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HomeMy Public PortalAboutBoynton Bch Annexation Interlocal AgmtThe City of Boynton Beach August 2, 2011 Mr. William Thrasher Town Manager 100 Sea Road Gulf Stream, FL 33483 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 Re: Rll-062 Agreement to Rescind Interlocal Agreement between Town of Gulf Stream and City of Bovnton Beach Dated September 7, 2004 Dear Mr. Thrasher: Attached for your information and files is a fully executed copy of the agreement and the resolution mentioned above. If I can be of any additional service, please do not hesitate to contact me. Very truly yours, CITY OF BOYNTON BEACH YYI. -J3net M. Prainito, MMC City Clerk Attachments (Agreement & Resolution) Us S:\CC\WP\AFfER COMMISSION\Other Transmittal Letters After Commission\2011\R11-062 Agreement to Rescind Interlocal Agreeement Town of Gulf Stream.doc America's Gateway to the Gulfstream i�j1-o(oa AGREEMENT TO RESCIND INTERLOCAL AGREEMENT BETWEEN TOWN OF GULF STREAM AND CITY OF BOYNTON BEACH DATED SEPTEMBER 7, 2004 Come now the Town of Gulf Stream, Palm Beach County, Florida, and the City of Boynton Beach, Palm Beach County, Florida, as parties to the Interlocal Agreement between the Town and City, dated September 7, 2004, and hereby enter into the following agreement: WITNESSETH: WHEREAS, the Town of Gulf Stream and the City of Boynton Beach entered into an Interlocal Agreement, effective September 7, 2004, relating to annexation of unincorporated properties, a copy of which Interlocal Agreement Is attached hereto as Exhibit "A" and incorporated herein by reference; and WHEREAS, because the Town of Gulf Stream has annexed those properties which are subject to the Interlocal Agreement, such Agreement is no longer necessary; and WHEREAS, it is the intent of the parties to this Agreement to rescind said Interlocal Agreement. NOW THEREFORE, It is hereby agreed as follows: 1. The Town of Gulf Stream and the City of Boynton Beach hereby agree to rescind the Interlocal Agreement referenced herein and attached hereto as Exhibit "A". 2. Upon execution of this Agreement by both parties the Interlocal Agreement between the parties shall be rescinded in its entirety and there shall be no further obligation of the parties pursuant to the terms of the Interlocal Agreement. IN WITNESS WHEREOF, the parties have set their hands and seats the day and year hereafter written. P'.000M13147T0000100G118M38.00C TOOF 01 By Williarr Attest; F. Koch, Jr., Mayor Taylor, Town Dated: 'Y- $-11 CITY OF�70CH gy /�^-Z (C�<� !nom Attest ___ I ► I • P�L.L"t To Clerk Dated: 08 -01-4011 RESOLUTION NO. 011-6 A RESOLUTION OF THE TOWN COMMISSION OF THE TOWN OF GULF STREAM, PALM BEACH COUNTY, FLORIDA, AGREEING TO RESCIND THE INTERLOCAL AGREEMENT BETWEEN THE TOWN OF GULF STREAM AND THE CITY OF BOYNTON BEACH DATED SEPTEMBER 7, 2004 REGARDING ANNEXATION OF UNINCORPORATED PROPERTIES SUBJECT TO THE CITY OF BOYNTON BEACH AGREEING TO THE RESCISSION OF SAID INTERLOCAL AGREEMENT; PROVIDING AN EFFECTIVE DATE. WHEREAS, the Town of Gulf Stream and the City of Boynton Beach entered into an Interlocal Agreement, effective September 7, 2004, relating to annexation of unincorporated properties, a copy of which Interlocal Agreement Is attached hereto; and WHEREAS, the Town of Gulf Stream is willing to rescind said Interlocal Agreement upon mutual agreement of the City of Boynton Beach. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COMMISSION OF THE TOWN OF GULF STREAM, PALM BEACH COUNTY, FLORIDA, THAT: SECTION 1: The Town Commission of the Town of Gulf Stream, Palm Beach County, Florida, hereby agrees to rescind the Interlocal Agreement referenced herein and attached hereto, subject to the mutual agreement of the City of Boynton Beach to rescind said agreement. SECTION 2: The Town Commission hereby authorizes the Mayor to execute an Agreement rescinding the Intedocal Agreement referenced herein, which Agreement shall become effective upon the execution by the appropriate representatives of the Town of Gulf Stream and the City of Boynton Beach. SECTION 3: This resolution shall become effective Immediately upon passage. PASSED AND ADOPTED In a regular session assembled this 8th- day of Anri 1 .2011. A714 TOWN CLERK PADOCS113147MMI V=%l"S847DOC COMMISSIONER CO ISSIONER COMMISSIONER INTERLOCAL AGREEMENT THIS AGREEMENT shall be effective as of the % day of � 1 2004, (the "effective date") and is being entered into by and between the TOWN OF GULF STREAM, FLORIDA, and the CITY OF BOYNTON BEACH, FLORIDA. WITNESSETH: WHEREAS, the Town of Gulf Stream has been giving consideration to the annexation of several unincorporated properties lying near or adjacent to the corporate boundaries of the Town of Gulf Stream; and WHEREAS, the City of Boynton Beach has entered into certain agreements that commit property owners to annex into the City of Boynton Beach if and when the owner's property becomes contiguous to the City of Boynton Beach; and WHEREAS, said unincorporated areas are not currently contiguous to land within the jurisdictional limits of the City of Boynton Beach and, therefore, are not immediately subject to annexation; and WHEREAS, the interest of the Town of Gulf Stream in annexing said properties is to assure the Town that said properties will not exceed the 35 foot height requirement presently existing in the unincorporated area and so as to assure that the density will not exceed six (6) units per acre; and WHEREAS, the Town of Gulf Stream is willing to forego its right to annex said properties in favor of annexation by the City of Boynton Beach subject, however, to the City of Boynton Beach agreeing that subsequent to annexation the height and density requirements referenced herein will not be exceeded. NOW, THEREFORE, the parties to this Agreement hereby agree as follows; Section 1. The Town of Gulf Stream shall not seek to annex those unincorporated properties referenced herein as defined In Exhibit "A" attached hereto and will state no objection to said properties being annexed by the City of Boynton Beach should the City of Boynton Beach attempt to annex said properties subject, however, to the City of Boynton Beach agreeing to the terms set forth herein. Section 2. In consideration for the agreement from the Town of Gulf Stream not to seek annexation of the properties described herein and to state no objection to said annexation by the City of Boynton Beach, the City of Boynton Beach, in consideration therefore, agrees that the properties annexed shall be subject to a binding provision in the Code of the City of Boynton Beach which will provide that no structures included within the annexed properties may be constructed to a height in excess of 35 feet and that no density shall be allowed in excess of six (6) units per acre. Section 3. The provisions relating to height and density referenced in Section 2 above shall be incorporated within the Zoning Code of the City of Boynton Beach and, to further assure said compliance, it shall be made a condition of any annexation agreement between the owners of the unincorporated properties and the City of Boynton Beach that structures on said property shall not exceed the 35 foot height limitation or the six (6) unit per acre density requirement referenced herein. Section 4. The term of this Agreement shall be from the Agreement's effective date through QCr F 12030. Section 5. In the event of any litigation or administrative proceeding to settle issues arising hereunder, the prevailing party shall be entitled to recover against the 2 other party its costs and expenses, including reasonable attorney's fees, which shall include, but not be limited to, fees and costs for any appeal that may be taken. Section 6. This Agreement represents the entire understanding and agreement between the parties with respect to the subject matter hereof. Section 7. The preparation of this Agreement is considered a joint effort of the parties and, accordingly, this Agreement shall not be construed more severely against one of the parties than the other. Section 8. All of the terms and provisions of this Agreement, whether so expressed or not, shall be binding upon, inure to the benefit of, and be enforceable by the parties and their respective legal representatives, successors and permitted assigns. Section 9. If any part of this Agreement is contrary to, prohibited by or deemed invalid under 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. Section 10. This Agreement and all transactions contemplated by this Agreement shal! be governed by and construed and enforced in accordance with the laws of the State of Florida. Venue of all proceedings in connection herewith shall be exclusively in Palm Beach County, Florida and each party hereby waives whatever their respective rights may have been in the selection of venue. K IN WITNESS WHEREOF, the parties have set their hands and seals the day and year hereinafter written. TOWN OF GULF STREAM m AM Dated: __to -r- 0 t CITY OF BOYNT�ON^BEACH By �pPROV S Yo (ORM: cd Attest: Attest: V—cm ATTORHEY 1 Dated: 9��0 0 5or NMCM13147-01\Interlocal Agreement Boynton Beaoh Annexation.doc 4 EXHIBIT "A" Vista Apartments 4450 N. Ocean Blvd. PCN: 00 43 45 34 00 002 0180 Vista Villas Condominium 4448 N. Ocean Blvd. PCN: 00 43 45 34 27 000 0000 Gulf Stream Villas Condominium 4440 N. Ocean Blvd. PCN: 00 43 45 34 27 000 0000 Gulf Stream Villas South Condominium 4400 N. Ocean Blvd. PCN: 00 43 45 34 23 000 0000 Sea Ridge Condominium 4300 N. Ocean Blvd. PCN: 00 43 45 34 29 000 0000 Sea Horse Bath & Tennis Club 4001 N. Ocean Blvd. PCN: 00 43 45 34 37 000 0000 Polo Ridge 3960 N. Ocean Blvd. PCN: 00 43 45 34 00 002 0280 & 0290 L'Hermitage Condominium 3900 N. Ocean Blvd. PCN: 00 43 45 34 34 000 0000 Ballantrae Condominium 4333 N. Ocean Blvd. PCN: 00 43 45 34 31 000 0000 Bellamar House Condominium 3951 N. Ocean Blvd. PCN: 00 43 45 34 30 000 0000 Gulfstream Manor Condominium Phase 1 3901 N. Ocean Blvd. PCN: 00 43 45 34 32 000 0000 St. Andrews Club (Tennis Courts) n/a (Office -4475 N. Ocean Blvd.) PCN: 0043 46 34 00 002 0390 I- ST i S ANiJRciy;',• ' O FAIRWAYS CUNDU h .w . y NN e1N N 9 4� 0 'N64 � — . ' 1 RESOLUTION NO. Rll- 062/ A RESOLUTION OF THE CITY COMMISSION OF BOYNTON BEACH, FLORIDA, APPROVING AGREEMENT TO RESCIND INTERLOCAL AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND THE TOWN OF GULFSTREAM REGARDING ANNEXATION OF UNINCORPORATED PROPERTY ON THE BARRIER ISLAND; AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT TO RESCIND; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on September 7, 2004, the City Commission of the City of Boynton via Resolution 04-154, approved and authorized an Interlocal Agreement between the City Boynton Beach and the Town of Gulfstream regarding the annexation of unincorporated on the barrier island; and WHEREAS, the Town of Gulfstream has requested Resolution 04-154 and 211 corresponding Interlocal Agreement be rescinded via an Agreement to Rescind Agreement; and WHEREAS, the City Commission of the City of Boynton Beach, upon of staff, deems it to be in the best interests of the residents and citizens of the City of Beach to approve the Agreement to Rescind Interlocal Agreement between the City of Beach and the Town of Gulfstream regarding annexation of unincorporated property on barrier island. NOW; THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. Each Whereas clause set forth above is true and correct and S:\CA\RESO\AgreementslReso-Rescind ILA with Gulfstream for Annezation.doc 911-o(oa AGREEMENT TO RESCIND INTERLOCAL AGREEMENT BETWEEN TOWN OF GULF STREAM AND CITY OF BOYNTON BEACH DATED SEPTEMBER 7. 