R05-106
II
1 RESOLUTION NO. R05 - I Db
2 .
3 A RESOLUTION OF THE CITY OF BOYNTON BEACH,
4 FLORIDA, APPROVING AND AUTHORIZING THE
5 PROPER CITY OFFICIALS TO EXECUTE THE
6 DECLARATION OF RESTRICTIVE COVENANTS AND
7 GRANT AWARD CALCULATION STATEMENT
8 BETWEEN THE CITY OF BOYNTON BEACH AND THE
9 FLORIDA COMMUNITIES TRUST TO PROVIDE
10 PARTIAL REIMBURSEMENT FOR THE ACQUISITION
11 OF THE JAYCEE PARK PROPERTY FROM FLORIDA
12 INLAND NAVIGATION DISTRICT; AND PROVIDING AN
13 EFFECTIVE DATE.
14
15 WHEREAS, the City of Boynton Beach recently purchased the Jaycee Park property
16 from the Florida Inland Navigation District using grant funds from Florida Communities
17 Trust; and
18 WHEREAS, to receive the funding, the City must enter into an agreement that sets
19 forth conditions that must be satisfied and accept restrictions that are required to receive
20 Florida Forever Funds; and
21 WHEREAS, by entering into this Agreement, Florida Communities Trust will
22 reimburse the City fifty (50%) percent of the allowable final project cost of $3,423,135.00
23 (including purchase price and closing costs). Total reimbursement will be $1,709,567.50.
24 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
25 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
26
27 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as
28 being true and correct and are hereby made a specific part ofthis Resolution upon adoption.
29 Section 2. The City Commission ofthe City of Boynton Beach hereby authorizes
30 the Mayor and City Clerk to execute the Declaration of Restrictive Covenants and Grant
31 Award Calculation Statement between the City of Boynton Beach and the Florida
S:\CA\RESO\Agreements\Grants\Jaycee Project - fct GRANT.doc
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1 Communities Trust for the partial reimbursement for the acquisition of the Jaycee Park
.
2 property from the Florida Inland Navigation District.
3 Section 3. This Resolution shall become effective immediately upon passage.
PASSED AND ADOPTED this ~ day of June, 2005.
CITY OF BOYNTON BEACH, FLORIDA
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Palm Beach County, Florida
Sharon R. BocktCLERK & COMPTROLLER
Pgs 1892 - 1905; ( 14P9s)
Re..Tu.r() k>: Office of the City Clerk
City of Boynton Beach
P. O. Box 310 33425
. This document prepared bY:~oynton Beach, Florida
Leslie O. Anderson-Adams or
Florida Communities Trust
Department of Community Affairs
2555 Shumard Oak Blvd. R05-lob
Tallahassee, FL 32399
FLORIDA COMMUNITIES TRUST
FF4 AWARD #04-023-FF4
FCT Contract #
JA YCEE PARK ACQUISITION
DE CLARA TION OF RESTRICTIVE COVENANTS
THIS AGREEMENT is entered into by and between the FLORIDA COMMUNITIES TRUST
("FCT"), a nonregulatory agency within the State of Florida Department of Community Affairs,
and the CITY OF BOYNTON BEACH, a Florida Municipal Corporation and local government
of the State of Florida ("Recipient").
THIS AGREEMENT IS ENTERED INTO BASED ON THE FOLLOWING FACTS:
WHEREAS, the intent of this Agreement is to impose terms and conditions on the use of
the proceeds of certain bonds, hereinafter described, and the lands acquired with such proceeds,
as described in Exhibit "A" attached hereto and made a part hereof ("Project Site"), that are
necessary to ensure compliance with applicable Florida law and federal income tax law and to
otherwise implement the provisions of Sections 259.105,259.1051 and Chapter 380, Part III,
Florida Statutes;
WHEREAS, Chapter 380, Part III, Fla. Stat., the Florida Communities Trust Act, creates
a non-regulatory agency within the Department of Community Affairs ("Department") that will
assist local governments in bringing into compliance and implementing the conservation,
recreation and open space, and coastal elements oftheir comprehensive plans or in conserving
natural resources and resolving land use conflicts by providing financial assistance to local
governments and nonprofit environmental organizations to carry out projects and activities
authorized by the Florida Communities Trust Act;
WHEREAS, FCT is funded through either Section 259.105(3)(c), Fla. Stat. of the Florida
Forever Act, which provides for the distribution of twenty-two percent (22%), less certain
reductions, of the net Florida Forever Revenue Bond proceeds to the Department, or any other
revenue source designated by the Florida Legislature, to provide land acquisition grants to local
governments and nonprofit environmental organizations for the acquisition of community-based
projects, urban open spaces, parks and greenways to implement local comprehensive plans;
1
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WHEREAS, the Florida Forever Revenue Bonds are issued as tax-exempt bonds,
meaning the interest on the Bonds is excluded from the gross income of bondholders for federal
income tax purposes;
WHEREAS, Rule 9K-7.009(1), Florida Administrative Code ("F.A.C."), authorizes FCT
to impose conditions for funding on those FCT applicants whose projects have been selected for
funding;
WHEREAS, FCT has approved the terms under which the Project Site was acquired and
the deed whereby the Recipient acquired title to the Project Site; and
WHEREAS, the purpose of this Agreement is to set forth the covenants and restrictions
that are imposed on the Project Site subsequent to disbursing FCT Florida Forever funds to the
Recipient for Project Costs.
