R07-117
1 RESOLUTION R07- J I'!
2
3 A RESOLUTION OF THE CITY COMMISSION OF
4 THE CITY OF BOYNTON BEACH, FLORIDA,
5 AUTHORIZING THE MAYOR AND CITY CLERK TO
6 EXECUTE A REVISED INTERLOCAL AGREEMENT
7 BETWEEN PALM BEACH COUNTY AND THE CITY
8 OF BOYNTON BEACH TO PROVIDE FUNDING IN AN
9 AMOUNT UP TO $380,000.00 TO ASSIST WITH COSTS
10 FOR CONSTRUCTION OF BOAT CLUB PARK
11 RENOVATIONS; AND PROVIDING AN EFFECTIVE
12 DATE.
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15 WHEREAS, the original Interlocal Agreement to provide funding for Boat Club
16 Park was approved at the City Commission meeting on August 7, 2007; and
17 WHEREAS, Palm Beach County inadvertently did not include language referencing
18 that the project represents recreation projects enumerated in the 1996 $25.3 million Park
19 Improvement Revenue Bond Issue; and
20 WHEREAS, the City Commission of the City of Boynton Beach upon
21 recommendation of staff, deems it to be in the best interest of the citizens and residents of
22 the City of Boynton Beach to authorize execution of the revised Interlocal Agreement with
23 Palm Beach County to provide funding in an amount up to $380,000.00 for improvements to
24 Boat Club Park.
25 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
26 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
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 of this Resolution upon adoption
29 hereof.
S:\CA\RESO\Agreements\lnterlocals\ILA(rev) with PBC for Boat Club Park renovations.doc
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Section 2.
The City Commission of the City of Boynton Beach hereby authorizes
2 the Mayor and City Clerk to execute a revised Interlocal Agreement between the City of
3 Boynton Beach and Palm Beach County to provide funding in an amount up to $380,000.00
4 for improvements to Boat Club Park, a copy of said Agreement is attached hereto and made
5 a part here as Exhibit "A".
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Section 3.
That this Resolution shall become effective immediately upon
7 passage.
8 PASSED AND ADOPTED this ~ day of October, 2007.
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CITY OF BOYNTON BEACH, FLORIDA
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S:\CA\RESO\Agreements\lnterlocals\ILA(rev) with PBC for Boat Club Park renovations.doc
Department of
Parks and Recreation
2700 6th Avenue South
Lake Worth. FL 33461
(561) 966-6600
Fax: (561) 642-2640
www.pbcparks.com
.
Palm Beach County
Board of County
Commissioners
Addie L. Greene. Chairperson
Jeff Koons. Vice Chair
Karen T. Marcus
Warren H. Newell
Mary McCarry
Burt Aaronson
Jess R. Santamaria
County Administrator
Robert Weisman
-An Equal Opportunity
Affinnative Action Employer-
@ printed on recycled paper
August29,2007
Mr. Wally Majors, Parks and Recreation Director
City of Boynton Beach
100 East Boynton Beach Boulevard
Boynton Beach, FL 33435
RE: 2002 Recreation and Cultural Facilities Bond - Revised Funding
Agreement for Boat Club Park Renovation
Dear Mr. Majors:
Per our previous conversations, we needed to add a new paragraph to the
"Whereas" section of this Agreement (the third "Whereas") in orderto specify
an additional County funding source. Although this change does not modify
any of the terms to which the City has agreed, t~e City nevertheless needs k
re-sign the Agreement due to this change.
Therefore, we are requesting that you have the attached revised lnterlocal
Agreement approved on behalf of the City of Boynton Beach, and return both
executed originals to us for approval by the Board of County Commissioners.
Contact Susan Yinger, Administrative Support Manager, at 966-6653 if you
have any questions on the Agreement. On behalf of Commissioner Mary
McCarty and the Board of County Commissioners, we look forward to
assisting the City of Boynton Beach with the costs of construction of
improvements to Boat Club Park.
S~"~
~~/~
Dennis L. Eshleman, Director
Parks and Recreation Department
DLE:SWY
Attachment - Two originals of Bond Agreement for Execution and Return
Copy to:
Commissioner Mary McCarty, District 7
Kurt Bressner, City Manager
Paul King, Assistant County Attorney
PALM BEACH COUNTY PARKS AND RECREATION DEPARTMENT
2002 RECREATION AND CULTURAL FACILITIES BOND
STATUS REPORT
PROJECT NAME: Bovnton Beach Boat Club Park Renovation
PROJECT SPONSOR: City of Boynton Beach
PROJECT ELEMENTS
WORK ACCOMPLISHED
%COMPLETE
PROBLEMS ENCOUNTERED/COMMENTS:
PERIOD COVERED
(CHECK APPROPRIATE PERIOD)
October through December: Due January 1 Qth
January through March: Due April 1 Qth
April through June: Due July 1 Qth
July through September: Due October 1 Qth
LIAISON:
SIGNATURE
DATE
G:\SYINGER\FORMS\RECREA T10NANDCULTURAlSTATUS.doc
Item/Issue
Submission for
reimbursement
Sequence of back-up
documentation received
When an Agency Credit
Card or Debit Card is
used
When a Credit Card or
Debit Card is used to
purchase items by a third
party.
RAP/Bond Reimbursement Request
Documentation Procedures
Description/Explanation
Please include the following...
Required Documentation
1. Letter of submittal and/or completion
Listed in order of placement in 2. Complete "Contract Payment Requesf'
reimbursement packet form - Exhibit B, Page 1
Please do not use staples on
any of the documents.
Documentation can be secured
using other means, such as
paper clips.
3. Complete "Contractual Services
Purchase Schedule" - Exhibit B, Page 2,
3, etc.
4. Copy of check
5. Copy of itemized invoice/receipt
List each invoice on the blank Attached documentation should be placed in
lines as indicated on Contractual the same sequence as stated on Exhibit B,
Services Purchase Schedule Page 2; Example:
form.
