R24-194 CFN 21)24032;062
OR BK 35283 P G 307
)?.E CORDED 9t20t2024 1005 AM
P:ihu Ea.ir_1t Countr,F1or .
1.4,_:eph Abner,,Mai;
RESOLUTION NO. R24-194 pg::30 _325;0.9 , i
2
3 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON
4 BEACH, FLORIDA, APPROVING A WAIVER OF DEADLINE TO THE
5 INTERLOCAL AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND
6 THE BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY FOR THE
7 FUNDING OF THE STREETSCAPE/LIGHTING IMPROVEMENTS WITHIN THE
8 BOYNTON BEACH COMMUNITY REDEVELOPMENT AREA; AND FOR ALL
9 OTHER PURPOSES.
10
11 WHEREAS, on June 17, 2021, the City of Boynton Beach ("City") and the Boynton Beach
12 Community Redevelopment Agency ("CRA") (collectively "the Parties") entered into the Interlocal
13 Agreement between the City and the CRA for the Funding of the Streetscape/Lighting
14 Improvements within the Boynton Beach Community Redevelopment Area ("Agreement"); and
15 WHEREAS, on January 20, 2024, the Parties entered into the First Amendment to the
16 Interlocal Agreement between the City of Boynton Beach and the Boynton Beach Community
17 Redevelopment Agency for the Funding of the Streetscape/Lighting Improvements within the
18 Boynton Beach Community Redevelopment Area ("First Amendment"), to extend the termination
19 date of the Agreement to September 30, 2024; and
20 WHEREAS, Section 4.a. of the Agreement provides that the City shall submit a
21 reimbursement request to the CRA no later than 90 days after payment by the City of funds for
22 which it is seeking reimbursement, and in no case later than 45 days prior to the end of each Fiscal
23 year in which the individual improvements achieve final completion; and
24 WHEREAS, Section 4.c. of the Agreement further provides that if the City fails to submit a
25 Reimbursement Request within 45 days prior to the end of the Fiscal Year in which the individual
26 improvements achieve final completion, the City will no longer be eligible to receive any
27 reimbursement and the Agreement shall terminate; and
28 WHEREAS, in July, 2024, the City submitted a letter requesting that the CRA waive the
29 time period in which the City is required to submit a reimbursement request in order to allow the
30 CRA to accept Invoice 92807 from the City and allow payment for the same from CRA PO #1930-
31 R1; and
32
1 RESOLUTION NO. R24-194
2
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON
4 BEACH, FLORIDA, APPROVING A WAIVER OF DEADLINE TO THE
s INTERLOCAL AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND
6 THE BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY FOR THE
7 FUNDING OF THE STREETSCAPE/UGHTING IMPROVEMENTS WITHIN THE
h BOYNTON BEACH COMMUNITY REDEVELOPMENT AREA; AND FOR ALL
9 OTHER PURPOSES.
10
11 WHEREAS, on June 17, 2021, the City of Boynton Beach ("City") and the Boynton Beach
12 Community Redevelopment Agency("CRA") (collectively "the Parties") entered into the Interlocal
13 Agreement between the City and the CRA for the Funding of the Streetscape/Lighting
14 Improvements within the Boynton Beach Community Redevelopment Area ("Agreement"); and
is WHEREAS, on January 20, 2024, the Parties entered into the First Amendment to the
16 Interlocal Agreement between the City of Boynton Beach and the Boynton Beach Community
17 Redevelopment Agency for the Funding of the Streetscape/Lighting Improvements within the
ix Boynton Beach Community Redevelopment Area ("First Amendment"), to extend the termination
19 date of the Agreement to September 30, 2024; and
20 WHEREAS, Section 4.a. of the Agreement provides that the City shall submit a
21 reimbursement request to the CRA no later than 90 days after payment by the City of funds for
22 which it is seeking reimbursement, and in no case later than 45 days prior to the end of each Fiscal
23 year in which the individual improvements achieve final completion; and
24 WHEREAS, Section 4.c. of the Agreement further provides that if the City fails to submit a
25 Reimbursement Request within 45 days prior to the end of the Fiscal Year in which the individual
26 improvements achieve final completion, the City will no longer be eligible to receive any
27 reimbursement and the Agreement shall terminate; and
28 WHEREAS, in July, 2024, the City submitted a letter requesting that the CRA waive the
29 time period in which the City is required to submit a reimbursement request in order to allow the
30 CRA to accept Invoice 92807 from the City and allow payment for the same from CRA PO#1930-
31 R1; and
32
33 WHEREAS, Section 10 of the Agreement provides that no party shall be deemed to have
34 waived any rights related to the other Party's failure to perform unless such waiver is in writing
35 and signed by both Parties; and
36 WHEREAS, the CRA desires to waive the time period required for submittal of Invoice
37 92807 under Sections 4.a. and 4.c. of the Agreement and to process the same for payment; and
38 WHEREAS, the City Commission, upon the recommendation of staff, has deemed it in the
39 best interests of the city's citizens and residents to approve a Waiver of Deadline to the Interlocal
