R96-134RESOLUTION NO. ~/J/
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A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING
EXECUTION OF ANINTERLOCAL AGREEMENT WITH PALM
BEACH COUNTY FOR THE COUNTY'S CONTINUED
ISSUANCE OF BUILDING PERMITS AND CONDUCTING OF
REQUIRED BUILDING INSPECTIONS PURSUANT TO
THOSE PERMITS FOR THE DEVELOPMENT OF "LAWRENCE
OAKS" SUBDIVISION; AND PROVIDINGAN EFFECTIVE
DATE.
HEREAS, the City Commission of the City of Boynton Beach,
it beneficial to enter into an agreement with Palm Beach
for the County's continued issuance of building permits and
ting of required building inspections pursuant to those
:s for the development of the area known as "Lawrence Oaks"
~ision.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. The Mayor and City Clerk are authorized to
execute the agreement between the city and Palm Beach County, a
copy of which is attached hereto as Exhibit "A".
Section 2. This Resolution shall become effective immediately
upon its passage and adoption.
PASSED AND ADOPTED BY THE CITY COMMISSION OF THE CITY OF
BOYNTON BEACH, FLORIDA, THIS ~ DAY OF~-~-~ 1996.
ATTEST:
CITY OF BOYNTON BEACH, FLORIDA
Mayor f
Commissioner ~
Co~issioner
/
/
City ~lerk
A~JS-~S-19'~6
12:0! PRLhl EIE~CH ,3T'..v ~TT'~' 487 355 4398
_INTERLOCAL AGREEM~ENT
This Interlocal Agreement is made this day of ,1996, between the City of
Boynton Beech, a municipality located in Palm Beach County, Florida ('hcr¢inva%r "CITY") end Palm
Beach County, a political subdivision of the Sine of Florida (hereinafter "COUN'I'Y"). each one
constituting a public agency a~ defi~ed in Pan I of Chapter 163, Florida S~atutes.
WITNESSETH:
Wi~-REAS~ Section 163.01, Florida Statutes. known as the "Florida Interlocal Cooperation
Act of ! 969" authorizes local govemmetRs to make thc most efficient usc of their powers by enabling
them to cooperate with other localities on a basis of mutual advantage and thereby to provide services
and facilities that Wfll harmonize geographic, economic, population and other factors influcncin8 the
needs and development of local communities; and
WHEREAS, Part I of Chapter 163, Florida Statutes, p~mits public agencies as defined
therein to enter inw inteflocal agreements with each other to jointly exercise any power, privilege,
or authority which such agencies share in common and which each might exercise separately: and
WHEREAS, pursuant to CITY's Ordinance Number 95-I4, adopted luna 20, 1995, the
CITY antw~cd property known as the"Lawrcncc Oaks" subdivision, containing forty acres, mor~ or
less, (hcrcinaflcr, "property"); and
WHEREAS, prior to The annexation, ~h¢ property was in the unincorporated area of the
COUNTY and thus subject to the Codes and Ordinances of thc COUNTY, including the COUNTY's
Building Codesg and
W~REAS, prior to annexation, thc COUNTY issued a portion of the building permits and
conducted the required building iv. zpecfions pursuem to those permits for development on the
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40,? 355 ~z_~
property; and
WI:IEREAS, the CITY desires that the remaind~ of deveiopmem on th~ property be
regulated by the COUNTY and tJ~e COUNTY's building permits and conditions attached thereto; and
W~REAS, the health, safety and wolfare ofresidents of both the CITY and the COUNTY
will be served by the'COU'N1W providing certain governmental services related to the.issuance of
building permits and inspegtions for completion of~tevelopmcnt on the property for a limited time;
and
WHE~, this Inlerlocal Agreement evidences the intentions of the respective parties to
cooperate with each other in furtherance of the public's interest; and
Wlglq~KAS, it is provided in this Interloeal Agreement that the COUNTY will provide the
permitting and required inspeotions for a limited time.
