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R21-113 1 RESOLUTION NO. R21-113 2 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, 3 APPROVING AND AUTHORIZING THE MAYOR TO SIGN AN 4 INTERLOCAL AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH 5 AND THE BOYNTON BEACH COMMUNITY REDEVELOPMENT 6 AGENCY FOR USE OF ARPA FUNDS (UP TO $500,000) FOR 7 PARTICIPATION IN A PUBLIC AUCTION OF 35 CHERRY HILL LOTS 8 OWNED BY THE PALM BEACH COUNTY HOUSING AUTHORITY;AND 9 PROVIDING AN EFFECTIVE DATE. 10 11 WHEREAS, on September 8, 2021 the Boynton Beach CRA approved the Interlocal 12 Agreement between the City of Boynton Beach and the CRA to provide funding to the CRA to 13 assist in the acquisition of certain lots located in the Cherry Hill neighborhood which are 14 currently owned by the Palm Beach County Housing Authority; and 15 WHEREAS, the purpose of this Interlocal Agreement is to establish an agreement 16 between the Parties in order for Boynton Beach to provide funding to the CRA; and 17 WHEREAS, the City Commission of the City of Boynton Beach, Florida, upon the 18 recommendation of staff, deems it to be in the best interests of the City residents to approve 19 and authorize the Mayor to sign an Interlocal Agreement with the Boynton Beach Community 20 Redevelopment Agency to provide funding for use of ARPA funds (up to $500,000) for 21 participation in a public auction of 35 Cherry Hill lots owned by the Palm Beach County Housing 22 Authority. 23 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF 24 BOYNTON BEACH, FLORIDA, THAT: S:\CA\RESO\Agreements\ILA With CRA For Funding For Cherry Hill Properties-Reso.Docx 25 Section 1. Each Whereas clause set forth above is true and correct and 26 incorporated herein by this reference. 27 Section 2. The City Commission of the City of Boynton Beach, Florida does hereby 28 approve and authorize the Mayor to sign the Interlocal Agreement between the City of Boynton 29 Beach and the Boynton Beach Community Redevelopment Agency for use of ARPA funds (up 30 to$500,000)for participation in a public auction of 35 Cherry Hill lots owned by the Palm Beach 31 County Housing Authority, a copy of said Interlocal Agreement is attached hereto as Exhibit 32 "A". 33 Section 3. That this Resolution shall become effective immediately upon passage. 34 PASSED AND ADOPTED this 8th day of September, 2021. 35 CITY OF BOYNTON BEACH, FLORIDA 36 YES NO 37 38 Mayor—Steven B. Grant 39 40 Vice Mayor—Woodrow L. Hay ✓ 41 42 Commissioner—Justin Katz ✓ 43 44 Commissioner— Christina L. Romelus 45 46 Commissioner—Ty Penserga 47 48 VOTE S--O 49 ATTEST: 50 51 1 52 • 53 C stal Gibson, MMC 54 City Clerk 55 56 (Corporate Seal) S:\CA\RESO\Agreements\ILA With CRA For Funding For Cherry Hill Properties-Reso.Docx R21-113 INTERLOCAL AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY (Public Auction of Palm Beach County Housing Authority Cherry Hill Lots) THIS AGREEMENT ("Agreement" or "Interlocal Agreement"), is made and entered into c.c_,' V-13-`" , 2021, by and between the City of Boynton Beach, a Florida municipal corporation (hereinafter "Boynton Beach"), and the Boynton Beach Community Redevelopment Agency, a public agency duly created and operated pursuant to Chapter 163, Florida Statutes (hereinafter "CRA") collectively referred to as the "Parties" or individually referred to as a "Party". WITNESSETH: WHEREAS, the Parties are authorized pursuant to the Florida Interlocal Cooperation Act of 1969 as set forth in Section 163.01, et seq., Florida Statutes (hereinafter the "Act") to make efficient use of their respective powers, resources, authority and capabilities by enabling them to cooperate on the basis of mutual advantage and thereby provide the facilities and efforts identified herein in the manner that will best utilize existing