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RESOLUTION NO. R15 -046
A RESOLUTION OF THE CITY OF BOYNTON BEACH,
FLORIDA, APPROVING AN AMENDMENT TO THE PURCHASE
AND DEVELOPMENT AGREEMENT WITH BOYNTON BEACH
FAITH -BASED COMMUNITY DEVELOPMENT CORPORATION
TO CHANGE TWO OF THE LOTS CONVEYED VIA
RESOLUTION 14 -107; AUTHORIZING THE MAYOR TO SIGN
THE AMENDMENT; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, in October, 2014, the City conveyed four (4) lots to the Boynton Beach
Faith -based Community Development Corporation to provide affordable homes for income
eligible first time homebuyers in the area designated as the "Model Block" for Heart of
Boynton Redevelopment Plan; and
WHEREAS, major infrastructure improvements to NW 11 Avenue are expected to
cause a delay in construction of up to one year which impedes the completion of two (2) of
the structures and therefor will not meet the national objective of providing housing as
prescribed by the U.S. Department of Housing and Urban Development; and
WHEREAS, staff is requesting the conveyance of two (2) alternate lots to the
Boynton Beach Faith -based Community Development Corporation in order to stay on their
construction schedule with two of the original lots being deeded back to the City; and
WHEREAS, the City Commission of the City of Boynton Beach upon
recommendation of staff, deems it to be in the best interest of the citizens of the City of
Boynton Beach to approve a First Amendment to the Purchase and Development Agreement
with the Boynton Beach Faith -Based Community Development Corporation.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
C: \Users\prainitoMppData \Local \Microsoft \Windows \Temporary Internet Files\ Content .IE5 \D5LHXT08\Amendment_to_ Purchase _and_Dev_Agmt_with_BBFBCDC.doc
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1 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as
2 being true and correct and are hereby made a specific part of this Resolution upon adoption
3 hereof.
4 Section 2. The City Commission of the City of Boynton Beach, Florida hereby
5 approves a First Amendment to the Purchase and Development Agreement with the Boynton
6 Beach Faith -Based Community Development Corporation, a copy of which is attached
7 hereto as Exhibit "A ".
8 Section 3. The Mayor is authorized to sign the First Amendment on behalf of the
9 City Commission.
10 Section 4. This Resolution shall become effective immediately upon passage.
11 PASSED AND ADOPTED this 5 day of May, 2015.
12
CITY OF BOYNTON BEACH, FLORIDA
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YES NO
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Mayor — Jerry Taylor
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Vice Mayor — Joe Casello
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Commissioner — David T. Merker
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Commissioner — Mack McCray
�L
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Commissioner — Michael M. Fitzpatrick
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VOTE
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ATTEST:
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J 'to, MMC
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ate Sea
Internet Files\ Content .IE5 \D5LHXTDB\Amendment_to_ Purchase _and_Dey_Agmt_with_BBFBCDC.doc
- CAAG
FIRST AMENDMENT to City of Boynton Beach and
Boynton Beach Faith -Based Community Development
Corporation
PURCHASE AND DEVELOPMENT AGREEMENT
The Purchase and Development Agreement made and entered into as of October 28,
2014, approved by City of Boynton Beach Resolution R14 -107, by and between THE CITY OF
BOYNTON BEACH, a political subdivision of the State of Florida, (hereinafter "SELLER ") and
BOYNTON BEACH FAITH -BASED COMMUNITY DEVELOPMENT CORPORATION (hereinafter
"PURCHASER "), having an address of 2191 N. Seacrest Blvd. , Boynton Beach, Florida, 33435, is to
amend the conveyance and legal descriptions of the properties as shown in Attachment "A ".
1. Two (2) of the lots located on N.W. 11 Avenue, property control numbers (PCN):
08- 43- 45- 21 -19- 000 -0150 and 08- 43- 45- 21 -24- 000 -0103, shall be deeded back to
the SELLER.
2. Two (2) additional lots located on N.W. 10 Avenue (W. Martin Luther King Jr.
Blvd.), property control numbers (PCN): 08- 43- 45- 21 -17- 003 -0010 and 08- 43- 45 -21-
17- 001 -0010, shall be conveyed to the PURCHASER.
SIGNATURES ON FOLLOWING PAGE
1
IN WITNESS WHEREOF, the Parties have executed this agreement as of the Effective date.
