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R13-101RESOLUTION R13 -101 2 3 A RESOLUTION OF THE CITY COMMISSION OF THE 4 CITY OF BOYNTON BEACH, FLORIDA, APPROVING 5 AMENDMENT NO 2 TO THE NEIGHBORHOOD 6 STABILIZATION PROGRAM 1 (NSP1) TO EXTEND THE 7 TERM OF THE AGREEMENT TO SEPTEMBER 30, 2014; 8 AUTHORIZING THE MAYOR AND CITY CLERK TO 9 SIGN THE AMENDMENT TO THE AGREEMENT 10 BETWEEN THE CITY OF BOYNTON BEACH AND THE 11 BOYNTON BEACH COMMUNITY REDEVELOPMENT 12 AGENCY; PROVIDING AN EFFECTIVE DATE. 13 14 15 WHEREAS, Resolution R10 -086 approved an agreement between the City and 16 CRA allocating $400,000 in NSP1 funds from the City to the CRA for infrastructure 17 I improvements in the Ocean Breeze West development; and 18 " WHEREAS, a condition within the Agreement requires that the CRA satisfies the 19 US Department of Housing & Urban Development's National Objective requirement that 20 the funds be used to build homes to be occupied by low -to- moderate income families by 21 September 30, 2012; and 22 , WHEREAS, the First Amendment to the Agreement extended the deadline to 23 September 30, 2013 and the City and CRA now wish to further extend the deadline to 24 September 30, 2014 to allow for completion of the project; and 25 ' WHEREAS, upon the recommendation of staff, the City Commission deems it to 26 be in the best interests of the citizens and residents of the City of Boynton Beach to approve 27 a second amendment to the Neighborhood Stabilization Program 1 (NSP 1) Agreement 28 extending the deadline to September 30, 2014, and authorizing the Mayor and City Clerk to 29 sign the Amendment. 30 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF \ \apps3 city cbb\ auto\ Data \185 \Items \177\2569 \3423 \Reso - NSP1 Second Amendment 091713 doc IF 1 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 2 Section 1. The foregoing "Whereas" clauses are true and correct and are hereby 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 31 32 33 34 ratified and confirmed by the City Commission. Section 2. The City Commission of the City of Boynton Beach, Florida, hereby approves the second amendment to the Agreement between the City of Boynton Beach and the Boynton Beach Community Redevelopment Agency for Neighborhood Stabilization Program 1 (NSP 1) to extend the Agreement to September 30, 2014. Section 3. The Mayor and City Clerk are hereby authorized to sign the second Amendment to the Agreement between the City of Boynton Beach and the Boynton Beach Community Redevelopment Agency, a copy of which is attached hereto as Exhibit "A" Section 4. This Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this 17 day of September, 2013. CITY OF BOYNTON BEACH, FLORIDA �T✓ or Jerj Taylor M ies ayor — Woo&er� Cor4nis4one is t- tvkrker • ommiss' er — ichael M. Fit atric 1 t`� , u C mmissioner —Joe Casello !3 \Reso - NSPI Second Amendment 091713 doc between THE CITY OF BOYNTON BEACH (hereinafter referred to as the "City") and THE BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY (hereinafter referred to as LT6 1 1M WHEREAS, the City and CRA are parties to an Agreement' dated July 20, 2010 regarding Neighborhood Stabilization funding for the project known as Ocean Breeze West (hereinafter referred to as "OBW"); and Whereas, the City and CRA wish to extend the deadline for complying with and providing NSP National Objective requirements to September 30, 2014; and In consideration of the mutual terms and conditions, promises, covenants and payments hereinafter set forth, City and CRA agree as follows to amend the Agreement as follows: 1. The foregoing whereas clauses are true and correct. 2. The City Commission and the CRA Board have approved this agreement. 3. Notwithstanding the Agreement or prior amendments, the NSP National Objective must be satisfied by the CRA no later September 30, 2014 unless a otherwise determined by HUD. If the National Objective is not met, the NSP funding allocated under this Agreement must be repaid to the City by the CRA. 4. 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. I Agreement approved by City Resolution 10-086 2 IN WITNESS OF THE FOREGOING, the parties have set their hands and seal the day and year first written above. 3" u �lg By: J a ' Ta y .. , Ma r ATTEST: B �4 M. Pr I YQClerkt ito, C Jan M. Prain MM By: Jqr� �Tayloj, Approved: James A. Ch4LqfXlty Attorney SACANAGMMAMENDMENT CRA-CITY OBW.Docx SACA\AGMTS\AMENDMENT CRA-CITY OBW.docx SEAL] 2