40 Agreement between the City of Boynton Beach and the Boynton Beach Community
41 Redevelopment Agency for the Funding of the Streetscape/Lighting Improvements within the
42 Boynton Beach Community Redevelopment Area.
43
44 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON
45 BEACH, FLORIDA, THAT:
46 SECTION 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as
47 being true and correct and are hereby made a specific part of this Resolution upon adoption.
48 SECTION 2. The City Commission of the City of Boynton Beach, Florida, does hereby
49 approve a Waiver of Deadline, between the City of Boynton Beach and the Boynton Beach
50 Community Redevelopment Agency for the Funding of the Streetscape/Lighting Improvements
51 within the Boynton Beach Community Redevelopment Area (the "Waiver"), in form and substance
52 similar to that attached as "Exhibit A."
53 SECTION 3. The City Commission of the City of Boynton Beach, Florida, hereby
54 authorizes the Mayor to execute the Waiver and such other related documents as may be
55 necessary to accomplish the purpose of this Resolution.
56 SECTION 4. The City Clerk is hereby directed to file the fully-executed original Waiver
57 with the Clerk of the Circuit Court of Palm Beach County, Florida, as required by Section 163.01(11),
58 Florida Statutes, for interlocal agreements.
59 SECTION 5. The City Clerk shall retain the recorded original of the Waiver as a public
60 record of the City. A copy of the recorded Waiver shall be provided to Adrianna Greco-Arencibia
61 to provide to the CRA.
62 SECTION 6. This Resolution shall take effect in accordance with law.
63
64 PASSED AND ADOPTED this 3ret day of 3Q 2024.
65 CITY OF BOYNTON BEACH, FLORIDA
66 YEV-NO
67 Mayor-Ty Penserga
68 '/
69 Vice Mayor-Aimee Kelley
70 ,./
71 Commissioner-Angela Cruz
72 v
73 Commissioner-Woodrow L. Hay
74
75 Commissioner-Thomas Turkin
76
77 VOTE c-0
78 ATTEST:
79
80 Cl••• A) ' ! �
81 Maylee De),s PA, MM Ty :'-,r .'11,11". f Y
82 City Clerk ___-.,.„,_ May•
83 _- OYNTO `‘‘
84 ; ;�cfo Pt•..t9 ti AP'ROVED AS TO FORM:
85 (Corporate Sea 3 SEAL '.
86 i ;I•
NCORPORATED IAO87 �4 1920 , / J . i /✓
88 �it. ••F�� •
.......•••-.' Shawna G. Lamb
89 �` RCity Attorney
I hereby certify that this is a true and
/;�0�o�pN rt•e��,, •i -ct copy it appears
ton Brea,records of
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`\ FLOR
WAIVER OF DEADLINE
This WAIVER OF DEADLINE ("Waiver") is hereby formalized and approved by the
CITY OF BOYNTON BEACH, a Florida Municipal Corporation (the "City"), and the
BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY, a public agency
created pursuant to Section 163,Part III,Florida Statutes("the CRA")(collectively,"the Parties").
