R08-067
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1 RESOLUTION R08- Ofo 7
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3 A RESOLUTION OF THE CITY OF BOYNTON BEACH,
4 FLORIDA, AUTHORIZING AND DIRECTING THE
5 MAYOR AND CITY CLERK TO EXECUTE A THIRD
6 AMENDMENT TO AGREEMENT BETWEEN PALM
7 BEACH COUNTY AND THE CITY OF BOYNTON
8 BEACH FOR FUNDING OF THE RECREA TION
9 CENTER AT WILSON PARK; AND PROVIDING AN
10 EFFECTIVE DATE.
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12 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 again extended
18 the deadline to March 31, 2008; and
19 WHEREAS, the purpose of this Third Amendment to the lnterlocal
20 Agreement is to allow for additional project completion time for construction of the
21 Wilson Park Recreation Center project due to a storm in January, 2008 that flooded the
22 pump room for the Denson Pool at Wilson Park.
23 NOW, THEREFORE, BE IT RESOLVED BY THE CITY
24 COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
25 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed
26 as being true and correct and are hereby made a specific part of this Resolution upon
27 adoption hereof.
28 Section 2. This Commission does hereby authorize and direct the Mayor
\CA\RESO\Agreements\Interlocals\lnterlocal_Wilson Recreation Amd 3.doc
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1 and City Clerk to execute a Third Amendment to Agreement between Palm Beach
2 County and the City of Boynton Beach to extend the project completion date for the
3 construction of Wilson Recreation Center to September 30, 2008, a copy of which is
4 attached hereto as Exhibit "A".
5 Section 3 That this Resolution shall become effective immediately upon
6 passage.
7 PASSED AND ADOPTED this ~ day of June, 2008.
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9 CITY OF BOYNTON BEACH, FLORIDA
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24 Commissioner - Marlene Ross
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\CA\RESO\Agreements\Interlocals\InterlocaJ_Wilson Recreation Arnd 3.doc
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R2008 1322 ROB-ObI
THIRD AMENDMENT TO AGREEMENT BETWEEN
PALM BEACH COUNTY AND THE CITY OF BOYNTON BEACH FOR FUNDING OF THE
RECREATION CENTER AT WILSON PARK JUl 2 2 2008
THIS THIRD 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:
WHEREAS, on August 16, 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
(The Project) for the period August 16, 2004, through August 16, 2007; and
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 Project; and
WHEREAS, on January 15, 2008, COUNTY entered into a Second Amendment to Agreement, as
amended, to allow for a time extension of the Agreement until March 31,2008, to complete construction of the
Project; and
WHEREAS, MUNICIPALITY has requested that COUNTY provide a third Amendment to the
Agreement, as amended, until September 30, 2008, to allow additional time to complete final payments and
accounting for the completed Project and to finalize the reimbursement process with the County; and
WHEREAS, COUNTY desires to allow additional time for MUNICIPALITY to complete final payments
and the County reimbursement process for the Project; 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 March 31,2008",
and insertinq "until September 30, 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
~;~~~~~s and se~~~Q~~~!~\,~~li,~/~ted above
SHARON R. BO ,~(E'W ! Co~~lIer PALM BEACH COUNTY, FLORIDA, BY
. ff ~ ~c ....~\ ITSa~OF,CO~C~MISSIONERS
By. "Y :(J)~ By.' d!.e..L. i ~
f:L. OR Y :" Commissioner Addie L. Greene, Chairperson
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By: By:
Dennis L. Esh eman, Director
Parks and Recreation Department