LEGAL APPROVAL
WHEREAS, 1n oc-der, t.o lfta1nt;a1n the vlabUl.ty of O\U'
I ~oast.l schools and to lnsu~. the contlnulty of n.lghborhood
:/ schools; and
,I WHEREAS, the magnet school concept 1. a prov.n ...n. to
;i assLat in achieving racial babnc. and .nhancing the qual1ty
. of educaUon; and
'1
"i WHEREAS, the City CO:MlissJ.oa of the City of Boynton
" B.ach, Florida d..1IlS it to be 1n the best int.reats of the
:1 citlzens and res1dents of the Clty of Boynton 8..ch to urge
,I the 'ala, Beach County School 80.rd to ke.p 'oinchna
:1 Elementary School open; and
II
: WHEREAS, the City COIlllll18s1on of the Clty of Boynton
I Beach, Florlda urge. the 'al. B.ach County school Board to
,I apply the n.c....ry resource. to e.tabllsh a aagnet- program
I (monte.sorl pr.f.rred) at .ald School, which wll1 b.neflt the
II students from an educatlonal standpolnt a. well a. allow them
I. to attend school in the nelghborhood in which they live.
~I NOW, THEREFORE, BE IT JU:SOLVlD BY THE CITY COMMISUON Of'
H THE CITY OF BOYNTON BEACH, FLORIDA, 'l1IAT. .
i S.ction 1. The CU;y'Collllllhs1on of the CUy of Boynton
I a.ach, rlorlda doe. hereby urge the 'ala Beach County School
Board to ke.p 'olnclen" Elementary School open as & pn-
" kindergarten to 5th grade facl1lty and establlsh " aagnat
'I p~OC)rlUD at the school.
ill Section 2. The Clty COllllD1ulon of the Clt~ o! Boynton
" B.ach, rlorlda hereby directs the City Clerk to provide a copy
i of this R..olu~lon, upon pa.saC)e,. to the pala Beach County
:i School Board. . <.l",
. It .
.. Section 3. Thls Re.olutlon wUl become effective
. ;! Ill1llledhtely upon pau4C)..
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RESOLllTION R92 --tdj' -'
exJ.".t,1- 1
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A RESOLlfrION or THE CITY COH1USSIOH or
THE CITY Of BOYNTON BEACH. fLORIDA;
URGING THE PALH BEACH COUNTY SCHOOL BOARD
NOT TO CLOSE POINCIANA ELEKEHTARY SCHOOL
AND ICEEP SAID SCHOOL OPEN AS "'A PRE-
KINDERGARTEN THROUGH GRADE , MACNET
SCHOOL; AND PROVIDING AN EFFECTIVE DATE.
.
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PASSED AND ADOPTED
thl. ~ dayo! DeCember, 1"2.
BOYNTON StACH, FLORIDA
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Cl: Clerk ~
(COrpOr4te Sed)
Polnclana.Res
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RESOLUTION NO. R95-/~8
A RESOLUTION OF THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA,
ABANDONING A SIX FOOT WIDE PLATTED,
NORTH-SOUTH UTILITY EASEMENT ALONG THE
REAR OF LOTS 508 - 517 OF THE CHERRY
HILLS PLAT, IN CONNECTION WITH THE
EXPANSION OF POINCIANA ELEMENTARY SCHOOL;
SAID PROPERTY BEING MORE PARTICULARLY
DESCRIBED HEREIN; AUTHORIZING THE MAYOR
AND CITY CLERK TO EXECUTE A DISCLAIMER
FOR SAID UTILITY EASEMENT; PROVIDING THAT
THE ATTACHED DISCLAIMER BE RECORDED IN
THE PUBLIC RECORDS OF PALM BEACH COUNTY,
F~ORIDA; PROVIDING &~ EFFECTIVE DATE.
# cf-L/3' "Y5/-,,2/--/5/--[1C'O -Y7!/d
WHEREAS, the applicant, Agustin Hernandez, Agent for the
Palm Beach County School District is requesting abandonment of
a six foot wide platted, north-south utility easement along the
rear of lots 508 - 517 of the Cherry Hills Plat in connection
with expansion of poinciana Elementary;
WHEREAS, comments have been solicited from the approp~iate
City Departments; and'
WHEREAS, public hearings have been held before the City's
Planning and Zoning Board and the City Commission on the
proposed abandonment; and
WHE~S, based on the foregoing information, the said
easement no longer serves any useful purpose.
