84-CCCRESOLUTION NO. 84-~
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF BOYNTON BEACH, FLORIDA
APPROVING PROJECT AGREEMENT AND GRANT
ACCEPTANCE WITH THE DEPARTMENT OF
NATURAL RESOURCES FOR A $211,867.00
GRANT UNDER THE FLORIDA RECREATION
DEVELOPMENT ASSISTANCE PROGRAM.
NOW, THEREFORE, BE AND IT IS HEREBY RESOLVED BY THE
CITY COUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA:
Section 1. That the Mayor and City Council hereby
authorize the acceptance of the grant and approve the pro-
ject agreement.
Section 2. That the Mayor and City Clerk are hereby
authorized and directed to execute on behalf of the City of
Boynton Beach, Florida, the State of Florida Department of
Natural Resources, Florida Recreation Development Assistance
Program Project Agreement.
PASSED AND ADOPTED this _~ day of June, 1984,
CITY OF BOYNTON BEACH, FLORIDA
9ice Mayor
CoUncil Member
Council Member
ATTEST:
(Corporate Seal)
Council Member
(DNR Contract Number)
FLORIDA DEPARTMENT OF NATURAL RESOURCES
FLORIDA RECREATION DEVELOPMENT ASSISTANCE PROGRAM
Project Agreement
FRDAP # 10-66-16
(Project Number)
This Project Agreement made and entered into this
day of , , by and between the State of Florida
Department of Natural Resources, hereinafter called DEPARTMENT,
and the City of Boynton Beach
, hereinafter called the
PROJECT SPONSOR, in furtherance of an approved outdoor recreation
project involving the parties hereto in pursuance of which the
parties hereto agree as follows:
1. This Project Agreement shall be performed pursuant to
Section 375~021(3), Florida Statutes and Chapter 16D-5, Part II,
Florida Administrative Code, Exhibit A, attached. In the event a
dispute should arise between the parties concerning the intent of the
language herein contained, the same shall be resolved by the adoption
of that_ meaning which furthers the intent and purpose of sa~d actions
of the~ Florida Legislature and the Executive Board of the Department of
Natural Resources. It is the intent of the parties hereto that none
of the provisions of Section. 163.01, Florida Statutes, shall have
application to this Project Agreement.
2. ~ne DEPARTMENT has found that outdoor recreation is
Boat Club Park
the primary' purpose of the project known as
(Florida ~ecreation Development Assistance Program,
10-66-16i
Project Num/Der , and enters into this Project Agreement
with the PROJECT SPONSOR for construction of outdoor recreation
facilities and improvements on real property, the legal description.
of which is set forth in Exhibit "B" attached
3~ The PROJECT SPONSOR will construct, or cause the con-
struction of, certain outdoor recreation facilities and improvements
Page 1 of 6
DNR 42-058
Revised 4-1-84
in accordance with the following project elements:
Picnicking, pedestrian walkways, restrooms, irrigation, signage,
roadways, parking, architect fees, survey fees, and engineering
fees.
4. The PROJECT SPONSOR shall have all final development.
plans (site, a~chitectural, engineering) prepared and certified
by a registered architect or engineer. Prior tO commencement of
project construction, the PROJECT SPONSOR shall provide for
DEPAR?MEN~AL approval a certified site development plan of the
project along with a list identi£ying the number and types of
project recreation-and support facilities to be constructed;
improvements to be made and associated project expenses. These
documents shall become Exhibit "D" to the Project Agreement.
5. The PROJECT SPONSOR agrees to operate and maintain
the project, to the DEPARTMENT's Satisfaction, for a minimum
period of twenty-five (25) years from the date of project
completion and will pay all such expenses as a PROJECT SPONSOR
expense. The project shall be open f~r public use; shall be main-
tained in accordance with applicable health standards and shall be
kept reasonably, safe for public use. Project facilities and impro-
vements shall be kept in reasonable repair to prevent undue
deterioration and to encourage public use. The PROJECT SPON'SOR
covenants that it has full legal authority and financial ability to
operate and maintain said project facilities and improvements.'
6. The DEPARTMENT shall pay, on a reimbursement basis,
to the PROJECT SPONSOR such Program funds, not to exceed $211,867.00
which will pay said Program's share of the cost of the project.
Program fund limits are based upon the following:
211,867.00
105,933.50
Program Amount $
Project Sponsor Match $
Type of Match Cash
Matching
Basis
(2/3)
(1/3)
Page 2 of 6
DNR 42-058
Revised 4-1-84
Program funds may be released by the DEPARTMENT in no more than
three (3) payments. The' Contract Manager shall, within sixty (60)
days after ~ceipt of a payment request, review the work accomplished
to date on the project and, if in order, approve the request for pay-
ment. The~EPARTMENT shall retain $ 21.186.70 of the entire
Program amount until completion of the project.
7. Eligible costs for constructing said project are
defined in ~
=a= Grant Accountability Policy described in Exhibit "C",
attached. E~enses, representing the grant amount and required
match, shall be reported to the DEPARTMENT and summarized on certi-
fication forms provided in Exhibit "C". The PROJECT SPONSOR shall
retain all .records supporting these costs for three years after
the fiscal .year in which the final Program payment was released
by the DEPA~TP~NT, except that such records shall be retained by
the PROJECT SPONSOR until final resolution of matters resulting
from any litigation, claim, or audit that started prior to the
expiration of the three-year retention-period.
8. The DEPARTMENT and the PROJECT SPONSOR fully understand
and ~gree that there shall be no reimbursement of funds by the
DEPARTMENT for any obligation or expenditure made prior to the
execution of ~his Project Agreement with the exception of
$ None for:
None
9. Competitive open bidding and purchasing for 'the con-
struction of said project facilities or improvements shall comp~~
with all applicable law. Following completion of project con-
struction, ~e PROJECT SPONSOR's Liaison Agent shall provide a
statement certifying all purchases or contracts for construction
were competitively bid pursuant to applicable law.
