R04-015
II ,
RESOLUTION NO. R04 - 0 IS"
A RESOLUTION OF THE CITY OF BOYNTON BEACH,
FLORIDA, AUTHORIZING AND DIRECTING THE CITY
MANAGER TO EXECUTE A PROJECT AGREEMENT
I BETWEEN THE CITY OF BOYNTON BEACH AND
FLORIDA INLAND NAVIGATION DISTRICT (FIND),
PROVIDING FOR ASSISTANCE FUNDING IN
FURTHERANCE OF AN APPROVED WATERWAY
ASSIST ANCE PROJECT CONSISTING OF THE BOAT CLUB
PARK FISHING/VIEWING PIER; AND PROVIDING AN
EFFECTNE DATE.
WHEREAS, the City of Boynton Beach has been awarded a $22,430 grant to
enovate the Boat Club Fishing/Viewing Pier, which includes re-decking, upgraded foot
ighting and repairs to the existing structure; and
WHEREAS, the City will have up to two years from the effective date of the project
greement to complete the project; and
WHEREAS, while the foundation is structurally sound, the 4,000 sq. feet pier is
¥om with uneven surfaces and needs re-decking; and
WHEREAS, the total project cost is $44,860 and the grant award requires the City to
rovide a 50% cash match, which match funds have been allocated in the adopted FY
003/04 Capital Improvement Plan;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as
eing true and correct and are hereby made a specific part of this Resolution upon adoption
ereof.
Section 2. The City Commission ofthe City of Boynton Beach hereby authorizes
:\CA\RESO\Agreements\Grants\FIND Agr - Boat Club Fishing-Viewing Pier.doc
II ,
, ¡and directs the City Manager to execute a Project Agreement between the City of Boynton I
I ~each and the Florida Inland Navigation District, a copy of which is attached hereto as
xhibit "A".
Section 2. This Resolution shall become effective immediately upon passage.
PASSED AND ADOPTED this ca 0 dav of Januarv, 2004.
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:\CA\RESO\Agreements\Grants\FIND Agr - Boat Club Fishing-Viewing Pier.doc
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\II¡II'¡IIIIIIIIIIII'I RECORDEr 'lI8lØ]I'2i0-~ 08:19:21
Palm Be-Be:'¡ Cn1Jnt.'j. fle.rida
DCtroth}' H ~LLJke-rl. C.ler·k 01 Court
DEED OF CONSERVATION EASEMENT
THIS DEED OF CONSERVATION EASEMENT is given this 29th day of October,
2003, by City of Boynton Beach, Florida, 100 E. Boynton Beach Blvd., Boynton Beach,
Florida 33425 (IIGrantor") to the South Florida Water Management District ("Grantee").
As used herein, the term Grantor shall include any and all heirs, successors or assigns of
the Grantor, and all subsequent owners of the "Propertyll (as hereinafter defined) and the
term Grantee shall include any successor or assignee of Grantee.
WITNESSETH
WHEREAS, the Grantor is the owner of certain lands situated in Palm Beach
County, Florida, and more specifically described in Exhibit A attached hereto and
incorporated herein (IIPropertyll); and
WHEREAS, the Grantor desires to construct (name of project) NE ih Street
Stormwater Improvements (IIProject") at a site in Palm Beach County, which is subject to
the regulatory jurisdiction of South Florida Water Management District (IIDistrict"); and
WHEREAS, District Permit No. (IIPermitll) authorizes certain
activities which affect waters in or of the State of Florida; and
WHEREAS, this Permit requires that the Grantor preserve, enhance, restore
and/or mitigate wetlands and/or uplands under the District's jurisdiction; and
WHEREAS, the Grantor, in consideration of the consent granted by the Permit, is
agreeable to granting and securing to the Grantee a perpetual conservation easement as
defined in Section 704.06, Florida Statutes (2000), over the Property.
NOW, THEREFORE, in consideration of the issuance of the Permit to construct
and operate the permitted activity, and as an inducement to Grantee in issuing the
Permit, together with other good and valuable consideration, the adequacy and receipt of
which is hereby acknowledged, Grantor hereby grants, creates, and establishes a
perpetual conservation easement for and in favor of the Grantee upon the Property which
shall run with the land and be binding upon the Grantor, and shall remain in full force and
effect forever.
Standard form - July, 2001 1 of 5 N:\6276\bs7784 Deed.doc
The scope, nature, and character of this conservation easement shall be as follows:
1. It is the purpose of this conservation easement to retain land or water areas
in their natural, vegetative, hydrologic, scenic, open, agricultural or wooded condition and
to retain such areas as suitable habitat for fish, plants or wildlife. Those wetland and/or
upland areas included in the conservation easement which are to be enhanced or created
pursuant to the Permit shall be retained and maintained in the enhanced or created
conditions required by the Permit.
To carry out this purpose, the following rights are conveyed to Grantee by this
easement:
a. To enter upon the Property at reasonable times with any necessary
equipment or vehicles to enforce the rights herein granted in a manner that will not
unreasonably interfere with the use and quiet enjoyment of the Property by Grantor at the
time of such entry; and
b. To enjoin any activity on or use of the Property that is inconsistent
with this conservation easement and to enforce the restoration of such areas or features
of the Property that may be damaged by any inconsistent activity or use.
2. Except for restoration, creation, enhancement, maintenance and monitoring
activities, or surface water management improvements, which are permitted or required
by the Permit, the following activities are prohibited in or on the Property:
a. Construction or placing of buildings, roads, signs, billboards or other
advertising, utilities, or other structures on or above the ground;
b. Dumping or placing of soil or other substance or material as landfill,
or dumping or placing of trash, waste, or unsightly or offensive materials;
c. Removal or destruction of trees, shrubs, or other vegetation, except
for the removal of exotic or nuisance vegetation in accordance with a District approved
maintenance plan;
d. Excavation, dredging, or removal of loam, peat, gravel, soil, rock, or
other material substance in such manner as to affect the surface;
e. Surface use except for purposes that permit the land or water area to
remain in its natural condition;
f. Activities detrimental to drainage, flood control, water conservation,
erosion control, soil conservation, or fish and wildlife habitat preservation including, but
not limited to, ditching, diking and fencing;
Standard form - July, 2001 20f5 N:\6276\bs7784 Deed.doc
g. Acts or uses detrimental to such aforementioned retention of land or
water areas;
h. Acts or uses which are detrimental to the preservation of any
features or aspects of the Property having historical or archaeological significance.
3. Grantor reserves all rights as owner of the Property, including the right to
engage in uses of the Property that are not prohibited herein and which are not
inconsistent with any District rule, criteria, permit and the intent and purposes of this
Conservation Easement.
4. No right of access by the general public to any portion of the Property is
conveyed by this conservation easement.
5. Grantee shall not be responsible for any costs or liabilities related to the
operation, upkeep or maintenance of the Property.
6. Grantor shall pay any and all real property taxes and assessments levied by
competent authority on the Property.
7. Any costs incurred in enforcing, judicially or otherwise, the terms, provisions
and restrictions of this conservation easement shall be borne by and recoverable against
the nonprevailing party in such proceedings.
8. Enforcement of the terms, provisions and restrictions of this conservation
easement shall be at the reasonable discretion of Grantee, and any forbearance' on
behalf of Grantee to exercise its rights hereunder in the event of any breach hereof by
Grantor, shall not be deemed or construed to be a waiver of Grantee's rights hereunder.
9. Grantee will hold this conservation easement exclusively for conservation
purposes. Grantee will not assign its rights and obligations under this conservation
easement except to another organization qualified to hold such interests under the
applicable state laws.
10. If any provision of this conservation easement or the application thereof to
any person or circumstances is found to be invalid, the remainder of the provisions of this
conservation easement shall not be affected thereby, as long as the purpose of the
conservation easement is preserved.
11. Grantor shall insert the terms and restrictions of this conservation easement
in any subsequent deed or other legal instrument by which Grantor divests itself of any
interest in the Property.
Standard form - July, 2001 3 of 5 N:\6276\bs7784 Deed.doc
12. All notices, consents, approvals or other communications hereunder shall
be in writing and shall be deemed properly given if sent by United States certified mail,
return receipt requested, addressed to the appropriate party or successor-in-interest.
13. This conservation easement may be amended, altered, released or revoked
only by written agreement between the parties hereto or their heirs, assigns or
successors-in-interest, which shall be filed in the public records in PAu.\ CeAc.H County.
TO HAVE AND TO HOLD unto Grantee forever. The covenants, terms,
conditions, restrictions and purpose imposed with this conservation easement shall be
binding upon Grantor, and shall continue as a servitude running in perpetuity with the
Property.
Grantor hereby covenants with said Grantee that Grantor is lawfully seized of said
Property in fee simple; that the Property is free and clear of all encumbrances that are
inconsistent with the terms of this conservation easement and all mortgages have been
joined or subordinated; that Grantor has good right and lawful authority to convey this
conservation easement; and that it hereby fully warrants and defends the title to the
conservation easement hereby conveyed against the lawful claims of all persons
whomsoever.
IN WITNESS WHEREOF, ~ TAi lor has hereunto set
its authorize? hand this 2.2 day of ,200_.
Signed, sealed and delivered ~(\TD" ~ ,
in our presence as witnesses: A Flo Ida corporation
~~~~ ~;;~t~~~
~IJIJ~ 51t-~1'f-
Print arne: ~
~~~V. Title: MAtOr
. ,,~V (y\ì I e~
Print Name:
~J>'OV,E~ AS~:
/ 71k (~.j
Standard form - July, 2001 40f5 N:\6276\bs7784 Deed.doc
STATE OF FLORIDA
) ss:
COUNTY OF f k ~
On this ~¿~ day of
the undersigned notary public, personally appeared
known to me to be the person who subscribed to the foreg
take an oat~s the JP~ition) á
(corporation ,1, p II) é'tit!J lorida corporation, and acknowledged that.he
executed the sa e on be alf of said corporation and that he was duly authorized to do
so.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
NOTARY PUBLIC, STATE OF FLORIDA
~~f11.~ This document will be
Print Name: executed by the City
,.~';iV~íf'". Barbara M. Madden upon the acquisition of all
My Commission EXPiremªCom.n;tiasion # DD125274 parcels identified for
~... ~- Expires July 19, 2006
, ~ ~ ~ Iond.ed conservation areas.
~/'1' OF f\: ,.%' Tbru
""""',- Atlantic Bonding CO., Inc.
