R05-066
II
1
2 RESOLUTION NO. R05- Dlel..,
3
4
5 A RESOLUTION OF THE CITY COMMISSION OF
6 BOYNTON BEACH, FLORIDA, APPROVING THE
7 INTERLOCAL AGREEMENT AND A LIEN
8 ASSIGNMENT AND SUBORDINATION AGREEMENT
9 BETWEEN THE CITY OF BOYNTON BEACH AND
10 THE BOYNTON BEACH COMMUNITY
11 REDEVELOPMENT AGENCY PROVIDING FOR
12 FUNDING FOR THE DEMOLITION OF THE
13 BOYNTON TERRACE APARTMENT COMPLEX; AND
14 PROVIDING AN EFFECTIVE DATE.
15
16 I WHEREAS, the Boynton Terrace Apartment complex has been damaged due to
17 Hurricanes Francis and Jeanne and has been declared to be a nuisance and safety hazard to
18 the public and emergency personnel of the City of Boynton Beach; and
19 WHEREAS, Boynton Beach Community Redevelopment Agency will provide the
20 funding for the demolition of the Boynton Terrace Apartment complex which is located in
21 the CRA's Heart of Boynton Redevelopment area; and
22 WHEREAS, the City Commission of the City of Boynton Beach, upon
23 recommendation of staff, deems it to be in the best interests of the residents and citizens of
24 the City of Boynton Beach to approve the Interlocal Agreement and the Lien Assignment
25 and Subordination Agreement between the City of Boynton Beach and Boynton Beach
26 Community Redevelopment Agency.
27 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
28 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
29
Section 1.
Each Whereas clause set forth above IS true and correct and
30 incorporated herein by this reference.
S:\CA \RESO\Agreements\lnterlocals\ILA with CRA (Demolition of Boynton Terrace ).doc
II
Section 2.
The City Commission of the City of Boynton Beach, Florida does
2 hereby approve the Interlocal Agreement and the Lien Assignment and Subordination
3 Agreement between the City of Boynton Beach and the Boynton Beach Community
4 Redevelopment Agency, copies of said Agreements are attached hereto as Exhibit "A" and
5 Exhibit "B" respectively.
6
Section 3.
That this Resolution shall become effective immediately upon
7 passage.
8 PASSED AND ADOPTED this ~ day of~, 2005.
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26 ATTEST:
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CITY OF BOYNTON BE.ACH, FLORIDA
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CFN 20050260555
OR BK 1B505 PG OBB8
RECORDED 05/02/2005 14:49:25
Palm Beach County, Florida
Sharon R. Bock,CLERK & CO"PTROLLER
Pgs 0888 - 901; (14pgs)
11111111111111111111111
CFN 20060340937
OR BK 20452 PG 0647
RECORDED 06/08/2806 16:24:03
Pal. B~ach County, Florida
Sharon R. Bock,CLERK & CO"PTROLLER
Pgs 0647 - 660; <14pgs) ~05-0blc
INTERLOC~L AG~EMENT BET\VEFN THE CITY OF BOYNTON BEACH
(""CITY") AND THE BOYNTON BEACH COMMUNITY
REDEVELOPMENT AGENCY ("CRA")
This Interlocal Agreement (hereinafter "Agreement") is made the I q , day
of Apt'", \ ' 2005, between the CITY OF BOYNTON BEACH, a municipality
located m Palm Beach County, Florida (hereinafter "CITY") and BOYNTON BEACH
COMMUNITY REDEVELOPMENT AGENCY, a public agency created pursuant to
Charter 163, Part III, of the Florida Statutes (hereafter "CRA"), each one constituting a
public agency as defined in Part I of Chapter 163, Florida Statutes.
RECITALS
\VHEREAS, Section 163.01, Florida Statutes, known as the "Florida lnterlocal
Cooperation Act of 1969" authorizes local governments to make the most efficient use of
their powers by enabling them to cooperate with other localities on a basis of mutual
advantage and thereby to provide serv:~es and facilities that '.vould ha;l11oJnize
geographic, economic, population and other factors influencing the needs and
developments oflocal communities; and
WHEREAS, in September 2004, following Hurricanes Francis and Jeanne, the
City's building and code inspectors conducted a damage assessment of a number of
multi-family housing complexes in the CITY, including the 16 building, 39 unit complex
known as BOYNTON TERRACE (hereinafter the "Apartment Complex"); and
WHEREAS, as the result of this assessment the inspectors discovered a number
of structural and environmental problems at the Apartment Complex, many of which
predated the hurricanes; and
\VHEREAS, based on reports provided by independent engmeenng and
environmental consuitants hired by the CITY to conduct a detc:iled examination of the
structural and environmental integrity of the Apartment Complex, the City's building
officials found it necessary to declare all 16 buildings of the Apartment Complex to be
"unsafe;" and
WHEREAS, the owners of the Apartment Complex, despite requests from the
CITY to do so, have failed to express their intent or ability to rehabilitate the structures of
the Apartment Complex as required; and
WHEREAS, the Building Official of the CITY has formally notified the owners
that in the interest of public safety it is necessary to move the Apartment Complex
forward for demolition; and
WHEREAS, the CITY's Development Department has assisted in relocating all
of the residents of the Apartment Complex from the unsafe structures including through
the use of Community Development Block Grant funds to pay for moving expenses and
security deposits at suitable alternate housing sites; and
WHEREAS, the CITY has received estimates indicating that the costs of
demolition of the Apartment Complex would be approximately Three Hundred Fifty
Thousand Dollars ($350,000.00); and
WHEREAS, the Apartment Complex IS In the CRA's Heart of Boynton
Redevelopment Area; and
WHEREAS, the parcel of land upon which the Apartment Complex sits consists
of 8.48 acres that the CRA would have otherwise been interested in purchasing or
providing incentives to the owners or other developers to rebuild or redevelop pursuant to
the Heart of Boynton Redevelopment Area program; and
2
WHEREAS, the CITY does not have sufficient funds budgeted or available to
pay for the costs of demolition of the Apartment Complex (hereinafter the "Project").
