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R04-105 II \ \ ! RESOLUTION R04- I oS" A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE CITY MANAGER AND CITY CLERK TO EXECUTE AN INTERLOCAL AGREEMENT BETWEEN PALM BEACH COUNTY (COUNTY) AND THE CITY OF BOYNTON BEACH (CITY) FOR FUNDING OF THE RECREATION CENTER AT WILSON PARK; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City owns property located at 211 N.W. 13th Avenue in the City of Boynton Beach, Florida; and WHEREAS, the City desires to construct the Recreation Center at Wilson Park at the above location, and has requested that the County financially participate in the construction of this project; and WHEREAS, the purpose of this Interlocal Agreement is to enhance recreational and cultural opportunities for use by the public and thereby provide a mechanism for the County to assist the City in the funding of the project; WHEREAS, the County will pay to the City a total amount not to exceed $1,000,000 for the construction of the project, and the City agrees to provide funding in an amount of $1,167,000 or greater to complete the project; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THA T: Section 1. This Commission does hereby authorize and direct the City Manager and City Clerk to execute an Interlocal Agreement between Palm Beach County and the City of Boynton Beach to assist with costs for construction of Wilson Recreation Center in an amount not to exceed $1,000,000. Section 2 That this Resolution shall become effecti ve immediately upon passage. S\CA SO\Agrc~n~nts\InterI0i.:als\Jmerl0cal- Wilson Recreation.doc II i I i i ¡ I PASSED AND ADOPTED this ~ day of July, 2004. CITY OF BOYNTON BEACH, FLORIDA ---... f~ l_ ~-::;~ \.. -. \ ATTEST: Yn.~ ~ (Corporate Seal) So,CA SO\.-'\greelœnts\Interlocals\Imerlocal- Wilson Recreation.doc R04-IOS INTERLOCAL AGREEMENT BETWEEN PALM BEACH COUNTY AND THE CITY OF BOYNTON BEACH FOR FUNDING OF THE RECREATION CENTER AT WILSON PARK THIS INTERLOCAL AGREEMENT is made and entered into on , by and between PALM BEACH COUNTY, a political subdivision of the State of Florida, hereinafter referred to as "COUNTY", and Boynton Beach, a Florida municipal corporation, hereinafter referred to as "MUNICIPALITY". WIT N E SSE T H: WHEREAS, MUNICIPALITY owns property located at 211 N. W. 13th Avenue in the City of Boynton Beach; and WHEREAS, MUNICIPALITY desires to construct the Recreation Center at Wilson Park, hereinafter referred to as "the Project" at said location; and WHEREAS, MUNICIPALITY has asked COUNTY to financially participate in the construction of said project; and WHEREAS, on November 5,2002, a bond referendum was passed by the voters of Palm Beach County for the issuance of general obligation bonds for the purpose of financing the acquisition, construction, and/or improvements to certain recreation and cultural facilities, in the principal amount of $50 Million ("the $50 Million Recreation and Cultural Facilities Bond"); and WHEREAS, the COUNTY has approved a recreation and cultural facilities project list and proposed funding allocations for the $ 50 Million Recreation and Cultural Facilities Bond; and WHEREAS, the Project represents one such recreation/cultural project; and WHEREAS, MUNICIPALITY desires to operate and maintain the Project upon its completion; and WHEREAS, the Project shall be open to and benefit all residents of Palm Beach County; and WHEREAS, Section 163.01, Florida Statutes, permits public agencies to enter into Interlocal Agreements with each other to jointly exercise any power, privilege, or authority which such agencies share in common and which each might exercise separately; and 1 WHEREAS, both parties desire to increase the recreational and cultural opportunities for residents of Palm Beach County and to enter into this Interlocal Agreement. NOW, THEREFORE, in consideration of the mutual covenants, promises and representations contained herein, the parties hereto agree as follows: ARTICLE 1: GENERAL Section 1.01 The foregoing recitals are true and correct and are incorporated herein as if fully set