R23-170 1 RESOLUTION NO. R23-170
2 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING
3 AND AUTHORIZING THE MAYOR TO SIGN A SECOND AMENDMENT TO
4 THE INTERLOCAL AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH
5 AND THE BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY TO
6 PROVIDE FUNDING FOR THE CONSTRUCTION OF THE BOYNTON BEACH
7 BOULEVARD COMPLETE STREETS PROJECT FOR A TOTAL AMOUNT OF$3.1
8 MILLION; AMENDING THE ADOPTED FY 2023/2024 BUDGET FOR THE 302
9 FUND FROM $6,387,691 TO $7,482,691; AND PROVIDING AN EFFECTIVE
10 DATE.
11 WHEREAS, in October 2023, FDOT updated their final construction costs and notified
12 the City/CRA of the increase, which requires a commitment to fund the City's additional
13 obligation of $1,963,776.60 per the local funding agreement with FDOT for a total amount of
14 $3,069,159.60 dollars; and
15
16 WHEREAS, in June 2020, the City Commission adopted Resolution No. R20-045 to
17 enter into an ILA with the BBCRA for the funding of the City's portion of the initial design and
18 construction costs for the project; and
19
20 WHEREAS, in July 2022, the City Commission adopted Resolution No. R22-089
21 authorizing the City of Boynton Beach to execute the LFA with FDOT which documented the
22 terms and conditions regarding the total construction cost of the project at $5,105,383 and the
23 City of Boynton Beach's portion of construction funding at $1,105,383; and
24
25 WHEREAS, November 14, 2022, the City Commission approved Resolution No. R22-
26 170,the First Amendment to the Interlocal Agreement between the City and BBCRA for funding
27 of the Boynton Beach Boulevard complete street project construction estimate funding from
28 $1 Million to $1.5 Million due to increased construction costs and accounts for potential
29 escalation of construction costs up to Fiscal Year 2023 - 2024; and
30
31 WHEREAS, a budget amendment is required in order to complete this; and
32 WHEREAS, the City Commission of the City of Boynton Beach, Florida, upon the
33 recommendation of staff, deems it to be in the best interests of the City residents to approve
34 and authorize the Mayor to sign a Second Amendment to the Interlocal Agreement with
35 Boynton Beach Community Redevelopment Agency to provide funding for the construction of
36 the Boynton Beach Boulevard Complete Streets Project for a total amount of$3,100,000.
37 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF
38 BOYNTON BEACH, FLORIDA, THAT:
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Amendment-Reso.Docx
39 Section 1. Each Whereas clause set forth above is true and correct and
40 incorporated herein by this reference.
41 Section 2. The City Commission of the City of Boynton Beach, Florida does hereby
42 approve and authorize the Mayor to sign a Second Amendment to the Interlocal Agreement
43 with Boynton Beach Community Redevelopment Agency to provide funding for the
44 construction of the Boynton Beach Boulevard Complete Streets Project for a total amount of
45 $3,100,000. A copy of the Second Amendment to the Interlocal Agreement is attached hereto
46 and incorporated herein as Exhibit "A."
47 Section 3. The Adopted Fiscal Year 2023/2024 budget for the 302 Fund is hereby
48 amended from $6,387,691 to $7,482,691.
49 Section 4. That this Resolution shall become effective immediately upon passage.
50 PASSED AND ADOPTED this 5th day of December, 2023.
51 CITY OF BOYNTON BEACH, FLORIDA
52
53 YES NO
54
55 Mayor—Ty Penserga
56
57 Vice Mayor—Thomas Turkin
58
59 Commissioner—Angela Cruz
60
61 Commissioner—Woodrow L. Hay
62
63 Commissioner—Aimee Kelley
64
65 VOTE 5 -0
66 ATTEST:
67
68 / ' t it444
69 Tammy Sta one, CM Ty Pent ..
70 Deputy City Clerk ,_ BOYNTo1\1 Mayor
71 i 4 ..•GOROO POi4;.•< 'i
72 ''v/ SEA
�� APPROVED AS TO FORM:
73 (Corporate Seal) S : j, :_ . a f?
