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LEGAL APPROVAL -- ---_.. - ft f/ ce- RESOLUTION NO. ,f96 ~/J"L A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZ!NG EXECUTION OF AN INTERLOCAL 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 PROVIDING AN EFFECTIVE DATE. WHEREAS, the City commission of the City of Boynton Beach, deems it beneficial to enter into an 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 the area known as "Lawrence Oaks" subdivision. 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 ;j DAY OF ~,oTE/nB"~ 1996. ~\\\"""""'",~ ~,,\ a EAC j'~ ~, ~ l;> If ~ ~ ~ 0 ....eo.~ ~ ~ ~ ..~~ ~ ==..\. ':0 ~ :: 0 f~ 0 1 ~ 5 = CD \0 ~ I Q :: ~ \)00 '.~Q. ~J ~ i ~O"'''' ~ o~ ~ ~ f(" ~ ~ oil:) ~ ~11.h ~..t.\.~ .11'''.....1IY- ATTEST: CITY OF BOYNTON BEACH, FLORIDA BY: Md~ y~ Vic~9~~ 'C-/- //~ ~.~/ u----- C commissioner <<-~ y~ ---. /issioner ~~i~::-- . ~qV \7~ ':'.J::;-2S-~9':.b 12:(Jl PAU1 BE':'Ch ':T ~ .:l77'; 407 355 ..t3'~8 :: . (' INTE~OCAL AGRE~l\1Ilfi This Interlocal Agreement is made this day of . 1996, between the City of Boynton Beach, a municipality located in Palm Beach County, Florida (hereinafter ~'CITY") and Palm Beach County. a political subdivision of the State of Florida (hereinafter "COUNTY"). each one ~onstitutill8 a public agency u ddiDed in Part 1 of Chapter 163, Florida Statutes. W ITN ESS ETB: W'BEREASt Section 163.01, Florida Statutes, known as thc"FIorida Interlocal Cooperation Act of 1969" authorizes locllaovemmentl to make tho most diciut use 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 wiD harmonize soographic, economic, population and other factors influencing the needs and development of local communities; and WRE~t Pm 1 of Chaptet 163, Florida Statutes, permits public agencies u defined therein to enter into interlocal agreements with eac:h otber to jointly exercise any power, privilege. or authority which such agencies share in common an~ which each misJtt exercise separately; and WHEREAS, pursuant to CITY's Ordinance Number 95-14, adopted June 20, 1995, the CITY annexed property known u the'1AWTence Oaks" subdivision, containing forty acres, more or less, (hereinafter. "property"); and W1fE~S, prior to the annexation, the property was in tbe unincorporated area of the COUNTY and tOOl subject to the Codes and Ordinances of the COUNTY, inducUna the COUNTY's Building Codes; and WHT.JQ;As, prior to annexation. the COUNTY issued a portion of the building permits and eonducted the required building inspections pursuant to those permits ror development OD the 1 ~ ..., ':'",i.:i-2S-19':;.:, 12: ~H FHL.Y\ 8EF.Ci- CT''; ~TT'r ~e:7 35:; ~::'='E - - - ~ .~...:.'';''~ property; and 'VREREAS, the CITY desires that the remainder of development on the property be regulated by the COUNTY and the COUNTY's buiJdiDg permits and conditions attachcd thereto; and WHEREAS. the health, safety and welfare oCresidldtS olboth the CIty and the COUNTY will be set\'ed by the COUNTY providing certain governmental services related to the ,issuance of. building permits ind inspections for completion of development on the property for a limited time; and WHEREAS, this Inierlocal Asrcemcm evidences the intentions of the respective parties to cooperate with each other in ftutherance of the public', interest; and WHEREAS, it is pro~dcd in this Interloca1 Agreement that the COUNTY will provide the pennittiJla and required inapcGtions for a limited time, NOW THEREFORE, in consideration of mutual representations. terms and covenants hereinafter set ~ the putica hereby agree as follows: Section I, Pu1l'OIe The purpose of this Agreement is to allow the COUNTY to pro\.;de certain services to the CITY. Those services are of a limited extent and duration as more particularly described berein_ Section 2, Definitions The foUowing definitions shall apply to this Agreement: a, CI Agreement" means this Interiocal Agreement. including any Imeadments or supplements herein, executed and delivered in accordance with the tcnns hereof. b. "Building CocW' means the a.arrcot edition of the Standard Building Codes of Palm Beach County. and the Amendments to the Staadard Building Codes of Palm Beach County. It shall also 2 ~~~-29-1S9b 12:01 FHL:'1 SE;.Ch CT ( ;::j77'( ~tl7 355 4.398 ? ~4-':'C include the current edition, with aay amcudments thereto. otthc following Codes adopted by Palm Beach County under Cbapter 74-565. Laws of Florida. IS amended: Standard Plumbins Code Standard Mechanical Code Standard Gas Code National