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R22-060I RESOLUTION R22- 060 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, 4 APPROVING AND AUTHORIZING THE MAYOR TO SIGN THE REVISED 5 ARPA SUBRECIPIENT AGREEMENT, IN A FINAL FORM ACCEPTABLE 6 TO THE CITY ATTORNEY, BETWEEN THE CITY OF BOYNTON BEACH 7 AND WELLS LANDING APARTMENTS LLC., IN THE AMOUNT OF 8 $500,000.00 FOR THE USE OF AMERICAN RESCUE PLAN ACT (ARPA) 9 FUNDS TO COVER THE INCREASED CONSTRUCTION COSTS DUE TO 10 THE COVID-19 PANDEMIC; AND PROVIDING AN EFFECTIVE DATE. 11 12 WHEREAS, November 4, 2020 the City Commission approved the North and South 13 Project Site Plan Applications of Wells Landing Apartments LLC., for an affordable housing 14 and commercial development on Martin Luther King Blvd; and 15 WHEREAS, Wells Landing Apartments LLC., submitted a request to the CITY for 16 $500,000.00 in COVID-19 relief funds to support the increased construction costs of 17 affordable housing within the City of Boynton Beach, Florida due to the COVID-19 public 18 health emergency; and 19 WHEREAS, during its Special City Commission meeting on November 30, 2021, the 20 City Commissioner approved the request of Wells Landing Apartments LLC however changes 21 in the applicable ARPA funding regulations required changes be made to the Agreement 22 which required it to come back before the City Commission; and 23 WHEREAS, the City Commission deems it to be in the best interest of the citizens and 24 residents to approve and authorize the Mayor to sign the revised ARPA Subrecipient 25 Agreement, in a final form acceptable to the City Attorney, between the City of Boynton 26 Beach and Wells Landing Apartments LLC., in the amount of $500,000.00 for the use of 27 American Rescue Plan Act (ARPA) funds to cover the increased construction costs due to the 28 COVID-19 pandemic. 29 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF 30 BOYNTON BEACH, FLORIDA, THAT: 31 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 32 being true and correct and are hereby made a specific part of this Resolution upon adoption 33 hereof. S:\CA\RESO\Agreements\ARPA SubRecipient Agreement (revised) with Wells Landing - Reso.docx 34 Section 2. The City Commission of the City of Boynton Beach, Florida does hereby 35 authorize the Mayor to sign the revised ARPA Subrecipient Agreement between the City of 36 Boynton Beach and Wells Landing Apartments LLC., in the amount of $500,000.00, in a final 37 form acceptable to the City Attorney, for the use of American Rescue Plan Act (ARPA) funds 38 to cover the increased construction costs due to the COVID-19 pandemic, a copy of the 39 current form of the Agreement is attached hereto as Exhibit "A". 40 Section 3. This Resolution will become effective immediately upon passage. 41 PASSED AND ADOPTED this 19th day of April, 2022. 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 CITY OF BOYNTON BEACH, FLORIDA YES NO Mayor — Ty Penserga Vice -Mayor — Angela Cruz Commissioner —Woodrow L. Hay Commissioner—Thomas Turkin 1"eKey " Commissioner VOTE ATTEST. Cry,. al Gibson, MMC City Clerk (Corporate Seal) S:ICAIRESO\Agreements\ARPA SubRecipient Agreement (revised) with Wells Landing - Rcso.docx K ARPA SUBRECIPIENT AGREEMENT Between The CITY OF BOYNTON BEACH, FLORIDA And WELLS LANDING APARTMENTS LLC FOR AMERICAN RESCUE PLAN ACT ("ARPA") FUNDS TO BE USED FOR AFFORDABLE HOUSING THIS AGREEMENT is made between the CITY OF BOYNTON BEACH, FLORIDA (hereinafter "CITY"), and WELLS LANDING APARTMENTS LLC, a Florida limited liability company (hereinafter "SUBRECIPIENT"). WHEREAS, on March 11, 2021, President Joseph R. Biden signed into law the American Rescue Plan Act of 2021 (hereinafter "ARPA"); and WHEREAS, on May 10, 2021, the United States Department of the Treasury (hereinafter "US TREASURY") published guidance regarding the allowable usage of the Coronavirus State and Local Fiscal Recovery Funds (hereinafter "SLFRF") to be disseminated to local governments in accordance with the ARPA; and WHEREAS, the SUBRECIPIENT, submitted a request to the CITY for $500,000.00 in COVID-19 relief funds to support the increased construction costs of affordable housing within the City of Boynton Beach, Florida due to the COVID-19 public health emergency; and WHEREAS, the CITY intends to allocate a portion of its funds to assist entities within the City of Boynton Beach with the construction of affordable