R93-193RESOLUTION NO. R93-/~
A RESOLUTION OF THE CITY COMMISSION 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
SEACREST SCRUB JOINT CITY/COUNTY
ACQUISITION PROJECT; A COPY OF WHICH IS
ATTACHED HERETO AS EXHIBIT "A"; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Conceptual Approval Agreement (CAA) was
amended in August, 1993 to reflect the new expiration date of
September 30, 1993; and
WHEREAS, the Governing Board of the Florida Communities
Trust (FCT~ subsequently extended the September 30, 1993
deadline to January 31, 1994; and
WHEREAS, Addendum III to the Conceptual Approval
Agreement updates our CAA to indicate this current expiration
date of January 31, 1994,
WHEREAS, the City Commission of the City of Boynton
Beach, Florida, upon recommendation of staff, has deemed it to
be in the best interests of the citizens and residents of the
City of Boyaton Beach, Florida to execute Addendum III to the
Conceptual Approval Agreement for the Seacrest Scrub Joint
City/County Acquisition project to update our CAA to indicate
the current expiration date of January 31, 1994.
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 hereby does authorize and direct the Mayor and
City Clerk'%o execute Addendum III to the Conceptual Approval
Agreement, attached hereto as Exhibit "A".
Section 2. That this Resolution shall
effective immediately upon passage.
PASSED AND ADOPTED this ~ day of December,
ATTE ST:
CICA/ Clerk
(Co~p0rate Seal)
become
1993.
OF BOYN~N BEACH, FLORIDA
~ ~ ,~yor
Co, loner
Authsig.doc
S/Crest,Pro,AddIII
12/1/93
CONTRACT ~93-CT-XX-gX-1A-AX-022
FLORIDA COMMUNITIES TRUST
PlA AWARD ~ 91-022-PLA
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 PALM BEACH COUNTY and CITY OF BOYNTON BEACH
("FCT Recipient"), this __ day of ., 1993.
WHEREAS, the parties hereto entered into a Conceptual Approval
Agreement which sets forth the conditions of conceptual approval
that must be satisfied byFCT Recipient prior to the receipt of the
FCT Preservation 2000 Series 1991A award and the restrictions that
are imposed on th~ Project Site subsequent to its acquisition with
the FC~ Preservation 2000 series 1991A award;
I. WHEREAS, the initial term of the Conceptual Approval Agreement
expired January 30, 1993;
WHEREAS, the Conceptual Approval Agreement was amended by
ADDENDUM I to expire July 31, 1993, and by ADDENDUM II to expire
September 30, 1993.
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)(h), F.A.C. (1992), has timely
submitted to FCT a written request for extension of the September
30, 1993, 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
II. WHEREAS, Section II. of the Conceptual Approval Agreement
requires that title to the Project Site be first transferred to the
Board of Trustees of the Internal Improvemen= Trust Fund prior to
conveyance to the FCT Recipient;
WHEREAS, Section 259.101(3), Florida Statutes was amended,
effective October 1, 1993, to delete the requirement that title to
lands purchased pursuant to that statute be vested in the Board of
Trustees of the Internal Improvement Trust Fund;
WHEREAS, Sections 380.510(3) and (4), Florida Statutes
enumerates certain requirements for a grant agreement;
WHEREAS, the parties hereto desire to amend the Conceptual
Approval Agreement to comply with these statutory requirements; and
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 instrumen=
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, ~ ~ -
p~._ =_a~_~ 9~ and paragraph 19_. the parties hereby
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
applied as though the parties had both signed it
30, 1993.
be construed and
before September
3. The Conceptual Approval Agreement by and between
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FCT and
FCT Recipient is hereby extended until January 31, 1994.
4. Section II. is hereby replaced, revised and superseded by
the following:
II. PROJECT SITE ACQUISITION REQUIREMENTS
253, CHAPTER 259, CHAPTER 375, AND CHAPTER
FLORIDA STATUTES.
IMPOSED BY CHAPTER
380, PART III,
FCT RECIPIENT AGREES AS FOLLOWS:
1. FCT shall approve the terms under which the interest in
land is acquired.
2. Title to the Project Site shall be titled in the FCT
Recipient.
3. The transfer of title to the FCT Recipient for the
Project Site shall not occur~ until the requirements for the
acquisition of state lands as specified in Section 253.025, Florida
Statutes, and Rule Chapter 18-1, F.A.C., have been fully complied
with by the FCT Recipient and FCT.
4. Any deed whereby the FCT Recipient acquires title to the
Project Site'shall contain such covenants and restrictions as are
sufficient to ensure that the use of the Project Site at all times
complies with Section 375.051, Florida Statutes and Section 9,
Article XII of the State Constitution and shall contain clauses
providing for the conveyance of title to the Project Site in the
Board of Trustees of the Internal Improvement Trust Fund upon
failure to use the Project Site conveyed thereby for such purposes.
5. A Grant Award Agreement containing such covenants and
restrictions as are sufficient to ensure that the use of the.
Project Site at all times complies with Section 375.051, Florida
Statutes and Section 9, Article XII of the State Constitution,
containing clauses providing for the conveyance of title to the
Project Site in the Board of Trustees of the Internal Improvement
Trust Fund upon failure to use the Project Site for such purposes
and describing the real property subject to the Agreement shall be
executed by the FCT and FCT Recipient at the time of the conveyance
of the Project Site and shall be recorded in the county in which
the Project Site is located.
6. If any essential term or condition of the grant is
violated, and the FCT Recipient does not correct the violation
within 30 days of written notice of violation, title to all
interest in the Project Site shall be conveyed to the Board of
Trustees of the Internal Improvement Trust Fund. The deed
transferring title to the Project Site to the FCT Recipient shall
set forth the executory interest of the Board of Trustees of the
Internal Improvement Trust Fund.
7. The interest,
Project Site will not
Recipient.
if any, acquired by the FCT Recipient in the
serve as security for any debt of the FCT
8. If the existence of the FCT Recipient terminates for any
reason, title to all interest in real property it has acquired with
the FCT award shall be conveyed to the Board of Trustees of the
Internal Improvement Trust Fund, unless FCT negotiates an agreemen~
with another local government or nonprofit organization.
9. The Project Site shall be managed only for the
conservation, protection and enhancement of natural and historical
resources and for passive, natural resource-based public outdoor
recreation which is compatible with the conservation, protection
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and enhancement of the Project Site, along with other related uses
necessary for the accomplishment of this purpose. The proposed
uses for the Project Site must be specifically designated in the
project plan.
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 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 duly executed this
ADDENDUM III TO CONCEPTUAL APPROVAL AGREEMENT.
AGREED AND ACCEPTED, this
DAY OF , 1993
ATTEST:
Dorthy H. Wilken, Clerk
PALM BEACH COUNTY, FLORIDA
BOARD OF COUNTY
COMMISSIONERS
BY:
Deputy Clerk
Date:
BY:
Chair
Date:
(SEAL)
Accepted as to Legal Form and Sufficiency:
BY:
County Attorney
CITY OF BOYNTON BEACH
ATTEST:
Date:
TITLE: MAYOR
Date: /~- id~ 93
Accepte~.as ~o Legal Form and
Date. //¢/q3
Sufficiency:
FLORIDA COMM73NITIES TRUST
~=Fu~ as to Legal and
Sufficiency:
Linda Loomis Shelley, Chairman
Date:
Date:
CAA/022-P1A
ADDIII/9-29-93
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