R12-0181 RESOLUTION R12-
2
3: RESOLUTION OF THE CITY OF BOYNTON BEACH,
4 FLORIDA, APPROVING AND AUTHORIZING EXECUTION BY
5 THE MAYOR OF A FIRST AMENDMENT TO INTERLOCAL
6 AGREEMENT BETWEEN THE SCHOOL BOARD OF PALM
7 BEACH COUNTY, FLORIDA, THE CITY OF BOYNTON
8, BEACH AND PALM BEACH COUNTY FOR THE
9 DEVELOPMENT AND USE OF GALAXY ELEMENTARY
10 REPLACEMENT SCHOOL; AND PROVIDING AN EFFECTIVE
11 DATE.
12'
13 WHEREAS, in February, 2010, the City Commission of the City of Boynton Beach
14 the School Board of Palm Beach County and the County of Palm Beach entered into a Tri-
15 Party Interlocal Agreement that provided for the construction of a new Galaxy Elementary
16 School and relocation of the City's Galaxy Park; and
17 AS, as design development for each of these components proceeded, it
18 became apparent that both parties desired the inclusion of reclaimed water that could be used
19 to irrigate both school and park lands and a source of reclaimed water is now reasonably close
20 to the school /park project; and
21 WHEREAS, the City and School Board staff has evaluated the potential to share in
22 the cost of constructing a reclaimed water line along Northwest 4 Avenue from Seacrest
23 Boulevard to the referenced project; and
24 WHEREAS, the School Board has agreed to fund 50% of the work up to
25 $100,000.00; and
26 WHEREAS, the City Commission of the City of Boynton Beach upon
27 recommendation of staff, deems it to be in the best interest of the citizens of the City of
28 j Boynton Beach to approve and authorize execution by the Mayor and City Clerk of a First
29 Amendment to Interlocal Agreement between the School Board of Palm Beach County,
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1 Florida, the City of Boynton Beach and Palm Beach County for the development and use of
2 Galaxy Elementary Replacement School for cost sharing of a reclaimed water line.
3 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
4 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
5 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as
6 being true and correct and are hereby made a specific part of this Resolution upon adoption
7 hereof.
8 Section 2. The City Commission of the City of Boynton Beach does hereby
9 approve and authorize the Mayor and City Clerk to execute a First Amendment to Interlocal
10 Agreement between the School Board of Palm Beach County, Florida, the City of Boynton
11 Beach and Palm Beach County for the development and use of Galaxy Elementary
12 Replacement School for cost sharing of a reclaimed water line, a copy of which First
13 Amendment is attached hereto and made a part here.
14 Section 3. That this Resolution shall become effective immediately upon passage.
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PASSED AND ADOPTED this I day of February, 2012.
CITY OF BOYNTON BEACH, FLORIDA
Vice Ma - or —1 illiam Orl ve
M A o r oodrow L. H
e e
Co teven Hol`
ommissioner — Marlene Ross
ATTEST:
", PA-Q
(Pi; t M Prnito, MMC
Clerk
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Plied with the Palm Beach
County Clerk's Moe
SEP 12 2012 R is -oh8
i
By 14
LA
FIRST AMENDMENT TO INTERLOCAL AGREEMENT
BETWEEN THE SCHOOL BOARD OF PALM BEACH COUNTY, FLORIDA,
THE CITY OF BOYNTON BEACH AND PALM BEACH COUNTY FOR THE
DEVELOPMENT AND USE OF GALAXY ELEMENTARY REPLACEMENT SCHOOL
R2 012 ,11
THIS FIRST AMENDMENT TO INTERLOCAL AGREEMENT ( "First
Amendment "), is entered into this day of Ann 1 A 9012, 2012 by and
between the School Board of Palm Beach County, Florida rein ft r referred to as the
"School Board "), the City of Boynton Beach (hereinafter referred to as "City ") and Palm
Beach County (hereinafter referred to as "County ").
WITNESSETH:
WHEREAS, the School Board, the City and the County entered into that certain
Interlocal Agreement for the Development and Use of The Galaxy Elementary
Replacement School ( "Original Agreement ") with an effective date of March 2, 2010;
and
WHEREAS, the School Board, City and County desire to amend the Original
Agreement to address the construction of a reclaimed water line serving the
Replacement School and the maintenance and repair of the surface water management
system serving the Replacement School and Replacement Park.
NOW THEREFORE for good and valuable consideration, the adequacy and
receipt of which are hereby acknowledged, the School Board, City and County hereby
amend the Agreement as follows:
1. The foregoing recitals are true and correct and are hereby incorporated
herein by reference. All defined terms in this First Amendment shall have the same
definitions as defined in the Original Agreement.
