HomeMy Public PortalAbout10/09/1987N
COMMISSIONERS
TOWN OF GULF STREAM
PALM BEACH COUNTY. FLORIDA
WILLIAM F. KOCH. JR., Mayor
ALAN I. ARMOUR, Vice Mayor
LAWRENCE F STAHL
JAMES T. SKELLY, JR,
JAMES E. CROSS
AGENDA
COMMISSION MEETING
OCTOBER 9, 1987
1. Roll Call.
2. Approval of Minutes Budget Hearing September 8, 1987,
regular Commission Meeting, September 11, 1987 and
Budget Hearing September 18, 1987.
3. Financial Report.
4. Police Report.
5. Planning and Zoning Board report.
a. Request by Mrs. Scott Tiernan to divide
a portion of their garage into a maids quarters.
b. Site Plan review - Mr, and MRs. Hedendal, 3345
Oleander Way to add an extension to their existing
residence.
c. Site Plan review - Mr. and Mrs. Natapow, to
build a single family residence, Lot 1, Pope
sub - division.
6. SECOND and FINAL reading of Ordinance 87 -5.
PROVIDING FOR RESTRICTIONS RELATING TO THE
PROTECTION OF "SEA TURTLES ".
7. SECOND and FINAL reading of Ordinance 87 -6.
AMENDING ITS CODE OF ORDINANCES TO REFLECT
CHANGES MADE IN CERTAIN RATES.
8. Commission Comments,
9. Public Comments,
10. Adjournment.
a
MAIL ADDRESS
100 SEA ROAD
GULF STREAM FLORIDA
TEL: TREAM
2785116
Town Manager
WILLIAM E. GWYNN
Assistant Town Manager-Town Clerk
BARBARA GWYNN
Chief of Police
JAMES GREER
i.
TOWN OF GULF STREAM
PALM BEACH COUNTY, FLORIDA
COMMISSIONERS
MAIL ADDRESS
100 SEA ROAD
WILLIAM F. KOCH, JR., Mayor
GULF STREAM, FLORIDA
ALAN I ARMOUR. Vice Mayor
TEL.: GULF STREAM
LAWRENCE E STAHL
TUVN CC MISSION M LNG
2765116
JAMES T. SKELLY, JR.
JAMES E. CROSS
Town Manager
MIN=
WILLIAM E. GWYNN
Assistant Town Manager Town Clerk
BARBARA GWYNN
T._.. o
0c t 9, 1987
Chief of Police
—r
JAMES GREER
The meeting was called to order at 9:00 a.m. by Vice -Mayor Alan I. Armour, presiding.
1. Roll Call
Present: Alan I. Armour Vice -Mayor
James E. Cross Conudssioner
James T. Skelly, Jr. Commissioner
Lawrence E. Stahl Commissioner
Also present: Joyce Conway
Barbara Gwynn
William Gwynn
James Greer
William Mayer
Mr. Nichols
Mrs. Natapow
Town Attorney's Office
Town Clerk
Town Manager
Chief of Police
Chairman, Planning & Zoning Board
For Mr. and Mrs. Natapow
Absent: William F. Koch, Jr_ Mayor
2. Minutes
On motion duly made and seconded the Minutes of the September 8, 1987 meeting
of the Town Co mtission were approved.
The Minutes of the September 11, 1987 meeting of the Town Commission were
amended as follows: The third paragraph, page two, item number 4, relating to
the Gate House at Place Au Soleil shall read "After further discussion the
co mission approved a motion duly made and seconded that all construction
expenses associated with said Gate House will be borne by Place Au Soleil and
that includes utilities, road repairs, landscaping, telephone lines and anything
to do with the construction and that it will be turned over as a cmpleted
package to the Town ". Also, the last line of the second paragraph, be changed
to read that the Place Au Soleil Hare Owner's Association would not be held
responsible for the maintenance of the Gate House upon completion of construction.
On Motion duly made and seconded the amended Minutes of the September 11, 1987
meeting were approved.
On Notion duly made and seconded the Minutes of the September 15, 1987 meeting
were approved.
Tab Commission Meeting
October 9, 1987
Minutes
Page Two
3. Financial Report
on Notion duly made and seconded the Commission accepted the Financial
Report for September, 1987 presented by Town Manager Wn. Gwynn.
4. Police Report
Police Commissioner Cross congratulated Chief Greer on his recovery from
injury received while apprehending a suspect and on the excellent performance
of one of his officers namely, William Henry. Mr. Cross then read the
Commendation given to Officer Henry by Chief Greer, copy of which is
attached to these Minutes. Commissioner Cross endorsed the Commendation and
stated that a signed copy of this Commendation will be prepared.
Chief Greer reported on his department's activities during the past month
in detail. Chief Greer then read a letter from Ms. L. Kim Jones of the
Department of Natural Resources thanking the Gulf Stream Police Department for
the assistance, perseverance and support given the effort to protect the
sea turtles and their nests.
5. Planning and Zoning Board Report - Site Plan Review
(a) Request by Mrs. Scott Tiernan to divide portion of garage into maid's
quarters.
In order to keep the Ccnmission informed, Mr. Mayer presented the
site plan stating that said plan must be submitted if a certain amount
of money is expended. No action need be taken by the Commission.
(b) Mr. and Mrs. Hedendal, 3345 oleander Way, to add extension to existing
residence.
Inasmuch as the construction meets all Town of Gulf Stream requirements
and no variance is needed, the Commission, on motion duly nude and
seconded, approved this request.
(c) Mr. and Mrs. Natapow, Lot 1, Pope sub - division, to build a single - family
residence.
To confirm previous agreement on the maintenance of the cul-de -sac (a
public road) the Commission requires the owner's attorney corroborate
this agreement in a written instrument to the Commission prior to the
issuance of a Permit. All other requirements having been met the
Commission, on motion duly made and seconded, approved this request.
6• Second and Final reading of Ordinance 87 -5 of the Town of Gulf Stream. Mr. (XVy=
read the Title as follows:
AN ORDINANCE OF THE TOWN COMNIISSION OF THE 'TOWN OF GULF STREAM,
PALM BEACH COUNTY, FLORIDA, PROVIDING FOR RESTRICTIONS RELATING
TO THE PROTECTION OF "SEA TURTLES "; PROVIDING FOR ENFORCEMENT;
PROVIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE.
On Motion duly made and seconded the Commission approved said Ordinance.
Tov,n Commission Meeting
October 9, 1987
Minutes
Page Three
7. Second and Final reading of Town of Gulf Stream Ordinance 87 -6. Mr.
Gwynn read the Title of said Ordinance entitled:
AN ORDINANCE OF THE TOWN OF GULF STREAM, PALM BEACH
COUNTY, EWRIDA. AMENDING ITS CODE OF ORDINANCES TO
REFLECT CHANGES MADE IN CERTAIN RATES, PERCENTS AND
FEES AS NOW CONTAINED IN THE ORDINANCES. THESE
ANTI MENTS ARE THE RESULT OF THE MANAGEZAENT r,r -rmF:R FROM
ERNST & WHINNEY, CERTIFIED PUBLIC ACCOUNTANTS, AND
CONTAINED IN THE AUDIT REPORT FOR THE YEAR ENDED
SEPraviBER 30, 1987.