10. The PROJECT SPONSOR shall complete all project construction
within twenty-one (21)~months from the effective date of this Project
A~reement.
Page 3 of 6
DNR ~2-058
Revised 4-1-84
11. Donald A. Gerteisen
(Name) ,. Grants Coordinator.' ,
(Title)
or successor, is hereby designated as the DEPARTMENT's Contract
~anager for the p~rpose of this Project Agreement and shall be
responsible for ensuring performance of its terms and conditions
and shall approve all reimbursemen~ requests prior to payment.
The PROJECT SPONSOR shall appoint a Liaison Agent, whose name and
title shall be submitted to the DEPARTMENT upon execution of the
Project Agreement, to act on behalf of the PROJECT SPONSOR relative
to the provisions of the Project Agreement. The PROJECT S
PONSOR~s
Liaison Agent shall submit to the DEPARTMENT signed project status
reports every sixty (60) days summarizing the work accomplished,
problems encountered, percentage of completion and other appropriate
information. Photographs shall be submitted when appropriate to'
reflect the work accomplished.
12. The PROJECT SPONSOR agrees to provide the DEPARTMENT
with annual attendance reports at such time the project is opened.
for use by the general public. Said attendance report's shall be
submitted to the DEPARTMENT during the month of July of each
and shall provide attendance records for a one-year period
beginning on July 1, and ending on June 30 of the previous year,~
such period constituting one fiscal year.
13. Should a user fe~ system be implemented for the project,
such fees shal~.~tbe imposed uniformly upon all users without regard
to age, sex, race, other condition, or the political subdivision1
in which'the user~-may reside. If requested by the PROJECT SPONSOR
and authorized by the DEPARTMENT, special allowances may be made
for certain classes or groups of users.
'14. All moneys expended by the PROJECT SPONSOR for the
purposes contained herein shall be subject to preaudit review and
approval by the Comptroller of Florida in accordance with Section
17.03, Florida Statutes. Supporting documentation for expenditures
shall be provided by the PROJECT SPONSOR in accordance with tke~
Grant Accountability Rolicy, attached as Exhibit "C"
Page 4 of 6
DNR 42-058
Revised 4-1-84
15. The PROJECT SPONSOR agrees to save and hold harmless
the DEPARTMENT, its officers, agents, and employees from any and
all liabilities, claims, action's, damages, awards and judgements,
to the extent allowed by law, arising from the PROJECT SPONSOR's
obligations contained herein to construct, operate and maintain
the project._
16. The DEPARTMENT reserves the right to inspec~ said
project and any and all.records related thereto at any time.
17.. This Project Agreement may be unilaterally cancelled
by the DEPARTMENT in the event the PROJECT SPONSOR refuses to allow
public access to all documents, papers-, letters, or other material
made or received in conjuction with the Project Agreement
pursuant to ~e provisions of Chapter 119, Florida Statutes.
18. 'Following receipt of an 'audit report identifying any~
reimbursemeD~t, due the DEPARTMENT for non-compliance by the PROJECT
SPONSOR with said Project Agreement, the PROJECT SPONSOR'will be
allowed a maximum of sixty (60) days' to submit additional pertinant
documentation to offset the amount identified as being due the
DEPARTMENT. ........ The DEPARTMENT, following a review of the documentation
submitted by the PROJECT SPONSOR, will inform the PROJECT SPONSO~
of any reimbursement due the DEPARTMENT.
19. The DEPARTMENT shall have the right to' demand a refund,
either in whole or part, of the funds provided to the PROJECT
SPONSOR, for n~n-compliance with the terms of this Project Agreement,
and the PROJECT SPONSOR upon notification from the DEPARTMENT,
agrees to refund, and wil~ forthwith pay, the amount of money
demanded -- Which payment shall be made directly to the DEPARTM~T.
20. For any year in which the Project Agreement extends beyond
the end of the DEPARTMENT's fiscal year (June 30), then performance
by the DEPARTMENT under said Project Agreement shall' be subject to
and ' ~
contlng~.t upon the availability, of monies lawfully appropriated
to the DEPARTMENT for the purposes of said Project Agreement.
Page 5 of 6
DNR 42-058
Revised 4-1-84
21. If reimbursement of travel expenses is provided for in
this PROJECT AGREEMENT, then such reimbursement shall be subject to
the requirements of Section 112.061, Florida Statutes.
22. The PROJECT SPONSOR and the DEPARTMENT mutually agree
to the following speclat terms and conditions incorporated as part
of this Project Agreement:
None
IN WITNESS WHEREOF, the parties hereto have caused these
presents to be executed by the officers'and agents thereunto
lawfully authorized.
STATE OF FLORIDA
DEPARTMENT OF NATURAL RESOURCES
By:
Attest:
Dr. Elton J. Gissendanner
Executive Director
DNR C~OntractJAdministrator
DNR Contra~t Manager'
Approved as Go
Form and Legality:
DNR Attorney/
Page 6 of 6
DNRR 42-058
Revised 4-1-84
RULES
OF THE
DEPARTMENT OF NATURAL RESOURCES
CHAPTER 16D-5
PART II
FLORIDA RECREATION DEVELOPMENT ASSISTANCE PROGRAM
16D-5 · 20
16D-5 .21
16D-5 .22
16D-5 .23
16D-5 .24
16D-5 .25
16D-5 · 26
16D-5 .27
16D-5 · 28
16D-5 .29
Purpose
Definitions
Policy
Application Requirements
Project Eligibiliay
Criteria for Judging Applications
Pro~ec% Funding Priority
Grant Conditions
Special Conditions for Land Acquisition
projecns
16D-5.2! Purpose. The purpose of this Part is to set
forth policy and procedure for administration of the Florida
Reoreation Development Assistance Program to further the imple-
mentation of the Outdoor Recreation and Conservation Act of 1963,
Chapusr 375, Florida Statutes (as amended), and to assist ~n
implementation of %he official, comprehensive outdoor recreation
plan of the State of Florida promulgated and periodically amended
pursuan~ to the requ~remen=s of Chapner 375, Florida Statutes.
