R16-031 RESOLUTION R16 -031
A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA,
APPROVING A SECOND AMENDMENT TO THE BOYNTON
VILLAGE PARK CONVEYANCE AGREEMENT BETWEEN THE
CITY OF BOYNTON BEACH AND BR CORTINA ACQUISITIONS
LLC., AND AUTHORIZING THE MAYOR TO SIGN THE SECOND
AMENDMENT; AND PROVIDING AN EFFECTIVE DATE.
11 WHEREAS, on November 17, 2015, the City Commission approved the Boynton
1 Village Park Conveyance Agreement (resolution R15 -141) between the City of Boynton Beach
1 and BR Cortina Acquisitions LLC., which requires the completion and acceptance of the park
1: by the City prior to issuance of the first certificate of occupancy for the project; and
14 WHEREAS, on February 2, 2016, the City Commission approved the First
15 Amendment to the Boynton Village Park Conveyance to allow for the issuance of certificates of
13 occupancy for certain units and the clubhouses prior to completion and acceptance of the park
17 by the City; and
13 WHEREAS, the applicant is requesting this amendment to the agreement to amend the
1D closing date from 90 days after the Effective Date which would be February 23, 2016 to a point
2 3 in time that is three (3) business days after the receipt of the release for the easement contained
21 in the Special Warranty Deed recorded in ORB 23237, Page 1640; and
22 WHEREAS, the City Commission of the City of Boynton Beach deems it in the best
23 interest of the residents and citizens of the City to approve the Second Amendment to the
24 Boynton Village Park Conveyance Agreement.
23 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
23 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
27 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as
25 being true and correct and are hereby made a specific part of this Resolution upon adoption
21 hereof.
3, Section 2. The City of Boynton Beach approves the Second Amendment to the
3 Boynton Village Park Conveyance Agreement and authorizes the Mayor to sign the Second
3 Amendment, a copy of which is attached hereto as Exhibit "A ".
3; Section 3. That this Resolution shall become effective immediately upon passage.
3 PASSED AND ADOPTED this 16th day of February, 2016.
3 CITY OF BOYNTON BEACH, FLORIDA
3
3' YES NO
3;
3: Mayor — Jerry Taylor
4
4 Vice Mayor — Joe Casello
4; Commissioner — David T. Merker
4
4,' Commissioner — Mack McCray /'
4.
4 r Commissioner — Michael M. Fitzpatrick /
4:
4'!
51 VOTE
5
5' ATTEST:
5:
5? 3 `
5' Jud}'�, A. Pyle, CMC
5' Intirim City Clerk
5:
0
6
6 (Corporate Seal)
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SECOND AMENDMENT TO BOYNTON VILLAGE PARK CONVEYANCE
AGREEMENT
THIS SECOND AMENDMENT TO BOYNTON VILLAGE PARK CONVEYANCE
AGREEMENT ( "Amendment ") is made and entered into as of February &L.), 2016 by and between
BR CORTINA ACQUISITION LLC, a Delaware limited liability company ( "BR Cortina ") and
THE CITY OF BOYNTON BEACH, FLORIDA, a municipal corporation of the State of Florida
(the "City ", and together with BR Cortina, each a "Party "; and together the "Parties ").
RECITALS
A. The Parties previously entered in to that certain Boynton Village Park Conveyance
Agreement with an Effective Date of November 25, 2015, as amended by the First Amendment to
Boynton Village Park Conveyance Agreement dated February 5, 2016 (as amended, the
"Agreement ") for the exchange of certain tracts and parcels of land in the project known as Boynton
Town Center located in the City of Boynton Beach, Palm Beach County, Florida, as more
particularly described in the Agreement.
B. The Parties desire to amend the Agreement as set forth in this Amendment.
NOW, THEREFORE, in consideration of the mutual covenants and agreements set forth in
this Amendment, and other good and valuable consideration, the receipt and sufficiency of which
are hereby acknowledged, the Parties agree as follows:
AMENDMENT
1. Recitals. The foregoing Recitals are true and correct and are hereby incorporated
into the Amendment by this reference.
2. Defined Terms. All capitalized terms used but not otherwise defined in this
Amendment shall have the same meaning given to such terms in the Agreement.
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3. Closing Date. Item 8 of Schedule B Section 1 of the Existing Park Title
Commitment requires a release of the reserved easements contained in the Special Warranty Deed
recorded in Official Records 23237, Page 1640 of the Public Records of Palm Beach County,
Florida ( "Reserved Easements "). The parties are continuing to attempt to obtain a release
( "Release ") of the reserved easements. As such, Section 2(A) of the Agreement is modified to
delete the phrase "no later than ninety (90) days following the Effective Date" and replace it with
the phrase "on the date that is Three (3) Business Days following the date on which the Release is
recorded in the Public Records of Palm Beach County, Florida satisfying the requirements of the
Existing Park Title Commitment ".
4. Miscellaneous. Except as modified or amended by this Amendment, the Parties
hereby ratify and confirm the Agreement in all respects and the same shall remain in full force and
effect as originally set forth in the Agreement and be binding on the Parties in accordance with its
terms. This Amendment shall be binding upon and inure to the benefit of the Parties, and their
respective heirs, personal representatives, successors and assigns.
5. Counterparts. This Amendment may be executed in two or more counterparts, each
of which shall be an original but all of which shall constitute one instrument. An executed facsimile
copy or e -mail delivery of a ".pdf' format data file shall be an acceptable form of acceptance of this
Amendment, and shall be considered an original for all purposes.
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6. Conflicts In the event of any conflict between the terms of the Agreement and the
terms of this Amendment, the terms of this Amendment shall control.
above.
IN WITNESS WHEREOF, the Parties have executed this mendment as of the date set forth
ATTEST:.
Ju h A. Pyle, CMC
Interim City Clerk
BR CORTINA ACQUISITION LLC,
a Delaware limited liability company
By: Bridge Cortina Management, LLC
a Florida limited liability, its non - member
managr
X
By.
Name: &-
Title: rt i w b
CITY OF BOYNTON BEACH, a municipal
corporation of the State of Florida
By: M�
J,'rry Taylor, ayor;
Approved as to Form:
L LC L'_ (SEAL)
Office of the City Attorney
6938619 -1