R94-81RESOLUTION NO. R94~/
A RESOLUTION OF THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA,
AUTHORIZING AND DIRECTING THE MAYOR AND
CITY CLERK TO EXECUTE AN INTERLOCAL
AGREEMENT BETWEEN THE CITY OF BOYNTON
BEACH AND PALM BEACH COUNTY, FOR
CONSTRUCTION OF MINOR ROAD; AND PROVIDING
AN EFFECTIVE DATE.
WHEREAS, Section 163.01, Florida Statutes, known as the
"Florida Interlocal Cooperation Act of 1969" authorizes local
governments 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 local
communities; and
WHEREAS, Part I of Chapter 163, Florida Statutes, permits
public agencies as defined therein to enter into interlocal
agreements with each other to jointly exercise any power,
privilege, or authority which such agencies share in common and
which each might exercise separately; and
WHEREAS, it is in the best interests of the citizens of
Boynton Beach to complete construction of Miner Road as soon as
possible since it is the most direct access from Boynton Beach
Fire Station #3 to certain development projects; and
WHEREAS, the City has collected $297,840 in impact fees
from developers in the vicinity and Fire Station %3 and is
willing to contribute that sum towards the design, planning and
construction of the missing link of Miner Road; and
WHEREAS, the County recognizes it is in the best interest
of the citizens of the county who reside in the area of Boynton
Beach Fire Station %3 to complete Miner Road, and therefore, is
willing to undertake construction of the missing link of Miner
Road with the City's participation.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA THAT:
Section 1. The City Commission of the City of Boynton
Beach, Florida, does hereby authorize and direct the Mayor and
City Clerk to execute an Interlocal Agreement between the City
of Boynton Beach and Palm Beach County for the construction of
Miner Road.
Section 3. This Resolution shall take
immediately upon passage.
PASSED AND ADOPTED this ~ day of~':., 1994.
effect
ATTEST:
Cit~ clerk
~ ~ ~Mayor
APR-2B-1994 ~9:.0~ P~£ ENGINEE~I~B ~B7 47B S??B P.iO/iB
D~velop~r~
Developer:
Project Name:
Legal Demcription:
Impact F=em Paid~
L~a! De~oription~
Knollwood Groves, Inc.
Knollwgo~_Grqves
$108,515.00
Gene B. Glick Company
Helear PUD
{79,124.00
TOTAL P, 18
This In=erlooal AgTeemem~ is made the ~a~ o~
, 19~4 , between ~e Cit~ of Bo~n~on Beach, a
mun~uipali~ locate~ in ~alm Beach, Florida (hereinafter "City")
aha malm Bea~ Co~ty, a ~litical mubdivision of ~e S=a~e of
Florida, (h~elnaft~r "Count~"), each one constitu=ing a Dublic
agency ag defined in ~ar= I o~ ChaDter 163, Florida S=atutes.
~ I TN · ~ 8 ~TH
~~, gectio~ 1~.01, Florida S~atutes, ~own a~ the
-~lori~a In~rlo~ai Cooperation Act of 1~6~" authorizes local
gov~ent~ to ~ ~he ~t e~ficient u~e of ~eir ~owers by
~nabling ~h~ to cooperate with other localitie~ on a ~i~ of
muuual adv~ge a~ ~e=e~y to provide ~ervice~ and facilitie~
that will ha~onize ge~rap~io, economic, population and other
fa~or~ influencing =he neeas a~ ~velo~n= of local communities;
and
~~ Part I of Chapter 163, Florida Sta=utes, pe~it~
p~lio agencies as defined therein to enter in%o interlocal
agre~ents with ea~ o~er =o jolntly ex~cise any power,
privil~, or au%horlty whloh such agenoie~ sha=~ in co~on and
which each might exercise separat~ly~ and
~~ i~ is in the bes~ in, erect of the citizens of Boynton
Beach =~. c~pl~te condec=ion o~ Miner Road as ~oon a~ possible
sino~ i~- is ~ most direct accc~ from Boynton Beach Fire Z=ation
A RESOLUTION OF THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA,
AUTHORIZING AND DIRECTING THE MAYOR AND
CITY CLERK TO EXECUTE AN INTERLOCAL
AGREEMENT BETWEEN THE CITY OF BOYNTON
BEACH AND PALM BEACH COUNTY, FOR
CONSTRUCTION OF MINOR ROAD; AND PROVIDING
AN EFFECTIVE DATE.
