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R93-129RESOLUTION NO. R93-/~ A RESOLUTION OF THE CITY COF~ISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE 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 January, 1993 to extend its expiration date to July 31, 1993; which deadline could not be met; and WHEREAS, the-FloridalCommunities Trust (FCT) has approved an extension to August 25, 1993, and WHEREAS, the City Commission of the City of Boynton Beach, Florida, UPon recommendation of staff, has deemed it to be in the be~t ~n~erests ~f the citizens and residents of the City of Boyn~0n Beach, Florida to execute a Addendum II to ~he Conceptual ApprOval kgreement for the Seacrest Scrub Joint City/County Acquisition project. NOW, T~IEREFORE, BE IT RESO/uVED BY T~F~. 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 II to the Conceptual Approval Agreement, attached hereto as Exhibit "A". Section 2. That this Resolution effective immediately upon passage. shall become PASSE~ AND ADOPTED this /~ day of August, 1993. CITY OF BEACH, FLORIDA ATTEST: Commissioner //~mm~ s s io-nor Commi~ioner Cit~/ Clerk (Corporate Seal) Authsig.doc S/Crest. Pro 8/12/93 CONTRACT #93-CT-il-gl-lA-A1-02? 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 nonr~gulatory agency within the State of Florida Department of community Affairs, and PALM BE~CH COUNTY and CITY OF BO~NTON 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 prior to the receipt of the FCT Preservation 2000 Series 1991A award an~ the restrict~0ns~ that are imposed ~n the Project Site subject to its acquisition wi%h the FCT Preservation 2000 Series 1991A award; WHEREAS, the initial ~erm 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, GENERAL,.CONDITIONS paragraph 10 of the Conceptual Approval Agreemen~ states that the agreement may be amended at any time prior ~o 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; WHEREAS, the parties hereto desire to extend the term of the Conceptual Approval Agreement as provided by Rule 9K-4.~10(2) (k) F.A.C. (1992); , 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 agree to revive it nunc pro tunc as though it had not lapsed in ~ccordance with paragraph 2. 2. In every respect, this amendmen~ is ~o be construed and applied as~ though the parties had both signed it before July 31 1993. , 3. The Conceptual Approval Agreement by and between FCT and FCT Recipient is'hereby extended for negotiations ~o 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 ~s extended to September 30, 1993. CAA- 922-P iA ADDII/7-8-93 1 of 2 4. If the Seller of the project site does not sign an option agreemen~ by September 30, 1993, the Conceptual Approval Agreement will terminate, and all obligations thereunder will cease. 5. The date of execution of this addendum shall be the date that the last party signs this addendum. 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 kDDENDUM II TO CONCEPTUAL APPROVAL AGREEMENT. AGREED AND ACCEPTED, this PALM BEACH COUNTY, FLORIDA day of , 1993 B O A R D O F C O U N T Y COMMISSIONERS ATTEST: Dorothy H. Wilken, Clerk BY: BY: Deputy Clerk Chair Date: Date: (SEAL) Accepted as to Legal Form and BY: County Attorney Date: Sufficiency: CITY OF BOYNTON BEACH ATTEST: Cit~ Clerk Date: ~~ ~ /~_~ Accept gal Form and City/Attorn~ Date: ~/~/~ FLORIDA COMMUNITIES TRUST As to._th~ City: / ~ TITLE: /~,~ ~/~ Sufficiency: Accepted as ~0 Legal Form and Sufficiency: Linda Loomis Shelley, Chairman Date: Date: CAA/022-PlA ADDII/7-8-93 2 of 2