R04-210
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1 RESOLUTION NO. R 04 -Øl '0
2
3 A RESOLUTION OF THE CITY OF BOYNTON BEACH,
4 FLORIDA, AUTHORIZING THE MAYOR TO
5 EXECUTE A QUIT CLAIM DEED IN FAVOR OF
6 DELIVERANCE BY FAITH CHURCH AND
7 ACCEPTING A DEED FROM DELIVERANCE BY
8 FAITH CHURCH EXCHANGING LAND OF EQUAL
9 VALUE LOCATED ON NORTHEAST MARTIN
10 LUTHER KING BOULEVARD IN BOYNTON BEACH;
11 AND PROVIDING AN EFFECTIVE DATE.
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13 WHEREAS, the City of Boynton Beach is the owner of a parcel of land located on
14 Northeast Martin Luther King Boulevard in the City of Boynton Beach and described in the
15 Quit Claim Deed attached hereto as Exhibit "A"; and
16 WHEREAS, Deliverance by Faith Church also owns a parcel of property
17 approximately the same size and value, in the same general area and under the same land use
18 and zoning as the City's parcel of land and described in the Warranty Deed attached hereto as
19 Exhibit "B"; and
20 WHEREAS, staff has made a recommendation that the parties exchange parcels of
21 land to assist the Community Redevelopment Agency in the assembly of a development
22 parcel as part of the first phase of the Heart of Boynton Redevelopment Project;
23 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
24 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
25 Section 1. The foregoing "WHEREAS" clauses are true and correct and
26 hereby ratified and confirmed by the City Commission.
27 Section 2. The City Commission of the City of Boynton Beach hereby authorizes
28 the Mayor to execute a Quit Claim Deed transferring ownership to the property described in
29 the Quit Claim Deed attached hereto as Exhibit "A" to Deliverance by Faith Church and to
S:\CA \RESO\Real Estate\Land Exchange with Deliverance by Faith Church.doc
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1 accept ownership on behalf of the City of Boynton Beach of the land described in the
2 Warranty Deed attached hereto as Exhibit "B".
3 Section 3. That this Resolution will become effective immediately upon passage.
4 PASSED AND ADOPTED this ~ day of h-em be.r ,2004.
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6 CITY OF BOYNTON BEACH, FLORIDA
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S:\CA\RESO\Real Estate\Land Exchange with Deliverance by Faith Church.doc
ROi - ~'O
This Instrument Prepared by and Return to:
Donald J. Doody, Esquire
GOREN, CHEROF, DOODY & EZROL, PA
3099 E. Commercial Bouievard, Suite 200
Fort Lauderdale, Florida 3330S
PIN: 08-43-45-21-04-000-0020
QITTT ('J.A 1M OF.F.O
~~('
THIS QUIT CLAIM DEED made this ~ day on hi , ðm5ðl, 2004 between City of
Boynton Beach, a Florida municipal corporation, whose post office address is 100 East
Boynton Beach Blvd., Boynton Beach, Florida 33425 (hereinafter referred to as "Grantor")
and Deliverance by Faith Church, Inc., a Florida not for profit corporation whose post
office address III NE M.L.KJ. Boulevard, Boynton Beach, Florida 33435 (hereinafter
referred to as I'Grantee"). "Grantor" and "Grantee" are used for singular or pJural, as context requires.
WITNESSETH:
The said Grantor, for and in consideration of the sum ofTEN ($10.00) DOLLARS in
hand paid by the said Grantee, the receipt whereof is hereby acknowledged, does hereby
remise, release, and quit-claim unto the said Grantee forever, all the right, title, interest, claim
and demand which the said Grantor has in and to the following described lot, piece or parcel
ofland, situate, lying and being in the County ofP AIM BEACH, State of Florida, to-wit
The East 100 feet of the West 106 feet of Lot 2 of ROBERT WELLS SUBDIVISION,
according to the plat thereof, as recorded in Plat Book 11, Page 66 of the Public
Records of Palm Beach County, Florida, less the North 10 feet thereof
TO HAVE AND TO HOLD the same together with all and singular the
appurtenances thereunto belonging or in anyway appertaining, and all the estate, right, title,
interest, lien, equity, and claim whatsoever of the said Grantor, either in law or equity, to the
only proper use, benefit, and behalf of the said Grantee forever.