NOW THEREFORE, in consideration of the mutual covenants and undertakings set forth
herein, and other good and valuable consideration, the receipt and sufficiency of which is hereby
acknowledged, FCT and the Recipient do hereby contract and agree as follows:
I. PERIOD OF AGREEMENT
l. This Agreement shall begin upon execution by both parties. The covenants and
restrictions contained herein shall run with the Project Site and shall bind, and the benefit shall
inure to, FCT and the Recipient and their respective successors and assigns.
II. MODIFICATION OF AGREEMENT
l. Either party may request modification of the provisions of this Agreement at any
time. Changes which are mutually agreed upon shall be valid only when reduced to writing and
duly signed by each of the parties hereto. Such amendments shall be incorporated into this
Agreement.
III. RECORDING AND APPROVAL OF DECLARATION OF RESTRICTIVE
COVENANTS
l. Upon execution by the parties hereto, the Recipient shall cause this Agreement to
be recorded and filed in the official public records of Palm Beach County, Florida, and in such
manner and in such other places as FCT may reasonably request. The Recipient shall pay all fees
and charges incurred in connection therewith.
2. The Recipient and FCT agree that the State of Florida Department of
Environmental Protection shall forward this Agreement to the Department of Environmental
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April 26, 2005
Protection Bond Counsel for review. In the event Bond Counsel opines that an amendment is
required to this Agreement so that the tax-exempt status of the Florida Forever Bonds is not
jeopardized, FCT and the Recipient shall amend the Agreement accordingly.
IV. NOTICE AND CONTACT
1. All notices provided under or pursuant to this Agreement shall be in writing and
delivered either by hand delivery or first class, certified mail, return receipt requested, to the
addresses specified below. Any such notice shall be deemed received on the date of delivery if
by personal delivery or upon actual receipt if sent by registered mail.
FCT: Florida Communities Trust
Department of Community Affairs
2555 Shumard Oak Blvd.
Tallahassee, FL 32399-2100
A TTN: Program Manager
Recipient:
ATTN:
2. In the event that a different representative or address is designated for paragraph
1. above after execution of this Agreement, notice of the change shall be rendered to FCT as
provided in paragraph 1. above.
V. PROJECT SITE TITLE REQUIREMENTS IMPOSED BY CHAPTER 259,
CHAPTER 375 AND CHAPTER 380, PART III, FLA. STAT.
1. Any transfer of the Project Site shall be subject to the approval ofFCT and FCT
shall enter into a new agreement with the transferee containing such covenants, clauses or other
restrictions as are sufficient to protect the interest of the State of Florida.
2. The interest acquired by the Recipient in the Project Site shall not serve as
security for any debt of the Recipient.
3. If the existence of the Recipient terminates for any reason, title to the Project Site
shall be conveyed to the Trustees unless FCT negotiates an agreement with another local
government, nonprofit environmental organization, the Florida Division of Forestry, the Florida
Fish and Wildlife Conservation Commission, the Department of Environmental Protection or a
Water Management District who agrees to accept title and manage the Project Site.
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April 26, 2005
4. In the event that the Project Site is damaged or destroyed or title to the Project
Site, or any part thereof, is taken by any governmental body through the exercise or the threat of
the exercise of the power of eminent domain, the Recipient shall deposit with FCT any insurance
proceeds or any condemnation award and shall promptly commence to rebuild, replace, repair or
restore the Project Site in such manner as is consistent with the Agreement. FCT shall make any
such insurance proceeds or condemnation award moneys available to provide funds for such
restoration work. In the event that the Recipient fails to commence or to complete the rebuilding,
repair, replacement or restoration ofthe Project Site after notice from FCT, FCT shall have the
right, in addition to any other remedies at law or in equity, to repair, restore, rebuild or replace
the Project Site so as to prevent the occurrence of a default hereunder.
Notwithstanding any of the foregoing, FCT shall have the right to seek specific performance of
any of the covenants and restrictions of this Agreement concerning the construction and
operation of the Project Site.
VI. MANAGEMENT OF PROJECT SITE
1. The Project Site shall be managed only for the conservation, protection and
enhancement of natural and historical resources and for compatible passive, natural resource-
based public outdoor recreation, along with other related uses necessary for the accomplishment
of this purpose. The proposed uses for the Project Site are specifically designated in the
Management Plan approved by FCT.
2. The Recipient shall ensure that the future land use designation assigned to the
Project Site is for a category dedicated to open space, conservation or outdoor recreation uses, as
appropriate. If an amendment to the applicable comprehensive plan is required, the amendment
shall be proposed at the next comprehensive plan amendment cycle available to the Recipient.
