R24-304 1 RESOLUTION NO. R24-304
2
3 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON
4 BEACH, FLORIDA, APPROVING AN AGREEMENT FOR PURCHASE AND
5 SALE OF REAL PROPERTY WITH THE TRUSTEES OF FIRST
6 PRESBYTERIAN CHURCH OF BOYNTON BEACH, FLORIDA, INC. FOR
7 THE PURCHASE OF REAL PROPERTY LOCATED AT 235 SW 6TH
8 AVENUE, BOYNTON BEACH, FLORIDA 33435; AND FOR ALL OTHER
9 PURPOSES.
10
11 WHEREAS, the City desires to purchase property located at 235 SW 6th Avenue, Boynton
12 Beach, Florida 33435, from the Trustees of First Presbyterian Church of Boynton Beach, Florida,
13 Inc. in an amount of Three Hundred and 00/100 Dollars ($300,000) to construct a new Park near
14 the Forest Park Community; and
15 WHEREAS, the purchase of land is contingent on an appraisal and a clear title; and
16 WHEREAS, the City Commission, upon the recommendation of staff, has deemed it in the
17 best interests of the city's citizens and residents to approve an Agreement for the Purchase and
18 Sale of Real Property with the Trustees of First Presbyterian Church of Boynton Beach, Florida, Inc.
19 for the Purchase of Real Property located at 235 SW 6th Avenue, Boynton Beach, Florida 33435.
20
21 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON
22 BEACH, FLORIDA, THAT:
23 SECTION 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as
24 being true and correct and are hereby made a specific part of this Resolution upon adoption.
25 SECTION 2. The City Commission of the City of Boynton Beach, Florida, does hereby
26 approve the purchase of real property located 235 SW 6th Avenue, Boynton Beach, Florida 33435,
27 from the Trustees of First Presbyterian Church of Boynton Beach, Florida, Inc., in an amount of
28 Three Hundred and 00/100 Dollars ($300,000).
29 SECTION 3. The City Commission of the City of Boynton Beach, Florida, does hereby
30 approve an Agreement for Purchase and Sale of Real Property between the Trustees of First
31 Presbyterian Church of Boynton Beach, Florida, Inc., and the City (the "Agreement"), in form and
32 substance similar to that attached as "Exhibit A."
33 SECTION 4. The City Commission of the City of Boynton Beach, Florida, hereby
34 authorizes the Mayor to execute the Agreement. The Mayor is further authorized to execute any
35 ancillary documents required under the Agreement or necessary to accomplish the purposes of
36 the Agreement and this Resolution.
37 SECTION 5. One fully executed original of the Agreement shall be retained by the City
38 Clerk as a public record of the City. A copy of the fully executed Agreement shall be provided to
39 Gail Mootz for further handling.
40 SECTION 6. This Resolution shall take effect in accordance with law.
41 c
42 PASSED AND ADOPTED this //I" day of j)01/.6.4.b P.f 2024.
43 CITY OF BOYNTON BEACH, FLORIDA
44 YES NO
45 Mayor—Ty Penserga
46
47 Vice Mayor—Aimee Kelley
48 ✓
49 Commissioner—Angela Cruz
50
51 Commissioner—Woodrow L. Hay
52 /
53 Commissioner—Thomas Turkin ✓
55
55 VOTE
56 ATT'
57 I I
58 i►. , , . --- et ?4324
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59 Maylee Br .sus, MPA, C T _• - -
60 City Cler � May.
61 ,( !k
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62 ; ••' •`ORATE •., 4414, APPROVED AS TO FORM:
63 (Corporate Seal)
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66 s 4..•.....•••.I.;' Shawna G. Lamb
67 ' City Attorney
AGREEMENT FOR PURCHASE AND SALE OF REAL PROPERTY
235 SW 6th Avenue, Boynton Beach, Florida 33435
ON '`"
Contract No. 24-0139
This Agreement for Purchase and Sale Of Real Property ("Agreement") is made by and
between the City of Boynton Beach, a Florida municipal corporation, with an address of 100
East Ocean Avenue, Boynton Beach, FL 33435 ("Purchaser"), and The Trustees of First
Presbyterian Church of Boynton Beach, Florida, Inc., a not for profit corporation,whose mailing
address is 235 SW 6th Ave, Boynton Beach, FL 33435 ("Seller"). The "Effective Date" of this
Agreement shall be the date the last one of Seller or Purchaser signs the Agreement.
WITNESSETH :
In consideration of the mutual promises and covenants herein contained and the sum of
$10.00 and other good and valuable consideration paid by Purchaser to Seller, receipt of which is
hereby acknowledged by Seller, it is mutually covenanted and agreed by the parties hereto as
follows:
1. Property. Seller hereby agrees to sell and convey to Purchaser, and Purchaser
hereby agrees to purchase from Seller, subject to the terms and conditions hereinafter set forth, a
portion of that certain property located at 235 SW 6 Avenue, Boynton Beach, FL 33435, along with
all improvements constructed thereon, as further described in Exhibit A (the "Property"). The
Property shall include(i)Seller's rights in and to any and all licenses, permits, and all improvements
constructed thereon and other governmental approvals pertaining to the Property and the use
thereof; and (ii) any and all rights, entitlements and appurtenances to the Property, including, but
not limited to, rights of ingress and egress, any and all air space rights and subsurface rights,
mineral rights, riparian and littoral rights, together with all pertinent rights and interest pertaining to
adjacent streets and roadways.
2. Purchase Price and Terms of Payment.
(a) The purchase price to be paid by the Purchaser for the Property shall be
Three Hundred Thousand and 00/100 Dollars ($300,000) ("Purchase Price").
(b) The Purchase Price will be paid as follows:
i. Deposit. On or before the Effective Date of this Agreement, Purchaser
shall deposit with the Escrow Agent (defined below) the sum of Ten
Thousand Dollars ($10,000.00) ("Deposit"). The Deposit shall be held in
escrow by the Escrow Agent in accordance with the terms and conditions
of this Agreement. The Deposit shall be returned to or retained by
Purchaser in the event (i) Purchaser delivers to Seller a notice of
termination, pursuant to Section 3(d), (ii)Seller fails to close in accordance
with the terms hereof, (iii) if any of the conditions to close set forth in
Section 6 are not fully satisfied or waived by Purchaser, or(iv) Seller fails
to cure any title objections in a timely manner as specified in Section 4
below. In all other events, the Deposit shall be disbursed in accordance
with the terms and conditions set forth in this Agreement.
ii. Balance. The balance of the Purchase Price ($290,000.00), adjusted as
provided in Section 7 below, shall be due and payable at Closing by
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3.18.24(SRW) 1
cashiers, official or certified check or wire transfer. There is no financing
contingency to Purchaser's obligation to close.