WHEREAS, on June 17, 2021, the Parties entered into the Interlocal Agreement
between the City and the CRA for the Funding of the Streetscape/Lighting Improvements
within the Boynton Beach Community Redevelopment Area ("Agreement"), a copy of which
is attached hereto as Exhibit A; and
WHEREAS, on January 20, 2024, the Parties entered into the First Amendment to the
Interlocal Agreement Between the City of Boynton Beach and the Boynton Beach Community
Redevelopment Agency for the Funding of the Streetscape/Lighting Improvements Within the
Boynton Beach Community Redevelopment Area ("First Amendment"),to extend the termination
date of the Agreement to September 30, 2024; and
WHEREAS, Section 4.a. of the Agreement provides that the City shall submit a
reimbursement request to the CRA no later than 90 days after payment by the City of funds for
which it is seeking reimbursement, and in no case later than 45 days prior to the end of each Fiscal
year in which the individual improvements achieve final completion; and
WHEREAS, Section 4.c. of the Agreement further provides that if the City fails to submit
a Reimbursement Request within 45 days prior to the end of the Fiscal Year in which the individual
improvements achieve final completion, the City will no longer be eligible to receive any
reimbursement and the Agreement shall terminate; and
WHEREAS, on August 5, 2024, via email, the CRA confirmed the City's request that the
CRA waive the time period in which the City is required to submit a reimbursement request in
order to allow the CRA to accept Invoice 92087 from the City and allow payment for the same
from CRA PO#1930-R1; and
WHEREAS, Section 10 of the Agreement provides that no party shall be deemed to have
waived any rights related to the other Party's failure to perform unless such waiver is in writing
and signed by both Parties; and
WHEREAS. the CRA desires to waive the time period required for submittal of Invoice
92087 under Sections 4.a. and 4.c. of the Agreement and to process the same for payment.
NOW THEREFORE, the Parties hereby agree and acknowledge:
I) Incorporation.The recitals and other information above are hereby incorporated herein as
if fully set forth.
2) Waiver. Pursuant Section 10 of the Agreement, the CRA hereby agrees to waive the time
period in which the City is required to submit a reimbursement request under Sections 4.a.
and 4.c. of the Agreement for and only for Invoice 92087, so that it may be paid from the
funds available through CRA PO #1930-R1.
Page 1of2
4868-7444-4500,v 2
3) Effective Date and Term of this Waiver. This Waiver will become effective at the date
and time that the last party signs below and lasts until the termination of the Agreement.
This Waiver shall not act to extend the Agreement.
4) General.The parties agree that all terms,conditions,and provisions of the Agreement shall
continue in full force and effect and that the sole effect of this Waiver to waive the time
period in which the City is required to submit a reimbursement request under Sections 4.a.
and 4.c. of the Agreement for and only for Invoice 92087, so that it may be paid from the
funds available through CRA PO#1930-RI.This Waiver shall not be deemed a continuing
waiver and shall not be deemed a waiver of any other term, condition, or provision of the
Agreement. This Waiver may be executed in any number of counterparts,any one and all
of which shall constitute the agreement of the Parties and each of which shall be deemed
an original.
IN WITNESS WHEREOF, the CITY and the CRA hereto have executed this Agreement as
of the later of the dates set forth below.
ATT ST: CITY OF BOYNTON BEACH,
a Florida municipal co .+ration
y
Maylee De . ,sus,CITY erk _'0,OY N TOS'
•� • T .A . ..
•POR. F
%
o'rApprov as . FIE �• GSR qTF• 1, ZOt�
U
SEAL s
.4A44144 _ . I t INCORPORATED! f
Office of the CITY Attorney ii', 1920 i
`\. FLOR10
Approved as to Form: �.`" "'—BOYNTON BEACH COMMUNITY
REDEVELOPMENT AGENCY
By: ir
ce of the CRA Attorney Ty P
Date: PAIZOsY
Page 2 of 2
4868-7444.44300,v.2
EXHIBIT "A"
R21-058
INTERLOCAL AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND THE
BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY FOR TRF FUNDING
OF THE STREETSCAPE/LIGHTING IMPROVEMENTS WITHIN THE BOYNTON
BEACH COMMUNITY REDEVELOPMENT AREA.
THIS AGREEMENT("Agreement")is made by and between the CITY OF BOYNTON
BEACH, a Florida Municipal Corporation, ("CITY"), and the BOYNTON BEACH
COMMUNITY REDEVELOPMENT AGENCY, ("CRA")(individually and collectively, the
'Party"or"Parties").