PURCHASER
Boynton Beach Faith-Based Community
Deve|o tCorporation
SIGNATURE
SELLER
City of Boynton Beach
'1qV .011^e
- Courtney Cai
PRINT NAME
President
PRINT NAME
Appruup astolormy and legal sufficiency:
Gerald Tayl
PRINT NAME
Ma
TITLE
DATE
WITNESS SIGNATURE 7
PRINT NAME
CITY
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ADDRESS:
215 NW 10th AVENUE
BOYNTON BEACH, FL-33435
FLOOD ZONE "B"
COMMUNITY: CITY OF BOYNTON BEACH, FL
COMMUNITY PANEL NO.: 120196- 0004 -C
M R SE PTEMBER 30, 1982
NW 10th AVENUE
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In - 1ordanc• with Florida s,,tote, 860U,u :176.60,
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FOR THE BENEFIT OE_
CITY OF BOYNTON BEACH, FL
TT•,�IAY
BOUNDARY SURVEY :u• -
I HEREBY CERTIFY THAT THE SKETCH 5 IWNwN 1
DIRECTION, AND THAT SAID LUIS CCURATE AND
APPARENT GROUND ENCROACHMENTS, 1F
STANDARDS SET FORTH BY THE FLORID
FLORIDA STATUTES AND CHAPTER 6101 8' - FL
DATE:
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MY KNOWLEDGE AND BELIEF. THERE ARE NO
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V REGISTERED SURVEYOR NO. - ✓
PROPERTY SHOWN HEREON HAS NOT BEEN ABSTRACTED BY SURVEYOR FOR RIGHTS -OF -WAY, AND /OR EASEMENTS OF RECOfm: ELEYA-
VONS SHOWN HEREON ARE BASED ON N.G.V. DATUM UNLESS OTHERWISE NOTED: ALL PROPERTY CORNERS ARE IRON ROD BTTN CAPS,
UNLESS OTHERWISE NOTED: FOUNDATION OF EXISTING BUILDINGS LYING BELOW SURFACE NOT LOCATED, BEARINGS.AND /OR ANGLES
SHOWN HEREON ARE BASED ON RECORD PLAT OR DEED CALLS UNLESS OTHERWISE NOTED. MEASUREMCNTS-44ADE IN ACCORDANCE
WITH UNITED STATES STANDARD. UNLESS R BEARS THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LIMMSED SURVEYOR
AND MAPPER THIS DRAWING OR SKETCH IS FOR INFORMA71ONAL PURPOSES ONLY AND IS NOT VALID.
COPYRIGHT® 2006 BY RICH4RD L SHEPHAW 3 ASSOCIATES, INC. - ALL RIGHTS RESERVED
LB 2102 Joe Tucker LOT 1 BLOCK 1
ISHEPHARD Apm-.Ns POINCIANA HEIGHTS
PLAT BOOK 26 PAGE 183
RICHARD dAssoet otes PALM BEACH COUNTY, FLORIDA
SCALE: 1" = 20 BY: H. M8_HOMME I DRAWING N0.
219 S.E 23RD AVENUE Born 561 391 -4388
P.O. Box 70 Boynton 6111 737 -6545 DATE: 7 FB: M772 PG: 12 N06 -07 -069
BDYNTON 8EA01, FLORIDA 33435 FAX (MI) 734 -75M
ADDRESS:
1ST. STREET
FOR THE BENEFI OF: 1100 N.W.
BOYNTON BEACH, FL. 33435
CITY OF BOYNTON BEACH, A FLORIDA MUNICIPAL CORPORATION FLOOD ZONE : C
GOREN, CHEROF, DOODY & EZROL, P. A. COMMUNITY: CITY OF BOYNTON BEACH, FL.
CHICAGO TITLE INSURANCE COMPANY COMMUNITY PANEL NO.: 120196 D004 C
MAP REVISED: SEPT. 30, 1982
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I HEREBY CERTIFY THAT THE SKETCH SHOWN HEREON IS A TRUE AND CORRECT REPRESENTATION OF A ;SURVEY MADE UNDER MY
-
DIRECTION, AND THAT SAID SURVEY IS ACCURATE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF. THERE ARE NO
APPARENT MOUND ENCROACHMENTS, UNLESS OTHERWISE SHOWN AND THAT THE SURVEY MEETS THE MINIMUM TECHNICAL
. �, z , Q•
STANDARDS SET FORTH BY THE FLORIDA BOARD OF PROFESSIONAL SURVEYORS AND MAPPERS, PURSUANT TO SECTION 472.027,
FLORIDA STATUTES AND CHAFFER 61017 -6 OF THE FLORIDA ADMINISTRATIVE OE.
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DALE: -' --
N.W, 10TH AVENUE
REGISTERED suRVEYOO NO.
(ML KING JR, BOULEVARD)
PROPERTY SHOWN HEREON HAS NOT BEEN ABSTRACTED BY SU FOR RIGHTS -OF- WAY, AND /OR EASETFNTS ELEVA-
TIONS SHOWN HEREON ARE BASED ON N.G.Y. DATUM UNLESS OTHERWISE NOTED; ALL PROPERTY CORNERS ARE IRON ROD WITH CAPS,
UNLESS OTHERWISE NOTED; FOUNDATION OF. EXISTING SULDDIGS LYING BELOW SURFACE NOT LOCATED, BEARINGS AND /OR ANGLES
SHOW HEREON ARE BASED ON RECORD PLAT OR DEED CULLS UNLESS OTHERWISE NCTED. MEASUREMENTS MADE IN ACCORDANCE
WITH UNITED STATES STANDARD. UNIISS IT BEARS THE SIGNATURE AND THE ORIGBUL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR
AND MAPPER TARS DRAWING OR SKETCH IS FOR INFORMATIONAL PURPOSES ONLY AND IS NOT VALID.
.. OOPYRW62007 Bt RCHNID L SIM RD & ASSOCKm% INC. - ALL RIGHTS RL&TWLD
ADDRESS:
1ST. STREET
FOR THE BENEFI OF: 1100 N.W.
BOYNTON BEACH, FL. 33435
CITY OF BOYNTON BEACH, A FLORIDA MUNICIPAL CORPORATION FLOOD ZONE : C
GOREN, CHEROF, DOODY & EZROL, P. A. COMMUNITY: CITY OF BOYNTON BEACH, FL.