NOW THEREFORE, in consideration of mutual representations, terms snd covenants
hereinafter set £orr~ the panics hereby agree as follows:
Section 1. Pure_ o.s,,
The purpose of this Agreement is to allow the COUNTY to pro~,ide certain services to the CITY.
Those services are of ii limited exte~ and duration as more particularly described herein.
le_c~ion :2. Defirdtiora
The follovdng definitions shall apply to ti'tis Agreemeat:
a. "Agreement" means fltis Inteflocal Agreement, including any amendments or supplements -----
herein, executed and delivered in accordance with the terms hereof.
b. "Building Codes" means the current edition ortho Star, dard Building Codes of Palm Beach
County, and the Amendmems to the Standard Building Codes of Palm Beach County., It shall also
include the current edition, with any amcndmems thereto, of thc following Codes adopted by Palm
Beach County under Chapter 74-565, Laws of'Florida, u amended:
Standard Plumbin8 Code
Standard M~l~anica~ Code
Standard Gas Code
National Blectrical Code
?aim Beach County Mobile Home Tie-Down Code
Palm r~each County Swlmmin8 Poo~ Code
c. "Bu0din~ Official" shah mcan the Director of the Palm Beach County Building Division.
d. "Division" shall mean the Palm Beach County Building Division.
e. 'Tee(s)" sluli mom the tee(s) charged as a condition for a buiidin& ¢lecirlc~l, cormruc',ion,
plumbing or other ~ ;m'mit, and/or the inspcction fee chargcd for inspection of corutruction.
ff.. "InspectoW' shall mean any inspector in the employ of'the Palm Beach Counvy Buildin~
Division.
g. "Permit" ~I mean the pem~ ~s~ued by thc D~vision for any construction or related work
in accordance with the Codes,
k "Permit-tee" shall mean any individual, corporation or o'~her en~ity applying for and/or in
possession of a valid, active permit.
I. "Structures" shall mean any and all above-ground, in Wound, and/or under ground
suuctures and any and all conmuction, electrical and/or plumbing work for which a permit must be
obtained.
Section 3. Re_or. escntatjve/Monitoring Positio0
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12:02 t=~L~I BEACI-~ CT¥' AT~'I~ 4~? ~55 4]3D8 P.I~5,~-~
Thc COl,,rNT~s rep~v~/contract monitor during thc Term of this Agreement shall be
the Director of the Buildin[~ Division, ICurt Eisraann, whoso telephone number is (56!) 233-~100.
The CITY's reprcsontative/contrac~ monitor during ti~ term of this Agreement shall be
William Huldll, Director of Development, whose telephone number is ($61) 375-6370.
Section 4. Effective Date/Term
This Agreement shall take effect upon execution of both panics to the Agreement. The terms
of this Agreement shall be for a period of approximately one month and shall continue in full force
and effect up to and including September 30, 1996, unl~s otherwise torrninated as provided herein.
Section :5. Servic~sRendered:
The COUNTY shall provide gae services of thc Buildinl~ Division to review p~n-mit
applications, issu~ building p~'mits and conduct inspections on the properly as more speciiicaliy set
forth in Section 6 of this All~ne, nt.
Section 6. R~_?on~ilities ired Dutie~
The COUNTY shall be respons~le for providing services t'om the COUNTY's Building Division for
construction on the property durln~ the tma'a of this A~ent. These responsibilities include the
revic-w of peri'nit applicalions, h~ i.ssuanc, e ofbcu"ldir~ permits, and the insp~"tions rendered pursuant
to building permits. The COUNTY' shall apply the Codes, as r~fo'~nced herein, in performance o£
these services. Applications for permits for construction on the property shall be submitted to the
COUNTY on COLrNTY approved forms. The COUN'I'Y shall determine the necessary permits and
the amount of fees ~or sai~] pm~tits. The COUNTY shall process and pr~)aro all po'mits for
construction on the property and issue same. The COUNTY shall receive 100% ofpcrmk fees.