1. Check (place this first)
Each Exhibit B form must be
2 Itemized invoice/receipt (placed behind
completed in its entirety by the . applicable check)
grantee.
Invoice/receipt must be clearly legible to
qualify for reimbursement.
Credit card statement and 1. Include a copy of check made payable to
required back-up documentation the credit card company or banking
required institution.
2. Include credit card/bank statement that
indicates the item(s) purchased
3. Include itemized invoice/receipt of the
purchase
.
(over)
1. Include copy of check made payable to
the person who made the purchase
2. Include credit card/bank statement that
indicates the item(s) purchased
3. Include itemized invoice/receipt of the
purchase
G:\SYINGER\FORMS\Documentation Procedure - Exhibit B (RAP) or C(Bond) .doc
Name of Your Agency/Municipality:
Project Name:
LETTER OF COMPLETION
Enclosed please find our final Request for Reimbursement which Includes Contract Payment
Request and Contractual Services Purchase Schedule form and back-up documentation. The
project has been completed accordingly.
The above Is being submitted In accordance with terms of Agreement
Board of County Commissioners and Palm Beach County Parks &
Signature
R20071.2103 Ko7-H7
INTERLOCAL AGREEMENT BETWEEN PALM BEACH COUNTY
AND THE CITY OF BOYNTON BEACH FOR BOAT CLUB PARK RENOVATIONS
THIS INTERLOCAL AGREEMENT is made and entered into on NOV 20 2002,
by and between PALM BEACH COUNTY, a political subdivision of the State of Florida,
hereinafter referred to as "COUNTY", and the City of Boynton Beach, a Florida municipal
corporation, hereinafter referred to as "MUNICIPALITY".
WIT N E SSE T H:
WHEREAS, MUNICIPALITY owns and operates Boat Club Park located on South
Federal Highway in Boynton Beach, hereinafter referred to as "the Project"; and
WHEREAS, MUNICIPALITY has asked COUNTY to financially participate in the
construction of renovations to the Project; and
WHEREAS, the Project represents recreation projects enumerated in the 1996
$25.3 Million Park Improvement Revenue Bond Issue, as amended; 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, as amended, for the $50 Million Recreation and
Cultural Facilities Bond; and
WHEREAS, the Project represents one such recreation/cultural project; 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
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:
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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 $380,000
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".
Section 1.04 MUNICIPALITY agrees to provide funding in an amount of $0 or greater to
complete construction of the Project. The parties agree that the COUNTY shall provide its
portion of the funding only after MUNICIPALITY has expended $0.
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
construction of the Project shall be Wally Majors, Recreation and Parks Director, Boynton
Beach,561-742-6255.
Section 1.06 MUNICIPALITY shall construct renovations on the property as more fully
described in Exhibit "B" attached hereto and made a part hereof.
Section1.07 MUNICIPALITY shall utilize its procurement process for all 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
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,
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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.
Section 2.06 MUNICIPALITY agrees to totally complete the Project and open same to the
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.
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.
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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.
Section 3.05 The County agrees to reimburse MUNICIPALITY an amount not to exceed
$0 for pre-agreement costs .
Section 3.06 For construction projects fully funded by the County, no more than 10% 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
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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,
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
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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:
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
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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.
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
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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 MUNICIPALITY 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.
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.
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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.
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.
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IN WITNESS WHEREOF, the parties have caused this Interlocal Agreement to be
executed on the day and year first above written.
R2007:' 2103
NOV 2 0 2007
PALM BEACH COUNTY, BY ITS
BOARD OF COUNTY COMMISSIONERS
By: a cfo(du/ d(? /JAh/n Q./
Commissioner Addie L. Greene, Chairperson
ATTEST:
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SHARTON R. Bo~9l)erk'&'.~~~i~!'\,
Comptroller :1.(./ ~\..M Bf::.4 .'.~'~.
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ATTEST:
APPROVED AS TO TERMS AND
CONDITIONS:, U.
BY:~ ~
Dennis L. Eshreman, Director
Parks and Recreation Department
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
By:
County Attorney
;~CITY OF BOYNTON BEACH
:Y'~~
. ~yor
APPROVED AS TO FORM AND
~::GAD~~
Municipality Attorney
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EXHIBIT A
PROJECT DESCRIPTION, CONCEPTUAL
SITE PLAN, AND COST ESTIMATE
12
:rhe City of
Boynton Beach
il ;.y 2 2.
"'n
Recreation & Parks Department
Administration
100 E. Boynton Beach Blvd.
P.O. Box 310
Boynton Beach, Florida 33425-0310
(561) 742-6224
FAX: (561) 742-6233
Email: majorsw@ci.boynton-beach.fl.us
www.boynton-beach.org
May 11,2007
Commission Mary McCarty
Board of County Commissioners
Palm Beach County
301 N. Olive Avenue
West Palm Beach, FL 33401
Dear Commission McCarty:
Thank you for your donation of $380,000 for the renovation of Boat Club Park. This park is heavily
used by both Boynton Beach and Palm Beach County residents and is being "loved to death." These
funds will go a long way towards enhancing the facilities and the aesthetic nature of the park. Our plans
are as follows:
. Renovation or replacement of the restroom - this building is the first and last to be used by
boaters and is a vital component of the park.
. Replacement of the picnic: sheiters - these shelters were eomtructed in the 1960'~ ~nd are
outdated and deteriorated. We plan to replace them with modem shelters that emulate the
nautical theme of the park.
. Replacement ofparkfurnis~ings - the existing benches were constructed with the original
shelters and are damaged and uncomfortable. Parks should be inviting places and the
replacement of the furnishings will compliment the nautical theme of the shelters.
. Landscaping - plants do have a "life span" and most of the plants in the park are either at the end
of their years or have already been removed.
. Replacement of the handrails on the boardwalk - the flat handrails on the boardwalk are
commonly used to clean fish. This has created gouged, stained and splintered handrails.
Replacement with a round metal handrail will prevent this in the future.