NOW, THEREFORE, in consideration of the mutual covenants, promises, and
agreements herein contained, the parties agree as follows:
Section 1.
Recitals. The foregoing recitals are true and correct at the time of the
execution of this Agreement and are incorporated herein.
Section 2. Effective Date. The effective date of this Agreement is the date set forth
above which shall occur after the formal approval of this Agreement by the City
Commission of Boynton Beach and the Board of the CRA.
Section 3. Proiect to be completed bv the City. The CITY agrees that no later than
sixty (60) days after the effective date of this Agreement, it shall enter into a contract or
contracts with a reputable and duly licensed contractor or contractors for the complete
and total demolition of all structures located on the 8.48 acres of land upon which the
Apartment Complex sits. Upon entering into the contract(s) for demolition, the CITY
shall provide the CRA with copies of the executed contracts. During the course of the
Project, the CITY shall keep the CRA regularly informed as to its progress.
It is further understood and agreed that the CITY retains all responsibility for
compliance with the terms and provisions of the demolition contract(s), for permitting
and inspections of the Project as it moves forward and upon termination, and for
enforcement of the contract(s)' terms as against the contractor(s). CR.'<\"s only role in the
project is to provide funding to the CITY as set forth in Section 3 below and as otherwise
provided in this Agreement.
3
Section 4. Payment bv the CRA. Payment for the costs of the Project up to a
maximum of Three Hundred Fifty Thousand Dollars ($350,000.00) shall be made by the
CRA. Payment shall be made according to a schedule of payments set forth in the
contract(s) entered into by the CITY and upon written certification with supporting
documentation by the CITY, that the task or tasks required of the contractor(s) for the
requested progress payments have been successfully completed. In the event of any
dispute between the CITY and the ccmtractor( s) over the right of any contractor to receive
all or any payments under the contract(s), the CRA shall comply with the direction of the
CITY and shall be indemnified by the CITY as set forth in Section 6 below.
Section 5. Priority of CRA Lien. The CITY shall undertake the Project pursuant
to all statutes, ordinances, regulations and proceedings in such a manner as to authorize
the imposition of a lien on the real property of the Project for the costs of the demolition
work. Upon the completion of the work, the City shall record a lien against the property
in favor of the City (the "Demolition Lien") for all costs and expenses of the demolition
with interest at the applicable legal rate in the Public Records of Palm Beach County,
Florida. Concurrently with the recording of the Demolition Lien, the City shall assign
the City's interest in the Demolition Lien to the CRA. The City makes no warranties to
the CRA regarding the enforceability of the Demolition Lien, once assigned to the CRA.
The form of the Demolition Lien and the assignment thereof to the CRA shall be
approved by the CRA.
The CITY agrees that the Demolition Lien shall have priority over any and all
liens and encumbrances which, as of the date of the recording of the Demolition Lien,
exist in favor of the CITY. To that end the CITY agrees to the execution and recording of
4
an Assignment and Encumbrance Subordination Agreement ("Subordination
Agreement") in the form attached hereto as Exhibit A. Once the Demolition Lien and
the Subordination Agreement have been recorded in the Public Records of Palm Beach
County, the CITY shall defend any action filed challenging or contesting the legality of
the Demolition Lien, or the authority of the CITY to place the ~emolition Lien on the
Property. The CITY shall be entitled to recover its costs associated with defending the
legality of the Demolition Lien or tb~ authority of the CITY to place the Demolition Lien
on the Property from the CRA at such time as the CRA either forecloses, or receives
funds to satisfy the Demolition Lien; provided however, that before seeking
reimbursement from the CRA of any or all such costs, the City, in defending the legality
or validity of the Demolition Lien, shall have made every reasonable effort to recover its
attorneys' fees and costs, if statutorily or otherwise legally provided for, from the
opposing party in any such action. To the extent that such costs are not recovered, or are
not recovered in full, the City shall recover such costs from the CRA as provided herein.
The CRA, at its own cost and expense, shall be entitled to foreclose the Demolition Lien
at anytime following the recording and assignment of the Demolition Lien by the CITY.
Section 6. Indemnification. Without waiver of limitation as per Section
768.28(5), Florida Statutes, and to the extent permitted by law, the CITY agrees to
indemnify and hold harmless the CRA from any claims, losses, demand, cause of action
or liability of whatsoever kind or nature that the CRA, its agents or employees mayor
could incur as a result of or emanating out of the terms and conditions contained in this
Agreement and contained in the CITY's contract(s) for the Project, that result from
5
CITY's or any contractor'(s)negligence or willful conduct (or that of their respective
agents or employees) or from breach of this Agreement or the demolition contract(s)
Section 7. City's Project Related A2reements.
The CITY further agrees;
a. To maintain books, records, documents, and other evidence which
sufficiently and properly reflect all costs of any nature incurred in the
performance of this Agreement:
b. That all records shall be subject to the Public Records Law, Chapter 119,
Florida Statutes;
c. That the CRA shall be promptly reimbursed for any funds which are
misused or misspent;
d. To complete the project and submit a final project report to the CRA by
the Agreement expiration date noted in Section 9 below. The final report
shall include a final payment request, along with the substantiating
documentation.
Access and Audits. The CITY shall maintain adequate records to justify
Section 8.
all charges, expenses and costs incurred in accordance with generally accepted
accounting principles. The CRA shall have access to all books, records, and documents as
required in this section for the purpose of inspection or audit during normal business
hours during the term of this Agreement and for at least three (3) years after completion
of the Project.
