R21-157I
RESOLUTION NO. R21- 157
2 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA,
3 APPROVING AND AUTHORIZING THE MAYOR TO SIGN A PURCHASE
4 AND SALE AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH
5 AND LUTHERAN SERVICES FLORIDA, INC. FOR VACANT LOTS
6 LOCATED AT NE 9TH AVENUE AND NE 3RD STREET; AND
7 PROVIDING AN EFFECTIVE DATE.
8 WHEREAS, on 8/17/21, the City Commission received and reviewed supporting
9 documentation from Lutheran Services Florida, Inc. on how they would fund and construct a
10 new facility located at the northeast corner of NE 3rd Street and NE 9th Avenue; and
11 WHEREAS, the Property is being acquired by Lutheran Services Florida with the primary
12 intent of constructing a facility to provide childhood education to children who otherwise
13 might have been left behind via the head start and early head start program; and
14 WHEREAS, the City Commission of the City of Boynton Beach, Florida, upon the
15 recommendation of staff, deems it to be in the best interests of the City residents to approve
16 and authorize the Mayor to sign the Purchase and Sale Agreement between the City of Boynton
17 Beach and Lutheran Services Florida, Inc. for vacant lots located at NE 9th Avenue and NE 3rd
18 Street.
19 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF
20 BOYNTON BEACH, FLORIDA, THAT:
21 Section 1. Each Whereas clause set forth above is true and correct and
22 incorporated herein by this reference.
23 Section 2. The City Commission of the City of Boynton Beach, Florida does hereby
24 approve and authorize the Mayor to sign the Purchase and Sale Agreement between the City
S:\CA\RESO\Agreements\Purchase And Sale Agreement With Lutheran Services Florida - Reso.Docx
25 of Boynton Beach and Lutheran Services Florida, Inc. for vacant lots located at NE 9th Avenue
26 and NE 3rd Street. A copy of the Purchase and Sale Agreement is attached hereto as Exhibit
27 "A"
28 Section 3. That this Resolution shall become effective immediately upon passage.
29 PASSED AND ADOPTED this 16th day of November, 2021.
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45 ATTEST:
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49 Cr/stat Gibson, MMC
50 City Clerk
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53 (Corporate Seal)
CITY OF BOYNTON BEACH, FLORIDA
YES NO
Mayor — Steven B. Grant ✓
Vice Mayor — Woodrow L. Hay ,✓
Commissioner —Justin Katz L",
Commissioner — Christina L. Romelus
Commissioner — Ty Penserga ✓
VOTE
S:\CA\RESO\Agreements\Purchase And Sale Agreement With Lutheran Services Florida - Reso.Docx
REAL ESTATE PURCHASE AND SALE AGREEMENT
THIS REAL ESTATE PURCHASE AND SALE AGREEMENT ("Agreement") is
made and entered this Pk day ofFP2021 by and between the City of Boynton
Beach, a Florida municipal corporation (the "SELLER"), and Lutheran Services Florida, Inc., a
Florida not-for-profit corporation("PURCHASER").
WITNESSETH:
WHEREAS, SELLER is the fee simple owner of the vacant lots located at the northeast
corner of NE 9'h Avenue and NE 3`d Street in the City of Boynton Beach, County of Palm Beach, State of
Florida, more particularly described in Exhibit "A" which is attached hereto (collectively the
"Property"); and
WHEREAS, the Property is being acquired with the primary intent of constructing a
facility to provide childhood education to children who otherwise might have been left behind
via the head start and early head start program ("Programs"); and
WHEREAS, the SELLER shall construct improvements on the Property as further set
forth in the Right to Repurchase Agreement, attached hereto and incorporated herein as Exhibit
"B"; and
WHEREAS, SELLER desires to sell to PURCHASER, and PURCHASER desires to
purchase from SELLER, the Property upon the terms and conditions herein below set forth.
NOW, THEREFORE, for and in consideration of the premises, the payment of Ten
Dollars and No Cents($10.00) in hand paid by PURCHASER to SELLER, the mutual covenants
and agreements herein set forth, and other good and valuable consideration, the receipt, adequacy
and sufficiency of which are hereby expressly acknowledged by the parties hereto, the parties
hereto do hereby covenant and agree as follows:
1. DEFINITIONS.
The following terms when used in this Agreement for Purchase and Sale shall have the following
meanings:
1.1 Property. The following real property: the vacant lots located at the northeast corner of NE
9th Avenue and NE 3`d Street in the City of Boynton Beach, County of Palm Beach, State of Florida (the
"Property"),more particularly described in Exhibit "A" attached hereto.
1.2 Closing Date. The Closing Date is the date on which the closing("Closing")shall occur and
shall be no later than ninety(90)calendar days from the Effective Date of this Agreement,and any extension
thereof as mutually approved by the parties.
1.3 Deed. A Special Warranty Deed,in its statutory form,which shall convey the Property from
SELLER to PURCHASER.
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1.4 Effective Date. The Effective Date of this Agreement shall be the date when the last one of
the Seller and Purchaser has signed the Agreement.
1.5 SELLER'S Address. Seller's mailing address is P.O. Box 310, Boynton Beach, FL 33425,
with copy to Goren, Cherof, Doody & Errol, P.A., Attn: Sean M. Swartz, Esq., at 3099 East Commercial
Boulevard,Suite 200,Ft.Lauderdale,Florida 33308.
1.6 PURCHASER'S Address. Purchaser's mailing address is 3627 West Waters Avenue,
Tampa,Florida 33614.
1.7. Other Definitions. The terms defined in any part of this Agreement shall have the defined
meaning wherever capitalized herein. Wherever appropriate in this Agreement,the singular shall be deemed
to refer to the plural and the plural to the singular, and pronouns of each gender shall be deemed to
comprehend either or both of the other genders. As used in this Agreement,the terms"herein","hereof' and
the like refer to this Agreement in its entirety and not to any specific section or subsection.
2. PURCHASE PRICE.
2.1 Subject to the provisions of this Agreement, the SELLER hereby agrees to sell to
PURCHASER, and PURCHASER hereby agrees to purchase from SELLER, the Property for TEN AND
00/100 DOLLARS($10.00)upon and subject to the terms and conditions hereinafter set forth.
2.2 The Purchase includes:
(b) All right of ways,alleys,waters,privileges,easements and appurtenances which are
on or benefit all the Property;
(c) All right, title and interest, if any, of SELLER in any Land lying in the bed of any
public or private street or highway,opened or proposed, in front any of the adjoining Property to the
center line thereof. The sale also includes any right of SELLER to any unpaid award to which
SELLER may be entitled: (1) due to taking by condemnation of any right, title or interest of
SELLER and (2) for any damage to the Property due to change of grade of any street or highway.
SELLER will deliver to PURCHASER at closing, or thereafter on demand, proper instruments for
the conveyance of title and the assignment and collection of award and damages;
(d) To the extent transferable, all licenses, permits, contracts and leases, if applicable,
with respect to the property.
3. INSPECTIONS.
3.1 PURCHASER shall have thirty (30) calendar days from the Effective Date to perform
inspections of the Property as the PURCHASER deems necessary ("Inspection Period"). Within ten (10)
calendar days following the Effective Date of the Agreement, Seller shall provide Buyer with access to the
following:(1)Documentation in Seller's possession relating to title and survey of the Property and(2)Copies
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of any environmental reports and topography,geotechnical and other studies that were previously performed
for or upon the Property in Seller's possession.
