R00-041RESOLUTION R OO-/-,Z/
A RESOLUTION OF THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA,
AUTHORIZING AND DIRECTING THE MAYOR AND
CITY CLERK TO EXECUTE AN AMENDMENT TO
AN INTERLOCAL AGREEMENT BETVVEEN PALM
BEACH COUNTY (COUNTY) AND THE CITY OF
BOYNTON BEACH (CITY) FOR PARK
IMPROVEMENT BOND FUNDING FOR BOAT CLUB
PARK IMPROVEMENTS; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, on March 18, 1997, the CITY and COUNTY
entered into an Agreement.which provided funding of up to $2,625,000
for the design and construction of Boat Club Park Improvements
(Project A) and Intracoastal Waterway Park Development (Project B)
to be completed on or before thirty-six months from the date of
execution of the Agreement; and
WHEREAS, the CITY and COUNTY have successfully
negotiated amendments to the existing Interlocal Agreement, which
accomplishes the following:
Funding is reduced from $2,625,000 to $900,000;
· The scope of the project has been decreased to allow for the
funding of Boat Club Park only;
· The number of parking spaces required has been decreased
from seventy five (75) to fifty (50);
· The project completion date has been extended by eighteen
months, until September of 2001; and
· Exhibits A and B have been amended to include the
attachments pertaining to Boat Club Park only.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY
COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA,
THAT:
Section 1. This Commission does hereby authorize and
direct the Mayor and City Clerk to execute an Amendment to the
Interlocal Agreement between Palm Beach County and the City of
Boynton Beach for funding of Boat Club Park.
Section2 That this Resolution shall become effective
immediately upon passage.
PASSED AND ADOPTED this ~ day of March, 2000.
"- ay& ' '
-- Vice May(Jr -
ATTEST:
Ci~ Clerk
Mayor Pro ~/') /
Commissioner
Commissioner
FIRST AMENDMENT TO AGREEMENT BETWEEN
PALM BEACH COUNTY AND THE CITY OF BOYNTON BEACH
R2000 0647
THIS FIRST AMENDMENT TO AGREEMENT is entered into this NAI - 2 2000 day
of , 2000, by and between Palm Beach County, a political subdivision of the
State of Florida, hereinafter referred to as "COUNTY ", and the City of Boynton Beach, a
Florida municipal corporation, hereinafter referred to as "CITY ".
WITNESSETH:
WHEREAS, on March 18,1997, COUNTY entered into an Agreement with CITY (R-
97- 366 -D) to provide funding of up to $2,625,000 for the design and construction of Boat
Club Park Improvements (Project A) and Intracoastal Waterway Park Development (Project
B) to be completed on or before thirty six (36) months from the date of execution of the
Agreement (March 17, 2000); and
WHEREAS, CITY has requested a funding decrease of $1,725,000 in order to be
released from constructing Project B and an eighteen month extension of the project
completion date in order to complete construction of Project A; and
WHEREAS, CITY has requested that the seventy five (75) boat/trailer parking
spaces to be provided at Project A and B be reduced to a total of fifty (50) boat/trailer
parking spaces, with all spaces to be placed at Project A; and
WHEREAS, COUNTY desires to release CITY from its obligations to develop
Project B; and
WHEREAS, County desires to allow an eighteen month extension to the project
completion date of March 17, 2000; and
WHEREAS, County desires to allow CITY to reduce the total number of parking
spaces to be constructed from seventy five (75) to fifty (50).
WHEREAS, the both parties desire to amend the Agreement.
NOW THEREFORE, the parties hereby agree as follows:
1. Section 1.03 of the Agreement shale be amended by deleting "$2,625,000 for the
design and construction of Project A and Project B " and inserting " up to $900,000 for the
design and construction of Boat Club Park, hereinafter to be referred to as 'the Project' "
in its place.
2. Section 1.04 of the Agreement shall be amended by deleting "seventy five (75)
additional boat/trailer parking spaces" and inserting "fifty (50) additional boat/trailer parking
spaces in its place and deleting the sentence "The remaining balance of the seventy five
(75) spaces shall be placed at Intracoastal Waterway Park to be used as overflow parking
for Boat Club Park ".
3. Section 1.05 of the Agreement shall be amended by deleting "The CITY agrees
that the first priority will be given to the design and construction of Project A from funding
provided by County. Project A is estimated to cost approximately $750,000. The balance
of County funding, up to a total amount of $2,625,000 will be used for design and
construction of Project B. In the event that total Project A costs exceed $750,000, then
that excess shall either be paid by City or shall be subtracted from the remaining balance
allocated to Project B. Likewise, if Project A total costs are less than $750,000, the City
may include remaining funds from Project A to the costs of Project B. " and inserting "The
Project is estimated to cost $900,000" in its place.
4. Section 1.07 of the Agreement shall be amended by deleting "The CITY shall
design Project A and Project B and construct same upon properties owned by the CITY
as more fully described in Exhibit 'B' attached hereto and made a part hereof." and
inserting "The CITY shall design the Project and construct same upon properties owned
by the CITY as more fully described in Exhibit 'B' attached hereto and made a part hereof."
in its place.
5. Section 2.06 of the Agreement shall be amended by deleting "The CITY agrees
to totally complete the Projects and open same to the public for their intended use within
thirty six (36) months from the date of execution of this Interlocal Agreement by the parties
hereto." and inserting "The CITY agrees to totally complete the Project and open same to
the public for their intended use within fifty four (54) months from the date of execution of
this Interlocal Agreement by the parties hereto." in is place.
6. Every reference to "the Projects" or "each Project" in the Agreement shall be
modified to read "the Project" as set forth in this Amendment where necessary to effect
the purposes of the parties in entering into this Amendment.
7. Exhibit A shall be modified to include the project description and site plan for
Boat Club Park (the Project) only and to eliminate the project description and site plan for
Intracoastal Waterway Park (Project B).
8. Exhibit B shall be modified to include the legal description for Boat Club Park (the
Project) only and to eliminate the legal description for Intracoastal Waterway Park (Project
B).
9. Except as provided herein, each and every other term of the Agreement shall
remain in full force and effect and the Agreement is reaffirmed as modified herein.
IN WITNESS WHEREOF, the parties, by and through their duly authorized agents,
have hereunto set their hands and seals on the date indicated above.
82000 0647 MAY- 22oelo
ATTESTBoard of County Commissioners PALM BEACH COUNTY, FLORIDA, BY ITS
DOROTHY H. WILKEN, CLERK BOARD OF COUNTY COMMISSIONERS
,,,,��„���������
o� � N Y C << � /'
B #Lf4 ' • • I ♦ /)..4 _i By' , 1 M Be . S / r
Deputy Clerk Chair 5 0 ' COUNTY
'',, d`, FL0n1DP .
6 :
� 1 ''�� ' --
ATTEST: CITY OF BOYNTON B CH
city Clerk ayor
;,� , Nt P c /, / ii i
r-', ` Q `?'
APPROVED AS TO FORM AND ; ,_,= - ., '-' � '• ..o, '
LEGAL SUFFICIENCY
0
By: t r � � ' ,
County Attorn ''o :be•• ° °" °,,�'`