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R12-0521 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 RESOLUTION R12 -052 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING A FIRST AMENDMENT TO THE INTERLOCAL AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND THE BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY WHICH SPELLS OUT THE OBLIGATIONS OF THE PARTIES AND THE TIMELINES THAT MUST BE MET IN ORDER TO COMPLY WITH THE REQUIREMENTS OF THE NEIGHBORHOOD STABILIZATION PROGRAM; AUTHORIZING EXECUTION OF THE FIRST AMENDMENT BY THE MAYOR AND CITY CLERK; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on July 20, 2010, the City Commission approved Resolution R10 -086 an Agreement between the City and CRA to provide Neighborhood Stabilization funding in the amount of $400,000 to the CRA to undertake the site development of the former Boynton Terrace West land; and WHEREAS, in order to satisfy the Neighborhood Stabilization Program requirements, the CRA must satisfy the National Objective of providing permanent residential structures that will be occupied by those meeting the low -and moderate - income requirements; and WHEREAS, the Agreement provides that National Objective must be satisfied by the CRA no later than September 30, 2012; however that deadline shall be extended to September 30, 2013 provided the project is under construction and proceeding on a completion schedule to meet the National Objective; and WHEREAS, the City and CRA wish to extend the deadline to September 30, 2013 to allow completion of the project; and WHEREAS, the City Commission of the City of Boynton Beach deems it in the best interest of the citizens and residents of the City to approve the First Amendment to the Document in Windows Internet Explorer 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 PASSED AND ADOPTED this 19 day of June, 2012. CITY O BOYNTON BEACH FLORIDA l� Mayor Woodrow L. �Hgy;� -- --- , t 44cg'�ayor — Mack Mc r� Com one rlov $ r — S en Holzm ATTEST: °'' _ / Commissioner — Marlene Ross g JamnM. Prainito, MMC City Clerk Document in Windows Internet Explorer 3 R la - 05a FIRST AMENDMENT TO AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY THIS IS A FIRST AMENDMENT TO AGREEMENT, made and entered into this �l day of 2012, between THE CITY OF BOYNTON BEACH (hereinafter referred to as the "City ") and THE BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY (hereinafter referred to as "CRA ") WHEREAS, on July 6, 2010, the City Commission approved, via Resolution R10 -086, an Agreement between the City and CRA to provide Neighborhood Stabilization funding in the amount of $400,000 to the CRA to undertake the site development of the former Boynton Terrace West land; and WHEREAS, in order to satisfy the Neighborhood Stabilization Program requirements, the CRA must satisfy the National Objective of providing permanent residential structures that will be occupied by those meeting the low -and moderate - income requirements; and WHEREAS, the Agreement provides that National Objective must be satisfied by the CRA no later than September 30, 2012; however that deadline shall be extended to September 30, 2013 provided the project is under construction and proceeding on a completion schedule to meet the National Objective; and WHEREAS, the City and CRA wish to extend the deadline to September 30, 2013 to allow completion of the project; and WHEREAS, the Agreement entered into on July 20, 2010 shall remain in full force and effect except as specifically amended herein. h5:06A 3 1 In consideration of the mutual terms and conditions, promises, covenants and payments hereinafter set forth, City and CRA agree as follows: Section 1. The Agreement between the City and the CRA entered into the 20th day of July, 2010, is amended as follows: PART III COMPENSATION, TIME OF PERFORMANCE, METHOD AND CONDITIONS OF PAYMENT B. Time of Performance The effective date of this Agreement and all rights and duties designated hereunder are contingent upon the timely release of funds for this project in U.S. HUD Community Development Block Grant No. B- 09 -MC -12 -0043. The effective date shall be the date of execution of this Agreement or the date of release of funds by U.S. HUD, whichever is later. The services of the Agency shall commence upon execution of this Agreement or receipt of an Order to Proceed in writing from CID, and shall be undertaken and completed in light of the purposes of this Agreement. In any event, all services, with the exception of NSP obligation requirements, required hereunder shall be completed by the Agency by September 30, 2013. EXHIBIT A WORK NARRATIVE F. WORK SCHEDULE: The time frame for completion of the outlined activities shall be September 30, 2013. Section 2. All other terms and conditions of the Agreement not specifically amended shall remain in full force and effect for the balance of the term of the agreement. Page 2 IN WITNESS OF THE FOREGOING, the parties have set their hands and seal the day and year first written above. ATTEST: BY ` n • PAJ�- J NET M. PRAINITO, MMC CITY CLERK CITY OF BOYNTON BEACH, FLORIDA BY: WOODROW L. HAY, MAYOR BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY By: _ WOODROW L. HAY, CHAIRMAN Approved by: VIVIAN BROOKS, EXECUTIVE DIRECTOR Approved as to form: n JAMES A. C ROB, CI ATTORNEY Page 3 The City o f Bo B each July 11, 2012 Vivian Brooks Community Redevelopment Agency 710 N. Federal Highway Boynton Beach, FL 33435 Re: Resolution R12- First Amendment to Agreement between the City of Boynton Beach i Boynton Beach Community Redevelopme A . Attached for your handling is a partially executed agreement and a copy of the Resolution mentioned above. Once the agreement has been signed, please return The original to the City Clerk's Office for Central File. If you have any questions, please do not hesitate to contact me. Very truly yours, ,i • (]a t �MPrainito, MMC City Clerk Attachments tls S: \CC \WP \AFTER COMMISSION \Other Transmittal Letters After Commission \2012 \R12 -052 First Amendment to Agreement Betwen the City of Boynton Beach & CRA.doc America's Gateway to the Gulfstream