HomeMy Public PortalAboutRES 06/03RESOLUTION NO. 006 -03
A RESOLUTION OF THE TOWN OF GULF STREAM,
FLORIDA, AUTHORIZING THE MAYOR AND TOWN
CLERK TO EXECUTE AN INTERLOCAL AGREEMENT
WITH THE MUNICIPALITIES OF OCEAN RIDGE,
MANALAPAN, SOUTH PALM BEACH, AND PALM
BEACH FOR COORDINATING AND THE PAYMENT OF
FEES FOR INTERVENING IN THE ACTION WITH THE
FLORIDA DEPARTMENT OF TRANSPORTATION
OPPOSING FIVE FOOT BIKE LANES ALONG AIA;
PROVIDING FOR SEVERABILITY; PROVIDING FOR
REPEALER; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the initiation of a lawsuit by Bruce Rosenzweig, Boca Raton
Bicycle Club and the League of American Bicyclists against the Florida Department of
Transportation seeking relief to force the Florida Department of Transportation to
abandon plans for a three -foot shoulder in favor of a five -foot shoulder along AIA may
have significant adverse impacts on the Town of Ocean Ridge, Gulf Stream, Manalapan,
South Palm Beach and Palm Beach; and
WHEREAS, it is of mutual benefit to the residents of the Town of Ocean Ridge,
Gulf Stream, Manalapan, South Palm Beach and Palm Beach to coordinate their efforts
and share in the costs of intervening in the action in support of the Florida Department of
Transportation;
WHEREAS, the Town of Gulf Stream desires to enter into an Interlocal
Agreement with Ocean Ridge, Manalapan, South Palm Beach and Palm Beach for
coordinating intervention in support of the Florida Department of Transportation in the
lawsuit brought against it by Bruce Rosenzweig, Boca Raton Bicycle Club, and the
League of American Bicyclists; and
WHEREAS, such Interlocal Agreement has have been prepared, a copy of same
being attached hereto.
NOW THEREFORE, BE IT RESOLVED BY THE TOWN COMMISSION
OF THE TOWN OF GULF STREAM, FLORIDA, THAT:
Section 1. The foregoing "Whereas" clauses are hereby ratified and
confirmed as being true and correct and are hereby incorporated herein.
Section 2. That the Mayor be authorized to execute the Interlocal Agreements
with Ocean Ridge, Manalapan, South Palm Beach and Palm Beach, copies of which are
attached hereto.
Section 3. If any section, subsection, clause or provision of this Resolution is
held invalid, the remainder shall not be affected by such invalidity.
Section 4. All resolutions or parts of resolutions in conflict herewith shall be
and hereby are repealed.
Section 5. This Resolution becomes effective immediately upon its passage
and adoption.
PASSED AND ADOPTED in a regular session assembled this 8th day of
September, 2006.
ATTEST:
TOWN CL RK
AGREEMENT
Between
THE TOWN OF OCEAN RIDGE
And
GULF STREAM
COORDINATING INTERVENTION IN SUPPORT OF THE FLORIDA
DEPARTMENT OF TRANSPORTATION IN THE ACTION BROUGHT
AGAINST IT BY BRUCE ROSENZWEIG, BOCA RATON BICYCLE CLUB AND
THE LEAGUE OF AMERICAN BICYCLISTS
This is an Agreement made and entered into by and between THE TOWN OF
OCEAN RIDGE, a municipal corporation located in Palm Beach County, Florida, and
organized and existing under the laws of the State of Florida ( "Ocean Ridge ")
GULF STREAM, a municipal corporation located in Palm Beach County,
Florida, and organized and existing under the laws of the State of Florida ( "Intervening
Party ").
All municipalities within Palm Beach County entering into agreements with
Ocean Ridge to intervene in support of the Florida Department of Transportation in the
action brought against it by Bruce Rosenzweig, Boca Raton Bicycle Club and The
League of American Bicyclists (as set forth in further detail below) shall be collectively
referred to as the "Intervening Parties ".
