R99-057RESOLUTION NO. R99-,~'
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND
DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE
AN AMENDMENT TO THE FINANCIAL ASSISTANCE
AGREEMENT DATED APRIL 15, 1997, FOR GATEWAY
BOULEVARD FROM SEACREST BOULEVARD TO THE FEC
RAILROAD BETWEEN THE CITY OF BOYNTON BEACH
AND PALM BEACH COUNTY; AND PROVIDING
EFFECTIVE DATE. I
WHEREAS, the City has previously on April 15,
Financial Assistance Agreement with Palm Beach County
AN
1997, entered into a
for partial funding of
installation of improvements along Gateway Boulevard from Seacrest Boulevard to
the Florida East Coast Railroad Crossing; and
WHEREAS, the County has agreed to increase the financial contribution
from $750,000 to $2,000,000 for the construction of Gateway Boulevard, which will
allow the full funding of the construction of Gateway Boulevard, including
engineering fees, construction cost and administration of construction costs, as well
as extending the completion date of the project to December 31, 2000;
NOWf THEREFORE, BE I'T RESOLVED BY THE CI'TY COMMI'SSI'ON OF
THE CZTY OF BOYNTON BEACH, FLOR?DA, THAT:
Section 1. The City Commission of the City of Boynton Beach, Florida ,
upon recommendation of staff, hereby authorizes and directs the Mayor and City
Clerk to execute an Amendment to Financial AsSistance Agreement, dated April 15,
1997, for Gateway Boulevard from Seacrest Boulevard to the FEC Railroad, which
Agreement is attached hereto as Exhibit "A".
Section 2. That this Resolution shall become effective immediately upon
passage.
PASSED AND ADOPTED this
day of May, 1999.
CITY OF/::BOYNTO~ .BEACh, FLOR[DA
/'~ce Mayor'
Coromissioner ~ __
Commissioner
/
"' I
1 \ I"
\ ~ \ .
r- .
/
1
2
3
4
5
6
II
- l
GATEWAY BOOLBVlUU> ANli:NDMENT TO FINANCIAL ASSISTANCE AGlU:1I:MENT
AMENDMENT TO FINANCIAL ASSISTANCE AGREEMENT
DATED APRIL 15, 1997, FOR GATEWAY BOULEVARD FROM
SEACREST BOULEVARD TO THE FEC RAILROAD
R 9<1 79 5 0
J~AY 1 8 1999
THIS AMENDMENT is made as of this ____ day of , 1999,
to the Financial Assistance Agreement dated April 15, 1997, by and
between the CITY OF BOYNTON BEACH, a municipal corporation of the
7 State of Florida, hereinafter "CITY", and PALM BEACH COUNTY, a
8 political subdivision of the State of Florida, hereinafter
9 .. COUNTY" .
10 WIT N E SSE T H:
11 WHEREAS, on April 15, 1997, the CITY and COUNTY entered into
12 a Financial Assistance Agreement (R-97-454-D) providing for partial
13 funding of installation of improvements along Gateway Boulevard
14 from Seacrest Boulevard to the Florida East Coast Railroad
15 Crossing; and
16 WHEREAS, the CITY finds it beneficial to design and build a
17 roadway that includes such features as has deemed desirable for
18 this particular neighborhood, such as traffic calming, and
19 beautification; to control the development along this roadway
20 corridor for future use; to use this roadway as an entrance feature
21 to the City of Boynton Beach; and to allow the roadway to take on
22 a personality that would ordinarily not be available to roadway
23 development; and
24 WHEREAS, the long range travel demand forecasts for this road
25 segment fall in a gray area between the need for two travel lanes
26 and four travel lanes; and
27 WHEREAS, with the specific understanding that in the future
28 the CITY will seek no additional COUNTY contributions for later
29 improvements or for ongoing maintenance (including transfer of
30 maintenance responsibility), the COUNTY finds it beneficial to
31 increase its financial assistance to the CITY to an amount that is
-1-
I
i\
: i
I
1 I
I
I
2 I
I
3 I
I'
4
, I
5 I
I
6 I
I
7 !
I
8 il
Ii
9 d
I!
10 II
I
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
II
GATEWAY BOOLBVlUU> AMJCNDMII:NT TO FINANCIAL ASSISTANCE AGlU:II:MENT
deemed as commensurate with an ultimate section of four travel
lanes; and
WHEREAS, with the CITY's assurance of no future financial
involvement of the COUNTY, the COUNTY respects the CITY's right to
determine the best use of the COUNTY's contribution for
improvements along this road segment, including the determination
of the appropriate number of travel lanes; and
WHEREAS, the original Agreement provided for a maximum COUNTY
reimbursement to the CITY to be $750,000, and with the additional
$1,250,000 provided by the AMENDMENT,
the maximum COUNTY
reimbursement will be increased to a total of $2,000,000 as a
result of this AMENDMENT.