The plan may be obtained by writing to:
Depar~men: of Natural Resources
Division of Recreation and Parks
Office of Recreation Services
3900 Commonwealth Boulevard
Tallahassee,. Florida 32303
General Authority 370.021(1), 375.041,
Law Implemented 375.041(3), FS.
History: New !2-21-80, Previously 5~umbered 16D-5.~2
16D-5.22 Definitions. The basic terms utilized !n this
Peru are defined as follows:
(1) "ANNOUNCED SUBMISSION PERIOD" means tke formally
announced period of time provided for the submission of applica-
tions for a single funding cycle.
(2) "APPLICANT" means an eliq~ble governmental agency
:hat submits a ~ro~ram application to the Depar~men~ of Natural
Resources.
(3) "APPLICATION" means a formal request for
~inancia! assistance consisting of a complete project proposal
with required documentation.
(4) "BOARD" means the Governor and Cabinet sitting as
the Executive Soard of the Department of Natural Resources.
(5) "DEPARTMENT" means the Department of'Natural
Resources.
(6) "DEVELOPMENT" means the act of physically
~mproving an area to increase ~us ability or capacity to serve
outdoor recreation purposes.
(7) "BLIGIBLE GOVERNMENTAL AGENCY" means the
67 county general governmenns and the incorporated municipalities
of Florida, as well as statutory or Constltutional agencies of the
State of Florida with legal authority and responsibility for pro-
vision of outdoor recreation areas and facilities for the use and
benefit of the general public.
(8) "EXECUTIVE DIRECTOR" means uhe Executive Director
of the Oepar=ment of Natural Resources.
(9) "FUNDING" means the awarding of a grant from
the program for assistance in financing an approved project.
(10) "FUNDING CYCLE" means the processing phase involving
a single program amount and a single announced submission period,
(1!) "GRANT" means program funds authorized by the
Board for release ~o a project sponsor.
(12) "IN-KIND COSTS" means expenses incurred b'y a
projecn sponsor for personnel employed or equipment and materials
owned and maintained by the project sponsor.
(13) "LIAISON AGENT" means the individual or connacn
person officially designated to act on behalf of the applicant or
2
~ro]ect sponsor on all matters related to participation in the
program.
(14) "OUTDOOR RECREATION" means the ~ursuit of
leisure-time activities which occur ~n an ou:!oor setting.
(15) "PLAN" or "STATE PLAN" means the currently
effective, official comprehensive outdoor recreation plan of tke
State of Florida.
(16) "PROGRAM" means the Florida Recreation
Development Assistance Program (FRDAP).
(17) "PROGRAM AMOUNT" means the amount of funds
available for program assistance during any single funding period.
(18) "PROJECT" means a planned undertaking in which
all actions or activities have a well defined, common objective
and which has fixed beginning and ending dates.
(19) "PROJECT AGREEMENT" means a program contract
executed between the Department and the project sponsor.
(20) "PROJECT AMOUNT" means the amount of funds est~-
mated to be necessary =o complete the project -- normally twice
the amount of the requested grant.
(21) "PROJECT AREA" means the specific site, defined
by a project boundary map or legal description, on which grann
funds will be used for development or acquisition.
(22) "PROJECT PERIOD" means the approved period of
time during which costs may be incurred and charged to the pro-
]ect grant.
(23) "PROJECT PROPOSAL" means an outdoor recreation
project in the conceptual
(24) "PROJECT SPONSOR? means an eligible governmental
agency rece&ving program funding pursuant to an approved applica-
tion.
(25) "RESOURCE-BASED OUTCOOR RECREATION" means
outdoor recreation of types dependent upon natural resources for
en]oymen~ of the activity involved. Examples include: boating,
hiking, canoeing, trailriding, picnicking, fishing, hunting,
surfing, camping,
3
(26) "USER-ORI~MTED OUTDOOR R~C~EATION" means out-
door recreation of ~ypes_dependent upon man-made facilities which
can be placed at the convenience of the'user to take advantage of
proximity to population cen~ers. Examples of facilities include:
swimming pools, ballfields, ~ennis cour:s, golf courses, handball
courts, etc.
Ganerai Authority 370.021(i), 375.041,
Law Implemented 375.041~3),
History: New 12-21-80, Previously Numbered !6D-5.02
!6D-5.23 Policy. The following constitutes the policy
of the Board pertaining ko administration of the program:
(1) Financial assistance, up to the tcta! amount
authorized for the program each year in the general appropriations
act, may, on a project-by-project basis, be authorized by the
Board in the form of program grants from the Land Acquisition
Trust Fund established by and pursuan: to Section 375.041, Florida
Statutes, to eligible governmental agencies for the development
of outdoor recreation facilities or the acquisition of ~and for
outdoor recreation purposes.
(2) Outdoor recreation must be the primary purpose of
any project area on which a program gran~ is to be used.
Secondary purposes may be allowed, but the Department mus~ first
make a determination that any secondary purposes within the pro-
ject area are consistent and compatible with the primary project
purposes.
(3) Funding may be authorized by the Board for the
developmen~ of e!iFible outdoor recreation areas and facilities
pursuant ~o Section !6D-5.25 of this Part or for acquisition of
!and for suck areas and facilities.
