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R19-085 ]. RESOLUTION NO. R19-085 2 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, 3 APPROVING AND AUTHORIZING THE MAYOR TO SIGN AN THE FIRST AMENDMENT TO INTERLOCAL AGREEMENT BETWEEN 5 THE CITY OF BOYNTON BEACH AND THE BOYNTON BEACH 6 COMMUNITY REDEVELOPMENT AGENCY TO PROVIDE 7 ADDITIONAL FUNDING FOR CERTAIN IMPROVEMENTS AT 8 SARA SIMS PARK; PROVIDING FOR AMENDMENT TO THE FY 9 2019-2020 BUDGET, WHICH WILL ADJUST BUDGETED 10 APPROPRIATIONS AND REVENUE SOURCES AND PROVIDE 11 SPENDING AUTHORITY FOR THE CAPITAL IMPROVEMENT 12 FUND (302) AS IT RELATES TO THE AMENDED INTERLOCAL 13 AGREEMENT; AND PROVIDING AN EFFECTIVE DATE. 14 WHEREAS; on October 2, 2018 the City Commission, via Resolution R18-143, 15 approved the Interlocal Agreement between the City and the CRA for partial funding associated 16 with the Sara Sims Improvement Project; and 17 WHEREAS, the First Amendment to the Interlocal Agreement will add an additional 18 $45,000 to the original amount to fund the reassembly of the amphitheater canopy at Sara Sims 19 Park; and 20 WHEREAS, the City Commission of the City of Boynton Beach, Florida, upon the 21 recommendation of staff, deems it to be in the best interests of the City residents to approve and 22 authorize the Mayor to sign the First Amendment to the Interlocal Agreement with the Boynton 23 Beach Community Redevelopment Agency to provide additional funding for certain 24 improvements at Sara Sims Park and to amend the FY 2019-2020 budget, which will adjust 25 budgeted appropriations and revenue sources and provide spending authority for the Capital 26 Improvement Fund(302) as it relates to the amended ILA. 27 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 28 THE CITY OF BOYNTON BEACH,FLORIDA,THAT: 29 Section 1. Each Whereas clause set forth above is true and correct and incorporated 30 herein by this reference. 31 Section 2. The City Commission of the City of Boynton Beach,Florida does hereby 32 approve and authorize the Mayor to sign the First Amendment to the Interlocal Agreement Cs\Users\Stanzionet\Appdata\Local\Microsoft\Windows\Inetcache\IE\DHLI SSRX\First_Amendment_To_ILA_With_CRA_For_Partial_Fun ding_For_Sara_Sims_Park_-_Reso.Docx 33 between the City of Boynton Beach and the Boynton Beach Community Redevelopment 34 Agency to provide $45,000 in additional funding for certain improvements at Sara Sims Park, 35 a copy of the First Amendment to Interlocal Agreement is attached hereto as Exhibit"A". 36 Section 3. The City Commission approves amending the FY 2019-2020 budget, 37 which will adjust budgeted appropriations and revenue sources and provide spending authority 38 for the Capital Improvement Fund (302) as it relates to the amended Interlocal Agreement. 39 Section 4. That this Resolution shall become effective immediately upon passage. 40 PASSED AND ADOPTED this o7Day ofS-f- , 2019. 41 42 CITY OF BOYNTON BEACH, FLORIDA 43 44 YES NO 45 46 Mayor-Steven B. Grant 47 48 Vice Mayor-Justin Katz 1/- 49 50 Commissioner-Mack McCray 51 52 Commissioner-Christina L. Romelus 53 54 Commissioner-Ty Penserga 55 56 57 58 VOTE S--19 59 ATTEST: 60 61 62 C tal Gibson, MMC 63 City Clerk 64 65 (Corporate Seal) X01' 'Tn 66 • �t •'.• rog 1920 : CAUsers\StanzioneMppdata\Local\Microsoft\Windows\Inetcache\IE\DHL 1 SBRx\First_Amendment_To_ILA_With_CRA_For_Partial_Fun ding_For_Sara_Sims_Park_-_Reso.Docx FIRST AMENDMENT TO THE INTERLOCAL AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND THE BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY FOR THE FUNDING OF CERTAIN PORTIONS OF THE SARA SIMS PARK IMPROVEMENT PROJECT LOCATED WITHIN THE COMMUNITY REDEVELOPMENT AREA This FIRST AMENDMENT TO THE INTERLOCAL AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND THE BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY FOR THE FUNDING OF CERTAIN PORTIONS OF THE SARA SIMS PARK IMPROVEMENT PROJECT LOCATED WITHIN THE COMMUNITY REDEVELOPMENT AREA("First Amendment")is entered into by and between the City of Boynton Beach("CITY") and the Boynton Beach Community Redevelopment Agency("CRA")(collectively referred to as the"Parties"). WHEREAS, the Parties previously entered into the INTERLOCAL AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND THE BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY FOR THE FUNDING OF CERTAIN PORTIONS OF THE SARA SIMS PARK IMPROVEMENT PROJECT LOCATED WITHIN THE COMMUNITY REDEVELOPMENT AREA("Interlocal Agreement"); and WHEREAS, the Parties desire that the CRA provide funding for the reassembly of a certain amphitheater at Sara Sims Park(the "Reassembly Project")as a part of the overall Project described in the Interlocal Agreeement; and WHEREAS, the CRA Board fords that the Reassembly Project site is within the CRA Area,is consistent with the Project and intent of the Project described in the Interlocal Agreement, and will improve the quality, aesthetics and function of Sara Sims Park for the residents of the Heart of Boynton District; and WHEREAS,the CRA Board finds that this First Amendment, and the use of the CRA's funds for the Reassembly Project, is consistent with the CRA's Redevelopment Plan and Chapter 163,Florida Statutes; NOW THEREFORE,in consideration of the promises contained herein and in the Interlocal Agreement,the sufficiency of which both Parties hereby acknowledge: 1) Incorporation. The recitals and other information above is hereby incorporated herein as if fully set forth. 2) Amendment.Paragraph 2.a. of the Interlocal Agreement is amended as follows: a. The CRA shall provide funding to the CITY in an amount to not exceed Six Hundred and Forty-Five Thousand and 00/100 Dollars($6007000.00 01157222-1 $645,000.00),for physical improvements to the Project consistent with the teens of this Agreement to be used for reimbursement of certain eligible costs. 3) Clarification of Term. The Reassembly Project is part of the overall Project, and therefore,the term Paragraph 7 of the Interlocal Agreement remains in effect; however, to the extent necessary to extend or reopen the term of the Interlocal Agreement to allow for the timely completion and payment of the Reassembly Project, such extension is hereby granted. 4) General.Except as expressly set forth in this First Amendment,the Interlocal Agreement is unmodified and remains in full force and effect,and is hereby ratified and confirmed by the CRA and the CITY. This First Amendment any be executed in any number of counterparts,any one and all of which shall constitute the agreement of the Parties and each of which shall be deemed an original. To the extent of any conflict between the Interlocal Agreement and this First Amendment,this First Amendment shall control. IN WITNESS THE FOREGOING,the parties have set their hands and seals the day and year first above written. A. • . :- • Fo BOYNTON BEACH COMMUNITY ir REDF ' :LOPMENT AGENCY By: Ali, '' ce of the CRA Attorney Justine �. A Vice Chairman Approved as to 'o ,• CITY OF BOYNTON BEACH 1 0 Office of the CITYAttorney Steven :.Grant,Mayor 01157222.1