3. Property Data/Inspection Period/Termination/Delivery of Reports.
(a.) Property Data. Seller expressly agrees to deliver to Purchaser, at Seller's
sole cost and expense, prior to the close of business on the fifteenth (15th) day following
the Effective Date, true and correct copies of all documents and records in Seller's
possession or control,or available to Seller,as they relate to the title,the physical condition
and the development,operation and occupancy of the Property, including without limitation,
engineering and environmental studies, title reports and surveys ('Property Data"). If
Purchaser does not purchase the Property as contemplated herein, Purchaser shall return
the Property Data to Seller.
(b.) Property Disclosure. Seller does hereby represent that Seller has legal
authority and capacity to convey the Property. Seller represents that Seller has no
knowledge of facts materially affecting the value of the Property other than those which
Purchaser can readily observe.
1. Energy Efficiency. In accordance with Florida Statute 553.996, notice is hereby
given that the buyer of real property with a building for occupancy located
thereon may have the building's energy-efficiency rating determined.
Purchaser acknowledges receipt of the energy efficiency rating information
brochure prepared by the State of Florida at the time of or prior to Purchaser
signing this Agreement.
2. Radon Gas Disclosure. Radon gas is a naturally occurring radioactive gas that,
when it has accumulated in a building in sufficient quantities, may present
health risks to persons who are exposed to it over time. Levels of radon that
exceed federal and state guidelines have been found in buildings in Florida.
Additional information regarding radon testing may be obtained from your
county health unit.
3. Flood Zone. Purchaser is advised to verify with appropriate government
agencies whether flood insurance is required and what restrictions apply to
improving the Property and rebuilding in the event of casualty.
4. Other. Purchaser should exercise due diligence with respect to information
regarding neighborhood crimes, sexual offenders/predators and any other
matters Purchaser deems relevant to the purchase of the Property.
5. Mold Disclosure. Mold is naturally occurring. The presence of mold in a home
or building may cause health problems and damage to the Property.
[ ] If marked see attached Mold Inspection Addendum.
6. Disclosure of Beneficial Interests. Seller represents that simultaneously with
Seller's execution of this Agreement, Seller has executed and delivered to
Purchaser, the Seller's Disclosure of Beneficial Interests attached hereto as
Exhibit B (the"Disclosure")disclosing the name and address of every person
or entity having a 5% or greater beneficial interest in the ownership of the
Property as required by Section 286.23, Florida Statutes. Seller warrants that
in the event there are any changes prior to Closing to the names and
addresses of the persons or entities having a 5% or greater beneficial interest
in the ownership of the Property after the date of execution of the Disclosure,
Seller shall immediately, and in every instance, provide written notification of
such change to the Purchaser in the manner required by Section 14 of this
Agreement. Seller warrants that at Closing, Seller shall provide Purchaser with
a Disclosure that accurately discloses the beneficial interests in the ownership
of the Property at the time of Closing regardless of whether or not the
First Presbyterian PSA
3.18.24(SRW) 2
information contained therein has changed from the date of execution of the
original Disclosure. The provisions of this Paragraph 6 shall survive the
Closing or the earlier termination of this Agreement.
(c.) Inspection Period Contingency. Purchaser shall have a period of Thirty
(30) days after the Effective Date (the "Inspection Period") to make its examination and
inspection of the Property and the Property Data, including taking such soil and engineering
tests, studies and samples and to otherwise inspect the Property to determine, in
Purchaser's sole and absolute discretion, whether the Property is suitable for Purchaser's
purposes. If Purchaser does not elect to terminate this Agreement as provided in Section
3(d) below, Purchaser shall also have the continuing right to enter upon the Property at
any time after the Inspection Period for the purpose of performing surveying, engineering,
environmental tests and studies, test borings and such other similar investigatory work as
Purchaser shall consider appropriate and to conduct any tests necessary to satisfy
Purchaser as to the suitability of the Property for Purchaser's purposes. The cost of
Purchaser's due diligence investigation as provided herein shall be borne solely by
Purchaser. In exercising its rights under this Paragraph, the Purchaser shall have the duty
to restore the Property to its condition existing prior to the exercise of Purchaser's rights
hereunder and any damage caused thereby.
1. Wood-Destroying Organisms. "Wood-Destroying Organisms (WDO)" means
arthropod or plant life which may damage a structure. Within forty-five (45)
after the Effective Date of this Agreement Purchaser, at Purchaser's expense,
may have the Property inspected by a Florida certified pest control firm and
notify Seller as to whether there is any visible active wood-destroying organism
infestation or visible existing damage to the improvements from wood-
destroying organisms by furnishing a copy of such firm's written report to
Seller. Seller will, within ten (10) days after receiving such firm's written WDO
report have repairs made in a workman like manner by an appropriately
licensed person. Seller will pay costs of treatment and repair by appropriately
licensed persons of all wood destroying organism report damage up to one
percent (1.0%) of the purchase price. However, if such costs exceed the
amount agreed to be paid by Seller, Seller must notify Purchaser in writing
within ten (10) days after receiving a copy of the WDO report stating whether
or not Seller will pay the excess costs for treatment or repairs. If Seller declines
to pay the excess costs, Purchaser will have the option of(a)terminating this
Agreement or (b) proceeding with this transaction, in which event Seller will
bear costs equal to one percent (1.0%) of the purchase price. Seller is not
obligated to treat the Property if there is evidence of previous infestation but
no visible live infestation and Seller provides written proof to Purchaser of
previous treatment of the Property for such infestation by a Florida certified
pest control firm or transfers a current bond or service agreement for such
infestation to Purchaser at closing. Purchaser will pay for any reinspection fees
unless prohibited by law or regulation.
2. Possession. Seller represents that there are no parties in possession.
Purchaser will be given possession at closing free and clear of all occupants
and personal Property.
3. Personal Property: Included in the purchase price is all fixed equipment such
as, but not limited to, attached lighting fixtures, fence, plants, and shrubbery,
all as now installed on the Property, and these additional
items: ,,;
First Presbyterian PSA
3.18.24(SRW) 3
(d) Termination. If, prior to 5:00 p.m. on the date of expiration of the Inspection
Period, Purchaser is not satisfied with respect to the Property for any reason, in its sole
and absolute discretion, and notifies Seller in writing (via e-mail, facsimile or otherwise)
("Notice of Termination"), then this Agreement shall be terminated whereupon the parties
shall have no further liability or obligation hereunder.
(e) "AS IS". Purchaser acknowledges and agrees that, to the extent permitted
by law,the Sale of the Property as provided for herein is made on an"AS IS"condition and
basis with all faults as to the condition of the improvements on the property. Purchaser
agrees that, except for Seller's representations and warranties set forth in this Agreement,
Purchaser is relying solely upon Purchaser's own investigation of the Property.
