R04-119
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1 RESOLUTION NO. 04-l\'J
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3 A RESOLUTION OF THE CITY OF BOYNTON BEACH,
4 FLORIDA, AUTHORIZING AND APPROVING AN
5 AGREEMENT BETWEEN THE CITY OF BOYNTON
6 BEACH AND FLORIDA DEPARTMENT OF
7 ENVIRONMETAL PROTECTION AND SOUTH FLORIDA
8 WATER MANAGEMENT DISTRICT (SFWMD) FOR THE
9 DESIGNATION OF PALMETTO GREEN LINEAR PARK
10 AS PART OF THE FLORIDA GREENWAYS AND TRAILS
11 SYSTEM; AND PROVIDING AN EFFECTNE DATE.
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13 WHEREAS, the Recreation and Parks Department applied for greenway status for
14 he Palmetto Green Linear Park in 2003, and;
15 WHEREAS, the greenway designation will preserve MPO funding for the Palmetto
16 reen expansion project, and;
17 WHEREAS, this designation will be in effect for twenty years from the date of
18 ignature by both the City and South Florida Water Management District.
19 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
20 HE CITY OF BOYNTON BEACH, FLORIDA, THAT:
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Section 1.
The foregoing "Whereas" clauses are hereby ratified and confirmed as
22 eing true and correct and are hereby made a specific part of this Resolution upon adoption
23 ereof.
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Section 2.
The City Commission of the City of Boynton Beach, Florida does
25 ereby authorize and approve the Agreement between the City of Boynton Beach, Florida
26 epartment of Environmental Protection and South Florida Water Management District., said
27 greement is attached hereto as Exhibit "A".
Section 3.
The City Manager and City Clerk are authorized and directed to
29 xecute said Agreement.
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Section 4.
This Resolution shall become effective immediately upon passage.
PASSED AND ADOPTED this ~o day of July, 2004.
CITY OF BOYNTON BEACH, FLORIDA
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Corporate Seal)
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VI.-CONSENT AGENDA
ITEM C.g
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORl
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Requested City Commission Date Final Fonn Must be Twned Requested City Commission
Meetin2 Dates in to City Clerk's Office Meetin2 Dates
0 April 6, 2004 March 15,2004 (Noon.) 0 June 1,2004
0 April 20, 2004 AprilS, 2004 (Noon) 0 June 15,2004
0 May 4, 2004 April 19,2004 (Noon) 0 July 6, 2004
0 May 18, 2004 May 3, 2004 (Noon) ~ July 20, 2004
Date Final Form Must be Twned
in to CitY Clerk's Office
May 17,2004 (Noon)
May 31,2004 (Noon)
June 14,2004 (Noon)
July 5, 2004 (Noon)
q,
....
0 Administrative 0 Legal '--
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NATURE OF 0 Announcement 0 New Business r-
AGENDA ITEM 0 0 ,
City Manager's Report Presentation CJ"
181 Consent Agenda 0 Public Hearing ~
0 0 ...;;..
Code compliancelLegal Settlements Unfinished Business -
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RECOMMENDATION: Approve signature ofan agreement with the Florida Department of Environmental
Protection. Office of Greenways and Trails, along with South Florida Water Management District, to formally
designate Palmetto Green Linear Park as part of the Florida Greenways and Trails System.
EXPLANATION: In 2003. the Recreation and Parks Department applied for greenway status for the Palmetto Green
Linear Park and this is the last stage in getting the designation. Getting greenway designation helps the City receive
MPO funding for the extension of Palmetto Green Linear Park.
PROGRAM IMPACT: This designation shaD be in effect for twenty years from date of signature by both SFWMD
and the City. By signing this agreement, the City of Boynton Beach agrees to maintain the greenway and notify the
DEP of any changes in the ownership, management, size or elements of the park. Also the City agrees to erect signs
provided by DEP indicating that the property is part ofthe Florida Greenways and Trails system and submit when
due bianDual Resource Certifications, which will state that natural. recreational, cultural or historical resources
identified on the designated lands are being maintain in accordance with the agreement.
FISCAL IMPACT: Signing the agreement will preserve MPO funding for the Palmetto Green expansion project.
AL TERNA TIVES: Not signing the agreement will possibly cause the City to lose MPO funding for the construction of
the extension to Palmetto Green Linear Park.
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/ Department Head's Sign
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Department Name
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City Attorney I Finance I Human Resources
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
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G~EN1XYS&$f~ij~
3900 Commonwealth Blvd., MS#795, Tallahassee, FL 32399-3000 (850) 245-2052/ (850) 245-2083 Fax
May l7, 2004
Barbara Meecham
Grants Specialist
lOO E. Boynton Beach Blvd., PO Box 320
Boynton Beach, Florida 33425-0310
RE: Palmetto Green Linear Park Designation
Dear Ms. Meecham:
Enclosed are 3 originals ofthe Palmetto Green Linear Park Designation (OGT-DA0007). Please
obtain the appropriate signatures on each agreement, and mail all 3 originals back to me. Once
fully executed, I will send you back two originals, one for the City of Boynton Beach, and one
for the South Florida Water Management District.
If you have any questions, please feel free to contact me at (850) 245-2052.
Sincerely,
~~
Heather Pence
Office of Greenways and Trails
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'Obr-n "'000'1
. Designation Number
ROa..l-IIQ
FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION
FLORIDA GREENW A YS AND TRAILS PROGRAM
This Designation Agreement, entered into on this <3 n-(h. day of Di eirnlt( , 2004, by and
between the Florida Department of Environmental Protection, (hereinafter referred to as "Department"), and South
Florida Water Management District (hereinafter referred to as "Landowner"), and the City of Boynton Beach,
Florida (hereinafter referred to as "Manager"), by and through the undersigned, formally designates the public lands
in Exhibit A (herein after referred to as "designated lands"), as part of the Florida Greenways and Trails System.