Electrical Code Palm Buch County Mobile Home Tie-Down Code Palm Beac:h County Swimming Pool Code c. "Buildinl OfBcial" shall mean the Director of the Palm Beach County Building Division. d. "Division" shall mean the Palm Beach County Building Division. e. '"Fw(sY' shaD maID the fee(s) charged as a ca1dition for a building. electrical. conItrucUon. plumbing or ocher ~ permit, and/or the inspection fee charled for inspection of construction. f. "Inspector" shaD mean any inspedOr in the employ of the Palm Be&Ch County Building Division. g. "Permit" shaD mean the pennit issued by the Division for any construction or rela.ted work in accordance with the Codes. h. "Permittee" shaD mean any individua4 corporation or other Intity applying for andlor in possession of a valid, active pennit. I, "Structure." shall mean any and all a.boV.groUD~ in ground, and/or under ground suuClUtes and any and all constNction, e1~trical andlor plumbma work for which a permit must be obuined, Section 3 Rc;presentativeIMonitoring Position 3 ~ -' ~jj-~-1~9b 12:02 FHL'l ~Ch CT r ri771' 4~'i' 3SS 4398 ~.05r!1;i The COUNTY's representative lcontract monitor during the tenn of this Agreement shall be the Director of the Building Division, Kurt Eismann, whose telephone number is (561) 233-5100. The CITY's representative/eontract monitor during tbe tenn of this Agreement shall be William Hukill, Director of Development, whose telephone number is (561) 375-6370. Section 4 Effective nateITerm This Agreement shall take effect upon execution of both parties to the Agreement. The tenns 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, 19961 unless otherwise terminated as provided herein. Section 5. Sel'Yices Rendered. The COUNTY shall provide the swees of the Buildins Division to review permit applications. isIue building permits and wnduct inspections 011 the property as more specifically set forth in Sectkm 6 ofthil AgreemeJIt. Section 6. Re.,ponsibUitics and Duties The COUNTY shaD be respomible for providing services from the COUNTY'. Building Division for construction on the property during the term of this Agreement. These responsibilities include the review of permit appBcations. the issuanr.e ofbw1ding permits, and the inspections rendered pursuant to buildiDg permits. The COUNTY shall apply the Codes, as referenced herein, in performance of these services. AppUcations for pennits for construction on the property shaD be submitted to the COUNTY on COUNTY approved fonns, The COUNTY shaD determine the necessary permits and the amount of feel for Aid permits. The COUNTY shaD procca. aod preparo aU permits for construction on the propeny and issue same, The COUNTY shaD receive 100'/& of pcnnit fees_ In5pections shaU be conducted in accordanee with COUNTY Codes, Upon satisfactory completion 4 ~~G-2S-199b 12:~2 FHL~ ~H CT~ ~TTv 407 355 4398 ? . C6/ U~ oltha project and final inspection in accordance wi1h the COUNTY Codes, tbe Building Official will prepare and issue a Certificate of Occupancy. The COUNTY shall be solely responsible for enforcement oCvioJations otthe Codes by any person. corporation or entity engaged in construction on lbe property durina the term of this Agreement. Section 7. Administration The services to be performed by the COUNTY puma_ to this Asreoment shall be overseen by Kurt Eismann. the COUNTY' 5 Building .Official. Kun Eisma.nn shaD oversee the services to be performed under thi. ApHmeDt in conjunctioD with Wdliam HuJcill, the em"s Director of Development, in accordance with the policies orthe COUNTY'S Board ofCowrty Commissioners and the CITY's City Commission. Rendition oC services. standards of perf'onnancc, discipline of officers aDd employees and oth. matten incidental to performance of services and CoOlUrol of personnel shall raJIIiD with the COUNTY, This ~ does not make ClTY's agents, employees or legal reprcseatativel the ofBccrs and emploYeeI old" COUNTY for lIlY purpose whatsoever, and the employees U1d 'Ieata of the CITY are in DO way authorized to make any contraCt, agreement, wmanty or representation on behalr or the COUNTY or to create any obligation on behalf oCthe COUNTY. Section 8, Termination This Asrecmcnt may be terminated by either pany to thi. Agreement upon 10 days written notice to the other party. The teA day period includes ~d.s and holidaY', Section 9. Enforeemem COlts Atrj costs Dr' ~sea (mcludlng reuonable attorney', fees) usociated with the enforcement of the tenns and/or conditions of this Agreement shaD be borne