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R10-049 I 1 RESOLUTION NO. RIO-049 2 i 3 4 A RESOLUTION OF THE CITY COMMISSION OF 5 BOYNTON BEACH, FLORIDA, APPROVING AND 6 AUTHORIZING THE CITY MANAGER TO EXECUTE 7 AMENDMENT NO.3 TO THE AGREEMENT BETWEEN 8 THE CITY OF BOYNTON BEACH AND THE BOYNTON 9 BEACH COMMUNITY REDEVELOPMENT AGENCY 10 TO PROVIDE FOR THE INSTALLATION OF PUBLIC 11 IMPROVEMENTS ON SOUTHEAST 4TH STREET AND 12 REFLECT THE REVISED CRA COST; AND 13 PROVIDING AN EFFECTIVE DATE. 14 15 16 WHEREAS, on February 7, 2006, the City and CRA entered into an Interlocal 17 Agreement for the purpose of sharing the costs of various improvements along SE 4th Street 18 corridor from Southeast 2nd A venue to Southeast 1 th A venue which improvements are located 19 within the boundaries of the CRA; and 20 WHEREAS, on the City and CRA have subsequently entered into Amendment No 1 21 and No.2 to the Interlocal Agreement; and 22 WHEREAS, since the project is substantially complete the CRA and City Staff have 23 been able to determine the costs and expenses to each agency with greater accuracy and are 24 now able to determine the "not-to-exceed" values for each; and 25 WHEREAS, the City Commission of the City of Boynton Beach, upon 26 recommendation of staff, deems it to be in the best interests of the residents and citizens of the 27 City of Boynton Beach to approve Amendment No.3 to the Interlocal Agreement between the 28 City of Boynton Beach and Boynton Beach Community Redevelopment Agency regarding the 29 cost-sharing of funding improvements along Southeast 4th Street. 30 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF S:\CA\RESO\Agreements.Reso - ILA with CRA SE 4TH STREETAmendment No 3.doc I 1 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 2 Section 1. Each Whereas clause set forth above is true and correct and 3 incorporated herein by this reference. 4 Section 2. The City Commission of the City of Boynton Beach, Florida does 5 hereby approve and authorize the City Manager to execute Amendment No.3 to the Interlocal 6 Agreement between the City of Boynton Beach and the Boynton Beach Community 7 Redevelopment Agency regarding the cost-sharing of funding improvements along Southeast 8 4th Street, a copy of said Amendment is attached hereto as Exhibit "A". 9 Section 3. That this Resolution shall become effective immediately upon passage. 1+\ 10 PASSED AND ADOPTED this L day of May, 2010. II CITY OF BOYNTON BEACH, FLORIDA 12 13 14 15 16 17 18 19 20 21 22 23 ~er - Woodro'" ay 24 25 26 Commission 27 ATTEST: 28 29 30 31 32 33 34 35 - ILA with CRA SE 4TH STREET Amendment No 3.doc ,\, \ Q - Cy-\ C'~ THIRD AMENDMENT TO INTERlOCAl AGREEMENT BETWEEN THE BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY AND THE CITY OF BOYNTON BEACH TO PROVIDE FOR THE INSTAllATION OF PUBLIC IMPROVEMENTS ON SOUTHEAST 4TH STREET WHEREAS, the Boynton Beach Community Redevelopment Agency ("CRA") and the City of Boynton Beach ("City") entered into Interlocal Agreement dated February 7,2006 for the purpose of sharing costs of various improvements along SE 4'h Street corridor from Southeast 2nd Avenue to Southeast 12'h Avenue which improvements are located within the boundaries of the CRA ("4'h Street Project"); and WHEREAS, the CRA and City entered into Amendment No. 1 to the Interlocal Agreement dated December 9, 2008; and WHEREAS, the CRA and the City entered into Amendment No.2 to the Interlocal Agreement dated