Section 9. Effective Term/Termination. The term of this Agreement shall be
effective on the date set forth above and shall continue in full force and effect until
6
September 30, 2005, unless otherwise terminated as provided herein. This Agreement
may be terminated by either party upon thirty (30) days written notice by the terminating
party to the other party, provided that the CRA will not arbitrarily or unreasonably deny
funding to the CITY under the terms and conditions set forth herein.
Section 10. Notices. Any and all notices required or permitted to be delivered
pursuant to the terms of this Agreement shall be effective upon receipt, but in any event
no later than three (3) days after p0sting by U.S. Mail, certifitd or registered, postage
prepaid or one (1) day after delivery to an expedited courier service such as Federal
Express to the addresses listed below. Any of the parties described herein may change
their address by giving notice to all other parties set forth in this subsection.
If to the CITY:
With a copy to:
If to the CRA:
With a copy to:
City of Boynton Beach
100 East Boynton Beach Boulevard
Boynton Beach, Florida 33425
Attention: Kurt Bressner, City Manager
James Cherof, Esq., City Attorney
3099 East Commercial Boulevard
Suite 200
Fort Lauderdale, Florida 33308
Boynton Beach Community Redevelopment Agency
639 E. Ocean A ".eaue, Suite 1 07
Boynton Beach, Florida 33435
Attention: Douglas C. Hutchinson, Director
Kenneth G. Spillias, Esquire
Lewis, Longman & Walker, P.A.
1700 Palm Beach Lakes Boulevard, Suite 1000
West Palm Beach, Florida 33401
7
Section 11.
No Third Party Beneficiaries.
This Agreement shall inure to the
benefit of the parties, their successors and assigns, and shall create no rights or interests
to or for any third party not a party hereto.
Section 12. Enforcement Costs. Any costs or expenses (including reasonable
attorneys' fees) associated with the enforcement of the terms and/or conditions of this
Agreement shall be borne by the respective parties provided, however, that this clause
pertains only to the parties to this Agreement.
Section 13. Remedies. This Agreement shall be construed by and governed by the
laws of the State of Florida. Any and all legal actions necessary to enforce the Agreement
will be conducted in Palm Beach County. No remedy herein conferred upon any party is
intended to be exclusive of any other remedy, and each and every such remedy shall be
cumulative and shall be in addition to every other remedy given hereinunder or now or
hereafter existing at law or in equity or by statute or otherwise. No single or partial
exercise by any party of any right, power or remedy hereinunder shall preclude any other
or further exercise thereof.
Section 14. Validitv. 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 which shall otherwise remain in full
force and effect; provided however that the invalidity of any provision which destroys the
mutuality of obligation provided for by the terms of this Agreement shall render the
entire Agreement null and void.
Section 15. Entire A2reement. This Agreement constitutes the entire understanding
of the parties and any previous agreements, whether written or oral, are superseded by
8
this Agreement. Any amendment to this Agreement must be in writing and executed with
the same formality by both parties.
Section 16. Interpretation. This Agreement shall not be construed more strictly
against one party than against the other merely by virtue of the fact that it may have been
prepared by counsel for one of the parties.
Section 17. Bindin2 Authoritv. Each party hereby represents and warrants to the
other that each party executing this Agreement on behalf of the CITY and eRA or any
representative in that capacity, as applicable, has full right and lawful authority to execute
this Agreement and to bind and obligate the party for whom or on whose behalf he or she
is signing this Agreement.
Section 18. Recordation. This Agreement shall be recorded in the Public Records of
Palm Beach County, Florida.
IN WITNESS OF THE FOREGOING, the parties have set their hands and seals
the day and year first above written.
BOYNTON BEACH COMMUNITY
REDEVELOPMENT AGENCY
CITY OF BOYNTON BEACH
Jeanne Heavilin, Chair
By ~
. IrryT 0, yor
ATTEST:
By:
I' /
'~.--;~4"_____~~__.--'-Cd ----
'tn. ~ '
APPROVED AS TO FORM AND LEGAL
9
By:
h:\1990\900 182.bb\agmt\cra i1a (boynton terrace) (4-14-05).doc
10
PREPARED BY:
Kenneth G. Spillias, Esquire
Lewis, Longman & Walker, P.A.
1700 Palm Beach Lakes Boulevard
Suite 1000
West Palm Beach, FL 33401
LIEN ASSIGNMENT AND SUBORDINATION AGREEMENT
WHEREAS, the City of Boynton Beach ("City"), is the owner and holder ofthose
certain liens enumerated in Attachment "A" attached hereto and recorded in the Public
Records of Palm Beach County, Florida, said liens encl\mb;;:ring a parcel of property (the
"Propeliy'") described as follows:
And,
WHEREAS, the City and the Boynton Beach Community Redevelopment
Agency ("CRA") have entered into a certain Interlocal Agreement of even date herewith
for the CRA's funding of the demolition of the structures currently existing on the
Property pursuant to the City's building and code enforcement authority; and
WHEREAS, pursuant to the terms of the Interlocal Agreement the CITY has
agreed to assign its interest in the lien against the Property that resulted from the City's
demolition of the structures on the Property ("Demolition Lien") in order to provide a
mechanism for the CRA to secure repayment of the funds provided to the City for the
demolition ofthe Property; and
\VHEREAS, the City and the eRA have agreed that the City'~ liens set forth in
Attachment "A" shall be subordinated to the Demolition Lien as provided for in the
Interlocal Agreement.
