Loading...
2004-009 Interlocal Agrmt. w/PBG & PBC for NLBTFRESOLUTION 09-2004 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR AND VILLAGE CLERK TO ENTER INTO AN AMENDED AND RESTATED INTERLOCAL AGREEMENT WITH CITY OF PALM BEACH GARDENS AND PALM BEACH COUNTY ATTACHED AS EXHIBIT "A," WHICH AGREEMENT AMENDS AND RESTATES THE INTERLOCAL AGREEMENT DATED SEPTEMBER 2, 1997, THAT CREATED THE NORTHLAKE BOULEVARD TASK FORCE; AND, PROVIDING FOR AN EFFECTIVE DATE. BE IT RESOLVED BY THE VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA: Section 1. The Village Council of the Village of North Palm Beach, Florida, does hereby approve the Amended and Restated Interlocal Agreement with the City of Palm Beach Gardens and Palm Beach County attached as Exhibit "A," which agreement amends and restates the Interlocal Agreement dated September 2, 1997, that created the Northlake Boulevard Task Force. Section 2. The Mayor and Village Clerk are hereby authorized and directed to execute the Amended and Restated Interlocal Agreement set forth in Exhibit "A" for and on behalf of the Village of North Palm Beach. Section 3. This Resolution shall take effect immediately upon its adoption. PASSED AND ADOPTED THIS 12th DAY OF FEBRUARY, 2004. (Viilage Seal) ATT Denise M. Nieman County Attorney F.v. box 1909 West Palm Beach, FL 33402-1989 .;551) 35.5-2225 Suncom: (561) 273-2225 FAX: (561) 355-4398 www.pbcgnv cnm ^ Palm Beach County Board of County Commissioners Karen T. Marcus, Chair Tony Masilotti, Vice Chairman Jeff Koons Warren H. Newell Mary McCarty Burt Aaronson Addle L. Greene County Administrator Robert Weisman "An Equa! Opporrimity Affirma[ive AcROn Employer March 5, 2004 Ms. Kathleen Kelly Village of North Palm Beach 10500 N. Military Trail Palm Beach Gardens, FL 33410 RE: Interlocal Agreement Dear Ms. Kelly: Attached please find a fully executed original of the Amended and Restated Interlocal Agreement between the Village of North Palm Beach, City of Palm Beach Gardens and Palm Beach County for your records. If you have any questions regarding this matter, please do not hesitate to contact me at 355-4393. Sincerely, Robert P. Banks Assistant County Attorney RPB/Ir Attachment printed on recycled paper Revision dated February 3, 2004 i r~,ci ~ u ~i _ AMENDED AND RESTATED INTERLOCAL AGREEMENT BETWEEN THE VILLAGE OF NORTH PALM BEACH, CITY OF PALM BEACH GARDENS, AND PALM BEACH COUNTY THIS AMENDED AND RESTATED INTERLOCAL AGREEMENT BETWEEN THE VILLAGE OF NORTH PALM BEACH, CITY OF PALM BEACH GARDENS, AND PALM BEACH COUNTY (hereinafter referred to as "AGREEMENT") is made and entered into by and between the VILLAGE OF NORTH PALM BEACH, 501 U.S. Highway One, North Palm Beach, Florida 33408 (hereinafter "NORTH PALM"), the CITY OF PALM BEACH GARDENS, 10500 North Military Trail, Palm Beach Gardens, Florida 33410 (hereinafter "GARDENS"), and PALM BEACH COUNTY, 301 North Olive Avenue, West Palm Beach, Florida 33401 (hereinafter "COUNTY") WHEREAS, NORTH PALM, the GARDENS, the COUNTY, and the TOWN OF LAKE PARK previously entered into an interlocal agreement establishing the Northlake Boulevard Task Force (hereinafter referred to as "Task Force") on September 2, 1997 (R-97-1156), said agreement hereinafter referred to as the "interlocal Agreement"; and WHEREAS, said interlocal Agreement was subsequently amended by First Amendment to interlocal Agreement, which was effective on August 20,1998 (R-98-1378D) and by Second Amendment to interlocal Agreement, which was effective on August 22, 2000(R-2000-1182); and WHEREAS, Chapter 163.01, Florida Statutes, known as the "Florida Interlocat Cooperation Act of 19b9", authorizes iocai government units to enter into agreements to cooperate with other localities to best serve the needs of the local communities; and WHEREAS, the Task Force has, in accordance with the Interlocat Agreement, facilitated the development of the Northlake Corridor Streetscape Plan and the Northlake Corridor Overlay Zoning District regulations; and WHEREAS, NORTH PALM, the GARDENS, and the COUNTY have adopted the Northlake Corridor Streetscape Plan hereinafter referred