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
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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
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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
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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
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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 < 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< 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
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Executive Summary
I PROPERTY PHOTOGRAPHS
PBCHA ORDERED
AUCTION
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