R25-250 RESOLUTION NO. R25-250
1 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON
2 BEACH, FLORIDA, APPROVING AN INTERLOCAL AGREEMENT
3 BETWEEN THE CITY AND THE BOYNTON BEACH COMMUNITY
4 REDEVELOPMENT AGENCY FOR 670 OAK STREET PURCHASE AND
5 DEVELOPMENT PARTNERSHIP; AND FOR ALL OTHER PURPOSES.
6
7 WHEREAS, the current owner("Seller") of the property located at 670 Oak Street, Boynton
8 Beach, FL (the "Property") has offered to sell the Property to the City to be used as a public park;
9 and
10 WHEREAS, the Property is located within the Boynton Beach Community Redevelopment
11 Agency ("CRA") District, and more specifically within the Federal Highway District; and
12 WHEREAS, the 2016 Boynton Beach Community Redevelopment Plan (the "Plan") calls for
13 the CRA to create, improve, and promote the public waterfront areas and public open spaces,
14 parks, greenways, blueways, and bikeways; and
15 WHEREAS, the Plan calls for the CRA to encourage public waterfront access within the
16 Federal Highway District; and
17 WHEREAS, the City desires to develop the Property as a public park; and
18 WHEREAS, the City and the CRA desire to collaborate to acquire and develop the Property
19 for the benefit of the public, the enhancement of property values within the CRA District, and the
20 prevention of slum and blight; and
21 WHEREAS, the City and the CRA find that this Agreement serves a municipal and public
22 purpose, and is consistent with and in furtherance of the Community Redevelopment Plan and
23 the requirements of Chapter 163, Florida Statutes; and
24 WHEREAS, the City Commission, upon the recommendation of staff, has deemed it in the
25 best interests of the City's citizens and residents to approve an Interlocal Agreement between the
26 City and the Boynton Beach Community Redevelopment Agency for 670 Oak Street Purchase and
27 Development Partnership.
28
29 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON
30 BEACH, FLORIDA, THAT:
31 SECTION 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as
RESOLUTION NO. R25-250
32 being true and correct and are hereby made a specific part of this Resolution upon adoption.
33 SECTION 2. The City Commission of the City of Boynton Beach, Florida, does hereby
34 approve an Interlocal Agreement between the City and the Boynton Beach Community
35 Redevelopment Agency for 670 Oak Street Purchase and Development Partnership (the
36 "Agreement"), in form and substance similar to that attached as Exhibit A.
37 SECTION 3. The City Commission of the City of Boynton Beach, Florida, hereby
38 authorizes the Mayor to execute the Agreement. The Mayor is further authorized to execute any
39 ancillary documents required under the Agreement or necessary to accomplish the purposes of
40 the Agreement, including any term extensions as provided in the Agreement, provided such
41 documents do not modify the financial terms or material terms.
42 SECTION 4. Upon full execution of the Interlocal Agreement, the Interlocal Agreement
43 shall be filed with the Clerk of the Circuit Court of Palm Beach County, Florida, as required by
44 section 163.01(11), Florida Statutes, for interlocal agreements.
45 SECTION 5. This Resolution shall take effect in accordance with the law.
46
47
48
49 [SIGNATURES ON THE FOLLOWING PAGE]
50
RESOLUTION NO. R25-250 -
51 PASSED AND ADOPTED this � day of 3Pn--`PA Y\ber 2025.
r
52 CITY OF BOYNTON BEACH, FLORIDA
53 YES NO
54 Mayor- Rebecca Shelton ►/
55
56 Vice Mayor-Woodrow L. Hay 1/
57
58 Commissioner-Angela Cruz
59
60 Commissioner-Thomas Turkin
61 V
62 Commissioner-Aimee Kelley
63
64 VOTE < -CD
65 AT EST: I
66 �.1� i•
.._____-
67 / _V-
68 Maylee l e Je u , MPA, M C _N BEACy‘.‘ ecca Shelton
69 City Clerk ;"�0;• ""
•••. Mayor
70 It
71 S m 2. ,w Qo ry0 ; !j APPROVED AS TO FORM:
72 (Corporate Seal) o�o • C3(i- 0) •e= •' Azeitti ce)76
73 ���! ( ~ .**,0 .
74
75 %,```' ,---'. Shawna G. Lamb
76 City Attorney
CFN DF-20251024800003
RECORDED 10/24/2025 3:44 PM
Palm Beach County,Florida
Michael A.Caruso
CLERK&COMPTROLLER
Pgs:-;(7pgs)
INTERLOCAL AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND
THE BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY FOR 670 OAK
STREET PURCHASE AND DEVELOPMENT PARTNERSHIP
THIS AGREEMENT ("Agreement") is made this 9th day of October, 2025, by and
between the CITY OF BOYNTON BEACH, a Florida municipal corporation, (hereinafter
referred to as the "City"), and the BOYNTON BEACH COMMUNITY REDEVELOPMENT
AGENCY, a public body corporate and politic, duly created and operated pursuant to Chapter
163, Florida Statutes(hereinafter referred to as the "CRA").The City and CRA may be referred to
herein individually as a"Party"and collectively as the"Parties."