CHICAGO TITLE INSURANCE COMPANY COMMUNITY PANEL NO.: 120196 D004 C
MAP REVISED: SEPT. 30, 1982
•Y
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RESOLUTION NO. R14 -107
A RESOLUTION OF THE CITY OF BOYNTON BEACH,
FLORIDA, APPROVING A PURCHASE AND DEVELOPMENT
AGREEMENT WITH THE BOYNTON BEACH FAITH -BASED
COMMUNITY DEVELOPMENT CORPORATION TO CONVEY
FOUR LOTS WITHIN THE HEART OF BOYNTON TO PROVIDE
AFFORDABLE HOMES FOR INCOME ELIGIBLE FIRST TIME
HOMEBUYERS; AUTHORIZING THE CITY MANAGER TO
SIGN THE PURCHASE AND DEVELOPMENT AGREEMENT;
AND PROVIDING AN EFFECTIVE DATE.
1
1
1
1
WHEREAS, the City of Boynton Beach has an inventory of buildable lots located
11
within the Heart of Boynton Redevelopment Area (HOB) that are available for the purpose
11
of providing affordable homes for income eligible first time homebuyers;; and
WHEREAS, the area designated as the Model Block is the main focus of attention in
the City's redevelopment efforts in this area and is currently undergoing major infrastructure i
11
improvements through an UrbanLift Grant recently acquired by Neighborhood Renaissance,
if
LLC; and
WHEREAS, staff would. like to convey title of four parcels to the Boynton Beach
Faith -Based Community Development Corporation and enter into an'agreement with them to
construct four new single family homes for families whose incomes are identifiable as low
or low - moderate; and
WHEREAS, the City Commission has determined that it is in the best interests of ;
the residents of the City to approve a Purchase and Development Agreement with the
Boynton Beach Faith -Based Community Development Corporation to convey title of four
0
parcels of land for the construction of four new single family homes for families whose
incomes are identifiable as low or low- moderate.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
tta p3enycbbl auto \Data\224tittme1215UISO\41SStReso - _Agreancnt_Nith BB Farth.Baud CDC. Purchase Dev doc
7 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as
I
being true and correct and are hereby made a specific part of this Resolution upon adoption i
1
1
1
1•
1
1
1
1
hereof.
Section 2. The City Commission does hereby approve and authorize the City
Manager to sign a Purchase and' Development Agreement with the Boynton Beach Faith -
Based Community Development Corporation to convey title of four parcels of land for the
construction of four new single family homes for families whose incomes are identifiable as
low or low - moderate, a copy of the Agreement is attached hereto as Exhibit "A ".
Section 3. This Resolution shall become effective immediately upon passage.
PASSED AND ADOPTED this 21 day of October, 2014.
CITY OF BOYNTON BEACH, FLORIDA
Vick Mayor — Joe Casello .
ATTEST:
M. Prainito, MMC
180\4195\Reso . Agreement a« h_BB faah•Basod CDC Purchase and Dee doc
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R14 -107
R RT 1 i �. •
This Purchase and Development Agreement (hereinafter "Agreement ") is made and
entered into as of the Effective Date (hereinafter defined), by and between THE CITY OF
BOYNTON BEACH, a political subdivision of the State of Florida, (hereinafter "SELLER ") and
BOYNTON BEACH FAITH -BASED COMMUNITY DEVELOPMENT CORPORATION (hereinafter
"PURCHASER "), having an address of 2191 N. Seacrest Blvd,, Boynton Beach, Florida, 33435.
In consideration of the mutual covenants and agreements herein set forth, the
Parties hereto agree as follows:
1. PURCHASE AND SALE /PROPERTY SELLER agrees to sell and convey to
PURCHASER and PURCHASER agrees to purchase and acquire from SELLER, on the terrrs and
conditions hereinafter set forth, the Property which consists of four (4) parcels located in
Palm Beach County, Florida (the "Property ") and more particularly described as follows:
See Attached Exhibit "A ".
2. PURCHASE PRICE AND PAYMENT, The Purchase Price to be paid for the
Property shall be Ten Dollars ($10.00), receipt of which is hereby acknowledged. The
parties agree that SELLER is conveying the Property to PURCHASER for the construction of
four single- family homes to be sold to families who earn below 120% of Median Household
Income for Palm Beach County. SELLER has complied with Section 163.380, Florida
Statutes, in proceeding with the sale of the Property to PURCHASER.
3. DEPOSIT Notapplicable.
4. EFFECTIVE DATE The date of this Agreement (the "Effective Date ") shall be
the date when the last one of the SELLER and PURCHASER has signed the Agreement.
5. CLOSING The purchase and sale transaction contemplated herein shall close
on or before October 31, 2014 (the "Closing "), unless extended by other provisions of this
Agreement or by written agreement, signed by both parties, extending the Closing.
6. TITLE TO BE CONVEYED At Closing, SELLER shall convey to PURCHASER, by
Warranty Deed complying with the requirements of the Title Commitment (hereinafter
defined), valid, good, marketable and insurable title in fee simple to the Property, free and
clear of any and all liens, encumbrances, conditions, easements, assessments, restrictions
and other conditions except only the following (collectively, the "Permitted Exceptions "): (a)
general real estate taxes and special assessments for the year of Closing and subsequent
years not yet due and payable; (b) covenants, conditions, easements, dedications, rights -
of -way and matters of record included on the Title Commitment or shown on the Survey
(defined in.Section 7), to which PURCHASER fails to object, or which PURCHASER agrees to
accept, pursuantto Section 7.1 and Section 7.2 hereof.
