R04-154
II I
1 RESOLUTION R04-15a.4
2
3 A RESOLUTION OF THE CITY OF BOYNTON BEACH,
4 FLORIDA, AUTHORIZING EXECUTION OF AN
5 INTERLOCAL AGREEMENT BETWEEN THE CITY OF
6 BOYNTON BEACH AND THE TOWN OF GULF
7 STREAM, FLORIDA AND PROVIDING AN
8 EFFECTIVE DATE.
9
10 WHEREAS, the Town of Gulf Stream is foregoing it's right to annex
11 certain unincorporated properties lying near or adjacent to the corporate
12 boundaries of the Town of Gulf Stream in favor of the annexation by the City
13 of Boynton Beach, and;
14 WHEREAS, the unincorporated properties are not currently
15 contiguous to land within the jurisdictional of the City of Boynton Beach and
16 not immediately subject to annexation, and;
17 WHEREAS, staff has reviewed and recommends acceptance of the
18 Interlocal Agreement, a copy of which is attached hereto and made a part
19 hereof;
20 NOW, THEREFORE, BE IT RESOL VED BY THE CITY
21 COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA,
22 THAT:
23 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed
24 as being true and correct and are hereby made a specific part of this Resolution
25 upon adoption hereof.
26 Section 2. Upon recommendation of staff, this Commission does hereby
27 authorize execution of this Interlocal Agreement between the City of Boynton
S:\CA\RESOlAgreements\lnterlocals\lnterlocal Town of Gulf Stream - Annexation.doc I
I
1 Beach and the Town of Gulf Stream, which Agreement is attached hereto and
2 made a part here.
3 Section 3 That this Resolution shall become effective immediately upon
4 passage.
5 PASSED AND ADOPTED this l day of September, 2004.
6
7 CITY OF BOYNTON BEACH, FLORIDA
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S:\CA\RESOlAgreements\lnterlocals\lnterlocal Town of Gulf Stream - Annexation.doc
VI.-CONSENT AGENDA
ITEM C.12
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office
o August 3, 2004 (Noon.) July 19,2004 o October 5,2004 (Noon) September 20, 2004
o August 17. 2004 (Noon) August 2,2004 o October 19,2004 (Noon) October 4, 2004
n
[8J September 7, 2004 (Noon) August 16, 2004 o November 3, 2004 (Noon) October 18, 200b CJ-i
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o September 21,2004 o November 16,2004 ;p. -<0
(Noon) September 7, 2004 (Noon) November I, 20O!t: (,"')"
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0 Administrative 0 Development Plans :'-'::z
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NATURE OF Consent Agenda New Business I;::) %
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AGENDA ITEM 0 Public Hearing 0 Legal ., "TIC¡:)
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0 Bids 0 Unfmished Business I..D
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0 Announcement 0 Presentation
0 City Manager's Report
RECOMMENDATION: To approve the Interlocal Agreement between the City Of Boynton Beach and the Town of
Gulf Stream, Florida.
EXPLANATION: The Town of Gulf Stream has been giving consideration to the annexation of several
unincorporated properties lying near or adjacent to the corporate boundaries of the Town of Gulf Stream. Said
unincorporated areas are not currently contiguous to land within the jurisdictional limits of the City of Boynton
Beach and are not immediately subject to annexation. To assure the Town of Gulf Stream that said properties will
not exceed the 3S ft. height requirement and to assure that the density will not exceed six units per acre, Gulf Stream
is willing to forego its right to annex said properties in favor of the annexation by City of Boynton Beach.
PROGRAM IMP ACT: The City of Boynton Beach will agree that the said properties annexed shall be subject to a
binding provision in the Code that no structures included with the annexed properties may be constructed to a height
in excess of 3S ft. and no density shall be allowed in excess of six units per acre.
