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78-YRESOLUTION NO. 78-~ WHEREAS, a present need exists for construction of additional municipal recreational facilities in the City of Boynton Beach, Florida; and WHEREAS, certain funds to implement this need are available through County/City Funding Programs. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA: S~.ction 1: That the City Recreational Director is hereby authorized to prepare and file pro3ect application attache hereto and made a part hereof for construction of recreational facilities indicated therein through the County/City Funding Program, and to indicate therein that matching funds required to be contributed by the City are available in this matter. PASSED AND ADOPTED this ~ day of ~--~1, 1978. CITY OF BOYNTON BEACH, By: Vice FLORIDA lmembe r ATTEST: lmember Coun~ember (Corp. Seal) MEMORANDUM April 18, 1978 TO: Frank Kohl, City Manager RE: County/City Funding Program: Recreation Facilities Application procedures for funding thro~g~ the county/city program requires approval of City Council authorizing the project and indicating the matching funds are available. I recommend that this be done by Resolution~ at the May 2nd Council meeting as the application deadline is also May 2nd. The Resolution can be forwarded the following day. Please note this~ funding program is for the C6unty's 1978-79 fiscal year~ thus our share of the funding must he budgete~ for our City's 1978-79 fiscal year. The application form and concept plan are attached. Charles C. Frederick Recreation Director CCF:as Attachments PALM BEACH COUNTY COUNTY/CITY FUNDING PROGRAM I. Funds Available (approved in concept) $500,000-theoretically the money will be divided with $I00,000 allocated to each of the five Commission districts. Funding to be derived from ad valorem taxes. Purpose of Funding Recreational projects and development Eligibility Municipalities in Palm Beach County. II. Program Criteria 50% funding match required from municipalities. 2. Recreation facilities must be open to ge~eral public- no non-resident fees~ 3. Majority vote of City Council approvir~g project and matching funds. 4. Master Plans must conform to Palm Beach County's Recreation and Open Space Plan. III. Project Application 1. Application Format self explanatory° Use application blank provided. 2. Attachments Required: a. Concept plan for project - no detailed specifications or permits necessary prior to funding. b. Copy of Minutes or Resolution stating City Co~ncil's approval of project and availability of matching funds. IV. c. Other Relevant Materials. 3. Deadline for submission May 2. Processing Project Application 1. Applications should be submitted by May 2~ 1978 John F. Dance, Director Parks and Recreation Department 2700 Sixth Avenue, Sout~ Lake Worth, Florida 33461 Phone No. 964-4420 Applications will be reviewed and prioritized by Parks and Recreation Staff based on: Geographical distribution~ community interest, diversity, accordance with Palm Beach County's Recreation and Open Space Plan (Recreatlo~ Summary Enclosed). Application will be submitted to Board of County Commissior~r~ for final selection of projects to receive funding. Project Implementation 1. Municipalities responsible for engineering studies, cO~ bidding~ permits, construction supervision, and operation_ Interlocal agreement: Reimbursements subject to paYment through inter-local agreement. A~reement will specify accounting procedures as follows. City will submit to County: Statement ~f Project completion. Invoice listing each invoice City tas°paid to vendorw invoice number, and date of city's check. Copies of vendors invoices, referenclng-li~ City's invoice~ Certification of the above bY City's Fina~c~ 'Director~ For Further Information Contact: Susan W. Yinger, Grants Coordinator Palm Beach County Parks and Recreation Department 2700 Sixth Avenue'South Lake Worth, Florida 33461 Phone No. 964-4420 Ext. 206 PALM BEACH COUNTY PARKS AND RECREATION DEPARTME~T COUNTY/CITY FUNDING PROGRAM PROJECT APPLICATION a. Name and Address of Municipality: Boynton Beach 12D N.E. 2nd Avenue, Boynton Beach, Florida 33435 d. Telephone: (305) 732-8111 ext. 245 Project Description and Location: Construction of four courts, four (4) three-wall handbai!-racketball courts, restroom ~acility. City property south and east of the Vo-Tec Center, (Section 5t TownsHip 46S, Range 43E}. City Manager: Fr~n~ Wnhl Project Liaison Person:charles Frederick, Recreation Director (4) tennis one (1) county 3. Size of Area in Acres:55 + 4. Brief Justification Narrative: SEE ATTAC~ED 5. Permits Required: citv of Boynton B~m~ t~(l~(n~ D~_~ 6. Cost Estimate and Contingency: $ 130,000. Amount to be Provided by Municipality: $65.000. 