(4) ~he Board shall render final decision on approval
of all grants under the program.
(5) Program grants may be authorized on a two-for-one
(szate/appiicant; matching basis for pro~ec~s providing areas and
facilities for resource-based outdoor recreation pursuan~ to
Section 16D-5.25 of this Part. Program grants may be authorized
4
on a one-for-two' (state/applicant) matching basks for projects
providing user-oriented outdoor recreation facilities pursuant to
Section 16D-5.25 of this Part, or for any project providing a
combination of resource-based and user-oriented areas and facili-
ties. Tke total program gran~ limit which may be allocated to any
single project shall be $250,000. The matching amoun~ may be
~rovided by cash expenditures, in-kind labor, materials and
equipment, or the fair market value of undeve!o~ed property to be
developed for recreauional use wi~h grant funds.
(6) Florida Boating improvement Program fundS, as
provided by Part ill of this Chapter, may be utllized as the
applicant's required matching contribution; however! expected
grant funds from the federal Land and Water Conservation Fund
Program, as provided in Parn I of this Chapter, may not be pledged
for such purposes.
(7) The Department shall reject and return to the
applicann any application requesting program funds for a projec:
which is identical to one submitted simultaneously under the pro-
visions of Part I of this Chapter - The Land and Water Conservation
Fund Program.
{8) The program grant limit for any single designated
recreauion area, park or playground, shall be $500,000. ~he
limit app!Les cumulatively for any pro]eon area rece!ving grant
fundin~ in more than one funding cycle.
(9] The Department may accept program applications
only during the authorlzed submission period which shall
extend from August i to November 30. Additional ~ubmission
periods will be esuablished and announced as authorized by the
]oard to provide opportunity for submittal of a suitable
number of eligible applicatlons for consideration. A sub-
m~ssion period normally shall extend four months from the date
on which an announcement is published in the Plorida Administra-
tive Weekly, but may be of shorter duratlon if circumstances
require. All cities, counties and other eligible governmenua!
agencies shall be notified of the dates of each submission per~od
by direct mail.
(10) Only one (I) program application per eligible
governmental agency may be submi:~ed during each submission
period. Applications may be withdrawn by the applicant at any
time prior to Soard approval. Replacement applications may
be submitted only during an announced submission period.
(11) Program projects may not be aD,roved unless the
pro~ect area is owned by, under ~ease or permit ~o the project
applioant by the data of application submittal. Program funds may
be authorized for development of outdoor recreation facilities on
lands leased to a project sponsor for public recreation uses,
only if the lease arrangement provides reasonable assurance
the Department that the property can be used for the approved
project purposes for a minimum period of 25 years from the da~e
ok projec~ completion.
(!2) Project sponsors must commit ~o operation and
maintenance of an approved project from the date of its comp!e-
tlon for a period of 25 years. If within the period of commit-
ment, a pro~ect-sponsor should convert any par~ of the projec~
area or the facilities thereon to other than approved recre-
ationai uses, the sponsor shall be required to replace the
area or facilities at its own expense with a project of com-
parable scope and quality in near proximity ~o the original
project. In lieu of such replacement, the Departmen~ shall
require return of grant funds for facilities not replaced.
Such grant refund shall include interest, compounded at 12 per-
. ,rom the da~e of final payment.
(13) Once the Board has approved a program grant,
the Departmen: and the project sponsor shall enter into a pro-
ject agreement which stipulates the responsibilities of each with
regard to grant administration.
(14) No project costs may be incurred by the projec~
sponsor prior to the full execution of the project agreement
unless approved by the Department and specified in the project
agreemen: and/or amendments thereto.
(15) Authorized grants shall be released by the
Department to the pro~ect sponsor on a reimbursement basis.
6
A minimum of 10 percen~ of the grant amount will be re~ained for
the final payment, to be released upon receipt of acceptable
project completion documentation.
(16) All facilities constructed with program funds
shall fully comply with Sections 553.45-48, ~torida Statu~es,
re!atin~ to accessibility by handicapped persons.
(17) When completed, program project's must be open
and uniformly made available on a non-exclusive basis to the
general public without regard to age, sex, race, o=her condition,
or the politica. 1 sub-division in which the user may reside.
However, if specifically authorized in advance by the Department,
special a!lcwance may be made for certain classes of users,
such as the elderly or handicapped.
(18) The Department may terminate a project agreement
and demand re%urn of program funds disbursed to the sponsor
for non-compliance with any of the terms of the projec~ agreement
or this Par=. Failure of a project sponsor to comply with the
provisions o~ =his Part or ~he project agreement may result
in the Departmen= declaring the sponsor ineligible for further
participation in the program until such time as compliance
has been made to the satisfaction of the Deparnment.
General Authority 370.021(1), 375.041, PS.
Law Implemented 375.04i{3),
History: New 12-21-80, Amended 2-24-81
16D-5.24 Application Requirements-
(l) All applications must be received or post-marked
on or before the last day of the announced submission period In
order to be considered for funding.
(2) Following the close of the submission period, the
Department will review al! applications for eliqibility and
completeness, and will notify the appropriate applicants of any
ineligible items or ~ncomplete application requirements. The
applicant then will have 30 days from the date of such notifica-
tion to correc~ the application deficienc!es.
(3) All applications must nee= basic pro]eon e!igi-
7
bility as defined in Section 16D-5.25 of this Part.
(4) Applications must contain the following documen-
tation to be complete:
(a) Completed application forms.
(b] An official, adopted resolution of the applicant's
governing body which requests financial assistance under the -.
program, specifies :he manner in which the grant matching re-
quirement will be met, and authorizes submittal of the applica-
tion.
(e)
Project area boundary map.
Preliminary site development plan.
Brief site description, to include topography,
vegetation, wa=er features, surrounding land use, access and
other relevant features.
