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R07-134 1\ 1 2 3 4 5 6 7 8 9 10 11 12 RESOLUTION R07- (?JL.{ A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE A SECOND AMENDMENT TO AGREEMENT BETWEEN PALM BEACH COUNTY AND THE CITY OF BOYNTON BEACH FOR FUNDING OF THE RECREATION CENTER AT WILSON PARK; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on August 16, 2004, the City of Boynton Beach and Palm Beach 13 County entered into an Agreement to provide funding in an amount up to 14 $1,000,000.00 for funding of the Wilson Park Recreation Center for the period August 15 16,2004 through August 16,2007; and 16 WHEREAS, in July, 2007, Palm Beach County and the City of Boynton Beach 17 agreed to extend the completion deadline until December 31,2007; and 18 WHEREAS, the purpose of this Second Amendment to the Interlocal 19 Agreement is to allow for additional project completion time for construction of the 20 Wilson Park Recreation Center project. 21 NOW, THEREFORE, BE IT RESOLVED BY THE CITY 22 COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 23 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed 24 as being true and correct and are hereby made a specific part of this Resolution upon 25 adoption hereof. 26 Section 2. This Commission does hereby authorize and direct the Mayor 27 and City Clerk to execute a Second Amendment to Agreement between Palm Beach 28 County and the City of Boynton Beach to extend the project completion date for the S:\CA\RESO\Agreements\Interloca1s\lnterlocal-Wilson Recreation Amd 2.doc II construction of Wilson Recreation Center to March 31, 2008. 2 Section 3 That this Resolution shall become effective immediately upon 3 passage. 4 PASSED AND ADOPTED this ~ day of November, 2007. 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 ATTEST: Yn.~ (Corporate Seal) S:\CA\RESO\Agreements\Interlocals\Interlocal-Wilson Recreation Amd 2_doc CITY OF BOYNTON BEACH, FLORIDA ~~ ~yor . V ~ ') Commissioner R07-134 R2008i 0081 SECOND AMENDMENT TO AGREEMENT BETWEEN PALM BEACH COUNTY AND THE CITY OF BOYNTON BEACH FOR FUNDING OF THE RECREATION CENTER AT WILSON PARK JAN 1 5 2008 THIS SECOND AMENDMENT TO AGREEMENT (R-2004-1761) is entered into on , 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 corporate body politic pursuant to the Constitution of the State of Florida, hereinafter referred to as "MUNICIPALITY". WIT N E SSE T H: 1: WHEREAS, on August 11, 2004, COUNTY entered into an Agreement with MUNICIPALITY (R-2004- 1761) to provide funding in an amount up to $1 ,000,000 for funding of a the Wilson Park Recreation Center for the period August 1 Ft, 2004, through August 16, 2007; and 1 . WHEREAS, on July 10, 2007 COUNTY entered into a First Amendment to Agreement to allow for a time extension of the Agreement until December 31, 2007, to complete construction of the Wilson Park Recreation Center project; and WHEREAS, COUNTY desires to allow for additional project completion time for construction of said project, which will benefit all citizens of Palm Beach County; and WHEREAS, the parties desire to amend the Agreement. NOW THEREFORE, the parties hereby agree as follows: 1. Section 2.06 of the Agreement, as amended shall be amended by deletinq "until December 31, 2007", and insertinq "until March 31,2008" in its place. 2. Except as provided herein, each and every other term of the Agreement, as amended, 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. PALM BEACH COUNTY, FLORIDA, BY ITS BOARD OF COUNTY COMMISSIONERS By: ~~ ::t? J:J~"o~ Commissioner Addie L. Greene, Chairperson APPROVE AS T FORM AND LEGAL SUFFICIE\NC'h By P->'F.~' County Attorn APPROVE~ TO TE~ CONDITIONS By: ~~ _ Dennis L. Eshleman, Director Parks and Recreation Department