South Florida Water Management District
Legal Form Approved
Date: July, 2001
Standard form - July, 2001 5 of 5 N:\6276\bs7784 Deed.doc
CONSERVATION EASEMENT
CITY OF BOYNTON BEACH,
PALM BEACH COUNTY, FLORIDA
LEGAL DESCRIPTION:
ONSERVATION AREA 1
HAT PORTION OF THE 66.00 FOOT RIGHT OF WAY FOR NORTHEAST 10TH AVENUE FORMERLY KNOWN AS
MICHIGAN A VENUE AS SHOWN ON THE PLAT OF LAKE ADDITION TO BOYNTON FLORIDA, ACCORDING TO THE
PLAT THEREOF AS RECORDED IN PLAT BOOK 11 PAGE 71 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY,
FLORIDA, BOUNDED AS FOLLOWS;
N THE NORTH BY THE SOUTH LINE OF LOT 2, BLOCK 6; ON THE EAST BY THE WEST LINE OF THE
INTRACOASTAL WATERWAY (FORMERLY FLORIDA COAST LINE WATERWAY AS SHOWN ON SAID PLAT LAKE
DDITION TO BOYNTON, FLORIDA); ON THE SOUTH BY THE NORTH LINE OF LOT 1, BLOCK 7; ON THE WEST B
HE NORTHERLY EXTENSION OF THE WEST LINE OF SAID LOT 1, BLOCK 7. -
ND
ONSERVATION AREA 2
OT 2, BLOCK 5, LAKE ADDITION TO BOYNTON FLORIDA, ACCORDING TO THE PLAT THEREOF AS RECORDED
IN PLAT BOOK 11 AT PAGE 71 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA.
ONSERVATION AREA 3
LOTS 1, 2,3,4,5,6, AND 7, BLOCK 1, BOYNTON PLACE, ACCORDING TO THE PLAT THEREOF AS RECORDED IN
PLAT BOOK 11 AT PAGE 40 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA.
OGETHER WITH A STRIP OF LAND 7.5 FEET IN WIDTH ADJACENT THERETO, BOUNDED AS FOLLOWS; ON THE
OUTH BY THE NORTH LINE OF SAID LOTS 1, 3,4,5,6, AND 7, BLOCK 1; ON THE EAST BY THE NORTHERL
EXTENSION OF THE EAST LINE OF SAID LOT 1, BLOCK 1; ON THE WEST BY THE NORTHERLY EXTENSION OF
HE WEST LINE OF SAID LOT 7, BLOCK 1; AND ON THE NORTH BY THE SOUTH LINE OF LOT 2, AND THE
ESTERLY EXTENSION THEREOF, BLOCK 5 LAKE ADDITION TO BOYNTON FLORIDA, ACCORDING TO THE PLA
HEREOF AS RECORDED IN PLAT BOOK 11 AT PAGE 71 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY,
FLORIDA.
ONSERVATION AREA 4
LOT 3, BLOCK 5, LAKE ADDITION TO BOYNTON FLORIDA, ACCORDING TO THE PLAT THEREOF AS RECORDED IN
PLAT BOOK 11, AT PAGE 71 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA.
OGETHER WITH A STRIP OF LAND 6.3 FEET IN WIDTH ADJACENT THERETO, BOUNDED AS FOLLOWS; ON THE
NORTH BY THE SOUTH LINE OF SAID LOT 3, BLOCK 5; ON THE EAST BY THE WEST LINE OF LOT 2, BLOCK 5; ON
HE WEST BY THE SOUTHERLY EXTENSION OF THE WEST LINE OF SAID LOT 3, BLOCK 5; AND ON THE SOUTH
BY THE WESTERLY EXTENSION OF THE SOUTH LINE OF SAID LOT 2, BLOCK 5.
AID LANDS SITUATE WITHIN THE CITY OF BOYNTON BEACH, PALM BEACH COUNTY, FLORIDA.
HEET 1 OF 5 SHEETS FILE NO. 03-15308.001-SS1
Heller- Weaver and Sheremeta, Inc. 310 Southeast First Street, Suite Four
Engineers ... Surveyors ... Planners Delray Beach. Florida 33483
(561) 243-8700
(561) 243-8777 Fax
CONSERVATION EASEMENT
CITY OF BOYNTON BEACH,
PALM BEACH COUNTY, FLORIDA
ELLER-WEAVER AND SHEREMETA, INC.
FLORIDA STATE LB. NO. 3449
ANIEL C. LAAK
PROFESSIO~ URVEYOR AND MAPPER DATED: NOVEMBER 4, 2003
FLORIDA T T REG. NO. 5118
-
1) THIS SKETCH AND LEGAL DESCRIPTION DOES NOT REPRESENT A FIELD BOUNDARY SURVEY ("THIS IS NO
SURVEY").
) NOT VALID WITHOUT THE ORIGINAL SIGNATURE AND RAISED EMBOSSED SEAL OF A FLORIDA LICENSED
URVEYOR AND MAPPER.
) NO SEARCH OF THE PUBLIC RECORDS HAS BEEN MADE BY THE SIGNING SURVEYOR.
HEET 2 OF 5 SHEETS FILE NO. 03-15308.001-S2
Heller- Weaver and Sheremeta, Inc. 310 Southeast First Street, Suite Four
Engineers ... Surveyors .., Planners Delray Beach. Florida 33483
(561) 243-8700
(561) 243-8777 Fax
SKETCH TO ACCOMPANY LEGAL DESCRIPTION
[N]
A PORTION OF LAKE ADDITION
TO BOYNTON FLORIDA
(PLAT BOOK 11, PAGE 71) ~
BOYNTON BEACH ,u
PALM BEACH COUNTY, FLORIDA ~
w
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'-J-NË~10THÃ~---!CL -;g ----------------------
(MICHIGAN AVE.) I
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BLOCK ('.3) I ! I 24o± NORTH LII£ LDT 1 ".
--C ~: LOT 1 ' b- 6~' i BLOCK (7:) ~-----[~~~~~~~-~---------------------------------------- '-
~ r- w ... . I I 1 ,PER PLAT BOOK 11, PAGE 71
~ ~ ~: ; I' I -' LOT 1 I, ' 50' BUILDII«j LINE
::;: ¡~; I I ! PER PLAT BOOK 11, PAGE 71
::!- s....~ I 1--..-..-.._.._.1_.._..-..-..-..-..-..-..-..-..-..-..-..-'.-..-..-.'-..-..-
iii!! =:=~ I I I
-!!21i-~~""'-"-"1 I , LAKE ADDITION
j ~:: : I : TO BOYNTON FLORIDA
~ ~ I I I PLAT BOOK 11, PAGE i1
~
SHEET 3 OF 5 SŒETS HWSALE NO.- 03-15308.001.ss3
-8 310 S,L 1st Street. s"t, j
Delray Beo.ch, Florldo. 33483
Heller - Weaver and Sheremeta inc. (561) 243-S700 - Phone
, (561) 243-sm - Fax
Engineers .,. Surveyors ... Planners
SKETCH TO ACCOMPANY LEGAL DESCRIPTION [NJ
A PORTION OF LAKE ADDITION
TO BOYNTON FLORIDA
(PLAT BOOK 11, PAGE 71) .
& BOYNTON PLACE ~
(PLAT BOOK 11, PAGE 40) ~
BOYNTON BEACH
PALM BEACH COUNTY, FLORIDA ~
----------------------------------T---- I L. ~
fiõ1 I I
______,_____ 50' NE. ~~VE. (~~SAS_~V~____J___I !\ !
i I bJ '
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: ¡ ~ f -[---------------------u----1 ' I - roo
, .__, LOT 4 IS' BUILDING LINE: ~ I ¡ I
BLOCK(?) ---1-:-------- b PER PLAT BOCK 11, PAGE 71 ... ~3Iì' ~ 33'~ I
~::: ;::;: r- ..... . I \ '
LAKE ADDITION ...J I LoJ I!I ~;;2 I
TO BOYNTON flORIDA ~ ~.... ~ LOT 1 LoJ: \ : ¡ . t
ð PLAT BOOK I1,PAGE71 ~ a ~~ é::! 125' ~~; \- 66' I ~..
- , ~ -ffi ~ ~ ¡... 1 I I
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~ ,~~ VEST W£ LOT 2 LOT 2 ~ ~~ \ II
o II ~~ [5' EASEMENT PER PB. 11 PG. 71 i ~ ~::; I
Ü at... SJ:lJTH LINE LOT 2 BLOCK 5: f/' ~"\ 1 isll- \ ¡
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æ ______.J.-__ ~ ;' I-LoJ I _
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t-- I 7.5' ~ (\.lIn 7~ ~,
LU IP I · I (') ~l:ig, ~ ~ I = ,
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-r- c:::I I C Ie 1-.......,
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en ~ I ~ ~ ~~ ëo ' ;:: :
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~ BOYNTON PLACE ~ :~ !i! >§: ~ I ~ '
I~ ~!t! r-----i AREA3 1-------- C"'"> I ,
PL~TBOOK11,PAGE40 - ....: -- \ r-
I C I I
! i i AREA = 51600 SQUARE FEET ~ i \
I I' on 66' ".
I I I LOT 2 - I I
LOT 5 I LOT 4 , LOT 3 , ; \ I
I 'I .,
~ &1 I I 125' ) I t
\ ,
375'-- I I
~ NE.1TH AVE. íFLORIOA AVE.ì I'
I. \
-------------------------------~---------------------------------,
SHEET 4 OF 5 SHEETS HWS ALE NO. . 03-15308.001-5S4
-M 31Ds.E.I~iImoI,SIiIo~
0Ihy Beach. FbiIa 33483
Heller - Weaver and Sheremeta ine (561) 243-8700-A1ooe
,. (561) 243-8777 - Fax
Engineers ... Surveyors ... Planners
-~----
· SKETCH TO ACCOMPANY LEGAL DESCRIPTION [N]
A PORTION OF LAKE ADDITION
TO BOYNTON FLORIDA
(PLAT BOOK 11, PAGE 71) .
& BOYNTON PLACE ~
(PLAT BOOK 11, PAGE 40) ~
BOYNTON BEACH ..
PALM BEACH COUNTY, FLORIDA g
U1
i \ J \
I I S' OCK( 5 '. I
I I L "', / I
I I LAKE ÅDDITIONr I
: : TO BOYNTON FLORIDA: -
I FLAT BOOK 11, PAGE 71 I
I I I I
I I I
_L______L______L____~~· L_ z
-------. <:>
r------ II -i~ f§r~CIJ~-Îs.5i JlJ--- ~
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! ~ >-; PLAT BOOK 1"1. PAGE 4d. ;:::
i LOT8 -- \ rAREA31 i ttt
: AAFf. = 51aJO SQUARE FEEP. V5
I ~ LOT 7 I LOT 6 I ttJ
: \ : : en
~______~___ sa 3751 50'
) S< NE.1TH AVE. (FlORlDAAVE.)