forth. Section 1.02 The purpose of this Interlocal Agreement is to enhance recreational and cultural opportunities for use by the public and thereby provide a mechanism for the COUNTY to assist MUNICIPALITY in the funding of the Project. Section 1.03 COUNTY will pay to MUNICIPALITY a total amount not to exceed $1,000,000 for the construction) of the Project as more fully described in the Project Description, Conceptual Site Plan, and Cost Estimate attached hereto and made a part hereof as Exhibit "A". MUNICIPALITY recognizes that the County's funding of the Project is being paid from the proceeds of tax-exempt bonds issued by the County. MUNICIPALITY agrees to provide the County with a certification, in a form acceptable to the County, from MUNICIPALITY's chief financial officer or independent accountant that each cost item for which County funding is requested under Article 3 of this Agreement constitutes a capital expenditure. In that regard, an item is considered a capital expenditure where the item has a useful life and benefit beyond one year or extends the Project's use beyond one year. Section 1.04 MUNICIPALITY agrees to provide funding in an amount of $1,167,000 or greater to complete the Project. The parties agree that the COUNTY shall provide its portion of the funding only after MUNICIPALITY has expended $1,167,000. Section 1.05 COUNTY's representative during the design and construction of the Project shall be the Director of Parks and Recreation, Palm Beach County Parks and Recreation Department, telephone no. (561) 966-6685. MUNICIPALITY's representative during the design and construction of the Project shall be John Wildner, Parks Director, 742-6226. Section 1.06 MUNICIPALITY shall design and construct the Project upon property owned by MUNICIPALITY as more fully described in Exhibit "B" attached hereto and made a part hereof. Section1.07 MUNICIPALITY shall utilize its procurement process for all design/construction services required for the Project. Said procurement process shall be consistent with all federal, state and local laws, rules and regulations. COUNTY shall have no contractual obligation to any person retained by MUNICIPALITY with regard to the Project. Any 2 dispute, claim, or liability that may arise as a result of MUNICIPALITY's procurement is solely the responsibility of MUNICIPALITY and MUNICIPALITY hereby holds the COUNTY harmless for same to the extent permitted by law and subject to the limitations of Section 768.28, Florida Statutes. ARTICLE 2: DESIGN AND CONSTRUCTION Section 2.01 MUNICIPALITY shall be responsible for the design and construction of the Project. MUNICIPALITY shall design and construct the Project in accordance with Exhibit "A", attached hereto and made a part hereof, and with all applicable federal, state and local laws, rules and regulations. Section 2.02 Prior to or upon execution of this Interlocal Agreement by the parties hereto, MUNICIPALITY shall initiate its procurement process to select the necessary professional engineer and/or architect to perform all engineering and/or architectural design work, including, but not limited to, the preparation of plans, permits and specifications necessary for the design and construction of the Project. Section 2.03 MUNICIPALITY shall provide a copy of the engineer's and/or architect's programming phase documents (Le., site plan, floor plan, elevations, etc.) to the COUNTY's Representative for review. The COUNTY's Representative shall review said programming phase documents to ensure consistency with the intent of this Interlocal Agreement. Section 2.04 MUNICIPALITY shall be responsible for securing all permits and approvals necessary to construct the Project. Section 2.05 Prior to MUNICIPALITY commencing construction of the Project, MUNICIPALITY shall provide a copy of all plans and specifications, along with the associated costs thereof, to the COUNTY's Representative for review to ensure consistency with the intent of this Interlocal Agreement. I Section 2.06 MUNICIPALITY agrees to totally complete the Project and open same to the I