housing in accordance with all federal, state, and local guidelines regarding the usage of SLFRF funds; and WHEREAS, under ARPA, the CITY may transfer funds to a private entity for the purpose of meeting ARPA's goals for the development of affordable housing; and WHEREAS, in an effort to provide additional guidance regarding the eligible uses of SLFRF funds, the US TREASURY published the Interim Final Rule at 31 C.F.R. Part 35 and a document containing answers to Frequently Asked Questions regarding Coronavirus State and Local Fiscal Recovery Funds as of November 15, 2021 hereinafter "FAQ" [FAQ was updated on November 15, 2021]; and WHEREAS, 31 C.F.R. §35.6(b)(12)(ii) and Section 2.11 of the FAQ states that eligible services include the development of affordable housing; and WHEREAS, during its Special City Commission meeting on November 30, 2021, the City Commissioners (hereinafter "BOARD") approved the request from the SUBRECIPIENT subject to all federal, state, and local guidelines regarding the usage of the funds, including any contractual 100502080.1 306-9001821} (00502080.1306-9001821) guidelines set forth by the BOARD, as well as any audit requirements established by the Florida Auditor General's Office; and WHEREAS, the CITY and SUBRECIPIENT desire to enter into this Agreement. NOW, THEREFORE, in consideration of the foregoing recitals which are incorporated herein by reference, and the terms and conditions set forth below, the parties agree as follows: 1. EFFECTIVE DATE AND TERM This Agreement shall commence upon execution by all parties ("Commencement Date") and remain in effect for twelve (12) months subsequent to the Commencement Date, unless sooner terminated by the CITY in accordance with the terms herein. 2. GRAND TOTAL SLFRF FUNDS TO BE DISSEMINATED TO SUBRECIPIENT The grand total award of ARPA funds to be disseminated by the CITY to the SUBRECIPIENT as part of this Agreement shall not exceed $500,000.00. 3. LIMITATIONS REGARDING THE USE OF SLFRF FUNDS The SUBRECIPIENT shall ensure that all expenditures utilizing SLFRF funds received in accordance with this Agreement shall be limited to only those eligible services and expenses as outlined under the guidelines of ARPA for the development of affordable housing and in accordance with all applicable law and the US TREASURY FAQs. Pursuant to the timeframes under 31 CFR §35.5 and eligible project costs under 24 CFR 93.201, the SUBRECIPIENT may only use funds to cover eligible costs incurred forincreased construction costs due to the COVID-19 public health emergency in conformance with the attached Scope of Services, as set forth in Exhibit "A" attached hereto. Funds may not be used to pay interest or principal on other outstanding debt. 4. REPORTING REQUIREMENTS TO EMURE CU11 ELIAICE WITH ABPA In order to ensure compliance with the existing ARPA guidelines set forth by the US TREASURY while also ensuring that all expenditures within the scope of this Agreement adhere to future guidelines that may be established by the US TREASURY during the term of this Agreement, the SUBRECIPIENT, when requesting reimbursement for eligible ARPA expenditures, shall provide to the CITY a comprehensive and detailed list of all such expenditures on an itemized invoice, and shall also provide any backup documentation to support such expenditures. Said invoice must include a statement, signed by the SUBRECIPIENT, indicating that all expenditures therein comport with the guidelines of the ARPA as set forth by the US TREASURY. Reimbursement requests shall be submitted to the CITY no more than once per month. No reimbursement requests may be submitted to the CITY later than twelve (12) months subsequent to the Commencement Date. If any such future guidelines somehow prohibit SUBRECIPIENT's intended use of funds, then the parties will use reasonable good faith efforts to make sure the funds are used in accordance with such guidelines. 