1
7. INVESTIGATION OF THE PROPERTY During the term of this Agreement
( "Feasibility Period "), PURCHASER, and PURCHASER'S agents, employees, designees, Contractors,
surveyors, engineers, architects, attorneys and other consultants (collectively, "Agents "), shall
have the right, at PURCHASER'S expense, to make inquiries of, and meet with members of
Governmental Authorities regarding the Property and to enter upon the Property, at any time
and from time to time with reasonable notice to SELLER and so long as said investigations do
not result in a business interruption, to perform any and all physical tests, inspections, and
investigations of the Property, including but not limited to Phase I and Phase 11 investigations,
which PURCHASER may deem necessary. During this Feasibility Period, PURCHASER may elect,
in PURCHASER'S sole and absolute discretion, to terminate this contract. If PURCHASER elects
to terminate this Agreement in accordance with this Section, PURCHASER shall: (i) leave the
Property in substantially the condition existing on the Effective Date, subject to such
disturbance as was reasonably necessary or convenient in the testing and investigation of the
Property; (ii) to the extent practicable, shall repair and restore any damage caused to the
Property by PURCHASER'S testing and investigation; and (iii) release to SELLER, at no cost, all
reports and other work generated as a result of the PURCHASER'S testing and investigation.
PURCHASER hereby agrees to indemnify and hold SELLER harmless from and against all claims,
losses, expenses, demands and liabilities, including, but not limited to, attorney's fees, for
nonpayment for services rendered to PURCHASER (including, without limitation, any
construction liens resulting therefrom) or for damage to persons or property (subject to the
limitation on practicability provided above) arising out of PURCHASER'S investigation of the
Property. PURCHASER'S obligations under this Section shall survive the termination, expiration
or Closing of this Agreement. SELLER hereby agrees to Indemnify and hold PURCHASER harmless
from and against all claims, losses, expenses, demands and liabilities, including, but not limited
to, attorney's fees, for nonpayment for services• rendered to SELLER or for damage to persons
or property (subject to the limitation on practicability provided above) arising out of
PURCHASER'S investigation of the Property. SELLER'S obligations under this Section shall survive
the termination, expiration or Closing of this Agreement. However, SELLER'S indemnification
obligations shall not exceed the statutory limits provided within Section 768.28, Florida
Statutes, and SELLER does not otherwise waive its sovereign immunity rights.
7.1 Seller's Documents. SELLER shall deliver to PURCHASER the following
documents and instruments within five (5) days of the Effective Date of this Agreement: copies of
any reports or studies (including environmental, engineering, surveys, soil borings and other
physical reports) in SELLER'S possession or control with respect to the physical condition of the
Property, if any.
7.2 Title Review. Within ten (10) days of the Effective Date, PURCHASER shall
obtain, at the PURCHASER'S expense, from a Title Company chosen by PURCHASER (hereinafter
"Title Company "), a Title Commitment covering the Property and proposing to insure PURCHASER
in the amount of the Purchase Price subject only to the Permitted Exceptions, together with
complete and legible copies of all instruments identified as conditions or exceptions in Schedule B
of the Title Commitment. SEU.BR shall examine the Title Commitment and deliver written notice to
PURCHASER no later than twenty (20) days after the Effective Date notifying SELLER of any
objections PURCHASER has to the condition of title (hereinafter "PURCHASER'S Title Objections ").
2
If PURCHASER fails to deliver PURCHASER'S Title Objections to SELLER within the aforesaid
review period, title shall be deemed accepted subject to the conditions set forth in the Title
Commitment. If PURCHASER timely delivers the PURCHASER'S Title Objections, then SELLER shall
have thirty (30) days to diligently and in good faith undertake all necessary activities to cure
and remove the PURCHASER'S Title Objections (hereinafter "Cure Period "). In the event that
SELLER is unable to cure and remove, or cause to be cured and removed, the PURCHASER'S
Title Objections within the Cure Period to the satisfaction of PURCHASER, then PURCHASER, in
PURCHASER'S sole and absolute discretion, shall have the option of (i) extending the Cure
Period and the Closing for one additional thirty (30) day period, or (ii) accepting the Title to the
Property as of the time of Closing or (iii) canceling and terminating this Agreement, in which
case, the Deposit shall be returned to PURCHASER and the Parties shall have no further
obligations or liability hereunder, except for those expressly provided herein to survive
termination ofthis Agreement.
Prior to the Closing, PURCHASER shall have the right to cause the Title
Company to issue an updated Title Commitment ( "Title Update ") covering the Property. Ifany
Title Update contains any conditions which did not appear in the Title Commitment, and
such items render title unmarketable, PURCHASER shall have the right to object to such
new or different conditions in writing prior to Closing. All rights and objections of the
Parties with respect to objections arising from the Title Update shall be the same as
objections to items appearing in the Title Commitment, subject to the provisions of this
Section.
7.3 Survey Review PURCHASER, at PURCHASER'S expense, may obtain a
current boundary survey (the 'Survey ") of the Property, indicating the number of acres
comprising the Property to the nearest 1/100 of an acre. IftheSurvey discloses encroachments
on the .Property or that improvements located thereon encroach on setback lines,
easements, lands of others or violate any restrictions, covenants of this Agreement, or
applicable governmental regulations, the same shall constitute a title defect and shall be
governed by the provisions of Section 7.2 concerning title objections.