On Motion duly made and seconded the Commission approved the Ordinance.
8. Mr. Gwynn read a letter from F.I.N.D. regarding the land known as the
"spoil area" and the Town of Gulf Stream request to lease said area.
The letter stated that the Board of Directors of F.I.N.D. at its
meeting on September 11, 1987 concurred in the Town of Gulf Stream
request to lease the north side of the area. Said lease will be
sent to the Town Commission of the Town of Gulf Stream for review
and approval prior to final approval by the Board of Directors of F.I.N.D.
Discussion was held on the Treasure Coast Regional Planning Council meeting of
September 18, 1987. The Commission will review the draft of the Comprehensive
Plan with Terry Clark in the near future, possbily at a working meeting.
9. Mr. Armour requested comments from the public.
10. There being no further business the meeting was adjourned at 9:25 a.m.
Town C1
90UJl2 Of 0U f cStTEam
POLICE DEPARTMENT
James W.
Chief of Policer
C(MENDATION
On April 3, 1987, on -duty officer William Henry was driving on Federal Hwy, in
the City limits of Boynton Beach, when he was flagged down by a motorist. After
stopping his vehicle and approaching the driver of the vehicle which had an
apparent problem, Officer Henry discovered a passenger in the vehicle slumped
over and unconcious. Officer Henry quickly examined the victim and noted that
she was not breathing. Officer Henry then administered aid and breathing was
restored. At this time, victim, later identified as Barbara Curry, experienced
a seizure and began choking. CDC (dispatch) was notified to send the Boynton
Beach paramedics /fire rescue. Officer Henry continued to give aid until the
arrival of the emergency units. By this time the victim was breathing again
and in a calm state. Victim was then transported to Bethesda Hospital where
she remained for ten days.
The paramedics at the scene have advised that Officer Henry acted in a very
professional and knowledgeable manner, and in all probability, may have saved
the life of the victim.
The victim has stated that Officer Henry acted in a very calm and knowledgeable
manner and was able to sooth even her mother (the driver of the vehicle), who
had apparently become very upset over the incident. The victim does not remem-
ber too much about the incident, but does feel that Officer Henry may have saved
her life.
Due to the above facts, it is my opinion that Officer William Henry deserves the
honor of his Commendation. I am very proud to have an officer of his professional
calibre employed by the Town of Gulf ,Stream.'
Sincerely,
c.James W. Greer
Chief of Police
C'
246 Sea Road, Gulf Stream, Florida 33444
Administration 278.8611 or 736.0404
L. KIM JONES
PROFESSIONAL ENGINEER
4600 N. OCEAN BLVD.
BOYNTON BEACH, FLORIDA 33435
305/278-0118
October 7, 1987
Chief James W. Greer
GULF STREAM POLICE DEPARTMENT
246 Sea Road
Gulf Stream, Florida 33483
Dear Chief Greer:
It is with extreme gratitude and appreciation that I compose this
letter of thanks to you, and your force, for all the assistance,
perseverance and support which you gave to me this summer.
I cannot tell you how relieved I was to hear that you had
successfully apprehended our individual which repeatedly drove
his ATC over the turtle nests. I realize that this was a task
which required long hours and proper planning. The end result,
however, was an arrest and I give your force full credit for this
feat.
I would also like to mention to you that I have notified my
cohorts in the Department of Natural Resources of your initiation
of a voluntary beach lighting ordinance to protect not only our
nesting females but our hatchlings from disorientation and severe
vulnerability; as well as voicing strong encouragement to protect
nests and hatchlings on beaches which are cleaned by mechanical
means.
I regret that I cannot summarize more effectively all the time
and effort you have put into the protection of our threatened and
endangered sea turtles, however, I believe that we both feel
comfortable in knowing we have done our part in an attempt to
save a species which has survived for over one hundred fifty
million years yet, only now, cannot produce young in sufficient
numbers to continue its existence.
I thank you.
Very rul yours,
L?la/
Miss L. Ki Jones, P.E.
LKJ /dr
CC: Board of Commissioners
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TOWN OF GULF STREAM
Financial Report
October, 1987
Balances 9/30/87
Deposits
Withdrawals
Balances 10/31/87
Receipts
Transfer from MMA
Cable T.V. Franchise
Fines
Lot mowing
Licenses
Water
Trash
Other
Permits
County Gas Tax
Cigarette Tax
Invested Funds
General Funds
Water
Dredging
Sinking
OPERATING ACCOUNT
$ 32,712.48
98,305.68
87,119.84
43,898.32
50,000.00
619.81
745.25
60.00
6,229.43
30,859.16
6,956.00
116.08
776.00
1,790.25
153.70
TOTAL $98,305.68
68,986.67
62,460.08
49,350.60
4,392.78
FINANCIAL REPORT (Cont'd.)
October 1987
#5205 Barnett Bank
5206 Barnett Bank
)7 Delray Municipal Credit Union
J208 U.S.C.M.
5209 American Bankers Ins. Program
5210 American Bankers Ins. Program
5211 Clarence Sova
5212 Florida League of Cities
5213 City of Delray Beach
5214 Palm Beach Newspapers
5215 R & R Uniforms, Inc.
5216 Resource Engineering & P1an.Inc.
5217 Western Auto Assoc. Store
5218 AT &T
5219 County Sanitation
5220 Ernst & Whinney
5221 Dry Cleaning Unlimited
5222 FCCMA
5223 Florida League of Cities
5224 Florida Shore & Beach Preservation
5225 William E. Gwynn, Accountant
5226 William E. Gwynn, Accountant
5227 Telpage Palm Beach
5228 Kirk Materials, Inc.
5229 Maury's Tool Chest, Inc.
5230 Edgar Office Supply Co.
5231 Max Davis Assoc.
32 Milner Document Products
33 Town of Ocean Ridge
5234 Ocean City Lumber Co.
5235 Palm Bch. Co. Mun. League
5236 Purity Uniforms
5237 Southern Bell
5238 Scott Electrical Constr. Corp.
5239 Southern Bldg. Code Congress Int.
5240 Bethesda Radiology Assoc.
5241 FL Mun. Health Trust Fund
5242 Smith & Wesson Academy
5243 Anne R. Ford
5244 Bo -Del
5245 Max Davis
5246 City of Delray Beach
5247 Doctor's Answering Service
5248 Easy Pay Trie Stores
5249 F P & L
5250 Flagcraft, Inc.
5251 Fairchild - Lowell Corp.
5252 Hand's Office Supply
5253 Harvel & DeLand
5254 Johnston, Sasser, Randolph, etc.
5255 Midway Garden Center
5256 New of Delray Beach
G ')57 Superior Surgical
;8 So. FL Laundry & Drycleaners
:,159 Standard Sanitary Supplies
Page 2
Employee Payroll
Payroll taxes
Employee
Employee
Flood Insurance
Flood Insurance
Reimbursement for supplies
AD & D Coverage
Water
Advertisement
Uniforms
F.I.N.D.
