R06-056
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RESOLUTION NO. R06- DS-to
A RESOLUTION OF THE CITY COMMISSION OF
BOYNTON BEACH, FLORIDA, APPROVING THE
INTERLOCAL AGREEMENT BETWEEiN THE CITY OF
BOYNTON BEACH AND THE BOY~TON BEACH
COMMUNITY REDEVELOPMENT ~GENCY FOR
LAND ACQUISITION IN THE OCEANQNE PROJECT;
AND PROVIDING AN EFFECTIVE DA TEj.
WHEREAS, the CRA Board has requested the City <1>f Boynton Beach work with the
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CRA on certain land acquisitions for redevelopment acti~ities in the Federal Highway
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Corridor Community Redevelopment Plan; and
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WHEREAS, the Interlocal Agreement sets the stage fur cooperative work between the
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City and the CRA to facilitate the purchase of property for rel:ieve10pment either by voluntary
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purchase or by eminent domain; and
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WHEREAS, the City Commission of the City of Boynton Beach, upon
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recommendation of staff, deems it to be in the best interests of the residents and citizens of the
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City of Boynton Beach to approve the Interlocal Agreement between the City of Boynton
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Beach and Boynton Beach Community Redevelopment Age~cy outlining the responsibilities
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relating to the Ocean One project.
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NOW, THEREFORE, BE IT RESOLVED BY TlIE CITY COMMISSION OF
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THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
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Section 1.
Each Whereas clause set forth abbve IS true and correct and
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Section 2.
The City Commission of the City 0 Boynton Beach, Florida does
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hereby approve the Interlocal Agreement between the City of Boynton Beach and the Boynton
2 Beach Community Redevelopment Agency outlining the respbnsibilities relating to the Ocean
3 One project, a copy of said Agreement is attached hereto as E~hibit "A".
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Section 3.
That this Resolution shall become effedtive immediately upon passage.
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PASSED AND ADOPTED this ~ day of Fe~ fUOJ't ,2006.
ATTEST:
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CITY OF BOYNTON BEACH, FLORIDA
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RCb-06lo
INTERLOCAL AGREEMENT
THIS IS AN INTERLOCAL AGREEMENT, made and entered into this 3 day of
M~tf , 2006, by and between the BOYNTON BEACH COMMUNITY
REDEVELOPMENT AGENCY, a public agency created pursuant to Chapter 163, Part III of
the Florida Statutes, (hereinafter referred to as "CRA"), with a business address of 639 East
Ocean Avenue, Suite 103, Boynton Beach, Florida 33435, and the CITY OF BOYNTON
BEACH, a Florida municipal corporation, with a business address of 1 00 E. Boynton Beach
Boulevard, P. O. Box 310, Boynton Beach, FL 33425-0310 (hereinafter "CITY").
WHEREAS, the CITY adopted a plan on May 15, 2001, known as the Federal Highway
Corridor Community Redevelopment Plan (the "Plan") to serve two purposes: (1) to update the
existing Community Redevelopment Plan consistent with Chapter 163, Part III, Florida Statutes, in
order to include the recently expanded boundaries of the Community Redevelopment Area proximate
to Federal Highway, north and south of the original CRA area; and (2) to provide recommendations
for projects and programs, including amendments to the adopted future land use plan and zoning
code, to be undertaken by the City to create a catalyst for desired development and redevelopment in
the corridor generally, and in the downtown core specifically"; and
WHEREAS, the City and the CRA find that the Plan is consistent with the mission and
powers of the City and the CRA to engage in redevelopment activities as described in the
Community Redevelopment Act of 1969, as amended; and
WHEREAS, the CRA plans to acquire certain properties within the Plan area, described more
fully within composite Exhibit "A" attached hereto and more specifically described as the "Ocean
One Properties" (the "Properties"); and
WHEREAS, as the result of the CITY having reserved the power of eminent domain to itself
when it formed the CRA, it may be necessary for the City to acquire the Properties through the
process of eminent domain; and
WHEREAS, good faith and diligent efforts will be made to acquire the Properties voluntarily
for redevelopment purposes; and
WHEREAS, if the CITY acquires the Properties through the process of eminent domain for
the CRA as described in Exhibit "A", then the CRA shall pay for all the costs for the property
acquisition including, but not limited to, all litigation expenses, attorneys' fees, expert witness fees
and just compensation paid to any property owner or other interested party; and
WHEREAS, the parties hereto desire to outline the responsibilities relating to the Plan.
NOW THEREFORE, in consideration of the mutual promises and covenants contained
herein, and other good and valuable consideration, the receipt and adequacy of which are
acknowledged, the CRA and the CITY agree as follows:
1.0 Recitals. The foregoing recitals are true and correct and are hereby
incorporated into this Agreement.
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2.0 Responsibilities of the CRA.
2.1 The CRA will use its best efforts to assist the CITY in acquiring the Properties should
such requests be made of the CRA.
