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R09-075 II I 1 RESOLUTION NO. R09- 075" 2 3 4 A RESOLUTION OF THE CITY COMMISSION OF 5 BOYNTON BEACH, FLORIDA, APPROVING AND 6 AUTHORIZING THE MAYOR TO EXECUTE AN 7 AGREEMENT BETWEEN THE CITY OF BOYNTON 8 BEACH AND PALM BEACH COUNTY REGARDING 9 THE CITY'S PLAN TO ANNEX REMAINING PARCELS 10 OF LAND IN CONNECTION WITH THE SAM'S CLUB II AND PALM BEACH MEMORIAL PARK 12 ANNEXATIONS; AND PROVIDING AN EFFECTIVE 13 DATE. 14 15 16 WHEREAS, the Sam's Club property extends northward, providing its northern 17 entrance drive and at the same time, the only means of access for the remaining 18 unincorporated parcels north of Sam's Club property; and 19 WHEREAS, once the Palm Beach Memorial Park and Sam's Club are annexed, the 20 drive will be incorporated and the only access to these unincorporated parcels would then be 21 through the City; and 22 WHEREAS, to resolve this issue, the City staff offered to enter into an Interlocal 23 Agreement with the County that would document the City's plan to annex these remaining 24 parcels; and 25 WHEREAS, the City Commission of the City of Boynton Beach, upon 26 recommendation of staff, deems it to be in the best interests of the residents and citizens of the 27 City of Boynton Beach to approve the Interlocal Agreement between the City of Boynton 28 Beach and Palm Beach County to document the City's plan to annex remaining parcels of 29 property near Sam's Club in order for them not to become an unincorporated pocket. 30 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF S \CA\RESO\AgreementSllnterlocals.ILA with PBC (Sams- Cemetery Annexation).doc II I I THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 2 Section 1. Each Whereas clause set forth above is true and correct and 3 incorporated herein by this reference. 4 Section 2. The City Commission of the City of Boynton Beach, Florida does 5 hereby approve and authorize the Mayor to execute an Interlocal Agreement between the City 6 of Boynton Beach and Palm Beach County to document the City's plan to annex remaining 7 parcels of property near Sam's Club in order for them not to become an unincorporated 8 pocket, a copy of said Interlocal Agreement is attached hereto as Exhibit "A". 9 Section 3. That this Resolution shall become effective immediately upon passage. r:i\.. 10 PASSED AND ADOPTED this ~ day of May, 2009. II CITY OF BOYNTON BEACH, FLORIDA 12 13 14 15 16 17 18 19 20 21 22 23 .- 24 25 ATTEST: - 26 27 28 29 30 et M. Prainito, 3 . 'City Clerk 32 33 34 (Corporate Seal) 35 . S:\CA\RESO\AgreementSllnterlocals.ILA with PBC (Sams- Cemcte t01 -- 0 15' INTERLOCAL AGREEMENT THIS INTERLOCAL AGREEMENT is made on this day of - , 2009 between the CITY OF BOYNTON BEACH, a Florida municipal corporation located in Palm Beach County, Florida, hereinafter referred to as "City," and PALM BEACH COUNTY, a political subdivision of the State of Florida, hereinafter referred to as "County", each entity constituting a "public agency," as defined in Part 1, Chapter 163, Florida Statutes and collectively referred t(;!as the "parties" to this agreement. WHEREAS, Chapter 163, Part I, Florida St<<;i~~tes(2008), known as the "Florida I nterlocal Cooperation Act of 1969" authorize~local governments tamake the most efficient use of their powers by enabling them. to cooperate with other ~fjties on a basis of mutual advantage and thereby to pravtGem services and facilities that will harmonize geographic, economic, papulation and otfief'ifactors influencing the needs and development of local communities;~n.d WHEREAS, the "Florida Interlocal CoopeEatiqn. Act of 1969" permits public agencies as defined herein. to enter into Intertocal Agreements with each other to jointly exercise any power; (Dfivilege, Of authority Which such agencies share in cammon and which each might exercise sep?lrately; and WHERE~~;:~~~ CO(fn~~:and tl1EFSlty have determined that it is apprapriate and will promote