4. Title, Survey, Environmental Reports.
(a.) Title Commitment. Within ten (10) days of the Effective Date, Purchaser,
at Purchaser's expense, shall obtain a Title Insurance Commitment, from a Florida-
licensed firm, undertaking to insure title to the Property, accompanied by one copy of all
documents affecting the Property, and which shall set forth any exceptions to the Title
Commitment. At least five (5)days prior to the Closing, Purchaser shall obtain an updated
Commitment to the original Title Commitment for the Property which shall show no new
matter not disclosed in the initial Title Commitment as approved by Purchaser. Purchaser
shall give Seller written notice (the "Title Notice") prior to the expiration of the Inspection
Period if Purchaser objects to any of the title exceptions. In the event Purchaser objects to
any title exception(s), Purchaser shall state in the Title Notice which exception(s)set forth
on the Title Commitment(or updated Commitment) are unacceptable and Seller shall use
its best efforts to eliminate those exceptions; provided, however, that at the Closing all
mortgages and any other liens that may be satisfied by the payment of money shall be
satisfied of record by Seller. All title exceptions not timely objected to by Purchaser shall
be deemed "Permitted Exceptions." Seller shall furnish good and marketable title to the
Property, subject only to the Permitted Exceptions. Upon receipt of the Title Notice, Seller
shall attempt to eliminate or modify all unacceptable matters to the satisfaction of
Purchaser. Purchaser may, at any time, waive in writing its objection to title and accept title
to the Property subject to the exceptions objected to by Purchaser. In the event Purchaser
does not waive its objections (as set forth in the Title Notice) and if Seller is unable to
remove the matters within thirty (30) days after receipt of the Title Notice, Purchaser may,
at its option (i) accept title subject to the objections raised by Purchaser, in which event
said objection(s) shall be deemed waived for all purposes, or (ii) rescind this Agreement,
whereupon this Agreement shall terminate and the Deposit shall be retained by or returned
to Purchaser. Purchaser shall elect one of the two options specified in the preceding
sentence within five (5) business days after Purchaser receives notice from Seller that
Seller is unable to remove such other exceptions objected to by Purchaser. At Closing,
Seller shall obtain, an ALTA Form Owners Policy of Title Insurance, with Florida
modifications, based on the Title Commitment. Such policy shall be in the amount of the
Purchase Price for the Property and shall insure Purchaser fee simple title to the Property
being purchased, subject only to the Permitted Exceptions.
(b.) Survey. Within forty-five (45) days after the Effective Date, Purchaser, at
its expense, may, as it deems appropriate, obtain an accurate boundary survey of the
Property showing all recorded easements on the Property, calculating the area of the
Property in acres and including the surveyor's description of the Property. If the Survey
shows any defects or matters unacceptable to Purchaser, including without limitation, any
matter which would prevent the elimination of the survey exception from the Title
Commitment, the same shall be treated as a title defect as provided in Section 4(a)above.
(c.) Environmental Audits. During the Inspection Period, Purchaser may, at its
sole cost and expense, as it deems appropriate, obtain environmental audits for the
Property prepared in accordance with ASTM Standards by an environmental engineer
approved by Purchaser (the "Audits"). Purchaser's approval of such Audits is a condition
First Presbyterian PSA
3.18.24(SRW) 4
to the Closing, as provided in Section 6 below. The Audits shall be certified to Purchaser.
If the Audits shows the presence of any Hazardous Waste (as defined in Section 15(h)
below), notice to that effect shall be given to Seller prior to expiration of the Inspection
Period. Seller shall have a period of sixty (60) days after receipt of such notice to use its
best efforts to cure any such Hazardous Waste contamination. If Seller elects not to remove
the Hazardous Waste contamination from the Property or is unable to cure such Hazardous
Waste contamination within such sixty (60) day period, then Seller shall notify Purchaser
in writing no later than three (3) business days after such sixty (60) day period and
Purchaser may, at its option (i) waive objection to such Hazardous Waste contamination
and proceed with the Closing or (ii) terminate this Agreement within five (5) days from
receipt of such notice,whereupon the Purchaser shall be entitled to retain the Deposit,this
Agreement shall terminate and both parties shall be relieved of any and all further
obligations hereunder. Purchaser shall elect one of the two (2) options specified in the
preceding sentence within five (5) business days after Purchaser receives written notice
from Seller that Seller is unable to cure such Hazardous Waste contamination. In the event
Purchaser fails to timely make such election, Purchaser shall be deemed to have elected
to terminate this Agreement.
(d.) Zoning and Restrictions. If there is notice of proposed zoning changes or
deed or other restrictions that could prevent such use at the time of closing, Purchaser will
have the right to terminate this Agreement. Seller warrants and represents that there is
ingress and egress to and from the Property sufficient for its current use. Purchaser will
have ten (10) days after the date of acceptance of this Agreement to verify the existing
zoning and current proposed changes and deliver written notice of objections to Seller or
be deemed to have waived objections.
5. Closing.Subject to the conditions precedent stated in Section 6 below,the Closing
shall be held at the office of Purchaser within Thirty (30) days following the expiration of the
Inspection Period ("Closing" or "Closing Date"). The actual date and time of Closing shall be at a
time mutually agreeable to both parties. Sole possession of the Property shall be delivered to
Purchaser at the Closing.
6. Conditions to Close.
(a.) Purchaser's Conditions to Close. Purchaser's obligation to close this
transaction is subject to satisfaction (or waiver by Purchaser), of the following conditions
precedent:
(i.) Seller's representations and warranties set forth herein shall be true
and correct on and as of the Closing Date with the same effect as if
such representations and warranties were made on and as of
Closing.
(ii.) Purchaser shall have approved the Title Commitment (or updated
Title Commitment) described in Section 4(a) above and Title
Company shall be prepared to issue a title policy to Purchaser with
respect to the Property being purchased in the form of the Title
Commitment approved pursuant to Section 4(a) above. Such
approval shall include:
(iii.) Purchaser shall have approved the Survey described in Section 4(b)
above and the Audits as described in Section 4(c)above.
(iv.) Purchaser shall have received an acceptable appraisal for the
Property.
(v.) The City Commission of the City of Boynton Beach shall have
approved the acquisition of the Property.
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3.18.24(SRW) 5
(b.) Seller's Conditions to Close. Seller's obligation to close this transaction is
subject to satisfaction (or waiver by Seller), of the following conditions precedent:
(i.) Purchaser's representations and warranties set forth herein shall be
true and correct on and as of the Closing Date with the same effect
as if such representations and warranties were made on and as of
Closing.
