R05-176
Name
Return to: (enclose self-addressed stamped envelope)
Address:
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CFN 200=,07E.191 '9
OR BK 19662 PG 0893
RECORDED 12/13/2005 14 :10:58
Palm Beach County. Flor~ida
SherCI(l R. Bock. CLERK t COMPTROLLER
Pgs 0893 - 895. i3p9s)
, II' n -
" . ,: ,)
Jfti of the City cter'
City f Boynton Beach
P. . Box 310
80y 011 Beach, Florida
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JJ4Z)
RESOLUTION NO. 05- , I Co
A RESOLUTION OF THE CITY OF BO'YNTON
BEACH, FLORIDA ASSESSING THE COSTS OF
ABATEMENT OF CERTAIN NUISANCES
AGAINST THE OWNERS OF THE
PROPERTIES INVOL VED; PROVIDING FOR
AN ADDITIONAL ADMINISTRATIVE FEE
PRIOR TO RECORDATION OF LIENS; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Manager or his designated representative, acting on behalf of
the City, has pursuant to Section 10-5 of the Code of Ordinances of the City of Boynton
Beach, found and determined that the condition of certain property or parcels of land as
hereinafter described violate Section 10-2 and 10-3 of said Code by reason of the unsafe
structures located on the property which were detrimental to the health and welfare of the
residents of the City, thereby constituting a nuisance; and
WHEREAS, the owners of the parcel(s) of property hereinafter descrihed were duly
notified in accordance with Section 10-5 of the City Code of Ordinances and were required
to abate the nuisance; and
WHEREAS, said nuisance was not abated as required; and,
WHEREAS, pursuant to, and in accordance with the procedure set forth in Chapter
10 of the Code of Ordinances of the City of Boynton Beach, the City abated said nuisance;
and
WHEREAS, the City Manager or his authorized representative has made a report of
costs actually incurred by the City and abatement of said nuisance as to the property(s)
involved, which is described in Exhibit "A" attached to this Resolution; and
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WHEREAS, upon passage of this Resolution, the property owners will be furnished
with a copy of this Resolution, and given one more opportunity to remit all costs associated
with the abatement in full within 30 days of the passage of the Resolution, before transmittal
to tht: County for recordation of Liens; and
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38 WHEREAS, at the time of recordation of Liens in the Public Records of Palm
39 Beach County, the City Clerk's office will add an additional administrative fee in the
40 amount of$30.00 to each Lien; and
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42 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
43 THE CITY OF BOYNTON BEACH, FLORIDA AS FOLLOWS:
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45 Section 1: Each Whereas clause set forth above is true and correct and
46 incorporated herein by this reference.
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Section 2: The amount of costs incurred by the City and the abatement of the
above-described nuisance as to the parcels of land, owned and indicated to wit:
SEE ATTACHED COMPOSITE EXHIBIT "A"
Subject amount is hereby assessed as liens against said parcels of land as indicated, plus an
additional administrative charge of $30.00 for each Lien. Liens shall be of equal dignity
with the taxes therefrom for the year 2005, and shall be enforced and collected in like
manner pursuant to applicable provisions of law, In the event collection proceedings are
necessary, the property owner shall pay all costs of the proceedings, including reasonable
attorneys fees,
Section 3.
This Resolution shall become effective immediately upon passage.
PASSED AND ADOPTED this ~ day of October, 2005.
CITY OF BOYNTON BEACH, FLORIDA
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ATTEST:
,
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~t-.. ..S
Commissioner ~
t y: ~', b d- ~,. f\ it
f.l,Cl5"-O/c.(.,
lNTERLOCAL AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH
("CITY") AND 'fHJ;;.BOXl"TON BEACH COMMUNITY
nEDEVELOPl\1ENT AGENCY ("CRA")
This Interlocal Agreement (hereinafter "Agreement") is made the I q . day
orA po" . I ' 2005, between the CITY OF BOYNTON BEACH, a municipality
located m Palm Beach County, Florida tnel'einafter "CITY") and BOYNTON BEACH
COMMUNITY REDEVELOPMENT A(;F.NCY, a public agency created pursuant to
Charter 163, Part Ill, of the Florida Statutes (hereafter "eRA"), each one constituting a
public agency as defined in Part I of Chapter 163, Florida Statutes.