3. The Recipient shall ensure, and provide evidence thereof to FCT, that all activities
under this Agreement comply with all applicable local, state, regional and federal laws and
regulations, including zoning ordinances and the adopted and approved comprehensive plan for
the jurisdiction, as applicable. Evidence shall be provided to FCT that all required licenses and
permits have been obtained prior to the commencement of any construction.
4. The Recipient shall, through its agents and employees, prevent the unauthorized
use of the Project Site or any use thereof not in conformity with the Management Plan approved
by FCT.
5. FCT staff or its duly authorized representatives shall have the right at any time to
inspect the Project Site and the operations ofthe Recipient at the Project Site.
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April 26, 2005
6. All buildings, structures, improvements and signs shall require the prior written
approval ofFCT as to purpose. Further, tree removal, other than non-native species, and major
land alterations shall require the written approval of FCT. The approvals required from FCT
shall not be unreasonably withheld by FCT upon sufficient demonstration that the proposed
structures, buildings, improvements, signs, vegetation removal or land alterations will not
adversely impact the natural resources of the Project Site. FCT's approval of the Recipient's
Management Plan addressing the items mentioned herein shall be considered written approval
from FCT.
7. If archaeological and historic sites are located on the Project Site, the Recipient
shall comply with Chapter 267, Fla. Stat. The collection of artifacts from the Project Site or the
disturbance of archaeological and historic sites on the Project Site shall be prohibited unless prior
written authorization has been obtained from the Department of State, Division of Historical
Resources.
8. The Recipient shall ensure that the Project Site is identified as being publicly
owned and operated as a passive, natural resource-based public outdoor recreational site in all
signs, literature and advertising regarding the Project Site. The Project Site shall permanently
contain one sign, provided by FCT, recognizing FCT's role in the acquisition of the Project Site.
The sign shall be displayed at the Project Site within ninety (90) days of the final disbursement
of the FCT award. A photograph ofthe sign installed at the Project Site shall be provided to FCT
within the same ninety (90) day timeframe.
9. As required by Rule 9K-7.013, F.A.C., each year after FCT reimbursement of
Project Costs the Recipient shall prepare and submit to FCT an annual stewardship report that
documents the progress made on implementing the Management Plan.
VII. SPECIAL MANAGEMENT CONDITIONS
In addition to the Management Plan conditions already described in this Agreement, which apply to
all sites acquired with FCT funds, the Management Plan shall address the following conditions that
are particular to the Project Site and result from either commitments made in the application that
received scoring points or observations made by FCT staff during the site visit described in Rille 9K-
7.009(1), F.A.C.:
1. Two or more resource-based outdoor recreational facilities including a picnic pavilion
and fishing pier and two or more user-oriented outdoor recreational facilities including a playground
and bocce ball courts shall be provided. The facilities shall be located and designed to have minimal
impacts on natural resources on the project site.
2. A permanent recognition sign, a minimum size of 4' x 6', shall be maintained in the
entrance area ofthe project site. The sign shall acknowledge that the project site was purchased with
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April 26, 2005
funds from the Florida Communities Trust Florida Forever Program and the City of Boynton Beach.
3. At least 24 regularly scheduled and ongoing educational classes or programs that
promote the protection of natural resources shall be provided at the project site.
4. Interpretive signage shall be provided to educate visitors about the natural resources
and unique history of the Project Site.
5. A survey of the natural communities and plant species on the project site shall be
conducted prior to the development of the project site. The survey shall be used during development
of the site to ensure the protection, restoration, and preservation of the natural communities on the
project site
6. The wetland communities that occur on the project site shall be preserved, enhanced,
and appropriately managed to ensure the long-term viability of these communities.
7. The project site shall be managed in a manner that protects and enhances habitat for
listed wildlife species that utilize or could potentially utilize the project site, including listed wading
birds. The development of the management plan shall be coordinated with the Fish and Wildlife
Conservation Commission's Office of Environmental Services to ensure the preservation and
viability oflisted and non-listed native wildlife species and their habitat. Periodic surveys shall be
conducted of listed species using the project site.
8. Any proposed stormwater facility for the project site shall be designed to provide
recreation open space or wildlife habitat.
9. A comprehensive landscaping plan will be developed for the project site. The
landscaping plan will make significant use of native plants.
10. Approximately 1 acre of disturbed wetlands shall be restored to a natural condition in
terms of biological composition and ecological function. The invasive exotic vegetation will be
removed and the area replanted with native mangrove vegetation.
11. An ongoing monitoring and control program for invasive vegetation including exotic
(non-native) and nuisance native plant species shall be implemented at the project site. The
objective of the control program shall be the elimination of invasive exotic plant species and the
maintenance of a diverse association of native vegetation. The management plan shall reference the
Exotic Pest Plant Council's List of Florida's Most Invasive Species to assist in identifying invasive
exotics on the project site.
12. A feral animal removal program shall be developed and implemented for dogs, cats,
Muskovy ducks, and other non-native wildlife that may be found on the project site.