7. Closing Costs and Adjustments. At the Closing, the following items shall be
borne, adjusted, prorated or assumed by or between Seller and Purchaser, as follows:
(a.) Adjustments and Prorations.
(i.) Real Estate Taxes. On or before the Closing Date, Seller shall
establish an escrow fund with the Palm Beach County Tax Collector
pursuant to Florida Statutes, Section 196.295, and shall pay into
said escrow, Seller's prorata portion of ad valorem and non-ad
valorem real property taxes and assessments for the year of
Closing and any prior years as determined by the Tax Collector.
Seller's prorata share of all taxes and assessments shall include the
day of Closing. The obligations set forth in this section shall survive
the Closing.
(ii.) Special Assessments/Taxes. Seller shall pay all special
assessments and taxes, interest and penalties levied against the
Property prior to the Closing. Seller agrees to indemnify and hold
Purchaser harmless from and against any and all liabilities, losses,
charges, costs, expenses and damages incurred by Purchaser
(including, but not limited to, attorneys' fees and court costs,
including any appeal that may be filed)as a result of Seller's failure
to pay any and all such special assessments and taxes, interest and
penalties levied against the Property prior to the Closing. Seller's
obligations under this section shall survive the Closing.
(b.) Closing Costs. At the Closing, all costs shall be payable as follows:
(i.) Seller shall pay for:
(1.) The cost of state documentary stamps which are required to
be affixed to the Deed;
(2.) All fees and charges of Seller's attorneys, consultants,
engineers, accountants, and other professionals and/or
representatives;
(3.) The Owner's Title Insurance Commitment, updated
Commitment and Policy and all related title searches and
charges for the Property;
(4.) The cost of recording any corrective instruments that may be
required in connection with perfecting the title established
herein; and
(5.) All special taxes and assessments which became a lien on
the Property prior to Closing.
(ii.) Purchaser shall pay for:
First Presbyterian PSA
3.18.24(SRW) 6
(1.) The balance of the Purchase Price in accordance with Section
2;
(2.) All fees and charges of Purchaser's attorneys, consultants,
engineers, accountants, architects and other professionals
and/or representatives;
(3.) The cost of recording the Deed;
(4.) The cost of the Survey; and
(5.) The cost of the Audits.
8. Closing Documents.
(a.) Seller's Documents at Closing.At the Closing,the Seller shall execute and
deliver to Purchaser the following with respect to the Property:
(i.) Counterpart of Closing Statement;
(ii.) Statutory General Warranty Deed (the"Deed")for the Property;
(iii.) A Seller's affidavit in form and content as may be reasonably
required by the Title Company to provide the "gap" coverage
necessary to issue at Closing, an endorsement to the Title
Commitment deleting the standard "gap" exception, the standard
mechanic's lien exception and the standard parties in possession
exception;
(iv.) Non-foreign affidavit evidencing that Purchaser shall not be liable
for transfer liability under Section 1445 of the Internal Revenue
Code, as amended;
(v.) Such corrective instruments as may be required to deliver good and
marketable title, subject to the provisions of Section 4(a) hereof;
(vi.) Evidence that Seller is authorized to sell the Property;
(vii.) Bill of Sale for all personal property included in the conveyance;
(viii.) Any other documents reasonably necessary or advisable to
consummate the transactions contemplated hereby.
(ix.) Seller's Disclosure of Beneficial Interests. A Seller's Disclosure of
Beneficial Interests as required by Section 286.23, Florida Statutes,
which accurately discloses the name and address of any person or
entity having a 5%or greater beneficial interest in the ownership of
the Property as of the date of Closing. The foregoing shall be in
addition to any Disclosure or notice of change thereto previously
provided to Purchaser,and in the same form as previously provided
to Purchaser as set forth in Exhibit B.
(b.) Purchaser's Documents at Closing. At the Closing, Purchaser shall
execute or cause to be executed by the appropriate persons and/or deliver to Seller the
following:
(i.) Counterpart of Closing Statement;
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3.18.24(SRW) 7
(ii.) Any other documents necessary or advisable to consummate the
transaction contemplated hereby; and
9. Escrow Agent.
(a) Designation of Agent. The Escrow Agent shall be:
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(b) Escrow Obligations of Escrow Agent. Escrow Agent undertakes hereunder to
perform only such duties as are expressly set forth herein and no implied duties or
obligations will be inferred against escrow agent. The deposit will be held and disbursed
by Escrow Agent as follows:
(i) Escrow Agent may (i) act in reliance upon any writing or instrument or
signature which it, in good faith, believes to be genuine, (ii)assume the validity
and accuracy of any statement or assertion contained in such a writing or
instrument, and (iii) assume that any person purporting to give any writing,
notice, advice or instruction in connection with the provisions hereof has been
duly authorized to do so.
(ii) Subject to the limitations of Purchaser's liability contained in Section
768.28, Florida Statutes, Seller and Purchaser shall jointly indemnify and hold
harmless Escrow Agent from and against any and all claims, liabilities, losses,
actions, suits or proceedings at law or in equity, or any other expenses, fees
or charges of any character or nature whatsoever, which Escrow Agent may
incur or with which it may be threatened solely by reason of its acting as
Escrow Agent hereunder, except to the extent resulting from Escrow Agent's
gross negligence, fraud, or intentional misconduct; and in connection
therewith, to indemnify Escrow Agent against any and all expenses, including
reasonable attorneys' fees and the cost of defending any action, suit or
proceedings or resisting any claim (including, without limitation, fees for
services rendered by Escrow Agent's constituent attorneys and paralegals);
provided, however, that if such expenses are incurred by Escrow Agent in
connection with litigation between Seller and Purchaser, the responsibility for
indemnifying Escrow Agent for such expenses will belong solely to the non-
prevailing party. If Purchaser is required to indemnify Escrow Agent pursuant
to this Agreement, the limitations on tort liability under section 768.28, Florida
Statutes, shall be the applicable limitations for Purchaser's indemnification
obligations under this Agreement, regardless of the nature or basis of the claim
asserted.
(iii) Escrow Agent will not make any disbursement of the Deposit (except at
closing) without giving written notice to the party which will not receive the
disbursement at least five (5) business days in advance of the disbursement.
The failure of the party not receiving the disbursement to object to the
disbursement by written notice to the other party and to the escrow agent
within three (3) business days after receipt of Escrow Agent's notice of
disbursement will constitute binding acquiescence of such party to the
disbursement. If there is any disagreement about the interpretation of this
agreement, or about the rights and obligations, or the propriety, of any action
contemplated by escrow agent hereunder, Escrow Agent may file an action in
interpleader to resolve such disagreement. Escrow Agent will be indemnified
(by Seller or Purchaser, whichever is the non-prevailing party) as set forth in
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3.18.24(SRW) 8
the foregoing subsection (b) in connection with such interpleader action, and
will be fully protected in suspending all or a part of its activities under this
agreement until a final judgment in the interpleader action is received.