2004 Come now the Town of Gulf Stream, Palm Beach County, Florida, and the City of Boynton Beach, Palm Beach County, Florida, as parties to the Interlocal Agreement between the Town and City, dated September 7, 2004, and hereby enter into the following agreement: WITNESSETH: WHEREAS, the Town of Gulf Stream and the City of Boynton Beach entered into an Interlocal Agreement, effective September 7, 2004, relating to annexation of unincorporated properties, a copy of which Interlocal Agreement is attached hereto as Exhibit "A" and incorporated herein by reference; and WHEREAS, because the Town of Gulf Stream has annexed those properties which are subject to the Interlocal Agreement, such Agreement is no longer necessary; and WHEREAS, it is the intent of the parties to this Agreement to rescind said Interlocal Agreement. NOW THEREFORE, it is hereby agreed as follows: 1. The Town of Gulf Stream and the City of Boynton Beach hereby agree to rescind the interlocal Agreement referenced herein and attached hereto as Exhibit "A". 2. Upon execution of this Agreement by both parties the Interlocal Agreement between the parties shall be rescinded in its entirety and there shall be no further obligation of the parties pursuant to the terms of the Interlocal Agreement. RESOLUTION NO. 011-6 A RESOLUTION OF THE TOWN COMMISSION OF THE TOWN OF GULF STREAM, PALM BEACH COUNTY, FLORIDA, AGREEING TO RESCIND THE INTERLOCAL AGREEMENT BETWEEN THE TOWN OF GULF STREAM AND THE CITY OF BOYNTON BEACH DATED SEPTEMBER 7, 2004 REGARDING ANNEXATION OF UNINCORPORATED PROPERTIES SUBJECT TO THE CITY OF BOYNTON BEACH AGREEING TO THE RESCISSION OF SAID INTERLOCAL AGREEMENT; PROVIDING AN EFFECTIVE DATE. WHEREAS, the Town of Gulf Stream and the City of Boynton Beach entered into an Interlocal Agreement, effective September 7, 2004, relating to annexation of unincorporated properties, a copy of which Interlocal Agreement is attached hereto; and WHEREAS, the Town of Gulf Stream is willing to rescind said Interlocal Agreement upon mutual agreement of the City of Boynton Beach. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COMMISSION OF THE TOWN OF GULF STREAM, PALM BEACH COUNTY, FLORIDA, THAT: SECTION 1: The Town Commission of the Town of Gulf Stream, Palm Beach County, Florida, hereby agrees to rescind the Interlocal Agreement referenced herein and attached hereto, subject to the mutual agreement of the City of Boynton Beach to rescind said agreement. SECTION 2: The Town Commission hereby authorizes the Mayor to execute an Agreement rescinding the Interlocal Agreement referenced herein, which Agreement shall become effective upon the execution by the appropriate representatives of the Town of Gulf Stream and the City of Boynton Beach. SECTION 3: This resolution shall become effective immediately upon passage. PASSED AND ADOPTED in a regular session assembled this 8th day of —Apri l 2011. ATTEST: Z'7;a= TOWN CLERK PADOCS\13147\00001 \DOC\1845847. DOC • - I / I% -MAYOR i viTPAYoRl COMMISSIONER CO ISSIOnNER COMMISSIONER Roo -►sal INTERLOCAL AGREEMENT THIS AGREEMENT shall be effective as of the -7 day of suer 1 2004, (the "effective date") and is being entered into by and between the TOWN OF GULF STREAM, FLORIDA, and the CITY OF BOYNTON BEACH, FLORIDA. WITNESSETH: WHEREAS, the Town of Gulf Stream has been giving consideration to the annexation of several unincorporated properties lying near or adjacent to the corporate boundaries of the Town of Gulf Stream; and WHEREAS, the City of Boynton Beach has entered into certain agreements that commit property owners to annex into the City of Boynton Beach if and when the owner's property becomes contiguous to the City of Boynton Beach; and WHEREAS, said unincorporated areas are not currently contiguous to land within the jurisdictional limits of the City of Boynton Beach and, therefore, are not immediately subject to annexation; and WHEREAS, the interest of the Town of Gulf Stream in annexing said properties is to assure the Town that said properties will not exceed the 35 foot height requirement presently existing in the unincorporated area and so as to assure that the density will not exceed six (6) units per acre; and WHEREAS, the Town of Gulf Stream is willing to forego its right to annex said properties in favor of annexation by the City of Boynton Beach subject, however, to the City of Boynton Beach agreeing that subsequent to annexation the height and density requirements referenced herein will not be exceeded. NOW, THEREFORE, the parties to this Agreement hereby agree as follows: Section 1. The Town of Gulf Stream shall not seek to annex those unincorporated properties referenced herein as defined