2007-074 Second Amendment to Financial Assistance AgreementRESOLUTION 2007-74
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A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF
NORTH PALM BEACH, FLORIDA, APPROVING A SECOND AMENDMENT
TO THE FINANCIAL ASSISTANCE AGREEMENT WITH PALM BEACH
COUNTY RELATING TO THE BEAUTIFICATION OF PROSPERITY FARMS
ROAD; AND PROVIDING FOR AN EFFECTNE DATE.
WHEREAS, on February 24, 2004, the Village entered into a Financial Assistance Agreement
with Palm Beach County ("County") providing for reimbursement funding for the cost of the
Village's planned improvements to Prosperity Farms Road from Northlake Boulevard to Burns
Road; and
WHEREAS, on April 5, 2005, the Village and the County entered into a First Amendment to the
Financial Assistance Agreement to provide additional funding toward the cost of improvements,
bringing the total available funding to $1,130,000.00; and
WHEREAS, the Village and County wish to again amend the Financial Assistance Agreement to
provide for additional funding, raising the total available funding to $1,305,000.00 and to extend
the completion date for the improvements; and
WHEREAS, the Village Council determines that the execution of a Second Amendment to the
Financial Assistance Agreement benefits the public health, safety and welfaze.
NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE
OF NORTH PALM BEACH, FLORIDA, as follows:
Section 1. The foregoing "whereas" clauses are hereby adopted as true and correct and aze
incorporated herein by reference.
Section 2. The Village Council hereby approves the Second Amendment to the Financial
Assistance Agreement (R2004-0303) relating to the Prosperity Farms Road Beautification,
attached hereto as Exhibit "A" and incorporated herein by this reference, and authorizes and
directs the Mayor and Village Clerk to execute such Agreement on behalf ofthe Village.
Section 3. This Resolution shall be effective immediately upon adoption.
PASSED AND ADOPTED THIS 12th DAY OF JULY. 2007.
(~/illage Seal)
ATTEST: ,
VILLAGE CLERK
S
R2007~:.1229 JUL 242001
AMENDMENT #2 TO fINANCIAt ASSISTANCE AGREEMENT WITH THE VILLAGE OF NORTH PALM BEACH FOR
PROSPERITY FARMS ROAD BEAUTIFICATION
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AMENDMENT #2 TO FINANCIAL ASSISTANCE AGREEMENT R2004-0303 DATED
FEBRUARY 24, 2004 WITH THE VILLAGE OF NORTH PALM BEACH REGARDING
PROSPERITY FARMS ROAD (NORTHLAKE BOULEVARD TO BURNS ROAD)
BEAUTIFICATION
THIS AMENDMENT is made to the Financial Assistance Agreement (82004-
0303) dated February 24, 2004, by and between the VILLAGE OF NORTH PALM
BEACH, a municipal corporation of the State of Florida, hereinafter "VILLAGE", and
BOARD OF COUNTY COMMISSIONERS OF PALM BEACH COUNTY, a political
subdivision of the State of Florida, hereinafter "COUNTY".
WITNESSETH:
WHEREAS, on February 24 2004, VILLAGE and COUNTY entered into a
i Financial Assistance Agreement (AGREEMENT) providing for reimbursement
funding of the cost of VILLAGE'S planned IMPROVEMENTS (as defined in
AGREEMENT) on COUNTY'S Prosperity Farms Road from Northlake Boulevard to
Burns Road, in an amount not to exceed NINE HUNDRED SEVENTEEN THOUSAND
FIVE HUNDRED AND 00/100 DOLLARS ($917,500.00); and
WHEREAS, that funding was is in addition to the previously reimbursed
funding of EIGHTY-TWO THOUSAND FIVE HUNDRED AND 001100 DOLLARS
($82,500.00) toward the cost of the IMPROVEMENTS for preparation of the study in
accordance with Agreement 82001-0182; and
WHEREAS, on April 5, 2005, the parties entered into the First Amendment to
the AGREEMENT wherein COUNTY provided additional funding for the cost of the
IMPROVEMENTS in an amount not to exceed ONE HUNDRED THIRTY THOUSAND
AND 001100 DOLLARS ($130,000.00) with the VILLAGE which brought the total
available funding to ONE MILLION ONE HUNDRED THIRTY THOUSAND AND 001100
($1,130,000.00) DOLLARS; and
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AMENDMENT IYt TO FINANCIAL ASSISTANCE AGREEMENT WITH THE VILLAGE OF NORTH PALM BEACH FOR
PROSPERITY FARMS ROAD BEAUTIFICATION
WHEREAS, COUNTY wishes to provide additional funding for the
IMPROVEMENTS in an amount not to exceed ONE HUNDRED SEVENTY-FIVE
THOUSAND AND 00/100 DOLLARS ($175,000.00) bringing total funding to ONE
MILLION THREE HUNDRED FIVE THOUSAND DOLLARSAND 001100 ($1,305,000.00);
and
WHEREAS, the completion date of the IMPROVEMENTS has been further
delayed due to contractor pertormance with the construction of the project; and
WHEREAS, VILLAGE and COUNTY desire to extend the existing deadline by
which the IMPROVEMENTS are to be completed, and final paid invoices submitted to
COUNTY to a date no later than December 31, 2007; and
WHEREAS, VILLAGE and COUNTY desire that this amendment shall relate
back to December 31, 2006, and the Contract continued without interruption nor
lapse and its term extended for an additional twelve (12) month period until
December 31, 2007.
