Note Holder reserves the right to adjust thes.~
figures and refuse or accept any funds which are'insufficient to
satisfy 5he full indebtedness for any reason including, but not limited
to, errors in calculation, previously dishonored checks, or additioz~al
disbursements made.
Interest is collected to the date of the receipt of the payoff fund).
Please allow for mailing time.
These figures are valid to July 09, 2004.
This loan is due for the February 03, 2004 payment.
The current total unpaid principal balance is: $ 55,597 87
Interest at 9.59000% 2,754 78
Prepayment Penalty Interest 2,109 68
Escrow/Impound Overdraf~ 1,391 21
Suspense Balance -243 50
Unpaid Late Charges 292 53
Arty Fees And Costs 2,692 O0
TOTAL AMOUNT TO PAY LOAN IN FULL * * * $
64,594.57
Funds received on or after July 09, 2004 will require an additional
$ !4.81 innerest per day.
****PAYOFF FIGURES MUST BE VERIFIED WITH US AT 1-800-345-0187 ON
THE DATE OF PAYOFF TO ENSURE THAT THE CORRECT AMOUNT IS REMITTED***'
Mailing address: MorEquity, Inc., 600 N. Royal Avenue, Evansville,
IN 47715 At5n: Pa~nent Processing
Issuance of this stauement does not suspend the requirement to make
5he loan paymenu when as due under the loan contract. DO NOT STOP
PAYMENT ON ANY PAYMENT ALREADY MADE.
' Jun-lO-~40~:32am From-ABF MOREQUITY 8124T5423~ T-l?8 P.O2/D2 F-464
0000667409
Short Payoffs: If we receive an insufficient amount for payoff, we
will nosily the sender of the shortage amount. We must receive
funds to cover the deficiency on the following business day.
Payment of Taxes and/or Insurance: Our office will disburse
payment for taxes and/or insurance if payment is due. Additionally
our office will not be responsible for double disbursement. In the
event the mortgagor requests that payrnen~ not be made to the tax
office or insurance carrier, a written statement by the mortgagor
authorizing this must be received in our office via fax prior to
receipt of payoff funds.
Escrow Funds and Forwarding Address Changes: Any exissing escrow
refund will be payable to our mortgagor of record as reflected on
the payoff statemen5 within 30 days from the payoff date. IF THE
PROPERTY IS SOLD, please provide the seller's forwarding addresses.
Please fax this information to (812) 475-7427.
Juanita Kelley New Mailing Address:
Sam Kelley
XPOll
1424 SOUTH ANDREWS AVENUE
SUI"I'E 2,O0
FORT LAUDERDALE, FLOR/DA 33316
PHONE NUMBER (954) 522-6226, ext. 1z§
,,~ FAX NUHBER (954) 522-~422
FAC$IMII~E TRANSMISSION
DATE:
June 25,2004
TO:
J U AN I. TA KELLEY
FACS I~--.ILE NUMBER:
FROM: Barbara Matinee.
732-775-,4482
E-MPdL: bmatlack_L~thettrban~oup.com
SUBJECT: Contract -- "CONFIDENTIAL'
NUMBER OF PAGES, INCLUDING THIS COVER SHEET:
COMMENTS Juanit~
and return via fax
Please sign Comract for yom' aclj~_~nt vacant, lot for yourself and fo.,r g_am
ai
Please Note: Thc information in this facsimile transmission is intended only iht the personal and CONFIDENTIAL
use of the designated recipient(s) named above. IF THE READER OF THIS FACSIMILE IS NOT TKIg
INTENDED RECIPIIgNT, you are notified that you have received this dooument tn error, and that any review,
dissemination, distdbutio,~ or copying of this uansmissioli is strictly prohibited. If you have r~ceivexl this
trlmamizaion in ,rror, please notify this office immedlalely via telephone at (954) 522-6226, oxt, 110. We will
provide you with inslruotions on disposal of this message.
Thank Yoa,
.... ~5. M~
If you have any transmission problems or questions, lfi~as¢ call (954) 522-6226, cxt~neion 116.
BOYNTON BEACH COMMUNITY REDEVELOP!VIENT AGENCY
This Agrccment for Purchase and Sale of Real Property (hereinafter thc "Agreement"), is
made and cniered into as of the ~2_5Ih._ _ day of_. , .Jurm , , 2004, by ~.,~d
bctween BOYNTON BBACH COMMUNITY RBDBV'£LOPMBNT AGBNCY ('hcrei,~aficr
rcferred to as "Buyer") and __,[ua.llilaJ~dl~~~~
(hcreina/icr referred as "Sellcr").
In consideration of the mutual agn~ements set forth below, the parties agree as follows:
1.0 Deflnitiong. The following terms when used h~ this Agreement shall have the
following meanings:
1.1 Bu..ger. BOYNTON BEACH COMMUNITY REDBVELOPMENT
AGENCY, a public body corporate and public, orv-,~ted pu_~uant to Chapter 163 of the Florida
Statutes.
1.2 l?agzt~%Agr~. THE URBAN 'GROUP, INC., a Florida Corporation
authorized to negotiate this Agreement and make deposits on b~mlf of the Buyer
1.3 ~. The delivery of the Dccdz to Buyer concurrently with the delivery
of the Purchase Price to Seller.
1.4 C. IIn~ing I):~re The date' of thc Closing as ~iac. d in aooordaneo with
Paragraph 10 below.
1.5 .D.e,~. One (1) Statutory General Warranty Deed which shall convey thc
Proporty fi, om Seller to Buyer.
1.6 ~. The date that this Ag~ment is executed by thc last party to
sign it, party for puxposes of this sex:tion only are Seller and Bayer's Agent.
1.7 t~overnmant~[ A,,rhnri .~'. Ally federal, ~tate, county, municipal or erbar
governmental department entity, autlxority, commission, board, btLreau, c, oKrt, agency or .any
instmmcntalizy of any of thmu which has juriadiction over the Property.
1.8 GovL,~nrn~ntal ;~q,,ir,~nent. Any law, ~c~t, St~tc, c~e, ar~,
x~e, relation, j~t, d~rec, ~i~ ~j~fion,. ff~Mse, ~t, ce~ficate,
authOrir~tion, ~ecmmt or o~er ~fion or mqu~mt of ~y ~vc~~ AuthofiW now
~sfing or h~ ~t~, ~pted, pmm~gat~ entem~ or mucd a~te to ~e ~pe~, or
m ~y' ~pu~ccs, s~c~c, ~ or ~ili~, on or ~j~t to, ~e P~.
1.9 Pmpc~. That certain rcal property locattxi in thc City of Boynton Beach,
Palm Beach County, Florida, and more particularly dcscl'ibed as pimml on Bxhibit "A" attached
hereto and made a paxt hereof, together with all improvements, property rights, casements,
privileges and appurtenances thereto.
1.10 p,re.h~-.~ P'5_'~. The price the Buyer shall pay the Seller for the Property as
moro fully sot forth in Paragraph 3 below,
I. I 1 Relier. For purpos~ of this Agretunum, tho Scllvr oft. he Property.
1.12 Title C.n,~mitm~-nt. A title insurance commilment i.~mmd by or written on
the Tire Company, agreeing to issue the Title Policy to Buyer upon payment of the Purchase Price
and recording o£the Deed and exec..ntinn and recording (if applicable) of other closing documents.
1.13 Title. Cc~m.nany. The title insurance company, licvnsed and authorized to
conduct business in thc State of Florida as selcctext by Buyer.
1.14 iTJlle,_Enli~. An ALTA Form B Ow~a~/"s Title Insurance Polic~ in the
amount of the Purchase Price, insuring Buyer's title to thc Property, subject only to the Pemaittod
15xceptions.
