Loading...
R18-0261 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 RESOLUTION NO. R18 -026 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING AND AUTHORIZING THE MAYOR TO SIGN AN INTERLOCAL AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND THE BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY FOR FINANCIAL SUPPORT TO THE OCEAN BREEZE EAST APARTMENTS LLC., IN ASSOCIATION WITH THEIR APPLICATION FOR THE 9% TAX CREDIT FOR LOW INCOME HOUSING TAX CREDITS AND TO SIGN ANY RELATED APPLICATION DOCUMENTS TO CONFIRM SUCH SUPPORT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS; on January 18, 2018 the CRA Board approved an Interlocal Agreement with the City of Boynton Beach for funding of the Local Government Contribution match of $567,500 in connection with Ocean Breeze East Apartments LLC in connection with their application for 9% Low Income Housing Tax Credit Program; and WHEREAS, the application requires the Local Government to verify the contribution amount of $567,500 as part of Ocean Breeze East Apartments, LLC., application submission; and WHEREAS, the Local Government is the City of Boynton Beach and this Interlocal Agreement provides for the financial support to be paid by the Boynton beach Community Redevelopment Agency providing the application for the 9% LIHTC Program is successful; I and WHEREAS, the attached Interlocal Agreement contains the details of the CRA funding commitments associated with the Project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 Section 1. Each Whereas clause set forth above is true and correct and incorporated herein by this reference. Section 2. The City Commission of the City of Boynton Beach, Florida does hereby approve and authorize the Mayor to sign the Interlocal Agreement between the City of Boynton Beach and the Boynton Beach Community Redevelopment Agency for CRA funding to the Ocean Breeze East Apartments LLC in association with their application for the 9% tax credit for Low Income Housing Tax Credits and to sign any related application documents to confirm such support. A copy of said Interlocal Agreement is attached hereto as Exhibit "A ". Section 3. That this Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this 6� day of February, 2018. CITY OF BOYNTON BEACH, FLORIDA YES NO Mayor — Steven B. Grant Vice Mayor — Justin Katz Commissioner — Mack McCray Commissioner — Christina L. Romelus Commissioner — Joe Casello VOTE ATTEST: 1, Judith . Pyle, CMC City Clerk (Corporate Seal) / `)_�\ S _ C)A L. 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 FLORIDA HOUSING FINANCE CORPORATION STATE APARTMENT LOAN PROGRAM FOR THE PROJECT KNOWN AS THE OCEAN BREEZE EAST PROJECT SITE TO BE DEVELOPED BY OCEAN BREEZE EAST APARTMENTS LLC, PURSUANT TO CHAPTER 420, PART V, SECTIONS 420.5093 - 420.5099, FLORIDA STATUTES, PROVIDING AN EFFECTIVE DATE. THIS AGREEMENT, made and entered into on the la°' day of 2018 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 ") FIX N1 01 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 ( "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 within the CRA furthers the CRA's purpose of eliminating slum and blight; and WHEREAS, the CRA has approved a financial contribution of five hundred sixty -seven thousand and five hundred dollars ($567,500.00) in the form of a grant contribution ( "Grant ") to assist the developer, Ocean Breeze East Apartments LLC ( "Grantee "), in the development of certain properties located 700 N. Seacrest Boulevard in Boynton Beach, Florida, 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 the Grant, on behalf of the CRA, to the "Grantee," under the condition that the Grantee obtains award underwriting approval of a 9% Low Income Housing Tax Credit allocation from the Florida Housing Finance Corporation by June 30, 2018, and 00919723 -1 Page 1 of 7 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 "Florida Interlocal Cooperation Act "), permits the Parties, as public agencies under the Interlocal Cooperation Act, to enter into interlocal agreements with each other to authorize one public agency to exercise, on behalf of the other public agency, jointly held powers, privileges or authorities which each such public agency shares in common and which each might exercise separately, permitting the public agencies 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 public agencies; 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 upon filing with the Clerk of the Court in the Fifteenth Judicial Circuit and shall terminate upon the earlier of the following: 1) the CRA reimbursing the CITY for final payment of the Grant of five hundred sixty -seven thousand and five hundred dollars ($567,500.00) to Grantee consistent with the terms of this Agreement; or 2) the failure of Grantee to obtain award underwriting approval of a 9% Low Income Housing Tax Credit from Florida Housing Finance Corporation by June 30, 2018. Section 3. DUTIES AND RESPONSIBILITIES OF THE PARTIES 3.01 The Parties agree that per Resolution No._, the Grant shall be paid by the CITY to Grantee on behalf of the CRA. 