R95-114RESOLUTION NO. R95 -//~
A RESOLUTION OF THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA,
AUTHORIZING AND DIRECTING THE MAYOR AND
CITY CLERK TO EXECUTE ADDENDUM II 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"; ~
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
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 June
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 II 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 December 4, 1995.
~ That this Resolution
effective immediately upon passage.
shall become
PASSED AND ADOPTED this /~ day of July, 1995.
ATTEST:
City Clerk
CITY OF BOYNTON BEACH,~FLORIDA
~ ~ Mayor'
Comm~ s ~ioner
(Corporate Seal)
AUthsig. do~
Rosemary Scrub
7/14/95
R 9 5 10 7 7 D AUG 1 5 1995
CONTRACT #95- CT- 90- 93 -3A - A1 - 008 FLORIDA COMMUNITIES TRUST
P3A AWARD# 93- 008 -P3A
ADDENDUM II TO CONCEPTUAL APPROVAL AGREEMENT
THIS ADDENDUM II 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 subdiv sion
of the State of Florida ( "FCT Recipient ") , this /..,r. day ofs
1995.
WHEREAS, the parties 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;
I. 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.
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 June 4, 1995,
deadline;
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.; and
II. WHEREAS, the Conceptual Approval Agreement provides for the _ _
disbursement of FCT Preservation 2000 -award funds at the - closing of
the acquisition of the Project Site;
WHEREAS, the FCT Recipient has requested - disbursement of FCT
Preservation 2000 award funds from FCT subsequent to the closing on
the acquisition of the Project Site for the project costs expended
for the acquisition of the Project Site by the FCT Recipient;
WHEREAS, the parties hereto desire to amend the Conceptual
Approval Agreement to provide for the disbursement of FCT
Preservation 2000 award funds subsequent to the FCT Recipient's
acquisition of the Project Site;
ADDII /93- 008 -P3A
5 -19 -95 1
WHEREAS, the purpose of this ADDENDUM is to set forth the
conditions of Conceptual Approval that must be satisfied by FCT
Recipient prior to the disbursement of any FCT Preservation 2000
award funds; and
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;
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
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 June 4,
1995.
3. The Conceptual Approval Agreement by and between FCT and
FCT Recipient is hereby extended until December 4, 1995.
4. Section I. 4. is hereby replaced, revised and superseded
by the following:
4. The grant amount reflected in .paragraph 1.3.,
hereinabove, is based on the FCT Recipient's estimation of_
Project Costs in application .-#93-008-P3A- --and- limits -on-
awards in the Notice of Application Period announcing the
application cycle. The actual ~otal-~Project Costs, defined
in Rule 9K-4.002(31)~- Florida Administrative _Code,- for
acquisition of the. Project-site~ will-be reflected on-the
reconciliation statement prepared as set forth in paragraph
III. 1., hereinbelow. The FCT will participate in the land
cost at the percent-stated-in-~aragraph-'I.'3~ ~t-imes-500% of
the approved maximum value based on appraisal .reports. that
comply with requirements set forth in Section .380.507 (11),
Florida Statutes, and Rule 9K-6, Florida AOministrative
Code. All eligible Project Costs expended by FCT Recipient
will be recognized as local match on the reconciliation
statement.
5. Sections I. 6. and I. 7. are hereby deleted.
6. Section I. 9. is hereby replaced, revised and superseded
by the following:
9. FCT Recipient agrees to make diligent efforts to
ADDII/93-008-P3A
5-19-95 2
submit the documentation that is required in this Agreement
as soon as is reasonably possible to FCT so that the funds
awarded under this agreement may be disbursed in an
expeditious manner.
7. Sections II. 1., II. 2., and II. 4. are hereby deleted.
8. Section III. is hereby replaced, revised and superseded by
the following:
III. REQUIREMENTS T~AT MUST BE MET PRIOR TO DELIVERY OF
AWARD FOR REIMBURSEMENT OF PROJECT COSTS EXPENDED BY FCT
RECIPIENT TO ACQUIRE THE PROJECT SITE
1. FCT awards shall only be delivered, after FCT
approval of the project plan and terms of the acquisition
of the Project Site, to the FCT Recipient. If the
Project Site is comprised of multiple parcels, FCT shall
deliver at the reimbursement for each parcel only the
share of the FCT award that corresponds to the parcel
acquired. FCT will prepare a re~°~Ciliation statement
prior to the reimbursement for the Project Site parcel
that will evidence the amount of local match provided by
the FCT Recipient and the portion of the FCT award that
corresponds to the parcel acquired.
2. The cash expended by the FCT Recipient for
Project Costs, defined in Rule.gK--4~ 0_02 (31).,_ F.A~.C., ito
acquire the Project Site will be recognized as part of
the local match on the _reconciliation statement prepared.-
as set forth in-paragraph III. 1._.hereinabove ......
3. The value attributed to the land_purchase .price
portion of the Project Cost- shall be -'based- on the
appraisal report (s) that compLies.with the procedures and.
requirements set forth-in Section 380.507 (11), Florida
Statutes, Rule 9K-6, .-Florida- Administrative Code~ _and
Uniform Standards of Professional Appraisal' Practice-as -
defined in Chapter 47-5, Florida Statutes.
4. Prior to final disbursement of award funds by FCT,
the FCT Recipient must prepare a project plan that complies
with Rule 9K-4.011, F.A.C. This project plan, which is a
compilation of documents,-must be reviewed and approved by
FCT, and include the following documents:
a. A statement that the acquisition activities were
conducted consistent with either Rule 9K-6.004(3)(d)(1) or
_ (2) , F.A.C., whichever applies.
