R10-023
II I
] RESOLUTION NO. RIO- O;z..g
2
3
4 A RESOLUTION OF THE CITY COMMISSION OF
5 BOYNTON BEACH, FLORIDA, APPROVING AND
6 AUTHORIZING THE MAYOR TO EXECUTE AN
7 INTERLOCAL AGREEMENT BETWEEN THE CITY OF
8 BOYNTON BEACH AND THE BOYNTON BEACH
9 COMMUNITY REDEVELOPMENT AGENCY
IO REGARDING THE BROWNFIELD ELIGIBLE
] ] BUSINESS FINANCIAL CONTRIBUTION ON BEHALF
]2 OF W AL-MART STORE NO. 5911; AND PROVIDING AN
]3 EFFECTIVE DATE.
]4
]5
]6 WHEREAS, the recently designated brownfield area provides for certain economic
]7 incentives to redevelop properties within the CRA area; and
]8 WHEREAS, the proposed Wal-Mart store at Gulfstream and South Federal Highway
]9 is expected to create 225 new jobs and is requesting a $500 match to the Office of Tourism,
20 Trade and Economic Development (OTTED) for each of the 150 full-time equivalent jobs;
2] and
22 WHEREAS, the financial match to the OTTED incentive will be paid by the CRA
23 over a period of five years pursuant to the attached Interlocal Agreement; and
24 WHEREAS, the City Commission of the City of Boynton Beach, upon
25 recommendation of staff, deems it to be in the best interests of the residents and citizens of the
26 City of Boynton Beach to approve the Interlocal Agreement between the City of Boynton
27 Beach and Boynton Beach Community Redevelopment Agency regarding the Brownfield
28 eligible business financial contribution on behalf ofWal-Mart Store No. 5911.
29 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
30 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
S:\C A\RESO\Agreement~eso - ILA with CRA (Walmart- Brownfield),doc
II I
] Section 1. Each Whereas clause set forth above is true and correct and
2 incorporated herein by this reference.
3 Section 2. The City Commission of the City of Boynton Beach, Florida does
4 hereby approve and authorize the Mayor to execute the Interlocal Agreement between the City
5 of Boynton Beach and the Boynton Beach Community Redevelopment Agency regarding the
6 Brownfield eligible business financial contribution on behalf of Wal-Mart Store No. 5911, a
7 copy of said Amendment is attached hereto as Exhibit "A".
8 Section 3. That this Resolution shall become effective immediately upon passage.
9 PASSED AND ADOPTED this q th day of February, 2010.
]0 CITY OF BOYNTON BEACH, FLORIDA
] ]
]2
]3
]4
]5
]6
]7
]8
]9
20
2]
22 --;?~~~
23
24 ",
25 Commissioner - Marlene Ross
26 ATTEST:
27 Yn.A .
28
29 t M. Prainito, MMC
30 ty Clerk
3]
32
33
II
K lO-DB..3
INTERLOCAL AGREEMENT BETWEEN CITY OF BOYNTON
BEACH AND BOYNTON BEACH COMMUNITY
REDEVELOPMENT AGENCY TO PROVIDE FOR THE PAYMENT
OF A MATCH TO THE BROWNFIELD REDEVELOPMENT BONUS
REFUND ON BEHALF OF W AL-MART STORES EAST, LP STORE
NO. 5911 PURSUANT TO SECTION 288. 107 (1)(e)2, FLORIDA
STATUTES, PROVIDING AN EFFECTIVE DATE.