NOW THEREFORE, for and in consideration of Ten Dollars ($10.00), in hand
paid by the CRA, receipt whereof is hereby acknowledged and for other good and
valuable consideration, the City does hereby represent, warrant, covenant and agree as
follows:
1. That the City hereby assigns its right, title, and interest in the Demolition
Lien dated A p,r i. I 19 , 2005 and recorded in Official Record Book 1e60~ Page
0888 of the Public Records of Palm Beach County, Florida, to the CRA. The CITY
retains the right to, and shall defend any action filed challenging or contesting the legality
of the Demolition Lien, or the authority of the CITY to place the Demolition Lien on the
Property. The CITY shall be entitled to recover its costs associated with defending the
legality of the Demolition Lien or the authority of the CITY to place the Demolition Lien
on the Property from the CRA at such time as the CRA either forecloses, or receives
funds to satisfy the Demolition Lien; provided however, that before seeking
reimbursement from the CRA of any or all such costs, the City, in defending the legality
or validity of the Demolition Lien, shall have made every reasonable effort to recover its
attorneys' fees and costs, if statutorily or otherwise legally provided for, from the
opposing party in any such action. To the extent that such costs are not recovered, or are
not recovered in full, the City shall recover such costs from the CRA as provided herein.
The CRA, at its own cost and expense, shall be entitled to foreclose the Demolition Lien
at anytime following the recording and assignment ofthe lien by the CITY.
2. That the liens held by the City as set forth and described in Attachment
"A" hereto hereby are and declared to be for all times inferior and subordinate in lien,
right and dignity to the lien of the CRA hereinabove-described.
3. That the liens held by the City and described above and in Attachment
"A" together with the indebtedness secured thereby, are owned by the City and that said
indebtedness has not been assigned, transferred, or pledged to any person or entity
whomsoever, so that the City, by its undersigned authorized representative, has full right
and authority to execute this Lien Assignment and Subordination Agreement.
4. The City certifies that there exist no other liens or encumbrances held by it
with regard to the Property as of the date of the Interlocal Agreement and this Lien
Subordination Agreement. To the extent that any other liens or encumbrances running in
favor of the City may exist which are not set forth on this Lien Assignment and
Subordination Agreement, any and all such liens and encumbrances are inferior and
subordinate to the Demolition Lien as provided herein and in the Interlocal Agreement.
Dated this 5
day of June
, 200r.
Signed, sealed and delivered
In the presence of:
CITY OF BOYNTON BEACH
~~ /J1Ptd7
BY:~
Witness
~orJ €- )1 OtJ..--.b3
Print Name
Its: C;fi MA~~GE~
U;h 27;-IH7L
Witness
Ya.--Lorie- 110CU+S
Print Name
ATTEST:
APPROVED AS TO FORM AND LEGAL
SUFFICIENCY'
ATTACHMENT "A"
CITY OF BOYNTON BEACH LIENS ON TERRACE PROPERTY (legal description of
property)
1. City of Boynton Beach Engineering Consulting fees in the principle amount
of $25,000 recorded at ORB_page _ of the Public Records of Palm
Beach County, Florida.
2. City of Boynton Beach Code Compliance Case 04-1201 in the principle
amount of $49,384.12 recorded ORB_page _ of the Public Records of
Palm Beach County, Florida.
3. City ofBcynton Beach Code Compliance Case 04-1200 in the original
principle amount of $49,48015 ORB_page _ of the Public Records of
Palm Beach County, Florida.
4. City of Boynton Beach Code Compliance Case 04-2393 in the original
principle amount of$41,134.12 ORB__ page __ of the Public Records of
Palm Beach County, Florida.
5. City of Boynton Beach Code Compliance Case 04-2392 in the original
principle amount of$41,134.12 ORB_ page _ of the Public Records of
Palm Beach County, Florida.
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The Cihj ol Bo1Jnton Beach
City Clerk's Office
100 E BOYNTON BEACH BLVD
BOYNTON BEACH FL 33435
(561) 742-6060
FAX: (561) 742-6090
e-mail: prainitoj@ci.boynton-beach.f1.us
www.boynton-beach.org
June 15, 2006
Kenneth G. Spillias, Esquire
% Lewis, Longman & Walker, P.A.
1700 Palm Beach Lakes Blvd., Suite 1000
West Palm Beach, FL 33401
Re: Resolution No. ROS-066 - Interlocal Agreement Between the City of
Boynton Beach and the CRA
Attached for your information and files is a copy of Resolution No. R05-066 and a copy
of the Interlocal Agreement for the demolition of Boynton Terrace. This agreement was
re-recorded on 06/08/06, OR Book 20452 Pg 0647 because the Lien Assignment and
Subordination Agreement was not fully executed the first time it was recorded.
If I can be of any additional service, please do not hesitate to contact me.
Very truly yours,
CITY OF BOYNTON BEACH
~,~tn. ,p~
Wet M. Prainito, CMC
City Clerk
Attachment
Copy to:
Lisa Bright, Director CRA
S:\CC\WP\AFTER COMMISSION\Other Transmittal letters After Commission\Kimley Horn & Assodates - ROS-022 - Wilson Pool.doc
America's Gateway to the Gulfttream
PRFP,\RED BY:
Kl'linc;i, G. Spillias, Esquire
LewIs, Longman & Walker, P.A.
1700 Palm Beach Lakes Boulevard
Suite 1000
West Palm Beach, FL 33401
LIEN ASSIGNMENT AND SUBORDINATION AGREEMENT
WHEREAS, the City of Boynton Beach ("City"), is the owner and holder of those certain
liens enumerated in Attachment "A" attached hereto and recorded in the Public Records of Palm
Beach County, Florida, said liens encumbering a parcel of property (the "Property") described as
follows:
BOYNTON TERRACE APARTMENTS
SEE EXHIBIT "A" A TT ACHED HERETO AND INCORPORATED HEREIN BY REFERENCE
And,
WFIEREAS, the City and the Boynton Beach Community Redevelopment Agency
("CRA") have entered into a certain Interlocal Agreement of even date herewith for the CRA's
funding of the demolition of the structures currently existing on the Property pursuant to the
City's building and code enforcement authority; and
WHEREAS, pursuant to the terms of the Interlocal Agreement the CITY has agreed to
assign its interest in the lien against the Property that resulted from the City's demolition of the
structures on the Property ("Demolition Lien") in order to provide a mechanism for the CRA to
secure repayment of the funds provided to the City for the demolition of the Property; and
WHEREAS, the City and the CRA have agreed that the City's liens set forth in
Attachment "B" shall be subordinated to the Demolition Lien as provided for in the Interlocal
Agreement.