to as the "Plan," and have adopted the Northlake Boulevard Overlay District regulations; and WHEREAS, the Task Force has received a Metropolitan Planning Organization grant for the completion of Phase I of the Plan; and WHEREAS, the TOWN OF LAKE PARK has passed a Resolution withdrawing from the Northlake Boulevard Corridor Task Force. NOW, THEREFORE, in consideration of the mutual covenants, promises, and representations contained herein, NORTH PALM, the GARDENS, and the COUNTY hereby adopt the AGREEMENT as follows: Section 1. REPRESENTATIONS. The facts, statements, and recitals heretofore set forth are true and correct and are hereby incorporated in this AGREEMENT by this reference. Section 2. APPOINTMENT OF TASK FORCE REPRESENTATIVES. The Task Force shall consist of six (6) representatives, with NORTH PALM, the GARDENS, and the COUNTY (hereinafter each a "Participant" and jointly "Participants") each appointing two (2) regular representatives to the Task Force, at least one of whom must be an elected official of the appointing Participant. Each Participant shall also appoint two (2) alternate representatives. Each Participant shall appoint representatives and alternates following the same formal procedure the Participant uses for board or commission appointments. 2 Section 3. QUORUM AND VOTING OF TASK FORCE REPRESENTATIVES. _ A quorum of the Task Force shall be necessary for it to conduct any business and shall consist of at least one (1) representative (regular or alternate) from each Participant and a total of at least four (4) representatives present. Each regular representative shall have one (1) vote. An alternate representative shall sit on behalf of the appointing Participant and have a vote when one (1) of the regular representatives of such Participant is absent. A majority of those present shall be required to pass a motion, except that any recommended plan must be approved by a majority, which includes at least one (1) representative from two (2) of the Participants. Section 4. AUTHORITY OF TASK FORCE REPRESENTATIVES. A. NORTH PALM, the GARDENS, and the COUNTY each authorizes its respective representatives to participate in the Task Force and to take such actions as may be necessary to implement the Plan adopted by the governing bodies of the Participants, and to review and propose amendments to the Plan as deemed necessary by the Task Force. B. To this end, Task Force representatives are authorized to meet as necessary and to contract for such professional assistance as they deem necessary to facilitate the completion of their task within the limits of the funding provided herein. In each instance where it becomes necessary to retain professional assistance, the Task Force first shall seek such professional assistance from staff employed or consultants retained by the Participants before deciding to retain "outside" staff or consultants. Costs for such professional assistance shall be borne equally by the Participants. s The Task Force shall submit a proposed budget no later than May 1 S` of each year far each governing body's consideration to fund activities for the ensuing fiscal year. The Task Force agrees that the adopted Plan will be implemented in various phases, and that the timing of the completion of individual phases shall be accomplished in the following initial sequence: Phase 1, Phase 2, and Phase 4. The Participants further agree that nothing in this AGREEMENT shall preclude any individual Participant from constructing or causing to be constructed any portion of the median beautification project at any time, as long as the installation is constructed in accordance with the adopted Plan. C. No later than July 1, 2004, the Task Force shall propose a maintenance funding plan for consideration and approval by each Participant for FY 2004/2005. Section 5. FINANCIAL OBLIGATIONS. A. Each member hereby pledges its support to the implementation of the adopted Plan and the construction of the beautification improvements. B. To the extent permitted by law, and subject to the annual appropriation of funding by each member, the Participants intend to contribute an equal share to secure implementation and completion of all phases of the Plan within ten (10) years from the date of this AGREEMENT or upon completion of all phases of the Plan, whichever occurs first. In-kind services, as approved by the Task Force, may be substituted for monetary contributions. Section 6. TERM OF AGREEMENT. This Agreement shall continue through September 30, 2005, but maybe extended by written instrument of the parties. 