100502080.1 306-9001821} 100502080.1306-9001821) 5. TIMELINE REGARDING THE DISSEMINATION OF FUNDS TO SUBRECIPIENT Upon receipt of the SUBRECIPIENT's complete reimbursement request, the CITY shall disseminate funds for all eligible ARPA expenditures therein within thirty (30) days of receipt of said reimbursement request. The dissemination of SLFRF funds shall only occur after the CITY reviews the SUBRECIPIENT's reimbursement request to ensure that all expenditures detailed therein qualify for reimbursement in accordance with all published federal, state, and local guidance regarding the use of SLFRF funds as specified in the ARPA. All payments from the CITY to the SUBRECIPIENT are subject to all applicable federal, state, and local laws regarding the governance of CITY funds within the ARPA. 6. EVOLUTION OF ARPA GUIDANCE FROM THE US TREASURY The CITY may request additional information from the SUBRECIPIENT, as needed, to meet any additional guidelines regarding the use of the funds that may be established by the US TREASURY during the term of this Agreement. 7. TERMINATION The CITY may terminate this Agreement, for convenience or otherwise and for no consideration or damages, upon prior notice to the SUBRECIPIENT. Termination of the Agreement will not affect funding that has already occurred. 8. INDEPENDENT CONTRACTOR Each party under the Agreement shall be for all purposes an independent Contractor. Nothing contained herein will be deemed to create an association, a partnership, a joint venture, or a relationship of principal and agent, or employer and employee between the parties. The SUBRECIPIENT shall not be, or be deemed to be, or act or purport to act, as an employee, agent, or representative of the CITY for any purpose. 9. HOLD HARMLLSS AND INDEMNIFICAT l O N The SUBRECIPIENT agrees to defend, indemnify, and hold the CITY, its officers, officials, employees, agents, and volunteers harmless from and against any and all third party claims, injuries, actual out of pocket damages, losses or expenses, including without limitation personal injury, bodily injury, sickness, disease, or death, or damage to or destruction of property, which are alleged or proven to be caused in whole or in part by an act or omission of the SUBRECIPIENT, its officers, directors, employees, and/or agents relating to the SUBRECIPIENT's performance or failure to perform under this Agreement, unless such claim, injury, damages, losses or expenses, resulted out of the CITY, its officers, officials, employees, agents, and volunteers own misconduct or negligence. The SUBRECIPIENT shall be entitled to prior notice and an opportunity to defend any indemnifiable third party claim. This section shall survive the expiration or termination of this Agreement. {00502080.1 306-9001821} (00502080.1 306-9001821) 10. COMPLIANCE WITH LAWS AND GUIDELINES The SUBRECIPIENT shall comply with all applicable federal, state, and local laws and all requirements and published guidance set forth regarding the usage of any and all monies appropriated under the ARPA. The SUBRECIPIENT agrees to execute any further documents necessary for this Agreement and the transfer of funds, as provided herein, to comply with any federal, state, and local laws or requirements under the ARPA. 11. MAINTENANCE AND AUDIT OF RECORDS The SUBRECIPIENT shall maintain records, books, documents, and other materials relevant to its performance under this Agreement. These records shall be subject to inspection, review, and audit by the CITY or its designees, and the US TREASURY for seven (7) years following termination of this Agreement. If it is determined during the course of the audit that the SUBRECIPIENT was reimbursed for unallowable costs under this Agreement or any, the SUBRECIPIENT agrees to promptly reimburse the CITY for such payments upon request. 12. NOTICES Any notices desired or required to be given hereunder shall be in writing, and shall be deemed received three (3) days after deposit with the US Postal Service (postage fully prepaid, certified mail, return receipt requested), and addressed to the party to which it is intended at its last known address, or to such person or address as either party shall designate to the other from time to time in writing forwarded in like manner: SUBRECIPIENT Wells Landing Apartments LLC 7735 NW 1461h Street, Suite 306 Miami Lakes, FL 33015 Attention: Lewis V. Swezy Telephone: (305) 821-0330 With a Copy to: Nelson Mullins Broad and Cassel 390 North Orange Avenue, Suite 1400 Orlando, Florida 32801 Attn: Randal M. Alligood, Esq. Telephone: (407) 839-4202 CITY Lori LaVerriere, City Manager City of Boynton Beach 100 East Ocean Ave, Boynton Beach, Florida 33435 Telephone No. (561) 742-6000 With a Copy To: James A. Cherof, City Attorney Goren, Cherof, Doody & Ezrol, P.A. 3099 East Commercial Boulevard, Suite 200 {00502080.1 306-9001821} (00502080.1306-9001821) Fort Lauderdale, Florida 33308 Telephone No. (954) 771-4500 Facsimile No. (954) 771-4923 13. IMPROPER f *'FLUENCE Each party warrants that it did not and will not employ, retain, or contract with any person or entity on a contingent compensation basis for the purpose of seeking, obtaining, maintaining, or extending this Agreement. Each party agrees, warrants, and represents that no gratuity whatsoever has been or will be offered or conferred with a view towards obtaining, maintaining, or extending this Agreement. 