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
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