R94-187RESOLUTION NO. R94-/~
A RESOLUTION OF THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA,
AUTHORIZING AND DIRECTING THE MAYOR AND
CITY CLERK TO EXECUTE ADDENDUM I TO THE
CONCEPTUAL APPROVAL AGREEMENT BETWEEN THE
CITY OF BOYNTON BEACH AND FLORIDA
COMMUNITIES TRUST; A COPY OF SAID
AGREEMENT IS ATTACHED HERETO AS EXHIBIT
"A"; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the parties have previously entered into a
Conceptual Approval Agreement which sets forth the conditions
of conceptual approval that must be satisfied by the 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 expires December 4, 1994; and
WHEREAS, on September 28, 1994, the Governing Board of
the FCT approved the extension of the CAA until June 4, 1995.
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 an Agreement between Florida Communities
Trust (FCT), and the City of Boynton Beach, which Agreement
is attached hereto as Exhibit "A"
~ That this Resolution
effective immediately upon passage.
shall become
PASSED AND ADOPTED this / day of November, 1994.
CITY OF BOYNTON BEACH, FLORIDA
~ '/9 Mayor ~
ice for
Mayol
ATTEST:
(Corporate Seal)
Authsig. doc
Rosemary sor~b
10/27/94
sioner
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R94 1737D DEC 061994
CONTRACT #95- CT- 90- 93 -3A -A1 -008 FLORIDA COMMUNITIES TRUST
P3A AWARD# 93- 008 -P3A
ADDENDUM I TO CONCEPTUAL APPROVAL AGREEMENT
THIS ADDENDUM I 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 and CITY OF BOYNTON BEACH, a municipality
within the State of Florida and PALM BEACH COUNTY, a political
subdivisions of the State of Florida ( "FCT Recipient "), this 9 ..
day of , 1995.
WH REAS, 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 receiptof 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
expires December 4, 1994;
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, 1994,
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
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,
1994.
ADDI /93- 008 -P3A
9 -28 -94 1
3. The Conceptual Approval Agreement by and between FCT and
FCT Recipient is hereby extended until June 4, 1995.
4. The date of execution of this addendum shall be the date
that the last party signs this addendum.
THIS ADDENDUM I TO CONCEPTUAL APPROVAL AGREEMENT, the CONCEPTUAL
APPROVAL AGREEMENT and its Exhibits "A" and "B" embody the entire
Agreement between the parties.
IN WITNESS WHEREOF, the part R hereto have duly executed this
ADDENDUM I TO CONCEPTUAL APrgilbkXREEMENT .
ATTEST: :�� ' BEA OUNTY, FLORIDA
Dorothy H. Wilken, Cler4m C O U N T Y B FRD • CO0 TY . CO ,a ISSIONERS
BY: 1�.Pi1 GLx- l - L y -k `011‘ -
�� 3 - f,,,�
Deputy Clerk ,�� - S.Y .. Cha
Date: DEC 0 6 1994 Date: DEC 0 6 1994
(SEAL)
Accepted as to Form and Legal R 7 4 17370
Suffi 'enc :
BY: 1,. it, 4/ G' Date: 111
County 1 torney //
CITY OF BOYNTON : 'CH
ATTEST: As to h Cit 1
By: B ` 7 )2
Title: City Clerk Title: E. F. Harmening, Mayor
Date: ///x/942 Date: ///�9�
Accepted to Legal Fore and Sufficiency:
By: ,/✓�r �� ��� Date: / /i
City Attorne f
ADDI /93- 008 -P3A
9 -28 -94 2
FLORIDA COMMUNITIES TRUST
1
inda Lp i � ' s Sh- - ey, Chair
r,
Date: i
Accept as to Form and Legality:
Date: - q5
ADDI /93- 008 -P3A
9 -28 -94 3