2.1 For good and valuable consideration of the deposit set forth below' paid by
Buyer to Seller, Seller hereby grants to Buyer and Bayer hereby accepts ~rom Seller the right to
purchase and acquire the Property fxom Seller on the terms and conditions hcrcina~er set forth such
that the payment of the Purchase Price shall be as set forth in Soctiou 3.0. Buyo- shall pla~ a non=
refundable deposit of Tnn 13nHars Dollars (S_lO.OO ) with Buyer's
Agent who shall to.ck.- said zastount to Scllcx on tho date this Agreement is effective. This d~,po~it
and any deposit held pursuant to Section 2.3 slmll be subtracted from the total purchase price,
2.2 Buyer shall be obligated to give Seller notice within ~ days
of the Effective Date, that Buyer has elected to close in aw. ordance with this Agreement
Whereupon, Seller shall be obligated to provide to Buyer all prior title policies and surveys in its
possession pertaining to tho subject real proparty.
2.3
Upon exercise of the fight to close, Buyer shall place a se~nd deposit of
Dollars with Buyer's Agont.
2.4 If Buyer does not exere, ise this right to close within the period stated above
in Paragraph 2.1, this right of the Buyer shall automatically and immediately terminate without
notice and the parties shall automatically be released from further liability heramder. In the event
Buyer fails to exercise this right, Seller shall retain tho deposit sum paid as stated in Section 2.1 as
thc sole and exclusive remedy for failurc of Buyer to close.
3.0 P~.we. ha.~e P6eo.. The total Purchase Price for the Property to be pure 'hasexl by the
BOYNTON BEACH COM2VIUN~¥ REDEVELOPMENT AGENCY, from thc 8~llor, ia the aura
or__Twelve Tl~.~and DOLLARS. The pm'ch~c shall be contil~ont
upon thc following.
2
3.1 Buyer's receipt of an appraisal for the Property reflecting that the property
has a fair market value equal to or exceeding the purchase price urlless purchase is otherwi~
appr°ved by the CRA Board.
3.2 Approval of the Agreement and fight to close by the Buyer, CRA Board, on
or before _¥,ne ~0th ,2004.
3.3 The Buyer's obligation to close on the Property is contingent on Buyer
acquiring the parcel for the sum total of Twelve ThOn~and
3.4 Buyer's obligation to consummate thc transaction referenc~ herein is
contingent on the Seller conveying the real property fl~ and clear of all liens, leases, claims and
interest of third parties.
4.0 In.?,~-.th,,,.,, Buyer shall have until the "elodng &ate", to make. any in~ections it
doem~ necessary. (the "Inapeefion Period"). Daring the Inspect/on P~r/od, Buyer may determine
that thc Property baa a&.quate ~;ervicea available and that all' Federal, State. County and local laws,
rules and regulations have been and are currently being compl/ed with relative to tho Property. This
Agreement/s contingent upon Buyer, at its sole cost and expense, obta/n/ng and accepting a
satisfactory Phase I Env/ronmental Audit and an asbestos survey wh/ch may include sampling of
the property. Seller cor~senta to alt sampling that may be reqttired to oompktc the asbestos survey.
In the event that the Phase ! Envw0nmental Audit reveals the exis~[u~v ut flxc potential existence of
oontam/nation, hazarciom conditions, hazardous waste or other adverse conditions as defmed by
applicable Federal and Stat< Statutes, Rul~ and Rogulatiom, then Buyer droll have the fight of
obtaining a Phase II Audit of the property. In the event that any inspections and any review of
documents conducted by the Buyer relative tn the Property during thc period prior to the Closing
Date prove mmatisfactory in any fashion, the Buyer, at its sole discretion, shall bo entitled to
terminate th/s Agreement by 0roy/ding written notice to Seller and receive an framed/ate refund of
any deposits made pursuant to Paragraph 2.3 only or pwceed to clos/ng as set'forth.
5-0 '~videnee nfTjtle
3.I Deljve,'.v of' Title ~om,'~;~ent. Within twenty (20) dayl of the Bttyer'~
BBCRA Board approval of the fight to purchase, Buyer shall obtain a Title Commitment, at
Buyer's cost, and shall deliver a copy of the 'title. Cz~mmitment to Seller's attorney within thrcc (3)
days of receipt of thc title commitment.
5.2 Marlcetuhle Title. Seller shall convey marketablc title to the Property,
subject to the Permitted Exceptions. Marketable Title shall be clotermined according to the Title
Standards adopted by authority of The Florida Bar and in accordance with law. Buyer shall have
ten (10) days from the 'date of receiving the Title Commitment to examine/;amc. If title is found
del,.ct/ye, Buyer shall within ton (10) days ofrecdvh~ thc title commitment notify Seller in writing
of aaV specific title defects. If Seller has not reccivcd written notice from Buyer of a title defect,
Buyer shall waive any titl~ objex~tiotm, and accept tho title in its existing condition. The Buyet'~
notice of the title defects shall include a statement of how the defects should be cure. d. If said
d~f~ets read~, title unmark~ble (other thaa ea~umbra~es that would o~e~se be p~d
closing). Sdler ~ ~ve fi~ (15) days ~om ~t of ~ce ~ w~ ~ ~move ~d
~f~$, pm~ng ~t Se~ ~1 not be obligat~ W ~md mo~ ~ $ m-
litigation ~ ord~ to c~ or ~t my nofic~ title ~f~t; ~ if Se~er is u~~
r~o~g ~ch def~ wi~ s~d ~m~ Buy~ s~ ~vo ~ ~fioa of ~or ~fing
i~ existng ~a~on Mt~ut a ~on of ~o P~o Price, or of t~g ~ A~ent
flint Seller wm ~~s~ M r~o~g s~h def~t(s). U~n ~e ~tioa of ~is
noi&~ guy~ nor S~R~ shall have ~y ~er d~is or obfigafiom ~~ except aa p~vi~
~s A~mt. Seller a~s ~ if title is fo~ m be ~~lo, Seller ~R
effom to co~t a~ ~of~g h title, ~in ~o time pwvid~ ~orefog, ~d ~bjmt m
s~M above.
6.0 Smam.g. Prior to the Closing Date, Buy=r ~my obtain at its expense a survey (the
"Survey") of the Property' showing all improvemeat~ thereon prepared by a land surveyor or
engineer reg/stcr=d and lic~macd in the State of Florida. The Survey ghall show the legal description
of the Property to be the same as Exhibit "A" attached berne. The Buyer may require any
waaonable revision to the legal de'priori so long as any such revision does not result in Seller
being r~luir~d to convey any lanfls or fights other than those described to be within the Propm-ty
described on Exhibit "A" attached hereto. A~y objections must b~ delivered to Seller's attorney no
later than the twenty (20) d~ys prior to Closing Date.
7.0 ._qeller's Repre.~mrion Seller hereby wpmseats m~d warrants to Buym aa of the
Effective Date 'and as of the Closing Date aa follows:
7.1 Seller's A.thn~.ty. SeRer has legal right and ability to sell thc Property
pur.~uant to this Agr~emeat. Th~. ext~mtion and d~livery of this Agreement by Seller and the
consummation by Seller of the transaction contemplated by this Agre~ent is withia Seller's
ca0acity and all requisite action has been takes to make this Agr~eraent valid and bindiag on Seller
in accordance with its tm'ms.
7.2 h~Legal_Baz. The execution by Seller of fids A~ent-and the
comummaiion by Seller of the transaction hereby contemplated does not, and on the Closing Date
will not, result in a bw'~ of; or default under, any indenture, agn'~eraeng lease, instnn'nent, pending
guardianship, obligation or thc agreement of lhnited parmersh/p, limited partnet~p certificate or
related ineWuments affecting the .qe]l~r, to which Seller is a party and which affects all or any
portion of the Property, or to Sellers knowledge, constitutes a violation of any Governmental
Requirement.
