R95-183RESOLUTION NO. R95-/,~'..~
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING
AND DIRECTING THE MAYOR AND CITY CLERK TO
EXECUTE AN INTERLOCAL AGREEMENT BETWEEN
THE CITY OF BOYNTON BEACH AND PALM BEACH
COUNTY FOR THE ACQUISITION OF THE ROSEMARY
SCRUB ECOSITE AND ITS MANAGEMENT AS A
NATURAL AREA; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, on March 12, 1991, the voters of Palm Beach County approved a
$100 million bond referendum for the acquisition of environmentally sensitive lands;
and
WHEREAS, the Rosemary Scrub site (Ecosite 36) in Boynton Beach was
designated as one of the high-priority sites to be acquired with funds from this bond
referendum; and
WHEREAS, both the City and the County have deemed that it is in the best
interest of the residents and citizens of Palm Beach County and the City of Boynton
Beach to acquire the Rosemary Scrub property in order to preserve the site in its
natural state for future generations as an intact native Florida ecosystem;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. The Mayor and City Clerk are hereby aUthorized and directed to
execute an Interlocal Agreement between the City of Boynton Beach, Florida and Palm
Beach County, for the acquisition of the Rosemary Scrub Ecosite and its Management
as a Natural Area, said Agreement being attached hereto as Exhibit "A".
~ This Resolution shall become effective immediately upon passage.
PASSED AND ADOPTED this ~' day of November, 1995.
CITY OF BOYNTON BEACH, FLORIDA
Mayor
ATTEST:
Authsig.res
Interloca[/Rosemary Scrub
1112/95
C(
R 5 16290
INTERLOCAL AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH, FLORIDA AND PALM
BEACH COUNTY FOR THE ACQUISITION OF THE ROSEMARY SCRUB ECOSITE AND ITS
MANAGEMENT AS A NATURAL AREA
NOV211995
' THIS AGREEMENT is made and entered into on this day of , 1995, by arid
; between the City of Boynton Beach, Florida, hereinafter referred to as the "City", a Florida municipal
1 corporation, and Palm Beach County, Florida, hereinafter referred to as the "County", a political subdivision
of the State of Florida.
WITNESETH:
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WHEREAS, on March 12, 1991, the voters of Palm Beach County approved a $100 million bond
referendum for the acquisition of environmentally sensitive lands; and
WHEREAS, the Rosemary Scrub site ( Ecosite 36) in Boynton Beach was designated as one of the
high - priority sites to be acquired with funds from this bond referendum; and
WHEREAS, both the City and the County have deemed that it is in the best interest of the
residents and citizens of Palm Beach County and the City of Boynton Beach to acquire the Rosemary
{ Scrub property in order to preserve the site in its natural state for future generations as an intact native
Florida ecosystem; and
WHEREAS, the Board of County Commissioners and the City of Boynton Beach have submitted
a partnership grant application to the Florida Communities Trust (FCT) for state matching funds to acquire
1 the Rosemary Scrub site; and
I' WHEREAS, the County and the City, as the FCT Recipients, have signed a Conceptual Approval
Agreement with FCT for the receipt of these funds; and
I WHEREAS, the County has purchased the Rosemary Scrub site, now known as the Rosemary
9 Scrub Natural Area, and wishes to be reimbursed by FCT for the state's portion of the acquisition costs;
and
WHEREAS, the Conceptual Approval Agreement requires that the parties of the partnership
application enter into an interlocal agreement which sets forth the relationship among the partners and the
fiscal and management responsibilities and obligations incurred by each partner for the Ecosite and that
the interlocal agreement be made a part of the project plan; and
WHEREAS, the execution of this agreement is in the best interest of both governmental units and
1 the residents and citizens of same
NOW, THEREFORE, in consideration of the mutual covenants, agreements, and restrictions set
11 forth herein, the parties to this agreement agree as follows:
r t ARTICLE I - IN GENERAL
1 The County and City agree that the County has acquired and will manage certain real property
located within the corporate limits of the City of Boynton Beach, Florida, known as the "Rosemary Scrub
Natural Area ", which real property is more particularly described in Exhibit A attached hereto and made
;1 a part hereof.
