R09-157
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RESOLUTION NO. R09-/57
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A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA, APPROVING
AND AUTHORIZING THE CITY MANAGER AND CITY
CLERK TO EXECUTE AN INTERLOCAL
AGREEMENT BETWEEN THE CITY OF BOYNTON
BEACH AND THE TOWN OF OCEAN RIDGE FOR
OVERFLOW BEACH PARKING AT OCEAN RIDGE
TOWN HALL; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, Section 163.01, Florida Statues. known as the "Florida lnterloeal
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Cooperation Act of 1969" authorizes local governments to make the most efficient use of
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their powers by enabling them' to cooperate with other localities on a basis of mutual
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advantage and thereby to provide services and facilities that will harmonize geographic,
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economic, population and other factors influencing the needs and development of local
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communities; and
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WHEREAS, in June, 2000 the City of Boynton Beach and the Town of Ocean
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Ridge executed a Dispute Resolution Agreement whereby two parcels of property owned
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by the City and adjacent to the Town's administrative offices were conveyed to the Town
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pursuant to a Contract for Sale and Purchase; and
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WHEREAS, a condition of the Town was to grant the City unrestricted right to
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access a portion of the parking spaces within the Town Hall parking lot for use as
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overflow parking when the parking lot at Oceanfront Park is full which became difficult
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for the Town when their new Town Hall was constructed; and
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WHEREAS, this lntcrlocal Agreement will efficiently provide access to the area
designated for overflow parking and establishes additional operational procedures for the
2 use of the overflow parking area; and
3 WHEREAS, the City Commission of the City of Boynton Beach upon
4 recommendation of staff, deems it to be in the best interest of the citizens and residents of
5 the City of Boynton Beach to authorize execution of the InterloeaI Agreement with the
6 Town of Ocean Ridge for overflow beach parking at Ocean Ridge Town Hall.
7 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION
8 OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
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Section I.
Each Whereas clause set forth above is hereby ratified as being true
10 and correct and incorporated herein by this reference.
II
Section 2.
The City Commission of the City of Boynton Beach, Florida hereby
12 approves and authorizes the City Manager and City Clerk to execute an Interlocal
13 Agreement between the City of Boynton Beach and the Town of Ocean Ridge providing
14 for cooperation between the parties concerning the use of the Boynton Beach Oceanfront
15 Park and the parking facilities at the Ocean Ridge Town Hall, said Agreement being
16 attached hereto as Exhibit "A".
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Section 3.
This Resolution shall become effective immediately upon passage.
{remainder of page intentionally left blank}
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PASSED AND ADOPTED this 40 day of October, 2009.
Commissioner - Ronald Weiland
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Commissioner - Jose ROdri~
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Commissioner - Marlene oss
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CITY OF BOYNTON BEACH, FLORIDA
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/lor -:Ie Tay 'k
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Vice Mayor- Woodrow L. Hay
KU1- \SI
INTERLOCAL AGREEMENT BETWEEN
CITY OF BOYNTON BEACH AND TOWN OF OCEAN RIDGE
FOR OVERFLOW BEACH PARKING AT OCEAN RIDGE TOWN HALL
THIS INTERLOCAL AGREEMENT is made and entered into as of this day of
,2009, by and between:
CITY OF BOYNTON BEACH, FLORIDA, a Florida municipal corporation with an address
of 100 E. Boynton Beach Boulevard, Boynton Beach, Florida 33435 (hereinafter "City");
AND
TOWN OF OCEAN RIDGE, FLORIDA, a Florida municipal corporation with an address of
6450 N. Ocean Ridge Boulevard, Ocean Ridge, Florida, 33435 (hereinafter "Town"). City and
Town may be collectively referred to as the "Parties".