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April 26, 2005
13. Prior to the commencement of any proposed development activities, measures will be
taken to determine the presence of any archaeological sites. All planned activities involving known
archaeological sites or potential site areas shall be closely coordinated with the Department of State,
Division of Historic Resources in order to prevent the disturbance of significant sites.
14. Major site improvements, including the boat docks and fishing pier shall be located in
such a manner that these facilities will have minimal impact on the natural resources on the project
site.
15. Boating facilities at the project site shall be limited to day use boat slips. The
management plan shall include provisions to protect sea grass, manatees, and wading bird habitat
within the riparian area.
16. Pedestrian and bicycle access to the project site shall be promoted through the
provision of pedestrian oriented walkways and bicycle facilities that link the project site with
adjacent residential neighborhoods.
17. The project site shall be managed as part of the City's Greenways/Bikeways Plan by
providing a destination point and trailhead facilities.
18. Proposed site improvements shall be designed and located to minimize or eliminate
the long-term risk of storm damage or flooding in conjunction with appropriate hazard mitigation
agencies or experts.
19. The requirements imposed by other grant program funds that may be sought for
activities associated with the project site shall not conflict with the terms and conditions of this
award.
VIII. OBLIGATIONS OF THE RECIPIENT RELATING TO THE USE OF BOND
PROCEEDS
1. FCT is authorized by Section 380.510, Fla. Stat. to impose conditions for funding
on the Recipient in order to ensure that the project complies with the requirements for the use of
Florida Forever Bond proceeds including, without limitation, the provisions of the Internal
Revenue Code and the regulations promulgated there under as the same pertain to tax exempt
bonds.
2. The Recipient agrees and acknowledges that the below listed transactions, events,
and circumstances, collectively referred to as the "disallowable activities," may be disallowed on
the Project Site as they may have negative legal and tax consequences under Florida law and
federal income tax law. The Recipient further agrees and acknowledges that these disallowable
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April 26, 2005
activities may be allowed up to a certain extent based on guidelines or tests outlined in the
Federal Private Activity regulations of the Internal Revenue Service:
a. any sale or lease of any interest in the Project Site to a non-governmental
person or organization;
b. the operation of any concession on the Project Site by a non-governmental
person or organization;
c. any sales contract or option to buy or sell things attached to the Project
Site to be severed from the Project Site with a non-governmental person or
organization;
d. any use of the Project Site by a non-governmental person other than in
such person's capacity as a member of the general public;
e. any change in the character or use of the Project Site from that use expected
at the date of the issuance of any series of Bonds from which the
disbursement is to be made;
f. a management contract for the Project Site with a non-governmental
person or organization; or
g. such other activity or interest as may be specified from time to time in
writing by FCT to the Recipient.
3. If the Project Site, after its acquisition by the Recipient and/or the Trustees, is to
remain subject to any of the disallowable activities, the Recipient shall provide notice to FCT, as
provided for in paragraph 111.1. above, at least sixty (60) calendar days in advance of any such
transactions, events or circumstances, and shall provide FCT such information as FCT
reasonably requests in order to evaluate for approval the legal and tax consequences of such
disallowable activities.
4. In the event that FCT determines at any time that the Recipient is engaging, or
allowing others to engage, in disallowable activities on the Project Site, the Recipient shall
immediately cease or cause the cessation of the disallowable activities upon receipt of written
notice from FCT. In addition to all other rights and remedies at law or in equity, FCT shall have
the right to seek temporary and permanent injunctions against the Recipient for any disallowable
activities on the Project Site.
DELEGATIONS AND CONTRACTUAL ARRANGEMENTS BETWEEN THE RECIPIENT
AND OTHER GOVERNMENTAL BODIES, NONPROFIT ENTITIES OR NON
GOVERNMENTAL PERSONS FOR USE OR MANAGEMENT OF THE PROJECT SITE
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WILL IN NO WAY RELIEVE THE RECIPIENT OF THE RESPONSIBILITY TO ENSURE
THAT THE CONDITIONS IMPOSED HEREIN ON THE PROJECT SITE AS A RESULT OF
UTILIZING BOND PROCEEDS TO ACQUIRE THE PROJECT SITE ARE FULLY
COMPLIED WITH BY THE CONTRACTING PARTY.
IX. RECORDKEEPING; AUDIT REQUIREMENTS
1. The Recipient shall maintain financial procedures and support documents, in
accordance with generally accepted accounting principles, to account for the receipt and
expenditure of funds under this Agreement. These records shall be available at all reasonable
times for inspection, review or audit by state personnel, FCT and other personnel duly authorized
by FCT. "Reasonable" shall be construed according to the circumstances, but ordinarily shall
mean the normal business hours of 8:00 a.m. to 5:00 p.m., local time, Monday through Friday.