3.2 During the Inspection Period, PURCHASER shall, at its sole cost and expense, determine
that utility services including,water,waste water,electric,telephone and all other utilities are available in the
proper size and capacity to serve the existing facilities and installed to the property lines. At all times during
the Inspection Period, PURCHASER and its agents shall be provided with reasonable access during normal
business hours to the Property for purposes of on-site inspection, upon reasonable prior notice to SELLER.
The scope of the inspection contemplated herein shall be determined by the PURCHASER as deemed
appropriate under the circumstances provided however, no invasive environmental tests, surveys, audits or
inspections may be performed by PURCHASER unless SELLER has provided its written consent thereto,
which consent will not be unreasonably withheld, delayed or conditioned. PURCHASER shall promptly
repair and restore any damage to the Property caused by, and will not allow any lien or claim of lien to be
recorded as a result of PURCHASER'S inspections. PURCHASER also agrees to indemnify and hold
SELLER harmless from any losses, claims,costs, and expenses, including reasonable attorney's fees,which
may result from or be connected with any acts or omissions of PURCHASER and/or its contractors and
consultants_during inspections that are done pursuant hereto which obligation shall survive termination of,or
Closing under this Agreement. Any contractors or consultants engaged by PURCHASER to perform such
inspections shall be licensed by the State of Florida and,prior to entering the Property,shall provide SELLER
with evidence of insurance coverage in an amount and with a company reasonably satisfactory to SELLER.
3.3 During the Inspection Period, the PURCHASER, at its sole discretion, shall be entitled to
terminate this Agreement for any reason. PURCHASER will provide written notice by mail or facsimile to
SELLER and/or SELLER's counsel, which notice must be received prior to the expiration of the Inspection
Period.
3.4 If during the Inspection Period PURCHASER delivers written notice to SELLER of
PURCHASER'S determination that the Property is satisfactory and is approved by PURCHASER or if
PURCHASER fails to timely deliver to SELLER any written notice exercising the termination right
granted to PURCHASER, then this Agreement shall remain in full force and effect, and the parties shall
proceed to closing.
4. SELLER'S REPRESENTATIONS.
4.1 To induce PURCHASER to enter into this Agreement, SELLER makes the following
representations, all of which, to the best of SELLER'S knowledge, in all material respects and except as
otherwise provided in this Agreement (i) are now true, and (ii) shall be true as of the date of the Closing
unless SELLER receives information to the contrary, in which case SELLER shall immediately provide
PURCHASER notice of such contrary information and upon receipt PURCHASER may, in its sole
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discretion,deem such contrary information material and terminate this Agreement, and(iii) shall survive the
Closing:
4.2 At all times from the Effective Date until the Closing on the Property, SELLER shall keep
the Property free and clear of all liens, encumbrances and/or clouds upon title, including without limitation,
liens related to service,labor and/or materials furnished to,or for the benefit of,the Property, lis pendens,tax
liens,permit violations,code violations,or ordinance violations.
4.3 SELLER has no actual knowledge nor has SELLER received any notice of any litigation,
claim, action or proceeding, actual or threatened, against SELLER or the Property by any organization,
person, individual or governmental agency which would affect (as to any threatened litigation, claim, action
or proceeding,in a materially adverse fashion)the use,occupancy or value of the Property or any part thereof
or which would otherwise relate to the Land.
4.4 SELLER has full power and authority to enter into this Agreement and to assume and
perform its obligations hereunder in this Agreement. No action by any federal, state or municipal or other
governmental department,commission,board,bureau or instrumentality is necessary to make this Agreement
a valid instrument binding upon the SELLER in accordance with its terms.The execution and delivery of this
Agreement and the consummation of the transaction contemplated hereunder on the part of the SELLER do
not and will not violate any public or corporate obligations of the SELLER and will not conflict with or result
in the breach of any condition or provision, or constitute a default under, or result in the creation or
imposition of any lien, charge or encumbrance upon any of the terms of any contract, mortgage, lien, lease,
agreement, indenture, instrument or judgment to which the SELLER is a party nor will create a lien or
encumbrance upon the Property or assets of the SELLER.
4.5 SELLER represents that SELLER will not, between the date of this Agreement and the
Closing,without PURCHASER'S prior written consent,which consent shall not be unreasonably withheld or
delayed,except in the ordinary course of business,create any encumbrances on the Property. For purposes of
this provision the term "encumbrances" shall mean any liens, claims, options, or other encumbrances,
encroachments,rights-of-way,leases,easements,covenants,conditions or restrictions.
4.6 SELLER represents that there are no parties other than SELLER in possession of the
Property or any portion of the Property as a lessee.
4.7 SELLER shall not list or offer the Property for sale or solicit or negotiate offers to purchase
the Property while this Agreement is in effect. SELLER shall use its best efforts to maintain the Property in
its present condition so as to ensure that it shall remain substantially in the same condition from the Effective
Date to the Closing Date.
4.8 REAL PROPERTY SOLD AS IS,WHERE IS,RELEASE: SELLER makes and shall make
no warranty regarding the title to the Property except as to any warranties which will be contained in the
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instruments to be delivered by SELLER at Closing in accordance with this Agreement. SELLER makes and
shall make no representation or warranty either expressed or implied (except as specifically set forth in the
Agreement) regarding condition, operability, safety, fitness for intended purpose, use, governmental
requirements, development potential, utility availability, legal access, economic feasibility or any other
matters whatsoever with respect to the Property. The PURCHASER specifically acknowledges and agrees
that SELLER shall sell and PURCHASER shall purchase the Property on an "AS IS, WHERE IS, AND
WITH ALL FAULTS"basis and that, except for the SELLER'S representations and warranties specifically
set forth in this Agreement, PURCHASER is not relying on any representations or warranties of any kind
whatsoever, except as specifically set forth in this Agreement, express or implied, from SELLER its agents,
officers, or employees, as to any matters concerning the Property including, without limitation, any matters
relating to (1) the quality, nature, adequacy, or physical condition of the Property, (2) the quality nature,
adequacy or physical condition of soils, fill, geology, or any groundwater, (3)the existence, quality, nature,
adequacy or physical condition of utilities serving the Property, (4) the development potential, income
potential, expenses of the Property, (5) the Property's value, use, habitability, or merchantability, (6) the
fitness,suitability,or adequacy of the Property for any particular use or purpose,(7)the zoning or other legal
status of the Property, (8) the compliance of the Property or its operation with any applicable codes, laws,
rules, regulations, statutes, ordinances, covenants, judgments, orders, directives, decisions, guidelines,
conditions,or restrictions of any governmental or quasi-governmental entity or of any other person or entity,
including, without limitation, environmental person or entity, including without limitation, environmental
laws,(9)the presence of Hazardous Materials (as defined herein) or any other hazardous or toxic matter on,
under, or about the Property or adjoining or neighboring property, (10) the freedom of the Property from
latent or apparent vices or defects,(11)peaceable possession of the Property,(12)environmental matters of
any kind or nature whatsoever relating to the Property,(13)any development order or agreement,or(14)any
other matter or matters of any nature or kind whatsoever relating to the Property.
