R92-161RESOLUTION NO. R92-/~/
A RESOLUTION OF THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA,
AUTHORIZING THE MAYOR AND CITY CLERK TO
EXECUTE AN EASEMENT AGREEMENT BETWEEN
THE CITY OF BOYNTON BEACH AND THE PALM
BEACH COUNTY HOUSING PARTNERSHIP; A COPY
OF SAID AGREEMENT IS ATTACHED HERETO AS
EXHIBIT "A"; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, City Commission at the recommendation of staff, has
it to be in the best interests of the citizens and
of the City of Boynton Beach, to execute a certain
with the Palm Beach County Housing Partnership for the
of vacant City property for infill housing, which
is attached hereto as Exhibit "A".
BE ITRESOLVEDBY THE CITY,COMMISSION OF THE
· FLORIDA THAT:
Section 1. The City of Boynton Beach hereby authorizes
the Mayor and City Clerk to execute an Agreement between the City
of Boynton Beach and the Palm Beach County Housing Partnership,
which Agreement is attached hereto as Exhibit "A".
Section 2. This Resolution shall
upon passage.
PASSED AND ADOPTED this /c~ day of
take effect immediately
September, 1992.
CITY OF BOYNTON BEACH, FLORIDA
ATTEST:
~ft.~ Clerk
CommiS sion~
(CorPorate Seal
PBCHPoInEill
9/10~92 .
BETNEEN Tu'~ CITY OF BOYNTON BEAC~
AND
THE PALM BEACH COUNTY ~OUSZNG PARTNERSHIP
THIS AGREEMENT for Conveyance of Property ("Agreement")
made and entered into this day of , 1992 by and
between Tn CITY OF BOYNTON BEACH (hereinafter referred to as
"CIHY") and the PALM BEACH COUNTY HOUSING PARTNERSHIP INC.,
a non-profit corporation duly organized and existing by virtue
of the laws of the State of Florida, having its principal office
a= 3111 South Dixie Highway, Suite ~234, West Palm Beach, Florida
33405 (hereinafter referred to as "PARTNERSHIP").
In consideration of the covenants, conditions, uerms and
provisions herein contained, Ten Dollars ($10.00) in hand paid by
each party hereto =o the other party hereto and other good and
valuable considerations, the receipt and sufficiency whereof are
hereby acknowledged, the parties hereto, intending uo be legally
bound, hereby agree as follows:
1) DEFINITIONS
The following definitions are provided for the terms set
forth herein:
(a) "Builder" means the qualified builder or builders
selected by the PARTNERSHIP to construct the project.
(b) "CITY" means the City of Boynton Beach, Florida.
(c) "PARTNERSHIP" means the Palm Beach County Housing
Partnership, a non-profit, tax exempt, community developmen5
from acts or omissions occurTing subsequent to Closing shall be
the responsibility of the PARTNERSHIp who shall indemnify and
hold CITY harmless against all such claims. Should any litigation
arise out of this Agreement, the prevailing party shall be
entitled to recover from the other party all of the prevailing
party's costs, expenses and reasonable attorney's fees as fixed by
the Court having jurisdiction thereof. The terms and provisions
of this Article shall survive the closing. The PARTNERSHIP
acknowledges receipt of sufficient consideration to support this
indemnity agreement.
5) USE AND DISBURSEMENT OF TW~. PROPERTY
The Proper~y mus~ be used in any use and disbursement by the
PARTNERSHIP to provide housing affordable by iow income-persons
for at least two (2) years. PARTNERSHIP agrees tha= said use
shall be without discrimination as to race, religion, national
origin, sex or color. PARTNERSHIP shall not use or permit the
Property or any par= thereof to be used for any purpose or
purposes which are illegal or in violation of applicable statutes,
ordinances or regulations governing the use and occupancy of said
Properly.
6) CONVEYANCE FOR DEVELOPMENT
OF PROPERTY
The Property described in Exhibit "A" attached hereto and
made a par~ hereof, mus~ be developed by the PARTNERSHIP
(pursuant to applicable zoning) and conveyed in individual lots
for the construction by the Builder of six (6) single-family
homes. Said individual units shall be marketed and sold by the
PARTNERSHIP to Low Income Persons and/or families to carry out
respect to the closing on each Residence. The CITY agrees to
convey to the PARTNERSHIP such lot as shall be necessary for the
PARTNERSHIP to build a model home on the Property. Closing on
such conveyance of the model lot shall occur within ten (10) days
of written notice by PARTNERSHIP to CITY. Closing on each lot
=o be purchased by a Buyer shall occur within =eh(10) days of
written notice by PARTNERSHIP to CITY.