resources, powers and authority available to each of them; and WHEREAS, it is the purpose of the Act to provide a means by which the Parties may exercise their respective powers, privileges and authority which they may separately, but which pursuant to this Interlocal Agreement and the Act they may exercise collectively; and WHEREAS, the Parties agree to enter this Interlocal Agreement for Boynton Beach to provide funding to the CRA to acquire certain lots via public auction located in the Cherry Hill neighborhood and currently owned by the Palm Beach County Housing Authority; and NOW, THEREFORE, the Parties express their mutual understandings and commitments as follows: Section 1. STATEMENT OF PURPOSE The purpose of this Interlocal Agreement is to establish an agreement between the Parties in order for Boynton Beach to provide funding to the CRA to assist in the acquisition of certain lots located in the Cherry Hill neighborhood, and currently owned by the Palm Beach County Housing Authority ("PBCHA Lots"), as set forth in Exhibit "A", attached hereto and incorporated herein. Section 2. OBLIGATIONS OF THE PARTIES (004641692 306-900I82I} 2.1 Boynton Beach shall provide American Rescue Plan Act funds in an amount not to exceed $500,000.00 ("City Funds") to the CRA to assist in acquisition of the PBCHA Lots being auctioned. The City Funds shall be wire transferred to the CRA's account no later than September 13, 2021, to be coordinated by the CRA's and Boynton Beach's Finance Departments. 2.2 The CRA is authorized and shall utilize the City Funds solely for the purpose of bidding on the PBCHA Lots at the September 14- 15, 2021 auction. 2.3 The CRA shall utilize the City Funds only after exhausting the CRA's $500,000.00 in budgeted funds for the purpose of bidding on the PBCHA Lots. 2.4 PBCHA Lots acquired in the auction by the CRA, shall be owned by the CRA, and shall be deed restricted and built as affordable housing in compliance with the applicable federal guidelines. 2.5 If any of the City Funds remain unused after the September 14-15, 2021 auction, the CRA shall return the remaining funds to Boynton Beach via wire transfer. Section 3. PUBLIC RECORDS The Parties are public agencies subject to Chapter 119, Fla. Stat. The Parties shall comply with all public records laws in accordance with Chapter 119, Fla. Stat. In accordance with state law, the Parties agrees to: 3.1 Keep and maintain all records that ordinarily and necessarily would be required by the Parties. 3.2 Provide the public with access to public records on the same terms and conditions that the Parties would provide for the records and at a cost that does not exceed the costs provided in Chapter 119, Fla. Stat. or as otherwise provided by law. 3.3 Ensure that public records that are exempt or confidential and exempt from public records disclosure are not disclosed except as authorized by law. 3.4 Meet all requirements for retaining public records and transfer, at no cost, to the Parties all records in possession of the Parties at the termination of this Agreement and destroy any public (00464169.2 306-9001821) records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the Parties in a format that is compatible with the information technology systems of the Parties. All records shall be transferred to the Parties prior to final payment being made to the Parties. 