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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 All resolutions or parts of resolution in conflict with this Resolution are hereby repealed to the extent of such conflict.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