RECITALS
WHEREAS, Section 163.01, Florida Statutes, known as the "Florida Interlocal
Cooperation Act of 1969" authorizes local governments to make the most efficient use of
their powers by enabling them to cooperate with other localities on a basis of mutual
advantage and thereby to provide services and facilities that would harmonize
geographic, economic, population and other faclors il1l1ue""Lllg the .,eeds ""d
ltcvcltJpluelltiS of local Gomm.unitic.5; wtd
WHERF.AS, in September 2004, following Hurricanes Francis and Jeanne, the
City's building and code inspectors conducted a damage assessment of a number of
multi-family housing complexes in the CITY, including the 16 buHding, 89 unit complex
known as BOYNTON TERRACE (hereinafter the "Apar1ment Complex"); and
WHEREAS, as the result of this assessment the inspectors discovered a number
of structural and environmental problems at the Aparlment Complex, many of which
predated the hurricanes; and
WHEREAS, b,,"eu UIl '''pOfts proviuQd by lOdepQlldcnl enginecnng and
environm"ntaJ consultants hired by the CITY to ~"nrlllr.t a detailed examination of the
slmctural and environmental integrity oflhe Apartment Complex, the City's building
officials fO~llJ.d it necessary to declare all 16 buildings of the Apartment eomplex to be
"unsafe;" and
\VHEREAS. the UWllel' 1)[ (he Al'artmcnt Complox, despite requests JiOln the
CITY (0 do so, have failed to express their intent ar ability to rehabilitat" the stmctures of
the Apartmenl Complex as requin..'<l; and
WHEREAS, the Building Official of the CITY has formally notified the owners
that in the interest of public safety it is necessary to move the Apartment Complex
forward for demolition; and
WHEREAS, the CITY's Development Department has assisted in relocating all
of the residents of the Apartment Complex from the unsafe structures including through
the ~se 01' Community Development Block Grant funds to pay for moving expenses and
security deposits at suitable alternate housing sites; and
WHl?llFAfl. th~ CTTY h". !"",eived ""rima/e,< indie,"line th>tt the costs of
demolition of the Apartment Complex would be approximatoly Three Hundred Fifty
Thousand Dollars ($350,000.00); and
WHEREAS, the Apartment Complex IS In the eRA's Heart of Boynton
Redevelopment Area; and
WHEREAS, the parcel of land upon which the Apartment Complex sits consists
of 8.48 acres that the eRA would have otherwise been interested in purchasing or
PiuviuiuM- im;cnli"cs lu lhe UWJJcr.s ur ulhcr ucvdupeTIi to r~build or rodevr:1op pursuant to
the He'"t of Boynton Redevelopment Area progI'llIl1; and
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WHEREAS, the CITY \loes not have sufficient funds budgeted or available to
pay for the costs of demolition of the Apartment Complex (hereinafter the "Project"),
NOW J THEREFORE, in con~iUc:n:lLion of the 111UtUaI covenants, prom.is(5) and
agreements herein contained~ the parties agree H."i. f(}l1nw$i~
Section 1. R~itals. The toregoing recitals are true and correct at the time of the
execution of this Agreement and are incorporated herein,
Section 2. Effective Date. The effective date of this Agreement is the date set forth
above which shall occur after the lor111a1 approval of this Agreement by the eity
Commission of Boynton Beach and the Board of the eRA.
Section 3. Project to be completed by the City. The CITY agrees that no later than
sixty (60) days after the etledive datc of this Agreement, it shall enter into a contract or
CO.1ltracts with a reputable and duly licensed contractor or conlructoTs for the complete
and total demolition of.ll "Irndllrl":' loc.ated on the 8.48 acres of land upon which the
Apartment Complex sits. Upon entering into the contract(s) for demolitiOIl, the CITY
shall provide the CRA with copies of the executed contracts. During the course of the
Project. the CITY shall keep the eRA regularly infomled as to its progress.
It is further understood and agreed that the CITY retains all responsibility for
compliance with the terms and provisions of the demolition contract(s), for pennitting
and inspections of the Project as it moves forward and upon telmination, and tor
enforcement of the contract(s)' terms as a~ainsllho cunLniutm(s). CRA's ,,"ly lvl" ill Lho
project i. to provide funding to the CI1'Y as seL forth in Section 3 below and as otherwise
provided in this Agreement.