9 ) CONVEYANCE
At each closing, the CITY shall convey =o PARTNERSHIP or
directly to the Buyer, by statutory Warranty Deed, title to each
lot and/or single family residence thereon subject only to mat=ers
contained in the Agreement and taxes for the year of closing. The
Deed of Conveyance shall contain on its face restrictions and
reservations which would reflect the following conditions:
A. Obligate the Buyer and his
successors interest to use the land only
for construction of a single family house
to be occupied by the Buyer as his
principal residence for a period of
twenty (20) years from the date of
closing.
B. The Residence may be voluntarily
transferred by the Buyer at any time,
except that if the Buyer transfers the
Residence before the expiration of the
20-year period described in paragraph "A"
above, the Buyer shall only transfer the
title insurance commitment (s), as PARTNERSHIP in its sole
discretion deems advisable, with owners title policy premium(s) 2o
be paid solely by PARTNFA~HIP. Said title insurance commitment(s)
shai1 be issued by a qualified title insurer agreeing to issue to
PARTNERSHIP, an owner's poticy(ies) of title insurance in an
amount established by PARTNERSHIP, insuring ~tit le of
PAi~TNERSHIP to the Property, subject only to liens, encumbrances,
exceptions, or qualification permitted in this Agreement and those
which shall be discharged by the CITY before closing.
PARTNERSHIP shall have ten (10) days from the later to occur of:
(i) the date of receiving from such title insurer the last of all
of the commitment(s) and legible copies of all exceptions listed
therein or (ii) fifteen (15) days from the date hemeof, to
examine said commitments(s). If title is found defective,
PARTNERSHIP shall, within three (3) days thereafter, notify the
CITY in writing specifying the defect(s). If said defect(s) render
title unacceptable to PARTNERSHIP, the PARTNERSHIP shall notify
the CITY in writing specifying the defect(s) and may request the
CITY to cure same. The CITY shall have the option to attempt no
cure or not to cure the defect(s) and shall notify the
PARTNERSHIP of its decision in writing within ten (10) days of
receipt of the PARTNERSHIP's request to cure. The CITY, should
the CITY decide to attempt to cure, shall do so within 120 days
from the date of its written notice to do so. If the CITY is
unsuccessful in removing the defect(s), the PARTNERSHIP shall
have ten (10) days to exercise the option to either (i) accept the
title as it then is, or (ii) demand that the PARTNERSHIP and the
Sunday of legal holiday shall extend to 5:00 P.M. of the next full
business day.
18) ATTORNEY'S FEES AND COSTS
In connection with any litigation, including appellate
and post judgment proceedings arising out of this Agreement, the
Prevailing par=y shall be entitled no recover reasonable
attorney's fees and costs. Notwithstanding the preceding sentence,
however, the PARTNERSHIP shall no=, by reason of thisprovision
regarding recovery of attorneys fees.and costs, be obligated to
pay any costs or attorneys fees of the City, any Buyer or any
Buyer's successors in interest relating to a challenge of the
validity or enforceability of the City's reversionary interest in
any Residence described in section 9 hereof.
19) PERSONS BOUND AND MISCELLANEOUS
This Agreement shall bind and inure to the benefit of
the parties hereto and their respective successors, assigns and
interests. Whenever the context permits, singular shall include
plural and one gender shall include any other.
20) BROKERS
The parties hereto represent, each to the other, that
they have not dealt and will not be dealing through any real
estate person or broker in connection with this transaction for
which any commission or compensation must be paid. The terms and
provisions of this paragraph shall survive closing.
21) REMEDIES
Ail remedies provided in this Agreement are deemed
cumulative and no one is exclusive of the other or exclusive of
9
CITY OF BOYNTON BEACH
Executed by CITY on the
, 1992.
day of
CHAIR
Witness as to CITY:
11
The City of
Boynton Bea - OFFICE OF THE CITY ATTORNEY
(407) 738 -7405
0 ov Nt 100 E. Boynton Beach Boulevard
4 , P.O- Bat 310
0 01 12 ■ Boynton Beach, Florida 33425.0310
' , r , City Hall. (407) 734.8111
J - FAX: 1407)738-7459 October 9, 1992
John Corbett, Esq.