2. The management of the property by the County, with assistance from the City, shall serve to E'
I preserve the biological community on the property in its natural state as an example of a Florida scrub !
1 ecosystem in Palm Beach County. It is the intent of the parties that the Rosemary Scrub Natural Area shall !
be managed solely as a nature preserve, to provide certain scientific and educational benefits and to
1 provide passive recreational opportunities for residents and citizens of the City and the County. The
property shall be kept in its natural state, such that present and future generations will be able to
experience the natural values currently exhibited on the property, acts of God or other events beyond the
control of the City and the County notwithstanding.
3. The parties hereto agree to review their respective zoning ordinances and comprehensive plans I
I and to take steps to designate this property appropriately in the future under their comprehensive land use,
1 plans and zoning ordinances, given its intended use as a natural area. The future land use designation
assigned to the Natural Area shall be for conservation. If an amendment to the City's and /or County's
11 comprehensive land use plan is required, the amendment shall be proposed at the next comprehensive
' E plan amendment cycle available.
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4. The Natural Area shall be managed only for the conservation, protection and enhancement of
natural and historical resources and for passive, natural resource -based public outdoor recreation that is
compatible with the conservation, protection and enhancement of the Natural Area. The parties may make
and maintain physical improvements to the property such as fencing, a parking area and foot trails, only
as appropriate for passive resource -based uses.
5. The Natural Area shall be open to the public. The locations of public access points and any
restrictions on access will be described in the management plan
6 The parties shall use their best efforts, through their agents and employees, to prevent the
unauthorized use of the Natural Area or any use not compatible with the management of the site as a
natural area or nature preserve
7. In the acquisition, management, and maintenance of the subject property, each party shall be
liable for its own actions and negligence.
I � I 8 The title to the property shall be held by the County.
9. This Interlocal Agreement shall be recorded in the Public Records of Palm Beach County,
11 Florida, in accordance with applicable law
10 This Agreement shall be deemed to be the sole agreement between the parties, and no prior
agreements or other writings shall supersede that which is contained in this Interlocal Agreement.
11. For the purposes of this Interlocal Agreement, notices to the other party shall be deemed
sufficient when addressed to the following address and deposited in the United States Mail:
a. City of Boynton Beach
Office of the City Manager
100 E Boynton Beach Boulevard
Boynton Beach, FL 33425 -0310
b� I
' ; b Palm Beach County
Department of Environmental Resources Management
3323 Belvedere Road, Bldg 502
West Palm Beach, FL 33406
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12. This Agreement shall be rendered null and void if not executed by all parties hereto on or
before December 4, 1995.
ARTICLE II - JOINT RESPONSIBILITIES
13. The County, in cooperation with the City, shall manage the Natural Area for habitat
preservation and passive recreation, keeping the property in its natural state except for the maintenance
of fences, firebreaks and foot trails and other management activities appropriate for a nature preserve
Management activities will initially consist of removal of trash and invasive vegetation from the site. Long-
term management of this site will require controlling invasive vegetation, monitoring listed plant and animal
species, and prescribed burning. Subject to annual appropriations by the County's Board of County
Commissioners and the City of Boynton Beach, personnel time and expertise for on- going, site - specific
management of this site will be provided by both parties. A detailed division of responsibilities for the
management of this site will be provided in the management plan. The parties shall apply for any funds
available from the State for management purposes, and will minimize management costs through the
involvement of volunteers
14 The parties shall prepare, separately or jointly, brochures and other educational material
describing the natural resources, uses, and joint management of the property. Any material prepared by
one party shall be submitted to the other party for its prior review and approval Approval shall not be
unreasonably withheld. The cost of any jointly- prepared materials shall be shared equally by the parties,
and the costs of any material prepared individually shall be solely that party's responsibility. Both parties
shall encourage students and residents to use the natural area for educational and passive recreational
purposes
15. The Natural Area will be identified as being publicly owned and operated as a passive, natural
resource -based public outdoor recreational site in all signs, literature and advertising.
