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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 / { • 11 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. 12