WHEREAS, Section 163.01, Florida :Statutes, known as the
Cooperation Act of 1969" authorizes local
the most efficient use of their powers by
with other localities on a basis of
thereby to provide services and facilitie
that will harmonize geographic,
factors influencing the needs loca
communities; and
WHEREAS, Part I of Chapter 163, Florida Statutes, permits
Il public agencies as defined therein to enter into interlocal
agreements with each other to jointly exercise any power,
privilege, or authority which such agencies share in common and
which each might exerciSe separately; and
WHEREAS, it is in the best interests of the citizens of
Boynton Beach to complete construction of Miner Road as soon as
possible since it is the most direct access from Boynton Beach
Fire Station #3 to certain development projects; and
WHEREAS, the City has collected $297,840 in impact fees
from developers in the vicinity and Fire Station #3 and is
willing to contribute that sum. towards t]he design, planning and
construction of the missing link of Miner Road; and
WHEREAS, the County recognizes it is in the best interest
of the citizens of the county who reside in the area of Boynton
Beach Fire Station %3 to complete Miner ]Road, and therefore, is
willing to undertake construction of the missing link of Miner__
Road with the City's participation.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION
THE CITY OF BOYNTON BEACH, FLORIDA THAT=
Section 1. The City Commission of the City of Boynton
Beach, Florida, does hereby authorize and.direct the Mayor and
City Clerk to execute an Interlocal Agreement between the City
of Boynton Beach and Palm Beach County for the construction of
Miner Road.
Section 3. This
immediately upon passage.
Resolution shall take effect
PASSED AND ADOPTED this
day of April, 1994.
CITY OF BOYNTON BEACH, FLORIDA
Mayor
vice Mayor
Mayor Pro Tem
Commissioner
Commissioner
ATTEST:
City Clerk
W~~# the City has collected $297,$40.00 in impa~-~ fees
£rom developers in ~he vicinity and Fire Station #~; and
WHR~t the City has requested the County ~o oo~lete
construction of the missing link of ~iner Road and is willing
contri~te the $297,840.00 tow~dm the design, planning and
~ons~ction of the mis~ing li~ of Miner Road; and
~Ba~, the Co~ty reo~nizes it is in the best interest of
the citizen~ of the cowry who resi=e in =he area of Boynton Beach
Fire Station ~3 to c~plete Miner Roa~, an~ therefore, is willin~
to undert~e =onst~ction of the missing link of Miner Road with
the City's pa~icipa~ion.
~~E~K~, in consideration o= =~e mu=ual represen=a=lons,
terms, an= covenan=s ~ere!nafter ~et fo~ t~e rece~p: an~
sufficiency o~ ~l~ ~s ~ereDy acKnowle~gee, t~e part~es ~ereDy
a~ee as follows:
s~t~on x~
T~e p~po~e O~ ~l~ Agr~emen~ ls ~o provide flor ~e alloca~Lon
of responsibiliti~ ~tween ~e City and the county for
planning, ~esi~a~cons~ction of the m~ssing l~nk of Miner Road
between La~ence Road an~ Con~ess Avenue as depicted in general on
the sketch attached here=o as ~hibit "A", hereinafter referred to
as ~e "Proje~".
T~ County's representative/contra~ monitor during the te~
of ~is A~eem~t shall be Charles Walker, Director, Traffic
Division whose telephone n~r is (407) 684-4030.
