R16-007 1
2 RESOLUTION NO. R16 -007
3
4 A RESOLUTION OF THE CITY OF BOYNTON BEACH,
5 FLORIDA, APPROVING A FIRST AMENDMENT TO
6 DEVELOPER'S AGREEMENT BETWEEN THE CITY OF
7 BOYNTON BEACH AND SKYE AT BOYNTON BEACH, LLC,
8 THAT DEFINES THE DEVELOPER'S OBLIGATIONS AS PART
9 OF A CONSTRUCTION AGREEMENT BETWEEN THE CITY
10 AND FDOT FOR CERTAIN ROADWAY IMPROVEMENTS
11 ALONG SOUTH FEDERAL HIGHWAY IN FDOT RIGHT OF
12 WAY; AND PROVIDING AN EFFECTIVE DATE.
13
14 WHEREAS, on July 1, 2014 the City Commission approved the 500 Ocean site
15 plan for the mixed use project consisting of 341 dwelling units within five (5) six (6) story
16 buildings, retail space and associated amenities and parking, zoned MU -H (Mixed Use
17 High); and
18 WHEREAS, on May 5, 2015, the land development agreement between the City
19 and SKYE at Boynton Beach, LLC., was approved via Resolution 15 -047; and
20 WHEREAS, the First Amendment outlines the developer obligations as required
21 by the execution of a Construction Agreement between the City of Boynton Beach and the
22 Florida Department of Transportation for certain right of way improvements along South
23 Federal Highway adjacent to the 500 Ocean project required as part of the FDOT
24 permitting process; and
25 WHEREAS, upon recommendation of staff, the City Commission of the City of
26 Boynton Beach Florida deems it to be in the best interest of the citizens of the City of
27 Boynton Beach to approve and authorize the City Manager to sign the First Amendment to
28 the Developer's Agreement between the City of Boynton Beach and SKYE at Boynton
29 Beach, LLC.
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30 • NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
31 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
32 Section 1. . The foregoing "Whereas" clauses are hereby ratified and confirmed
33 as .being true and correct and are hereby made a specific part of this Resolution upon
34 adoption.
35 Section 2. The City Commission of the City of Boynton Beach, Florida, hereby
36 approves and authorizes the City Manager to sign the First Amendment to the Developer's
37 Agreement between the City of Boynton Beach and SKYE at Boynton Beach, LLC., a
38 copy of the First Amendment to Developer's Agreement is attached hereto as Exhibit "A ".
39 Section 3. That this Resolution shall become effective immediately.
40 PASSED AND ADOPTED this 19th day of January, 2016.
41 CITY OF BOYNTON BEACH, FLORIDA
42 YES NO
43
44 Mayor — Jerry Taylor
45
46 • Vice Mayor — Joe Casello
47
48 Commissioner — David T. Merker •
49
50 Commissioner — Mack McCray
• 51
52 Commissioner — Michael M. Fitzpatrick •
53
54 •
55 VO
56 ATTEST:
�r jt ,4 j f kJ°
60 J�'Ith A. Pyle, CMC
61 Interim City Clerk
< °{
63 (Corporate Seal)
S: \CC \WP \Resolutions\20I6 \R16 -007 SKYE_ 1st_ Amendment _to_Developers_Agmt.doc
.17TRIST &,N/f EiNIIIN, "PCI L) ILI 1 �1'1 jr J-0 I -R.-TI-ENIEPNIT
Tiijs First Amendment to DevJoper's AgreemeniL i, made --.rid entered into this 16 day of
Februar by and tbeh� ;een th& City of Boynton 13�acjl (hereinafter referred to as "City ") and
Skye at Boynton Beach, LLC., (hereinafter referred to - ,ks "Developer") (collectively referred to
as the "parties").
SA; I T N E S S ETH
WHEREAS, the City and Developer entered into a Developer's Agre,,-meat (,�\.reement")
M C>
dated May 5, 20 5, a copy of which is attached hereto as Exhibit "A": and
'YV_T-111. Developer is obligated to construct on-strcrt parking along TJ.S. Highway One as a
condition of the approved site plan; and
VY l IERE,4%,S, as a condition of construction of the on-street parking, the City was required to
enter into an Agreement with the Florida Department of Transportation (hereinafter "FDOT");
and
, %I REAS. THE Developer has agreed to indeinnify the City against all risk arising from the
City's a-reernent with FDOT; and
, o,;NER_E'AS, the Dcvelop� has agreed to reirnburse th;_- City for th- cost of any bond required
by FDO'fot'the City; and
the parties desire to :further mend said Agreement as provided below,
N
U0 TITT�UZEFORE, in consideration of the premises and for other good and valuable
C�
consideration the receipt and sufficiency of which are hereby acknowledged, tha parties agree as
,ollows:
I
i, The recitals contained herein are hereby incorporaied by referencz-
2, Developer has reviev,7ed the City's. Agreerneat wich FDOT and agrees to indemnify the
City against any risk. to the City arising from that Agreement; and
3. The Developer shall pay to the City, within thirty clays of written request, the cost of any
bond required of the City by FDOT; and
4, This Agreement shall survive the expiration of the Developer's Agreement and shall
remain in effect until the City has satisfied its obligations under the City's Agreement with
FDOT and has been released there frorn,
5- Th,- terms and conditions of the Agreeine Jt shall remain in full force and effect except as
spccifically amended herein. In the event of a conflict between the terms of the
Agreement and this First Amendment, the terms of the First Amendment shall control.
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Janles A. CheT cxx At�mmney
BEA� OT, LLC�
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TITLE:
DATE:
Stale of Florida
County o
The foregoing instrument was acknowledged. before me flliS2�� �av of January, 2 by
in his capacity as M at 2,o Y nton Beach
V no to Me
Produced Identification
Notary Signature: _,
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