(iv) Escrow Agent may consult with counsel of its own choice and will have full
and complete authorization and protection for any action taken or suffered by
it hereunder in good faith and in accordance with the opinion of such counsel.
Escrow Agent otherwise will not be liable for any mistakes of fact or error of
judgment, or for any acts or omissions of any kind unless caused by its willful
misconduct or gross negligence.
(v) Escrow Agent may resign upon 15 days' written notice to Seller and
Purchaser, and if a successor escrow agent is not appointed within such 15-
day period, Escrow Agent may petition a court of competent jurisdiction to
name a successor.
10. Default.
(a.) Seller's Default, Purchaser's Remedies. If any of Seller's representations
and warranties contained herein shall not be materially true and correct, or if Seller shall
have failed to perform in any material respect any of the covenants and agreements
contained herein to be performed by Seller within the time for performance as specified
herein(including Seller's obligation to consummate the transactions contemplated hereby),
Purchaser as and for its sole and exclusive remedies, shall be entitled to either(i)elect to
terminate this Agreement, in which event the Deposit will be promptly returned to
Purchaser and this Agreement will be null and void and the parties hereto will have no
further rights or obligations hereunder except with respect to the matters that expressly
survive termination hereof, (ii) elect to waive any such conditions or defaults and
consummate the transactions contemplated by this Agreement in the same manner as if
there had been no conditions or defaults; or (iii) file an action for specific performance of
this Agreement to compel the Seller to close this transaction in accordance with the terms
hereof.
(b.) Purchaser's Default, Seller's Remedies. If any of Purchaser's
representations and warranties contained herein shall not be materially true and correct,
or if Purchaser shall fail to close in violation of this Agreement for reasons not caused by
Seller,then Seller as and for its sole and exclusive remedy, shall be entitled to receive One
Thousand Dollars ($1,000.00) as agreed upon liquidated damages for withholding the
Property from the market and for expenses incurred and not as a penalty or forfeiture,
actual damages being difficult or impossible to measure, whereupon the parties shall be
relieved of any further obligation or liability hereunder. Seller and Purchaser understand
that the remedy of liquidated damages is a proper and mutually acceptable negotiated
remedy for the parties due to the fact that the damages suffered by Seller are not
ascertainable at the time of execution of this Agreement and that such remedy takes into
account the peculiar expenses and risks assumed by each party.
(c.) Limitation of Purchaser's Liability. Purchaser desires to enter into this
Agreement only if in so doing Purchaser can place a limit on Purchaser's liability for any
cause of action for money damages due to an alleged breach by Purchaser of this
Agreement, so that its liability never exceeds the sum of$1,000. Seller hereby expresses
its willingness to enter into this Agreement with this limitation on recovery for any damage
action for breach of contract.Accordingly, Seller hereby agrees that Purchaser shall not be
liable to Seller for damages in an amount in excess of$1,000 for any action for breach of
contract arising out of the performance or nonperformance of any obligations imposed
upon the Purchaser by this Agreement. Nothing contained in this subparagraph or
elsewhere in this Agreement is in any way intended to be a waiver of the limitation placed
upon Purchaser's liability as set forth in Section 768.28, Florida Statutes.
First Presbyterian PSA
3.18.24(SRW) 9
(d.) Except as otherwise expressly provided herein, neither party shall claim
or be entitled to damages of any nature whatsoever.
11. Brokerage. Purchaser represents to Seller that Purchaser has not engaged any
broker, finder or other agent in regard to this Agreement. Seller represents to Purchaser that Seller
has not engaged any broker, finder or other agent in regard to this Agreement. Seller hereby
indemnifies Purchaser and holds Purchaser harmless against all liability, loss, cost, damage and
expense (including, but not limited to, attorneys' fees and court costs, including any appeal that
may be filed)which Purchaser shall ever suffer or incur because of any claim by any broker,finder,
or other agent, other than Broker, whether or not meritorious, for any fee, commission or other
compensation with respect hereto resulting from the acts of Seller.
12. Condemnation. In the event of any condemnation or eminent domain proceedings
for any public or quasi-public purposes at any time prior to the Closing, resulting in a taking of any
material portion of the Property (prior to Closing thereon), Purchaser shall have the option to be
exercised within ten (10) business days from being advised of such proceedings (i) to cancel this
Agreement and the parties shall thereupon be relieved of any and all further responsibility
hereunder and neither party shall have any further obligation or liability to the other; or(ii)to close
the transaction contemplated by this Agreement, in which event the Purchase Price shall not be
reduced, provided, however, that Seller shall assign any applicable condemnation or eminent
domain award to Purchaser. The terms and provisions of this Section shall survive the Closing.
13. Risk of Loss.
(a.) In the event of damage or destruction of the Property or any portion thereof
prior to the Closing in an amount not exceeding Ten Thousand Dollars ($10,000.00) (as
reasonably determined by an independent party mutually acceptable to Purchaser and
Seller), Purchaser and Seller shall consummate the sale of the Property pursuant to this
Agreement, provided that, at Purchasers sole option, Seller shall (i) assign to Purchaser
its right under any insurance policy covering such damage or destruction and the amount
payable to Purchaser shall be credited against the Purchase Price, or (ii) Seller shall
reduce the Purchase Price by an amount equal to the amount of the damage or destruction
and retain all rights to any insurance proceeds.
(b.) In the event of damage or destruction of the Property or any portion thereof
prior to the Closing in an amount in excess of Ten Thousand Dollars ($10,000.00) (as
reasonably determined by an independent party mutually acceptable to Purchaser and
Seller), Purchaser may elect either of the following:
(i.) to terminate this Agreement upon written notice to Seller with the
same effect as if terminated under Section 3(d)above; or
(ii.) to consummate this Agreement, in which event Seller shall (a)
assign to Purchaser its right under any insurance policy covering
such damage or destruction and the amount payable to Purchaser
shall be credited against the Purchase Price, or (b) Seller shall
reduce the Purchase Price by an amount equal to the amount of the
damage or destruction and retain all rights to any insurance
proceeds.
