R16-140 1
2
3 RESOLUTION NO. R16-140
4 A RESOLUTION OF BOYNTON BEACH, FLORIDA, APPROVING
5 AND AUTHORIZING THE MAYOR TO SIGN AN INTERLOCAL
6 AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND
7 THE BOYNTON BEACH COMMUNITY REDEVELOPMENT
8 AGENCY TO PROVIDE A FINANCIAL CONTRIBUTION TO THE
9 HERITAGE AT CITY VIEW HOUSING PARTNERS, LP, (NUROCK
10 DEVELOPMENT PARTNERS, INC) IN ASSOCIATION WITH THEIR
11 APPLICATION FOR THE 9% LOW INCOME TAX CREDIT FOR
12 THE PROPOSED DEVELOPMENT ON SOUTHEAST SIDE OF
13 MARTIN LUTHER KING JR BOULEVARD AND TO SIGN ANY
14 RELATED APPLICATION DOCUMENTS TO CONFIRM SUCH
15 SUPPORT; AND PROVIDING AN EFFECTIVE DATE.
16
17 WHEREAS, the goal of the Boynton Beach Community Redevelopment Agency is to
18 eliminate slum and blight and to facilitate the development of affordable housing within the
19 Community Redevelopment Area; and
20 WHEREAS, the proposed development known as MLK Jr. South Project will help
21 the Community Redevelopment Agency to achieve its goals; and
22 WHEREAS, the developer of the MLK Jr. South Project, NuRock Development
23 Partners doing business as the single asset entity Heritage at City View Housing Partners, LP
24 is applying for 9% Low-Income Housing Tax credits in December of 2016; and
25 WHEREAS, the financial match of $1,000,000 required by the Florida Housing
26 Finance Corporation is required to come from a municipality therefore the CRA and City
27 must enter into an interlocal agreement for the CRA to reimburse the City for the $1,000,000;
28 and
29 WHEREAS, the City Commission of the City of Boynton Beach, upon
30 recommendation of staff and the CRA Board, deems it to be in the best interests of the
31 residents and citizens of the City of Boynton Beach to approve the Interlocal Agreement
32 between the City of Boynton Beach and the Boynton Beach Community Redevelopment
33 Agency to provide financial support to the Heritage at City View Housing Partners, LP.,
34 (NuRock Development Partners, Inc) in association with their application for the 9% Low
35 Income Housing Tax Credit program for the proposed development on the southeast side of
36 Martin Luther King, Jr. Blvd. development and to sign any related application documents to
37 confirm such support.
38 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
39 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
40 Section 1. Each Whereas clause set forth above is true and correct and
41 incorporated herein by this reference.
42 Section 2. The City Commission of the City of Boynton Beach, Florida does
43 hereby approve and authorize the Mayor to sign the Interlocal Agreement between the City of
44 Boynton Beach and the Boynton Beach Community Redevelopment Agency to provide
45 financial support to the Heritage at City View Housing Partners, LP., (NuRock Development
46 Partners, Inc) in association with their application for the 9% Low Income Housing Tax
47 Credit program for the proposed development on the southeast side of Martin Luther King, Jr.
48 Blvd. development and to sign any related application documents to confirm such support, a
49 copy of said Interlocal Agreement is attached hereto as Exhibit"A".
50 Section 3. That this Resolution shall become effective immediately upon passage.
51
52 PASSED AND ADOPTED this itilday of /CCB,/ / , 2016.
53 CITY OF BOYNTON BEACH, FLORIDA
54
55 YES NO
56
57 Mayor—Steven B. Grant =�
58
59 Vice Mayor—Mack McCray v'
60
61 Commissioner—Justin Katz
62
63 Commissioner—Christina L. Romelus l/
64
65 Commissioner—Joe Casello
66
67
68 VOTE ��Cc
69
70 ATTEST: S"
71
fCV/6,1 prd
74 / dith A. Pyle, CMS �., Pvy
75 LC1 y Clerk N °.
76 . Q;,l, ys4�
77
78
79 (Corporate Seal)
80
INTERLOCAL AGREEMENT BETWEEN CITY OF BOYNTON BEACH
AND BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY
TO PROVIDE FOR THE PAYMENT OF THE LOCAL GOVERNMENT
CONTRIBUTION UNDER THE FLORIDA HOUSING FINANCE
CORPORATION STATE APARTMENT LOAN PROGRAM FOR THE
PROJECT KNOWN AS THE MARTIN LUTHER KING, JR. PROJECT
SITE TO BE DEVELOPED BY HERITAGE AT CITY VIEW,PURSUANT
TO CHAPTER 420, PART V, SECTIONS 420.5093 - 420.5099, FLORIDA
STATUTES,PROVIDING AN EFFECTIVE DATE.
