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Home My Public Portal AboutRES 11/06RESOLUTION 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 3th day of April , 201 1. ATTEST: TOWN CLERK P: \DOGS \13147 \00001 \DOC \1845847. DOC OWN F GULF ST EA AYO R Vl AYOR COMMISSIONER JI1 CO ISSIONER COMMISSIONER Ro4- Itiq INTERLOCAL AGREEMENT THIS AGREEMENT shall be effective as of the 7 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 Cf Guif Styearn; 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 cif{ (0) 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 Bead 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 OC & , 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. Ail of the terms and provisions of This f4t.greem!.:nt, 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 sha!I 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 Z0 Att( Dated: /0- Y- 0 CITY OF BOYNTON BEACH By / a!'� Its ApyROV S TO FORh1: d4( Attest: 0 CM ATTORNEY 5 Dated: N: \JCR \13147- 01 \Interlocal Agreement Boynton Beach 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' Hermi tage 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 ti HILL R,_ - ST A 111 U R t✓t ��^`HcoMbc ti FAIRWAYS 00 10—Q CONDO " U �c � o 0 N 8/6 N 940 r i y , � •N �1 �,p` r•� OCEAM ~u COND 4• BA L LANTR�, / (�y CONDOMINIUM CJ J� I ,�z ? 37 �. HORSE �o MANOR � { .CO#DO 1 F.A, s.� I r'