Palm Beach County Housing Partnership, Inc.
3111 S. Dixie Highway, Suite 234
West Palm Beach, FL 33405
Re: City of Boynton Beach /Palm Beach County
Housing Partnership Agreement
Dear Mr. Corbett:
Enclosed is the original Agreement, duly executed on behalf of
the City of Boynton Beach by Mayor Weiner. After execution by the
"Partnership ", please forward a completely executed copy to my
attention at your earliest convenience.
I appreciate your assistance.
Very truly yours,
2,
James A. Cherof
City Attorney
JAC /ral
Enc.
cc: Wilfred Hawkins, Assistant to
the City Manager
Central Files
America's Gateway to the cu({;tream
SENT oy: 7 —?4 .' 1 2 . :lntp q" fax- ' 4;" gj� 12054 2
t_
f O F D NTIAUT A a MEMENT
THIS CONFIDENTIALITY AGREEMENT-is made this 7th day of June
1994, by and between the CITY Of BOYNTON BEACH, FLORIDA, a municipal
••rporation and ns PAr tu=sk { _ ,
• rospective Purchaser. '
WHEREAS, the Prospectiv4 Purchaser's will be conducting an evaluation of the
arious properties, and are desirous of receiving or obtaining access to certain
ocuments, reports and other confidential or proprietary information in CITY's
ossession or control pertaining tc the properties ( "confidential materials "); and
WHEREAS, the term "confi ential materials" does not include information
vailable in public records, or information that must be released pursuant to applicable
aw or a valid, final judicial or admbnistrativs order,
NOW, therefore and in conideration of the privileges granted to Prospective
urchaser with respect to conducting Inspections and receiving and/or viewing the
onfidential Materials, all In accofdance with the provisions hereof, the mutual
greements set forth herein, and Other good and valuable consideration, the receipt
and sufficiency of which are hereby acknowledged, the parties hereto agree as follows:
1. laiEQF CONFID4ITIAL jkl,ATEBIALL,
The Confidential Materiels will be used by Prospective Purchaser only In
accordance with the following prcedures:
1
SENT SY: , - . , a. ,AC! . �r.V "tn ':?Cl *1x-+ " /'. gin' '4.',":0;
I V
I -
a. Prospective Purchaser will keep the Confidential Materials
•nfidential and will use the Confidential Materials solely for the purposes of (i)
- aluating the suitability of a Pool for purchase, and/or (ii) interesting prospective
• urchasers in the purchase of Pro9erties, and for no other purposes.
b. Neither Pros ive Purchaser nor its directors, officers, partners,
- mployees, agents, advisors, atto eys, accountants, consultants, bankers, financial
dvisors, clients, representatives o others received all of any portion of the
• onfidential Materials from CITY a a permitted to make any reproduction of
I onfidential Materials (other than handwritten summaries or notesor self -generated
• - mputer records), except for the 4xpress purposes of evaluating the Properties for
• urchase or interesting prospectiv4 purchasers in the Properties.
c. Prospective Purchaser may disclose the Confidential Materials
nfy to its representatives (including those of its affiliates) and only on a "need to know"
• sic. Prior to receipt of or access! to any Confidential Materials, Prospective
urchaser will require its represen tives who are to receive or have access to the
onfidential Materials to agree to e bound by the terms of this Agreement.
• rospective Purchaser agrees tha4 it is Prospective Purchaser's responsibility to ensure
at all Representatives understand and abide by the terms of this Agreement.
2. LIMITATIONS OF PECTIONS.
Prospective Purchaser (1) ill comply with all rules and restrictions as the CITY
ay impose, and (II) will not have the right to perform any tests or studies that, in the
• pinion of the CITY, disturb any Property or interfere with possession of any Property
2
SENT ?v: • � - '! - y,:. , , :y. u:•, -?X. ' 4;7 g�� Y ':�;# 4,
1
any tenant, including (a) remov4l of any building material samples or (b)
rformance of any soil boring test.
3. INDEMNIFICATION,
Prospective Purchaser will cefend, indemnify and hold harmless CITY, Its
-.•ants, employees, officers and as igns, from and against any and all claims,
• - mends, causes of action, losses,' damages, liabilities, judgments, costs (including
«• urt costs) and expenses (inciudi g attorneys' fees, whether suit is instituted or not)
aims asserted against or incurre by CITY as a result of any breach of this Agreement
• ► Prospective Purchaser or its re • resentatives.
4. : _c: „ .a
This Agreement represents he entire agreement between the parties hereto
r = lating to: (i) the use of any Confidential Materials Prospective Purchaser may have
• btained or had access to, whethe prior to or after the execution of this Agreement;
nd (ii) the inspections to be cond cted by Prospective Purchaser.
5. ASSIGNMENTS.
Prospective Purchaser will not assign the benefits or the burdens hereof, in
ole or in part, by operation of lalv or otherwise. Any change in control of Prospective
• urchaser constitutes an assignm4nt for purposes of this Section.
6. QOMERNING LAW,
This Agreement will be gov med by and construed and interpreted in
ccordance with the Laws of the State of florldg, with venue in Palm Beach County,
loride.
3
SENT Rv: '°'yam . ,, :' A M , :. “.y "r'" ".: "?.x- - .C,. 7:::4 :-.,
I
IN WITNESS WHEREOF, he parties hereto have signed and delivered this
• reement a their own free act and deed.
ayoF BOYNT BEACH, FLORIDA
-� Lu c ef_
dward Harmening, Mayor Witness .
1
ne Kruse, City Clerk Witness
, Corporate Seal)
- rospe ' r. aser:
-- )--'7 Srr--------
ant Witness
4 ' 1 .;- -,, --K-ii-rZ / r - 4',/..) , ,
Witness
(Corporate Seal)
The forgoing 1994, by John Corbett who is personally
known t me.
, (-e.. M W wnll
Notary Name OFFICIAL NOTARY SEAL
DIANE MARIE ROMANO
NOTARY PUBLIC STATE OF FLORIDA
COMMISSION NO. CC220293
MY COMMISSION EXP. AUG. 6,1996
My commission expires:
Conf.Agr
WH/ral
5/10/94
4
' a e
MEMORANDUM NO. 92-216 gr /ge,/ikel7
k
October 20, 1992 /
TO: Sue Kruse, City Clerk
FROM: James A. Cherof, City Attorney )-
RE: Agreement for Conveyance of Property - City of Boynton
Beach /Palm Beach County Housing Partnership
Attached is the original executed Agreement for Conveyance of
Property between the City of Boynton Beach and the Palm Beach
County Housing Partnership.
JAC /ral
Enc.
cc: Wilfred Hawkins, Assistant to
the City Manager
AGREEMENT FOR CONVEYANCE OF PROPERTY
BETWEEN THE CITY OF BOYNTON BEACH
AND
THE PALM BEACH COUNTY HOUSING PARTNERSHIP
THIS AGREEMENT for Conveyance of Property ( "Agreement ")
made and entered into this k',) day of , 1992 by and
between THE CITY OF BOYNTON BEACH (hereinafter referred to as
"CITY ") and the PALM BEACH COUNTY HOUSING PARTNERSHIP INC.,
a non - profit corporation duly organized and existing by virtue
of the laws of the State of Florida, having its principal office
at 3111 South Dixie Highway, Suite #234, West Palm Beach, Florida
33405 (hereinafter referred to as "PARTNERSHIP ").
In consideration of the covenants, conditions, terms and
provisions herein contained, Ten Dollars ($10.00) in hand paid by
each party hereto to the other party hereto and other good and
valuable considerations, the receipt and sufficiency whereof are
hereby acknowledged, the parties hereto, intending to be legally
bound, hereby agree as follows:
1) DEFINITIONS
The following definitions are provided for the terms set
forth herein:
(a) "Builder" means the qualified builder or builders
selected by the PARTNERSHIP to construct the project.
(b) "CITY" means the City of Boynton Beach, Florida.
(c) "PARTNERSHIP" means the Palm Beach County Housing
Partnership, a non - profit, tax exempt, community development
1
corporation organized pursuant to the laws of the State of
Florida.
(d) "Project" means the intended use of the Property by the
PARTNERSHIP, which is the construction by Builder of six (6)
single- family homes, with individual units to be marketed,
constructed for and sold to qualified families.