(f) Aerial photograph or on-site photographs of projec:
area.
(g) For developmenn projects, a cost estimate showing
total projecn cost and cost for each major projecn element.
(h) For acquisition projects, a cosn estimate which shall
be no~ more than 10 percent greauer than ~he current ~ssessed
valuauion established by the County Properny Appraiser.
(5) If the proposed project involves work which
requires federal or sta~e environmental or construction perml%s,
%he application must include copies of the permits. In cases
where ~ermits have been applied for bu% not received, however, the
following procedure will apply: The applicauion will be con-
ditionally processed and presenued to the Board pursuann ~o
subsection 16D-5.26(1); but, if funding approval is granted by
the Board, the Departmenn will non enner into a project
agreemenn with the applicant until all applicable permits have
been approved. The applicant will have ninety (90) days after
Board approval of a grant to obtain and submit approved permits;
otherwise, the project will lose its eligibility for funding
during the current funding cycle.
(6) For land value to be used to meet the manching
requirement, the followin~ conditions apply:
Ca) The property mus~ be undeve~ioped, must be under
ownerskip of the applican~ by the date of ~p~lication submittal
and mus~ be the proposed site of the grant projec:. However, if
the property was acquired more than one year prior ~o the da~e
of the application, the applicant must show that it had no~ pre-
viously been used for public recreational purposes.
· (b) If the property was acquired through donation, or
was purchased more :hen one year prior to the date of applica-
tion submittal, an appraisal must be submitted with the applica-
tion to establish the value of the properny. The appralsal must
be dated within one year of the date of application submittal and
must be prepared by an appraiser included in the list of approved
appraisers maintained by the Department's Division of State Lands.
(c) If the property was purchased within one year
prior to the date of application submittal, the purchase price
may be used as the land value.
(d) Appraisal costs and other reasonable cosns
dental to acquiring the land-may be applied toward the match.
(e) Land value or acquisition costs which are in
excess of the required match may not be applied to other project
applications under this program or the Land and Water Conser-
vation Fund program.
(f) The value of land acqulred pursuant to Section
16D-5.28 shall nou be used as the required ma=ch for any pro-
jec: funded under this Chapter.
General Authority 370.021(1), 375,041,
Law Implemented 375.04113),
History: New 12-21-80, Amended 2-24-81
16D-5.25 Project Eligibility.
(1) A program grant may be approved by the Board only
for t~ose projects which are consis~enz wi~h ~he goals and
objectives of the State Comprehensive Outdoor Recreation Plan.
Program funding may be provided for any one or combination of:
(a) resource-based areas and facilities consisting of
the following:
9
following:
2
3
4
5
6
7
@
9
10
saltwater or freshwater swlmm~ng beach areas and
picnic areas
archaeological and historical sites
recreational bicycle trails (within outddor
recreational areas only)
fishing facilities (piers, catwalks, je=~les,
docks, shoreline access sites)
boating access facilities
tent camping areas
nature study areas
hiking trails
horseback trails
user-oriented facilities consisting of the
tennis courts
golf courses
swimming pools
shuffleboard courus
baseball and softball fields
basketball/multipurpose courts
equipped playgrounds
handball/racquetball courts
football/soccer fields
physical fitness courses
The Board may consider and approve applications for outdoor
recreation projects not included in Subsections (a) or (b) of this
Section if such projects are otherwise consistent with all
requzremenus of this Part, and the Executive Director so recom-
mends them pursuan~ no Section 16D-5.26.
(2) Land acquired for public recreation purposes no more
than two years prlor %o the date of application may be eligible
for funding under this Part on a reimbursement basis. The land
must have been acqulred under exnraordlnary circumstances which,
in the opinion of the Department, would have reasonably prevented
=he applican~ from making application under =ne program in a
10
timely manner. In addition, the land must still be undeveloped
and the gran~ funds received used for public recreation purposes
acceptable to the Department. Such funds may not, however, be
used as a match for other projects assisted under this Chapner.
(3) Supporn facilities and ameniuies which are
essential :o the use or developmen= of eligible prlmary outdoor
~ecrea~ion facilities are also eligible for program funding.
These include, but are non necessarily limited to: site prepara-
tion, bathhouses, restrooms, landscaping, utilities, lighting,
parking, access roads, equipmen= storage buildings and entrance
booths. Support facilities a!~ne are no: eligible. Enclosed
=ecreation facilities or non-recreation buildings or other struc-
tures are not eligible for program funding. Contractual planning
costs may also be eligible, as set forth in subsection
16D-5.27(4) of this Part.
General Authority 370.021(i), 375.041, FS.
Law Implemented 375.041(3), FS.
History: New 12-21-80, Previously Numbered 16D-5.02
16D-5.26 Criteria for Judging Applications.
General Authority 370.021(1), 375.041,
Law Implemented 375.041(3),
History: New !2-21-S0, Repealed 4-20-83, Previously Numbered 16D-5.02
16~-5.27 Project Funding Priority.
(I) A project's overall suitability for the program,
and its standing among competing projects, shall be de=ermined
by the extent uo which it is determined to meet the following
criteria (one value point will be assigned by the Department for
each criterion the project is determined to satisfy):
(a) Would be supportive of appropriate goals and
objectives se: forth in the Recreation Action Program of the
Sta~e Comprehensive Outdoor Recreation Plan.
(b) Would implement the outdoor recreations! goals,
objectives, and prLorl:y needs specified in =he projec~
applicant's officially adopted =ecraa~ion plan.
{c) Would provide compatible outdoor recreational use
of, or access ~o, recrea=ionally suitable natural waner bodies.
(d) Is designed :o serve urban population con-
centra~ions as evidenced by location wizhin a standard metro-
politan statistical area.
