R94-64RESOLUTION NO. R94-~
A RESOLUTION OF THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA,
AUTHORIZING AND DIRECTING THE MAYOR AND
CITY CLERK TO EXECUTE A CONCEPTUAL
APPROVAL AGREEMENT FOR THE ROSEMARY SCRUB
JOINT CITY~COUNTY ACQUISITION PROJECT
BETWEEN THE FLORIDA COMMUNITIES TRUST
(FCT) AND THE CITY OF BOYNTON BEACH AND
PALM BEACH COUNTY; A COPY OF WHICH IS
ATTACHED HERETO AS EXHIBIT "A"; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, THE Florida Communities Trust (FCT) Governing
Body met on January 6, 1994, to rank and select projects that
were to receive Conceptual Approval for funding; and
WHEREAS, the purpose of
the conditions of Conceptual
by FCT Recipient;
this Agreement is to set forth
Approval that must be satisfied
WHEREAS, the City Commission of the City of Boynton
Beack, Florida, upon recommendation of staff, has deemed it to
be in the best interests of the citizens and residents of the
City of Boynton Beach, Florida to execute a Conceptual
Approval Agreement for the Rosemary Scrub Joint City/County
Acquisition project.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. The City Commission of the City of Boynton
Beach, Floridahereby does authorize and direct the Mayor and
City Clerk to execute a Conceptual Approval Agreement,
attached hereto as Exhibit "A".
Section2i. That this Resolution shall
effective immediately upon passage.
PASSED AND ADOPTED this ~ day of April, 1994.
become
CITY OF ~YNTON B~EACH, FLORIDA
ATTEST:
Cit~ Clerk
(Corporate Seal)
Au'thsig.doc
Rosemary. Scrub
3/25/94
;PEED
.ETTER® 4.02
Mr. Jim Cherof
]~ECE~VbD
City Attornsy APR 1 I
FROM
SPEED LETTER~
Sue Kruse
City Clerk
ESSAGE
Attached for your review and signature are four copies of the Comc~ptual Approval Agreement
With Fla. Comm. Trust reference Rosemary Scrub Acquisition. Per Mike Rumpf in the
Planning Dept., the State has indicated this should be executed by the City first.
Please return the Agreements to this office after your review and signature.
D^TE 4/8/94
EPLY
DATE SIGNED.
R 9 /1. 818 r JUL 0 5 199 ,
' CONTRACT # /5 - CT Oo $ FLORIDA COMMUNITIES TRUST
P3A AWARD# 93- 008 -P3A
CONCEPTUAL APPROVAL AGREEMENT
THIS AGREEMENT is entered into on ����, /.Z , 1994, by
and between the FLORIDA COMMUNITIES TRUST 1CT), a nonregulatory agency
within the State of Florida Department of Community Affairs, and CITY OF
BOYNTON BEACH, a municipality within the State of and PALM BEACH
COUNTY, a political subdivisions of the State of Florida (FCT Recipients)
in order to impose terms and conditions on the use of the proceeds of
certain bonds, hereinafter described, ana the lands acquired with such
proceeds (Project Site), as shall be necessary to ensure compliance with
applicable Florida Law and federal income tax law and to otherwise
implement provisions of Sections 259.101, 375.045, and Chapter 380, Part
III, Florida Statutes.
WHEREAS, Chapter 380, Part III, Florida Statutes, the Florida
Communities Trust Act, creates a nonregulatory agency within the Department
of Community Affairs (Department) that will local governments in
bringing local comprehensive plans into compliance and implementing the
goals, objectives, and policies of the conservation, recreation and open
space, and coastal elements of local comprehensive plans, or in conserving
natural resources and resolving land use conflicts by providing financial
assistance to local governments to carry out projects and activities
authorized by the Florida Communities Trust Act;
WHEREAS, Section 259.101(3)(c) of the Florida Preservation 2000 Act
provides for the distribution of ten percent (10 %) of the net Preservation
2000 Revenue Bond proceeds to the Department of Community Affairs to
provide land acquisition grants and loans to local governments through the
FCT;
WHEREAS, the Governor and Cabinet authorized the sale and issuance of
State of Florida Department of Natural Resources Preservation 2000 Revenue
Bonds (Bonds);
WHEREAS, the Bonds were issued as tax - exempt bonds, meaning'that the
interest on the Bonds is excluded from the gross income of Bondholders for
federal income tax purposes;
WHEREAS, Rule Chapter 9K -4, Florida Administrative Code, sets forth
the procedures for evaluation and selection of lands proposed for
acquisition using funds allocated to the FCT through the Department of
Community Affairs from the Preservation 2000 Trust Fund;
WHEREAS, the FCT Governing Body met on January 6, 1994, to rank and
select projects that were to receive Conceptual Approval for funding;
WHEREAS, the FCT Recipient's project was selected for funding in
accordance with Rule Chapter 9K -4, Florida Administrative Code;
WHEREAS, Rule 9K- 4.010(2)(f), Florida Administrative Code, authorizes
FCT to impose conditions for funding on those FCT applicants whose projects
have been selected for funding in accordance with Rule Chapter 9K -4,
Florida Administrative Code; and
WHEREAS, the purpose of this Agreement is to set forth the conditions
of Conceptual Approval that must be satisfied by FCT Recipient prior to the
disbursement of any FCT Preservation 2000 award and the restrictions that
are imposed on the Project Site subsequent to its acquisition with the FCT
Preservation 2000 Series Bond Proceeds.