Police and Sanitation
September
October service
Professional Services for year end 9/30/87
Police Dept.
Membership dues 1987 -1988
Annual membership 1987 -1988
Membership dues 1987 -1988
Accounting, Sec'y. Svcs., & Car Allow.
Computer water bi- monthly billing svcs.
Pagers - Police & Public Works
Trash hauled for residents
Public Works
Police Dept.
Town Hall Supplies
Police Dept.
Qtr. Installment Fire Contract
Public Works
Annual dues
Public Works
Public Works
Fountain Light Timer
Membership - 1987 -1988
Police Emergency
Insurance Premium - Employee
Police Dept.
Minutes - P &Z - Town Comm.
Police Dept.
Paper
Water
October service
Police Dept.
Street, Police. Dept., Public Works, T.H.
Flags - Town Hall
Appreciation Plaque from Police Dept.
Town Hall and Office Supplies
Water Meter Main. Sept.
Legal Fees
Sod - Town Hall
Ad - Tax
Uniforms
Police Dept.
Cleaning Supplies
FINANCIAL REPORT (Cont'd.)
Page 3
October 1987
#t .60
Bill Wallace Ford
Police Dept.
it
Barnett Bank
Employee payroll
5262
Barnett Bank
Payroll taxes
5263
Delray Mun. Emp. Credit Union
Employee
5264
U.S.C.M.
Employee deferred comp.
5265
I.D.S.
Employee Pension Fund.
5266
Palm Beach Jr. College
Police Dept.
5267
Broward Comm. College
Police Dept.
5268
FL Mun. Health Trust Fund
Employee
5269
southern Bell
Town Hall
5270
Town of G.S. - Police Chief Acct.
Replenish checkbook
TOTAL
42.50
10,933.94
4,746.62
1,142.44
995.00
2,587.75
7.00
55.00
2,517.60
243.19
293.41
$87,119.84
COMMISSIONERS
William F. Koch, Jr., Mayor
Alan I. Armour, Vice Mayor
Robert J. Dlxson
Brian Pfelfler
James E. Cross
TOWN OF GULF STREAM
PALM BEACH COUNTY, FLORIDA
November 5, 1987
The following pay scale is hereby adopted for the
Fiscal Year 10/1/87 - 9/30/88
Chief
Captain
Sergeant
Patrolman
Police Secretary
Manager
Sanitation Supervisor
Sanitation Assistant
Assistant Town Manager & Town Clerk
Sanitation Driver Assistant
Code Enforcement Officer
42,343
32,632
27,600
21,925 - 26,024
19,466
30,593
25,022
18,304
20,000
18,076
9,600
MAIL ADDRESS
100 SEA ROAD
GULF STREAM, FLORIDA
33444
TEL.: GULF STREAM
2765116
Town Manager
WILLIAM E. GWYNN
Aaalstanl Town Manager-Town Clerk
BARBARA GWYNN
Chief of Police
JAMES GREER
ORDINANCE NO. 87 -5
AN ORDINANCE OF THE TOWN COMMISSION OF THE TOWN OF GULF
STREAM, PALM BEACH COUNTY, FLORIDA, PROVIDING FOR RESTRICTIONS
RELATING TO THE PROTECTION OF "SEA TURTLES "; PROVIDING FOR
ENFORCEMENT; PROVIDING FOR CODIFICATION; PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the Town of Gulf Stream, Florida has included within
its corporate limits oceanfront beaches which serve as a nesting
habitat for sea turtles; and
WHEREAS, existing and proposed development threatens the
survival of turtle hatchlings because improper location of
artificial light may cause disorientation in young hatchlings;
and
WHEREAS, at least three species of sea turtles have been
identified as a threatened and endangered species by Federal
and State laws; and
WHEREAS, the protection of sea turtles and hatchlings are
Of significant interest and concern to the Town of Gulf Stream;
and
WHEREAS, the Town of Gulf Stream has and intends to continue
to encourage volunteer individuals or groups who are licensed
by the state to pursue turtle monitoring programs for the
protection of turtle nests and hatchlings by identifying nests
and relocating them if they are endangered; and
WHEREAS, this ordinance is necessary to protect the natural
reproductive cycle of sea turtles during the nesting and hatchling
season which runs from approximately April 1- through October
31 of each year; and
WHEREAS, it is the desire of the Town Commission of the
Town of Gulf Stream to opt out of the Palm Beach County Sea Turtle
Protection Ordinance;
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND TOWN COMMISSION
OF THE TOWN OF GULF STREAM, FLORIDA AS FOLLOWS:
SECTION I. Purpose.
The purpose of this ordinance is to protect the threatened
and endangered sea turtles which nest along the beaches of the
Town of Gulf Stream Florida by safegarding the sea turtles and
hatchlings from the impact of artificial light.
SECTION II. Lighting Restriction alona the Beach
The "Beach" is defined for purposes of this ordinance as
being that land along the Atlantic Ocean extending either to
the dune or permanent vegetation within the Town Limits of the
Town 'of Gulf Stream. All oceanfront property owners are strongly
encouraged to insure that no artificial light shall illuminate
any area of the beach which may be used for turtle nesting and
hatchlings. In order to accomplish this, the Town strongly
encourages that all lighting shall be positioned or shielded,
so that the light is not a visible source from the beach during
the night period from April 1 to October 31 of each year. "Night
Period" is defined herein as being that time after 10:00 p:m.
through 7:00 a.m.
SECTION III. Town
Town and Florida Power and
lighting at parks and any Town
be subject to the following:
& Light Owned Li
Light owned street lights and
owned beach access areas, shall
(a) Whenever possible, such street lights shall be located
so that the bulk of their illumination will travel away from
the beach. Such lights shall be equipped with shades or shields
that will, to the extent practical, prevent back lighting and
render such lights not visible from the beach.
(b) Lights at parks or other public beach access points
shall be properly positioned or shielded; or, to the extent same
are determined by the Town not to be necessary for public safety
purposes, shall not be utilized during the period April 1 to
October 31 of each year.
(c) Enforcement and Penalty. This ordinance shall be
enforced in accordance with the provisions of the Code of
Ordinances of the Town and /or other applicable law.
SECTION IV.
For future oceanfront development, the Town shall review
proposed plans and strongly encourage the applicant to insure
that artificial light sources are positioned or shielded so as
not to illuminate any area of the beach which may be used for
sea turtle nesting and hatchlings.
SECTION V.
The Town strongly encourages that all mechanical beach
cleaning activities designed to remove debris from the beach
be conducted so as not to damage, alter, or destroy sea turtle
nests or hatchlings. If complaints are received and the Town
has probable cause to suspect that mechanical beach cleaning
activities are damaging, altering or destroying sea turtle nests
or hatchlings, the Town shall promptly notify the Florida
Department of Natural Resources or other appropriate State or
Federal regulatory agencies for appropriate enforcement actions.
SECTION VI.