The City'~ repre~entative/contra~t monitor during the term of this
Agreeme~ ~hall be Carrie A. _~arker, City,.,.Nana, get ,
whose telephone nu~er is ~407) . 37~'~0~0 ·
Thi~ Aqreement ~ha11 take e£~eo~ upon execution by both
~.1 City hereby agrees ~s fo!lows~
~. City shall hire a consulting engineer, at City's ~ole
Co,=nty s~oi£ioation~ and sh~ll d~liver s~id plmns to County in
~bid ready" format including all necessary permits. City's
of engineer and the fee to be paid to such engineer shall be
mubject to County's prior writt=n approvs1, which ~.pproval shall
not be unreasonably denied or delayed. The County shall have
right to r~view and approve the plan~.
b. City shall pay for the "bid ready" plans from the
of t~e plans or October 1, 1994, whichever is later.
4.2 County hereby agrees as follows=
a. county shall s¢~e~ulet~e Project in its flscal. 94/g5
road cons%ruction program and Will com~e~¢e construction of =he
Fro]e¢= as soon al=er dc=oDer 1, 1994 as is practicable provided
cl~y ha~' dellvered the plans and the balance of the impact fees to
~e county.
b. County shall provide~the funning require8 above the
imDact fees remitted by the City n~ce~ar~to complete ~he
It is estimated that the total cost of Project will be
aDDroximately $450,000.00.
c. UDon completion of the ~roje=t, County ~hall accept
Miner Road as a Count~ maintained road.
d. County ~hall provide traffic impact fee credit~ to
the develop~r~ who contributed to the $297,8&0.00 collected by the
City in accordance with Exhibit 'B" attached hereto and made a part
hereof.
City ~hall maintain adequatm records to justify all charge~,
expen=~=, and co~t= incurred in performing the plan preparation for
at lea~t three (3) year= after completion of the Project. The
County ~ha11 have aoce~ to all book~, records and documents a=
required in thi~ ~ection for the purpose of inspection or audit
during normal business hours.
The partiee hereto expressly covenant and egree that in the
even~ either p~r~ i$ in de£aul~ of its obligations herein, the
paz~cy not in default shall pro~ide to the party in default thirty
(30) days writtennotice to cure said default before exercising any
of its rights =s provided for in this Agreement.
Oe~on 70 Nnforu~ent Cost~
An~,costs or expenses (including reasonabl~ attorney's fees)
associated with =he enforcement of the terms and/or conditions of
thisAc/ree~ent shall b~ borne by =h~ r~sp~ctlve parties, provide~,
however, that this clause pertains only to the parties to this
Agreement.
Ali notz._es r~quira~ to be given un~er =his;~greement s~all De
dmemed sufficient to mach party when delivered by United States
Charles R. walker, Jr., P.E.,
Director, Tra£Z~c ~lvls!cn
160 Australian Ave.
w. Pal~ Beach, F1 3340~
w£=h a copy ~0:
County Attorney
301 N. Olive Ave. Suite
W. Pall~ Beach, FI. 33%01
Carrie Parker
C~ty Manager
City cZ Boynton Beac~
10o E. Boynton ~eacn Blvo.
Boynton Beach, Fi 33435
with a copy ~o:
Section 9. Delegation ofDut~
Nothing contained herein shall be deemed to authorize the
delegation of the constitutional or statutory duties of state,
county, or city officers.
A copy of this Agreement shall be filed in the records of the
Palm Beach County Board of County Commissioners.
and employees shall not be ~eemed to assume any liability for the
acts, omissions, an~ negligence of the other party. Further,
nothing herein shall be con~=rued as a waiver ofsovereign immunity
by either party, pursuant to seutlun 7~8.~, Florida Statutes.
E~ch par~y, to =he ~xt~nt permitted by law, agrees to protecu,
defend, r~£mburs~, indemnify and hold the o~her party, its agents,
employees mn~ elected officer~, and each of them free and ~armless
at ~11 tlme~ from and against any and all suits, a~lo~s, legal or
a~nistrative proceedings, claims, de~ds, damages,
nature whe=~er arising in any manner dire~ly or ind~rectly caused,
o=casione~ or oon~ributed to in whole or l~ par=, Dy reaso~ o~ any
act, ~ission or ~ault w~e=~er
~ndemnl~ying party, of anyone acting under its Oirection or
control, or on its be~a!f in connection
per=o~nce of t~s Agreement. In no event shall t~is
lnd~nlfication apply to liability caus~ Ay the ~egl~gence or
willful misconduct of ~e benefitted party, its respective ag~ts,
servants, employees or officers, nor shall =he liability limits set
fo~h i~ 768.28, Florida Statutes, ~ waived.
s~tion ~3. ~n~e~
~is Aqreement maM ~e amended
~ea~!ou 14.