public for its intended use within thirty six (36) months from the date of execution of this Interlocal Agreement by the parties hereto. Upon notification to the COUNTY at least ninety (90) days prior to that date MUNICIPALITY may request an extension beyond this period for the purpose of completing the Project. COUNTY shall not unreasonably deny MUNICIPALITY's request for said extension. Section 2.07 MUNICIPALITY shall submit quarterly project status reports to the COUNTY's Representative on or before January 10, April 10, July 10, and October 10 during the design and construction of the Project. These Quarterly reports shall include but not be limited to, a summary of the work accomplished, problems encountered, percentage of completion, and other information as deemed appropriate by the COUNTY's Representative. 3 ARTICLE 3: FUNDING Section 3.01 The total not to exceed amount as set forth in Section 1.03 hereinabove shall be paid by COUNTY to MUNICIPALITY on a reimbursable basis. Any costs incurred in connection with the Project in excess of that amount shall be the sole responsibility of MUNICIPALITY. Should the total cost of the Project exceed the amount as projected by MUNICIPALITY, MUNICIPALITY shall appropriate and expend the excess funds required for completion of the Project. The COUNTY shall not dispense any funds to MUNICIPALITY for the Project until MUNICIPALITY has appropriated and expended said excess funds for the Project. Section 3.02 The COUNTY shall reimburse project costs under the terms of this Agreement to MUNICIPALITY on a quarterly basis from the date of execution of this Interlocal Agreement; however, should the need arise for MUNICIPALITY to be reimbursed on a more frequent basis, then COUNTY will, at MUNICIPALITY's specific request for each instance,' make its best efforts to reimburse MUNICIPALITY within forty five (45) days of such special request. For each requested payment, MUNICIPALITY shall provide to the COUNTY's Representative a fully completed and executed Contract Payment Request Form and a Contractual Services Purchase Schedule Form, attached hereto and made a part hereof as Exhibit "C". Said forms shall include information listing each invoice as paid by the MUNICIPALITY and shall include the vendor invoice number; invoice date; and the amount paid by MUNICIPALITY along with the number and date of the respective check for said payment. MUNICIPALITY shall attach a copy of each vendor invoice paid by MUNICIPALITY along with a copy of each respective check and shall make reference thereof to the applicable item listed on the Contractual Services Purchase Schedule Form. Further, MUNICIPALITY 's Project Administrator and Project Financial Officer shall certify the total funds spent by MUNICIPALITY on the Project and shall also certify that each vendor invoice as listed on the Contractual Services Purchase Schedule Form was paid by MUNICIPALITY as indicated. Section 3.03 The COUNTY shall retain not less than ten percent (10%) of the total amount allocated to MUNICIPALITY for the Project until MUNICIPALITY completes the Project and provides COUNTY with either a Certificate of Occupancy or a Project Completion Certification as determined by COUNTY, and the COUNTY receives and approves all documentation as required in accordance with this Interlocal Agreement. The COUNTY's representative shall visit the Project site to verify and approve said final reimbursement. Section 3.04 MUNICIPALITY shall provide a request for final reimbursement to the COUNTY no later than ninety (90) days following completion of the Project and provision of either a Certificate of Occupancy or Project Completion Certification to the County. 