R01-211RESOLUTION NO. R01- ~ I I
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING
THE MAYOR AND CITY CLERK 71'O APPROV~ AND
EXECUTE A THIRD REVISED DEVELOPMENT
AGREEMENT BETWEEN THE CiTY OF BO~NTON
BEACH AND AERC OF VIRGINIA, INC., SUCCESSOR IN
BUSINESS TO OCEAN BREEZE FESTIVAL PARK, INC.,
EXTENDING THE TIME FOR COMPLETION OF
IMPROVEMENTS TO CASA LOMA BOULEVARD TO
OCTOBER 15, 2001; AND PROVIDING AN EFFECTIVE
DATE.
VOtEREAS. the City of Boymon Beach and Developer entered into a First
kmendment te Developmem Agreement on October 5, 1998, a Revised Development
a~greement on October 13, 1999, and a Second Revised Development Agreement on June 6,
2000, which all constitute part of the original Agreement between the City and Developer
.ated July 1. 1997; and
WHEREAS, Developer and City have agreed to extend the date of completion for
asa Loma Boulevard improvements to October 15, 2001.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
rile CITY OF BOYNTON BEACH, FLORIDA THAT:
Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as
)eing true and correct and are hereby made a specific part of this Resolution upon adoption
hereof.
Section 2. The City Commission of the City of Boynton Beach, Florida, hereby
authorizes and directs the Mayor and City Clerk to execute the Third Revised Development
Agreement attached as Exhibit "A".
Section 2. That this Resolution shall become effective immediately upon passage.
PASSED AND ADOPTED this
ATTEST:
day of June, 2001.
CITY OF BOYNTON BEACH, FLORIDA
%
~Commissioner
commissioner
~ [~ 9_.9 r~i~Hl[~D REVISED DEVELOPMENT AGREEMENT
THIS ADDENDUM dated the Iq day of June, 2001, is entered into between
the CITY OF BOYN'~ON BEACH, hereinafter referred to as "City", and AERC OF
VIRGINIA, an Ohio Corporation. authorized to do business in the State of Florida.
successor m business to OCEAN BREEZE FESTIVAL PARK, INC,, hereinafter referred
to as "Developer", in consideration of the mutual ~)eneflts, terms, and conditions
hereinafter specified, and shall constitute part of the original agreement between the
City and Developer dated July 1 1997.
WHEREAS, the City and the Devek~per entered into a First Amendment to
Development Agreement on' October 5. 1998, a Revised Development Agreement on
October 13, 1999, and a Second Revised Development Agreement on June 6, 2000;
and
WHEREAS, Developer and City have agreed to extend the date for completion
for Casa Loma Boulevard improvements October 15~ 2001;
NOW THEREFORE, BOTH PARTIES AGREE AS FOLLOWS:
Section 1. That Paragraph 12 B. of the original agreement, "Casa Loma
Boulevard" between '[he City and Developer is hereby amended to read as follows:
B. The DEVELOPER shall complete those improvements to Casa Loma
Boulevard as depicted on the SITE PLAN by Mcy 7, 200! October 15, 2001 n
addition to the improvements shown on the Site Plan ....
Section 2. All other terms, prows~ons and conditions of the original agreement
not effected by this addendum remain unchanged.
City of Boyn~on Beach
10~ E Boynton Beach Blvd
P.O. Box 310
Bdynton Beach,Fl 33425
Section 3. Each person sigmng this addendum on behalf of either party
individually warrants that he or she has full legal power to execute this addendum on
behalf of the party for whom he or she is signing, and to bind and obligate such party
with respect to all provisions contained in this addendum
IN WITNESS OF THE FOREGOING, the parties have set their hands and seals
this /~(.~ day of June. 2001
mayor /
Attest: .,:,.\\\y~illlIIIIiIiii/~,
- '
/Cit~ Clerk ~ ~/' e ~ ¢ ~
STATE OF FLORIDA A ~./~ /~
COUNTY OF PALM BEACH ~//~IDA .,~
~lllllllllllli~~
AERC OF VIRGINIA, INC.
Title
BEFORE ME, an officer duly authorized by law to a~dminister oaths and take
acknowledgments, personally appeared ~/'~?¢x/J / /.J'£¢d~-~'~ 2'~3~,e. and
acknowedged he executed the foregoing At~dendum for the u~'e' andC purposes
mentioned in it, and that the instrument is his act and deed.
My Commission Expires:
IN WITNESS OF THE FOREGOING, I have set my hand
at in the State and County aforesaid on this//CC-day of ~ 2001.
NOTARY PUBLIC
o,,.¢,~pu~ Barbara M. Ma~aen
~, vC~CommiSsi0n # CC 760467
~pb~ Ju~19,2~2
BONO~THRU
~ ~ :~ ~TLA~C 90No'"G CO.
and official seal
STATE OF ~R-G~N-'zA o}~IO )
I SS:
c aUNty OFA .SLi - r c_ )
Ol~ 1 ;E:80:::' P§ 101 ~
~OR~THY H, WILMEN, CLERK PB CDUNT¥~ Fl.
I HEREBY CERTIFY that on this day, before me, an office.[ duly au. thooze.d to . _ ,
administer oathsana taxe ac~mo~vleagemenrs, personauy app n~ A~,nc ~,~ xz~,~gi,, !~_. Inc.
known to me to be the person described in and who executed the foregoing ins/rument, who
acknowledged before me that he executed the same, x is personally known ~o me, or produced
the following type identification and an oath
~vs not taken.
Wimess my hand and official seal in the County and State last aforesaid this 23rd day
of JuLy .2001.
~otary. Public --
My Commission Expires:
SUSAN K. B~ZEK, Notary Pubrm
Stat~ d Ohio
My Cemmlssioa ~piras ~17~ 200~ - :