74 ; 'N�RPORATED
75 '41 ,
4 %ti. 920 r ; Shawna G. Lamb
76 I,�‘‘.�ORIDA _ City Attorney
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Amendment-Reso.Docx
SECOND AMENDMENT TO THE INTERLOCAL AGREEMENT BETWEEN THE CITY OF
BOYNTON BEACH AND THE BOYNTON BEACH COMMUNITY REDEVELOPMENT
AGENCY FOR THE FUNDING OF THE E. BOYNTON BEACH BOULEVARD
STREETSCAPE BEAUTIFICATION AND COMPLETE STREET PROJECT
This SECOND AMENDMENT TO THE INTERLOCAL AGREEMENT BETWEEN THE CITY OF BOYNTON
BEACH AND THE BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY FOR THE FUNDING
OF THE E. BOYNTON BEACH BOULEVARD STREETSCAPE BEAUTIFICATION AND COMPLETE STREET
PROJECT ("Second 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, on June 9, 2020 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 THE E. BOYNTON BEACH BOULEVARD
STREETSCAPE BEAUTIFICATION AND COMPLETE STREET PROJECT ("Interlocal Agreement"); and
WHEREAS, on November 14, 2022 the Parties entered into the FIRST AMENDMENT FOR
THE ADDITIONAL FUNDING OF THE E. BOYNTON BEACH BOULEVARD STREETSCAPE
BEAUTIFICATION AND COMPLETE STREET PROJECT ("First Amendment") due to increased
construction costs and accounts for potential escalation of construction costs up to Fiscal Year
2023-2024; and
WHEREAS, the CRA previously approved a version of ahe Second Amendment For The
Additional Funding Of The E. Boynton Beach Boulevard Streetscape Beautification And Complete
Street Project due to increased construction costs and accounts for potential escalation of
construction costs up to Fiscal Year 2023-2024, but such amendment was not approved by the
City; and
WHEREAS, the CITY has requested and the CRA desires to provide additional funding
based on the Florida Department of Transportation's (FDOT) updated project costs known as the
E. Boynton Beach Boulevard Streetscape Beautification and Complete Street Project ("Project");
and
WHEREAS, the CRA Board finds that the Project site is within the CRA Area and that the
Project and will provide traffic calming measures, enhance the pedestrian environment and
connectivity of uses along the Boynton Beach Boulevard, accommodate different modes of
transportation within the CRA Area, and provide the opportunity to redevelop the area within
the Project in accordance with the Plan; and
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WHEREAS,the changes to the Project precipitating the request for additional funding are
consistent with the intent of the Project described in the Interlocal Agreement; and
WHEREAS, the Parties desire to amend the Interlocal Agreement to provide for additional
funding in response to increased construction costs and to account for potential escalation of
construction costs in Fiscal Year 2023-2024;
WHEREAS, the CRA Board finds that this Second Amendment, and the use of the CRA's
funds for the Project, are 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 are hereby incorporated herein
as if fully set forth.
2) Amendment. Paragraph 2.b. of the Interlocal Agreement is Agreement is hereby deleted
in its entirety and replaced with the following :
b. After October 1, 2022, the City may request additional funding from the CRA for
construction associated with the Project, including for any construction deposit
the City is required to pay to FDOT. The CRA may, in its sole discretion, agree to
provide such funding in an amount to be mutually agreed to by the Parties at a
later date, but which in no case will exceed Three Million One Hundred Thousand
and 00/100 Dollars ($3,100,000.00).
3) General. Except as expressly set forth in this Second 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 Second 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 Second Amendment,this Second Amendment
shall control.
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IN WITNESS OF THE FOREGOING, the parties have set their hands and seals the day and year
first above written.
Approved as to Form: BOYNTON BEACH COMMUNITY
REDEVELOPMENT AGENCY
By:
O ice of the CRA Attorney Ty Pe ,Y� 'Board Chair
Approved
as to Form: CITY .F BOYNTON BEACH
J. ' ib By: -
Office �_-
of the CITY Attorney Ty Pens- _ ayor
I'I'53 -I
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