WITNESSETH:
WHEREAS, the City owns and operates Boynton Beach Oceanfront Park, which includes an
area of land designated as a parking lot for visitors to the park and beachgoers (hereinafter "beach
parking lot"); and
WHEREAS, the Town owns the Ocean Ridge Town Hall located at 6450 North Ocean
Boulevard, Ocean Ridge, Florida, and its adjacent land which is used as a parking lot for the Town Hall;
and
WHEREAS, the City's beach parking lot is located geographically near the Town Hall parking;
and
WHEREAS, the parties acknowledge the City's recurring need to use the Town Hall parking lot
for overflow parking when the City's beach parking lot is full; and
WHEREAS, on or about June 6, 2000, the City and Town executed a Dispute Resolution
Agreement (hereinafter "Initial Agreement") whereby two parcels of property owned by the City and
adjacent to the Town's administrative offices (hereinafter "Town Hall") where conveyed to the Town
pursuant to a Contract for Sale and Purchase; and
WHEREAS, a condition of the Initial Agreement provides that the Town shall grant the City an
unrestricted right to access a portion of the parking spaces within the Town Hall parking lot for use as
overflow parking when the City's beach parking lot is full; and
WHEREAS, Chapter 163, Florida Statutes, authorizes local governments to enter into Interlocal
Agreements to make the most efficient 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 will
harmonize geographic, economic, population and other factors influencing the needs and development
of the local communities; and
WHEREAS, the parties desire to amend the Initial Agreement by executing this Interlocal
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.C —i 5 r l
INTERLOCAL AGREEMENT BETWEEN
CITY OF BOYNTON BEACH AND TOWN OF OCEAN RIDGE
FOR OVERFLOW BEACH PARKING AT OCEAN RIDGE TOWN HALL
THIS INTERLOCAL AGREEMENT is made and entered into as of this L A kh day of
.10 Lit a c, � , 2 ®by and between:
CITY OF BOYNTON BEACH, FLORIDA, a Florida municipal corporation with an address
of 100 E. Boynton Beach Boulevard, Boynton Beach, Florida 33435 (hereinafter "City ");
AND
TOWN OF OCEAN RIDGE, FLORIDA, a Florida municipal corporation with an address of
6450 N. Ocean Ridge Boulevard, Ocean Ridge, Florida, 33435 (hereinafter "Town "). City and
Town may be collectively referred to as the "Parties ".
WITNESSETH:
WHEREAS, the City owns and operates Boynton Beach Oceanfront Park, which includes an
area of land designated as a parking lot for visitors to the park and beachgoers (hereinafter "beach
parking lot "); and
WHEREAS, the Town owns the Ocean Ridge Town Hall located at 6450 North Ocean
Boulevard, Ocean Ridge, Florida, and its adjacent land which is used as a parking lot for the Town Hall;
and
WHEREAS, the City's beach parking lot is located geographically near the Town Hall parking;
and
WHEREAS, the parties acknowledge the City's recurring need to use the Town Hall parking lot
for overflow parking when the City's beach parking lot is full; and
WHEREAS, on or about June 6, 2000, the City and Town executed a Dispute Resolution
Agreement (hereinafter "Initial Agreement ") whereby two parcels of property owned by the City and
adjacent to the Town's administrative offices (hereinafter "Town Hall ") where conveyed to the Town
pursuant to a Contract for Sale and Purchase; and
WHEREAS, a condition of the Initial Agreement provides that the Town shall grant the City an
unrestricted right to access a portion of the parking spaces within the Town Hall parking lot for use as
overflow parking when the City's beach parking lot is full; and
WHEREAS, Chapter 163, Florida Statutes, authorizes local governments to enter into Interlocal
Agreements to make the most efficient 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 will
harmonize geographic, economic, population and other factors influencing the needs and development
of the local communities; and
WHEREAS, the parties desire to amend the Initial Agreement by executing this Interlocal
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Agreement in an effort to efficiently provide access to such overflow parking and to establish additional
operation procedures for the City's use of the Town Hall lot for overflow parking.