"'-________J_____________
SHEET 5 OF 5 SHEETS '\ HWS ALE NO. - 03-15308.001-SS5
M 311JSf.I.SIÆoI,SoiIø4
Delray Beach, FbiIa 33483
Heller - Weaver and Sheremeta ine (561)24WOO-PIme
,. (561)243-8777. Fax
Engineers ... Surveyors .,. Planners
- .
Exhibit A
FLORIDA INLAND NAVIGATION DISTRICT Ro&l-CI5"
PROJECT AGREEMENT
PROJECT NO. PB-BB-03-I05
This PROJECT AGREEMENT made and entered into this j..iù day of
ff:3¡~ , 20öt1 by and between the Florida Inland Navigation District
(hereinafter the "DISTRICT"), and the City of Bovnton Beach. (hereinafter the "PROJECT
SPONSOR").
In consideration of the mutual promises ad covenants contained herein, the parties agree
as follows:
1. PROJECT - Subject to the provisions of this Agreement and Rule 66B-2 of the
Florida Administrative Code (Exhibit "A"), the DISTRICT has determined to provide assistance
funding to' the PROJECT SPONSOR in furtherance of an approved project ("PROJECT")
consisting of the Boat Club Park FishinglViewing Pier. Said project is more specifically
described in the PROJECT SPONSOR'S Waterways Assistance Application, which is on file at
DISTRICT headquarters
Any modifications to the PROJECT shall require advance notice to and the prior written
approval of the DISTRICT.
2. TERM - The PROJECT SPONSOR shall not commence work on the PROJECT
prior to the execution of this Agreement unless specifically authorized by the DISTRICT Board
and shall complete the PROJECT and submit all required payment reimbursement
information on or before September 1, 2005, unless the PROJECT period has been extended
with the prior written approval of the DISTRICT. In no event, however, shall the PROJECT
period extend beyond three (3) years from October 1, 2003. The PROJECT SPONSOR
acknowledges there are no provisions to carryover the DISTRICT assistance funding under this
Agreement beyond September 30, 2006, and that any extension of funding beyond this date shall
be at the sole discretion of the DISTRICT.
Any request for extension of funding beyond the date set forth in the preceding paragraph
shall require submittal by the PROJECT SPONSOR of a request for extension to the DISTRICT
no later than July 1, 2005. This request will then be considered by the DISTRICT Board, whose
decision shall be final.
3. ASSISTANCE AMOUNT - The DISTRICT shall contribute no more than Fifty
percent (50%) of the PROJECT SPONSOR'S out-of-pocket costs for completion of this
PROJECT ("PROJECT AMOUNT"). Payment of funds by the DISTRICT to the PROJECT
SPONSOR (the "ASSISTANCE AMOUNT") will be on a reimbursement basis only, and only
for those authorized PROJECT COSTS as shown in Exhibit B and meeting the requirements of
~2:1., ilfg' dO
Paragraph 5 below and shall not, in any event, exceed $22,3-4 :00'. /ý'/"l-?
4. MATCHING FUNDS - The PROJECT SPONSOR warrants and represents that
it has the PROJECT SPONSOR Match Amount (the PROJECT AMOUNT less the
ASSISTANCE AMOUNT) available for the completion of the PROJECT and shall, prior to the
execution of this Agreement, have provided the DISTRICT with suitable evidence of the
availability of such funds using DISTRICT Form #95-01 (Exhibit C), and including upon
request, providing the DISTRICT with access to applicable books and records, financial
statements, and bank statements.
5. PROJECT COSTS - To be eligible for reimbursement under the Project
Agreement, PROJECT COSTS must be necessary and reasonable for the effective and efficient
accomplishment of the PROJECT and must be directly allocable thereto. PROJECT COSTS are
generally described in Exhibit B. PROJECT COSTS must be incurred and work performed
within the PROJECT period, with the exception of pre-agreement costs, if any specifically
identified in Paragraph 6 below, which are also eligible for reimbursement by the DISTRICT.
6. PRE-AGREEMENT COSTS - The DISTRICT and the PROJECT SPONSOR
fully understand and agree that there shall be no reimbursement of funds by the DISTRICT for
any obligation or expenditure made prior to the execution ofthis Project Agreement.
7. REIMBURSEMENT PROCEDURES - PROJECT COSTS shall be reported to
the DISTRICT and summarized on the Payment Reimbursement Request Form (Form #90-14)
attached as Exhibit D. Supporting documentation including bills and canceled payment vouchers
for expenditures shall be provided to the DISTRICT by the PROJECT SPONSOR or LIAISON
AGENT with any payment request. All records in support of the PROJECT COSTS included in
payment requests shall be subject to review and approval by the DISTRICT or by an auditor
selected by the DISTRICT. Audit expenses shall be borne by the PROJECT SPONSOR.
Project funds may be released in installments, at the discretion of the DISTRICT, upon
submittal of a payment request by the PROJECT SPONSOR or LIAISON AGENT. The
DISTRICT shall retain ten percent (10%) of each installment payment until the completion ofthe
PROJECT.
The following costs, if authorized in the attached Exhibit B shall be reimbursed only
upon completion of the PROJECT to the reasonable satisfaction of the DISTRICT and in
accordance with Exhibit A: personnel, equipment, project management, administration,
inspection, and design, permitting, planning, engineering, and/or surveying costs.
The DISTRICT shall have the right to withhold any payment hereunder, either in whole
or part, for non-compliance with the terms of this Agreement.
8. FINAL REIMBURSEMENT - The PROJECT SPONSOR, upon completion of
the PROJECT, shall submit to the DISTRICT a request for final reimbursement of the PROJECT
AMOUNT less any prior installment payments. The Payment amounts previously retained by the
DISTRICT shall be paid upon (1) receipt of the Final Audit report of expenses incurred on the
PROJECT by the DISTRICT, (2) full completion of the PROJECT to the reasonable satisfaction
of the DISTRICT, (3) submission of Project Completion Certification Form No. 90-13 (Exhibit
E), and (4) submission of a photograph of the PROJECT showing the sign required by Paragraph
17. Unless otherwise determined by the DISTRICT, the final reimbursement check shall be
presented by a DISTRICT representative to the PROJECT SPONSOR during a public
commission meeting or public dedication ceremony for the PROJECT facility.
9. RECORDS RETENTION - The PROJECT SPONSOR shall retain all records
supporting the PROJECT COSTS for three (3) years after the end of the fiscal year in which the
Final Payment is released by the DISTRICT, except that such records shall be retained by the
PROJECT SPONSOR until final resolution of matters resulting from any litigation, claim, or
special audit that starts prior to the expiration of the three-year retention period.
10. NONCOMPLIANCE - The DISTRICT shall have the right to reimbursement,
either in whole or part as it may determine, of the funds provided hereunder for noncompliance
by the PROJECT SPONSOR with any of the terms of this Project Agreement. Upon notification
from the DISTRICT, the PROJECT SPONSOR shall reimburse such funds directly to the
DISTRICT. The provisions of this paragraph shall survive completion ofthe PROJECT.
,
11. DISTRICT PROJECT MANAGER - The Executive Director, or his designee,
is hereby designated as the DISTRICT's Project Manager for the purpose of this Project
Agreement and shall be responsible for monitoring performance of its terms and conditions and
for approving all reimbursement requests prior to payment.
12. SPONSOR'S LIAISON AGENT - The PROJECT SPONSOR shall appoint a
LIAISON AGENT, whose name and title shall be submitted to the DISTRICT upon execution of
the Project Agreement, to act on behalf of the PROJECT SPONSOR relative to the provisions of
the Project Agreement.
13. STATUS REPORTS - The PROJECT SPONSOR'S LIAISON AGENT shall
submit to the DISTRICT project status reports during the PROJECT term. These Quarterly
Reports are to be on Form #95-02 (Exhibit F). Project design drawings, engineering drawings,
and a copy of the Project bid award construction item cost list will be submitted as available.
Photographs shall be submitted when appropriate to reflect the work accomplished. NON-
COMPLIANCE by the PROJECT SPONSOR with the reporting schedule in Exhibit G may
result in revocation of this Agreement.
14. LAWS - The PROJECT SPONSOR agrees to obtain and to abide by all federal,
state and local permits and all applicable laws and regulations in the development of the
PROJECT. The PROJECT SPONSOR agrees that all PROJECT facilities shall be designed and
constructed in compliance with state and federal statutory requirements for accessibility by
handicapped persons as well as all other federal, state and local laws, rules and requirements.
15. NON-DISCRIMINATION - The PROJECT SPONSOR agrees that when
completed, the PROJECT shall be readily accessible, on a non-exclusive basis, to the general
public without regard to age, sex, race, physical handicap, or other condition, and without regard
to residency of the user in another political subdivision. When such is required, adequate parking
shall be made available by the PROJECT SPONSOR to accommodate vehicles for the number of
persons for which the PROJECT is being developed.
16. SITE DEDICATION - The PROJECT SPONSOR also agrees that the
PROJECT site shall be dedicated for the public use for a minimum period of twenty-five (25)
years after completion of the PROJECT, such dedication to be in the form of a deed, lease,
management agreement or other legally binding document. Any change in such dedication shall
require the prior approval of the DISTRICT. The PROJECT SPONSOR shall record evidence of
such dedication within the Public Records of the County in which the PROJECT is located.
17. ACKNOWLEDGMENT - The PROJECT SPONSOR shall erect a permanent
sign, approved by the DISTRICT, in a prominent location at the completed project which shall
indicate that the DISTRICT contributed funds for the PROJECT. The wording of the sign
required by this paragraph shall be approved by the DISTRICT's staff before construction and
installation of said sign. This sign shall contain the DISTRICT logo (Exhibit H) unless otherwise
stipulated by the DISTRICT. In the event that the SPONSOR erects a temporary construction
sign, it shall also indicate the DISTRICT's participation.
18. PROJECT MAINTENANCE - When and where applicable, the PROJECT
SPONSOR agrees to operate, maintain, and manage the PROJECT for the life of the PROJECT
improvements and will pay all expenses required for such purposes. The PROJECT
improvements shall be maintained in accordance with the standards of maintenance for other
local facilities and in accordance with applicable health standards. PROJECT facilities and
improvements shall be kept reasonably safe and in reasonable repair to prevent undue
deterioration and to encourage public use. The PROJECT SPONSOR warrants and represents
that it has full legal authority and financial ability to operate and maintain said PROJECT
facilities and improvements.
