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R08-058 II I 1 2 RESOLUTION NO. R08- 058 3 4 5 A RESOLUTION OF THE CITY COMM SION OF 6 BOYNTON BEACH, FLORIDA, APPR ING THE 7 AGREEMENT BETWEEN THE CITY F BOYNTON 8 BEACH AND THE BOYNTON BEAC COMMUNITY 9 REDEVELOPMENT AGENCY FOR ONVEYANCE OF 10 THE OLD HIGH SCHOOL BAC TO THE CITY OF 11 BOYNTON BEACH; AND PROV ING AN EFFECTIVE 12 DATE. ~ 13 14 / 15 S, on October 5, 20ZCitY Connnission of the City of Boynton Beach 16 approved and authori d an Agreement r the City to transfer ownership of the Old High School 17 18 the previous agreement desire to return ownership of the Old 19 20 City of Boynton Beach, upon recommendation 21 of staff, deems i to be in the best interests of the re . ents and citizens of the City of Boynton 22 Beach to prove the Agreement between the City of oynton Beach and Boynton Beach ~ Comm ity Redevelopment Agency returning ownership of the ld High School building from \:' Q 23 ~:p. 24 07 ~ 'l. ~ /0 25 NOW, THEREFORE, BE IT RESOLVED BY THE CITY CO /,\D If) CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. Each Whereas clause set forth above is true and correct and incorporated 28 herein by this reference. 29 Section 2. The City Commission of the City of Boynton Beach, Florida does hereby 30 approve the Agreement between the City of Boynton Beach and the Boynton Beach Community S:\CA\RESO\AgreementSllnterlocalsILA with CRA (Old High School return to City).doc " 1 Redevelopment Agency returning ownership of the Old High School building to the City of 2 Boynton Beach, a copy of said Agreement is attached hereto as Exhibit "A". 3 Section 3. That this Resolution shall become effective immediately up- 4 PAS ED AND ADOPTED this _ day of 5 6 CITY OF BOYNTON EACH, FLORIDA 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 ATTEST: 23 24 25 26 Janet M. P. ainito, CMC 27 City CI 28 y.~tP 29 30 ;( ~ 3 ~\) \ ",0 2 & /' /\[) \)\ 'rJ S:\CA\RESO\AgreementSllnterlocaISILA with CRA (Old High School return to City).doc ~D <:;." - () ~ S AGREEMENT BETWEEN CITY OF BOYNTON BEACH ("CITY") AND THE BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY ("CRA") RESCINDING THE PREVIOUS AGREEMENT_REGARDING THE OLD HIGH SCHOOL This Agreement (hereinafter "Agreement") is made the 2008, between the CITY OF BOYNTON BEACH, a located in Palm Beach County, Florida (hereinafter "CITY") and BOYN COMMUNITY REDEVELOPMENT AGENCY, a public agency created 163, Part III, of the Florida Statutes (hereafter "CRA"), each one cons' uting a public agency as defined in Part I of Chapter 163, Florida Statutes. / RECITALS WHEREAS, on October 5, 2005, the Y and CRA entered into an Agreement transferring ownership of the Old High Sc 001 ("School") to the CRA for restoration of the School; and agree that the purpose and intent of the prior agreement is no longer feasible. The part" s agree to rescind the prior agreement and release each other from the obligations stated t , the CRA shall transfer sole ownership and control of the School back to the City and w be relieved of any responsibility for the maintenance, adaptive re-use, insurance, leasing and redevelopment of the School. NOW, THEREFORE, it is agreed and understood by and between the parties hereto as ~ follows: S:\CA\CRA\Old high school agmt revert to City.doc 1 SECTION ONE - AFFIRMATIONS 1.1 The foregoing "whereas" clauses are true and correct and reference. SECTION TWO - TRANSFER OF OWNERSHIP 2.1 The CRA shall execute a special warranty deed, attached ereto as Exhibit A, in favor of the City within 30 days of the execution of this Agre 2.2 The special warranty deed will transfer in fee s' pie all rights, title and ownership in the School back to the City. SECTION THREE - CONSIDERATION 3.1 The CRA will transfer ownership the School back to the City for the amount of $10.00 and other valuable considerati SECTION FOUR - APPLICAB 4.1 construed in accordance with the laws of the State of Florida. 5.1 ies hereto are authorized to enforce the terms of this Agreement in a court of la in Palm Beach County, Florida, and may seek all remedies available at law and in quity. The prevailing party in such litigation shall be entitled to reasonable costs an attorneys' fees, including fees incurred through any appeals. In the event anyone or more of the provisions contained in this Agreement is for any reason held invalid, illegal or unenforceable in any respect, such invalidity or illegality or unenforceability will not affect any other provision hereof and this Agreement will be S:\CA\CRA\Old high school agmt revert to City.doc 2 construed as if the invalid, illegal or unenforceable provision had never been contained herein. SECTION SEVEN - ENTIRE AGREEMENT 7.1 This Agreement constitutes the entire understanding of the parties a agreements, whether written or oral, are superseded by this Agree nt. Any amendment of this Agreement must be reduced to writing and executed both parties. SECTION EIGHT - RECORDATION 8.1 This Agreement may be recorded in the Publi ecords of Palm Beach County, Florida. SECTION NINE - BINDING AUTHORITY 9.1 arrants to the other that each party executing this Agreement on behalf of the C Y and CRA or any representative in that capacity, as applicable, has full right a lawful authority to execute this Agreement and to bind and obligate the party for w om or on whose behalf he or she is signing this Agreement. 