R13-0141
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RESOLUTION NO. R13 -014
A RESOLUTION OF THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA,
APPROVING A DEVELOPMENT AGREEMENT
BETWEEN THE CITY OF BOYNTON BEACH AND
BOYNTON OLD SCHOOL PARTNERSHIP, LLC.,
THAT OUTLINES TERMS AND CONDITIONS
ABOVE THOSE CONTAINED IN THE PURCHASE
AGREEMENT; AUTHORIZING THE MAYOR AND
CITY CLERK TO EXECUTE THE DEVELOPMENT
AGREEMENT; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the Development Agreement between the City and Boynton Old
School Partnership, LLC., is the companion document to the Purchase Agreement the City
Commission approved in January, 2013; and
WHEREAS, the Development Agreement contains the details regarding the
rehabilitation of the Old High School into a commercial and public space; and
WHEREAS, upon recommendation of staff, the City Commission of the City of
Boynton Beach Florida deems it to be in the best interest of the citizens of the City of
Boynton Beach to approve and authorize execution of the Development Agreement
between the City of Boynton Beach and Boynton Old School Partnership, LLC for the Old
High School Project.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed
as being true and correct and are hereby made a specific part of this Resolution upon
adoption.
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Section 2. The City Commission of the City of Boynton Beach, Florida, hereby
approves and authorizes the Mayor and City Clerk to execute the Development Agreement
between the City of Boynton Beach and Boynton Old School Partnership, LLC., which
outlines terms and conditions regarding the rehabilitation of the Old High School into a
commercial and public space, a copy of the Development Agreement is attached hereto as
6 Exhibit "A ".
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Section 3. That this Resolution shall become effective immediately.
PASSED AND ADOPTED this 5 day of February, 2013
CITY OF BOYNTON BEACH, FLORIDA
Mayor- = o od w
�- ce Mayor — Mack cCray
s er J#y Taylor'
C
Commissioner — Steffen Hol man
Com sioner — ne legal
ATTEST:
i vy t M. Praia to, MMC
Clerk
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THIS DEVELOPMENT AGREEMENT is made this _day of February, 2013
by and between CITY OF BOYNTON BEACH, FLORIDA ( "City "), and the
BOYNTON OLD SCHOOL PARTNERSHIP, LLC. ( "Developer ").
I"
A. Developer was designated by City to develop and finance the Adaptive
Reuse/Renovation of the 1927 High School Building located on Ocean Avenue in
Boynton Beach, Florida (the "Project "),
B. City desires to enter into this Agreement with Developer to design, develop,
construct, finance and complete the Project, all as set forth in this Development
Agreement.
NOW, THEREFORE, for good and valuable consideration the receipt and sufficiency of
which are acknowledged, City and Developer agree as follows
11301yl Ift[IN
"Building" shall mean that certain Boynton Beach High School building consisting of
approximately 28,000 +/- gross square feet located in Boynton Beach, Palm Beach
County, Florida, on the real property more particularly described in Exhibit A l .
"Business Day" shall mean any Day, except Saturday, Sunday or any national holiday in
the United States recognized by the closing of government offices in Palm Beach County,
Florida.
"Construction Financing" means all lender construction loans, private equity loans,
private equity investments, grants, tax incentives and any other means of financing the
Developer intends to rely upon for the construction of the Project.
"Contemplated Improvements" means the design as set forth in the plans, specifications,
submittals and construction documents pertaining to the Project.
"Real Estate Purchase Sale Agreement" shall be that certain Real Estate Agreement made
by and between City of Boynton Beach and Boynton Old School Partnership, LLC. dated
January 10, 2013.
"Operative Agreements" shall mean the Developer Agreement and Real Estate Purchase
1 The building and property which is the subject of this Developer's Agreement is identical to the building
and properly identified in the January 10, 2013 Real Estate Purchase Agreement between the parties.
ARTICLE I
C6 1 JAMMJAiN4N X 4MRWM
1.1. Conditions Precedent. Fhis Development Agreement and all of the Parties'
respective obligations under this Development Agreement are subject to and expressly
conditioned upon:
1.1.1. Execution of the Purchase and Sale Agreement January 10, 2013.
1.1.2 In the event either the Developer or the City (City Commission) fails to
approve and sign this Agreement, both this Agreement and the Real Estate
Purchase Agreement between the parties shall be deemed null and void and
neither party shall have recourse against the other for such failure.