4.9 As used herein,the term "Hazardous Materials"means (i)those substances included within
the definitions of"hazardous substances", "hazardous materials", "toxic substances" or"solid waste" in the
Comprehensive Environmental Response, Compensation and Liability Act of 1980, 42 U.S.C. §960 et seq.,
the Resource Conservation and Recovery Act of 1976, 42 U.S.C. § 6901 et seq., the Hazardous Materials
Transportation Act,49 U.S. C. §1801 et seq., or the Clean Water Act,33 U.S.C. §1321 et seq., as amended,
and in the regulations promulgated pursuant thereto; (ii) those substances listed in the United States
Department of Transportation Table (49 CFR §172.101) or by the Environmental Protection Agency as
"hazardous substances", "hazardous materials", "toxic substances" or "solid waste", (iii) such other
substances, materials and wastes which are regulated, or classified as hazardous or toxic, under applicable
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local, state or federal laws, ordinances or regulations; and any material, waste or substance which is
petroleum,asbestos,polychlorinated,biphenyls,flammable explosives or radioactive materials.
5. EVIDENCE OF TITLE.
5.1 Title to the Property. SELLER shall convey to PURCHASER at Closing, by delivery of a
Special Warranty Deed,title to the subject Property.PURCHASER may secure a title insurance commitment
issued by a title insurance underwriter approved by PURCHASER, for the subject Property insuring
PURCHASER'S title to the Property. The costs and expenses relative to the issuance of a title commitment
and an owner's title policy shall be borne by the PURCHASER.
5.2 If PURCHASER so desires to obtain title insurance on the Property,the PURCHASER shall
have Ten (10) calendar days from the date of receiving said commitment to examine the title commitment
("Title Inspection Period"). If PURCHASER objects to any exception to title as shown in the title
commitment,PURCHASER shall,prior to the expiration of the Inspection Period,notify SELLER in writing
specifying the specific exception(s) to which it objects. Any objection(s) of which PURCHASER has so
notified SELLER, and which SELLER chooses to cure, shall be cured by SELLER so as to enable the
removal of said objection(s) from the title commitment within Ten (10) days after PURCHASER has
provided notice to SELLER. Within five (5) days after the expiration of SELLER'S time to cure any
objection,SELLER shall send to PURCHASER a notice in writing(a"cure notice")stating either(i)that the
objection has been cured and in such case enclosing evidence of such cure, or (ii) that SELLER is either
unable to cure or has chosen not to cure such objection. If SELLER shall be unable or unwilling to cure all
objections within the time period set forth in the preceding sentence,then PURCHASER may(a) terminate
this Agreement by written notice to the SELLER within five(5)days after receipt of a cure notice specifying
an uncured objection; or (b) subject to the provisions set forth below, proceed to close the transaction
contemplated herein despite the uncured objection.
5.3. Survey and Legal Description. SELLER shall not have any obligation to provide a survey.
PURCHASER shall have the obligation to obtain a survey prepared by a registered land surveyor or engineer
licensed in the State of Florida showing the boundaries of the land,and the location of any easements thereon
and certifying the number of acres(to the nearest one thousandth acre)of land contained in the Property, all
buildings,improvements and encroachments; and(ii) a correct legal description of the Property which, upon
approval thereof by PURCHASER and SELLER (not to be unreasonably withheld), shall be the legal
description used in the deed of conveyance. The survey and legal description shall be prepared and certified
by a surveyor licensed and registered in the State of Florida and shall comply with the requirements of the
survey map established in connection with the issuance of an owner's title insurance policy on the Land. The
survey shall be certified to PURCHASER and the title insurance company issuing the title insurance.
In the event the survey shows any material encroachments, strips, gores, or any portion of the land
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non-contiguous to any other portion of the Property or any other matter materially affecting the intended use
of the Property or marketability of title to the Property(any such matter is herein called a "survey objection"
and treated as a title defect),PURCHASER shall have a period of ten(10)days after receipt of the survey by
PURCHASER within which to approve or disapprove any survey objection and to give notice to SELLER of
any disapproval thereof indicating in reasonable detail the nature and reasons for PURCHASER'S objection.
PURCHASER agrees that it will not arbitrarily or unreasonably withhold its approval of any such survey
objection and that PURCHASER will attempt to approve any such survey objection which does not affect the
marketability of title or materially interfere with PURCHASER'S use of the Property. In the event
PURCHASER provides a notice of disapproval of a survey objection to SELLER,the rights and obligations
of the parties respecting such survey objections shall be governed by Section 5.2 hereof such that the parties
shall have the same rights and objections as though such survey objection objected to was a new exception to
title which was discovered and objected to within the contemplation of Section 5.2.
6. TRANSFER OF TITLE SUBJECT TO. Except as otherwise set forth, the Property shall be
conveyed subject only to those exceptions as set forth in paragraphs 2.2,5.1,and 5.3 and to:
(a) Water lines, sanitary sewer, drainage, gas distribution, electrical and telephone
easements of record provided that they are used to service the Property.
(b) Unpaid certified assessments payable after the date of the transfer of title.
(c) It shall be the sole and exclusive responsibility of the PURCHASER to relocate any
utilities and any such relocation costs and expenses shall be borne by the PURCHASER.
(d) PURCHASER shall, in the event of any relocation of the utilities, provide to the
CITY or appropriate service provider easements for the relocated utilities.
(e) SELLER'S Right to Repurchase the Property in the event PURCHASER shall fail
to construct the improvements as further described in Exhibit"B"by December 31,2023.
7. PURCHASER'S REPRESENTATIONS.
PURCHASER hereby represents and warrants to the best of its knowledge that all of the
following are true and correct:
7.1 PURCHASER has full power and authority to enter into this Agreement and to assume
and perform all of its obligations hereunder.
7.2 The execution and delivery of this Agreement and the consummation of the transaction
contemplated hereunder on the part of the PURCHASER do not and will not violate the corporate or
organizational documents of PURCHASER and will not conflict with or result in the breach of any
condition or provision, or constitute a default under, or result in the creation or imposition of any lien,
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charge or encumbrance upon any of the terms of any contract,mortgage,lien, lease,agreement, indenture,
instrument or judgment to which the PURCHASER is a party.
7.3 No action by any federal, state, municipal or other governmental department, commission,
board, bureau or instrumentality is necessary to make this Agreement a valid instrument binding upon
PURCHASER in accordance with its terms and conditions.
7.4 All of the representations, warranties and covenants of PURCHASER contained in this
Agreement or in any other document, delivered to SELLER in connection with the transaction
contemplated herein shall be true and correct in all material respects and not in default at the time of
Closing,just as though they were made at such time.
7.5 PURCHASER shall indemnify, hold harmless and defend SELLER, its officers,
directors, employees and agents against all claims, demands, losses, liabilities, costs and expenses,
including attorney's fees, imposed upon or accruing against SELLER as a result of the representations
contained in this paragraph.
8. CONDITIONS PRECEDENT TO CLOSING.
Each of the following events or occurrences("Conditions Precedents")shall be a condition precedent
to PURCHASER'S obligation to close this transaction:
(a) PURCHASER has completed its inspection of the Property,and performed all of its
obligations and conditions of this Agreement.
(b) Approval of this Agreement by the City of Boynton Beach City Commission.
9. CLOSING DOCUMENTS.
9.1 At Closing, SELLER shall deliver to PURCHASER a Special Warranty Deed,Bill of Sale,
if applicable,Non-Foreign Certification in accordance with Section 1445 of the Internal Revenue Code, 1099
Form, and any other documents as listed as title requirements in Schedule B-I of the Title Commitment to
assure the conveyance of good and marketable fee simple title of the Property to the PURCHASER.
