R05-137
"
1 RESOLUTION NO. R 05 - /S 1
2
3 A RESOLUTION OF THE CITY OF BOYNTON BEACH,
4 FLORIDA, AUTHORIZING THE MAYOR TO
5 EXECUTE AN AGREEMENT TO EXCHANGE REAL
6 PROPERTY AND A QUIT CLAIM DEED IN FAVOR OF
7 DELIVERANCE BY FAITH CHURCH AND
8 ACCEPTING A DEED FROM DELIVERANCE BY
9 FAITH CHURCH EXCHANGING LAND OF EQUAL
10 VALUE LOCATED ON NORTHEAST MARTIN
11 LUTHER KING BOULEVARD IN BOYNTON BEACH;
12 AND PROVIDING AN EFFECTIVE DATE.
13
14 WHEREAS, the City of Boynton Beach is the owner of a parcel of land located on
15 Northeast Martin Luther King Boulevard in the City of Boynton Beach and described in the
16 Quit Claim Deed attached hereto as Exhibit "A"; and
17 WHEREAS, Deliverance by Faith Church also owns a parcel of property
18 approximately the same size and value, in the same general area and under the same land use
19 and zoning as the City's parcel ofland and described in the Warranty Deed attached hereto as
20 Exhibit "B"; and
21 WHEREAS, staff has made a recommendation that the parties exchange parcels of
22 land, the particulars of which are set out in the Agreement to Exchange Real Property, a copy
2'1 of which is attached hereto as Exhibit "C", to assist the Community Redevelopment Agency
24 in the assembly of a development parcel as part of the first phase of the Heart of Boynton
25 Redevelopment Project;
26 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
27 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
28
Section 1.
The foregoing "WHEREAS" clauses are true and correct and
29 hereby ratified and confirmed by the City Commission.
30
Section 2.
The City Commission of the City of Boynton Beach hereby authorizes
31 the Mayor to execute an Agreement to Exchange Real Property, attached hereto as Exhibit
s:\C A \RESO\Real Estate\2nd land Exchange with Deliverance by Faith Church.doc
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1 "C", a Quit Claim Deed transferring ownership to the property described in the Quit Claim
2 Deed attached hereto as Exhibit "A" to Deliverance by Faith Church and to accept ownership
3 on behalf of the City of Boynton Beach of the land described in the Warranty Deed attached
4 hereto as Exhibit "B".
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Section 3.
That this Resolution will become effective immediately upon passage.
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a<PJu-0C
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CITY OF BOYNTON BEACH, FLORIDA
PASSED AND ADOPTED this /"Vhdayof
, 2005.
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Commissioner
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Corporate Seal)
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AGREEMENT TO EXCHANGE REAL PROPERTY
Sf,P"ft.W(~
THIS AGREEMENT is made on~ -212, 2005 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 ofthe City)
Lot 2 less the North 10 feet Road of Way 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.
PARCEL B
(Property of the Church)
The East Zl of Lot 26 less the South 10 feet for a road right-of-way, Block 1 of E.
ROBERTS ADDITION, according to the plat thereof, as recorded in Plat Book 1,
Page 123 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 in 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 maybe waived in whole or in part by the City):
a) Requirement of Survey.
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) Acceptability 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. REPRESENT A TIONS 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
2
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 from 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 free 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 befor~ ~, 2005 (herein referred to as
the "closing date"). At the closing: 5lPTmWe
(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.
3
(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 ?r;y
tJ T'f. respectively.
, attorney's fees shall be paid by
(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 FlOlida and all obligations of the parties created hereunder are performable in Palm
Beach County, Florida.
(f) 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:
Date executed:
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ATTEST:
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CITY OF BOYNTON BEACH
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This Instrument Prepared by and Return to:
Donald J. Doody, Esquire
GOREN, CHEROF, DOODY & EZROL, PA
3099 E. Commercial Boulevard, Suite 200
Fort Lauderdale, Florida 33308
1205'-/37
PIN: 08-43-45-21-04-000-0021
WARRANTY DEED
-S~Bi!i"L
THIS INDENTURE, made this ZJi!"day of..Aagtls'l, 2005, by and between
Deliverance by Faith Church, Inc., a Florida not for profit corporation, whose post office
address is III NE M.L.KJ. 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."