by the respective parties, provided. s \itw' ..., .:U:O-2S-1-:,':?6 12:03 FHL:1 8EJ:'CH CT r' riT....Y 4e7 355 4398 ~.e~.l~ howC\'er, that this clause pertains only to the parties to this Agreement, SectiOJl 10. Notice AD notices required to be ~ under this Agreement sbaI1 be deemed suffi~ent to each party when delivered by U. S. Mail or hand delivery to the foUowin8~ COUNTY CITY Kurt EismanD, Director BuildiDs DiviJiOD . Palm Beach County 100 AustnJjan Avenuo West Palm Beach, FL 33406 William V, Hukill. P.E. Director of Development City of Boynton Beach 100 Eat Boynton Beach Blvd, Boynton Beach. FL 3343S Section 1]. Delesation ofDu~ Nothing conuined herein shaD be deemed to authorize the deleptioD of the constitutional or statutory dud. or st.e. county or city officers. Sec:tioa ] 2. Pifiaa A copy of this Agreement shall be filed with the Clerk of the C"arcuit Court in and for Palm Beach COUDty. Section 13, LiabilitY The parties to this AgreemeGt and their respective ofliCtl'$ BDd employees shall not be deemed to assume any liability for the acts. omissions, and negligel1ec of the other party. Further, nothing herein shall be constlued as a waiver of sovereign immunity by either party, pursuant to Section 768.28, Fla. Stat. Section 14. IndAft'lniAt".Jlhqa. CITY agrees to protect. dcft:nd. reimburse, indemnifY and hold COUNTY. it.asentl, employees and . elected officers and each orthem &ee and harmlell at all times from and IPst any and aU suits, 6 ~~~-2S-1SS6 12:03 FALM BEACH CTY rljr~ 407 355 4~9a p.0S/1e actions, legal or adtninistrativc ~i"8s, claims, dem&DCis, damages. liabilities. interest, attorney" s fees. costs aDd expeDSes ofwbauoever kind or nature whether arisiDl in any manner directly or indirca1y caused, oc:casioned or comributed to in whole or in part, by reason of any ~ omission or fault whether KtivI or paSJive of COUNTY, of anyone actin, under its direction or control, or on .its behalfin connection with or incideDt to the performance of this Agreement. CITY's aforesaid indemnity and hold harmless obUptions. or portions or application. thereof; shall apply to the fullest extent permitted by law but in no event shall they apply to liability caused by the negligence or willful misconduct of the COUNTY. its respoctivc asent., servants. employees or omeen, nor shaIl the liability limits set forth in Section 761.28. fla, Stat., be waived. Section 1 S. IftIlltMlee The CITY IbaU. durin, the tenD of this Agreement and extensioDs, if' any. maintain ill full force and e&c:t amenJ liability insurance, which specifically coven aU expoml incident to the intent 1M responsibDitia under this Asrecmc:ut- Such inannce sbaII be acceptable to the COUNTY Risk Manaser and shaD OO'Yf:1lliabilhy for daJMSCl up to 53'0,000.00. As the CITY is seJC.insured, the appropriate dOCUD\fl\tation is to be submitted to the COUNTY to demonatrate coverap. The documentation shaD iDdicIce that Palm Beach County, a political subdivision oftbe State of Florida, as an additional in5UJ'Cd as its interests may appear; and shall also provide that insurance shall not be canceled, limited or nOD.renewed until after thirty da)'l' written notice has been Biven to the COUNTY. CITY escpreesIy undcrItIDdt ~d asrecs that my ~ protection fbmished by CITY shall in no way limit its respoDJibility to indemni1Y md save harmless COUNTY under the provisions of Section 14 of this Agreement. 7 w ..""" ~~G-2S-1S~b 12:e~ FALM 881CI-- C r( riT 7''1' ~e7 355 4398 p.es/~~ Section 16. Amtmdments . This Agreement may be amended only be formal action of the Board of County Commissioners of the COUNTY and the City Commission oCtile CITY. Section 17. Remedies This Asreement shall be ~ed by and govemedby the laws of the State of Florida. (uy and &11 legal action necelsary to enforce the Agreement will be held in Palm Beach County. Section 18.Cq)tioDl The captioDl and Iedion desipations herein set forth are for convenience only and shall have no substantive meanina. Section 19, Severability Ifth. cveal that any lICtion, paraaraph, semence. clause or provisioD hereorbe held by a court ot c~ jurisdiction to be invalid, such shall DOC affect the remainins portions or this Agreement and the lime shall remain in ftill force and eft'ect, Section 20. EntiretY of A~ent This Asreemem represents tho entire understandina between the puties and supersedes all other negotiatioaa, representations, or egreement, eIther written or oral. relatins to this Agreement. Section 21. DuratiOJJ Upon termination ofthiJ Asreement on September 30, 1996, the COUNTY shall bave the responsibility of completiq aD inspections and services related 10 permits that have been issued by the COUNTY prior to the termination due. All pcmUts issued by the COUNTY pursuant to thiJ Asrecmenl (ad prior to the termination of this Agrcc:mem) shall be in effect for a period atone year from the date of issuance. 