WITNESSETH
WHEREAS, the initiation of a lawsuit by Bruce Rosenzweig, Boca Raton Bicycle
Club and the League of American Bicyclists against the Florida Department of
Transportation seeking relief to force the Florida Department of Transportation to
abandon plans for a three -foot shoulder in favor of a five -foot shoulder along AIA may
have significant adverse impacts on the Town of Ocean Ridge and Intervening Parties;
and
WHEREAS, in addition to Intervening Party and Ocean Ridge, it is anticipated
that the municipalities of Manalapan, South Palm Beach, and Palm Beach will join as
Intervening Parties through agreements substantially identical as this Agreement; and
WHEREAS, it is of mutual benefit to the residents of the Intervening Parties to
coordinate their efforts and share in the costs of intervening in the action with the Florida
Department of Transportation;
NOW THEREFORE,
IN CONSIDERATION of the mutual terms, conditions, promises, covenants, and
payment hereinafter set forth, the Intervening Party agrees as follows:
1.1 Ocean Ridge is hereby designated the Intervening Parties' "Lead Agency" and
shall, after notice and consultation with the other Intervening Parties as set forth below,
make all strategic decisions regarding the intervention in the action with the Florida
Department of Transportation, shall serve as liaison to the Firm (as defined below) and
shall keep the Intervening Parties informed as to the status of the Intervening Parties'
efforts in the intervention. To the extent reasonably practicable, Ocean Ridge will
communicate with Managers and Municipal Attorneys of each of the Intervening Parties
regarding any strategic operational decisions at least five days before implementing the
decision to allow the Managers and Municipal Attorneys time to provide input to Ocean
Ridge. In addition, to the extent reasonably practicable, the Firm will communicate to
the Municipal Attorneys of each of the Intervening Parties drafts of all complaints,
dispositive motions and other important Court filings at least two days before fling such
documents with the Court to allow the Municipal Attorneys time to provide input and
comments to the Firm. Notwithstanding the foregoing, the Intervening Parties shall have
the right to approve, prior to filing, the causes of action and the factual support thereof, in
the initial complaint and any amendments thereof. In addition, Ocean Ridge will
schedule regular meetings of the Managers and Municipal Attorneys of the Intervening
Parties to provide a status report regarding the intervention and to discuss strategy.
1.2 The law firm of Lewis, Longman & Walker, P.A. (the "Firm ") shall represent the
Intervening Parties, pursuant to its agreement with the Lead Agency, a copy of which is
attached, and shall hire all necessary consultants and lobbyists (subject to approval by the
Lead Agency) to accomplish the goals set forth above (the "Representation ").
1.3 The Intervening Party has agreed to share the costs of the Representation with the
Intervening Parties in even pro rata shares based on the number of Intervening Parties in
an amount not to exceed $7,000.00. Any additional expenditures shall require written
approval of the Intervening Party.
1.4 The costs of the Representation include attorneys' fees, consultant fees, lobbyist
fees and out of pocket expenses, including costs incurred prior to the date hereof
(collectively, the "Expenses ").
1.5 The Firm's invoices shall be submitted to, and paid by the Lead Agency on a
monthly basis. The Lead Agency shall send each Intervening Party an invoice for its
respective share of the Expenses not more frequently than on a monthly basis.
1.6 This Agreement may be terminated by either party, upon a sixty (60) days written
notice given by the terminating party to the other party; however, in the event the
Intervening Party terminates this Agreement, then the Intervening Party shall remain
responsible for its pro rata portion of the Expenses incurred through the effective date of
the termination.
1.7 The Intervening Party acknowledges and consents to the participation of local
municipalities in this coordinated intervention into the action brought against the Florida
Department of Transportation and understands that the municipalities participating as
Intervening Parties may vary from time to time.
IN WITNESS HEREOF, the parties hereto have made and executed this Agreement on
respective dates under each signature: THE TOWN OF OCEAN RIDGE, signing by and
through its Mayor, authorized to execute same on this day of
' 2006, and GULF STREAM, signing by and through its
Mayor (or other authorized individual), duly authorized to execute same.
ATTEST:
Approved as to form by
Town Attorney
ATTEST:
Approved as to form by
Town Attorney
By: John C. Randolph
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THE TOWN OF OCEAN RIDGE
Mayor
Date:
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