R06-075
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2 RESOLUTION NO. R06- 0'15"
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5 A RESOLUTION OF THE CITY COMMISSION OF
6 BOYNTON BEACH, FLORIDA, APPROVING THE
7 AGREEMENT BETWEEN THE CITY OF BOYNTON
8 BEACH AND THE CITY OF DELRAY BEACH
9 REAGARDING THE MAINTENANCE OF THE LAKE
10 DRIVE BRIDGE; AND PROVIDING AN EFFECTIVE
11 DATE.
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14 WHEREAS, the property located at 2200 Lake Drive is currently within the City
15 limits of Boynton Beach. The property owner wishes to de-annex the from the City of
16 Boynton Beach and annex the property into Delray Beach as it is not contiguous and fails to
17 meet the criteria set forth in Florida Statute Section 171.043; and
18 WHEREAS, there exists a bridge on Lake Drive that separates the City of Boynton
19 Beach and the City of Delray Beach and is currently maintained by the City of Boynton
20 Beach; and
21 WHEREAS, the City of Delray Beach wishes to fund 50% of the maintenance of the
22 bridge, including the water service interconnection once the property at 2200 Lake Drive has
23 been annexed into the City of Delray Beach; and
24 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
25 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1.
Each Whereas clause set forth above IS true and correct and
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27 incorporated herein by this reference.
Section 2.
The City Commission of the City of Boynton Beach, Florida does
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29 hereby approve the Interlocal Agreement between the City of Boynton Beach and the City of
S:\CA \RESO\Agreements\Interlocals\ILA with Delray (Lake Drive Bridge).doc
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Delray Beach for the maintenance of the Lake Drive Bridge, a copy of said Agreement is
2 attached hereto as Exhibit "A".
3 Section 3. That this Resolution shall become effective immediately upon passage.
4 PASSED AND ADOPTED this Llft1 day Of~ 2006.
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CITY OF BOYNTO~ACH, FLORIDA
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S:\CA \RESO\Agreements\Interlocals\ILA with Delray (Lake Drive Bridge).doc
[ITY DF DElRAY BEA[H
DELRAY BEACH
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All-America City
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CITY CLERK
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2001
May 2, 2006
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Judy Pyle, Deputy City Clerk
City Clerk's Office
City of Boynton Beach
100 East Boynton Beach Blvd.
Boynton Beach, FL 33435
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Dear Ms. Pyle:
Per your request, attached please find one (1) fully executed original of the lnterlocal
Agreement between the City of Delray Beach and the City of Boynton Beach regarding the
maintenance of the Lake Drive Bridge.
Please note: Exhibit "A" is typed in the top right comer throughout the agreement.
Please call me at (561) 243-7059 if you have any questions.
Sincerely,
QOv~~~V~
Carolanne Kucmerowski
Agenda Coordinator
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The City of Boynton Beach
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City Clerk's OffICe
100 E BOYNTON BEACH BLVD
BOYNTON BEACH FL 33435
(561) 742-6060
FAX: (561) 742-6090
e-mail: prainitoj@ci.boynton-beach.f1.us
www.boynton-beach.org
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April 6, 2006
Mr. David Harden
em MANAGER
em OF DELRAY BEACH
100 NW 1ST AVENUE
DELRAY BEACH FL 33444
Re: Resolution No. R06-075 - Interlocal Agreement Between the City of Delray Beach
and the City of Boynton Beach regarding the maintenance of the Lake Drive
Bridge.
Dear Mr. Harden:
Attached are two partially executed contracts as stated above. The City Commission
approved this agreement at their regular meeting on April 4, 2006.
Once the documents have been fully executed, please return one fully executed original
to me for our Central Files. Thank you.
Very truly yours,
CITY OF BOY~ON BEACH
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( eputy City Clerk
Attachments
S:\CC\WP\MTER COHMISSION\Other TfiIrlSfnItmIl.etters After Cotnm6ssIon\Oefrav Beach - RD5-206 - Intertocaf Agreement for Transfer of Are-Safety TRlller.dot
America's Gateway to the Gulfttream
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EXHIBIT RAR
R~-075
Prepared by:
RETURN:
R. Brian Shutt, Esq.
City Attorney's Office
200N.W. lstAvenue
Delray Beach, Florida 33444
INTERLOCAL AGREEMENT BETWEEN THE CITY OF
DELRAY BEACH AND THE CITY OF BOYNTON BEACH
REGARDING THE MAINTENANCE OF THE LAKE DRIVE BRIDGE
THIS AGREEMENT is made thiS~ Of~ \ ,2006 by and between
the CITY OF DELRA Y BEACH, (hereinafter referred to as "DELRA Y"), and the
CITY OF BOYNTON BEACH, (hereinafter referred to as the "BOYNTON").