THIS AGREEMENT,made and entered into on the day of
2016 by and between:
CITY OF BOYNTON BEACH,FLORIDA
a Florida municipal corporation
100 E.Boynton Beach Boulevard
Boynton Beach,Florida 33425
(hereinafter referred to as"CITY")
AND
BOYNTON BEACH COMMUNITY REDEVELOPMENT
AGENCY,
a Public Agency of the State of Florida
710 N.Federal Highway
Boynton Beach,Florida 33435
(hereinafter referred to as"CRA")
WITNES SETH:
WHEREAS, CITY and CRA("Parties")desire to encourage Affordable and Workforce Housing
development within the City and the CRA; and
WHEREAS, the CRA has determined that the provision of Affordable and Workforce Housing
within the CRA furthers the CRA's purpose of eliminating slum and blight; and
WHEREAS,the CRA has approved a financial contribution of one million dollars ($1,000,000)
in the form of a grant contribution ("Grant") to assist the developer, Heritage at City View Housing
Partners, LP, in the development of certain properties located on the southeast side of Martin Luther King,
Jr. Boulevard in Boynton Beach,Florida, as described in Exhibit"A"attached hereto, and
Page 1 of 8
00703693-1
Section 3. DUTIES AND RESPONSIBILITIES OF THE PARTIES
3.01 The Parties agree that the Grant, per Resolution No. shall be paid by the CITY to Heritage at City
View on behalf of the CRA. The Parties agree further that the CRA will reimburse the CITY for the
payment of said Grant, within 30 days of CITY's notice of making payment. Payment shall be made
to Heritage at City View Housing Partners, LP upon: 1) Heritage at City View Housing Partners, LP
providing evidence that they have been awarded a nine percent (9%) low income tax credit from the
Florida Housing Finance Corporation; and 2) a real estate closing for the sale of the project properties
located on the southeast side of Martin Luther King Jr.Boulevard as described in Exhibit"A."
Section 4. INSURANCE
4.01 CITY and CRA shall maintain at their own cost and expense all insurance policies providing coverage
for liability protection in accordance with state law. Certificates of Insurance reflecting evidence of
the required insurance shall be filed with the CITY's Risk Manager and with the CRA's Controller,
respectively, prior to or at the time of execution of the Agreement. These Certificates shall contain a
provision that coverages afforded under these policies will not be cancelled until at least forty-five(45)
days prior written notice has been given to the other party. Policies shall be issued by companies
authorized to do business pursuant to the laws of the State of Florida. Financial Ratings must be not
less than"A-VI"in the latest edition of"Best Key Rating Guide",published by A.M. Best Guide.
Section 5. RECORDS
5.01 CRA and CITY shall each maintain their own respective records and documents associated with this
Agreement in accordance with the requirements set forth in Chapter 119, Florida Statutes. All such
records shall be adequate to justify all charges, expenses, and costs incurred in accordance with
generally accepted accounting principles. Each party shall have access to the other party's books,
records and documents as required in this Agreement for the purpose of inspection or audit during
normal business hours during the term of this Agreement and for at least three (3) years after
completion of the development of the on the Martin Luther King Jr. project site located on the
southeast side of Martin Luther King Jr. Boulevard property as described in Exhibit"A."
Section 6. ASSIGNMENT
6.01 The respective obligations of the parties shall not be assigned, in whole or in part without the
written consent of the other party.
Section 7. DEFAULT
7.01 If either party fails to perform or observe any of the material terms and conditions of this Agreement
for a period of ten (10) calendar days after receipt of written notice of such default from the other
party, the party giving notice of default may be entitled, but is not required, to seek specific
performance of this Agreement on an expedited basis, as the performance of the material terms and
conditions contained herein relate to the health, safety, and welfare of the residents subject to this
Agreement. Failure of any party to exercise its right in the event of any breach by the other party
shall not constitute a waiver of such rights. No party shall be deemed to have waived any failure to
perform by the other party unless such waiver is in writing and signed by the other party. Such
waiver shall be limited to the terms specifically contained therein. This section shall be without
Page 3 of 8
00703693-I
prejudice to the rights of any party to seek a legal remedy for any breach of the other party as may be
available to it in law or equity.
