R15-127 1 RESOLUTION NO. R15 -127
2 A RESOLUTION OF BOYNTON BEACH, FLORIDA, APPROVING
3 AND AUTHORIZING THE MAYOR TO SIGN AN INTERLOCAL
4 AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND
5 ' THE BOYNTON BEACH COMMUNITY REDEVELOPMENT
6 ; AGENCY TO PROVIDE A FINANCIAL CONTRIBUTION TO RUDG,
7 ! LLC FOR THE DEVELOPMENT OF A 9% LOW INCOME TAX
81 CREDIT DEVELOPMENT KNOWN AS OCEAN BREEZE EAST;
9 AND PROVIDING AN EFFECTIVE DATE.
10'
11 WHEREAS, the goal of the Boynton Beach Community Redevelopment Agency is to
12 eliminate slum and blight and to facilitate the development of affordable housing within the
13 Community Redevelopment Area; and
14 WHEREAS, the proposed development known as Ocean Breeze East will help the
15 ; Community Redevelopment Agency to achieve its goals; and
16 WHEREAS, the developer of the Ocean Breeze East project, RUDG,LLC is applying
17 for 9% Low - Income Housing Tax credits in November of 2015; and
18 WHEREAS, the financial match of $75,000 required by the Florida Housing Finance
19 Corporation allocator of 9% low income tax credits will be paid for by the Boynton Beach
20 Community Redevelopment Agency; and
21 WHEREAS, the City Commission of the City of Boynton Beach, upon
22 recommendation of staff and the CRA Board, deems it to be in the best interests of the
23 residents and citizens of the City of Boynton Beach to approve the Interlocal Agreement
24 between the City of Boynton Beach and the Boynton Beach Community Redevelopment
25 Agency regarding the development of the Ocean Breeze East project on behalf of RUDG,
26 LLC.
1
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.
31 Section 2. The City Commission of the City of Boynton Beach, Florida does
32 hereby approve and authorize the Mayor to sign the Interlocal Agreement between the City of
33 . Boynton Beach and the Boynton Beach Community Redevelopment Agency regarding the
34 Local Government Contribution required by Florida Housing Finance Corporation on behalf
35 of RUDG, LLC developer of the Ocean Breeze East development, a copy of said Interlocal
36 Agreement is attached hereto as Exhibit "A ".
37 Section 3. That this Resolution shall become effective immediately upon passage.
38 PASSED AND ADOPTED this 6 day of OCTOBER, 2015.
39 CITY OF BOYNTON BEACH, FLORIDA
40
41 YES NO
42
43 ', Mayor - Jerry Taylor
44 j
45 a Vice Mayor - Joe Casello
46
47 Commissioner - David T. Merker ✓
48
49 Commissioner - Mack McCray ✓
50
51 ' Commissioner - Michael M. Fitzpatrick
52 _
53 VOTE 5 0
54 ATTEST:
55
56
57 4 " '' ._! - 1 1 ;77 1-' 44, , Ocug.4:4)
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59 1 C X`
60 (t oratSSal) ; ','
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INTERLOCAL AGREEMENT BETWEEN CITY OF BOYNTON
BEACH AND BOYNTON BEACH COMMUNITY
REDEVELOPMENT AGENCY TO PROVIDE FOR THE PAYMENT
OF THE LOCAL GOVERNMENT CONTRIBUTION UNDER THE
LOW INCOME HOUSING 9% TAX CREDIT PROGRAM FOR THE
PROJECT KNOWN AS OCEAN BREEZE EAST TO BE DEVELOPED
BY RUDG, LLC., PURSUANT TO CHAPTER 420, PART V, 5093-
5099, FLORIDA STATUTES, PROVIDING AN EFFECTIVE DATE.