America's Gateway to the Gulfstream
The following is a breakdown ofthe cost estimates:
ELEMENT COST
Restrooms 175,000
Picnic Shelters 110,000
Park Furnishing 50,000
Landscaping 25,000
Handrails 20,000
TOTAL $380,000
An aerial map that indicates that location of the renovations and a legal description are attached.
If you need any other information to proceed with the Agreement, please let us know. We look forward
to working with you on this project. Thank you.
Sincerely,
'-'/
Wally Majors, Director
Recreation and Parks Department
(attachments)
c: Dennis Eshleman, Director, PBC Parks and Recreation Department
Susan Yinger, Administrative Support Manager, PBC Parks and Recreation Department
lody Rivers, Parks Superintendent, City of Boyi1ton Beach
Kurt Bressner, City Manager, City of Boynton Beach
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EXHIBIT B
LEGAL DESCRIPTION OF PROPERTY
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PROJE.~T, A./ ~ .'
EXBIBi-rB," "
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Thit in.""~'" wa. prepo,ed by,
lttarrantg .llttd
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Cl.~'l.rSda
GENE MOORE, LAWYER
639 E. Ocean Avenue
Post Office Box 910
Boynton Beach, Fla.
33425
(~utu'on fOIM-S((JI011 619,02 f.\.)
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day 01
January
1985 . Irtwrrn
Mode Ihis
ARNOLD STROSHEIN, Individually and as
non-homestead property
Trustee,
conveying his separate
01 Ih. County 01
Palm Beach
~Iolt' 01
Florida
, g,anlo,', and
CITY OF BOY~TON BEACH, FLORIDA, a Florida municipal corporation
who.. po,' olliCl odd,." i. 102 East Boynton Beach Blvd. Boynton Beach, Florida 33435
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Florida
. g'onl....
01 lhe County 01
Palm Beach
, Slate 01
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~ .trnr..rt~. Thol said g,anla" lor and in con,ideralion 01 lhe ,um 01
TEN_________________________________________________no/100
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I and o,her good and valuabl. conside,a'ian. 10 said g,anlo, in hand paid by said o,an'... ,he rec.ip' whe,eo' i, h.,.by
.. oc.nowledg.d. hot g,onl.d, borgoin.d and sold to ,he said g,an'.., and gran'..', hei" ond onion. lo,.~. Ih. lollowlng
"~ d.sc,ib.d land. ,i1ua'., lying and being in Pal m B e a c h Cou'''y, florida. Io-.i'.
W2 From the Southwest corner of LOT 12, SAM BROWN JR.'S HYPOLUXO SUBDIVISION, according to
m the Plat thereof, recorded in Plat Book 1, Page 81 of the P~blic Records of Palm Beach
County, Florida, running Easterly along the South line of said Lot 12, a distance of
94.84 feet to the East right-of-way line of State Road No.5 and an iron pipe, THE POINT
OF BEGINNING; thence running an angle of 82026' from East to North running Northerly along
the East right-of-way line of State Road No.5, a distance of 203.44 feet, thence turning
an angle of 97034' from South to East ~nd running East a distance of 328.62 feet to an iron
pipe, thence turning an angle from West to "South of 82026' and runnning Southerly on a"line
parallel to the West line hereof, a distance of 203.44 feet to an iron pipe; thence turning
an angle of 97034' from North to West and running West a distance of 328.62 feet to an iron
pipe and THE POINT OF BEGINNING. SUBJECT TO: easements, reservations, re8triction8, road-
/ right-of-way of record, if any, and taxes for the year 1985and.thereafter.SUBJECT FURTHER
~ to that certain mart gage in the original princpal amount of $95,000~00 in favor of Millicen
~ Opportunities Corp., said mortgage being dated January 16, 1978 and recorded in O.R.B.2802
(\ D at Page 1341 of the Public Records of Palm Beach County, Florida, which mortgage Grantee8
~/~ oagree to assume and pay.
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and ,oid gronlo, doe, her.by fully worron' Ihl titl. 10 said land, ond will del.nd the sam. again,' ,he Iowlul claim. 01 011
p.,\On. whom&Oe..',
, · "G,antor" and ..gron'.... 0'. u,t'd 10' \in9"lnt or plu,ol. 0\ conl..t ,equi,.,.
)n WUnfl1l1 m~rrrl1f. G,anlo, hot h..t'unlo ", 9'onlo,'\ ho
(;j,d. ...Iod .nd d.j;_~d ~ au. ...-"
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and seal ,he doy andyeo' fin. obo.,. writt.n,
'Seal)
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(Seal)
ST ATE Of FLORIDA:
COUNTY Of PALM BEACH
I HEREBY CERTIfY lho' on 'hi. day belo,. me. an ollic" duly QIIOIiIiecl '0 loll. oclanowledgmen". personally appeared
ARNOLD STROSHEIN, INDIVIDUALLY Ah~ AS TRUSTEE,
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de.c,ib.d in and who uee,,'"' lhe lo,.going in"rum.n' ond ocllnowl.d~ belor. me lhol
10 ", m. known 10 be Ih. p.'lOn
he ...cu,.d the lam.,
WITNESS my hand and olliciol ,.01 in the Counly' ond 510" 10,1 010'
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No'ory Public '
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! Retut~: Gene MoOre V"" ~ ~
-.-/ P. O. Box 910 ~
Boynton Bud\. ....
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Fla. St. .... I. '('h, s-v
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My commission upi,."
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NOTARY PUBLIC STATE OF flORIDA AT LARGE
MY COMMISSION EXPIRES SEPT 23, 1988-
~ lHRU GENERAL INS. UNDERWRITERS
RECOROVERlAEO
PALM B1:ACH COUNTY FLA
JOHN B, DUNKLE
CLERK CIRCUIT COURT
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Return: G... ~
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DEC-20-i988 03:27pm 88-351 741
ORB 5909 pg 1058
This Instrument Prepared by:
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PROJECT B
EXHIBIT B
PAGE 1 of.' 3
Addr...:
Tl-tlS 1~.'STRlJMENT WAS PP\"",Rro B1'
GENE Mor'.R
ATTORNEY,AT'LAI'I '
P. o"eox 9lG
BOwtYON BfACH, flOAlOk -3~
Con 1,100,000.00 Doc 6,050.00
JOHN B DUNKLE, CLERK - P8COUNTY, FL
Property Appraisers Pli'cel identification (Folio) Number(s):
SPACE ABOVE THIS liNE fOR RECORDING DATA
ll1is MJarl'anty ]Oe~d MIl/h. "Ie 10th da}' of November A. [), 1988 by
KIRSCH HOLDING CO.INC., a New Jersey Corporation
'1I?r('illllfh'r cal/('cl "II? grulI'or, 10
Corporation
CITY OF BOYNTON BEACH, FLORIDA, A Florida Municipal
W/lll~(, I'os'offin' 1IlIclr(.ss is City Hall, Boynton Beach, Florida 33435
/1C'rl,jllll{II'r l'ul/('1I I'll? !/rnllll'f':
IWI..,,,,, ."..1 h.,ri" ,I... "till' ,.",",,,," .n,1 ".,a,,"'" i"dll,t. .1\ ,h. parti.. III ,hi. in,uum.nt and
II.. h.i", 1...1 I<I-',."",a.i,,, .",1 "'".", ,,( i"di,idu.t.. illll ,h. 'urc....... and a"i.", 01 corporition.)
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Uitnessdh: TlIrI' II... Wlllllllr. {,,, 01111 ill ('lIl1sidf'rnlillll of ,II(' SlInt of $10.00
l'u/lIuIII.. 1'0llsicll'rulions. r('n'ipl lI'lll'rl'llf is IlI'rl,!Jy IIl'krtlllf.I,'rl!wcl, IIf'n.hy WfllIls,hnr{jaills, sells,
mises. r('lf'uses, ('OI\llI'YS and ('(Hlfirrns 1111'0 Ill(' wan'('(', (Ill /llltl cl'rl(lill'/lIl1d siluale ill Palm
COUllly, Florida. I'iz:
and ollwr
alie,u, r('-
Beach
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LOT 7, of SAM BROWN JR.S' HYPOLUXO SUBDIVISION, to the Town of
Boynton Beach, County of Palm Beach, Florida, according to the
Plat thereof on file in the office of the Clerk of the Circuit
Court in and for P~lm Beach County, Florida, recorded in plat
Book 1 at Page 81, LESS the Right-of-Way for state Road 5, (U.S.
Highway #1)
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SUBJECT TO: easements, reservations, restrictions, roa~-right-of-way~
of record, if any, and taxes for the year 1988 and thereafter.
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logdher wlt/, aU Ihe lenemenls, hereell/amenl. anel appurlenances Iherelo belonging or In any-
wise appertaining,
J 0 ltaut and to llold, Ihe same In fee simple forever,
Rnd I'll.' granlor hereby cOllenanls wl/h said granlee Illallhe granlor is lawfully sei'Led of saiel land
ill fee simple: Illal Ihe granlor has good righl and lawful aulllorl/y 10 sell and convey sold land: Ihal Ihe
grail lor herehy fully warranls Ihe IiIle 10 said land and will defend Ihe same agalnsl Ihll lawful claims 01
all persons whomsoever: and Ihal said land is free of all encumhrances. except laxes accruing Sllbsf'quenl
/0 December J I, 19 87
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In. Witness ltJhefeof, II,e said granlor. has signed and sealed Ihese presenb Ihe day and year
firsl abooe wrillen,
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.resence: KI.RSCH-Ht)"Lrrll'!.~.~' INC.,
....a Ne," J,e-rs-i'fj:..::GOt'por.:l.ticn t!D
........,........,....",..,..,' ~;~;;~';~-~~'~~h'.;....p';~'~id~-~.t
..........................,.,....,..,....:,....... ...........,................,......................",............................
C. Nowels REcor~O V[RI~ED
STATE OF NEW JERSEY PALM BEACH COU TY, FLA.
COUNTY OF 'MONMOUTH . JOHN 6, DUN LE .' .
CLERK CIRCUIT COUR1tEREBY CERTIFY that aD thl. day, before me. an
officer duly authorized in the State aforesaid and in the County aforesaid, to take acknowledsmenU, personally appeued
Irving B. Kirsch, President of Kirsch Holding Co., Inc., a New Jersey
Corporation
to me known to be the perso" described in and who executed lhe 1,,\cgoil~S inaU'Jmenl and he acknowledsed
before me that he executed the same.
WITNESS my hand and oHicial s~al in the County and., ::itate lal~ ,lfhre;..lH tilla
November A. 0, 19 88
10th
day of
My commission expires
6/28/89
e ~" ort.'O'L..~.....~!~~'.~$J.!~L:.....s. EY
~v public NOTARY PURllCIOI)NEW JER
-., My Commi$3ion F.~pirlls June 28. 198~
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#= 55 P. C' ol( 910
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PROJECT B
EXHBIT B
PAGE 2 of 3
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Thl~ Instrument Prepared by:
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DEC-20-1988 03:27pm 88---351742
ORB 5909 P9 1059
Con 1,000,000.00 Doc 5,500.00
JOHN B DUNKLE, CLERK - PBCOUNTY, FL
lddl"':
""'9 IN~T"l".,i'.l'JT WAS Pf-"'l"I'\RCO BY
GENE t-,iOr:,(
ATIOnNt.'I'.A T,LAW
p, O,.BOX ':110 -
OOVH1'ON BUCW. Fl.~ ~
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Property Appraiser. PaTcel ldenUllcatlon (Folio) Humber(s):
SPACE ABOVE THIS liNE fOR RECOIIOING OA TA
litis MJafl'anly .Deed MlIclc"Ill! 10/lt... clay of /V~ill1"'/le<- A 0,1988 by
IRVING B.KIRSCH and CLARA F. KIRSCH, his wife (a/k/a Clara Kirsch)
I'l!r('ilwflc'r callc,cl IlL(! walllor, 10
Corporation
CITY OF BOYNTON BEACH, FLORIDA, a Florida Municipal
WlIOS(, posloffice ac/rlrc'ss is City Hall, Boynton Beach, Florida 33435
lu'rl!illClflc'r call('cl ,lie! fjrafllc'c>:
I.....h<fr\<f ..,..1 h.,,'i.. ,I... I."'" .......",," .n'\ ",.""."..' i..d..do .11 ,bo \>or,i.. "', ,hi. in.trllonon., and
II.. I".i.,. 1<,..1 ..\>..,.",..i.., .mJ ."i.... ..I i..d" idll.'" ...d ,ho ,Ufet""" and a"..n' 01 <Of po rail on.)
