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R94-98RESOLUTION NO. R9~-~ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE ADDENDUM V TO CONCEPTUAL APPROVAL AGREEMENT FOR THE SEACREST SCRUB ACQUISITION PROJECT; A COPY OF WHICH IS ATTACHED HERETO AS EXHIBIT "A"; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, this Addendum was approved by the governing board of the Florida Communities Trust at its May 5, 1994, meeting; and 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 Series 1991A award funds and the restrictions that are imposed on the Project Site subsequent to the disbursement of the FCT Preservation 2000 Series 1991A award funds; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The City Commission of the City of Boynton Beach, Florida hereby does authorize and direct the Mayor and City Clerk to execute Addendum V to the Conceptual Approval Agreement for the Seacrest Scrub Acquisition Project, a copy of which Addendum is attached hereto as Exhibit "A". Section 2. That this Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this .~ day of June, 1994. CITY OF BOYNTON BEACH, FLORIDA ATTEST: Ci~ Clerk (Corporate Seal) Authsig.doc S/Crest. Pro-Add.V 6/1/94 ~yc~~e Ma© r r MEMORANDUM TO: FROM: Mike Rumpf, Sr. Planner DATE: Sue Kruse, CMC RE: City Clerk June 15, 1994 ADDENDUM V TO CONCEPTUAL APPROVAL AGREEMENT Resolution #R94-98 As requested, attached please find four partiallY signed agreements which are mentioned above. After the documents have been completely signed, please return 'one completely signed agreement to this office for Central Files. Thank you. Attachments /mas CONTRACT ~93-CT-11-91-1A-A1-022 FLORIDA COMMUNITIES TRUST PlA AWARD ~ 91-022-PLA ADDENDUM V TQ CONCEPTUAL APPROVAL AGREEMENT THIS ADDENDUM V 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 on the Pr6ject Site subsequent to its acquisition with the FCT Preservation 2000 Series 1991A award; WHEREAS, the Conceptual Approval Agreement provides for the disbursement of FCT Preservation 2000 Series 1991A award funds at the closing of the acquisition of the Project Site; WHEREAS, the FCT Recipient has requested disbursement of FCT Preservation 2000 Series 1991A 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 Series 1991A award funds subsequent to the FCT Recipient,s acquisition of the Project Site; 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 Series 1991A award funds and the restrictions that are imposed on the Project Site subsequent, tO the disbursement of the FCT Preservation 2000 Series 1991A award funds. 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, FCT and FCT Recipient mutually agree as follows: The Conceptual Approval Agreement in amended to add Section VII as follows: VII. REQUIREMENTS THAT MUST BE MET PRIOR TO DELIVERY OF AWARD FOR REIMBURSEMENT OF PROJECT COSTS EXPENDED BY FCT RECIPIENT TO ACQUIRE THE PROJECT SITE 1. FCT award will only be delivered upon FCT approval of the terms of the acquisition of the Project Site as stated herein. 2. FCT will prepare a reconciliation statement prior to delivery of the award that will evidence the amount of local match provided by the FCT Recipient and the portion of the FCT award that corresponds to the Project Site. ADDV-91-022-P1A FIN/5-5-94 1 of 4 3. The cash expended by the FCT Recipient for acquisition expenses incurred pursuant to a multiparty agreement between FCT and the FCT Recipient will be recognized as part of the local match on the reconciliation statement prepared as set forth in paragraph I. 5., of the Conceptual Approval Agreement. 4~~ 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 Chapter 9K-6, Florida Administrative Code and Uniform Standards of Professional Appraisal Practice as defined in Chapter 475, Florida Statutes. 5. Prior to disbursement of funds by FCT, the FCT Recipient must prepare a project plan that complies with Rule 9K-4.011, F.A.C. This project plan must include the following documents for review and approval by FCT: a. A statement that the acquisition of the Project Site was consistent with the requirements of the FCT Recipient's land acquisition procedures and 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. (2) A copy of Buyer and Seller closing statements for the purchase 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 and that meets the minimum technical standards for land surveying as adopted by the Board of Professional Land Surveyors, pursuant to Chapter 472, Florida Statutes and dated within 45 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 and that complies with the Uniform Standards of Professional Appraisal Practice as defined in Chapter 475 Florida Statutes. ' (6) A copy of the title insurance policy evidencing marketable title in FCT Recipient to the Project Site and effective the date of ac.quisition of the Project Site by the FCT Recipient, including a statement from the title insurer as to the minimum promulgated rate (if premium is paid by FCT Recipient), and all documents referenced in the title policy. (7) Environmental audit of the Project Site certified to the FCT Recipient, which meets the standards and requirements of the FCT Recipient, and with a date of certification within 45 days-before the date of acquisition of the Project Site by FCT Recipient. ADDV-91-022-P1A FIN/5-5-94 2 of 4 6. FCT Recipient agrees to make diligent efforts to submit the documentation that is required in this Agreement as soon as is reasonably possible to FCT so that the award for acquisition of the Project Site may be delivered in an expeditious manner. The date of execution of this addendum shall be the date that the last party-~igns this addendum. THIS ADDENDUM V TO CONCEPTUAL APPROVAL AGREEMENT, ADDENDUM IV, ADDENDUM III, ADDENDUM II and ADDENDUM I to the CONCEPTUAL APPROVAL AGREEMENT and the CONCEPTUALAPPROVAL AGREEMENT and its Exhibit "A" embody the entire Agreement between the parties. IN WITNESS WHEREOF, the parties hereto have duly executed this ADDENDUM V TO CONCEPTUALAPPROVAL AGREEMENT. AGREED AND ACCEPTED, this DAY OF , 1994 ATTEST: Dorothy H. Wilken, Clerk PALM BEACH COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS BY: BY: Deputy Clerk Chair Date: Date: (SEAL) Accepted as to Legal Form and Sufficiency: BY: County Attorney CITY OFBOYNTCNB~ACH ATTEST: As to ~the City. ADDV-91-022-P1A FIN/5-5-94 3 of 4 FLORIDA COMMUNITIES TRUST Accepted as to Legal and Sufficiency: Linda Loomis Shelley, Chair Date: Date-. ADDV-91-022-P1A FIN/5-5-94 4 of 4