8. CONDITIONS TO CLOSING PURCHASER shall not be obligated to close on the
purchase of the Property unless each of the following conditions (collectively, the
"Conditions to Closing ") areeither fulfilled orwaived by PURCHASER in writing:
8.1 Representations and Warranties All of the representations and
warranties of SELLER contained in this Agreement shall be true and correct as of Closing.
8.2 Condition of Property The physical condition of the Property shall be the
same on the date of Closing as on the Effective Date, reasonable wear and tear excepted.
8.3 Pending Proceedings At Closing, there shall be no litigation or
administrative agency or other governmental proceeding of any kind whatsoever, pending
or threatened, which has not been disclosed, priorto,closing, and accepted by PURCHASER.
3
8.4 Compliance with Laws and Regulations The Property shall be in
compliance with all applicable federal, state and local laws, ordinances, rules, regulations, codes,
requirements, licenses, permits and authorizations as of the date of Closing.
9. CLOSING DOCUMENTS The SELLER shall prepare, or cause to be prepared, the
Closing Documents set forth in this Section, except for documents prepared by the Title
Company. At Closing, SELLER shall execute and deliver, or cause to be executed and delivered to
PURCHASER the following documents and instruments:
9.1 Deed A Warranty Deed (the "Deed") conveying to PURCHASER valid,
good, marketable and insurable fee simple title to the Property free and clear of all liens,
encumbrances and other conditions of title other than the Permitted Exceptions.
9.2 Seller's Affidavits SELLER shall furnish to PURCHASER an owner's affidavit
attesting that, to the best of its knowledge, no individual or entity has any claim against the
Property under the applicable construction lien law;. and that there are no parties in
possession of the Property other than SELLER. SELLER shall also furnish to PURCHASER a non -
foreign affidavit with respect to the Property. In the event SELLER is unable to deliver its
affidavits referenced above, the same shall be deemed an uncured title objection.
9.3 Closing Statement A closing statement setting forth the Purchase Price,
all credits, adjustments and prorations between PURCHASER and SELLER, all costs and expenses
to be paid at Closing, and the net proceeds due SELLER, which SELLER shall also execute and
deliver at Closing.
9.4 Connective Documents Documentation required to clear title to the
Property of all liens, encumbrances and exceptions, if any, other than Permitted Exceptions.
9.5 Additional Documents Such other documents as PURCHASER or the Title
Company may reasonably request that SELLER execute _and deliver, and any other documents
required by this Agreement or reasonably necessary in order to close this transaction and
effectuate the terms of this Agreement.
10, PRORATIONS CLOSING COSTS AND CLOSING PROCEDURES.
10. 1 Prorations Taxes for the Property shall be prorated through the day
before Closing. Cash at Closing shall be increased or decreased as may be required by
prorations to be made through the day prior to Closing. Taxes shall be prorated based upon
the current year's tax with due allowance made for maximum allowable discount. If Closing
occurs at a date when the current year's millage is not fixed and current year's assessment is
available, taxes will be prorated based upon such assessment and prior year's millage. If
current year's assessment is not available, then taxes will be prorated on prior year's tax. A tax
proration based on an estimate shall, at request of either party, be readjusted upon receipt of tax
bill.
4
10.2 Closing Costs SELLER shall pay for documentary stamps on the deed,
recording the deed and all general closing expenses (settlement fee, courier fees, overnight
packages, etc.).
10.3 Closing Procedure PURCHASER shall fund the Purchase Price subject to
the credits, offsets and prorations set forth herein. SELLER and PURCHASER (as applicable) shall
execute and deliver to Closing Agent the Closing Documents. The Closing Agent shall, at Closing:
(1) disburse the sale proceeds to SELLER; (11) deliver the Closing Documents and a "marked -up"
Title Commitment to PURCHASER, and promptly thereafter, record the Deed and other
recordable Closing Documents in the appropriate public records.
10.4 Existing Mortgages and Other Liens. At Closing, SELLER shall obtain, or
cause to be obtained, satisfaction or release of record of all mortgages, liens and judgments
applicable to and encumbering the Property.
11, REPRESENTATIONS COVENANTS AND WARRANTIES
11.1 Seller's Representations and Warranties SELLER hereby represents,
covenants and warrants to PURCHASER, as of the Effective Date and as of the Closing Date, as
follows:
11.2 Authority The execution and delivery of this Agreement by SELLER and the
consummation by SELLER of the transaction contemplated by this Agreement are 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. The person executing this Agreement on behalf
of SELLER has been duly authorized to act on behalf of and to bind SELLER, and this
Agreement represents a valid and binding obligation of SELLER.
11.3 Title SELLER is and will be on the Closing Date, the owner of valid,
good, marketable and insurable fee simple title to the Property, free and clear of all liens,
encumbrances and restrictions of any kind, except the Permitted Exceptions (and
encumbrances of record which will be discharged at Closing).
12. DEFAULT.
12.1 Purchaser's Default In the event that this transaction fails to close due
to a wrongful refusal to close or default on the part of PURCHASER, subject to the provisions
of Paragraph 12.3 below, neither PURCHASER nor SELLER shall have any further obligation or
liabilities under this Agreement, except for those expressly provided to survive the termination
of this Agreement; provided, however, that PURCHASER shall also be responsible for the
removal of any liens assessed against the Property by persons claiming by, through or under
PURCHASER, but not otherwise.