19. SOVEREIGN IMMUNITY - Each party hereto agrees that it shall be solely
responsible for the wrongful acts of its employees, contractors and agents. However, nothing
contained herein shall constitute a waiver by either party of its sovereign immunity under Section
768.28, Florida Statutes. The PROJECT SPONSOR acknowledges that the DISTRICT, its
employees, commissioners and agents are solely providing funding assistance for the PROJECT
and are not involved in the design, construction, operation or maintenance ofthe PROJECT.
20. INSPECTIONS - The DISTRICT reserves the right, upon reasonable request, to
inspect said PROJECT and any and all records related thereto at any time.
21. RIGHTS AND DUTIES - The rights and duties arising under this Agreement
shall inure to the benefit of and be binding upon the parties hereto and their respective successors
and assigns, and shall, unless the context clearly requires otherwise, survive completion of the
PROJECT. The PROJECT SPONSOR may not assign this Agreement nor any interest hereunder
without the express prior written consent of the DISTRICT.
22. WAIVERS - Waiver of a breach of any provision of this Agreement shall not be
deemed a waiver of any other breach of the same or different provision.
23. NOTICE - Any notice required to be given pursuant to the terms and provisions
of this Agreement shall be in writing, postage paid, and shall be sent by certified mail, return
receipt requested, to the DISTRICT or PROJECT SPONSOR at the addresses below. The notice
shall be effective on the date indicated on the return receipt.
To the DISTRICT at:
Florida Inland Navigation District
1314 Marcinski Road
Jupiter, Florida 33477-9498
To the PROJECT SPONSOR at:
City of Boynton Beach
Attention: Director City of Boynton Beach
P.O. Box 310
Boynton Beach, FL 33425-0310
24. NO JOINT VENTURE - The DISTRICT's role with respect to the PROJECT is
that of a funding assistance authority only and the DISTRICT is not, and shall not be considered
to be, an agent, partner, or joint venturer with the PROJECT SPONSOR.
25. GOVERNING LAW - The validity, interpretation and performance of this
Agreement shall be controlled and construed according to the laws ofthe State of Florida.
26. TRANSFERENCE - It is the intent of the DISTRICT to issue this funding
assistance to the PROJECT SPONSOR who has made application for this assistance. In the event
the PROJECT SPONSOR transfers ownership or management of the PROJECT to a party or
parties not now a part of this document, other than another governmental entity that agrees to
assume, in writing, PROJECTS SPONSOR'S obligation hereunder, the DISTRICT retains the
right to full reimbursement from the PROJECT SPONSOR to the full extent of the funding
assistance provided by the DISTRICT, including but not limited to any costs and reasonable
attorney's fees (regardless of whether litigation ensues) incurred by the DISTRICT in collecting
said reimbursement.
.
.
27. ENTIRE UNDERSTANDING - This Agreement, including any exhibits made a
part hereof, embodies the entire Agreement and understanding of the parties and supersedes all
prior oral and written communications between them. The terms hereof may be modified only by
a written amendment signed by both parties hereto.
28. LITIGATION COSTSNENUE - In the event the DISTRICT or the PROEJCT
SPONSOR institutes any action or suit to enforce the provisions of the Agreement, the prevailing
party in such litigation shall be entitled to reasonable costs and attorney's fees at the trial,
appellate and post-judgment levels. The venue of any such litigation shall be had only in Palm
Beach County, Florida.
IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed the day,
month and year aforesaid.
FLO~;mLzYWM
/ Director
DATE: 2-14 at
':"ITNESSES: I BY:Y~
o 7;¡~~Jæ~ ---
KURT BRESSNER
Title: CITY MM~Ar,FR
-A~Ä. Ihd~ BOYNTON BEACH. Ft
DATE: /- ,aï-o,/
^'CYCR!~
~ST CITY ATTORNËŸ
EXHIDrr A
CHAPTER 66B-2 - W A TERW A YS ASSISTANCE PROGRAM (2003)
66B-2.001 Purpose.
66B-2.002 Forms.
66B-2.003 Definitions.
66B-2.004 Policy.
66B-2.005 Funds Allocation.
66B-2.006 Application Process.
66B-2.0061 Emergency Applications.
66B-2.007 Application Form. (Repealed)
66B-2.008 Project Eligibility.
66B-2.009 Project Administration.
66B-2.010 Project Agreement. (Repealed)
66B-2.011 Reimbursement.
66B-2.012 Accountability.
66B-2.013 Acknowledgement.
66B-2.014 Small-Scale Spoil Island Restoration & Enhancement Projects.
66B-2.001 - Purpose.
Recognizing the importance and benefits of inland navigation channels and
waterways, as well as noting problems associated with the construction, continued
maintenance and use of these waterways, the Florida Legislature created s.
374.976, Florida Statutes. This law authorizes and empowers each inland
navigation district to undertake programs intended to alleviate the problems
associated with its waterways. The purpose of this rule is to set forth the District's
policy and procedures for the implementation of an assistance program under s.
374.976, F.S., for local governments, member counties and navigation related
districts within the District. This program will be known hereafter as the Florida
Inland Navigation District's Waterways Assistance Program.
Specific Authority 374.976(2) FS. Law Implemented 374.976(1) FS. History - New 12-17-90, Formerly
16T-2.001.
1
; EXHffiIT A
66B-2.002 - Forms.
All forms for the administration of this program are available from the
District office.
Specific Authority 374.976(2) FS. Law Implemented 374.976(1) FS. History - New 12-17-90, Formerly
16T-2.002.
66B-2.003 - Definitions.
The basic terms utilized in this rule are defined as follows:
(1) "APPLICANT" means an eligible governmental agency submitting an
application through this program.
(2) "APPLICATION" means a project proposal with the required
documentation.
(3) "AUTHORIZED SUBMISSION PERIOD" means the established
period for submitting applications to the District.
(4) "BEACH RENOURISHMENT" means the placement of sand on a
beach for the nourishment, renourishment or restoration of a beach.
(5) "BOARD" means the Board of Commissioners of the Florida Inland
Navigation District.
(6) "DISTRICT" means the Florida Inland Navigation District (FIND).
(7) "ELIGIBLE GOVERNMENTAL AGENCY" means member counties,
local governments and navigation related districts within the taxing boundaries of
the District.
(8) "ENVIRONMENTAL PERMITS" means those permits, exemptions, or
general permits for construction below mean high water line of a navigable
waterway required and issued by or on behalf of the U.S. Army Corps of
Engineers, the Florida Department of Environmental Protection, and the South
Florida or the St. Johns River Water Management Districts or their successors.
(9) "EXECUTIVE DIRECTOR" means the Executive Director of the
Florida Inland Navigation District.
2
EXHffirr A
(10) "LIAISON AGENT" means the contact person officially designated to
act on behalf of the applicant or the project sponsor.
(11) "LOCAL GOVERNMENTS" means municipalities, cities, or
consolidated county governments, which are located within the member counties.
(12) "MATCHING FUNDS" means those funds provided by the local
sponsor to the project.
(13) "MEMBER COUNTY" means a county located within the taxing
boundaries of the District, which includes Duval, St. Johns, Flagler, V olusia,
Brevard, Indian River, St. Lucie, Martin, Palm Beach, Broward and Dade
Counties.
(14) "NAVIGATION RELATED DISTRICTS" means port authorities,
inlet districts or any other agency having legally authorized navigation related
duties in waterways of the District.
(15) "PRE~AGREEMENT COSTS" means project costs approved by the
District Board that have occurred prior to the execution of the project agreement.
(16) "PROGRAM" means the Florida Inland Navigation District
Waterways Assistance Program.
(17) "PROGRAM FUNDS" means financial assistance awarded by the
Board to a project for release to the project sponsor pursuant to the terms of the
project agreement.
(18) "PROJECT" means a planned undertaking consisting of eligible
program facilities, improvements or expenses for the use and benefit of the general
public.
(19) "PROJECT AGREEMENT" means an executed contract between the
District and a project sponsor setting forth mutual obligations regarding an
approved project.
(20) "PROJECT MANAGER" means the District employee who is
responsible for monitoring the performance of the Project and compliance with the
project agreement.
3
EXHffiIT A
(21) "PROJECT PERIOD" means the approved time during which costs
may be incurred and charged to the funded project.
(22) "PROJECT SPONSOR" means an eligible governmental agency
receiving program funds pursuant to an approved application.
(23) "PUBLIC MARINA" means a harbor complex used primarily for
recreational boat mooring or storage, the services of which are open to the general
public on a first come, first served basis without any qualifying requirements such
as club membership, stock ownership, or differential in price.
(24) "TRIM HEARING" means a public hearing required by Chapter 200,
F.S., concerning the tax and budget of the District.
(25) "WATER WAYS" means the Atlantic Intracoastal Waterway, the
Okeechobee Waterway in Martin County, the Barge Canal in Brevard County west
of the Port Canaveral Locks, the Rim Canal in Palm Beach County, the Dania Cut-
Off Canal in Broward County, navigable natural rivers, bays, creeks or lagoons
intersected by said waterways and all navigable natural creeks, rivers, bays or
lagoons entering or extending from said waterways.
(26) "WATERWAY RELATED ENVIRONMENTAL EDUCATION"
means an interdisciplinary holistic process by which the learner: develops an
awareness of the natural and manmade environments of waterways; develops
knowledge about how the environment of the waterways works; acquires
knowledge about the technological, social, cultural, political, and economic
relationships occurring in waterway related environmental issues; and, becomes
motivated to apply action strategies to maintain balance between quality of life
and quality of the environment of waterways.
Specific Authority 374.976(2) FS. Law Implemented 374.976(1) FS. History - New 12-17-90, Amended
9-2-92,2-6-97, Formerly 16T-2.003, Amended 5-17-98,3-21-01.
4
EXHffirr A
66B-2.004 - Policy.
The following constitutes the policy of the District regarding the
administration of the program:
(1) Financial Assistance Eligibility: Financial assistance, support and
cooperation may be provided to eligible governmental agencies for approved
projects as follows:
(a) Member counties may be provided financial assistance, support or
cooperation in planning, acquisition, development, construction, reconstruction,
extension, improvement, operation or the maintenance of public navigation, public
recreation, inlet management, environmental education, law enforcement and
boating safety projects directly related to the waterways. Member counties may
also be provided financial assistance, support, and cooperation in planning and
carrying out beach renourishment and inlet management projects.