ADDII/93-008-P3A
5-19-95 3
b. The following documents, to be reviewed by FCT to
ensure that the interest of the State of Florida will be
protected:
(1) A copy of the real estate contract~ for sale and
purchase of the Project Site between FCT Recipient and
Resolution Trust Corporation and Janmar ProDerties~ Ltd, ·
(2) A copy of Buyer and Seller closing statements
for the purchase of the Project Site.
(3) A copy of the recorded deed evidencing
conveyance of title to the Project Site to the FCT Recipient.
(4) Certified survey of the Project Site that meets
the requirements of Rule 9K-6.006, F.A.C., and dated within 90
days of the date of acquisition of Project Site by FCT
Recipient.
(5) Appraisal report(s) prepared for the FCT
Recipient's acquisition of the Project Site that complies with
the requirements of Rule 9K-6.007, F.A.C.
(6) A copy of the title insurance policy evidencing
marketable title in FCT Recipient to the Project Site and
effective the date of acquisition of the Project Site by the
FCT Recipient, including a statement from the title insurer as
to the minimum promulgated rate-~£f premium-.was paid:by .FCT.-au
Recipient, and all documents referenced in the-title-policy~
(7) Environmental site assessment -of the Project
site certified to the FCT Recipient, which meets the-standards
and requirements-~f-the ~CT Recipient~ ~nd ~ith~ ~a~ date :~of-~---~
certification within 45 days before the date of_acquisition of
the Project Site by FCT-Recipient,-together with the statement
required by Rule-9K-6.-O12(4)~, F.A.C. - .... ~ ~----'
c. A management piano,hat ~s-~cceptabte ~to-FCT_and _t~at
at a minimum addresses the.criteriaandhconditions se{ forth
in Section V, VI and VII hereinbelow and Exhibit B, which is
attached hereto and incorporated herein by reference.
d. A statement of the total project cost, including all
non-recurring costs of project development.
e. A statement of the amount of the award being
requested from FCT.
f. A statement from each FCT Recipient in whose
'-jurisdiction the Project Site is located t hat the project plan
is consistent with the local comprehensive plan.
ADDII/93-008-P3A
5-19-95 4
g. Evidence that conditions imposed as a part of the
Conceptual Approval Agreement have been satisfied.
h. An affidavit from the FCT Recipient evidencing that
after conducting a diligent search, the FCTRecipient, to the
best of its knowledge, represents that there are no existing
or pending violations of any local, state, regional and
federal laws and regulations on the Project Site.
i. In the event that the FCT Recipient is a partnership,
the FCT Recipient must provide FCT with the interlocal
agreement that sets forth.the relationship among the partners
and the fiscal and management responsibilities and obligations
incurred by each partner for the Project Site.
5. Pursuant to 9K-4.011(2)(h), Florida Administrative
Code, FCT shall withhold project plan approval if the local
comprehensive plan(s) of the FCT Recipient or the FCT
Recipient's partner is, for any reason found not in compliance
by the Department after conceptual approval has been granted
by FCT, unless the FCT Recipient has executed a stipulated
settlement agreement with the Department to resolve all of the
issues raised by the Department in a statement of intent to
find a plan not in compliance issued to pursuant to Section
163.3184(8), Florida Statutes.
9. Sections IV. 3. and._IV.. 4._are hereby deleted.
10. Section IV. 5. is herebyreplaced; revised-and superseded
by the following:
5. A Grant Award Agreement containing such-covenants
and restrictions asare sufficient to~ensureuthat the use-of
the Project Site at all times complies with Section 375.051;
Florida Statutes and Section-9, Article-XII of the-State
Constitution, containing clauses providing for__, the
conveyance of title to -the Project--Site= to-the Board of
Trustees of the Internal ImproVement .Trust .Fund upon-failure
to use the Project Site for such purposes and-describing the
real property subject to the Agreement shall be executed by
the FCT and FCT Recipient prior to.the disbursement--of funds
to the FCT Recipient and shall be recorded in the county in
which the Project Site is located.
11. The date of execution of this addendum shall be the date
that the last-party signs this addendum.
THIS_ADDENDUM II TO CONCEPTUAL APPROVALAGREEMENT, ADDENDUM I, and
the CONCEPTUAL APPROVAL AGREEMENT and its Exhibits "A" and "B"
embody the entire Agreement between the parties.
ADDII/93-O08-P3A
5-19-95 5
IN WITNESS WHEREOF, the parties hereto have duly executed this
ADDENDUM II TO CONCEPTUAL APPROVAL AGREEMENT.
R95 10770'
ATTEST: PALM BEA - COUNTY, FLORIDA
Doroth H. Wilken, Clerk BOARD00 CO ■ OMMISSIONERS
/ • /
s BY:
r Clerk Ch.®
cr y , A„ AUG 1 5 1995 A ►`T 1 5 1995
<. gate: -� Date:
144 41 to Farm and Legal
Stif 'ei =ncy:
BY: � 4 .... Date: ct w I '?3 —
County A • • -rney
CITY OF BOYNTON BEACH
ATTEST: As to the City --
By: By: Aria d ✓>✓'
SUZANNE M. KRUSE GERALD LOR
Title: CITY CLERK Title: MAYOR
Date: �09✓� Date: 7/ /f
Accepted to Legal Form and Sufficiency:
By: iG(ti�� -E'/ � ��1;��c� �— Date: 7((`.i(�l
f City Atto ney
FLORIDA COMMUNITIES TRUST
James F. Murley, h
Date : 1 f /l
Accept; es to Ito: • -g lity:
/.%/
Date: 7
ADDII /93- 008 -P3A
5 -19 -95 6