2011-26 Fourth Amendment to Northlake Boulevard Task Force Interlocal AgreementRESOLUTION 2011-26
• A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH
PALM BEACH, FLORIDA, APPROVING A FOURTH AMENDMENT TO THE
AMENDED AND RESTATED INTERLOCAL AGREEMENT BETWEEN THE
VILLAGE, THE CITY OF PALM BEACH GARDENS, THE TOWN OF LAKE
PARK AND PALM BEACH COUNTY TO EXTEND THE TERM OF THE
NORTHLAKE BOULEVARD TASK FORCE AND AUTHORIZING THE
MAYOR AND VILLAGE CLERK TO EXECUTE SAME; PROVIDING FOR
CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Village ofNorth Palm Beach, the City of Palm Beach Gazdens, the Town of Lake Pazk
and Palm Beach County entered into an Interlocal Agreement establishing the Northlake Boulevard
Task Force in September 1997; and
WHEREAS, the parties executed an Amended and Restated Interlocal Agreement ("Restated Agreement")
in February 2004; and
WHEREAS, the Restated Agreement, as amended, currently expires on September 30, 2011, and the
parties wish to enter into a Fourth Amendment to the Restated Agreement extending the term for an
additional five year period; and
WHEREAS, the Village Council determines that the approval of the Fourth Amendment to the Restated
Agreement is in the best interests ofthe residents and citizens ofthe Village ofNorth Palm Beach
NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF
NORTH PALM BEACH, FLORIDA as follows:
Section 1. The foregoing recitals are ratified as true and incorporated herein.
Section 2. The Village Council hereby approves the Fourth Amendment to the Amended and
Restated Interlocal Agreement relating to the Northlake Boulevard Task Force, a copy of which is
attached hereto and incorporated herein, and authorizes the Mayor and Village Clerk to execute the
Third Amendment on behalf of the Village.
Section 3. All resolutions or parts of resolution in conflict with this Resolution are hereby
repealed to the extent of such conflict.
Section 4. This Resolution shall be effective immediately upon adoption.
PASSED AND ADOPTED THIS 23rd DAY OF JUNE. 2011.
(~Iillage Seal) `
MAYOR
• ATTEST,
VILLAGE CLERK
8211 X242 AUG 292011
FOURTH AMENDMENT TO AMENDED AND RESTATED
INTERLOCAL AGREEMENT
BETWEEN THE VILLAGE OF NORTH PALM BEACH, CITY OF
PALM BEACH GARDENS, TOWN OF LAKE PARK, AND PALM BEACH COUNTY
THIS FOURTH AMENDMENT TO AMENDED AND RESTATED INTERLOCAL
AGREEMENT BETWEEN THE VILLAGE OF NORTH PALM BEACH, CITY OF PALM
BEACH GARDENS, TOWN OF LAKE PARK, AND PALM BEACH COUNTY
(hereinafter referred to as "FOURTH AMENDMENT") is made and entered into by and
between the VILLAGE OF NORTH PALM BEACH, 501 U.S. Highway One, North Palm
Beach, Florida 33408 (hereinafter "NORTH PALM"), the CITY OF PALM BEACH
GARDENS, 10500 North Military Trail, Palm Beach Gardens, Florida 33410 (hereinafter
"GARDENS"), the TOWN OF LAKE PARK, 535 Park Avenue, Lake Park, Florida 33403
(hereinafter "LAKE PARK"), and PALM BEACH COUNTY, 301 North Olive Avenue,
West Palm Beach, Florida 33401 (hereinafter "COUNTY") (hereinafter collectively
referred to as "Participants"); and
WHEREAS, the Participants previously entered into an interlocal agreement
establishing the Northlake Boulevard Task Force (hereinafter referred to as "Task
Force") on September 2, 1997 (R-97-1156) (hereinafter referred to as the "Agreement");
and
WHEREAS, said Agreement was subsequently amended by the First
Amendment to Agreement, which was effective on August 20,1998 (R-98-1378D) and
by the Second Amendment to Agreement, which was effective on August 22, 2000 (R-
2000-1182); and
1
WHEREAS, the Agreement was subsequently replaced in its entirety by the
Amended and Restated Agreement, which was effective on February 26, 2004 (R-2004-
0394) (hereinafter referred to as "Restated Agreement"); and
WHEREAS, the Restated Agreement was subsequently amended by the
Amendment to Amended and Restated Agreement, which was effective on September
13, 2005, and the Second Amendment to the Amended and Restated Agreement, which
was effective on May 6, 2006 (R-2006-0866); and
WHEREAS, the Restated Agreement as amended by R-2006-0866 provides in
Part 1, Section 6 that the term of the Agreement continues through September 30,
2010, but may be extended by written instrument of the Participants; and
WHEREAS, the Restated Agreement as amended by R-2010-1761
provides in Part 2, that the term of the Agreement continues through September 30,
2011, but may be extended by written instrument of the Participants; and
WHEREAS, the Participants have determined it is appropriate to extend the
Agreement for a period of five years.
NOW, THEREFORE, in consideration of the mutual covenants, promises, and
representations contained herein, NORTH PALM, the GARDENS, LAKE PARK, and the
COUNTY hereby extend the term of the Agreement as follows:
Part 1. The facts, statements, and recitals heretofore set forth are true and
correct and are hereby incorporated in this FOURTH AMENDMENT by reference.
Part 2. This Agreement shall continue through September 30, 2016, but
may be extended by written instrument of the Participants.
2
Part 3. This FOURTH AMENDMENT may be executed in counterparts.
Part 4. Except as expressly set forth herein, all terms and conditions in the
Restated Agreement and any previous amendments thereto shall remain in full force
and effect.
Part 5. This FOURTH AMENDMENT shall become effective upon filing a
fully executed FOURTH AMENDMENT with the Clerk of the Circuit Court of Palm
Beach County, Florida.
IN WITNESS WHEREOF, the parties hereto have caused this EXTENSION to be
executed this day of , 2011.
T= ES1 CITY OF PALM BEACH GARDENS
Wad/
r 1
By• .1 I , By
1 iV' . . Patricia Snder, CMC, City Clerk �j
avi Lev r
_ a
V _,
APPROVED AS TO FORM A
LEGAL SUFFICIENCY
By: edithrAri
R. Ma • r an, City Attorney
3
t), ,
VILLAGE OF NORTH PALM BEACH
By: � � By: Atm
Village Clerk Mayor
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
By:
Village Attorney
4
ATTEST: TOWN OF LAKE PARK
By: By: -- -Z-
Town CIeVO 'q Mayor
O
SEAL '
APPROVED AS TO FORMAND.
cuR110 V%
LEGAL SUF NCY
By � i
To ifri for
82011 I 2,4 2 AUG 292011
BOARD OF COUNTY
COMMISSIONERS
ATTEST: PALM BEAC COUNTY, FLORIDA• '''4t %.-,--:/% 0",k /e .,.,,,
y' De�tFty 6a:°r{c '' i'NTy are Marcus, Chair
APPROVED AS TO FOAM AND
LEGAL SUFFICIENCY
By:
0'477 a_Y7
County Attorney
G:\WPDATA\LANDUSE\RBANKS\zoning\NBTF fourth amendment.doc
5