NOW THEREFORE, FCT and FCT Recipient mutually agree as follows:
CAA /93- 008 -P3A
3 -4 -94 1
I. GENERAL CONDITIONS
1. At least two original copies of this Agreement shall be executed
by FCT Recipient and returned to the FCT office at 2740 Centerview Drive,
Tallahassee, Florida 32399-2100 within ninety-days (90) .of mailing by FCT
to the FCT Recipient. Upon receipt by FCT of the signed Agreements, FCT
will execute the Agreements, retain one original copy and return all other
copies to FCT Recipient.
2. Conceptual Approval for funding shall be until December 4, 1994.
In the event a project plan has not received project plan approval by
~ecember 4, 1994, the FCT Recipient must request a written extension to the
onceptual Approval Agreement for project continuation in compliance with
ule 9K-4.010(2) (k), Florida Administrative Code. If the Recipient does not
-~.equest an extension, or if an extension is not granted to the FCT
Recipient by the FCT Governing Body, the Preservation 2000 Series P3A award
granted to the FCT Recipient by the Governing Body shall be withdrawn and
this Agreement shall become null and void.
3. The FCT Preservation 2000 Series P3A award granted to the FCT
Recipient will in no event exceed the lesser of FORTY percent (40%) of the
final total project costs, as defined in Rule 9K-4.002(31), Florida
Administrative Code, or TWO HUNDRED SIXTY FOUR THOUSAND THREE HUNDRED
SEVENTY SEVEN AND 00/100 Dollars ($264,377.00), unless the FCT Governing
Body approves a greater amount pursuant to Rule 9K-4.011(2)(a), Florida
Administrative Code.
4. The grant amount reflected in paragraph 1.3., hereinabove, is
based on the FCT Recipient's estimation of Project Costs in application
#93-008-P3A and limits on awards in the Notice of Application Period
announcing the application cycle. The actual total Project Costs, defined
in Rule 9K-4.002(31), Florida Administrative Code, for acquisition of the
Project Site will be reflected on the reconciliation statement prepared as
set forth in paragraph I. 5., hereinbelow. The FCT will participate in the
land cost at the percent stated in paragraph 1.3. times 100% of the -
approved maximum value based on appraisal reports that comply with
~equirements set forth in Section 380.507 (11), Florida Statutes, and Rule
K-6, Florida Administrative Code. All eligible Project Costs expended by
'CT Recipient will be recognized as local match on the reconciliation
~tatement.
5. The FCT Governing Body has given Conceptual Approval for funding
to acquire the entire Project Site identified in the FCT Recipient,s
application ~93-O08-P3A. The Governing Body reserves the right to withdraw
its FCT award if the acreage that comprises the Project Site is reduced so
that the objectives of the acquisition cannot be achieved or if the
priority parcel(s) identified in the acquisition plan prepared pursuant to
Section II, paragraph 4., hereinbelow cannot be acquired through
negotiations by the FCT, or the FCT Recipient if a multi-party agreement is
in effect.
6. FCT awards shall be delivered in the form of a state warrant at
the closing of the Project Site to the ultimate beneficiary or in
accordance with written authorization from the ultimate beneficiary to
allow a third party authorized by law to receive such payment, provided the
Comptroller determines that such disbursement is consistent with good
business practices and can be completed in a manner minimizing costs and
risks to the State. If the Project Site is comprised of multiple parcels,
FCT shall deliver at the closing of each parcel only the share of the FCT
award that corresponds to the parcel being closed. FCT will prepare a
reconciliation statement prior to the closing of the Project Site parcel
-~hat will evidence the amount of local match provided by the FCT Recipient
~nd the portion of the FCT award that corresponds to the parcel being
:losed.
