R98-185RESOLUTION R98-/~'..~'
A RESOLUTION OF THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA,
AUTHORIZING AND DIRECTING THE MAYOR
AND CITY CLERK TO EXECUTE A FIRST
AMENDMENT TO THE FINANCIAL
ASSISTANCE AGREEMENT BETWEEN THE
CITY OF BOYNTON BEACH AND THE BOARD
OF COUNTY COMMISSIONERS OF PALM
BEACH COUNTY, RELATING TO THE
GATEWAY BOULEVARD PROJECT FROM
SEACREST BOULEVARD TO THE FEC
RAILROAD'; AND PROVIDING AN 'EFFECTIVE
DATE.
WHEREAS, the City of Boynton Beach ("City") and the Board of
County Commissioners of Palm Beach County ("County"), entereed into a
Financial Assistance Agreement on April 15, 1997, regarding improvements
to Gateway Boulevard from Seacrest Boulevard to the FEC Railroad; and
WHEREAS, the City and County desire to amend the Agreement by
entering into this Amendment ("First Amendment");
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION
OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. The City Commission of the City of Boynton Beach,
Florida does hereby authorize and direct the Mayor and City Clerk to execute
the First Amendment to the Financial Assistance Agreement, which
Amendment is attached hereto as Exhibit "A".
Section 2. This Resolution will become effective immediately upon
passage.
PASSED AND ADOPTED this ,¢- day of November, 1998.
CITY OF BOYNTON BEACH, FLORIDA
Mayor
M; Pro Tern
Co~rnissioner
Commissioner
FIRST AMENDMENT TO FINANCIAL ASSISTANCE AGREEMENT
GATEWAY BOULEVARD FROM SEACREST BOULEVARD
TO THE FEC RAILROAD
THIS F!R_S-T AMENDMENT TO DEVELOPMENT AGREEMENT entered into this
day of ,1998, between the City of Boynton Beach,
Florida, ("City'~) and THE BOARD OF COUNTY COMMISSIONERS OF PALM BEACH
COUNTY, a political subdivision of the State of Florida, hereinafter "County:
WHEREAS, City and County entered into an Agreement dated April 15, 1997,
("Agreement'~ regarding improvements to Gateway Boulevard from Seacrest Boulevard
to the FEC Railroad;
WHEREAS, City and Developer desire to amend the Agreement by entering into
this amendment to the Agreement (''First Amendment'~);
NOW, THEREFORE, in consideration of the mutual covenants contained herein,
the parties amend the Agreement as follows:
1. In the event of a conflict between the Agreement and this First
Amendment, this First Amendment shall supersede and prevail.
2. Paragraph 3 shall be amended by adding the words and figures in
underlined type, and by deleting the words and figures in struck-through type, as
follows:
3. The County agrees, subject to budget, to reimburse the City for the
City's costs of the Project as defined in Paragraph I excluding City staff costs but
including consultant costs, in an amount not to exceed.~...,,e="=" ,u',,~,,~.,.,.~.'~'~'~ =~,
................ ~ .......... ~, .,v, ...... ;. TWO MILLION SIX HUNDRED
TWENTY TWO THOUSAND ONE HUNDRED NINETY-ONE and 00/100 ($2,622,191.00)
of Boynton Beach, Florida, who is personally known to me or who has produced a
Florida driver's license as identification and who did take oath,
Print name:
NOTARY PUBI.JC, STATE OF FLORIDA
Serial No.:
Ny commission expires:
STATE OF FLORIDA
COUNTY OF PALM BEACH
The foregoing instrument was acknowledged before me this __ day of
,1998, by , Secretary, of
OCEAN BREEZE FESTIVAL PARK, INC., a Virginia corporation, to me known to be the
persons described in the foregoing instrument or who have
produced as identification, who did (did not) take oath,
who executed this foregoing instrument, and they acknowledged before me that they
executed the foregoing instrument as their true act and deed freely and voluntarily
under authority duly vested in them by said corporation and for the purposes therein
expressed.
Print name:
NOTARY PUBLtC, STATE OF FLORIDA
Serial No.:
My commission expires:
S:ca/depts/development/First Amend - Gateway
DOLLARS. Toward this end, the County agrees to program these reimbursement funds
in the 1996/97 fiscal year of its five year. road program.
3. _pa_ragraph 4 shall be amended by adding the words and figures in
underlined type, and by deleting the words and figures in stuck-through type, as
follows:
any Project costs in excess of the.~,¢":~,,,,~vvnnn
ATTEST:
The City agrees that the City, not the County, is responsible for
$2,622,191.00 amount in'Paragraph 3.
CITY OF BOYNTON BEACH
By:
GERALD TAYLOR, Mayor
PALM BEACH COUNTY, FLORIDA BY
ITS BOARD OF COUNTY
COMMISSIONERS
By:
Approved as to Form and Legal Sufficiency
ATTEST:
Secretary
(CORPORATE SEAL)
City Attorney
S:ca\agr~Gateway Amendment
County Attorney
STATE OF FLORIDA
COUNTY OF PALM BEACH
The foregoing instrument was acknowledged before me this
,1998, by
day of
, Clerk of the City