3.5 If either Party does not comply with this section, the non- breaching Party shall enforce the Agreement provisions in accordance with this Agreement and may unilaterally cancel this Agreement in accordance with state law. Section 4. REMEDIES Both Parties shall have any and all remedies as permitted by law. The Parties agree, however, to provide for positive dialogue and communications if disputes or disagreements arise as to the application or interpretation of the Interlocal Agreement provisions. Section 5. EFFECTIVE DATE, DURATION AND TERMINATION 5.1 This Interlocal Agreement shall become effective upon being executed by both Parties and shall automatically terminate upon completion of the action items set forth in Section 2 above. Section 6. GOVERNING LAW/VENUE /WAIVER OF JURY TRIAL This Agreement shall be governed by the laws of the State of Florida. Any legal action to enforce the Agreement will be filed in Palm Beach County. In any litigation brought to enforce the terms of this Interlocal Agreement, the Parties shall bear their own costs and attorney's fees incurred in connection therewith. BY ENTERING INTO THIS AGREEMENT, THE PARTIES EXPRESSLY WAIVE ANY RIGHT THE PARTIES MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL LITIGATION OR ANY CLAIM RELATED TO THIS AGREEMENT. Section 7. LIABILITY AND INDEMNITY 7.1. Each Party shall be liable for its own actions and negligence and, to the extent permitted by law, the Parties and their respective officers and employees shall not be deemed to assume any liability for the acts, omissions and negligence of the other. Nothing herein shall constitute, or be construed as, a waiver of sovereign immunity beyond the limits set forth in Florida Statute, Section 768.28, or of any defense available to the Parties as set forth in Florida Statutes, Section 768.28 or any other provisions of Florida law. 1004641692306-9001821) 7.2 This section shall survive the termination or expiration of this Agreement. Section 8. AMENDMENT OF THIS AGREEMENT Amendments to this Interlocal Agreement shall be made by written consent of both Parties. Section 9. SEVERABILITY The invalidity, illegality, or unenforceability of any provision of this Interlocal Agreement, or the occurrence of any event rendering any portion or provision of this Agreement void or voidable, shall in no way affect the validity or enforceability of any other portion or provision of the Interlocal Agreement. Any void or voidable provision shall be deemed severed from the Interlocal Agreement and the balance of the Interlocal Agreement shall be construed and enforced as if the Interlocal Agreement did not contain the particular portion or provision held to be void. The Parties further agree to reform the Interlocal Agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. The provisions of this section shall not prevent the entire Interlocal Agreement from being held void should a provision which is of the essence of the Interlocal Agreement be determined to be void by a court of competent jurisdiction. Section 10. NOTICES 10.1 Any notice given pursuant to the terms of this Agreement shall be in writing and done by Email or Certified Mail, Return Receipt Requested. The effective date of such notice shall be the date of receipt, as evidenced by the Email or Return Receipt. All notices shall be addressed to the following: As to Boynton Beach: Attn: City Manager City of Boynton Beach 100 East Ocean Avenue Boynton Beach, FL 33425 As to CRA: Attn: Interim Executive Director Boynton Beach CRA 100 East Ocean Avenue 4th Floor Boynton Beach, FL 33435 10.2 Notices shall be effective when delivered to the address specified above. Changes in the respective addresses to which such notice may be directed may be made from time to time by any Party by written notice to the other Party. Facsimile and email are )00464169.2306-9001821) acceptable notice effective when received, however, facsimiles and emails received (i.e. printed) after 5:00 p.m. or on weekends or holidays, will be deemed received on the next business day. The original of the notice must additionally be mailed as required herein. Section 11: FILING A copy of this Agreement shall be filed with the Clerk of the Circuit Court in and for Palm Beach