R96-131RESOLUTION NO. R96-/,~f
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND
DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE
THE GRANT AWARD AGREEMENT BETWEEN THE CITY
OF BOYNTON BEACH, FLORIDA AND THE DEPARTMENT
OF STATE; AUTHORIZING THE CITY MANAGER OR HER
DESIGNEE TO SUBMIT ANY REQUIRED DOCUMENTATION
IN ACCORDANCE WITH THE GRANT APPLICATION; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Boynton Beach, Florida made application to the Florida
Department of State, Division of Historical Resources for phase one of the program to
restore and rehabilitate the Historic Boynton Beach Elementary School; and
WHEREAS, the State has approved the City's request for $215,400 and
WHEREAS, there are certain restrictions to receiving these grant funds such
as (a) interest earnings on the grant funds must be returned to the Department of State
quarterly; (b) quarterly reports are required; and (c) restrictive covenants are placed on the
property which require the City to maintain the property in accordance with the Secretary
of Interior's Standards for Historic Rehabilitation for ten years, and any major changes or
modification in those ten years must be preapproved by the Department and if the City
does not comply, the grant funds must be reimbursed to the State; and
WHEREAS, these terms and conditions are more fully described in the attached
Grant Award Agreement, hereto attached as Exhibit "A";
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. The City Commission of the City of Boynton Beach, Florida hereby
authorizes and directs the Mayor and City Clerk to execute the Grant Award Agreement
betwe.e,n ?e City of Boynton Beach, Florida and the Department of State attached as
Exhibit A and further authorizes the City Manager or her designee to submit any required
documentation in accordance with the Grant Agreement.
ATTEST:
Section 2. This Resolution shall become effective immediately upon passage.
PASSED AND ADOPTED this ~ day of September, 1996.
~Cit~'Clerk
(.Corporate Seal)
CITY OF BOYNTON BEACH, FLORIDA
Commission~------..~
,~issioner -
Boynton Beach
100 E. Boynton Beach Boulevard
P.O. Box310
Boynton Beach, Florida 33425-0310
o~.r-~v-~,o 9:4~am 96--J29779
RESTRICTIVE COVENANTS
THESE COVENANTS are entered into this /~ day of ~':. ,19ff___~ by
d'2/~' dg~XS~vnr~M Z.~, hereinafter referred to as the Owner, and City of Boynton
Beach hereinafter referred to as the Grant Recipient, and shall be effective for a period of ten
years from the date of recordation by the Clerk of the Circuit Court of Palm Beach County,
Florida.
WHEREAS, the Owner is the fee simple titleholder of the Property located at
~,,~r--~ ~~ , Florida, as described in Exhibit A, attached
to and made a part hereof and
WHEREAS, the Grant Recipient is to receive State Historic Preservation Grant assistance
funds administered by the State of Florida, Department of State, Division of Historical
Resources, R.A. Gray Building, 500 South Bronough Street, Tallahassee, Florida 32399-0250,
hereinafter referred to as the Department, in the amount of $215,400.00, t.o be used for the
restoration and preservation of the property of the Owner as described in Exhibit A, and
WHEREAS, said State funds have been or will be expended for the purpose of preserving
the historic qualities of the property or contributing to the historic character of the district in
which the property is located,
Now THEREFORE, as part of the consideration for the State grant, the Owner and the
Grant Recipient hereby make and declare the following restrictive covenants which shall run
with the title to said Property and be binding on the Owner and its successors in interest, if any,
for a period stated in the preamble above:
1. The Owner and the Grant Recipient agree to maintain the property in accordance with
good preservation practices and the Secretary of the Interior's Standards for Rehabilitation.
2. The Owner and the Grant Recipient agree that no modifications will be made to the
Property, other than routine repairs and maintenance, without advance review and approval of the
plans and specifications by the Department's Bureau of Historic Preservation.
3. The Owner and the Grant Recipient agree that every effort will be made to design any
modifications to the Property in a manner consistent with the .Secretary_ of the Interior's Standards
for Rehabilitation.
ORB 9448 P~ !794
4. The Owner and the Grant Recipient agree that the Department, its agents and its
designees shall have the right to inspect the Property at all reasonable times in order to ascertain
whether the conditions of the Grant Award Agreement and these covenants are being observed.