7. The FCT Recipient's local match shall be delivered at the closing
of the Project Site. If the Project Site is comprised, of multiple parcels,
the FCT Recipient shall deliver at the closing of each parcel the share of
the local match that corresponds to the parcel being closed. The cash
expended by the FCT Recipient for eligible project costs incurred by the
FCT Recipient conducting acquisition activities pursuant to a multiparty
agreement between FCT and the FCT Recipient will be recognized as part of
the local match on the reconciliation statement prepared as set forth in
paragraph I. 5., hereinabove. In the event FCT Recipient's application
CAA/93-008-P3A
3-4-94 2
#93-008-P3A represents that land is the source of local match, the value
attributed to the land local match shall be determined after an appraisal
report that complies with the procedures and requirements set forth in
Section 380.507111), Florida Statutes, Rule 9K-6, Florida Administrative
Code, and Uniform Appraisal Standards of Board of Trustees Land Acquisition
is prepared for the land local match.
8. The FCT Governing Body adopted the Preservation 2000 Program
Approved List of Complete Applications for Series 3A Funding Cycle on
January 6, 1994. If by local government initiated action taken subsequent
to January 6, 1994, a Project Site is given an enhanced highest and best
use which would result in a governmentally derived higher value, the FCT
_~cquisition activities will be terminated unless the seller agrees that the
ppraisal will be done at the highest and best use of the Project Site on
r before January 6, 1994. FCT advised the ¥CT Recipient of this condition
.... y letter as attached hereto as Exhibit A and incorporated herein by
reference.
9. FCT Recipient agrees to make diligent efforts to submit the
documentation that is required in this Agreement as soon as is reasonably
possible to FCT so that the Project Site may be acquired in an expeditious
manner.
10. This Agreement may be amended at any time prior to FCT giving
pro'ject plan approval to the FCT Recipient. Any amendment must be set
~forth in a written instrument and agreed to by both the FCT Recipient and
FCT.
II. REQUIREMENTS THAT MUST BE MET PRIOR TO INITIATION
OF PROJECT SITE NEGOTIATION
1. No later than June 30, 1994, the FCT Recipient must provide FCT
with copies of the Property Tax Identification cards for each parcel that
comprises the Project Site.
r~. 2. The FCT Recipient hereby notifies the FCT that Palm Beach County
and The Nature Conservancy will be the party responsible for all
~egotiation and acquisition activities. If the FCT is not the party
~-zesponsible for all negotiation and acquisition activities, the FCT
Recipient hereby agrees to enter into a multiparty agreement with the FCT.
If the FCT Recipient does not enter into a multiparty agreement, FCT shall
conduct all of the negotiation and acquisition a ' ' '
Site. ctlvlt~es for the Project
3. By execution of this agreement,
a. the FCT Recipient is ready,
local match;
the FCT Recipient affirms that:
willing and able to provide the
b. the FCT Recipient reaffirms the representations made in FCT
Application #93-008-P3A;
c. the FCT Recipient shall, on the anniversary date of the
approval of the project plan by the Governing
Body, prepare and submit to FCT an annual report as required by Rule 9K-
4.013, Florida Administrative Code.
4. No later than July 31, 1994, the FCT Recipient must deliver to
FCT a written statement from the Project Site property owner(s) evidencing
that the owner(s) is willing to entertain an offer from the FCT Recipient
~nd FCT.
5. In the event the Project Site is comprised of multiple parcels,
~CT Recipient will provide an acquisition plan to FCT no later than July
31, 1994. The acquisition plan must be approved by FCT prior to the
commencement of negotiations for any parcel in the Project Site. The
acquisition plan will address the order in which the Project Site parcels
will be acquired and the measures that will be taken to assure that the
entire Project Site will be acquired with the FCT Preservation 2000 Series
P3A award to the FCT Recipient.
CAA/93-008-P3A
3-4-94 3
III. OBLIGATIONS OF THE FCT RECIPIENT AS A CONDITION OF
PROJECT PLAN APPROVAL
1. Prior to disbursement of award funds by FCT, the FCT Recipient
must prepare a project plan that complies wit~ Rule 9K-4.011, Florida
Administrative Code. This project plan mus= include the following
documen=s for review and approval by FCT:
a. A signed agreement for acquisition of the Project Site that
is prepared consistent with the requirements of Rule 9K-6, Florida
Administrative Code.
b. A management plan that is acceptable to FCT and that at a
inimum addresses the criteria and conditions set forth in Section v, VI
-=nd VII hereinbelow and Exhibit B, which is attached hereto and
incorporated herein by reference.
c. A statement of the total project cost,
recurring costs of project development.
d. A statement of the amount of the award
the FCT.
including all non-
being requested from
e. A statement from each local government in whose jurisdiction
the Project Site is located that the project plan is consistent with the
local comprehensive plan.
f. In the event that the FCT Recipient is a partnership, the
FCT Recipient must provide FCT with the interlocal agreement that sets
forth the relationship among the partners and the fiscal and management
.esponslbllltles and obligations incurred .by each partner for the Project
Site.