NOW, THEREFORE, in consideration of the promises, mutual
covenants, and conditions contained herein and other good and
valuable consideration, the receipt, sufficiency of which is hereby
acknowledged, the parties hereto agree as follows:
1. The above recitations are true and correct and incorporated
herein.
2.
The
Financial
Agreement
Assistance
(R97 -454 -D)
dated
April 15, 1997, by and between the CITY and COUNTY, is amended as
hereinafter set forth:
3. Paragraph 1 of the Agreement is hereby deleted in its entirety
and the following is inserted in lieu thereof:
Paragraph 1:
The PROJECT is defined as Gateway Boulevard
Improvements from Seacrest Boulevard to the west property line
of the FEC Railroad and consists of the design, right-of-way
acquisition, and construction in order to provide the
following types of improvements:
a) turn lanes
b) paved shoulders/bike lanes
c) sidewalks
d) drainage
-2-
1
2
3
4
5
6
7
8
9
10
II
GATEWAY BOULEVARD ANli:NDMENT TO FINANCIAL ASSISTANCE AGlU:1I:MENT
e) striping
f) signing
g) landscaping and irrigation installation
h) street lighting
j) street furniture
4. Paragraph 2 of the Agreement is hereby deleted in its entirety
and the following is inserted in lieu thereof:
Paragraph 2: The CITY agrees to be responsible for
accomplishing the design,
construction of the PROJECT
right-of-way acquisition,
by December 31, 2000.
and
11 5. Paragraph 3 of the Agreement is hereby deleted in its entirety
12 and the following is inserted in lieu thereof:
13 Paragraph 3: The COUNTY agrees, subj ect to budget, to
14
15
reimburse the CITY for the CITY's costs of the PROJECT as
defined in Paragraph 1, excluding CITY staff costs but
16 including consultant costs, in an amount not to exceed TWO
17 MILLION and 00/100 DOLLARS ($2,000,000.00).
18 6. Paragraph 4 of the Agreement is hereby deleted in its entirety
19 and the following is inserted in lieu thereof:
20 Paragraph 4: The CITY agrees that the CITY, not the COUNTY,
21
is responsible for any PROJECT costs in excess of the
22 $2,000,000.00 amount in Paragraph 3.
23 7. Paragraph 7 of the Agreement is hereby deleted in its entirety
24 and the following is inserted in lieu thereof:
25 Paragraph 7: The CITY agrees to continue to maintain Gateway
26 Boulevard, from Seacrest Boulevard to USl, as a City Street
27 and specifically in acknowledgment of the COUNTY's increased
28 financial participation, the CITY agrees that the CITY will
29 seek no future COUNTY contributions for later improvements or
30 for ongoing maintenance (including transfer of maintenance
31 responsibility to the COUNTY) .
-3-
il
II
GATEWAY BOOLEVARD ANli:NDMENT TO FINANCIAL ASSISTANCE AGlU:1I:MENT
1
8.
Except as modified hereby, the terms and provisions of the
2 I Agreement remain in full force and effect, are ratified and
3 confirmed, and incorporated herein by this reference.
4 [SIGNATURE PAGE TO FOLLOW]
-4-
:1
\,
, I
GATEWAY BOOLEVARD ANli:NDMENT TO FINANCIAL ASSISTANCE AGlU:II:MENT
1 IN WITNESS WHEREOF, the parties have executed this Agreement
2 and it is effective on the date first above written.
3
4
9
10
11
12
13
14
15
16
17
CITY OF BOYNTON BEACH,
BY ITS CITY COMMISSION
5
6
By:
7
8
ATTEST:
~\\\ \\1 \I"" /fIll
#""~OYN'TO I'II~
~ ~ ~........ '" -L>. ~
~ 0 cp~O~~... V~ ~
$:,).. ~ ~\.,.::::
::1- ~ 0:
= :t:
- -
:::: -
., ;::
;:::
~ ..;:::
C~RK ........... i:fo
~111.;c:-LOR\O~ ~,~~
1'11/11/1111\\\\\\'"
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
BY:~O~.
City Atton~y
Date: --5--/';; -1/
18 G: \ BOARD \ GATEWAY . AMEND .AGR
PALM BEACH COUNTY, FLORIDA, BY ITS
BOARD OF COUNTY COMMISSIONERS
By:
R 9 9 7 9 5 0 MAY t 8 1999
/;( ~ ?ar-eI ~~
CHAIlUWf
AT~HY H. WILKEN, CLERK
BOard of County Com~issio 'f. "\~
By _ . ..' .e~~""'1
DEPUTY CLE~... BE ""~\
:: .. ~ A", '.~ ~
~ " ",-~", .(1) ~
i l.L i ~ '7 \(It~
DEP~~LJlRl,\JN T Y ~oJ
\0\ FLOf\\Ot- ,!~
~l O"L..... ... /(!i.
11'-0"' .' C:J~
APPROVED AS TO F~iMf~~"~..ocI"
l\\~~~,,~
LEGAL SUFFICIENCY
By:
By: '!1{i(~ fJ4ufiC ~
As istant County Attorney
Date: 0'//4/<; 7
I (
-5-