2. A new Section 21 is added to the Original Agreement which reads as
follows:
SECTION 21: Installation of Reclaimed Water Line
(a) The City agrees to assume all responsibility for the design, permitting,
contract preparation, bidding, construction, installation, contract administration of the
reclaimed water line beginning at the intersection of NW 4 Avenue and North Seacrest
Boulevard, continuing west along NW 4 Avenue, and terminating at the Replacement
1
School (the "Reclaimed Water Line ") The City shall use its best efforts to complete the
construction of the Reclaimed Water Line by not later than August 1, 2012
(b) The School Board agrees to reimburse the City for 50% of the actual cost
of designing, permitting and constructing the Reclaimed Water Line, however in no
event to exceed $100,000. The City shall provide the School Board an invoice detailing
the costs incurred for work done along with such reasonable back -up as requested by
the School Board. The School Board shall make payment to the City within thirty (30)
days following receipt of the all requested documents supporting the reimbursement
request.
(c) The City, at its sole expense, shall perpetually maintain and repair the
Reclaimed Water Line up to the Replacement School's connection point.
3 A new Section 22 is added to the Original Agreement which reads as
follows:
SECTION 22: Maintenance and Repair to Surface Water Management System
(a) The School Board and the City shall each be responsible for repairing and
maintaining the surface water management system (the "Surface Water Management
System ") required under South Florida Water Management District Permit #50- 09794 -P
(the "Permit ") lying within their respective properties.
(b) To the extent that one party performs repairs or maintenance on both
properties, the costs incurred shall be pro -rated between the School Board and the City
Division on the basis of the respective land area contributing to the Surface Water
Management System. The City's Replacement Park Property contains approximately
4.34 acres (i.e., 22 %). The School Board's Replacement School Property contains
approximately 15.56 acres (i.e., 78 %).
(c) In the event that either party fails to properly perform the repairs and
maintenance work required to comply with the Permit after thirty (30) days notice, then
the other party shall be authorized to enter onto the property of the non - performing party
and undertake the repairs or maintenance and charge the non - performing party for the
labor and material costs incurred.
(d) In the event that the performing party incurs costs on behalf of the non-
performing party, the performing party shall provide an invoice detailing the costs incurred
for the work done along with such reasonable back -up as requested by the non-
performing party. The non - performing party shall reimburse the performing party within
(30) days following receipt of the all requested documents supporting the
reimbursement request.
2
4. The Original Agreement, as herein modified and amended, shall continue
in full force and effect.
IN WITNESS WHEREOF, the parties have hereunto set their hands and affixed their
seals as of the date and year first above written.
CITY OF BOYNTON BEACH, FLORIDA,
a Florida municipal corporation
�� a
BY: --
ta \ v ITS. r , Mayor
Attest. n -
REVIEW' e A ' ID APPROVED AS TO BY: , f Y) r
LEGAL ' •
ITS: , City Clerk
City Attorney's Offi -
City Commission Approval Date: oZ — -
Date. Z7 /1-1012--
THE SCHOOL BOARD OF PALM
BEACH COUNTY, FLORIDA
REVIEWS? A ND APPROVED AS TO --
1 6 4a-a6 1 /6 �� '/1�G� Y/2 Z BY 4,
Shoo Boaj Attorney Frank A. - rbieri, Jr., s•• - rman iii
Date: BY 4 /11M / �
� il
Superinten t ‘
Board App • al Date: 4 -! f - !a
3
R2012 1100
COUNTY: AUG 1 4 2012
ATTEST ;;`, ;; ; PALM BEACH COUNTY, a political
SHARON R. BOCK �= �� •
�. subdivision of the State of Florida
CLERK & COMPT- � Oita: /c ,
�/(eL1 By: � :.I ;�y
By:
Deputy Irk Shelley Va a, Chair
b, t9 ...
APPROVED AS TO FORM AND APPROVED AS TO TERMS AND
LEGAL SUFFICIENCY CONDITIONS
By � I /� By e '
y J
ou A •rney - .- Audrey Wolf, Director
Facilities Development & Operations
4
The City o Bo 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
February 28, 2012
Michael C. Owens
Planning & Real Estate Services
3300 Forest Hill Boulevard - Suite C -110
West Palm Beach, FL. 33406
Re: Resolution R12 -018 First Amendment to Interlocal Agreement between the
School Board of Palm Beach County and the City of Boynton Beach for the
Development and Use of Galaxy Elementary Replacement School
Dear Mr. Owens:
Attached for your handling are two partially executed amendments and a copy of the Resolution
mentioned above. Once the amendments have been signed, please return one original to the
City Clerk's Office for Central File.
CC: Jeffery Livergood
Director Public Works and Engineering
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S:\CC\WP\AFrER COMMISSION\Other Transmittal Letters After Commission\2012\R12 -018 First Amendment to ILA GAlaxy
Elementary Replacment School.doc
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