14. Notices. Whenever any notice, demand, consent, delivery or request is required
or permitted hereunder, it shall be in writing and shall be deemed to have been properly given or
served (a) when delivered in fact to the proper party, or (b) when deposited in the United States
mail, with adequate postage prepaid and sent by registered or certified mail with return receipt
requested, or (c) delivered to Federal Express or other comparable overnight courier, or (d) sent
by facsimile transmission or electronic mail with a copy mailed by U.S. first class mail, postage
prepaid to the addresses set forth below or at such other addresses as are specified by written
First Presbyterian PSA
3.18.24(SRW) 10
notice so given in accordance herewith. All notices and requests required or authorized hereunder
shall be delivered as aforesaid to the respective parties hereto as follows:
TO PURCHASER: City of Boynton Beach
100 East Ocean Avenue
Boynton Beach, FL 33435
Attention: Manager, Real Estate and Special Projects
Email: mootzg(@,bbfl.us
WITH COPY TO: City Attorney
100 East Ocean Avenue
Boynton Beach, FL 33435
Email: CitvAttorney(abbfl.us
TO SELLER:
Presbytery of Tropical Florida
Attn: Rev. Dr. Bultena
Email: dbultena(c�tfpby.orq
WITH COPY TO: First Presbyterian Church of Boynton Beach, FL
Email: fpcbovnton(c�aol.com
It is expressly understood and agreed to between the parties that counsel for the Purchaser and
Seller are authorized to give notice on behalf of their respective clients.
15. Seller's Representations and Warranties.As inducement for Purchaser to enter
into this Agreement, and in addition to the warranties contained in the Deed and other documents
of conveyance, Seller hereby represents and warrants to Purchaser that the following statements
are true and correct and Purchaser's obligation to close shall be conditioned on the same being
true as of the Closing Date:
(a.) Litigation. To the best of Seller's knowledge, there are no known pending
legal actions, suits, or administrative proceedings affecting the Property or any portion
thereof, nor have any such proceedings been contemplated or threatened.
(b.) Duly Empowered. Seller has all requisite power and authority to execute,
deliver and perform this Agreement and each of the documents executed and delivered by
Seller.This Agreement is a valid and binding obligation of Seller,enforceable against Seller
in accordance with its terms.
(c.) Duly Authorized. The execution, delivery and performance of this
Agreement by Seller has been duly and validly authorized by all necessary action on the
part of Seller and all required consents and approvals have been duly obtained.
(d.) Consents. The execution by Seller of this Agreement and the
consummation by Seller of the transaction contemplated hereunder will not violate or result
in a breach of or constitute a default under any provision of any contract, lien, instrument,
order, judgment, decree, ordinance, regulation or other restriction of any kind to which
Seller or the Property is or may be bound or affected.
(e.) Property Data. To the best of Seller's knowledge, all Property Data
delivered by Seller to Purchaser is accurate and complete in all material respects.
(f.) Notice of Violations. Seller has received notice of, and there is no violation
of, any law, regulation, ordinance, order, restrictive covenant, or other requirement
affecting the Property.
First Presbyterian PSA
3.18.24(SRW) 11
(g.) Unrecorded Encumbrances. Seller has no knowledge of any unrecorded
easements, restrictions or encumbrances affecting all or any part of the Property.
(h.) Hazardous Waste. To the best of Seller's knowledge, there is not located
in, on, upon, over or under the Property any chemical, material or substance, exposure to
which is prohibited, limited or regulated by any federal, state, county, regional or local
authority or which, even if not so regulated, is known to pose a hazard to the health and
safety of any persons that now or may hereafter occupy the Property (hereinafter
sometimes collectively called "Hazardous Waste"). Seller has received no notice or
otherwise been informed that Hazardous Waste may exist on the Property or on adjoining
or nearby property.
(i.) Ingress and Egress. There are rights of ingress and egress for vehicular
and pedestrian traffic to and from the Property. To the extent the requisite ingress and
egress passes through adjoining land, it must do so in accordance with valid public
easements or valid private easements which constitute part of the Property and which will
inure to the benefit of Purchaser and be conveyed to Purchaser at the Closing.
(j.) Bankruptcy. There are no attachments, executions, assignments for the
benefit of creditors, receiverships, conservatorships or voluntary or involuntary
proceedings in bankruptcy or pursuant to any other debtor relief laws contemplated or filed
by Seller or pending against Seller or the Property.
(k.) Pending Contracts. There are no contracts or other obligations
outstanding for the sale, lease, license, exchange or other transfer of the Property or any
portion thereof.
(I.) Title to Property. Seller owns good and marketable fee simple title to the
Property and has the right to convey title to the Property to Purchaser. As a condition to
Closing, title to the Property will be free and clear of all restrictions, liens, encumbrances,
easements and exceptions, UCC financing statements and security interests of every kind
and character, except for the Permitted Exceptions.
(m.) Parties in Possession. There are no parties in possession of any portion
of the Property as lessees, licensees, tenants at sufferance, trespassers or otherwise. No
other person has any right, claim or interest in the Property or any portion thereof, arising
out of adverse possession or prescriptive rights.
(n.) Proffers. Seller has not made any commitments to any governmental or
quasi-governmental authority or agency, utility company, school board, church, or other
religious body, or to any other organization, group or individual, relating to the Property,
that would impose on the Purchaser the obligation to make any contributions of money,
dedications of land, or grants of easements or rights of way, or to construct, install or
maintain any improvements, public or private, on the Property.
Seller agrees to indemnify and hold the Purchaser harmless from any loss or damage
suffered by the Purchaser on account of the untruth or incorrectness of any such
representations and warranties. All of Seller's representations and warranties shall survive
any inspection or investigation made by or on behalf of Purchaser and shall survive for one
year after the Closing.
16. Purchaser's Representations and Warranties. Purchaser represents and
warrants to Seller that the following statements are true and correct and Seller's obligation to close
shall be conditioned on the same being true as of the Closing Date:
(a.) Duly Empowered. Purchaser has all requisite power and authority to
execute, deliver and perform this Agreement and each of the documents executed and
First Presbyterian PSA
3.18.24(SRW) 12
delivered by Purchaser. This Agreement is a valid and binding obligation of Purchaser,
enforceable against Purchaser in accordance with its terms.
(b.) Duly Authorized. The execution and delivery and performance of this
Agreement by Purchaser has been duly and validly authorized by all necessary action on
the part of Purchaser and all required consents and approvals have been obtained.
(c.) Consents. The execution by Purchaser of this Agreement and the
consummation by Purchaser of the transactions contemplated hereunder will not violate or
result in a breach of or constitute a default under any provision of any contract, lien,
instrument, order,judgment, ordinance, regulation or other restriction of any kind to which
Purchaser or the Property is or may be bound or affected.