1.2 Financing Condition. This Development Agreement is expressly conditioned
upon Developer securing Construction Financing on or before July 10, 2013 (Financing
Contingency Period). If Developer cannot secure the Construction Financing within the
Financing Contingency Period, City shall have the right to terminate this Agreement by
delivering written notice to Developer within five (5) business days after the expiration of
the Financing Contingency Period. If this Agreement is terminated under this provision,
then Developer shall, within thirty (30) days of termination, transfer the Building to the
City under Article V of this Agreement.
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2.1 Construction of the Proiect. Subject to the terms and conditions of this
Agreement, the Developer shall cause the design, development, construction and
completion the Contemplated Improvements to be performed under the Construction
Documents (collectively the "Work" and/or the "Developer's Work ").
2.2 Proiect Design and Construction Services. Developer supervises all design and
engineering aspects of the Project for the proper development and construction of the
Project. Developer shall enter into a design contract with Contin Architecture and
Design as Architect of Record for the Project. Further, as set forth in Section 2.6 herein,
Developer shall enter into a Construction Contract with the Contractor of the Project.
2.3 Furnishings and Fixtures. Developer will obtain and install all furnishings and
fixtures required for occupancy and operation of the facility.
2.4 Scot_�e of Undertaking. Developer shall cause all Work to be (i) performed in a
good and workmanlike manner, in material accordance with the Construction
Documents; (ii) delivered to the Project in "turn key" condition free and clear of all
construction and similar liens and (iii) materially in accordance with all applicable
statutes, regulations, ordinances, codes, orders and approvals, including without
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limitation, the Americans with Disabilities Act of 1990 and the Florida Accessibility
Code (collectively the "Laws ").
2.5 Construction Documents. Developer shall cause the facility to be designed and
constructed in accordance with the criteria identified in Construction Documents.
Developer shall supervise the performance of architectural, engineering, and all other
consultant services regarding the design, development and construction aspects of the
Project.
2.6 Construction.
(a) Construction Contractor. Developer, has selected Hatcher
Construction & Development, Inc. as the Contractor (the "Contractor "). The Developer
will enter into a contract with Contractor (the "Construction Contract "). Developer has
the right to negotiate and enter into a contract with another contractor should Hatcher
Construction & Development Inc. for any reason fail to perform its duties under the
construction contract.
(b) Project Costs. All costs for acquiring, designing, developing,
constructing, and completing the Project in accordance with the Construction Contract
shall be paid for by the Developer.
(c) Construction Schedule. A proposed Construction Schedule is
attached as Exhibit B. City and its employees, consultants and representatives shall have
at all reasonable times the opportunity to observe and to inspect the ongoing construction
of the Project.
2.7 Compliance with Law. Developer shall take such action to cause the Project to
comply with the applicable building code in effect at the time of issuance of the building
permits and all other applicable laws and as they are interpreted and enforced by the
governmental bodies having jurisdiction, or any recorded restrictive covenant or deed
restriction affecting the Project. Developer shall promptly furnish to City, upon receipt by
Developer, copies of any and all legal notices received by Developer relating to the
Project. Developer shall promptly notify City of any suit proceeding or other action
threatened, commenced or taken against the Project, or any part thereof, or against
Developer, regarding the Project or any part thereof.
2.8 Proiect Administration. Developer shall administer and coordinate all
construction and development activities and any architects, engineers and consultants
engaged by Developer, Contractor or their privies regarding the Project, and will enforce
all obligations of the architects, engineers, consultants and other contractors and
subcontractors under their respective contracts. Without limiting the generality of the
foregoing, Developer shall:
(a) monitor all Work as it progresses, coordinate and monitor
inspections of the Project by testing agents and consultants, and review their inspection
reports;
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(b) apprise City upon reasonable request from the City of the progress
and performance of any contractors and subcontractors and provide management as
required to assure completion of the Work to be performed by them;
(c) coordinate the performance of all contractors and subcontractors
and perform such other acts as are customarily performed by a developer to expedite the
performance by the contractors under their respective contracts;
(d) coordinate subcontractor selections so as to maintain harmonious
labor relations;
(e) provide recommendations regarding construction methods,
availability of materials and labor and cost alternative designs or materials;
(f) schedule and conduct progress meetings (at least twice monthly) to
discuss procedures, progress, problems, and scheduling;
(g) review and monitor safety programs for the Project;
(h) conduct special inspections and testing to guard against defects and
deficiencies in workmanship;
(i) review, advise, and approve with respect to monthly construction
applications for payment prepared by contractors and subcontractors and architects, and
determine and approve the proper amounts payable and prepare such documentation as is
reasonably required to monitor the construction draws;
0) negotiate final payments and/or final settlements with all
contractors, subcontractors, and other parties providing work or services for the Project;
and,
(k) promptly advise City of any delays or anticipated delays in
meeting the Construction Schedule and of the actual dates on which the various stages of
construction indicated on the Construction Schedule were started and completed.