4 Section 3.05 The County agrees to reimburse MUNICIPALITY an amount not to exceed $0 for pre-agreement costs .accruing to the Project subsequent to November 5, 2002, as more fully described in Exhibit "D", Pre-Agreement Cost List. Section 3.06 For construction projects fully funded by the County, no more than 1 0% of the County's funding for the project shall be used for design and engineering costs for the project and be eligible for reimbursement under this Agreement. For construction projects not fully funded by the County, all design and engineering costs associated with the project shall be borne by the MUNICIPALITY, and will not be eligible for reimbursement from the County. Section 3.07 County shall reimburse Project costs only after MUNICIPALITY has expended its share of Project funding in its entirety. MUNICIPALITY shall provide the County with a certification, in a form acceptable to the County, from an independent auditor that the MUNICIPALITY has complied with this Project funding provision. The County will be entitled to rely on that certification in reimbursing Project costs to the MUNICIPALITY under this Agreement. ARTICLE 4: OWNERSHIP, OPERATION AND MAINTENANCE OF THE PROJECT Section 4.01 Upon completion, the Project shall remain the property of the MUNICIPALITY. The COUNTY shall not be required to pay MUNICIPALITY any additional funds for any other capital improvement required by or of MUNICIPALITY. Section 4.02 MUNICIPALITY hereby warrants and represents that it has full legal authority and financial ability to operate and maintain said Project. MUNICIPALITY shall be responsible for all costs, expenses, fees and charges, and liability related to the operation and maintenance of the Project. Section 4.03 MUNICIPALITY shall operate and maintain the Project for its intended use by the general public for a term of thirty (30) years from the execution of this Interlocal Agreement by the parties hereto. MUNICIPALITY shall maintain the Project in accordance with industry standards for such facilities to prevent undue deterioration and to encourage public use. Section 4.04 The rights and duties arising under this Interlocal Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns. MUNICIPALITY may not assign this Interlocal Agreement or any interest hereunder without the express prior written consent of the COUNTY. Section 4.05 It is the intent of COUNTY to issue this funding assistance to MUNICIPALITY for the purpose set forth hereinabove. In the event MUNICIPALITY transfers ownership of the Project to a party or parties not now a part of this Interlocal Agreement, other than another governmental entity that agrees to assume, in writing, 5 MUNICIPALITY's obligations hereunder, COUNTY retains the right to reimbursement from MUNICIPALITY for its participation to the full extent of the funding assistance awarded to accomplish the Project. Should MUNICIPALITY transfer management of the project to a party or parties not now a part of this Interlocal Agreement, MUNICIPALITY shall continue to be responsible for the liabilities and obligations as set forth herein. Further, MUNICIPALITY shall not transfer management of the Project to a third party without the written consent of the COUNTY. ARTICLE 5: USE OF THE PROJECT Section 5.01 MUNICIPALITY warrants that the Project shall serve a public recreational or cultural purpose and be open to and benefit all residents of Palm Beach County and shall be available thereto on the same cost and availability basis as to residents of MUNICIPALITY. MUNICIPALITY shall not discriminate on the basis of race, color, sex, national origin, age, disability, religion, ancestry, marital status or sexual orientation with respect to use of the Project. Section 5.02 The term of this Interlocal Agreement shall be for a period of thirty (30) years commencing upon the date of execution of this Interlocal Agreement by the parties hereto. MUNICIPALITY shall restrict its use of the Project to recreational, cultural, civic, community and social purposes only unless otherwise agreed to in writing by the parties hereto. Section 5.03 MUNICIPALITY shall affix a permanent plaque or marker in a prominent location at the completed Project indicating that the COUNTY was a contributor to the development of the Project. Said plaque or marker shall include the County seal and a list of County Commissioners, unless otherwise directed by the COUNTY's Representative. ARTICLE 6: ACCESS AND AUDITS MUNICIPALITY shall