9.2 Right to Repurchase Agreement. At Closing,PURCHASER and SELLER shall execute the
Right to Repurchase Agreement in the form attached as Exhibit"B".
10. CLOSING COSTS,TAXES AND PRORATIONS.
10.1 Ad Valorem Taxes. PURCHASER and SELLER shall comply with Section 196.295,
Florida Statutes, with respect to the payment of prorated ad valorem taxes for the year of closing into escrow
with the Palm Beach County Revenue Collector. In the event that, following the Closing,the actual amount
of assessed real property tax on the Property for the current year is higher than any estimate of such tax used
for purposes of the Closing, the parties shall re-prorate any amounts paid or credited based on such estimate
as if paid in November. This shall survive the Closing.
10.2 Seller's Closing Costs. SELLER shall pay for the following items prior to or at Closing:
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None.
10.3 Purchaser's Closing Costs. PURCHASER shall pay for the following items prior to or at
Closing:
(a)Documentary Stamps on the deed as provided under Chapter 201,Florida Statutes;
(b) Recording fees of the Special Warranty Deed, Right to Repurchase, and any other
instrument as required to be recorded in the Public Records;
(c)Cost of providing marketable title as provided herein;
(d)Cost of obtaining owner's title insurance policy;
(e)Tax and Lien Search;and
(f)Survey
11. CLOSING DATE AND PLACE.
The Closing will take place on or before the expiration of ninety (90) days following the Effective
Date,at a location designated by the SELLER.
12. TERMINATION AND DEFAULT.
12.1 Termination by Purchaser. In the event that any inspections as set forth in Section 3.
herein and any review of documents conducted by the PURCHASER relative to the Property during the
Inspection Period, prove unsatisfactory in any fashion, the PURCHASER, at its sole discretion, shall be
entitled to terminate this Agreement. PURCHASER will provide written notice of said termination by mail
or facsimile to SELLER no later than the date of expiration of the Inspection Period
12.2 If the PURCHASER shall fail or refuse to consummate the transaction in accordance with
the terms and provisions of this Agreement,all monies on deposit and interest earned on the deposit shall be
immediately forfeited to SELLER as agreed upon liquidated damages,and PURCHASER shall have no other
responsibility or liability of any kind to SELLER by virtue of such default. SELLER'S sole and entire
remedy shall be restricted to retention of the deposit plus all accrued interest. In the event of a default by
SELLER, PURCHASER shall be entitled to a return of the earnest money, and accrued interest as liquidated
damages as its sole and exclusive remedy.
13. RIGHT TO REPURCHASE. SELLER expressly reserves the right at its sole option and election,
to repurchase each of the individual lots identified in Exhibit "A" for the same Purchase Price as paid by
PURCHASER to SELLER hereunder, in the event the PURCHASER shall fail to construct and obtain
certificates of occupancy for the improvements as described in Exhibit "B"by December 31, 2023; subject,
however,to extensions for delays attributable to force majeure as hereinafter provided. Accordingly,prior to
closing,PURCHASER and SELLER shall enter into a separate Right to Repurchase Agreement for each lot
identified in Exhibit"B",which is to be recorded in the Public Records of Palm Beach County,Florida,and
provide for the ability of the SELLER to repurchase each individual lot for the same Purchase Price from the
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PURCHASER. Notwithstanding the provisions of the immediately preceding sentences, the dates provided
above may be extended on a day for day basis for delays occasioned by acts of God, catastrophe and
inclement weather which is in excess of those days normally forecasted by the National Weather Service for
the given month in South Florida which interfere with construction, unforeseen physical conditions on the
site, unavailability or shortages of material or labor, labor disputes, governmental approvals or restrictions
and any appeals thereof,claims or lawsuits by any third party(whether individual or otherwise)threatened or
instituted to prevent the issuance of any approvals or permits, the commencement of construction or
otherwise stop construction of the development after commencement,or other matters beyond the reasonable
control of PURCHASER (collectively "Force Majeure"). By the tenth (10) business day of each of month,
PURCHASER shall deliver or cause to be delivered to SELLER a list of the days during each proceeding
month as to which PURCHASER believes the Force Majeure provisions apply and the reasons therefore.
SELLER shall,within ten(10)business days after receipt of any such list provide notice to PURCHASER as
to whether SELLER disputes that any of the days set forth on that list would give rise to an extension of time
for PURCHASER's performance based on Force Majeure. Any days claimed to be subject to the foregoing
Force Majeure provision by PURCHASER which are not so disputed by SELLER within said time period
shall be deemed approved by SELLER. In the event of a dispute between SELLER and PURCHASER as to
whether there has been a commencement of construction as provided in this Section or whether a claim for
delay is valid or otherwise in connection with this Agreement and the transactions contemplated thereby shall
be endeavored to be resolved and settled by mediation using a mutually acceptable third-party mediator. Such
mediator shall be appointed upon the written demand of either party. Upon such appointment,the mediation
shall be held within fifteen (15) days at a mutually agreeable site in Palm Beach County, Florida. The fees
and expenses of such mediator shall be born equally by the parties hereto. In the event of the failure of the
parties to settle the dispute by mediation, either party may bring the dispute for legal redress before the City
Court in and for Palm Beach County,Florida.
14. BROKER. The parties each represent to the other that they have not dealt with any real
estate broker, real estate salesman or finder in conjunction with this transaction who is entitled to a fee or
brokerage commission in accordance with Florida law.
15. ENFORCEABILITY. If any provision in this Agreement shall be held to be excessively broad, it
shall be construed,by limiting and reducing it,to be enforceable to the extent compatible with applicable law.
If any provision in this Agreement shall, notwithstanding the preceding sentence, be held illegal or
unenforceable,such illegality or unenforceability shall not affect any other provision of this Agreement.
16. NOTICE.
All written notices shall be deemed effective if sent to the following places:
PURCHASER: Lutheran Services Florida,Inc.
100165209.1 306-9001821)
10
3627 West Waters Avenue
Tampa,Florida 33614
SELLER: City of Boynton Beach
P.O. Box 310
Boynton Beach,FL 33425
Attn: Lori LaVerriere,City Manager
With Copy to: Sean M.Swartz,Esq.
GOREN,CHEROF,DOODY&EZROL,P.A.
3099 East Commercial Boulevard,#200
Fort Lauderdale,Florida 33308
Tel:(954)771-4500
Fax:(954)771-4923
17. GOVERNING LAW & VENUE. This Agreement shall be governed by the laws of the State of
Florida. Each party agrees that the Circuit Court for the Fifteenth Judicial Circuit in and for Palm Beach
County shall be the exclusive jurisdiction and venue of any litigation or special proceeding to resolve any
dispute or claim arising from or related to or connected with this Agreement, including any claims based
upon equity, statute, common law or rule. The parties hereby waive any objection to such forum based
upon venue or forum non convenient grounds.
18. ENTIRE AGREEMENT. All prior understandings and agreements between SELLER and
PURCHASER are merged in this Agreement. This Agreement completely expresses their full agreement.
19. AMENDMENT. No modification or amendment of this Agreement shall be of any force or effect
unless in writing and executed by both SELLER and PURCHASER.
20. SUCCESSORS. This Agreement shall apply to and bind the executors, administrators, successors
and assigns of SELLER and PURCHASER. Any assignment of this Agreement must be approved by the
City of Boynton Beach City Commission.