in Exhibit "A" attached hereto and will state no objection to said properties being annexed by the City of Boynton Beach should the City of Boynton Beach attempt to annex said properties subject, however, to the City of Boynton Beach agreeing to the terms set forth herein. Section 2. In consideration for the agreement from the Town of Gulf Stream not to seek annexation of the properties described herein and to state no objection to said annexation by the City of Boynton Beach, the City of Boynton Beach, in consideration therefore, agrees that the properties annexed shall be subject to a binding provision in the Code of the City of Boynton Beach which will provide that no structures included within the annexed properties may be constructed to a height in excess of 35 feet and that no density shall be allowed in excess of six (6) units per acre. Section 3. The provisions relating to height and density referenced in Section 2 above shall be incorporated within the Zoning Code of the City of Boynton Beach and, to further assure said compliance, it shall be made a condition of any annexation agreement between the owners of the unincorporated properties and the City of Boynton Beach that structures on said property shall not exceed the 35 foot height limitation or the six (6) unit per acre density requirement referenced herein. Section 4. The term of this Agreement shall be from the Agreement's effective date through Oc7: P , 2030. Section 5. In the event of any litigation or administrative proceeding to settle issues arising hereunder, the prevailing party shall be entitled to recover against the 2 other party its costs and expenses, including reasonable attorney's fees, which shall include, but not be limited to, fees and costs for any appeal that may be taken. Section 6. This Agreement represents the entire understanding and agreement between the parties with respect to the subject matter hereof. Section 7. The preparation of this Agreement is considered a joint effort of the parties and, accordingly, this Agreement shall not be construed more severely against one of the parties than the other. Section 8. All of the terms and provisions of this Agreemant, whether so expressed or not, shall be binding upon, inure to the benefit of, and be enforceable by the parties and their respective legal representatives, successors and permitted assigns. Section 9. If any part of this Agreement is contrary to, prohibited by or deemed invalid under 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. Section 10. This Agreement and all transactions contemplated by this Agreement shall be governed by and construed and enforced in accordance with the laws of the State of Florida. Venue of all proceedings in connection herewith shall be exclusively in Palm Beach County, Florida and each party hereby waives whatever their respective rights may have been in the selection of venue. 3 IN WITNESS WHEREOF, the parties have set their hands and seals the day and year hereinafter written. TOWN OF GULF STREAM Z Attl Dated: /0— Y" - C � CITY OF BOYNTON BEACH By t2t APPROV To fORM: gl(0jbq Att {`/� YC.-7G1Y ATTORNEY Dated: (T/ Dated: q 0 so, N:WCR\13147-01\Interlocal Agreement Boynton Beach Annexalion.doc 4 EXHIBIT "A" Vista Apartments 4450 N. Ocean Blvd. PCN: 00 43 45 34 00 002 0180 Vista Villas Condominium 4448 N. Ocean Blvd. PCN: 00 43 45 34 27 000 0000 Gulf Stream Villas Condominium 4440 N. Ocean Blvd. PCN: 00 43 45 34 27 000 0000 Gulf Stream Villas South Condominium 4400 N. Ocean Blvd. PCN: 00 43 45 34 23 000 0000 Sea Ridge Condominium 4300 N. Ocean Blvd. PCN: 00 43 45 34 29 000 0000 Sea Horse Bath & Tennis Club 4001 N. Ocean Blvd. PCN: 00 43 45 34 37 000 0000 Polo Ridge 3960 N. Ocean Blvd. PCN: 00 43 45 34 00 002 0280 & 0290 L'Hermitage Condominium 3900 N. Ocean Blvd. PCN: 00 43 45 34 34 000 0000 Ballantrae Condominium 4333 N. Ocean Blvd. PCN: 00 43 45 34 31 000 0000 Bellamar House Condominium 3951 N. Ocean Blvd. PCN: 00 43 45 34 30 000 0000 Gulfstream Manor Condominium Phase 1 3901 N. Ocean Blvd. PCN: 00 43 45 34 32 000 0000 St. Andrews Club (Tennis Courts) n/a (Office -4475 N. Ocean Blvd.) PCN: 0043 46 34 00 002 0390 BALLANTR,4E �d CONDCOWN/Ut+,/'� �J C, LW.' 3.11 f HORSE 37 & T-Eflkz PrLtAMAR 'HwaF I� N 71a NN 81 N 940 r N Y184 , RESOLUTION R04- 154 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 4 FLORTDA, AUTHORIZING EXECUTION OF ANY 5 INTERLOCAL AGREEMENT BETWEEN THE CITY OF 8 BOYNTON BEACH ARID THE TOWN OF GULF 7 STREAM, FLORIDP, AND PROVIDING AN 9 EFFECTIVE DATE. 9 10 WHEREAS, the Town of Gulf Stream is foregoing it's right to annex 11 certain unincorporated properties lying near or adjacent to the corporate 12 boundaries of the Town of Gulf Stream in favor of the annexation by the City 13 of Boynton Beach, and; 14 WHEREAS, the unincorporated properties are not currently 15 contiguous to land within the jurisdictional of the City of Boynton Beach and 18 not immediately subject to annexation, and; 17 WHEREAS, staff has reviewed and recommends acceptance of the 18 Interlocal Agreement, a copy of which is attached hereto and made a part 19 hereof; 20 NOW, THEREFORE, BE IT RESOLVED BY THE CITY 21 COMMISSION OF THF, CITY OF BOYNTON BEACH, FLORIDA, 22 THAT: 23 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed 24 as being true and correct and are hereby made a specific part of this Resolution 25 upon adoption hereof. 