NOW, THEREFORE, in consideration of the promises contained in the
AGREEMENT, the First Amendment, and this Second Amendment, the parties agree
as follows:
1. Paragraph 3(A) of the AGREEMENT is amended to read as follows:
A. Funding. VILLAGE acknowledges and agrees that COUNTY has
reimbursed VILLAGE the amount of Eighty Two Thousand Five
Hundred Dollars and 001100 ($82,500.00) toward the cost of the
IMPROVEMENTS for the preparation of the STUDY in accordance with
AGREEMENT 1. COUNTY agrees to reimburse VILLAGE, subject to the
terms and conditions of this AGREEMENT, an additional amount not to
exceed One Million, Two Hundred Twenty Two Thousand, Five Hundred
and 00/100 Dollars ($1,222,500.00), toward the cost of the
IMPROVEMENTS. Of this amount, Eight Thousand, Sixty Nine and
001100 Dollars ($8,089.00) is to fund increased costs to complete the
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AMENDMENT ~Wt TO FINANCIAL ASSISTANCE AGREEMENT WITH THE VILLAGE OF NORTH PALM BEACH FOR
PROSPERITY FARMSL ROAD BEAUTIFICATION
original scope of the IMPROVEMENTS. The VILLAGE agrees that it shall
be responsible for all costs necessary to complete the IMPROVEMENTS
in excess of the funding provided orto be provided by COUNTYforthe
IMPROVEMENTS.
2. The last sentence of Paragraph 3(B).2 of the AGREEMENT is amended
to read as follows:
VILLAGE shall complete the construction of the IMPROVEMENTS on
or before December 31, 2007.
3. The last Sentence of Paragraph 4 of the AGREEMENT is amended to
read as follows:
VILLAGE shall submit all requests for reimbursement on or before
December 31, 2007.
4. All provisions, covenants, terms and conditions of the AGREEMENT
between the parties heretofore entered into under the date of February 24,
2004, Amendment One dated April 5, 2005, as originally set forth therein,
which are not hereby expressly amended or modified and not in conflict with
the terms hereof, are hereby ratified and confirmed and shall remain the same
and be unaffected by these presents.
(INTENTIONALLY LEFT BLANK)
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AMENDMENT N210 FINANCIAL ASSISTANCE AGREEMENT WITH THE VILLAGE OF NORTH PALM BFACH FOR
PROSPERITY fARMSL ROAD BEAUTIFICATION
IN WITNESS WHEREOF, the parties have executed this Agreement and it is
effective on the day first above written.
PALM BEACH COUNTY, FLORIDA, BY VILLAGE OF NORTH PALM BEACH
ITS BOARD OF COUNTY COMMISSIONERS BY ITS VILLAGE COMMISSION
Byt ,L /.X~f~G~ ~ E~II.t~~,c~ By~ s
ADDIE L. GREENE, CHAIRPERSON nnev o
(couNTY sEAL~
ATTEST:
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ATTEST: ~'''.~,~ r ~ ~~;'..•'.~~CJ`.,
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SHARON R. BOCK, CLERK &
COMPTROLLER ~ ~~°"~
e~~'M BE~{cy
~p71P~Y
By:
VILLAGE CLE K
APPR~VED AS TO F6RM AND LEGAL
SUFFICIENCY
ASSISTANT COUNTY ATTORNEY
APPROVED AS TO TERMS AND
CONDITIONS
BY: ~~
APPROVED AS TO FORM AND LEGAL
SUFFICIENCY
VILLAGE ATTORNEY
2007WP8 PROSPERnYWGR AMD NPB PROSPERnY 2 07T007b.doe
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