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HomeMy WebLinkAboutResolution_15-90/91_05/16/1991 E RESOLUTION NO. 15 -90/91 • A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, APPROVING THE AGREEMENT BETWEEN THE VILLAGE OF TEQUESTA AND PALM BEACH COUNTY, FLORIDA FOR JOINT PROJECT FUNDING FOR THE CONSTRUCTION OF OLD DIXIE HIGHWAY FROM S.R. 811 TO NORTH COUNTY LINE ROAD PALM BEACH COUNTY, FLORIDA, PALM BEACH COUNTY PROJECT NO. 87541 A & B. WHEREAS, Palm Beach County intends to engage in construction activity on Old Dixie Highway from S.R. 811 to North County Line Road; and WHEREAS, as a result thereof, the Village of Tequesta Water Department is responsible for relocating its water mains and eliminating any water appurtenances in conflict with said construction activity of Palm Beach County; and WHEREAS, Palm Beach County has proposed an Agreement between the Village of Tequesta and Palm Beach County for Joint Funding of the construction activities related to Palm Beach County Project No. 87541 A & B. NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, AS FOLLOWS: Section 1. The. Agreement between the Village of Tequesta and Palm Beach County, Florida for Joint Project Funding for the construction of Old Dixie Highway from S.R. 811 to North County Line Road, Palm Beach County, Florida, Palm Beach County Project No. 87541 A & B attached hereto as Exhibit "A" and made a part of this Resolution is hereby approved and the Village Manager is authorized to execute the same on behalf of the Village of Tequesta. THE FOREGOING RESOLUTION was offered by Councilmember Qn , �'nc;:a;1 r who moved its adoption. The Resolution was seconded by Councilmember Earl L. Collings , and upon being put to a vote, the vote was as follows: FOR ADOPTION AGAINST ADOPTION William E. Burckart Joseph N. Ca oretta Earl L. Collings Ron T. 1 The Mayor thereupon declared the Resolution duly passed and adopted this - I C,1-1 day of 74 ay , A.D. 1991. YOR OF TEQUESTA / J -6seph N. Caprer to ' " ATTEST: Bill C. Ws , ,6 avelis Vi11 e Jerk 291 89.4D is AGREEMENT BETWEEN THE VILLAGE OF TEQUESTA AND PALM BEACH COUNTY, FLORIDA FOR THE JOINT PROJECT PARTICIPATION FOR THE CONSTRUCTION FUNDING OF OLD DIXIE HIGHWAY FROM SR 811 TO N. COUNTY LINE ROAD PALM BEACH COUNTY, FLORIDA PALM BEACH COUNTY PROJECT NO. 87541 A &B THIS AGREEMENT, made and entered into this JUL 0 9 1991 day of 1991, by and between PALM BEACH COUNTY, a political subdivision in the State of Florida, herein referred to as "COUNTY" and the Village of Tequesta, a municipality in the State of Florida, herein referred to as the "VILLAGE", W I T N E S S E T H WHEREAS, COUNTY and VILLAGE desire to jointly participate in the construction of certain utilities within the right -of -way of Old Dixie Highway from SR 811 to N. County Line Road; and WHEREAS, Florida Statutes, Section 163.01, allows governmental units to make the most efficient use of their powers by enabling them to cooperate with other localities on a basis of mutual advantage; and WHEREAS, the execution of agreement is in best interest of both governmental units by promoting efficient utility construction along the old Dixie Highway right -of -way referred to previously; NOW, THEREFORE, for and in consideration of the mutual covenants contained herein, the Parties to this Agreement agree as follows: 1 VILLAGE OF TEQUESTA 1. The agreement between the COUNTY and the VILLAGE for the Joint Funding. Improvements to Old Dixie Highway from 8R 811 to N. County Line Road, dated January 8, 1991 and attached hereto (Attachment A) is incorporated by reference and made part of this ar agreement. 2. The VILLAGE agrees to pay directly to the COUNTY costs attributable to said utility construction as outlined in the Specifications for this project. 3. Said summation of costs is stated in the amount of $ 145,277.00 in accordance with the attached bid tabulation for the specified work. 4. Said costs shall be adjusted upon completion of the project using "as constructed quantities", said quantities being measured by the Palm Beach County Engineering and Public Works Department. 5. The VILLAGE agrees to fund those contributions set forth in Paragraphs 1 through 3 above as shall be paid by the VILLAGE as such costs accrue and within thirty (30) days after a bill for same has been sent by the COUNTY to the VILLAGE. 6. The COUNTY is to be responsible for administering the funds in accordance with the Agreement. 7. The VILLAGE is to be responsible for, and agrees to provide or cause to be performed all inspection services during construction of and final certification for the aforementioned utility systems. 2 VILLAGE OF TEQUESTA 8. In the event that additional work and funding is required, the additional cost attributable to said utility construction as outlined in the specifications for this project is the responsibility of the VILLAGE. In the event of an under run attributable to said utility construction as outlined in the specification, the VILLAGE will be credited the excess amount. 9. All provisions of this Agreement calling for the expenditure of ad valorem tax money by either COUNTY or VILLAGE are subject to annual budgetary funding and should either Party involuntarily fail to fund any of their, respective obligations pursuant to this Agreement, this Agreement may be terminated. 10. Any and all notices required or permitted to be given hereunder shall be deemed received three (3) days after same are deposited in U.S. Mail sent via certified mail, return receipt requested. All notices to Authority shall be sent to: Village of Tequesta P.O. Box 3474 Tequesta, FL 33469 ATTN: Thomas C. Hall, Water System Manager All notices to the County shall be sent to: George T. Webb,P.E., Acting County Engineer Engineering and Public Works Department P.O. Box 2429 West Palm Beach, FL 33402 ATTN: Roadway Production 3 VILLAGE OF TEQUESTA R91 8940 IN WITNESS WHEREOF, the Parties unto this Agreement have set their hands and seals on the day and date first written above. VILLAGE OF TEQUESTA PALM BEACH COUNTY, FLORIDA, BY ITS BOARD OF COUNTY COMMISSIO ERS BY: (DATE) S, Z _ R � (DATE)_. JUL 09 1991 ATTEST: ATT, ST : JOHN B. DUNKLE, CLERK t BY: r ,c% BY: (-DATE) � ePuty Clerk- -Jul Q �} APPROVED AS TO FORM AND LEGAL APPROVED AS TO FORM AND LEGAL. SUFFICIENCY: SUFFICIENCY: '�'!/(G�GL'ff2hi l�le exGn� BY: BY: VILLAGE ATTORNEY COUNTY ATTORNEY 4