THIS AGREEMENT, made and entered into on the t� day of ( 611 —
2015 by and between: ��
CITY OF BOYNTON BEACH, FLORIDA
a Florida municipal corporation
100 E. Boynton Beach Boulevard
Boynton Beach, Florida 33425
(hereinafter referred to as "CITY ")
AND
BOYNTON BEACH COMMUNITY REDEVELOPMENT
AGENCY,
a Public Agency of the State of Florida
710 N. Federal Highway
Boynton Beach, Florida 33435
(hereinafter referred to as "CRA ")
WITNESSETH:
WHEREAS, CITY and CRA (the "Parties ") desire to encourage Affordable and
Workforce Housing development within the City and the CRA; and
WHEREAS, the CRA has determined that the provision of Affordable and Workforce
Housing with the CRA furthers the CRA's purpose of eliminating slum and blight; and
WHEREAS, the CRA has approved a financial contribution of seventy -five thousand
dollars in the form of a grant contribution ( the "Grant ") to assist the developer, RUDG, LLC, in
the development of the Ocean Breeze East redevelopment project located at 700 N. Seacrest
Boulevard, and
WHEREAS, the Parties desire to enter into an Interlocal Agreement ( "Agreement ") for
the City of Boynton Beach to pay, on behalf of the CRA, the Grant to RUDG, LLC. (the
"Grantee "), under the condition that the RUDG, LLC obtains award underwriting approval of a
9% Low Income Housing Tax Credit allocation from the Florida Housing Finance Corporation
by June 30, 2016, and
Page 1 of 6
WHEREAS, CITY and CRA have determined that it is mutually beneficial and in the best
interests of its citizens and residents to enter into this Agreement; and
WHEREAS, Part I of Chapter 163, Florida Statutes, as amended (the "Interlocal
Cooperation Act "), permits the Governmental Units, as public agencies under the Interlocal
Cooperation Act, to enter into interlocal agreements with each other to authorize one governmental
party to exercise, on behalf of the other governmental unit, jointly held powers, privileges or
authorities which each such Governmental Unit shares in common and which each might exercise
separately, permitting the Governmental Units to make the most efficient use of their power by
enabling them to cooperate on a basis of mutual advantage and thereby provide services and
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facilities in a manner and pursuant to forms of governmental organization that accords best with
geography, economy, population and other factors influencing the needs and development of such
Governmental Units; and
WHEREAS, this Interlocal Agreement will become effective upon filing with the Clerk of
the Court in the Fifteenth Judicial Circuit in accordance with the provisions of the Interlocal
Cooperation Act; and
WHEREAS, CITY hereby represents to CRA that it has the authority, pursuant to the
Interlocal Cooperation Act, to execute any and all documents necessary to effectuate and to
implement the terms of this Agreement; and
WHEREAS, CRA hereby represents to CITY that it has the authority, pursuant to the
Interlocal Cooperation Act, to execute any and all documents necessary to effectuate and to
implement the terms of this Agreement; and
NOW, THEREFORE, FOR AND IN CONSIDERATION of the mutual covenants and
agreements hereinafter set forth, the Parties hereto agree as follows:
Section 1. RECITALS
1.01 The above recitals are true and correct and are incorporated herein.
Section 2. TERM OF AGREEMENT
This Agreement shall be effective upon the approval of both parties and upon filing with
the Clerk of the Court in the Fifteenth Judicial Circuit and shall terminate upon the earlier
of the following: 1) final payment of the $75,000 to RUDG, LLC consistent with the
terms of this Agreement; or 2) the failure of RUDG, LLC to obtain award underwriting
approval from Florida Housing Finance Corporation by June 30, 2016.
Section 3. DUTIES AND RESPONSIBILITIES OF THE PARTIES
3.01 The Parties agree that the Grant per Resolution No. shall be paid by the CITY
on behalf of the CRA. Payment shall be made to RUDG, LLC 1) upon RUDG, LLC
providing evidence that they have been awarded a nine percent (9 %) low income tax
Page 2 of
credit from the Florida Housing Finance Corporation; and 2) a real estate closing for the
project property within the CRA known as Ocean Breeze East. The Parties agree further
that the CRA will reimburse the CITY for the payment of said Grant, within 30 days of
CITY's notice of making payment.
Section 5. INSURANCE
5.01 {Intentionally left blank}
Section 6. RECORDS
6.01 CRA and CITY shall each maintain their own respective records and documents
associated with this Agreement in accordance with the requirements set forth in Chapter
119, Florida Statutes. All such records shall be adequate to justify all charges, expenses,
and costs incurred in accordance with generally accepted accounting principles. Each
party shall have access to the other party's books, records and documents as required in
this Agreement 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
Improvements.
Section 7. ASSIGNMENT
7.01 The respective obligations of the parties shall not be assigned, in whole or in part without
the written consent of the other party.
