R95-198RESOLUTION NO. R95 -/~
A RESOLUTION OF THE CITY CO~ISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA,
AUTHORIZING AND DIRECTING THE MAYOR AND
CITY CLERK TO EXECUTE ADDENDUM III TO THE
CONCEPTUAL APPROVAL AGREEMENT FOR THE
ROSEMARY SCRUB ACQUISITION PROJECT,
BETWEEN THE CITY OF BOYNTON BEACH, PALM
BEACH COUNTY AND THE FLORIDA COMMUNITIES
TRUST ("FCT"); A COPY OF SAID ADDENDUM
IS ATTACHED HERETO AS EXHIBIT "A"; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the parties hereto have entered into a
Conceptual Approval Agreement which sets forth the conditions
of conceptual approval that must be satisfied by FCT Recipient
prior to the receipt of the FCT Preservation 2000 award and
the restrictions that are imposed on the Project Site
subsequent to its acquisition with the FCT Preservation 2000
award; and
WHEREAS, the initial term of the Conceptual Approval
Agreement expired December 4, 1994 and was previously extended
to June' 4, 1995, by execution of Addendum I and further
extended to December 4, 1995, by execution of Addendum II; and
WHEREAS, the FCT Recipient in accordance with General
Conditions paragraph 2 of the Conceptual Approval Agreement
and in compliance with Rule 9K-4.010(2) (k), F.A.C., has timely
submitted to FCT a written request for extension of the
December 4, 1995, deadline;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY
COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
~ The City Commission of the City of Boynton
Beach, Florida hereby does authorize and direct the Mayor and
City Clerk to execute Addendum III of the Conceptual Approval
Agreement for the Rosemary Scrub Acquisition Project between
the City of Boynton Beach, Palm Beach County and the Florida
Communities Trust (FCT), which Agreement is attached hereto as
Exhibit "A", extending the deadline to June 4, 1996.
~ That this Resolution
effective immediately upon passage.
shall become
PASSED AND ADOPTED this /~ day of December, 1995.
Mayor
'or Pro Tem
ATTEST:
(Corporate Seal)
Authsig. doc
Rosemary Scrub-12/14/95
i~ner
R96 55 D
.((AN 0 9 1996
CONTRACT �5C/-7 .3f1 ` V O01 FLORIDA COMMUNITIES TRUST
P3A AWARD# 93- 008 -P3A
ADDENDUM III TO CONCEPTUAL APPROVAL AGREEMENT
THIS ADDENDUM III to the Conceptual Approval Agreement is
entered into by and between the FLORIDA COMMUNITIES TRUST
( "FCT "), a nonregulatory agency within the State of Florida
Department of Community Affairs, and CITY OF BOYNTON BEACH, a
municipality within the State of Florida and PALM BEACH COUNTY, a
political subdivision of the State of Florida ( "FCT Recipient "),
this ` 7-LA_ day of e�a. , 199g.
WHEREAS, the P arties hereto entered into a Conceptual
Approval Agreement which sets forth the conditions of conceptual
approval that must be satisfied by FCT Recipient prior to the
receipt of the FCT Preservation 2000 award and the restrictions
that are imposed on the Project Site subsequent to its
acquisition with the FCT Preservation 2000 award;
WHEREAS, the initial term of the Conceptual Approval
Agreement expired December 4, 1994;
WHEREAS, the Conceptual Approval Agreement was amended by
ADDENDUM I to expire June 4, 1995, and by ADDENDUM II to expire
December 4, 1995;
WHEREAS, the FCT Recipient in accordance with GENERAL
CONDITIONS paragraph 2 of the Conceptual Approval Agreement and
in compliance with Rule 9K- 4.010(2)(k), F.A.C., has timely
submitted to FCT a written request for extension of the December
4, 1995, deadline;
WHEREAS, GENERAL CONDITIONS paragraph 10 of the Conceptual
Approval Agreement states that the agreement may be amended at
any time prior to FCT giving final project plan approval to the
FCT Recipient. Any agreement must be set forth in a written
instrument and agreed to by both the FCT Recipient and FCT;
WHEREAS, the parties hereto desire to extend the term of the
Conceptual Approval Agreement as provided by Rule 9K- 4.010(2)(k),
F.A.C.;
NOW THEREFORE, the FCT and FCT RECIPIENT mutually agree as
follows:
1. Notwithstanding the language of Section I. GENERAL
CONDITIONS, paragraph 2. and paragraph 10., the parties hereby
ADDIII /93- 008 -P3A
DFT /11 -9 -95
agree to revive it nunc pro tunc as though it had not lapsed in
accordance with paragraph 2.
2. In every respect, this amendment is to be construed and
applied as though the parties had both signed it before December
4, 1995.
3. The Conceptual Approval Agreement by and between FCT
and FCT Recipient is hereby extended until June 4, 1996.
4. The date of execution of this addendum shall be the
date that the last party signs this addendum.
THIS ADDENDUM III TO CONCEPTUAL APPROVAL AGREEMENT, ADDENDUM II,
ADDENDUM I and the CONCEPTUAL APPROVAL AGREEMENT and its Exhibits
"A" and "B" embody the entire Agreement between the parties.
IN WITNESS WHEREOF, the parties hereto have duly executed this
ADDENDUM III TO CONCEPTUAL APPROVAL AGREEMENT.
ATTEST: PALM BEACH COUNTY, FLORIDA
Dorothy %,,,4ilken, Clerk BOARD OFF OUN Y COMMISSIONERS
B Y : �. • t itika
BY:
• 0 ,/ Chi'
Da% c o u N T 101 9 1996 Date: J N 0 9 1996
O RW
c,k ,
Accepte$V 'to / ibrm and Legal
Suffici-ncy:
BY : o�, # . / Irk _ Date: I S 9 w
County - orn -
R9h 5 5 D
ADDIII /93- 008 -P3A
DFT/11 -9 -95
CITY OF BOYNTON BEACH
ATTEST: As to the Cit / ��
B + .,%_..d-e.. • � i' . By:
/
Title: C ge. Title: A
Date: / al 9- Date: /
Accepted to -g A rm and Su ficiency:
/2/')/S
By: Date:
City A to 'ey li
FLORIDA COMMUNITIES TRUST
Ar .. _-,.. .lL4... LI
Jame- . Murley, Chair /
Date: 24 1G
Accepted as to Form and Legality:
(i/
� p 7r
Date:
/
R9h 55 0
ADDIII /93- 008 -P3A
DFT/11 -9 -95
CITY OF BOYNTON BEACH
ATTEST:
Title: ~~
Date: ///~/'~,~,.~ '
Accepted Leg 1 F rm a d
By: ' '
Cit~-~ttorney %/
As.to the City ~___~
Date:
Sufficiency:
Date:
FLORIDA COMMUNITIES TRUST
James F. Murley, Chair
Date:
Accepted as to Form and Legality:
Date:
ADDIII/93-008-P3A
DFT/ll-9-95