2. Pursuant to 9K-4.011(2)(h), Florida Administrative Code, FCT
shall withhold project plan approval if the local comprehensive plan(s) of
the FCT Recipient or the FCT Recipient's partner is, for any reason found
Rot in compliance by the Department after conceptual approval has been
Iranted by FCT, unless the FCT Recipient has executed a stipulated
.ettlement agreement with the Department to resolve all of the issues
: Jaised by the Department in a statement of intent to find a plan not in
compliance issued to pursuant to Section 163.3184(8), Florida Statutes.
IV.
PROJECT SITE ACQUISITION REQUIREMENTS IMPOSED BY
CHAPTER 259, CHAPTER 375, AND CHAPTER $8~, PART
III, FLORIDA STATUTES.
FCT RECIPIENT AGREES AS FOLLOWS:
1. FCT shall approve the terms under which the interes= in land is
acquired, pursuant to Section 380.510(3), Florida Statutes.
2. Title to the Project Site shall be titled in the FCT Recipient,
unless the FCT Recipient specifically requests that title shall permanently
vest in the Board of Trustees of the Internal Improvement Trust Fund
(Trustees). Such request shall be subject to the approval of FCT and the
Trustees. The FCT Recipient hereby elects that title to the Project Site
shall be vested in Palm Beach County & The Nature Conservancy If the FCT
Recipient elects that title shall vest in the Trustees, then all
acquisition activities shall be administered by FCT and the Division of
~tate Lands as specified in Section 253.025, Florida Statutes, and Rule 18-
., Florida Administrative Code.
3. The transfer of title to the FCT Recipient for the Project Site
shall not occur until the requirements for the acquisition of lands, as
specified in Section 380.507(11), Florida Statutes, and Rule 9K-6, Florida
Administrative Code, have been fully complied with by the FCT Recipient and
FCT.
4. Any deed whereby the FCT Recipient acquires title to the Project
Site shall contain such covenants and restrictions as are sufficient to
ensure that the use of the Project Site at all times complies with Section
375.051, Florida Statutes and Section 9, Article XII of the State
CA3~/93-O08-P3A
3-4-94 4
Constitution and shall contain clauses providing for the conveyance of
title t6 the Project Site to the Board of Trustees of the Internal
Improvement Trust Fund upon failure to use the Project Site conveyed
thereby for such purposes.
5. A Grant Award Agreement containing such covenants and restrictions
as are sufficient to ensure that the use of the Project Site at all times
complies with Section 375.051, F~orida Statutes and Section 9, Article XII
of the State Constitution, containing clauses providing for the conveyance
of title to the Project Site to the Board of Trustees of the Internal
Improvement Trust Fund upon failure to use th? Project Site for such
purposes and describing the real property sub3ect ~o the Agreement shall be
~e~xecuted by the FCT and FCT Recipient at the time of the conveyance of the
roject Site and shall be recorded in the county in which the Project Site
s located.
6. If any essential term or condition of the grant is violated, and
the FCT Recipient does not correct the violation within 30 days of written
notice: of violation, title to all interest in the Project Site shall be
conveyed to the Board of Trustees of the Internal Improvement Trust Fund.
The deed transferring title to the Project Site to the FCT Recipient shall
set forth the executory interest of the Board of Trustees of the Internal
Improvement Trust Fund. ~
7. The interest, if any, acquired by the FCT Recipient in the Project
Site will not serve as security for any debt of the FCT Recipient.
8. If the existence of the FCT Recipient terminates for any reason,
title
to all interesn in real property it has acquired with the FCT award
~hall be conveyed to the Board of Trustees of the In{ernal Improvement
~rust Fund, uniess FCT negotiates an agreement with another local
government or nonprofit organization.
9. The Project Site shall be managed only for the conservation,
~protection and enhancement of natural and historical resources and for
public outdoor recreation that is compatible with the conservation,
protection and enhancement of ~he Project Site, along with other related
~ses necessary fo~ the accomplishment of this purpose~ The proposed uses
or the Project Site must be specifically designated in the management plan
?proved by thR FCT as a part ~f the project plan.
Ve
OBLIGATIONS OF THE FCT RECIPIENT AS A CONDITION
OF PROJECT FUNDING
1. Following the acquisition of the Project Site, the FCT Recipient
shall ensure that the future land use designation assigned to the Project
Site is for a category dedicated to open space, conservation, or outdoor
recreation uses as appropriate. If an amendment to the FCT Recipient,s
comprehensive plan is required, the amendment shall be proposed at the next
comprehensive plan amendment cycle available to the FCT Recipient
Subsequent to the Project Site's acquisition.
2. FCT Recipient shall ensure, and provide evidence thereof to FCT,
that all activities under this Agreement comply with all applicable local,
state, regional and federal laws and regulations, including zoning
ordinances and the applicable adopted and approved comprehensive plan.
Evidence shall be provided to FCT that all required licenses and permits
ha~e been obtained prior to the commencement of any construction.
