R04-197
II I
RESOLUTION R04- Iq 1
A RESOLUTION OF THE CITY OF BOYNTON
BEACH, FLORIDA, APPROVING AND
AUTHORIZING THE EXECUTION OF A FIRST
ADDENDUM TO INTERLOCAL AGREEMENT
BETWEEN THE CITY OF BOYNTON BEACH
AND THE TOWN OF LANTANA FOR WATER
MAIN INTERCONNECTIONS; AND PROVIDING
AN EFFECTIVE DATE.
WHEREAS, the Town of Lantana and the City of Boynton Beach have entered into an
Interlocal Agreement dated September 2, 2003, for the purpose of designing and constructing
water main interconnections between the Town and the City; and
WHEREAS, the costs of actual construction exceeded the estimated project costs
provided for in the Interlocal Agreement by a total of $6,184.00 to be shared equally by both
parties ($3,092.00 each).
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as
being true and correct and are hereby made a specific part of this Resolution upon adoption.
Section 2. This Commission does hereby authorize execution of the First Addendum
to the Interlocal Agreement with the Town of Lantana dated September 2,2003, to provide for
the increase in total payments for this project by the City of Boynton Beach of $3,092.00, a
copy of which Agreement is attached hereto.
Section 3 That this Resolution shall become effective immediately upon passage.
I
Pro-rata Share set forth herein shall be as provided for in accordance with
Section 2. of the AGREEMENT.
SECTION 2: This First Addendum shall be attached to the current AGREEMENT
which was entered into by and between the TOWN and CITY on
September 2 , 2003 as extended by mutual agreement 0 f t he parties and
shall become a part thereof. All other Sections of the AGREEMENT shall
remain in full force and effect as set forth in the AGREEMENT and there
shall be no changes to the AGREEMENT with the exception of those
items specifically set forth in this First Addendum.
Further, the parties agree as follows:
A. This First Addendum may be modified only by the mutual and
written consent of both parties.
B. If any provision or any portion contained in this First Addendum
is held unconstitutional, invalid or unenforceable, the remainder
of this First Addendum, or portion thereof, shall be deemed
severable, shall not be affected and shall remain in full force and
effect.
C. This First Addendum shall be executed in triplicate by both
parties and filed for record by the TOWN with the Clerk of the
Circuit Court of Palm Beach County, Florida pursuant to Sec.
163.01(11), Florida Statutes.
CITY OF BOYNTON BEACH ~
v¿~
Kurt Bressner, City Manager 'Michael Bornstein, Town Manager
Attest: Attest:
(TOWN SEAL)
Approved as to form: Approved as to form:
~ (}j--rl- ll iikL L/ /7
-' ,
- "
~ James Cherof, Esq., City Attorney
F:\docs\Lantana\Agmt_Contract.Lease\FirstAdden-InterconnectAgt-04.doc
II
PASSED AND ADOPTED this ~ day of November, 2004.
CITY OF BOYNTON BEACH, FLORIDA
. .ayør-
---_.
Ice Mayor
Á.¿ ~.fL
Commissioner
~. -----"
)
/ onel;/" A. ~. /
\ '-... -:>
f. :¡¿. ~.J
Commissioner ,
ATTEST:
ents\lnterlocals\lnterlocal Agreement - Town of Lantana - First Addendum.doc
R04-I'tl
FIRST ADDENDUM TO INTERLOCAL AGREEMENT BETWEEN
CITY OF BOYNTON BEACH
AND
TOWN OF LANTANA
FOR
WATER MAIN INTERCONNECTION
THIS FIRST ADDENDUM to the above-referenced Agreement (the "First
Addendum") is made and entered into this ~ day of ~O\l'e.M b ~, , 2004 by and
between the City of Boynton Beach, a Florida municipal corporation with its principal
address at 100 East Boynton Beach Boulevard, Boynton Beach, Florida 33435,
hereinafter referred to as the "CITY", and the Town of Lantana, a Florida municipal
corporation with its principal address at 500 Greynolds Circle, Lantana, Florida 33462,
hereinafter referred to as the "TOWN" for Water Main Interconnection.
WHEREAS, the TOWN and CITY entered into an interiocal agreement dated
September 2, 2003 for the purpose of designing and constructing water main
interconnections (the "Project") between the Town and the City (the "AGREEMENT");
and
WHEREAS, the AGREEMENT set forth specific provisions in Section 2. Project
Costs. which require that an addendum to the AGREEMENT be negotiated and executed
by the parties should the costs of actual construction exceed the estimated Project costs
provided for in the AGREEMENT; and
WHEREAS, the CITY and the TOWN have agreed to revise the pro-rata share of
all costs to reflect a continuing and equal pro-rata share in excess of the Project's
estimated costs which have already been incurred in constructing the Project; and
NOW, THEREFORE, and in consideration of mutual terms, conditions, promises,
covenants and payments hereinafter set forth, the TOWN and CITY agree as follows:
SECTION 1: The total costs to be provided by the TOWN and the CITY under the
terms of the AGREEMENT for the actual costs of the Project have been
determined to be two hundred fifty-six thousand and one hundred eighty-
four dollars ($256,184.00). The terms of the AGREEMENT require that
any costs above the estimated Project Cost of two hundred fifty thousand
dollars ($250,000.00) shall be paid by the parties after negotiating an
acceptable pro-rata share. The TOWN and the CITY both agree to pay a
pro-rata share of the additional costs which have been incurred in excess
of the estimated Project Cost, which additional costs total six thousand and
one hundred eighty-four dollars ($6,184.00) (the "Increased Cost"). Each
party further agrees to pay an equal, pro-rata share of the Increased Cost,
which pro-rata share amount shall be three thousand ninety-two dollars
($3,092.00)(the "Increased Pro-rata Share"). Payments of the Increased
Pro-rata Share set forth herein shall be as provided for in accordance with
Section 2. of the AGREEMENT.
SECTION 2: This First Addendum §hall be attached to the current AGREEMENT
which was entered into by and between the TOWN and CITY on
September 2 , 2 003 as extended by mutual agreement 0 f the parties and
shall become a part thereof. All other Sections of the AGREEMENT shall
remain in full force and effect as set forth in the AGREEMENT and there
shall be no changes to the AGREEMENT with the exception of those
items specifically set forth in this First Addendum.
Further, the parties agree as follows:
A. This First Addendum may be modified only by the mutual and
written consent of both parties.
B. If any provision or any portion contained in this First Addendum
is held unconstitutional, invalid or unenforceable, the remainder
of this First Addendum, or portion thereof, shall be deemed
severable, shall not be affected and shall remain in full force and
effect.
C. This First Addendum shall be executed in triplicate by both
parties and filed for record by the TOWN with the Clerk of the
Circuit Court of Pahn Beach County, Florida pursuant to Sec.
163.01(11), Florida Statutes.
CITY OF BOYNTON BEACH ~-
~.g"
Mic ael Bornstein, Town Manager
Attest:
(TOWN SEAL) \ )
.~
Approved as to form: Approved as to form:
"s:b(b~ lIlü1ó'i L....0
-f-- James Cherof, Esq., City Attorney
F:\docs\Lantana\Agmt-Contract-Lease\FirstAdden-InterconnectAgt_04.doc