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R16-030 RESOLUTION R16 -030 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, • APPROVING AND AUTHORIZING THE MAYOR AND CITY CLERK TO SIGN THE AMENDMENT TO INTERLOCAL AGREEMENT WITH BOYNTON VILLAGE COMMUNITY DEVELOPMENT DISTRICT; AND PROVIDING AN EFFECTIVE DATE. 1 u WHEREAS, as part of the Boynton Village & Town Center Park Land Swap, the City 1 has requested that the CDD agree that the CDD will not levy any special assessments on the 1 ► City Parcel prior to closing of the exchange of the City Parcel for the Park Site; and 1 WHEREAS, the City Commission of the City of Boynton Beach deems it in the best 1 interest of the residents and citizens of the City to approve the Amendment to Interlocal 1. Agreement with Boynton Village Community Development District. 1 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 1 r THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 1 • Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 1 being true and correct and are hereby made a specific part of this Resolution upon adoption 2 hereof. 2 Section 2. The City of Boynton Beach approves the Amendment to Interlocal 2' Agreement with the Boynton Village Community Development District for the CDD to refrain 2: from levying any special assessments on the Existing City Parcel prior to closing of the 2 exchange of the City Parcel for the Park Site. 2. Section 3. The City Commission authorizes the Mayor and City Clerk to sign the 2 • Amendment to Interlocal Agreement, a copy of which is attached hereto as Exhibit "A ". 2T Section 4. That this Resolution shall become effective immediately upon passage. 2; C: \Users\Pylej \Documents\R16 -030 - Amendment_To_ ILA _With_Boynton_Village_CDD.Doc 21 PASSED AND ADOPTED this 16th day of February, 2016. 3 ' CITY OF BOYNTON BEACH, FLORIDA 3 3' YES NO 3 3 Mayor — Jerry Taylor 3. . 3 Vice Mayor — Joe Casello �. 3 3 .; Commissioner — David T. Merker 3 41 Commissioner — Mack McCray 4 4 , Commissioner — Michael M. Fitzpatrick 4': 4 4 VOTE 4 4 ' ATTEST: 43 5> f 5 Ju A. Pyle, CMC 5:' I-Ziterim City Clerk 5: 5 5 (Corporate Seal) ;. 5; f C :`,Users \Pylej \ Documents \R 16 -030 - Amendment_To_ILA_W ith_Boynton_Village_CDD.Doc 1 This Document Prepared by: Record and Return To: David Tolces, Esq, City Attorney's Office City of Boynton Beach 100 East Boynton Beach Boulevard Boynton Beach, Florida 33425 AMENDMENT TO INTERLOCAL AGREEMENT THIS AMENDMENT TO INTERLOCAL AGREEMENT (the "Amendment ") made and entered into on the �t day of 2016. by and between: BOYNTON VILLAGE COMMUNITY DEVELOPMENT DISTRICT, a local unit of special- purpose government organized and existing pursuant to the Chapter 190 of the Florida Statutes, whose address is Wrathell, Hunt and Associates, LLC, 2300 Glades Road, Suite 410 W Boca Raton, FL 33431 (the "CDD "), and CITY OF BOYNTON BEACH, FLORIDA, a municipal corporation of the State ofFlorida, whose address is 100 East Boynton Beach Boulevard, Boynton Beach, FL 33425 (the "CITY'). WITNESSETH: WHEREAS, the CDD and the CITY entered into that certain lnterlocal Agreement dated November 17, 2016, and recorded at O.R. Book 28041, Page 1953, Public Records of Palm Beach County, Florida (the "Agreement "); and WHEREAS, pursuant to the Agreement, the CDD and CITY agreed that a certain parcel of land located within the boundaries of the CDD and referred to in the Agreement as the "Park Site ", which is in the process of being conveyed to the CITY, will not be subject to any special assessment lien imposed by the CDD as long as the Park Site is used by the CITY as a public park; and WHEREAS, the parcel of land referred to in the Agreement as the Park Site is being conveyed to the CITY in exchange for another parcel of land owned by the CITY that was recently annexed into the boundaries of the CDD, but which has not in the past, and is not currently being assessed by the CDD (the "City Parcel "), WHEREAS, the City Parcel is described in Exhibit "A" attached hereto; and (00115548.1 906 - 9905104 ) WHEREAS, the CDD is in the process of levying revised special assessments on certain lands located within the CDD, which process may not be completed prior to the closing of the exchange of the City Parcel for the Park Site, at which time the City Parcel will be conveyed to a private party; and WHEREAS, the CITY has requested that the CDD agree that the CDD not levy any special assessments on the City Parcel prior to closing of the exchange of the City Parcel for the Parr Site; and WHEREAS, the CDD is agreeable to the CITY's request; NOW, THEREFORE, FOR AND IN CONSIDERATION of the mutual covenants and agreements hereinafter set forth, the parties hereto agree as follows: Section 1. RECITALS. The above recitals are true and correct and are incorporated herein. Section 2. NO ASSESSMENT OF CITY PARCEL. The CDD agrees