Loading...
2016-32 Northlake Boulevard Task Force Interlocal Agreement Fifth AmendmentRESOLUTION 2016 -32 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, APPROVING A FIFTH 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 of North Palm Beach, the City of Palm Beach Gardens, the Town of Lake Park 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, 2016, and the parties wish to enter into a Fifth 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 Fifth Amendment to the Restated Agreement is in the best interests of the residents and citizens of the Village of North 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 Fifth 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 Fifth 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 All resolutions or parts of resolution in conflict with this Resolution are hereby repealed to the extent of such conflict.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 26TH DAY OF MAY, 2016. (Village Seal) I►JI: e) ATTEST: VILLAGE CLERK FIFTH 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 FIFTH 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 "FIFTH 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 0 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 Restated Agreement as amended by R- 2011 -1242 provides in Part 2, that the term of the Agreement continues through September 30, 2016, 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 2 correct and are hereby incorporated in this FIFTH AMENDMENT by reference. Part 2. This Agreement shall continue through September 30, 2021, but may be extended by written instrument of the Participants. Part 3. This FIFTH 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 FIFTH AMENDMENT shall become effective upon filing a fully executed FIFTH 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 23 day of 1 0 V%--e- , 2016. 3 CITY OF PALM BEACH GARDENS By: k& Marcie Tinsley, Mayor APPROVEDASTO FORM AND LEGAL SUFFICIENCY R. NtYaxX hman, City Attorney ' i m ATTEST: VI By: G� By Village Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY By: r —''�"' Village Attorney `4 ATTEST: TOWN OF LAKE PARK VIE By: 0 �Sl f3y: Vivian Mendez, Tow Clete ames DuBois, Mayor 4r FLO" APPROVED AS TO FORM AND LEGAL SUFFICIENCY By: a201640-00 n Attorney 14M 2 ATTEST BOARD OF COUNTY COMMISSIONERS FLORIDA APPROVED AS TO FORM AND LEGAL SUFFICIENCY By: e. I IC A& _y1c, Mari Lou BerC(er, Nfayor By: r1<1 V'-� V County Attorney k ! S7ATIE OF FLORIDA, COUNTY OF I 1, S-HARON R. BOCK, Cisrl-z: and ca;tify INS ta be, ca tr..-.7a er3'�j .. — Med in my offics dal•d at-e�i 34Z Fai"inli FIL on a cp T .:,Cn