NOW THEREFORE, for and in consideration of Ten Dollars ($10.00), in hand paid by
the CRA, receipt whereof is hereby acknowledged and for other good and valuable
consideration, the City does hereby represent, warrant, covenant and agree as follows:
1. That the City hereby assigns its right, title, and interest in the Demolition Lien
dated October 18, 2005 and recorded on December 13, 2005 in Official Record Book 19662,
Page 0893 of the Public Records of Palm Beach County, Florida, to the CRA. The CITY retains
the right to, and shall defend any action filed challenging or contesting the legality of the
Demolition Lien, or the authority of the CITY to place the Demolition Lien on the Property. The
CITY shall be entitled to recover its costs associated with defending the legality of the
Demolition Lien or the authority of the CITY to place the Demolition Lien on the Property from
the CRA at such time as the CRA either forecloses, or receives funds to satisfy the Demolition
Lien. The eRA, at its own cost and expense, shall be entitled to foreclose the Demolition Lien at
anytime following the recording and assignment of the lien by the CITY.
2. That the liens held by the City as set forth and described in Attachment "B"
hereto hereby are and declared to be for all times inferior and subordinate in lien, right and
dignity to the lien of the CRA hereinabove-described.
3. That the liens held by the City and described above and in Attachment "B"
together with the indebtedness secured thereby, are owned by the City and that said indebtedness
has not been assigned, transferred, or pledged to any person or entity whomsoever, so that the
City, by its undersigned authorized representative, has full right and authority to execute this
Lien Assignment and Subordination Agreement.
4. The City certifies that there exist no other liens or encumbrances held by it with
regard to the Property as of the date of the Interlocal Agreement and this Lien Subordination
Agreement. To the extent that any other liens or encumbrances running in favor of the City may
exist which are not set forth on this Lien Assignment and Subordination Agreement, any and all
such liens and encumbrances are inferior and subordinate to the Demolition Lien as provided
herein and in the Interlocal Agreement.
Dated this q
day of AUG.U.ST ,2006.
Signed, sealed and delivered
In the presence of:
CITY OF BOYNTON BEACH
7;;;~} /J1 fH2i;;J
Witness
By:
'/0
~~~
KURT BRESSNER
CITY MANAGER
VfLW ri ~ If Oft is
Print Name
Its:
CLl)\t~j{"\ Cl-'~C/LL7,\/
,Witness '--. (J
I :'
(~~CC(7J \ (y\ C\-~\ lfh .Qv I
Print Name I
ATTEST:
APPROVED AS TO FORM AND LEGAL
SUFFICIENCY:
P-K5/. .
~
~
By:
k>r J s Cherof, Esquire
D Cl y Attorney
.S'
EXHIBIT ~
Legal Description
PARCEL 1: A portion of Block C of the Pial of BOYNTON HIllS. Boynton Beach. Palm Beach
County, Florida, according to the Plat thereof, as recorded in Plat Book 4, at Page 51, of the Public
Records of Palm Beach County, Florida, desc."ibed as (ellows: Commence at the Northeast comer
of lot 147 of said Btoek C; thence Soufh (assumed), along the East fineef said Lot 147 a distance
or20.00 feet to the Point or Beginning; thence eontinue South, .ato09 the East line of said Sloek C,
228.36 feet to the Southeast comer of lot 134 of said Block C; thence West, along the South line
of sald lot 134, a distance of 100 feet to the East fine of lots 135 and 136 of safd Block C; thence
So Lzth, along said East line and the Southerly protongationfhereof, 189.19 feet to' the centerline of
Grnnd Circle "N", being a curve concave Southwesterly having a radiusef 591.65 feet (a line radial
to said curvo bears North 41" 04' 57" East); thence Northwesterly along the arc of said curve 5.02
feet through a central angle of 0" 29' 11" to the intersectien with the Northerly prelongatien ef the
East line of lot 129 of said Block C (a line radial to said curve at the said point of intersectiO'n bears
North 40" 35' 40" East); thence South along the said Northerty prolongaticn ef lhe East Une or said
lot 129 a distance of 57.130 feet to the Soufhea.st comer of said lot 129; thence West atong the
South Une of saId lot 129 and the South line of said lot 128 a distance of 150.00 feet to the West
ftne of said Lol128; thence North along said West fine 15.00 feet to the South line of Lots 127 and
126 of said Slock C; thence West, along the said South line of lots 127 and 126, a dlstance of
100.00 feet to the West line of said lo112G; thence North along said West line.. 45j)0 feet to the
South line of Lots 124 and 123 of said Block C; thence West along said South line 100.00 feet to the
West Una of said Let 123; thence North .dong said West tine and the Northerly prolongation thereof,
193.23 feet to lheintersectionWith the Westerly prolong.ation Of the South fine of let 141 of sakt
BlOCK C; thence North 760 46' 35" East along said Westerly prolongation, 157.99 feet to the West
line of said lot 141; thence North along said West line, 101.25 feet to the North fine of said lot 141;
thence North 83" 11* 55" East along the North line of lots 141 and 142 of said Block C, a distance
of 75.51 feat to a line 25 feet West of and para!!et 'With the East fine of lol 150 of said Btock C;
thence North along said paraUeltine 92.44 feet to the North tina of lots 150. 149, 148 and 141 or
said Block C; thence East along said North line 205.00 feel to the beginning of a curve concave
Southwesterly having a radius of 20.00 feel and a central angle of 90. 00' 00"; thence Southeaslerty
along the arc of said curve, 31.42 feat to the Point of Beginning aforedescribed.