28 Section 2. Upon recommendation of staff, this Commission does hereby 27 authorize execution of this interlocal Agreement between the City of Boynton Town of Gulf Stream-Annaxalion.doc 1 2 3 4 5 6 7 6 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 Beach and the Town of GulFStream. which Agreement is attached hereto and made a part here. Sec ion 3 That this Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this -.7 day of September, 2004. CITY OF BOYNTON BEACH, FLORIDA S:1CA1RES01Agteementt111ntoHocal5Vntertocai Tom of Gulf Stream - Annexation.00c RESOLUTION NO. 04_19 A RESOLUTION OF THE TOWN COMMISSION OF THE TOWN OF GULF STREAM, PALM BEACH COUNTY, FLORIDA, APPROVING AN INTERLOCAL AGREEMENT BETWEEN THE TOWN OF GULF STREAM AND THE CITY OF BOYNTON BEACH; PROVIDING AN EFFECTIVE DATE. WHEREAS, the Town of Gulf Stream wishes to enter into an Interlocal Agreement with the City of Boynton Beach relating to annexation; and WHEREAS, a copy of said Interlocal Agreement is attached hereto and incorporated herein NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COMMISSION OF THE TOWN OF GULF STREAM, PALM BEACH COUNTY, FLORIDA AS FOLLOWS: SECTION 1. The Town Commission does hereby approve the Interlocal Agreement between the Town of Gulf Stream and the City of Boynton Beach, which Interlocal Agreement is attached hereto and made a part hereof, and hereby authorizes execution of same. SECTION 2. The effective date of this Resolution shall be immediately upon its passage by the Town of Gulf Stream. PASSED AND ADOPTED in a regular session assembled this day of , 2004. ATTEST: TOWN CLERK N:UCR\13147-01\Resolution Interlocal Agree w BB.doc UU,M,M1661UNER COM S IONER W. TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA COMMISSIONERS WILLIAM F. KOCH. JR. Mayor JOAN K. ORTHWEIN, Vice Mayor FRED B. DEVITT III ROBERT W. HOPKINS II WILLIAM A. LYNCH October 12, 2004 Janet Prainito, City Clerk City of Boynton Beach 100 E. Boynton Beach Blvd. Boynton Beach, FL 33435 Dear Janet: Telephone (561)276-5116 Fax (561)737-0188 Town Manager WILLIAM H. THRASHER Town Clerk RITA L TAYLOR Please find enclosed the fully executed Interlocal Agreement along with a copy of our Resolution 04-12. You may reach me at the above number if there are any questions. Very truly yours, Rita L. Taylor Town Clerk Encl. 100 SEA ROAD, GULF STREAM, FLORIDA 33483 COMMISSIONERS WILLIAM F. KOCH, JR. Mayor JOAN K. ORTHWEIN, Vice Mayor FRED O. DEVRT III CHRIS D. WHEELER MURIEL J. ANDERSON March 18, 2011 TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA Kurt Bressner, City Manager City of Boynton Beach 100 East Boynton Beach Boulevard Post Office Box 310 Boynton Beach, Florida 33425-0310 Dear Kurt: Telephone (561) 276-5116 Fax (561) 737.0168 Town Manager WILLIAM H.THRASHER Town Clerk RITA LTAYLOR As you know, the Town of Gulf Stream has annexed those properties described in Exhibit "A" attached hereto which are the subject of an Interlocal Agreement between the Town of Gulf Stream and the City of Boynton Beach, dated September 7, 2004. A copy of that Interlocal Agreement is also attached. As a result of said annexation, the terms and provisions of the Interlocal Agreement are no longer applicable. We would, therefore, request that our respective entities approve the Agreement to Rescind the Interlocal Agreement between the Town of Gulf Stream and the City of Boynton Beach dated September 7, 2004. Please find enclosed the Agreement the Town of Gulf Stream proposes, along with a copy of the Resolution of the Town of Gulf Stream agreeing to the rescission of the Interlocal Agreement. Thank you. Very truly yours, 'k,&. )�(% C� William H. Thrasher Town Manager 100 Sea, ROAD, GULF STREAM, FLORIDA 33483 1 RESOLUTION R04- 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 4 FLORIDA, AUTHORIZING EXECUTION OF AN 5 INTERLOCAL AGREEMENT BETWEEN THE CITY OF 6 BOYNTON BEACH AND THE TOWN OF GULF 7 STREAM, FLORIDA- AND PROVIDING AN 6 EFFECTIVE DATE. 9 t0 WHEREAS, the Town of Gulf Stream is foregoing it's right to annex 11 certain unincorporated properties lying near or adjacent to the corporate 12 boundaries of the Town of Gulf Stream in favor of the annexation by the City 13 of Boynton Beach, and; 14 WHEREAS, the unincorporated properties are not currently 15 contiguous to land within the jurisdictional of the City of Boynton Beach and 16 not immediately subject to annexation, and; 17 WHEREAS, staff has reviewed and recommends acceptance of the 16 Interlocal Agreement, a copy of which is attached hereto and made a part 19 hereof; 20 NOW, THEREFORE, BE IT RESOLVED BY THE CITY 21 COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, 22 THAT: 23 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed 24 as being true and correct and are hereby made a specific part of this Resolution 25 upon adoption hereof. 