8 RuG- Z=-l '3Slb 12: 04 FHLM oe:,CI-< ,:T f HTr< ATTEST: DOROTHY B. WILKEN, Clerk By: Deputy Clerk (SEAL) A TrEST: By: Town Clerk (SEAL) Approved a .8 POnD aDd Legal Suftlcieaey By: County Attorney . I , .. 1-/ 407 355 4398 ~.~2/1~ PALM BEACH COUNTY, FLORmA BY ITS BOARD OF COUNTY COMl\llSSIONERS By: Chairman CITY OF BOYNTON BEACH, PALM BEACH COUNTY, FLORIDA By:-.-:. Mayor G:\CO~WPCATA\ENVDl\JU)Ua\Btn1J)[NG\BOYNTON.lNT 9 TOTAL P.1B MINUTES CITY COMMISSION BOYNTON BEACH, FLORIDA SEPTEMBER 17, 1996 City Manager Parker advised that the Planning and Development Board had deleted comments 1 and 2 and added comments 22 and 23. Ms. Hileman agreed with comments 22 and 23. No one in the audience wished to address this item. Motion Vice Mayor Jaskiewicz moved to approve the Major Site Plan Modification request for site plan approval to convert an existing 1,800 square foot single-family home to an office facility of the corporation and to construct an associated parking lot with this use on .3 acre parcel, subject to staff comments 3 through 19, and including 22 and 23. Commissioner Tillman seconded the motion, which carried 5-0. Le- (L Vu<} Hi/ C(.k: ~,! , 11 Michael Briggs lives in the Fox Hollow development located in the northern portion of the Manor Forest PUD. The City has recently annexeQJt.alf of his community into Lawrence Oaks, the southern portion of ~he Manor ForestE-uo:-l"his has had an adverse effect on his community. It was a unique annexation and it has left some unresolved issues. It is starting to affect the financial stability of his community and the harmony of both communities. These issues seem to be more between the City and the County, He asked the City to work with the community and, if necessary, facilitate meetings with the County to try to work out the remaining issues. Both communities cannot live in peace the way this is right now. VII. PUBLIC AUDIENCE City Attorney Cherof advised that we received a letter from Fox Hollow with a copy of a complaint that is pending between the Lawrence Oaks Homeowners' Association and the Manor Forest Homeowners' Association. A number of issues were raised in that complaint, and we are not in a position this evening to say what the City can do, if anything. Between now and the next City Commission meeting, he will contact Mr, Briggs and respond to the legal issues that were raised. Ella Spencer was present on behalf of the residents of the 2100 block of N,E. 1 st Street. She referred to an article in the September 6th Palm Beach Post regarding the City ripping up the asphalt in the swale areas for drainage. and the associated costs that the-- homeowners would have to bear. She advised that the previous owner of her home received a permit to asphalt the swale, and she did not think the residents should be held responsible for something that was permitted by the City. In addition, with regard to 21 MINUTES CITY COMMISSION BOYNTON BEACH, FLORIDA SEPTEMBER 17, 1996 maintaining the swale, she said she does not have the money to pay for the equipment or supplies needed to do that. City Manager Parker advised that over the years, the City issued permits for people who wanted to make the swales parking areas. The City will be ripping them up and putting in grass because as the neighborhoods have been built out, those areas are needed for drainage. The residents will only be charged to replace the asphalt or the cement in the driveway area, and they will be responsible for maintaining the grass area, Ms. Spencer asked if the driveway area will be damaged due to the ripping of the area. City Manager Parker advised that most of the driveways are low in the middle and were built concave. We are going to build them with a different slope so that the water will not sit in the driveway anymore and will funnel off into the grass area on the side in the swales. No one else wishing to speak, Mayor Taylor closed the Public Audience portio'1~of the agenda and declared a recess at 8:40 p.m.. The meeting resumed at 9:00 p.m. VIII. DEVELOPMENT PLANS A. Project: Agent: Blockbuster Video Will Sherrod Anchor Awning & Signs Blockbuster