21. COUNTERPARTS: This Agreement may be executed in two or more counterparts, each of
which shall be taken to be an original and all collectively deemed one instrument. The parties hereto agree
that a facsimile copy hereof and any signatures hereon shall be considered for all purposes as originals.
22. LITIGATION COSTS. In connection with any litigation arising out of this Agreement, the
prevailing party shall be entitled to recover from the non-prevailing party all costs and expenses incurred,
including its reasonable attorney's fees at all trial and appellate levels and post judgment proceedings.
23. WAIVER OF JURY TRIAL. Each party hereby knowingly,voluntarily and intentionally waives
any and all rights it may have to a trial by jury in respect of any dispute, litigation or court action(including,
but not limited to, any claims, crossclaims or third-party claims) arising from, growing out of,or related to
(00465209.1 306-90011121)
11
this Agreement. The parties acknowledge that this waiver is a significant consideration to, and a material
inducement for the parties to enter into this Agreement. Each party hereby certifies that no representative or
agent of the other party has represented, expressly or otherwise, that either party would not, in the event of
such litigation,seek to enforce this waiver of right to jury trial provision.
24. PRECEDENCE. In the event of conflict, handwritten provisions shall take precedence over
typewritten and printed provisions.Typewritten provisions shall take precedence over printed provisions.
25. DRAFTING. This Agreement has been negotiated and drafted mutually by the parties and shall be
construed and interpreted as if both parties drafted same so that neither party shall be entitled to the benefits
of any rules of construction,interpretation or enforcement against the drafters.
26. SUCCESSORS. This Agreement shall apply to and bind the distributors, executors,
administrators,successors and assigns of SELLER and PURCHASER.
[This Space is Intentionally Blank]
100465209.1 306-9001921)
12
IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates
indicated above:
ATTEST: CITY OF BOYNTON BEACH, a municipal
corp' • of e State o i lorida
/1
B � iY•
C stal Gibson, MMC,City Clerk teven Grant, 'or
Appro as t Fo 1 :
/ (SEAL) ��p1flK1'��
oms 4t
0- 'e of the t'ty Attorney ( a' 1920
/ORO°
STATE OF FLORIDA )
)ss:
COUNTY OF PALM BEACH )
The foregoing instrument was acknowledged before me this IC{ day of _
202);by Steven Grant, as Mayor of the City of Boynton Beach, for the City of Boynton Beach,
who (,/) are personally known to me or ( ) have produced Florida driver's licenses as
identification.
My Commission expires:3-a 6-c) ) Air i g / "�0 I AA
Notary Publi State of Flori 1
Ta my L. Stanzione
Printed Name of Notary Public
=o•OY i'144 TAMMY L STANZIONE
m,�aa * Commission#GG 306158
F o` Expires March 25,2023
�leof��P` Exits
00465209.1 306-9001921)
13
LUTHERAN SERVICES FLORIDA, INC.,
a Florida n �f�►r=p t rporation
By:• /��
Print Name: Robert Bialas
Title: EVP
(CORPORATE SEAL)
STATE OF FLORIDA )
COUNTY OF /-1,//55oroh
The foregoing instrument was acknowledged before me this 0/ day of Febr uar y ,
2021, by f?oberf ik.kc5 as E U P of Lutheran Services Florida, Inc., a
Florida not-for-profit corporation, who ( ) is personally known to me or ( ) has produced a
Florida driver's license as identification, on behalf of Lutheran Services Florida, Inc.
My commission Expires: 12//c/1 2.02 6y u-( ,
Notary Public, State of Florida
na.c-" r G'e rem
MAY CASTELIARPEREZ Printed Name of Notary Public
f• MY COMMISSION$NH 204171
i''•.,,vm.: EXPIRES:December 14.2424
(00465209.1 306-9001921)
14
EXHIBIT "A"
LEGAL DESCRIPTIONS
Parcel 1:
LOT 151, ARDEN PARK ADDITION TO BOYNTON, FLORIDA, ACCORDING
TO THE MAP OR PLAT THEREOF AS RECORDED IN PLAT BOOK 2, PAGE
96, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA.
LESS AND EXCEPT THAT PORTION OF LOT 151 DEDICATED IN OFFICIAL
RECORD BOOK 32295 AT PAGE 1417 OF THE PUBLIC RECORDS OF PALM
BEACH COUNTY, FLORIDA DESCRIBED BELOW:
BEGIN AT THE SOUTHEAST CORNER OF LOT 151 OF THE SAID PLAT OF
ARDEN PARK ADDITION TO BOYNTON FLA, THENCE RUN S89°54'02-W
ALONG THE NORTH RIGHT OF WAY LINE OF SPRUCE STREET, BEING A
40 FOOT WIDE RIGHT OF WAY PER SAID PLAT (ALSO KNOWN AS
NORTHEAST 9TH AVENUE), SAID LINE BEING THE BASIS OF BEARINGS,
FOR A DISTANCE OF 142.15 FEET TO A POINT ON THE CENTERLINE OF
THAT 10.20 FOOT WIDE ALLEY ABANDONED AS PER OFFICIAL RECORDS
BOOK 30227, PAGE 0308; THENCE RUN N07°53'34"E ALONG THE
CENTERLINE OF SAID ALLEY FOR A DISTANCE OF 10.10 FEET TO A
POINT; THENCE RUN N89°54'02"E, ALONG A LINE 10 FEET NORTH OF
AND PARALLEL TO THE NORTH RIGHT OF WAY LINE OF SPRUCE
STREET, BEING A 40 FOOT WIDE RIGHT OF WAY PER SAID PLAT (ALSO
KNOWN AS NORTHEAST 9TH AVENUE), FOR A DISTANCE OF 142.15 FEET
TO A POINT ON THE WEST RIGHT OF WAY LINE OF RAILROAD AVENUE,
BEING A 40 FOOT RIGHT OF WAY PER SAID PLAT; THENCE RUN
S07°53'34"W ALONG SAID WEST RIGHT OF WAY LINE OF RAILROAD
AVENUE FOR A DISTANCE OF 10.10 FEET TO THE POINT OF BEGINNING.
SAID LANDS LYING AND BEING IN PALM BEACH COUNTY, FLORIDA,
AND CONTAINING 0.033 ACRES, MORE OR LESS.
Folio No.: 08-43-45-21-18-000-1510
Parcel 2:
LOTS 154, 155, AND 156, ARDEN PARK ADDITION TO BOYNTON, FLA,
ACCORDING TO THE MAP OR PLAT THEREOF AS RECORDED IN PLAT
BOOK 2, PAGE 96, PUBLIC RECORDS OF PALM BEACH COUNTY,
FLORIDA.