2.2 Upon request of the CRA, the CITY may, in its sole and absolute discretion, elect to
file, maintain, prosecute, settle or otherwise dispose of any eminent domain action for the purpose of
acquiring the Properties within the Plan area identified in Exhibit "A".
2.3 Should the CITY acquire such Properties through the process of eminent domain for
the CRA as described in Exhibit "A", then the CRA shall pay for all of the CITY'S costs of said
properties' acquisition including, but not limited to, all litigation expenses, attorneys' fees, expert
witness fees and costs and just compensation paid to any property owner or other interested party.
3.0 Responsibilities of the CITY.
3.1 The CITY, upon the request of the CRA, and in its sole and absolute discretion, may
acquire, elect to file, maintain, prosecute, settle or otherwise dispose of any eminent domain action
for the purpose of acquiring the Properties identified in Exhibit
A".
3.2 The CITY may acquire all of the Properties described III Exhibit "A" either
voluntarily or through the process of eminent domain.
3.3 The CITY agrees that the Properties described in Exhibit "A" shall be transferred to
the CRA for purposes of redevelopment consistent with the Plan.
4.0 Term of Agreement. The term of this Agreement shall begin on the Effective Date
as defined herein and end when:
a. All of the property to be acquired has been acquired and transferred to the CRA; and
b. When the CITY or CRA cease to be the owner of the Property so titled to each entity.
5.0 Severability. If any provision of this Agreement or application thereof to any
person or situation shall to any extent, be held invalid or unenforceable, the remainder of this
Agreement, and the application of such provisions to persons or situations other than those as to
which it shall have been held invalid or unenforceable shall not be affected thereby, and shall
continue in full force and effect, and be enforced to the fullest extent permitted by law.
6.0 Entire Agreement. This Agreement constitutes the entire understanding of the
parties and any previous agreements, whether written or oral, are hereby superseded by this
Agreement. This Agreement may be modified in accordance with paragraph 7.0 below.
7.0 Modification of Agreement. This Agreement may be modified upon mutual consent
of the parties only in writing, and executed with the same dignity herewith.
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8.0 Binding Authority. Each person signing this Agreement on behalf of either party
individually warrants that he or she has full legal power to execute this Agreement on behalf of the
party for whom he or she is signing, and to bind and obligate such party with respect to all provisions
contained in this Agreement.
9.0 Governing Law and Venue. This Agreement shall be governed by the laws of the
State of Florida, with venue lying in Palm Beach County, Florida.
10.0 Remedies. Any and all legal actions necessary to enforce this Agreement will be
conducted in Palm Beach County, Florida. No remedy herein conferred upon any party is intended
to be exclusive of any other remedy, and each and every such remedy given hereunder or now or
hereafter existing at law or in equity or by statute or otherwise. No single or partial exercise by any
party of any right, power or remedy hereunder shall preclude any other or further exercise hereof.
11.0 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.
12.0. Effective Date. This Agreement shall become effective on the date last signed by
the parties.
IN WITNESS OF THE FOREGOING, the parties have set their hands and seals the day
and year first written above.
Signed and Seal and Witnessed
in the presence of:
0W>tA~_
Wi!
.[' Jl4~/J}f}tdJ
Witness
CITY OF BOYNTON BEACH, FL
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ATTEST:
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Signed, sealed and witnessed in the
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Witness RD~ri- \_ 'Rectr-dO~1
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.1\ L' DA G-o N Z- J'\ Lee.. 'Z....
CRA
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/ Chair
Approved as to Form:
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State of Florida
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County of Palm Beach)
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Personally appeared before me duly authorized to administer oaths ./ Y":to me known to be the
qescribed herein a d who executed the foregoing instrument and has acknowledged before me
executed the saIll; 11111/11;/
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EXHIBIT A
Ocean One Properties
Unit 101, FIRST FINANCIAL PLAZA, according to the Declaration of Condominium thereof,
recorded in O.R.B. 3239, Page 714, and all exhibits and amendments thereof, Public Records of
Palm Beach County, Florida, together with an undivided interest in any appurtenant common
elements, as provided for in said Declaration of Condominium.
Unit 102, FIRST FINANCIAL PLAZA, according to the Declaration of Condominium thereof,
recorded in O.R.B. 3239, Page 714, and all exhibits and amendments thereof, Public Records of
Palm Beach County, Florida, together with an undivided interest in any appurtenant common
elements, as provided for in said Declaration of Condominium.
Unit 104, FIRST FINANCIAL PLAZA, together with parking spaces 10 and 70, according to the
Declaration of Condominium thereof, recorded in O.R.B. 3239, Page 714, and all exhibits and
amendments thereof, Public Records of Palm Beach County, Florida, together with an undivided
interest in any appurtenant common elements, as provided for in said Declaration of
Condominium.
Unit 209, FIRST FINANCIAL PLAZA, together with parking spaces 23 and 36, according to the
Declaration of Condominium thereof, recorded in O.R.B. 3239, Page 714, and all exhibits and
amendments thereof, Public Records of Palm Beach County, Florida, together with an undivided
interest in any appurtenant common elements, as provided for in said Declaration of
Condominium.
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