March 9, 2009; and WHEREAS, the City has provided the CRA with a Cost Allocation schedule (attached). The Cost Allocation schedule outlines the Actual Bid Pricing as of March 1, 2010 for the 4'h Street Project including change orders and engineering costs for a Total Project Cost of $2,878,071.37; and WHEREAS, the actual and potential grant funding is $1,114,268. The CRA procured a grant from Palm Beach County in the amount of $300,000 which was assigned to the City; and WHEREAS, the CRA and the City have discussed and agreed to additional amendments to the Interlocal Agreement as hereinafter set forth. NOW THEREFORE, in exchange for the mutual covenants and obligations set forth herein, the CRA and the City agree to the following modifications of the Interlocal Agreement: 1. The revised net construction cost, minus available grant funding, is $1,763,802.93. 2. The percentage of cost allocation based on Amendments No.1 and 2 is 24.76% for the CRA and 75.24% for the City. 3. The net cost to the CRA, minus grant funds shall not exceed $436,679.81 as outlined on the attached Cost Allocation schedule. 4. The CRA shall not be responsible for payment of funds in excess $436,679.81 in the event that the City does not successfully draw down the approved grant funding from any of the grant sources for the project Approved by the CRA Board: 13'h day of April, 2010. 'I~ daYO~010 a,.. isa Bright, Executive ire Kurt ressner, City Manag Boynton Beach Communit City of Boynton Beach Redevelopment Agency H:\1990\900182.BBIAGMn3rd Amendment to ILA - 4th Street.doc CITY AITORNEY T:\PLANNING\SE 4th Streetscape\3rd Amendment to ILA - 4th Street as reviewed by CheroT 4.8.10.doc SE 4TH SlREET IJIRO\9IITS CITY & CRA COST AU.OCAlDI FDttEC8lERm AEOENT jES'l'UTE} TaliCRA& cost CRA SHARf CITY IWlE em 811tC05l 4.m.mOO 1.123.00 3,711_ 4.141,1\2.00 AiIcNI cost D.mOO 151.1>>.00 1SJ.rm.oo 5.ll63,Q!2.00 1,ma.00 3.11Ul2.00 5.141.0 Pnragt 24.M 752ft ACTlW.1IID PflICNl. ~ a: Y1110 8IIt bid 2.241.881.711 CIl9-1ppMd 174.7a1.00 SIA*lti.__ 2,41U41.711 ... COJIs ~1.4J.57 TaliPlqldcost 2.m.071.37 SCBlW) 1.GltMTI UYRACTED AfTER IUf ~ mI -'M Q!! Tali IIlinIId iIn hili AmInd.1& 2 1,273,11.00 3...112.00 Tali CnN:ian Colt 2.171.071.37 tIMd~ 1&2 24.7e\ 752ft 1.1M.!8 *COltbMIlpaII ,........... 112,51.10 ~"522.51 Si*II l.7e3.12.D3 ttIId~ ..00 114"44 1&2 75.24\ \J5t,2k 13 Ii_far_ 11.12 T:\PLANNING\SE 4th Streetscape\3rd Amendment to ILA - 4th Street as reviewed by Cherot 4.8.1 a.doc The Cih:J o! BoljDtOD Beach City Clerk's Office 100 E BOYNTON BEACH BLVD BOYNTON BEACH FL 33435 (561) 742-6060 FAX: (561) 742-6090 e-mail: prainitoj@bbfl.us www.boynton-beach.org May 18, 2010 Ms. Lisa Bright Executive Di rector Boynton Beach Community Redevelopment Agency 915 South Federal Highway Boynton Beach, FL 33435 Re: R10-049 Third Amendment to ILA Between the Boynton Beach Community RedeyeloDment Aaency and the City of Boynton Beach to Provide for the installation of Public ImDrovements on Southeast 4th Street . Dear~~ Attached for your information and files is an executed original of the Amendment mentioned above and a copy of Resolution R10-049. If I can be of any additional service, please do not hesitate to contact me. Very truly yours, CITY OF BOYNTON BEACH LfY) · p~ J net M. Prainito, MMC City Clerk Attachments S:\CC\WP\AFTER COMMISSION\Other Transmittal Letters After Commission\2010\RlO-049 ILA CRA Improvements on SE 4th.doc America's Gateway to the Gulfttream