The Town via the Police Department shall enforce applicable
Federal and State laws and this ordinance if damage to sea turtles,
sea turtle nests or hatchlings is observed and in addition, the
Police Department shall promptly notify the Florida Department
of Natural Resources or other Federal or State regulatory agencies
for their additional enforcement actions and their direct
supervision and assistance to relocate nests and /or hatchlings.
SECTION VII. Severability.
In the event that any court of competent jurisdiction shall
hold that any provision of this ordinance is invalid or
unenforceable, the same shall not effect the validity of the
ordinance as a whole, or any part thereof other than the part
so declared to be invalid.
SECTION VIII. Codification.
This ordinance shall be codified and made a part of the
official Code of Ordinances of the Town of Gulf Stream, Florida.
SECTION IX. Repeal of Conflicting Ordinances.
All ordinances or parts of ordinances in conflict herewith
are hereby repealed or amended to be consistent with the terms
of this ordinance.
SECTION X. Effective Date.
This ordinance shall take effect immediately upon its passage
and approval, as provided by law.
PASSED AND ADOPTED ON SECOND
DAY OF OCTOBER , 1987.
MAYOR
READING THIS 9th
ATTEST:
Town Clerl
TOWN OF GULF STREAM
PALM BEACH COUNTY. FLORIDA
COMMISSIONERS
MAIL ADDRESS
100 SEA ROAD
WILLIAM F. KOCH, JR., Mayor
GULF STREAM. /LF,LORIDA
ALAN I. ARMOUR, Vice Mayor
TEL GULI STA;�M
LAWRENCE E. STAHL
2765116
JAMES T. SKELLY, JR.
JAMES E. CROSS
Town Manager
WILLIAM E. GWYNN
Assistant Town Manager Town Clerk
BARBARA GWYNN
TO: TOWN COMMISSIONERS
Clilof of Polic rr
JAMES GREER
FROM: BUILDING DEPARTMENT
Please add to your Agenda, under Planning and
Zoning.
A request from Mr. Harold Greenwood to construct
an addition to his existing residence, 3603 North
Ocean Blvd, A portion of Lot 8 replat of Lots 8 & 9
Gulf Stream Ocean Plats.
Meets all setbacks.
Did not go before the Planning and Zoning Board, but
the building department would like to present it to the
Board at this time since it meets all setbacks and presents
no problems.
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JOh NSTON, SASSER, RANDOLPH & WEAVER, P.A.
ATTORNEYS AND COUNSELORS AT LAW
310 OKEECHOBEE BOULEVARD
HARRY A. JOHNSTON H WEST PALM BEACH, FLORIDA 33402 HENRY F. LILIENTHAL
DONALD J. SASSER' _
JOHN C. RANDOLPH P. O. BOX M 1902 1982
H. ADAMS WEAVER HARRY ALLISON JOHNSTON
ANN MARIE G. REZZONICO 0894.1993
JOYCE A. CONWAY October 23, 1987
' BOARD CERTIFIED (305) 655 OIOB
MARITAL S FAMILY LAWYER
Barbara Gwynn
Town of Gulfstream
100 Sea Road
Gulfstream, Florida 33444
Re: F.I.N.D. Lease Agreement, MSA 640 -640A
Dear Barbara,
You have forwarded for my review the above - referenced
lease agreement, proposed by the Board of Commissioners of
the Florida Inland Navigation District. My only concern with
this lease is at page 2, item k and item 3. I presume that
F.I.N.D. will not enter into a lease without including such
language, but the Town should be made aware that by accepting
this lease, it is relieving F.I.N.D. of any and all
responsibility and liability for said property as to loss,
damage, claims, etc., which may come about on the property.
Additionally, pursuant to paragraph 3, the Town by agreeing
to provide insurance is waiving its sovereign immunity provided
by Florida Statute. I do not believe it is appropriate for
the Town to do so.
My suggestion would be that we attempt to negotiate with
F.I.N.D. so as to hold F.I.N.D. harmless, to the extent of
our sovereign immunity, from any and all claims which may arise
as a result of the negligence of the lessee. I feel this is
particularly appropriate because of the prior right and easement
of the United States over the occupancy and use of this property.
JCR /ajs
Very truly yours,
John C. Randolph
LAI 1�r
I•
COMMISSIONERS
M BRENT WADDELL
CHAIRMAN
MARTIN COUNTY
JOE H. EARMAN
VICE CHAIRMAN
INDIAN RIVER COUNTY
MYRON H. BURNSTEIN
TREASURER
BROWARD COUNTY
TONY WALSH
SECRETARY
VOLUSIA COUNTY
WILLIAM O. DERR
DUVAL COUNTY
DOUGLAS C. CRANE
ST. JOHNS COUNTY
BRYNN NEWTON
FLAGLER COUNTY
E.E. HARDEN, JR.
BREVARD COUNTY
JIM G. RUSSAKIS
ST. LUCIE COUNTY
WALTER A. MAYTON
PALM BEACH COUNTY
STANLEY E. GOODMAN
DADE COUNTY
STAFF
STERLING K. EISIMINGER
EXECUTIVE DIRECTOR
ART WILDE
ASST EXECUTIVE DIRECTOR
NANCY BEERS
ADMINISTRATIVE ASSISTANT
FLORIDA INLAND NAVIGATION DISTRICT
12 October 1987
Ms. Barbara Gwynn, Town Clerk
Town of Gulf Stream
100 Sea Road
Gulf Stream, FL 33483
Dear Ms. Gwynn:
Reference is made to my letter of 16 September 1987 which informed
you the Florida Inland Navigation District Board of Commissioners
approved the Town of Gulf Stream's request to lease the FIND —owned
property designated MSA 640- 640 —A.
Enclosed are two copies of a Lease Agreement on the subject
property. Request you have both copies executed and returned to
me. I will return one copy to you after final approval by the
FIND Board and execution by the Chairman and Secretary.
Sincerely,
St ing K. Eisimi
ecutive Director
SKE:rm
Enc.
ADMINISTRATIVE OFFICE ON THE INTRACOASTAL WATERWAY IN PALM BEACH COUNTY
"q M' WIU ROAD, 1-m —. LDRroA -In Tri "I -- N < 2.,
L E A S E A G R E E M E N T
THIS LEASE AGREEMENT made this day of , 1987,
between the BOARD OF COMMISSIONERS, FLORIDA INLAND NAVIGATION DISTRICT, a body
corporate created and existing under the laws of the State of Florida, hereinafter
referred to as Lessor, and the TOWN OF GULF STREAM, FLORIDA, hereinafter referred
to as Lessee.
WHEREAS, the Lessor owns an approximately seven (7) acre parcel of land in Palm
Beach County, Florida, designated as MSA 640 -640A, description of which is attached
hereto as Schedule A and made a part hereto, for use by the United States in
connection with the improvement and maintenance of the Intracoastal Waterway
from Jacksonville to Miami, Florida and now holds the title thereto subject
to easements heretofore granted by it to the United States of America for such
use; and
WHEREAS, said parcel of land is subject to occupancy and use at any time
by the United States pursuant to said easements, and the Lessee has requested
the Lessor to permit it to use said parcel of land for the purpose of preserving
and maintaining existing wildlife and aquatic habitats, subject to said prior right
and easement of the United States and to the terms and conditions of this lease; and
WHEREAS, the Lessor is of the opinion that such use by the Lessee is in
the public interest and should be granted for a limited term at a nominal rental
subject only to the terms and conditions stated herein.