Inspections shall be conducted in accordance with COUNTY Codes. Upon satisfactory completion
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oft. he project and final impection in accordance with the COUNTY Codes. thc Building Official wLll
prepare and issue a Certificate of Occupancy, The COUNTY shall be solely responsible for
enforcement ofviolations ofthe Codes by any person, corporation or entity engaged in constru~on
on the property during the tertn of this Al/reorient.
Se_don 7. Administr~on
The services to be performed by the COUNTY pursu~ to this Agreement shall be overseen
by Kurt Eismann, the COUN~'Y's Building,Official. Kurt Eismann shall oversee the .services to be
performed under this Agreement in eonjunotion with W'dliam Hukil~ the CIT~% Dh'corer of
Develo~ in ace. or, ce with the policies of~e COUNTY'S Board of Coun~ Commissioners
and the CITY's City Commission. Rendition of services, standards of performance, dis¢|pHne of
officers aed employees and other matters incidental to performa~e of Services and comte] of
personnel shall remain with the COUNTY, This Agreement does not make CiTY's agents, employees
or lesai representatives tb~ officers and employees of the COUNTY for any parpose whatsoever,
md the employees and agents of the CITY ate in no way authorized to make any contract.
agreement, warramy or representation on behalf of the COUNTY or to create any obligation on
behalf of the COUNTY.
Section 8. Terminnt. in~n
This Agreement may be terminated by either party to this Agreement upon 10 days written
notice to the other party. The ten day period includes weekends and holidays.
Section 9. Enforcement Cost,,
Any costs or expense~ ('including reasonable attorney,s fees) associated with the enfomernent
oft. he terms and/or conditions of this Agreement'shall be borne by the respective parties, provided,
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however, thet this cleuse pcrteins only to thc pextie~ to this Agreement.
All noSe, cs rcquir~ to be give. n under this A~ecment ~tt be deem~ suffic/ent to cech party
when delivered by U.S. Mail or hand delivery to thc follOwins:
COU~I~ CITY
Kurt t/ismann, Director William V. Hukill, P.E.
Buildin8 Divi~io,~ Direc~r of Dovelopm~nt
Palm Beach County City of Boynton Beach
100 Australian Avenue 100 Fast Boynton Beach Blvd.
W~st Palm Beach, FL 113406 Boynton Beach, FL 33435
Section 11. Dele_~ation of Du~
Nothing contained herein shall be deemed to authorize the delegation of the constitutional or
statutory duties of state, cx~mty or dry officers.
Section 12. F. ilir~_=
A copy of this Agreement shall be filed with the Clerk of thc Circuit Court in and for Palm
Beach County.
Section
The parties to figs Agreement and their respective officer~ and employees shall not be deemed
to assume any liability for the acts, omissions, and negliseac~ of the other party. Furth=, nothing
herein shall be construed as a waiver of' sovereign immunity by either party, pursuant to Section
768.28, Fla. Stat. ~-
Section 14. lnd~mi6_¢s6on
CITY al/rees to protect, def~ld, reimlxu'~/nd~nnify and hold COUNTY,. its al/ents, ~nployees and
elected officers and each of them free and harmless at all times from and a...o.ai,~t any and all mits,.
A~D-~-lg~6 1~:03 ~ALM BEACH CTY AT]~f
a~ons, ]eBal or adrn~sua~¢ proceedk~s~ claims, d~d~ ~S~ ~b~g~s, ~I~, allom~'s
fees, costs ~ ~s of wha~ ~d or ~tme whir ~s~8 in ~y m~ dke~ or
i~y ~ ~~ ~ ~buted to ~ whole or ~ p~ ~ r~son o~ ~y ~ o~ion or
f~k whah~ ~ive or pas~ve of CO~, of ~o~ a~ng ~ its ~on or comrol, or on
.its behalf~. ~ion ~h m ~d~ to thc p~o~cc offs ~mcm. C~'s ~ores~d
~~ ~ ~ld ~~ o~on~ or ponio~ or appH~o~ ~er~ sh~l app~ to ~e ~11~.