2.9 Other Services. Developer shall perform such other services to conclude the
activities described herein and perform such other functions related to the development
and construction of the Project, as within the terms and conditions of the Construction
Documents.
2.10 City's Cooperation. City covenants and agrees it shall act diligently and in good
faith and shall cooperate fully with Developer in all matters relating to the Project.
2.11 Pro - iect Fees. The City has appropriated and will set aside in a project account
$60,000 as incentives for Developer to drawn down and have applied for pay City fees
and assessments related to the renovation of the building and property which a developer
would otherwise be required to pay, such as (but not limited to):. Permitting, public art
fees and application for site plan approval of contemplated improvements. The Developer
can draw down from the project account for use towards fees and assessments and the
City will apply funds remaining in the project account to pay the fee or assessment. Once
the $60,000.00 project account has been applied to fees and assessments, the Developer
will be responsible for all remaining fees and assessments.
2.12 Nothing herein shall preclude Developer from seeking additional incentives from
the City or the City's Community Redevelopment Agency in City fiscal year 2013-14
and the City or the City's Community Redevelopment Agency agrees to put the
Developer's request on the appropriate commission agenda for vote.
ARTICLE III
SITE PLAN AND OTHER RELATEDAPP
3.1 Site Plan and Other Related ADDrovals. Developer agrees that by March 4, 2013,
Developer shall submit to the City of Boynton Beach an application for plat amendment
and site plan approval and any other application for the Contemplated Improvements
("Approval Submittal Period"). City shall furnish such information necessary to obtain
any and all approvals as Developer reasonably requests.
City will initiate the process of land use amendment and rezoning by March 4, 2013.
The City must approve the land use amendment and rezoning on or before the closing
date as set for in the January 10, 2013 sale and purchase agreement.
3.2 Other Contracts and Agreement. Developer shall prepare and negotiate such
contracts, easements, licenses and other agreements as are necessary or desirable for the
provision of water, sewer, gas, electric, telephone, cable television and other utilities
(collectively "Access and Utility Agreements"), in capacities adequate for the
development and use of the Project for its Intended Use. Upon approval of the Site Plan,
Developer shall submit detailed water and sewer utility drawings to the City for approval.
Developer shall submit water and sewer permit applications and drawings to the Palm
Beach County Health Department, obtain all required utility permits, and comply with all
regulatory requirements. Developer shall pay all applicable water and sewer capital
facilities charges, inspection and televising fees, connection fees, and water meter
deposits to the City.
I W DI 6'40 1 W W W DI Il 110 WI
4.1 Permitted Use: The Developer as of this Development Agreement has the
exclusive right, free of rent or charge of any kind whatsoever, to use, occupy and operate
and permit all third-parties to use and to occupy, the Building for all legal purposes.
Developer shall retain all revenues derived from the operation of the Building. The City
shall not restrict use or rental of the Building in any manner not otherwise prohibited in
the City generally, as of the date thereof. The following uses are prohibited: adult
entertainment, schools, half-way houses, group homes, sober houses, gas stations or dry
cleaners
ARTICLE V
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5.1 If either Party fails to satisfy the contingences set for in Article I or if Developer
fails to obtain Financing before the end of the Financing Contingency period then this
agreement will be deemed terminated and the Developer agrees to return fee simple title
to the City to its original or subsequently improved condition no later than 30 business
days from date of the expiration of the contingency. The City will provide all necessary
documents to effectuate the return of the Building.
ARTICLE VI
6.1 The City must enroll in ad valorem tax program before the closing date set forth
in the January 10, 2013 Purchase and Sale Agreement.
ARTICLE VII
7.1 Term. The term of this Development Agreement shall commence on date this
agreement is approved and adopted by the City. This Development Agreement shall
continue until the date on which Developer obtains a certificate of occupancy for the
Project certifying the Project has been completed under the Plans and the terms of this
Development Agreement unless this Agreement is terminated for failure of the parties to
satisfy the contingences in Article I.
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8.1 Insurance Reauirements. During the term of this Development Agreement, the
parties shall maintain the following insurance:
8.2 Developer Insurance:
(a) Workers' Compensation. Insurance covering all Developer's employees
meeting the statutory limits and in compliance with applicable state and federal laws.
