R18-0261
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RESOLUTION NO. R18 -026
A RESOLUTION OF THE CITY OF BOYNTON BEACH,
FLORIDA, APPROVING AND AUTHORIZING THE MAYOR TO
SIGN AN INTERLOCAL AGREEMENT BETWEEN THE CITY OF
BOYNTON BEACH AND THE BOYNTON BEACH COMMUNITY
REDEVELOPMENT AGENCY FOR FINANCIAL SUPPORT TO
THE OCEAN BREEZE EAST APARTMENTS LLC., IN
ASSOCIATION WITH THEIR APPLICATION FOR THE 9% TAX
CREDIT FOR LOW INCOME HOUSING TAX CREDITS AND TO
SIGN ANY RELATED APPLICATION DOCUMENTS TO
CONFIRM SUCH SUPPORT; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS; on January 18, 2018 the CRA Board approved an Interlocal Agreement
with the City of Boynton Beach for funding of the Local Government Contribution match of
$567,500 in connection with Ocean Breeze East Apartments LLC in connection with their
application for 9% Low Income Housing Tax Credit Program; and
WHEREAS, the application requires the Local Government to verify the contribution
amount of $567,500 as part of Ocean Breeze East Apartments, LLC., application submission;
and
WHEREAS, the Local Government is the City of Boynton Beach and this Interlocal
Agreement provides for the financial support to be paid by the Boynton beach Community
Redevelopment Agency providing the application for the 9% LIHTC Program is successful;
I and
WHEREAS, the attached Interlocal Agreement contains the details of the CRA funding
commitments associated with the Project.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
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Section 1. Each Whereas clause set forth above is true and correct and incorporated
herein by this reference.
Section 2. The City Commission of the City of Boynton Beach, Florida does hereby
approve and authorize the Mayor to sign the Interlocal Agreement between the City of Boynton
Beach and the Boynton Beach Community Redevelopment Agency for CRA funding to the
Ocean Breeze East Apartments LLC in association with their application for the 9% tax credit
for Low Income Housing Tax Credits and to sign any related application documents to confirm
such support. A copy of said Interlocal Agreement is attached hereto as Exhibit "A ".
Section 3. That this Resolution shall become effective immediately upon passage.
PASSED AND ADOPTED this 6� day of February, 2018.
CITY OF BOYNTON BEACH, FLORIDA
YES NO
Mayor — Steven B. Grant
Vice Mayor — Justin Katz
Commissioner — Mack McCray
Commissioner — Christina L. Romelus
Commissioner — Joe Casello
VOTE
ATTEST:
1,
Judith . Pyle, CMC
City Clerk
(Corporate Seal)
/ `)_�\ S _ C)A L.
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 OCEAN BREEZE EAST PROJECT SITE TO BE
DEVELOPED BY OCEAN BREEZE EAST APARTMENTS LLC,
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 la°' day of
2018 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 ")
FIX N1 01
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 ")
WITNESSETH:
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 five hundred sixty -seven
thousand and five hundred dollars ($567,500.00) in the form of a grant contribution ( "Grant ") to
assist the developer, Ocean Breeze East Apartments LLC ( "Grantee "), in the development of certain
properties located 700 N. Seacrest Boulevard in Boynton Beach, Florida, as described in Exhibit "A"
attached hereto, and
WHEREAS, the Parties desire to enter into an Interlocal Agreement ( "Agreement ") for the City
of Boynton Beach to pay the Grant, on behalf of the CRA, to the "Grantee," under the condition that
the Grantee obtains award underwriting approval of a 9% Low Income Housing Tax Credit allocation
from the Florida Housing Finance Corporation by June 30, 2018, and
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WHEREAS, CITY and CRA have determined that it is mutually beneficial and in the best
interests of its citizens and residents to enter into this Agreement; and
WHEREAS, Part I of Chapter 163, Florida Statutes, as amended (the "Florida Interlocal
Cooperation Act "), permits the Parties, as public agencies under the Interlocal Cooperation Act, to enter
into interlocal agreements with each other to authorize one public agency to exercise, on behalf of the
other public agency, jointly held powers, privileges or authorities which each such public agency shares
in common and which each might exercise separately, permitting the public agencies to make the most
efficient use of their power by enabling them to cooperate on a basis of mutual advantage and thereby
provide services and facilities in a manner and pursuant to forms of governmental organization that
accords best with geography, economy, population and other factors influencing the needs and
development of such public agencies; and
WHEREAS, this Interlocal Agreement will become effective upon filing with the Clerk of the
Court in the Fifteenth Judicial Circuit in accordance with the provisions of the Interlocal Cooperation
Act; and
WHEREAS, CITY hereby represents to CRA that it has the authority, pursuant to the Interlocal
Cooperation Act, to execute any and all documents necessary to effectuate and to implement the terms
of this Agreement; and
WHEREAS, CRA hereby represents to CITY that it has the authority, pursuant to the Interlocal
Cooperation Act, to execute any and all documents necessary to effectuate and to implement the terms
of this Agreement; and
NOW, THEREFORE, FOR AND IN CONSIDERATION of the mutual covenants and
agreements hereinafter set forth, the Parties hereto agree as follows:
Section 1. RECITALS
1.01 The above recitals are true and correct and are incorporated herein.
Section 2. TERM OF AGREEMENT
2.01 This Agreement shall be effective upon the approval of both parties and upon filing with the
Clerk of the Court in the Fifteenth Judicial Circuit and shall terminate upon the earlier of the
following: 1) the CRA reimbursing the CITY for final payment of the Grant of five hundred
sixty -seven thousand and five hundred dollars ($567,500.00) to Grantee consistent with the
terms of this Agreement; or 2) the failure of Grantee to obtain award underwriting approval of
a 9% Low Income Housing Tax Credit from Florida Housing Finance Corporation by June 30,
2018.
Section 3. DUTIES AND RESPONSIBILITIES OF THE PARTIES
3.01 The Parties agree that per Resolution No._, the Grant shall be paid by the CITY to Grantee 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 Grantee
upon: 1) Grantee providing evidence that they have been awarded a nine percent (9 %) low income tax
00919723 -1 Page 2 of 7
credit from the Florida Housing Finance Corporation; and 2) a real estate closing for the sale of the
project properties located at 700 N. Seacrest Boulevard in Boynton Beach, Florida, as described in
Exhibit "A."
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 Ocean Breeze East
project site located at 700 N. Seacrest Boulevard in Boynton Beach, Florida, 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
7.02 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 non - defaulting party may terminate 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 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.
00919723 -1 Page 3 of 7
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 so long as the Parties' rights and obligations contained in this Agreement
are not materially prejudiced and the intentions of the Parties can continue to be achieved.
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
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CRA: Michael Simon, Executive Director
Boynton Beach CRA
710 N. Federal Highway
Boynton Beach, Florida 33435
Copies To: James A. Cherof
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
00919723 -1 Page 5 of 7
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.
ATTEST:
Cit Clerk
• pr form:
'
C' y Attorney
Approved as to form:
C�R�A�Attorn�ey
CITY OF BOYNTON BEACH
a municipal corporation organized and existing under
the laws of the State of Florida
By:
Steven Grant, Mayor
BOYNTON BEACH COMMUNITY
REDEVELOPMENT AGENCY
a public agency orga ' ed d ex' g er the laws
of the State of o
By: '
Steven Grant, Chair
00919723 -1 Page 6 of 7
EXHIBIT "A"
00919723 -1 Page 7 of 7
EXHIBIT "A"
LEGAL DESCRIPTION
Lots 3 through 12 inclusive, in Block 1, Lots 1 and 2, in Block 1, LESS all that portion of lots 1 and
2 lying West of the East right -of -way line for "Seacrest Boulevard" as shown on Road Plat Book
5, at Page 182 and less a 20 foot return curve area for road right -of -way, PALM BEACH COUNTRY
CLUB ESTATES, according to the Plat thereof, as recorded in Plat Book 11, at Page 43, of the Public
Records of Palm Beach County, Florida, and the South Half (S1/2) of the East Half (E1/2) of Lot 2
of Subdivision of the West Half (W1/2) of the Southeast Quarter (SE1 /4) of Section 21, Township
45 South, Range 43 East, LESS the South 125 feet thereof; Less parcels conveyed to the City of
Boynton Beach by Official Records Book 852, Page 642 and LESS the right -of -way for "Seacrest
Boulevard" as shown on Road Plat Book 5, at Page 182, according to the Plat thereof, as recorded
in Plat Book 1, at Page 4, Public Records of Palm Beach County, Florida.
FLORIDA HOUSING FINANCE CORPORATION
LOCAL GOVERNMENT VERIFICATION OF CONTRIBUTION—GRANT FORM
Name of Development. Ocean Breeze East -
Development Location: 700 N.Seacrest Blvd.,Boynton Beach, FL 33435
(At a minimum,provide the address number,street name and city,and/or provide the street name,dosed 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 Boynton Beach commits$567,500-00 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: City of Boynton Beach Funds and/or Boynton Beach CRA Funds
(e.g.,SHIP,HOME,CDBG)
CERTIFICATION
I certify that the foregoing information is true and correct and that this commitment is effective at least through
the d eqi u he ap lica RFA.
-
/ Steven B.Grant
Sign.• e ` 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/Administrator/Coordinator,Chairperson of the City Council/Commission or Chairperson of the Board of
County Commissioners. If the 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 funds 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 signed. To be
considered for points,the amount of the contribution stated on this form must be a precise dollar amount 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 Housing Finance Corporation per Section 67-60.005,F.A.C.
(Form Rev.08-16)