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R95-198RESOLUTION NO. R95 -/~ A RESOLUTION OF THE CITY CO~ISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE ADDENDUM III TO THE CONCEPTUAL APPROVAL AGREEMENT FOR THE ROSEMARY SCRUB ACQUISITION PROJECT, BETWEEN THE CITY OF BOYNTON BEACH, PALM BEACH COUNTY AND THE FLORIDA COMMUNITIES TRUST ("FCT"); A COPY OF SAID ADDENDUM IS ATTACHED HERETO AS EXHIBIT "A"; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the parties hereto have entered into a Conceptual Approval Agreement which sets forth the conditions of conceptual approval that must be satisfied by FCT Recipient prior to the receipt of the FCT Preservation 2000 award and the restrictions that are imposed on the Project Site subsequent to its acquisition with the FCT Preservation 2000 award; and WHEREAS, the initial term of the Conceptual Approval Agreement expired December 4, 1994 and was previously extended to June' 4, 1995, by execution of Addendum I and further extended to December 4, 1995, by execution of Addendum II; and WHEREAS, the FCT Recipient in accordance with General Conditions paragraph 2 of the Conceptual Approval Agreement and in compliance with Rule 9K-4.010(2) (k), F.A.C., has timely submitted to FCT a written request for extension of the December 4, 1995, deadline; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: ~ The City Commission of the City of Boynton Beach, Florida hereby does authorize and direct the Mayor and City Clerk to execute Addendum III of the Conceptual Approval Agreement for the Rosemary Scrub Acquisition Project between the City of Boynton Beach, Palm Beach County and the Florida Communities Trust (FCT), which Agreement is attached hereto as Exhibit "A", extending the deadline to June 4, 1996. ~ That this Resolution effective immediately upon passage. shall become PASSED AND ADOPTED this /~ day of December, 1995. Mayor 'or Pro Tem ATTEST: (Corporate Seal) Authsig. doc Rosemary Scrub-12/14/95 i~ner R96 55 D .((AN 0 9 1996 CONTRACT �5C/-7 .3f1 ` V O01 FLORIDA COMMUNITIES TRUST P3A AWARD# 93- 008 -P3A ADDENDUM III TO CONCEPTUAL APPROVAL AGREEMENT THIS ADDENDUM III to the Conceptual Approval Agreement is entered into by and between the FLORIDA COMMUNITIES TRUST ( "FCT "), a nonregulatory agency within the State of Florida Department of Community Affairs, and CITY OF BOYNTON BEACH, a municipality within the State of Florida and PALM BEACH COUNTY, a political subdivision of the State of Florida ( "FCT Recipient "), this ` 7-LA_ day of e�a. , 199g. WHEREAS, the P arties hereto entered into a Conceptual Approval Agreement which sets forth the conditions of conceptual approval that must be satisfied by FCT Recipient prior to the receipt of the FCT Preservation 2000 award and the restrictions that are imposed on the Project Site subsequent to its acquisition with the FCT Preservation 2000 award; WHEREAS, the initial term of the Conceptual Approval Agreement expired December 4, 1994; WHEREAS, the Conceptual Approval Agreement was amended by ADDENDUM I to expire June 4, 1995, and by ADDENDUM II to expire December 4, 1995; WHEREAS, the FCT Recipient in accordance with GENERAL CONDITIONS paragraph 2 of the Conceptual Approval Agreement and in compliance with Rule 9K- 4.010(2)(k), F.A.C., has timely submitted to FCT a written request for extension of the December 4, 1995, deadline; WHEREAS, GENERAL CONDITIONS paragraph 10 of the Conceptual Approval Agreement states that the agreement may be amended at any time prior to FCT giving final project plan approval to the FCT Recipient. Any agreement must be set forth in a written instrument and agreed to by both the FCT Recipient and FCT; WHEREAS, the parties hereto desire to extend the term of the Conceptual Approval Agreement as provided by Rule 9K- 4.010(2)(k), F.A.C.; NOW THEREFORE, the FCT and FCT RECIPIENT mutually agree as follows: 1. Notwithstanding the language of Section I. GENERAL CONDITIONS, paragraph 2. and paragraph 10., the parties hereby ADDIII /93- 008 -P3A DFT /11 -9 -95 agree to revive it nunc pro tunc as though it had not lapsed in accordance with paragraph 2. 2. In every respect, this amendment is to be construed and applied as though the parties had both signed it before December 4, 1995. 3. The Conceptual Approval Agreement by and between FCT and FCT Recipient is hereby extended until June 4, 1996. 4. The date of execution of this addendum shall be the date that the last party signs this addendum. THIS ADDENDUM III TO CONCEPTUAL APPROVAL AGREEMENT, ADDENDUM II, ADDENDUM I and the CONCEPTUAL APPROVAL AGREEMENT and its Exhibits "A" and "B" embody the entire Agreement between the parties. IN WITNESS WHEREOF, the parties hereto have duly executed this ADDENDUM III TO CONCEPTUAL APPROVAL AGREEMENT. ATTEST: PALM BEACH COUNTY, FLORIDA Dorothy %,,,4ilken, Clerk BOARD OFF OUN Y COMMISSIONERS B Y : �. • t itika BY: • 0 ,/ Chi' Da% c o u N T 101 9 1996 Date: J N 0 9 1996 O RW c,k , Accepte$V 'to / ibrm and Legal Suffici-ncy: BY : o�, # . / Irk _ Date: I S 9 w County - orn - R9h 5 5 D ADDIII /93- 008 -P3A DFT/11 -9 -95 CITY OF BOYNTON BEACH ATTEST: As to the Cit / �� B + .,%_..d-e.. • � i' . By: / Title: C ge. Title: A Date: / al 9- Date: / Accepted to -g A rm and Su ficiency: /2/')/S By: Date: City A to 'ey li FLORIDA COMMUNITIES TRUST Ar .. _-,.. .lL4... LI Jame- . Murley, Chair / Date: 24 1G Accepted as to Form and Legality: (i/ � p 7r Date: / R9h 55 0 ADDIII /93- 008 -P3A DFT/11 -9 -95 CITY OF BOYNTON BEACH ATTEST: Title: ~~ Date: ///~/'~,~,.~ ' Accepted Leg 1 F rm a d By: ' ' Cit~-~ttorney %/ As.to the City ~___~ Date: Sufficiency: Date: FLORIDA COMMUNITIES TRUST James F. Murley, Chair Date: Accepted as to Form and Legality: Date: ADDIII/93-008-P3A DFT/ll-9-95