Section 8. COMPLIANCE WITH LAWS
8.01 CITY and CRA shall comply with all statutes, laws, ordinances, rules, regulations and lawful orders
of the United States of America, State of Florida and of any other public authority which may be
applicable.
Section 9. VENUE
9.01 Any and all legal actions necessary to enforce the terms of this Agreement shall be conducted in the
Fifteenth Judicial Circuit in and for Palm Beach County,Florida, or, if in federal court,in the United
States District Court for the Southern District of Florida.
Section 10. GOVERNING LAW
10.01 The validity, construction and effect of this Agreement shall be governed by the laws of the State of
Florida.
Section 11. ENTIRE AGREEMENT
11.01 This Agreement contains the entire understanding of the parties relating to the subject matter hereof
superseding all prior communications between the parties whether oral or written, and this
Agreement may not be altered, amended, modified or otherwise changed nor may any of the terms
hereof be waived, except by a written instrument executed by both parties. The failure of a party to
seek redress for violation of or to insist on strict performance of any of the covenants of this
Agreement shall not be construed as a waiver or relinquishment for the future of any covenant, term,
condition or election but the same shall continue and remain in full force and effect.
Section 12. SEVERABILITY
12.01 Should any part, term or provision of this Agreement be by the courts decided to be illegal or in
conflict with any law of the State, the validity of the remaining portions or provisions shall not be
affected thereby.
Section 13. NOTICES
13.01 Whenever either party desires to give notice to the other, such notice must be in writing and sent by
United States mail,return receipt requested, courier, evidenced by a delivery receipt, or by overnight
express delivery service, evidenced by a delivery receipt, addressed to the party for whom it is
intended at the place last specified; and the place for giving of notice shall remain until it shall have
been changed by written notice in compliance with the provisions of this paragraph. For the present,
the parties designate the following as the respective places for giving of notice.
CITY: Lori LaVerriere, City Manager
City of Boynton Beach
100 E.Boynton Beach Boulevard
Boynton Beach,FL 33435
Page 4 of 8
00703693-1
CRA: Executive Director
Boynton Beach CRA
710 N. Federal Highway
Boynton Beach,Florida 33435
Copies James A. Cherof
To: Goren, Cherof,Doody&Ezrol,P.A.
3099 East Commercial Boulevard, Suite 200
Fort Lauderdale,Florida 33308
Tara Duhy,Esquire
Lewis,Longman&Walker,P.A.
515 North Flagler Drive, Suite 1500
West Palm Beach,Florida 33401
Section 14. INTERPRETATION
14.01 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.
THE REMAINDER OF THIS PAGE HAS BEEN INTENTIONALLY LEFT BLANK
Page 5 of 8
00703693-1
IN WITNESS WHEREOF, the CITY OF BOYNTON BEACH and the BOYNTON BEACH
COMMUNITY REDEVELOPMENT AGENCY have caused these presents to be executed in their respective
names by the proper officials the day and year first above written.
CITY OF BOYNTON BEACH a municipal corporation
organized and existing under the laws of the State of Florida
By:
V Steven Grant, Mayor
ATTEST:
Cit Jerk
el
BOYNTON BEACH COMMUNITY REDEVELOPMENT
AGENCY, a public agenc rga . ed d t' nder the laws
of the State of Florida
By: d
Steven Grant, Chair
Approved as to form:
CRA Attorney
Page 6 of 8
00703693 -]
FLORIDA HOUSING FINANCE CORPORATION
LOCAL GOVERNMENT VERIFICATION OF CONTRIBUTION—GRANT FORM
Nttrne of Development:Heritage at City View
Approx.200'East of the Southeast Corner of E. MLK Jr.Boulevard and
Development Location: Seacrest Boulevard,City of Boynton Beach
(At a minimum,provide the address number,street name and city,and/or provide the street name,closest designated intersection and either
the city(if located within a city)or county(if located in the unincorporated area of the county)_ If the Development consists of Scattered
Sites,the Development Location stated above must reflect the Scattered Site where the Development Location Point is located.)