NOW, THEREFORE, in consideration of the mutual terms, conditions, promises and covenants
hereinafter set forth and for other good and valuable considerations, the receipt and legal sufficiency of
which are hereby acknowledged, the City and the Town hereby agree as follows:
ARTICLE 1 - Services
A. The Town agrees to provide the City with the right to access a portion of the Town's
parking spaces located at the Town Hall for use as overflow parking when the City's beach parking lot is
full. The parties agree that overflow parking will be allowed only in designated spaces at the west end
of the Town Hall lot as designated on the plan attached hereto as Exhibit "A." Overflow parking at the
Town Hall lot will be allowed when the City's beach parking is at an overflow status, as determined by
the City. Only those persons with current and valid beach decals may utilize the area governed by this
Agreement.
B. The Town agrees to make approximately twenty-two (22) parking spaces available to the
City for the City's overflow parking needs. The City acknowledges that the spaces located in the lot in
front of the Town Hall will not be used for overflow parking, unless specifically authorized by the Town
for a particular event.
C. The City agrees to provide, erect and remove temporary parking signs during the times
the overflow parking is being used at the Town Hall lot.
D. The City agrees to provide a Parking Attendant or other personnel at the Town Hall lot
during the times that overflow beach parking is needed and being used to ensure that only those spaces
designated as overflow parking are utilized.
E. The Town will designate a contact person within the Town's Police Department to act as
a liaison between the City and the Town for issues arising under this Agreement and to receive notice of
the City's intent to use the overflow parking as provided for herein. When the City determines that
access to the overflow parking created herein is necessary, the City's Parking Attendant or Beach
Supervisor will contact the Town's Police Department liaison to inform the Town that overflow parking
may be required at the Town Hall lot.
F. The use of overflow parking under this Agreement is generally limited to the normal
operating hours of the beach. However, by prior notice for special event, including but not limited to
concerts, at the Oceanfront Park, arrangements will be made between the parties at least seven (7) days
prior to the event to ensure access to the necessary overflow parking. These arrangements may be
handled as part of the City's Special Events Review Process. The Town agrees to provide such
overflow parking for the City's special events unless the Town has a previously scheduled event or
conflict at the Town Hall the same date and time as the City's special event.
ARTICLE 2 - Commencement Date and Term The Commencement Date of this Agreement shall
be the date shown herein below when the last party to this Agreement has executed same. This
Interlocal Agreement shall remain in full force and effect for the term of the Initial Agreement including
any renewal terms.
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ARTICLE 3 - Filinl! This Agreement shall be recorded in the Public Records of Palm Beach County,
Florida and shall constitute a covenant running with the land.
ARTICLE 4 - Indemnification Both parties are state agencies as defined in Chapter 768.28,
Florida Statutes. Each party shall be responsible for the acts and omissions of its agents or employees to
the extent permitted by law. Nothing herein is intended to serve as a waiver of sovereign immunity by
any party to which sovereign immunity may be applicable or as a waiver of limits of liability under
Section 768.28, Fla. Stat. Nothing herein shall be construed as consent by a state agency or political
subdivision of the State of Florida to be sued by third parties in any matter arising out of this Agreement
or any other contract.
ARTICLE 5 - Insurance In connection with its use of the Town Hall lot, the City agrees to obtain a
Certificate of Insurance naming the Town as an additional insured.
ARTICLE 6 - Notice Whenever any party desires to give notice unto any other party, it must be
given by written notice, sent by certified United Stated mail, with return receipt requested, by hand
delivery, or by facsimile transmission with receipt of delivery, addressed to the party for whom it is
intended and the remaining parties. Notice shall be deemed given upon receipt. The parties designate
the following as their respective places for giving of notice.
City: City Manager
City of Boynton Beach
100 East Boynton Beach Boulevard
Boynton Beach, FL 33435
Telephone No. (561) 742-6010
Facsimile No. (561) 742-6011
Copy to: James A. Cherof, City Attorney
Goren, Cherof, Doody & Ezro!, P.A.