lfJitnesseth: TlICII rill' (/fUll lor, for orlCl ill \'fill ~jcll'ruli'lII of I/IC' Slim of $ IO . 00 ami oltler
\laluallll' consic/l'ralions. ,('("pipl wllC'rI'of is III'rI'/I)' aC~IIIl..,II.cI!I"11. IlI'rI.hy f/rclIIls, bargains, st'fls, alit'ns, 'e-
mist's, relC'ast's, CllfIVt'YS 011I1 confirms 111110 IIIC' WalllC'C'. 1111 IIlul cl'rlui" luncl siluale in Palm Beach
Counly, FIoric/O. l'iT.:
LOTS' 8 and 9 of SAM BROWN JR.'S HYPOLUXO SUBDIVISION, to the Town
of Boynton Beach, County of Palm Beach, Florida, according to the
Plat thereof on file in the office of the Clerk of the Circuit
Court in and for Palm Beach County, Florida, recorded in plat book
1 at Page 81, LESS the Right-of-way for State Road 5 ( U.S. Highway
No.l) SEE ATTACHED FOR FURTHER LEGAL DESCRIPTION TO SUBMERGED.LANDS.
SUBJECT TO: easements, reservations, restrictions and road-right-of
way of record, if any, and taxes for the year 1989 and therafter.
logtlhtr will. aU Ih. lenemenls, hereell/ament. and appurtenance. Iherelo belonging ~r In any-
wise opperlolnlng,
To )taut and to llo'td, ,he same in fee simple forever,
Bnd IIle gran lor hereby covenanls wuh said granh'e 11101 Ihe gronlor Is lawfully seiT.ed of said lane!
in fee simple: Ihal Ihe granlor ha.s good righl and lawful aulllorUy 10 sell and convey sold lanJ: Ihal Ihe
granlor hereby fully wa~ranls Ihe IiIle 10 said land and will cIe/end Ihe same agalnsl Ihe fawfuf claims of
all persons whomsoever: and Ihal said land Is free 0/ all encumbrances. excepl laxes accruing subsequenl
10 December JI, 19 88
)n UUness 1tJhereof, Ille said grantor has sign~4.,..!lr.ul-5ecleJ-tiTese-~ Ih. day
firsl above wrillen.' .. _/
Signed sealed anJ deftver ----
and year
STATE OF NEW ,JERSEY
COUNTY OF . MONMOUTH
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I HEREBY CER1'IFY that aD thi. day. belore me, an
IRVING B. KIRSCH AND CLARA F. KIRSCH, his wife
orne"" duly aUlhClrized ill lhe Slale atoresaid and in lhe County aforesaid, to take acknowledllmentl, penonally appeared
to me known to be lhe person described in and who executed ,he forr.~......ll{ iMtrw.~~.:\t and ,they aclr.now1edlled
before me that theY:llccu~r.d the same.
WITNESS my hand and official seal in lhe County ami Slal', \"n afNo.id lhi,
lOth
day of
November
A. D, 19 88
'N9~y ft... h ",' I~L.~.......- ~'~"-C-""
&t~J~ ....tl,;nn..:'; p::~.I."" .'r riron Jl:n~""
.:- '\' ~>.'. ....' j jJflC 2~, '989
My commission expires 6/28/89
ORB 5909 pg 1060
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PROJECT B
EXHIBIT B
PAGE 3 of 3
AND a Tract of samerged land in Section 15, Township 45 South,
Range 43 East, Palm Beach County, Florida, more particUlarly,
described,as follows:
Beginning at a point in the South line of Lot 9, Sam Brown Jr.'s
Hypoluxo Subdivision, according to the plat thereof, on file in
the Office of the Clerk of the Circuit Court in and for Palm
Beach County, Florida, recorded in Plat Book 1, page 81, at a
distance of 989.93 feet South 890 19' 00" East of the Southwest:
corner of said Lot 9, said point being in the high water line'of
the West shore of Lake Worth; thence North 120 06' 34" East, along
said high water line a distance of 149.40 feet to a point in the
North line of said Lot 9; thence South 890 IS' 20" East, along said
North line projected Easterly, a distance of' .217 feet, more or less
to a point in the City of Boynton Beach Bulkhead Line, as established
November 19, 1956, by Ordinance No. 289-1; thence South 40 42'28"
West, along said City of Boynton Beach Bulkhead Line, a distance of
146.77 feet, to a point in the Easterly projection of the said South
line of Lot 9; thence North 890 19' 00" Mest, along the Easterly
projection of the said South line of Lof 9, a distance of 237 feet,
more or less, to the Point of Beginning.
'.
RECORD VERIFIED
PALM BEACH COUN fY, FLA.
JOHN B, DUNKLE ,
CLERK CIRCl,JIT COURT
EXHIBIT C
CONTRACT PAYMENT REQUEST FORM AND CONTRACTUAL SERVICES
PURCHASE SCHEDULE FORM
14
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PALM BEACH COUNTY
PARKS AND RECREATION DEPARTMENT
EXHIBIT C
Grantee:
CONTRACT PAYMENT REQUEST
Date
Project Name:
Reimbursement Period:
Submission #:
Item
Consulting Services
Contractual Services
Materials, Supplies, Direct Purchases
Equipment, Furniture
TOTAL PROJECT COSTS
~
Project Costs
This Submission
Cumulative
Project Costs
(CS)
(C)
(M)
(E)
fcs..;.consu.ii.fng..s.e.;Vices....................................................................)