3. The FCT Recipient shall, through its agents and employees,
~.~revent the unauthorized use of the Project Site or any use thereof not in
:onformity with the management plan approve by the FCT as a part of the
)roject plan.
4. FCT staff or its duly authorized representatives shall
right at any time to inspect the Project Site and the operations
R~clpient at the Project Site.
have the
of the FCT
the 5. Ail buildings, structures, improvements, and signs shall require
prior written approval of FCT as to purpose. Further, tree removal,
other than non-native species, and ma]or land alterations shall rec~/lre the
written approval of FCT. The approvals required from FCT shall non be
Unreasonably withheld by FCT upon sufficient demonstration that the
CAA/93-008-P3A
3-4-94 5
proposed structures, buildings, improvements, signs, vegetation removal or
la~d alterations will not adversely impact the natural resources of the
Project Site. The approval by FCT of the FCT Recipient,s management plan
addressing the items mentioned herein shall be considered written approval
from FCT.
VI. OBLIGATIONS OF THE FCT RECIPIENT RELATING TO THE
USE OF BOND PROCEEDS
1. FCT is authorized by Section 375.045(4), Florida Statutes, to
~_~mpose conditions for funding on FCT Recipient in order to ensure that the
roject complies the requirements for the use of Preservation 2000 Bond
roceeds.
2. If the Project Site is to remain subject, after its acquisition
by the FCT Recipient and/or the Trustees, to any of the below listed
activities or interests, the FCT Recipient shall provide at least 60 days
advance written notice of any such activity or interest to FCT, and shall
provide to FCT such information wfth respect thereto as FCT reasonably
requests in order to evaluate the legal and tax consequences of such
activity or interest:
a. any lease of any interest in the Project Site to any person
or organization;
b. the operation of any concession on the Project Site to any
person or organization;
c. any sales contract or option to buy things attached to the
Project Site to be severed from the Project Site, with any person or
organization;
d. any use of the Project Site by any person other than in such
person's capacity as a member of the general public;
e. a management contract of the Project Site with any person or
)rganization; and
~" f. such other activity or interest as may be specified from
time to time in writing by FCT to the FCT Recipient.
3. FCT Recipient agrees and acknowledges that the following
transaction, events, and circumstances may be disallowed on the Project
Site as they may have negative legal and tax consequences under Florida law
'and federal income tax law:
a. a sale of the Project Site or a lease of the Project Site to
any person or organization;
b. the operation of a concession on the Project Site by any
person or organization;
c. a sale of things attached to the Project Site to be severed
from the Project Site to any person or organization;
d. any change in the character or use of the Project Site from
that use expected at the date ~f the issuance of any series of bonds from
Which the disbursement is to be made;
e. any use of the Project Site by any person other than in such
~erson's capacity as a member of the general public;
f. a management contract of the Project Site with any person or
organization; and
g. such other activity or interest as may be specified from
time to time in writing by FCT to the FCT Recipient.
DELEGATIONS AND CONTRACTUAL ARRANGEMENTS BETWEEN THE FCT RECIPIENT AND
~THER GOVERNMENTAL BODIES, NOT FOR PROFIT ENTITIES, OR NON GOVERNMENTAL
PERSONS FOR USE OR MANAGEMENT OF THE PROJECT SITE WILL IN NO WAY RELIEVE
THE FCT RECIPIENT OF THE RESPONSIBILITY TO ENSURE THAT THE CONDITIONS
IMPOSED HEREIN ON THE PROJECT SITE AS A RESULT OF UTILIZING BOND PROCEEDS
CAA/93-008-P3A
3-4-94 6
TO ACQUI~RE THE PROJECT SITE ARE FULLY COMPLIED WITH BY THE CONTRACTING
PARTY.
VII. CONDITIONS PARTICULAR TO THE PROJECT SITE THaT
MUST BE ADDRESSED IN THE MANAGEHENT PLAN.
1. The FCT Recipient shall provide outdoor recreational facilities
including nature trails, an interpretive kiosk and a parking area on the
Project Site. The facilities shall be developed in a manner that allows
the general public reasonable access for observation and appreciation of
~he significant natural resources on the Project Site without causing harm
~ those resources.
-- 2. The timing and extent of a vegetative survey of vegetative
communities and plant species on the Project Site shall be specified in the
management plan. The FCT Recipient shall detail how the survey shall be
used during development of the site to insure the protection, restoration,
and preservation of the natural resources on the Project Site.
3. The sand pine scrub, pine flatwoods and mesic hammock plant
communities that exist on the Project Site shall be preserved and
appropriately managed to ensure the long-term viability of these
communities.
4. The Project Site shall be managed in a manner that optimizes
habitat conditions for listed wildlife species that utilize or could
potentially utilize the Project Site, including the gopher tortoise, the
Florida scrub lizard and Florida scrub jay. The FCT Recipient shall
coordinate with the Game and Fresh Water Fish Commission and the Nature
Conservancy on the management of the Project Site for the protection of
listed !species and listed species habitat. The FCT Recipient shall also
conduct~ periodic, surveys of listed species using the Project Site and
develop informational signs relating to the protection of listed animal
species and their habitat.