17. Further Assurances. In addition to the foregoing, the parties hereto, at the time
and from time to time at or after Closing, upon request of Purchaser or of the Seller, as the case
may be, agree to do, execute, acknowledge and deliver all such further deeds, assignments,
transfers, conveyances, authorizations, filings, consents and assurances, as may be reasonably
required for: (a) the better assigning, transferring, granting, conveying, assuring and confirming
unto the Purchaser all of the applicable Seller's right, title and interest in and to the Property to be
conveyed hereunder; and (b) the effective consummation of any other transactions referred to in
this Agreement.
18. Inspector General and Public Records. Seller represents that:
17.1 Inspector General. Seller is aware that the Inspector General of Palm Beach
County has the authority to investigate and audit matters relating to the negotiation and
performance of this Agreement,and may demand and obtain records and testimony from the Seller
and its agents. Seller understands and agrees that in addition to all other remedies and
consequences provided by law,the failure of Seller or its agents to fully cooperate with the Inspector
General when requested may be deemed by the Purchaser to be a material breach of this
Agreement justifying its termination and a return of any deposit made by Purchaser.
17.2 Public Records. Seller shall comply with Chapter 119, Florida Statutes, regarding
public records. Seller shall keep and maintain all documents, records, correspondence, computer
files, emails, and/or reports prepared in relation to this Agreement. A request to inspect or copy
public records relating to this Agreement must be made directly to the Purchaser. If the Purchaser
does not possess the requested records, the Purchaser shall immediately notify the Seller of the
request, and the Seller shall provide the records to the Purchaser or allow the records to be
inspected or copied within a reasonable time at the cost that would not exceed the cost allowed by
law. All records stored electronically must be provided to the Purchaser, upon request, in a format
that is compatible with the information technology systems of the Purchaser. Upon completion of
the Agreement, Seller shall transfer, at no cost, to the Purchaser all public records in possession
of Seller or Seller shall keep and maintain all public records. If Seller keeps and maintains public
records after closing, the Seller shall meet all applicable requirements for retaining public records.
If Seller transfers all public records to the Purchaser upon completion of the Agreement, the Seller
shall destroy any duplicate public records that are exempt or confidential and exempt from public
records disclosure requirements. Seller shall ensure that public records that are exempt or
confidential and exempt from public records disclosure are not disclosed. Records that are exempt
or confidential and exempt from public records disclosure requirements may include plans,
drawings and records related to the physical security of Purchaser buildings or security systems
and shall not be disclosed by Seller, except as authorized by law and specifically authorized by
Purchaser. If Seller does not transfer the records to the Purchaser after closing, Seller shall ensure
that exempt and confidential records are not disclosed. If Seller transfers all public records to the
Purchaser after closing, the Seller shall destroy any duplicate public records that are exempt or
confidential and exempt from public records disclosure requirements. Failure of the Seller to
provide public records to the Purchaser within a reasonable time or allowable cost may be subject
to penalties under Sec. 119.10, Florida Statutes, and may be cause for termination of the
First Presbyterian PSA
3.18.24(SRW) 13
Agreement by the Purchaser and a return of the deposit in addition to any other remedies available
under the Agreement or by law.
IF THE SELLER HAS QUESTIONS REGARDING THE APPLICATION OF
CHAPTER 119, FLORIDA STATUTES, TO THE SELLER'S DUTY TO
PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT,
CONTACT THE PURCHASER CLERK, WHO IS THE PURCHASER'S
CUSTODIAN OF PUBLIC RECORDS, AT:
Office of the City Clerk
City of Boynton Beach
100 East Ocean Avenue
Boynton Beach, FL 33435
561-742-6061
CityClerk a( ..bbfl.us
19. Sovereign Immunity. Except to the extent sovereign immunity may be deemed
waived by entering into this Agreement, nothing herein is intended to serve as a waiver of sovereign
immunity by Purchaser nor shall anything included herein be construed as consent by Purchaser
to be sued by third parties in any matter arising out of this Agreement.
20. Captions and Headings. Captions and Article headings contained in this
Agreement are for convenience and reference only and in no way define, describe, extend or limit
the scope or intent of this Agreement nor the intent of any provision hereof.
21. No Waiver. No waiver of any provision of this Agreement shall be effective unless
it is in writing, signed by the party against whom it is asserted and any such written waiver shall
only be applicable to the specific instance to which it related and shall not be deemed to be a
continuing or future waiver.
22. Counterparts. This Agreement may be executed in one or more counterparts,
each of which shall be deemed to be an original but all of which shall constitute one and the same
agreement.
23. Assignment. This Agreement may not be assigned by either party without the
prior written consent of the other party,which may be granted or withheld at such other party's sole
and absolute discretion.Any attempted assignment, mortgage, pledge, encumbrance or subletting
without such consent shall be null and void, without legal effect and shall constitute a breach of this
Agreement. This provision shall be construed to include a prohibition against any assignment, by
operation of law, legal process, receivership, bankruptcy, or otherwise, whether voluntary or
involuntary.
24. Binding Effect. This Agreement shall inure to the benefit of and shall be binding
upon the parties hereto and their respective heirs, personal representatives, successors and
assigns.
25. Governing Law. This Agreement shall be construed and interpreted according to
the laws of the State of Florida.
26. Gender. All terms and words used in this Agreement, regardless of the number
and gender in which used, shall be deemed to include any other gender or number as the context
or the use thereof may require.
27. Interpretation. This Agreement shall not be construed more strictly against one
party than against the other merely by virtue of the fact that it may have been prepared by counsel
for one of the parties, it being recognized that Seller and Purchaser have contributed substantially
and materially to the preparation of this Agreement.Wherever used in this Agreement, "any"means
"any and all"; and"including"each are without limitation;"indemnify"that the indemnitor will defend,
First Presbyterian PSA
3.18.24(SRW) 14
indemnify and hold the indemnitee harmless against any claims, demands, losses or liabilities
asserted against or incurred by the indemnitee to any third party because of the subject matter of
the indemnity;"may not"and other negative forms of the verb"may"each are prohibitory;and"will",
"must" and "should"each are mandatory. Unless this Agreement expressly or necessarily requires
otherwise (i) any time period measured in "days" means consecutive calendar days, except that
the expiration of any time period measured in days that expires on a Saturday, Sunday or legal
holiday automatically will be extended to the next day so that it is not a Saturday, Sunday or legal
holiday; (ii) any action is at the sole expense of the party required to take it; (iii) the scope of the
indemnity includes any costs and expenses, including reasonable attorneys'fees through all levels
of proceedings incurred in defending any indemnified claim, or in enforcing the indemnity, or both.
28. Entire Agreement. This Agreement and the exhibits attached hereto contain the
entire agreement between the parties. There are no promises, agreements, conditions,
undertaking, warranties or representations, oral or written, express or implied between the parties
other than as herein set forth. No amendment or modification of this Agreement shall be valid unless
the same is in writing and signed by the parties hereto. No waiver of any of the provisions of this
Agreement or any other agreement referred to herein shall be valid unless in writing and signed by
the party against whom enforcement is sought.