NOW, THBREPORE, BB IT RESOLVED BY THB CITY COMMISSION OF
THB CITY OF'BOYNTON BEACH, FLORIDA, THAT:
Section 1. The City Commission of the City of Boynton
Beach, Florida by and through its City Commission does hereby
abandon a six (6 I) foot wide platted, north-south utility
easement along the rear of lots 508-517 of the Cherry Hills Plat
! in connection with expansion of poinciana Elementary, and more
particularly described in Exhibit "A" attached hereto.
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Section 2. The Mayor and City Clerk are hereby
authorized and directed to execute and deliver the attached
Disclaimer and cause the same to be filed in the Public Records
of Palm Beach County, Florida.
Section 3. That this Resolution shall become effective
immediately upon passage.
PASSED AND ADOPTED this ~
day of October, 1995.
CITY OF BOYNTON BEACH, FLORIDA
" .".--- /
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~yor . .~
Vic;e Mayor
ATTEST:
;' . \. /.. .
~~-"-'-"";:-"l .~ ,~..<.---:- -~
Commissioner, ~
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~ln~Au.99r~~~,~
Cit Clerk
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EXHIBIT "A"
Being that portion delineated as "6'
Easement for Public Utilities" lying in the
easterly six feet (6') of Lots 508 through
517, CHERRY HILLS, as recorded in Plat Book
4, Page 58, Public Records of Palm Beach
County, Florida.
The Seacrest Boulevard base line as shown on
said Palm Beach County Engineering Right-of-
Way Map No. 3-76-374 R/W bears North 01g 16'
27" West, and all other bearings referred to
herein are relative thereto.
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DISCLAIMER
ti~IP
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,
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I KNOW ALL MEN BY THESE PRESENTS that the City of Boynton
:1
i Beach, Florida, a municipal corporation, under the laws of the
i!
': State of Florida, does hereby abandon and disclaim a six foot
, (6 ') wide platted north-south utility easement along the rear of
i lots 508-517 of the Cherry Hills Plat, situated and located in
!;
I
! Palm Beach County, Florida, more particularly described herein
as Exhibit "A".
IN WITNESS WHEREOF, the duly authorized officers of the
i City of Boynton Beach, Florida, have hereunto set their hands
I
""I "and. affixed the seal of the City this L day of October, 1995.
. . .:j' A;;EST:
t;' ,..
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.J I Su anne.Kruse, City Clerk
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I STATE OF FLORIDA )
I ) ss:
COUNTY OF ~ALM BEACH )
I BEFORE ME, the undersigned
authority, personally appeared
JERRY TAYLOR and SUZANNE KRUSE, Mayor and City Clerk
respectively, of the City of Boynton Beach, Florida, known to me
to be the persons described in and who executed the foregoing
I
I! instrument, and acknowledged the execution thereof to be their
I
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free hand and deed as such officers, for the uses and purposes
mentioned therein; that they affixed thereto the official seal
of said corporation; and that said instrument is the act and
deed of said corporation.
WITNESS my hand and official seal ln the said State and
County this 4-
day of October, 1995.
My Commission Expires:
I __'fr;~~:'::~::... JANET M. PRAIN!TO I
ti.~; <\\..,-~ MY COMMlSSION # GC 355147 I
; .~:..:~(..,.; 8(Oj,~!::;: A~r.'1',127 ;908 !
1:. ,':;~o'.~'~~:;~~~i": :I.:~~:~: :~::~~Pd~""'-:':J
Florida
GHE
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:iGROTHY H. ~~;ILhEN, CLERr< -. .:.CUNT~-( ~ ; i-
EXHIBIT "A"
Being that portion delineated as "6'
Easement for Public Utilities" lying in the
easterly six feet (6') of Lots 508 through
517, CHERRY HILLS, as recorded in Plat Book
4, Page 58, Public Records of Palm Beach
County, Florida.
