R08-058
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2 RESOLUTION NO. R08- 058
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5 A RESOLUTION OF THE CITY COMM SION OF
6 BOYNTON BEACH, FLORIDA, APPR ING THE
7 AGREEMENT BETWEEN THE CITY F BOYNTON
8 BEACH AND THE BOYNTON BEAC COMMUNITY
9 REDEVELOPMENT AGENCY FOR ONVEYANCE OF
10 THE OLD HIGH SCHOOL BAC TO THE CITY OF
11 BOYNTON BEACH; AND PROV ING AN EFFECTIVE
12 DATE. ~
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15 S, on October 5, 20ZCitY Connnission of the City of Boynton Beach
16 approved and authori d an Agreement r the City to transfer ownership of the Old High School
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18 the previous agreement desire to return ownership of the Old
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20 City of Boynton Beach, upon recommendation
21 of staff, deems i to be in the best interests of the re . ents and citizens of the City of Boynton
22 Beach to prove the Agreement between the City of oynton Beach and Boynton Beach
~ Comm ity Redevelopment Agency returning ownership of the ld High School building from
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'l. ~ /0 25 NOW, THEREFORE, BE IT RESOLVED BY THE CITY CO
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If) CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. Each Whereas clause set forth above is true and correct and incorporated
28 herein by this reference.
29 Section 2. The City Commission of the City of Boynton Beach, Florida does hereby
30 approve the Agreement between the City of Boynton Beach and the Boynton Beach Community
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1 Redevelopment Agency returning ownership of the Old High School building to the City of
2 Boynton Beach, a copy of said Agreement is attached hereto as Exhibit "A".
3 Section 3. That this Resolution shall become effective immediately up-
4 PAS ED AND ADOPTED this _ day of
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6 CITY OF BOYNTON EACH, FLORIDA
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22 ATTEST:
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26 Janet M. P. ainito, CMC
27 City CI
28 y.~tP
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AGREEMENT BETWEEN CITY OF BOYNTON BEACH ("CITY") AND
THE BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY
("CRA") RESCINDING THE PREVIOUS AGREEMENT_REGARDING
THE OLD HIGH SCHOOL
This Agreement (hereinafter "Agreement") is made the
2008, between the CITY OF BOYNTON BEACH, a
located in Palm Beach County, Florida (hereinafter "CITY") and BOYN
COMMUNITY REDEVELOPMENT AGENCY, a public agency created
163, Part III, of the Florida Statutes (hereafter "CRA"), each one cons' uting a public agency as
defined in Part I of Chapter 163, Florida Statutes.
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RECITALS
WHEREAS, on October 5, 2005, the Y and CRA entered into an Agreement
transferring ownership of the Old High Sc 001 ("School") to the CRA for restoration of the
School; and
agree that the purpose and intent of the prior agreement is
no longer feasible. The part" s agree to rescind the prior agreement and release each other from
the obligations stated t
, the CRA shall transfer sole ownership and control of the School back to the
City and w be relieved of any responsibility for the maintenance, adaptive re-use, insurance,
leasing and redevelopment of the School.
NOW, THEREFORE, it is agreed and understood by and between the parties hereto as
~ follows:
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SECTION ONE - AFFIRMATIONS
1.1 The foregoing "whereas" clauses are true and correct and
reference.
SECTION TWO - TRANSFER OF OWNERSHIP
2.1 The CRA shall execute a special warranty deed, attached ereto as Exhibit A, in favor of
the City within 30 days of the execution of this Agre
2.2 The special warranty deed will transfer in fee s' pie all rights, title and ownership in the
School back to the City.
SECTION THREE - CONSIDERATION
3.1 The CRA will transfer ownership the School back to the City for the amount of $10.00
and other valuable considerati
SECTION FOUR - APPLICAB
4.1 construed in accordance with the laws of the State of Florida.
5.1 ies hereto are authorized to enforce the terms of this Agreement in a
court of la in Palm Beach County, Florida, and may seek all remedies available at law
and in quity. The prevailing party in such litigation shall be entitled to reasonable costs
an attorneys' fees, including fees incurred through any appeals.
In the event anyone or more of the provisions contained in this Agreement is for any
reason held invalid, illegal or unenforceable in any respect, such invalidity or illegality or
unenforceability will not affect any other provision hereof and this Agreement will be
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construed as if the invalid, illegal or unenforceable provision had never been contained
herein.
SECTION SEVEN - ENTIRE AGREEMENT
7.1 This Agreement constitutes the entire understanding of the parties a
agreements, whether written or oral, are superseded by this Agree nt. Any amendment
of this Agreement must be reduced to writing and executed
both parties.
SECTION EIGHT - RECORDATION
8.1 This Agreement may be recorded in the Publi ecords of Palm Beach County, Florida.
SECTION NINE - BINDING AUTHORITY
9.1 arrants to the other that each party executing this
Agreement on behalf of the C Y and CRA or any representative in that capacity, as
applicable, has full right a lawful authority to execute this Agreement and to bind and
obligate the party for w om or on whose behalf he or she is signing this Agreement.