16. The parties agree that the County will erect a sign or monument identifying the Natural Area
as being open to the public, as having been purchased with funds from FCT and the County, and as being
managed by the County, with the cooperation of the City.
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ARTICLE III - RESPONSIBILITIES OF THE COUNTY
17 The County agrees to comply with all requirements of FCT for provision to the County of the l
I State's share of forty percent (40 %) of the acquisition costs.
18. The County agrees to plan and, subject to FCT approval and a budget approved by the Board
of County Commissioners, to pay for physical improvements to the site that would encourage public use
of the site as a nature preserve. These facilities may include, but not be limited to, walking and interpretive
trails, an educational display (kiosk), and parking facilities. The City and County shall use their best efforts
to plan and construct these facilities, taking into consideration primarily the sensitivity and needs of the
biological community and secondarily the intended research, educational and recreational uses of the
property
19. The County agrees to secure the Natural Area with fencing, gates and signage to discourage
unauthorized activities such as dumping of trash and off -road vehicle usage, while permitting public access
to the Natural Area for scientific research, environmental education, and passive recreational activities.
The County will be responsible for upkeep of the fences, gates, kiosk, parking area, and signs.
20 The County will develop a management plan and a controlled burn plan for the Natural Area,
in consultation with the City. The management plan will be subject to the approval of FCT.
21 The management plan will contain a mechanism for the City and the County to determine
jointly the future of the natural preserve, should any unforeseen events or activities, either natural or man-
; made, severely limit or eliminate the natural values presently on the property.
22. The County, in coordination with the City, will prepare and submit to FCT an annual report to
FCT as required in the Conceptual Approval Agreement
23. Management of all natural areas acquired by the County will be coordinated on a countywide
j basis to protect ecosystems and populations of listed species throughout the County.
24. The County agrees to identify a County employee as a contact person to interact with the City
11 in planning for and managing the Natural Area
25. The County agrees to identify a County employee as the public contact person to coordinate
7 group usage and research on the Natural Area and to answer public inquiries about the site.
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ARTICLE IV - RESPONSIBILITIES OF THE CITY
26. The City agrees to assume primary responsibility for public safety and law enforcement at the
Natural Area. This includes routine patrols of the boundaries and the prevention of vandalism, vehicular
trespass, dumping, and damage to property and natural resources.
27. The City agrees to provide long -term maintenance of the site, including weekly garbage pick-
up, police services, and regular mowing of perimeter firebreaks. The City will assume responsibility for the
daily opening and closing of any gates providing public access to the site. This responsibility may be
delegated to a local resident or stewardship group if approved by both the County and the City.
28. The City agrees to assist the County in the long -term management of the site, including
removal of exotic vegetation, removal of trash and debris collected during volunteer activities, periodic
prescribed burns, and other activities
29. The City agrees that its review of any proposed changes and uses of, or activities on, real
property immediately adjacent to the Natural Area shall be reviewed to ensure the protection of the
biological community on the preserve and to avoid adverse impact on the species present
30. The City agrees to identify a City employee as the contact person to interact with the County
in planning for and managing the Natural Area.
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31. The City will encourage students and residents to utilize the site for educational and
recreational purposes.
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WHEREFORE, the parties hereto have set their hands and seals on the day set forth next to their
signatures
ATTEST. PALM BEACH COUNTY, FLORIDA, BY
ITS BOARD OF COUNTY COMMISSIONERS
Dorothy H. Wilken, Clerk
BY. G 1L/A BY. v 1
C V211995
DATE .° '' ";'`, DATE: •
APPRCIVp :, M AND
LEGAL SC3� ��kelENf
-/ '
, / V r
BY: Assistat County 'tt' ney
DATE if 1
ATTEST CITY OF BOYNTON BEACH, FLORIDA,
BY ITS COUNCIL
f / ,/
BY r.,i
lt/li / ..�. BY. `I
r� r
Clerk Mayo
DATE. //14 //9_4" �
DATE: /�7
(SEAL)
APPROVED AS TO FORM AND
LEGAL SUFFICIE ClY:
BY ( t t
City Att•Lr - y
DATE 10,5'
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