maintain adequate records to justify all charges, expenses, and costs incurred in estimating and performing the design/construction of the Project for at least five (5) years after the end of the fiscal year in which the final payment is released by the COUNTY, except that such records shall be retained by MUNICIPALITY until final resolution of matters resulting from any litigation, claim, or special audit that starts prior to the expiration of the five (5) year period. The COUNTY reserves the right, upon reasonable request and during normal business hours, to inspect said Project and shall have access to such books, records, and documents as required in this section for the purpose of inspection or audit. ARTICLE 7: NOTICES Any notice given pursuant to the terms of this Interlocal Agreement shall be in writing and hand delivered or sent by Certified Mail, Return Receipt Requested. All notices shall be addressed to the following: 6 As to the COUNTY: Director of Parks and Recreation Palm Beach County Parks and Recreation Department 2700 Sixth Avenue South Lake Worth, FL 33461 With a copy to: County Attorney 301 North Olive Avenue, Suite 601 West Palm Beach, FL 33401 As to the MUNICIPALITY: City Manager City of Boynton Beach 100 East Boynton Beach, Boulevard Boynton Beach, Florida 33435 ARTICLE 8: TERMINATION FOR NON-COMPLIANCE The COUNTY may terminate this Interlocal Agreement upon written notice to MUNICIPALITY for non-compliance by MUNICIPALITY in the performance of any of the terms and conditions as set forth herein and where MUNICIPALITY does not cure said non-compliance within ninety (90) days of receipt of written notice from the COUNTY to do so. Further, if MUNICIPALITY does not cure said non-compliance within the time frame specified above, then upon written notice, the COUNTY may require MUNICIPALITY to reimburse any funds provided to MUNICIPALITY pursuant to this Interlocal Agreement either in whole or in part once the COUNTY has reasonably determined that no other remedy is available. ARTICLE 9: REMEDIES This Interlocal Agreement shall be governed by the laws of the State of Florida. Any and all legal action necessary to enforce the Interlocal Agreement will be held in Palm Beach County. No remedy herein conferred upon any party is intended to be exclusive of any other remedy, and each and every such remedy shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statute or otherwise. No single or partial exercise by any party of any right, power, or remedy hereunder shall preclude any other or further exercise thereof. The parties hereto may pursue any and all actions available under law to enforce this Interlocal Agreement including, but not limited to, actions arising from the breach of any provision set forth herein. 7 ARTICLE 10: FILING A copy of this Interlocal Agreement shall be filed with the Clerk of the Circuit Court in and for Palm Beach County. ARTICLE 11: INDEMNIFICATION It is understood and agreed that MUNICIPALITY is merely a recipient of County funding and is an independent contractor and is not an agent, servant or employee of County or its Board of County Commissioners. It is further acknowledged that the County only contributes funding under this Agreement and operates no control over the Project. In the event a claim or lawsuit is brought against County or any of its officers, agents or employees, MUNICIPALITY shall indemnify, save and hold harmless and defend the County, its officers, agents, and/or employees from and against any and all claims, liabilities, losses, judgments, and/or causes of action of any type arriving out of or relating to any intentional or negligent act or omission of MUNICIPALITY its agents, servants and/or employees in the performance of this Agreement. The foregoing indemnification shall survive termination of this Agreement. In consideration for reimbursement of costs incurred prior to the term of this Agreement, the foregoing indemnification shall apply not only during the term of this Agreement, but also apply for the period prior to the Agreement for which MUNICIPALITY is