7.3 Nn Def'anlL Seller is not in default under any indcmture, mortgage, de~l
of trust, loan agreement, lea.so or other agreement to which Seller is a party 'ami wldol~ '~'f¢¢ts any
port/on of the Pwperty.
7.4 T_itlm. SMler is the owner of~le title to thc Property, fir~e and clear
of all li~, micmnbrancc..s and reatrictionc, of any kind, except the Permitto~l Exceptions arid
encumbrances of records which will be paid at Closing.
4
7.5 f.iti?ti,~n, There are no actions, suits, proceedings or investigations
pending or, to the knowledge of Seller, threatened again~ Seller or the Property aff~c~q~ say
portion of the Property.
7.6 p~rfien in png.~nlnn. There are no parties other than Seller in possession of
any portion of the Pwpeaqr aa a lessee with the exception of _. ]:~T/A~. , tenant at
sufferance, or trespasser, hereinabove set forth in connection with the current uso of the Property.
Seller may allow uae by othern during term of this Agr~eanong but Property shall be vacant at time
of closing. Seller shall be obligated to insure that any lease presently in effect, as of the date of this
,~greement shall be terminated by providing lawful notice to the tenants and. obtaining the
possession of the property.
7.7 Rnyer's Rt~nedi~ fnr ~,lle. r'g ]Vfisre:?~.ntatlnnn. ~ ~ event ~at B~y~
b~mes a~e ~ior to Clos~g ~ ~y of Sell~'s w~fi~ or ~r~mfiom set fo~ ~ ~s
A~m~t ~ ~t ~u~ m~y ~ ~ior to Closin~ ~d in ~e ev~t Sell~ is u~le W ~d~ ~y
such ropmson~on or w~ ~ ~ ~ct ~ of &e Clos&g Date, Buy~ my eisa: (a)
t~to ~s A~eem~t by ~fl~ ~tle~ thief to Seller. in w~gh ~mt ~o p~ ~11 be'
roliev~ of ~t ~ ~ligatio~ ~e~d~ or (b) el~t to clog ~er ~s ~~
nn~i~ding ~e f~l~ of such ~~fion ~d w~, ~ w~ch ev~t ~e Closi~ s~R be
d~ a w~v~ by Buy~ efta ~1~o ofs~h r~r~on ~d w~.
8.0 _R~yePs R.m?re.n~.nta~icms. The Buyer h~by r~pc~ ~ ~m W ~e
Sell~ ~ of t~ Closing D~ ~t Buy~ ~ ~ll ~d complete aut~fi~ ~bj~t ~ ~ws appfioable
to Buyor, to p~c~e fl~ PwpetW ~ ~ oomply with ~e t~s of ~s A~L ~d ~
ox~ufion md defiv~ of ~s A~~t by Buyer md ~e ~m~afion by Buy~ of &o
~fion ~oby con~p~ ge ~thin Buy~s cavgiW ~ ~1 ~im ~fion ~ ~ ~en
to ~e this A~e~ent v~d ~ b~g ~ Buy~ ~ ~~ce wJ~ i~ ~.
9.0 Canditinng Preen/lent to ClA,~in~. Each of ~e follow~ ev~ or o~e~es
(~e "Con~fions ~ent") ~ be a ~n~fion P~M~t m Buy~s obfi~fion W close
~fion, ff ~e Con, flora ~ce~nt ~vo not b~ satis/l~ on or ~fo~ .fl~e Closh~ Date.
Se~er ~ ~ve t~ (10) ~ ~t~ w~ch to safis~ ~e u~is~to~ wn~tion ~ ~fld Sellg
not ~ve ~ne ~ ~ s~d lOgy ~o~ Buyer sh~l ~ve ~e fi~t to ei~ (a) ~te
A~ent by ~ ~ti~ ~e~of ~ Seller, wh~u~n Buyer ~ Seller ~ be ~liev~ of
f~or obliga~o~ ~r ~g A~at; or ~) ~ive t~ con~tion ~ clo~.
9.1 R~rase, maliana. The material representations and wawaaties made by
Seller in this Agreement shall be true and correct on the Closing Date subject to the 10-day
extension provided ia Paragraph 9 above.
9.2 ,qelleeg Ahli~ztinne. Seller shall have performed all coveaants, agreements,
and ol~hgations and complied with all conditio~m ~oquired by this Agreomeat to be performed or
complied with by Seller prior to the Closing Date.
9.3 The Property shall be free 'and clear of any persons, tenants, personal
property of any kind or related appurtenances on the Closing Date. In lite event $~llra is unable to
satisfy this representation, the Buyer shall have the option to extend the closing for thirty (30) days
to insure that the Property/s vacant.
9.4 S~llor shall make available (at .qel].er'.~ office or Seller's attorne.~s office) to
Buyer no latex than twenty (20) days following the Effective Date of this Agreement, copies of all
documents which Seller may have in its possession pertaining to the Property including, but not
limited to, building plans, arohitectural p 'Inns, building permits, impact fcc assessments, notices of
special assessmen~ notices of sewer fccs and water fees, unrecorded restrictive covensnt~, variance
applications/approvals, special exception application/approvals, en~neering plans,
developer agreements, environmental reports, surveys aud prior title insurance policies, title
commitments, and bile exceptions pertaining thv~to.
9.5 S~lk,'r has no aomal knowledge nor has it received any written notic~ that
there has been any discharge of hazardous material at the Property. As used her~in, the term
"Hazardous Material" shall mean any substance, water or material which has beem determined by
any state, federal or local governnaent authority to be capable of posing a risk of injury ta health,
sa/cry and laropexty, including, but not limited to, all of those materials, wastes and substances
designated as ~ous or toxic by the U. S. Enviromnental Protection Agency, tho U'. S.
Department of Labor, thc U.S. Department of Transportation, or any other state or local
govcr~lental agency now or hereat~r authorized to regulate materials and ~ubatances in the
environment (collectively "Govcrmnental Authority(ies)"). Seller acknowledges that Buyer faust
rely on its E, tvLromncntal rcport~ and a.~ossments aa ~qell~r is not aware of Property's
environmental condition other than as stated above.
9.6 Seller shall continue to posse~s thc property until closing and shall maintain
thc same/n its present condition, reasonable wear from ordinary use excepted. Risk of loss from
fire,, casualty, or other liabilities not caused by the Buyer's gross negligence or intentional ac~s, 'shall
be Seller's until closing. Scll~r shall maintain adequate insurance against loss, including ex~nd~
coverage, during such period. If the property ~ damaged by £u'v ~ other ~a,~ualty to clo~ing, Buyer
shall have the right to take thc property "as is" togcthcr with insuranc~ proceeds, if any, or reccivca
rcductiou hi thc purcha.so price of tho property in an m-aount eq -tml to the los~. The parties shall
agree to the reduction, if any, but if the panics cannot agree upon the amount of loss, an
independent appraiser/adjuster shall be sclected whose determination shall be binding. The cost of
the appraiser/adjuster shall be borne equally by the parties hereto.
10.0 Cln.~ing. Tho Closing shall occur at a mutually agreed time on or bet0re thirty (30)
days fi'om the date this Agreement is approved by the CRA Board 'and shall take place at a mutually
agreed upon location.