WITNESSETH:
WHEREAS,the 2016 Boynton Beach Community Redevelopment Plan("Plan")calls for
the redevelopment of the Community Redevelopment Area("CRA Area")as described in the Plan.;
and
WHEREAS,the CITY will undertake a Lighting'Improvement Project to install, replace,
and maintain exterior lighting within the right-of-ways or publicly owned properties in furtherance
of that goal;and
WHEREAS,lighting improvements is anticipated to take place in locations identified in
designated locations,as further described in Exhibit"A,"which is hereby incorporated herein;and
WHEREAS,the CRA desires to provide the CITY with funding for lighting improvements
at these locations that are within the CRA Area(the'Project");and
WHEREAS,the Project site lies within the boundaries of the CRA Area; and
WHEREAS,the Project is intended to improve the overall quality,aesthetics,and function
of these locations within the CRA Area; and
WHEREAS,the CRA Board finds that this Agreement, and the use of the CRA's funds
for the Project,is consistent with the Plan and Chapter 163,Florida Statutes; and
WHEREAS, due to the intended elimination of slum and blighted conditions, and the
beneficial neighborhood and redevelopment impact of the Project, the CRA and the CITY find
that this Agreement serves a municipal and public purpose,and is in the best interest of the health,
safety, and welfare of the CITY of Boynton Beach, including the Community Redevelopment
Area;
NOW, THEREFORE, in consideration of the mutual covenants and promises herein
contained,the parties hereby agree as follows:
oifw�i 1
1. Recitals. The recitations set forth above are hereby incorporated herein.
2. Obligations of the CRA.
a The CRA shall provide funding to the CITY in an amount not to exceed Four
Hundred Forty-five Thousand Five Hundred Sixty-one and 00/100 Dollars ($445,561), for design
services, materials and equipment, and installation costs associated with the physical
improvements of the Project consistent with the terms of this Agreement, to be used for only
reimbursement of certain eligible expenses. Eligible expenses are those expenses that are
consistent with the requirements of Florida Statutes, consistent with the Plan, directly related to
the Project,and in compliance with the requirements of this Agreement. In addition,only expenses
directly associated with design activities, lighting materials and appurtenances such as fixtures,
bulbs, wiring, banner attachments, control panels, and installation shall be considered eligible
expenses.
b. The CRA shall make payments to the CITY upon receipt of a complete written
request from the CITY for payment,so long as such request complies with all requirements of this
Agreement.
3. Obligations of the CITY.
a. The CITY shall ensure funds provided by the CRA are not used for any purposes
prohibited by § 163.370(3),Florida Statutes, or otherwise prohibited by law.
b. The CITY shall ensure that the Project is designed and constructed in compliance
with the Plan.
c. The CITY shall be responsible for overseeing the Project, coordinating with the
contractor(s), and otherwise contracting and coordinating with all other entities as necessary to
effectuate the Project, but shall coordinate with the CRA concerning compliance with the Plan.
d. The CITY shall also be responsible for the maintenance of the lighting
improvements as a result of the Project, along with contracting and coordinating with all other
entities as necessary to comply with applicable codes.
e. Upon request from the CRA, or an authorized agent of the CRA, including the
Executive Director or designee and the CRA Attorney, the CITY shall provide all documents
reasonably requested by the CRA or CRA's agent concerning compliance with this Agreement,
specifically including any documentation concerning compliance with Florida Statutes or
supporting any Reimbursement Request.
°MIMI 2
4. Reimbursement of Funds
a. The CITY shall provide a written request for reimbursement of funds
(`Reimbursement Request")meeting the requirements of this Agreement to the CRA no later than
90 days after payment by the CITY of funds for which it is seeking reimbursement, and in no case
later than 45 days prior to the end of each Fiscal Year in which the individual improvements of
Exhibit"A" achieves final completion. For purposes of this Agreement, final completion shall be
deemed achieved upon approval of a final inspection from the City,or the equivalent. The request
shall include the following information:
i. The amount of reimbursement requested;
ii. A summary of the Project improvements for which the CITY seeks
reimbursement;
iii. A statement that the Project is in compliance with the Plan and Florida Statutes,
and evidence supporting the statement.
iv. Copies of all invoices, receipts, and any other documentation necessary to
evidence the amount and purpose for each payment made by the CITY for the
Project for which the CITY is seeking reimbursement.
v. For any Reimbursement Request submitted after final completion,evidence of
an approved final inspection, or equivalent, and a final report by the City
detailing at minimum the type of lighting equipment, quantity, size, location,
and the associated maintenance program for the lighting equipment that is
installed.
b. Upon receipt of a complete Reimbursement Request from the CITY that meets the
requirements of this Agreement, the CRA shall remit funding in the amount requested, consistent
with this Agreement,to the CITY within thirty(30)days of receipt of the Reimbursement Request.