eligible to receive reimbursement from the County. ARTICLE 12: INSURANCE Without waiving the right to sovereign immunity as provided by Section 768.28, Florida Statutes, the MUN ICI P ALlTY acknowledges to be either insured or self-insured for General Liability and Automobile Liability under Florida sovereign immunity statutes with coverage limits of $100,000 Per Person and $200,000 Per Occurrence; or such monetary waiver limits that may change and be set forth by the legislature. The MUNICIPALITY agrees to maintain or to be self-insured for Workers' Compensation and Employer's Liability insurance in accordance with Florida Statutes Chapter 440. The MUNICIPALITY agrees to maintain or acknowledges to be self-insured for property insurance, in an amount at least equal to the estimated completed project value as well as subsequent modifications of that sum; thereafter, All-Risk property insurance for adequate limits based on the MUNICIPALITY'S replacement cost or probable maximum loss estimates for the perils of either fire, wind, or flood. MUNICIPALITY shall agree to be fully responsible for any deductible or self-insured retention. The MUNICIPALITY shall agree to provide a statement or Certificate of Insurance evidencing insurance, self-insurance, and/or sovereign immunity status, which COUNTY agrees to recognize as acceptable for the above mentioned coverages. 8 Compliance with the foregoing requirements shall not relieve MUNICIPALITY of its liability and obligations under this Interlocal Agreement. The MUNICIPALITY shall require each Contractor engaged by MUNICIPALITY for work associated with this Agreement to maintain: 1. Workers' Compensation coverage in accordance with Florida Statutes including endorsements for U.S. Longshore and Harbor Workers Compensation Act and the Merchant Marine Act (Jones Act) in the event any portion of the scope of services/work occurs over, near, or contiguous to any navigable bodies of water. 2. Commercial General Liability coverage at limits of not less than $1 ,000,000 Each Occurrence. The COUNTY shall be added an "Additional Insured". 3. Business Auto Insurance with limits of not less than $1,000,000 Each Accident. 4. If the construction work being performed exceeds $200,000, a payment and performance bond for the total amount of their construction contract, in accordance with Florida Statute 255.05. 5. The Contractor agrees to carry builder's risk insurance while the project is in the course of construction in an amount at least equal to the estimated completed project value as well as subsequent modifications of that sum. ARTICLE 13: PUBLIC ENTITY CRIMES As provided in Section 287.132-133, Florida Statutes, by entering into this contract or performing any work in furtherance hereof, MUNICIPALITY certifies that it, its affiliates, suppliers, subcontractors and consultants who will perform hereunder, have not been placed on the convicted vendor list maintained by the State of Florida Department of Management Services within the 36 months immediately preceding the date hereof. This notice is required by Section 287.133 (3)(a), Florida Statutes. ARTICLE 14: CAPTIONS The captions and section designations herein set forth are for convenience only and shall have no substantive meaning. ARTICLE 15: SEVERABILITY If any term or provision of this Interlocal Agreement, or the application thereof to any person or circumstance, shall to any extent be held invalid or unenforceable, the remainder of this Interlocal Agreement, or the application of such term or provision, to any person or circumstance other than those as to which it is held invalid or unenforceable, shall not be affected, and every other term and provision of this Interlocal Agreement shall be deemed valid and enforceable to the extent permitted by law. 9 ARTICLE 16: ENTIRETY OF AGREEMENT This Interlocal Agreement represents the entire understanding between the COUNTY and MUNICIPALITY, and supersedes all other negotiations, representations or agreements, either written or oral, relating to this Interlocal Agreement. None of the provisions, terms