11.0 ~qeller'.~ elo~ir,g r)o,;,mea~.~. At clozlng, Seller e, hall cl~livex the following
documents ("Seller's Closing Documents") to Buyer:
6
11.1. Genev~! Wsrr~n~ Der.d, The StamW~' G~ W~ D~ ~1 ~
d~y ex--ted ~ ~owledg~ by ~ller ~ ~ ~o conv~ ~ Buy~ g~ ~ ~~l~ f~
~ple rifle W ~c Pro~ ~ md cl~ of ~1 li~s, e~b~ ~ o~ ~fio~ of title,
o~er ~ ~e P~ Ex~fi~ ~d ~cepfio~ uot ~ly obj~ ~ by Buy~.
11.2 M,-,~h~;o.'n r.i~n _Aff/da~t,. A meehanic'n lien a/~idav/t/n the customary
form, attea~g that (a) no/ndividual, entity or Governmental Aathor/ty ha~ any elahn against the
Property under the applicable mechanic's lien law, (b) no individual, entity or Governmental
Authority i~ either in possession of the Property or lma a promia~ry interest or cla/m in the
Property (except Buyer), and (c) no improvements to the Property have been made for which
payment ha~ not been made.
11.3 ~ An affidavit/n fen, aad ~tmt-.-t reaaonabl¥ satiafaetory to
the Title Company to facilitate the. insuring of the "gap", i.e., the dele~/ng aa an except/on to the
Title Comrnila~eaxt any mattc~ appearing b~ween the effective dh.re of' the Title Commitment and
the effective date of the Title Policy.
11.4 lVlgPTA. A FIRPTA Non-Foreign Entity. Transferor Certi/i~ate or
Exemption Certificat~ or document evidencing withholdings, in accorttanoe with Section I445 of
the Internal Revenue Code.
11.5 -I)_ReZ~. A DR-219 Form as requital for r~.ording.
12,0 'i~uv~"n O, Ic,~ing Doe,,-n~,nt~ At olosin~ Buy~ ~R deliver the fo~o~g
do~ts ~s Clos~g ~e~ents) ~ Sdl~;
12.1 Appmwl, W~ ~c~entafio~ of B~$ au~ofi~ ~ p~h~e ~e
p~ope~.
13.0 Ch~.~i.E Peaeedu~. The Closing shall proceed in the following manner:
13.1 Tranaq~rafgunrl~. Buye~ shall pay the Purclmae Price to the Seller by
transfer of fund~ to fl~¢ account dcaignatod by Sollar.
the Buyer.
13.2 ~l;v,*ry ar.. Doeumenta. Scl]or shall deliver Seller's Closing Documents to
14.1 _Ad Valorem 'l'a~e_~. Seller ahall ~mply with Section 196.295, Florida
Statutes, with respect to the payment of prorated ad valorem tax~s Iht the year of closing into
escww with the Palm Beach County Rev~m~ Colla,-tor.
14.2 g~li~.,~ ~ln~ing C~_atn. S~ller ahall pay for the following items prior ~n ar at
the time of Closing:
7
Cost of prey/ding marketable title as. prey/deal here/n;
documentary stamps on the Warranty Deed,
14.3 Fmyer'.q C, lo~in~ C.,.~l~, Buyer shall pay for the following items prior to or at
the t/me of Closing:
Recording of Deeds; title insurance premium; survey
costs, appraisal costs, Phase I, Phase II (if
applicable), Environmental Assessment Report cosls
and relat~ expmses,
15.0 p~s.sior,_ Buyer shall be l/ranled tull possession of the PropeWj at Closing.
16.0 Cxmd~mnstion. In ~e ev~ of ~e i~fimfi~ 0f ~y p~e~ by ~y
~wimum~ Au~fi~ w~ch a~l rel~ ~ ~ pwpo~ ~ of ~y posen of ~c Pro~ by
~iuent ~m~n prior to Clos~g, or in ~e ~t of &e t~ of ~y ~on of ~ ~o~ by
o~t do~ p~r to Clofing, $ell~ ~ pro~tly no~ Buy~ ~d Buy~ ~ ~~
wi~n fifl~ (15) ~ys ~ r~ipt by Buy~ of ~c noli~ ~om Seller d&~ (1) t~to ~
A~emm~ wh~pon Seller ~ Buy~ shill be ~l~ of ~I ~ '~s~nsibihW ~
ob~gafio~ h~r; or (2) p~d to clo~ ~s ~tion. SeH~ h~eby ~ w f~fi$h
Buyer wi~ ~fl noti~ of a ~po~ ~n~on ~n five (5) b~u~s ~ys ~r Sell~s
~pt ofnoh~cafiom Sho~d Burr t~i~ tiffs A~m~ ~ p~e~ hereto ~11 be r~lea~
~ ~sr re~ve oblig~o~ ~ ~i~fi~ h~~. Shou~ Buy~ el~t not to ~te, ~c
p~ lwteW ~1 p~d to Closing ~ Sell~ ~all ~si~ all of ic~ fi~t, rifle ~ ~r~t i~ ~I
aw~ds ~ ~fion wi~ such t~g to Buy~.
17.0 hIafie~. Notices shall bc in writing delivered by han~ or by certified mail, return
receipt requested, or overnight delivery by nationally recognized service, to the address~ at the
address set forth herein, or by facsimile transfer, 'and shall be deemed to have been delivered on thc
date of receipt of such notice, if hand-delivered, or, if mailed, on the date thc receipt for which the
certificd mail is signed or refused, by the ~_a.d~es~ or its authmi~ed agent or employee, or if by
facsimile transfer, by confirmation of tran.qmission. Eith~ party may change tho address for aoticc
to that pm'ty by dcllvcrkn' g written notice o£such change in the ra~nr~.r pmv/ded -above, sUCh change
to be effective not sooner than tea (10) days after the da~ of notice ofcimage. If dthar party relies
upon a hand delivery aa de,scribed herein, then the parW uning th/s mediura shall ma/ntain an
appropriate receipt of delivery, in the normal cours~ of business.
AGENT FOR BUYER:
THE URBAN GROUP, INC.
c/o Howard Steinholz
1424 $, Andrews ~venue, Suit~ 200
Fort Lauderdale, FL 33316
A~ authorized agent for the I~BCRA
SELLEr:
Juanita Kelley & Sam Kelley,
129 N]~ 9"' Avenue
Boynton Beach, FL 33435
18.0 ~f~.lt If the Buyer shall fail or ref~e to comummate the transaction in accordance
with the terms and provisions of this agreemmt, all dc-posits and intmest shall be forfeited to Seller
as agreed upon liquidated damages. In thc eve, at of such dethult by Buyer, Seller's sole and antirv
remedy shall be restricted to retention of the dvposit plus all aeaamd interest, if any, and Buyer
shall have no other responsibility or liability of any kit~ to Seller by virtue of'such defkult.
In thc evem of a default by Scllcr, thc Buyer ~ have all remedies available to it which slml[
include the return of thc earnest money and accrued interest as liquidated 'damages ~md/or equitable
relief such ~ ~ecific per~t)rmance. The Buyer ~hould be entitled to equitable r~licf to enforce the
terms and conditions of this agr~eaxtent either through a decree for ~pecific performance or
injunctive relief.
19.0 Misr,~llam~am.
19.1 C~-nte.marf8. This Agreement may be executed in any number of
couatwpmlz) m~y one and all of which shall cormedtute the contract of the parfir,.q. The paragraph
headings herein contained arc for the purposes of identification only and shall not be coasi~ in
co]~tmln$ this A~..ement.
19.2 Ame, ndm~. No moditicarion or amendment of this Agreement sbadl be of'
any forCe or effect unless in writing executed by both Seller and Buyer.
19.3 Attamety..~' Fe~.~. If any party obtains a judgmcaa against mxy other party by
reason of breach of this Agreement, attorneys' fees and costs shall be included in such judgment.
19.4 C~vem~nE Law ~nri V~n.~., This Agreement shall bo interpreted in
ac, cordance with the laws of the State of Florida, both substantive ami mm~l and venue shall be
in Palm Beach County, Florida.
