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R08-128 Return to: (enclose self-addressed stamped envelope) , rill 11111 II " II III I! m I' III ~ m l' III ~ I ~ H' ! M Name CF'N :~: :J 0 '] U (I C 0 U :::; . ) OF: HI< :: ~JO L ':: F'I~; () ~::;r:; ~7' Address: RECORDEr :11/O~U:2]t),::' 0.'.\:::13:17 Palm Beach Count~ F lor' ula Sharon R. Bock, G JERK i. CD":PTmU.ER PgB 0587 - '594; (Bpgs '..~ <::) q~ \D :a~ C- ::>> :z c'; T) I tD 1 \D : ,"1;) .< 2 RESOLUTION NO. R08-128 ..." _ ;t: tr) --1 :x _ <;:l 3 - '-> :.:: ..." 4 .. "T'f~tl .z::- -r" 5 A RESOLUTION OF THE CITY COMMISSION OF 0'\ ~ 6 BOYNTON BEACH, FLORIDA, APPROVING THE :c 7 AGREEMENT BETWEEN THE CITY OF BOYNTON 8 BEACH AND THE BOYNTON BEACH COMMUNITY 9 REDEVELOPMENT AGENCY FOR CONVEYANCE OF 10 THE OLD HIGH SCHOOL BACK TO THE CITY OF 11 BOYNTON BEACH; AND PROVIDING AN EFFECTIVE 12 DATE. 13 14 15 WHEREAS, on October 5, 2005, the City Commission of the City of Boynton Beach 16 approved and authorized an Agreement for the City to transfer ownership of the Old High School 17 to the CRA for maintenance, restoration and redevelopment; and 18 WHEREAS, the parties to the previous agreement desire to return ownership of the Old 19 High School to the City of Boynton Beach; and 20 WHEREAS, the City Commission of the City of Boynton Beach, upon recommendation 21 of staff, deems it to be in the best interests of the residents and citizens of the City of Boynton 22 Beach to approve the Agreement between the City of Boynton Beach and Boynton Beach 23 Community Redevelopment Agency returning ownership of the Old High School building from 24 the CRA to the City. 25 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE 26 CITY OF BOYNTON BEACH, FLORIDA, THAT: 27 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 S:\CA\RESO\AgreementSllnterlocal~ILA with CRA (Old High School return to City).doc II I 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 upon passage. 4 PASSED AND ADOPTED this ~ day of ~2008. 5 6 CITY OF BOYNTON BEACH, FLORIDA 7 ~" r 8 9 10 v II 12 13 14 15 16 17 18 19 20 21 22 ATTEST: 23 24 yY). p~ 25 26 M. Prainito, CMC 27 Clerk 28 29 30 31 32 I S.\eAIRESO\AgreementSllnterlocals.ILA with eRA (Old High School return to eity).doc 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 I B.. 1h , day of DeceM 10 e.r 2008, between the CITY OF BOYNTON BEACH, a municipality located in Palm Beach County, Florida (hereinafter "CITY") and BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY, a public agency created pursuant to Chapter 163, Part III, of the Florida Statutes (hereafter "CRA"), each one constituting a public agency as defined in Part I of Chapter 163, Florida Statutes. RECITALS WHEREAS, on October 5, 2005, the CITY and CRA entered into an Agreement transferring ownership of the Old High School ("School") to the CRA for restoration of the School; and WHEREAS, the City and CRA agree that the purpose and intent of the prior agreement is no longer feasible. The parties agree to rescind the prior agreement and release each other from the obligations stated therein; and WHEREAS, the CRA shall transfer sole ownership and control of the School back to the City and will 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: S:\CA\CRA\Old high school agmt revert to City.doc 1 SECTION ONE - AFFIRMA TIONS 1.1 The foregoing "whereas" clauses are true and correct and incorporated herein by reference. SECTION TWO - TRANSFER OF OWNERSHIP 2.1 The CRA shall execute a special warranty deed, attached hereto as Exhibit A, in favor of the City within 30 days of the execution of this Agreement. 2.2 The special warranty deed will transfer in fee simple all rights, title and ownership in the School back to the City. SECTION THREE - CONSIDERATION 3.1 The CRA will transfer ownership of the School back to the City for the amount of$10.00 and other valuable consideration as set forth herein. SECTION FOUR - APPLICABLE LAW 4.1 This Agreement shall be construed in accordance with the laws of the State of Florida. SECTION FIVE - VENUE 5.1 Each of the parties hereto are authorized to enforce the terms of this Agreement in a court of law in Palm Beach County, Florida, and may seek all remedies available at law and in equity. The prevailing party in such litigation shall be entitled to reasonable costs and attorneys' fees, including fees incurred through any appeals. SECTION SIX - VALIDITY 6.1 