(e) "Property" means the six lots of City owned land
conveyed by this Agreement to the PARTNERSHIP, the legal
description of which is contained on Exhibit "A" which is attached
hereto and made a part hereof.
(f) "Low Income Persons" means those persons whose annual
household income does not exceed eighty (80) percent of the
County's median income as determined by the U.S. Department of
Housing and Urban Development.
2) CONVEYANCE OF PROPERTY
The CITY shall convey to the PARTNERSHIP the Property
described herein in the attached Exhibit "A" and incorporated
herein by reference, upon the terms and conditions herein set
forth.
3) CONDITIONS OF PROPERTY
The Property is conveyed in its present condition and
PARTNERSHIP agrees to accept the Property "as is ", subject to all
matters, easements, encumbrances and other liens of record,
inspection and survey of the Property.
4) INDEMNIFICATION
Liability arising from acts or omissions occurring prior to
Closing shall be the responsibility of CITY. Liability arising
2
from acts or omissions occurring subsequent to Closing shall be
the responsibility of the PARTNERSHIP who shall indemnify and
hold CITY harmless against all such claims. Should any litigation
arise out of this Agreement, the prevailing party shall be
entitled to recover from the other party all of the prevailing
party's costs, expenses and reasonable attorney's fees as fixed by
the Court having jurisdiction thereof. The terms and provisions
of this Article shall survive the closing. The PARTNERSHIP
acknowledges receipt of sufficient consideration to support this
indemnity agreement.
5) USE AND DISBURSEMENT OF THE PROPERTY
The Property must be used in any use and disbursement by the
PARTNERSHIP to provide housing affordable by low income persons
for at least two (2) years. PARTNERSHIP agrees that said use
shall be without discrimination as to race, religion, national
origin, sex or color. PARTNERSHIP shall not use or permit the
Property or any part thereof to be used for any purpose or
purposes which are illegal or in violation of applicable statutes,
ordinances or regulations governing the use and occupancy of said
Properly.
6) CONVEYANCE FOR DEVELOPMENT OF PROPERTY
The Property described in Exhibit "A" attached hereto and
made a part hereof, must be developed by the PARTNERSHIP
(pursuant to applicable zoning) and conveyed in individual lots
for the construction by the Builder of six (6) single- family
homes. Said individual units shall be marketed and sold by the
PARTNERSHIP to Low Income Persons and /or families to carry out
3
the purpose of the PARTNERSHIP to develop affordable housing.
Such residential units shall contain no less than One Thousand
(1,000) livable square feet, heated and cooled. PARTNERSHIP
agrees and covenants to secure the construction and permanent
financing for the development, to contract for and supervise the
construction of the five homes, to market the homes to Low Income
Persons within eighteen (18) months.
Low income persons who are residents of Boynton Beach at
least six (6) months prior to the date of their application to
purchase the units, shall be given preference in the selection
process, to the extent permitted by law.
7) COVENANTS OF CITY
(a) The CITY will be responsible for securing a waiver
or payment of all impact fees imposed by the CITY for the
development of six single- family homes on the Property. The CITY
will have no responsibility with respect to other impact fees
imposed by any other governmental or regulatory entity.
(b) The CITY agrees to use its best efforts to assist
the PARTNERSHIP to secure the requisite permits and approval from
the CITY agencies and departments in a timely manner.
8) CLOSING
The closing on each lot shall occur at the time, except as
hereinafter provided for the model, that the PARTNERSHIP provides
a qualified buyer who has obtained a mortgage commitment for the
construction of the single - family residence (each such qualified
buyer being hereinafter referred to as a "Buyer "). The CITY
shall, if requested by the PARTNERSHIP, deed title to each lot
4
and /or single family residence thereon (with such lot and single
family residence being hereinafter referred to as a "Residence ")
directly to the PARTNERSHIP's purchaser at the time that the
Buyer is simultaneously closing on the mortgage. The PARTNERSHIP
agrees to give the CITY fifteen days prior written notice with
respect to the closing on each Residence. The CITY agrees to
convey to the PARTNERSHIP such lot as shall be necessary for the
PARTNERSHIP to build a model home on the Property. Closing on
such conveyance of the model lot shall occur within ten (10) days
of written notice by PARTNERSHIP to CITY. Closing on each lot
to be purchased by a Buyer shall occur within ten(10) days of
written notice by PARTNERSHIP to CITY.