5. The Owner and the Grant Recipient agree that these restrictions shall encumber the
property for a period of ten years from the date of recordation, and that if the restrictions are
violated within the ten year period, the Department shall be entitled to liquidated damages
pursuant to the following schedule:
a. If the violation occurs within the first five years of the effective date of these
covenants, the Department shall be entitled to return of the entire grant amount.
' b. If.the violation occurs after the first five years, the Department shall be entitled to
return of the entire grant amount, less 10% for each year past the first five. For instance, if the
violation occurs after the sixth anniversary of the effective date of these covenants, but prior to
the seventh anniversary, the Department shall be entitled to return of 80% of the origin~grant
amount.
c. In the event of a violation of these restrictive covenants, the Department shall also
be entitled to recover its costs and attorney fees incurred in obtaining recOVery of ~Iae .grant
amount.
6. The Owner agrees to f'de these covenants with the Clerk of the Circuit Court of Palm
Beach County, Florida, and shall pay any and all expenses associated with their filing and
recording.
7. The Owner and Grant Recipient agree that the Department shall incur no tax liability as a
result of these restrictive covenants.
9448
IN WITNESS WHEREOF, the Owner and Grant Recipient have read these Restrictive
Covenants and have hereto affixed their signatures.
WITNESSES:
'Witnes/s Signamr6
Witness'Name Typed/Printed
'OWNER - 7' -
GERALD TAYLOR~ I~<'~OR
GIT¥ OF BOYNTON~EAGI'I
P. O. BOX 310 BOYNTON BEACtt, FI, 33/i-25
Owner's Address
BOYNTON BEACH FL
City State Zip
Witness Name Typed/Printed
The State of Florida '
County of ,~'~ _,~-,~
I certify that on this date before me, an officer duly authorized in the state and county named
above to take acknowledgments, that ~'~'~e/-~ '"'/~-~ personally
(Name)
appeared as /~ ~',~,~ for
(Officer) (Name of Corporation/Partnership)
known to me tobe or who provedto mysatisfaction flint he/she:~is: the person described in and
who executed the foregoing instrument.
Type of Identification Produced ~.~N,q~:~'
Executed and sealed by me at x~ s~t~ Florida on ~//~, 19~'~
Notal~ Public in and for
The State of
My commission expires:
,'~ ..... ~ 8UZ~NE H. K1;IUSE
f47.." % rs
.:-.:: :.: MY. COMMISSION # CC250390 EXPIRES
WitneSs Signatfire
/'r~ t~ tea/ /q ~V~vz?- _q~/text//'
Wimes~ Name Typed/Printed
ORB 9448
P. O. BOX 310, BOYNTON BEACH, FL 33425
Grant Recipient's Address
f~ ~. ~,y.~ BOYNTON BEACH FL 33425
Witness g[gnature ~ City State Zip
Witness Name Typed/Printed
The State of Florida
County of ~-~,~2 ~.
I certify that on this date before me, an officer duly authorized in the state and county named
above to take acknowledgments, that ~;g~"-~'~ ' /."~"----~-~','q personally
(Name)
appeared as /~t~,~, for
(Officer) (Name of Corporation/Partnership)
known to me to be or who proved to my satisfaction that he/she is the person described in and
who executed the foregoing instrument.
Type of Identification Produced 7~m'.~-~w
EXecuted and sealed by me at ~m'a~ ~s~tfFlorida on ~--, 19~
Notagy pUblic in and for -
The State of
My commission expires:
.... '~:,~"~,~,,
This instrument was pretmred under the supervision of Frank R. Stockton, _Attome3,Florida Department
of State, Division 9.f His~torical Resources,-R.A. Gray Building, 500 South Bronough Street, Tallahassee,
Florida 32399-0250.
4
448 ~ ~ 7~7
DOROTHY H. WILKB~, CL~K PB COb"NTf,
EXHIBIT "A"
LEGAL DESCRIPT~t
A parcel of land lying in Section 28, Township 45 South, Range 43 East, being more particularly
described as follows:
Lots 2, 3, 4, and 5, the North 68.50 feet of lot 6, and the East 45.00 feet of the South 204.80 feet
of lot 6, block 14, according to the Plat of Sawyer's addition to Boynton Beach, Plat Book I,
page 69, Public Records of Palm Beach County, Florida.
Containing 2.91 acres more or less.
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