WITNESSETH:
WHEREAS, the property located at 2200 Lake Drive is currently within the City
limits of BOYNTON; and
WHEREAS, the property owner of 2200 Lake Drive wishes to deannex from
BOYNTON and annex into DELRA Y as it is not contiguous to BOYNTON and fails to
meet the criteria set forth in Florida Statute Section 171.043 and the same property
owner owns an adjacent parcel that is located in the City limits of DELRA Y; and
WHEREAS, the property at 2200 Lake Drive is the only parcel that is currently
part of BOYNTON that exists on the south side of a waterway, in this area, that separates
BOYNTON and DELRAY; and
WHEREAS, there is a bridge on Lake Drive that separates DELRAY and
BOYNTON and is currently maintained by BOYNTON; and
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Prepared by:
RETURN:
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R. Brian Shutt, Esq.
City Attorney's Office
200 N.W. 1st Avenue
Delray Beach, Florida 33444
CFN 20060341873
OR BK 20454 PG 1834
RECORDED 06/09/2006 10:53:08
Palm Beach County, Florida
Sharon R. Bock, CLERK & COftPTROLLER.f,.
Pgs 1834 - 1839; (6pgs)
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INTERLOCAL AGREEMENT BETWEEN THE CITY OF
DELRA Y BEACH AND THE CITY OF BOYNTON BEACH
REGARDING THE MAINTE'NA1~CE OF THE LAKE DRIVE BRIDGE
THJS AGREEMENT is made thisX.t; of ~ \ , 2006 by and between
the CITY OF DELRA Y BEACH, (hereinafter referred to as "DELRA Y"), and the
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CITY OF BOYNTON BEACH, (hereinafter referred to as the "BOYNTON").
WITNESSETH:
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WHEREAS, the property located at 2200 Lake Drive is currently within the City
limits of BOYNTON; and
WHEREAS, the property owner of 2200 Lake Drive wishes to deannex from
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BOYNTON and annex into DELRA Y as it is not contiguous to BOYNTON and fails to
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meet the criteria set forth in Florida Statute Section 171.043 and the same property
owner owns an adjacent parcel that is located in the City limits of DELRA Y; and
WHEREAS, the property at 2200 Lake Drive is the only parcel that is currently
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part of BOYNTON that exists on the south side of a waterway, in this area, that separates
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BOYNTON andDELRAY; and
WHEREAS, there is a bridge on Lake Drive that separates DELRA Y and
BOYNTON and is currently maintained by BOYNTON; and
EXHIBIT "AR
WHEREAS, DELRAY wishes to fund 50% of the maintenance of the bridge,
including the water service interconnection, once the property located at 2200 Lake Drive
and described in Exhibit "A" has been annexed into DELRA Y; and
WHEREAS, Florida Statute Section 163.01 authorizes the execution ofinterlocal
agreements to allow public agencies to jointly exercise any power, privilege, or authority
which such agencies share in common and which each might exercise separately.
NOW, THEREFORE, in consideration of the mutual covenants and promises
herein contained, the parties hereby agree as follows:
1. INCORPORATION OF RECITALS. The recitations set forth above
are hereby incorporated herein.
2. BRIDGE MAINTENANCE. BOYNTON intends to perform
extensive repairs to the Lake Drive bridge during the 2006-07 Fiscal Year. DELRAY
agrees to pay BOYNTON an amount not to exceed $35,000.00 as its share of the repairs
to the Lake Drive bridge during Fiscal Year 2006-07. In the event the repairs are not
complete during the 2006-07 Fiscal Year, the parties agree to arrange for payment of
DELRA Y's portion of the repair costs during the subsequent fiscal year. During the
2007-08 Fiscal Year, and each year thereafter, DELRAY shall fund 50% of the
maintenance cost of the bridge, including the water service interconnection, located on
Lake Drive that separates DELRA Y and BOYNTON once the property located at 2200
Lake Drive, and described in Exhibit "A", is annexed into DELRAY. On an annual
basis, BOYNTON shall send to DELRA Y an invoice which represents the 50% share
that DELRA Y is responsible for paying. DELRA Y shall pay the invoice within thirty
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EXHIBIT "An
(30) days of receipt. If the property is not annexed into DELRA Y this Agreement shall
be void.
3. RECORDING OF AGREEMENT. This Interlocal Agreement shall be
filed pursuant to the requirements of Section 163.01(11) of the Florida Statutes.
4. INTEGRATION: AMENDMENTS. No prior or present agreements or
representations with regard to any subject matter contained within this Agreement shall
be binding on any party unless included expressly in this Agreement. Any modification
to this Agreement shall be in writing and executed by the parties.
5.
SOVEREIGN IMMUNITY.
Cities are state agencies as defined in
Chapter 768.28, Florida Statutes. To the extent permitted by law, each party agrees to be
fully responsible for acts, omissions, and negligence of their agents, officers, or
employees. Nothing herein is intended to serve as a waiver of sovereign immunity by
any party to which sovereign immunity may be applicable. Nothing herein shall be
construed as consent by a state agency or political subdivision of the State of Florida to
be sued by third parties in any matter arising out of this Agreement or any other contract.