12.2 Seller's Default In the event that SELLER shall fail to fully and timely
perform any of its obligations or covenants hereunder or If any of SELLER'S representations are
untrue or inaccurate, then, notwithstanding anything to the contrary contained in this
Agreement,
61
PURCHASER may, at its option: declare SELLER in default under this Agreement by notice
delivered to SELLER, in which event PURCHASER may terminate this Agreement and neither
Party shall have any further rights hereunder.
12.3 Notice of Default Prior to declaring a default and exercising the remedies
described herein, the non - defaulting Party shall issue a notice of default to the defaulting
Party describing the event or condition of default In sufficient detail to enable a reasonable
person to determine the action necessary to cure the default. The defaulting Party shall have
fifteen (15) days from delivery of the notice during which to cure the default provided,
however, that as to a failure to close, the cure period shall only be three (3) Business Days from
the delivery of notice. Both parties agree that if an extension is requested, such extension
shall not be unreasonably withheld. If the default has not been cured within the aforesaid
period, the non - defaulting Party may exercise the remedies described above.
12.4 Survival The provisions of this Section 12 shall survive the termination
of this Agreement.
13. NOTICES All notices required in this Agreement must be in writing and shall be
considered delivered when received by celified mail, return receipt requested, or
personal deliveryto the following addresses:
If to Seller: City of Boynton Beach
Attention: Octavia S. Sherrod
100 East Boynton Beach Blvd.
Boynton Beach, Florida 33435
With a copy to: City of Boynton Beach
Attn: lames Cherof, City Attorney
100 East Boynton Beach Blvd.
Boynton Beach, Florida 33435
If to Buyer: Boynton Beach Faith -Based CDC
Attention: Keturah Joseph
2191 N. Seacrest Blvd.
Boynton Beach, Florida 33435
14, BINDING OBLIGATION /ASSIGNMENT. The terms and conditions of this
Agreement are hereby made binding on, and shall inure to the benefit of, the successors and
permitted assigns of the Parties hereto. SELLER may not assign its interest in this Agreement
without the prior written consent of PURCHASER, which shall not be unreasonably withheld.
PURCHASER may not assign this Agreement to any other party without the prior written
approval of SELLER.
15, RISK OF LOSS In the event the condition of the Property, or any part thereof, is
materially altered by an act of God or other natural force beyond the control of SELLER,
11
PURCHASER may elect, as its sole option, to terminate this Agreement and the parties shall
have no further obligations under this agreement, or PURHCASER may accept the Property
without anyreduction inthe value ofthe Property.
16. BROKER FEES The Parties hereby confirm that neither of them has dealt with
any broker in connection with the transaction contemplated by this Agreement. Each Party
shall indemnify, defend and hold harmless the other Party from and against any and all claims,
losses, damages, costs or expenses (including, without limitation, attorney's fees) of any
kind or character arising out of or resulting from any agreement, arrangement or
understanding alleged to have been made by either Party or on its behalf with any broker or
finder in connection with this Agreement. However, SELLER'S indemnification obligations shall
not exceed the statutory limits provided within Section 768.28, Florida Statutes, and SELLER
does not otherwise waive its sovereign immunity rights. The provisions of this Section shall
survive Closing or termination of this Agreement.
17. ENVIRONMENTAL CONDITIONS. To the best of SELLER'S
knowledge, the Property and the use and operation thereof are in compliance with all
applicable county and governmental laws, ordinances, regulations, licenses, permits and
authorizations, including, without limitation, applicable zoning and environmental laws and
regulations.
18. DEVELOPMENT AND SALE OF THE PROPERTY SELLER and PURCHASER
acknowledge that the Property is being sold to PURCHASER for the sole purpose of developing,
marketing and selling four (4) single - family homes to families whose income does not exceed
120% of median household income for Palm Beach County as set by HUD.
18.1 Construction and Sale PURCHASER agrees to construct four (4) single
family homes pursuant to the construction schedule and requirements provided herein.
PURCHASER must construct all four homes concurrently (phasing is not permitted). Each
home may not exceed a sale price of that stated in the City's current Local Housing Assistance
Plan (LHAP) at time of closing. Each home must be sold to a first -time homebuyer and must be
occupied by the owner.
18.2 Construction Requirements The following amenities are required in each
home and must conform to or exceed City of Boynton Beach codes and regulations
unless otherwise specified:
a. Three (3) bedrooms with one master bedroom.
b. Two full bathrooms including one in the master bedroom.
C. The master bedroom must be a minimum of 13'x 14'
and must contain a walk -in closet.
d. Double kitchen sink with a minimum of 7" depth.
e. Interior and exterior light package featuring Energy Star fixtures.
7
f. Ceramic the in the entryway, living room, dining room, kitchen, hall
and bathrooms. Bedrooms may be ceramic tile, wood, bamboo or
carpet.
g. Appliances must be new and include: self - cleaning range, garbage
disposal, combination microwave range vent exhausted to the
exterior, dryer, Energy Star washer, Energy Star refrigerator with ice
maker, Energy Star dishwasher, Energy Star hot water heater (Geo-
Spring or equivalent), and t2: ceiling fans in all bedrooms and the
living room.
g. Water Sense toilets, 1.S GPM shower heads, .5 GPM bathroom
faucets, 1.5 GPM kitchen faucet.
i. The air conditioner shall be a variable speed 16 SEER or greater with a
programmable thermostat.
j. Wiring for: alarm, cable, internet and phone.
k. Window treatments must be mini blind or upgrade.
L Automated In- ground sprinkler system, including swale.