[SIGNATURE PAGE FOLLOWS]
IN WITNESS WHEREOF, Grantor hereunto sets Grantor's hand and seal the day and
1 OF 2
£x"'~' í \.( /J- ;¡
year first above written.
Signed, sealed, and delivered CITY OF BOYNTON BEACH, a Florida
in the presence of: municiP12~
~
By: IítJ~T BRESSNCR
( Title: CITY M~N!\CER
(PC BOYNTON BE~CH. FL
. CJP-
Wi~SS !N. .~ ~
kw In ð<-
~n 'InQ
(Print Name) ~
^ '~CITY ATrDRNEY
STATE OF FLORIDA )
COUNTY OF BROW ARD )
tr~ j)eCffll IWK
The foregoing instrument was acknowledged before me this L day of No. effiIo,er, 2004
by klAtd- Be6Sf>nl"t:. , as C; f, r'nÁf1áljf/L of the City of
Boynton Beach, Florida who is personally known to me or has produced a Florida Driver's
License as identification.
v/,..cwh(.tL ^. In a4U,~
NOTARY PUBLIC
,'':Y..;'~t'" Barbara M. Madden
f~;i~-..c"'nmission # DDl25274
,,;\ i~¡; Expues jnIy 19.2006
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H:\20041Q40454'04·11-03 Quit-Claim Deed to church from BB.doc
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THIS INSTRUMENT WAS PREPARED BY:
Donald J. Doody, Esquire
GOREN, CHEROF, DOODY & EZROL, P.A.
3099 E. Commercial Blvd., Suite 200
Fort Lauderdale, Florida 33308
PIN: 08-43-45-21-25-001-0040
WARRANTY DEED
Dec.:ember
THIS INDENTURE, made this n day of J>l8'.'ilHNler, 2004, by and between
Deliverance by Faith Church, Inc., a Florida not for profit corporation, whose post office
address is III NE M.L.K.J. Boulevard, Boynton Beach, Florida 33435, hereinafter referred
to as "Grantor" and City of Boynton Beach, a Florida municipal corporation, whose post
office address 100 East Boynton Beach Boulevard, Boynton Beach, Florida 33435,
hereinafter referred to as "Grantee. n
WIT N E SSE T H:
That said Grantor, for and in consideration of the sum ofTEN ($10.00) DOLLARS,
and other good and valuable considerations to Grantor in hand paid by Grantee, the receipt
whereof is hereby acknowledged, has granted, bargained and sold to the Grantee, and
Grantee' successors and assigns forever, the following described land, situate, lying and being
in PALM BEACH County, Florida, to wit
Lots 4 and 5, less the South 10 feet in Block 1 of FRANK WEBBER ADDITION TO
BOYNTON, according to the plat thereof, as recorded in Plat Book 9, Page 3 of the
Public Records of Palm Beach County, Florida.
SUBJECT TO: Taxes for current year and subsequent years, zoning and/or
restrictions and prohibitions imposed by govermnental authorities, and easements and
restrictions and other matters appearing on the plat and/or common to the subdivision.
Together with: All the tenements, hereditaments and appurtenances thereto belonging
or in anywise appertaining.
To Have and To Hold, the same in fee simple forever.
And the Grantor hereby covenants with said Grantee that Grantor is lawfully seized of
said land in fee simple; that Grantor has good right and lawful authority to sell and convey
said land; that Grantor hereby fully warrants the title to said land and will defend the same
against the lawful claims of all persons whomsoever; and that said land is free of all
encumbrances.
[SIGNATURE PAGE FOLLOWS]
£" ')<CN .ß I T \'6 II
IN WITNESS WHEREOF, Grantor has hereunto set Grantor's hands the day and year
first above written.