and conditions contained in this Interlocal Agreement may be added to, modified, superseded or otherwise altered, except by written instrument executed by the parties hereto. ARTICLE 17: THIRD PARTY BENEFICIARIES This Agreement is made solely and specifically among and for the benefit of the parties hereto, and their respective successors and assigns subject to the express provisions hereof relating to successors and assigns, and no other person shall have any rights, interest, or claims hereunder or be entitled to any benefits under or on account of this Agreement as a third-party beneficiary or otherwise. IN WITNESS WHEREOF, the parties have caused this Interlocal Agreement to be executed on the day and year first above written. :-.."",",,\\\\\ -..".-" 1 Y \\\, ~ ~ C'I\ E CH COUNTY, FLORIDA BY ITS ATTEST" =:?" \) ........... O~lr " .: () ..' '. II DOROTHY jí~I~~.-1 è'~ F COUNTY COMMISSIONERS · I..l..: ~ C ·.cP~ .",,-- ------- 0: ~~ · :(f)~ . . " By: '. .-;< B Deputy Z "k FLOR\ ....~j 'l¡ p..... ":P= III 0 ..... .....C,. .= "1. fl ....-.. .....:::- 'I¡'II\ * +_~ \\\\\\""".....,............... ITY OF BOYNTON BEACH ATTEST: BY~~' CI rk ~{.,~- . '~{'~'" ~ :~~~_:~;>.-: . APPROVED AS TO TERMS AN OVED AS TO FORM AND CONDITIONS: ~ ~:G~~ BY:~~ ~ Dennis L. Eshleman, Director Municipality Attorney Parks and Recreation Department R2004 1761 - APPROVED AS TO FORM AND LEGAL SUFFICIENCY: 10 LIST OF EXHIBITS EXHIBIT A Project Description, Conceptual Site Plan, and Cost Estimate EXHIBIT B Legal Description of Property EXHIBIT C Contract Payment Request Form (Page 1 of 2) and Contractual Services Purchase Schedule Form) (Page 2 of 2) EXHIBIT D Pre-Agreement Cost List 11 EXHIBIT A PROJECT DESCRIPTION, CONCEPTUAL SITE PLAN, AND COST ESTIMATE 12 Wilson Center Replacement Cost Estimate Construction - Existing Recreation Center to be replaced to include the following: Space Approximate S. F. Estimated Cost Lobby 1,200 $224,000 Mechanical Room 425 93,500 Multipurpose Room 3300 717,000 Restrooms 734 180,500 Kitchen 700 175,000 Storage 128 28,000 Game Room 900 180,000 Computer Lab 840 185,000 Classroom 1,330 230,000 Office Space 704 154,000 Total Estimated Construction Costs $2,167,000 E -Jh,p 1+ f\ {j v-r 2.. [-~ ,.'''.~ -------~- If ..." ~ .,,'{."" ~ ,! ;;" r* s.. EJ: '; Q. I"~ " \t :t ::> ,\ - ··0' c " <0 :\ :. \- 1 Œ it Gì r:I ·/2 U 0 ì C) If .... rn .L .:.1 ,1 ~! ;:: = - <'J :\ Q. :> c <1". '- .... I :¡ :E t! =' ca J. '" co ¡i ~ 0 u E - <'J (/) Jœ 0 v !. if E ~ c - - oö ~ - I ;1. .:! 0 or. ~ '- '" - r OJ I u J-c ';JJ r -0 <J '" -0 c: '-' .D - u ~ .c ( ) r:I - r:I c: <:: '" I t u .L: I- Po "'(j 'l.I - U 0- III 0 Q)(I) ...- ..><: E Q) 0: '" (/) ~ (/). v (/) E \- .... rI) .- or. J '" OIJ roI ~ ~ I.:- "'(j "J - C .- '" c: >\ 0 0 - OIQ) U;-....; " -T ,. CQ c; - -T 0 ... 0 ':J t:: ¡:,:: .- <d -..c: c ~ - '" '" - - -- ,- ~ 0:: c; c..... - 0 c: ... 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EXHIBIT B LEGAL DESCRIPTION OF PROPERTY 13 EXHIBIT 'B' WILSON CENTER PARK AND POOL PROPERTIES J LEGAL DESCRIPTION A parcel ofland Lots 489 - 500 inclusive, 503, 504, 506, 507, 518 - 523 inclusive, CHERRY HILLS SUBDIVISION, according to legal description of the Palm Beach County Property Appraiser thereof recorded as 21-45-43, N 160 FT OF SE 1/4 OF SE 1/4 OF NW 1/4 (LESS S 86.52 FT OF E 99.22 FT) , EXHIBIT C CONTRACT PAYMENT REQUEST FORM AND CONTRACTUAL SERVICES PURCHASE SCHEDULE FORM 14 /~. PALM BEACH COUNTY EXHIBIT C :.'/1/ -~~¡ PARKS AND RECREATION DEPARTMENT '. "., \'~~P~'B.~../; Date Grantee: Project Name: Submission #: Reimbursement Period: , Project Costs Cumulative Item ~ This Submission Project Costs Consulting Services (CS) Contractual Services (C) Materials, Supplies, Direct Purchases (M) Equipment, Furniture (E) TOTAL PROJECT COSTS _.......h..n.._.nn......._..............þ..._...._.._......._..............................................__...... Kev LeQend ¡CS = Consulting Services: ¡ ¡ C = Contractual Services ¡ j M = Materials, Supplies, Direct Purchases j ¡ E = Equipment, Furniture ~ ~_..._.........._........__........n._...............n....._................u.........._..._.