R20-035 1 RESOLUTION NO. R20-035
2 A RESOLUTION OF THE CITY OF BOYNTON BEACH,
3 I FLORIDA,APPROVING AND AUTHORIZING THE MAYOR TO
4 SIGN AN INTERLOCAL AGREEMENT BETWEEN THE CITY
5 I OF BOYNTON BEACH AND THE QUANTUM PARK OVERLAY
6 DEVELOPMENT DISTRICT (QPODD) FOR ENHANCED
7 MAINTENANCE SERVICES; AND PROVIDING AN EFFECTIVE
8 j DATE.
9 WHEREAS,The QPODD Board has transferred all assets to the City of Boynton Beach
10 for maintenance services; and
11 WHEREAS, The District has requested enhanced maintenance levels that will be
12 funded through the Districts assessment program; and
13 WHEREAS,the Interlocal Agreement will allow the City or the District to perform this
14 maintenance and clarifies duties of the City and the District; and
15 WHEREAS, the City Commission of the City of Boynton Beach, Florida, upon the
16 recommendation of staff,deems it to be in the best interests of the City residents to approve and
17 authorize the Mayor to sign an Interlocal Agreement with the Quantum Park Overlay
18 Dependent District for enhanced maintenance services.
19 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
20 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
21 Section 1. Each Whereas clause set forth above is true and correct and incorporated
22 herein by this reference.
23 Section 2. The City Commission of the City of Boynton Beach,Florida does hereby
24 approve and authorize the Mayor to sign the Interlocal Agreement between the City of Boynton
S:\CA\RESO\Agreements\ILA With QPODD For Enhanced Maintenance-Reso.Docx
25 Beach and the Quantum Park Overlay Dependent District for enhanced maintenance services.
26 A copy of the Interlocal Agreement is attached hereto as Exhibit"A".
27 Section 3. That this Resolution shall become effective immediately upon passage.
28 PASSED AND ADOPTED this day of May, 2020.
29 CITY OF BOYNTON BEACH, FLORIDA
30
31 YES NO
32
33 Mayor—Steven B. Grant
34
35 Vice Mayor—Ty Penserga t/
36
37 Commissioner—Justin Katz ✓
38
39 Commissioner—Woodrow L. Hay
40
41 Commissioner—Christina L. Romelus
42
43 VOTE SHO
44 ATTEST:
45
46
47 i
48 C stal Gibson, MMC
49 City Clerk
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51
52 (Corporate Seal)
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Td — cD 5
INTERLOCAL AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH
AND QUANTUM PARK OVERLAY DEPENDENT DISTRICT
THIS AGREEMENT is made by and between the City of Boynton Beach, P.O. Box 310,
Boynton Beach, Florida, (hereinafter referred to as "CITY") and Quantum Park Overlay
Dependent District, 2501A Burns Road, Palm Beach Gardens, Florida 33410 (hereinafter referred
to as "DISTRICT").
WITNESSETH:
WHEREAS, the assessments collected by the DISTRICT have always been utilized in
part to cover the cost of maintaining the real property owned by the DISTRICT; and
WHEREAS, in December of 2019, the DISTRICT transferred all real property which it
owned, within the jurisdictional limits of the Quantum Park Overlay Dependent District
(Property), to the CITY; and
WHEREAS, although the CITY is the record owner of Property, the DISTRICT has a
heightened maintenance expectation for said Property which exceeds the standard that is currently
applied to public rights of way within the CITY; and
WHEREAS, the CITY and the DISTRICT each constitute a "public agency" within the
meaning of the Florida Interlocal Cooperation Act of 1969, Florida Statutes, Section 163.01, and
are each authorized to enter into Interlocal agreements; and
WHEREAS, in accordance with Florida Statutes, Section 163.01, the CITY and the
DISTRICT desire to enter into this Agreement in order cooperate with one another and effectively
carry out the purpose and intent of the parties as set forth hereafter.
NOW THEREFORE, in consideration of the mutual covenants contained herein, the
parties agree as follows:
1. RECITALS
The foregoing recitals are true, correct, and are incorporated herein.
2. PURPOSE AND INTENT
It is the intent of the parties that the Property be maintained at a heightened standard of
maintenance and that the assessments collected by the DISTRICT will continue to be utilized, in
part, to cover the cost associated with maintaining the Property to such heightened standard.
3. PROPERTY MAINTENANCE
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It is the expectation of the DISTRICT that the Property be maintained to a heightened
IIstandard which is equal to or greater than the standard in which the Property was maintained prior
to the transfer of ownership to the CITY. The CITY shall maintain various contracts or utilize
City staff in order to ensure that the Property is maintained accordingly at all times.