9) CONVEYANCE
At each closing, the CITY shall convey to PARTNERSHIP or
directly to the Buyer, by statutory Warranty Deed, title to each
lot and /or single family residence thereon subject only to matters
contained in the Agreement and taxes for the year of closing. The
Deed of Conveyance shall contain on its face restrictions and
reservations which would reflect the following conditions:
A. Obligate the Buyer and his
successors interest to use the land only
for construction of a single family house
to be occupied by the Buyer as his
principal residence for a period of
twenty (20) years from the date of
closing.
5
B. The Residence may be voluntarily
transferred by the Buyer at any time,
except that if the Buyer transfers the
Residence before the expiration of the
20 -year period described in paragraph "A"
above, the Buyer shall only transfer the
Residence to Low Income Persons who agree
to the same restrictions of use of the
Residence for a period which, when added
to the period of ownership by the Buyer,
equals a total of twenty (20) years.
C. Title to any Residence shall
automatically revert to the City upon
failure of the Buyer or his or her
transferee to observe the restrictions
specified in paragraphs A and B above.
10) OTHER AGREEMENTS
The CITY shall have the right to review and disapprove
all construction plans, documents and blue prints and suggest
changes to ensure consistency with applicable building codes.
No prior or present agreements or representations shall
be binding upon any of the parties hereto unless incorporated in
this Agreement. No modification or change in the Agreement shall
be valid or binding upon the parties unless in writing executed by
the parties to be bound thereby.
6
11) TAXES AND ASSESSMENTS
The PARTNERSHIP agrees to promptly pay, as they become
due, all assessments and taxes of any nature which may be levied
as a result of the PARTNERSHIP's occupancy, use or interest in
the premises after the closing.
12) TITLE EVIDENCE
Within forty -five (45) days from the date of this
Agreement, PARTNERSHIP may obtain at its expense one (1) or more
title insurance commitment(s), as PARTNERSHIP in its sole
discretion deems advisable, with owners title policy premium(s) to
be paid solely by PARTNERSHIP. Said title insurance commitment(s)
shall be issued by a qualified title insurer agreeing to issue to
PARTNERSHIP, an owner's policy(ies) of title insurance in an
amount established by PARTNERSHIP, insuring title of
PARTNERSHIP to the Property, subject only to liens, encumbrances,
exceptions, or qualification permitted in this Agreement and those
which shall be discharged by the CITY before closing.
PARTNERSHIP shall have ten (10) days from the later to occur of:
(i) the date of receiving from such title insurer the last of all
of the commitment(s) and legible copies of all exceptions listed
therein or (ii) fifteen (15) days from the date hereof, to
examine said commitments(s). If title is found defective,
PARTNERSHIP shall, within three (3) days thereafter, notify the
CITY in writing specifying the defect(s). If said defect(s) render
title unacceptable to PARTNERSHIP, the PARTNERSHIP shall notify
the CITY in writing specifying the defect(s) and may request the
CITY to cure same. The CITY shall have the option to attempt to
7
cure or not to cure the defect(s) and shall notify the
PARTNERSHIP of its decision in writing within ten (10) days of
receipt of the PARTNERSHIP's request to cure. The CITY, should
the CITY decide to attempt to cure, shall do so within 120 days
from the date of its written notice to do so. If the CITY is
unsuccessful in removing the defect(s), the PARTNERSHIP shall
have ten (10) days to exercise the option to either (i) accept the
title as it then is, or (ii) demand that the PARTNERSHIP and the
CITY be released as to one another, of all further obligations
under this Agreement.
13) EXPENSES
State documentary stamps, if any, which are required to
be affixed to the instruments of conveyance and the cost of
recording any corrective instruments are to be paid by the
PARTNERSHIP. The cost of recording the deed shall be paid by the
PARTNERSHIP.
14) ASSIGNABILITY
PARTNERSHIP may not assign the Agreement without the
written consent of the CITY.
15) SURVEY
PARTNERSHIP, within the time allowed for obtaining
title commitment(s) and examination thereof, may have the Property
surveyed at its expense. If the survey, certified by a registered
Florida Surveyor, shows any encroachment of said Property or that
improvements intended to be located on the Property in fact
encroach on the lands or others, or violate any of the covenants
of this Agreement, the same shall be treated as a title defect.