14. CONFLICT OF INTEREST The elected and appointed officials and employees of the parties shall not have any personal interest, direct or indirect, which gives rise to a conflict of interest. 15. PUBLIC RECORDS The CITY is a public agency subject to Chapter 119, Florida Statutes. SUBRECIPIENT shall comply with Florida's Public Records Law. Specifically, SUBRECIPIENT shall: A. Keep and maintain public records required by the CITY; B. Upon request from the CITY's custodian of public records, provide the CITY with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a coast that does not exceed the cost provided in Chapter 119, Florida Statutes, or as otherwise provided by law; C. Ensure that public records that are exempt or that are confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and, following completion of the Agreement, SUBRECIPIENT shall destroy all copies of such confidential and exempt records remaining in its possession after SUBRECIPIENT transfers the records in its possession to the CITY; and D. Upon completion of the Agreement, SUBRECIPIENT shall transfer to the CITY, at no cost to the CITY, all public records in SUBRECIPIENT's possession. All records stored electronically by SUBRECIPIENT must be provided to the CITY, upon request from the CITY's custodian or public records, in a format that is compatible with the information technology systems of the CITY. The failure of SUBRECIPIENT to comply with the provisions set forth in the Agreement shall constitute a Default and Breach of the Agreement, for which, the CITY may terminate the Agreement. IF SUBRECIPIENT HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO SUBRECIPIENT'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THE AGREEMENT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: CRYSTAL GIBSON, CITY CLERK PO BOX 310, BOYNTON BEACH, FLORIDA, 33425 561-742-6061 GIBSONC@BBFL.US (00502080.1306-9001821) (00502080.1306-9001821) 16. TIME Time is of the essence in this Agreement. 17. SURVIVAL The provisions of this Agreement that by their sense and purpose should survive expiration or termination of the Agreement shall so survive. Those provisions include without limitation Indemnification and Maintenance and Audit of Records. 18. AMENDMENT No amendment or modification to the Agreement shall be effective without prior written consent of the authorized representatives of the parties. 19. GOVERNING LAW. VENUE The Agreement shall be governed in all respects by the laws of the State of Florida, both as to interpretation and performance, without regard to conflicts of law or choice of law provisions. Any action arising out of or in conjunction with the Agreement may be instituted and maintained only in a court of competent jurisdiction in Palm Beach County, Florida. 20. NON -WAIVER No failure on the part of the CITY to exercise, and no delay in exercising, any right hereunder shall operate as a waiver thereof, nor shall any single or partial exercise by the CITY of any right hereunder preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any remedy available to the CITY at law or in equity. 21. BINDING EFFECT This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors. 22. ASSIGNMENT The SUBRECIPIENT shall not assign or transfer any of its interests in or obligations under this Agreement without the prior written consent of the CITY. 23. ENTIRE AGREEMENT This Agreement constitutes the entire agreement between the CITY and the SUBRECIPIENT for the use of funds received under this Agreement and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written between the parties with respect to this Agreement. 