Section 8. DEFAULT
8.02 If either party fails to perform or observe any of the material terms and conditions of this
Agreement for a period of ten (10) calendar days after receipt of written notice of such
default from the other party, the party giving notice of default may be entitled, but is not
required, to seek specific performance of this Agreement on an expedited basis, as the
performance of the material terms and conditions contained herein relate to the health,
safety, and welfare of the residents subject to this Agreement. Failure of any party to
exercise its right in the event of any breach by the other party shall not constitute a
waiver of such rights. No party shall be deemed to have waived any failure to perform by
the other party unless such waiver is in writing and signed by the other party. Such
waiver shall be limited to the terms specifically contained therein. This section shall be
without prejudice to the rights of any party to seek a legal remedy for any breach of the
other party as may be available to it in law or equity.
Section 9. COMPLIANCE WITH LAWS
9.01 CITY and CRA shall comply with all statutes, laws, ordinances, rules, regulations and
lawful orders of the United States of America, State of Florida and of any other public
authority which may be applicable.
Page 3 of 6
Section 10. VENUE
10.01 Any and all legal actions necessary to enforce the terms of this Agreement shall be
conducted in the Fifteenth Judicial Circuit in and for Palm Beach County, Florida, or, if
in federal court, in the United States District Court for the Southern District of Florida.
Section 11. GOVERNING LAW
11.01 The validity, construction and effect of this Agreement shall be governed by the laws of
the State of Florida.
Section 12. ENTIRE AGREEMENT
12.01 This Agreement contains the entire understanding of the parties relating to the subject
matter hereof superseding all prior communications between the parties whether oral or
written, and this Agreement may not be altered, amended, modified or otherwise changed
nor may any of the terms hereof be waived, except by a written instrument executed by
both parties. The failure of a party to seek redress for violation of or to insist on strict
performance of any of the covenants of this Agreement shall not be construed as a waiver
or relinquishment for the future of any covenant, term, condition or election but the same
shall continue and remain in full force and effect.
Section 13. SEVERABILITY
13.01 Should any part, term or provision of this Agreement be by the courts decided to be
illegal or in conflict with any law of the State, the validity of the remaining portions or
provisions shall not be affected thereby.
Section 14. NOTICES
14.01 Whenever either party desires to give notice to the other, such notice must be in writing
and sent by United States mail, return receipt requested, courier, evidenced by a delivery
receipt, or by overnight express delivery service, evidenced by a delivery receipt,
addressed to the party for whom it is intended at the place last specified; and the place for
giving of notice shall remain until it shall have been changed by written notice in
compliance with the provisions of this paragraph. For the present, the parties designate
the following as the respective places for giving of notice.
CITY: Lori LaVerriere, City Manager
City of Boynton Beach
100 E. Boynton Beach Boulevard
Boynton Beach, FL 33435
Page 4 of 6
CRA: Vivian Brooks, Executive Director
Boynton Beach CRA
710 N. Federal Highway
Boynton Beach, Florida 33435
Copies To: James A. Cherof
Goren, Cherof, Doody & Ezrol, P.A.
3099 East Commercial Boulevard, Suite 200
Fort Lauderdale, Florida 33308
Tara Duhy, Esquire
Lewis, Longman & Walker, P.A.
515 North Flagler Drive, Suite 1500
West Palm Beach, Florida 33401
Section 15. INTERPRETATION
15.01 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.
THE REMAINDER OF THIS PAGE HAS BEEN INTENTIONALLY LEFT BLANK
Page 5 of 6
IN WITNESS WHEREOF, the CITY OF BOYNTON BEACH and the BOYNTON
BEACH COMMUNITY REDEVELOPMENT AGENCY have caused these presents to be
executed in their respective names by the proper officials the day and year first above written.
CITY OF BOYNTON BEACH a municipal
corporation organized and existing under the laws
of the State of Florida
By: irk/ 4 4.
Tayl .,' ay
ATTEST:
net Prainito, City Clerk ea
p
Approved as to form: 7- 0 N
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t,9
ity Attom
BOYNTON BEACH COMMUNITY
REDEVELOPMENT AGENCY, a public agency
organized and existing under the laws of the State
of Florida
By:
Tayl r, Chai
Approved as to form:
CRA Attorney
Page 6 of 6
IN WITNESS WHEREOF, the CITY OF BOYNTON BEACH and the BOYNTON
BEACH COMMUNITY REDEVELOPMENT AGENCY have caused these presents to be
executed in their respective names by the proper officials the day and year first above written.