4. FUNDING
The CITY has various contracts related to the provision of heightened maintenance for the
Property. Upon receipt of the monthly maintenance invoices from the CITY related to such
maintenance, the DISTRICT shall utilize a portion of its assessments to remit payment directly
to each such contractor to cover the cost of the heightened maintenance on the Property.
5. TERM
This Agreement shall be effective after execution by both parties, and shall expire on
September 30, 2020. This Agreement shall not automatically renew but may be extended as
deemed to be in the best interest of the parties.
6. INDEMNIFICATION
A. As to any legal action brought by persons or entities who are not a party to this
Agreement, to the extent permitted by law, the CITY agrees to be liable for any and all damages,
losses, and expenses incurred by the DISTRICT, caused by the acts and/or omissions of the CITY
or any of its employees, agents, subcontractors, representatives, or the like arising out of or in any
way connected with this Agreement or any future modifications hereof. For acts or omissions
caused by the CITY, the CITY shall defend and hold the DISTRICT harmless from any and all
legal actions, claims, demands by any person, arising out of or in any way connected with this
Agreement or any future modifications hereof
B. As to any legal action brought by persons or entities who are not a party to this
Agreement, to the extent permitted by law, the DISTRICT agrees to be liable for any and all
damages, losses, and expenses incurred by the CITY, caused by the acts and/or omissions of the
DISTRICT or any of its employees, agents, subcontractors, representatives, or the like arising out
of or in any way connected with this Agreement or any future modifications hereof. For acts or
omissions caused by the DISTRICT, the DISTRICT shall defend and hold the CITY harmless
from any and all legal actions, claims, demands by any person, arising out of or in any way
connected with this Agreement or any future modifications hereof
C. These provisions are in no way intended as a waiver of the parties' rights to
sovereign immunity.
7. SOVEREIGN IMMUNITY
The parties expressly retain all rights, benefits and immunities of sovereign immunity in
accordance with Section 768.28, Florida Statutes. Notwithstanding anything set forth in any
section of this Agreement to the contrary, nothing in this Agreement shall be deemed as a waiver
of immunity or the limits of either party's liability beyond any statutory limited waiver of immunity
or limits of liability which may have been or may be adopted by the Florida Legislature, and the
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liability of either party for damages,regardless of the number or the nature of any claims,whether
arising in tort, equity, or contract, shall not exceed the dollar amount set by the legislature for tort.
Nothing in this Agreement shall inure to the benefit of any third party for the purpose of allowing
any claim against any of the parties,which claim would otherwise be barred under the Doctrine of
Sovereign Immunity or by operation of law.
S. ENTIRE AGREEMENT
This Agreement and any amendments hereto,constitutes the entire Agreement between the
parties relating to the specific matters set forth herein, and no other prior agreements or
understandings shall have any force or affect whatsoever on this Agreement or the parties hereto.
9. GOVERNING LAW AND VENUE
The laws of the State of Florida shall govern all aspects of this Agreement. In the event it
is necessary for either party to initiate legal action regarding this Agreement, venue shall lie in
Palm Beach County, Florida.
10. WAIVER
Failure of the parties to insist upon strict performance of any of the covenants, terms,
provisions, or conditions of this Agreement or to exercise any right of option herein contained,
shall not be construed as a waiver or a relinquishment for the future of any such covenant, term,
provision, or condition, or right of election, but same shall remain in full force and effect.
11. AMENDMENT
The covenants, terms, and provisions of this Agreement may be modified by way of a
written instrument,mutually accepted by the parties hereto. In the event of a conflict between the
covenants, terms, and/or provisions of this Agreement and any written Amendment(s) hereto, the
provisions of the latest executed instrument shall take precedence.
12. JOINT NEGOTIATIONS
This Agreement shall be construed as resulting from joint negotiation and authorship. No
part of this Agreement shall be construed as the product of any one of the parties hereto.
13. RECORDING
The City Clerk shall file a copy of this Agreement with the Clerk of the Circuit Court in
and for Palm Beach County immediately following execution by all parties.
14. ELECTRONIC SIGNATURES.
This Agreement may be executed by electronic signature. Electronic signature shall
include faxed versions of an original signature or electronically scanned and transmitted versions.
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IN WITNESS WHEREOF, this Interlocal Agreement is hereby made effective this
day of May, 2020.
QUANTUM PARK OVERLAY
DEPENDENT DISTRICT
By:
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atz, Vice-Chairperson
ATTEST:
Secretary/Assistant Secretary
CITY OF BOYNTON BEACH
By
Steven Grant, Mayor
ATTEST: (e)
Cl, k of the Board APPROVED RM
ATTORNEY
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