~ C = Contractual Services ~
1 M = Materials, Supplies, Direct Purchases 1
!..=....~..~.~.~.~~:.~.~~:..~.~.:~~.~.~.~..................................................................!
Kev LeQend
Certification: I hereby certify that the above
expenses were incurred for the work identified as
being accomplished in the attached progress
reports.
Administrator
Date
Certification: I hereby certify that the documentation has
been maintained as required to support the project
expenses reported above and is available for audit upon
request.
Financial Officer
Date
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 USE ONLY
$
$
$
$
$
$
PBC Project Administrator
Date
Department Director
Date
G:\SYINGER\FORMS\3Pg-Exhibit C-Bond.xls
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EXHIBIT D
PRE-AGREEMENT COST LIST
(NOT APPLICABLE)
15
10/11/2007 15:31
5517425041
RISKMANAGEMENT
PAGE 05/05
STAR
INSURANce
COMPANIf
A__~'-~
STAR INSURANCE COMPANY
CERTIFICATE OF INSURANCE
DATE ISSUED: 10/11/07
PRODUCER This certificate is issued as a matter of informallon only and confers no rights upon
the certificate holder. This certificate DOES NOT amend. extend or alter the coverage
Arthur J. Gallagher & Co. afforded by the policies below.
2255 Glades Road
Suite 400 E. COMPANIES AFFORDING COVERAGE
Boca Raton, FL 33431
INSURED COMPANY (A) STAR INSURANCE COMPANY
City of Boynton Beach
100 E, Boynton Beach Boulevard COMPANY (B)
Boynton Beach. FL 33425
COMPANY (C)
COMPANY (D)
COVERAGES
This is to certify that the policies of InsuranceBsted below have been issued 10 the insured named above for the policy period indicated,
notwithstanding any requirement, !arm or condition of any contract or other document with respect to which this certificate may be Issued or may
pertain. the Insurance afforded by the policies described herein Is subject to aH the terms, exclusions and conditions of such policies. Umlts shown
may have been reduced by paid claims.
.
co 'TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS
LTR DAlE IMMIOOIYVl CATE
GENERAL LlA81l1TY
A IlD COMMERCIAL GENERAl LIABILITY CP 02677 29 101112007 4/1/2009 GENERAL AGGREGATE SEE BELOW
[J CLAIMS MADE Ill! OCCUlt PRODUCT5-COMPIOP AGO
[J OWNER"S & CONTRACTOR'S PROT EACH OCCURRENCE ~W
FIRE OAMAGE (any one Ora)
MED. EXPENSE (any OI1a pflrs<lO)
AUTOMOBILE LIABIliTY
A [J ANY AUTO N/A N/A NlA COMBINED SINOlE LIMIT ~
o ALL OWNED AUTOS BODILY INJURY ,... ...."",
o SCHEDULED AUTOS 800ll Y INJURY (... _.,)
o HIRED AUTOS PROPERTY DAMAGE
o NON-OWNED AUTOS
o GARAGE LIASIlITY
EXCESS LIABilITY
A [J UMBRelLA FORM EACH OCCURRENCE $5.000.000
00 OTHER THAN UMBRELLA FORM CP02S77 29 10/1/2007 4/112009 AGGREGATE SIS.OOO 000
A WORKERS' COMPENSATION CP 02677 29 10/1/2007 4/112009 STATUTORY LIMITS ~
AND
EMPLOYERS' L1A81L1TY EACH ACCIDENT
OISEASE-POlICE LIMIT
OlSEASE-EACH EMPLOYEE
COfl1)3ny A - PoUcy subjeCt 10 a $500,000. S./oR. per occ_ca
....".............."..................""...."........-.....-..'''...................,.....,,~..,...."'" ................. ................"....,....."'.....-...."......... ......... ...........-............-..........,...............-... ........",......................,................"...,..... ..............",............".,..........
DESCRIPTION OF OPERATIONSlLOCATIONSNEHICLESlSPECIAL ITEMS - All operations usual to a City Government including
Palm Beach County Board of County Commissioners, a political subdivision of the Slate of Florida, Its Officers, Employees and
Agents as additional insured as their interests may appear throughout the policy period for municipal activities in coordination and/or
conjunction with Palm Beach County Board of County Commissioners.
...'............,p.,.........,. ...,'.."",......... ............"......,...- . ...,A!.,.Q~~r...!~..!'I.r.1~.g>!1<;!il!Q~..Qf.tJ'!.!~..P.9J.!~y..I~m~.iJ1..Mn9!'!.~DQ.~~1."...__... ................. n........,.....,................."........................."_....,,...
CERTIFICATE HOLDER
Should any of the above deScribed policies be cancelled before/he expiratlon
Palm Beach County Board of County date thereof. /he issuing company will endeavor to mail ag days written notice to
the certificate holder named to the left. but failure to mail such nob shall impose
Commissioners no obligation or liability of any kind upon /he company, its agents or
Risk Mgt. Dept. representatives.
160 Australian Dr. . .
West Palm Beach, Fl 33406 ,
Attention: Richard Cohen //L -&- ~ L~!]. -
Authorized Signature:
,-/ Sandra M. Donaghy
.,
Meadowbrook Insurance Group
10/11/2007 15:31
5517425041
RISKMANAGEMENT
PAGE 02/05
---
0 CERTIFICATE OF COVERAGE ISSUED ON 10/8/07
Designat~ Member I Administrator Producer
City of Boynton Beach Public Risk Underwriters Wells Fargo Ins Services Southeast, Ine
I P. O. Box 310 I P.O. Box 958455 SOl S, Flagler Dr, #600
Boynton Beach, FL 334250310 I Lake Mary, FL 32795-8455 West Palm Beach, FL 33401
COVERAGES: THIS IS TO CERTIFY THAT THE AGREEMENT BELOW HAS BEEN ISSUED TO THE DESIGNATED MEMBER FOR THE COVERAGE PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH
THIS CERTlFICA IE MAYBE ISSUED OR MA Y PERTAIN, THE COVERAGE AFFORDED BY THE AGREEMENT DESCRIBED HEREIN IS SUBJECT TO ALL THE
TERMS, EXCLUSIONS AND CONDITIONS OF SUCH AGREEMENT.