WITNESSETH:
WHEREAS, the current owner ("Seller") of the property located at 670 Oak Street,
Boynton Beach, FL (the "Property") has offered to sell the Property to the City to be used as a
public park; and
WHEREAS,the Property is located within the CRA District,and more specifically within
the Federal Highway District; and
WHEREAS,the 2016 Boynton Beach Community Redevelopment Plan(the"Plan")calls
for the CRA to create, improve and promote the public waterfront areas and public open spaces,
parks, greenways,blueways and bikeways; and
WHEREAS, the Plan calls for the CRA to encourage public waterfront access within the
Federal Highway District;and
WHEREAS, the City desires to develop the Property as a public park;and
WHEREAS, the City and the CRA desire to collaborate to acquire and develop the
Property for the benefit of the public,the enhancement of property values within the CRA District,
and the prevention of slum and blight;
WHEREAS,the City and the CRA find that this Agreement serves a municipal and public
purpose, and is consistent with and in furtherance of the Community Redevelopment Plan and the
requirements of Chapter 163, Florida Statutes.
NOW, THEREFORE, in consideration of the mutual covenants and promises herein
contained,the Parties agree as follows:
1. Recitations.The recitations set forth above are hereby incorporated herein.
2. Funding. The CRA shall provide funding to the City in an amount not to exceed
$7,100,000 in total (the "Funds") for the purchase of the Property within 45 days of the
City's entry into a written purchase and sale agreement with the Seller for the purchase of
the Property(the"PSA").The Funds may be used towards closing costs and due diligence.
Within 30 days of the City taking title to the Property, the City shall provide the CRA with
copies of the closing documents, invoices, and related documentation evidencing the use
Page 1 of 4
49361975-5108,v.2
RECORDED
OCT 2 4 2025
INTERLOCAL AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND
THE BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY Bnlik JTY,FL
STREET PURCHASE AND DEVELOPMENT PARTNERSHIP
THIS AGREEMENT ("Agreement") is made this 9th day of October, 2025, by and
between the CITY OF BOYNTON BEACH, a Florida municipal corporation, (hereinafter
referred to as the "City"), and the BOYNTON BEACH COMMUNITY REDEVELOPMENT
AGENCY, a public body corporate and politic, duly created and operated pursuant to Chapter
163, Florida Statutes(hereinafter referred to as the"CRA").The City and CRA may be referred to
herein individually as a"Party"and collectively as the"Parties."
WITNESSETH:
WHEREAS, the current owner ("Seller") of the property located at 670 Oak Street,
Boynton Beach, FL (the "Property") has offered to sell the Property to the City to be used as a
public park; and
WHEREAS,the Property is located within the CRA District, and more specifically within
the Federal Highway District; and
WHEREAS,the 2016 Boynton Beach Community Redevelopment Plan(the"Plan")calls
for the CRA to create, improve and promote the public waterfront areas and public open spaces,
parks, greenways,blueways and bikeways; and
WHEREAS, the Plan calls for the CRA to encourage public waterfront access within the
Federal Highway District; and
WHEREAS,the City desires to develop the Property as a public park; and
WHEREAS, the City and the CRA desire to collaborate to acquire and develop the
Property for the benefit of the public,the enhancement of property values within the CRA District,
and the prevention of slum and blight;
WHEREAS,the City and the CRA find that this Agreement serves a municipal and public
purpose, and is consistent with and in furtherance of the Community Redevelopment Plan and the
requirements of Chapter 163, Florida Statutes.
NOW, THEREFORE, in consideration of the mutual covenants and promises herein
contained, the Parties agree as follows:
1. Recitations. The recitations set forth above are hereby incorporated herein.
2. Funding. The CRA shall provide funding to the City in an amount not to exceed
$7,100,000 in total (the "Funds") for the purchase of the Property within 45 days of the
City's entry into a written purchase and sale agreement with the Seller for the purchase of
the Property(the"PSA"). The Funds may be used towards closing costs and due diligence.
Within 30 days of the City taking title to the Property,the City shall provide the CRA with
copies of the closing documents, invoices, and related documentation evidencing the use
Page 1 of 4
4936-1975-5108.V.2
of the Funds and shall return any unused portion of the Funds to the CRA. The City shall
return the Funds to the CRA within 45 days and this Agreement shall automatically
terminate upon such refund if either of the following conditions are met:
a. The City's purchase of the Property fails to occur within 1 year of the Effective
Date(defined below), or
b. At any time prior to one year from the Effective Date, the Seller and the City
terminate the PSA, and the City and Seller do not enter into another purchase and
agreement whose terms are acceptable to the CRA within 45 days of termination.
