R15-142 1 RESOLUTION R15 -142
3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA,
4 APPROVING AND AUTHORIZING THE MAYOR AND CITY
3 CLERK TO SIGN THE INTERLOCAL AGREEMENT WITH
3 BOYNTON VILLAGE COMMUNITY DEVELOPMENT DISTRICT;
7 AND PROVIDING AN EFFECTIVE DATE.
3
WHEREAS, as part of the Boynton Village & Town Center Park Land Swap, the City
1) requested the Boynton Village Community Development District release any special
11 assessment liens previously imposed on the Park site by the Boynton Village Community
12 Development District and discontinue the levy and collection of any CDD special assessments
13 on the Park site as long as the park parcel is owned by the City and utilized for park purposes;
14 and
15 WHEREAS, the City Commission of the City of Boynton Beach deems it in the best
13 interest of the residents and citizens of the City to approve the Interlocal Agreement with
17 Boynton Village Community Development District.
13 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
19 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
20 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as
21 being true and correct and are hereby made a specific part of this Resolution upon adoption
22 hereof.
23 Section 2. The City of Boynton Beach approves the Interlocal Agreement with the
24 Boynton Village Community Development District to release any special assessment liens
2,i previously imposed on the Park site by the Boynton Village Community Development District
26 and discontinue the levy and collection of any CDD special assessments on the Park site as
2' long as the park parcel is owned by the City and utilized for park purposes.
28 Section 3. The City Commission authorizes the Mayor and City Clerk to sign the
2! Interlocal Agreement, a copy of which is attached hereto as Exhibit "A ".
31 Section 4. That this Resolution shall become effective immediately upon passage.
3 PASSED AND ADOPTED this 17 day of November, 2015.
3' CITY OF BOYNTON BEACH, FLORIDA
3;
3 YES NO
3.
3. Mayor — Jerry Taylor i/
3'
3: Vice Mayor — Joe Casello ./
3:
41 Commissioner — David T. Merker i/
4
4' Commissioner — Mack McCray c/
4:
4 Commissioner — Michael M. Fitzpatrick ✓
4.
4
4' VOTE 6 -0
4:
4! ATTEST:
51
5' � • A . t •
5 .et M. Prainito, MMC
5 i Clerk
5
5..
5' (1
5: I . .r
5: \
y
INTERLOCAL AGREEMENT
} THIS INTERLOCAL AGREEMENT (the "Agreement ") made and entered into on the
11 day of 'C1 . 2015, by and between:
BOYNTON VILLAGE COMMUNITY DEVELOPMENT DISTRICT, a local unit of
special- purpose government organized and existing pursuant to the Chapter 190 of the Florida
Statutes, whose address is Wrathell, Hunt and Associates, LLC, 2300 Glades Road, Suite 410W
Boca Raton, FL 33431 (the "CDD "),
and
CITY OF BOYNTON BEACH, FLORIDA, a municipal corporation of the State of Florida,
whose address is 100 East Boynton Beach Boulevard, Boynton Beach, FL 33425 (the "CITY ").
WITNESSETH:
WHEREAS, at its meeting of September 6, 2006, the City Commission of the CITY approved
Ordinance No. 06 -073, establishing the CDD; and
WHEREAS, the principal owner of the lands located within the CDD has entered into an
agreement with the CITY to convey to the CITY that certain parcel of land described in Exhibit "A"
attached hereto to be used by the CITY as a public park site (the "Park Site "); and
WHEREAS, the CITY has requested that, following the conveyance of the Park Site to the
CITY, the CDD release any special assessment liens previously imposed on the Park Site by the CDD
and discontinue the levy and collection of any CDD special assessments on the Park Site as long as the
Park Site is owned by the CITY and utilized for public park purposes; and
WHEREAS, the CDD Board of Supervisors has determined that the Park Site, when used as a
public park site, will not receive a special benefit from the infrastructure improvements funded by the
CDD, and that it is in the best interest of the CDD to exempt the Park Site from any obligation to pay
CDD special assessments;
NOW, THEREFORE, FOR AND IN CONSIDERATION of the mutual covenants and
agreements hereinafter set forth, the parties hereto agree as follows:
Section 1. RECITALS. The above recitals are true and correct and are incorporated herein.
Section 2. TERM OF AGREEMENT. This Agreement shall become effective upon the approval
and execution of this Agreement by both parties and shall continue in effect as long as the Park Site is
utilized for public park purposes.
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Section 3. PARK SITE NOT SUBJECT TO CDD SPECIAL ASSESSMENTS. The CDD
agrees that, upon the CITY becoming the fee title owner of the Park Site, the CDD will execute and
record in the Public Records of Palm Beach County, Florida, a release of any and all special assessment
liens that the CDD has imposed on the Park Site. The CDD further agrees that, as long as the Park Site
is used by the CITY as a public park site, the CDD will not levy special assessments of any kind (i.e.,
debt assessments or operating and maintenance assessments) on the Park Site.