LESS AND EXCEPT THAT PORTION OF LOT 156 DEDICATED IN OFFICIAL
RECORD BOOK 32295 AT PAGE 1417 OF THE PUBLIC RECORDS OF PALM
)00465209.1 306-9001821)
15
BEACH COUNTY, FLORIDA DESCRIBED BELOW:
BEGIN AT THE SOUTHWEST CORNER OF LOT 156 OF THE SAID PLAT OF
ARDEN PARK ADDITION TO BOYNTON FLA, THENCE RUN N00°36'53"E,
ALONG THE WEST LINE OF THAT PORTION OF AUSTRALIAN
BOULEVARD RIGHT OF WAY ABANDONED AS PER OFFICIAL RECORDS
BOOK 30698, PAGE 0774, FOR A DISTANCE OF 10.00 FEET TO A POINT;
THENCE RUN N89°54'02"E, ALONG A LINE 10 FEET NORTH OF AND
PARALLEL TO THE NORTH RIGHT OF WAY LINE OF SPRUCE STREET,
BEING A 40 FOOT WIDE RIGHT OF WAY PER SAID PLAT (ALSO KNOWN
AS NORTHEAST 9TH AVENUE), FOR A DISTANCE OF 156.43 FEET TO A
POINT ON THE CENTERLINE OF THAT 10.20 FOOT WIDE ALLEY
ABANDONED AS PER OFFICIAL RECORDS BOOK 30227, PAGE 0308;
THENCE RUN S07°53'34"W ALONG THE CENTERLINE OF SAID ALLEY,
FOR A DISTANCE OF 10.10 FEET TO A POINT ON THE NORTH RIGHT OF
WAY LINE OF SPRUCE STREET, BEING A 40 FOOT WIDE RIGHT OF WAY
PER SAID PLAT
(ALSO KNOWN AS NORTHEAST 9TH AVENUE); THENCE RUN S89°54'02"W
ALONG SAID NORTH RIGHT OF WAY LINE (SAID LINE BEING THE BASIS
OF BEARINGS} FOR A DISTANCE OF 155.15 FEET TO THE POINT OF
BEGINNING.
Folio No.: 08-43-45-21-18-000-1540
ADDING THOSE PORTIONS OF THE VACATED STREET AND ALLEYWAY
ACQUIRED BY LOTS 151, 154, 155,AND 156,AND AS DESCRIBED BELOW:
A PORTION OF AUSTRALIAN BOULEVARD RIGHT OF WAY (ALSO
KNOWN AS NORTHEAST 3RD STREET), OF THE PLAT OF ARDEN PARK
ADDITION TO BOYNTON FLA, AS RECORDED IN PLAT BOOK 02, PAGE 96,
OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA,
PURSUANT TO THE VACATION OF THE RIGHT OF WAY IN ORDINANCE
NO. 19-029 OF THE CITY OF BOYNTON BEACH, FLORIDA, MORE
PARTICULARLY DESCRIBED AS:
BEGIN AT THE SOUTHWEST CORNER OF LOT 156 OF THE SAID PLAT OF
ARDEN PARK ADDITION TO BOYNTON FLA, THENCE RUN N00°36'53"E A
DISTANCE OF 147.57 FEET, TO THE SOUTHWEST CORNER OF LOT 4 OF
THE PLAT OF ROBERT WELLS' SUBDIVISION, AS RECORDED IN PLAT
BOOK 11, PAGE 66;THENCE RUN ALONG THE SOUTH LINE OF SAID LOT 4
S90°00'00"E FOR A DISTANCE OF 18.87 FEET TO A POINT AT THE
INTERSECTION OF THE SAID SOUTH LINE OF LOT 4 AND THE EAST
RIGHT OF WAY LINE OF AUSTRALIAN BOULEVARD (ALSO KNOWN AS
NORTHEAST 3RD STREET); THENCE RUN ALONG THE SAID EASTERLY
RIGHT OF WAY LINE OF AUSTRALIAN BOULEVARD S07°53'54"W A
DISTANCE OF 148.98 FEET TO THE POINT OF BEGINNING;
100465209.1 306-90018211
16
SAID LANDS LYING AND BEING IN PALM BEACH COUNTY, FLORIDA,
AND CONTAINING 0.032 ACRES, MORE OR LESS
AND
THOSE PORTIONS ACQUIRED BY LOTS 151, 154, 155, AND 156 PURSUANT
TO THE VACATION OF THE ALLEYWAY IN ORDINANCE NO. 18-027 OF
THE CITY OF BOYNTON BEACH, FLORIDA, ALL LYING IN ARDEN PARK
ADDITION TO BOYNTON, FLORIDA ACCORDING TO THE MAP OR PLAT
THEREOF AS RECORDED IN PLAT BOOK 2, PAGE 96, PUBLIC RECORDS
OF PALM BEACH COUNTY, FLORIDA.
(00465209.1 306.9001821)
17
1111111 11111 11111 11111 11111 11111 11111111HW
C-F N 2u._u221:ii 999.5
O R BK 33363 P G 066F.
RECORDED 03/07/2(127 09:55:59
Palm Beach Counts/ Florida
EXHIBIT "B" Joseph AbruzzotClerk
Pss 0665 - 672; (8P95)
THIS INSTRUMENT PREPARED BY:
Sean M. Swartz,Esq.
Goren,Cherof,Doody&Ezrol PA
3099 E. Commercial Blvd.
Fort Lauderdale,FL 33308
CITY OF BOYNTON BEACH AND
LUTHERAN SERVICES FLORIDA,INC.
REPURCHASE AGREEMENT
THIS REPURCHASE AGREEMENT ("Agreement") is made this day of �� , 203,
by CITY OF BOYNTON BEACH, a Florida municipal corporation (hereafter the "Seller), and
LUTHERAN SERVICES FLORIDA, INC., a Florida not-for-profit corporation, (hereinafter the
"Purchaser").
WITNESSETH :
WHEREAS, Seller and Purchaser are parties to that certain Agreement for Purchase and Sale of Real
Property, dated N.e_n, \ , 202k(the "Contract"), pursuant to which Purchaser has agreed to
purchase from Seller, and Seller has agreed to sell to Purchaser, fee simple title to certain real property
located in located in the City of Boynton Beach,Palm Beach County, Florida,more particularly described
on Exhibit"Al"attached hereto(the"Property");
NOW, THEREFORE, in consideration of the foregoing and other valuable consideration, the
receipt and adequacy of which are hereby acknowledged, Purchaser and Seller agree and covenant as
follows:
1. Recitals. The foregoing recitals are true and correct and are incorporated herein by reference
2. Seller expressly reserves the right at its sole option and election, to repurchase the Property for the
same Purchase Price as paid by Purchaser to Seller hereunder, in the event the Purchaser shall fail to
complete procurement and construction of the Property and obtain a certificate of occupancy, pursuant to
the terms and conditions contained in this Agreement; subject, however, to extensions for delays
attributable to Force Majeure as defined herein below. '
3. Purchaser shall have until December 31, 2023 to obtain a certificate of occupancy for the
improvements to be constructed on the Property by the Purchaser, as identified in Exhibit "Bl" and as
approved by the Seller,attached hereto and incorporated herein(hereinafter the"Project").
4. The Seller shall have the right to review and approve the construction plans for the Project to be
constructed on the Property. Purchaser shall not commence construction of the Project until the Seller has
provided written approval of the plans. "Commence construction"shall mean the initiation and continuance
by Purchaser of site preparation work for the Project which shall include excavation, fencing of the site,
installation of the construction trailer,clearing and relocation of utilities on the Project.
5. In the event the Purchaser fails to obtain the certificate of occupancy as required by the terms and
provisions of this Agreement, then the Seller may elect to exercise its right to repurchase the Property by
providing written notice to the Purchaser of the failure, and an opportunity to cure said failure within thirty
i00465209 I 306-90015211
18
(30)calendar days of the written notice. The closing effectuating the repurchase shall occur within thirty(30)
calendar days of the date of the Purchaser's failure to cure and written notice to Purchaser of the Seller's
election to repurchase the Property. The re-conveyance shall be effectuated by a Special Warranty Deed
subject to good and marketable title. All costs associated with the reconveyance of the property to the Seller,
including, but not limited to, recording fees, documentary stamps, unpaid taxes, and assessments, both ad
valorem,and non-advalorem,shall be borne by the Purchaser. In the event the Purchaser fails to execute the
Special Warranty Deed to reconvey the Property to the Seller, the Seller shall have the right to pursue all
legal remedies,including specific performance. In the event the Seller must file suit to require the Purchaser
to reconvey the Property,the Purchaser shall pay all costs, expenses,reasonable attorney's fees and paralegal
expenses incurred by the Seller at both the trial and appellate levels.