c. If the CITY fails to submit a Reimbursement Request within 45 days prior to the
end of Fiscal Year in which the individual improvements of Exhibit"A"achieves final completion,
the CITY will no longer be eligible to receive any reimbursement and this Agreement shall
terminate. If the CITY submits a Reimbursement Request that the CRA deems incomplete, the
CRA shall notify the CITY in writing. The CRA may ask for additional documentation that could
reasonably be used to evaluate or support the Reimbursement Request. The CITY shall have 30
days from receipt of the notice to provide the necessary documentation to complete the
ouaessr-i 3
Reimbursement Request. If the CITY fails to provide the documentation required by the CRA
within 30 days, the CITY shall only be eligible for the portion of the Reimbursement Request, if
any, that the CRA deems complete and eligible. The CRA will not reimburse the CITY for any
portion of the request the CRA deems ineligible for reimbursement.
S. Limits of CRA Obligations for the Project. The Parties agree that the CRA shall only be
responsible for providing reimbursement to the CITY for eligible expenses for the Project, and
shall not otherwise be responsible for effectuating the Project or maintaining any lighting
improvements as a result of the Project.
6. Indemnification.The CITY shall indemnify, save,and hold harmless the CRA, its agents,
and its employees from any liability, claim, demand, suit, loss, cost, expense or damage which
may be asserted, claimed, or recovered against or from the CRA, its agents, or its employees,by
reason of any property damages or personal injury, including death, sustained by any person
whomsoever, which damage is incidental to, occurs as a result of, arises out of, or is otherwise
related to the negligent or wrongful conduct of persons or the faulty equipment (including
equipment installation and removal)associated with the Project. Nothing in this Agreement shall
be deemed to affect the rights, privileges, and sovereign immunities of the CRA or the CITY as
set forth in Section 768.28, Florida Statutes. This paragraph shall not be construed to require the
CITY to indemnify the CRA for CRA's own negligence,or intentional acts of the CRA, its agents
or employees. Each party assumes the risk of personal injury and property damage attributable to
the acts or omissions of that party and its officers, employees and agents.
7. Term of the Agreement, This Agreement shall become valid and commence upon
execution by the last Party to this Agreement, and unless earlier terminated pursuant to this
Agreement, shall terminate after the Project has obtained an approved final inspection, or
equivalent, and the CRA reimburses the CITY for the Project, or on January 31, 2024
("Termination Date"), whichever comes first. In no case shall the CRA be required to reimburse
the CITY for any untimely requests,or requests submitted after this Agreement is terminated. The
term of the Agreement may be extended only upon the execution of a written amendment signed
by the CITY Commission and the CRA Board. Nothing in this paragraph shall be construed so as
to affect a Party's right to terminate this Agreement in accordance with other provisions in this
Agreement.
01311318-1 4
Records. The CITY and the CRA each shall maintain their own 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 at least 1 year after the termination of the Agreement,
9. Filing. The CITY shall file this Interlocal Agreement pursuant to the requirements of
Section 163.01(11)of the Florida Statutes
10. Default. Unless otherwise provided in this Agreement, if either Party defaults by failing
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 terminate this Agreement through written notice to the other Party.
Failure of any Party to exercise its right in the event of any default by the other Party shall not
constitute a waiver of such rights. No Party shall be deemed to have waived any rights related to
the other Party's failure to perform unless such waiver is in writing and signed by both Parties.
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.
11. No Third Party Beneficiaries. Nothing in this Agreement shall be deemed to create any
rights in any third parties that are not signatories to this Agreement.
12. Compliance with Laws. The CITY and the 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.
13. Entire Agreement. This Agreement represents the entire and sole agreement and
understanding between the Parties concerning the subject matter expressed herein. No terms
herein may be altered,except in writing and then only if signed by all the Parties hereto. All prior
and contemporaneous agreements, understandings, communications, conditions or
representations, of any kind or nature, oral or written, concerning the subject matter expressed
herein, are merged into this Agreement and the terms of this Agreement supersede all such other
agreements. No extraneous information may be used to alter the terms of this Agreement.
14. Severability. If any part of this Agreement is found invalid or unenforceable by any court,
such the remainder of the Agreement shall continue to be binding upon the Parties. To that end,
this Agreement is declared severable.
15. Governing Law and Venue. The terms of this Agreement shall be governed by, and
construed and enforced in accordance with,the laws of the State of Florida and the United Stales
of America, without regard to conflict of laws principles. 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, to which the Parties expressly agree and submit.
