R16-017 RESOLUTION R16 -017
A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA,
APPROVING A FIRST AMENDMENT TO THE BOYNTON
VILLAGE PARK CONVEYANCE AGREEMENT BETWEEN THE
CITY OF BOYNTON BEACH AND BR CORTINA ACQUISITIONS
LLC., AND AUTHORIZING THE MAYOR TO SIGN THE FIRST
AMENDMENT; AND PROVIDING AN EFFECTIVE DATE.
11 WHEREAS, on November 17, 2015, the City Commission approved the Boynton
1 Village Park Conveyance Agreement (resolution R15 -141) between the City of Boynton Beach
1 and BR Cortina Acquisitions LLC., which requires the completion and acceptance of the park
11 by the City prior to issuance of the first certificate of occupancy for the project; and
1 WHEREAS, the applicant is requesting this amendment to the agreement to allow for
1. the issuance of certificates of occupancy for certain units and the clubhouses prior to
1 completion and acceptance of the park by the City; and
1 r WHEREAS, the City Commission of the City of Boynton Beach deems it in the best
1: interest of the residents and citizens of the City to approve the First Amendment to the Boynton
1 Village Park Conveyance Agreement.
2+ NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
2 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
2 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as
2c being true and correct and are hereby made a specific part of this Resolution upon adoption
2 hereof.
2. Section 2. The City of Boynton Beach approves the First Amendment to the
2. Boynton Village Park Conveyance Agreement and authorizes the Mayor to sign the First
2r Amendment, a copy of which is attached hereto as Exhibit "A ".
2: Section 3. That this Resolution shall become effective immediately upon passage.
23 PASSED AND ADOPTED this 2nd day of February, 2016.
33 CITY OF BOYNTON BEACH, FLORIDA
31
3 2 YES NO
33
3 4 Mayor — Jerry Taylor
33
33 Vice Mayor — Joe Casello I" '
3J
3 3 Commissioner — David T. Merker
33
4 Commissioner — Mack McCray
41
42 Commissioner — Michael M. Fitzpatrick
43
44
45 VOTE
43
47 ATTEST:
43
4 3
51 J4 ith A. Pyle, CMC
5 2 terim City Clerk
53
Ali
5 (Corporate Seal) r..
5 ' st,r yy
FIN
4 ‘"c-� �✓F v,
� '.Yd;4,yt, tip ?�,�
FIRST AMENDMENT TO BOYNTON VILLAGE PARK CONVEYANCE AGREEMENT
THIS FIRST AMENDMENT TO BOYNTON VILLAGE PARK CONVEYANCE
AGREEMENT ( " Amendment ") is made and entered into as of February , 2016 by and between
BR CORTINA ACQUISITION LLC, a Delaware limited liability company ( Cortina ") and
THE CITY OF BOYNTON BEACH, FLORIDA, a municipal corporation of the State of Florida
(the " City ", and together with BR Cortina, each a '` Party "; and together the " Parties "),
RECITALS
A. The Parties previously entered in to that certain Boynton Village Park Conveyance
Agreement with an Effective Date of November 25, 2015 (the " A�reement ') for the exchange of
certain tracts and parcels of land in the project known as Boynton Town Center located in the City
of Boynton Beach, Palm Beach County, Florida. as more particularly described in the Agreement.
B. The Parties desire to amend the Agreement as set forth in this Amendment.
NOW, THEREFORE, in consideration of the mutual covenants and agreements set forth in
this Amendment, and other good and valuable consideration, the receipt and sufficiency of which
are hereby acknowledged, the Parties agree as follows:
AMENDMENT
1. Recitals The foregoing Recitals are true and correct and are hereby incorporated
into the Amendment by this reference.
2. Defined Terms All capitalized terms used but not otherwise defined in this
Amendment shall have the same meaning given to such terms in the Agreement.
3. Certificates of Occupancy Section 8(C) of the Agreement is deleted in its entirety
and replaced with the following:
The Park Improvements shall be .substantially completed on or before the issuance of
the first certificate of occupancy for the residential units constructed within Cortina
(` Substantial Completion "); provided, however, the City agrees that certificates of
occupancy will be permitted and issued by the City prior to Substantial Completion
as follows:
0) certificates of occupancy for six (6) multi - family buildings and one (1)
clubhouse located within 'Tract A -3 of the Cortina PUD Replat Two to be recorded
in the Public Records of Palm Beach County, Florida;
(ii) certificates of occupancy for 86 single family homes on Lots 1 -115 of Cortina
PUD Replat Two to be recorded in the Public Records of Palm Beach County,
Florida OR certificate of occupancy for 85 single family homes Located on Lots I -
115 of Cortina PUD Replat Two to be recorded in the Public Records of Palm Beach
County Florida and one (1) clubhouse located within Tract D of the Cortina PUD
Replat Two to be recorded in the Public Records of Palm Beach County, Florida; and
("iii) certificates of occupancy for up to 482 units located within Tracts A -1 and A -2
of the Cortina PUD Replat Two to be recorded in the Public Records of Palm Beach
County, Florida.
Substantial Completion of the Park Improvements shall be deemed to have occurred
(a) when the Park Improvements are sufficiently complete in accordance with the
6878904 -2
terms of this Agreement so that the Park Improvements can be utilized for their
intended use, and (b) upon the issuance of a certificate from BR Cortina's engineer
that the Park Improvements have been substantially completed without regard to
whether the Park Improvements have been conveyed to, or accepted by, the City. If
a dispute arises between the parties as to Substantial Completion of the Park
Improvements, then such determination shall be made by an independent third party
engineer chosen by BR Cortina's engineer and the City within ten (10) days
following notice from BR Cortina and/or the City that there is a dispute in regard to
the Substantial Completion of the Park Improvements; the non - prevailing party in
such a dispute shall pay for the actual cost of the third party engineer. The
provisions of this Section shall survive the Closing Date,
4. Miscellaneous Except as modified or amended by this Amendment, the Parties
hereby ratify and confirm the Agreement in all respects and the same shall remain in lull force and
effect as originally set forth in the Agreement and be binding on the Parties in accordance with its
terms, This Amendment shall be binding upon and inure to the benefit of the Parties, and their
respective heirs, personal representatives, successors and assigns.
S. Counterparts This Amendment may be executed in two or more counterparts, each
of which shall be an original but all of which shall constitute one instrument. An executed facsimile
copy or e -mail delivery of a ".pdf ' format data file shall be an acceptable form of acceptance of this
Amendment, and shall be considered an original for all purposes.
6. Conflicts In the event of any conflict between the terms of the Agreement and the
terms of this Amendment, the terms of this Amendment shall control.
IN WITNESS WHEREOF, the Parties have executed this Amendment as of the date set
forth above.
BR CORTINA ACQUISITION LLC,
a Delaware limited liability company
ATTEST:
P
Jq4ith A. Pyle, CMC �'
Interim City Clerk
Approved as to Form:
Office of the City Attorney
By: Bridge Cortina Management, LLC
a Florida limited liability, its non- member
managly
t
By.`��.
Name:
Title:
d
CITY OF BOYNTON BEACH, a municipal
corporation of the State of Florida
By
(SEY
6878904 -1