R18-041 1 RESOLUTION NO. R18-041
2 A RESOLUTION OF THE CITY OF BOYNTON BEACH,
3 FLORIDA, APPROVING AND AUTHORIZING THE MAYOR TO
4 SIGN AN INTERLOCAL AGREEMENT BETWEEN THE CITY OF
5 BOYNTON BEACH AND THE BOYNTON BEACH COMMUNITY
6 REDEVELOPMENT AGENCY FOR FUNDING CERTAIN
7 PORTIONS OF THE TOWN SQUARE PROJECT; AND
8 PROVIDING AN EFFECTIVE DATE.
9 WHEREAS; the City and the CRA desire to provide funding for a project known as
10 Town Square Redevelopment Project which falls within the CRA boundaries and more
11 specifically within the Cultural District and the Boynton beach Boulevard Districts; and
12 WHEREAS,the Town Square project furthers the CRA's Community Redevelopment
13 Plan to prevent and eliminate slum and blight within the Redevelopment Area; and
14 WHEREAS, the this Interlocal Agreement outlines the CRA annual funding
15 commitment for the Town Square Proeject beginning with fiscal year 2018/19 through 2043/44.
16 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
17 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
18 Section 1. Each Whereas clause set forth above is true and correct and incorporated
19 herein by this reference.
20 Section 2. The City Commission of the City of Boynton Beach,Florida does hereby
21 approve and authorize the Mayor to sign the Interlocal Agreement between the City of Boynton
22 Beach and the Boynton Beach Community Redevelopment Agency for CRA funding of
23 portions of the Town Square Project, a copy of said Interlocal Agreement is attached hereto as
24 Exhibit"A".
25 Section 3. That this Resolution shall become effective immediately upon passage.
26 PASSED AND ADOPTED this 13th day of March, 2018.
27 CITY OF BOYNTON BEACH, FLORIDA
28
29 YES NO
30
31 Mayor— Steven B. Grant ---
32 32
33 Vice Mayor—Justin Katz ` -•
34
35 Commissioner—Mack McCray
36
37 Commissioner—Christina L. Romelus
38
39 Commissioner—Joe Casello
40
41 VOTE .. "_
42 ATTEST:
43
44 /2
45 9 cr��
46 J h A. Pyle, CMC'
47 y Clerk
48
49
50 (City Seal) 7,
51
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41
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INTERLOCAL AGREEMENT BETWEEN THE CITY
OF BOYNTON BEACH AND THE BOYNTON
BEACH COMMUNITY REDEVELOPMENT
AGENCY FOR THE FUNDING OF CERTAIN
PORTIONS OF THE TOWN SQUARE PROJECT
THIS AGREEMENT is made this 13 day of M"r"rj , 2018 by and
between the CITY OF BOYNTON BEACH, a Florida Municipal Corporation, ("City"),
and the BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY,
("CRA") (individually and collectively, the"Party"or"Parties").
WITNESSETH:
WHEREAS, the 2016 Boynton Beach Community Redevelopment Plan ("Plan")
calls for the redevelopment of the Cultural District and the Boynton Beach Boulevard
District as those Districts are described in the Plan; and
WHEREAS,the City and the CRA desire to provide funding for a project known
as the Town Square Redevelopment Project ("Project"), which falls within the CRA
boundaries, and more specifically, in the Cultural District and the Boynton Beach
Boulevard District; and
WHEREAS,the City contracted with E2L, LLC for the Project under the "Town
Square Project-Phase 1 Services Agreement;" and that is now completed; and
WHEREAS, the City has decided to move forward with Town Square-Phase 2,
which includes construction and financing of the Project; and
WHEREAS, the Project furthers the CRA's Community Redevelopment Plan
("Plan") because the Project will help prevent and eliminate slum and blight within the
Redevelopment Area, and will provide the opportunity to redevelop the area within the
Project("Project Area") in accordance with the Plan; and
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WHEREAS, the CRA is limited by § 163.370(3), Florida Statutes from making
certain expenditures; and
WHEREAS,the Palm Beach Board of County Commissioners at their January 17,
2018 meeting, approved the City and CRA's request to permit CRA funds to be used for
the Project; and
WHEREAS,the CRA desires to reimburse the City for certain expenses related to
the Project that are not prohibited by the Florida Statutes; and
WHEREAS,the CRA Board finds that this Agreement, and the use of the CRA's
funds to implement the Project to be consistent with the Plan and Florida Statutes; and
WHEREAS, the CRA and the City find that this funding agreement serves a
municipal and public purpose, furthers the Plan, and is in the best interest of the health,
safety, and welfare of the residents and business owners within the Community
Redevelopment Area; and
NOW, THEREFORE, in consideration of the mutual covenants and promises
herein contained,the Parties hereby agree as follows:
1. Recitals. The recitals set forth above are hereby incorporated herein.
2. Obligations of the CRA.
a. The CRA shall provide funding to the City in an amount not too exceed
$3,700,000 per fiscal year beginning with FY 2018/19 thru FY 2043/44,
consistent with the terms of this Agreement, to be used for
reimbursement of certain costs not prohibited by § 163.370(3),Florida
Statutes.