Signed, sealed and delivered
III our presence: DELIVERANCE BY FAITH CHURCH, INC., a
Florida not for profit corporation
111 t h1 Í{ ÞD I])(t(.t 1f,,!0J
£d'I>" VIA 7), &u:K~u /1
( rint or Type Name)
\\Ð_~C~:~
\~ - ,~. Co~'f\~\\U~
(Print or Type Name)
STATE OF FLORIDA )
COUNTY OF-DRO';,W"J) )
fAU( .~
The foregoing instrument was acknowledged before me this Z3.. day of ÞO¡Q"~8r, ~~
2004 by Glenn Lyons, as President of Deliverance by Faith Church, me., on behalf of said
corporation, who is personally known to me or has produced a Florida driver's license as
identification.
~~~. ~.Q~~
NOTARY PUBLIC
~ Debbie A Reamsnyder
! . My Commission 00075925
~ Of ~J Expires December 2, 2005
H:\2004\040454\04-1 ] -03 Warranty Deed to BB from church.doc
AGREEMENT TO EXCHANGE REAL PROPERTY
THIS AGREEMENT is made on December .ß, 2004 by and between the City of
Boynton Beach, a Florida municipal corporation (hereinafter referred to as the "City"),
and Deliverance by Faith Church, Inc., a Florida not for profit corporation (hereinafter
referred to as the "Church") with the purpose of exchange real property.
WHEREAS, the City owns Parcel A and the Church owns Parcel B which two
parcels are more particularly described as:
PARCEL A
(Property of the City)
The East 100 feet of the West 106 feet of Lot 2 of ROBERT WELLS SUBDIVISION,
according to the plat thereof, as recorded in Plat Book 11, Page 66 of the Public
Records of Palm Beach County, Florida, less the North 10 feet thereof
PARCEL B
(Property of the Church)
Lots 4 and 5, less the South 10 feet in Block 1 of FRANK WEBBER ADDITION TO
BOYNTON, according to the plat thereof, as recorded in Plat Book 9, Page 3 of the
Public Records of Palm Beach County, Florida.
WHEREAS, in the collective interest of the City and the Church, each has
expressed a desire to exchange the two (2) Parcels.
THEREFORE, in consideration of the premises, the mutual covenants and
agreements herein contained, First Party and Second Party do hereby covenant and agree
as follows:
1. CONVEYANCE AND CONSIDERATION:
For the consideration and on the subject to the terms, provisions, and conditions hereinafter
set forth, the City agrees to convey to the Church the real property described above as
Parcel A together with all and singular the rights and appurtenances pertaining to the real
property, including any right, title, and interest of the City in and to adjacent streets, alleys,
or rights-of-way together with any improvements, fixtures, and personal property situated
on and attached to Parcel A, in exchange for the conveyance by the Church to the City of
the real property described above as Parcel B, together with all and singular the rights and
appurtenances pertaining to the real property, including any right, title, and interest of the
Church III and to adjacent streets, alleys, or rights-of-way, together with any
improvements, fixtures, and personal property situated on and attached to the Parcel B.
2. CONDITIONS TO OBLIGATIONS OF THE CITY
The obligations of the City to consummate the exchange as contemplated by the terms and
provisions of this Agreement are subject to the satisfaction of each of the following
conditions (any of which may be waived in whole or in part by the City):
a) Requirement ofSurvev.
The Church shall furnish to the City a current plat of survey of Plat B prepared by a
licensed and registered surveyor or engineer.
The City will have ten (10) days after receipt of such survey to review and approve same.
In the event any portion of such survey is unacceptable to the City, then the City shall
notify the Church of such fact. If the Church chooses not to take actions to correct
unacceptable portions of the surveyor is unable to do so, the City may terminate this
agreement.
b) Acceptabilitv of Title. The City shall obtain an opinion of title prepared relating to
Parcel B. The City shall give the Church written notice on or before the expiration of ten
(10) days after receiving such results of title that the condition of title as set forth therein is
or is not satisfactory. In the event the condition is reported as not satisfactory, it will be
documented by title examination, provided at the expense of the Church. On receipt
thereof the Church shall promptly undertake to eliminate or modify all objections to the
reasonable satisfaction of the City. In the event the Church is unable to respond to
objections within ten (10) days after receipt of written notice, this Agreement shall
thereupon be null and void for all purposes; otherwise, said condition shall be deemed to
be acceptable and any objection thereto shall be deemed to have been waived for all
purposes.
c) Estoppel Letter. The Church shall deliver to the City an "estoppel letter" signed by the
holders of any existing indebtedness secured by Parcel B, stating: (1) that as of the closing
date no default exists under either the deed of trust or mortgage or notes or any instruments
securing the payment of same; (2) that all installments of principal and interest payable to
the date of closing have been paid; (3) the amount of the unpaid balance of the notes; and
(4) that there have been no modifications or amendments to such note or deed of trust or
mortgage instruments.