Entertainment Boynton Lakes Plaza-southeast corner of Congress Avenue and Hypoluxo Road Community Design Plan Appeal - Request to appeal the Community Design Plan to allow back-lit awnings on a new outparcel building. Mr. Sherrod stated that the Planning and Development Board recommended approval of the backlit awnings subject to staff's recommendations. Mr. Sherrod agreed with staff's and the Planning and Development Board's recommendations. Owner: Location: Description: Ms. Heyden stated that since Blockbuster Video's trademark is very important to them and is a make or break deal, and because we already lost one tenant on this outparcel, she-'- processed this even though she did not receive any elevations. This is why the comments are structured as a tradeoff. In exchange for allowing the backlit awning, we are expecting that when the elevations and site plan come in, the elevation will contain these kinds of things. The applicant has a little reservation about the limitation on the extent of the 22 ...---.' ~--,........- ~........ ., ~..,..... , ., ..--.- ,....... - ,._" '........ -. '.'-- ..... ~. --. -_...-- /c-,.. ~ . iV., jli- ( DATE: JOSIAS, GOREN, CHDOl, DOODY . IZROL, P.A. 3099 Ease Co-=ercial Boulevard suite 200 Fort Lauderdale, Florida 33308 (954) 771-4500 Facsiaile No. (954) 771-4923 AU9\1st 27, 1996 RECIPIENTS PAX NO. 1-407-375-6011 TO: wilfred HaWkins, Assistant to the City HanaCJer PROM: MIchael J. pawelczyk, Assiatant CIty Attorney This traneJD1saion contains eleven (11) p&c;eCa) including thi. cover. FILE NO: 900182 rILE REFERENCE: ~RtOR k~eral Matter. Lawrence 0iKi: exa~ion COMMENTS: Attached is the propo.ed Intarloc:al Agreement for Lawrence Oaks and corre.pondenee received Auqu.t 27, 1996. Plea.. review and provicle ccmment. to - by tomorrow at 3:]0 p.ll. I vill be at City Hall for a ...tinq .t 2:00 p... and will stop in at that time to cae you and di.cu.. the aqree..nt. co: !C8rri. Parker Bill Hukill The InfolWlclon contained In till. ,....H. ...... enlI tile ~ foUc*I"I .r. attonwv prlvU.... ... oonftc~"tt.L Info.-tlon intended only for the UN of ,he i...iYi.., ... tnttty .-cI ave. If ,he ...... d this ...... f. NIt the I"t...... l"eCipient, l'O'l .... her_ Nlttfled tMt tift eIi_i".Uon, dfecrtllutf"" or eOfIr' of thf. o.ulfcatiOl'l f. .trlctly prall'bit". If l'GU .....,. recelwd U-,. ~futf., fn error, pl... f~f.t.ly ...elfy w b, t.l..... ... return the orf,iNL ....... to ~ at the .... eddr'... v,. the u.s. ,..tal ..rvlce. Ttlri Y'llU. It any problems occur in reeeiving this .....g., plea.. call this office at (954) 771-4500. Thank you. ~pj(v~- . 1\ ~ sM~ (\- _ (}~~~~~p if ~ O-~'\l RECEIVED 109 27 1996 CJTY MANAGER'S OFFICE ~(JG=zr-;I99a-12:17 - DtaIIe 01.-1 D)V)/CIl c:eua'J AaOI'MIJ p,o, .. 1919 Wl<<FlIm 1IaCl'l. P\.3J402-l'II' (56l) 155-UU 11MCOM: (!6t) 2'73';ZU FAX: ~'t) S66-4" . ftIIft .... 4;16.," ....., ~ oe__'.Iflrl1'1 "'" 1. ~ ChWman e.tn. AarcnIOIl. VIce (hairINIl MaleI' f. abmII Carol A. ~n1 WU1'et\ H. ~II MIry Mc:Cu!7 IIiIaIadf JIIlrd I.ee c-tJ UIl ..~... flabeIt WliIm8ft, p,1. .Aft....~.. IVtIIq ~MriM""'" @ PfW*#-""""" PFU111ER01 ~ RTTY ~'t' ~~~ ~~'=-t:I "".1011'110 AUg\JR 27, 1996 Vie TeJefa CIU) 771- 4.23 Mike Pewelczyk, Auiatant City Attorney City of Boynton Beach 3099 Ea" Commercial Blvd., Suite 200 Fort Lauderdale. Fl 33308 Re: Intertocal Agreement Dear Mr. Pawelczyk: Encloaed pl... find the IlJVtsed lnterloc8' Agreement between Boynton Beach .,d PIIm Beach County, whiM oonteln, the amended Section 1 e, which meeta ., the approval of the County'$ RIsk Management. As you did not haYI the legal description for the annexed property. I have deleted the 'egal desaipllon from page 1 of the AgreerMnt. I also added additional language to Section 21, ~Ich provides that ell building permits iSSUed lnall haw an effective period of one <, } year. 1'18858 review the.. chang. and adVise If vou have any other further oommenta or chang.. _ lOOn as poaible. Thl. ha bHn lCheduled ror the Boa'd of Cot..nty Comml..lon..... agenda of Sept(tmbet 3, and, obviously, we nHCI to have a final Item for the agenda 8S sagn 88 poulbl., PI...e advise when thi, Agreement will be ~nsld.r.d by the Boynton Beach City Commlaion. I look fotward to hNring from you. PIe... canted me at 355-3829. Thank you for your cooperation. uk", sq. Anlstn County Attorney RFD:cmm Enclosure eo_ wItftctaUII: Gofdon ~, 1IIIidge, Oe~ CIieI CGunty Mem., DomInie ..... .......... ~ tbctOr. PZI8 Kurt I!IIrnIM. OlNotlDr. BI,lIdtng OlwlIian MlhIr'd DIWII, Rille _~IlJlUt G:'1CCMMON'WPOATA'4!NVtIMDUl(E';lUtI.DlN(jj....,.