b. The CRA's obligation to provide funding to the City is contingent upon
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i. The inclusion of the funding in the CRA's approved Budget for
the given fiscal year,and
ii. The CRA's receipt of sufficient Tax Increment Revenue each
fiscal year to fund the Project up to $3,700,000 in any given
fiscal year after all preexisting funding obligations of the CRA
are met.
3. Obligations of the City.
a. The City shall ensure funds provided by the CRA are not used for any
purposes prohibited by § 163.370(3), Florida Statutes, or otherwise
prohibited by law.
b. The City shall ensure that the Project is designed and constructed in
compliance with the Plan.
c. The City shall be responsible for overseeing the Project and contracting
with E2L, LLC and other entities as necessary to effectuate the Project,
but shall coordinate with the CRA concerning compliance with the Plan.
d. Upon request from the CRA, or an authorized agent of the CRA,
including the Executive Director and the CRA Attorney, the City shall
provide all documents reasonably requested by the CRA or CRA's agent
concerning compliance with this Agreement, specifically including any
documentation concerning compliance with § 163.370(3), Florida
Statutes.
4. Annual Budget Request.
a. As a prerequisite for receiving funding in any given year pursuant to
this Agreement, no later than the last day of April every year through
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the life of this Agreement, the City shall provide the CRA with an
Annual Budget Request.
b. Consistent with the terms of this Agreement, the Annual Budget
Request shall state the amount of funding the City is requesting the CRA
include for the Project in its budget for the subsequent fiscal year.
c. The Annual Budget Request shall also include a summary of the
portions of the Project for which the funding is requested to ensure CRA
funds are not used for any purposes prohibited by § 163.370(3),Florida
Statutes, or any other law.
d. The first Annual Budget Request shall be due on April 30, 2018, for
funds to be include in the CRA's budget for the 2018/2019 fiscal year.
e. Upon receipt of the timely submitted Annual Budget Request,the CRA
shall include the funding amount requested in its proposed Budget to be
considered for approval by the CRA Board.
5. Reimbursement of Funds
a. The CRA shall disburse funding to the City annually for the
reimbursement of direct expenses related to the Project consistent with
the Plan and the terms of this Agreement.
b. The amount of funding disbursed to the City shall not exceed the amount
included for the Project in the CRA's approved Budget for the given
fiscal year.
c. The City shall provide a written request for reimbursement
("Reimbursement Request")to the CRA no later than September Pt of
each year,which shall include the following information:
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i. A summary of the status of the Project;
ii. A statement and evidence that the Project is in compliance with
the Plan.
iii. Copies of all invoices, receipts, and any other documentation
necessary to evidence the amount and purpose for each payment
made by the City for the Project for which the City is seeking
reimbursement that year.
d. Upon receipt of a Request for Reimbursement from the City meeting the
requirements of this Agreement, the CRA shall remit funding in the
amount requested, consistent with this Agreement, to the City within
thirty(30)days of receipt of the Request for Reimbursement.
6. Limits of CRA Obligations for the Project. The Parties agree that the
CRA shall be responsible to the City for providing reimbursement for eligible expenses for
the Project only, and shall not otherwise be responsible for effectuating the Project.
7. Indemnification. The City shall indemnify, save, and hold harmless the
CRA, its agents, and its employees from any liability, claim, demand, suit, loss, cost,
expense or damage which may be asserted,claimed,or recovered against or from the CRA,
its agents, or its employees, by reason of any property damages or personal injury,
including death, sustained by any person whomsoever, which damage is incidental to,
occurs as a result of, arises out of, or is otherwise related to the negligent or wrongful
conduct or the faulty equipment (including equipment installation and removal) of the
Project. Nothing in this Agreement shall be deemed to affect the rights, privileges, and
sovereign immunities of the CRA or the City as set forth in Section 768.28, Florida
Statutes. This paragraph shall not be construed to require the City to indemnify the CRA
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•
for its own negligence,or intentional acts of the CRA, its agents or employees. Each party
assumes the risk of personal injury and property damage attributable to the acts or
omissions of that party and its officers, employees and agents.