THIS AGREEMENT, made and entered into on the ~ day of Feb rCJ..C).;r1
2010 by and between:
CITY OF BOYNTON BEACH, FLORIDA
a Florida municipal corporation
100 E. Boynton Beach Boulevard
Boynton Beach, Florida 33425
(hereinafter referred to as "CITY")
AND
BOYNTON BEACH COMMUNITY REDEVELOPMENT
AGENCY,
a Public Agency of the State of Florida
915 S. Federal Highway
Boynton Beach, Florida 33435
(hereinafter referred to as "CRA")
WIT N E SSE T H:
WHEREAS, CITY and CRA (the "Parties") desire to encourage Brownfield
redevelopment and job creation; and
WHEREAS, the City has approved a match of $500 per job under the Brownfield
Redevelopment Bonus Refund Eligible Business Program pursuant to Section 288. 1 07(1)(e)2,
Florida Statutes to Wal-Mart Stores East, LP, which is identified as Wal-Mart Store No. 5911,
and
WHEREAS, the Parties negotiated and desire to enter into an Interlocal Agreement
("Agreement") for the CRA to pay the Brownfield Redevelopment Bonus Refund Eligible
Business Program match to Wal-Mart Stores East, LP on behalf of the City, and
WHEREAS, CITY and CRA have determined that it is mutually beneficial and in the best
interests of its citizens and residents to enter into this Agreement; and
WHEREAS, Part I of Chapter 163, Florida Statutes, as amended (the "Interlocal
Cooperation Act"), permits the Governmental Units, as public agencies under the Interlocal
Cooperation Act, to enter into interlocal agreements with each other to authorize one governmental
party to exercise, on behalf of the other governmental unit, jointly held powers, privileges or
Page 1 of6
authorities which each such Governmental Unit shares in common and which each might exercise
separately, permitting the Governmental Units to make the most efficient use of their power by
enabling them to cooperate on a basis of mutual advantage and thereby provide services and
facilities in a manner and pursuant to forms of governmental organization that accords best with
geography, economy, population and other factors influencing the needs and development of such
Governmental Units; and
WHEREAS, this Interlocal Agreement will become effective upon filing with the Clerk of
the Court in the Fifteenth Judicial Circuit in accordance with the provisions of the Interlocal
Cooperation Act; and
WHEREAS, CITY hereby represents to CRA that it has the authority, pursuant to the
Interlocal Cooperation Act, to execute any and all documents necessary to effectuate and to
implement the terms of this Agreement; and
WHEREAS, CRA hereby represents to CITY that it has the authority, pursuant to the
Interlocal Cooperation Act, to execute any and all documents necessary to effectuate and to
implement the terms of this Agreement; and
NOW, THEREFORE, FOR AND IN CONSIDERATION of the mutual covenants and
agreements hereinafter set forth, the Parties hereto agree as follows:
Section 1. RECITALS
1.01 The above recitals are true and correct and are incorporated herein.
Section 2. TERM OF AGREEMENT
2.01 This Agreement shall be effective upon the approval of both parties and shall terminate
upon final payment to Wal-Mart Stores East, LP per the terms of Resolution No.
~IO-Oa3 .
Section 3. COMPENSATION
3.01 The Parties agree that the Brownfield Redevelopment Bonus Refund per Resolution No.
RIO - OaJ shall be paid by the CRA on behalf of the City. Payments shall be made to
Wal-Mart Stores East, LP per the terms and conditions of Resolution No. R )0- Oa.~,
Section 4. DUTIES AND RESPONSIBILITIES OF CRA
4.01 The Parties agree that the Brownfield Redevelopment Bonus Refund per Resolution No.
RID - t) :J..:3 shall be paid by the CRA on behalf of the City. Payments shall be made to
Wal-Mart Stores East, LP per the terms and conditions of Resolution No. ~ I 0 - 0 a.. ~
Section 5. INSURANCE
Page 2 of6
5.01 CITY and CRA shall maintain at their own cost and expense all insurance policies providing
coverage for liability protection in accordance with state law. Certificates of Insurance
reflecting evidence of the required insurance shall be filed with the CITY's Risk Manager
and with the CRA's Controller, respectively, prior to or at the time of execution of the
Agreement. These Certificates shall contain a provision that coverages afforded under these
policies will not be cancelled until at least forty-five (45) days prior written notice has been
given to the other party. Policies shall be issued by companies authorized to do business
pursuant to the laws of the State of Florida. Financial Ratings must be not less than "A-VI"
in the latest edition of "Best Key Rating Guide", published by A.M. Best Guide.
Section 6. RECORDS
6.01 CRA and CITY shall each maintain their own respective records and documents
associated with this Agreement in accordance with the requirements set forth in Chapter
119, Florida Statutes. All such records shall be adequate to justify all charges, expenses,
and costs incurred in accordance with generally accepted accounting principles. Each
party shall have access to the other party's books, records and documents as required in
this Agreement for the purpose of inspection or audit during normal business hours
during the term of this Agreement and for at least three (3) years after completion of the
Improvements.