(b) Eligible local governments may also be provided financial assistance,
support and cooperation in planning and carrying out public navigation, public
recreation, inlet management, environmental education, law enforcement and
boating safety projects directly related to the waterways. Eligible local
governments may also be provided financial assistance, support and cooperation in
planning and carrying out beach renourishment and inlet management projects.
(c) Navigation related districts may be provided with financial assistance to
pay part of the costs of the planning and acquisition of dredge material
management sites if the Board finds that the site is required for the long-range
maintenance of the Atlantic Intracoastal Waterway channel. All such sites must
meet the development and operational criteria established by the District through a
long-range dredge material management plan for that county. Navigation related
districts may also be provided with assistance for environmental mitigation
projects associated with waterway improvement related activities and inlet
management projects if the Board finds that the project benefits public navigation
in the Atlantic Intracoastal Waterway. All navigation related districts shall
5
· EXHffiIT A
contribute at least equal matching funds to any District financial assistance
provided. Seaports may also be furnished assistance and support in planning and
carrying out environmental mitigation projects. All seaport projects shall benefit
publicly maintained channels and harbors. Each seaport shall contribute matching
funds for funded projects.
(2) Notification: The District will notify by direct mail and/or advertised
public notice all eligible governmental agencies of the program and the upcoming
authorized submission period. Funding allocations to navigation related districts,
member counties and local governments shall be based upon the proportional
share of the District's ad valorem tax collections from each county.
(3) Project Approval: Approval of projects by the District shall be in
accordance with these rules.
(4) Project Accessibility: Facilities or programs funded in whole or in part
by program funds shall be made available to the general public of all of the
member counties on a non-exclusive basis without regard to race, color, religion,
age, sex or similar condition. Additionally, facilities funded in whole or in part by
program funds, shall not require a paid membership for the general public of all of
the member counties as a condition to use the facilities. User or entrance fees may
be charged for the use of facilities funded in whole or in part by program funds,
however such fees shall be reasonable and shall be the same for the general public
of all of the member counties.
(5) Waterway Impacts: All development projects must be designed so as
not to impact navigation along the District's waterways through the placement of
structures, attendant uses, or the necessity of a boating speed zone for safety
purposes. Before applying for boating speed zone designation in District
waterways because of a project funded by this program, the sponsor shall first
receive approval from the Board. The Board will use the criteria found in s.
327.46(1), F.S., in detennining whether to approve the proposed boating speed
zone.
6
EXHffiIT A
(6) Project Maintenance: The project sponsor shall be responsible for the
operation, maintenance, and management of the project for the anticipated life of
the project and shall be responsible for all expenses required for such purposes.
The project shall be maintained in accordance with the standards of maintenance
for other similar local facilities and in accordance with applicable health standards.
Project facilities and improvements shall be kept reasonably safe and in reasonable
repair to prevent undue deterioration and to encourage public use. The project
sponsor shall have full legal authority and financial ability to operate and maintain
the project facilities.
(7) Public Information Availability: Public information produced with
assistance from this program shall not be copyrighted and shall be provided free of
cost, except for the cost of reproduction, to the public.
(8) Third-Party Agreements: Projects that are being developed and operated
by a third party which is a not-for-profit agency shall have sufficient oversight by
the eligible project sponsor as determined by the Board. Such oversight, at a
minimum, will include a project liaison that is a staff member of the eligible
project sponsor, oversight of the operating hours and admission fees of the facility
by the eligible project sponsor through a legal agreement, and submission of the
third party's most recent audited financial statement. All third party projects shall
be open to the public in accordance with this rule.
(9) Non-compliance: The District shall terminate a project agreement and
demand return of program funds disbursed to the project sponsor for non-
compliance with any of the terms of the project agreement or this rule, if such non-
compliance calls into question the ability of the applicant to complete the project.
Failure of a project sponsor to comply with the provisions of this rule or the
project agreement shall result in the District declaring the project sponsor
ineligible for further participation in the program until such time as compliance
has been met to the satisfaction of the District.
Specific Authority 374.976(2) FS. Law Implemented 374.976(1), (2) FS. History - New 12-17-90,
Amended 2-3-94,2-6-97, Formerly 16T-2.004, Amended 5-18-98,3-31-99,5-25-00,3-21-01, 7-30-02.
7
EXHIBIT A
66B-2.005 - Funds Allocation.
The Board will allocate funding for this program based upon the District's
overall goals, management policies, fiscal responsibilities and operational needs
for the upcoming year. If funds are determined to be available for the program, the
District will notify potential eligible governmental agencies of the availability of
program funding. Applications will be reviewed by the Board utilizing District
Forms No. 91-25 and 91-25 (a thru e) Waterways Assistance Program Application
Evaluation and Rating Form (effective date 03-21-01); and 93-25 and 93-25 (a and
b) Waterways Assistance Program Navigation Districts Application Evaluation
and Rating Form, (effective date 03-21~01), hereby incorporated by reference and
available from the District office.
(1) Funding Assistance Availability: In as much as the District has other
fiscal responsibilities and operational needs, financial assistance to eligible
government agencies shall not exceed an amount equal to eighty (80) per cent of
the proportional share of the District's ad valorem tax collections from each county
in which such agencies are located. The District may make an exception to this
funding limitation, if funds are determined to be available based upon the District's
overall goals, management policies, fiscal responsibilities and operational needs,
in counties that are recovering from a state of emergency declared under Chapter
252, Florida Statutes.
(2) Project Funding Ratio: All financial assistance and support to eligible
governmental agencies shall require, at minimum, equal matching funds from the
project sponsor with the exception of public navigation projects that meet the
prOVISIOns of s.66B-2.005(7) and small-scale spoil island restoration and
enhancement projects that meet the provisions of s.66B-2.013. Applicant's in-
house costs are limited pursuant to s. 66B-2.008(1)(c). All financial assistance to
seaports shall require equal matching funds. The District shall contribute no more
than fifty percent (50%) of the local share of the cost of an inlet management or
8
EXHffiIT A
beach renourishment project. The District shall not contribute funding to both the
state and local shares of an inlet management or beach renourishment project
(3) Pre-agreement Expenses: The project sponsor shall not commence
work on an approved project element prior to the execution of the project
agreement unless authorized by the Board during the review and funding approval
process. Board authorization of pre-agreement expenses will be given for the
commencement of work prior to the execution of a project agreement if the Board
determines that there is a benefit to the District, its waterways or its constituents.
All project costs must be incurred and work performed within the project period as
stipulated in the project agreement unless pre~agreement costs are approved by the
Board. Pre-agreement expenses will be approved if they are consistent with the
provisions of rule 66B-l.008 and occur within the fiscal year of the grant
application submission (October 1st to September 30th). Pre-agreement expenses,
except for projects approved by the Board as multi-year projects, will be limited to
fifty (50) percent of the project's total cost and if the expenses are eligible project
expenses in accordance with this rule. Only one-half (1/2) or less of the approved
pre-agreement expenses will be eligible for reimbursement funding from the
District, except for projects approved by the Board as multi-year projects.
(4) Multi-Year Funding: The construction phase of projects that are large
scale, involve multiple phases, have a construction time line of one year or longer,
or are requesting a significant amount of assistance funding in relation to the total
assistance available for the county where the project is located, will be reviewed
and approved by the District Board for a multiple year period subject to budgeting
and allocation pursuant to the provisions of Chapter 200, F.S. The determination
by the Board to provide assistance funding on a multi-year basis can be made at
any time during the application review process.
(5) Seaport Funding Eligibility: Financial assistance to seaports may
exceed the proportional share of the District's ad valorem tax collections as set
forth in s. 66B-2.005(1) from the county in which such seaport is located if the
9
EXHIDIT A
seaport can demonstrate that a regional benefit occurs from the port's activities.
Financial assistance to a seaport project that demonstrates a regional benefit shall
not exceed an amount equal to (i) the proportional share of the District's ad
valorem tax collections as set forth in s. 66B-2.005(1) from the counties where the
benefit is demonstrated less (ii) funding allocated in the same fiscal year to all
other local government projects funded in those counties.
(6) Inlet Management and Beach Renourishment: Projects and project
elements in the categories of inlet management and beach renourishment shall be
subject to the following provisions. The District shall contribute no more than fifty
per cent of the local share of the cost of the project. The District shall not
contribute funding to both the state and local shares of an inlet management or
beach renourishment project. Funding for the construction phase of an inlet
management or beach renourishment project may be approved by the District
Board for a multiple year period subject to budgeting and allocation pursuant to
the provisions of Chapter 200, F.S. Additionally the following provisions shall be
met for inlet management or beach renourishment projects:
(a) Inlet Management:
Inlet management projects shall benefit public navigation
within the District and shall be consistent with Department of
Environmental Protection approved inlet management plans and the
statewide beach management plan pursuant to s. 161.161, F.S. Inlet
management projects that are determined to be consistent with Department
of Environmental Protection approved inlet management plans are declared
to be a benefit to public navigation.
(b) Beach Renourishment
All projects in this category shall be consistent with the
statewide beach management plan. Beach renourishment projects shall only
include those beaches that have been adversely impacted by navigation
inlets, navigation structures, navigation dredging, or a navigation project.
10
· . EXHffiIT A
The determination of beach areas that are adversely impacted by navigation
for the purposes of this program shall be made by Department of
Environmental Protection approved inlet management plans. If state
funding is not provided for a beach project, public access with adequate
parking must be available in accordance with s. 161, F.S.
(7) Public Navigation: Projects or project elements in the category of
public navigation that will qualify for up to ninety (90%) per cent program funds
include:
(a) Navigation channel dredging where the proj ect sponsor
demonstrates that the source of channel sedimentation has been identified
and is in the process of or has been controlled, or that the frequency and
amount of shoaling is such that dredging will provide an improvement to
the channel that will last for twenty (20) years or more and therefore is
more cost effective than identifying and correcting the cause of shoaling, or
that the cost of identifying the source of channel sedimentation exceeds the
cost of the dredging project,.
(b) Navigation channel lighting and markers.
Other public navigation projects or project elements will only qualify for up
to fifty percent (50%) program funding.
Specific Authority 374.976(2) FS. Law Implemented 374.976(1), (3) FS. History - New 12-17-90,
Amended 6-24-93,9-5-96,2-6-97, Formerly 16T-2.005, Amended 5-17-98,8-26-99,3-21-01, 7-30-02
66B-2.006 - Application Process.
(1) Application Period: Applications for assistance through this program
will be submitted during the authorized submission period that shall be established
by vote of the Board at a scheduled meeting.