The Seacrest Boulevard base line as shown on
said Palm Beach County Engineering Right-of-
Way Map No. 3-76-374 R/W bears North 01Q 16'
27" West, and all other bearings referred to
herein are relative thereto.
;'--' '..
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?:Fie City of
'Boynton 'Beach
100 'E. flJoynton 'Beadr. 'BIJerJartf
P.O. flJoi(310
flJoynton flJeadi, %1rit/a 33425-0310
City!Jfail: (407) 375-fiMJ
~JU: (407) 375-6091
October 19, 1995
August Hernandez
The School Board of Palm Beach County
3318 Forest Hill Boulevard
West Palm Beach, Florida 33406-5813
Re: Poinciana Elementary School Abandonments - ABAN 95-006,
ABAN 95-007, and ABAN 95-008
Dear Mr. Hernandez:
Attached is a copy of Resolution 95-158 for the abandoned utility
easement the Cherry Hills, lots 508-517. When verification
indicating that conditions (or approval have been satisfied for the
N.W. 12th Avenue and Washington Avenue abandonments, the
resolutions will be prepared by the Planning and Zoning Department
for Commission adoption. Also attached is a copy of the September
19, 1995 minutes for the City Commission meeting where the
conditions for these two outstanding abandonments are discussed.
Should you have any questions, please do not hesitate to contact
the Planning and Zoning Department at 375-6260.
Sincerely,
~~ ~..,
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__ 't41 t.-[vt-c SF' I) ~dU?~
Tambri J. Heyden
Planning and Zoning Director
TJH:bme
Attachments
cc: Michael E. Haag
Wilfred Hawkins
c:htlrnandz:.IIe.ll
.?tmerica s tjateway to tlie (juJfstream
MINUTES
REGULAR CITY COMMISSION MEETING
BOYNTON BEACH, flORIDA
SEPTEMBER 19, 1995
VI. PUBLIC HEARING: 7:00 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMITS
A. Final Budget and Aggregate Millage Rate for Fiscal Year 1995/96
Attorney Cherof advised that the millage must be adopted prior to adoption of the budget; therefore,
he read Proposed Resolution No. R95-154 in its entirety.
1 . Citizen Comments
Harry Stein, 760 E. Ocean Avenue, reminded the Commissioners of his previous requests that they not
fund the position of Downtown Distrid Coordinator for the next fiscal year. He further requests that
no funding be provided for the position of Economic Development Coordinator or for the construction
of the bridge on East Ocean Avenue. In addition, he stated that the City can save an additional $1,500
by immediately terminating the Downtown District Coordinator's contractor.
THERE WAS NO ONE ELSE PRESENT WHO WISHED TO SPEAK AT THE PUBLIC HEARING.
2. Proposed Resolution No. R9S-154 Re: Adopt final millage rate for Fiscal
Year 1995/96
Mayor Pro Tem Matson moved to approve Proposed Resolution No. R95-154. Vice Mayor Bradley
seconded the motion which carried unanimously.
3. Proposed Resolution No. R9S-155 Re: Adopt final Budget for Fiscal Year
1995/96
Attorney Cherof read Proposed Resolution No. R95-155 by title only.
Attorney Cherof advised that the total amount of the budget is $31,889,175.
THERE WAS NO ONE PRESENT WHO WISHED TO SPEAK AT THE PUBLIC HEARING.
Mayor Pro Tem Matson moved to approve Proposed Resolution No. R95-155. Commissioner
Jaskiewicz seconded the motion which carried unanimously.
B. Abandonments necessary for Poinciana School
1.
Project Name:
Agent:
Owner:
location:
Description:
N.W. 12th Avenue (Lincoln Avenue)
Agustin Hernandez
City of Boynton Beach
N.W. 12th Avenue, west of Seacrest Boulevard
ABANDONMENT: Request for abandonment of a
portion of N.W. 12th Avenue west of Seacrest
Mr. Harry Fix, Planning Specialist for the School Board, was present to represent the application.