2. If the Recipient expends a total amount of State financial assistance equal to or in
excess of $500,000 in any fiscal year of such Recipient, the Recipient must have a State single or
project-specific audit for such fiscal year in accordance with Section 215.97, Fla. Stat., the
applicable rules of the Executive Office of the Governor and the Comptroller and Chapter 10.550
(local government entities) or Chapter 10.650 (nonprofit organizations), Rules of the Auditor
General. In determining the State financial assistance expended in its fiscal year, the Recipient
shall consider all sources of State financial assistance, including State funds received from FCT,
other state agencies and other non-state entities. State financial assistance does not include
Federal direct or pass-through awards and resources received by a non-state entity for Federal
program matching requirements. The funding for this Agreement was received by FCT as a grant
appropriation.
In connection with the audit requirements addressed herein, the Recipient shall ensure that the
audit complies with the requirements of Section 215.97(7), Fla. Stat. This includes submission
of a reporting package as defined by Section 215.97(2)(d), Fla. Stat. and Chapter 10.550 (local
government entities) or 10.650 (nonprofit organizations), Rules of the Auditor General.
3. If the Recipient expends less than $500,000 in State financial assistance in its
fiscal year, an audit conducted in accordance with the provisions of Section 215.97, Fla. Stat. is
not required. If the Recipient elects to have an audit conducted in accordance with the provisions
of Section 215.97, Fla. Stat., the cost of the audit must be paid from non-State funds (i.e., the
cost of such an audit must be paid from Recipient funds not obtained from a State entity).
4. The annual financial audit report shall include all management letters, the
Recipient's response to all findings, including corrective actions to be taken, and a schedule of
financial assistance specifically identifying all Agreement and other revenue by sponsoring
agency and agreement number. Copies of financial reporting packages required under this
Article shall be submitted by or on behalf of the Recipient directly to each of the following:
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April 26, 2005
Department of Community Affairs (at each of the following addresses):
Office of Audit Services
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
and
Florida Communities Trust
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
State of Florida Auditor General at the following address:
Auditor General's Office
Room 401, Claude Pepper Building
111 West Madison Street
Tallahassee, Florida 32302-1450
5. If the audit shows that any portion of the funds disbursed hereunder were not
spent in accordance with the conditions of this Agreement, the Recipient shall be held liable for
reimbursement to FCT of all funds not spent in accordance with the applicable regulations and
Agreement provisions within thirty (30) days after FCT has notified the Recipient of such non-
compliance.
6. The Recipient shall retain all financial records, supporting documents, statistical
records and any other documents pertinent to this Agreement for a period of five years after the
date of submission of the final expenditures report. However, if litigation or an audit has been
initiated prior to the expiration of the five-year period, the records shall be retained until the
litigation or audit findings have been resolved.
7. The Recipient shall have all audits completed in accordance with Section 215.97,
Fla. Stat. performed by an independent certified public accountant ("IP A") who shall either be a
certified public accountant or a public accountant licensed under Chapter 473, Fla. Stat. The IPA
shall state that the audit complied with the applicable provisions noted above.
X. DEFAULT; REMEDIES; TERMINATION
1. If any essential term or condition of the Declaration of Restrictive Covenants is
violated by the Recipient or by some third party with the knowledge of the Recipient, the
Recipient shall be notified ofthe violation by written notice given by personal delivery,
registered mail or registered expedited service. The recipient shall diligently commence to cure
the violation or complete curing activities within thirty (30) days after receipt of notice of the
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April 26, 2005
violation. If the curing activities can not be reasonably completed within the specified thirty (30)
day time frame, the Recipient shall submit a timely written request to the FCT Program Manager
that includes the status of the current activity, the reasons for the delay and a time frame for the
completion of the curing activities. FCT shall submit a written response within thirty (30) days
of receipt of the request and approval shall not be unreasonably withheld. It is FCT's position
that all curing activities shall be completed within one hundred twenty (120) days of the
Recipient's notification of the violation. However, if the Recipient can demonstrate extenuating
circumstances exist to justify a greater extension of time to complete the activities, FCT shall
give the request due consideration. If the Recipient fails to correct the violation within either (a)
the initial thirty (30) day time frame or (b) the time frame approved by FCT pursuant to the
Recipient's request, fee simple title to all interest in the Project Site shall be conveyed to the
Trustees unless FCT negotiates an agreement with another local government, nonprofit
environmental organization, the Florida Division of Forestry, the Florida Fish and Wildlife
Conservation Commission, the Department of Environmental Protection or a Water Management
District, who agrees to accept title and manage the Project Site. FCT shall treat such property in
accordance with Section 380.508(4)(e), Fla. Stat.
XI. STANDARD CONDITIONS
1. This Agreement shall be construed under the laws of the State of Florida, and
venue for any actions arising out of this Agreement shall lie in Leon County. If any provision
hereof is in conflict with any applicable statute or rule, or is otherwise unenforceable, then such
provision shall be deemed null and void to the extent of such conflict and shall be severable, but
shall not invalidate any other provision of this Agreement.
2. No waiver by FCT of any right or remedy granted hereunder or failure to insist on
strict performance by the Recipient shall affect or extend or act as a waiver of any other right or
remedy ofFCT hereunder, or affect the subsequent exercise of the same right or remedy by FCT
for any further or subsequent default by the Recipient.