(2) Application Forms: Florida Inland Navigation District Waterways
Assistance Program Application Form Number FIND 90-22 (effective date 7-30-
02) and 93-22 (effective date 7-30-02) are hereby incorporated by reference and
11
EXHIBIT A
available from the District office. With the exception of Small-Scale Spoil Island
Restoration and Enhancement projects, all applications for financial assistance and
support through this program from member counties and local governments shall
be made on Form Number FIND 90-22. All applications for financial assistance
and support through this program from navigation related districts shall be made
on Form Number FIND 93-22.
(3) Sponsor Resolution: The project sponsor shall approve the submission
of an application by official resolution from its governing board or commission.
Said resolution shall be made on FIND Resolution Form No. 90-21 (effective date
10-14-92) hereby incorporated by reference and available from the District office.
(4) Attorney's Certification: If the application is for a proj ect that is a land
based development project, the applicant shall submit an Attorney's Certification
of Title, FIND Form Number 94-26 (effective date 5-25-00), hereby incorporated
by reference and available from the District office.
(5) Application Review: Applications will be reviewed by the local FIND
Commissioner before being submitted to the District Office. Upon receipt in the
District office, staff will review the applications for completeness of the
informational requirements identified in the Application Checklist, FIND Form
Number 90-26 (effective date 7-30-02) and for compliance with the eligibility
requirements of this rule. When an application is determined by staff to be
incomplete or ineligible, staff will immediately inform the applicant by mail. The
applicant will then have until the date established by the Board in the application
package to bring the application into compliance. If the applicant fails to provide a
complete application in compliance with these rules, the application will not be
considered for funding. In order to have a complete application, the applicant shall
not only submit the forms required under Rule 66B-2.006, and any other
information requirements identified in the Application Checklist (FIND Form
Number 90-26), but such forms and other submitted information must be
12
EXHIBIT A
completely filled out, executed as applicable, and also establish compliance with
Rule 66B-2.
(6) Interlocal Agreements: Applications that the Board determines will
directly benefit the maintenance of the Atlantic Intracoastal Waterway channel as
documented by the District's long range dredged material management plans, will
directly benefit the maintenance of the Okeechobee Waterway channel in Martin
County as documented by the District's long range dredged material management
plan, will directly benefit the maintenance or improvement of District property, or
have multiple funding partners including the Corps of Engineers as the project
manager can qualify for project assistance through an interlocal agreement
pursuant to s.163, FS. or s. 374.984(6)(a), FS. District staff will identify these
applications and present them to the Board for their determination as to funding.
Interlocal agreement projects shall comply with all other provisions of this rule,
except for pre-agreement expenses, permitting and property control requirements.
(7) Application Presentations: Applications determined to be complete and
in compliance with this rule will be forwarded to the Board for review and then
scheduled for presentation to the Board at a scheduled meeting of the Board.
Applicants can decline to make a presentation to the Board by submitting a written
request.
(8) Application Evaluation and Rating Score: Following the presentations,
the Board will review the applications and evaluate them using the Project
Evaluation and Rating Forms No. 91-25 (effective date 3-21-01), and No. 91-25(a
thru e) for Waterways Assistance Program applications, and 93-25 and 93-25(a &
b) for Navigation Related District applications, hereby incorporated by reference
and available from the District office. The total points awarded to each application
by the Commissioners will be averaged to determine an applications final rating
score. The final rating score for each application must equal or exceed 35 points
for the application to be considered for funding assistance. Reconsideration of any
application with a final rating score of less than 35 points will only occur if the
13
EXHIBIT A
majority of the Commissioners evaluating the project rated the project equal to or
exceeding 35 points and two-thirds of the Commissioners vote for reconsideration
of the application.
(9) Funding Detennination: The Board will hold a funding allocation
meeting at which time the Board will detennine the allocation of funds, if any, to
each project. Allocations will be based in part upon the cumulative score of the
applications as calculated from the Project Evaluation and Rating Fonn.
Allocations will also be based upon the specific needs of the individual counties.
Specific Authority 374.976(2) FS. Law Implemented 374.976(1) FS. History - New 12-17-90, Amended
9-2-92,6-24-93,4-12-95, Formerly 16T-2.006, Amended 5-25-00,3-21-01,7-30-02.
66B-2.0061 - Emergency Applications.
Emergency applications may be submitted to the District and considered by
the Board at any time during the year to provide assistance to an eligible applicant
for the removal of navigation obstructions and repair or replacement of waterway
facilities damaged by a declared natural disaster. The District shall consider these
applications in accordance with these rules.
Specific Authority 374.976(2) FS. Law Implemented 374.976(1) FS. History - New 6-24-93, Amended 2-
6-97, Formerly 16T-2.0061.
66B-2.007 - Application Form.
(Repealed)
Specific Authority 374.976(2) FS. Law Implemented 374.976(1) FS. History - New 12-17-90, Amended
6-24-93,2-3-94,4-12-95, Formerly 16T-2.007, Repealed 7-30-02.
66B-2.008 - Project Eligibility.
(1) Eligible Projects: Financial assistance and support through this program
shall be used to plan or carry out public navigation, public recreation,
environmental education, boating safety, spoil site acquisition directly related to
the waterways, inlet management, environmental mitigation and beach
renourishment.
14
. ,
. EXHmIT A
(a) Program funds may be used for projects such as acquisition, planning,
development, construction, reconstruction, extension, improvement, operation or
maintenance of the following types of projects for public use on land and water.
These project types will be arranged into a priority list each year by vote of the
Board. The priority list will be distributed to applicants with the project
application.
1. Public navigation channel dredging;
2. Public navigation aids and markers;
3. Inlet management projects that are a benefit to public navigation
in the District;
4. Public shoreline stabilization;
5. Public spoil disposal site development;
6. Waterway signs and buoys for safety, regulation or information;
7. Public boat ramps and launching facilities and land acquisition
for additional trailer parking at an existing boat ramp;
8. Public boat docking and mooring facilities;
9. Derelict Vessel Removal;
10. Waterways related environmental education programs and
facilities;
11. Public fishing and viewing piers;
12. Public waterfront boardwalks;
13. Waterways boating safety programs and equipment;
14. Beach renourishment on beaches adversely impacted by
navigation inlets, navigation structures, navigation dredging, or a
navigation project; and
15. Other waterway related projects.
(b) Ineligible Projects or Project Elements: Project costs ineligible for
program funding or matching funds will include: contingencies, miscellaneous,
reoccurring personnel related costs, land acquisition that is not for additional
15
EXHIBIT A
trailer parking at an existing boat ramp, irrigation equipment, ball-courts, park and
playground equipment, and any extraneous recreational amenities not directly
related to the waterway such as the following:
1. Landscaping;
2. Restrooms for non-waterway users;
3. Roadways providing access to non-waterway users;
4. Parking areas for non-waterway users;
5. Utilities for non-waterway related facilities;
6. Lighting for non-waterway related facilities;
7. Maintenance equipment;
8. Picnic shelters and furniture;
9. Vehicles to transport vessels;
10. Operational items such as fuel, oil, etc.
(c) Project Elements with Eligibility Limits: Subject to approval by the
Board of an itemized expense list:
1. The following project costs will be eligible for program funding
or as matching funding:
a. Project management, administration and inspection;
b. Design, permitting, planning, engineering or surveying
costs for completed construction project;
c. Restoration of sites disturbed during the construction of an
approved project;
d. Equipment costs.
2. The following project costs, with the exception of those projects
requesting Small-Scale Spoil Island Restoration and Enhancement
funding, will be eligible only as matching costs and cannot exceed
fifteen (15) percent of the applicants match:
a. Applicant's non-recurring personnel costs;
b. Applicant's equipment costs;
16
EXHIBIT A
c. Applicant's in-house project management administration,
and inspection costs;
d. Applicant's in-house design, permitting, planning,
engineering or surveying costs for completed construction
proj ect;
e. Applicant's other in-kind services.
Before reimbursement is made by the District on any of the costs listed in
subsection 1. or 2. above, a construction contract for the project approved and
executed by the project sponsor and project contractor must be submitted to the
District.
(d) Phasing of Projects: Applications for eligible waterway projects will be
submitted as a phased project where Phase I will include the design, engineering
and permitting elements and Phase II will include the construction of the project.
A description and cost estimate of the Phase II work will be submitted along with
the Phase I application for Board review. Applicants for construction projects that
include elements that require federal or state environmental permits will
demonstrate that all required environmental permitting will be completed by the
District's final TRIM hearing. This demonstration will be by the submission of
the required environmental permit(s) or by the submission of a letter from the
agency( s) stating that a permit is not required. Should the environmental
permitting element of an application that has construction elements that require
federal or state environmental permits not be completed by the District's final
TRIM hearing, the construction portion of the project will not be considered for
funding. The District will not deviate from the funding schedule, whereby funding
decisions are completed at the final TRIM hearing, to accommodate any
application deficiency.
(2) Property Control: The site of a new proposed land-based development
project, with the exception of those projects requesting Small-Scale Spoil Island
Restoration and Enhancement funding, shall be dedicated for the public use for
17
\
EXHffiIT A
which the project was intended for a minimum period of 25 years after project
completion. Such dedication shall be in the form of a deed, lease, management
agreement or other legally binding document and shall be recorded in the public
property records of the county in which the property is located. This property
control requirement also applies to a project site owned by another governmental
entity. The governmental entity that owns the project site may be joined as a co-
applicant to meet this property control requirement. Existing land based
development projects that are being repaired, replaced or modified must
demonstrate that the project site has been dedicated for public use for at least 25
years with at least 10 years remaining on the dedication document. Property shall
also be deemed dedicated for public use if (a) the property has been designated for
the use for which the project is intended (even though there may have been no
formal dedication) in a plat or map recorded prior to 1940 or (b) the project
sponsor demonstrates that it has had exclusive control over the property for the
public use for which the project is intended for a period of at least 30 years prior to
submission of the application, or (c) there is no ongoing litigation challenging the
designated use of the property as shown on the plat or map, nor has there been any
judicial determination contrary to the use by the public for the use shown on the
plat or map.
(3) Permits: The project sponsor is responsible for obtaining and abiding by
any and all federal, state and local permits, laws and regulations in the
development of the project.
(4) Public Marina Qualifications: All public marina projects funded through
this program shall include sewage pumpout facilities for vessels, unless the
applicant can demonstrate that inclusion of such a facility is physically,
operationally or economically impracticable. All public marina projects funded
through this program shall have at least ten (10%) percent of their slips or mooring
areas available for transient vessels. Program funds to public marina projects shall
not be utilized for maintenance of the facilities if revenues generated by the
18
EXHIBIT A
facility are not exclusively allocated to the operation, maintenance and
improvement of the public marina facility.