26 Section 2., Upon recommendation of staff, this Commission does hereby 27 authorize execution of this Interlocal Agreement between the City of Boynton Town of Gulf Stream - Annavalion.doc 1 2 3 4 5 6 7 6 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 1v1 u�r uo Beach and the Town of Gulf Stream, which Agreement is attached hereto and made a part here. e tion 3 That this Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this day of September, 2004. CITY OF BOYNTON BEACH, FLORIDA s:1CAtRESOIAgreemem3llntodocalsllntenooal Town of Gull Stream - Annexatlon.doo RESOLUTION NO. 04_12 A RESOLUTION OF THE TOWN COMMISSION OF THE TOWN OF GULF STREAM, PALM BEACH COUNTY, FLORIDA, APPROVING AN INTERLOCAL AGREEMENT BETWEEN THE TOWN OF GULF STREAM AND THE CITY OF BOYNTON BEACH; PROVIDING AN EFFECTIVE DATE. WHEREAS, the Town of Gulf Stream wishes to enter into an Interlocal Agreement with the City of Boynton Beach relating to annexation; and WHEREAS, a copy of said Interlocal Agreement is attached hereto and incorporated herein NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COMMISSION OF THE TOWN OF GULF STREAM, PALM BEACH COUNTY, FLORIDA AS FOLLOWS: SECTION 1. The Town Commission does hereby approve the Interlocal Agreement between the Town of Gulf Stream and the City of Boynton Beach, which Interlocal Agreement is attached hereto and made a part hereof, and hereby authorizes execution of same. SECTION 2. The effective date of this Resolution shall be immediately upon its passage by the Town of Gulf Stream. PASSED AND ADOPTED in a regular session assembled this day of ©cTu e r , 2004. UUMMI551UNER ATTEST: COM S TONER ZE TOWN CLERK C MMISSIONER N:UCR\13147-01\Resolution Interlocal Agree w BB.doc S61-737-0188 Town of Gulfstream 03:57:39 p rn 02-02-2010 2110 Roo -15q INTERLOCAL AGREEMENT 11__ THIS AGREEMENT shall be effective as of the �_ day of sq r , GULF STREAM, FLORIDA, and the CITY OF BOYNTON BEACH, FLORIDA. WITNESSETH: annexation of several unincorporated properties lying near or adjacent to the corporate boundaries of the Town of Gulf Stream; and IHEREAS, the Cityof t3oynton Beach has entered into certain agreements that .. property owners to annex into the City of Boynton Beach if and when the owner's property becomes contiguous to the City of Boynton Beach; and WHEREAS, said unincorporated areas are not currently contiguous to land within the iurisdictional limits of the City of Boynton Beach and, therefore, are no subject to annexation; and WHEREAS, the interest of the Town of Gulf Stream in annexing said properties presently existing in the unincorporated area and so as to assure that the density will not exceed six (6) units per acre; and properties in favor of annexation by the City of Boynton Beach subject, however, to the City of Boynton Beach agreeing that subsequent to annexation the height and density ',i;!L=;ft;�;� ��:requf�sgi�ctis refe;�encetZ.ftsr�wllkitt�x�e�ad --.:__ . _ - ._ NOW, THEREFORE, the parties to this Agreement hereby agree as follows: S61-737-0188 Town of Gulfstream 03:57:53 p m 02-02-2010 3110 Section 1. The Town of Gulf Stream shall noty seek to annex those unincorporated properties referenced herein as defined in Exhibit "A" attached hereto and will state no objection to said properties being annexed by the City of Boynton sh ui' o onWa�ic a`tte pT"�o` to t�neMIR p o �es`suBject; j however, to the City of Boynton Beach agreeing to the terms set forth herein. Section 2. In consideration for the agreement from the Town of Gulf Stream said annexation by the City of Boynton Beach, the City of Boyhten Beach, in consideration therefore, agrees that the properties annexed shall be subject to a binding included within the annexed properties may be constructed to a height in excess of 35 feet and that no density shall be allowed in excess of six (6) units per acre. 2 above shall be incorporated within the Zoning Code of the City of Boynton Beach and, to further assure said compliance, it shall be made a condition of any annexation _ _ • _ a e e. e • • r s - n r e . - . • e � • e r .. - e Boynton Beach that structures on said property shall not exceed the 35 foot height limitation or the six (6) unit per acre density requirement referenced herein. Sectton4.,. T er ofihis r e e is r eA re nt'se ect�ve,Y�� ,, ,; date through OG7: P —12030. Section 5. In the event of any litigation or administrative proceeding to settle issues arising hereunder, the prevailing party shall be entitled to recover against the 2 other party, its costs and expenses, including reasonable attorney's fees, which shall Include, but not be limited to, fees and costs for any appeal that may be taken. Section 6. This Agreement represents the entire understanding and agreement between the parties with respect to the subject matter hereof. Section 7. The preparation of this Agreement is considered a joint effort of the parties and, accordingly, this Agreement shall not be construed more severely against one of the parties than the other. Section B. All of the terms and provisions of this Agreement, whether so expressed or not, shall be binding upon, inure to the benefit of, and be enforceable by the parties and their respective legal representatives, successors and permitted "assigns. Section 9. If any part of this Agreement is contrary to, prohibited by or deemed invalid under applicable law or regulation, such provision shall be inapplicable and _... r..,,..... sn J' - 'z.. dg.._.... ... stir_. _ cacti .e.'_..-- --. �.n r ... _ �.♦ - .. __. __._"�-e2Cned� � i�8+'�e<fer#+a1Rff@r�9►eof=— --- _.. ' shall not be invalidated thereby and shall be given full force and effect so far as possible. Agreement shall be governed by and consbued and enforced in accordance with the laws of the State of Florida. Venue of all proceedings in connection herewith shall be exclus3veliin Pam Bea+C !t y l �d �# } C wawas w.bat� U respective rights may have been in the selection of venue. K 561-737-0188 Town of Gulfstream 03: S8: 18 pm- 02-02-2010 5/10 I,r ' riiY? ' . Kr t= sZ u.._ :., •, .