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R05-090 II I 1 RESOLUTION NO. R 05- oQD 2 3 A RESOLUTION OF THE CITY COMMISSION OF THE 4 CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING 5 THE EXECUTION OF ADDENDUM I TO GRANT 6 CONTRACT BETWEEN THE CITY OF BOYNTON BEACH 7 AND THE FLORIDA COMMUNITIES TRUST (FCT) TO 8 EXTEND THE GRANT CONTRACT DEADLINE FROM JUNE 9 1, 2005 TO SEPTEMBER 1, 2005; AND PROVIDING AN 10 EFFECTIVE DATE. 11 12 WHEREAS, on November 16, 2004, the City Commission authorized via Resolution 13 R04-199, the execution an Agreement between the Florida Communities Trust to provide 14 $1,710,158.50 which is 50% reimbursement of the final project costs for the acquisition of the 15 Jaycee Park property from Florida Inland Navigation District;; and 16 17 WHEREAS, the initial term of the Grant Contract expires on June 1,2005; and 18 19 WHEREAS, the parties desire to extend the term of the Grant Contract. 20 21 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 22 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 23 24 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 26 hereof. 27 28 Section 2. The City Commission of the City of Boynton Beach, Florida does 29 hereby authorizing execution of the Addendum I to Grant Contract with the Florida 30 Communities Trust, which is attached hereto as Exhibit "A". 31 32 PASSED AND ADOPTED this ~ day of May, 2005. 33 34 CITY OF BOYNTON BEACH, FLORIDA 35 36 37 38 39 / 40 / .. ayor 41 ~..~Û-- 42 43 ~er 44 - c- ~~ 45 46 Commissioner 47 48 49 Commissioner 50 51 II , ! I FCT Contract Number 05-CT-17-04-F1-A1-023 R05 ..,oq 0 FLORIDA COMMUNITIES TRUST FF4 Award Number 04-023-FF4 JAYCEE PARK ACQUISITION ADDENDUM I TO GRANT CONTRACT THIS ADDENDUM I is entered into by and between the FLORIDA COMMUNITIES TRUST (FCT), a n onregu1atory agency within the State of Florida Department of Community Affairs, and CITY OF BOYNTON BEACH, a local government ofthe State of Florida (Recipient), this Ilo ~ day of , \ un e..- , 2005. NOW THEREFORE, FCT and Recipient mutually agree as follows: WHEREAS, the parties hereto entered into a Grant Contract which sets forth the conditions of conceptual approval that must be satisfied by Recipient prior to the receipt of the FCT Florida Forever award and the restrictions that are imposed on the Project Site subsequent to its acquisition with the FCT Florida Forever award; WHEREAS, the initial term of the Grant Contract expires June 1,2005; WHEREAS, the FCT Recipiènt in accordance with PERIOD OF AGREEMENT paragraph 2 ofthe Grant Contract and in compliance with Rule 9K -7 .009(5), F .A.C., has timely submitted to FCT a written request for extension of the June 1,2005 deadline; WHEREAS, MODIFICATION OF AGREEMENT paragraph 1 of the Grant Contract states that the agreement may be amended at any time prior to FCT giving final project plan approval to the Recipient. Any agreement must be set forth in a written instrument and agreed to by both the Recipient and FCT; WHEREAS, the parties hereto desire to extend the term ofthe Grant Contract as provided by Rule 9K-7.009(5), F.A.C.; NOW THEREFORE, the FCT and RECIPIENT mutually agree as follows; 1. Notwithstanding the language of Section I. PERIOD OF AGREEMENT, paragraph 2., the parties hereby agree to revive it nunc pro tunc as though it had not lapsed in accordance with paragraph 1. 04-023-FF4 February 2, 2005 GCAMD.1 1 ". 2. In every respect, this amendment is to be construed and applied as though the parties had both signed it before June 1,2005. 3. T he Grant Contract b y and between F CT and Recipient is hereby extended until September 1, 2005. This Addendum I, and the Grant Contract embody the entire agreement between the parties. All other terms and conditions not specifically referenced in this agreement remain the same and unchanged. IN WITNESS WHEREOF, the parties hereto have duly executed this Addendum I. CITY OF BOYNTON BEACH F ~~ By: --, Jani e Br wnin , Director, D'vision of Hou ·ng Community Dev opment Date: ~ ,- Date: Ie l lIP !be; I Approved as to F Approved as to Form and Legality: By: By: !utÙ!-~_-7YAt2A/I./1 Print Name: --tbv Kristen L. Coons, Trust Counsel 04-023-FF4 February 2, 2005 GCAMD.1 2 " 0" 1\J~~ ,,\) ~~\\ ~ IFl ' J C ' ., T t \Q) Jr 11& (CD YJr:UllJì 'LlJrln t 11 e § ~ IrU § , -, June 27, 2005 Mr. Wally Majors Recreation and Park Director P.O. Box 310 Boynton Beach, FL 33435 RE: FCT Project Number: 04-023-FF4 City of Boynton Beach Jaycee Park Acquisition Dear Mr. Majors: Enclosed please find a fully executed original of the Addendum I to Grant Contract for the above-referenced Florida Communities Trust Project. If you have any questions, please contact me at (850) 922-2207 (SunCom 292-2207). Sincerely, !lIf:J ~ ~ TiffanyL.Curry Grants Specialist IV tIc\ Enclosures DEPARnlE~T OF CO~lMl;~¡TY AFFAIRS· 2';';'; SIII\L\RIJ (hi-.: BO U'VAIW . TAI.IAIIASSEF, FL :ì2:ì99-2100 S';OÎ922-2207 . SI ~CO\I 292-2207 . FAX S';O/921-174"'7 1'1,'1:11)\( II·: 'I I~ I , '"