R23-125 1 RESOLUTION R23-125
2
3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA,
4 APPROVE AND AUTHORIZE THE CITY MANAGER TO SIGN
5 THE FIRST AMENDMENTS TO THE SUBRECIPIENT
6 AGREEMENTS,GRANTING A SIX-MONTH EXTENSION,WITH
7 BOYNTON BEACH FAITH BASED COMMUNITY
8 DEVELOPMENT CORPORATION INC., FOR THE COMMUNITY
9 DEVELOPMENT BLOCK GRANT — LIMITED REHABILITATION
10 PROGRAM AND SENIOR RENTAL HOUSING PROGRAM;AND
11 PROVIDING AN EFFECTIVE DATE.
12
13 WHEREAS, Boynton Beach Faith Based CDC was approved by Resolution R22 -099, to
14 receive on a reimbursement basis $504,000.00 allocated toward the acquisition and purchase
15 of four (4) one- bedroom units;to assist with providing affordable rental housing in the City
16 to Low-income Elderly households, and $400,000.00 allocated toward the Owner-Occupied
17 Limited Housing Rehabilitation Program to assist low-income households with needed
18 repairs;and
19 WHEREAS, the current Agreements expire September 3, 2023; and
20 WHEREAS, Boynton Beach Faith Based CDC is formally requesting that the
21 Agreements be extended for an additional six (6) months, or until March 31, 2024 for both
22 the Owner-Occupied Limited Rehabilitation and the Senior Rental Housing Programs; and
23 WHEREAS, Staff recommends to grant the aforementioned request which will allow
24 the subrecipient time to honor the terms of the agreement and expend the remaining funds;
25 and
26 WHEREAS, the City Commission has determined that it is in the best interests of the
27 residents of the City to approve and authorize the City Manager to sign the First Amendments
28 to the Subrecipient Agreements, granting a six-month extension, with Boynton Beach Faith
29 Based Community Development Corporation Inc., for the Community Development Block
30 Grant— Limited Rehabilitation Program and Senior Rental Housing Program.
31 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF
32 BOYNTON BEACH, FLORIDA, THAT:
S:\CA\RESO\Agreements\Approve First Amendment To CDBG Subrecipient Agreements With BBFBCDC-Reso.Docx
33 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as
34 being true and correct and are hereby made a specific part of this Resolution upon adoption
35 hereof.
36 Section 2. The City Commission hereby approves and authorizes the City
37 Manager to sign the First Amendments to the Subrecipient Agreements, granting a six-
38 month extension, with Boynton Beach Faith Based Community Development Corporation
39 Inc., for the Community Development Block Grant — Limited Rehabilitation Program and
40 Senior Rental Housing Program. Copies of the First Amendments are attached hereto and
41 incorporated herein by reference as Composite Exhibit "A".
42 Section 3. This Resolution shall become effective immediately upon passage.
43 PASSED AND ADOPTED this 14th day of September, 2023.
44 CITY OF BOYNTON BEACH, FLORIDA
45 YES NO
46
47 Mayor—Ty Penserga l/
48
49 Vice Mayor—Thomas Turkin
50 ✓/
51 Commissioner—Angela Cruz
52
53 Commissioner—Woodrow L. Hay
54
55 Commissioner—Aimee Kelley
56
57 VOTE 'C)
58 A iT:
, 10 / --,-----0,4,
61 Mayle: D= -sus, MPA MMC Ty PeAa
62 City CI rk May.
63
64 .%�O�N R�N�'F,9►,1 APPROVED AS TO FORM:
65 (Corporate Seal) :o`eo . ...-Y0 I/�
66 i .: v �� itPi
68 �I '\N \ ••.• David N. Tolces
69 (% se••••••''OQ': Interim City Attorney
`. FLORA_'
S:\CA\RESO\Agreements\Approve First Amendment To CDBG Subrecipient Agreements With BBFBCDC-Reso.Docx
t y os.
FIRST AMENDMENT TO BOYNTON BEACH FAITH BASED COMMUNITY
DEVELOPMENT CORP. AGREEMENT
THIS FIRST AMENDMENT, dated the Ili day of cerkolht;'2023, between:
CITY OF BOYNTON BEACH, a municipal corporation organized and existing
under the laws of Florida,with a business address of 100 East Ocean Avenue,Boynton
Beach, FL 33435, hereinafter referred to as"CITY";
and
BOYNTON BEACH FAITH BASED COMMUNITY DEVELOPMENT
CORP.,a company authorized to do business in the State of Florida with its principal
place of business at 2191 N. Seacrest Blvd.,Boynton Beach,FL 33435,hereinafter
referred to as "NON-PROFIT DEVELOPER."
WITNESSETH:
WHEREAS,on December 6, 2022, the City Commission of the City for Boynton Beach
approved an agreement between the CITY and NON-PROFIT DEVELOPER for a Community
Development Block Grant Subaward Agreement for the acquisition of real property for an elderly
rental housing program for five hundred four thousand dollars($504,000)to expire on September 30,
2023, Resolution 22-172 ("Agreement"); and
WHEREAS,the CITY and NON-PROFIT DEVELOPER desire to amend the Agreement to
extend the term of the Agreement an additional six(6)months to expire on March 31, 2024.