M. One -car garage or more.
n. Energy Star windows with accordion shutters (Dade County) and
Energy Star impact resistant doors.
o. Standing seam metal roof or Energy Star dimensional shingles.
P. Landscaping must exceed City of Boynton Beach Code requirements.
q, overall design of each home must confirm to the design
recommendation in the Heart of Boynton ( "HOB ") Community
Redevelopment Plan and the HOB Master Plan Schematic Designs.
18.3 Seller Design Approval. SELLER shall have the right to approve of the
design of each home and such approval shall be provided in writing to PURCHASER within
three (3) business days of receipt of final plans.
18.4 Development Timeline The following events must be documented in
writing and provided to the SELLER upon completion of each. Time is calculated from the
Effective Date.
a. Secure Construction Loan within three (3) months (copy of
funding commitment letter shall be provided to SELLER).
b. Completion of construction documents within three (3) months
(stamped plans shall be submitted to SELLER).
C. Permitting and installation of project marketing sign which is to
E
include SELLER'S logo and board member names and shall be pre -
approved by SELLER within four (4) months.
d. Executed agreement with General Contractor within two (2)
months (copy of executed agreement to be provided to SELLER).
e. Homes must be marketed within t h r e e (3) months (copies of
advertisements or other marketing materials to be provided to
SELLER).
f. Construction permit to be issued within four (4) months (copy of
permit to be provided to SELLER).
g. Groundbreaking ceremony to be coordinated with SELLER'S
Marketing within seven (6) months.
h. Commencement of construction within four (4) months
(photographs of site and /or written description of progress to be
provided to SELLER).
Qualification of Buyers within twelve (12) months (copy of
private mortgage funding commitment and documentation
proving buyers qualify to income limits as set above to be provided
to SELLER).
Certificate of Occupancy to be provided within nine (9) months.
k. Homes must be conveyed to buyers within nineteen (19) months
(copies of closing statement, proof of income qualification and
executed deeds to be provided to SELLER).
18.5 Reverter If the timeline outlined in Section 18.4 above is not strictly met,
and PURCHASER has not provided SELLER with a written notification as to the reason explaining
that circumstances not under the control of PURCHASER have prevented PURCHASER from
meeting the timeline, then the Property shall automatically revert back to the SELLER. SELLER
agrees to work reasonably with PURCHASER in working within the timeframes set forth above,
but PURCHASER and SELLER agree that time is of the essence. Furthermore, if each home is
not sold to income - qualified buyers as defined herein, the Property shall revert back to SELLER.
If Property reverts to SELLER, SELLER shall complete the construction of the homes and satisfy
any outstanding construction loans held by PURCHASER and shall reimburse PURCHASER from
the sale of the homes if there are sufficient funds.
19. MISCELLANEOUS
19.1 General This Agreement, and any amendment hereto, may be executed
in any number of counterparts, each of which shall be deemed to be an original and all of
which shall, together, constitute one and the same instrument. The section and paragraph
headings herein contained are for the purposes of identification only and shall not be considered
in construing this Agreement. Reference to a Section shall be deemed to be a reference to the
entire Section, unless otherwise specified. No modification or amendment of this Agreement
shall be of any force or effect, unless in writing executed by Parties. This Agreement sets forth
the entire agreement between the Parties 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. This Agreement shall be interpreted in
accordance with the laws of the State of Florida. The Parties hereby agree that jurisdiction of
any litigation brought arising out of this Agreement shall be in the Fifteenth Judicial Circuit In
and for Palm Beach County, Florida, or, should any cause of action be limited to federal
jurisdiction only, in the United States District Court for the Southern District Court of Florida.
19.2 Computation of Time Any reference herein to time periods which are
not measured in Business Days and which are less than six (6) days, shall exclude Saturdays,
Sundays and legal holidays in the computation thereof. Any time period provided for in this
Agreement which ends on a Saturday, Sunday or legal holiday shall extend to 5:00 p.m. on the
next full Business Day. Time is of the essence in the performance of all obligations under this
Agreement. Time periods commencing with the Effective Date shall not include the Effective
Date in the calculation thereof.
19.3 Waiver Neither the failure of a party to insist upon a strict
performance of any of the terms, provisions, covenants, agreements and conditions hereof, nor
the acceptance of any item by a party with knowledge of a breach of this Agreement by the
other party in the performance of their respective obligations hereunder, shall be deemed a
waiver of any rights or remedies that a party may have or a waiver of any subsequent breach
or default in any of such terms, provisions, covenants, agreements or conditions. This
paragraph shall survive termination of this Agreement and the Closing.
19.4 Construction of reement The Parties to this Agreement, through
counsel, have participated freely in the negotiation and preparation hereof. Neither this
Agreement nor any amendment hereto shall be more strictly construed against any'of the
Parties. As used in this Agreement, or any amendment hereto, the masculine shall include the
feminine, the singular shall Include the plural, and the plural shall include the singular, as the
context may require. Provisions of this Agreement that expressly provide that they survive the
Closing shall not merge into the Deed.
19.5 Severability If any provision of this Agreement or the application
thereof shall, for any reason and to any extent, be invalid or unenforceable, neither the
remainder of this Agreement nor the application of the provision to other persons, entities or
circumstances shall be affected thereby, but instead shall be enforced to the maximum extent
permitted by law. The provisions of this Section shall apply to any amendment of this
Agreement.
19.6 Handwritten Provisions. Handwritten provisions inserted in this
Agreement and initialed by City and SELLER shall control all printed provisions in conflict
therewith.