4 Section 7. GENERAL T ERNiS AND CJNDITIONS. _ A. This AGREEMENT sets forth all the rights, responsibilities, and obligations of the members to each other, represents the entire understanding of the members, and supersedes all other negotiations, representations, or agreements, whetherwritten ororal, relating to the subject matter of this AGREEMENT. This AGREEMENT cannot be changed, altered, amended, or modified except by written instrument signed by the duly authorized representatives of the parties, adopted and approved by all parties in the same manner as this AGREEMENT. B. The headings given to the sections herein are inserted only for convenience and are no way to be construed as part of this AGREEMENT or as a limitation of the scope of the particular section to which the heading refers. C. This AGREEMENT is authorized by Section 163.01, Florida Statutes, being a joint exercise of power shared in common which any municipality could exercise separately. This AGREEMENT shall be filed with the Clerk of the Circuit Court in and for Palm Beach County, Florida upon execution by all of the members. D. Nothing stated in this AGREEMENT shall be construed to give any rights or benefits of any member to this AGREEMENT to anyone other than the above-listed members, and all duties and responsibilities undertaken pursuant to this AGREEMENT will be for the sole and the exclusive benefit of the members and not for the benefit of any other. E. This AGREEMENT may not be assigned by any member. F. This document can be signed in counterparts. 5 v. All of the terms and provisions of this AGREEMENT shall be binding upon, inure to the benefit of, and be enforceable by the Participants and their legal representatives, successors, and assigns. H. If any part of this AGREEMENT is contrary to, prohibited by, or deemed invalid under any applicable law or regulation, such provision shall be inapplicable and deemed omitted to the extent so contrary, prohibited. or invalid, but the remainder hereof shall not be invalidated thereby and shall be given full force and effect, so far as possible. i. Any portion of the interlocal Agreement not contained in this AGREEN1Ei~T is hereby repealed. J. All actions taken by the Task Force pursuant to the Interlocal Agreement and amendments thereto remain in full force and effect. K. The adoption of this AGREEMENT does not affect the status of representatives of each of the Participants currently appointed to the Task Force. L. This AGREEMENT shall become effective upon a Resolution being enacted by NORTH PALM and the GARDENS, each authorizing its respective Mayor and Clerk to execute this AGREEMENT, and upon approval by the Board of County Commissioners of the COUNTY. (The remainder of this page left intentionally blank) b IN WITNESS i/Vi-fEREOt=, the parties hereto have caused this AGREEfViEi~T to be executed this day of a ~= r ," , 2004. ATTEST: CITY O Patricia Snider; City Clerk APPROVED AS TO FORM ANG LEGAL SUFFICIENCY ~,., w .- /~ ~ ~ .~.~ / ~ ~ '~ ~ ~~ . r Christine P. Tatum, City Attorney P~TT~ST: VIL ,~ ~ V'iilage Clerk ' d APPROVED AS TO FORM AND LEGAL SUFFICIENCY ~~ /, ~ By: Vill e Att net' ~~, BEACH GARDENS { -~~ ~. .~_ ~_,_, ,''Eris ~ lint' ayor FEd 2 6 1pX 7 R2V~~ ~~9 DOROTHY t-~~~~~~~ ^n ATTEST: Boa d of C~I• amfi'ii'~ai$~'! 6~ • ,,, 4, ey ~,LCRK ~:+.~ U CO!11VTY ;t/a By: , ~~. •. < '' - APPROVED AS TO FORM AND LEGAL SUF,,FICIENCY ~,~ ~ j~ By: County Attor ey ' PALiYi BEAyH COUNT1f, FLORIDA r B ~ i; 'S i y ~~~/ j aren Marcus, Chair ~g 2 62004 C:\Documents and Settings\pweaver\Local Settings\Temp\NBTF.AGMT.30.wpd G:\attorney_share\AGREEMENTS\NBTF.AGMT.30.doc