The City/County of City of Boynton Beach commits$1,000,000.00 as a grant to the
Applicant for its use solely for assisting the proposed Development referenced above. The City/County does
not expect to be repaid or reimbursed by the Applicant,or any other entity,provided the funds are expended
solely for the Development referenced above. No consideration or promise of consideration has been given
with respect to the grant. For purposes of the foregoing,the promise of providing affordable housing does not
constitute consideration. The commitment for this grant must be effective as of the Application Deadline for
the applicable RFA,and is provided specifically with respect to the proposed Development.
The source of the grant is: Boynton Beach Community Redevelopment Agency Fund
(e.g_,SHIP,HOME,CDBG)
CERTIFICATION
I certify that the foregoing unfoi ation is true and correct and that this commitment is effective at least through
the date required in the applicable RFS
Steven B. Grant
Signature Print or Type Name
Mayor
Print or Type Title
This certification must be signed by the chief appointed official(staff responsible for such approvals,Mayor,City Manager,
County Manager/AdministratoriCoordinator,Chairperson of the City Cotmcil/Conunission or Chairperson of the Board of
County Commissioners. Tithe contribution is from a Land Authority organized pursuant to Chapter 380.0663,Florida
Statutes,this certification must be signed by the Chair of the Land Authority. One of the authorized persons named above
may sign this form for certification of state,federal or Local Government finds initially obtained by or derived from a Local
Government that is directly administered by an intermediary such as a housing finance authority,a community reinvestment
corporation,or a state-certified Community Housing Development Organization(CHDO).Other signatories are not
acceptable. The Applicant will not receive credit for this contribution if the certification is improperly sired. To be
considered for points,the amount of the contribution stated on this form must be a precise dollar anoint and cannot include
words such as estimated,up to,maximum of,not to exceed,etc.
If the Application is not eligible for automatic points, this contribution will not be considered if the certification contains
corrections or`white-out'or if the certification is altered or retyped. The certification may be photocopied.
Please note: This form may be modified by Florida Horsing Finance Corporation per Section 67-60.005,F.A.C.
(Form Rev.08-16)
Irp+.
f6 .R97
CRA Owned Parcels:
LEGAL DESCRIPTIO1�1.
O a f lop&met? a Q� 4v ai-Avy. e Eat, C lh r'ai rag mq.
A; u.'q sa a d r" on {N'-1: "a 9: a'4%,a i m`ltl' a" ` 47?O
..d
-. ®-. . MOM ILY9lL�tfF 'v c m is � -1F Q.. 6 Q o Q � `"', 9 A t... ' [PEAR
'3A QQ' �B
4:_faiimps,nth;
O am Lis564-ffaii atbzfr 4iff, o' d5 '.a2=43, 7.411.47AMw3 a ave d: oi,1 q. Z 'f r L4:.1., . .
. - • o E,r �(n' 1-l'r '4;''"Yu �J r �M .. N�M'J.an D=a 1 m G'_ae) 1'4. tl.- 9 W �� rT3M
• ° THE e(1.1.31. ma >" /111'4 ^ �a , 3
• Da re JRA � pa A
' :;t-4Q- ',,- ? - , AtIo kit£! DR!R,„[ ?Czdaracw dab (_ ;
Ml`s-, .'t'i7k:i?lsmd G .8 'a�i `� - �i. "I—'^ti..".� Ed'.'::tt'=i. Pick ex MO
THIRD PARTY PARCELS:
• Martin Luther King Blvd.--08-4A-45-21-10-005-0060--Lot 6, Block 5, PB Country Club-Ests
• 130:.E Martin Luther King Jr Blvd:-;08-43-45-21-10-005-0060-Lots 7&,8, Block.5 PB Country Club Ests,
• N E 9 t:Ave:-08-43-45-21-10-004-0040:;-Lot:4,Block 4,PB,CountryClub Ests
NE:9 h Ave:-08-43-45-21-10=004-0070==:Lot 7;Block 4, PB Country Club Ests
• 143:NE 9th Ave.-.08-43-4521-10-004-0110, Lot 11, BlockAPB„Country.Club;Ests
.. .; . � �-L o
o A
� NE 9: ve.,-08-43-45-21=10=004-0070"=Lot; Bllock-4, PB Country Club-Ests
Page7of8: .
EXHIBIT "A"
LEGAL, DESCRIPTION
• Martin Luther King,Jr.Blvd.South
Proposed Project Area—Heritage at City View Housing Partners,LP
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Page 8 of 8
00703693-I