3. The Recipient agrees to comply with the Americans With Disabilities Act (Public
Law 101-336,42 U.S.C. Section 12101 et seQ.), if applicable, which prohibits discrimination by
public and private entities on the basis of disability in the areas of employment, public
accommodations, transportation, State and local government services, and in
telecommunications.
4. A person or affiliate who has been placed on the convicted vendor list following a
conviction for a public entity crime or on the discriminatory vendor list may not submit a bid on
a contract to provide any goods or services to a public entity, may not submit a bid on a contract
with a public entity for the construction or repair of a public building or public work, may not
submit lease bids on leases of real property to a public entity, may not be awarded or perform
work as a contractor, supplier, subcontractor, or consultant under a contract with a public entity,
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April 26, 2005
and may not transact business with any public entity in excess of Category Two for a period of 36
months from the date of being placed on the convicted vendor list or on the discriminatory
vendor list.
5. No funds or other resources received from FCT in connection with this
Agreement may be used directly or indirectly to influence legislation or any other official action
by the Florida Legislature or any state agency.
This Agreement including Exhibit "A" embodies the entire agreement between the parties.
IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement.
Witness: ,
~YrJ.~
P t Name: .ja..,.. ra...i,).fÐ
/0
c Date: ~-8~-D5'
If L f.../
Appr
By:
Print Name:
STATE OF FLORIDA
COUNTY OF PALM BEACH
The foregoing instrument was acknowledged before me thisa 'f~ay of
-.Thn€- ,2005,by~ 1'l/1(C((,AY as Vlc·e MC"VlJ r of
(it of ßC/tt~&v.{Á on behalf of the Local Government, and who is person~lly known to
me. r- /~ /;J/
~é;Z'f,'L.~í./
Notary Public .
Print Name: .ff/J/J/I (0 LL/N£
Commission No.
My Commission Expires:
12
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Witness: FL TIES TRUST
i
~ ~---==- By\"
Print Name: ;t?fi ~/-- .....f"',#/q"r Janice owning, Directo , Division of
~ HOU~ and Commupi. é Development
Date: 0/ Å, '6/b':>
Print Name: /Î1¡£,;111A. 41I¡Iß Approved as to Form and Legality:
By: ~O.~-~
(, /;JÎ {oS ,
Trust Counsel
STATE OF FLORIDA
COUNTY OF LEON t+-
foregoing instrument was acknowledged before me this ~ day of
,2005, by Janice Browning, Director, Division of Housing and Community
ment. She is personally known to me.
Mo~
Print Name:
Commission No.
My Commission Expires:
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13
DRC\04-023-FF4
April 26, 2005
EXHIBIT "A"
-
The following described land in Palm Beach County, Florida:
. LEGAL DESCRIPTION: EasterlY' portion, formerly MSA 63a~ described ~s:
fhose portio~8 of.~·tract described. by ~etes and bound~ lying'in the S~ of Sec.33
3n\ In the NWÝ.Í of·· the . SW~ of 5.ec .34, T.45S,R .43 E.' Palm Be·ach County, mar e ¡articu-
lar y ductlbed ..as follows:" ." ..' .
~cr NO.1: Commence at the 1/4 section corner on line bet~een said Sec.~3 and 34,
for ~ ~oint pf reference. From thence run. along the Eand' W 1/4 section ·line·
throug 5ec.34, N: 890 :24'40w E, a dist·ance of 155.91 it. to ¡In intarsection with
theW~ R/W.line of Ihtracoastal Wate·rway from ·.Jacksonville to Miami, .€fa~, as
that R1W line is' shown on the plat. recprded in Piat Bt. 17, at P'.13-A· of thø
public records of Palm Beach County: thence along said WR/W line, 507007' 04-
West, ·a' dlst:ance' of l~96.19 ft. to SW corner Pareøl:·ll of said ICWW as sholOot\ in
said plat ·book and' page. for a point of' beginning for the' tract Þereifl dB.scrlbød.
From said point of-beginning run South 890 33' o~~ ~est, a di~tance of 363 ft.
to a point; thønce N·07 07' 04w E, a distance. Of 48 ·ft.· to 'a poInt; thence N.
890 33' 02" East,' a distan.ce of· 363 ft. to'an intersection with VI R/W lina: thence
along said W R/W line, S 070 07' 04w W. a distance of 348 ft. to. pt. .of beginnIng;
also: ;~CT NO.· 2:·' Th'e W'ly prolongation of S·l~' of Tract No. I, hereinabove.
descriÞe , to an·lnt~rsecti~n.withE·line of Federal Highway, also known aø St.Rd.·
Combined areas o~ Tracts 1 and 2 being 3.0 acres, more or less. TRACT NO.3: That
portion of aforementioned R/W Parcel 11, embraced within the Nand S ~ines of
above described Tract No.1, when same are projected eastward, subject to rights
and easement ~,~_!VW parcel hald .by !.l,~.of AmElrica: containing 0·;2:>A..lDore or leu.
