R15-135 1 RESOLUTION NO. R15 -135
2 A RESOLUTION OF BOYNTON BEACH, FLORIDA, APPROVING
3 AND AUTHORIZING THE MAYOR TO SIGN AN INTERLOCAL
4 AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND
5 THE BOYNTON BEACH COMMUNITY REDEVELOPMENT
6 AGENCY TO PROVIDE A FINANCIAL CONTRIBUTION TO HTG
7 FOR THE DEVELOPMENT OF A 9% LOW INCOME TAX CREDIT
8 A DEVELOPMENT KNOWN AS SOUTH SIDE OF MARTIN LUTHER
9 ; KING, JR. BLVD. PROJECT; AND PROVIDING AN EFFECTIVE
10 DATE.
11
12 WHEREAS, the goal of the Boynton Beach Community Redevelopment Agency is to
13 eliminate slum and blight and to facilitate the development of affordable housing within the
14 Community Redevelopment Area; and
15 WHEREAS, the proposed development known as South Side of Martin Luther King,
16 Jr. Blvd. Project will help the Community Redevelopment Agency to achieve its goals; and
17 WHEREAS, the developer of the South Side of Martin Luther King, Jr. Blvd. project,
18 Housing Trust Group (HTG) is applying for 9% Low - Income Housing Tax credits in
19 November of 2015; and
20 , WHEREAS, the financial match of $75,000 required by the Florida Housing Finance
21' Corporation allocator of 9% low income tax credits will be paid for by the Boynton Beach
22 Community Redevelopment Agency; and
23 WHEREAS, the City Commission of the City of Boynton Beach, upon
24 recommendation of staff and the CRA Board, deems it to be in the best interests of the
25 residents and citizens of the City of Boynton Beach to approve the Interlocal Agreement
26 between the City of Boynton Beach and the Boynton Beach Community Redevelopment
27 Agency regarding the development of the South Side of Martin Luther King, Jr. Blvd. project
28 on behalf of HTG.
29 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
30 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
31 Section 1. Each Whereas clause set forth above is true and correct and
32 incorporated herein by this reference.
33 , Section 2. The City Commission of the City of Boynton Beach, Florida does
34 hereby approve and authorize the Mayor to sign the Interlocal Agreement between the City of
35 Boynton Beach and the Boynton Beach Community Redevelopment Agency regarding the
36 Local Government Contribution required by Florida Housing Finance Corporation on behalf
37 of HTG developer of the South Side of Martin Luther King, Jr. Blvd. development, a copy of
38 said Interlocal Agreement is attached hereto as Exhibit "A ".
39 Section 3. That this Resolution shall become effective immediately upon passage.
40 PASSED AND ADOPTED this 20 day of October, 2015.
41 CITY OF BOYNTON BEACH, FLORIDA
42'
43 YES NO
44
45 Mayor — Jerry Taylor
46
47 " : Vice Mayor — Joe Casello
48
49 Commissioner — David T. Merker
50
51 1 Commissioner — Mack McCray 1./
52
53 Commissioner — Michael M. Fitzpatrick ✓
54
55 VOTE 5 -0
56 ATTEST:
57
58 ,
59 I e - 1 p __P
60 x IM: Prainito,!MMC
61 y "Clerk
62 (Corporate Seal)`
INTERLOCAL AGREEMENT BETWEEN CITY OF BOYNTON
BEACH AND BOYNTON BEACH COMMUNITY
REDEVELOPMENT AGENCY TO PROVIDE FOR THE PAYMENT
OF THE LOCAL GOVERNMENT CONTRIBUTION UNDER THE
LOW INCOME HOUSING 9% TAX CREDIT PROGRAM FOR THE
PROJECT KNOWN AS MARTIN LUTHER KING, JR. BLVD. SOUTH
TO BE DEVELOPED BY HOUSING TRUST GROUP, LLC.,
PURSUANT TO CHAPTER 420, PART V, 5093 -5099, FLORIDA
STATUTES, PROVIDING AN EFFECTIVE DATE.
THIS AGREEMENT, made and entered into on the a t day of ( , \Cbc
2015 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
710 N. Federal Highway
Boynton Beach, Florida 33435
(hereinafter referred to as "CRA ")
WITNESSETH:
WHEREAS, CITY and CRA (the "Parties ") desire to encourage Affordable and
Workforce Housing development within the City and the CRA; and
WHEREAS, the CRA has determined that the provision of Affordable and Workforce
Housing with the CRA furthers the CRA's purpose of eliminating slum and blight; and
WHEREAS, the CRA has approved a financial contribution of seventy -five thousand
dollars ($75,000) in the form of a grant contribution ( the "Grant ") to assist the developer,
HOUSING TRUST GROUP, LLC, in the development of certain properties located on the south
side of Martin Luther King, Jr. Blvd. and as described in Exhibit "A" attached hereto, and
WHEREAS, the Parties desire to enter into an Interlocal Agreement ( "Agreement ") for
the City of Boynton Beach to pay, on behalf of the CRA, the Grant to HOUSING TRUST
GROUP, LLC. (the "Grantee "), under the condition that the HOUSING TRUST GROUP, LLC
obtains award underwriting approval of a 9% Low Income Housing Tax Credit allocation from
the Florida Housing Finance Corporation by June 30, 2016, and
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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
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
This Agreement shall be effective upon the approval of both parties and upon filing with
the Clerk of the Court in the Fifteenth Judicial Circuit and shall terminate upon the earlier
of the following: 1) final payment of the $75,000 to HOUSING TRUST GROUP, LLC
consistent with the terms of this Agreement; or 2) the failure of HOUSING TRUST
GROUP, LLC to obtain award underwriting approval from Florida Housing Finance
Corporation by June 30, 2016.