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Section 4. Pavment bv the CIU, Payment for the costs of the Project up to a
maximum of Three Hundred Fifty Thousand Dollars ($350,000.00) shalJ be made by tlle
CRA. Payment shall be mau" 3t)t)Ullli"!iI to " schedule of paymonts .ot fortb in the
contr..ct(s) entered into by the CITY and upon written t.t'rlific~t;nn with ,u!,porting
documentation by the CITY, that the task or tasks required of the contractor(s) for the
requested progress payments have been successfully completed. In the event of any
dispute between the CITY and the contraclor(s) over the right of any contractor to receive
all or a.'W payments Wlder the contract(s), the CRA shall comply with the direction of the
CITY and shall be indemnified by the ClTY as set forth in Section 6 below.
Section S. Priority of CRA Lien. The CITY shall undertake the Project pursuant
to all statutes, ordinances, regulations and proceedings in such a manner as to authorize
the imposition of a lien on tho real property of the Project for the costs of the demolition
work TTpon the r.ompletion of the work, the City shall record a lien against the property
in favor of the City (the "Denlolition Lien") for all costs and expenses of the demolition
with interest at the applicable legal rate ill the Public Records of Palm Beach COUllty,
Florida, Concurrently with the recording of the Demolition Lien, the City shall assign
the City's interest in the Demolition Lien to the CRA. The City makes no warranties to
the eRA regarding the enforceability of the Demolition Lien, once assigned to the eRA.
The limn of the Demolition Lien and the assigrunent thereof to the eRA shall be
applUveJ by the eRA,
The CITY agrees that the Demolition Lien shall have priority over any and all
liens and encumbrances which, as of the date of the recording of the Demolition Lien,
exist in favor of the CITY. To that end the CITY agrees to the execution and recording of
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an Assignment and Encumbrance Subordination Agreement (" S uboTdination
Agreement") in the form attached hereto as exhibit A. Once the DemohtlOn LIen and
the Subun.1illatiuu Aglecmcllt have been recorded in the Public Rec'mb of Palm Dcoch
County, the CITY shan defend any action filed challenging or contesting the legahly of
the Demolition Lien, or the anthority of the CITY to place the Demolition Lien on the
Property. The CITY shall be entilled to recover its costs associated with deI'ending the
legality of the Demolition Lien or the authority of the CITY to place1he Dcmlolition Lien
011 the Property from the CRA at such tin1e as the CRA either torecloses, or receives
funds to satisfy the Demolition Lien; provided however, that before seeking
reimbursement from the CRA of any or all such costs, the City, in defending the legality
or validity ofthe Demolition Lien, shall have made every reasonable effOlt to recover its
attorneys' fees and coo.ts, jf statu.torily or othernrise legally provjded for, from the
oPposin2 party in any such action. To the extent that such cosls are not recovered. or are
not recovered in full. the City shall recover such costs from the CRA as provided herein.
The CRA, al its own cost and elCpense, shall be entitled to foreclose the Demolition Lien
at anytime following the recording and assiglUllent of the Demolition Lien by the CITY.
Section 6. IndemnlficatioD. Without waiver of limitation as per Section
768,28(5), Florida Statutes, and to the extent permitted by law, the CITY agrees to
mdemlllty and hold harmless the eRA from any claims, losses, demand, cause of action
or liabjljty of what'o~vel killl.1 Ul ""lwe: 111111 ~le: eRA, it. ao:;enls or employees mayor
r,ouTlllnr,Hr 11.1j. ;?I result of or emanating out of the terrns and conditions contained in this
Agreement and contained in the CITY's contract(s) for the Project. that result from
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CITY's or any contractor'(s)negligence or willful conduct (or that of their respective
agents or employees) or from breach of this Agreement or the demolitiun CUI1~1 act(s)
Section 7. Otv's Proiecl Related Af!rcemellts.
The CITY furth"r agrees;
a. To maintain books, records, documents, and other evidence whicll
sufficiently and properly rellect all costs of any nature incurred i:l the
perfonmmee ofthis Agreement;
b. That all records shall be subject to the Public Records Law, Chapter 119,
Florida Statutes;
c, That the eRA shall be promptly reimbursed for aJlY funds whIch are
misused or misspent;
d, To complete the project and submit" final project report to th~ eRA hy
the Aere_m""t expiration date noted in Section 9 below. The final report
shall include a final paynlMt request, along with the SUbstantiating
documentation,
Seetion 8. Access aDd Audits. The CITY shall maintain adequate records to justify
all charges. expenses and costs incurred in accordance with generally accepted
accounting principles, The eRA shall have access to all books, records, and documents as
required in this section for the purpose ot inspection or audit during noma! business
hours during the l~ml lIf this Ag.eelllent llnd f", at Ie""t three (3) )'OUTlIllftor oompl~tion
of the Project.