FISCAL IMP ACT:
AL TERNA TlVES:
Department Head's Signature City Manager's Signature
Department Name City Attorney / Finance / Human Resources
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
RoL- 15'"
INTERLOCAL AGREEMENT
THIS AGREEMENT shall be effective as of the 7 day of ~
2004, (the "effective date") and is being entered into by and between the TOWN OF
GULF STREAM, FLORIDA, and the CITY OF BOYNTON BEACH, FLORIDA.
WITNESSETH:
WHEREAS, the Town of Gulf Stream has been giving consideration to the
annexation of several unincorporated properties lying near or adjacent to the corporate
boundaries of the Town of Gulf Stream; and
WHEREAS, the City of Boynton Beach has entered into certain agreements that
commit property owners to annex into the City of Boynton Beach if and when the
owner's property becomes contiguous to the City of Boynton Beach; and
WHEREAS, said unincorporated areas are not currently contiguous to land within
the jurisdictional limits of the City of Boynton Beach and, therefore, are not immediately
subject to annexation; and
WHEREAS, the interest of the Town of Gulf Stream in annexing said properties
is to assure the Town that said properties will not exceed the 35 foot height requirement
presently existing in the unincorporated area and so as to assure that the density will
not exceed -six (6) units per acre; and
WHEREAS, the Town of Gulf Stream is willing to forego its right to annex said
properties in favor of annexation by the City of Boynton Beach subject, however, to the
City of Boynton Beach agreeing that subsequent to annexation the height and density
requirements referenced herein will not be exceeded.
NOW, THEREFORE, the parties to this Agreement hereby agree as follows:
Section 1. The Town of Gulf Stream shall not seek to annex those
unincorporated properties referenced herein as defined in Exhibit "A" attached hereto
and will state no objection to said properties being annexed by the City of Boynton
Beach should the City of Boynton Beach attempt to annex said properties subject,
however, to the City of Boynton Beach agreeing to the terms set forth herein.
Section 2. In consideration for the agreement from the Town of Gulf Stream
not to seek annexation of the properties described herein and to state no objection to
said annexation by the City of Bcynton Beach, the City of Boynton Beach, in
consideration therefore, agrees that the properties annexed shall be subject to a binding
provision in the Code of the City of Boynton Beach which will provide that no structures
included within the annexed properties may be constructed to a height in excess of 35
feet and that no density shall be allowed in excess of six (6) units per acre.
Section 3. The provisions relating to height and density referenced in Section
2 above shall be incorporated within the Zoning Code of the City of Boynton Beach and,
to further assure said compliance, it shall be made a condition of any annexation
agreement between the owners of the unincorporated properties and the City of
Boynton Beach that structures on said property shall not exceed the 35 foot height
limitation or, the six (6) unit per acre density requirement referenced herein.
Section 4. The term of this Agreement shall be from the Agreement's effective
date through ,2030.
Section 5. In the event of any litigation or administrative proceeding to settle
issues arising hereunder, the prevailing party shall be entitled to recover against the
2
other party its costs and expenses, including reasonable attorney's fees, which shall
include, but not be limited to, fees and costs for any appeal that may be taken.
Section 6. This Agreement represents the entire understanding and
agreement between the parties with respect to the subject matter hereof.
Section 7. The preparation of this Agreement is considered a joint effort of the
parties and, accordingly, this Agreement shall not be construed more severely against
one of the parties than the other.
Section 8. All of the terms and provisions of this Agreem3nt, whether so
expressed or not, shall be binding upon, inure to the benefit of, and be enforceable by
the parties and their respective legal representatives, successors and permitted
assigns.
Section 9. If any part of this Agreement is contrary to, prohibited by or deemed
invalid under applicable law or regulation, such provision shall be inapplicable and
deemed omitted to the extent so contrary, prohibited or invalid, but the remainder hereof
shall not be invalidated thereby and shall be given full force and effect so far as
possible.