16. No Discrimination. Parties shall not discriminate against any person on the basis of race,
color, religion, ancestry, national origin, age, sex, marital status, sexual orientation or disability
for any reason in its hiring or contracting practices associated with this Agreement.
17. Notice. 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:
a. CITY Lori LaVerriere, City Manager
City of Boynton Beach
100 E.Ocean Avenue
Boynton Beach, FL 33435
b. CRA: Michael Simon, Executive Director
Boynton Beach CRA
100 E. Ocean Avenue
4th Floor
Boynton Beach, Florida 33435
c. Copies To: James A. Cherof
Goren, Cherof, Doody&Ezrol,P.A.
3099 East Commercial Boulevard,Suite 200
Fort Lauderdale, Florida 33308
mxasua 6
Tara Dully,Esquire
Lewis, Longman&Walker, P.A.
515 North Hagler Drive, Suite 1500
West Palm Beach,Florida 33401
18. No Transfer. The Parties shall not, in whole or in part, subcontract, assign, or otherwise
transfer this Agreement or any rights, interests, or obligations hereunder to any individual,
group, agency, government, non-profit or for-profit corporation, or other entity without first
obtaining the written consent of the other Party.
19. Interpretation; Independent Advice. 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 Parties declare that the terms of this Agreement
have been read and are fully understood. The Parties understand that this is a binding legal
document, and each Party is advised to seek independent legal advice in connection with the
matters referenced herein.
20.Counterparts and Transmission. To facilitate execution, this Agreement may be executed
in as many counterparts as may be convenient or required, each of which shall be deemed an
original,but all of which together shall constitute one and the same instrument. The executed
signature page(s)from each original may be joined together and attached to one such original
and it shall constitute one and the same instrument. In addition, said counterparts may be
transmitted electronically(i.e.,via facsimile or .pdf format document sent via electronic mail),
which transmitted document shall be deemed an original document for all purposes hereunder.
21.Survival. The provisions of this Agreement regarding indemnity, waiver, termination,
maintenance of trees,and records shall survive the expiration or termination of this Agreement
and remain in full force and effect.
22.Time is of the Essence. The parties acknowledge that time is of the essence in the performance
of the provisions in this Agreement.
[Signatures on following page.]
oisaues-1 7
IN WITNESS WHEREOF,the err and the CRA hereto have executed this Agreement as of
the later of the dates sol forth below.
A VI EST; CITY OF BOYNIX)N BEACif,
a Flarida_m •nici I co tion
tel Gibson,CITY Clerk Steven B.Gtam,Mayer
Appro xd as to Eonrl'V Date._,,tia?4s?1 t�`.. ;t 4,
Office of the CITY Attomcy .{-•''./.1-,...-;'... •..
Approved as to Form. I30YNTON BEACH COMMUNITY
REDEVELOPMENT 'ENCY
C
t { By;'
/5** •
r Coe of the CRA Attorney Steven B, Guilt '`hair
Date: f 7a 1/
DI MI II-I 8
EXHIBIT"A"
BOYNTON BEACH CRA STREETSCAPE/LIGHTING IMPROVEMENTS LIST
ID IMPROVEMENTS LOCATIONS*
1 Ocean Avenue(East) Ocean Avenue between Federal Highway to
Seacrest Boulevard
2 East MLK Jr.Boulevard Corridor MLK Jr. Boulevard between Seacrest Boulevard
Streetscape and Federal Highway
3 Ocean Avenue Bridge Under/Over bridge
4 FPL LED Conversion/Upgrade Both sides of Federal Highway from Gulfstrearn
Boulevard to Gateway Boulevard
5 Seacrest Boulevard(West side) NW 1st Avenue to SW 1st Avenue
Ocean Avenue(West) Ocean Avenue between Seacrest Boulevard to NW
3rd Street(along Sharrow path)
7 INCA Trail Along NE 7a' - 10th Avenues,between Federal
Highway and NE 7th Street
S Casa Costa Frontage Federal Highway in front of Casa Costa
•Note: The locations of the lighting improvements are subject to change upon mutual agreement of
the parties.