~.z.L TR ~UG-Z7-1~ 12: 18 Fq.M ~H ClY ~TTY 407 3S5 43~ P.02/10 lJITERLOCAL AGREEMDT Thillntedocal Agreement I. made this day of -' J 996. bctwClCD the Cjty of Boynton ~h. a mucicipa1ity located in Palm Beacb County. Florida (hereinafter 4<lCIIT') and Palm Beach County.. political subdivision ofthc Stare ofFtorlda (beIcinafter uCOl,.NTY"). each one comtituting a public agency u defined in Part I ofCbapT<< 163. Florida Statutes. WITNESSETH: WHEREAS, Section J 63 .01, Floncla StaMcs, knowD II the "Florid&Iarcrloca1 Coopc:ntion Act of 1969" autborizes local iOvernmems to make the most et&ient use. of thair powers by enabling them to coopera.tc with other localities on a basis of mutUatldvantaac and ~reby to provide serviccslDd racilitiCi that ....ill harmonize aeopaphic, economic. population and other tKtcrs influencmg the aeecls and ~lopmem oftocal comaamities; aDd WHEREAS, Part 1 of Chlpter 163, Florida Statute$. permits public lIencies u defined therein to enter into iatetlocal agreementl with each other to jointly exen:~ any power, privilego, or authority which I\1Ch agencies abate in common and whioh acb might e'tcrciae aepantcly; IU1d WHEREAS. purl1J8Dt to CITY', Ordinance Number 95-14. ados*d June 20, 1995. the CITY annexed property known as tM ~e OalcaulUbdiYisioa. COIltainq forty acres, more or leis, (hereiDafter, "propertyj; and WHEREAS, ptiQC' to the A'UUtiOll, the property 'MIS in cbe lmint-mporated .-ea of1be COUNTY IDd thus subject 10 the Codes and 0rc1i.Jw1ces of the COUNTY, including the COUNTY', . BllUdina Codee; IDd WHEREAS. prior to anneution. the COUNTY iaud. portiOt1 of the buiJdina permits aDd CQnd~ the required builctiDa inspections pursuant to tho.. permits for cLweJopmClll on the - - -- -.------ 407 35S 4398 D.e3~La ~cr-7'':-~--12:1e- F'rl.M ~ cry ~-":'Y property; and WHEREAS, the CITY desires that the remainder of development on the property be regulated by the COUNTY and the COUNTY':i buildq permits aDd conditions attached thereto~ and WHEREAS, the bea1th.1afcty and welfare ofre5ident~ ofbodl the CITY and the COUNTY wiU bet lerVed by the COUNTY providing certain lovemmll)ta] services relat04 to the issuance of buildics ptrmi1s and inspections for completiOll of development on the property for a limited time; and WBEKEAS. this InterJocal ~t evkicmccs Ibe intentions ofb respective parties to ~pcratCl with each o1heJ in furtheraDCC of the public.s interest; and WHERI.AS, it it provided in tis 1nterlocal AgrccmaU that lhe COUNTY wiU provide the pcrmittinlll1C required inspection. for a limited titTlC. NOW THERErORE, in emsidcratioD of mutual t'lprneJ11Bdo~ terms IDd covenants hereinafter "t fOl'th, the puUea btreby agree u follows: ~iftn J. PU(pO;JC The purpose of this Apement is to allow the COUNTY to provide cmain serviees to the CITY. Those seMOCS are of a limited extent aM duralioa as more partieularly dacribed herein. S I!!lCtion f' Qofin.itions The following defiDitions Iball apply to ibis Acrecment: .. u~ meaDS thi.lntedocal A~ Ddudin; any ammdments or supplements b:rcin, ~ and delivered in ac.cardancc wich t~ tenDS hereof. b. uBuildiq Co4es" DlWlS the curreDt edition of the Standard BuiJdiaa Codes of Palm 2 ~~(-l~ 11l1/.1~ FR-M a:J=lOo CTY ~iTY 40? J5S 4399 P. 04.....10 Beach COUDty. and the Amendmea1l to the Standard Building Codes of Palm Beach County, It sb&11 also include the ~UlTent ectitiOD, with lUl)' wendmcnts thereto. of tile fbUowina Codes aclopted by Palm Bead! COlll1ty Uftder Chapter 74-56 S, Laws of Flod~ as ameDdecl: Standard Plumbinl Code Standard Medlanical Code StandArd Gas Code Nlltioaal Eleetrical Code Palm Beach Couoty Mobile Home Tie-Down Code Palm 8ea.~ CoUDty SwiJnmina Pool Code c. "Buildit:1& Offtcial" shall meaD the Director of the Palm BelCh County Buildina Division. d. "DivisioD- Iball mea the Palm ~h County B\&ilding DiVillon. e. t4Fee(s)" sbal1 mean the fee(s) dwged as a condition for . bui14inS, electrical, construction, plumbing or other Jl<<,CSlaty permit, and/or the inlpcctiDD fee cbataed for inspecdon of goQl1NC1ion. f. 'bpectOr" shill melD Ifty inspoctm ill the employ ofth~ Palm Buch c.ouaty Buildizal Division. ,. "Permit" sbIl1 mem the permit issued by tbe Oiviaion far qy CQU1NCtion or zetatecl work in -=ordaDQC with the Codes. 