__......_...........__j Certification: I hereby certify that the above Certification: I hereby certify that the documentation has expenses were incurred for the work identified as been maintained as required to support the project being accomplished in the attached progress expenses reported above and is available for audit upon reports. request. Administrator Date Financial Officer Date PSC USE ONLY County Funding Participation $ Total Project Costs To Date: $ County Obligation To Date $ County Retainage ( _ %) $ County Funds Previously Disbursed $ County Funds Due this Billing $ Reviewed and Approved By: PBC Project Administrator Date Department Director Date H:\BOND-RAP FORMS\3Pg-Exhibit C-Bond Page 1 of .... CD L: o Õ ~ uu m CCD _ ro~ ~ -0 X ~~ W C ~~ 2 !~ ~ oø ~ uO u Q) 0 (I) = Q) ~ Q)L: C 0- c~ ~ ro 0 (I) o~ C ~~ ~ 0 :::J tU ~ )( .Þo W c~ 0u cþ o Q) _ u.: ~ CD :::J -0- :::J Q) o .... Q) ~ ~ ro -u ~~..... o .- ~ ..tUQ) .!!!'E:::J ~ ~ ~.~ ~ ~ 5 -cc ~c e ~Q)~ z w .. D CD :::J ~ U « _D Wo .Q tUCD~ j!(/) CD £¡;-g a::w ~ ~L:ro «(/) ~ .- .... ~ ~Q.« ..:5 ~Õ.E B ~ ZW~ ~ E S fh ~1ii.!! I: ~oo ro CD CIS ..J i)'ED - OZIJ:: ~ z ~ C « Q)CD~ .~ oo~ ~ õ.6 ~ ro CDE~:¡¡ - :r: ¡::: Q) E _ L: :::J ro .S Oc«(/) 'ë' ëõ g r -g~ IL. N c(wow ~ IX: c J ëUro wa::_ _ ... OCD alO> ~ ..cu Q) W_.a ro·_c CD .... ... E o~ro ro ,..;a::w o¡::tUQ) ~ ..J U) ~ _L:> «C..J z i~o Q.Z~ Ü:::JD c(.... ~ro (/)~ :.:;:r a::: 0 <C ~ ... S Q. ~ ~ CIS Z ~ 0 o g o 0 ¡-········-..·..·.....:;:····..·...I ~ ~ ¡ ~ ¡ 0 ~ I -5 I~:¡ ~ , ::;' ~ .a 0 £L ~e D II> ! õ 0 ~ ~ tií ¡UHf ~ II I I I I I I II I I I I I I j Q ; Eõ.!i¡¡¡ e ¡ ii!!,.!!E; :it: :::J U ~ §§~.~, _ ~:5 ¡ üüalai Qj.i! Q) ~ ¡ IIII::iEW' Q) ~ £ () ¡ /I) IIII! 'E E ~¡j:ã ¡ OO~W¡ ro D tUQ):ë ;.. .........._..................., è!> ~ ~ ~ .[ i .... :e ~ j!¡ u Q)'- ~ (/) I! o£ g :< ë i)~ ~ ê o Q) .- .- o ....L: £ ~ ã:: Q).~ E a:: _ 0 L:'Q. U . ';.u@,-v_..;.;!-E« O~ i"... , _.... _ .. 0 .;r.. . ~,~ Com ,;¡"':! > .Q 0 f '.:~'. : "J: iû ro '.'J-'- ... ~ 0 C "I<d ./ ~ o¡:: .- CIS :e~ Q. Q)~ ü:::J EXHIBIT D PRE-AGREEMENT COST LIST (NOT APPLICABLE) 15 t E~hìb·l+ A' May 27, 2004 Department of Mr. Kurt Bressner, City Manager Parks and Recreation 2700 6th Avenue South City of Boynton Beach Lake Worth. FL 33461 100 East Boynton Beach Bouleva.-d Boynton Beach, FL 33435 (561) 966-6600 FAX: (561) 642-2640 RE: 2002 Recreation and Cultural Facilities Bond Funding Agreement for www.pbcgov.com Wilson Park Recreation Center Dear Mr. Bressner: . Attached are two original!;; of an Interlocal Agreement for funding in an Palm Beach County amount up to $1,000,000 to assist '.'-lith costs for construction of the Wilson Park Recreation Center. The eXÌ1íbits provided by Parks Director John Board of County Commissioners Wildner are attached to each Agreernent. This funding is being provided from the 2002 Recreatìon and Culturai Facilities Bond Issue. Karen T. Marcus. Chair Tony Masilotti. Vice Chairman The Agre9ment allows for the reíi11bursement of eligible project elements Jeff Koons indicated in Exhibit "A" in:urred 5ubsequent to November 5,2002. Warren H. Newell Please have !he Agreement eXOCU:"8d as soon as possible and return both Mary McCarty origina!s, accompanied by the rÐq~.!¡red jnsurance certificates, to this office. Burt Aaronson We will then place the Agl'sement ,)[1 the Agenda fOí approval by the Board of County Commissioners. Addie L. Greene Please contact Susan Yinger, Adr"¡¡n;strative Support Manager, at 966-6653 if you have any questions on the Agreement. On behalf of Commissioner Addie Greene and the Board of County Commissioners, we look forward to County Administrator assisting the City of Bovnton Beach with the construction of the Wilson Recreation Center. Robert Weisman Z'~~ Dennis L. Eshleman, Director . . Parks and Re::;ìeat!on Op.ra;imen~ DlE:SWY Attachment - Two origiòïâ!S of Bond Agreement for Execution and Returr, "An Equal Opportunity Copy to: Comm'3sk¡r.er Acdì9 L. Greene, District 7 Affirmative Action Employer" John W¡idne,' Dirðct:1> ':[ Parks, BOi:--,ton Beach © printed on recycled paper