THEREFORE, in consideration of the mutual promises contained below, and other good
and valuable consideration,receipt, and sufficiency of which is hereby acknowledged,the Parties
agree that the Agreement shall be amended as follows:
SECTION 1. The foregoing "Whereas" clauses are hereby ratified as being true and
correct, and incorporated herein.
SECTION 2. Article 4, Term of Agreement and Subaward Period of Performance,Section
A, is amended to extend the termination date to March 31, 2024 as follows:
Page 1 of 3
A. Term of Agreement. The term of this Agreement begins on the date that it is fully
executed by both parties (the "Effective Date") and shall terminate on: 09444023
03/31/2024,unless extended or renewed in accordance with the terms of this Agreement.
SECTION 3. The Parties agree that the modifications herein shall supersede any language
in the Agreement and exhibits thereto, and in the event of a conflict with such language, the
modifications in this First Amendment shall prevail.In all other respects the Agreement shall remain
in full force and effect, except as specifically modified by this First Amendment.
IN WITNESS WHEREOF,the Parties have executed the First Amendment by their duly authorized
representatives.
DATED this ISI day of Se_ -+e/s+h e J , 2023.
Page 2 of 3
CITY OF BOYNTON BEACH BOYNTON BEACH FAITH BASED
COMMUNITY DEVELOPMENT CORP.
.441
Daniel Dugger, • • - (Signature), Company
hira Ja /?
Print ame of Authonzed Official
,�xecu7rve Oirec y
Title
(Corporate S;a1)
Attest/Authenticated:
7
/
Witness /
PO rG 6 /s4,
Print Name
Ap.roved as to Fsrm:
David N. Tolces, Interim City Attorney
Attested/Authenticated: F gOYNTO,y`%1
li
r till ' , IEAL tb ',
INcoRPo '_
1920
Maylee De us, MMC ' .,I, ..•'
City Cl ''‘‘ FLORIDA je
Page 3 of 3
=
(ar)
FIRST AMENDMENT TO BOYNTON BEACH FAITH BASED COMMUNITY
DEVELOPMENT CORP. AGREEMENT
THIS FIRST AMENDMENT, dated the jy day of. Ar4422023,between:
CITY OF BOYNTON BEACH, a municipal corporation organized and existing
under the laws of Florida,with a business address of 100 East Ocean Avenue,Boynton
Beach, FL 33435, hereinafter referred to as"CITY";
and
BOYNTON BEACH FAITH BASED COMMUNITY DEVELOPMENT
CORP.,a company authorized to do business in the State of Florida with its principal
place of business at 2191 N. Seacrest Blvd.,Boynton Beach,FL 33435,hereinafter
referred to as"NON-PROFIT DEVELOPER."
WITNESSETH:
WHEREAS,on December 6, 2022,the City Commission of the City for Boynton Beach
approved an agreement between the CITY and NON-PROFIT DEVELOPER for a Community
Development Block Grant Subaward Agreement for owner-occupied limited rehabilitation for
qualifying households for four hundred thousand dollars($400,000)to expire on September 30,2023,
Resolution 22-172 ("Agreement");and
WHEREAS,the CITY and NON-PROFIT DEVELOPER desire to amend the Agreement to
extend the term of the Agreement an additional six (6)months to expire on March 31, 2024.
THEREFORE, in consideration of the mutual promises contained below, and other good
and valuable consideration,receipt, and sufficiency of which is hereby acknowledged, the Parties
agree that the Agreement shall be amended as follows:
SECTION 1. The foregoing "Whereas" clauses are hereby ratified as being true and
correct, and incorporated herein.
SECTION 2. Article 4,Term of Agreement and Subaward Period of Performance,Section
A, is amended to extend the termination date to March 31, 2024 as follows:
Page 1 of 3
A. Term of Agreement. The term of this Agreement begins on the date that it is fully
executed by both parties (the "Effective Date") and shall terminate on: 09/30/2023
03/31/2024,unless extended or renewed in accordance with the terms of this Agreement.
SECTION 3. The Parties agree that the modifications herein shall supersede any language
in the Agreement and exhibits thereto, and in the event of a conflict with such language, the
modifications in this First Amendment shall prevail. In all other respects the Agreement shall remain
in full force and effect, except as specifically modified by this First Amendment.
IN WITNESS WHEREOF,the Parties have executed the First Amendment by their duly authorized
representatives.
DATED this /I day of Seibe'V , 2023.
Page 2 of 3
CITY OF BOYNTON BEACH BOYNTON BEACH FAITH BASED
COMMUNITY DEVELOPMENT CORP.
! M , , A
i// f
/
Daniel Dugger, City anager (Signature ,) Com an
p y
ikra ..ig—e,
Print Name o Azed Official
4JCecuhv& a iee/60-
Title
(Corporate Seal)
Attest/Authenticated:
a
W. ness '11-16.---
G-/o i #00 (‘Si
Print Name
Approved as t.
David N. Tolces, Interim City Attorney
�
pYNTpN�,,
Attested/Authenticated: I� SEAL ' i'I;
._
i ; INCQRPORATED;
UlA .1920 :'
1 �. di 4 ,
Mayle- D sus, MMC ,FLORID'
City • erk. " 4` ,-
Page 3 of 3