NOW, THEREFORE, in consideration of the premises and mutual covenants and
agreements herein contained, it is agreed by the parties hereto:
1. Subject to conditions stated herein, the Lessor does hereby lease the
above - mentioned parcel of land as is and in its existing condition to the Lessee
for a term of fifteen (15) years from the date hereof for use by the Town of Gulf
Stream, Florida solely for the purpose of preserving and maintaining existing
wildlife and aquatic habitat, an upon the condition that no structures or
improvements of any kind are to be placed on said land without prior written consent
of the Lessor.
2. Upon and subject to the terms and conditions stated herein, which it
agrees to perform and abide by, the Lessee does hereby lease said parcel of
land from the Lessor and further agrees:
a. To accept the leased premises as is and in its existing condition.
b. To promptly pay in advance a sum of $15.00 which represents an
annual rental of ONE DOLLAR.
-2-
c. Not to permit or suffer any waste in or upon said premises, to
strictly comply with any and all rules, regulations and requirements
that may be imposed from time to time by virtue of the laws of
the State of Florida or any rules and regulations of any govern-
mental agency having jurisdiction over the leased premises.
d. To permit the Lessor, or its duly authorized agents, free access
to the leased premises at any and all reasonable times for the
purpose of examining and inspecting same.
e. Not to assign or sublet this lease, or any portion of the leased
premises, without the written consent of the Lessor.
f. Not to permit the use of said premises for purposes other than
for the purposes as herein provided.
g. To make no unlawful, improper or offensive use of the premises.
h. At the termination of this lease, by lapse of time or otherwise,
to yield immediate possession to the Lessor.
i. To pay any and all taxes or assessments levied upon the leased
premises during the terms of this lease.
J. If any facilities are developed on this leased property within the
provisions of this lease, to display prominently the fact the property
is owned by, and leased from, the Florida Inland Navigation District.
k. To save the Lessor harmless from any and all liability, loss,
damage, claim, action, costs and attorney's fees resulting from
or caused by any claim, loss or damage to person or property on
or about or by reason of said leased premises.
3. The Lessee agrees to save the Lessor harmless from any liability by
reason of property damages or personal liability to any person or persons, firm
or corporation on or about said premises and to carry indemnity insurance as
protection against said liability for the protection of the Lessor with a reputable
insurance company to be approved by the Executive Director of the Lessor, with
$500,000.00- $1,000,000.00 limits, such policies to be deposited with and receipted
payments or premiums thereof sent to the said Executive Director during the term
of this lease, or any extension thereof.
4. The Lessor and the Lessee further agree that:
a. The Lessee shall not occupy, nor make any use of, the Lessor's
property until the documentation described in paragraph 3 above
has been received in the office of the Executive Director of the
Lessor and the Lessee has in hand a written communication from
the Executive Director confirming such receipt.
-3-
b. The Lessor retains the right to cancel this Lease Agreement with-
out prior notification if the Lessee fails to keep the Executive
Director of the Lessor informed in a timely manner of proof of
renewal of insurance coverage or allows the insurance coverage,
specified in paragraph 3 above, to lapse.
c. The Lessor retains the right to cancel this Lease Agreement with
90 days written notice to the Lessee if the Lessee fails to conform
to, or comply with, any of the conditions specified in paragraph
2 above.
5. This lease may be terminated by either party hereto, by giving notice in
writing from the one party to the other ninety (90) days before the termination
thereof and said notice may be given at any time during the term of this lease.
IN WITNESS WHEREOF, the parties have hereunto set their hands and seals
on the day and year first above written.
Signed, sealed and delivered in
the presence of
APPROVED AS TO FORM AND
CORRECTNESS:
BOARD OF COMMISSIONERS OF
FLORIDA INLAND NAVIGATION DISTRICT
By:
Chairman
Attest:
Secretary
TOWN OF GULF STREAM
By:
MAYOR
Attest:
CLERK
(SEAL)
(SEAL)
SCHEDULE A
MSA 640
That portion of the South 355 feet of the SE4 of the NE4
Section 4, Township 46 South, Range 43 East, Palm Beach County,
embraced in a zone 360 feet wide when measured at right angles t
lying West of and immediately adjoining the,West right of way li
the Intracoastal Waterway from Jacksonville to Miami, Florida, e
right of way line is shown on the plat recorded in Plat Book 17,
14 -A, of the public records of said Palm Beach County, Florida.
Containing 3.00 acres, more or less.
of
Florida,
o and
ne of
s that
at Page
MSA 640A
All that certain tract or parcel of land situated in the Southeast
Quarter of the Northeast Quarter of Section 4, Township 46 South, Range
43 East, Palm Beach County, Florida, more particularly described as follows:
Commence at the Southeast corner of said section 4 as a point of
reference; thence North 010 56' 23" West, 2755.62 feet along the Easterly
boundary of said Section 4 to the Quarter Section Corner; thence South
890 40' 42" West, 685.06 feet along the Southerly boundary of the Southeast
Quarter of the Northeast Quarter of Section 4, Township 46 South, Range
43 East, to a point on the Westerly right of way line of the Intra-
coastal Waterway from Jacksonville to Miami, Florida, as said right of way
line is shown on a map recorded in the Public Records of said Palm Beach
County in Plat Book 17, at Page 14 -A; thence continuing South 89 140'42"
West, 367.95 feet along the aforesaid South boundary of the Northeast
Quarrer Section line as a point of beginning.
Thence from the point of beginning above described, continuing
along aforesaid Quarter Section line North 89 °40'42" West, 260.31 feet
to a pipe marking the Southwest Corner of the Southeast Quarter of the
Northeast Quarter of aforesaid Section 4; thence North 01 °39'28" West,
452.82 feet along the Westerly boundary of the Southeast Quarter of the
Northeast Quarter of said Section 4; thence North 89 °40'42" East, 735.03 feet
to a point on the Westerly right of way line of the above mentioned Intra-
coastal Waterway; thence continuing along said Westerly right of way line
South 11 036'46" West, a distance of 100.00 feet; thence South 89 °40'42"
West, 367.95 feet; thence South 11 036'46" West, 362.70 feet to the point
of beginning.
Containing 4.09 acres, more or less.
SPINNER, DITTMAN, FICDICRsPMi. & Dt)WLING
ATTORNEYS AT LAW
A PARTNERSHIP INCLUDING PROFESSIONAL ASSOCIATIONS
501 EAST ATLANTIC AVENUE
DELRAY BEACH, FLORIDA 33444
IROBERT A. OITTMAN (305) 276 -2800
DONALD C. DOWLING
ROBERT W. FEDERSPIEL, P.A. October 16, 1987
JOHN W. SPINNER WEST PALM BEACH LINE
(305) 736 -0 <00
John C. Randolph, Esquire
Johnston, Sasser, Randolph & Weaver, P.A.