19.5 Entire. A Ln-eemo. nt' This Agreement set forth the entire agr~ment between
Seller and Buyer relating to thc Property axed all subject matter herein and supersedes all prior and
contemporaneous negotiations, understandings and agreements, written or oral, between the p~ti~.
9
19.6 Cx~mpntatinn of r)~t~. If any date computed/n the mannex hore/n ;et forth
t~alls on a legal holiday or non-b~/ness day or non-banking day, then such date shall be extended to
the first business day following sa/d l~gal holiday or non-bus/ness day or non-bank/ag day.
19.7 l~ImRmt~ling. This Agreement or any notice or rrmmorandum hereof may
not be recorded hi tlw publiG records of any county in the State of Florida.
19.8 _Nc, ~rnke, m. Seller and Buyer each rel~msent to &e o~
wi~ ~y ~n~ioned bw~, s~p~n or agent in ~tion wi~ tho ex~ufion
o~ ~m~c ~ ~e o~er p~y ~1 ~t be r~ W pay ~y co~ission w~ever
~ect to ~s A~m~t r~g ~m ~e ~fiom of ~e p~ m~ng such r~s~m~o~.
Sdler ~d Buyer in ~o~ ~ ~ ~tafio~ of the Flofi~ Stem ~d law, e~h in~
~d hold ~oh o~ ~s ~om ~ ag~st ~y ~d ~1 D~vs, ~ ~s, h~iHti~
e~ (inelu~g ~ut l~on, ~o~ble a~meys' ~d p~ f~) ~ting ~m a
D~N by ~e ~mnlry~ p~ of~o foregoing
19.9 Aee~_p. t~,~aa ,-,seDeM. The ace~tance of the Deed by Bayer shall be deemed
full peffonnanoe and discharge of every agreement and obligation on the part of Seller to be
performed pursuant to this Ageement, ~xcept those which are specifically stated to survive
delivery of the Deeds and closing.
19,10 Inlmlm~t/~. Should any term or proviaiott of tiffs Agreement bc subject to
judicial interpraation, it is agreed by Seller and Buyer that the court interpreting or construing the
same shall not apply a pwsxtmption that tho toma or providon shsll be more strictly eomtmed
against the party who itself or through its ageats and attorneys of each party have participated in the
preparation oft_he temas and provisiona at'this Agreement and that all terma and Dwvisions have
been negotiated.
19.11 C. apft~n~; Heading.e, 'l~,tej Ca~fions, headings, section and subsection
numbers in this Agreement are for convenience and reference only, and shall have no effect upon
the meaning of any of the trams or provmon aerein.
19.12 '5/g. idr_~. Failure of cithcr party to insi,~t upon oomphanee with any term or
provision hereof shall not constitute a waiver thereof, and no waiver of any term or provision of this
Agreemeaxt e, hall be effective tmleas it is in writing and signed by the lmrty against whom it is
asserted. Any waiver of any term or provision of this Agreement shall only be applicable to the
~pe~ific term or provision aad instance to which it is related, and shall not be deemed to be a
continuing or futur~ waiver as to such term or provision or as to any other term or provision.
19.13 No Third Party Rene. fie, iary. The terms and provisions o£this Agreement ar~
for the exclusive beneiit of Seller and Buyer, and not for the benefit of any third party, and this
Agreement shall not be deemed to have conferred ally rights, exprcss or implicd, upon any third
party.
19.14 ~: Radon is a naturally occurring radioactive gas that, when it
10
has a~oumulated in a building in sufficioat quantitie% may present lgaRh risks to persoas who arc
expoge, d to it over time. L~vols of radon that exceed federal and state guidelines have b~m found in
buildings in Florida. Additional information regarding radon and radon te~ting may be obtained
from your county health unit.
IN WITNESS WHEREOF, the parties have executed this Agrccraont as of the date
indicated below,
BUYER:
WITNESSES:
THE URBAN GROUP, INC. as agent for BBCRA
~Print Name)
(Pd~,t Name)
BY:
Barbara Matla~k
Date Executed: .. J~n~. 9.5. ~OOa
WITNESSES:
SELLER:
(Print Name)
(Print Name)
BY:
BY:
Suanita Kelley
Juanita Kelley for Sam Kelley, ~r.
Date Executed: __June ?g~ 2004
14:\ 199~98046 .~A C;M'~P,,mhan~AndSa[cl~:,l['~.o D.doc
11
WITNESSES:
BUYER;
APPROVED BY CRA BOARD
12
LEGAL DESCREPTION
Palm Beach Country Club Estates, Lot 9, Block 4, according lo tl~e plat thereof, as r~corded
in the Official R~.ord Book 11, at page 43 and O.R Book 11267, at page 1265 of the Public
Records of Palm Beach County, Florida, Situate, lying a~d being in Palm Beach County,
Florida.
HP O~ceJet
Personnl l~nterlFax/Copier
1'P.127'/54482
OK
Jtm-25-04 14:37 '
~lUn-25 14:29
00:07:21 0025~0030022
BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY
AGREEMENT FOR PI~RCHASE AND SAI,E OF REAI~ PROPERTY
This Agreement for Purchase and Sale of Real Property (hereinafter the "Agreement"), is
made and entered into as of the /JT/~Cday of June , 2004, by and between
BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY (hereinafter referred to as
"Buyer") and Juanita Kelley (hereinafter referred as "Seller").
In consideration of the mutual agreements set forth below, the parties agree as follows:
1.0 Definitions. The following terms when used in this Agreement shall have the
following meanings:
1.1 Batter. BOYNTON BEACH COMMU2qlTY REDEVELOPMENT
AGENCY, a public body corporate and public, created pursuant to Chapter 163 of the Florida
Statutes.
1.2 B~. THE URBAN GROUP, INC., a Florida Corporation
authorized to negotiate this Agreement and make deposits on behalf of the Buyer
1.3 Closing. The delivery of the Deeds to Buyer concurrently with the delivery
of the Purchase Price to Seller.
1.4 ~. The date of the Closing as determined in accordance with
Paragraph 10 below.
1.5 Deed. One (1) Statutory General Warranty Deed which shall convey the
Property from Seller to Buyer.
1.6 Effective Date. The date that this Agreement is executed by the last party to
sign it, party for purposes of this section only are Seller and Buyer's Agent.
1.7 Governmental Authority. Any federal, state, county, municipal or other
governmental department, entity, authority, commission, board, bureau, court, agency or any
instrumentality of any of them which has jurisdiction over the Property.
1.8 Governmental Requirement. Any law, enactment, statute, code, ordinance,
rule, regulation, judgment, decree, writ, injunction, franchise, permit, certificate, license,
authorization, agreement, or other direction or requirement of any Governmental Authority now
existing or hereafter enacted, adopted, promulgated, entered, or issued applicable to the Property, or
to any appurtenances, structure, use or facility, on or adjacent to, the Property.
1.9 Property. That certain real property located in the City of Boynton Beach,
Palm Beach County, Florida, and more particularly described as parcel on Exhibit "A" attached
hereto and made a part hereof, together with all improvements, property rights, easements,
privileges and appurtenances thereto.
1.10 Eumhase,~5~. The price the Buyer shall pay the Seller for the Property as
more fully set forth in Paragraph 3 below.
1.11 geller. For purposes of this Agreement, the Seller of the Property.
1.12 Title Commitment. A title insurance commitment issued by or written on
the Title Company, agreeing to issue the Title Policy to Buyer upon payment of the Purchase Price
and recording of the Deed and execution and recording (if applicable) of other closing documents.
1.13 ~. The title insurance company, licensed and authorized to
conduct business in the State of Florida as selected by Buyer.
