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
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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
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