PARCEL 2: Lots 116, 117, 118, 119, un. 182, 183 and 184. Block C. BOYNTON HillS, according
to the Plat thereot, as recorded in PJat Book 4.. at Page 51, oUhe Public Records of Palm Beach
County. Florida.
PARCELS: lots 1 through 12 inclusive, in Block 1. of PALM BEACH COUNTRY CLUB ESTATES,
according to the Ptatl.hereof, as recorded in Plat Book 11,at Page 43, of the Public Records of Palm
8each County. Flerider, and the South 112 O'f the East 112 of lot 2. of Subdivision of the Wast 1/2 of
the Southeast 1/4 of Sedion21. Township 45 South, Range 43 East, Soynlon Beach,Palm Beach
County, florida, according to the Piat thereof, as recorded in Piat Sook 1. at Page 4, of the Public
Records of Palm Beach County, Florida; LESS AND EXCEPT TI1EREfROM the Seuth 125 feet
thereof; and lESS the right..of~way for "Seacrest Boulevard" as shown on Road Plat Book 5, a1 Page
182. of the ?,ublk: Recoros of Palm Seach County,Florida..
ATTACHMENT "B"
CITY OF BOYNTON BEACH LIENS ON TERRACE PROPERTY (legal description of
property)
1. City of Boynton Beach Engineering Consulting fees in the principle amount of
$25,000 recorded at ORB 13865 page 0116 of the Public Records of Palm Beach
County, Florida.
2. City of Boynton Beach Code Compliance Case 04-1201 in the principle amount of
$49,384.12 recorded ORB 17761 page 1311 of the Public Records of Palm Beach
County, Florida.
3. City of Boynton Beach Code Compliance Case 04-1200 in the original principle
amount of$49,48015 ORB 17761 page 1268 of the Public Records of Palm Beach
County, Florida.
4. City of Boynton Beach Code Compliance Case 04-2393 in the original principle
amount of$41,134.12 ORB 18179 page 1607 of the Public Records of Palm Beach
County, Florida.
5. City of Boynton Beach Code Compliance Case 04-2392 in the original principle
amount of $41,134.12 ORB 18179 page 1602 ofthe Public Records of Palm Beach
County, Florida.
H:\1990\900182.BB\AGMT\Subordination agreement eRA (Boynton Terrace) (8-4-06).doc
TO:
FROM:
DATE:
RE:
CITY CLERK'S OFFICE
MEMORANDUM
James Cherot
City Attorney
Janet M. Prainito
City Clerk
August 10, 2006
Lien Assignment & Subordination Agreement - Boynton Terrace
Apartments
As directed by David Tolces in his memorandum to Kurt Bressner dated August 7,
2006, the two original agreements have been signed and sealed. I have attached the
two tully executed original agreements. One copy has been retained in Central Files in
the City Clerk's Office.
Thank you.
~Yn.
Attachments
p~
S:\CC\WPIAFTER COMMISSION\City Attorney Transrnittals\Year 2006\08-10-06 - Lien Assignment & Subordination
Agreement.doc
CITY OF BOYNTON BEACH
City Attorney's Office
MEMORANDUM
TO:
Kurt Bressner, City Manager
DATE:
James A. Cherof, City Attorney
Lisa Bright, CRA Executive Director
Ken Spillias, CRA Attorney
David N. Tolees, Assistant City Attom~ .
Jamila V. Alexander, Assistant City Attorney ~
August 7, 2006
CC:
FROM:
RE:
City of Boynton Beach ("City")/ The Bank of New York Trust Company
Attached please find two (2) original Lien Assignment and Subordination Agreements (the
"Agreement") relating to the City's Demolition Lien against the property formerly known as
Boynton Terrace (the "Property").
As you may recall, the City and the Boynton Beach Community Redevelopment Agency
entered into an Interlocal Agreement to provide for the financing of the demolition of the
hurricane damaged buildings located at Boynton Terrace. As part of the Interlocal Agreement,
the City agreed to fund the demolition and record a lien against the Property. Additionally, the
CRA agreed to reimburse the City the cost for the demolition of the buildings. Finally, the
City agreed to assign its interest in the demolition lien to the CRA.
The Interlocal Agreement between the City and CRA, as approved by the City Commission
pursuant to Resolution No. 05-066, dated April 19, 2005, included the form to be used for the
assignment of the demolition lien to the CRA. Therefore, in order to complete the assignment
of the demolition lien to the CRA, attached are two (2) originals of the Agreement for your
execution. Our office has reviewed the Agreement, and find it to be legally sufficient. Please
execute both originals of the Agreement and have the City Clerk sign and affix the City Seal,
and return the originals to our office.
Should you require any additional information, please feel free to contact our office.
DNT:JVA
Enclosure(s)
H:\1990\900 182.BB\MEMO 2006\Bressner (BB adv. The Bank of New York Trust Company)3.doc
CITY OF BOYNTON BEACH
City Attorney's Office
MEMORANDUM
TO:
Kurt Bressner, City Manager
CC:
James A. Cherof, City Attorney
Lisa Bright, CRA Executive Director
Ken Spillias, CRA Attorney
David N. Tolces, Assistant City Attom~ .
Jamila V. Alexander, Assistant City Attorney ~
August 7, 2006
FROM:
DATE:
RE:
City of Boynton Beach ("City")/ The Bank of New York Trust Company
Attached please find two (2) original Lien Assignment and Subordination Agreements (the
"Agreement") relating to the City's Demolition Lien against the property formerly known as
Boynton Terrace (the "Property").