9
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RESOLUTION NO. R95-/~
A RESOLUTION OF THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA,
ABANDONING A SIX FOOT WIDE PLATTED,
NORTH-SOUTH UTILITY EASEMENT ALONG THE
REAR OF LOTS 508 - 51 7 OF THE .-CHERRY
HILLS PT..2\:r', IN CONNECTION WITH THE
EXPANSION OF POINCIANA ELEMENTARY SCHOOL;
SAID PROPERTY BEING MORE PARTICULARLY
DESCRIBED HEREIN; AUTHORIZING THE MAYOR
AND CITY CLERK TO EXECUTE A DISCLAIMER
FOR SAID UTILITY EASEMENT; PROVIDING THAT
THE ATTACHED DISCLAIMER BE RECORDED IN
THE PUBLIC RECORDS OF PALM BEACH COUNTY,
FLORIDA; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the applicant, Agustin Hernandez, Agent for the
Palm Beach County School District is requesting abandonment of
a six foot wide platted, north-south utility easement along the
rear of lots 508 - 517 of the Cherry Hills Plat in connection
with expansion of poinciana Elementary;
WHEREAS, comments have been solicited from the appropriate
City Departments; and
WHEREAS, public hearings have been held before the City's
Planning and Zoning Board and the City Corrunission on the
I proposed abandonment; and
j
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WHEREAS, based on the foregoing information,
easement no longer serves any useful purpose.
the
said
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. The City Corrunission of the City of Boynton
Beach, Florida by and through its City corrunission does hereby
abandon a six (6 ') foot wide platted, north-south utility
easement along the rear of lots 508-517 of the Cherry Hills Plat
in connection with expansion of poinciana Elementary, and more
particularly described in Exhibit "A" attached hereto.
Section 2. The Mayor and City Clerk are hereby
authorized and directed to execute and deliver the attached
Disclaimer and cause the same to be filed in the Public Records
of Palm Beach County, Florida.
Section 3. That this Resolution shall become effective
irrunediately upon passage.
PASSED AND ADOPTED this #(
day of October, 1995.
CITY OF BOYNTON BEACH, FLORIDA
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Malf::~_~_,
Vi<;e Mayor . ~ '" _
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Ma.. r Pro TeIrl~, - .
co~:;~:;';eri;...Jv.c~-'-)
ATTEST:
~ln/N/V/.99r~-,~
Cit Clerk
DISCLAIMER
KNOW ALL MEN BY THESE PRESENTS that the City of Boynton
Beach, Florida, a municipal corporation, under the laws of the
State of Florida, does hereby abandon and disclaim a six foot
(6') wide platted north-south utility easement along the rear of
lots 508-517 of the Cherry Hills Plat, situated and located in
Palm Beach County, Florida, more particularly described herein
as Exhibit "A".
IN WITNESS WHEREOF, the duly authorized officers of the
City of Boynton Beach, Florida, have hereunto set their hands
and affixed the seal of the City this ~ day of October, 1995.
:1
,! ATTEST:
:i
'~r/~ trrijJ~ /
,i Su anne Kruse, Clty Clerk
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BEACH, FLORIDA
:1 STATE OF FLORIDA
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COUNTY OF PALM BEACH
)
) ss:
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BEFORE ME, the undersigned authority, personally appeared
JERRY
TAYLOR
and
SUZANNE
KRUSE,
Mayor
and
City
Clerk
respectively, of the City of Boynton Beach, Florida, known to me
to be the persons described in and who executed the foregoing
instrument, and acknowledged the execution thereof to be their
free hand and deed as such officers, for the uses and purposes
mentioned therein; that they affixed thereto the official seal
of said corporation; and that said instrument is the act and
deed of said corporation.
WITNESS my hand and official seal ln the said State and
I
.1 County this
'-I
day of October, 1995.
My Commission Expires:
G:.,';:'~.':::', JANET M. PR.A.lr~!fo~
I <. .:"~, ..}, MY COMM;SSiON # CC 3~3W !