24. NO THIRD -PARTY BENEFICIARIES Nothing herein shall or be deemed to create or confer any right, action, or benefit in, to, or on the part of any person or entity that is not a party to this Agreement. This provision shall not limit any obligation which either party has to the US TREASURY in connection with the use of ARPA funds, including the obligations to provide access to records and cooperate with audits as provided in this Agreement. {00502080.1 306-9001821} 100502080.1306-90018211 25. CIVIL RIGHTS COMPLIANCE SubRecipients of Federal financial assistance from the US TREASURY are required to meet legal requirements relating to nondiscrimination and nondiscriminatory use of Federal funds. Those requirements include ensuring that entities receiving Federal financial assistance from the US TREASURY do not deny benefits or services, or otherwise discriminate on the basis of race, color, national origin (including limited English proficiency), disability, age, or sex (including sexual orientation and gender identity), in accordance with the following authorities: Title VI of the Civil Rights Act of 1964 (Title VI) Public Law 88-352, 42 U.S.C. 2000d-1 et seq., and the Department's implementing regulations, 31 CFR part 22; Section 504 of the Rehabilitation Act of 1973 (Section 504), Public Law 93-112, as amended by Public Law 93-516,29 U.S.C. 794; Title IX of the Education Amendments of 1972 (Title IX), 20 U.S.C. 1681 et seq., and the Department's implementing regulations, 31 CFR part 28 [Title IX of the Education Amendments is not applicable]; Age Discrimination Act of 1975, Public Law 94-135, 42 U.S.C. 6101 et seq., and the Department implementing regulations at 31 CFR part 23. 26. SEVERABILITY In the event that one or more provisions of this Agreement shall be determined to be invalid by any court of competent jurisdiction or agency having jurisdiction thereof, the remainder of the Agreement shall remain in full force and effect and the invalid provisions shall be deemed deleted. 27. COUNTERPARTS This Agreement maybe executed in on or more counterparts, any of which shall be deemed an original, but all of which together shall constitute one and the same instrument. 28. AUTHORIZATION Each party signing below warrants to the other party, that they have the full power and authority to execute this Agreement on behalf of the party for whom they sign. [This Space is Intentionally Blank; Signature Page to Follow] {00502080.1306-9001821) {00502080.1 306-90018211 IN WITNESS WHEREOF, this Agreement is executed and shall become effective as of the last date signed below: Dated this_ 2kA day of SUBRECIPIENT: Wells Landing Apartments LLC, a Florida limited liability -company By. Wells Landing Manager, LLC a Florida Limited liability company, its Manager By: Lewis V. Swezy, Manager APPROVED AS TO J�ORM. r Offige the City Atto�r iey ATTEST: 6YA Gibson, City C erk , 2022, CITY OF BOYNTON BEACH F.,:5�7� Ty Pe ,May (00502030.1 306.9C018211 (00502030.1306-9001821) EXHIBIT A SCOPE OF SERVICES {00502080.1 306-9001821} {00502080.1 306-9001821} City of Boynton Beach ARPA Subrecipient Subaward Agreement for Coronavirus State and Local Fiscal Recovery Funds ATTACHMENT "A" - SCOPE OF SERVICES Project Name: Wells Landing Apartments, LLC ARPA Funding EC 2.15 Housing Support: Affordable Housing Priority: Project Location: On the N and S sides of E. Martin Luther King Jr. Blvd., approximately 150' E of the Intersection of N Seacrest Blvd. and Martin Luther King Jr. Blvd., Boynton Beach, FL Project Manager: Mr. Lewis Swezy Company: Wells Landing Apartments, LLC dba Heart of Boynton Village Apartments, LLC Tax ID #: 84-3654144 Contact Name: Mr. Lewis Swezy Contact Email: -Lswezy@centennia[mgt.com Contact Mailing 7735 NW 146th Street, Miami Lakes, FL 33016 Address: Project Description MLK Jr. Boulevard Corridor Affordable Multi -Family Rental Apartment Project. Mixed-use development includes two four story buildings and one three (3) -story building with 124 affordable housing dwelling units and 8,250 square feet of ground floor commercial uses. ARPA funding will only be utilized in the residential components of the Project. Deliverables: Metric: Purchase of Affordable Housing construction materials. (Metrics/Outcomes) Outcome: All budgeted funds are expended for Affordable Housing construction materials. Payment Terms: Project Timeline: (For purposes of ARPA grant funding only) Page 1 of 2 Reimbursement for eligible ARPA expenditures under the Subrecipient Agreement. Subrecipient will submit a comprehensive and detailed list of all expenditures on an itemized invoice, with all backup documentation to support expenditures. Invoice must include a