As you may recall, the City and the Boynton Beach Community Redevelopment Agency
entered into an Interlocal Agreement to provide for the financing of the demolition of the
hurricane damaged buildings located at Boynton Terrace. As part of the Interlocal Agreement,
the City agreed to fund the demolition and record a lien against the Property. Additionally, the
CRA agreed to reimburse the City the cost for the demolition of the buildings. Finally, the
City agreed to assign its interest in the demolition lien to the CRA.
The Interlocal Agreement between the City and CRA, as approved by the City Commission
pursuant to Resolution No. 05-066, dated April 19, 2005, included the form to be used for the
assignment of the demolition lien to the CRA. Therefore, in order to complete the assignment
of the demolition lien to the CRA, attached are two (2) originals of the Agreement for your
execution. Our office has reviewed the Agreement, and find it to be legally sufficient. Please
execute both originals of the Agreement and have the City Clerk sign and affix the City Seal,
and return the originals to our office.
Should you require any additional information, please feel free to contact our office.
DNT:JVA
Enclosure(s)
H:\1990\9001 82.BB\MEMO 2006\Bressner (BB adv. The Bank of New York Trust Company)3.doc
PRFPARED BY:
Keullc i!; C. Spillias, Esquire
Le\\ls, Longman & Walker, P.A.
1700 Palm Beach Lakes Boulevard
Suite 1000
West Palm Beach. FL 33401
LIEN ASSIGNMENT AND SUBORDINATION AGREEMENT
WHEREAS, the City of Boynton Beach ("City"), is the owner and holder of those certain
liens enumerated in Attachment "A" attached hereto and recorded in the Public Records of Palm
Beach County, Florida, said liens encumbering a parcel of property (the "Property") described as
follows:
BOYNTON TERRACE APARTMENTS
SEE EXHIBIT "A" ATTACHED HERETO AND INCORPORATED HEREIN BY REFERENCE
And,
WHEREAS, the City and the Boynton Beach Community Redevelopment Agency
("CRA") have entered into a certain Interlocal Agreement of even date herewith for the CRA's
funding of the demolition of the structures currently existing on the Property pursuant to the
City's building and code enforcement authority; and
WHEREAS, pursuant to the terms of the Interlocal Agreement the CITY has agreed to
assign its interest in the lien against the Property that resulted from the City's demolition of the
structures on the Property ("Demolition Lien") in order to provide a mechanism for the CRA to
secure repayment of the funds provided to the City for the demolition of the Property; and
WHEREAS, the City and the CRA have agreed that the City's liens set forth in
Attachment "B" shall be subordinated to the Demolition Lien as provided for in the Interlocal
Agreement.
NOW THEREFORE, for and in consideration of Ten Dollars ($10.00), in hand paid by
the CRA, receipt whereof is hereby acknowledged and for other good and valuable
consideration, the City does hereby represent, warrant, covenant and agree as follows:
1. That the City hereby assigns its right, title, and interest in the Demolition Lien
dated October 18,2005 and recorded on December 13, 2005 in Official Record Book 19662,
Page 0893 of the Public Records of Palm Beach County, Florida, to the CRA. The CITY retains
the right to, and shall defend any action filed challenging or contesting the legality of the
Demolition Lien, or the authority of the CITY to place the Demolition Lien on the Property. The
CITY shall be entitled to recover its costs associated with defending the legality of the
Demolition Lien or the authority of the CITY to place the Demolition Lien on the Property from
the CRA at such time as the CRA either forecloses, or receives funds to satisfy the Demolition
Lien. The CRA, at its own cost and expense, shall be entitled to foreclose the Demolition Lien at
anytime following the recording and assignment of the lien by the CITY.
2. That the liens held by the City as set forth and described in Attachment "B"
hereto hereby are and declared to be for all times inferior and subordinate in lien, right and
dignity to the lien of the CRA hereinabove-described.
3. That the liens held by the City and described above and in Attachment "B"
together with the indebtedness secured thereby, are owned by the City and that said indebtedness
has not been assigned, transferred, or pledged to any person or entity whomsoever, so that the
City, by its undersigned authorized representative, has full right and authority to execute this
Lien Assignment and Subordination Agreement.
4. The City certifies that there exist no other liens or encumbrances held by it with
regard to the Property as of the date of the Interlocal Agreement and this Lien Subordination
Agreement. To the extent that any other liens or encumbrances running in favor of the City may
exist which are not set forth on this Lien Assignment and Subordination Agreement, any and all
such liens and encumbrances are inferior and subordinate to the Demolition Lien as provided
herein and in the Interlocal Agreement.
Dated this q
day of AUG.UST ,2006.
Signed, sealed and delivered
In the presence of:
CITY OF BOYNTON BEACH
{kk } 'JJ1 p.d;;)
Witness
4~
By:
VfLlDr"i ~ .H Dttf..s
Print Name
Its:
KURT BRESSNER
CITY MANAGER
C. .,.-
\ r-, c, f,:_ './'~ ')":") , _ ,''- '.
(CAC~ _/ (I \ clLv LL7}/'
Witness '-. / l
(\ iJ
I "('~ ,/?/', \ ('", i / n 'J
\~_.\.~ U ) I,(A.V \V 1\ -L,/ I
Print Name I
ATTEST:
APPROVED AS TO FORM AND LEGAL
SUFFICIENCY:
45?1- .