1.14 Title Policy. An ALTA Form B Owner's Title Insurance Policy in the
amount of the Purchase Price, insuring Buyer's title to the Property, subject only to the Permitted
Exceptions.
2.0 Deposit and Right to Close.
2.1 For good and valuable consideration of the deposit set forth below paid by
Buyer to Seller, Seller hereby grants to Buyer and Buyer hereby accepts from Seller the right to
purchase and acquire the Property from Seller on the terms and conditions hereinafter set forth such
that the payment of the Purchase Price shall be as set forth in Section 3.0. Buyer shall place a non-
refundable deposit of One Thon.qand Dollars ($ 1~000_00 ) with
Buyer's Agent who shall tender said amount to Seller on the date this Agreement is effective. This
deposit and any deposit held pursuant to Section 2.3 shall be subtracted from the total purchase
price.
2.2 Buyer shall be obligated to give Seller notice within 45 days of
the Effective Date, that Buyer has elected to close in accordance with this Agreement. Whereupon,
Seller shall be obligated to provide to Buyer all prior title policies and surveys in its possession
pertaining to the subject real property.
2.3 Upon exercise of the right to close, Buyer shall place a second deposit of
Two Thousand Dollars ($ 2~000_00 ) with Buyer's Agent.
2.4 If Buyer does not exercise this right to close within the period stated above
in Paragraph 2.1, this right of the Buyer shall automatically and immediately terminate without
notice and the parties shall automatically be released fi:om further liability hereunder. In the event
Buyer fails to exercise this right, Seller shall retain the deposit sum paid as stated in Section 2.1 as
the sole and exclusive remedy for failure of Buyer to close.
3.0 Purchase Price. The total Purchase Price for the Property to be purchased by the
BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY, from the Seller, is the sum
of One Hundred Thirty, Five Thon.qand DOLLARS ($135~000.00). The purchase shall be
contingent upon the following.
2
3.1 Buyer's receipt of an appraisal for the Property reflecting that the property
has a fair market value equal to or exceeding the purchase price unless purchase is otherwise
approved by the CRA Board.
or before
3.2 Approval of the Agreement and fight to close by the Buyer, CRA Board, on
July 15 ,2004.
acquiring the
($135,000.00).
3.3 The Buyer's obligation to close on the Property is contingent on Buyer
parcel for the sum total of One Hundred Thirty Five Thousand Dollars
3.4 Buyer's obligation to consummate the transaction referenced herein is
contingent on the Seller conveying the real property free and clear of all liens, leases, claims and
interest of third parties.
4.0 Inspections_ Buyer shall have until the "closing date", to make any inspections it
deems necessary. (the "Inspection Period"). During the Inspection Period, Buyer may determine
that the Property has adequate services available and that all Federal, State, County and local laws,
rules and regulations have been and are currently being complied with relative to the Property. This
Agreement is contingent upon Buyer, at its sole cost and expense, obtaining and accepting a
satisfactory Phase I Environmental Audit and an asbestos survey which may include sampling of
the property. Seller consents to all sampling that may be required to complete the asbestos survey.
In the event that the Phase I Environmental Audit reveals the existence or the potential existence of
contamination, hazardous conditions, hazardous waste or other adverse conditions as defined by
applicable Federal and State Statutes, Rules and Regulations, then Buyer shall have the right of
obtaining a Phase II Audit of the property. In the event that any inspections and any review of
documents conducted by the Buyer relative to the Property during the period prior to the Closing
Date prove unsatisfactory in any fashion, the Buyer, at its sole discretion, shall be entitled to
terminate this Agreement by providing written notice to Seller and receive an immediate refund of
any deposits made pursuant to Paragraph 2.3 only plus interest paid hereto or proceed to closing as
set forth.
5.0 F. vidence of Title.
5.1 Delivery, of Title Commitment. Within twenty (20) calendar days of the
Buyer's BBCRA Board approval of the right to purchase, Buyer shall obtain a Title Commitment,
at Buyer's cost, and shall deliver a copy of the Title Commitment to Seller's attorney within three
(3) days of receipt of the title commitment.
5.2 Marketable Title. Seller shall convey marketable title to the Property,
subject to the Permitted Exceptions. Marketable Title shall be determined according to the Title
Standards adopted by authority of The Florida Bar and in accordance with law. Buyer shall have
ten (10) days from the date of receiving the Title Commitment to examine same. If title is found
defective, Buyer shall within ten (10) days of receiving the title commitment notify Seller in writing
of any specific title defects. If Seller has not received written notice from Buyer of a title defect,
3
Buyer shall waive any title objections, and accept the title in its existing condition. The Buyer's
notice of the title defects shall include a statement of how the defects should be cured. If said
defects render title unmarketable (other than encumbrances that would otherwise be paid at
closing), Seller shall have fifteen (15) days from receipt of notice within which to remove said
defects, providing that Seller shall not be obligated to spend more than ~ or initiate
litigation in order to cure or correct any noticed title defect; and if Seller is unsuccessful in
removing such defects within said time, Buyer shall have the option of either accepting the title in
its existing condition without a reduction of the Purchase Price, or of terminating this Agreement
by sending written notice of termination to Seller within ten (10) days after being notified by Seller
that Seller was unsuccessful in removing such defect(s). Upon the termination of this Agreement,
neither Buyer nor Seller shall have any further rights or obligations hereunder except as provided in
this Agreement. Seller agrees that if title is found to be unmarketable, Seller will use diligent
efforts to correct all defects in title, within the time provided therefore, and subject to the limitations
stated above.
6.0 Stmmg. Prior to the Closing Date, Buyer may obtain at its expense a survey (the
"Survey") of the Property showing all improvements thereon prepared by a land surveyor or
engineer registered and licensed in the State of Florida. The Survey shall show the legal description
of the Property to be the same as Exhibit "A" attached hereto. The Buyer may require any
reasonable revision to the legal description so long as any such revision does not result in Seller
being required to convey any lands or rights other than those described to be within the Property
described on Exhibit "A" attached hereto. Any objections must be delivered to Seller's attorney no
later than the twenty (20) days prior to Closing Date.
7.0 Seller's Representation. Seller hereby represents and warrants to Buyer as of the
Effective Date and as of the Closing Date as follows:
7.1 Seller's Authority. Seller has legal right and ability to sell the Property
pursuant to this Agreement. The execution and delivery of this Agreement by Seller and the
consummation by Seller of the transaction contemplated by this Agreement is within Seller's
capacity and all requisite action has been taken to make this Agreement valid and binding on Seller
in accordance with its terms.
7.2 ~. The execution by Seller of this Agreement and the
consummation by Seller of the transaction hereby contemplated does not, and on the Closing Date
will not, result in a breach of, or default under, any indenture, agreement, lease, instrument, pending
guardianship, obligation or the agreement of limited partnership, limited partnership certificate or
related instruments affecting the Seller, to which Seller is a party and which affects all or any
portion of the Property, or to Seller's knowledge, constitutes a violation of any Governmental
Requirement.
7.3 No Default. Seller is not in default under any indenture, mortgage, deed
of trust, loan agreement, lease or other agreement to which Seller is a party and which affects any
portion of the Property.
7.4 Title.
Seller is the owner of marketable title to the Property, free and clear
4
of all liens, encumbrances and restrictions of any kind, except the Permitted Exceptions and
encumbrances of records which will be paid at Closing.
7.5 Litigation. There are no actions, suits, proceedings or investigations
pending or, to the knowledge of Seller, threatened against Seller or the Property affecting any
portion of the Property.