(e) Is a result of the applicant's demonstrated effec-
tlveness in obtaining public participation in the selection of
~nd support for ~he project re~ueszed.
(f) Is readily accessible to all intended users of the
facilities (via roads, walkways, bikeways, public transit systems).
(g) Provides for multiple forms of outdoor recreation.
(h) Provides new recreational facilities rather than
expanslon, renovation or replacement of old facilities.
(i) will be under the management of an applicant
having an administrative and operational unit in its governmental
s=ruc~ure with responsibility for ~arks and recreazion.
(j) Will involve the applicant's commitment of resources
beyond the required matching contribution.
(2) Each application will be assigned a total point
score of zero uo ten on ~he basis of the criteria set forth in
Section 16D-5.26(1] , and will ~hen be placed in a corresponding
order of priorluy for funding consideration. If two or more
applications receive like scores, those applications will be
placed in an order of priority between or among themselves based
on the per oapi=a amount of ~unds previously received by :he
~
applicants under this program during the previous five (5) fiscal
years. The application with the applicant having the lowest per
capita amount of funds previously received will be assigned the
highest prlority, and the others will be arranged below in des-
cending order inversely to their applicants' ~er capita amounts
of funds previously received.
(3) The Executive Direcnor shall submin =he prioritized
list of eligible pro]ecns :o the Board for formal consideration.
Once =he Board has approved a prioritized granns award list,
the Department shall proceed with the processing of approved
pro]ec:s in the established order of priority to the ex=eh= of
funds available.
12
(4) if the ~o~al requested dollar amoun~ for all
eligible applications received in an announced submission period
exceeds the program amount available, the unfunded applications
will be re:urned to the applicants. If, however, any funds
allocated during a funding cycle are not used and become
available again before the start of an announced submission
period for the next funding cycle, they may be 'applied an
priority order to any projects remaining on the approved priority
list.
(5) If the total requested dollar amount of all
eligible applications is less than the program amoun: available,
the Department may announce another application submission period
pursuan: :o Section 16D-5.23(9) .
General Authority 370.02!(1) , 375.041, FS.
Law Implemented 375.04113), FS.
History: New 12-21-80, Previously Numbered ~6D-5.02
16D-5.28 Grant Conditions. Further processing of
applications which have been authorized for funding pursuant
Subsection 16D-5.26(3) of this Part shall be subject to the
following granu conditions:
(1) The project sponsor mus~ enter into a projecu
aqreement with the Department which stipulates the scope of
=he pro]ec:, grant amounn, time for completion, accountability
standards and other relevann conditions cons~suen~ with
Department policy. Should the projec~ sponsor fail to comply
with any or all provislons of =he project agreemenn, once
executed, the Deparnmenn may declare the projec= sponsor ineli-
gible for further participation in the program un~il compliance
has been made.
(2) Any changes in the project agreemen= or appr.oved
final site development plan mus~ be approved by the Department
prior to thsir implementation. The project sponsor must offl-
c~al!y request such changes in writing. Amendments to the pro-
]ecn agreement may be authorized and approved by the Executive
Director.
(3) The project sponsor wall be granted up to two
(2) years from the effective date of the projec5 agreement ~o
complete the project. If an extension becomes necessary, i:
must be requested in writing by the project sponsor a: least
sixty (60] days prior to the original or currently pending,
termination date. The Executive Cirec%or may grant an extension
by execution of an amendment to the project agreemen~ and the
pro3ect must then be completed before the amended termination
date, unless further extended for good cause. S~ould the ~er-
mina:ion date expire prior to an extension amendment and final
project completion, the date may be extended only at the discre-
tion of the Executive Dire:nor. If not extended, the Executive
Qirec:or may deobiiga:e unexpended grant funds and require zhe
sponsor %o reimburse the Department for any or all grant contri-
butions already made.
(4] Expenses 'eligible to be charged to ~he grant
award, or the ma:chin{ requirement under the program, may include
con:fac:ual services and material costs or in-kind services
incurred against the project. Except for pre-agreement costs,
specified in the project agreement, or amendmen~ thereto,
expenses may be incurred only after full execution of the pro]ec~
a{reement and before the project completion date. Planning costs
incurred no more than two years prior ~o Board approval of the
project may be considered eligible projeon costs, if requested in
the project appkication.
{5) The sponsor may be reimbursed up to the level
of funds authorized for the project in accordance with the pro-
]est agreement. Regues:s for gran~ payments must be submitted by
the project sponsor un accordance w&th the program accountability
policy. ~he accountability policy will be an:ached to and made a
par~ of the project agreement.
{6) Keimbursemen:s shall be made payable to the
project sponsor and not private persons or vendors.
(7) Ali developmen~ projects shall have final plans
(si~e, archi:sc:ufa!, eng!neerinq) prepared and certified by a
registered e~gineer or ~rc~itec:. Prior to commencement df pro-
~4
the project sponsor shall provide the
ject construction,
!
Departmenn a certified final si~e development plan showing grant
elements to be constructed.
(8) Competitive open bidding and purchasing she!!
comply with all applicable law. Following completion of
cons=ruction, the liaison agent shall provide a
certifying that all connracts for constructi°n '°r purchase~ were
competitively bid as per applicable law.
(9) Before final reimbursement, a Post Completion
Certification Form, signed by the ~roject liaison agent and a
registered, engineer or architect, mush be submitted- such form
will certify than the projecn has been completed in accordance
en the sponsor and the
with the project ag_eement executed betwe
Department and the final project plans (site, archinectural,
engineering).
(10) A final certified "as-built" site plan of the
project must be submitted to the ~eparnment at projec= completion,
along with an inventory of oonszructed projecn facilities and
photographs of the project.