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 S:\CA\CRA\Old high school agmt revert to City.doc 2 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 and any previous agreements, whether written or oral, are superseded by this Agreement. Any amendment of this Agreement must be reduced to writing and executed with the same formality by both parties. SECTION EIGHT - RECORDATION 8.1 This Agreement may be recorded in the Public Records of Palm Beach County, Florida. SECTION NINE - BINDING AUTHORITY 9.1 Each party hereby represents and warrants to the other that each party executing this Agreement on behalf of the CITY and CRA or any representative in that capacity, as applicable, has full right and lawful authority to execute this Agreement and to bind and obligate the party for whom or on whose behalf he or she is signing this Agreement. SECTION TEN - EFFECTIVE DATE 10.1 This Agreement shall become effective on the date last signed by the parties. BOYNTON BEACH COMMUNITY CITY OF BOYNTON BEACH REDEVELOPMENT AGENCY By:h~ By: L~F tf?y Tayl , May ATTEST: ~Yn. p~ Ci Clerk S:\CA\CRA\Old high school agmt revert to City.doc 3 1111111111111111111111 This Instrument Prepared By and Return to: James A, Cherof, Esquire GOREN, CHEROF, DOODY & EZROL, P,A, 3099 Ea~t Commercial Boulevard, Suite 200 Fort Lauderdale, Florida 33308 eFN 20090370657 OR BK 23509 PG 1279 RECORDED 10/23/2009 10:08:17 Pal. Beach County. Florida Sharon R. Bock.CLERK & COftPTROLLER Pgs 1279 - 1281; (3pgs) Property Appraisers ID #:08-43-45-28-05-014-0041 SPECIAL WARRANTY DEED (Corporation) This Special Warranty Deed is executed this /3 day of October, 2009, by Boynton Beach Community Redevelopment Agency (CRA), a Florida public body corporate and politic created pursuant to Section 163.356 F.S, whose post office address is 9]5 South Federal Highway, Boynton Beach, Florida 33435, hereinafter called the Grantor, to City of Boynton Beach, a Florida municipal corporation, and having its principal place of business at 100 East Boynton Beach, Boynton Beach, Florida 33435 , hereinafter called the Grantee: (Wherever used herein the terms "Grantor" and "Grantee" shall include singular and plural, legal representatives, and assigns of individuals, and the successors and assigns of corporations, wherever the context so admits or requires.) Witnesseth, That the Grantor, for and in consideration of the sum of $] 0.00, in hand paid by the said second party, the receipt whereof is hereby acknowledged, hereby grants, bargains, sells, aliens, remises, releases, conveys and confirms unto the grantee, all that certain land situate in County of PALM BEACH, State of Florida, to-wit: SEE ATTACHED EXHIBIT" A" A TT ACHED HERETO THIS SPECIAL WARRANTY DEED HAS BEEN PREPARED WITHOUT THE BENEFIT OF A TITLE EXAMINATION Subject to easements, restrictions, reservations, and limitations of record, if any. Together with all the tenements, hereditaments and appurtenances thereto belonging or 10 anywise appertaining. To 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. \ 0 :2\ ~d z- f\ON GO .,,' ",.1; ,-:;-\"'j 1\,1\:\ "1,' "'1, -! .:fv ~ ','" " :',,' , ' " I ..' } ,1\ ~I ~v ." j,lc.' . [1.'1 .,j, , .')1.... H~\r3.'8 l'W/,-",I" ",V(;';" 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 ~.. .. ~ II By: I r - Its: 6f.:,.~y Ta rla/Yn/T>1:;fc; ~ ~e ~nature of cond wit . \o...~ ~~ ~~CA(\ ~Q t\ ~ (Printed name f second wItness) STATE OF FLORIDA COUNTY OF PALM BEACH Th~fOregOin~ instrument was acknowledged before me this October /3, 2009 by .(~ ' who has acknowledged himself to be the Chair of the Boynton ach ommunity Redevelopment Agency, a Florida Public Body Corporate and Politic, who is personally known to me or has produced as identification Signa~e of Notary ~k,,;<- Printed ame of Notary kA-#N NOTARY PUBLIC-STATE OF FLORIDA ............. Stephanie D. Kahn !W~Commission #DD873790 \~i Expires: MAY 22, 2013 BO~Ej; THRU ATWl'l1C BONDlNG co., INC, My Commission Expires: ~ ? 