8
16) PLACE OF CLOSING
Closing shall be held in offices of the CITY or any other
place agreed to by the parties hereto.
17) TIME
Time is of the essence of this Agreement. Any reference
herein to the time periods of less than six (6) days shall in the
computation thereof exclude Saturdays, Sundays and legal holidays
and any time period provided herein which shall end on a Saturday,
Sunday of legal holiday shall extend to 5:00 P.M. of the next full
business day.
18) ATTORNEY'S FEES AND COSTS
In connection with any litigation, including appellate
and post judgment proceedings arising out of this Agreement, the
Prevailing party shall be entitled to recover reasonable
attorney's fees and costs. Notwithstanding the preceding sentence,
however, the PARTNERSHIP shall not, by reason of this provision
regarding recovery of attorneys fees and costs, be obligated to
pay any costs or attorneys fees of the City, any Buyer or any
Buyer's successors in interest relating to a challenge of the
validity or enforceability of the City's reversionary interest in
any Residence described in section 9 hereof.
19) PERSONS BOUND AND MISCELLANEOUS
This Agreement shall bind and inure to the benefit of
the parties hereto and their respective successors, assigns and
interests. Whenever the context permits, singular shall include
plural and one gender shall include any other.
9
20) BROKERS
The parties hereto represent, each to the other, that
they have not dealt and will not be dealing through any real
estate person or broker in connection with this transaction for
which any commission or compensation must be paid. The terms and
provisions of this paragraph shall survive closing.
21) REMEDIES
All remedies provided in this Agreement are deemed
cumulative and no one is exclusive of the other or exclusive of
any other remedy conferred by law. The failure of either party to
exercise any remedy provided in this Agreement shall not
constitute a waiver of the right to exercise it in the future.
22) NOTICE
All notices provided in this Agreement shall be in
writing either hand delivered or mailed to the party to be
notifies at the following respective addresses which may be
changed be written notice only:
City Manager
City of Boynton Beach
Post Office Box 310
Boynton Beach, Fl. 33423 -0310
The Palm Beach County Housing Partnership
3111 South Dixie Highway, Suite #234
West Palm Beach, Fl. 33405
Notice given by or to the attorney for either party shall be
effective as if by or to said party.
10
23) CAPTIONS
All paragraph captions and headings are for convenience
only and shall not be deemed to define, construe, limit, or
otherwise effect any of the terms and provisions thereof.
PALM BEACH COUNTY HOUSING PARTNERSHIP, INC.
Executed by PARTNERSHIP on the pj day of
•
j
bc.c-- Preside O
_
Witness as to PARTNERSHIP`:
CITY OF BOYNTON BEACH
Executed by CITY on the 9th day of
October , 1992.
fith,t—e _
ARLINE WEINER, MAYOR
Witness as to CITY:
TO FORM(
CITY ATTORNEY / {
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ATTACHMENT A
CONVEYANCE OF CITY
PROPERTY TO HOUSING PARTNERSHIP
LEGAL DESCRIPTIONS
A. Lot #7, Block #45, Rolling Green Ridge, 2nd Addition,
recorded in Plat Book #26, page #214
PNC 08- 43- 45- 21 -34- 045 -0070 NW 4 St.
B. Lot #8, Block #45, Rolling Green Ridge, 2nd Addition,
recorded in Plat Book #26, page #214
PCN 08- 43- 45- 21 -34- 045 -0080 NW 4 St.
C. Lot #34, Block #42, Rolling Green Ridge, 2nd Addition,
recorded in Plat Book #42, page #214
PCN 08- 43- 45- 21 -34- 042 -0340 NW 4 St.
D. Lot #70, Block #007, Happy Home Heights, recorded in Plat
Book #11, page #30
PCN 08- 43- 45 -21 -20 -007, NE 12 Ave.
E. Lot #90, Block #007, Happy Home Heights, recorded in Plat
Book #11, page #30
PCN 08- 43- 45- 21 -20- 007 -0090 NE 12 Ave.
F. Lot #17, Block #002, Happy Home Heights, recorded in Plat
Book #11, page #30
PCN 08- 43- 45- 21 -20- 002 -0170 NE 12 Ave.
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