(b) Commercial General Liabilitv. Coverage shall have minimum limits of
$2,000,000. Combined. Single Limits for Bodily Injury Liability and Property Damage
Liability. This shall include Premises and Operations, Products and Completed
Operations. City shall be named as an additional insured.
(c) Automobile Liabilitv. Coverage will include all licensed, over-the-road
vehicles owned or used by the Developer within minimum limits of no less than $
500,000 per occurrence.
(d) Builder's Risk Loss Insurance. Developer, prior to commencing
construction, shall procure prior to commencement of construction builder's risk loss
insurance, with the City named as an additional insured. The Developer's proceeds of the
insurance are pledged by Developer to the City and payable only in the event the project,
following an insured against loss, is abandoned by Developer or if construction activity is
not resumed (following loss) within sixty (90) days of the insured against loss. If the
Developer does not commence construction within 90 days of the insured against loss,
then it will be deemed that the Developer abandoned the project.
8.3 Wavier of Subrogation. The City and the Developer each waive any and all rights
to recovery against each other and their respective agents and employees for loss or
damage to each other arising from any cause insured against under any policy of
insurance required to be carried by such waiving party to the extent of all proceeds
recovered thereunder.
I "A 04 W1 *1 Dieu WN M r
9.1 Developer represents, warrants and covenants to City that:
(a) the execution, delivery and performance of this Development
Agreement has been duly and validly authorized by all necessary action, corporate or
otherwise, by Developer;
(b) the execution, delivery and performance of this Development
Agreement will not result in a breach or violation of or a default under Developer's
articles of incorporation, or under any loan or other agreement or instrument by which
Developer is bound, or of any law, order or regulation;
(c) Developer is a duly organized, validly existing, and in good
standing under the laws of the State of Florida; and
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(d) there are no claims, actions, litigation, judgments, rulings, suits or
proceedings actual, pending, or, to the best of Developer's knowledge, threatened,
including, without limitation, bankruptcy or other insolvency proceedings, by or against
Developer which, if determined adversely to Developer, would adversely affect
Developer's ability to perform its obligations hereunder.
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10.1 Indemnification by Developer.
(a) Developer shall indemnify, defend and save harmless City, and its
officers, directors, agents, and employees, and each of them (collectively the
"Indemnified Parties" and individually "Indemnified Party ") from and against any and all
suits, actions, legal, or administrative proceedings, claims, debts, demands, damages,
liabilities, interests and expense of whatever kind or nature arising from any negligent
act, omission, or default of Developer or anyone acting under its direction, control, or in
its behalf, or for which it is legally responsible, in connection with the Work that causes
bodily injury or property damage to a third party. Developer's obligation to indemnify
the Indemnified Parties shall be limited to $1,000,000 ( "the cap "), which the parties agree
is a reasonable commercial relationship to this Development Agreement. This indemnity
obligation is part of the Project specifications or bid documents. The Developer's
obligation to provide a defense for an Indemnified Party shall arise regardless of the
merits of the matter and shall continue until a final determination of fault is made. If the
Developer provides a defense to any Indemnified Party hereunder, the Developer shall
have the sole choice of legal counsel. City shall be entitled to recover actual, reasonable
attorneys' fees and reasonable court costs and all other costs, expenses and liabilities
incurred by City in any action brought to enforce all or any part of this provision, not to
exceed the above cap on such indemnification obligation. The Developer's obligations
under this paragraph shall in no way limit City's other rights and remedies under this
Development Agreement. Notwithstanding the foregoing, Developer's indemnity
obligation shall not include claims of, or damages resulting from, gross negligence or
willful, wanton or intentional misconduct of any Indemnified Party or for statutory
violation or punitive damages except and to the extent the statutory violation or punitive
damages are caused or a result from the act or omissions or Developer or any of the
Developer's subcontractors, sub - subcontractors, material men, or agents of any tier or
their respective employees.
(b) Developer's indemnity and defense obligations under this
Development Agreement shall survive the Completion of the Project and Final Payment
for a period equal to the Statute of Limitations for any action which could be brought
against City and shall continue through the duration of any action brought during the
applicable time periods.