3. Development. The City shall:
a. Develop the Property as a public park, open to the public, which may include
construction of improvements (including restaurants or other economic drivers)
that are open to the public.
b. Secure site plan approval in furtherance of such development within 6 years of the
Effective Date.
4. Obligations of the CRA, Indemnification. The CRA's responsibilities under this
Agreement are limited to providing the Funds and complying with the provisions of this
Agreement concerning public records.Therefore,the CITY shall indemnify,save,and hold
harmless the CRA, its agents, and its employees from any liability, claim, demand, suit,
loss,cost,expense or damage which may be asserted,claimed,or recovered against or from
the CRA, its agents, or its employees, by reason of any property or other damages or
personal injury, including death, sustained by any person whomsoever, which damage is
incidental to, occurs as a result of, arises out of, or is otherwise related to the negligent or
wrongful conduct of persons or the faulty equipment(including equipment installation and
removal) associated with the Project, including the development, ownership, entry upon,
and use of the Property by any person for any purpose. Nothing in this Agreement shall be
deemed to affect the rights, privileges, and sovereign immunities of the CRA or the CITY
as set forth in Section 768.28, Florida Statutes. This paragraph shall not be construed to
require the CITY to indemnify the CRA for CRA's own negligence, or intentional acts of
the CRA, its agents or employees.
5. Term.This Agreement shall become valid and commence upon execution by the last party
to this Agreement("Effective Date"). This Agreement shall be in effect from the Effective
Date and, unless earlier terminated pursuant to the terms of this Agreement, shall
automatically terminate upon the earlier of:
a. If the duly approved site plan for the Property contains improvements,that date that
occurs one year after the City has received a final Certificate of Occupancy, or
equivalent approval, for the last of the improvements;
Page 2 of 4
4936-1975-5108, v.2
b. If the duly approved site plan for the Property contains no improvements, that date
that occurs one year from the Property being opened to the public and thereafter
remaining in continuous public use;
c. The City's disposal of the Property, in which case the City shall refund an amount
equivalent to the Funds or the amount received for the City's disposal of the
Property, whichever is less, to the CRA within 45 days of such disposal, provided
however, if the City disposes of the Property it shall make a good faith effort to
secure fair market value from such disposal in order to reasonably compensate the
CRA;
d. Six years from the Effective Date if the City has failed to secure site plan approval
for the entirety of the Property, or failed to open the Property for use by the public
as a public park, in which case the City shall refund the Funds to the CRA within
45 days; or
e. Four years from the date of site plan approval if the Property has not been
developed.
6. Public Records. The City and the CRA each shall maintain their own records and
documents associated with this Agreement in accordance with the requirements set forth
in Chapter 119, Florida Statutes. All such records shall be adequate to justify all charges,
expenses, and costs incurred in accordance with generally accepted accounting principles.
Each Party shall have access to the other party's books,records and documents as required
in this Agreement for the purpose of inspection or audit during normal business hours
during the term of this Agreement and at least one year after the termination of the
Agreement.
7. Filing. The City shall file this Agreement pursuant to the requirements of Section
163.01(11), Florida Statutes.
8. Sovereign Immunity. Nothing in this Agreement shall be deemed to affect the rights,
privileges,and sovereign immunities of the CRA or the City as set forth in Section 768.28,
Florida Statutes.
9. Severability. The validity of any portion, article, paragraph, provision, clause, or any
portion thereof of this Agreement shall have no force and effect upon the validity of any
other part of portion hereof. To that end, this Agreement is declared severable.
10. No Third-Party Beneficiaries. No provision of this Agreement is intended to, or shall be
construed to, create any third-party beneficiary or to provide any rights to any person or
entity not a party to this Agreement, including but not limited to any citizen or employees
of the City or the CRA.
Page 3 of 4
4936-1975-5108, v.2
11. No Assignment. The Parties may not transfer or assign this Agreement in whole or in part,
without prior written consent of the other, which may be granted or withheld at the other
Party's absolute discretion.
12. Governing Law; Venue. This Agreement shall be governed by and in accordance with the
Laws of Florida. The venue for any action arising from this Agreement shall be in Palm
Beach County, Florida.
IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed on the
day and year written below.
Boynton Beach
C nity Redevelopment Agency
ATTEST: • . / , By:
I - 1bLI6L/LI11
Print Name:
Title: e_jittlit(
Date: 'S&k n, ( N, x25
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
By: ,.
Attorney
ncTh
ty of Boynt Beach, Florida
.
ATTE « -� By: 14
Print IVme: �P C('g_ vq'\11,1'1-0n
Title: ,rc•('
Date: �; 4r(\icfQ,( 0,
APPROVED AS TO FORM AND
LEGAL S FICIENCY: �ON BF "‘
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By: E4‘ &416 GRATE
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City Attorney p ° 'P�kO'
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Page 4 of 4
4936-1975-5108,v.2