This Agreement shall bo oon~trued by an~ governed by the laws
o~ ~he S~=te of Florida. Any and all legal a=tion necessa~ ~o
~nforce T.he Agreement will be h~d in Pal~ ~each County. No remedy
herein co, farted upon any ~art¥ i~ intended~obe exclusive of any
uther remedy, and ea=h and every su~=h remedy shall De c~ulatlve
an~ shall be in addition to evert' other remedy given ~ereunder or
now or hereafter ~xis~in$ at !aw 'or in equlEy or Dy statute or
otherwim~. No ~ingle or partial exercise Dy any 9arty of any
right, power, or remedy hereunder s~ali preclude any ot~her or
further exercise thereof.
~eo~n 1~. T~e o£ ~e
T~e par=les expressly agree t~a~ =~me lB o= =~e essence in
this Agreement and =~e :al!ute Dy a party' to complete performance
wic~in the time speciE~e~, or within a reasonable time if no time
l~ spec!fle~ here~n, s~ai1, a: ~A%e op=lon of =~e o=her par=y
w~c/~ou= llablli=y, in addition =o-any otAer rights or remeO~es,
re!lave =~e o~er party of any obligation to accept sucA
performance.
The County and the City agree that no person shall, on the
grc~3nds of race, color, sex, national origin, disability, religion,
ancestry, marital status, or sexual orientation be excluded from
the benefits of, or be subjected to any form of discrimination
under any activity carried out by the performance of this
Agreement.
~ect~on 17. C&m~o_ns
Tae oaptlons and section designations herein set forth are for
convenience only and shall have no substantive meaning.
In the event that any section, paragraph, sentence, clause, or
provision hereof beheld by a court of competent jurisdiction to be
invalid, such shall net affect the remaining portions of this
Agreement and the same shall remain in full force and effect.
sea~ton 19, ~ntire~ of ~=reement
This Agreement represents the entire understanding between the
parties, and supersedes all-other negotiations, representations, or
agreement, either written or oral, relatin~ to this!Agreement.
ATTEST:
Dorothy H. Wilken
Deputy Clerk
PALM BEACH COUNTY, FLORIDA, BY ITS
BOARD OF COUNTY COMMISSIONERS
By:
Chair
APPROVED AS TO FORM AND
L~I2AL SUFFICIENCY
County
ATTEST:
CITY OF BOYNTON BEACH, FLORIDA
A~ROVED A~ TO [~ORM AND
LEGAL ~%Tl~I CT ~
BY:
City Attorney
;I
Deecr£p~£on ~
Paid;
Developer~
Name:
Deecription;
Impaot Fees Paid:
EXHIBIT
Knollwood Groves, Inc.
Knollwood Groves
$108,515.00
Gene B. Glick Company
Melear PUD
$79,124;00
9
TOTAL P, 10
R95 0021D
INTERLOCAL AGREEMENT
This Interlocal Agreement is made the day of JAN 1 0 1995 ,
199 , between the City of Boynton Beach, a municipality located in Palm Beach,
Florida (hereinafter "City ") and Palm Beach County, a political subdivision of
the State of Florida, (hereinafter "County "), each one constituting a public
agency as defined in Part I of Chapter 163, Florida Statutes.