1\. "Pc:anittee" shall meaD any iDdividual. corporation or other eatity applyil1l for and/or in polleuion of. valid, ecnve permit. I. "StructureI" Ihall meaa lIlY aDd all .bow-around. in lJI'01IIld. and/or under grouno Itn1Cnns and Ill)' Md all CODIIIUCtioo, electrical and/or plumbina 'NOfk for which. permit must be 3 ~1Ju-~(-1'3% 12; 19 PR.M ~~ ClY Rl"N 4e? 355 4398 p.05/1e obtained. Section ~. Rq,lresentatlveIMonit9riu, Poaition The COUNfY's repmen1a1ivc lcontraa mOlliter duri.ng the tenD of this Agreement sball be !he ~irector of the Builcline Division, KunEismann, whOM telephone number ia (561) 233-5100. The CITY'. ~,,'elcontrKt monitor during the term of this AiRcmcnt shall be William HlIldll. Director ofI>evelopment. whoae ltlephonc number i5 (561) 37S.63S0. Section 4. Eft'ecrive JMt~lT~ This Agrecmmr !ball take effect upon execution. The terms of this Asreement Ihall be for a period of IIppNximatBly cae momh and Ibal1 continue in full (OICe and effect up to and including October 1 t 1996. unl08. othcrwist lerIninated as provided herein. Sectian 5 Services Ren~~, The COUNTY shall provide the services of tho BuiJdina Division 10 ~vicw permit applicitiOl1.9, i!lSue building permits and conduct wpectiOftl on the property as 1n0l'c 5J)CCificaJly let fcrth in Section 6 ofthi, Apeoment. S~nn 6. Re$pons;mlifiM and Dutiea The COUNTY shall be respoDSible for providq service.hom the COliNTY's Buildm, Divhion for OOOltrUcUon 011 ~ property cIwing me term of this Agreemea.t. These responsibilities in~lude the review of permit applications, the iuUIDU of bui1dina penni~ aDCl the iDlpections rtnei=d pursuant to bulleting permita. ~ COUNTY shall apply the Codes, as referaced herem, in perl'~ ofiheae servicea. AppJicaUOns rot peDnill for construdion on the property sbaJl be nbmitted to tile COUNTY on COUNTY apJ)l'Ove4 fonus.. The COUNTY shall detel'llliM the JleCCSSBry pamju and the amount of fees for said ~tJ. The CO~TY sIWJ proeaa and prepare 4 HUU-~(-l~ l~:~ ~M l:l:J.OoI CTY FITT" 40'7 3SS C98 P.06/1C all permits for construction on the property and issue same. The COUNTY s~1 receive 100% of permit tea, Inspections all be cODducted in ac~ with COUNTY Codes. Upon satisfactory completion of the project UDd final inspection in ICcorduu with the COUNTY Codes, the Building Offieial will prepare and iNUe . Catiftcate ot Oc:eup~y. The COUNTY shIalJ be solely respomible for enforcement of violatiOUl of the Cocles by my person, corpor.aon or entity engaged in comtruotion on the property cIurina the term of this AgreelDeM. Section 7. A.dmin~lJ'aJ.igD The services 10 be pedormed by the COUNTY pu11UIDt 10 this Agreement shall be overseen by Kurt Eianlllm. 1be COUNTY's Building Official. Kurt EiaP-1'" shall oversee the emices to be perCormed unclcr this Agreement in conjunction with William Hukill, the CITY's Direcror of Development, in lL1Cordmce with the policies uf1be COUNTY'S Board of County Commissioners and the CITY's City Commission. Rendition of services, Standards of pertOnnance, dilci.pUne of officers aDd employee. uad otbel' snatter& iDcideetal10 perf'ollDDCe of services and conu-ol of pmollDll shall remain with the COUNTY. Tbis Agreement does DOt make CITY's agent&. employeel or legal t'tlUes..I\tatives d1c omc:en and employees oftbe COUNr( for lAy pwposc whatsoevel, tmd thI Il:1\ployees and ag~ts of 1hc CITY are in no way authorized to make auy COntraCt, qreemcnt. warran~ or representation OD behalf of the COUNTY or to create lID)' obliption on behalf o!the COUNTY, Section I. Tl'!!l'JIlinaliou This Agreement may be tenuiDatcd by either party fA this Agreement 'UpOn 10 days written notice to the od1a party. The ten day period includes weekends and holidays. SllCtMn 9. FJrf~ Cost!l ~ RIG-ZT~~- \2f2e p~ ~C1Y A1"rY 40'7 3SS 4398 P. 0'" /1 e Any celtS or expenseS (includin& reasonable attorney- s fees) associated wi1h the enforc,ement of tM terma and/or conditiOM of th;s Apecment W11 be borne by the respecti \'C parties, provided, bowever, that this clause ~rtains only to Chc parties to 1hiI Apeement. Section. 10. Notice All notices RquUed to be liven under 1hiI Aareemcnt shall be deemed sutfic.icnl to each party when delivered by U.S. Mail or haDci delivery to the followiJ1a: COlJNTY CITY Kwt Eimllmn, DiNctor Building Divilion Palm Bach County 100 AUI1I'a1ia11 A VC1l1Jt We.st Palm Beach, FL 33406 William V. Hukill. P.E. DiJcctor ofDeve1cpmcnt City ofBoyn.1oD 8eacb 100 EaaBoymon BelCh Blvd. B0)'Il1ol1 Beach. FL 33435 ~eetion 11. DelltptiOll of~ NothiDc ~ed herein ahaU be deemed to authorize the delegation of the constitutional or .tanICOry duties of state, ca.mty or city offic;en. Seen^", 12. Filini A copy of this AgIcement shII1 be filed wi1b the Clerk oftbe Circuit Cowt in w! tot Palm Beach CoWJty. Sdction 13. Liabi~ the partica to this Acrccment and their respective officers and employee. shall Dot be deemed to emune any liabiB1y for the acts, omissions. and ncall,ence of the olherparty. Further, oothina herein shall be construed aa a waiver of sovcre1sn immunity by either party, pursuaDt to Section 768.21, PlL Stat. Sedion 14. ln~f1~ 6 Rt..G-2'7-1996 12121 PI=l..I'1 EEFlCH CTY :::tTTY e7 3'5S 4...