19.7 Waiver of Jury Trial As an Inducement to PURCHASER agreeing to enter
into this Agreement, PURCHASER and SELLER hereby waive trial by jury in any action or
proceeding brought by either party against the other party pertaining to any matter
whatsoever arisingout ofor inanywayconnected with this Agreement.
10
19.8 Attorney's Fees and Costs Should it be necessary to bring an action
to enforce any of the provisions of this Agreement, reasonable attorneys' fees and costs,
including those atthe appellate level, shall be awarded to the prevailing party.
19.9 Binding Authority. Each party hereby represents and warrants to the
other that each person executing this Agreement on behalf of the SELLER and PURCHASER has
full right and lawful authority to execute this Agreement and to bind and obligate the party
for whom or on whose behalf he or she is signing with respect to all provisions contained in this
Agreement.
19.10 Recording This Agreement may be recorded In the Public Records of
Palm Beach County, Florida.
19.11 Survival The covenants, warranties, representations, indemnities and
undertakings of SELLER set forth in this Agreement, shall survive the Closing, the delivery and
recording of the SELLER Property Deed and PURCHASER'S possession of the Property.
19.12 SELLER Attorney's Fees and Costs SELLER acknowledges and agrees
that SELLER shall be responsible for its own attorney's fees and all costs, if any, incurred by
SELLER in connection with the transaction contemplated by this Agreement.
SIGNATURES ON FOLLOWING PAGE
11
IN WITNESS WHEREOF, the Parties have executed this agreement as of the Effective date.
BUYER
Boynton Beach Faith -Based Community
Development Corporation
IGNATURE
Courtney Cain
PRINT NAME
SELLER
City of Boynton Beach
GNATURE
Gerald Taylor
PRINT NAME
President
TITLE
DATE la 2-� - 2JoNI
1 /C
WITNESS SIGNATURE
L.
PRINT NAME
Approved as to form and legal sufficiency:
CI ATTORNEY U.
Ma
TITLE
DATE
WITNESS SIGNATURE
P RINT NAME
12
Exhibit "A"
Legal Description
PCN: 08- 43- 45- 21 -25 -001 -0250
AND
PCN: 08-43-45-21-25-001-0240
AND
PCN: 08-43-45-21-19-000-0150
AND
PCN: 08- 43- 45 -21 -24 -000 -0103
13
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PROPERTY ADDRESS
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®OYNfGH OE4CK FL 33496
.Bo un dary Survey
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SURVEYOR KAS NDr ANTRACTED THIS SURVEY FOR EASEYEM
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SUriEY IS NOT VPI.1O WrRIDUT A RAISED SEAL.
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PROPERTY ADDRESS
147W. WSM URM M AL OLVA
60YWON BEAM FL 334M
si;
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VICiNM SKETM
NOT TO SCALE
Boundary Survey
for
My of Boynton Beach
WE $ & ANDW -WS AUE MON
PLAT BOOK 13. PAGE 45
0 20 40
SCALE, I- - EO'
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PLAT BOOK S. PAGE 3
LEGAL DESCWTION
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LESS THE NORTH 20 FEET THOW, Of WM. N! LANDON T'S
SUIDIVISIOR Af»!0 TO nE PUT THEREOF, AS
RFLb M N FLAT BOCK t PAGE 33 OF TW PL1Bt.IC
REDOFW OF PRIM BEACH OOLNTY. FLORIDA.
PCN 008- 43- 45 -0 -0- 000 -0"0
CERTIFICATION
T HERMY CERTIFY UAT I MADE THIS 6.RVEY AND
1=T TRLE CT TO TPA BEST OF MT
Bh
MOW A YO, BOYMdI FLORIDA
GATE OF F1111) &1RVEYJ 8W14
PROPERTY ADDRESS
116 ACM. ITTN AVE IL
BOYNTON BEACH, PL 33435
GATEWAY SLV6
BITE
MAW tLm
VICINMY SnTCH
NOT TO SCALE
/ D3,RK� U SOXOOI
Boundary Survey
for
City of Boynton Beach !
IBS & AWREWS ADDITICNV ! 0 20 40
PLAT BOOK 12. PAGE 4e
! SCALE. 1' - EO'
1
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$ � l VACANT w1
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PROPERTY ADDRESS
N.W. 11TH AVID"
80YNTON SCAM FL 33436
B' FLAT= ALLEY FOUND
PUT BOOK 9. PAGE 54 IRON R
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20.01'
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PtAT BOOK 0. PAGE 3
LEGAL C£SCAD'TICN PROVIDED BY CLIENT,
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LEGAL DESCRIPTION
SLRVEY IS NOT VALID WITHOUT A RAW SEAL.
LOT 1D. UM THE NORTH 20 PE7T AND LM THE
EAST 40 FEET THFREOF, OF 1E'E7OI A=CN TO
SEAR11155 ARE BASED ON TIE ASSLMWTION THAT THE
BO YNTCMV, ACCOMD TO THE PLAT P AN
OFl1TFJIL3E OF N.W. 11TH AVE SW19 5139 JB'19'E.
IEC01OS OF PALM BEACH COUNTY, PL30 &
ALL 1TL ARE IN AGCOROANCE WRH TK UNITED
PCN009-43- 454144-000 -0101
STATES STANDARD. L eW FEET.
PCNi08- 43- 45- E1'44-0O0-OiOD
ADDITIONS OR DELETXM TO SLRVEY NAPS OR REPORTS 0T
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