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FIVIN I " C 10 1 Di 0 N
11.1 The Developer may assign this Agreement with the written consent of the City.
The City may not withhold consent if the proposed assignee's has the financial
qualifications to perform this agreement. to perform exceed those of Developer as
evidenced by a record of successfully completing two (2) or more historic property re-
development/restoration projects within the forty-eight (48) months preceding
assignment. Successfully completing means: completed without associated litigation or
arbitration and completing the project without a time extension exceeding six (6) months
over the project's original timeline. It is expressly agreed that after substantial completion
of the project, there will be no restriction to the assignment of the agreement if a merger
occurs, acquisition or re-organization of the Developer or its partners or affiliates, or in
connection with any loan transaction or other restricting affecting the Developer's
interest in the property.
00 NAM-
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12.1 Except as otherwise provided herein, neither party shall be in default under, or
breach of, this Agreement or the Operative Agreements to the extent it is unable to
perform due to an even of Force Majeure. For the purpose of this Agreement, Force
Majeure shall mean and include any act of God, accident, fire, riot, or civil commotion
act of public enemy, failure of transportation facilities, enactment, rule, order or act of
government instrumentality (whether domestic or international or whether federal, state
or local) failure of technical facilities or any other cause of any nature beyond the control
of the parties which was not avoidable in exercising reasonable care and foresight. The
party claiming Force Majeure shall notice the other party of the occurrence within 10
business days of such occurrence and the likely duration and termination thereof.
W41111101
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13.1 Any notice required to be given hereunder or under the Purchase and Sale
Agreement or Land Lease shall be in writing and mailed, postage prepaid, by United
States Certified or Registered Mail, Return Receipt Requested, or dispatched by
overnight courier, addressed to the parties as follows, unless a different address is
designated by either party under this notice provision
For notice to the City: City of Boynton Beach
100 E. Boynton Beach Blvd.
Boynton Beach, Florida 33435
Telephone:
Facsimilie:
With copies to:
James A. Cherof, Esq.
Goren, Cherof, Doody & Ezrol, P.A.
3099 E. Commercial Blvd., Suite 200
Fort Lauderdale, Florida 33308
Telephone: (954) 771-4500
Facsimile: (954) 771-4923
For notice to the Developer:
Boynton Old School Partnership, LLC
826 South Federal Highway, #3
Lake Worth, Florida 33460
Attn: Juan Contin
Telephone: (561) 240-4007
Facsimile:
With Copies to:
Y. Lisa Colon Heron, Esq.
Smith Currie & Hancock, LLP
101 NE 3 Ave
Suite 1910
Fort Lauderdale, Florida 33301-1286
Telephone: 954-769-5329
Facsimile: 954-524-6927
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14.1 Dispute Resolution.
(a) If a dispute arises out of or relates to this Development Agreement
or its breach, the parties shall endeavor to settle the dispute first through direct
discussions. If the dispute cannot be settled through direct discussions, the parties shall
endeavor to settle the dispute by mediation before recourse to litigation. The location of
the mediation shall be Palm Beach, Florida, and nowhere else. Once one party files a
request for mediation with the other contracting party, the parties agree to conclude such
mediation within sixty (60) days of filing of the request.
(b) The prevailing party in any dispute arising out of or relating to this
Development Agreement or its breach resolved by litigation shall be entitled to recover
from the other party reasonable attorney's fees (including expert fees and paralegal fees),
costs and expenses incurred by the prevailing party in connection with such litigation and
on appeal.
14.2 Entire Agreement. The Development Agreement contains the entire
understanding of the parties regarding the this Development Agreement Only, supersedes
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all prior or other negotiations, representations, understandings and agreements of, by or
among the parties, express or implied, oral or written which are fully merged herein. The
express terms of this Development Agreement control and supersede any course of
performance and/or customary practice inconsistent with any such terms. Any agreement
hereafter made shall' be ineffective to change, modify, discharge or effect an
abandonment of this Development Agreement unless such agreement is in writing and
signed by the party against whom enforcement of such change, modification, discharge or
abandonment is sought. This Development Agreement shall be governed by and
construed under the laws of the Florida.
14.3 Non - Exclusive Remedies. Except as otherwise provided herein, no remedy herein
conferred or reserved is exclusive of any other available remedy or remedies, and each
and every such remedy shall be cumulative and shall be in addition to every such remedy
given under this Development Agreement or now or hereafter existing at law or in equity
or by statute. It is expressly agreed that the remedy at law for breach by the parties for its
obligations hereunder is inadequate in view of the complexities and uncertainties in
measuring the actual damages sustained by reason of either party's failure to comply fully
with each of such obligations. The obligations of each party are expressly made
enforceable by specific performance, except as otherwise specifically provided herein.