(5) Final Decisions: The Board will make all final decisions on the
eligibility of a Project or specific project costs.
Specific Authority 374.976(2) FS. Law Implemented 374.976(1) - (3) FS. History - New 12-17-90,
Amended 9-2-92,6-24-93,2-3-94,4-12-95,9-5-96,2-6-97, Formerly 16T-2.008, Amended 5-17-98,3-31-
99,5-25-00,3-21-01, 7-30-02.
66B-2.009 - Project Administration.
The District will appoint a project manager who shall be responsible for
monitoring the project and the project agreement. The project manager shall also
be responsible for approving all reimbursement requests. The project sponsor shall
appoint a liaison agent, who will be a member of the eligible applicant's staff, to
act on its behalf in carrying out the terms of the project agreement. Administration
of the project will be as follows:
(1) Project Agreement: For each funded project, the District and the project
sponsor will enter into a project agreement, prior to the release of program funds,
setting forth the mutual obligations of the parties concerning the project. The
project agreement shall incorporate the applicable policies and procedures of the
program as outlined in this rule. Project agreements will be for a two-year period
with the possibility for one, one-year extension. Any request for a one-year
extension of funding shall require submittal by the PROJECT SPONSOR of a
request for extension to the DISTRICT no later than July of fiscal year two of the
approved project. This request will then be considered by the DISTRICT Board,
whose decision shall be final. In review of these requests, the Board will take into
consideration the current status and progress of the project and the ability of the
applicant to complete the project within one additional year.
(2) Matching Funds: The project sponsor shall clearly identify and
enumerate the amount and source of the matching funds it will be using to match
the program funds supplied by the District for an approved project. The project
19
EXHIBIT A
sponsor shall provide suitable evidence that it has the matching funds available at
the time the project agreement is executed.
(3) Agreement Modification: All proposed changes to the proj ect
agreement must be submitted to the District in writing by the project sponsor
accompanied by a statement of justification for the proposed changes. All project
agreement amendments shall be approved by the District Board, except that the
Executive Director may approve a minor project agreement amendment for a
project within a county with the local District commissioner's concurrence. A
minor project amendment shall not change the approved project's category nor
result in a reallocation of more than 35% of the approved funding of the project
among project elements. Project agreement amendments will not include a change
to the approved project's location or a change in the approved project's purpose or
project type. Agreed changes shall be evidenced by a formal amendment to the
project agreement and shall be in compliance with these rules.
(4) Project Reporting: The liaison agent will submit quarterly reports to the
project manager summarizing the work accomplished since the last report,
problems encountered, percentage of project completion and other appropriate
information. These reports shall continue throughout the length of the project
period until completion of the project. The report shall be submitted on Form 95-
02, "Assistance Program Project Quarterly Status Report, dated 7-30-02, hereby
incorporated by reference and available at the District office.
(5) Reimbursement Requests: The liaison agent may submit periodic
reimbursement requests during the project period in accordance with s.66B-2.011.
The project manager will approve or disapprove all reimbursement requests. The
final payment of program funds will be made upon certified completion of the
project by the District.
(6) Project Inspection: Upon reasonable request, the project manager shall
have the right to inspect the project and any and all records relating to the project.
20
EXHffiIT A
(7) Project Completion: The project shall be completed within three (3)
years of the date beginning of the District's first fiscal year for which the project
was approved. If the completion of a project is impacted by a declared state of
emergency and the Board waives this rule section, the extension of time granted
shall not exceed one additional three (3) year period.
(8) Project Completion Requirements: Upon completion of the project, the
liaison agent shall provide the following to the project manager:
(a) A Project Completion Certificate, FIND Form No. 90-13 (effective date
7-30-02), hereby incorporated by reference and available from the District office,
which certifies that the project was completed in accordance with the project
agreement and the final project plans.
(b) A final reimbursement request accompanied by all required billing
statements and vouchers.
(c) Photograph(s) showing the installation of the sign required by s. 66B-
2.013.
(d) Photograph(s) of the completed project clearly showing the program
improvements.
(9) Project Completion Review: The project manager will review the
project completion package and will authorize or reject the final reimbursement
payment, which will include all retained funds from previous requests.
Specific Authority 374.976(2) FS. Law Implemented 374.976(1) FS. History - New 12-17-90, Formerly
16T-2.009, Amended 3-21-01.
66B-2.010 - Project Agreement.
(Repealed)
Specific Authority 374.976(2) FS. Law Implemented 374.976(1) FS. History - New 12-17-90, Amended
9-5-96, 1-01, Formerly 16T-2.0JO, Repealed 7-30-02.
66B-2.011 - Reimbursement.
The District shall release program funds in accordance with the terms and
conditions set forth in the project agreement. This release of program funds shall
21
EXHffiIT A
be on a reimbursement only basis,:. The District shall reimburse the project sponsor
for project costs expended on the project in accordance with the project
agreement. Project funds to be reimbursed will require the submission of a
Reimbursement Request Fonn and required supporting documents, FIND Fonn
No. 90-14 (effective 7-30-02), hereby incorporated by reference and available
from the District office.
(1) Authorized Expenditures: Project funds shall not be spent except as
consistent with the project agreement cost estimate that was approved by the
Board, which shall be an attachment to the project agreement. This cost estimate
will establish the maximum funding assistance provided by the District and the
percentage of funding provided by each party to the project. The District will pay
the lesser of (a) the percentage total of project funding that the Board has agreed to
fund, or (b) the maximum application funding assistance amount.
(2) Phase I Reimbursement: In accordance with these rules, reimbursement
cannot be made on a Phase I application until a construction contract is executed
by the applicant for the construction phase of the project. If the Phase I project is
completed but a construction contract is not executed by the three (3) year project
deadline, then the District shall only allow one (1) year from the Phase I project
deadline to enter into the required construction contract before the Phase I funding
is cancelled.
(3) Reimbursement Requests: All project costs shall be reported to the
District and summarized on the Reimbursement Request Fonn. All requests for
reimbursement shall include supporting documentation such as billing statements
for work perfonned and cancelled payment vouchers for expenditures made.
(4) Retainage: The District shall retain ten percent (10%) of all
reimbursement payments until final certification of completion of the project. The
District shall withhold any reimbursement payment, either in whole or part, for
non-compliance with the tenns of this agreement.
22
.
. EXHIBIT A
(5) Check Presentations: A District representative shall present the final
reimbursement check to the project sponsor during a public commission meeting
or public dedication ceremony for the project facility.
Specific Authority 374.976(2) FS. Law Implemented 374.976(1) FS. History - New 12-17-90, Amended
6-24-93, Formerly 16T-2.011, Amended 3-31-99, 7-30-02
66B-2.012 - Accountability.
The following procedures shall govern the accountability of program funds:
(1) Accounting: Each project sponsor is responsible for maintaining an
accounting system that meets generally accepted accounting principles and for
maintaining such financial records as necessary to properly account for all
program funds.
(2) Quarterly Reports: The project sponsor shall submit quarterly project
status reports to FIND in accordance with s.66B-2.009( 4).
(3) Completion Certification: All required final completion certification
documents and materials as outlined in s.66B-2.009(8) of this rule shall be
submitted to the District prior to final reimbursement of program funds.
(4) Auditing: All project records including project costs shall be available
for review by the District or by an auditor selected by the District for 3 years after
completion of the project. Any such audit expenses incurred shall be borne
entirely by the project sponsor.
(5) Project Records: The project sponsor shall retain all records supporting
project costs for three years after either the completion of the project or the final
reimbursement payment, whichever is later, except that should any litigation,
claim, or special audit arise before the expiration of the three year period, the
project sponsor shall retain all records until the final resolution of such matters.
(6) Repayment: If it is found by any State, County, FIND, or independent
audit that program funds have not been used in accordance with this rule and
applicable laws, the project sponsor shall repay the misused program funds to the
District.
23
..
~ EXHIDIT A
Specific Authority 374.976(2) FS. Law Implemented 374.976(1) FS. History - New 12-17-90, Formerly
16T-2.012, Amended 7-30-02.
66B-2.013 - Acknowledgement.
The project sponsor shall erect a permanent sign, approved by the District,
in a prominent location at the completed project that indicates the District's
participation in the project. This sign shall contain the FIND logo. In the event that
the project sponsor erects a temporary construction sign, this sign shall also
recognize the District's participation. If the final product of the project is a report,
study or other publication, the District's sponsorship of that publication shall be
prominently indicated at the beginning of the publication. If the project results in
an educational display, the District's logo and a statement of the District's
participation in the project shall be contained in the display.
Specific Authority 374.976(2) FS. Law Implemented 374.976(1) FS. History - New 12-17-90, Formerly
16T-2.013.
66B-2.014 - Small-Scale Spoil Island Restoration and Enhancement
Projects.
Proposals shall be accepted for the restoration or enhancement of spoil
islands and natural islands within the District's waterways for recreational,
navigational, educational, and environmental purposes. The provisions of this rule
apply to these applications with the following additions or exceptions:
(1) Application Procedure - A Request for Proposals procedure will be
used to request proposals for consideration. Proposals shall follow the format
described in FIND Document #03-02 Call for Proposals - Small Scale Spoil Island
Restoration and Enhancement Program, effective date 7-30-02, hereby
incorporated by reference and available from the District office. Proposals may be
submitted to the District and considered by the Board at any time during the year.
(2) Matching Funds: Small-scale spoil island restoration and enhancement
may qualify for up to ninety percent (90%) program funds. The applicant's ten
24
,
EXHffiIT A
percent (10%) matching funds may include in-kind contribution pursuant to s66B-
2.014(4) (b).
(3) Eligibility: All proposals must meet the following eligibility criteria to
be considered for funding.
(a) Management Plan Compliance: Projects shall be in compliance with the
provisions of any Spoil Island Management Plans or other management plans that
govern the Project site.
(b) Property Control: The Project Sponsor must have written property rights
on the Project site to construct and maintain the Project for a minimum of five
years. Such property rights can be in the form of a lease, interlocal agreement, use
agreement or other legal form approved by the District.
(4) Funds Allocation: Funds shall be allocated pursuant to s. 66B-2.005,
subject to the exceptions identified in this rule, and with the following additions:
(a) The District shall fund a maximum of up to $7,500 per project, not to
exceed $22,500 per County, per fiscal year.
(b) The Project Sponsor may contribute in-kind construction labor; such
in-kind construction labor costs will not be counted by the District as exceeding
$10.00 per hour. No administrative costs can be incorporated into the Project as
Project costs.