Section 7. ASSIGNMENT
7.01 The respective obligations of the parties shall not be assigned, in whole or in part without
the written consent of the other party.
Section 8. DEFAULT
8.02 If either party fails to perform or observe any of the material terms and conditions of this
Agreement for a period of ten (10) calendar days after receipt of written notice of such
default from the other party, the party giving notice of default may be entitled, but is not
required, to seek specific performance of this Agreement on an expedited basis, as the
performance of the material terms and conditions contained herein relate to the health,
safety, and welfare of the residents subject to this Agreement. Failure of any party to
exercise its right in the event of any breach by the other party shall not constitute a
waiver of such rights. No party shall be deemed to have waived any failure to perform by
the other party unless such waiver is in writing and signed by the other party. Such
waiver shall be limited to the terms specifically contained therein. This section shall be
without prejudice to the rights of any party to seek a legal remedy for any breach of the
other party as may be available to it in law or equity.
Section 9. COMPLIANCE WITH LAWS
9.01 CITY and CRA shall comply with all statutes, laws, ordinances, rules, regulations and
lawful orders of the United States of America, State of Florida and of any other public
authority which may be applicable.
Page 3 of6
Section 10. VENUE
10.01 Any and all legal actions necessary to enforce the terms of this Agreement shall be
conducted in the Fifteenth Judicial Circuit in and for Palm Beach County, Florida, or, if
in federal court, in the United States District Court for the Southern District of Florida.
Section 11. GOVERNING LAW
11.01 The validity, construction and effect of this Agreement shall be governed by the laws of
the State of Florida.
Section 12. ENTIRE AGREEMENT
12.01 This Agreement contains the entire understanding of the parties relating to the subject
matter hereof superseding all prior communications between the parties whether oral or
written, and this Agreement may not be altered, amended, modified or otherwise changed
nor may any of the terms hereof be waived, except by a written instrument executed by
both parties. The failure of a party to seek redress for violation of or to insist on strict
performance of any of the covenants of this Agreement shall not be construed as a waiver
or relinquishment for the future of any covenant, term, condition or election but the same
shall continue and remain in full force and effect.
Section 13. SEVERABILITY
13.01 Should any part, term or provision of this Agreement be by the courts decided to be
illegal or in conflict with any law of the State, the validity of the remaining portions or
provisions shall not be affected thereby.
Section 14. NOTICES
14.01 Whenever either party desires to give notice to the other, such notice must be in writing
and sent by United States mail, return receipt requested, courier, evidenced by a delivery
receipt, or by overnight express delivery service, evidenced by a delivery receipt,
addressed to the party for whom it is intended at the place last specified; and the place for
giving of notice shall remain until it shall have been changed by written notice in
compliance with the provisions of this paragraph. For the present, the parties designate
the following as the respective places for giving of notice.
CITY: Kurt Bressner, City Manager
City of Boynton Beach
100 E. Boynton Beach Boulevard
Boynton Beach, FL 33425
Page 4 of6
CRA: Lisa A. Bright, Executive Director
Boynton Beach CRA
915 S. Federal Highway
Boynton Beach, Florida 33435
Copies To: James A. Cherof
Goren, Cherof, Doody & Ezrol, P.A.
3099 East Commercial Boulevard, Suite 200
Fort Lauderdale, Florida 33308
Section 15. INTERPRETATION
15.01 This Agreement shall not be construed more strictly against one party than against the
other merely by virtue of the fact that it may have been prepared by counsel for one of the
parties.
THE REMAINDER OF THIS PAGE HAS BEEN INTENTIONALLY LEFT BLANK
Page 5 of6
IN WITNESS WHEREOF, the CITY OF BOYNTON BEACH and the BOYNTON
BEACH COMMUNITY REDEVELOPMENT AGENCY have caused these presents to be
executed in their respective names by the proper officials the day and year first above written.
CITY OF BOYNTON BEACH a municipal
corporation organized and existing under the laws
of the State of Florida
By:
- - -
Woodrow Bay,
ATTEST:
BOYNTON BEACH COMMUNITY
REDEVELOPMENT AGENCY, a public agency
organized and existing under the laws of the State
of Florida
By:aJ~~/
Woodrow Bay,Vice Mayor
H:\2007\070473 BBCRA\ILA-City (Design ofSeacrest),doc
Page 6 of6