�'e•,nz i`l�.y "� G4„R-y1 �{ t g •. IN WITNESS WHEREOF, the parties have set their hands and seals the day and year hereinafter written. '_,OYIfiSf ME -a Dated: /0- 5* - 0 2 /1pPR0V 70 FORM' u q'(Df UI Attest: _. n�N Agreement Boynton Beach Annexetlon.doc 11:: 11....J 43.„ 561-737-0188 Town of Gulfstream 03:59:24 p.m. 02-02-2010 6110 EXHIBIT "A" Vlsda, A . Rartments 4450. N Ocean Blvd. PCN: 00 43 45 34 00 002 0180 Vista Villas Condominium 4448 N. Ocean Blvd. PCN: 00 43 45 34 27 000 0000 4440 N. Ocean Blvd. PCN: 00 43 45 34 27 000 0000 Gulf Stream Villas South Condominium 4400 N. Ocean Blvd. Sea Ki-Uge Uondomn!Um 4300 N. Ocean Blvd. PCN: 00 43 45 34 29 000 0000 Sea Horse Bath & Tennis Club 4001 N. Ocean Blvd. Polo Ridge 3960 N. Ocean Blvd. PCN: 00 43 45 34 00 002 0280 & 0290 L'HermitaRe Condominium Ballantrae Condominium 4333 N. Ocean Blvd. PCN: 00 43 45 34 31 000 0000 3 95 X—.- -OFi-aE-B-1v`d`-- PCN: 00 43 45 34 30 000 0000 Gulfstream Manor Condominium Phase 1 3901 N. Ocean Blvd. St. Andrews Club (Tennis Courts) n/a (Office -4475 N. Ocean Blvd.) PCN: 0043 46 34 00 002 0390 561 737 0188 To of Gulfe2rea (13.58;35P.m. 02-02-2010 7/10 i '{ti ?l5 j i 7ix••z5-S-.r.. _ ... . - - _ _. ._ . _.T_ F _ ;y. _ a w'..v^s v� r �-.a;,:>.. - : ANL) REI;?,• r rr1�p,?� ,FAIRWAYS eU-Q r V • COUDO 5.2 OAt C-2- /6 — 1 o f d a•Su 6 DO•i - 11s,± _ ' N 940 777710- R 1 3,63AC N -- r Lc' + e r N l ae 295 "5 S T c' �7F ° OCEANY GULI.;I REAM I s S z CQ�Q GNDO " Cy�' 0 4 , its A , Yiluet�m� 16ALrLAr/PAG II CI c aeado v n�• EA ICJ ' RIDGE DO SEA MORSE ` - iii'.gIaY�N;'� ,7 �8 g rl 81 7 C;"p R 96q 1 12-R gF iLi AXAJfR . CAZ 29 34 Al si i0l r. 'le Y. 1y. - ,tY."vv-''�-. ...+ .. - M`.:':_. rx-•.cv,�- � .,x'v i�...`�"Zl�r��:�f`� ���,.�� .-+. , ,1 1.3 I �' Page 1 of 1 Rita Taylor From: Bill Thrasher Sent: Thursday, March 10, 2011 3:13 PM To: Rita Taylor Subject: FW: Interlocal Agreement with Boynton Beach Attachments: 1AB0821-bressner from thrasher re rescinding interlocal agreement.DOC; 1849538 -agreement to rescind interlocal agreement with boynton beach.DOC; 1845847 -resolution rescinding interlocal agreement with boynton beach re annex.DOC; 17G4796 -interlocal agreement boynton beach re annexation.pdf From: Randolph, John C. [mailto:jrandolph@jones-foster.com] Sent: Thursday, March 10, 20113:09 PM To: Bill Thrasher Subject: Interlocal Agreement with Boynton Beach Im I propose the attached letter, Agreement to Rescind Interlocal Agreement and Resolution relating to the Interlocal Agreement between the Town of Gulf Stream and the City of Boynton Beach, dated September 7. 2004. JOHN C. RANDOLPH John C. Randolph Attorney Direct: 561-650-0458 Fax: 561-650-0465 irandolph@qones-foster.com Jones, Foster, Johnston & Stubbs, P.A. Attorneys & Counselors 505 South Flagler Drive, Suite 1100, West Palm Beach, FL 33401 Telephone: 561-659-3000 Website U.S. Treasury Regulation Circular 230 requires us to advise you that written communications issued by us are not intended to be and cannot be relied upon to avoid penalties that may be imposed by the Internal Revenue Service. Incoming emails are filtered which may delay receipt. This email is personal to the named recipient(s) and may be privileged and confidential. If you are not the intended recipient, you received this in error. If so, any review, dissemination, or copying of this email is prohibited. Please immediately notify us by email and delete the original message. 3/11/2011 Page 1 of 2 Rita Taylor From: Bill Thrasher Sent: Wednesday, March 23, 2011 10:01 AM To: Rita Taylor Subject: FW: Intralocal Agreement From: Bressner, Kurt [mailto:BressnerK@bbfl.us] Sent: Wednesday, March 23, 20119:48 AM To: Bill Thrasher Subject: RE: Intralocal Agreement Bill, That's fine. Just send me the finished resolution after your meeting and I will place the item on our Commission agenda thereafter. Kurt Kurt Bressner, City Manager City of Boynton Beach, 100 E. Boynton Beach Blvd. P.O. Box 310, Boynton Beach, FL 33425-0310 (561)-742-6010 (office) or (561) 436-2328 (cell) http://www.boynton-beach.orp From: Bill Thrasher [mailto:bthrasher@gulf-stream.org] Sent: Tuesday, March 22, 20119:48 AM To: Bressner, Kurt Subject: RE: Intralocal Agreement Kurt, The Town has not, but will at our next meeting April 8, 2011. 1 didn't think the Town needed to call a special meeting on this since we have been corresponding regularly. However, if you think the Town should do so to help you, let me know and I will try to make that happen? Bill From: Bressner, Kurt [mailto:BressnerK@bbfl.us] Sent: Tuesday, March 22, 20118:03 AM To: Bill Thrasher Subject: Intralocal Agreement M - Did your Town Board adopt a recent resolution (2011) requesting the rescission of the ILA? It was not clear from your letter. That would be helpful to have from my end. 3/23/2011 Page 2 of 2 Thanks, Kurt Kurt Bressner, City Manager City of Boynton Beach, 100 E. Boynton Beach Blvd. P.O. Box 310, Boynton Beach, FL 33425-0310 (561)-742-6010 (office) or (561) 436-2328 (cell) htto://www.bovnton- beach.ore The information contained in this message is the property of the Town of Gulf Stream and may be privileged, confidential and protected from disclosure. If the reader of this message is not the intended recipient, or the employee or agent responsible for delivering this message to the intended recipient, you are hereby notified that any dissemination, distribution, reading or copying of this communication is strictly prohibited. If you have received this communication in error, please contact Gulf