(~) The project sponsor must erect an informac~on
si~n of approprlate size, appearance and locanion on the project
site ~rior to final project completion- The sign mus~ credit the
Departmen~ and the program.
General Authority 370.021(!), 375,041, FS.
Law implemented 375.04!(3),
History: New 12-21-S0, Amended 2-~4-$!
16D-5.29 Special Conditions for Land Acquisitiom
projects.
(1) Gran= funds for this program are appropriated from
the Land Acquisition Trus= Fund. Statutory restrictions on these
funds require that title no any lands acquired must be vested in
=he Board of Trustees of the inuernal improvemenn TruSt Fund.
Applicants receiving grant funding for !and acquisition will,
therefore, be required to follow all applicable state land
acqulsition procedureS. Following acquisition, =he land .~ill be
15
leased :o the pro]ec~ sponsor for recreation deve!opmen~ and
managemen:.
(2) The procedures :o be followed for land acquisi-
tions, in addition ~o those specifically enumerated in this
section, are primarily those contained in Chapter 253, Florida
Statutes and Chap:er 16Q-3, Florida Administrative Code (F.A.C.) .
(3) Negotiations by %he project sponsor shall no~ be
conducted until after the program application has been approved
in concept by the Board, and the required surveys and appraisals
have been revlewed and approved by the Department's Division of
Brahe Lands. Prior to receiving such approval, owner con=acu
shall be limited according to Chap=er 16Q-3.04, F.A.C.
(4) In reviewing an application for land acqu~sinion
assistance, the Divislon of Recreation and Parks will coordinate
with the Division of Sta=e Lands uo determine the availability,
if any, of existing s=ate-owned lands in the area.
(5) The requirements specified in Chapter 16Q-3.07,
F.A.C., shall be followed an obtaining appra~sa!s.
(6) Following approval for grant funding by the Board,
the projec= sponsor shall enter into a project agreement with
the Department which stipulates the grant conditions.
(7) After the qran= projec~ agreement has been exe-
cuted, the project sponsor may initiate negotiations with the
owner of the desirsd properny, in accordance with the require-
menns of Chapter 16Q-3.08, F.A.C.
(B) Owner disclosures and affidavits shall be obtained
by the projec: sponsor as required by Chapuer 16Q-3.09, F.A.C.
(9) Within five days after signing the required pur-
chase agreement, the project sponsor shall submit =he documents
required by Chapter 16Q-3.!4, F.A.C., =o the Division of Recreation
and Parks, which will coordinate with che Division of S=ane Lands
in submitting the proposed acquisition uo the Board of Trustees
of the Internal Improvement Trust Fund for ac~lon as provided by
Chapter 16Q-3.15, F.A.C.
(10) If the purchase price megotiated by the project
sponsor is less than the projec~ amount on which the previously
16
approved program grann wa~ based, then the project amount and
the grant will be reduced accordingly- If tile negotiated
purchase price ls greater than the project amoun: on which =he
program granu was based, the ~rojec~ sponsor must provide funds
to ~cver the entire increase-
(11) A~ter the closing, the pro]ec~ sponsor sha~l be
responsible for proper recordation of al! legal'.documents and for
providing =o the Departmenn the doGumen:s required by Chapter
!6Q-3.16, F.A.C-
Gene=al Authority 370.021(i), 375.04!,
Law implemenned 375.04L(3) , PS.
History ~ew: 12-21-80, previoUslY Numbered ~6D-5.02
17
/';'. Ttm ~'2a~t 400 feet or' Lot 13 of SAiki"-i-;l~('i';/N rp,~z ~..,._,-_ .~..
}!a~ of fractional Si}etlon 15, Town:;l~ip 45 So~th, I~:tn~je 43 Ea~;t, ac(:ordin~ to 1'
ther ,o · · . · , ...... ~t
t e f on hie ~n thc office of the Clerk of the C~rcuit Court in and for P~-~ ~',
V ounty, ~l~8~da, recorded in Plat Book 1 , Page 8 ,7 and being
and other/deScri¢~d upon the Map of W. SVS~A~D,S ~L~T 0f the subdiv o ors
~ ,. ..... fl
3, 14 and la of SAM IlItOWN Jlt. 'S sub(hvis~on as tg~.-, ..... :-' --~-'"'
e o~~, ........ ~ .... tiu, ad tiome~~n plat of
, o..on~rnao ~ suomwsmn, oe~ng recorded in Plat Book 8, Page ~ ~ records
of ~m,Bea~hiounty' F~or~da. .~ ~--
ne trac~ orland hereby conveyed beina 400 feet in len~h, east~ ~t, and 153.5
ff~t ~n xv~dth, north and south, and beina in Section 15, Township ~ ~; a~g~ 43
~fft, P~m Beach County, Flomda, together with all riparian rig~ ;eunto appertain
~at certain piece, parcel or tract of land s~t~tate, ly~n9 ~d bein~
in 'the Counly of Palm Beach and Stake of Florida,,, kno~ and
~s: ~ts Eleven (11) and ~elve (12). of S~ B:-o'~ Jr '~ ~ ....
Suhdivision, a subdivision ~ithin the'~o~ of B0ynkon
Circuit ou.~ in and for Palm Beac[ County, Florida_ in Plat Book 1
page 81, LESS the ~st ~hirky (30) feet thereof, aha LE~ Al.ED- '
eg~nn~ng a~ the southwest co,er of sa~d ~ 1~, of said Sam Bro~
~[. s y~l~o Subdivision, ~n Eas~ alon~ the sou~h l~n'e of said
(423.46) feet[ thence run_in a nor%her!y direction alon~ a line parall~
~o the wes~ l~ne of said ~ 1Z and the wes% line of.~ 11. a dms~anc~
of two hundred twenty-one and foamy-five hundredkhs (2~] aK] ~+.