29. Time of the Essence. Time is of the essence in respect to this Agreement.
30. Venue. Purchaser and Seller agree that the venue for any legal matters arising out
of or in connection with this Agreement shall exclusively in the courts of Palm Beach County,
Florida.
31. Attorneys' Fees. In connection with any litigation including appellate proceedings
arising out of this Agreement, the prevailing party shall be entitled to recover from the losing party
its reasonable attorneys' fees and costs incurred in enforcing its rights and remedies hereunder,
including costs of collection prior to instigating litigation.
32. Waiver of Jury Trial. Purchaser and Seller waive the right to a trial by jury in any
action or proceeding based upon, or related to, the subject matter of this agreement. This waiver
is knowingly, intentionally, and voluntarily made by each party and each party expressly
acknowledges that neither the other party nor any person acting on behalf of the other party has
made any representations of fact to include this waiver of trial by jury or in any way to modify or
nullify its effect. Each party acknowledges to the other that it has read and understands the meaning
and effect of this waiver provision.
First Presbyterian PSA
3.18.24(SRW) 15
IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement, as of the
date set forth below.
ATTEST. PURCHASER:
BL 1 01_ CITY OF BOYNTON BE• 'H
ity Jerk By: /� 4' 24 702 N
` ..rserga
BE4 `��
��? �pT.... Ox,‘i►' Dated: t 0202-01
o� �� ��0 ►i► City Attorney's Office
O'S'' • $ Approv d for form nd`le ality
'% •••••.....
WITNESSES: SELLER:
FIRST PRESBYTERIAN CHURCH OF BOYNTON
H, FLO DA INC.
By: IAriz By:
Print Na C� M Print Name: }� 1 l5 04-mac Vl��
— �i
1 �
• Title:c yo'kE,, C pi } 5- Q� �-�l(<
By: !
,, Dated: taw',' b r 7 3
Print Name: p6b Grieft49.11p.
Escrow Agent hereby agrees to hold and disburse the Deposit in accordance with and subject to
the provisions of the foregoing Agreement for Sale and Purchase of Real Property.
ESCROW A?ENT
By:
PIP
on.-TName: 54•c,QlevArt,r- (Jen.-
Title:
itle: Mh P-0rn
Date: II 1 ► e
First Presbyterian PSA
3.18.24(SRW) 16
EXHIBIT A
LEGAL DESCRIPTION
A portion of that certain real property located at 235 SW 6th Avenue, Boynton Beach,
Florida 33435, consisting of approximately .5895 acres of unimproved vacant land.
Parcel Control Number: A portion of 08-43-45-28-27-000-0044
Subject •ortion of the proutlined in bold below:
p• i
z
SW 5th Ave • E
. II ti it , - . ,Th.,,,.: 1
ii 1
t link 4,
kp . p 1 11.1r
i ,,0 0
5th L ',',1,1 ,—
c ;A,1
nq L
„ ( 4 tY
illitriKt
..----:.--4‘
l .r Al Fk
a
'Er
It 11
w SW Bit1 A.
P iSW 6th Ave s t
iiii„ f P. if iritablNi 4 • 14 A
_ 1
i t Ilip i Aa. ' i
. ,
IP 0
i..., ..
*Legal description to be used in deed to be determined by survey prior to closing.
First Presbyterian PSA
3.18.24(SRW) 17
EXHIBIT B
SELLER'S DISCLOSURE OF BENEFICIAL INTERESTS
(REQUIRED BY SECTION 286.23, FLORIDA STATUTES)
TO: MAYOR, CITY OF BOYNTON BEACH
STATE OF FLORIDA
COUNTY OF PALM BEACH
BEFORE ME, the undersigned authority, this day personally appeared,
, hereinafter referred to as "Affiant", who being by me first
duly sworn, under oath, deposes and states as follows:
600e�0.-1- 72�su-ctt.�
1. Affiant is the praD5ro�+'�D Gt+gCz-v_ (position - i.e. president, partner, trustee)
of First Presbyterian Church of Boynton Beach, Florida, Inc., (the"Owner")which entity is the owner
of the real property located at 235 SW 6th Street, Boynton Beach, FL, legally described in the
Purchase and Sale Agreement associated herewith. (the "Property").
2. Affiant's address is L405 aJi VG
tryLT t.p..J Tys.�A ort,. _ . �'3'Ljo k
3. Attached hereto as Schedule "A" is a complete listing of the names and
addresses of every person or entity having a five Percent (5%) or greater beneficial interest in the
Owner and the percentage interest of each such person or entity.
4. Affiant acknowledges that this Affidavit is given to comply with Florida Statutes
286.23 and will be relied upon by the City of Boynton Beach in its purchase of the Property.
5. Affiant further states that Affiant is familiar with the nature of an oath and with the
penalties provided by the laws of the State of Florida for falsely swearing to statements under oath.
6. Under penalty of perjury, Affiant declares that Affiant has examined this Affidavit
and to the best of Affiant's knowledge and belief it is true, correct, and complete.
FURTHER AFFIANT SAYETH NAUGHT.
D- ,Affiant
(Print Affiant Name)
On this I-- day of '.'- f61-r--- , 2024,the foregoing instrument was sworn
to and subscribed before me by means ofLTJ' ysysical presence or ❑ online notarization , by ❑
, as 6014 .(P-t".. 1,14.64M -9-+.its , for
Firxt Presbyterian Church of Boynton Beach, Florida, Inc. G-F>v.4-4,—
rsonally Known OR
❑ Produced Identification-Type of Identification P •d ed
1
[SEAL] Notary Public Signature
ilirewargaNdllhaawdhodholor
I � r►y','•. SANDRA!.FIGUEREDO I Print Na e: �✓dN D✓L� 'r-�G..� ILF�-�
f `.\ Notary Public-State of Florida
t My C mmission#les Feb 36715821Commission number: �' 31i?-(5g,
Bonded through National Notary Assn.
AlimeimmaimmommumumwmPutimmormywom
First Presbyterian PSA
3.18.24(SRW) 18
SCHEDULE A TO BENEFICIAL
INTERESTS IN PROPERTY
Name Address Percentage of Interest
Seller is only required to identify five percent(5%)or greater beneficial interest holders. If none, so
state. Seller must identify individual owners. If, by way of example, Seller is wholly or partially
owned by another entity, such as a corporation, Seller must identify such other entity, its address
and percentage interest, as well as such information for indiv.al owners of such other entity.
1\)% /5Ar it,c6%c-+ u.ct�' s . —
First Presbyterian PSA
3.18.24(SRW) 19