(c) The funding provided by the District shall only be allocated for
specific Project expenses such as construction materials, plant materials,
herbicides, etc. The funding provided by the District shall not be allocated for
parties, food or beverages.
(5) Hold Harmless Waiver: All volunteers, who are not government
employees, shall sign a hold harmless waiver Form No. 02-01 (New 7-30-02) as
approved by the District and hereby incorporated by reference and available from
the District office.
Specific Authority 374.976(2) FS. Law Implemented 374.976(1) FS. History - New 7-30-02.
25
,
EXHIBIT B
pnO.JECT J\U1\IBU{: PB-BB-UJ-I II:;
PHO.IECT TITLE: Bont Club Park Fishing! \ï~"ing Pier'
APPLICANT: City Of Boynton Benrh Revision Date:
Proj~ct Ekm~nts Quantity E>tllllatLd Applicants FIND
(Number and/or Cost Cost Cost
FootaQe)
'"OWoo' 000"0'14000 'q ft i
i +S 13080.00 ; +$ 6540.00 +$ 6540.00
i
I
... i'" ......... .....J ...... ... ............ ..+..m.......m...um__....nmn.n..n....
Installation of Decking \ \+$ 20000.00 :+5 10000.00 I +$ 10000.00
i "8000 i~, 1890001~~;;;;;;-
.J.
.nuuu___· .n --too... i
! +~
i ~
~ ~
....j. 300000 i". 150000_1·~;;;0;;
Installation of Top Rail j +$
í
I
I
_ _n.____u___ ___u__________.u____u__."__ .¡.
Electrical Upgrades - j+S 5000.00 ¡ +5 2500.00 I +5 2500.00
Light Fixtures i · I
· .
· .
, .
, .
, .
, .
, .
, '
____.._ "________________ "_______u"__ ----1------ m_j__ ....____ .00 ~n_n_'nm 0000000"_ n___....Ju_____
I I
~
í
.----¡-----___un_____'_ _u·u___ --'1
' i
I ¡ I
I-J~ :
, ,
I ·
! !
...___.___u____. I n..nr.............. ...1"""'00' 00""" .... ,
! :
¡ ¡
i I
I ' ¡
· .
, .
, .
---.---------..-.- --"'_00'_-"-_00--'000'-'''-'''--000000-'''--1---00-' i
I I I i
"''''0000' ......... ..noon .....nn....n.. ................ ....00"1"'''''''''': ................. 00.............. 0000.............00.................0000......_....
I ¡ i i
¡m-~..._t ._n~_ ----....... ¡
nnn,,"mm.." n..........m ..t... .............__0000__00 t 'm___n ·..____1 ~.....-..n......-n.-...-_
¡" I
· ' .
· .
· .
~~---.n-__... ............~. ........................ .......~ _....+ n..no...nn_h_______.... ___j.n.n...______...
· I ; I '
¡ I ! I
: ; :
····r . .... ... r I·· ... ....m ···········rm-
· , I I .
"m.n.. ,00'00' ,:.m "00'" .m...!. .mmm ...' '. m,..., n......'.....--...--.---unn....-m-t
· I'
· .
· .
· .
! í' i
, í :
· .
· ,
: ,¡
TOTALS 1+$ 44860.00 11+$ 22430.00 1+$ 22430.00 I
EXHIBIT C
FLORIDA INLAND NAVIGATION DISTRICT
ASSISTANCE PROGRAM
Matching Funds Certification
Sponso~ City of Boynton Beach
Project Title: Boat Club Park Fishing/Viewing Pier Project #: PB-BB-03-10S
I hereby certify that the above referenced project Sponsor, as of October 01, 20~,
has the required matching funds for the accomplishment of the referenced project in
accordance with the Waterways Assistance Program Project Agreement between the
Florida Inland Navigation District and the Sponsor, dated October 2001. *
Project Liaison Name: John Wildner
Project Liaison Signature: /~ jA/ ~
Date: j .it) / t' c¡ /
I
*S. 837.06 Florida Statutes, False official statements. - Whoever knowingly makes a false
statement in writing with the intent to mislead a public servant in the performance of his or her
official duty shall be guilty of a misdemeanor of the second degree, punishable as provided in s.
775.082 or s. 775.083 F.S.
FIND Form No. 95-01
New 9/9/95 (revised 7-30-02)
EXHIBIT D
FLORIDA INLAND NAVIGATION DISTRICT
ASSISTANCE PROGRAM
PAYMENT REIMBURSEMENT REQUEST FORM
PROJECT NAME: PROJECT NO.:
PROJECT SPONSOR: BILLING NO.:
Amount of Assistance
All Funds Previously Requested ~
Balance Available =
Funds Requested
Less Retainage (-10% unless final) ~
Check Amount =
Balance Available
Less Check Amount ~
Balance Remaining =
SCHEDULE OF EXPENDITURES
Expense Description Check No. Total Applicant FIND
(Should correspond to Vendor Name and Date Cost Cost Cost
Cost Estimate Sheet
Categories in Exhibit "B")
FIND - Form No. 90-14 (NOTE: Signature Required on Page 2)
Effective Date 7-30-02)
FIND - Form No. 90-14
Page Two
EXHIBIT D (CONTINUED)
SCHEDULE OF EXPENDITURES
Expense Description Check No. Total Applicant FIND
(Should correspond to Vendor Name and Date Cost Cost Cost
Cost Estimate Sheet
Categories in Exhibit "B")
Certification for Reimbursement: I certify that the above expenses were necessary and reasonable for
the accomplishment of the approved project and that these expenses are in accordance with Exhibit
"B" of the Project Agreement. *
Project Liaison Date
*S. 837.06 Florida Statutes, False official statements. - Whoever knowingly makes a false statement in
writing with the intent to mislead a public servant in the performance of his or her official duty shall be
guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083 F.S.
FIND - Form No. 90-14
Effective Date 7-30-02)
·
EXHIBIT E
FLORIDA INLAND NAVIGATION DISTRICT
ASSISTANCE PROGRAM
Project Completion Certification
Sponsor:
Project Title: Project #:
I hereby certify that the above referenced project was completed in accordance with
the Cooperative Assistance Program Project Agreement between the Florida Inland
Navigation District and , dated
, 20_, and that all funds were expended in accordance with
Exhibit "B" and Paragraph 1 of the Project Agreement. *
Project Liaison Name:
Project Liaison Signature:
Date:
*S. 837.06 Florida Statutes, False official statements. - Whoever knowingly makes a false
statement in writing with the intent to mislead a public servant in the performance of his or
her official duty shall be guilty of a misdemeanor of the second degree, punishable as
provided in s. 775.082 or s. 775.083 F.S.
FIND Form No. 90-13
(Effective Date: 12-17-90, Revised 7-30-02)
.
.
.
EXHIBIT F
ASSISTANCE PROGRAM PROJECT
QUARTERLY STATUS REPORT
PROJECT NO.
PROJECT TITLE:
PROJECT SPONSOR:
REPORT PERIOD
Oct I-DEC 15 _ Dee 15- Mar 1_ Mar I-June 15_ June 15-Sep 1
Report Due: (Dee 30) (March 15) (June 30) (Sep 15)
WORK ACCOMPLISHED:
PROBLEMS ENCOUNTERED:
PERCENTAGE COMPLETION:
OTHER NOTABLE ITEMS:
Fonn No. 95-02
(Effective Date: 7-30-02)
.. .
EXHIBIT G
W ATERW A YS ASSISTANCE PROJECT SCHEDULE
OCTOBER 2003 - Project Agreement Executed, Project Initiates.
DECEMBER 30, 2003 - First Quarterly Report Due.
MARCH 15, 2004 - Second Quarterly Report Due.
JUNE 30, 2004 - Third Quarterly Report Due.
SEPTEMBER 15, 2004 - Fourth Quarterly Report Due.
DECEMBER 30, 2004 - Fifth Quarterly Report Due.
MARCH 15, 2005 - Sixth Quarterly Report Due.
JUNE 30, 2005 - Seventh Quarterly Report Due.
NOTE: If project will not be completed and all close out paperwork submitted by
September ¡st, a request for an extension of the completion date of the project
should be submitted with the quarterly report.
SEPTEMBER 1, 2005 - Closeout paperwork due.
By September 30, 2005 - District finishes processing closeout paperwork, perfonns
project inspection and submits final reimbursement check to sponsor.
NOTE: Any modifications to the PROJECT shall require advance notice and prior
written approval of the District. The appropriate timing for modifications to the project
cost estimate, Exhibit B, would be after receipt of bids.
*NON-COMPLIANCE by the PROJECT SPONSOR with the reporting schedule in
Exhibit B may result in revocation of this agreement pursuant to Paragraph 13 of
the project agreement.
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EXHIBIT H
FLORIDA INLAND
NAVIGATION DISTRICT
FLORIDA INLAND NAVIGATION DISTRICT
February 05, 2004
Mr John Wildner - Director
COMMISSIONERS Parks Dept.
City of Boynton Beach
P.O. Box 310
CATHLEEN C. VOGEL Boynton Beach, FL 33425-0310
CHAIR
MIAMI-DADE COUNTY
CHARLES R. FAULKNER
VICE-CHAIR RE: Boat Club Park Fishing/Viewing Pier
FLAGLER COUNTY
GRAYCE K. BARCK Project # PB-BB-03-105, Project Agreement
TREASURER
VOLUSIA COUNTY Dear Mr Wildner:
GAIL A. BYRD
SECRETARY
MARTIN COUNTY Enclosed is your original copy of the fully executed Project
SUSAN M. ENGLE Agreement for the above referenced project. Please note the
BROWARD COUNTY
KENNETH F. HOFFMAN reporting requirements and project requirements referenced in this
INDIAN RIVER COUNTY agreement.
CHARLES A. PADERA
ST. JOHNS COUNTY
JOHN D. BOOTH Please contact me if I can be of any further assistance.
PALM BEACH COUNTY
MICHAEL D. MESIANO
DUVAL COUNTY
JERRY H. SANSOM :"'")
BREVARD COUNTY 0 C'":>::¡
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GEORGE L. KAVANAGH .."
ST. LUCIE COUNTY I"Tl -"';'0
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DAVID K. ROACH - _:2:
EXECUTIVE DIRECTOR - .,
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MARK T. CROSLEY '-I ("):t>
ASSISTANT EXECUTIVE DIRECTOR "'"
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ADMINISTRATIVE OFFICE ON THE INTRACOASTAL WATERWAY IN PALM BEACH COUNTY
1314 MARCINSKI ROAD, JUPITER, FLORIDA 33477-9498 TELEPHONE 561-627-3386 FAX No, 561-624-6480
www,alcworg