.~ 5. The FCT Recipient shall remove approximately 4 acres of exotic
egetation from the Project Site and manage this area to allow for natural
uccession by native vegetative species.
6. Prior to the commencement of any proposed development activities,
measures will be taken to determine the presence of any archaeological
sites. All planned activities involving known archaeological sites or
potential site areas shall be closely coordinated with the Department of
State, Divislon of Historic Resources, in order to prevent the disturbance
of significant sites.
7. The FCT Recipient shall ensure that the Project Site and listed
animal Species and their habitat are sufficiently buffered from the adverse
impacts of adjacent land uses.
8. A vegetative analysis of the Project Site shall be performed to
determine which areas of the Project Site require a prescribed burning
regime limplemented to maintain natural fire-dependent vegetative
communities. The FCT Recipient shall coordinate with the Division of
Forestry and the Game and Fresh Water Fish Commission on the development of
a prescribed burn plan for the Project Site.
9. Environmental education and scientific research programs related
to the natural resources on the Project Site shall be developed and
implemented.
10. Access to the Project Site by pedestrians and bicyclists shall be
~ jromoted as an alternative to automobile access.
11. The requirements imposed by other grant program funds that may be
sought by the FCT Recipient for activities associated with the Project Site
shall not conflict with the terms and conditions of the FCT award.
This Agreement including Exhibits "A" and "B" embodies the entire
agreement between the parties.
IN WITNESS WHEREOF, the parties hereto have duly executed
this Agreement.
CAA/93-008-P3A
3-4-94 7
AGREED AND ACCEPTED, this
day of , 1994
ATTEST: PALM BEACH COUNTY, FLORIDA
Dorothy H. Wilken, Clerk BOARD OF G UNTY COMMISSIONER
Deputy Clerks , e O UN �►i Chai
Date: JUL 0 ( SEAL) 5. 't y � �� ,� Date: 0 5 t 94
z' :� c 'S JUL
;Q:O: COUNTY,
,% ilryi
' 4 ► f'. C R 1 C ) .,:)
Accepted as to ,4 'O' Jane Legal R 9 4 8 1 8 0
Sufficiency:
BY: .�i �.► /
County Att•rney
Date: l `1
CITY OF BOYNTON BEACH
ATTEST: As to the City
By: &iwx.c: By: kiezaa_. L
Title: C L'G Title: Mayor
Date: ' 3 v /99' Date: /10A% .3 /, /9:P4Z
Accepted Le4a. Form and Sufficiency:
By:
City ttorney
Date: /) % off/, /
FLORIDA COMMUNITIES TRUST
A i ?
Linda komis She ley, Chair
�
Date: 4, Q �
Accepted as to Form and Legality:
6--".c. /'
Date: T
CAA /93- 008 -P3A
3 -4 -94 8
January 21, 1994
EXHIBIT A
Richard E. Walesky, Director
Palm Beach County
Department of Environmental Resource Management
3111 S. Dixie Highway, Suite '146
West Palm Beach, Florida 33405
RE: Rosemary Scrub
Palm Beach County & City of Bovnton Beach
FCT Project Number: #93-0081-~3A
Dear Mr. Walesky:
On October 19, 1993, the Florida Communities Trust ("FCT")
Governing Body adopted the Preservation 2000 Program Approved
List of Complete Applications for Series P3A Funding Cycle. On
January 6, 1994, the FCT Governing Body ranked and selected for
funding certain applications on the Preservation 2000 Program
Approved List of Complete Applications for Series P3A Funding
Cycle. The above referenced pro3ect application, which was
submitted by your jurisdiction, is included on the above-
referenced list and was selected for conceptual approval for
funding.
All FCT project sites will be purchased upon voluntary negotiated
terms between FCT, the local government and the seller. Once an
application has been placed on the Preservation 2000 Program
Approved List of Complete Applications for Series P3A Funding
Cycle, decisions made by governmental authorities, such as
rezcning, annexation, extension of water/sewer services, etc.,
may have an effect on the value of the pro3ect site identified in
~hat FCT application.
In that regard, the staff of the FCT has been directed by the
Governing Body as follows:
If by an action initiated by the local government subsequent
to the time the FCT Governing Body adopted the Preservation
2000 Program Approved List of Complete Applications for
Series P3A Funding Cycle, a project site is given an
enhanced highest and best use which would result in a
governmentally derived higher value, the FCT acquisition
activities will be ~erminated unless the seller agrees that
or Cosl~r'xlm Art^ms · 2~40 C[xT[~Vl[=' D~vz . T^~u^~. ~ 32399-2100 - 904 '922-220- S~ xCo~ 292-220-
January 21, 1994
Page Two
the appraisal will be done at the highest and best use of
the project site at the time the FCT Governing Body approved
the Preservation 2000 Program Approved List of Complete
Applications for Series P3A Funding Cycle.