7.6 Parties in Possession. There are no parties other than Seller in possession of
any portion of the Property as a lessee with the exception of_Sam Kelley~ Ir. & Brandon Kelley,
tenant at sufferance, or trespasser, hereinabove set forth in connection with the current use of the
Property. Seller may allow use by others during term of this Agreement, but Prcpe.xZ sba!! be
· the '~o*- ~,r ,h;~ Agreement oh~ll h,~ ,,:,.-,~;.,~,,:,.-1 b3 ...... ;rl;.~r ! .... fi.1 nnfipo-t-~ i-ho tonants-and
nht~inlnoc> tho .......... p~,~ .... i,,, ~,eth ...... ~--~----~"t'" Possession by Juanita Kelley as allowed by the Uniform
Relocation and Acquisition Act of 1970, as amended, evidenced by a Ninety Day Notice of
Assurance.
7.7 Fluyer's Remedies for Seller's Misrepresentations. In the event that Buyer
becomes aware prior to Closing that any of Seller's warranties or representations set forth in this
Agreement are not true any time prior to Closing, and in the event Seller is unable to render any
such representation or warranty true and correct as of the Closing Date, Buyer may either: (a)
terminate this Agreement by written notice thereof to Seller, in which event the parties will be
relieved of all further obligations hereunder; or (b) elect to close under this Agreement
notwithstanding the failure of such representation and warranty, in which event the Closing shall be
deemed a waiver by Buyer of the failure of such representation and warranty.
8.0 [luyer's Representations_ The Buyer hereby represents and warrants to the
Seller as of the Closing Date that Buyer has full and complete authority subject to laws applicable
to Buyer, to purchase the Property and to comply with the terms of this Agreement, and the
execution and delivery of this Agreement by Buyer and the consummation by Buyer of the
transaction hereby contemplated are within Buyer's capacity and all requisite action has been taken
to make this Agreement valid and binding on Buyer in accordance with its terms.
9.0 Conditions Precedent to Closing. Each of the following events or occurrences
(the "Conditions Precedent") shall be a Condition Precedent to Buyer's obligation to close this
transaction. If the Conditions Precedent have not been satisfied on or before the Closing Date,
Seller shall have ten (10) days within which to satisfy the unsatisfactory condition and should Seller
not have done so within said 10-day period, Buyer shall have the right to either (a) terminate this
Agreement by giving notice thereof to Seller, whereupon Buyer and Seller shall be relieved of all
further obligations under this Agreement; or (b) waive the condition and close.
9.1 Representations. The material representations and warranties made by
Seller in this Agreement shall be true and correct on the Closing Date subject to the 10-day
extension provided in Paragraph 9 above.
9.2 Seller's Obligations. Seller shall have performed all covenants, agreements,
and obligations and complied with all conditions required by this Agreement to be performed or
complied with by Seller prior to the Closing Date.
9.3 The .Prepe_~_t ..................... ~h~n he ~ ~,,,~ ~q,~,- ~,e ~,,,,, persons, ten,_ts, personal
................... ~.~ ......... .Possesston b7 Jum~a Kelley ~ allowed b~ the Um(o~
Relocation ~d Acquisition Act of 1970, as mended, evidenced by a Nbe~Day Notice of
.Xss~mce. -
9.4 Seller shall m~e available (at Seller's office or Seller's a~omey's office) to
Buyer no later th~ ~en~ (20) days following the Effective Date of tbs A~eement, copies of all
documents w~ch Seller may have in its possession pe~ai~ng to the Prope~ including, but not
limited to, building plans, ~chtec~al plus, building pe~its, impact fee ~sessments, notices of
special assessments, notices of sewer fees ~d water fees, ~ecorded res~ctive coven~ts, vm~ce
applications/approvals, special exception applicatio~approvals, engineering plus, ~ecorded
developer a~eements, enviromental repo~s, s~eys ~d prior title ins~ce policies, title
co~itments, ~d title exceptions pe~ai~g thereto.
9.5 Seller has no actual knowledge nor has it received any written notice that there has
been any discharge of hazardous material at the Property. As used herein, the term "Hazardous Material"
shall mean any substance, water or material which has been determined by any state, federal or local
government authority to be capable of posing a risk of injury to health, safety and property, including, but
not limited to, all of those materials, wastes and substances designated as hazardous or toxic by the U. S.
Environmental Protection Agency, the U. S. Department of Labor, the U.S. Department of Transportation,
or any other state or local governmental agency now or hereafter authorized to regulate materials and
substances in the environment (collectively "Governmental Authority(ies)"). Seller acknowledges that
Buyer must rely on its Environmental reports and assessments as Seller is not aware of Property's
environmental condition other than as stated above.
9.6 Seller shall continue to possess the property until the time dictated by the
URA, as ev. idenced by Ninety Day Let[..er of Assurance, after.closing and shall maintain the same in
its present condition, reasonable wear from ordinary use excepted. Risk of loss from fire, casualty,
or other liabilities not caused by the Buyer's gross negligence or intentional acts, shall be Seller's
until closing. Seller shall maintain adequate insurance against loss, including extended coverage,
during such period. If the property is damaged by fire or other casualty to closing, Buyer shall have
the right to take the property "as is" together with insurance proceeds, if any, or receive a reduction
in the purchase price of the property in an amount equal to the loss. The parties shall agree to the
reduction, if any, but if the parties cannot agree upon the amount of loss, an independent
appraiser/adjuster shall be selected whose determination shall be binding. The cost of the
appraiser/adjuster shall be borne equally by the parties hereto.
10.0 C_lasing. The Closing shall occur at a mutually agreed time on or before thirty (30)
days from the date this Agreement is approved by the CRA Board and shall take place at a mutually
agreed upon location.
11.0 Seller's Closing Documents. At closing, Seller shall deliver the following
documents ("Seller's Closing Documents") to Buyer:
11.1 General Warranty Deed. The Statutory General Warranty Deed shall be
duly executed and acknowledged by Seller so as to convey to Buyer good and marketable fee
simple title to the Property free and clear of all liens, encumbrances and other conditions of title,
other than the Permitted Exceptions and exceptions not duly objected to by Buyer.
11.2 Mechanic's l,ien Affidavit. A mechanic's lien affidavit in the customary
form, attesting that (a) no individual, entity or Governmental Authority has any claim against the
Property under the applicable mechanic's lien law, (b) no individual, entity or Governmental
Authority is either in possession of the Property or has a promissory interest or claim in the
Property (except Buyer), and (c) no improvements to the Property have been made for which
payment has not been made.
11.3 ~. An affidavit in form and content reasonably satisfactory to
the Title Company to facilitate the insuring of the "gap", i.e., the deleting as an exception to the
Title Commitment any matters appearing between the effective date of the Title Commitment and
the effective date of the Title Policy.
11.4 FIRPTA. A FIRPTA Non-Foreign Entity Transferor Certificate or
Exemption Certificate or document evidencing withholdings, in accordance with Section 1445 of
the Internal Revenue Code.
11.5 DR-219. A DR-219 Form as required for recording.
12.0 lquyer's Closing Document~q, At
documents (Buyer's Closing Documents) to Seller;
closing, Buyer shall
deliver the following
property.
12.1 Annroval_
Written documentation of Buyer's authority to purchase the
13.0 Closing Procedure. The Closing shall proceed in the following manner:
13.1 Transfer of Funds. Buyer shall pay the Purchase Price to the Seller by
transfer of funds to the account designated by Seller.
the Buyer.
13.2 DeliveW of Documents. Seller shall deliver Seller's Closing Documents to
14.0 Closing Costs, Taxes, Prorations and Impact Fees.
14.1 Ad Valorem Taxes. Seller shall comply with Section 196.295, Florida
Statutes, with respect to the payment of prorated ad valorem taxes for the year of closing into
escrow with the Palm Beach County Revenue Collector.