efficienf:p~Qvisiori:Qf::governmental services for the City to annex certain parcelsthet are contigu06!:l.and in proximity to the City's municipal boundaries; and WHERE..AS, the City~s Comprehensive Plan Policy 1.15.1 states that the City will continue to promoteJhe orderly annexation of lands consistent with Chapter 171, F.S., and the Palm Beach:~eunty Annexation Policy; and WHEREAS, the City's Comprehensive Plan Policy 1.15.2 states that the City shall utilize pre-annexation water service agreements as a method of annexation; and WHEREAS, parcels identified to be annexed in this Interlocal Agreement are in the City's Utility Service Area and are the subject of water service agreements that also provide consent for voluntary annexation; and Page 1 of 4 WHEREAS, the City is precessing a voluntary annexation of 41.49 acres, located ta the sauth of the unincorporated preperties identified in Exhibit A; and WHEREAS, the City recognizes that service delivery preblems will result due to the annexation of these 41.49 acres if these parcels to the north of the annexation remain unincorporated. NOW, THEREFORE, in consideration of the mutual rep.~~entations, terms and covenants hereinafter set forth, the parties hereby agree as fOllows: Section 1. Purpose The Parties hereby agree that by October 1,2009, the City of Boynton Beach will precess and adopt an ordinance or ordinances:resulting in the voluntarylilnnexation of the unincorporated parcels identified in Exhibif;~:'. attaGRed hereto and made a part hereof, provided that the City boundary is contiguousto:fhese parcels as of that date. If the City boundary is not contiguous to these parcels by;ec:tober 1, 2009, the City shall adopt the voluntary annexation ordinaElcewithin 180 daysQ'f::tlie effective date of the City ordinance which makes the parcels laentifie(jln':r;:.~.bibit ICA" contiguous with the City. Section 2. DefimfiOOs "Agreemenem~~ms thl~'lnterlocal Agreement, including any amendments or supplements hereto, exe~t;!ted {in~cj~livered in: accordance with the terms hereof. Section 3.:'::,AnnexaHoj:).. The unincorporat~ parcels identified in Exhibit "A", which is attached hereto and made aRitt hereof, willfljreby bef annexed into and will be included in the corporate boundaries of the City pear to October 1, 2009, provided that the boundary is contiguous to tnese (Darca's as of that date. If the City boundary is not contiguous by October 1, 2009, tne~::eity shall adopt the voluntary annexation ordinance within 180 days of the effective date of the City ordinance which makes the parcels identified in Exhibit "A" contiguous with the City. Page 2 of 4 Section 4. Joint Effort The preparation of this Agreement is considered a joint effort of the parties and, accordingly, the Agreement shall not be construed more severely against one of the parties than the other. Section 5. Enforcement This Agreement, shall be binding upon, and be enfarceabJe by, the parties. There are no third party beneficiaries to this agreem~J'lf"This Agreement and all transactions contemplated by this Agreement shaHb~governed 'I)y:end construed and enforced in accordance with the laws of the St~te of Florida. Venue of aU proceedings in connection herewith shall be exclusively in Palm Beach C6unty, Florida; In the event of litigation or administrative proceeding to settle issU~.arising, each party shall be responsible for their own attorney's feeS.atid:~~~ts. Section 6. Effective Date This AgreementsffafFti.ke effect upon execution by both parties. Section 7. Fili:ng Upon execution bybQ.~niJarties~.Etcopy of this Agreement shall be filed with the Clerk of theCircl.:fit=COurt in 8ij(jfor Palm Beach County. Section 8. Captiens The:eaptions and s~~tion designations herein set forth are for convenience only and shall have'J'l~substan~bie meaning. Section 9. "Seyerabil ity 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. Section 10. Entirety of Aqreement This Agreement represents the entire understanding between the parties, and supersedes all other negotiations, representations, or agreement, either written or oral, Page 3 of 4 relating to this Agreement. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which shall constitute one and the same instrument. CITY OF BOYNTON BEACH, a Florida Municipal Corporation ATTEST: ~~ Ronald.Weiland, Commissioner d(,fiJtl -fvJ.. et Prainito, City (Seal) Cit ATTEST: PALM BEACH COUNTY, FLORIDA, BY ITS SHARON R. BOCK, Clerk & BOARD OF COUNTY COMMISSIONERS Comptroller By: By: Deputy Clerk John F. Koons, Chairman APPROVED AS TO FORM AND LEGAL SUFFICIENCY Assistant County Attorney G.IWPDA TA lLANDUSEIRBANKSIANNEXA T IOMBoyntonlnterlocal doc Page 4 of 4 E h . b . t A x I I p r 0 p 0 s e d A n n e x a t i 0 n s Cabot Dr Lantana I I ! Hypoiux(J RIj d -':Jilt! '11- " . IlL, ~"ii ;,1.. . 1"3' ll~cTT1';:t"~' ,...." ' j ...",'.,~' '"ilt'" ,.,t., ':'111 fs'S? '; ~~' ; ri ",; , ~,-..'.. ".. ~; ;~,.:'; "w':. ~ii , ',.:1:' .: ,~ ": ::5~ " ,~;., , -,. i\i! ~ Proposed VOluntary Annexation [z:I To be Annexed l:Jj Signed Water Service Agreements AiwilbnOatI!: 1)1.28)8 S . 0nlIId: PBEI-N W+E Planning. Zoning FlerelfBN:'ll'oPoj'MmPfC9'fJB'eBfxA.m.:f - &Buildlng i 100 0 100 200 23(J)N.bg~ I .......tAlmEleact\ Fl 33111 ~~: MlP.rol,~.~.f.br~~_n.~~pu~_.~ S Ptore($1)23J.5m The City o! Bognton 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 MEMORANDUM TO: Nancy Byrne FROM: Judith A. Pyle Deputy City Clerk DATE: May 20, 2009 SUBJECT: R09-075 Interlocal Agreement as a prerequisite to the voluntary annexation of the Palm Beach Memorial Park and Sam's Club properties The resolution and agreement mentioned above were approved by the City Commission at their regular meeting held on May 19, 2009. Please have the attached agreements signed by Palm Beach County and return to me for further processing. Thank you. ifLiil21 ~ Attachments (3) c: Central File America's Gateway to the Gulfstream The Citg ol BoljDtOD Beach City Clerk's Office 100 E BOYNTON BEACH BLVD BOYNTON BEACH FL 33435 (561) 742-6060 FAX: (561) 742-6090 e-mail: prainitoj@ci.boynton-beach.f1.us www.boynton-beach.org MEMORANDUM To: James Cherof City Attorney From: Janet M. Prainito City Clerk Date: June 3, 2009 Re: Documents Approved At City Commission Meeting Held On May 19, 2009 Please review and sign the attached Interlocal Agreement between the City of Boynton Beach and Palm Beach County. This agreement is a prerequisite to the Annexation Agreements for the Sam's Club/Northstar annexation projects. This Interlocal Agreement was approved by the City Commission on May 19, 2009. The County is anxiously awaiting this agreement so that it can be placed on their next County Commission agenda. Please return to me for further processing. Thank you. ~Yn. p~ achments S:\CC\WP\Memos\City Attorney\2009\R09-075 - lLA Regarding Sam's Club-Northstar - Prerequisite Agreement.doc America's Gateway to the Gulfstream The City of Boynton Beach City Clerk's Office 100 E BOYNTON BEACH BLVD BOYNTON BEACH FL 33435 (561) 742-6060 FAX: (561) 742-6090 e-mail: prainitoj@ci.boynton-beachJl.us www.boynton-beach.org June 10, 2009 Mr. Bruce Thomson, Principal Planner Palm Beach County Planning Division 2300 N. Jog Road 2E-34 West Palm Beach, FI 33411 Re: Resolution R09-075 Interlocal Agreement between Palm Beach County and the City of Boynton Beach Dear Mr. Thomson: Attached for your handling are two (2) partially executed agreements and a copy of the Resolution mentioned above. Once the agreements have been signed, please return one original to the City Clerk's Office for Central File. If you have any questions, please do not hesitate to contact me. Very truly yours, CITY OF BOYNTON BEACH 1 .1 CYJp C~A!{~' I'. ~ ~ith A. Pyle !- , eputy City Clerk Attachments CC: Hanna Matras tis s: \ cc \ WP\AFfER COMMISSION\ Other Transmittal Letters After Commission \2009 \R09-09-075 ILA Annexation.doc America's Gateway to the Gulfstream