8. Term of the Agreement. This Agreement shall become valid and
commence upon execution by the last Party to this Agreement, and shall terminate on
September 30, 2044 ("Termination Date"). The CRA shall not be required to reimburse
the City for any requests submitted after the Termination Date. The term of the Agreement
may be extended one time for a period of one year and may only be extended upon approval
by the CRA Board and upon the appropriation of CRA funds for intended purposes of this
Agreement in the subsequent fiscal year's budget. Such extension is only effective upon
the execution of a written amendment signed by both Parties. Nothing in this paragraph
shall be construed so as to affect a Party's right to terminate this Agreement in accordance
with other provisions in this Agreement.
9. Records. The City and the CRA each shall maintain their own 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 at least 1 year after the termination of the
Agreement.
10. Filing. The City shall file this Interlocal Agreement pursuant to the
requirements of Section 163.01(11) of the Florida Statutes
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11. Default. If either Party defaults by failing 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 terminate this Agreement through written notice to the other Party, and 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 of the City and Redevelopment
Area. Failure of any Party to exercise its right in the event of any default by the other Party
shall not constitute a waiver of such rights.No Party shall be deemed to have waived any
rights related to the other Party's failure to perform unless such waiver is in writing and
signed by both Parties. 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.
12. No Third Party Beneficiaries. Nothing in this Agreement shall be deemed
to create any rights in any third parties that are not signatories to this Agreement.
13. Compliance with Laws. The City and the 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.
14. Entire Agreement. This Agreement represents the entire and sole
agreement and understanding between the Parties concerning the subject matter expressed
herein. No terms herein may be altered,except in writing and then only if signed by all the
Parties hereto. All prior and contemporaneous agreements, understandings,
communications, conditions or representations, of any kind or nature, oral or written,
concerning the subject matter expressed herein, are merged into this Agreement and the
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terms of this Agreement supersede all such other agreements. No extraneous information
may be used to alter the terms of this Agreement.
15. Severability. If any part of this Agreement is found invalid or
unenforceable by any court, such invalidity or unenforceability shall not affect the other
parts of the Agreement if the rights and obligations of the parties contained herein are not
materially prejudiced and if the intentions of the parties can continue to be achieved. To
that end,this Agreement is declared severable.
16. Governing Law and Venue. The validity, construction and effect of this
Agreement shall be governed by the laws of the State of Florida. 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, to which the Parties expressly
agree and submit.
17. No Discrimination. Parties shall not discriminate against any person on
the basis of race, color, religion, ancestry, national origin, age, sex, marital status, sexual
orientation or disability for any reason in its hiring or contracting practices associated with
this Agreement.
18. Notice. 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.
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CITY: Lori LaVerriere, City Manager
City of Boynton Beach
100 E. Boynton Beach Boulevard
Boynton Beach, FL 33435
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
19. No Transfer.The Parties shall not, in whole or in part, subcontract, assign,
or otherwise transfer this Agreement or any rights, interests, or obligations hereunder to
any individual, group, agency, government, non-profit or for-profit corporation, or other
entity without first obtaining the written consent of the other Party.
20. Interpretation. 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.
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IN WITNESS WHEREOF, the City and the CRA hereto have executed this
Agreement as of the date set forth above.
ATTEST: CITY OF BOYNTON BEACH,
a Florida municipal corporation
B
s ,L y:
Ju 4
Pyle, City Cleric ic94-..-..2S- s-------
Steven B. Grant, Mayor
Approver as to rorm:
(SEAL)
i 1
Office of the City IVorney n
880,00° =
Approved a to worm: BOYNTON BEACH COMMUNITY
REDEVELOP EN A NCY
////:____-- e e
By: I 1
O ice of the CRA Attorney Stev• :. Grant, Chair
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EXHIBIT
,,A ,,
Anticipated Town Square Funding
Fiscal Yr CRA
2018/19 3,700,000
2019/20 3,700,000
2020/21 3,700,000
2021/22 3,550,000
2022/23 3,550,000
2023/24 3,550,000
2024/25 3,550,000
2025/26 3,550,000
2026/27 2,800,000
2027/28 2,800,000
2028/29 2,800,000
2029/30 2,800,000
2030/31 2,800,000
2031/32 2,800,000
2032/33 2,800,000
2033/34 2,800,000
2034/35 2,800,000
2035/36 2,800,000
2036/37 2,800,000
2037/38 2,800,000
2038/39 2,800,000
2039/40 2,800,000
2040/41 2,800,000
2041/42 2,800,000
2042/43 2,800,000
2043/44 2,800,000
2044/45 0
79,250,000
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