Exhibit A is incorporated by reference herein.
WITNESSETH:
WHEREAS, the Department is given authority in Section 260.016, Florida Statutes, to develop and
implement a voluntary process for designation oflands or waterways as a part of the statewide system of greenways
and trails.
NOW THEREFORE, in consideration of the mutual benefits to be derived here from, the Department,
Landowner and Manager do hereby agree to the following.
1. The Manager:
a. shall be responsible for the management, operation and maintenance of the designated lands, in
accordance with the Trail Use Plan (Exhibit B), Exhibit B is incorporated by reference herein.
b. shall be responsible for notifying the Department of any change in the following: property ownership
(if known) or management; the condition or extent of natural, recreational, cultural or historic resources
described in the Designation application or its attachments; or the expansion or improvement of the
project or its amenities and facilities;
c. shall submit a biannual Resource Certification (Exhibit C), which states that the natural, recreational,
cultural or historical resources identified on the designated lands are being maintained, Exhibit C is
incorporated by reference herein;
d. shall erect Designa1.ion signs, provided by the Department; Indicating lhe designated lands are
. 2. The Department:
a. shall provide signs indicating the property is designated as part of the Florida Greenways and Trails
System;
b. shall provide technical and financial assistance, if available, or identify other sources of funding
available for management and restoration needs;
c. shall send advance notice of when the biannual Resource Certifications are due;
d. agrees that this Designation Agreement shall have no effect upon the disposition of improvements
made to the public lands by the owner, the Department, or others, whether existing at the time of
designation or to be constructed or erected later, unless otherwise agreed herein.
3. The Landowner, Manager, and Department agree to the following:
a. All parties agree that sufficient information exists and/or field verification has occurred to assure that
the characteristics of the public lands meet the criteria contained in s. 62S-I.400(1), F.A.C.
b. that the Designation Agreement will be subordinate to the interests stated in any existing leases,
subleases, management plans, licenses, easements or other agreements or encumbrances previously
executed and currently in effect for any portion of the public lands proposed for designation.
4. Term, Modification and Termination of this Designatior. Agreement:
a. The term of the designation shall be 20 years.
b. The Designation Agreement can be modified to encompass additional adjacent public lands owned by
the Landowner. Any modifications to the Designation Agreement shall be made by an amendment,
signed by all parties, and attached to this Designation Agreement.
c. The Department may withdraw from this Designation Agreement at anytime or remove the said
designated lands from the Florida Greenways and Trails System by action of the Secretary if:
(1) the component fails to accomplish or becomes unsuitable for the purposes for which it was
designated;
(2) there is no longer an ability to manage the designated lands as intended in this Designation
Agreement and no replacement manager can be identified.
d. In the event that the ownership of the designated lands changes, this Designation Agreement will be
null and void.
5. This Designation Agreement represents the entire agreement of the parties. Any alterations, variations, changes,
or modifications of this agreement shall only be valid when they have been reduced to writing, duly signed by each
party hereto and attached to the original of this agreement.
6. This Designation Agreement is executed by a duly authorized representative of each party and is effective as of
the last date it is signed.
STATE OF FLORIDA DEPARTMENT
ENVIRONMENTAL PROTECTION
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Title: D.t pLlhj ~Ctt fa/It) l6nd5and KecrraJlOr1
"DEPARTMENT"
SOUTH FLORIDA WATER MANAGEMENT DISTRICT
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"LANDOWNER"
CITY OF BOYNTON BEACH, FLORIDA
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KURT BRtSS~ER
CITY MANAGER
BOYNTON BEACH. F'L
Title:
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Exhibit A
Designation Number
Miles Designated: .38
Palmetto Green Linear Park
Boynton Beach, Florida
Palm Beach County
Exhibit B
Palmetto Green Linear Park Use Plan
Boynton Beach, Florida
Palmetto Green is a marked 1/3-mile greenway on the southern boundary of the publicly
owned South Florida Water Management District (SFWMD) C-16 Canal. The City
provided Palmetto Green for route for pedestrians and bicycles. The intensity of use for the
path is light. There is also a pier midway down the path, that allows for observation and
fishing. The City provides a chain link fence with a gate at each property, to separate the
trail from all adjacent properties and minimize potential conflicts with adjacent property
owners
The Boynton Beach Police Department responds to emergencies in the City's parks and
handles a wide variety of vehicular, and pedestrian. For incidents along the greenway trail,
other agencies that might respond to emergencies are fire rescue, SFWMD and the State's
Fish and Wildlife Department. The greenway has been existence for approximately twenty
years, and in that time has had no problems or complaints from adjacent property owners
regarding crime.
There are gates at both ends of the trail, which are wide enough to allow trucks to enter.
The City normally closes the gates when it is dark, and reopens them in the morning. The
City's Recreation and Parks Department handles all park signage for the City, including
those in the green ways.
Exhibit C
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PUBLIC LANDS OR WATERWAYS DESIGNATION
RESOURCE CERTIFICATION
By signing this document, the Manager does hereby certify that the natural, recreational,
cultural or historic resources identified on the public lands or waterways designated as
part of the Florida Greenways and Trails System in Designation Agreement Number
, are being maintained in a manner consistent with the terms of the
agreement.
Manager
Date