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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: S:\CA\RESO\Agreements\Second Amendment To ILA With CRA For Funding East BBB Complete Streets Project AND Budget 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 S:\CA\RESO\Agreements\Second Amendment To ILA With CRA For Funding East BBB Complete Streets Project AND Budget 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 01787537-1 4888-4825-2044,v. 1 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. 01787537-1 4888-4825-2044,v 1 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 4888-4825-2044,v. 1