3. REPRESENTATIONS AND WARRANTIES OF THE CHURCH
The Church hereby represents and warrants to the City as follows:
(1) There are no parties in possession of any portion of Parcel B as lessees, tenants at
sufferance, or trespassers;
(2) There is no pending or threatened condemnation or similar proceeding or assessment
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affecting Parcel B, or any part thereof, nor to the best knowledge and belief of the Church
is any such proceeding or assessment contemplated by any governmental authority;
(3) The Church has complied with all applicable laws, ordinances, regulations, statutes,
rules, and restrictions relating to Parcel B described herein, or any part thereof;
(4) Parcel B has full and free access to and rrom public highways, streets, or roads and, to
the best knowledge and belief of the Church, there is no pending or threatened
governmental proceeding which would impair or result in the termination of such access.
4. REPRESENTATIONS AND WARRANTIES OF THE CITY
The City hereby represents and warrants to the Church as follows:
(1) There are no parties in possession of any portion of Parcel A as lessees, tenants at
sufferance, or trespassers;
(2) There is no pending or threatened condemnation or similar proceeding or assessment
affecting Parcel A, or any part thereof, nor to the best knowledge and belief of the City is
any such proceeding or assessment contemplated by any governmental authority;
(3) The City has complied with all applicable laws, ordinances, regulations, statutes, rules,
and restrictions relating to Parcel A described herein, or any part thereof;
(4) Parcel A has full and rree access to and from public highways, streets, or roads and, to
the best knowledge and belief of First Party, there is no pending or threatened
governmental proceeding which would impair or result in the termination of such access.
5. CLOSING
The closing shall be via courier, overnight delivery or held at the office of GOREN,
CHEROF, DOODY & EZROL, P.A. located at 3099 East Commercial Boulevard, Suite
200, Fort Lauderdale, Florida 33308 on or before December 23..,2004 (herein referred to
as the "closing date"). At the closing:
(a) The City shall:
(i) Deliver to Church a duly executed and acknowledged Quit-Claim Deed
conveying good title in fee simple to Parcel A, free and clear of any and all liens
and encumbrances.
(ii) Deliver to Church possession of Parcel A.
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(b) The Church shall:
(i) Deliver to the City a duly executed and acknowledged Warranty Deed in a form
acceptable to City's counsel conveying good and marketable title in fee simple to
Parcel B, free and clear of any and all liens, encumbrances, conditions,
assessments, and restrictions.
(ii) Deliver to the City possession of Parcel B.
6. MISCELLANEOUS PROVISIONS:
a) Real estate taxes for the then current year relating to Parcel B shall be prorated as of the
closing date.
(b) Nominal documentary stamps on both parcels, Parcel A and Parcel B, shall be paid by
the City.
(c) Filing fees shall be paid by ~¡;ry , attorney's fees shall be paid by
é-ny respectively.
(d) Title costs relative to Parcel B shall be paid by the City.
(e) This Agreement shall be construed under and in accordance with the laws of the State
of Florida and all obligations of the parties created hereunder are performable in Palm
Beach County, Florida.
(t) In case anyone or more of the provisions contained in this contract shall for any reason
be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or
unenforceability shall not affect any other provision thereof and this contract shall be
construed as if such invalid, illegal, or unenforceable provision had never been contained
herein.
IN WITNESS WHEREOF, the parties hereto have executed this agreement on the
date first mentioned above.
Witness:
~/f1(1 Q ~LùA~rhil- DELfVERAN~CHURCB
MÁ/L -
By: t1¿EIf)~ J '/-,{dAlS
~.~, CC¡\~-t, Title: '?Á'7Tt'J R ,
Date executed: -p~. 7 2j Zðt-4
I
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CITY OF BOYNTON BEACH
ATTEST:
~In By:
Title:
Clt Clerk Date executed:
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