310 Okeechobee Boulevard
West Palm Beach, Florida 33402
Re: Town of Gulf Stream
Dear John:
As you may recall, the Town of Gulf Stream Commissioners,
particularly Mayor Koch and Commissioner Armour, have, on
numerous occasions, gone on record about the need for the Town to
acquire access to F.I.N.D. MSA 641A south of Place Au Soleil
subdivision, which F.I.N.D. property lies within the Town but
lacks access.
Mayor Koch and Commissioner Armour have requested that I try to
work something out with the owners of the new Volvo dealership on
Federal Highway abutting the southwesternmost part of Place Au
Soleil and the west boundary of the F.I.N.D. property.
I've made the contact, obtained the owners' approval of the idea,
in principle, and have forwarded them a proposed license
agreement between them and the Town, providing such access.
A copy of this agreement is enclosed for your review. In that
Mr. and Mrs. Bergh are coming down the week of the 18th, I'd
appreciate getting your input on form and substance in the next
few days. If same looks okay to you, I'll try to get copies
signed up by them (assuming their counsel has no big objections)
and then turn them in to Barbara Gwynn to get the matter on the
agenda for consideration by the Town Commissioners.
Thanks for your help.
RAD:dr
Enclosure
Very truly yours,
Robert A. Dittman
cc: Hon. William F. Koch, Jr., Mayor
Hon. Alan I. Armour, Vice Mayor
Barbara Gwynn, Town Clerk
PhEPARED BY
Robert A. Dittman, Esq.
501 E. Atlantic Avenue
Delray Beach, FL 33483 -5398
LICENSE AGREEMENT
THIS LICENSE AGREEMENT is made
between MARY BERGH and KJELL BERGH, here
"Licensor ", and the TOWN OF GULF STREAM,
existing under the laws of the State of
referred to as "Licensee ", for the
expressed.
and entered into by and
inafter referred to as
a municipal corporation
Florida, hereinafter
purposes hereinafter
WHEREAS, Licensor is the owner of certain real property
described as:
PARCEL 1:
A parcel of land in Section 4, Township 46 South, Range 43
East, Palm Beach County, Florida, bounded as follows: On the
North by the South Line of Delray Beach Estates, according to the
plat thereof, recorded in Plat Book 21, page 13; on the East, by
the East line of the West Half (W. 1/2) of the West Half (W. 1/2)
of the Southeast Quarter (S.E. 1/4) of said Section 4; on the
West by the Easterly right -of -way line of State Road No. 5 (U.S.
Highway No. 1) being a line parallel to and 50 feet Easterly from
the centerline thereof; and on the South by line parallel to and
100 feet Southerly (measured at right angles) from the South line
of said Delray Beach Estates; and
PARCEL 2:
Lot 43 and Lot 43 -A, Delray Beach Estates, a subivision of Palm
Beach County, Florida, according to the plat thereof on file in
the Office of the Clerk of the Circuit Court in and for Palm
Beach County, Florida, recorded in Plat Book 21, page 13; and
PARCEL 3:
Lots 41 and 42, Delray Beach Estates, according to the plat
thereof on file in the Office of the Clerk of the Circuit Court
in and for Palm Beach County, Florida, recorded in Plat Book 21,
page 13; together with the improvements thereon and the fixtures
therein.
Said property abuts, in part, certain property within the
municipal limits of the Town of Gulf Stream, Florida; and
WHEREAS, Licensee desires to obtain from Licensor a
license which would allow for passage of police, fire,
fire /rescue and other public service, personnel, vehicles and /or
equipment under the jurisdiction of and /or under contract to
Licensee upon and over the aforsaid property for the purpose of
providing ingress and egress for such personnel, vehicles, and
S SPINNER, DITTMAN. FEDERSPIEL 5 DOWLING
"b1 rj5T ATLANTIC'AVF "- -'' " -t"AY MERCK FLORIDA 33a
`5: 111-1111
equipment to and from the aforesaid abutting property within the
municpal limits of the Town of Gulf Stream, Florida; and
WHEREAS, Licensor is willing to grant such a license
to Licensee on the terms and conditions hereinafter contained.
NOW, THEREFORE, in consideration of the premises and
the sum of TEN and 00 /100 DOLLARS ($10.00), in hand paid to
Licensor, and for other good and valuable consideration, the
receipt and sufficiency of which is hereby acknowledged, the
parties agree as follows:
1. RECITALS. The foregoing recitals are true and
correct and are incorporated herein by reference.
2. GRANT OF LICENSE. Licensor hereby grants a license
to Licensee giving the police, fire, fire /rescue, and other
public service, personnel, vehicles and equipment under the
jurisdiction of and /or under contract to Licensee the right and
privilege to enter upon and pass over the aforesaid property of
Licensor for the purpose of providing ingress and egress for such
personnel, vehicles and equipment to and from property within the
municipal limits of Licensee which abut the eastern boundary of
the Licensor's aforesaid property.
3. LOCATION AND USE OF RIGHT OF PASSAGE. Notwith-
standing the foregoing, however, the aforesaid right of passage
shall be limited to a certain course or route over Licensor's
property, sufficient to allow passage and "turn around" of police
and fire vehicles, which course or route shall be determined from
time to time by Licensor, in Licensor's sole discretion, and
communicated to Licensee, through Licensee's Town Manager.
Licensor agrees to make available to Licensee, keys and /or
combinations to locks on any security gate(s) which would impede
the right of passage herein granted. Licensee agrees that it
will cooperate with Licensor in scheduling of non emergency
police patrols so as not to interfere with the conduct of
business upon the property owned by Licensor.
4. INDEMNIFICATION. Licensee agrees to defend,
indemnify, and hold Licensor harmless from and against any claim,
liability, loss or damage, including Licensor's defense costs and
SPINNER, DITTMAN, FEDERSPIEL & DOWLING
4 »i EA��"r`..'r,r •V {N4c•, or».�:�• F1Fl,CM, �;r>ci10A ]�ac�. ") OA) 276 -2900
reasonable attorneys' fees, incurred by Licensor relative to any
personal injury or property damage to any persons, improvements
or personal property from time to time on or located upon the
aforesaid property of Licensor, which injury or damage is
proximately caused by the negligent or intentional act of
Licensee or its personnel (i.e. its employees, agents or
subcontractors) in the course of utilization of the right of
passage herein granted, and, additionally, any liability relative
to personal injury or damage to Licensee's personnel, vehicles or
equipment sustained on Licensor's property.
5. AGREEMENT SUBORDINATE TO MORTGAGES. It is
expressly agreed by the parties that this Agreement and the right
of access granted hereunder are and shall continue to be
subordinate and inferior to any mortgages which now or
subsequently encumber Licensor's aforesaid property. While it is
the intent of the parties that subordination of this Agreement to
mortgages subsequently placed against the property shall take
place automatically, by virtue of the provisions of this
paragraph, Licensee agrees to execute any subordination agreement
thought necessary by any subsequent mortgagee to evidence
subordination of Licensee's interests in the property to that
being acquired by such mortgagee.
