R23-136 1 RESOLUTION NO. R23-136
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3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA,
4 APPROVING AND AUTHORIZING THE MAYOR TO SIGN THE
5 FIRST AMENDMENT TO FACILITY USE AGREEMENT
6 BETWEEN ATHLETIC ANGELS FOUNDATION, INC. AND THE
7 CITY OF BOYNTON BEACH TO PROVIDE FOR ADDITIONAL
8 TIME TO OBTAIN PERMITS AND SITE PLAN APPROVAL;AND
9 PROVIDING AN EFFECTIVE DATE.
10
11 WHEREAS,on April 11th, 2023 the City Commission approved a Facility Use Agreement
12 between Athletic Angels Foundation, Inc. and the City of Boynton Beach;and
13 WHEREAS, City staff and Athletic Angels have been working to finalize the proposed
14 improvements and coordinate the design, permitting, and site plan approval for all parties
15 involved; and
16 WHEREAS, Athletic Angels have requested additional time to seek final permits and
17 site plan approval which is anticipated to be complete by December 31st, 2023; and
18 WHEREAS, Staff recommends granting the time extension to allow Athletic Angels
19 Foundation additional time to secure all permits and site plan approval for the intended
20 project; and
21 WHEREAS, the City Commission has determined that it is in the best interests of the
22 residents of the City to approve and authorize the Mayor to sign the First Amendment to
23 facility use agreement between Athletic Angels Foundation,Inc.and the City of Boynton Beach
24 to provide for additional time to obtain permits and site plan approval.
25 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF
26 BOYNTON BEACH, FLORIDA, THAT:
27 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as
28 being true and correct and are hereby made a specific part of this Resolution upon adoption
29 hereof.
30 Section 2. The City Commission hereby approves and authorizes the Mayor to
31 sign the First Amendment to facility use agreement between Athletic Angels Foundation,Inc.
32 and the City of Boynton Beach to provide for additional time to obtain permits and site plan
33 approval.A copy of the Amendment is attached hereto and incorporated herein by reference
S:\CA\RESO\Agreements\Approve First Amendment To Agreement With Athletic Angels-Reso.Docx
34 as Exhibit "A".
35 Section 3. This Resolution shall become effective immediately upon passage.
36 PASSED AND ADOPTED this 3rd day of October, 2023.
37 CITY OF BOYNTON BEACH, FLORIDA
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39 YES /NO
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41 Mayor—Ty Penserga V
42 /
43 Vice Mayor—Thomas Turkin ‘/
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45 Commissioner— Angela Cruz
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47 Commissioner—Woodrow L. Hay
48 /
49 Commissioner—Aimee Kelley
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51 VOTE 5
52
53 ATT ST:
54
55 ge /-56 II . 0/ I Ai::
57 Mayle dipesus, MPA MC Ty Pe - •':
58 City Cler i_oy NTON%`` ' '.yor
59 :pE, ORq•e %VI it
60 %��•o P r Z't� APPROVED AS TO FORM:
61 (Corporate Seal) , SEAL #
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62 ••►NCORPORA
63 II • 1920TED.....- 1 W ►
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64 14 ‘. Pr David N. Tolces
65 `' ... ..—FLOR�� Interim City Attorney
S:\CA\RESO\Agreements\Approve First Amendment To Agreement With Athletic Angels-Reso.Docx
FIRST AMENDMENT
TO SPORTS FACILITY USE AGREEMENT
THIS FIRST AMENDMENT TO THE SPORTS FACILITY USE AGREEMENT
("First Amendment")is made to be effective as of this 3 day of OeijaC,2023,by
and between the CITY OF BOYNTON BEACH, a Florida municipal corporation (the
"City"), and ATHLETIC ANGELS FOUNDATION, INC., a Florida not-for-profit
corporation (hereinafter referred to as "Angels"); hereinafter referred to collectively as the
"parties".
RECITALS
WHEREAS, the City and Angels entered into that certain Sports Facility Use
Agreement dated April 11, 2023, for the purpose of the Angels' use, operation and
maintenance of Field#1 at Little League Park in the City of Boynton Beach (the"Original
Agreement"),and
WHEREAS, the parties wish to amend the Original Agreement to provide for an
extension of the completion date, and the date for Angels to submit and receive approval of
all permits and site plan for the Project.
NOW,THEREFORE,in consideration of the premises and other good and valuable
considerations herein acknowledged and received, the parties agree as follows:
1. Recitals; Terms. The foregoing recitals are true and correct and are
incorporated herein. Capitalized terms not defined herein will have the meaning ascribed to
them in the Agreement.
2. That the City and Angels agree to amend Article 6.1 of the Original
Agreement to read as follows:
The Angels shall have until December 31, 2023 to submit all required
documents and receive any and all permits for the Project. Prior to receipt
of any permits for the Project from the City, the Angels shall be required to
receive final site plan approval from the City Commission of the City of
Boynton Beach. Upon approval of the final site plan by the City
Commission and once the permits are received by the Angels, the Project
Manger shall instruct Angels to commence the Construction Phase of the
Project by written instructions in the form of a Notice to Proceed issued by
the City. Construction of the project shall commence within seven (7)
calendar days of the Project initiation date specified in the Notice to
Proceed (the "Construction Commencement Date"). The Notice to
Proceed will not be issued until after execution of this Agreement by both
parties and receipt and approval by the City of all required documents,
including a task and delivery-oriented project timeline.
3. All other terms and provisions of the Original Agreement not otherwise
modified by this First Amendment are hereby ratified and confirmed and shall remain in full
force and effect.
ANGELS: CITY:
Athletic Angels Foundation,Inc. CITY OF BOYNTON BEACH,
a Florida not for profit corporation a Florida municipal corporation
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