14.2
the time of Closing:
14.3
the time of Closing:
Seller's Closing Costs_ Seller shall pay for the following items prior to or at
Current Real Estate Taxes
-Mortgages, Liens, and other claims against property
Ruver's Closing Costs. Buyer shall pay for the following items prior to or at
Cost of providing marketable title as provided herein;
Documentary stamps on the Warranty Deed.
15.0 Possession. Buyer shall be granted full possession of the Property at Closing.
16.0 Condemnation. In the event of the institution of any proceedings by any
Governmental Authority which shall relate to the proposed taking of any portion of the Property by
eminent domain prior to Closing, or in the event of the taking of any portion of the Property by
eminent domain prior to Closing, Seller shall promptly notify Buyer and Buyer shall thereafter
within fifteen (15) days after receipt by Buyer of the notice from Seller either (1) terminate this
Agreement, whereupon Seller and Buyer shall be released of all further responsibility and
obligations hereunder; or (2) proceed to close this transaction. Seller hereby agrees to furnish
Buyer with written notice of a proposed condemnation within five (5) business days after Seller's
receipt of notification. Should Buyer terminate this Agreement, the parties hereto shall be released
from their respective obligations and liabilities hereunder. Should Buyer elect not to terminate, the
parties hereto shall proceed to Closing and Seller shall assign all of its right, title and interest in all
awards in connection with such taking to Buyer.
17.0 Notice. Notices shall be in writing delivered by hand, or by certified mail, return
receipt requested, or overnight delivery by nationally recognized service, to the addressee at the
address set forth herein, or by facsimile transfer, and shall be deemed to have been delivered on the
date of receipt of such notice, if hand-delivered, or, if mailed, on the date the receipt for which the
certified mail is signed or refused, by the addressee or its authorized agent or employee, or if by
facsimile transfer, by confirmation of transmission. Either party may change the address for notice
to that party by delivering written notice of such change in the manner provided above, such change
to be effective not sooner than ten (10) days after the date of notice of change. If either party relies
upon a hand delivery as described herein, then the party using this medium shall maintain an
appropriate receipt of delivery, in the normal course of business.
8
AGENT FOR BUYER:
THE URBAN GROUP, INC.
1424 S. Andrews Avenue, Suite 200
Fort Lauderdale, Florida 33316
As authorized agent for the BBCRA
SELLER:
Juanita Kelley
129 NE 9~h Avenue
Boynton Beach, Florida 33435
18.0 Default If the Buyer shall fail or refuse to consummate the transaction in accordance
with the terms and provisions of this agreement, all deposits and interest shall be forfeited to Seller
as agreed upon liquidated damages. In the event of such default by Buyer, Seller's sole and entire
remedy shall be restricted to retention of the deposit plus all accrued interest, if any, and Buyer
shall have no other responsibility or liability of any kind to Seller by virtue of such default.
In the event of a default by Seller, the Buyer shall have all remedies available to it which shall
include the remm of the earnest money and accrued interest as liquidated damages and/or equitable
relief such as specific performance. The Buyer should be entitled to equitable relief to enforce the
terms and conditions of this agreement either through a decree for specific performance or
injunctive relief.
19.0
19.1 Counterparts_ This Agreement may be executed in any number of
counterparts, any one and all of which shall constitute the contract of the parties. The paragraph
headings herein contained are for the purposes of identification only and shall not be considered in
construing this Agreement.
19.2 Amendment. No modification or amendment of this Agreement shall be of
any force or effect unless in writing executed by both Seller and Buyer.
19.3 Attorneys' Fees. If any party obtains a judgment against any other party by
reason of breach of this Agreement, attorneys' fees and costs shall be included in such judgment.
19.4 Governing l,aw and Venue. This Agreement shall be interpreted in
accordance with the laws of the State of Florida, both substantive and remedial and venue shall be
in Palm Beach County, Florida.
19.5 Entire A~eement, This Agreement set forth the entire agreement between
Seller and Buyer relating to the Property and all subject matter herein and supersedes all prior and
contemporaneous negotiations, understandings and agreements, written or oral, between the parties.
19.6 Computation of Da~es. If any date computed in the manner herein set forth
falls on a legal holiday or non-business day or non-banking day, then such date shall be extended to
the fn'st business day following said legal holiday or non-business day or non-banking day.
19.7 No Recording. This Agreement or any notice or memorandum hereof may
not be recorded in the public records of any county in the State of Florida.
19.8 No lqroker.q. Seller and Buyer each represent to the other that it has not dealt
with any commissioned broker, salesperson or agent in connection with the execution and delivery
of this Agreement, and the other party shall not be required to pay any commission whatsoever with
respect to this Agreement resulting from the actions of the party making such representations.
Seller and Buyer in accordance with the limitations of the Florida Statutes and law, each indemnify
and hold each other harmless from and against any and all losses, costs, damages, liabilities and
expenses (including without limitation, reasonable attorneys' and paralegal fees) resulting from a
breach by the indemnifying party of the foregoing representation.
19.9 Acceptance of Deed. The acceptance of the Deed by Buyer shall be deemed
full performance and discharge of every agreement and obligation on the part of Seller to be
performed pursuant to this Agreement, except those which are specifically stated to survive
delivery of the Deeds and closing.
19.10 ~. Should any term or provision of this Agreement be subject to
judicial interpretation, it is agreed by Seller and Buyer that the court interpreting or construing the
same shall not apply a presumption that the term or provision shall be more strictly construed
against the party who itself or through its agents and attorneys of each party have participated in the
preparation of the terms and provisions of this Agreement and that all terms and provisions have
been negotiated.
19.11 Captions; Headings; Etc. Captions, headings, section and subsection
numbers in this Agreement are for convenience and reference only, and shall have no effect upon
the meaning of any of the terms or provision herein.
19.12 Waiver. Failure of either party to insist upon compliance with any term or
provision hereof shall not constitute a waiver thereof, and no waiver of any term or provision of this
Agreement shall be effective unless it is in writing and signed by the party against whom it is
asserted. Any waiver of any term or provision of this Agreement shall only be applicable to the
specific term or provision and instance to which it is related, and shall not be deemed to be a
continuing or furore waiver as to such term or provision or as to any other term or provision.
19.13 No Third Party, lqeneficiaw. The terms and provisions of this Agreement are
for the exclusive benefit of Seller and Buyer, and not for the benefit of any third party, and this
Agreement shall not be deemed to have conferred any rights, express or implied, upon any third
party.
19.14 RADON GAS: Radon is a naturally occurring radioactive gas that, when it
has accumulated in a building in sufficient quantities, may present health risks to persons who are
exposed to it over time. Levels of radon that exceed federal and state guidelines have been found in
buildings in Florida. Additional information regarding radon and radon testing may be obtained
from your county health unit.
10
IN WITNESS WHEREOF,
indicated below.
WITNESSES
(Pfin~-N~aml)
(Print Name)
the parties have executed this Agreement as of the date
BUYER:
THE URBAN GROUP, INC. as agent for BBCRA
Date Executed:_
WITNESSES:
(Print Name)
Date Executed:
WITNESSES:
BUYER:
APPROVED BY CRA BOARD
(Print Name)
(Print Name)
By:
Chair
Date Executed:
\xJGCD£_FS\LIBRARYM 998\980465X~AGM'D?urchaseAndSaleRealProp.doc
11
EXHIBIT "A"
DESCRIPTION
Palm Beach Country Club Estates, Lot 8, Block 4, according to the plat thereof, as recorded in the
Official Record Book 11, at page 43 and O.R Book 11267, at page 1265 of the Public Records of
Palm Beach County, Florida, Situate, lying and being in Palm Beach County, Florida.
12