10.1 This Agreeme shall become effective on the date last signed by the parties.
CITY OF BOYNTON BEACH
By:
By: Jerry Taylor, Mayor
ATTEST:
By:
City Clerk
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This Instrument Prepared By and Return to: /"
James A. Cherof, Esquire /,l:Y
GOREN, CHEROF, DOODY & EZROL, P.A. ff
.Y
3099 East Commercial Boulevard, Suite 200 /
Fort Lauderdale, Florida 33308
Property Appraisers ID #:08-43-45-28-05-014-0020
SPECIAL WARRANTY DEED (Cor: oration)
This Special Warranty Deed is executed this day f May, 2008, by Boynton Beach
Community Redevelopment Agency (CRA), a Florida p. lie body corporate and politic created
pursuant to Section 163.356 F.S, whose post office odress is 915 South Federal Highway,
Boynton Beach, Florida 33435, hereinafter called e Grantor, to City of Boynton Beach, a
Florida municipal corporation, and having its pro cipal place of business at 100 East Boynton
Beach, Boynton Beach, Florida 33435 , hereina er called the Grantee:
(Wherever used herein the terms "Grantor" d "Grantee" shall include singular and plural, legal
representatives, and assigns of individ s, and the successors and assigns of corporations,
wherever the context so admits or requi s.)
Witnesseth, That the Grantor, for a a in consideration of the sum of $10.00, in hand paid by the
said second party, the receipt w reof is hereby acknowledged, hereby grants, bargains, sells,
aliens, remises, releases, conve s and confirms unto the grantee, all that certain land situate in
County of PALM BEACH, S te of Florida, to-wit:
SEE TT ACHED EXHIBIT" A" A TT ACHED HERETO
THIS SPECIAL ARRANTY DEED HAS BEEN PREPARED WITHOUT THE
BENEFIT OF TITLE EXAMINATION
Subject to e sements, restrictions, reservations, and limitations of record, if any.
Toget r with all the tenements, hereditaments and appurtenances thereto belonging or in
any se appertaining.
Have and to Hold the same in fee simple forever.
And the said Grantor will only warrant and forever defend the right and title to the above
described property unto the said Grantee against the claims of those persons claiming by,
through or under Grantor, but not otherwise.
In Witness Whereof, the said grantor has signed and sealed these presents the day and
year first above written.
BOYNTON BEACH COMMUNITY
REDEVELOPMENT AGENCY
A Florida Public Body Corporate
and Politic
By:
Its: Chair
Signed, sealed and delivered in presence of:
(Signature of first witness)
(Printed name of first witness) /
(Signature of second witness) /
(Printed name of second witness)
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STATE OF FLORIDA /
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COUNTY OF PALM BEACH
The foregoing instrument as acknowledged before me this May , 2008 by
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, who has acknowledged himself to be the Chair of the
Boynton Beach Redevelopment Agency, a Florida Public Body Corporate and
Politic, who is known to me or has produced as
identification
Signature of Notary
Printed Name of Notary
My Commission Expires:
My Commission Number:
EXHIBIT "A" I
LEGAL DESCRIPTION
A parcel ofland, being a portion of Lots 4 and 5, Block 14, SWA YER'S ADDI NTO
THE TOWN OF BOYNTON BEACH, according to the plat thereof as reco ed in Plat
Book 1, at Page 69, of the Public Records of Palm Beach County, Flori , being more
particularly described as follows: /
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Commence at the southeast corner of Lot I, Block 14, SA WYER'g/ADDITION TO THE
TOWN OF BOYNTON BEACH, according to the plat there~f/as recorded in Plat Book
I, at Page 69, of the Public Records of Palm Beach Coun)Y; Florida; thence N 890 53'
21" W, along the South line of said Block 14, for a distarJ.e"e of 316.82 feet to the POINT
OF BEGINNING; said South line of Block 14 beingJ:ncident with the North right-of-
way line of Ocean A venue as shown on said plat; ence continue N 890 53' 21" W,
along said North right-of-way line of Ocean Ave ue for a distance of 168.12 feet to a
point; thence N 01044' 07" W, parallel to the E t line of said Block 14, for a distance of
229.64 feet to a point; thence N 890 52' 50" , for a distance of 168.10 feet to a point;
thence SOlo 44' 07" E, parallel to the East . ne of said Block 14, for a distance of 230.31
feet to the POINT OF BEGINNING.
Said lands situate within the City of ynton Beach, Palm Beach County, Florida.
Containing 0.89 acres of land mo or less.
SUBJECT to an ingress, egr s, parking and building structure easement over the North
20 feet thereof; and over t South 209.64 feet of the West 15 feet thereof; and over the
South 65 feet of the East feet thereof, and over the South 30 feet of the West 20 feet of
the East 30 feet thereof
Further SUBJECT the use of the existing concrete slab for air-conditioning equipment
and associated el trical control panel located along the east side of the existing building
structure whic services the adjacent elementary school museum building located to the
east of this s ~ect property.
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