R94-024RESOLUTION NO. R94-~
A RESOLUTION OF THE CITY COMMISSION
OF THE CITY OF BOYNTON BEACH,
FLORIDA, AUTHORIZING AND DIRECTING
THE MAYOR AND CITY CLERK TO EXECUTE
ADDENDUM IV TO THE CONCEPTUAL
APPROVAL AGREEMENT (CAA) FOR THE
SEACREST SCRUB JOINT CITY/COUNTY
ACQUISITION PROJECT; AND PROVIDING
AN EFFECTIVE DATE.
WHEREAS, the City has previously entered into an Conceptual
Approval Agreement with Florida Communities Trust (FCT) and Palm
Beach County, with the initial term of the Agreement expiring
January 30, 1993; and
WHEREAS, said expiration date has been ex=ended by Addendum
No. II and III; and
WHEREAS, the option agreemen= has been executed, and the new
deadline has been extended by the governing board of the FTC by
Addendum IV "for a time sufficient for closing",
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA THAT:
Section 1. The City Commission of the City of Boynton
Beach, Florida does hereby authorize and direct the Mayor and City
Cl~erk to execute Addendum IV to the Conceptual Approval Agreement
(CAA) for the Seacres= Scrub Joint City/County Acquisition Project,
which Addendum is attached hereto as Exhibit "A".
Section 2.
upon passage.
This Resoiution shall take effect im~aediately
PASSED AND ADOPTED this
ATTEST:
Ci~ Clerk
CITY
vj
~ay~
'' sio~
day of February,
OF BOSTON BEACH,
~Pro ~
1994.
FLORIDA
(Corporate Seal)
SeaCrest. AddiV
2/10/94
CONTRACT #9~-CT-11-91-1A-A1-02~
FLORIDA COM/~3NITIES TRUST
PlA AWARD ~ 91-022-PLA
ADDENDUM IV TO CONCEPTUAL APPROVAL A~REEMENT
~-~ THIS ADDENDUM IV to the Conceptual Approval Agreement is
entered into by and between the FLORIDA COMMUNITIES TRUST ("FCT',),
a nonr~gulatory agency within the Stat
.... CommunltyAffairs, and PALM BEACH COUNT; of Florida Department of
and CITY OF BOYNTON BEACH
("FCT Recipient..), this day of , 1994.
WHEREAs, the parties here=o entered into a Conceptual Approval
Agreement which sets forth the condit'
~hatm~st be satisfied bv FC~ ~-~'- ~lon~ of. conceptual a prova
rCT Preservation 2000 - ~' ~ ~-~m~n= prior to the recei~;p .... 1
oerles 1991A award and the restrictions ~ Uath=u =~
are imposed-on the Project Site subsequent to its acquisition with
the FCT Preservation 2-000 Series 1991A award;
WHEREAS, the initial term of the Conceptual Approval Agreement
expired January 30, 1993;
WHEREAs, the Conceptual Approval A tee
ADDENDD]4 I to e~ir ....... g merit was ame~ ~.
September 30, 19~ -~=~m~-31' 1993, by ADDENDUM i~ ~-~-~ m~
· ~u my ADDENDUM I~? ~ .... ~ uu expire
~ uu ~xplre January 31, 1994.
CONDITIONS paragraph 2 of the Conceptual Approval Agreement and in
compliance with Rule 9K-4.010(2) (h), F.A.C: (1992), has timely
submitted to FCT a written request for extension of the January 31,
1994, deadline;
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. (1992); and
WHEREAs, GENERAL CONDITIONS ara
A~proval Agreement states _P grap~ 10 of the Conce
t '~ . that th= a tee ptual
lme prior to FCT giving final ~r~-~m-e~= may be a~ended at any
Recipient. Any agreement mus~ be set forth in a written ins=rument
~ ~=uu plan approval to ~he FCT
and agreed to by both the FCT Recipient and FCT;
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
i 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
1994.applied as though the ~arties had both signed it before January 31,
. 3. If the seller does not execute an Option Agreement b
' January 31, 199~, the Conceptual A--royal -- · - Y
it FCT and FCT ' · PP agreement. Dy and between
Recipient is hereby extended until April 30, 1994.
4. If the seller executes an Option Agreement by January 31,
1994· the Conceptual Approval Agreement by and between FCT and FCT
Recipient is hereby extended for a time sufficient for closing.
!The date of execution of this addendum shall be the date that the
~ last party signs this addendum.
.~THIS ADDENDUM IV TO CONCEPTUAL APPROVAL AGREEMENT, ADDENDUM III,
ADDENDUM Ii and ADDENDUM I to the CONCEPTUAL APPROVAL AGREEMENT and
the CONCEPTUAL APPROVAL AGREEMENT and its Exhibit "A" embody the
entire Agreement between the parties.
IN WITNESS WHEREOF, the parties hereto have
ADDENDUM IV TO CONCEPTUAL APPROVAL AGREEMENT.
AGREED AND ACCEPTED, this
_ DAY OF ., 1994
ATTEST:
Dorthy H. Wilken, Clerk
BY:
duly executed this
PALM BEACH COUNTy, FLORIDA
BOARD OF COUNTy
COMMISSIONERS
Deputy Clerk BY:
Chair
Date:
Date:
(SEAL)
Accepted as to Legal
BY:
County Attorney
CITY OF BOY~0N BFACH
ATTEST: '
Form and Sufficiency:
As.
· E~ward gar- me~g
TITLE. Mayor
Date:
Accepted as to Legal Form and Sufficiency:
Date: ~,~I~ ~
FLORIDA COMMUNITIES TRUST
Accepted as to Legal and
Sufficiency:
Linda Loomis Shelley, Chairman
Date:
Date:
CAA/022-PiA
ADDIV/1-6-94
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