County. Section 12: FORCE MAJEURE Any Party delayed by a Force Majeure Event, as defined herein, in performing under this Interlocal Agreement shall use reasonable efforts to remedy the cause or causes of such Force Majeure Event. A delay due to a Force Majeure Event shall serve to toll the time to perform under this Agreement. "Force Majeure Event" shall mean any act of God, fire, flood, earthquake, explosion, hurricane, riot, sabotage, terrorist attack, windstorm, failure of utility service, or labor dispute. Section 13: CONSTRUCTION No Party shall be considered the author of this Interlocal Agreement since the Parties hereto have participated in negotiations and drafting and redrafting of this document to arrive at a final agreement. Thus, the terms of this Agreement shall not be strictly construed against one Party as opposed to the other Party based upon who drafted it. In the event that any section, paragraph, sentence, clause, or provision hereof is held by a court of competent jurisdiction to be invalid, such shall not affect the remaining portions of this Agreement and the same shall remain in full force and effect. Section 14: NO THIRD PARTY BENEFICIARY No provision of this Interlocal Agreement is intended to, or shall be construed to, create any third party beneficiary or to provide any rights to any person or entity not a party to this Agreement, including but not limited to any citizen or employees of any Party. Section 15: NON-DISCRIMINATION The Parties shall not discriminate on the basis of race, color, sex, religion, national origin, disability, age, marital status, political affiliation, sexual orientation, or gender identity and expression in the performance of this Agreement. Section 16: ASSIGNMENT (00464169.2 306-9001821) The Parties may not assign this Agreement in whole or in part, without prior written consent of the other, which may be granted or withheld at the such Parties' absolute discretion. Section 17: COUNTERPARTS This Agreement may be executed in counterparts, each of which shall be deemed to be an original, but all of which, taken together, shall constitute one and the same agreement. [This Space is Intentionally Blank; Signature Page to Follow] (00464169.2 306-9001821( IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed on the date and year first written above. ATTEST: CITY OFA POYNTON BEACH BY f "Ar_ �:% �.✓,• By: > lame: Stolen B. Grant Title: Mayor APPROVED AS TO FORM AND LEGAL SUFFICI Y By: /LA y Att. -y acty141Q ATTEST; BOYNTON BEACH COMMUNITY R EE p,14MT Y By: Ago —By: - Name: Steven B. Grant Title: Chair APPROVED AS TO FORM AND LEGAL SICIENCY: By 11,14Len Mal Counsel 0144410 7 716441114n, EXHIBIT "A" Executive Summary I PROPERTY INVENTORY PBCHA Ordered AUCTION Auction Addresses Parcel Control Numbers Lot Size/SF 2020 PBC Zoning Legal Description Lot# Market Value 1 419 NW 12th Avenue 08-43-45-21-14-000-4250 2,626.66 $15,000.00 R-2 Duplex CHERRY HILLS LT 425 2 417 NW 12th Avenue 08-43-45-21-14-000-4240 2,626.66 $15,000.00 R-2 Duplex CHERRY HILLS LT 424 3 415 NW 12th Avenue 08-43-45-21-14-000-4230 2,626.66 $15,000.00 R-2 Duplex CHERRY HILLS LT 423 4 413 NW 12th Avenue 08-43-45-21-14-000-4220 2,626.66 $15,000.00 R-2 Duplex CHERRY HILLS, BOYNTON LT 422 5 411 NW 12th Avenue 08-43-45-21-14-000-4210 2,626.66 $15,000.00 R-2 Duplex CHERRY HILLS LT 421 6 409 NW 12th Avenue 08-43-45-21-14-000-4200 2,626.66 $15,000.00 R-2 Duplex CHERRY HILLS LT 420 7 407 NW 12th Avenue 08-43-45-21-14-000-4190 2,626.66 $15,000.00 R-2 Duplex CHERRY HILLS LT 419 8 405 NW 12th Avenue 08-43-45-21-14-000-4180 2,626.66 $15,000.00 R-2 Duplex CHERRY HILLS LT 418 9 403 NW 12th Avenue 08-43-45-21-14-000-4170 2,626.66 $15,000.00 R-2 Duplex CHERRY HILLS LT 417 10 NW 12th Avenue 08-43-45-21-14-000-4160 3,276.00 $15,000.00 R-2 Duplex CHERRY HILLS LT 416 