~em p~ by ~w ~ ~ ~ ~ sh~ ~ ~p~ w ~b~W ~ by ~ neg~g~ce or ~l~l
~s~ndu~ ~ ~e CO~, i~ r~ve ag~ts, s~ ~l~s or offi~s, nor sh~ ~e
li~i~w ~ts ~ foRh ~ S~on 768.28, ~a..S~., be ~.
~e C~ ~ du~8 the ~ oft~s ~m~ ~d ~ons, ~, m~ in ~
~ ~d e~ 8~ li~w ~~, ~ch spryly ~v~ ~ e~es in~d~t io the
i~m ~ ~~ ~ ~ ~~ S~ ~~ sh~ ~ ~pmble to ~e CO~TY
~ ~8~ ~ ~ ~ ~abili~ ~r ~s up to $3~0,0~.~. ~ ~e C~ is ~lf-insur~,
· ~ ~propfiae d~tation is m b~ sub~ to ~ CO~'to ~o~ate ~v~aie. ~e
do~e~ ~ ~ ~ p~ B~ch C~a~, a ~ ~bd~gon oft~ State of Hogd~
~ ~ ~g~ ~ ~ i~ ~r~ts may appel; ~d s~l ~so ~o~ ~ ~~ ~ not be
caneel~ ~ted or non-~~ ~U~ ~er thi~ ~' ~en no, ce ~ ~ ~v~ to the
CO~. C~ ~~ ~~ds ~d a~ &a ~ ~~ ~m~ion ~h~ by C~Y
~ in ~ ~y ~m~ ~ ~o~ to ind~ ~d s~ve ha~s CO~Y unde the pro~sio~
of Sexton 14 oft~s ~~.
7
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Section 16, Amendment_~
This Agreement may be s. mcndecl only be formal action of the Boar~ of County
Commissioners of the COUNTY and the City Commission of the CITY.
Section 17. Remedi .~
Tt~S A~rec~l~l: s1~!1 be consU1aed by and governedby thc laws of the State of Florida..Any and ail
lelital action necessary to enforce the Agreement will be held in Palm Beach County.
Section 18. Caption~
The captions and section designations herein set forth m'e for convenlencc only and shall have
no substantive mea. rdn8.
Section 19. Severabilip/
If the event th$/aa]~ section, paragraph, sentence, cl~use or provision hereof'be held by a
court of coml~eat jurisdiction to be invalid, such shall not lff'ect thc remairn'ag portions of this
Agree~nt and the same $h~! remain in full force a.qd effect.
Section 20. Entirety_ ofA~ _ee~__e~
This Agreement represents the entire understandin!l between thc parties and supersedes all
other negotiations, representation% or P.4ireement, e~thcr written or oral, relating to this Agreement.
Section.21. DuratiQ.n
Upon termination of this Agreement on September 30, 1996, the COUNTY shall h~ve the
responsibility of complctinll all inspections and services related to pcmdts that have hcen issued by -~
the COUNTY prior to the termination date. All permits issued by the COUNTY pursuant to this
Asrcemem (and prior'to the termination of'this Agreement) shall bo in effect for a period of one year
from the date of issuance.
FALM ~_ACN CT~ AT]? 40? 355 4398
ATTEST:
DOROTHY H. wn.KEN, Clerk
PAI.M BEAC~ COUNTY, FLORIDA
BY ITS BOARD OF COUNt/' COMMISSIONERS
By:
Deputy Clerk
(Sr. AL)
ATTEST:
By:
Chairman
CITY OF BOYNTON BEACH,
PALM BEACH COUNTY, I~.,ORIDA
By;
Town Clerk
Approved as to Form
and Legal Sufficiency
By:
Mayor
By:
County Attorney
G:~O]vfl'viON~WPDATA ~]~VIPJ~R.DUg. E'~ LV{LD{~IG~BO ~ON IHT
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