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R23-136 1 RESOLUTION NO. R23-136 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, 4 APPROVING AND AUTHORIZING THE MAYOR TO SIGN THE 5 FIRST AMENDMENT TO FACILITY USE AGREEMENT 6 BETWEEN ATHLETIC ANGELS FOUNDATION, INC. AND THE 7 CITY OF BOYNTON BEACH TO PROVIDE FOR ADDITIONAL 8 TIME TO OBTAIN PERMITS AND SITE PLAN APPROVAL;AND 9 PROVIDING AN EFFECTIVE DATE. 10 11 WHEREAS,on April 11th, 2023 the City Commission approved a Facility Use Agreement 12 between Athletic Angels Foundation, Inc. and the City of Boynton Beach;and 13 WHEREAS, City staff and Athletic Angels have been working to finalize the proposed 14 improvements and coordinate the design, permitting, and site plan approval for all parties 15 involved; and 16 WHEREAS, Athletic Angels have requested additional time to seek final permits and 17 site plan approval which is anticipated to be complete by December 31st, 2023; and 18 WHEREAS, Staff recommends granting the time extension to allow Athletic Angels 19 Foundation additional time to secure all permits and site plan approval for the intended 20 project; and 21 WHEREAS, the City Commission has determined that it is in the best interests of the 22 residents of the City to approve and authorize the Mayor to sign the First Amendment to 23 facility use agreement between Athletic Angels Foundation,Inc.and the City of Boynton Beach 24 to provide for additional time to obtain permits and site plan approval. 25 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF 26 BOYNTON BEACH, FLORIDA, THAT: 27 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 28 being true and correct and are hereby made a specific part of this Resolution upon adoption 29 hereof. 30 Section 2. The City Commission hereby approves and authorizes the Mayor to 31 sign the First Amendment to facility use agreement between Athletic Angels Foundation,Inc. 32 and the City of Boynton Beach to provide for additional time to obtain permits and site plan 33 approval.A copy of the Amendment is attached hereto and incorporated herein by reference S:\CA\RESO\Agreements\Approve First Amendment To Agreement With Athletic Angels-Reso.Docx 34 as Exhibit "A". 35 Section 3. This Resolution shall become effective immediately upon passage. 36 PASSED AND ADOPTED this 3rd day of October, 2023. 37 CITY OF BOYNTON BEACH, FLORIDA 38 39 YES /NO 40 j 41 Mayor—Ty Penserga V 42 / 43 Vice Mayor—Thomas Turkin ‘/ 44 45 Commissioner— Angela Cruz 46 47 Commissioner—Woodrow L. Hay 48 / 49 Commissioner—Aimee Kelley 50 51 VOTE 5 52 53 ATT ST: 54 55 ge /-56 II . 0/ I Ai:: 57 Mayle dipesus, MPA MC Ty Pe - •': 58 City Cler i_oy NTON%`` ' '.yor 59 :pE, ORq•e %VI it 60 %��•o P r Z't� APPROVED AS TO FORM: 61 (Corporate Seal) , SEAL # % • D U 62 ••►NCORPORA 63 II • 1920TED.....- 1 W ► Jr 64 14 ‘. Pr David N. Tolces 65 `' ... ..—FLOR�� Interim City Attorney S:\CA\RESO\Agreements\Approve First Amendment To Agreement With Athletic Angels-Reso.Docx FIRST AMENDMENT TO SPORTS FACILITY USE AGREEMENT THIS FIRST AMENDMENT TO THE SPORTS FACILITY USE AGREEMENT ("First Amendment")is made to be effective as of this 3 day of OeijaC,2023,by and between the CITY OF BOYNTON BEACH, a Florida municipal corporation (the "City"), and ATHLETIC ANGELS FOUNDATION, INC., a Florida not-for-profit corporation (hereinafter referred to as "Angels"); hereinafter referred to collectively as the "parties". RECITALS WHEREAS, the City and Angels entered into that certain Sports Facility Use Agreement dated April 11, 2023, for the purpose of the Angels' use, operation and maintenance of Field#1 at Little League Park in the City of Boynton Beach (the"Original Agreement"),and WHEREAS, the parties wish to amend the Original Agreement to provide for an extension of the completion date, and the date for Angels to submit and receive approval of all permits and site plan for the Project. NOW,THEREFORE,in consideration of the premises and other good and valuable considerations herein acknowledged and received, the parties agree as follows: 1. Recitals; Terms. The foregoing recitals are true and correct and are incorporated herein. Capitalized terms not defined herein will have the meaning ascribed to them in the Agreement. 2. That the City and Angels agree to amend Article 6.1 of the Original Agreement to read as follows: The Angels shall have until December 31, 2023 to submit all required documents and receive any and all permits for the Project. Prior to receipt of any permits for the Project from the City, the Angels shall be required to receive final site plan approval from the City Commission of the City of Boynton Beach. Upon approval of the final site plan by the City Commission and once the permits are received by the Angels, the Project Manger shall instruct Angels to commence the Construction Phase of the Project by written instructions in the form of a Notice to Proceed issued by the City. Construction of the project shall commence within seven (7) calendar days of the Project initiation date specified in the Notice to Proceed (the "Construction Commencement Date"). The Notice to Proceed will not be issued until after execution of this Agreement by both parties and receipt and approval by the City of all required documents, including a task and delivery-oriented project timeline. 3. All other terms and provisions of the Original Agreement not otherwise modified by this First Amendment are hereby ratified and confirmed and shall remain in full force and effect. ANGELS: CITY: Athletic Angels Foundation,Inc. CITY OF BOYNTON BEACH, a Florida not for profit corporation a Florida municipal corporation / By:logirC.er,Dire B •_.0d �f ,, eq Oy•• ......• •, Q, 0,e;. ....... RA7f •.• 1, : `:.\N°°loa° f %1�� • ••..• • ••••' ` FLOC 100553463.1 306 9903631 j 2