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R94-024RESOLUTION 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 IV TO THE CONCEPTUAL APPROVAL AGREEMENT (CAA) FOR THE SEACREST SCRUB JOINT CITY/COUNTY ACQUISITION PROJECT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City has previously entered into an Conceptual Approval Agreement with Florida Communities Trust (FCT) and Palm Beach County, with the initial term of the Agreement expiring January 30, 1993; and WHEREAS, said expiration date has been ex=ended by Addendum No. II and III; and WHEREAS, the option agreemen= has been executed, and the new deadline has been extended by the governing board of the FTC by Addendum IV "for a time sufficient for closing", 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 does hereby authorize and direct the Mayor and City Cl~erk to execute Addendum IV to the Conceptual Approval Agreement (CAA) for the Seacres= Scrub Joint City/County Acquisition Project, which Addendum is attached hereto as Exhibit "A". Section 2. upon passage. This Resoiution shall take effect im~aediately PASSED AND ADOPTED this ATTEST: Ci~ Clerk CITY vj ~ay~ '' sio~ day of February, OF BOSTON BEACH, ~Pro ~ 1994. FLORIDA (Corporate Seal) SeaCrest. AddiV 2/10/94 CONTRACT #9~-CT-11-91-1A-A1-02~ FLORIDA COM/~3NITIES TRUST PlA AWARD ~ 91-022-PLA ADDENDUM IV TO CONCEPTUAL APPROVAL A~REEMENT ~-~ THIS ADDENDUM IV to the Conceptual Approval Agreement is entered into by and between the FLORIDA COMMUNITIES TRUST ("FCT',), a nonr~gulatory agency within the Stat .... CommunltyAffairs, and PALM BEACH COUNT; of Florida Department of and CITY OF BOYNTON BEACH ("FCT Recipient..), this day of , 1994. WHEREAs, the parties here=o entered into a Conceptual Approval Agreement which sets forth the condit' ~hatm~st be satisfied bv FC~ ~-~'- ~lon~ of. conceptual a prova rCT Preservation 2000 - ~' ~ ~-~m~n= prior to the recei~;p .... 1 oerles 1991A award and the restrictions ~ Uath=u =~ are imposed-on the Project Site subsequent to its acquisition with the FCT Preservation 2-000 Series 1991A award; WHEREAS, the initial term of the Conceptual Approval Agreement expired January 30, 1993; WHEREAs, the Conceptual Approval A tee ADDENDD]4 I to e~ir ....... g merit was ame~ ~. September 30, 19~ -~=~m~-31' 1993, by ADDENDUM i~ ~-~-~ m~ · ~u my ADDENDUM I~? ~ .... ~ uu expire ~ uu ~xplre January 31, 1994. CONDITIONS paragraph 2 of the Conceptual Approval Agreement and in compliance with Rule 9K-4.010(2) (h), F.A.C: (1992), has timely submitted to FCT a written request for extension of the January 31, 1994, 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. (1992); and WHEREAs, GENERAL CONDITIONS ara A~proval Agreement states _P grap~ 10 of the Conce t '~ . that th= a tee ptual lme prior to FCT giving final ~r~-~m-e~= may be a~ended at any Recipient. Any agreement mus~ be set forth in a written ins=rument ~ ~=uu plan approval to ~he FCT 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 i 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 1994.applied as though the ~arties had both signed it before January 31, . 3. If the seller does not execute an Option Agreement b ' January 31, 199~, the Conceptual A--royal -- · - Y it FCT and FCT ' · PP agreement. Dy and between Recipient is hereby extended until April 30, 1994. 4. If the seller executes an Option Agreement by January 31, 1994· the Conceptual Approval Agreement by and between FCT and FCT Recipient is hereby extended for a time sufficient for closing. !The date of execution of this addendum shall be the date that the ~ last party signs this addendum. .~THIS ADDENDUM IV TO CONCEPTUAL APPROVAL AGREEMENT, ADDENDUM III, ADDENDUM Ii and ADDENDUM I to the CONCEPTUAL APPROVAL AGREEMENT and the CONCEPTUAL APPROVAL AGREEMENT and its Exhibit "A" embody the entire Agreement between the parties. IN WITNESS WHEREOF, the parties hereto have ADDENDUM IV TO CONCEPTUAL APPROVAL AGREEMENT. AGREED AND ACCEPTED, this _ DAY OF ., 1994 ATTEST: Dorthy H. Wilken, Clerk BY: duly executed this PALM BEACH COUNTy, FLORIDA BOARD OF COUNTy COMMISSIONERS Deputy Clerk BY: Chair Date: Date: (SEAL) Accepted as to Legal BY: County Attorney CITY OF BOY~0N BFACH ATTEST: ' Form and Sufficiency: As. · E~ward gar- me~g TITLE. Mayor Date: Accepted as to Legal Form and Sufficiency: Date: ~,~I~ ~ FLORIDA COMMUNITIES TRUST Accepted as to Legal and Sufficiency: Linda Loomis Shelley, Chairman Date: Date: CAA/022-PiA ADDIV/1-6-94 2 of 2