!i~":'. .::~..~:::~:;~:~~':;~r~~~;~~;~~~:r~:':~:'~"~_.J
Florida
Rtf..; JY'/
This Inslrumcnt Prepared by:
Agustin A. Hernandez with Robert A. RosiJIo
and should be returned to:
Robert A. Rosillo. Associate Counsel
The School Board of Palm Beach County
3318 Forest Hill Boulevard
West Palm Beach. Florida 33406-5813
SITE EXPANSION INTERLOCAL AGREEMENT BETWEEN THE
SCHOOL BOARD OF PALM BEACH COUNTY AND THE CITY
OF BOYNTON BEACH FOR POINCIANA ELEMENTARY SCHOOL SITE
TJUS AGREEMENT, between the School Board of Palm Beach County and the City of
Boynton Beach, Florida, entered into this _ day of
, 19_, between the SCHOOL
BOARD OF PALM BEACH COUNTY, FLORIDA, a corporate body politic pursuant to the Constitution
of the State of Florida (hereinafter referred to as "SCHOOL BOARD") and the CITY OF BOYNTON
BEACH, FLORIDA, a Florida municipal corporation (hereinafter referred to as "CITY").
WIT N E SSE T H:
If... t'
WHEREAS, it is the intent of the Local Government Comprehensive Planning and Plan
Development Regulations Act, Section 163.3161(4), Florida Statutes, to encourage and ensure
cooperation between and among the local governmental entities to provide for the coordination of
development activities of units of local government; and
",1
WHEREAS, the SCHOOL BOARD is the controlling body of the Public Schools of Palm
Beach County, Florida, and does own and operate public schools in the City of Boynton Beach; and
WHEREAS, this Agreement is entered into under the authority of Section 163.01, Florida
Statutes, Local Government Comprehensive Planning and Plan Development Regulations Act; and
WHEREAS, the SCHOOL BOARD and the CITY recognize the recommendation within the
Resolution No. R-92-209 from the City of Boynton Beach attached hereto and incorporated by reference
as Exhibit "1", which encourages the City and School Board to publicly and jointly pursue acquisition
of adjacent parcels of properties in and around the campus of Poinciana Elementary School as shown on
Exhibit "2" attached hereto and incorporated by reference and,
H :\dala\~p50\"oc\agreem\\interioc.poe _ _.
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Exhibit "C"
WHEREAS, the SCHOOL BOARD and CITY believe that ajoint use educational/recreational
facility adjacent to the existing Poinciana Elementary School boundaries will be mutually advantageous
for the community and students: and
NOW, THEREFORE, for and in consideration of the covenants herein contained, the parties
agree as follows:
1. The SCHOOL BOARD shall present sale and purchase contracts to the property owners
of properties to be acquired by the Board and by the City shown on exhibit "2" within 45 days of
approval of this agreement.
Contracts for sale and purchase of properties for SCHOOL BOARD use will be
administered by the SCHOOL BOARD Real Estate Department.
Contracts for sale and purchase of property for City use will be administered by the
School Boar$! Real Estate Department and coordinated with the City Managers office.
. "
Cost associated with the acquisition and due diligence for the acquisition of parcels shall
be included in the total cost of each parcel, ie. Appraisals, Surveys, Environmental Studies, Title
Research, and demolition cost of existing structures.
The Total cost of property acquisitions shall be split on a equal basis between the School
Board and the City, not to exceed $500,000 for each party, unless circumstances warrant that this cap
be raised, in such event the School Board and the City must mutually agree to do so.
2. The SCHOOL BOARD is to acquire properties as shown on Exhibit -2", with the
procedures outlined in paragraph 1 written above. However, in an event of an uncooperative seller, the
CITY shall exercise its power of eminent domain. Upon "written notification from the School Board the
City shall proceed with a quick taking within 60 days of notice. In the event of an eminent domain
proceeding, the City will be solely responsible for the relocation cost if any, and legal fees associated
with any quick take procedings, subject to the provisions and limitations of Chapter 73 and 74, Florida
Statues. Costs associated with acquisition and due diligence shall be split on an equal basis between the
City and School Board as described in Paragraph one.
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H: \dala\wp50\doc\agrceml\inlerloc. poc
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3. All properties are of equal importance for the success of the project and acquisition of
properties shall be handled expeditiously, however all properties must be acquired or under contract for
purchase prior to May 15, 1994.
4. In the event the CITY and the SCHOOL BOARD are unable or are unsuccessful in
acquiring title to the properties described in Exhibit "2" prior to May 15, 1994 either party may cancel
this Agreement. The time for performance may be extended by mutual agreement by both parties. Both
parties shall be relieved of all duties and responsibilities hereunder by providing 10 days prior written
notice, however a1l costs incurred to date, except those identified elsewhere in this agreement as being
the lole responsibility of the City, will be split on a equal buls by the parties.