CITY OF BOYNTON BEACH a municipal
corporation organized and existing under the laws
of the State of Florida
By:
Jerry Taylor, Mayor
ATTEST:
Janet Prainito, City Clerk
Approved as to form:
City Attorney
BOYNTON BEACH COMMUNITY
REDEVELOPMENT AGENCY, a public agency
organized and existing under the laws of the State
of Florida
By: _
rry Tayl +, Ch
Apprs form:
inr: Attorney
Page 6 of 6
LOCAL GOVERNMENT VERIFICATION OF CONTRIBUTION — GRANT FORM
Name of Development: Ocean Breeze East
Development Location: 700 N. Seacrest Blvd, Boynton Beach, Florida
(At a minimum, provide the address number, street name and city, and/or provide the street name, closest designated intersection and either the
city (if located within a city) or county (if located in the unincorporated area of the county). If the Development consists of Scattered Sites, the
Development Location stated above must reflect the Scattered Site where the Development Location Point is located.)
On or before the Application Deadline, the City/County of City of Boynton Beach committed
(Name of City or County)
$ 75,000,00 as a grant to the Applicant for its use solely for assisting the proposed Development
referenced above. The City/County does not expect to be repaid or reimbursed by the Applicant, or any other entity,
provided the funds are expended solely for the Development referenced above. No consideration or promise of
consideration has been given with respect to the grant. For purposes of the foregoing, the promise of providing
affordable housing does not constitute consideration. The commitment for this grant is effective as of the
Application Deadline referenced above, and is provided specifically with respect to the proposed Development.
The source of the grant is: Boynton Beach Community Redevelopment Agency Funds
(e.g., SHIP, HOME, CDBG)
CERTIFICATION
I certify that the foregoing information is true and correct and that this commitment is effective at least through the
date required in the applicabte RFA.
:
U� Jerry Taylor
Si tore Print or Type Name
Mayor of Boynton Beach
Print or Type Title
This certification must be signed by the chief appointed official (staff) responsible for such approvals, Mayor, City Manager,
County Manager /Administrator /Coordinator, Chairperson of the City Council/Commission or Chairperson of the Hoard of
County Commissioners. If the contribution is from a Land Authority organized pursuant to Chapter 380.0663, Florida Statutes,
this certification must be signed by the Chair of the Land Authority. One of the authorized persons named above may sign this
form for certification of' state, federal or Local Government funds initially obtained by or derived from a Local Government that
is directly administered by an intermediary such as a housing finance authority, a community reinvestment corporation, or a state-
certified Community Housing Development Organization (CHDO). Other signatories are not acceptable. The Applicant will not
receive credit for this contribution if the certification is improperly signed. To be considered for points, the amount of the
contribution stated on this form must be a precise dollar amount and cannot include words such as estimated, up to, maximum of
not to exceed, etc.
If the Application is not eligible for automatic points, this contribution will not be considered if the certification contains
corrections or `white -out' or if the certification is altered or retyped. The certification may be photocopied.
Please note: This form may be modified by Florida Housing Finance Corporation per Section 67- 60.005, F.A.C.
(Form Rev. 01 - 14)
RFA 2015 -107
The City of Boynton Beach
City Clerk's Office
100 E BOYNTON BEACH BLVD
- _ -= BOYNTON BEACH FL 33435
_ (561) 742 -6060
FAX: (561) 742-6090
N zcj
e-mail: prainitoj @bbfl.us
www.boynton - beach.org
October 9, 2015
Theresa Utterback
Community Redevelopment Agency
710 N. Federal Highway
Boynton Beach, FL 33435
Re: R15 -127 ILA Between The City of Boynton Beach and the Community
Redevelopment Agency to Provide for the Payment of Local
Government Contribution — Low Income Housing
Dear Theresa:
Attached for your handling is the agreement and a copy of the Resolution mentioned
above. Once the agreement has been signed, please return the original to the City
Clerk's Office for Central File.
If you have any questions, please do not hesitate to contact me.
Very truly yours,
CITY OF BOYNTON BEACH
ft)
et M. Prainito, MMC
City Clerk
Attachments
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S: \ CC \WP \AFTER COMMISSION \Other Transmittal Letters After Commission \2015 \R15 -127 ILA w CRA Low Income
Housing 9% Tax Credit Program.doc
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