statement, signed by the Subrecipient, indicating that all expenditures are eligible under the US Treasury guidelines for ABPA. All quarterly reports, reimbursement requests, and corresponding eligible expenditure documentation must be provided to the ARPA Project Manager at lejeunec@bbfl.us no later than 4:00 pm on the 15=h day of the month following each quarter, until project is Closed Out by the City. (See Quarterly Reporting Schedule below). The City will make payment within thirty (30) days of receipt of the required documentation. No reimbursement requests may be submitted to the City later than twelve (12) months after the Project Start Date. The Subrecipient will be notified in writing by the ARPA Project Manager of any expenditures that are deemed non -eligible. All other terms of this ARPA Subrecipient Agreement apply. Project Start Date: When Subrecipient Agreement is fully executed. Project End Date: 12 months from date of fully executed agreement. Subrecipient must provide quarterly reports as indicated in the Quarterly Reporting Schedule below. Quarterly reports must include: All ARPA funds received from the City for each quarter and total to date. BUDGET $500,000.00 for increased construction costs of affordable housing, due to the COVID-19 public health emergency, within the City of Boynton Beach, Florida, Wells Landing Apartments, LLC Expenditures for Affordable Housing Construction Materials $500,000.00 Total Budget Request $500,000.00 Page 2 of 2 • All eligible expenditures of ARPA funds received from the City each quarter and total to date. • All metrics and outcomes for each quarter and total to date. • All receipts for eligible expenditures of ARPA funds spent within the reporting quarter. Quarterly Reporting Schedule Report Year Quarter Period Covered Due Date 1 2022 1 January 1— March 31 April 15, 2022 2 2022 2 April 1—June 30 July 15, 2022 3 2022 3 July 1— September 30 October 15, 2022 4 2022 4 October 1— December 31 January 15, 2023 5 1 2023 1 January 1— March 31 April 15, 2023 6 2023 2 April 1—June 30 July 31 July 15, 2023 7 2023 3 July 1— September 30 October 15, 2023 8 2023 4 October 1— December 31 January 15, 2024 9 2024 1 January 1— March 31 April 15, 2024 10 2024 2 April 1—June 30 July 31 July 15, 2024 11 2024 3 July 1— September 30 October 15, 2024 12 2024 4 October 1— December 31 January 15, 2025 BUDGET $500,000.00 for increased construction costs of affordable housing, due to the COVID-19 public health emergency, within the City of Boynton Beach, Florida, Wells Landing Apartments, LLC Expenditures for Affordable Housing Construction Materials $500,000.00 Total Budget Request $500,000.00 Page 2 of 2 f till I imm TU N30S Ulm eiue sx»yw,aaurwn i :,.,�xnn � JUDILIHOW'WaaeaH of+YR zi f VH OF ; R ICiE_� pp •:r � • _ ae ao LR aA ao • � 1 i p :MCR_ C6 � GL� • I on ad - as qo� 0 0 f. I R - a---. ; R ICiE_� pp •:r � • _ ae ao LR aA ao • � 1 i p :MCR_ C6 � GL� • I on ad - as qo� � �� f 9103;I■EHpO�Wae 0 iJ! �91 a I u i 0 iJ! �91 a I u i m J G re D uaroxemlmnuisre�vuvuxuvsaruxnmxxR�umeaw�inv�i edm�aw'i'rns omua�nauvnimua®w�xavmcoxwu>auxva�'esowm'e�vsmrsamamAemwv 1 2 3 4 5 6 7 8 9 10 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION R21-166 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING AND AUTHORIZING THE MAYOR TO SIGN THE ARPA SUBRECIPIENT AGREEMENT, IN A FINAL FORM ACCEPTABLE TO THE CITY ATTORNEY, BETWEEN THE CITY OF BOYNTON BEACH AND WELLS LANDING, LLC., IN THE AMOUNT OF $500,000.00 FOR THE USE OF AMERICAN RESCUE PLAN ACT (ARPA) FUNDS TO COVER THE INCREASED CONSTRUCTION COSTS DUE TO THE COVID-19 PANDEMIC.; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, November 4, 2020 the City Commission approved the North and South Project Site Plan Applications of Wells Landing, LLC., for an affordable housing and commercial development on Martin Luther King Blvd; and WHEREAS, Wells Landing, LLC., has identified a shortfall of approximately $4.9 Million due to the rise in construction costs (20-30%) and the State's reduction in rent as a result of the pandemic which decreased Wells Landing's ability to secure approximately $1 Million in loan for the project; and WHEREAS, the project is currently in the City for building permit review and permit issuance is expected very soon, therefore, if the shortfall can be filled, Wells Landing has committed to delivering the project in 12 months; and WHEREAS, the City Commission deems it to be in the best interest of the citizens and residents to approve and authorize the Mayor to sign the ARPA Subrecipient Agreement, in a final form acceptable to the City Attorney, between the City of Boynton Beach and Wells Landing, LLC., in the amount of $500,000.00 for the use of American Rescue Plan Act (ARPA) funds to cover the increased construction costs due to the COVID-19 pandemic. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: S:SCA\RESO\Agreements'',Grants\ARPA SubRecipient Agreement with Centennial - Reso.docx 29 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 30 being true and correct and are hereby made a specific part of this Resolution upon adoption 31 hereof. 32 Section 2. The City Commission of the City of Boynton Beach, Florida does hereby 33 authorize the Mayor to sign the ARPA Subrecipient Agreement between the City of Boynton 34 Beach and Wells Landing, LLC., in the amount of $500,000.00 for the use of American Rescue 35 Plan Act (ARPA) funds to cover the increased construction costs due to the COVID-19 36 pandemic., a copy of the Agreement in a final form acceptable to the City Attorney is attached 37 hereto as Exhibit "A". 38 Section 3. This Resolution will become effective immediately upon passage 39 PASSED AND ADOPTED this 30th day of November, 2021. 40 CITY OF BOYNTON BEACH, FLORIDA 41 YES NO 42 43 Mayor — Steven B. Grant 44 45 Vice Mayor — Woodrow L. Hay 46 47 Commissioner —Justin Katz 48 49 Commissioner — Christina L. Romelus 50 51 Commissioner — Ty Penserga 52 53 VOTE .50_0 54 ATTEST: 55 ! . 55 57 Cr/stat Gibson, MMC 58 City Clerk �}•,� 59 60 (Corporate Seal) S:1CAIRESQ1.4greementst.GrantslARPA SubRecipient Agreement with Centennial - Reso.docx 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 RESOLUTION NO, R19-101 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 TO PROVIDE FINANCIAL SUPPORT TO WELLS LANDING, LLC IN ASSOCIATION WITH THEIR APPLICATION FOR THE 9% TAX CREDIT FOR LOW INCOME HOUSING TAX CREDITS AND SIGN ANY RELATED APPLICATION DOCUMENTS TO CONFIRM SUCH SUPPORT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, On September 10, 2019, the Boynton Beach Community Redevelopment Agency (CRA) Board approved an Interlocal Agreement with the City of Boynton Beach for funding of the Local Government Contribution match of $625,750 in connection with Wells Landing LLC project in connection with their application for 9% Low Income Housing Tax Credit Program; and WHEREAS, the application requires the Local Government, which is the City of Boynton Beach, to verify the contribution amount of $625,750 as part of Wells Landing, LLC (Centennial Management Corporation) application submission; and WHEREAS, the Interlocal Agreement that is being recommended provides for the financial support to be paid by the Boynton Beach Community Redevelopment Agency which contribution is dependent upon Centennial Management Corporation's 9% LIHTC Program application being successful; and WHEREAS, the City Commission of the City of Boynton Beach, Florida, upon the recommendation of staff, deems it to be in the best interests of the City residents to approve and authorize the Mayor to sign an Interlocal Agreement with the Boynton Beach Community Redevelopment Agency to provide financial support to the Wells Landing, LLC in association with their application for the 9% tax credit for Low Income Housing Tax Credits and sign any related application documents to confirm such support. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: C:\Users\Stanzionet\Appdata\Local\Microsoft\Windows\Inctcache\IE\94XIWK7N\ILA_With_CRA_For Wells_Landing_Finaneial_Support Reso.Docx 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 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 to provide financial support to the Wells Landing, LLC in association with their application for the 9% tax credit for Low Income Housing Tax Credits and 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 / day of , 2019. CITY OF BOYNTON BEACH, FLORIDA YES NO Mayor — Steven B. Grant l/ Vice Mayor — Justin Katz t// Commissioner — Mack McCray Commissioner — Christina L. Romelus Commissioner — Ty Penserga ✓ VOTE ATTEST: Cr tal Gibson, MMC City Clerk t (Corporate Seal) .• ''fid • ha 1920 e f �r, 7� '+++ +• ©RIU _ C:\Users\Stanzionet\Appdata\Loca]%Microso$\Windows\lnetcache\IE194XIWK7N\ILA_With_CRA_For_Wells_Landing_Financial_Support Reso.Docx