TRACT·NO.·41 A portion of the ÑE~ of the SE~ of Section 33. Town
ship 4~ $., Range 43 E., Palm Beach County. Florida, adjoining and
lying East of the .Easterly Right-ofWay Line of State Road No.4, .
West of and adjoining Tra~" No.--'l--and ·North··of and ajoining Tract #7.
said Tracts No.1 and 2 having been conveye~. RY Laniranchi, Inc., to
. Board 'of CosunUulonerB...of· .Flt./O-On -4-1203·9, and recorded April 14, 1939,
. in Deed Book =>84. at pagø 420, of the. public records ~f Palm Beach
,'County, ;more' p'artlcuiar1y de:scrlbeø a~ ~01:1;o.,,~: .:...
. . .
.Commence .a~.the 1/4 sectron'corner'on the iine between aaidSections
33. and 34., for a point of reference. . From said .point of reference
run along' the ·East and ·West. 1/4 section line through said Sect! on 34,
. North 89 24' 40· e, a'distance of l~5.9l ft. to an intersection with
the.W r/w line of the' Intracoastal ~terw~y from Jacksonville.to Mia~,
Florida, as that r/w line is shown on the plat recordød in Prat Book . ~
. 17,. at page 13-A; of the public- records' !)f"saiéi PaAm"Boat:h County::.' :'.
'.. 't~~në:e-a10!'9~said'Wøst Right-of-way ~l~ø.·Soui~ .0:' ':07' 04~ W, .II êli~tanc~-;'
.' .: of 1196.19 ft. to the SouthWest corner of·wParc'el·No. '1P 'lWhlch· point·· . '
.is..markeéfbY,a coné:'r~te'monument': ·thencè S?üth'~9a 33·,'02- West, 363..00'::
feet¡.:th~nce North 070 07' 04" East.:l~.13.feet to th!, point of'begin~~ng;
. . . . ... .' . '" . -,
.Thence'tram·the point' of beginning above described~:South'890 33' 02-
West.' 332..60 faÊlt·tothe Easterly'l1ne"'of t.he 66' foot: width right'of .:..
. way of'Sðate Road No. '4; :thence' :;tl~:lng said. Easterly'.ri9ht-oÌ":"~ay: l~ne :
·'North; 04 .58' 52·· East; ·331.46 fut to a c oncrite monument· marking'
.:the·NW.èorner·of the';tract· ha:r!!in·coiw!!yed:.the~ce:No~t!1,890 33"'.2" :":
. East. a4~~0~ fo'et to a concrete monulDe'nt m~rki'nÕ'thel Northeast- corner' '.
.. '.' of the, tract nerein.çol:weyed¡ thenc!l,Soúth.070' .?'·:04W:\,;!!st., ~32..Ø7.: :!:.....
.' . feet 'to the poi[\t, of beginning, contai~ing 2..:rr. !lcr~~. mor·e or .les.s.. . "
LESS AND EXCEPT:
·That portion of S 348' of N.
1183.25' of ~ of S~ of Sec.33, T.45S,R.43E. lying East of E R/W line of State
Road 5. and within 50' E'ly of, measured at right angles to, Base l1~pf·Survey
of St.Rd.5, Section 9301-205, as sholOot\ on Rlw Map of said road .
and section r.co~ded in State and County Road Plat Book 2, P.156-165 inclusive.
P~ Beaåh County Public Røcords, containinq 0.14 of an ~cre, more or less.
14
DRC\04-023-FF4
April 26, 2005
Local Government Name: City of Boynton Beach
Project Name: Jaycee Park Acquisition
FCT Project #: 04·023·FF4
Date: 4/27/2005 /- ,;1'. 0)
GRANT AWARD CALCULATION
TOTAL PROJECT COSTS
Land Purchase Price
$3,400,000.00 (1)
Total Land Purchase Price $ 3,400,000.00
Acquisition Expenses
Survey $6,200.00
Title Insurance 11,585.00 (2)
Appraisal Review 2,000.00
Appraisals 350.00
Environmental Audit 3,000.00
Total Acquisition Expenses 23,135.00
Total Project Costs $ 3,423,135.00
COM PUT A TION OF GRANT AWARD AND LOCAL MATCH AMOUNT
FCT Award Computation
Share of Purchase Price $ 1,700,000.00 (1)
Share of Acquisition Expenses 11,567.50
Total Share of Project Costs $ 1,711,567.50 (3)
City of Boynton Beach
Share of Purchase Price $ 1,700,000.00
Share of Acquisition Expenses 11,567.50
Total Share of Project Costs 1,711,567.50
Total Project Costs $ 3,423,135.00
COMPUTATION OF PREPAIDS, REIMBURSEMENTS. AND ADDITIONAL COSTS
FLORIDA COMMUNITIES TRUST
FCT Prepaid Project Costs
Appraisal Review $ 2,000.00
Total Prepaid Costs 2,000.00
FCT Amount Due at Closing
Share of Total Project Costs $ 1,711,567.50
Less Total Prepaid Costs 2,000.00
Total Amount Due From FCT $ 1,709,567.50
I:\SEC\FCT\DATA\LEGAL FORMS\CLOSING FORMS\Grant Award Calculation Statement
City 01 Boynton Beach
Jaycee Park Acquisition
FCT Project #: 04-023-FF4
Date:
Page L
City of Boynton Beach
City Prepaid Costs
Land Purchase Price $ 3,400,000.00
Survey 6,200.00
Title Insurance 11,585.00
Appraisals 350.00
Environmental Audit 3,000.00
Total Prepaid Costs $ 3,421,135.00
City Amount Due
Share ofTotal Project Costs $ 1,711,567.50
Less Prepaids 3,421,135.00
Total Amount Due to County $ 1,709,567.50
County Additional Costs
Record Grant Award Agreement $ 120.00 (4)
Total Additional Costs 120.00
Notes:
(1 ) Pursuant to a memoradum from William H. Benson, MAl, to Caroline Sutton, dated 1-13-05, the Maximum Approved Purchase
Price is $4,320,000. The City acquired the property on 8-4-04, at a purchase price of $3,400,000. The FCT Reimbursement
is based on the actual Purchase Price, as it is less than the Maximum Approved Purchase Price.