Section 3. DUTIES AND RESPONSIBILITIES OF THE PARTIES
3.01 The Parties agree that the Grant per Resolution No. shall be paid by the CITY
on behalf of the CRA. Payment shall be made to HOUSING TRUST GROUP, LLC
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1) upon HOUSING TRUST GROUP, LLC providing evidence that they have been
awarded a nine percent (9 %) low income tax credit from the Florida Housing Finance
Corporation; and 2) a real estate closing for the project properties located on the south
side of Martin Luther King, Jr. Blvd. within the CRA known as described in the attached
g'
Exhibit "A ". The Parties agree further that the CRA will reimburse the CITY for the
payment of said Grant, within 30 days of CITY's notice of making payment.
Section 5. RECORDS
5.01 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 6. ASSIGNMENT
6.01 The respective obligations of the parties shall not be assigned, in whole or in part without
the written consent of the other party.
Section 7. DEFAULT
7.02 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 8. COMPLIANCE WITH LAWS
8.01 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 of 6
Section 9. VENUE
9.01 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 10. GOVERNING LAW
10.01 The validity, construction and effect of this Agreement shall be governed by the laws of
the State of Florida.
Section 11. ENTIRE AGREEMENT
11.01 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 12. SEVERABILITY
12.01 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 13. NOTICES
13.01 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: Lori LaVerriere, City Manager
City of Boynton Beach
100 E. Boynton Beach Boulevard
Boynton Beach, FL 33435
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•
CRA: Vivian Brooks, Executive Director
Boynton Beach CRA
710 N. 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
Tara Duhy, Esquire
Lewis, Longman & Walker, P.A.
515 North Flagler Drive, Suite 1500
West Palm Beach, Florida 33401
Section 14. INTERPRETATION
14.01 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
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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: _ „ A g f 4.4 /
erry Ta or, I or
ATTEST: Gr V O
Oh * a k •
*et Prainito, City Clerk p V'
4„ ON 6
Appro ed jto form:
City ttornef
BOYNTON BEACH COMMUNITY
REDEVELOPMENT AGENCY, a public agency
organized and existing under the laws of the State
of Florida
By: / r rY . /
Tay :r, C r
Approved as to form:
CRA Attorney
Page 6 of 6
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• NE 9 Ave. 'U0'43-45-2)-lO-O04-0OgO- Lot 9,B)k4,90 County Club Batu
• 141 NE 9 Ave. - 08-43-45-21-10-004-0100 - Lot 10, 0)k4, PB County Club Ests
• 151 NE 9 Ave. '0&'43'45'2l-l0'8O4'Ol30- Lot l3, Block 4, Palm Beach CouutryC|uhEato
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LOCAL GOVERNMENT VERIFICATION OF CONTRIBUTION — GRANT FORM
Name of Development: King'S Cove
Development Location: E MLK Jr. Boulevard, E MLK Jr. Boulevard and Seacrest Boulevard, Boynton Beach
(At • minimum, provide the address Dumber, street name and city, and/or provide the street name, closest designated intersection and either the
city (if located within a city) or county (if located in the unincorporated area of the county). If the Development consists of Scattered Sites, the
Development Location stated above must reflect the Scattered Site where the Development Location Point is located.)
On or before the Application Deadline, the City /County of Boynton Beath committed
(Name of City or County)
$ 75,000.00 as a grant to the Applicant for its use solely for assisting the proposed Development
referenced above. The City/County does not expect to be repaid or reimbursed by the Applicant, or any other entity,
provided the funds are expended solely for the Development referenced above. No consideration or promise of
consideration has been given with respect to the grant. For purposes of the foregoing, the promise of providing
affordable housing does not constitute consideration. The commitment for this grant is effective as of the
Application Deadline referenced above, and is provided specifically with respect to the proposed Development.
The source of the grant is: Boynton Beach Community Redevelopment Agency funds
(e g. SHIP. HOME. C BG)a
CERTIFICATION
I certify that the foregoing information is true and correct and that this commitment is effective at least through the
date required in the applicable RFA.
Jerry Taylor
ture ( / Print or Type Mane
Mayor
Print or Type Title
This certification must be signed by the chief appointed official (staff) responsible for such approvals, Mayor, City Manager,
County Manager /Administrator /Coordinator, Chairperson of the City Council/Commission or Chairperson of the Board of
County Commissioners. If the contribution is from a Land Authority organized pursuant to Chapter 380.0663, Florida Statutes,
this certification must be signed by the Chair of the Land Authority. One of the authorized persons named above may sign this
form for certification of state, federal or Local Government funds initially obtained by or derived from a Local Government that
is directly administered by an intermediary such as a housing finance authority, a community reinvestment corporation, or a state-
certified Community Housing Development Organization (CHDO). Other signatories are not acceptable. The Applicant will not
receive credit for this contribution if the certification is improperly signed. To be considered for points, the amount of the
contribution stated on this fort must be a precise dollar amount and cannot include words such as estimated, up to, maximum of
not to exceed, etc.
If the Application is not eligible for automatic points, this contribution will not be considered if the certification contains
corrections or 'white -out' or if the certification is altered or retyped. The certification may be photocopied.
Please note: This forum may be modified by Florida Housing Finance Corporation per Section 67. 60.005, F.A.C.
(Form Rev. 01 -14)
RFA 2915.107