WITNESSE TH:
That said Grantor, for and in consideration of the sum ofTEN ($10.00) DOLLARS,
and other good and valuable considerations to Grantor in hand paid by Grantee, the receipt
whereof is hereby acknowledged, has granted, bargained and sold to the Grantee, and
Grantee' successors and assigns forever, the following described land, situate, lying and being
in PALM BEACH County, Florida, to wit:
The East !I, of Lot 26 less the South 10 feet for a road right-of-way, Block 1 of E.
ROBERTS ADDITiON, according to the plat thereof, as recorded in Plat Book 1,
Page 123 of the Public Records of Palm Beach County, Florida.
SUBJECT TO: Taxes for current year and subsequent years, zonmg and/or
restrictions and prohibitions imposed by govermnental authorities, and easements and
restrictions and other matters appearing on the plat and/or common to the subdivision.
Together with: All the tenements, hereditaments and appurtenances thereto belonging
or in anywise appertaining.
To Have and To Hold, the same in fee simple forever.
And the Grantor hereby covenants with said Grantee that Grantor is lawfully seized of
said land in fee simple; that Grantor has good right and lawful authority to sell and convey
said land; that Grantor hereby fully warrants the title to said land and will defend the same
against the lawful claims of all persons whomsoever; and that said land is free of all
encumbrances.
[SIGNATURE PAGE FOLLOWS]
IN WITNESS WHEREOF, Grantor has hereunto set Grantor's hands the day and year
first above written.
Signed, sealed and delivered
m our presence:
DELIVERANCE BY FAITH CHURCH, me., a
Florida not for profit corporation
I!!i-fld (
(W.IAJilJS &i?E.J:pk
(Pnnt or Type Name)
~t:t~~
(Print or Type Name)
STATE OF FLORIDA
COUNTY OF PALM BEACH
The foregoing instrument was acknowledged before me this Zt> day of~sei?
2005 by Glenn Lyons, as President of Deliverance by Faith Church, Inc., on behalf of
said corporation, who is personally known to me or has produced a Florida driver's license as
identification.
,~, Debbie A Ream$ll)'d.r
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NOTARY PUBLIC
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This Instrument Prepared by and Return to:
Donald J. Doody, Esquire
GOREN, CHEROF, DOODY & EZROL, PA
3099 E. Commercial Boulevard, Suite 200
Fort Lauderdale, Florida 33308
PIN: 08-43-45-2]-04-000-0021
QTTIT n A 1M OFFO
7H S(3prEal~
THIS QUIT CLAIM DEED made this ZtJ day of..Attgtlsf, 2005 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 "Grantee"). "Grantor" and "Grantee" are used for singular or plural, 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 ALM BEACH, State of Florida, to-wit:
Lot 2 less the North 10 Feet of Right of Way 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.
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.
IN WITNESS WHEREOF, Grantor hereunto sets Grantor's hand and seal the day and
year first above written.
Iof2
Signed, sealed, and delivered
in the presence of:
~~~
WItness
0<:l.fl"", "'- :'0.. ~ tire;....
(Print Name) .
C~'~' it~_",
- --r/ircc-wd,/~ H4-//Pi)
(Print Name)
CITY OF BOYNTON BEACH, a Florida
municipal corporation
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Bfj J E.t. '1 T. (.. Lo (L
TItle: }vl f!r--I 0 ~
STATE OF FLORIDA )
COUNTY OF PALM BEACH )
s'efffno'f,(r'l
The foregoing instrument was acknowledged before me this i!;(JC day of Itttgust, 2005 by
JfIlfl-iri 7/<", / tu ,as /IJ ':1c o Ii' of the City of Boynton
Beach, Fl . da w~ is personally known to m or has produced a Florida Driver's License as
identification.
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NOTARY PUBLIC
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tIr ~ "'~;1;~ CO~ssion # DD125274
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20f2
CITY CLERK'S OFFICE
MEMORANDUM
TO:
Quintas Greene
Administrative Secretary
FROM:
Janet M. Prainito
City Clerk
DATE:
September 15, 2005
RE:
Resolution No. R05-137 - Warranty Deed, Quit Claim Deed and
Agreement to Exchange Real Property between the Deliverance by Faith
Church, Inc., and the City of Boynton Beach.
Attached for your information and processing are two partially executed Warranty
Deeds, Quit Claim Deeds and Agreements to Exchange Real Property that were
approved by the City Commission at their regular meeting on August 16, 2005. Please
secure the appropriate signatures and return an original of all three documents to the
City Clerk's Office for recording.