8. Amount Requested from Palm Beach County:s65.000. 9. Attachments 1. Concept Plan 2. Copy of Minutes or Resloution Authorizing P-roject and funding match 3. Other Relevant Materials Permits Justification: Narrative This community park pro~ect is being initiated by the City to re!ieee current recreation facility deficiencies. As t~is is a large-scale development projectt it is imperative to seek and secure funding from a variety of sources to ackieve to%al project completion. Based on accepted standards and current ~ser de, and, tennis and handhai1/racketbaiI facilities are two of the City's most critical facility deficiencies. With a current population of 37,000+, the City has only six tennis courts and two han~bkll/ racketbalt courts. A survey of municipalities closest to Boynton Beach which the park would regularly service reveals tke following ~andball/ rackethalt facilities: Boynton Beach: 2 Lake Worth: Delray Beach: 0 Lantana: The restroom facility is a necessary unit which will service the majority of the facilities within the park complex. Based on the location, size, it can ~e expected to attract and throughout the county. and design of this uark project, receive regular ~se from residents sYr¢ ¢larv'- ~ · '^G~ , o~, , CITY RESOLUTION UTILITY INDEMNIFICATION AGREEMENT 93 512 ~ 6602 -- - . alm Beach A RESOLUTION AUTHORIZING EXECUTION OF AN UTILITIES AGREEMENT FOR THE ADJUSTMENT, CHANGE OR RELOCATION OF CERTAIN UTILITIES WITIfiilN TIlE RIGIIT-OF~WA¥ LhMITS HEREAFTER DESCRIBED, AND PRO- VIDh'qG WHEN THIS RESOLUTION SHALL TAKE EFFECT. REsoLtmoN No. < O1N MOTION OF Commissioner (Councilman) · seconded by CommiSSioner (C. ouneil- man) · the following Resolution was adopted: WHEREAS, the State of Florida Department of Tramportation has located and propo~s to construct or reconstruct a part of State Road S-811, Seacrest Blvd. AND WHEREAS, in order for the State of Florida Department of Transportation to further and complete said prpject, it is necessary that certain utilities and/or facilities within the Right-of-Way limits of. said State. Road S- 811, Seacr~st Blvd. . be adjusted, changed or relocated, AND WHERE_AS, the State of Florida Department of Transportation having requested the City of Bova~on Beach · Florida, to execute and deliver to the State of Florida Department of Transportation a Utilities Agreement, a~eeing to make 'or cause to be made such adjustments, changes or relocations of said utilities and/or facilities as set Out in said Agreement, and said request having been duly considered, blOW THEREFORE, BE IT RESOLVED by the of the City of Florida, that the Mayor and Clerk (City Manager) be and they are hereby authorized and directed to make, execute and. deliver to the State of Florida Department of Transportation a Utilities A~eement for the adjust- ment, change or relocation of certain utilities within the~ight of Way limits of said State Road .q-n~ Section. 512 BE IT FURTHER RESOLVED that a certified copy of this Resolution be forwarded to the State of Florida Department of Transportation at Tallahassee, Florida. CITY OF COUNTY OF I HEREBY CERTIFY that the foregoing is a true and correct copy of a Resolution adopted by the o,f the City of at a meeting of said ., held on'this day of 197 WITr{ESS my hand and seal on this day of ., A. D. 197 By. Clerk (City Manager) of the City of · Florida. . Florida .A.D. (SEAL) April 20, 1978 RELOCATION AGREEMENT (At Municipal Expense) 'THIS AGREEMENT, made and'entired ini6 th~ L-3 -- ..... ' -- -day of- .......... ,' 197 '-,':by mad 'between 'th~ STATE OF FLORIDA DEPARTJ~IENT-O'F TRAI~SPORTATION, hereinafter referre~l to as the DEPAI~TMEBIT~ find the' CIT~ OF'.: t~bynkon ~eaeh ....... ,- a muracipal eorporatlon, hereinafter ~reierred [o as tl~e 'CITY~- :~ '." .~-:-- i-" .-' WITNESSETH:' '' . -': '-.. !~'. WltEI~EAS, tl~e DEPARTMENT is constructing, ree~nstsucting or otherWiSe el~anging a portion ' of the Slate Highway -.' System . designated by the DEPARTMENT- as Job Bio. 93512-6602' , Road No." 81-1 Between Woolbr~kht Road and The Boynton Canal , which shall call :[or the relocation of the CITY'S facilities (owned By _the CITY, .wheth%r within the corporate limits thereof or not) along, over and/or under said highway, viz: Any and all city ow~aed or operated water mains, fire hydrants, sanitary: sewers,' gas mains, fire and police call systems, telephone, electrical, telegrapH, and'TVmable systems, ~cluding p~fles,.pole linps mad underground facilities the[e0f,:and3an~( other.