11 402 NW 13th Avenue 08-43-45-21-14-000-4880 2,748.63 $15,000.00 R-2 Duplex CHERRY HILLS LT 488 (LESS PAR IN OR4361P1202) 12 404 NW 13th Avenue 08-43-45-21-14-000-4870 2,748.63 $15,000.00 R-2 Duplex CHERRY HILLS, BOYNTON LT 487 13 406 NW 13th Avenue 08-43-45-21-14-000-4860 2,748.63 $15,000.00 R-2 Duplex CHERRY HILLS LT 486 14 408 NW 13th Avenue 08-43-45-21-14-000-4850 2,748.63 $15,000.00 R-2 Duplex CHERRY HILLS LT 485 15 410 NW 13th Avenue 08-43-45-21-14-000-4840 2,748.63 $15,000.00 R-2 Duplex CHERRY HILLS LT 484 ooT''oufk, FISHER 800.331 .6620 4 r ' A AUCTION COMPANY WWW.Fisherauction.com • _ a. 4 Executive Summary I PROPERTY INVENTORY PBCHA Ordered AUCTION Auction Addresses Parcel Control Numbers Lot Size/SF 2020 PBC Zoning Legal Description Lot# Market Value 16 412 NW 13th Avenue 08-43-45-21-14-000-4830 2,748.63 $15,000.00 R-2 Duplex CHERRY HILLS LT 483 17 414 NW 13th Avenue 08-43-45-21-14-000-4820 2,748.63 $15,000.00 R-2 Duplex CHERRY HILLS LT 482 18 404 NW 12th Avenue 08-43-45-21-14-000-4140 2,548.26 $15,000.00 R-2 Duplex CHERRY HILLS LT 414 19 406 NW 12th Avenue 08-43-45-21-14-000-4130 2,548.26 $15,000.00 R-2 Duplex CHERRY HILLS LT 413 20 408 NW 12th Avenue 08-43-45-21-14-000-4120 2,548.26 $15,000.00 R-2 Duplex CHERRY HILLS LT 412 21 410 NW 12th Avenue 08-43-45-21-14-000-4100 5,158.79 $30,000.00 R-2 Duplex CHERRY HILLS LTS 410 &411 22 412 NW 12th Avenue 08-43-45-21-14-000-4080 5,083.45 $30,000.00 R-2 Duplex CHERRY HILLS LT 408 &409 23 421-423 NW 13th Ave- 08-43-45-21-14-000-5470 5,662.80 $30,000.00 R-2 Duplex CHERRY HILLS LTS 547 nue & 548 24 425 NW 13th Avenue 08-43-45-21-14-000-5490 2,949.01 $15,000.00 R-2 Duplex CHERRY HILLS LT 549 25 427 NW 13th Avenue 08-43-45-21-14-000-5500 2,949.01 $15,000.00 R-2 Duplex CHERRY HILLS LT 550 26 429 NW 13th Avenue 08-43-45-21-14-000-5510 2,949.01 $15,000.00 R-2 Duplex CHERRY HILLS LT 551 27 431 NW 13th Avenue 08-43-45-21-14-000-5520 2,949.01 $15,000.00 R-2 Duplex CHERRY HILLS LT 552 28 430 NW 13t h Avenue 08-43-45-21-14-000-4740 2,748.63 $15,000.00 R-2 Duplex CHERRY HILLS LT 474 29 432 NW 13th Avenue 08-43-45-21-14-000-4730 2,748.63 $15,000.00 R-2 Duplex CHERRY HILLS LT 473 30 434 NW 13th Avenue 08-43-45-21-14-000-4720 2,748.63 $15,000.00 R-2 Duplex CHERRY HILLS LT 472 iI s`O,HTY NObS/h 9 800.331 .6620 • \"...^ FISHER :'i . AUCTION COMPANY www.Fisherauction.com , . .ji-,` 5 Executive Summary I PROPERTY INVENTORY PBCHA Ordered AUCTION Auction Addresses Parcel Control Numbers Lot Size/SF 2020 PBC Zoning Legal Description Lot# Market Value 31 436 NW 13th Avenue 08-43-45-21-14-000-4710 2,548.26 $15,000.00 R-2 Duplex CHERRY HILLS LT 471 (LESS TRGLR PAR IN 32 502-508 NW 13th Ave- 08-43-45-21-14-000-4670 10,890 $51,000.00 R-2 Duplex CHERRY HILLS LTS 467 nue TO 469 & LT 470 (LESS TRGLR PAR IN OR4361P1202) INC 33 507-509 NW 12th Ave- 08-43-45-21-14-000-4360 10,454.40 $30,000.00 R-2 Duplex CHERRY HILLS LTS 436 nue TO 439 INC 34 515 NW 12th Avenue 08-43-45-21-14-000-4400 5,214.13 $30,000.00 R-2 Duplex CHERRY HILLS LTS 440 &441 35 517 NW 12th Avenue 08-43-45-21-14-000-4420 5,214.13 $30,000.00 R-2 Duplex CHERRY HILLS LTS 442 &443 36 530-530 1/2 NW 12th 08-43-45-21-14-000-3821 3,920.40 $30,000.00 R-2 Duplex CHERRY HILLS E 1/2 Avenue OF LT 382 &LT 383 37 532-532 1/2 NW 12th 08-43-45-21-14-000-3811 3,920.40 $30,000.00 R-2 Duplex CHERRY HILLS LT 381 Avenue &W 1/2 OF LT 382 38 534-534 1/2 NW 12th 08-43-45-21-14-000-3791 3,920.40 $30,000.00 R-2 Duplex CHERRY HILLS E 1/2 Avenue OF LT 379&LT 380 39 536-536 1/2 NW 12th 08-43-45-21-14-000-3780 3,920.40 $30,577.00 R-2 Duplex CHERRY HILLS LT 378 Avenue &W 1/2 OF LT 379 0047Y No tt s , FISHER 800.331 .6620 • 744"*A-"Pler t• AUCTION COMPANY www.Fisherauction.com �� Executive Summary I PROPERTY PHOTOGRAPHS PBCHA ORDERED AUCTION -k.,�. 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