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. Payment shall be made to Grantee upon: 1) Grantee providing evidence that they have been awarded a nine percent (9 %) low income tax 00919723 -1 Page 2 of 7 credit from the Florida Housing Finance Corporation; and 2) a real estate closing for the sale of the project properties located at 700 N. Seacrest Boulevard in Boynton Beach, Florida, as described in Exhibit "A." 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 development of the on the Ocean Breeze East project site located at 700 N. Seacrest Boulevard in Boynton Beach, Florida, as described in Exhibit "A." 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 non - defaulting party may terminate 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. 00919723 -1 Page 3 of 7 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 so long as the Parties' rights and obligations contained in this Agreement are not materially prejudiced and the intentions of the Parties can continue to be achieved. 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 00919723 -1 Page 4 of 7 CRA: Michael Simon, 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 00919723 -1 Page 5 of 7 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. ATTEST: Cit Clerk • pr form: ' C' y Attorney Approved as to form: C�R�A�Attorn�ey CITY OF BOYNTON BEACH a municipal corporation organized and existing under the laws of the State of Florida By: Steven Grant, Mayor BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY a public agency orga ' ed d ex' g er the laws of the State of o By: ' Steven Grant, Chair 00919723 -1 Page 6 of 7 EXHIBIT "A" 00919723 -1 Page 7 of 7 EXHIBIT "A" LEGAL DESCRIPTION Lots 3 through 12 inclusive, in Block 1, Lots 1 and 2, in Block 1, LESS all that portion of lots 1 and 2 lying West of the East right -of -way line for "Seacrest Boulevard" as shown on Road Plat Book 5, at Page 182 and less a 20 foot return curve area for road right -of -way, PALM BEACH COUNTRY CLUB ESTATES, according to the Plat thereof, as recorded in Plat Book 11, at Page 43, of the Public Records of Palm Beach County, Florida, and the South Half (S1/2) of the East Half (E1/2) of Lot 2 of Subdivision of the West Half (W1/2) of the Southeast Quarter (SE1 /4) of Section 21, Township 45 South, Range 43 East, LESS the South 125 feet thereof; Less parcels conveyed to the City of Boynton Beach by Official Records Book 852, Page 642 and LESS the right -of -way for "Seacrest Boulevard" as shown on Road Plat Book 5, at Page 182, according to the Plat thereof, as recorded in Plat Book 1, at Page 4, Public Records of Palm Beach County, Florida. FLORIDA HOUSING FINANCE CORPORATION LOCAL GOVERNMENT VERIFICATION OF CONTRIBUTION—GRANT FORM Name of Development. Ocean Breeze East - Development Location: 700 N.Seacrest Blvd.,Boynton Beach, FL 33435 (At a minimum,provide the address number,street name and city,and/or provide the street name,dosed 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.) The City/County of Boynton Beach commits$567,500-00 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 must be effective as of the Application Deadline for the applicable RFA,and is provided specifically with respect to the proposed Development. The source of the grant is: City of Boynton Beach Funds and/or Boynton Beach CRA Funds (e.g.,SHIP,HOME,CDBG) CERTIFICATION I certify that the foregoing information is true and correct and that this commitment is effective at least through the d eqi u he ap lica RFA. - / Steven B.Grant Sign.• e ` Print or Type Name 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 form 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 form may be modified by Florida Housing Finance Corporation per Section 67-60.005,F.A.C. (Form Rev.08-16)