This policy is revised from earlier cycles to apply only to
actions initiated by the local government. P=e~iously, the
policy applied to all action, whether initiated by a property
owner or the local The governing body recognizes
that must respond to actions requested by
property may be compelled by local government
regulations to gr~ ! use changes that may impact values.
Therefore, please advise me in writing at the time you return to
FCT the executed Conceptual Approval Agreement, whether any
action has been taken by your local government subsequent to
October 19, 1993, Which potentiall.y affects the FCT project site
in your jurisdiction or if any action has been requested of the
local government =oncerning the FCT project site.
Sincerely
~xn~ceutPTveerYDirector
AP/cr
"EXHIBIT
FLORIDA COMMUNI 'IES TRUST
TECHNICAL ASSISTANCE BULLETIN: 02
WRITING A MANAGEMENT PLAN
The conceptual management plan submitted as a part of a Florida
Communities Trust ("FCT") grant application or proposal serves as a
basis for the management plan for project sites purchased with funds
from FCT. Materials and information gathered for the application or
proposal can and should be reflected in the plan where appropriate.
Conditions required in the Conceptual Approval Agreement or Grant
Agreement should be incorporated in the management plan. Location map,
boundary map, vegetative surveys, site plans, Conceptual Approval
Agreement, the recorded deed when it becomes available, and other
supporting documents should be included as exhibits or included in the
appendix of the management plan for future readers. The following
general outline identifies the range of issues to be addressed in the
managemen~ plan, where applicable.
INTRODUCTION kND GENERAL INFORMATION
Provide information including the name of the project, the location
of the Froject Site, and other general information such as a brief
resource description, and historical information relevant to site
management.
Provide a table of contents of the management plan.
PURPOSE OF THE PROJECT AND MANAGEMENT
Discuss the purpose for acquiring the Project Site and proposed
future uses consistent with statements made in the applicatlon or
proposal. Provide a summary of the comprehensive plan directives
that would be furthered by managing the site as proposed.
Commitments made in the application or proposal and reinforced by
conditions of the grant funding must be reflected in the management
plan.
Identify the principle objectives for managing natural resources and
compatible outdoor recreation.
Identify a procedure to amend the land use designation to
conservation, outdoor recreation, open space, or other similar
category once the land is acquired.
Include provisions to ensure that the Project Site is identified in
all signs, literature, and advertising as being publicly owned, open
~o the public and operated as a natural resource conservation area,
outdoor recreation area, or other appropriate descriptive language,
and identify!ng the Project Site as having been purchased with funds
from the FCT and the Recipient.
Rev. 3/4/94
SITE DEVELOPMENT, IMPROVEMENTS AND ACCESS
Incorporate a provision for requesting-written approval from the
before undertaking any site alterations or phyefcal improvements
that are not addressed in the FCT approved management plan.
FCT
Physical ImDrovements
Identify and locate existing and proposed physical improvements to
the Project Site on a master site plan. These might include such
things as signs, fences, walkways, recreational paths, campgrounds,
restrooms, educational space, utility corridors, parking areas and
buildings.
Identify any proposed alteration of land use or character, the
approximate area affected and how this activity will be coordinated
with the protection of listed plant and animal species. Identify any
permits or approvals that may be required for the development or
restoration work and a procedure for providing evidence to the FCT
prior to the initiation of any activity that all required licenses
and permits have been obtained.
Include the placement of at least one sign identifying the Project
Site as being open to the public, purchased with funds from FCT and
the Recipient, operated as a natural resource conservation area,
outdoor recreation area, or other appropriate descriptive language.
Access
Identify how access to the Project Site will be provided. For
example, are parking places proposed on-site, and if so,
approximately how many spaces or how much area will be devoted to
this use? If parking is not proposed on-site, are there existing or
proposed spaces adjacent to or sufficiently near the property?
Identify any proposed access to waterbodies including, but not
limited to, marinas, docks, boat ramps, fishing piers or viewing
platforms and the approximate size of the facility. Consider
providing bike paths to the site and bike racks at the site to
provide an alternative to automobile transportation to the Project
Site.
Access to Project Sites should
federal construction standards,
Disabilities Act.
be compatible with all state and
including the Americans with
Identify existing and proposed easements, concessions, or leases.
If easements, concessions, or leases are anticipated to be granted
on the Projec~ Site, such proposed arrangements need to be
identified. These might include utility rights-of-way, flowage or
access easements, recreation or supply concessions, and leases or
Dther instruments that would allow grazing, timbering, agriculture,
or other revenue producing enterprises.