Stream immediately and destroy the material in its entirety, whether electronic or hard copy. 3/23/2011 Page 1 of 1 Rita Taylor From: Bill Thrasher Sent: Thursday, May 19, 2011 3:41 PM To: Rita Taylor Subject: FW: Agenda Item for June 5 Rescind Gulfstream BB Interlocal Attachments: GulfstreamBB20041nterLocalRescindReso.pdf; AgendaCvrGulfstreamBBlnterloca1060571.doc From: Bressner, Kurt [mailto:BressnerK@bbfl.us] Sent: Thursday, May 19, 20113:36 PM To: Swanson, Lynn Cc: Bill Thrasher; LaVerriere, Lori; Rumpf, Michael Subject: Agenda Item for June 5 Rescind Gulfstream BB Interlocal Lynn, Please find a draft agenda coversheet with backup from the Town of Gulfstream. Please review and prepare the necessary companion resolution for consent on June 5th. I am providing a copy of this material to Bill Thrasher and Mike Rumpf for their information. Thanks, Kurt PS: I will bring the originals down to you Kurt Bressner, City Manager City of Boynton Beach, 100 E. Boynton Beach Blvd. P.O. Box 310, Boynton Beach, FL 33425-0310 (561)-742-6010 (office) or (561) 436-2328 (cell) httv://www.boynton-beach.ora 5/19/2011 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: June 5, 2011 NATURE OF AGENDA ITEM ❑ OPENINGS NP:U BLICHEARING ❑ OTHER CITY MANAGERS REPORT ❑ ANNOUNCEMENTS/PRESENTATIONS ❑ UNFINISHED BUSINESS ❑ ADMINISTRATIVE ❑ NEw BusINESS ® CONSENTAGENDA ❑ LEGAL ❑ BIDS AND PURCHASES OVER $100,000 ❑ FUTURE AGENDA ITEMS ❑ CODE COMPLIANCE AND LEGAL SETTLEMENTS REQUESTED ACTION BY CITY COMMISSION: Resolution —Rescind Interlocal Agreement between City of Boynton Beach and Town of Gulfstream dated September 7, 2004. ExPLANATION OF REQUEST: The Town of Gulfstream has requested that the City of Boynton Beach rescind by resolution an Interlocal agreement dated September 7, 2004. The agreement dealt with zoning and land use of unincorporated property between Boynton Beach and Gulfstream should the property be annexed by the City of Boynton Beach. In March 2011, voters in Gulfstream and the subject unincorporated area voted to annex the property into the Town of Gulfstream, thereby making the 2004 agreement moot. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? No affect. Portions of the property are in the City of Boynton Beach Utility Service area. Those customers will continue to receive City of Boynton Beach Utilities, paying the out of city 25% surcharge. Annexation of the property into the Town of Gulfstream does not negate the surcharge. Any subsequent customers connecting to City of Boynton Beach Utilities from this area would also pay the 25% surcharge. Fire service to the area is now covered by the City of Delray Beach via an Interlocal agreement the Town of Gulfstream has with the City of Delray Beach. Previously, Palm Beach County Fire Rescue provided fire service to this area. Boynton Beach never provided fire rescue service except on an emergency mutual aid basis. Police service transferred from Palm Beach County Sheriff to the Town of Gulfstream. Boynton Beach never provided police service to this area. FISCAL IMPACT: None ALTERNATIVES: The annexation of the property makes the 2004 agreement moot. RESOLUTION NO. 011-6 A RESOLUTION OF THE TOWN COMMISSION OF THE TOWN OF GULF STREAM, PALM BEACH COUNTY, FLORIDA, AGREEING TO RESCIND THE INTERLOCAL AGREEMENT BETWEEN THE TOWN OF GULF STREAM AND THE CITY OF BOYNTON BEACH DATED SEPTEMBER 7, 2004 REGARDING ANNEXATION OF UNINCORPORATED PROPERTIES SUBJECT TO THE CITY OF BOYNTON BEACH AGREEING TO THE RESCISSION OF SAID INTERLOCAL AGREEMENT; PROVIDING AN EFFECTIVE DATE. WHEREAS, the Town of Gulf Stream and the City of Boynton Beach entered into an Interlocal Agreement, effective September 7, 2004, relating to annexation of unincorporated properties, a copy of which Interlocal Agreement is attached hereto; and WHEREAS, the Town of Gulf Stream is willing to rescind said Intedocal Agreement upon mutual agreement of the City of Boynton Beach. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COMMISSION OF THE TOWN OF GULF STREAM, PALM BEACH COUNTY, FLORIDA, THAT: SECTION 1: The Town Commission of the Town of Gulf Stream, Palm Beach County, Florida, hereby agrees to rescind the Interlocal Agreement referenced herein and attached hereto, subject to the mutual agreement of the City of Boynton Beach to rescind said agreement. SECTION 2: The Town Commission hereby authorizes the Mayor to execute an Agreement rescinding the Interlocal Agreement referenced herein, which Agreement shall become effective upon the execution by the appropriate representatives of the Town of Gulf Stream and the City of Boynton Beach. SECTION 3: This resolution shall become effective immediately upon passage. PASSED AND ADOPTED in a regular session assembled this 8th day of Aprit 2011. ATTEST: 11CA. TOWN CLERK cr- COMMISSIONER CO ISSIONER COMMISSIONER FAX Cover Sheet TO: Attny. Randolph Phone: Fax Phone: Date: 6-28-11 Number of pages including cover sheet: 13 RITA FROM: Town of Gulf Stream 100 Sea Road Gulf Stream, FL 33483 Phone: 561-276-5116 Fax Phone: 561-737-0188 REMARKS: ❑ As Requested ❑ Urgent ❑ FYI ❑ For Your Review ❑ Reply ASAP Enclosed is my file related to the Agreement to Rescind Interlocal Agreement with Boynton. Please note that Boynton T -M sent the agreement we executed to his legal department. Also, he apparently included a copy of it in his consent packet. If you have any questions, give me a call. Driiginals to Follow by Mail: Yes CC: Fax Phone: No x