2. I HI3 My Commission Number: () IJ '?J J 79 0 EXHIBIT "A" LEGAL DESCRIPTION A parcel ofland, being a portion of Lots 4 and 5, Block 14, SAWYER'S ADDITION TO THE TOWN OF BOYNTON BEACH, according to the plat thereof as recorded in Plat Book 1, at Page 69, of the Public Records of Palm Beach County, Florida, being more particularly described as follows: Commence at the southeast corner of Lot 1, Block 14, SAWYER'S ADDITION TO THE TOWN OF BOYNTON BEACH, according to the plat thereof as recorded in Plat Book 1, at Page 69, of the Public Records of Palm Beach County, Florida; thence N 890 53' 2]" W, along the South line of said Block 14, for a distance of 316.82 feet to the POINT OF BEGINNING; said South line of Block 14 being coincident with the North right-of- way line of Ocean Avenue as shown on said plat; thence continue N 890 53' 21" W, along said North right-of-way line of Ocean Avenue for a distance of 168.12 feet to a point; thence N 01044' 07" W, parallel to the East line of said Block 14, for a distance of 229.64 feet to a point; thence N 890 52' 50" E, for a distance of 168.10 feet to a point; thence SOlO 44' 07" E, parallel to the East line of said Block 14, for a distance of 230.31 feet to the POINT OF BEGINNING. Said lands situate within the City of Boynton Beach, Palm Beach County, Florida. Containing 0.89 acres of land more or Jess. SUBJECT to an ingress, egress, parking and building structure easement over the North 20 feet thereof; and over the South 209.64 feet of the West 15 feet thereof; and over the South 65 feet of the East 10 feet thereof, and over the South 30 feet of the West 20 feet of the East 30 feet thereof. Further SUBJECT to the use of the existing concrete slab for air-conditioning equipment and associated electrical control panel located along the east side of the existing building structure which services the adjacent elementary school museum building located to the east of this subject property, This Instrument Prepared By and Return to: James A. Cherof, Esquire GOREN, CHEROF, DOODY & EZROL, P.A. 3099 East Commercial Boulevard, Suite 200 Fort Lauderdale, Florida 33308 Property Appraisers ID #:08-43-45-28-05-014-0020 SPECIAL WARRANTY DEED (Corporation) This Special Warranty Deed is executed this IfA day of December, 2008, by Boynton Beach Community Redevelopment Agency (CRA), a Florida public body corporate and politic created pursuant to Section 163.356 F.S, whose post office address is 915 South Federal Highway, Boynton Beach, Florida 33435, hereinafter called the Grantor, to City of Boynton Beach, a Florida municipal corporation, and having its principal place of business at 100 East Boynton Beach, Boynton Beach, Florida 33435 , hereinafter called the Grantee: (Wherever used herein the terms "Grantor" and "Grantee" shall include singular and plural, legal representatives, and assigns of individuals, and the successors and assigns of corporations, wherever the context so admits or requires.) Witnesseth, That the Grantor, for and in consideration of the sum of $10.00, in hand paid by the said second party, the receipt whereof is hereby acknowledged, hereby grants, bargains, sells, aliens, remises, releases, conveys and confirms unto the grantee, all that certain land situate in County of PALM BEACH, State of Florida, to-wit: SEE A TT ACHED EXHIBIT" A" A TT ACHED HERETO THIS SPECIAL WARRANTY DEED HAS BEEN PREPARED WITHOUT THE BENEFIT OF A TITLE EXAMINATION Subject to easements, restrictions, reservations, and limitations of record, if any. Together with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. To 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. 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 and any previous agreements, whether written or oral, are superseded by this Agreement. Any amendment of this Agreement must be reduced to writing and executed with the same formality by both parties. SECTION EIGHT - RECORDATION 8.1 This Agreement may be recorded in the Public Records of Palm Beach County, Florida. SECTION NINE - BINDING AUTHORITY 9.1 Each party hereby represents and warrants to the other that each party executing this Agreement on behalf of the CITY and CRA or any representative in that capacity, as applicable, has full right and lawful authority to execute this Agreement and to bind and obligate the party for whom or on whose behalf he or she is signing this Agreement. SECTION TEN - EFFECTIVE DATE 10.1 This Agreement shall become effective on the date last signed by the parties. BOYNTON BEACH COMMUNITY CITY OF BOYNTON BEACH REDEVELOPMENT AGENCY By: J~~ By: l~r lfPy Tayl , May ATTEST: ~Yn. p~ Ci Clerk S:\CA\CRA\Old high school agmt revert to City.doc 3 This Instrument Prepared By and Return to: James A. Cherof, Esquire GOREN, CHEROF. DOODY & EZROL, P.A. 3099 East Commercial Boulevard, Suite 200 Fort Lauderdale, Florida 33308 