6. EFFECTIVE DATE - BINDING EFFECT. This Agreement and
the license herein granted shall become effective upon execution
hereof by both parties and issuance of a certificate of occupancy
for the improvements presently being constructed on Licensor's
property. It is intended that this Agreement shall be binding
upon Licensor's heirs and assigns and run with the land owned by
Licensor until terminated as hereinafter provided.
7. TERMINATION. This Agreement may be terminated by
either party giving ninety (90) days prior written notice to the
other at the following addresses:
LICENSOR:
MARY BERGH
KJELL BERGH
5428 Lyndale Avenue South
Minneapolis, Minnesota 55419;
SPINNER, DITTMAN, FEDERSPIEL a DOWLING
;OI EAST r FLAN qr "' AY BEACH 3A 3344a — 13051276.2800
LICENSEE:
Town Manager
Town of Gulf Stream
Gulf Stream Governmental Center
100 Sea Road
Gulf Stream, Florida 33483;
or such other addresses as may be subsequently communicated by
one party to the other. Notices given to subsequent owners of
the property (heirs or assignees of Licensor) shall be given to
the address for such persons used by the Palm Beach County,
Florida, Tax collector, for transmittal of property tax notices
and statements. In the event this Agreement is recorded, the
recording of a sworn statement by either party (including the
heirs and assigns of Licensee) to the effect that written notice
of termination has been mailed to the other party pursuant to
this paragraph, said statement including the date of such
mailing, shall be conclusive evidence of record of the
termination hereof ninety (90) days next following the mailing
date certified in such statement.
IN WITNESS WHEREOF, the parties have caused this
Agreement to be executed the day and year .respectively set forth
below.
Witnesses: LICENSOR:
MARY BERGH
KJELL BERGH
STATE OF MINNESOTA
COUNTY OF HENNEPIN
I HEREBY CERTIFY that on this day before me, an officer
duly qualified to take acknowledgements, personally appeared MARY
BERGH and KJELL BERGH, to me known to be the persons described in
and who executed the foregoing License Agreement and acknowledged
before me that they executed the same.
WITNESS my hand and official seal in the County and
State last aforesaid this day of , 1987.
Notary Public
(SEAL) My Commission Expires:
SPINNER, DITTMAN. FEDERSPIEL a DOWLING
S.- CAST ATLA ^ "C AVENI -'� -. DEL Av OEACH, FLORIDA » + + +•. (005) 276 -2000
WITNESSES:
(SEAL)
STATE OF FLORIDA
COUNTY OF PALM BEACH
LICENSEE:
TOWN OF GULF STREAM
By
William F. Koch, Jr.
Mayor
Attest:
Barbara Gwynn
Town Clerk
Approved as to form:
William E. Gwynn
Town Manager
John C. Randolph
Town Attorney
I HEREBY CERTIFY that on this day before me, an officer
duly qualified to take acknowledgements, personally appeared
WILLIAM F. KOCH, JR. and BARBARA GWYNN, Mayor and Town Clerk,
respectively, of the Town of Gulf Stream, to me known to be the
persons described in and who executed the foregoing License
Agreement and acknowledged before me that they executed the same.
WITNESS my hand and official seal in the County and
State last aforesaid this day of
, 1987.
Notary Public
State of Florida at Large
(SEAL) My Commission Expires:
SPINNER. DITTMAN. FEDERSPIEL 6 DOWLING
'obi FA4T ATi51M�tIG AV µF'-OEyyAY �t'AH'• FLORIDA JJ44Y.. uOG1111.290a
i
Board of County Commissioners
Carol A. Roberts, Chair
Kenneth'M. Adams, Vice Chairman
Karen T. Marcus
Carol J. Glmquist
Dorothy Wilken
October 8, 1987
Mr. William E. Gwynn
Manager
Town of Gulf Stream
246 Sea Road
Gulf Stream, Florida 33483
Dear Mr. Gwynn:
SUBJECT: PROPOSED INTERLDCAL COOPERATION AGREEMENT
County Administrator
Jan NVintors
Iluusing \ C•onununitc Ih•)rinpnuai
Please find enclosed five (5) originals of the proposed Interlocal Cooperation
Agreement between Palm Beach County and the Town of Gulf Stream. Pursuant to our
September 18, 1987 letter referencing this subject, the proposed Interlocal
Cooperation Agreement will allow Palm Beach County to implement potential
Community Development Block Grant (CDBG) activities within your municipality
during Federal Fiscal Years 1988 -90. Additionally, execution of this Agreement
will assist Palm Beach County in renewing its qualification as an "urban
county" pursuant to U.S. Department of Housing and Urban Development
guidelines, and will allow the County to include your municipality in
population totals used to determine the amount of the County's CDBG grant.
We request that the governing body of your municipality review and approve
these Interlocal Cooperation Agreements at its next available meeting, and we
ask that you return these originals, along with an original resolution and /or
certified copy of the minutes from the meeting approving the Agreement, to our
office no later than Friday, October 30, 1987. A representative from our
office will contact you by phone during the next week to further explain the
approval process.
Should you or any representative of your municipality have any questions
concerning this Agreement, please contact either myself or Timothy P. Wheat,
Program Planner, at 820 -2087. Additionally, either myself or a representative
of Housing and Community Development staff will be available to appear before
your municipality's governing body at its regular meeting to provide any
"Arl I (ILIJ UI)lu)rt Lill in :11Iirmaticc Action limpluycr-
801 EVERNIA STR1-1 -1-, W.P.B., 14 33401 (305) 820 2087
Proposed Interlocal Cooperation Agreement
October 8, 1987
Page 2
information or answer any questions relevant to this Agreement. Thank you for
your interest in participating in Palm Beach County's Community Development
Block Grant program.
Sincerely,
Remar M. Harvin, CBD, Director
Housing and Community Development
RMH:TPW:blm
Enclosures
Ref: LTRUCQ.SHI,
INTERLOCAL AGREEMENT BETWEEN PALM BEACH
COUNTY AND THE TOWN OF GULF STREAM
THIS INTERLOCAL AGREEMENT made and entered into this day
of 1987 by and between:
PALM BEACH COUNTY, a political subdivision of the State of
Florida, hereinafter referred to as the "COUNTY ":
and
The TOWN OF GULF STREAM, a municipality duly organized by
the laws of the State of Florida, hereinafter referred to
as the "MUNICIPALITY ".
WHEREAS, the parties hereto have the common power to per-
form Community Development Block Grant (CDBG) activities with-
in Palm Beach County, said common powers being pursuant to
Section 125.01, Florida Statutes, and Chapter 163, Part III,
Florida Statutes; and
WHEREAS, it is mandated by Title I of the Housing and
Community Development Act of 1974, as amended, that a county
must enter into Interlocal Cooperation Agreements with munici-
palities in its jurisdiction for the purposes of implementing
CDBG activities within said municipalities; and
WHEREAS, Palm Beach County desires to join with municipali-
ties in order to carry out the planning and professional ser-
vices necessary to implement the CDBG program during Federal
Fiscal Years 1988, 1989 and 1990; and
WHEREAS, the County and Municipality agree to cooperate to
undertake or assist in undertaking community renewal and lower
income housing assistance activities, specifically urban renew-
al and publicly assisted housing; and
WHEREAS, the County and the Municipality wish to cooperate
in the implementation of the goals and objectives of Palm
Beach County's Housing Assistance Plan, as approved by the
U.S. Department of Housing and Urban Development; and
WHEREAS, the Municipality desires to cooperate with the
County for the purpose of implementing the Community
Development Block Grant program.
