R08-080
II
1 RESOLUTION R08- oeo
2
3 A RESOLUTION OF THE CITY COMMISSION OF THE
4 CITY OF BOYNTON BEACH, FLORIDA, RESCINDING
5 RESOLUTION ROS-176; AUTHORIZING EXECUTION
6 OF A RELEASE OF LIEN ON PROPERTY FORMERLY
7 KNOWN AS BOYNTON TERRACE AP ARTMENTS
8 AND CURRENTLY THE SUBJECT OF THE OCEAN
9 BREEZE REDEVELOPMENT PROJECT AND
10 PROVIDING AN EFFECTIVE DATE.
11
12 WHEREAS, the City Commission heretofore authorized the assessment of costs of
13 abatement of certain nuisances against the owners of the property commonly referred to as
14 the Boynton Terrace Apartments; and
15 WHEREAS, the City subseq uentl y entered into a Lien Assignment and
16 Subordination Agreement which by its terms provided for the City's assignment to the CRA
17 of the Demolition Lien dated October 18,2005 which was recorded on December 13, 2005 in
18 Official Record Book 19662, Page 0893 of the Public Records of Palm Beach County,
19 Florida; and
20 WHEREAS, the City Commission has determined that it is in the best interest of the
21 City to support the redevelopment of the property as contemplated by the Boynton Beach
22 Community Redevelopment Agency and in furtherance of the Agency's agreement which
23 upports the Ocean Breeze redevelopment project.
24 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
25 HE CITY OF BOYNTON BEACH, FLORIDA, THAT:
26 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as
27 eing true and correct and are hereby made a specific part of this Resolution upon adoption.
28 Section 2. The City Commission of the City of Boynton Beach, Florida does hereby
29 escind City of Boynton Beach Resolution R-05-176 in its entirety.
\CA\RESO\Agreements\Release of Demo lien (Boynton Terrace) amended.doc
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1 Section 3. The City Commission of the City of Boynton Beach hereby releases its
2 interest, if any, in the Demolition Lien dated October 18,2005 and recorded on December 13,
3 2005 in Official Record Book 19662, Page 0893 of the Public Records of Palm Beach County,
4 Florida from the properties listed in Exhibit "A" to a Partial Release of Lien document, the form
5 of which shall be approved by the City Attorney.
6 Section 4. The City Commission of the City of Boynton Beach hereby releases any
7 enforcement interest it retained under the terms of the Lien Assignment and Subordination
8 Agreement dated August 9, 2006 and recorded on August 23, 2006 in Official Record Book
9 20768, Page 0938 of the Public Records of Palm Beach County, Florida.
10 Section 5. The Mayor and City Clerk are authorized to execute the Partial Release of
11 Lien following approval of the form of that document by the City Attorney.
12 Section 6. This Resolution will become effective immediately upon passage.
13 PASSED AND ADOPTED this I!) day of July, 2008.
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20 Vic~r-Jose 'gu~
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22 ff-~~;_ -,-' .' ?'"' .'
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23 Commi~ioner ~ Ronald Weiland
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26 Commis~ner- Woodrow L/
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29 J Commissioner - Marlene Ross
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31 /U.'U>t1-l.fr'
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THIS INSTRUMENT f(08' -oi-o
PREPARED BY/RETURN TO:
JOSE L. LORENZO, ESQUIRE
J.L. LORENZO, P.A.
25 Seabreeze Avenue
Delray Beach, Florida 33483
(56 I) 276-8100
PARTIAL RELEASE OF LIEN
WHEREAS, the CITY OF BOYNTON BEACH, FLORIDA (the "City") by Resolution No.
05-176 dated October 18, 2005, and recorded December 13, 2005 in the office of the Clerk of the
Circuit Court of Palm Beach County, Florida, in Official records Book 19662, Page 0893, placed
a 1 i en (the" Original Li en ")upon the premi ses described below to secure the payment of costs incurred
by the City in the abatement ofa nuisance existing upon such land; and
WHEREAS, the Original Lien was subsequently assigned to the Boynton Beach Community
Redevelopment Agency (the "CRA") by a Lien Assignment and Subordination Agreement dated August
9,2006, and recorded August 23, 2006 in the office ofthe Clerk afthe Circuit Court of Palm Beach
County, Florida, in Official records Book 20768, Page 0938 (the "Assignment"), with the City
retaining certain rights to recover costs (the Original Lien and the Assignment shall hereinafter be
collectively referred to as the "Lien";
WHEREAS, the Property Owner has requested that the City and the CRA release the premises
hereinafter described and its respective owner(s) from the lien and all related rights, obligations,
indebtedness and encumbrances.
NOW, THEREFORE, the City and theCRA, in consideration often dollars and other valuable
consideration, paid to said holder(s), does hereby release and discharge the following-described
property located in Palm Beach County, Florida, and its respective owner(s) from the Lien, and from
all rights, obligations, indebtedness and encumbrances whatsoever, which gave rise to or may have
been associated with the Lien:
See Attached Exhibit itA"
Provided, that nothing herein shall in anywise impair, alter or diminish the effect, Lien or encumbrance
of said Lien on the remaining part of said land not hereby released therefrom or any ofthe rights and
remedies of the holder thereof.
Executed this 61' day of July, 2008.
City of Boynton Beach, Florida
ATTEST:
B&t YYJ. ~)
Boynton Beach Community Redevelopment Agency
BY;~
~~:Name:
STATE OF FLORIDA )
: S8
COUNTY OF PALM BEACH )
BEFORE ME, the undersigned authority, appeared ,,]en'l Tll~ {O r ,as Mayor
of the City of Boynton Beach, Florida who is personally known to me or who has
produced '~cr sDnali~ /Ct'lVWi} as identification, and acknowledged that he/she/they executed the
foregoing instrument or the purposes expressed therein, and who did take an oath.
cruJ'-l WITNESS my hand and seal in the State and County aforesaid, this .:r)1l1 day of
,2008.
~. 1 I I ' ! ry(i!l{
NOTARY PUBL C, Sta ofFlorid&
Print Name:l.{!fYer me Qhe.((~-" }b-er {YO Y}
My Commission Expires:
NOTARY PUBUC.STATE OF FLORIDA
...........,. Catllcnne Cherry-Guberman
lW 1Co~missi()n #DD792144
"'.... ,$ ElC.plres: MAY 27 12012
BQ;mEii TWill A'l'LAlC'l'lQ IONDIIlQ QO~ me.
Exhibit A
Lot~ [1(1. 117. 11 R. 119, HIl, 182, 183 llnd 184, Block C, BOYNTON HILLS, according to the Plat thereof, liS recorded
in Plllt Bool, 4. PIl~C 51, of (he Puhlic R(!cords or Plllm Bench County, Floridn.
Purcelldcntilicntioll Numhcr: lJ8-4J-45-21-lI03-IHiO