Property Appraisers ID #:08-43-45-28-05-014-0020 SPECIAL WARRANTY DEED (Corporation) This Special Warranty Deed is executed this Ia.. day of December, 2008, by Boynton Beach Community Redevelopment Agency (CRA), a Florida public body corporate and politic created pursuant to Section 163.356 F.S, whose post office address is 915 South Federal Highway, Boynton Beach, Florida 33435, hereinafter called the Grantor, to City of Boynton Beach, a Florida municipal corporation, and having its principal place of business at 100 East Boynton Beach, Boynton Beach, Florida 33435 , hereinafter called the Grantee: (Wherever used herein the terms "Grantor" and "Grantee" shall include singular and plural, legal representatives, and assigns of individuals, and the successors and assigns of corporations, wherever the context so admits or requires.) Witnesseth, That the Grantor, for and in consideration of the sum of $10.00, in hand paid by the said second party, the receipt whereof is hereby acknowledged, hereby grants, bargains, sells, aliens, remises, releases, conveys and confirms unto the grantee, all that certain land situate in County of PALM BEACH, State of Florida, to-wit: SEE A TT ACHED EXHIBIT" A" A TT ACHED HERETO THIS SPECIAL WARRANTY DEED HAS BEEN PREPARED WITHOUT THE BENEFIT OF A TITLE EXAMINATION Subject to easements, restrictions, reservations, and limitations of record, if any. Together with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. To 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. EXHIBIT "A" LEGAL DESCRIPTION A parcel ofland, being a portion of Lots 4 and 5, Block 14, SWA YER'S ADDITION TO THE TOWN OF BOYNTON BEACH, according to the plat thereof as recorded in Plat Book 1, at Page 69, of the Public Records of Palm Beach County, Florida, being more particularly described as follows: Commence at the southeast corner of Lot 1, Block 14, SAWYER'S ADDITION TO THE TOWN OF BOYNTON BEACH, according to the plat thereof as recorded in Plat Book 1, at Page 69, of the Public Records of Palm Beach County, Florida; thence N 890 53' 21" W, along the South line of said Block 14, for a distance of 316.82 feet to the POINT OF BEGINNING; said South line of Block 14 being coincident with the North right-of- way line of Ocean A venue as shown on said plat; thence continue N 890 53' 21" W, along said North right-of-way line of Ocean A venue for a distance of 168.12 feet to a point; thence N 01044' 07" W, parallel to the East line of said Block 14, for a distance of 229.64 feet to a point; thence N 890 52' 50" E, for a distance of 168.10 feet to a point; thence S 01044' 07" E, parallel to the East line of said Block 14, for a distance of230.31 feet to the POINT OF BEGINNING. Said lands situate within the City of Boynton Beach, Palm Beach County, Florida. Containing 0.89 acres of land more or less. SUBJECT to an ingress, egress, parking and building structure easement over the North 20 feet thereof; and over the South 209.64 feet of the West 15 feet thereof; and over the South 65 feet of the East 10 feet thereof, and over the South 30 feet of the West 20 feet of the East 30 feet thereof. Further SUBJECT to the use of the existing concrete slab for air-conditioning equipment and associated electrical control panel located along the east side of the existing building structure which services the adjacent elementary school museum building located to the east of this subject property. 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: ffair- Je Tayl Signed, sealed and delivered in presence of: ~~<L (Signature of fi st witness) \ ~~Y"V',L. S4::c... ~ -i. \ a '('\ '2.. (Printed name oMrst witness) (Signature of second witnes kRA krff,SNdFt:" (Printed name of second witness) STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me this December la+h, 2008 by ,T-e (f '-~ TQ~ I Dr, who has acknowledged himself to be the Chair of the Boynton each ommumty Redevelopment Agency, a FlorIda Public Body Corporate and Politic, who is p_eE~oEalb:: k~o~ to me or has produced nQ as identification i1.xi.vwu ( I~(J .bO/Ul)1tI}~ ~ture ofNot(){y - )f r In f 0., hen ~ - (~ u be f rY)) n Printed Name of Notary My Commission Expires: ~~}l ,(~L~4a My Commission Number: Dl) 1 q :),IY~ ~" (\'',\'!<Y T'1ffiLlC-STATE OF FLORIDA /''';''', Cat.'1aine Cheny-Guberman ~_ _ } Cc:~mis,sion # DD792144 '" ..' Exn,res, MAY 27,2012 ;,;, ~~F.~ THi<I.r'ATLANTIC BO:'1)lNG CO., me.