WITNESSETH
WHEREAS, Section 163.01, Florida Statutes, known as the "Florida Interlocal
Cooperation Act of 1969" authorizes local governments 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 local communities; and
WHEREAS, Part I of Chapter 163, Florida Statutes, permits public agencies
as defined therein to enter into i nterl ocal agreements with each other to jointly
exercise any power, privilege, or authority which such agencies share in common
and which each might exercise separately; and
WHEREAS, it is in the best interest of the citizens of Boynton Beach to
complete construction of Miner Road as soon as possible since it is the most
direct access from Boynton Beach Fire Station #3 to certain development projects;
and
WHEREAS, the City has collected $297,840.00 from developers in the vicinity
of Fire Station #3; and
WHEREAS, the City has requested the County to complete construction of the
missing link of Miner Road and is willing to contribute the $297,840.00 towards
the design, planning and construction of the missing link of Miner Road; and
WHEREAS, the County recognizes it is in the best interest of the citizens
of the County who reside in the area of Boynton Beach Fire Station #3 to complete
Miner Road, and therefore, is willing to undertake construction of the missing
link of Miner Road with the City's participation.
NOW THEREFORE, in consideration of the mutual representations, terms, and
covenants hereinafter set forth the receipt and sufficiency of which is hereby
acknowledged, the parties hereby agree as follows:
Section 1. Purpose
The purpose of this Agreement is to provide for the allocation of
responsibilities between the City and the County for the planning, design and
construction of the missing link of Miner Road between Lawrence Road and Congress
Avenue as depicted in general on the sketch attached hereto as Exhibit "A ",
hereinafter referred to as the "Project ".
Section 2. Representative /Monitoring Position
The County's representative /contract monitor during the term of this
Agreement shall be Charles Walker, Director, Traffic Division whose telephone
number is (407) 684 -4030.
The City's representative /contract monitor during the term of this Agreement
shall be Carrie A. Parker, City Manager, whose telephone number is (407) 375-
6010.
Section 3. Effective Date/Term
This Agreement shall take effect upon execution by both parties.
Section 4. Responsibilities and Duties
4.1 City hereby agrees as follows:
a. City shall hire a consulting engineer, at City's sole cost and
expense, to complete construction plans for the Project to County specifications
and shall deliver said plans to County in "bid ready" format including all
necessary permits. City's choice of engineer and the fee to be paid to such
engineer shall be subject to County's prior written approval, which approval
shall not be unreasonably denied or delayed. The County shall have the right to
review and approve the plans.
b. City shall pay for the "bid ready" plans from the $297,840.00 the
City has already collected. City shall remit the balance of these funds to the
County upon completion of the plans or October 1, 1994, whichever is later.
4.2 County hereby agrees as follows:
a. County shall schedule the Project in its fiscal 94/95 road
construction program and will commence construction of the Project as soon after
October 1, 1994 as is practicable provided City has delivered the plans and the
balance of the impact fees to the County.
2
b. County shall provide the funding required above the impact fees
remitted by the City necessary to complete the Project. It is estimated that the
total cost of Project will be approximately $500,000.00.
c. Upon completion of the Project, County shall accept Miner Road
as a County maintained road.
d. County shall provide traffic impact fee credits to the developers
who contributed to the $297,840.00 collected by the City in accordance with
Exhibit "B" attached hereto and made a part hereof.
Section 5. Access and Audits
City shall maintain adequate records to justify all charges, expenses, and
costs incurred in performing the plan preparation for at least three (3) years
after completion of the Project. The County shall have access to all books,
records and documents as required in this section for the purpose of inspection
or audit during normal business hours.
Section 6. Breach /Opportunity to Cure
The parties hereto expressly covenant and agree that in the event either
party is in default of its obligations herein, the party not in default shall
provide to the party in default thirty (30) days written notice to cure said
default before exercising any of its rights as provided for in this Agreement.
Section 7. Enforcement Costs
Any costs or expenses (including reasonable attorney's fees) associated
with the enforcement of the terms and /or conditions of this Agreement shall be
borne by the respective parties, provided, however, that this clause pertains
only to the parties to this Agreement.
Section 8. Notice
All notices required to be given under this Agreement shall be deemed
sufficient to each party when delivered by United States Mail to the following:
County:
Charles R. Walker, Jr., P.E.,
Director, Traffic Division
160 Australian Ave.
W. Palm Beach, F1 33406
with a copy to:
County Attorney
301 N. Olive Ave. Suite 600
W. Palm Beach, Fl. 33401
3
City:
Carrie A. Parker,
City Manager
City of Boynton Beach
100 E. Boynton Beach Blvd.
Boynton Beach, F1 33435
with a copy to:
Section 9. Delegation of Duty
Nothing contained herein shall be deemed to authorize the delegation of the
constitutional or statutory duties of state, county, or city officers.