Section 9. Effective TeX.roITermillation. The term of this Agreement shall be
effective on the date set forth above and shall conlinue in full force anu effect until
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September 30, 2005, unloss othetwise tern1inated as provided herein. This Agreement
may be termmatcd by either party upon thirty (30) days written notice by the terminating
pm1y to the other pa.rly. provided thot tho CRA will not arbilTtuily Or UItraaeonably deny
fimcling to the rTTY under the terms and conditions set forth herein,
Section 10. Notices. Any and all notices required or pennitted to be delivered
pursuant to the terms of this Agreement shall be effective upon receipt, but in any event
no later than three (3) days after posting by D.S, Mail, certified or registered, postage
prepaid or one (1) day after deljvery to an expedited courier service such as Federal
Express to the addre;sses listed below. Any of the parties described herein may change
their address by giving notice to all other parties set forth in this subsection,
lfto the CITY:
With a copy to:
If to the eRA:
With a copy to:
City ofBoynl011 Beach
100 East Boynton Beach Boulevard
Boynton Beach. Florida 33425
Attention: Kurt Bressner, City Manager
James Cherot; Esq., City Anomey
3099 East Commercial Boulevard
Suite 200
Fort Lauderdale, Florida 33308
Boynton Beach Community Redevelopment Agency
639 E. Ocean Avenue, Suite 107
Boynton Beach, Florida 33435
Altention: Douglas C. Hutchinson, Director
Kenneth G. SpilJias, Esquire
Lewi., Lon~an & Walker, P.A,
1700 Palm Beach Lakes Boulevard, Suite 1000
W""I Palm BeRch, Floricls 11401
7
Section 11.
No Tblrd Partv Beneficiaries.
This Agreement shall inure to the
benefit of the parties, t~elf successors and assigns, and shall ereale 110 rillhts (JI interests
to or for any thinl p"'ty not" p..-ly heret".
Section 12. Enforcement Cl>'lh. Any costs or expenses (ineludinll: reasonable
attorneys' fees) associated with the enforcement of the terms and/or conditions of this
Agreement shall be borne by the respective parties provided, however, tllal this clause
pertains only to the parties to this Agreement.
Set'tion 13. Remedies. This Agreement shall be construed by aml governed by the
laws of the State of Florida. Any and all legal actions necessary to enforce the Agreement
will be conducted in Palnl Beach County. No remedy herein conferred upon any party IS
intended to be exclusive of any other remedy, ami e,,~h ami "veq such remedy shall be
eumulativc Md shall be in addition to ever)y other renledy given hereinundef O'f Tlf'lW or
hereafter exi..tine at law or in equity or by statute or otherwise. No single or partial
exercise by any party of any right, power or remedy hereinunder shall preclude any other
or further exercise thereof.
Section 14. Validity. In the event .that any section, paragraph, sentence, clause or
provision hereof is held by a court of competent jurisdiction to be invalid, such shall not
affect the remaining portions of this Agreement which shall otherwise remain in full
force and etlect; provided however that the invalidity of allY provision which destroys the
mutuality uf obligation provided for by the tenns of this Agroement sholl render the
entire Agre.ement null "".I void.
Secti@15, Entire Allreement. This Agreement constitutes the entire understanding
of the parties and any previous agreements, whether written or oral. are superseded by
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this Agreement. Any amendment to this Agreement must be in writing and executed witb
the same fonnality by both parties.
Section 16. Intel'uldation. 11,i. Agreomcnt shall not be construed moro stricUy
against one party t1>"" against the other merely by virtne nfthe f.~ct that it may have heen
prepared byeOlnlsel for one of the parties.
Section 17. Biodiul! Autlloritv. Each pllrty hereby represents and warrants to the
other that each party executing this Agreement on behalf of the CITY and eRA or any
representative in that capacity, as applicable, has full right and lawful authority to execule
this Agreement and to bind and obligate the party for whom or on whose behalfhe or she
is signing this Agreement.
S""tion Ill. Recordation. Thi. A::reemi:nt shall bi: recorded in the Public Records of
Palm Beach County, Florida.
IN WITNESS OF THE FOREGOING. the parties have set their hands and seals
the day and year tirst above wrinen.
BOYNTON BEACH COMMUNITY
REDEVELOPMENT AGENCY
CITY OF BOYNTON BEACH
By: "5:!.----.J~~.!-.
r/ J"lJImcHcavilin, Chair
By ~ff
. 'j' o. yor
ATTEST:
9
SUFFICIENCY:
By:
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