mewl 9
EXHIBIT "A"
Boynton Beach CRA Lighting Improvement List
In ;IMPROVEMENTS LOCATIONS
I Mean Avenue(Last) Ocean Avenue between Federal Highway to
Seacrest Boulevard
2 Last MU Jr.Boulevard Corridor Streetacape
MLK Jr.Boulevard between Seacrest Boulevard and
Federal Highway
—4 --
3 Ocean Avenue Bridge Under/Over bridge
4 FPI.LED Canverslon/UpQnde Both sides of Federal Highway from Gulfstream
Boulevard to Gateway Boulevard
5 Seacrest Boulevard(West side) NW 1st Street to SW let Street
Ocean Avenue between Seacrest Boulevard to NW
6 Ocean Avenue ON est) 3rd Street(along Sharrow path)
7 INCA Trail Along NE 7th-10th Avenues,between Federal
Highway and NE 7th Street
8 Caw Costa Frontage Federal Highway an front of Casa Costa
FY 2020-2021 Boynton Beach CRA Lighting Improvement Project list
IPR0IERS - - _— 'IRIOEtTY Prefect Manager UMES OF NOWT SCOPE _—_ BUDGET tDNA D1STMLT JI/OTIS —.--_
__._1I.cit'aCRA!
li Ocean Avenue between Construction-Paint existing poles Pedestrian Arms•$134,125
'Own.Avenue(East)NE 1st Street-
1 Federal '.IA Coil Moote/Thuy Shutt Federal HKhwey to black,convert single head to double S 155,125_00 Cultural District Install$21,000
• Seecrest Boulevard head ►ermh/MOT.TBD
Design-Improvementstoarca east •TS to reward,Kirnl -Hon
MIK is Boulevard of C1n[ennial M 2 9 plan`
est BILK w.Boulevard Corridor GeneDsanmyer/Theresa between Seeoest Management Coro
2 SlnrTopr L' Ultar►eck Boulevard and Feder*
Project boundaries where 5 125,000,00 Newt of Boyntwn *Coordination with CMC w
i h P01311 k such as added poleswiy ,brighter •ipermitting required
ll LIS Pro(ec.
Ill _ •Add cameras
I Upper Bridger .,
•Construction-Install security °double Ann•510$.00(1
IigMing under bridge-$TBD Single Arm•$135.000
3 .Ocean Avenue Bridge LC 'CSBBMaa IUnder/Mer bridge Expanding scope needed $ 216.500.00 Downtown Inner=$26,500
•Federal Hwy-Middle of Bridge for Painting-TED
Fixtures and Instal'r 5107,000 1e..L,Bridge:
1 �CPTED Conideredorn
IBodn 9d"of '""I Design and Construction Federal Highway,
Highway
4 �'WG
I LED Conversion/Upgrade LA. Gory Dunmyer u hone Administered by FPL;CoordMvtion $ 30,000.00 Heart of Boynton.
Gulfstream Bou kverd to whh FPl(JU
I '+Gateway Boulevard• Downtown
NW 1st StreetroSW 1st Design and Construction-FPL
5 I Sesoest Boulevard(West Wel LU. Gary Dummyer Street conversion of arm and head(light Herd of
Boynton
I fBmrn)to match east side fixture.
-.. - - - Lew Avenue between
Gary Dumnyer/Thuy Seacnrt Boulevard to To De done beton or In
6 Ocean Avenue(West)Seecsen•West LA. Shutt NW 3rd Street talo Design-Su nay costs S 60.000.00 Boynton Beach •conjunction with BBB Complete
ng Boulevard Street lm
5harrow paths -- _— I P'ovements
FY 2020-2021 Boynton Beach CRA lighting Improvement Project list
.. - --- -- 1 ily initiated Cost for
removal•
•
of blue light only
!Along NE 7th-10th •115 new light polls
Aaenues,between installation/annual oper000ll
7 TM MNMta Federal Highway and NE Construction-Removal of blue light S 60,000.00 i Federal Highway coos by Crays Agreement rtdl
7tA Street Fpl •TS to sive GD INCA
contact for City,Community
Info meeting(general Info not
-, __. design Input)
II Goo Costa Frontlet3 loll Milofederal Highway In front
'To be done before or In _
ofOwCosta 3 774000.40 otagunctlon with BBB Complete
9tfaet lmp,pvenrems
Balance from 5445,561(Budget ----- --
Amendment on 2/9/21,tine teem 002- $ (231.15409)
SB2oo4oq
FY 2020-2021 Boynton Beach CRA Lighting Improvement Project List
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