that there shall not be any assessments levied by the CDD on the City Parcel, as defined in this Amendment, as long as the City Parcel is owned by the CITY. The CDD agrees that so long as the City owns the City Parcel that the City shall have no obligation to pay any assessment or other charge imposed by the CDD. Section 3. AGREEMENT TO REMAIN IN EFFECT; CONFLICT. As amended hereby, the Agreement shall remain in frill force and effect. In the event of any conflict between the provisions of the Agreement and the provisions of this Amendment, the provisions of this Amendment shall prevail. IN WITNESS WHEREOF, the CDD and the CITY have caused these presents to be executed in their respective names by the proper officials the day and year first above written. (00115548.1 306- 9905104 ) 2 STA'T'E OF FLORIDA COUNTY OF The foregoing instrument was acknowledged before me this day of , 2016, by , as Chairperso ice- Chairperson of BOYNTON VILLAGE C0 MUNITY DEVELOPMENT DISTRICT, who is personally /mown and/or produced as identification who being duly sworn, deposes and says that the aforementioned is true and correct to the best of his or her knowledge. I a Notar Public My commission expires: STATE OF FLORIDA COUNTY OF ► i kn I The foregoing instrument was acknowledged before me this 1 0 1— day of 2016, by r P , as Secretary /Assistant Secret of BOYNTON VILLAGE CO MUNITY DE *EL04 DISTRICT, who is pers onally known and /or produced as identification who being duly sworn, deposes and says that the aforementioned is true and correct to the best of his or her knowledge, Notary &iblic My commission expires: ATTEST: City Clerk (00115548.1306-9905 104 ) Approved as to forrm. 4 City Attorney The foregoing instrument was acknowledged before me this A day of -" , 2016, by as Mayor of the CITY OF BOYNTON BEACH, who is personally known prejuced .. - °° as identification who being duly sworn, deposes and says that the aforementioned is true and correct to the best of his or her knowledge. TAMMY L STANZIONE •'a MY COMMISSION # FF213683 EXPIRES March 25. 2019 « X. y7'"I.fP Notary Public`' The foregoing instrument was acknowledged before me this day of <,• _, 2016, by a , as City Clerk of the CITY OF BOYNTON BEACH, who is personally known and/efTr6dueed - as identification who being duly sworn, deposes and says that the aforementioned is true and correct to the best of his or her knowledge. � z +. bb Notary Public My commission expires: I i TAMMY L STANZIONE MY COMMISSION # FF213683 EXPIRES March 25. 20 19 14C7139811'S3 rlaidallo:"Smice.ctn. (00115548.1306- 9905104) EXHIBIT "A" Description of City Parcel (00115546.1 306- 9905104 ) Exhibit A Legal Deserlption of the Existing Park Land J � ' Q. eb Ana S3ae7 ==91110V Fact�9att.al62 SMETCH AND LEGAL DESCR1PT1014 (NOT A SURV6Y) Z'YNIXI r A isaYNTON rowN CENTER - EX STING CITY PARK LEGAL DESCRIPTION SMU • Pork Parcel, of "BQYNI09 10tYN CCN9CR. A P.C.V, 06 warded in Plot Book 106, Pages 144 -151 of the PubAc Records of Polm Seaon County, Florida, LESS bND FKCF.P.T' THE FAST 40.00 FEET THEREOF. Said paroelof land situate within the City of Boynton Bench, Palm Beach County, Flarlda, containing 4.723 Actes, (205751 Squaro Feet), store or leas. L _ MAP ABBREVIATIONS ` �.. I ron. Ltt Hip t1+ KEY D DELI& 1QU IR r� a AJ I 1.5. L1 CEETTURR 1. REPROntmms OF THIS SNEICH ARE NOT VALID D � or�Vt VL SStR Oc V onDS sots WITHOUT ThF SIGNATURE AND THE ORIGIMAL IMSED v:a:c: PDI iT oF• caa �ue� Hi SEAS Or A ILO OA.LICENSEO SVRVEYOR AMU MAPPER,. gg . :2. 1t0 5 EAI TCH OF THE PUBLIC REGDROS WA5 MADE P.D.C,K, PAUI LEAL1t•COU Y 49CM1 .1N THr. PRFPARATtMk OF THS 9MUCH AND DESCRIPTION, ea r•s•u. ; DoE' 1. BEARNGS. GROWN HCREON ARC BASEL ON THE �aorESS101e+1 s,mwmn NORTH LINE Or SAID PLAT HAVING A BEARING OF a ulRP[R A& NOR1H 87° 4W57" EAS1, ACCQRDV0 TO S'A4ID PI A7. Rlatr•oF -w1Y 1 OMFICAMON u1CRt0Y CERTIFY THAT THE S%E1CH AND ESCHF110ri SHOWN HEREOtJ COMPLIES WITH WPAMUM 1ECHNIt'.Al. STANDARDS AS COMMED IN CHAP7F SJ- 17.051 F.CORIDA ADMIN STRATiVE CODE. PURSUANT .30 . t SECTION 972,927. FLORIDA STATUTES, AND' 7NAT SMD'SKETCH RNO I p�CA IS T RUE T OF MY KW415lHDGE YISR A110 61APPER FLURWA S ICFNSF NO. 155111 1•ro w, xue+, 80T11rDti Vk1A41 uu1. 0 /240ID15 LL•oBf. F.K I 511!LI Iur 2 4401434 -11 tomm"1oQa ist1 1 . i ! I I r' "CORTWA PUD REPL.A7" ; !l , (P.O. 109. PGS. 996 -202) } 'i, f __ 137p.171f �ASC(11CNi ' - ` t .1i•� 7 401 PUESTRIMI EASEMENT R ■6 6:501 P r 50' OF "EOYSIT TOVIN CENTER, A P.C.D." E:NING • ' Ap.©:1UG. [P.R. PG5. 144 -151) O i8 34 11' ' 1,•209.53' Y� PG5.144 -1513 W`- ti 1(Y R.U.E. 5MU -PARK PARCEL ^7 • •�" x R (1 105 "BOYNTON TOWN CENTER, A P.C.D. "` } a AGS. ta4• 513 (P 106, MS. 144 -151) �W to NQ � ti �C l� N7t• 32'14 "W i5' L.B.E. a' L.n.E. •,� �+ 72.51 _- ---tP 6. P G S 106, 1 I 344 -.16�> . • `� 1 PCs, 144 -1Gil' . 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