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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. 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 ATTEST: 27 28 29 30 31 32 33 34 CITY OF BOYNTON BE.ACH, FLORIDA ~ I .1 .. of.,' 7~ . -<;: ') ./ .... ~m~iS~~) CommissIOner (f- .~ S:\CA\RESO'Agreements\lnterlocals\ILA with CRA (Demolition of Boynton Terrace).doc DO....J.n .l.(',,\" (p~~lose foC: " , ". ~.., .'J . se.-accressec stamped envelope) 11111111111111111111111 r ~,HT!~ ,l\cldrE:~ss: 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. h:\l 990\900 1 82.bb\agmt\subordination agreement cra (boynton terrace) (4-l4-05).doc --" o u. ./>. -.I ./>. N '" ? --" '" <0 '" o 0> -.I <0 0> '" o o --" :-' '" '" -.I U. o <..> 0> o o o '" '" 9' 00 o o o o :-' <0 o !=> o o ~ -00 J> '" ~ J> N J> <0 <0 ~ o o '" -.I ~ u. '" 0> ~ J> 00 0000 j,.j,. "'''' j,.j,. 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N !'> o '" N ~ o )> o o ~ (JI CJI --" <0 ~ ~ (JI P ." ~ o m ~ 3: 0> ....~ ~.CJ1 o lit 0 o ." ~ @ )> (JI "'D X !-" )> Cl ? !:4 ~ ......- o CI\ (JI o 0 ~ @ OJ o -< oZ m~ 3:0 OZ C~ :jm 0:;0 z~ o m o o N ~ ~~ -"- m ~~ -.I 0> ." ..::l @ --" <0 ./>. N 00 o m -" g!-1 <0 -" - ;0 ./>......(JI)> iv CD:( (JI 00 )> x ;0 .g --" -.I -0 -.I !=> g o --" m :-' 0 3: -1 ~ 00 S !=>CJIC)> 0-1-1r- 0> 0 Z ~ ~ N ?' u. -.I ... )> .~ .... (JI (JI ~1DCm ?,g~Zl '" (;) m -1 -.I 0 -< g N m '" en '" ... N:"~O Zl ~"'D ~ ~ i ~ z ~ '" -.I c:> ~ ./>. ...z~ <.oJ .... (JI Cl '" ~~ Z -.I CD 0 m o~-1m ~oO;o o Z Z CJI Cl N N o <.oJ N ~ o N -1 N CO o m-1 l:j Z 'f:. .~ o 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