COVERAGE PROVIDED BY: PREFERRED GOVERNMENTAL INSURANCE TRUST
AGREEMENT NUMBER: PK FLl 050200307-04 I COVERAGE PERIOD: FROM 10/0112007 TO 10/01/2008 12:01 AM STANDARD TIME
LIABILITY COVERAGE WORKERS' COMPENSA nON COVERAGE
0 Comprehensive General Liability, Bodily Injury, Property Damage and Personal 0 Self Insured Workers' Compensation
Injury Self Insured Retention
Limit 0 Statutory Workers' Compensation
I 0 Public Officials Liability 0 Employers Liability
Limit $1,000,000 Each Accident
0 Employment Practices Liability $1,000,000 By Disease
Limit $1,000,000 Aggregate Disease
0 Employee Benefits Liability
Limit AUTOMOBILE COVERAGE
0 Law Enforcement Liability Automobile Liability
Limit $2,000,000 $100,000 SIR
Limit 0' All Owned Autos
PROPERTY COVERAGE o Specifically Described Autos
0 Building~ & Personal Property o Hired Autos
Limit o Non-Owned Autos
Note: See coverage agreementfor details on wind, flood, and other deductibles
0 Rented, Borrowed and Leased Equipment Automobile Physical Damage
Limit o Comprehensive See Schedule for deductible
0 All other Inland Marine o Collision See Schedule for Deductible
Limit o Hired Autos, with limit of $35,000
NOTE: The limit of liability is $100,000 Bodily Injury and/or Property Damage per person or $2.00,000 Bodily Injury and/or Property Damage per occurrence. These
specific limits of liability are increased to limits shown above per ocwrrence, solely for any liability resulting from entry of a claimsbill pursuant to Section 768.28 (5) Florida
Statutes or lillbilitv imoosed oursuant to Federal Law or actions outside the State of Florida.
Description of Operations/Locations/Vehic1es/Special items:
Re: Palm Beach County BOCC is named as an Additional Covered party per the attched form POlT 902.
This section comoleted bv member 's a~ent, who bears comTJlete responsibility and liability/or its accuracy.
THIS CERTIFICA IE IS ISSUED AS A MA TIER OF INFORMA nON ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT
AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE AGREEMENT ABOVE.
Certificate Holder CANCELLATIONS
SHOULD ANY PART OF THE ABOVE DESCRmED AGREEMENT BE CANCELLED BEFORE THE
EXPlRA TION DATE TIffiREOF, PREFFERRED GOVERMENT AL INSURANCE TRUST WILL
Palm Beach County DOCe SNOEA VOR TO MAIL 60 1>1\ YS WRITTEN NOTICE. OR 10 DAYS WRITTEN NOTICE FOR NON-
Risk Management Dept. PA YMENT OF PREMIUM. TO THE CERTlFlCA TE HOLDER NAMED ABOVE. BUT F AlLURE TO MAIL
SUCH NOT1CE SHALL IMPOSE NO OIlLIGA nON OR LIABILITY OF ANY KIND UPON THE
Richard Cohcn PROGRAM, ITS AGENTS OR REPRESENTATIVES
160 Australian Avenue ~ jrk{
West Palm Beach, FL 33408
AUTHORIZED REPRESENT A TIVE
PGIT-CERT (08/05)
09/2412007
10/11/2007 15:31
5517425041
RISKMANAGEMENT
PAGE 03/05
THIS ENDORSEMENT CHANGES THE AGREEMENT. PLEASE READ IT CAREFULLY.
AUTOMATIC ADDITIONAL COVERED PARTIES
This endorsement modifies coverage provided under the following:
PUBLIC ENTITY AUTOMOBILE COVERAGE PART
PUBLIC ENTITY LIABILITY COVERAGE PART
PUBLIC ENTITY PROPERTY COVERAGE PART
Where indicated by (x) below, coverage applies to the person(s) or organization(s) as their interest may appear. The
provisions in this endorsement do not supersede Florida Statute 768.28, or any other Statute limiting whom a Public
Entity can indemnify.
-X.. ADDITIONAL COVERED PARTY - BY CONTRACT, AGREEMENT OR PERMIT
SECTION II - WHO IS A COVERED PARTY is amended to include any person(s) or organization(s)
(hereinafter caned Additional Covered Party) with whom you agree in a written "insured contract" to name as a
Covered Party, but only with respect to liability arising, in whole or in part. out of your operations, "your work"
or facilities owned or used by you.
The coverage afforded to the Additional Covered Party does not apply:
(1 )Unless the written "insured contract", agreement or permit was executed prior to the "bodily injury,"
"property damage," "personal injury" or "advertising injury;"
(2) To any person(s) or organization(s) included as a Covered Party under this coverage agreement or by
an endorsement made part of this coverage agreement.
..L- ADDITIONAL COVERED PARTY - OWNERS OF LEASED EQUIPMENT
SECTION" - WHO IS A COVERED PARTY is amended to include any person(s) or organization(s)
(hereinafter called Additional Covered Party) with whom you agree in a written equipment lease or rental
agreement to name as a Covered Party, but only with respect to liability arising out of the sole negligence of
the Covered Party, and only while such equipment is in the care, custody or control of the Covered Party, or
any employee or agent of the Covered Party.
The coverage afforded to the Additional Covered Party does not apply to:
(1) "Bodily injury" or "property damage" occurring after you cease to lease or rent the equipment;
(2) "Bodily injury" or "property damage" arising out of any negligence of the Additional Covered Party;
(3) Structural alterations, new construction or demolition operations performed by or on behalf of the
Additional Covered Party;
(4) Liability assumed by the Additional Covered Party under any contract or agreement;
(5) "Property damage" to:
(a) Property owned, used, occupied by, or rented to the Additional Covered Party;
(b) Property in the care, custody or control of the Additional Covered Party or lts employees or agents,
or of which the Additional Covered Party, its employees or agents are for any purpose exercising
physical control.