(2) Amount includes costs for title insurance, title examination, title search and closing fees.
(3) Pursuant to the terms of the Conceptual Approval Agreement, the amount of the grant shall not exceed the lesser of
$1,713,000 or 50% of the project costs.
(4) Disbursed to Clerk of the Court, Palm Beach County
The foregoing reconciliation of Purchasers' costs is hereby approved by the unde
{o- at/ -05 !
Date: Date~
'-.
þ,PPH\SC' m~ __,€¡Z-~(O'5
~ CITY ATTORNEY
I:\SEC\FCT\DATA\LEGAL FORMS\CLOSING FORMS\Grant Award Calculation Statement
FLORIDA COMMUNITIES TRUST
DEPARTMENT OF COMMUNITY AFFAIRS
LAND ACQUISITION PURCHASE RECEIPT
DATE WARRANT DELIVERED TO PAYEE: June 28, 2005
SIGNATURE OF PAYEE:
WARRANT NUMBER: 1580333
WARRANT DATE: June 20, 2005
AMOUNT: $1,709,567.50
FCT PROJECT NAME: Jaycee Park Acquisition
FCT PROJECT NO: 04-023-FF4
FCT RECIPIENT: City of Boynton Beach
FLORIDA COMMUNITIES TRUST
By: ~ 0· ~~ -~dd.o-rYL-<L
Leslie O. Anderson-Adams - Trust Counsel
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I:\SEC\FCT\DATA\1-FF4\projects\Funded\04-023-FF4\Reimbursement\
Receipt.doc
. RECEIVED
E-2005 I
I
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CITY Mf.~Ì\¡f.\G[R'S OFFICE
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June 28, 2005 /~ <:
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By overnight delivery (;, ~~"1 Co"......
C, v· \) tþ,¡f'.aI'''; ~
Mr. Kurt Bressner, City Manager Q.;..~, ~Ó/ct'
100 East Boynton Beach Boulevard
Boynton Beach, Florida 33425-0310 ~æ3v
RE: FCT Project Number: 04-023-FF4
City of Boynton Beach ~ ~Ô_dS
Jaycee Park Acquisition ~ -3
Dear Mr. Bressner:
It is with great pleasure that I inform you the following
documents are enclosed to complete the above-mentioned project: ,
l. State warrant no. 1580333 in the amount of \ ~ç'~ .
$1,709,567.50, representing FCT's portion of the .
reimbursement cost
2. Two fully executed Declarations of Restrictive
Covenants - one to be recorded in the public records
and returned to FCT, and one for your file
3. One fully executed Grant Award Calculation statement
4. One purchaser's receipt that MUST be signed and
returned to me immediately.
Please record one Declaration of Restrictive Covenants in
the public records of Pa1m Beach County. When the Clerk of the
Court returns it to you, please forward the original recorded
Declaration to my attention.
There is one additional document that we need from the City,
and that is the original affidavit from the surveyor (a copy of
which was faxed to us) .
DEPARTMENT OF CO,\1MCNIT'f AffAIRS' 2555 SHII"IARD OAK BOLLVARD . T ALL\llASSEE, FL 32399-2100
850/922-2207' SIINÜJi\! 292-2207' FAX 850/921-1747
FI')HIJH (~'}\I\H "\llIbTIH'1 RHYCI.L'
~
Kurt Bressner
June 28, 2005
Page Two
It has been a pleasure to work with you and thank you for
your cooperation in this matter. Special thanks also to Debbie
Majors, whose diligence and efficiency have made this one of the
most smoothly run FCT projects I have had the pleasure of working
on. If you have any questions please contact me at (850) 922-
1689. My facsimile number is (850) 922-2679.
Sincerely,
~~_~ 0, ~-·C1dtJ~
Leslie O. Anderson-Adams
Trust Counsel
Enclosure