A copy of Resolution No. R05-137 is also attached.
Attachments
S;\CC\WP\AFTER COMMISSION\Departmental Transmittals\2005\Debbie Reamsnyder - Lease Agreement _ coc _ 05~03-05.doc
This Instrument Prepared by and Return to:
Donald J, Doody, Esquire
GOREN, CHEROF, DOODY & EZROL, PA
3099 E. Commercial Boulevard, Suite 200
Fort Lauderdale, Florida 33308
PIN: 08-43-45-21-04-000-0021
QI JIT n ,A 1M ORFO
THIS QUIT CLAIM DEED made this _ day of August, 2005 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.K.J. Boulevard, Boynton Beach, Florida 33435 (hereinafter
referred to as "Grantee"). "Grantor" and "Grantee" are used for singular or plural, as context requires.
WITNESSETH:
The said Grantor, for and in consideration of the sum ofTEN ($10.00) DOLLARS in
hand paid by the said Grantee, the receipt whereof is hereby acknowledged, does hereby
remise, release, and quit-claim unto the said Grantee forever, all the right, title, interest, claim
and demand which the said Grantor has in and to the following described lot, piece or parcel
ofland, situate, lying and being in the County ofP ALM BEACH, State of Florida, to-wit:
Lot 2 less the North 10 Feet of Right of Way of ROBERT WELLS SUBDIVISION,
according to the plat thereof, as recorded in Plat Book 11, Page 66 of the Public
Records of Palm Beach County, Florida.
TO HAVE AND TO HOLD the same together with all and singular the
appurtenances thereunto belonging or in anyway appertaining, and all the estate, right, title,
interest, lien, equity, and claim whatsoever of the said Grantor, either in law or equity, to the
only proper use, benefit, and behalf of the said Grantee forever.
IN WITNESS WHEREOF, Grantor hereunto sets Grantor's hand and seal the day and
year first above written.
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Signed, sealed, and delivered
in the presence of:
jy,~,"~
WItness
01>..fl '" '" """ - - ~ <lIe..; .~
(Print Name)
~-""d" L__,
C<-_(,k>cwd;~ H,41'X'<~)
(Print Name)
CITY OF BOYNTON BEACH, a Florida
municipal corporation
J~W~
B(/ .J fj( '-1 T, .~ U) rL
TItle: (Vi Jti-/ () I?!.
STATE OF FLORIDA )
COUNTY OF PALM BEACH ) .
,S e/fi"t/o.'tl
The foregoing instrument was acknowledged before me this I~-U. day of Attgttst, 2005 by
.- f(l/f TA-,/"", ,as ftJ~4tJ'" of the City of Boynton
Beach, FI 'da w~ is personally known to ill or has produced a Florida Driver's License as
identification.
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NOTARY PUBLIC
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{::f"',i/"f:1CoIIm?ssion # DD125274
;,;;;.~i$" Expu-es July 19, 2006
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20f2
AGREEMENT TO EXCHANGE REAL PROPERTY
THIS AGREEMENT is made on August _' 2005 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 ofthe City)
Lot 2 less the North 10 feet Road of Way 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.
PARCEL B
(Property of the Church)
The East !I, of Lot 26 less the South 10 feet for a road right-ai-way, Block 1 of E.
ROBERTS ADDITION, according to the plat thereof, as recorded in Plat Book 1,
Page 123 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 in 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 of Survey.
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) Acceptability 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 oftitle 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 waiyed 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
2
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 govermnental 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 from public highways, streets, or roads and, to
the best knowledge and belief of the Church, there is no pending or threatened
govermnental 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:
(I) 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 govermnental 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 free 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 August _' 2005 (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.
3
(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
respectively.
, attorney's fees shall be paid by
(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.
(I) 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:
DELIVERANCE BY FAITH CHURCH
By:
Title:
Date executed:
4
ATTEST:
City Clerk
1-1:\2005\050285\05-07-19 Exchange of Real Property.doc
CITY OF BOYNTON BEACH
Date executed:
,
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GOREN, CHEROF, DOODY & EZROL, P.A.