PGIT 902 (10 04)
Includes copyrtghted material of Insurance Services Office, Inc. with its permission
Page 1
10/11/2007 15:31
5517425041
RISKMANAGEMENT
PAGE 04/05
--L ADDITIONAL COVERED PARTY - MANAGERS OR LESSORS OF PREMISES
SECTION II - WHO IS A COVERED PARTY is amended to include any person(s} or organization(s)
(hereinafter called Additional Covered Party) with whom you agree in a written agreement to name as a
Covered Party, but only with respect to liability arising, in whole or in part, out of the "premises" leased to you
by such person(s)or organlzation(s}.
The coverage afforded to the Additional Covered Party does not apply to:
(1) "Bodily injury" or "property damage" occurring after you cease to be a tenant in that "premises";
(2) "Bodily injury" or "property damage" arising out of any negligence of the Additional Covered Party;
(3) Structural alterations, new construction or demolition operations performed by or on behalf of the
Additional Covered Party;
(4) Liability assumed by the Additional Covered Party under any contract or agreement;
(5) "Property damage" to:
(a) Property owned, used, occupied by, or rented to the Additional Covered Party;
(b) Property in the care, custody or control of the Additional Covered Party or its employees or agents,
or of which the Additional Covered Party, its employees or agents are for any purpose exercising
physical control.
Notwithstanding any other provision of this agreement, nothing in this agreement shall be construed
as a waiver of the Covered Party's sovereign immunity nor shall any provision of this agreement
increase the liability of the covered party, or the sums for which the covered party may be liable,
beyond the limits provided in ~768,28, Florida Statutes,
PGIT 902 (1004)
Includes copyrighted material of Insurance Services Office, Inc. with its permission
Page 2
Department of
Parks and Recreation
2700 6th Avenue South
Lake Worth, FL 33461
(561) 966-6600
Fax: (561) 642-2640
www.pbcparks.com
.
Palm Beach County
Board of County
Commissioners
Addie L Greene. Chairperson
Jeff Koons. Vice Chair
Karen T. Marcus
Robert J Kanjian
Mary McCarty
Burt Aaronson
Jess R. Santamaria
County Administrator
Robert Weisman
"An Equal Opportunity
Affirmative Action Employer-
@ printed on recycled paper
.,
On ~i;Le
V""
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ir IT"'
\ ,. A. .rr-
-ye-'vfO\ It
--
December 3, 2007
IfBJ IE ~ IE U ~ ~JFYI
'U1J. DEe - 7 2001 ~
CITY MANAGER'S OFFICE
Mr. Kurt Bressner, City Manager
City of Boynton Beach
100 East Boynton Beach Boulevard
Boynton Beach, FL 33435
RE: 1996 AND 2002 RECREATION AND CULTURAL FACILITIES BOND - FOR
BOAT CLUB PARK RENOVATION
Dear Mr. Bressner:
Attached for your records is a fully executed original of the funding Agreement in an
amount not to exceed $380,000 from the 1996 and 2002 Recreation and Cultural
Facilities Bond to assist with costs for the Boat Club Park renovation project.
Expenses eligible for reimbursement include renovation or replacement of the
restroom, replacement of picnic shelters and park furnishings, landscaping, and
replacement of handrails on the boardwalk.
Please review the Agreement and the attached Project Checksheet with appropriate
staff to ensure that all requirements are met for project management during project
construction and the entire term of the Agreement, which is until November 19, 2037.
A Status Report Form is attached for the required quarterly project status reports,
and the first status report is due on or before January 10, 2008. You may submit
reimbursement requests each quarter until project completion. Final reimbursement
request and project completion documents need to be received in this office by
November 19, 2010.
Please be aware that compliance responsibilities, including the provision of updated
insurance certificates to this office upon policy expiration/renewal dates, are in effect
until November 19, 2037, which is the end date for the thirty year term of the
Agreeme~. .
If you have any questions about the Agreement or compliance requirements, please
contact Susan Yinger, Administrative Support Manager, at 966-6653. On behalf of
Commissioner Mary McCarty the Board of County Commissioners, we look forward
to assisting the City of Boynton Beach with the construction of improvements to Boat
Club Park.
D~~
Dennis L. Eshleman, Director
Parks and Recreation Department
~ --j
,~ )
w
DLE/SWY: vjk
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C)
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Attachment - Fully executed Agreement
Copy to:
Commissioner Mary McCarty, District 4
Wally Majors, Director of Parks, Boynton Beach
Central File 1..
The City of Boynton Beach
~,.'"
1.':("\
\,,~f
City Clerk's Office
100 E BOYNTON BEACH BLVD
BOYNTON BEACH FL 33435
(561) 742-6060
FAX: (561) 742-6090
e-mail: prainitoj@ci.boynton-beach.fl.us
www.boynton-beach.org
October 10, 2007
SUSAN YINGER
ADMINISTRATIVE SUPPORT MANAGER
DEPARTMENT OF PARKS & RECREATION
2700 6TH AVENUE SOUTH
LAKE WORTH FL 33461
Re: Resolution No. R07-117- 2002 Recreation & Cultural Facilities Bond - Revised
Funding Agreement for Boat Club Park Renovation
Dear Ms. Yinger:
Enclosed please find two original partially executed agreements as described above that
were approved by the City Commission at their regular meeting on October 2, 2007.
Once these documents have been fully executed, please return one original to my office
for our Central File. Thank you.
If there are any questions or concerns, please contact me.
Very truly yours,
CITY OF BOYNTON BEACH
Yn. p~
J et M. Prainito, CMC
ity Clerk
Enclosures
Copy to:
Wally Majors, Debbie Majors, Central File, Follow-up File
S:\CC\WP\AFTER COMMISSION\County Transmittals\2007\R07-117 - 2002 Recreation & Cultural Facilities Bond - Boat Club Park Revised Funding.doc
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