~ p.0E/le CITY agrees to protect. defend, reimburse, indemnifY and hold COUNTY, its agen1s, employees and elected otncers aDd each of them free and bamsJess at all times from anQllainst any and III suits. actions. lepJ Ot IIdministrative proceedin&i. claims, demands. damaau, liabilities. interest, anomey's feu, ocat, Md expenHII of whatloevcr kind or nature whe~ ari'inI iA uy manow directly or iDdirec:tIy caused. occssioned or contributed to in wbole or in ~ by reason of any ~ omission or rault whether acti~ or passive of COUNTY. of anyooe acting under is direc:tion or CCJltrol, or OD its beba1f in connec:.1ion \\;t!l or ilWjdent 10 the perfonnaoce or 1hiJ Acreement. CITY's aforesaid indemnity aod hold hmnless obliptiOl1ll, orportjoos or applications thereof: shall 8Pl'ly to the fullClt extent permitted by law but in no &Mr1l sba1l they apply to liability ~ by the aegligenClO or willfuJ miacon~ of the COUNTY, its ~ve apntl. ~rvants. employe" or officers, nor shall the liability llmib $Cl forth in Section 768.28, Fla. Stat.. be waived. ~ti9Jll ~ Inlur~nr.e 'I'M CITY &ball. cIurins the term of'Chlt Agreemeutw exttaSiorw. ife)', maintain in fW1 forQe 1Il~ efiKt acnoralliabillty insurance. wbich lpecitically covers all expolure. incident to the intent and responsibilities UIIClcr 1his Aareement. Such inlunDce sbal1 be ~eptabI. to the COUNTY Risk Mansgct and shall ~ovc:r liability for dcDaaes up to $3S0.000.00. As the CITY is Klf.iJ15ured, the appropriate documentation is to be lUbmitted to the CO~TY to demoDStl1lt2 CXMDi.. The dccumc:atation ,ball indicate that Palm BeaGb CO\Dlty, a politiQd subdivision of the State of Florida. as an Idditioual tDsurcd as its interes1i may appear; mcI shall also provide that insurance shall DOt be canceled, limited or DOft-l'ODCwed until efta- thirty dIIys' writb:n notice has been given to the COUNTY. )9I1Y mqnssly understands and agrees that any ~ protection ~ by CITY shall in DO way limit its n'lSponsibility to inde~ and sava hatmless COUNTY 7 ~cr-~199b .12-:'21- ~ -Ei:J:lcH cry RlTY 407 3S5 4398 p.09/1el ? UDder the pro~i,io1lS of Scttion 14 of tJUs Aareemen~ I Section 16. AmeJ'ldm~ts nu, A~Dt may be 8mClllded only be fomml action of the Board of COWlty Commissioners of tile COUNTY Md the City Council otthe CITY. gection 17. RfIlIt1r.diea 1'bi5 Agreement shan be construed by and pcmed'" 1M la't\s of~ State o(Floria Any and alllcg" action M(,f5S1l}' to cmorce the Aarecmcm will be hold in Palm Beach County. Section. t I. C~tion!l The captioDl ead teetioa designation. herein set fonh are for convenience only and shall have no IUbstaDlivc 1l1II1Una. Section 1 ~ Scwrabili~ . If tIN even! that any section. pamsraph, lCll\cnec, clauae 01' provision hereof be held by ~ court of competent jurisdiction to be invalid, such shall not affect the rmuUnin, pomODs of Ods Agreement ID<I tht same sball remabl in full fbrce ud effect. ~.tion 1('). EntirfJtv of ~~1. This Aaxement represents the emire UDdtnunding between the parti.. aDd supcnedoa all other negotiation$, repraentationa, or agreemear. either wriuea or oral, relating to 1hi1 Apement. Section 21. Duration y:;--.-- X Upon tmnbuIdOll. .flbis .....-- ~~Iho COUNTY abaIl have !be respoDSibiJity of complelin, all inspeed.ou and IJCIVius ~tltCd to permits that have been issued by the COUNTY prior to the tcrmMation date. AU petmiw iau~cl bJ the COUNTy pursuant to this Agrecmel11 (aDd prior to the termination oftbis Apeemem) shall be ill effect for a period of one 8 Ml.JC.r"~ r- L':Nt) 1~; U!- Fq,.M JE:.CH en ~i'N year ftom me date of issuance. A nEST: DOROTHY H. WiLKEN, Clerk By: Deputy au (SEAL) A nuT: By: Town Cied (SIAL) Approved u to 1'0l'1li aad LepI Suftlclacy By: Coumy Attorney ~? 3SS 4398 P.10/1C PALM BEACH COUNTY, FLORIDA BY ITS BOARD 01' COUNTY COMMISSIONERS By: ChaizmaD CITY OF BOYNTON BEACH, PALM BEACH COUNTY, FLORIDA By: Mayor O:\OOMMON\WPDATA\ENVUI.'<<DUKMUlLDlNO\8OYNTO'NJNT 9 TOTj:;L F. Hl ~ ~' 0- ~ ~~ -- thf.., ~ --- ~; ~' (J)~. ~~ ~~'f--~~ ~ eav~~~ ~?T~~_~ ~-~~A~_ v~~~ ~.