R09-042
I J I
1 RESOLUTION NO. R09- Dt.I ~
2
3
4 A RESOLUTION OF THE CITY COMMISSION OF
5 BOYNTON BEACH, FLORIDA, APPROVING AND
6 AUTHORIZING THE MAYOR TO EXECUTE
7 AMENDMENT NO.2 TO THE AGREEMENT BETWEEN
8 THE CITY OF BOYNTON BEACH AND THE BOYNTON
9 BEACH COMMUNITY REDEVELOPMENT AGENCY
10 TO PROVIDE FOR THE INSTALLATION OF PUBLIC
11 IMPROVEMENTS ON SOUTHEAST 4TH STREET AND
12 REFLECT THE REVISED CRA COST; AND
13 PROVIDING AN EFFECTIVE DATE.
14
15
16 WHEREAS, on February 7, 2006, the City and CRA entered into an Interlocal
17 Agreement for the purpose of sharing the costs of various improvements along SE 4th Street
18 corridor from Southeast 2nd Avenue to Southeast 12th Avenue which improvements are located
19 within the boundaries of the CRA; and
20 WHEREAS, on December 9,2008, the City and CRA entered into Amendment No 1
21 to the Interlocal Agreement; and
22 WHEREAS, the CRA received notification of an allocation of District IV Gas Tax
23 Funding in the amount of $300,000.00 to offset costs of various beautification/streetscape
24 elements of the project. These funds will go directly to the City thereby reducing the CRA's
25 financial obligation to the City regarding the Interlocal Agreement; and
26 WHEREAS, the City Commission of the City of Boynton Beach, upon
27 recommendation of staff, deems it to be in the best interests of the residents and citizens of the
28 City of Boynton Beach to approve Amendment No.2 to the Interlocal Agreement between the
29 City of Boynton Beach and Boynton Beach Community Redevelopment Agency to provide
30 for the installation of public improvements on Southeast 4th Street.
S.ICAIRESO\Agreements..lnterlocalsILA with CRA SE 4TH STREET Amendment No 2.doc
II I
1 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
2 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
3 Section 1. Each Whereas clause set forth above is true and correct and
4 incorporated herein by this reference.
5 Section 2. The City Commission of the City of Boynton Beach, Florida does
6 hereby approve and authorize the Mayor to execute Amendment No. 2 to the Interlocal
7 Agreement between the City of Boynton Beach and the Boynton Beach Community
8 Redevelopment Agency to provide for the installation of public improvements on Southeast
9 4th Street, a copy of said Amendment is attached hereto as Exhibit "A".
10 Section 3. That this Resolution shall become effective immediately upon passage.
11 PASSED AND ADOPTED this 2/sJ. day of March, 2009.
12 CITY OF BOYNTON BEACH, FLORIDA
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28 ATTEST:
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A with CRA SE 4TH STREET Amendment No 2.doc
R 09 - oL/d...
EXHIBIT A
SECOND AMENDMENT TO INTERLOCAL AGREEMENT BETWEEN THE BOYNTON BEACH
COMMUNITY REDEVELOPMENT AGENCY AND THE CITY OF BOYNTON BEACH TO
PROVIDE FOR THE INSTALLATION OF A PUBLIC IMPROVEMENTS ON SOUTHEAST 4TH
STREET
This Second Amendment to the Interlocal Agreement, is made and entered into this
_ day of 2009, by and between the BOYNTON BEACH COMMUNITY
REDEVELOPMENT AGENCY, hereinafter referred to as "CRA" and the CITY OF BOYNTON
BEACH, a municipal corporation of the State of Florida, hereinafter referred to as "City," and
WITNESSETH;
WHEREAS, the CRA and the City entered into an Interlocal Agreement dated
February 7,2006 (the "Interlocal Agreement"); and
WHEREAS, the CRA and the City entered into Amendment No. 1 to the Interlocal
Agreement dated December 9, 2008; and
WHEREAS, the CRA and the City agree to amend the Interlocal Agreement as
hereinafter set forth.
NOWTHEREFORE, In consideration of the terms and provisions hereof and other
good and valuable consideration, the receipt and sufficiency of which is hereby
acknowledged by each of the parties it is agreed as follows;
1. Section 3. COMPENSATION is hereby amended by revising the following
Paragraph 3.02 to read as follows;
3.02 The Table 1 'CRA Share' of $1,273,000 will be reduced to $973,000 upon the receipt
of the Count grant in the amount of $300,000, which grant although awarded to the CRA will
be paid directly to the City. Such grant is expected to be paid no later than September 30,
2009. The remaining balance to be paid by the CRA to the City of $973,000 will be paid to
the City upon billing by the City after the receipt of Tax Increment Revenue from the City of
Boynton Beach and Palm Beach County for the Fiscal Year 2010/2011. However, if
construction related to the CRA Share is not completed, no funds will be expended until and
unless such construction is completed and the CRA receives supporting documentation of
such completion of the CRA Share. Payments shall be made by the CRA no later than thirty
(30) days after receipt of an invoice and the supporting documentation from the City. Said
payments will be made payable to the City of Boynton Beach and mailed to Attn: Finance
Department, City of Boynton Beach, 100 E. Boynton Beach Boulevard, Boynton Beach,
Florida 33425. In the event of any dispute between the City and consultant(s) or
contractor(s) over the right to receive all or any payments under the contracts(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.
C:\Documents and Settings\laverrierel\Local Settings\Temporary Internet Files\OLK5B\Amendment No 2
- 4th Street ILA.doc
2. In all other respects, the parties ratify and confirm the Interlocal Agreement dated
February 14, 2006 and Amendment NO.1 dated December 9,2008.
IN WITNESS WHEREOF, the parties have set their hands and seals this :1..- day of
~k~l--, ,2009.
BOYNTON BEACH COMMUNITY
REDEVELOPMENT AGENCY, a public
agency organized and existing under the laws of
the State of Florida.
CITY OF BOYNTON BEACH, a municipal
corporation organized and existing under
The laws of the State of Florida.
By:
m. ~ './
CITY SEAL
-_....~_. .
C:\Documents and Sertings\laverrierel\Local Settings\Temporary Internet Files\OLK5B\Amendment No 2
- 4th Street ILA.doc
Stanzione, Tammy
From: Stanzione, Tammy
Sent: Tuesday, March 10, 2009 10:17 AM
To: Bright, Lisa
Cc: Buckley, Ashley
Subject: Resolution 09-042 2nd Amendment to ILA between the Boynton Redevelopment Agency and
the City of Boynton Beach
Importance: High
Attachments: Scan09031 0091 031. pdf
~
Scan090310091031
.pdf (241 KB)
Attached for your information and your files is a copy of the agreement mentioned above.
Tammy L. Stanzione
Administrative Associate
City Clerk's Office
City of Boynton Beach
(561) 742-6060
stanzionet@bbfl.us
-----Original Message-----
From: bizhub@ci.boynton-beach.fl.us [mailto:bizhub@ci.boynton-beach.fl.us]
Sent: Tuesday, March 10, 2009 10:11 AM
To: Stanzione, Tammy
Subject:
1