14.4 No Waiver. Neither the failure nor any delay by either party to this Development
Agreement to exercise any right, remedy, power or privilege under this Development
Agreement shall operate as a waiver thereof, nor shall any single or partial exercise of
any right, remedy, power or privilege preclude any other or further exercise of the same
or of any other right, remedy, power or privilege, nor shall any waiver or any right,
remedy, power or privilege with respect to any occurrences be construed as a waiver of
any such right, remedy, power or privilege with respect to any other occurrence. No
waiver shall be effective unless it is in writing and is signed by the parties asserting such
waiver.
14.5 No Third Partv Beneficiary Ria_ hts. This Development Agreement is made solely
and specifically between and for the benefit of the parties hereto, and their respective
successors and assigns, subject to the express provisions hereof relating to successors and
assigns, and no other person, individual, corporation or entity, whatsoever, shall have any
rights, interests or claims hereunder or be entitled to any benefits under or on account of
this Development Agreement as a third party beneficiary or otherwise.
14.6 Time Time is of the essence of this Development Agreement.
14.7 Interpretation. No provision of this Development Agreement is to be interpreted
for or against either party because that party or that party's legal representative or counsel
drafted such provision.
14.8 Additional Acts. In connection with this Development Agreement and the
transactions contemplated by this Development Agreement, City and Developer each
agree to execute and deliver such additional documents and instruments and take all such
necessary action and perform such additional acts as may be necessary or appropriate to
effectuate, carry out and perform all of the terms, provisions and conditions of this
Development Agreement.
14.9 Provisions Separable. The provisions of this Development Agreement are
independent of and separable from each other, and no provisions shall be affected or
rendered invalid or unenforceable by virtue of the fact that for any reason any other
provision may be invalid or unenforceable in whole or in part.
14.10 Countemarts. This Development Agreement may be executed in any number of
counterparts, each of which shall be deemed an original as against any party whose
signature appears thereon, and all of which shall together constitute one and the same
instrument. This Development Agreement shall be binding when one or more
counterparts hereof, individually or taken together, shall bear the signatures of all of the
parties reflected on this Development Agreement as the signatories.
14.11 Captions. The captions in this Development Agreement are inserted for
convenience of reference; they form no part of this Development Agreement and shall
not affect its interpretation.
14.12 Gender. Whenever the context shall so require, all words herein in any gender
shall be deemed to include the masculine, feminine, or neuter gender, and all singular
words shall include the plural, and all plural words shall include the singular.
14.13 Relationship Between the Parties. The relationship of the parties shall be limited
to the development and construction of the Project. Nothing herein shall be deemed to
create a partnership or joint venture between the parties, nor to authorize either party to
act as general agent (as opposed to any specific agency relationship described in this
Development Agreement) for the other party.
14.14 Authorized Representatives. Any consent, approval, authorization or other action
required or permitted to be given or taken under this Development Agreement by City or
Developer shall be given or taken by one or more of the authorized representatives of
each. For this Development Agreement, the authorized representatives of City shall be
the City Manager or her designee; and the authorized representatives of the Developer
shall be Juan Contin. Any party hereto may from time to time designate other or
replacement authorized representatives to the other party hereto. The written statements
and representations of any authorized representative of City or Developer shall be
binding upon the party for whom such person is an authorized representative, and the
other party hereto shall have no obligation or duty whatsoever to inquire into the
authority of any such representative to take any action which he proposes to take.
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IN WITNESS WHEREOF, the parties have executed this Development Agreement as of
the date and year first above written.
ATTEST:
BY:
PRINT NAME:
PRINT TITLE:
Ak
A 4 4
HA GOV CLIENTS\1313 306\9904890 1313 HIGH SCHOODDeveloners Aiareement 020513.docx
2/14/2013 3:07 PM
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The City o Bo Beach
Boynton Old School Partnership
826 South Federal Highway
Worth, Lake ' f
c •
Dear Mr. Contin:
Attached is the agreement and a copy of the Resolution mentioned above. Once the
agreement has been signed, please return the original to the City Clerk's Office for
further processing.
If you have any questions, please do not hesitate to contact me.
Very truly yours,
• • 0
'tn - AA-aL"
6 3a t M. Prainito, MMC
City Clerk
Attachments
CC: Nancy Byrnes
Us
S: \CC \WP \AFTER COMMISSION \Other Transmittal Letters After Commission \2013 \R13 -014 Developement
Agreement Boynton Old School Parnership LLC.doc
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