Section 4. VENUE, ATTORNEYS FEES, AND COSTS.
4.01 Venue of any claim, objection or dispute arising out of this Agreement shall be in the
appropriate court of competent jurisdiction in Palm Beach County, Florida.
4.02 If either party is required to employ the services of an attorney to resolve any dispute or
disagreement arising directly or indirectly from or under this Agreement, to enforce any of the terms,
provisions, covenants or conditions of this Agreement, or remedy any breach of this Agreement, the
prevailing party shall be entitled to recover from the other party the prevailing party= s attorney's fees
charged for such services.
Section 5. GOVERNING LAW. The validity, construction and effect of this Agreement shall be
governed by the laws of the State of Florida.
Section 6. ENTIRE AGREEMENT. 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 7. SEVERABILITY. 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 8. CONTRACT ADMINISTRATORS. The Contract Administrators for each party shall
be as follows:
CDD: District Manager
Wrathell, Hunt and Associates, LLC
2300 Glades Road, Suite 410W
Boca Raton, FL 33431
Telephone No. (561) 571 -0010
CITY: City Manager
City of Boynton Beach
{00005264.DOC v.2} 2
100 East Boynton Beach Blvd.
Boynton Beach, FL 33425
Telephone No. (561) 742 -6000
Section 9. NOTICES. 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.
CDD: District Manager
Wrathell, Hunt and Associates, LLC
2300 Glades Road, Suite 410W
Boca Raton, FL 33431
Telephone No. (561) 571 -0010
Copy To: District Counsel
Billing, Cochran, Lyles, Mauro & Ramsey, P.A.
515 East Las Olas Blvd., 6 Floor
Fort Lauderdale, Florida 33301
Telephone No. (954) 764 -7150
CITY: City Manager
City of Boynton Beach
100 East Boynton Beach Blvd.
Boynton Beach, FL 33425
Telephone No. (561) 742 -6000
Copy To: City Attorney
City of Boynton Beach
100 East Boynton Beach Blvd.
Boynton Beach, FL 33425
Telephone No. (561) 742 -6000
{00005264.DOC v.2} 3
IN WITNESS WHEREOF, the BOYNTON VILLAGE COMMUNITY DEVELOPMENT
DISTRICT and the CITY OF BOYNTON BEACH have caused these presents to be executed in their
respective names by the proper officials the day and year first above written.
BOYNTON VILLAGE COMMUNITY
DEVELOPMENT DISTRICT, a local unit of special -
purpose government organized and existing pursuant to
the Chapte r 190 of the Florida Statutes
By: /4-6
Chairperson/Vice Chairperson
TEST: -
_ AlkAllillink
A r a ...,Lvivio ..: - 1 ...
li r
CITY OF BOYNTON BEACH, a municipal
corporation organized and existing under the laws of the
State of Florida
By: 4/4
May,
ATTEST: , Y 0 i t,
z
M , City Clerk g, e
0 a`
As.i v �il . f■rm: 0
Cit Attorne ��•
{00005264.DOC v.2} 4
1
EXHIBIT "A"
Description of Park Site
{00010272.DOC v.11
EXHIBIT "A"
Description of Park Site
• •
•
{00010272.DOC v.L }
. i
l: 15611241
949A Glint M ore Road S U R V E Y I N G . &ht & P P re
G Tell (SSR24199-88
f ax; 99 88
Roca Raton FIortda 33487
Certificate of Authorization Nb.18724
SKETCH AND LEGAL DESCRIPTION
(NOT A SURVEY)
PROPOSED PARK. PARCEL
LEGAL DESCRIPTION
ALL OF LOTS 338 THROUGH 343, 345 THROUGH 376, 379 THROUGH 383„ AND 388
THROUGH 392, TOGETHER WITH PORTIONS OF LOTS 337, 344, 377, 378, 384
THROUGH 387 AND 393, AND PORTIONS OF TRACTS B -5, 9 -6 AND R -2, ALL OF
CORTINA PUD REPLAT, ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT
BOO}< 109, PAGES 196 THROUGH , 202 OF THE PUBLIC RECORDS OF PALM BEACH
COUNTY, FLORIDA. AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF SMU - LAKE PARCEL, BOYNTON
TOWN CENTER, A P.C,D., ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT
BOOK 106, PAGES 144 THROUGH 151 OF THE PUBLIC RECORDS OF PALM BEACH
COUNTY, FLORIDA; THENCE NORTH 83 ° 50'35" WEST, A DISTANCE OF 9.11 FEET TO
THE POINT OF BEGINNING; THENCE SOUTH 03°01'43" EAST, A DISTANCE OF 112.89
FEET; THENCE SOUTH 06°58'40" EAST, A DISTANCE OF 102.68 FEED THENCE SOUTH
09 °51'11" EAST, A DISTANCE OF 133.60 FEET; THENCE SOUTH 14 EAST, A
DISTANCE. ;OF 132.9 FEET; THENCE SOUTH 18°59'00" EAST, A DISTANCE OF 148.91
FEET; THENCE SOUTH 25° 45'25" EAST, A DISTANCE OF 184.48 FEET, THENCE SOUTH
89°19'14" WEST, A DISTANCE OF 183.07 FEET TO A POINT ON THE, ARC OF A
CIRCULAR CURVE TO THE LEFT, AT WHICH THE RADIUS POINT BEARS SOUTH
70" 49'03" WEST; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE,
HAVING A RADIUS OF 646,50 FEET AND A CENTRAL ANGLE OF 05° 56'36 ", A
DISTANCE OF 67 FEET TO A POINT OF REVERSE CURVATURE OF A CIRCULAR
CURVE TO THE RIGHT; THENCE NORTHWESTERLY AND NORTHERLY ALONG THE
ARC OF SAID CURVE, HAVING A RADIUS OF 1452.00 FEET AND A CENTRAL ANGLE
OF 25° 34'55 ", A DISTANCE OF 64.8.30 FEET TO A POINT OF REVERSE CURVATURE OF
A CIRCULAR CURVE TO THE LEFT; THENCE NORTHERLY ALONG THE ARC OF SAID
CURVE, HAVING A RADIUS OF 6 FEET AND A CENTRAL ANGLE OF 09 ° ", A
DISTANCE OF 110.95 FEET (THE LAST THREE DESCRIBED COURSES BEING
COINCIDENT WITH THE WEST BOUNDARY OF SAID TRACT B -5); THENCE SOUTH
83°50'35" EAST, ALONG A NON- RADIAL LINE, A DISTANCE OF 152.78 FEET TO THE
POINT OF BEGINNING,
SAID LANDS SITUATE IN THE CITY OF BOYNTON BEACH, PALM BEACH COUNTY,
FLORIDA, AND CONTAIN 3.000 ACRES, MORE OR LESS.
NOTES
1. REPRODUCTIONS OF THIS SKETCH ARE NOT VALID WITHOUT THE SIGNATURE AND THE
ORIGINAL RAISED SEAL OF A FLORIDA . LICENSED SURVEYOR AND MAPPER.
2, NO SEARCH OF THE PUBLIC RECORDS WAS MADE IN THE PREPARATION OF THIS SKETCH AND
DESCRIPTION.
3. BEARINGS SHOWN HEREON ARE BASED ON THE EAST RIGHT-OF -WAY LINE OF CONGRESS
AVENUE, HAVING AN ASSUMED BEARING OF NORTH 01°23'03" WEST.
CERTIFICATION
I HEREBY CERTIFY THAT THE SKETCH AND DESCRIPTION SHOWN HEREON
COMPLIES WITH MINIMUM TECHNICAL STANDARDS AS CONTAINED IN
CHAPTER 5J-17. FLORIDA ADMINISTRATIVE CODE. PURSUANT TO
SECTION 472.027 FLORIDA STATUTES, AND THAT CODE, SKETCH AND
DESCRIPTION IS TRUE AND CORRECT TO THE . BEST OF MY KNOWLEDGE
AND BELIEF AS PREPARED (UNDER MY DIRECTION.
JEFF S. HODAPP
SURVEYOR AND MAPPER
FLORIDA LICENSE NO. LS5111
Pro,teot ttnme, GOPTINA L E, 10/28/2014
JCS ttO, 04173 OWO BY,
CKV Cyr JEK _.. — SHEET 1 OF 4
949A Clint {{l�core Road S U R V E Y I N G G NAPPING Ie1: (SD 241-9988.
Boca Raton, Flortdo 33487 Certdtoate of Authot>xotion MN LB1264 Fax: 156112415182
SKETCH AND LEGAL DESCRIPTION
(NOT A SURVEY)
PROPOSED PARK PARCEL
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ABBREVIATIONS
P.B.C.R. PALM BEACH COUNTY RECORDS
D DELTA (CENTRAL ANGLE)
F.P.L. • FLORIDA POWER a LIGHT COMPANY
L ARCL.ENGTH
L.B. • LICENSED BUSINESS
L.S. • LICENSED SURVEYOR
L.W.D.D. • LAKE WORTH DRAINAGE DISTRICT
NO. • NUMBER
O.R.B. = OFFICIAL RECORDS BOOK
P.B. PLAT BOOK
PG. • PAGE
R • RADIUS
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