Include a procedure to provide 60 days prior written notice and
information regarding any lease of any interest, the operatlon of
any concession, an}' sale or option, an}' use other than by a member
Rev. 3/4/94 2
of the public, and management contracts of the Project Site with
non-governmental persons or organizations.
KEY MANAGEMENT ACTIVITIES
Maintenance: Identify required maintenance activities, including
but not limited to trash removal, site cleanup, and facilities
upkeep. Identify the entity responsible for property maintenance.
Identify procedures to ensure that dumping of trash or hazardous
material does not occur on or adjacent to the Project Site.
Identify contemplated service contracts with private concerns such
as garbage removal, restroom cleaning, security guards, etc.
Security: Identify the parties responsible for preventing
vandalism, trespassing, and other property damage. Identify
measures to protect the Project Site and the public using the site
such as on-site manager, security guards, neighborhood watch,
emergency phones, etc.
Staffing: Identify the expected staffing requirements for
management of the Project Site including both permanent and
volunteer staff.
Natural resource protection: Identify the natural resources at the
Projec= Site and the issues, problems, and proposed managemen=
techniques associated with protection of those natural resources.
Management techniques should include, but not be limited to, a
baseline survey of listed plant and animal species, protection of
listed plant and animal species, protection of imperiled or
critically imperiled vegetative communities, protection of
geological features, protection of surface water and groundwater
quality and hydrology and prescribed burns.
Identify monitoring activities to insure the continued viability of
vegetative communities and listed species found on the Project Site.
The monitoring plan should include periodic surveys of the
vegetative communities, listed plant species, and listed animal
species found on the Project Site. Provide for forwarding survey
information on the occurrence of listed plant and animal species to
the Florida Natural Areas Inventory.
Resource restoration and enhancement: Identify the primary
components of the Project Site enhancemen~ and restoration effort,
if any. These might include removal of invasive exotic plant
species, removal of feral animals, restoration of wetlands,
improvement of surface water quality, recovery plan for listed
spec!es, and restoration of uplands habitat. This section should
include a time frame for implementing and completing the activit!es
and a monitoring program to insure success of the resource
enhancement activities. Identify par=s of the property that require
different degrees or types of enhancement management.
Archeological and historical resource protection: Identify any
arch~ological or historical sites on the Project Site and the
primary components of managing the archeologlcal or historical
Rev. 314/94 3
sites. Outline procedures to protect archeological or historical
sites that may be identified in the future.
Incorporate a provision that if any archaeological and historic
resources are discovered at the Project Site, the Recipient shall
comply with the provisions of Chapter 267, Florida Statues
specifically Sections 267.061 (2) (a) and (b). Provide for
coordination with the Di¥ision of Historical Resources, Florida
Department of State.
Coordination: Explain how the management of the site will be
coordinated with other adjacent land owners and other resource
protection agencies. For example, in the case of prescribed burns,
what measures will be used to minimize impacts on nearby residential
properties? Identify measures to protect the Project Sites from
adjacent off-site activities that might impact resources on the
Project Site such as pesticide spraying on adjacent property, water
treatment facility discharging into creeks flowing through Project
Site, etc.
Include provisions to coordinate with other agencies for appropriate
guidance, recommendations, and necessary permits that may be related
to the Project Site, such as the following: the Florida Game and
Fresh Water Fish Commission and U.S. Fish and Wildlife Service to
avoid impacts to listed species; the Water Management District and
Department of Environmental Protection to ensure that development of
the Project Site is done in a manner to protect or improve water
quality; the Division of Forestry and the Game and Fresh Water Fish
Commission on the implementation of a prescribed burn program; other
local, state, or federal agencies special management plans, if
appropriate.
COST ESTIMATE AND FUNDING SOURCE
Identify the estimated costs of the various development and
management activities outlined in the management plan. For review
and analysis purposes, the estimated costs should be separated into
the same categories as the identified activities.
Identify the entity that will pay for development and management of
the Project Site and some measure of the commitment or capacity to
provide these monies. For example, adequate personnel and resources
in the local parks and recreation department may exist to address
the added burden associated with the Project Site. Identify any
citizen organization or non-profit groups committed to providing
services or funding and a measure of commItment or capacity to
provide these services.
PRIORITY SCHEDULE
Identify a proposed time line for implementing the development and
management activities of the management plan based on establishe~
priorities and the availability of funds. Provide a graphic display
of the implementation time lines.
Rev. 3/4/94 4
MONITORING
Identify procedures for assessing progress in achieving goals set
forth in the management plan such as the percentage of property
restored, inventory of species using the Project Site, etc.
Identify procedures for periodic amendment to the management plan,
when appropriate. Include a provision acknowledging responsibility
for preparing an annual stewardship report to the FCT, due on the
anniversary date on which the Project Plan was approved by FCT.
Rev. 3/4/94 5