- CITY o~med or operated'utilities and facilities within such right of way_,' ' RIND_ WHEI~EAS? thc plans ~or the said c6fistruction, ~eeonstmction or. other-ehanges to he made, as ab&ye described, hav~ Been. reviewed By the DEPAI~TMENT and.the CITY, said abbve described utility relocation to h~reLqafter be designated as "Relocation Work ,"- - .biOy¢, TI-IER~FORE~ iq consideration of the mutual covenants hereinafter.contained, it is agreed · .by ~h.e parties'as follows: . -' ~L_.. ' '~ :1. '.The CITY agrees to make or cause to bemade altarrangementsfor necessary adjustment or changes of its fadilities where located on.public property at CITY'~ own expense and. in accordance w~th the pr0~w_s~ons~ o~f Rul? 0!4r46.~Q~ ._lq.t~lity.~ggsommodatma Grade,.-:Florifla Admamst/at~ve Code, reference'heretd, 'kre made ~ '~/n't c~-this ~Aggemen}; and ~the l~lans, dealgns:ana sP¢~iiSeatiohs of/~hd ' DEPARTMENT for the onstm tion or. e&onStmc ion of said porao Of the State'Itighwa3;'Systera, prior'to the advertising for'bid on said project. The CITY fur{her agrees to do all of such work with-its'. own forces or by a contractor.p~id under a contrgct let by the CITY, all under the direction of the DEPARTMENT'S engineer. 2. The/CITY further agrees that said adjustments, changes 6r.r~location of faeil/ties will be made b~ the CITY ~arith sufficient promptness so as to cause no delay, to the DEPARTMENT or its eon- tractor 'in the prosecution of'such construction or reconstructi6n work; proCided,'however, that the CITY.shall not b~ r&sponsible for'delay beyon~ its eontrdl; and-that such "Relocation WorR' will be done under the ilirection Of'the DEPARTMENT'S engineer;'and the CITY further agrees that in the event the-chafiges, adjustments or relocation of such. facilities or utilities are done simultane0u~ly'with the construction projecty that '!t will be directly'responsible for handling of any legal claims that the contractor may' initiate due to delays 9aused by theciTY'S negligence; and that the CITY will not either proceed with the "Relocation Work" :with its own forces or advertise or let a contract for such work until it has received DEPARTMF T'S written authority to proceed. . , 3. The CITY further agrees that it will maintain and keep in repair, or cause to be maintained an&kept in repair, all of sugh adjusted, changed _or relocated~2ITY owned~r operated facilities or utilities within the righter way'of said portion of the State Highway~qystem;and ato comply~with all provisions of the law, including Rule 01446.01. . ...... 4. The DEPAtXTMENT agrees to furnish the CITY with-ali necessary highway construction plans that are required by the CITY to facilitate the CITY'S "Relocation World" 5. The DEPARTMENT further agrees that the CITY may relocate its facilities upon theState's right of way, according to the terms of the standard permit required by the State Statutes for oeeu- - pancy of public rights of way, and alt published regulations lawfully 'adqpted by'the DEPARTMENT 6. ',It is'mutually agreed that the CITY'S plans, maps pr sketches showing any-such facilities or utilities'to'_ be adjusted, changed, or relocated'are made a part hereof by reference. . 7. -~he CITY further agrees to indemnify, iiefend, and save harmless and exofle~ate the DEPARTMENT of and from all liabilit3/, claims, and demands for eontractuai liability rising out of the work undertaken by the CITY, its employees, agents, representative~, or its subcontractors due in whole, or in part, to condifions, actions,' Or omissions done or committed by the CITY; or its ~----~'-:-subcontract°rs, ~its employdes,-~agents,-repre~ntatives,-or ~ts 'subebntractor~. It is specifically-. : underst~0d,and .agrded.:.gat 7.this"ind&.m~datiml agreement does. not cb3~;' nor indemnify the IN WITNESS WHEREOF; the parties hereto .have caused this instrument to be duly executed, the day and ~ear first above~writteii. .-- :' ~;"; : ~'- · .- ' : ' '?:- '. ~. · -' · : ~' ;' :- - )'- '~ ' :-' STATE OF FLORIDA ' WITNESSES:' - ' ~' '.- ' -.s ~ '- :.:-'-. DEPARTMENT OF TRANSPORTATION " : ""::"' ' '' ':' '~'"' BY:'- '~ ':' "' '' ':' ' ......~. . ]~. :.' ...'-.] k'..'k-'. '. -. '( .DirectorofAclministratlon ..... - .%. '" ;( -Q'': -'.' i ~'i 4-.: '-~ ....· - '::~:.ATTEST: (SEAL) As to the DEPARTMENT - - ; - ~ .: f · Executive Secret~ry · · ~ :" CITY OF ' , FLORIDA ' ~:' ~'--'- :' :' ':;' ') ?/':;i~ .,BY..' ::':~'~- ~'-: -;:.' .-. '.: :: - ·' ':-' )' . - .... - ..... .- ? .... -..~'k. "-:C~'--':'~-'-- L- ;fY'.'-:':_ -(Title-'''' :" - ' - ~ - '- :- /-'(~)- "ATTEST: ':": '""z :' .'- ' (SEAL)~- ~C~Y .; ~'--'-." -' :,. : - ..' .'~'~-'- . .... _ ' ' -~ - - -_ . Approved. astoForm, Legality and Execution -- -;_- ' '-:.' 'k:' - S' "_" - ' STATE OF FI.OB_IDA DEPARTMENT OF TRANSPORTATION ' -. ' -" BY: Assistant Attorney - . . . - ' "-