R94-137RESOLUTION 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 NO. VI TO
THE CONCEPTUAL APPROVAL AGREEMENT (CAA)
FOR THE SEACREST SCRUB ACQUISITION
PROJECT BETWEEN THE FLORIDA COMMUNITIES
TRUST (FCT) AND THE CITY OF BOYNTON BEACH
AND PALM BEACH COUNTY; A COPY OF WHICH
IS ATTACHED HERETO AS EXHIBIT "A"; AND
PROVIDING AN EFFECTIVE DATE.
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 Series 1991A
Award and the restrictions that are imposed on the Project
Site subsequent to its acquisition with the FCT Preservation
2000 Series 1991A award; and
WHEREAS, the Florida Communities Trust (FCT) Governing
Body met on July 14, 1994, and approved a ten percent increase
in FCT's grant award amount for the Seacrest Scrub Acquisition
Project; and
WHEREAS, the parties hereto desire to amend the
Conceptual Approval Agreement to provide for the increase in
the amount of the award;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
$_~ The City Commission of the City of Boynton
Beach, Florida hereby does authorize and direct the Mayor and
City Clerk to execute an Addendum No. VI to the Conceptual
Approval Agreement, attached hereto as Exhibit "A"
~ That this Resolution
effective immediately upon passage.
shall become
PASSED AND ADOPTED this .~ day of August, 1994.
ATTEST:
//~//Vice Mayor
~her
(Co[fporate Seal)
Auth$ig.doc
SeacrestScrub. AddVI
8/11/94
CONTRACT ~93-CT-11-91-1A-A1-02~
FLORIDA COMMUNITIES TRUST
PlA AWARD $ 91-022-PLA
ADDENDUM VI TO CONCEPTUAL APPROVAL AGREEMENT
THIS ADDENDUM VI 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 PALM BEACH COUNTY and CITY OF BOYNTON BEACH
("FCT Recipient',), this day of , 1994.
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 Series 1991A award and the restrictions that
are imposed onthe Project Site subsequent to its acquisition with
the FCT Preservation 2000 Series 1991A award;
WHEREAS, the FCT Recipient has submitted a written request to
FCT for an increase in the amount of the award;
WHEREAS, the FCT Governing Body met on July 14, 1994, and
approved an increase in the amount of. the award pursuant to Rule
9K-4.011(2) (a), F.A.C.;
WHEREAS, the parties hereto desire to amend the Conceptual
Approval Agreement to provided for the increase in the amount of
the award;
WHEREAS, GENERAL CONDITIONS paragraph 10 of the Conceptual
Approval Agreement states that the agreement may be amended at any
~ime prior to FCT giving final project plan approval to the FCT
Recipient. Any agreement must be set forth in a written instrument
and agree~ to by both the FCT Recipient and FCT;
NOW THEREFORE, the FCT and FCT RECIPIENT mutually agree as follows:
1. Section I. General Conditions 3. is hereby replaced
revised and superseded by the following: '
3. The FCT Preservation 2000 Series 1991A award granted
to the FCT Recipient will in no event exceed FIFTY percent
(50%) of the final total project costs or EIGHT HUNDRED
EIGHTY-NINE THOUSAND ONE HUNDRED THIRTY-NINE AND 90/100
Dollars ($889,139.90), whichever amount is less, unless the
FCT Governing Body approves a greater amount pursuant to Rule
9K-4.011(2) (a), F.A.C.
The date of execution of this addendum shall be the date that the
last party signs this addendum.
THIS ADDENDUM VI TO CONCEPTUAL APPROVAL AGREEMENT, ADDENDUM V,
ADDENDUM IV, ADDENDUM III, ADDENDUM II and ADDENDUM I to the
CONCE~LAPPROVALAGREEMENT and the CONCEPTUAL APPROVAL AGREEMENT
and lts~Exhlblt "A" embod t
· ' ' y he entire Agreement between the
parties.
IN WITNESS WHEREOF, the parties hereto have duly executed this
ADDENDUM VI TO CONCEPTUAL APPROVAL AGREEMENT.
ADDVI/91-022-P1A
FIN/7-14-94 1 of 2
AGREED AND ACCEPTED, this
DAY OF ., 1994
ATTEST:
Dorthy H. Wilken, Clerk
BY: Deputy Clerk BY:
Date:
(SEAL)
PALM BEACH COUNTY, FLORIDA
BOARD OF COUNTY
COMMISSIONERS
Chair
Date:
Accepted as to Legal Form and Sufficiency:
BY:
County Attorney
CITY OF BOYNTON BEACH
ATTEST:
(~0 F~,.,/ CITY AjRM:
As to the City
Date:
Accepted as to Legal Form and Sufficiency:
BY:
Date:
FLORIDA COMMUNITIES TRUST
Accepted as to Legal Form and
Sufficiency.:
Linde Loomis Shelley, Chairman
Date:
Date:
ADDVI/91-022-P1A
FIN/7-14-94
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