ATTORNEYS AT LAW
SUITE 200
3099 EAST COMMERCIAL BOULEVARD
FORT LAUOERDALE, FLORIDA 33308
SAMUEL S. GOREN
JAMES A. CHEROF
DONALD J. DOODY
KERRY L. EZROl
MICHAEL D. CtRULLO, JR
TELEPHONE (954) 771-4500
FACSIMILE (954) 771-4923
JULIE F. KLAHR
DAVID N. TOLCES
RICHARD J. DeWITT, III
NOEMI LOPEZ
JAMILA ALEXANDER
STEVEN L. JOSIAS, OF COUNSEL
October 20, 2005
HAND DELIVERED
Ms. Janet M. Prainito
City Clerk of City of Boynton Beach
100 East Boynton Beach Boulevard
Boynton Beach, Florida 33435
Re: City of Boynton Beach Land Exchange with Deliverance by Faith Church /
Recorded Deeds
Dear Ms. Prainito:
In connection with the above referenced transaction, enclosed please find the original
Warranty Deed recorded in Official Records Book 19370, Page 1679; and original Quit-Claim
Deed recorded in Official Records Book 19370, Page 1681 both of the Public Records of
Palm Beach County, Florida, for your records.
Should you have any questions or need additional information, please do not hesitate
to contact us.
Ene.
CC: James Cherof, Esq.
H:\200S\OS028S\OS-IO-20 Ene WD & QCD City ofBB.doe
IN WITNESS WHEREOF, Grantor has hereunto set Grantor's hands the day and year
first above written.
Signed, sealed and delivered
in our presence:
DELIVERANCE BY FAITH CHURCH, INC., a
Florida not for profit corporation
)(fifro!~
By: Glenn Lyons, Presiden
~-el'-R (
&-tAJ't(l<':, ~l!E.J;f1,€
(pnnt or Type Name)
~;..~
(Print or Type Name)
STATE OF FLORIDA
COUNTY OF PALM BEACH
The foregoing instrument was acknowledged before me this ~ day Of~~
2005 by Glenn Lyons, as President of Deliverance by Faith Church, Inc., on behalf of
said corporation, who is personally known to me or has produced a Florida driver's license as
identification.
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0If\.! Expires December 2, 100I
~Jll~,.~ .
NOTARY PUBLIC
H:\2005\050285\05-07-25 Warranty Deed to BS from chwch.doc
1 IUIII 11111111 n 11111111.111I1111I1.11111 1111111I11111
This Instrument Prepared by and Return to:
Donald J. Doody, Esquire
GOREN, CHEROF, DOODY & EZROL, PA
3099 E. Commercial Boulevard, Suite 200
Fort Lauderdale, Florida 33308
CFN 20050634539
OR BK 19370 PG 1681
RECORDED 10/06/2005 15:27:42
Palm Beach County, FlDrida
AMT 10.00
Doc Stamp 0.70
SharDn R. Bock,CLERK & COMPTROLLER
Pgs 1681 - 1682; C2pgsl
PIN: 08-43-45-21-04-000-0021
OUlT CLAIM DEED
TillS QUIT CLAIM DEED. made this 20th day of September, 2005 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.K.J. Boulevard, Boynton Beach, Florida 33435 (hereinafter
referred to as "Grantee"). "Grantor" and "Granteell are used for singular or plural, 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 ALM BEACH, State of Florida, to-wit:
Lot 2 less the North 10 Feet of Right of Way 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.
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.
IN WITNESS WHEREOF, Grantor hereunto sets Grantor's hand and seal the day and
year first above written.
lof2
Signed, sealed, and delivered
in the presence of:
~.~U~
~L>'^...... _ ~arc::"-
(print Name)
~'r',f~. k~7
W~ / .<?
~/k~ild,.~ It t4-pft/,)
(Print Name)
CITY OF BOYNTON BEACH, a Florida
municipal corporation
J~~
TItle: 0 f{!.
STATE OF FLORIDA )
COUNTY OF PALM BEACH ) /
!!,etfent/llM
The foregoing instrument was acknowledged before me this 1SUi: day of Attgttst, 2005 by
::r etl.jl i; T ftl / LU ,as /1J ~ 0 Il of the City of Boynton
Beach, Fl . da w is personally known to m or has produced a Florida Driver's License as
identification.
~~J,.,. k.~
NOTARY PUBLIC
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~~'~l~l ExpIIes July 19, 2006
;'/o~'~\<3~"'" Bonded Thru
"'1111\\\\ Atlantic BondiDgco., Inc.
H:\20051050285'05-07-25 Quit..clairn Deed to church from BB.doc
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