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R94-172RESOLUTION NO. R94-/7~ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE A GRANT RECONCILIATION STATEMENT AND GRANT AWARD AGREEMENT FOR THE SEACREST SCRUB ACQUISITION PKOJECT BETWEEN THE FLORIDA COMI~JNITIES TRUST (FCT) AA~ THE CITY OF BOYNTON BEACH AND PALM BEACH COUNTY; A COPY OF SAID DOCUMENTS ARE ATTACHED HERETO AS COMPOSITE EXHIBIT "A"; AND PROVIDING AN EFFECTIVE DATE. WHEREAS the parties have previously entered into a Conceptual Approval Agreement which sets forth the conditions of conceptual approval that must be satisfied by FCT recipient prior to the receipt of the FCT Preservation 2000 Series t991A Award and the restrictions that are imposed on the Project Site subsequent to its acquisition with the FCT Preservation 2000 Series 1991A award; and WHEREAS, the purpose of this Agreement is to set forth the covenants and restrictions that are imposed on the Project Site subsequent to its acquisition with the FCT Preservation 2000 Bond Proceeds. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The City Commission of the City of Boynton Beach, Florida hereby does authorize and direct the Mayor and City Clerk to execute an Agreement between Florida Communities Trust (FCT), the City of Boynton Beach and Palm Beach County, together with a Reconciliation Statement of Reimbursable Project Costs, which documentS are attached hereto as composite Exhibit "A" Section 2 That this Resolution effective immediately upon passage. shall become ATTEST: Cit~/ Clerk ~ ' PASSED AND ADOPTED this ~ day of ~smRj 1994. Vice ~r (Corporate Seal) Authsig.doc SeacrestScrub. AddVI 8/11/94 <i5-~-z -~/-z,ff -~/ SEACREST SCRUB PURCHASER'S RECONCILIATION STATEMENT OF REIMBURSABLE PROJECT COSTS TOTAL PROJECT COSTS Land Purchase Price Total Land Purchase Price Acquisition Expenses Title Report Title Policy Appraisal Reports Appraisal Boundr¥ Map Appraisal Review Travel Final BOundary Survey Negotiating Fees Environmental Audit Total Acquisition Expenses Total Project Costs $2,050,000.00 $ 125.00 8,225.00 7,750.00(b) 4,000.00 434.73 14,100.00 20,500.00 $ 3,330.00 $2,050,000.00[a) $ 58,464.73 COMPUTATION OF GRANT AW~D AND LOCAL Ma~CH AMOUNT FCT Award Computation Share of Total Project Costs Total Share of Project Costs Palm Beach County L~cal Match Computation Share of Purchase Price $1,080,860.10 Share of Acquisition Expenses 58,464.73 Total Share of Project Costs City of BoFnton Beach Local'Match Computation Share of Purchase Price $ 80,000.00 Total Share of Project Costs Total Project Costs $ 889,139.90 $1,139,324.83 $ 80,000.00 COMPUTATION OF P~RDAIDS, REIMB~_S_.~F~F~S AND_ ADDITIOWan COS~ FLORIDA CO~JNITIES ~UST Appraisal Review Travel, DEP $ 434.73 Total Prepaid Costs $ 434,73 PALM BEACH COUNTY/CItY OF 'BOIg~ONBEACH County/City Prepaid: Project Costs Land Purchase Price Acquisition Expenses Total Prepaid Costs County/City Additional Costs Record Grant Award Agreement Total Additional Costs $2,050,000.00 58r03,0.00 $2,108,030.00 $ 51.00 $ 51.00 FCT Project: #91-022-PLA Date: August 4, 1994 i4.73 SEACREST SCRUB PURCHASER'S RECONCILIATION STATEMENT OF REIMBURSABLE PROJECT COSTS CONTINUED SUMMARY OF REIMBURSEMENT AND ADDITIONAL COSTS Total Project Costs Less County Share of Land Purchase Price Less City Share of Land Purchase Price Less County Share Acquisition Expenses FCT Share of Total Project Costs $2,108,464.73 1,080,860,10 80,000,00 889,3 (c) County Additional Costs RecordGrant Award Agreement Total Additional Costs $ 51.00 $ 888~705-17 Notes: a) The purchase price is 93.18% of the $2,200,000 approved maximum purchase price as setforth in a memorandum dated December 28, 1992, from Wayne