. ence run wesr on a i~ne parallel to %he souih line of said ~t lg, a
dish,ce of four hundred ~ ency-~hree and forty-six hundredths (423.'46.
/feet ~o ~he wes~ line of said Lot 11; ~hence ~n in a southerly direc-
tion along the west line of said ~is 11 and 1Z; a distance of
hundred ~wen~y-pne and forky-five hundredths (221-.45) feet ~o ~he
~int of beginnang; and L~S A~O: Beginning ak the northwest co,er
o[ M t.~i, of.fa~d S~_Bro.~ Sr. 's Hypoluxo S~division. ~n Eask
along rne.norrn line of said ~t 11, a distance of two hundred fifty'-
five (~5~) feet; thence run in a souiherly direction along a line '
parallel ~o ~he wesi line of said ~.~ 11, a diskance of seven~y-lhree
and seven~y-seven hundredths (73,77)fee~; thence run wes~ on a line
parallel to the North line of sa~d ~t 1t, a distance of two h~dred
Fifty-five (255) feet to the west line of said ~ 11; thence
noriherly alon~ ~he west.line of said ~ 11, a distance of seven~y-
threo and seven~y-seven hundredths (73.77) fee~ to-the ~in~ of
beginning ~ .,
A parcel of submerged land in Lake Worth lying west of
the City bulkhead line of the City of Boynton Beach,
Florida, and East of Lot 13 SAM BROWN JR.'S S/D in
Section 15, Township 45 South, Range 43 East, as re-
corded in Plat Book 1, Page 8, and as shown on W. S.
SHEPARD'S Plat of the S/D of Lots 13, 14 and 15 of
said SAM BROWN JR'S S/D, being recorded in Plat Book
8, Page 8, Palm Beach County, Florida; being speci-
~fically described as follows:
From the Northwest Corner of the SWL4 of said Section 15,
bear South 89° 13' 55" East along the north line of said
SW~, a distance Of 785.0 feet to the East right of way
line of ~he Florida East Coast Railway; thence South 8°
12' 00" West a distance of 1622.4 feet to the north line
of said Lot 13; thence South 89° 22' 00" East along the
north line of said Lot 13, a distance of 1117.7 feet to
%he shore of Lake Worth and the point of beginning;
thence continue South 89° 22' 00" East, a distance of
290.6 feet to said City bulkhead line; thence South 3~
21' 41" West, along said bulkhead line, a distance of
151.97 feet to the south line of "Homesite" of Lot 13;
thence North 89° 22' 00" West along said lot line a
distance of 283.5 feet to a point south of the point of
beginning; thence North along the former "Shoreline"
to the Point of Beginning. Containing 1.0 acres, more
or less.
Lots Eleven (11) and Twelve (12), less the west 30 feet,
and less the Sou~h 219.50 feet of the east 390 feet of the
west 4~0 feet,'and less the north 73 feet of the west 255
feet, less the west 30 feet thereof of Lo~ Eleven (11)
all being part ofSAM BR0i~4.JR.'S '
SUBDIVISION to Boyn%on
]Beach according to the plat thereof on file in %heoffice
[of the Clerk of the Circuit Court in and for Palm Beach
tCounty, Florida, in.Plat Book 1, page 81.
i
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I
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.... ~'!2
Minu[es
Natural Resources
Cabinet Meeting -March 6, 1984
Page Four
Item 6 (conrad)
Staff recommended approval requiring a.fifteen foot landward relocation and dune
restoration. '
Item 7 James G, Pace Permit :
MI-36
Upon motion by Mr. Turiington, seconded by Mr. Firestone and without
item was deferred. ,
obiection, the
Consideration of a coastal construction control line permit for Charles
Stampelos, on behalf of James G. Pace, pursuant to Section 161 .053, Florida
Statutes, in Martin County. This application is for the construction of a
single-family dwelling and its parking area septic tank,
filling. ' drainfield, and site
Staff recommended denial.
DIVISION OF RECREATION AND PARKS
item 8 St. Augustine YMCA/Anastasia State Recreation Area Sublease
Upon motion by Mr. Smith, seconded by Mr. Lewis, and without objection, the item was'
approved.
Consideration of staff request for authority to enter into a 25-year sublease with
the St. Augustine YMCA to allow use of a site. of ten acres or less at Anastasia State
Recreation Area, St. Johns County, for construction of a new YMCA facility.
Staff recommended approval.
Item 9 AMl/Oleta River Special Use Permit
Upon motion by Mr. Turlington, seconded by Mr Lewis and without objection, the item
was approved. ' ,
Consideration of a staff request for authority to enter into a Special Use Permit
with Associated Mar/ne Institutes, Inc. (AMI), to allow use of a 5-acre site at Oleta
River State RecreatJon Area, Dade County, for a youth rehabilitation program
involving work participation at the park.
Staff recommended approval.
Item 10 FRDAP Projects
Upon motion by Mr. Smith, seconded by Mr. Lewis and without objection, the item was
approved. ,
Consideration of staff recommendations of outdoor recreation projects to be funded
under the Florida Recreation Development Assistance program (Chapter 16D-5, Part II,
.Florida Administrative Cod_.__~e).
Staff recommended that projects, as identified on the 'attached priority list, be
approved up to the recommended amounts in the order listed, to the extent of
currently available funds.
Minutes
Natural Resources
Cabinet ,~leeting - ~.~rch 6, 197.',
Pa~e Five
Item 10 (contfd)
DISCUSSION:
Senator john A. Hill, District 33, thanked the Governor and ~abinet for their'
favorable consideration because the project. ~vas very important'to that. ~articular
sector of his district.
There being no further business the meeting was ad.iourned.
GOVERNOR AND CHAIRMAN
EXECUTIVE DIRECTOR