~
~
By:
b.., J s Cherof, Esquire
o Cl y Attorney
,3 4' _/ __2 -
EXHIBIT ~
Legal Description
PARCEL 1; A portion of Block C of tile Plat of BOYNTON H1LLS, Boynton Seach, Patm Beach
County, Florida, accordilig to the Plat thereof, as recorded in Plat Book 4. at Page 51. of the- Public
Records of Palm Beach County. Florida, described as follows: Commence at the Northeast comer
of lot 141 of said 8tock C; thence Soufh (assumed), atong the East line af said Lot 141 a distance
of 20.00 feet to the Point of Beginning; thence continue South.atong the East line of said Sloek C,
228.36 feet to the Southeast comer of Lot 134 of said Biock C;thence West, along the South line
of said lot 134, a distance of 100 feet fo the East line of Lots 135 and 136 of satd Block C; thence
SOlrth, along said East line and the Southerly pro!ongation thereof, 189.19 feet to the centerline of
Grand CIrcle "N", being a curve concave Southwesterly having 3 radius of 591.65 reet (3 Una radial
\0 said curve bears North 41'" 04' 57" East); thence Northwesterly along the arc of said curve 5.02
feet through a central angle of 0'" 29' 11" to the intersection with tne Northerly prolongation of the
Eas~ line of lot 129 of said Sloek C (a line radial to said curve at the said point of intersection bears
North 40" 35' 46" East); thence South along the said Nonherfy prolongation of the East line of said
lot 129 a distance of 57.60 feet to the Southeast comer of said Lot 129; thence West alon9 the
South line of said lot 129 and the South line of saicllot 128 a distance of 150.00 feet to the West
line of said Lot 128; thence North along said West fine 15.00 feet to the South line of lots 127 and
126 of sald Block C; thence West, atong the said South line of Lots 127 and 126, a distance of
'100.00 feet to the West tine of said Lot 12&; thence North .along said West line. 45j}O feet to the
South line of Lots 124 and 123 of said Elock C; thence West along said South line 100.00 feet lothe
West Uneof said Lot 123; thence Narth atong $aid West fine and the Northerly prolongation thereof,
193.23 feet to the intersection with the Westerly prolongation of the South tineot lof 141 of $61d
Block C; thence North 760 46' 35" East along said Westerly prolongation, 157.99 feet to lbe West
line of said Lot 141; thence North along said West line, 101.25 feet to the North fine 01 said Lot 141;
thence North 830 11" 55" East along the North line of Lots 141 and 142 of said Block C, a distance
of 75.51 (eetto 3 Une 25 feet West of and parallel with the East line of Lol150 of said Block C;
thence North along said parallel line 92.44 feet to the North Une of lots 150, 149,148 and 141 of
said Block C; thence East along said North line 205.00 feet to tnebeginning of a curve concave
$0 ut~stetfy having a radius of 20.00 feef and a central angle of 90" 00' 00"; fhence Southeasterly
along the arc of said curve. 31.42 feet to the Point of Beginning aforedesaibed.
PARCEL 2: Lots 116. 117, 118, 119, 181, 182, 183 and 184. Biock C, BOYNTON HILLS, according
to the P~at thereof, as recorded in PJat Book 4, at Page 511 ofthe Public Records of Palm Beach
County, Florida.
PARCEL 3: Lots 1 through 12 inclusive. in Block 1, of PALM BEACH COUNTRY CLUB ESTATES,
according to the Plat lhereof, as recorded in Plat Book 11, at Page 43, of the Public Records of Palm
Beach County. Florida; and the South 112 of the East 1/2 of lot 2, of Subdivision of the West 1/2 of
the Southeast 1/4 of Section 21, Township 45 South, Range 43 East, Boynton Beach, Palm Beach
County, Florida, according to the Plat thereof, as recorded in Plat Book 1. at Page 4, of the Public
Records of Palm Beach County, Florida; LESS AND exCEPT TI1EREFROM the South 125 feet
thereof; and LESS the right-<lf-way for "Seacrest Boulevard" as shown on Road Plat Book 5. a1 Page
182, of the ?,ubUc ReC01"dso( Palm Geach County, Florida.
ATTACHMENT "B"
CITY OF BOYNTON BEACH LIENS ON TERRACE PROPERTY (legal description of
property)
1. City of Boynton Beach Engineering Consulting fees in the principle amount of
$25,000 recorded at ORB 13865 page 0116 of the Public Records of Palm Beach
County, Florida.
2. City of Boynton Beach Code Compliance Case 04-1201 in the principle amount of
$49,384.12 recorded ORB 17761 page 1311 of the Public Records of Palm Beach
County, Florida.
3. City of Boynton Beach Code Compliance Case 04-1200 in the original principle
amount of$49,48015 ORB 17761 page 1268 of the Public Records of Palm Beach
County, Florida.
4. City of Boynton Beach Code Compliance Case 04-2393 in the original principle
amount of$41,134.12 ORB 18179 page 1607 of the Public Records of Palm Beach
County, Florida.
5. City of Boynton Beach Code Compliance Case 04-2392 in the original principle
amount of $41,134.12 ORB 18179 page 1602 of the Public Records of Palm Beach
County, Florida.
H: \ 1990\900 182 .BB\A GMT\Subordination agreement CRA (Boynton Terrace) (8-4-06).doc
TO:
FROM:
DATE:
RE:
CITY CLERK'S OFFICE
MEMORANDUM
James Cherat
City Attorney
Janet M. Prainito
City Clerk
August 10, 2006
Lien Assignment & Subordination Agreement - Boynton Terrace
Apartments
As directed by David Tolces in his memorandum to Kurt Bressner dated August 7,
2006, the two original agreements have been signed and sealed. I have attached the
two tully executed original agreements. One copy has been retained in Central Files in
the City Clerk's Office.
Thank you.
~Yn.
Attachments
p~
S:\CC\WP\AFTER COMMISSION\City Attorney TransmittalsWear 2006\08-10-06 - Lien Assignment & Subordination
Agreement.doc