R96-037RESOLUTION NO. ~57~ -~7'
A RESOLUTION OF THE CITY COMMISSION OF ~
CITY OF BOYNTON BEACH, FLORIDA, REGARDING
THE PROPOSAL OF T&J EQUITIES, INC. FOR THE
DEVELOP/~ENT OF A REDEVELOPMENT PROJECT
KNOWN AS THE DOWNTOWN MARINA PROJECT
LOCATED WITHIN THE COMMUNITY
REDEVELOPMENT AREA IN THE CITY SUBMITTED IN
RF~PONSE TO A REQUEST FOR DEVELOPMENT
PROPOSALS PUBLISHED ON DECEMBER 19, 1995;
ACCEPTING SUCH PROPOSAL SUIMECT TO THE
APPROVAL OF AN AGREEMENT WITH T&J EQUITIES,
INC. AND CERTAIN OTHER CONDITIONS; MAKING
FINDINGS; AUTHORIZING NEGOTIATION AND
PREPARATION OF AN AGREEMENT; AUTHORIZING
ASSIGNMENT TO THE COMMUNITY REDEVELOPMENT
AGENCY; PROVIDING FOR SEVERABILITY; PROVIDING
FOR CONFLICTS AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, the City of Boynton Beach has found the existence of one or more blighted
areas within the City and has designated a community redevelopment area within the corporate
limits of the City for purposes of Part III, Chapter 163, Florida Statutes (the "Redevelopment
Act"); and
WHEREAS, pursuant to the Redevelopment Act, the City has created a community
redevelopment agency and adopted a community redevelopment plan for the area and created
a community redevelopment trust fund and provided for the funding thereof; and
WHEREAS, the City published a Request for Development Proposals on December 19,
1995, for redevelopment of a seven (7) acre parcel within the community redevelopment area,
as more particularly described in the Request for Proposals documents; and
WHEREAS, the City received a proposal from T & J Equities, Inc., on January 19,
1996, in response to the Request for Proposals; and
WHEREAS, the City has reviewed and considered the proposal from T & J Equities,
Inc., and is prepared to proceed further with the downtown marina project;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. The City Commission does hereby make the following findings:
(a) The recitals set forth above are adopted and included in this resolution to the same
extent as if included herein.
Co) The proposal of T & J Equities, Inc. was in response to the Request for Proposals
was timely received by the City in accordance with the Request for Proposals and is substantially
responsive to the Request for Proposals.
(c) To proceed with the downtown marina project it is necessary and appropriate for
the City to proceed with negotiation of an agreement with T & J Equities, Inc.
(d) It may be appropriate for the Community Redevelopment Agency of the City of
Boynton Beach to be a party to the development agreement together with or in lieu of the City
and, therefore, it is necessary for the City to provide for an assignment of the City's rights,
interests, and obligations concerning the downtown marina project to the Community
Redevelopment Agency.
Section 2. The City Commission does hereby accept the proposal of T & J
Equities, Inc., dated as of January 19, 1996, for the development of the downtown marina
project and does hereby designate T & J Equities, Inc~ as the developer of the downtown marina
project. However, such acceptance is expressly subject to and conditioned upon the City or the
Community Redevelopment Agency, or both, entering into an agreement with T & J Equities,
Inc., for the development of the downtown marina project in accordance with the terms of such
agreement as may be negotiated by the parties in accordance with the community redevelopment
plan for the community redevelopment area in which the project will be located. The failure
of the City or the Community Redevelopment Agency, or both, and T & J Equities, Inc. to enter
into an agreement for the development of the downtown marina project for whatever reason,
including a declaration by either party of an impasse in the negotiation of such an agreement,
shall result in the revocation of the designation of T & J Equities, Inc., as the developer of that
project and a rejection of the proposal as submitted by T & J Equities, Inc., on January 19,
1996, without necessity of any additional actions being taken by the City or the Community
Redevelopment Agency, or both.
Section 3. The receipt and acceptance of the proposal by T & J Equities, Inc., and
the designation of T & J Equities, Inc., as the developer of the downtown marina project in
Section 2 does not and shall not be deemed to confer, bestow or otherwise grant any fights to
T & J Equities, Inc. other than the right to negotiate the contemplated development agreement,
and the City Commission does hereby expressly and affirmatively state that no vested rights or
development rights are conferred, bestowed, or granted to T & J Equities, Inc., by virtue of the
acceptance of the proposal, nor shall the City's acceptance of the proposal be deemed or
construed to confer or imply any acceptance of any specific incentives or financial arrangements
requested in that proposal and/or subsequent transmittals, which shall be subject to negotiation;
nor shall acceptance of the proposal be deemed or construed to confer or imply any acceptance
of proposed preliminaxy design concept, massing, or height, as these will be subject to design
review and negotiation and the conditional use permit process.
Section 4. The City Commission does hereby authorize and direct the City
administration and such consultants and professionals as may be retained by the City to proceed
to negotiate the terms of an agreement with T & J Equities, Inc., and when and if such an
agreement is completed to present such agreement to the City Commission or to the governing
body of the Community Redevelopment Agency, or both, as the case may be, for consideration
and possible approval. Nothing in this resolution shall be construed or shall be deemed to
require or mandate either the City Commission or the Community Redevelopment Agency
approve and enter into such an agreement.
Section 5. The City Commission does hereby consent to the assignment of any rights,
duties or obligations of the City pertaining to the development agreement contemplated by this
resolution to the Community Redevelopment Agency if it is determined during the course of the
negotiation of such agreement that it is more appropriate for the Community Redevelopment
Agency to be the party to that agreement in lieu of the City.
Section 6.
adoption.
This Resolution shall become effective immediately upon its passage and
Section 7. If any clause, section or other part of this Resolution shall be held by any
court of competent jurisdiction to be unconstitutional or invalid, such unconstitutional or invalid
part shall be considered as eliminated and shall in no way affect the validity of the remaining
portions of the Resolution.
Section 8. All Resolutions or parts of Resolutions in conflict herewith are hereby
repealed to the extent of such conflict.
3
PASSED AND ADOPTED BY THE CITY COMMISSION OF THE CITY OF
BOYNTON BEACH, FLORIDA, THIS /~' DAY OF . /"/~,e'~e' , 1996.
CITY OF BOYNTON BEACH, FLORIDA
ayor ~ ar
C/~oner
Cr~mmissioner
ATTEST:
(CORPORATE SEAL)
4