6. Acknowledgments. Seller and Purchaser hereby,agree and acknowledge as follows:
(a) The date for issuance of the certificate of occupancy may be extended for delays occasioned by
acts of catastrophe which interfere with construction, unforeseen physical conditions on the site,
unavailability or shortages of material or labor, labor dispute,governmental approvals or restrictions and any
appeals thereof, claims or lawsuits by any third party (whether individual or otherwise) threatened or
instituted to prevent the issuance of any approvals or permits, the commencement of construction or
otherwise stop construction of the development after commencement,or other matters beyond the reasonable
control of Purchaser(collectively,"Force Majeure").
(b) By the tenth (10) business day of each month, Purchaser shall deliver, or cause to be delivered to
Seller a list of the days during each proceeding month as to which Purchaser believes the Force Majeure
provisions apply and the reasons therefore. Seller shall,within ten(10)business days after receipt of any such
list provide notice to Purchaser as to whether Seller disputes that any of the days set forth on that list would
give rise to an extension of time for Purchaser's performance based on Force Majeure. Any days claimed to
be subject to the foregoing Force Majeure provision by Purchaser which are not so disputed by Seller within
said time period shall be deemed approved by Seller.
(c) In the event of a dispute between SELLER and PURCHASER as to whether a claim for delay is
valid or otherwise in connection with this Agreement and the transactions contemplated thereby shall be
endeavored to be resolved and settled by mediation using a mutually acceptable third-party mediator. Such
mediator shall be appointed upon the written demand of either party. Upon such appointment,the mediation
shall be held within fifteen (15) days at a mutually agreeable site in Palm Beach County, Florida. The fees
and expenses of such mediator shall be born equally by the parties hereto. In the event of the failure of the
parties to settle the dispute by mediation,either party may bring the dispute for legal redress before the City
Court in and for Palm Beach County,Florida.
(d) Purchaser and Seller agree that Seller's right to repurchase the Property(the"Repurchase Right")
shall terminate upon the Seller's execution of a Termination of Repurchase Right. Upon the satisfaction
of the conditions set forth in Section 3 herein, Seller shall execute a Termination of Repurchase Right.
Upon execution of the Termination of Repurchase Right,this Agreement shall also terminate and be of no
further force and effect.
(e) For avoidance of doubt, Purchaser and Seller agree that Seller's right to re-purchase the Property
shall automatically terminate and be of no further force or effect upon the issuance of a Certificate of
Occupancy("C.O.").
(f) Each party, by signing this Agreement, certifies that it has full authority to enter into this
Agreement, and the execution, delivery, and performance of this Agreement have each been duly
;00465209 1 306-9001821;
19
authorized pursuant to all requisite authority, and this Agreement constitutes the legal, valid, and binding
obligations of Purchaser and Seller,each enforceable in accordance with its respective terms.
(g) The provisions of this Agreement shall be binding upon and inure to the benefit of Purchaser and
Seller and their respective successors and assigns.
(h) This Agreement shall be governed by and construed in accordance with the laws of the State of
Florida.
(i) This Agreement may be executed in several counterparts each of which when executed and
delivered is an original,but all of which together shall constitute one instrument.
(j) Signatures transmitted by facsimile transmission or otherwise appearing on a facsimile
transmission of this Agreement shall be treated in all manner and respects and have the same binding
legal effect as original signatures. The parties hereto hereby agree that none shall raise the use of a
facsimile machine as a defense to the enforceability of this Agreement and forever waive such defense.
(k) The Seller and Purchaser may agree to an extension of any time period contained in this
Agreement pursuant to the execution of a written amendment to this Agreement.
IN WITNESS WHEREOF, Purchaser and Seller have executed this Agreement as of the date first above
written.
WITNESSES: CITY OF BOYNTON BEACH
Print&IOC
hp«y
' By: AI
Steven Grant,Mayor
atm '
P ' tN: • .
A ST:
/ ! _ //i-
By:FC stal Gibson, M , City Clerk
APP' ► , • FORM:
O Ce of the City Attorney
100465209.1 306-90016211
20
STATE OF FLORIDA )
COUNTY OF PALM BEACH )
The foregoing instrument was acknowledged before me this 14' day of �C..c i 1 -
2021, by Steven Grant, as Mayor, on behalf of the City of Boynton Beach, who ( ) is personally
known to me or( )have produced a Florida driver's license as identification.
i
My Commission expires:3'x.5-13 0, i,-,.. / Ate .i .. A_0
Notary Pub ' : =ific,�f .1pri
Q�,gY PUBt, TAMMY L STANZIONE Printed Name of Notary Public
,7:u24,-,o Commission#GG 306158
Vie` Expires March 25,2023
"4-0F FnO`' Baled TAW BOA Notary Services
LUTHERAN SERVICES FLORIDA, INC.,
a Fl• .. . not- -. -e • ., a oration
By: /_ ��,,%�
Print Name: �,�i' aril' ' _
Title:
(CORPORATE SEAL)
STATE OF FLORIDA )
COUNTY OF ilig5Aefoo,)
The foregoing instrument was acknowledged before me this `day of eb AD 22-,
2021, by f het t 6kt fetS as e V f' of Lutheran Services Florida, Inc., a
Florida not-for-profit corporation, who ( ) is personally known to me or V) has produced a
Florida driver's license as identification, on behalf of Lutheran Services Florida, Inc.
My commission Expires: 12-iY—20 e5 �Z
Notary Public, State of Florida
-- --- — Ari as Yee.-621' Perms
:' i, ANAYCASTELWt
_'' M►' ISSION/Illi PEREZ Printed Name of Notary Public
-'�+,' o<A:• EXPIRES:Dumber 14.2025 4081 1
{00465209.1 306-90018211
21
EXHIBIT "Al"
Parcel 1:
LOT 151, ARDEN PARK ADDITION TO BOYNTON, FLORIDA, ACCORDING
TO THE MAP OR PLAT THEREOF AS RECORDED IN PLAT BOOK 2, PAGE
96, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA.