5. Upon the acquisition of properties on the south side of N. W. 12th Avenue by the School
Board, the CITY shall abandon to the School Board N.W. 12th Avenue between Seacrest Blvd and 1st
Street.
_. 0
6. Following the acquisition of properties on the west side of N.W. 1st Street the CITY
shall abandon to N.W. 1st Street between N.W. 13th Avenue and the end of N.W. 12th Avenue. All of
the above shall be abandoned no later than 60 days after all of the properties listed in exhibit 2 are
.
acquired.
~~
7. Notice shall be given by the School Board to all utility providers. Any public utilities
such as electric, gas, telephone, and cable T.V. shall be removed at the utility owners expense and the
party shall endeavor to remove said utilities within a reasonable time from date of notice.
The CITY shall relocate city utilities such as water, and sewer, from the abandoned
...
rights-of-ways, at the CITY's cost only as necessary to improve the school campus, as determined by the
School Board project architect.
8. The CITY shall retain title to all properties currently held by the City located west of
N. W. 1st Street. Titles to properties acquired under the terms of this agreement which are located west
of N. W. 1st Street and shown on exhibit "2" shall be retained by the City. Such properties shall be used -
in accordance with the provisions of a Joint Use Agreement. between the City and The School Board.
H: 'ldala\wp50\doc\agreeml\inlerloc.roe
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Titles to all other propenies acquired under the terms of this agreemenl shall be retained by the School
Board.
9. The joint use recreational property which includes the Wilson Center and the City pool
property shall be improved to meet the criteria of the American Disabilities Act and Florida
Administrative Code Chapter 6-A2 standards. The City shall construct. implement and maintain facilities
located at the Wilson Center at the City's sole expense.
10. Contemporaneously with the execution of this agreement the parties shall execute a Joint
Use Interlocal Agreement for the perpetual use of faciJities located at the Wilson Center and the Poinciana
Elementary Campus. The Joint Use Interlocal Agreement shall permit the use of the Poinciana
Elementary School Facility by the City and the School Board the use of the adjacent City facility known
as Wilson Center.
11. The SCHOOL BOARD shall construct and make improvements to the Poinciana
-. "
Elementary School as may be necessary to implement the proposed Math Science Technology Magnet
Program as described in the Magnet School Assistant Program Grant Application for the 93-94 federal
funding cycle.
12. In the event that litigation between the City and School Board shall be necessary for the
enforcement of this Agreement on behalf of either party. then each party shall bear its own attorneys' fees
and costs incurred in said litigation.
13. If any tenn or provision of this Agreement shall. to any extent, be deemed invalid or
unenforceable prior to January 1. 1994, the remainder of this Agreement should be canceled as herein
provided by law.
14. Amendments to this agreement must be made in writing and. can be made by the mutual
consent and consign by both the CITY and the SCHOOL BOARD.
15. This agreement will not be construed against the party who drafted the same, both
parties have had experts of their choosing to review this Amendment.
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PARCEL 4:
~~;~ r~~P~~Ot~~~~~~;e: ~~~~~~~~~~ for Public Utili~ies" lying in the easterly six feet
records of Palm Beach Cou~ty, Florida. ' as recorded In Plat Book 4, Page 58, Public
J;a~ S~:~r~~. ~~~~~~: ~N: ~~:r~S ~h~~~f~1 S~jd ,~alm Beach County Engineering Right-of-
herein are relative thereto. 0 627 West, and all other bearings referred to
PARCEL 4:
Being that portion delineated as "6' Easement for Public Utilities" lying in the easterly six feet
(6') of Lots 50S through 517, CHERRY HILLS, as recorded in Plat Book 4, Page 5S, Public
records of Palm Beach County, Florida.
The Seacrest Boulevard base line as shown on said Palm Beach County Engineering Right-of-
Way Map No. 3-76-374 RfW bears North 01016'27" West, and all other bearings referred to
herein are relative thereto.
LS 6830
Sheet 2 of 6