Both parties acknowledge that this is an Interlocal Agreement created pursuant to
Section 163.01, Florida Statutes, and that each party shall retain all legislative authority
with regard to its respective governing body. All of the privileges and immunities from
liability; exemptions from laws, ordinances, and rules; pensions and relief, disability,
workers' compensation, and other benefits which apply to the activity of officers, agents
or employees of any public agency when performing their respective functions within the
territorial limits for their respective agency shall apply to the same degree and extent to
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EXHIBIT RAft
the performance of such functions and duties of those officers, agents, or employees
extra-territorially under the provisions of any Interlocal Agreement.
6. NOTICES. Any invoices to be sent pursuant to this Agreement, and all
notices given or required under this Agreement shall be in writing and may be delivered
in person or by United States mail, postage prepaid, first class and certified, return receipt
requested, addressed as follows:
TO CITY OF BOYNTON BEACH:
City Manager
100 East Boynton Beach Boulevard
Boynton Beach, Florida 33435
With copy to:
City Attorney
100 East Boynton Beach Boulevard
Boynton Beach, Florida 33435
TO CITY OF DELRA Y BEACH:
City Manager
100 N.W. I" Avenue
Delray Beach, Florida 33444
With copy to:
City Attorney
200N.W. I" Avenue
Delray Beach, Florida 33444
7 . VALIDITY. The validity of any portion, article, paragraph, provision,
clause, or any portion thereof of this Agreement shall have no force and effect upon the
validity of any other part of portion hereof.
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EXHIBIT RAR
8. GOVERNING LAWS; VENUE. This Agreement shall be governed by
and in accordance with the Laws of Florida. The venue for any action arising from this
Agreement shall be in Palm Beach County, Florida.
9. ASSIGNMENT. Neither DELRAY nor BOYNTON shall assign or
transfer any rights or interest in this Agreement.
10. SIGNING OF AGREEMENT. This Agreement shall not be valid until
signed by the Mayor and the City Clerk ofDELRA Y and BOYNTON.
IN WITNESS WHEREOF, the parties have hereto set their hands and seals this
~~ay of ~\\ ,2006.
ATTEST:
BY~_, \t .~ -~~
City Clerk
Approved as to Form:
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By:R~
.4:1>. City Attorney
CITY OF DELRA Y BACH, FLORIDA
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By:
ATTEST: CITY OF BOYNTON BEACH, FLORIDA
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By: I. /ii)f?~f1'j~t;: By:
City Clerk, / (/
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EXHIBIT "A"
Beginning at the Northeast corner of Lot A, Plat of Lake Shore Estates, as recorded in
Plat Book 25, Page 26, Public Records of PALM BEACH COUNTY, FLORIDA;
THENCE South a distance of 5.30 feet THENCE South 89055'15" West, a distance
184.41 feet; THENCE South 00004'65" East, a distance of 17.64 feetj THENCE South
89055'15" West, a distance of 14.54 feetj THENCE South 00006'10" West a distance
25.07 feet; THENCE South 89055'15"West, a distauce of 21.11 feet; THENCE North
a distance of 48.21 feet to the point of curvature of a curve concave to the southeast
with a radius of 150.00 feet a central angle 5040'06" an arc distance of 14.84 feetj
THENCE North 25055'55" West, a distance of 2.94 feet; THENCE North 00051'14"
West a distance of 22.05 feet; THENCE North 07032'39" East, a distance of 12.74
feet; THENCE North 16011'44" East, a distance of 24.61 feet; THENCE North
12011 '07" East, a distance of 17.11 feetj THENCE North 44045'40" East, a distance of
55.28 feet; THENCE Nortb 56018'01" East, a distance of 22.00 feet; THENCE North
71041'50" East, a distance of21.18 feet; THENCE North 83008'53" East, a distance of
125.82 feet; THENCE South 74048'01" East, a distance of 1.16 feet; THENCE North
90000'00" East, a distance of 5.32 feet; THENCE South 165.24 feet to the Point of
Beginning LESS Commencing and Beginning at the Northeast corner of Lot A, Plat of
Lake Shore Estates, as recorded in Plat Book 25, Page 26, Public Records of PALM
BEACH COUNTY, FLORIDA; THENCE South along the East Boundary of Lot A, a
distance of 5.30 feet; THENCE South 89055'15" West, a distance 184.41 feet;
THENCE South 00004'45" East, a distance of 17.64 feet; THENCE South 89055'15"
West, a distance of 14.54 feetj THENCE South 00006'ldWest, a distance of 25.07 feet;
THENCE South 89055'15" West, a distance of 21.11 feet to a point on the West Line
of Lot Aj THENCE North along said West Line of Lot A a distance of 48.01 feet;
THENCE North 89055'15" East along the North Line of Lot A a distance of 220.08
feet to the point of beginning.