Interlocal Agreement - Town of Gulf Stream
Page 2
NOW, THEREFORE, the parties hereby agree as follows:
1. The COUNTY and the MUNICIPALITY will cooperate so that
the COUNTY may expend CDBG funds for eligible activi-
ties within the MUNICIPALITY during Federal Fiscal
Years 1988, 1989 and 1990 (including program income
generated from expenditure of such funds) under Title
I of the Housing and Community Development Act of
1974, as amended, and receive funds under said Act.
2. The COUNTY and the MUNICIPALITY will cooperate to
undertake, or assist in undertaking, community renewal
and lower income housing assistance activities, specif-
ically urban renewal and publicly assisted housing.
3. With the MUNICIPALITY's assistance, the COUNTY will
prepare a CDBG Final Statement of Objectives and
Projected Use of Funds and a Housing Assistance Plan
as required by the U.S. Department of Housing and
Urban Development (HUD). The COUNTY will undertake or
assist in undertaking all professional and administra-
tive services necessary to prepare said application
and other necessary documents, and the COUNTY will
agree to take full responsibility and assume all obli-
gations of an applicant under the Housing and
Community Development Act of 1974, as amended.
The COUNTY and the MUNICIPALITY agree that the COUNTY
is hereby allowed to undertake or assist in undertak-
ing essential community development and housing assis-
tance activities within the MUNICIPALITY, however, the
COUNTY has final responsibility for selecting activi-
ties and annually filing the Final Statement of Objec-
tives and Projected Use of Funds with HUD.
4. The MUNICIPALITY and the COUNTY will take all actions
necessary to ensure compliance with the urban county's
certification required by Section 104(b) of Title I of
the Housing and Community Development Act of 1974, as
Interlocal Agreement - Town of Gulf Stream
Page 3
amended, including Title VI of the Civil Rights Act of
1964, Title VIII of the Civil Rights Act of 1968,
Section 109 of Title I of the Housing and Community
Development Act of 1974, and other applicable laws.
5. The COUNTY, through its Division of Housing and
Community Development, shall assist the MUNICIPALITY
in undertaking all professional and administrative
services necessary for the purposes of implementing
CDBG activities, including preparation of all applica-
tions and other necessary documents, planning, and
other administrative activities as required.
6. Neither the COUNTY nor the MUNICIPALITY may veto or
otherwise restrict the provisions in this Agreement in
any manner to obstruct the implementation of the
Housing Assistance Plan during the three program
years, Federal Fiscal Years 1988, 1989 and 1990, for
which the COUNTY qualifies as an urban county and for
such additional time as may be required for the expen-
diture of funds granted to the COUNTY for such period.
7. The MUNICIPALITY must inform the COUNTY of any income
generated by the expenditure of CDBG funds received by
the MUNICIPALITY. Any program income generated by
CDBG - supported activities must be repaid to the COUN-
TY, unless the COUNTY provides written authorization
to the MUNICIPALITY for said program income to be
retained by the MUNICIPALITY to further program objec-
tives and to be used for eligible CDBG expenditures.
In this event, program income must be retained, man-
aged and utilized in accordance with Office of Manage-
ment and Budget Circular A -102, Attachment "E" and
other CDBG regulations as may then apply.
The COUNTY shall assume the responsibility for monitor-
ing and reporting to HUD as to the disposition of pro-
gram income generated by any CDBG- supported activities.
Interlocal Agreement - Town of Gulf Stream
Page 4
Therefore, the MUNICIPALITY shall implement and main-
tain adequate recordkeeping procedures as needed for
this purpose in conformance with the above - referenced
regulations, and others that may then apply. In the
event of close -out or change in status of the MUNICI-
PALITY with respect to this Agreement, any program
income on hand or received subsequent to close -out or
change in status must be repaid to the COUNTY.
8. The MUNICIPALITY shall be responsible for notifying
the COUNTY of any modification and /or change in the
use of any real property (from that planned at the
time of acquisition or improvement including disposi-
tion) acquired or improved in whole or in part with
CDBG funds that is within control of the MUNICIPALI-
TY. Notification of the COUNTY shall take place with-
in ten (10) days of said modification or change.
In the event that said real property as described
above is sold, conveyed or transferred after the time
of acquisition and /or improvement, and said real prop-
erty is sold, conveyed or transferred for usage which
does not qualify as eligible under CDBG regulations,
the COUNTY shall be reimbursed in an amount equal to
the current fair market value (less any portion there-
of attributable to expenditures of non -CDBG funds) of
the property by the MUNICIPALITY.
In the event of a close -out or change of status of the
MUNICIPALITY, termination of this Agreement, or dispo-
sition and /or transfer of any property improved or
acquired with CDBG funds, the COUNTY shall be reim-
bursed by the MUNICIPALITY any program income generat-
ed prior to or subsequent to said close -out, termina-
tion or change of status.
9. The COUNTY and the MUNICIPALITY will comply with the
Housing Assistance Plan and the implementing program
as outlined in the Community Development Block Grant
Interlocal Agreement - Town of Gulf Stream
Page 5
Final Statement of Objectives and Projected Use of
Funds submitted to HUD.
10. This Agreement shall give the COUNTY authority to
carry out activities which will be funded from annual
appropriations of CDBG entitlement funds during Feder-
al Fiscal Years 1988, 1989 and 1990 and shall termi-
nate upon completion of all activities and expenditure
of all obligated funds to the MUNICIPALITY for such
period.
11. This Agreement is contingent upon the COUNTY'S qualifi-
cation as an "urban county" and award of funds under
the Housing and Community Development Act of 1980, as
amended.
12. Any prior agreements or contracts regarding the duties
and obligations of the parties enumerated herein are
hereby declared to be null and void.
IN WITNESS WHEREOF, the parties hereto have caused this
Agreement to be executed by their duly authorized officials.
COUNTY
ATTEST:
BY:
Deputy Clerk
(SEAL)
APPROVED AS TO FORM AND LEGAL
SUFFICIENCY
County Attorney
PALM BEACH COUNTY BY ITS
BOARD OF COUNTY COMMISSIONERS
BY:
MUNICIPALITY
ATTEST: BY:
City Clerk
Chair
Mayor
(SEAL) City Manager
(if applicable)
Ref: R376
Interlocal Agreement - Town of Gulf Stream
Page 6
LEGAL CERTIFICATION BY PALM BEACH COUNTY
As legal counsel for Palm Beach County, I hereby state that
the terms and provisions of this agreement are fully author-
ized under State and local law and that the agreement provides
full legal authority for the County to undertake or assist in
undertaking essential community development and housing assis-
tance activities, specifically urban renewal and publicly
assisted housing.
Laurel E. Hopper
Assistant County Attorney