Section 10. Filing
A copy of this Agreement shall be filed in the records of the Palm Beach
County Board of County Commissioners.
Section 11. Liability
The parties to this Agreement and their respective officers and employees
shall not be deemed to assume any liability for the acts, omissions, and
negligence of the other party. Further, nothing herein shall be construed as a
waiver of sovereign immunity by either party, pursuant to Section 768.28, Florida
Statutes.
Section 12. Indemnification
Each party, to the extent permitted by law, agrees to protect, defend,
reimburse, indemnify and hold the other party, its agents, employees and elected
officers, and each of them free and harmless at all times from and against any
and all suits, actions, legal or administrative proceedings, claims, demands,
damages, liabilities, interest, attorney's fees, costs and expenses of whatsoever
kind or nature whether arising in any manner directly or indirectly caused,
occasioned or contributed to in whole or in part, by reason of any act, omission
or fault whether active or passive of the indemnifying party, of anyone acting
under its direction or control, or on its behalf in connection with or incident
to the performance of this Agreement. In no event shall this indemnification
apply to liability caused by the negligence or willful misconduct of the
benefitted party, its respective agents, servants, employees or officers, nor
shall the liability limits set forth in 768.28, Florida Statutes, be waived.
Section 13. Amendments
This Agreement may be amended in writing executed by both parties.
4
Section 14. Remedies
This Agreement shall be construed by and governed by the laws of the State
of Florida. Any and all legal action necessary to enforce the Agreement will be
held in Palm Beach County. No remedy herein conferred upon any party is intended
to be exclusive of any other remedy, and each and every such remedy shall be
cumulative and shall be in addition to every other remedy given hereunder or now
or hereafter existing at law or in equity or by statute or otherwise. No single
or partial exercise by any party of any right, power, or remedy hereunder shall
preclude any other or further exercise thereof.
Section 15. Time of the Essence
The parties expressly agree that time is of the essence in this Agreement
and the failure by a party to complete performance within the time specified, or
within a reasonable time if no time is specified herein, shall, at the option of
the other party without liability, in addition to any other rights or remedies,
relieve the other party of any obligation to accept such performance.
Section 16. Equal Opportunity Provision
The County and the City agree that no person shall, on the grounds of race,
color, sex, national origin, disability, religion, ancestry, marital status, or
sexual orientation be excluded from the benefits of, or be subjected to any form
of discrimination under any activity carried out by the performance of this
Agreement.
Section 17. Captions
The captions and section designations herein set forth are for convenience
only and shall have no substantive meaning.
Section 18. Severability
In the event that any section, paragraph, sentence, clause, or provision
hereof be held by a court of competent jurisdiction to be invalid, such shall not
affect the remaining portions of this Agreement and the same shall remain in full
force and effect.
5
Section 19. Entirety of Agreement
This Agreement represents the entire understanding between the parties, and
supersedes all other negotiations, representations, or agreement, either written
or oral, relating to this Agreement.
ATTEST: CITY OF BOYNTON BEACH, FLORIDA
BY4! ��i - - BY (h'"
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
By: Ar ' 4 7 ,0:11! " / "7
City Attorney
ATTEST: 1 � ,,, PALM BEACH COUNTY, FLORIDA, BY ITS
`Ot11tl +, BO''! OF COUNTY COMMISSIONERS
Dorothy H. Wilken 'Pc
Deputy Cl erl ,' 4 :r• ` ' / — hair
APPROVED AS TO
LEGAL SUFFICIEN Y
R95 0 021D
-au \A ` orney JAN 1 0 1995
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EXHIBIT A
t
EXHIBIT "B"
1. Knollwood Groves Inc.
Knollwood Groves
Impact Fees Credit - $108,515
2. Gene B. Glick Company, Inc.
Melear PUD
Impact Fees Credit - $79,124.00