LESS AND EXCEPT THAT PORTION OF LOT 151 DEDICATED IN OFFICIAL
RECORD BOOK 32295 AT PAGE 1417 OF THE PUBLIC RECORDS OF PALM
BEACH COUNTY, FLORIDA DESCRIBED BELOW:
BEGIN AT THE SOUTHEAST CORNER OF LOT 151 OF THE SAID PLAT OF
ARDEN PARK ADDITION TO BOYNTON FLA, THENCE RUN S89°54'02-W
ALONG THE NORTH RIGHT OF WAY LINE OF SPRUCE STREET, BEING A
40 FOOT WIDE RIGHT OF WAY PER SAID PLAT (ALSO KNOWN AS
NORTHEAST 9TH AVENUE), SAID LINE BEING THE BASIS OF BEARINGS,
FOR A DISTANCE OF 142.15 FEET TO A POINT ON THE CENTERLINE OF
THAT 10.20 FOOT WIDE ALLEY ABANDONED AS PER OFFICIAL RECORDS
BOOK 30227, PAGE 0308; THENCE RUN N07°53'34"E ALONG THE
CENTERLINE OF SAID ALLEY FOR A DISTANCE OF 10.10 FEET TO A
POINT; THENCE RUN N89°54'02"E, ALONG A LINE 10 FEET NORTH OF
AND PARALLEL TO THE NORTH RIGHT OF WAY LINE OF SPRUCE
STREET, BEING A 40 FOOT WIDE RIGHT OF WAY PER SAID PLAT (ALSO
KNOWN AS NORTHEAST 9TH AVENUE), FOR A DISTANCE OF 142.15 FEET
TO A POINT ON THE WEST RIGHT OF WAY LINE OF RAILROAD AVENUE,
BEING A 40 FOOT RIGHT OF WAY PER SAID PLAT; THENCE RUN
S07°53'34"W ALONG SAID WEST RIGHT OF WAY LINE OF RAILROAD
AVENUE FOR A DISTANCE OF 10.10 FEET TO THE POINT OF BEGINNING.
SAID LANDS LYING AND BEING IN PALM BEACH COUNTY, FLORIDA,
AND CONTAINING 0.033 ACRES, MORE OR LESS.
Folio No.: 08-43-45-21-18-000-1510
Parcel 2:
LOTS 154, 155, AND 156, ARDEN PARK ADDITION TO BOYNTON, FLA,
ACCORDING TO THE MAP OR PLAT THEREOF AS RECORDED IN PLAT
BOOK 2, PAGE 96, PUBLIC RECORDS OF PALM BEACH COUNTY,
FLORIDA.
LESS AND EXCEPT THAT PORTION OF LOT 156 DEDICATED IN OFFICIAL
RECORD BOOK 32295 AT PAGE 1417 OF THE PUBLIC RECORDS OF PALM
BEACH COUNTY, FLORIDA DESCRIBED BELOW:
{00465209,1 306.9001821)
22
BEGIN AT THE SOUTHWEST CORNER OF LOT 156 OF THE SAID PLAT OF
ARDEN PARK ADDITION TO BOYNTON FLA, THENCE RUN N00°36'53"E,
ALONG THE WEST LINE OF THAT PORTION OF AUSTRALIAN
BOULEVARD RIGHT OF WAY ABANDONED AS PER OFFICIAL RECORDS
BOOK 30698, PAGE 0774, FOR A DISTANCE OF 10.00 FEET TO A POINT;
THENCE RUN N89°54'02"E, ALONG A LINE 10 FEET NORTH OF AND
PARALLEL TO THE NORTH RIGHT OF WAY LINE OF SPRUCE STREET,
BEING A 40 FOOT WIDE RIGHT OF WAY PER SAID PLAT (ALSO KNOWN
AS NORTHEAST 9TH AVENUE), FOR A DISTANCE OF 156.43 FEET TO A
POINT ON THE CENTERLINE OF THAT 10.20 FOOT WIDE ALLEY
ABANDONED AS PER OFFICIAL RECORDS BOOK 30227, PAGE 0308;
THENCE RUN S07°53'34"W ALONG THE CENTERLINE OF SAID ALLEY,
FOR A DISTANCE OF 10.10 FEET TO A POINT ON THE NORTH RIGHT OF
WAY LINE OF SPRUCE STREET, BEING A 40 FOOT WIDE RIGHT OF WAY
PER SAID PLAT
(ALSO KNOWN AS NORTHEAST 9TH AVENUE); THENCE RUN S89°54'02"W
ALONG SAID NORTH RIGHT OF WAY LINE (SAID LINE BEING THE BASIS
OF BEARINGS) FOR A DISTANCE OF 155.15 FEET TO THE POINT OF
BEGINNING.
Folio No.: 08-43-45-21-18-000-1540
ADDING THOSE PORTIONS OF THE VACATED STREET AND ALLEYWAY
ACQUIRED BY LOTS 151, 154, 155, AND 156,AND AS DESCRIBED BELOW:
A PORTION OF AUSTRALIAN BOULEVARD RIGHT OF WAY (ALSO
KNOWN AS NORTHEAST 3RD STREET), OF THE PLAT OF ARDEN PARK
ADDITION TO BOYNTON FLA, AS RECORDED IN PLAT BOOK 02, PAGE 96,
OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA,
PURSUANT TO THE VACATION OF THE RIGHT OF WAY IN ORDINANCE
NO. 19-029 OF THE CITY OF BOYNTON BEACH, FLORIDA, MORE
PARTICULARLY DESCRIBED AS:
BEGIN AT THE SOUTHWEST CORNER OF LOT 156 OF THE SAID PLAT OF
ARDEN PARK ADDITION TO BOYNTON FLA, THENCE RUN N00°36'53"E A
DISTANCE OF 147.57 FEET, TO THE SOUTHWEST CORNER OF LOT 4 OF
THE PLAT OF ROBERT WELLS' SUBDIVISION, AS RECORDED IN PLAT
BOOK 11, PAGE 66;THENCE RUN ALONG THE SOUTH LINE OF SAID LOT 4
S90°00'00"E FOR A DISTANCE OF 18.87 FEET TO A POINT AT THE
INTERSECTION OF THE SAID SOUTH LINE OF LOT 4 AND THE EAST
RIGHT OF WAY LINE OF AUSTRALIAN BOULEVARD (ALSO KNOWN AS
NORTHEAST 3RD STREET); THENCE RUN ALONG THE SAID EASTERLY
RIGHT OF WAY LINE OF AUSTRALIAN BOULEVARD S07°53'54"W A
DISTANCE OF 148.98 FEET TO THE POINT OF BEGINNING;
00465209.1 306-90018211
23
SAID LANDS LYING AND BEING IN PALM BEACH COUNTY, FLORIDA,
AND CONTAINING 0.032 ACRES, MORE OR LESS
AND
THOSE PORTIONS ACQUIRED BY LOTS 151, 154, 155, AND 156 PURSUANT
TO THE VACATION OF THE ALLEYWAY IN ORDINANCE NO. 18-027 OF
THE CITY OF BOYNTON BEACH, FLORIDA, ALL LYING IN ARDEN PARK
ADDITION TO BOYNTON, FLORIDA ACCORDING TO THE MAP OR PLAT
THEREOF AS RECORDED IN PLAT BOOK 2, PAGE 96, PUBLIC RECORDS
OF PALM BEACH COUNTY, FLORIDA.
100465209.1 306-90018211
24
EXHIBIT "B1"
IMPROVEMENTS AND FUNDING
Lutheran Services Florida, Inc. - Funding
1. American Rescue Plan (ARP) — Pending 1303 Form ($953,008)
2. LSF Operations Unspent Amount — Carry Over- ($458,000)
3. Start-up Funds — ($96,000)
4. Disaster Relief Funds — ($96,000)
Total Funds = $1,603,008
Lutheran Services Florida, Inc — Improvements
1. Prefabricated Building (7,400 SF)
2. Playground (2,400 SF)
3. Landscaping
4. Earthwork
5. Parking Lot Lighting
6. Paving, Signing and Markings
7. Drainage
8. Water and Sewer Connection
City of Boynton Beach — Improvements
1. Offsite Water and Sewer
2. Offsite Drainage
3. Offsite Paving
{00465209.1 306-9001821)
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I
S-IREEY
{00465209.1306-9001821}
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