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R92-89RESOLUTION NO. R92-~ A RESOLUTION OF THE CiTY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT BETWEEN PALM BEACH COUNTY AND THE CITY OF BOYNTON BEACH FOR THE FUNDING OF UTILITY CONSTRUCTION FOR NW 22ND AVENUE & CONGRESS AVENUE INTERSECTION, PALM BEACH COUNTY PROJECT NO. 90624; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Boynton Beach, upon the recommendation of staff, has determined it to be in the best interest of the citizens and residents of the City of Boynton Beach to execute an Agreement between Palm Beach County and the City of Boynton Beach for the funding of utility construction for ~ 22nd Avenue & Congress Avenue Intersection, Palm Beach County Project No. 90624, NOW,~ THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA THAT: Section 1. The Mayor and City Clerk are hereby directed to execute the Lease Agreement between Palm Beach County and the City of Boynton Beach for the utility construction for NW 22nd Avenue & Congress Avenue Intersection, Palm Beach County Project No. 90624; and Section 2. This Resolution shall take immediately upon passage. PASSED AND ADOPTED this ~ day of June, 1992. effect ~TTEST: CITY OF BOYNTON BEACH, FLORIDA Mayor ~i~ Clerk Corporat~ Seai) ~Z2nd. Con 5/29/92 AGREEMENT BETWEEN PALM BEACH COUNTY AND CITY OF BOYNTON BEACH FOR THE FUNDING OF UTILITY CONSTRUCTION FOR NW 22ND AVENUE & CONGRESS AVENUE INTERSECTION PALM BEACH COUNTY, FLORIDA PALM BEACH COUNTY PROJECT NO.90624 THIS AGREF~ENT, made and entered into this 199_, by and between PALM BEACH COUNTY, subdivision in the State of Florida, herein referred to ,,COUNTY" and the CITY OF BOYNTON BEACH, a municipality State of Florida, herein referred to as the -CITY", day of a political as the in the WITNESSETH = WHEREAS, the COUNTY and the CITY desire to jointly participate in the construction of certain utilities within the right-of-way of h~ Z2nd Avenue and Congress Avenue Intersection and WHEREAS, Florida Statutes, Section 163.01, allows governmental units to make the most efficient use of their powers by enabling them to cooperate with other localities on a basis of mutual advantage; and ~/EREAS, the execution of this agreement is in the best interest of both governmental units by promoting efficient utility construction along the NW 22nd Avenue and Congress Avenue intersection right-of-way referred to previously; NOW, THEI~EFORE, for and in consideration of the mutual covenants contained herein, the Parties to this Agreement agree as follows: 1. The CITY agrees to pay directly to the COUNTY costs attributable to said utility construction as outlined in the specifications for this project. 1 AGREE/6ENT WITH CITY OF BO~VfON 2. Said summation of costs is stated in the amount of $ 9t130.00 in accordance with the attached bid tabulation (Attachment "A") and summary (Attachment "B") for the specified work. 3. said costs shall be adjusted upon completion of the project using as constructed quantities, said quantities being measured by the Palm Beach County Engineering and Public Works Department. 4. The CITY agrees to fund those contributions set forth in Paragraphs i through 3 above within thirty (30) days of receiving written notice from the COUNTY that funding is required. the 5. The COUNTY is to be responsible for administering funds in accordance with the Agreement. 6. The CITY is to be responsible for, and agrees to provide or cause to be performed all inspection services during construction of and final certification for the aforementioned utility systems. 7. In the event that additional work and funding is required, the additional cost attributable to said utility construction as outlined in the specifications for this project is the responsibility of the CITY. In the event of an under run attributable to said utility construction as outlined in the specification, the CITY will be credited the excess amount. AGREE/4ENTWITHCIT~OFBOt~RTON 9. All provisions of this Agreement calling for the expenditure of ad valorem tax money by either the COUNTY or the CITY are subject to annual budgetary funding and should either Party involuntarily fails to fund any of their respective obligations pursuant to this Agreement, this Agreement may be terminated. 10. Any and all notices required or permitted to be given hereunder shall be deemed received three (3) days after same are deposited in U.S. Mail sent via certified mail, return receipt requested. All notice to CITY shall be sent city of Boynton Beach 124 S.E. 15th Avenue Boynton Beach, FL 33455 ATTN: J. Scott Miller City Manager All notice to the County shall be sent to: George T. Webb, P.E., County Engineer Engineering and Public Works Department P.O. Box 21229 West Palm Beach, FL 33416 ATTN: Roadway Production AGP~EEMENT WITH CITY OF BOYNTON IN WITNESS WHEREOF, the Parties unto this Agreement have set their hands and seals on the day and date first written above. CITY OF BOYNTON BEACH: PALM BEACHCOUNTY, FLORIDA, BY ITS BOARD OF COUNTY COM/~ISSIONERS AllLINE WEINER, MAYOR 6/5/92 BY: CHAIRMAN ATTEST: SUZANNE M. F~USE, CITY CLERK (DATE) 6/5/92 ATTEST: MILTON T. BAUER, CLERK BY: (DATE) APPROVED AS TO FORM AND LEGAL SUFFICIENCY: / ~IT~ A~/RNEY APPROVED AS TO FORM AND LEGAL SUFFICIENCY: BY: COUNTY ATTORNEY 4 oooooooo-oo~oo~~o~°°° 1%7