3099 E. Commercial Blvd., Suite 200
Fort Lauderdale, FL 33308
Telephone No. (954) 771-4500
Facsimile No. (954) 771-4923
Town: Town Manager
Town of Ocean Ridge
6450 North Ocean Blvd.
Ocean Ridge, Florida 33435
Telephone No.
Copy to: Kenneth Spillias, Town Attorney
1700 Palm Beach Lakes Blvd., Suite 1000
West Palm Beach, Florida 33401
Telephone No. (561) 640-0820
Facsimile No. (561) 640-8202
ARTICLE 7 - Exhibits Each Exhibit referred to in this Agreement forms an essential part of this
Agreement, and is deemed a part hereof. The exhibits if not physically attached should be treated as part
of this Agreement and are incorporated herein by reference.
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ARTICLE 8 - Waiver Failure of the parties to insist upon strict performance of any covenant or
condition of this Agreement, or to execute any right herein contained, shall not be construed as a waiver
or relinquishment for the future of any such covenant, condition or right, but the same shall remain in
full force and effect.
ARTICLE 9 - Initial Al!reement The remainder of the Initial Agreement shall remain binding and
valid. In the event of any conflict or ambiguity by and between the terms and provisions of this
Interlocal Agreement and the Initial Agreement, the terms and provisions of this Interlocal Agreement
shall control to the extent of any such conflict or ambiguity.
ARTICLE 10 - No Third-Partv Beneficiarv This Agreement is made solely and specifically
among and for a the benefit of the parties hereto, and their respective successors and assigns subject to
the express provisions hereof relating to successors and assigns, and not other person shall have any
rights, interest, or claims hereunder or be entitled to any benefits under or on account of this Agreement
as a third-party beneficiary or otherwise.
ARTICLE 11 - Remedies Each party hereto recognizes and agrees that the violation of any terms,
provision, or condition ofthis Agreement may cause irreparable damage to the other Parties, which may
be difficult to ascertain, and that the award of any sum of damages may not be adequate relief to such
parties. Each party, therefore, agrees that, in addition to other remedies available in the event of a
breach of this Agreement, any other party shall have a right to equitable relief, including, but not limited
to, the remedy of specific performance.
THE REMAINDER OF THIS PAGE HAS BEEN INTENTIONALLY LEFT BLANK
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IN WITNESS WHEREOF, the parties hereto have executed this Interlocal Agreement on the dates
. hereinafter subscribed.
CITY OF BOYNTON BEACH
Attest:
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KURT BRESSNER
City Manager
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Approved as to legal form.
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TOWN OF OCEAN RIDGE
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' -~~~>'f/lv :_''ro.J.., By /~
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TOWn.Cletk.' ....:. - "./ ::.':-~ Town Manager
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-'i."I'" Date: I rr-.,t'
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The CitlJ ol BolJnton Beach
City Clerk's Office
100 E BOYNTON BEACH BLVD
BOYNTON BEACH FL 33435
(561) 742-6060
FAX: (561) 742-6090
e-mail: prainitoj@bbfl.us
www.boynton-beach.org
November 2, 2009
Mr. Kenneth N. Schenck Town Manager
Town of Ocean Ridge
6450 Ocean Boulevard
Ocean Ridge, Florida 33435
Re: Resolution # R09-157 Interlocal Agreement between the Town of Ocean Ridge and
the City of Boynton Beach for Overflow Beach Parking at Ocean Ridge Town Hall
Dear Mr. Schenck:
Attached for your handling i5 the original agreement and a copy of the Resolution mentioned above.
Once the agreement has been signed, please return the original to the City Clerk's Office for Central
Files.
If you have any questions, please do not hesitate to contact me.
Very truly yours,
CITY OF BOYNTON BEACH
Yn.P~
~ito, CMC
City Clerk
Attachments
(contract & resolution)
tis
S:\CC\ WP\AFTER COMMISS10N\Other Transmittal Letters Mter Commission\2009\R09-157 ILA Ocean Ridgee Overflow Beach
Parking. doc
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