Section 10. This Agreement and all transactions contemplated by this
Agreement. sha!! be governed by and construed and enforced in accordance with the
laws of the State of Florida. Venue of all proceedings in connection herewith shall be
exclusively in Palm Beach County, Florida and each party hereby waives whatever their
respective rights may have been in the selection of venue.
3
IN WITNESS WHEREOF, the parties have set their hands and seals the day and
year hereinafter written.
TOWN OF GULF STREAM
By~~T~~-
Attest:? A I! -gÆv
Dated: I () .-.~-ð 1
CITY OF BOYNTON BEACH
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By
,Its
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~~ q (0 . Attest:
~ an' ATTORNEY if polo f
~... Dated:
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N:\JCR\13147-01\lnterlocal Agreement Boynton Beach Annexation.doc
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EXHIBIT "A"
Vista Apartments
4450 N. Ocean Blvd.
PCN: 00 43 45 34 00 002 0180
Vista Villas Condominium
4448 N. Ocean Blvd.
PCN: 00 43 45 34 27 000 0000
Gulf Stream Villas Condominium
4440 N. Ocean Blvd.
PCN: 00 43 45 34 27 000 0000
Gulf Stream Villas South Condominium
4400 N. Ocean Blvd.
PCN: 00 43 45 34 23 000 0000
Sea Ridge Condominium
4300 N. Ocean Blvd.
PCN: 00 43 45 34 29 000 0000
Sea HorseBath & Tennis Club
4001 N. Ocean Blvd.
PCN: 00 43 45 34 37 000 0000
Polo Ridge
3960 N. Ocean Blvd.
PCN: 00 43 45 34 00 002 0280 & 0290
L'Hermitage Condominium
3900 N. Ocean Blvd.
PCN: 00 43 45 34 34 000 0000
Ballantrae Condominium
4333 N. Ocean Blvd.
PCN: 00 43 45 34 31 000 0000
Bellamar House Condominium
3951 N. Ocean Blvd.
PCN: 00 43' 45 34 30 000 0000
Gulfstream Manor Condominium
Phase 1
3901 N. Ocean Blvd.
PCN: 00 43 45 34 32 000 0000
St. Andrews Club (Tennis Courts)
n/a (Office-4475 N. Ocean Blvd.)
PCN: 0043 46 34 00 002 0390
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RESOLUTION NO. n 4- 1 ?
A RESOLUTION OF THE TOWN COMMISSION OF THE
TOWN OF GULF STREAM, PALM BEACH COUNTY,
FLORIDA, APPROVING AN INTERLOCAL AGREEMENT
BETWEEN THE TOWN OF GULF STREAM AND THE CITY
OF BOYNTON BEACH; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Town of Gulf Stream wishes to enter into an Interlocal Agreement
with the City of Boynton Beach relating to annexation; and
WHEREAS, a copy of said Interlocal Agreement is attached hereto and
incorporated herein
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COMMISSION OF THE
TOWN OF GULF STREAM, PALM BEACH COUNTY, FLORIDA AS FOLLOWS:
SECTION 1. The Town Commission does hereby approve the I nterlocal
Agreement between the Town of Gulf Stream and the City of Boynton Beach, which
Interlocal Agreement is attached hereto and made a part hereof, and hereby authorizes
execution of same.
SECTION 2. The effective date of this Resolution shall be immediately upon its
passage by the Town of Gulf Stream.
ð PASSED AND ADOPTED in a regular session assembled this r).1. day of
c:.TQ b~v- ,2004.
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N:\JCR\13147-01\Resolution Interlocal Agree w BB.doc
VI.-CONSENT AGENDA
ITEM C.l2
Unincorporated Areas Near Gulfstream
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D Unincorporated Areas
I:IBOYNTON BEACH BOUNDARY
D CITY OF DELRA Y BEACH
C_ TOWN OF BRINY BREEZES
TOWN OF GULF STREAM
'--I TOWN OF OCEAN RIDGE
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