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R11-062 I i., 1 RESOLUTION NO. Rll- O'V A RESOLUTION OF THE CITY COMMISSION OF , I BOYNTON BEACH, FLORIDA, APPROVING ! AGREEMENT TO RESCIND INTERLOCAL AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND THE . TOWN OF GULFSTREAM REGARDING ANNEXATION 1 OF UNINCORPORATED PROPERTY ON THE BARRIER I ISLAND; AUTHORIZING THE CITY MANAGER TO I EXECUTE THE AGREEMENT TO RESCIND; AND 1 PROVIDING AN EFFECTIVE DATE. I I I WHEREAS, on September 7, 2004, the City Commission of the City of Boynton Beac - I via Resolution 04-154, approved and authorized an Interlocal Agreement between the City 0 1 Boynton Beach and the Town of Gulfstream regarding the annexation of unincorporated prope I on the barrier island; and 2 WHEREAS, the Town of Gulfstream has requested Resolution 04-154 and th 2 corresponding Interlocal Agreement be rescinded via an Agreement to Rescind Interloc 2 Agreement; and 2 WHEREAS, the City Commission of the City of Boynton Beach, upon recommendatio 2 of staff, deems it to be in the best interests of the residents and citizens of the City of Boyntoi 2 Beach to approve the Agreement to Rescind Interlocal Agreement between the City of Boynto 2 Beach and the Town of Gulfstream regarding annexation of unincorporated property on th 2 barrier island. 2 NOW; THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF TH 2 CITY OF BOYNTON BEACH, FLORIDA, THAT: 3 Section 1. Each Whereas clause set forth above is true and correct and incorporate S:ICAIRESO\Agreements\Reso - Rescind (LA with Gulfstream for Annexation.doc I R I( - ofo~ . . . AGREEMENT TO RESCIND INTEALOCAL AGREeMENT BETWEP!N TOWN OF GULF STREAM AND CITY OF BOYNTON BEACH DATED SEPTEMBI!R 7. 200~ 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 Interlocat 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 Inter/ocal 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 n AN. 2. Upon execution of this Agreement by both parties the Inter/ocal 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 Interlacal Agreement. . IN WITNESS WHEREOF, the parties have set their hands and seals the day and year hereafter written. :~{)lJL~ ~ William F. Koch, Jr., Mayor Allest: 'K ~ l:~ 7 ~ Rita Taylor, Town CI Dated: ~- g- -II Crrv~~H By Its /'-'-- t./Q;i ~.0= Alle~ ';n. p~ To Clerk Dated: 08 - 0/ - ~D I I P:\00CS\13147\OOOO1\DOC\ 1 B49538.DOC CITY ArrORNEY I . . RESOLUTION NO. OlJ.-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 PROPERTIJI!S 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 Interlacal 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 Interiocal 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 lnterloeal 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 se$Sion assembled tnis ~ day of April ,2011. 1l!!GF~ ~~ vIe YO COMMISSIONER ATTEST: t ?At:~ TOWN CLERK P;\DOCS\13'47\1lOOO, \DOC" \loIIS847. ooc , . I . I) E ';..h ~ h~.r .A ~ Ro4-/s1/ . .' , INTER LOCAL AGREEMENT THIS AGREEMENT shall be effective as of the 7 day of ~ 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 givi~g consideration to the annexation of several unincorporated properties lying near or adjacent to the corporate bour.daries 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, th~ 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: I . ' 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 ~-r: r ,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 I , . . . 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 th~t 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 provisiol1s of this Agreem~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 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 j ,. . IN WITNESS WHEREOF, the parties have set their hands and seals the day and year hereinafter written. TOWN OF GULF STREAM By '-- Dated: Its _.0;:'" ,..y, I ~ V $i;L ~ q {O Attest: , polo y f\?~cm ~TtOftt(l't ... Dated: I N;\JCR\13147.01\lnterJocal Agreement Boynton Beach Annexation.doc 4 .., I . - ' . EXHIBIT t1A II . Vista Apartments 4450 N. Ocea.n Blvd. PCN; 00 43 45 34 00 002 0180 Vista Villas Condominium 4448 N. Ocean Blvd. peN: 00 43 45 34 27 000 0000 Gulf Stream Villas Condominium 4440 N. Ocean Blvd. peN: 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 HorseBath & Tennis Club 4001 N. Ocean Blvd. PCN: 00 43 45 34 37 000 0000 Polo Ridge 3960 N. Ocean Blvd. peN: 00 43 45 34 00 002 0280 & 0290 L I 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.) peN: 0043 46 34 00 002 0390 I ,..\. 1- ",1- -' :- . A-N 0 Po t. \~) , . ,f.A1f\WAYS · ,.,.716.-' , COllOO .. . c ,l ! ~ -..- . - - N 8/6 . - ~ ". . " ., ---- . _. N 940 " ; :- =- .....:.~ 1"'" , r 00 2~ 12 . ~ ,/ ./ ~ G:."C , ~ . _ ' ' .N ~ 18 4 .' l., \. 1 - t .. ' r7~ .i~' ST i \ tl ' . r:: '", ANDR~W5 -.@2'!f;... OCEAM . 'S I, ..4 "" COND :> ~iA' @ - , ~9.l . . . _Q..o .,' '. . S2~' . ~. BALl..ANTRAf, I~I . \', \ c;ot.W4/NllJM I~ i - . . . . It[; r .... _ t i'. I _ ~v "d C) . : U HOf\SE ;. ~..~ . . - & 1ENmb II /- .' ' 7 ..' f ' ..' I ~ - (,cr<'P I 1'>1 .~ . . @? .' f" - ~ .96A( . ( ~_ /. ~-" ft. \ .... " @ 70 _ · l'HEftMliA(;~' . ~ANllR . · , _ ~~, COlD ~. ~.OffOI : I .~. . , _ . . ' .'0 .' i ,I :t - d:iI . ...~..- . Ji"'"'- i" .-"" · ............. -'..- ........I'~_ ,.~ I ......, ..-' .. ~ " . . I 1 i herein by this reference. I , Section 2. The City Commission of the City of Boynton Beach, Florida does hereby approve the Agreement to Rescind Interlocal Agreement between the City of Boynton Beach an4 the Town of Gulfstream regarding annexation of unincorporated property on the barrier island. i Section 3. The City Manager is hereby authorized to execute the Agreement tq I Rescind Interlocal Agreement between the City of Boynton Beach and the Town of Gulfstrea1 I regarding annexation of unincorporated property on the barrier island. I I , Section 4. That this Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this 7/-1, day of J",-^<'!.- , 2011. I I I I I I I I I I 2 2 2 2 . Commissj.qner - ieve~an 2 ?%~A~ - ~ Commissioner - Marlene Ross ATTEST: