R93-192RESOLUTION NO. R93-/~
A RESOLUTION OF THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA,
AUTHORIZING AND DIRECTING THE MAYOR AND
CITY CLERK TO EXECUTE AN AMENDMENT TO
ADDENDUM II TO THE CONCEPTUAL APPROVAL
AGREEMENT FOR THE SEACREST SCRUB JOINT
CITY/COUNTY ACQUISITION PROJECT; A COPY
OF WHICH IS ATTACHED HERETO AS EXHIBIT
"A"; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Conceptual Approval Agreement was amended in
August, 1993 to reflect the new expiration date of September
30, 1993; and
WHEREAS, Addendum II to the Conceptual Approval Agreement
did not define the manner in which an extension was originally
requested, as provided by Rule 9K-4.010(2)(k), and F.A.C.
(1992); and
WHEREAS, the City Commission of the City of Boynton
Beach, Florida, upon recommendation of staff, has deemed it to
be in the best interests of the citizens and residents of the
City of Boynton Beach, Florida to execute an amendment to
Addendum II to the Conceptual Approval Agreement for the
Seacrest Scrub Joint City/County Acquisition project to define
the manner in which an extension was originally requested, as
provided by Rule 9K-4.010(2)(k) and F.A.C. (1992).
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 an amendment to Addendum II to the
Conceptual Approval Agreement, attached hereto as Exhibit "A".
Section 2. That this Resolution shall become
effective immediately upon passage.
PASSED AND ADOPTED this 7 day of December, 1993.
Com
ATTEST:
itI~-~lerk ~-
(COrporate Seal)
OF BOY~N~ BEACH~. FLORIDA
/~sioner
Authsig.doc
S/Crest. Pro
12/1/93
CONTRACT ~93-CT-11-91-1A-A1-027 FLORIDA COMMUNITIES TRUST
PlA AWARD # 91-022-PLA
ADDENDUM II TO CONCEPTUAL APPROVAL AGREEMENT
THIS ADDENDUM II 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 , 1993·
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 ~--~ ..........
· . ~ ~ ~ ~n~ re~elp~ o~ ~e
FCT ~reservat~on 2000 Serles. 1991A award and t~e restrictions that
are imposed on th~ Project Site subsequent to its acquisition with
the F~T Preservation 2000 Series 1991A award;
WHEREAS, the initial term of the Conceptual Approval Agreement
expired January 30, 1993;
WHEREAS, the Conceptual Approval Agreement was amended by
AMENDMENT I to expire July 31, 1993;
WHEREAS, the FCT Recipient in accordance with GENERAL
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 July 31,
1993, deadline;
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 se= forth in a written ~nstrument
and agreed to by both the FCT Recipient and FCT;
WHEREAS, the parties hereto desire to extend the term of the
Conceptual Approval Agreement as provided by Rule 9K-4.01012) (k)
F.A.C. (1992); ,
NOW THEREFORE, the FCT and FCT RECIPIENT mu=ually agree as follows:
1. Notwithstanding the language of Section I. GENERAL
CONDITIONS, paragraph 2. and paragraph 10., the parties hereby
agree to revive it nunc pro tunc as though it had not lapsed in
accordance with paragraph 2.
applied
1993.
In every respect, this amendment is to be construed and
as though the parties had both signed it before July 31,
3. The Conceptual Approval Agreement by and between FCT and
FCT Recipient is hereby extended for negotiations to continue. If
the Seller of the Project Site does not sign an option agreement by
August 25, 1993, but the Recipient takes some affirmative action to
ensure project continuation by August 25, 1993, the Conceptual
Approval Agreement is extended to September 30, 1993.
4. If the Seller of the Project Site signs an option
agreement by July 31, 1993, the Conceptual Approval ~greement will
automatically extend ~ ~ime sufficient to close the transaction.
5. The date of execution of this addendum shall be the date
that the last party signs this addendum.
CAA/022-P1A
ADDII/7-8-93
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THIS ADDENDUM II TO CONCEPTUAL APPROVAL AGREEMENT, the CONCEPTUAL
APPROVAL AGREEMENT and its Exhibit "A" embody the entire Agreement
between the parties.
IN WITNESS WHEREOF, the parties hereto have duly executed this
ADDENDUM II TO CONCEPTUAL APPROVAL AGREEMENT.
AGREED AND ACCEPTED, this PALM BEACH COUNTY, FLORIDA
DAY OF , 1993 B O A R D OF C 0 U N T Y
COMMISSIONERS
ATTEST:
Dorthy H. Wilken, Clerk
BY: BY:
Deputy Clerk Chair
Date: Date:
( SEAL )
Accepted as to Legal Form and Sufficiency:
BY:
County Attorney
CITY OF BOYNTON BEACH
ATTEST:
BY:
Date:
Accepte~as ~al
Date:
As.to ~he Cit%F'
Date:
Form and Sufficiency:
FLORIDA COMMUNITIES TRUST
Accepted as to Legal and
Sufficiency:
Linda Loomis Shelley, Chairman
Date:
Date:
CAA/022-P1A
ADDII/7-8-93
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