10.1 This Agreeme shall become effective on the date last signed by the parties. CITY OF BOYNTON BEACH By: By: Jerry Taylor, Mayor ATTEST: By: City Clerk S:\CA\CRA\Old high school agmt revert to City.doc 3 hY/ " This Instrument Prepared By and Return to: /" James A. Cherof, Esquire /,l:Y GOREN, CHEROF, DOODY & EZROL, P.A. ff .Y 3099 East Commercial Boulevard, Suite 200 / Fort Lauderdale, Florida 33308 Property Appraisers ID #:08-43-45-28-05-014-0020 SPECIAL WARRANTY DEED (Cor: oration) This Special Warranty Deed is executed this day f May, 2008, by Boynton Beach Community Redevelopment Agency (CRA), a Florida p. lie body corporate and politic created pursuant to Section 163.356 F.S, whose post office odress is 915 South Federal Highway, Boynton Beach, Florida 33435, hereinafter called e Grantor, to City of Boynton Beach, a Florida municipal corporation, and having its pro cipal place of business at 100 East Boynton Beach, Boynton Beach, Florida 33435 , hereina er called the Grantee: (Wherever used herein the terms "Grantor" d "Grantee" shall include singular and plural, legal representatives, and assigns of individ s, and the successors and assigns of corporations, wherever the context so admits or requi s.) Witnesseth, That the Grantor, for a a in consideration of the sum of $10.00, in hand paid by the said second party, the receipt w reof is hereby acknowledged, hereby grants, bargains, sells, aliens, remises, releases, conve s and confirms unto the grantee, all that certain land situate in County of PALM BEACH, S te of Florida, to-wit: SEE TT ACHED EXHIBIT" A" A TT ACHED HERETO THIS SPECIAL ARRANTY DEED HAS BEEN PREPARED WITHOUT THE BENEFIT OF TITLE EXAMINATION Subject to e sements, restrictions, reservations, and limitations of record, if any. Toget r with all the tenements, hereditaments and appurtenances thereto belonging or in any se appertaining. Have and to Hold the same in fee simple forever. And the said Grantor will only warrant and forever defend the right and title to the above described property unto the said Grantee against the claims of those persons claiming by, through or under Grantor, but not otherwise. In Witness Whereof, the said grantor has signed and sealed these presents the day and year first above written. BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY A Florida Public Body Corporate and Politic By: Its: Chair Signed, sealed and delivered in presence of: (Signature of first witness) (Printed name of first witness) / (Signature of second witness) / (Printed name of second witness) / / STATE OF FLORIDA / I COUNTY OF PALM BEACH The foregoing instrument as acknowledged before me this May , 2008 by - , who has acknowledged himself to be the Chair of the Boynton Beach Redevelopment Agency, a Florida Public Body Corporate and Politic, who is known to me or has produced as identification Signature of Notary Printed Name of Notary My Commission Expires: My Commission Number: EXHIBIT "A" I LEGAL DESCRIPTION A parcel ofland, being a portion of Lots 4 and 5, Block 14, SWA YER'S ADDI NTO THE TOWN OF BOYNTON BEACH, according to the plat thereof as reco ed in Plat Book 1, at Page 69, of the Public Records of Palm Beach County, Flori , being more particularly described as follows: / / //' Commence at the southeast corner of Lot I, Block 14, SA WYER'g/ADDITION TO THE TOWN OF BOYNTON BEACH, according to the plat there~f/as recorded in Plat Book I, at Page 69, of the Public Records of Palm Beach Coun)Y; Florida; thence N 890 53' 21" W, along the South line of said Block 14, for a distarJ.e"e of 316.82 feet to the POINT OF BEGINNING; said South line of Block 14 beingJ:ncident with the North right-of- way line of Ocean A venue as shown on said plat; ence continue N 890 53' 21" W, along said North right-of-way line of Ocean Ave ue for a distance of 168.12 feet to a point; thence N 01044' 07" W, parallel to the E t line of said Block 14, for a distance of 229.64 feet to a point; thence N 890 52' 50" , for a distance of 168.10 feet to a point; thence SOlo 44' 07" E, parallel to the East . ne of said Block 14, for a distance of 230.31 feet to the POINT OF BEGINNING. Said lands situate within the City of ynton Beach, Palm Beach County, Florida. Containing 0.89 acres of land mo or less. SUBJECT to an ingress, egr s, parking and building structure easement over the North 20 feet thereof; and over t South 209.64 feet of the West 15 feet thereof; and over the South 65 feet of the East feet thereof, and over the South 30 feet of the West 20 feet of the East 30 feet thereof Further SUBJECT the use of the existing concrete slab for air-conditioning equipment and associated el trical control panel located along the east side of the existing building structure whic services the adjacent elementary school museum building located to the east of this s ~ect property. I /