Griffin to Barbara J. Rogers. b) Cost of each appraisal: $3,000.00 and $4,750.00. c) Pursuant to the terms of the amended Conceptual Approval Agreement, as approved by Boar action of the Florida Communities Trust in July 1994, the amount'of the grant was increased to $889,139.90 or 50% of the total project cost, whichever is less. The foregoing reconciliation of Purchasers' costs is hereby approved by the undersigned. PALM BEACH COUNTY, a political FLORIDA COMMUNITIES TRUST subdivision of the State of Florida By: ~ Its: LiKda L6o-mi~ Shelley, Chair-'--q~'~ Date: CITY OF BOYNTON BEACH, a municipality within the State of Florida By: Its: Date: FCT Project: ~91-022-P1A Date: August 4, 1994 This instrument prepared by: Ann J. Wild Florida Communities Trust Department of Community Affairs 2740 Centerview Drive Tallahassee, FL 32399-2100 FLORIDA COMMUNITIES TRUST PlA AWARD# 91-022-PLA GRANT AWARD AGREEMENT THIS AGREEMENT is entered into this day of 1994, by and between the FLORIDA COMMUNITIES TRUST ("FCT"), a nonregulatory agency within the State of Florida Department of Community Affairs, and PALM BEACH COUNTY, a political subdivision of the State of Florida, and the CITY OF BOYNTON BEACH, a municipality within Palm Beach County, State of Florida (jOintly referred to as "FCT Recipient"), in order to impose terms,- conditions, and restrictions on the use of the proceeds of certain bonds, hereinafter described, and the lands acquired with such proceeds and as deScribed in Exhibit "A" attached hereto and made a part hereof ("Project Site"), as shall be necessary to a ' ' ensure compliance with ppllcable Florida Law and federal income tax law and to otherwise implement provisions of Chapters 259, 375, and 380, Florida Statutes. WHEREAS, Part III Chapter 380, Florida Statutes, the Florida Communities Trust Act, creates a nonregulatory agency within the Department of Community Affairs, which will assist local governments in bringing into compliance and implementing the conservation, recreation and open space, and coastal elements of their comprehensive plans and in otherwise conserving natural resources and resolving land use conflicts by providing financial assistance to local governments to carry out projects and activities authorized by the Florida Communities Trust Act; WHEREAS, Section 259.101(3) (c), Florida Statutes., provides for the distribution of ten percent (10%) of the net Preservation 2000 Revenue Bond proceeds to the Department of Community Affairs to provide land acquisition grants and loans to local governments through the FCT; WHEREAS, the Governor and Cabinet authorized the sale and issuance of Skate of Florida Department of Natural Resources Preservation 2000 Revenue Bonds (Bonds); GAA/022/P1A FIN/9/14/94 WHEREAS, the Bonds were issued as tax-exempt bonds, meaning that the interest on the Bonds is excluded from the gross income of Bondholders for federal income tax purposes; WHEREAS, Rule 9K-4.010(2) (e), F.A.C., authorizes FCT to impose conditions for funding on those projects have been selected for funding in with Rule Chapter 9K-4, F.A.C.; WHEREAS, the FCT has approved the terms under which the Project Site was acquired by the FCT Recipient and the Project Site shall be subj~ sufficient to times .es 9, Artici rE of title Internal Reci~ purposeS; covenants and restrictions as are ~t the use of the Project Site at all .ion 375 Cons providing for o th~ upon the fa~ FCT Project Site acqu~ such and Section and an WHEREAS covenants and restrictions shall which shall describewith is ect to the agreement the real property is iocat real :orded WHEREAS, the purpose of this Agreement is to set forth the covenants and restrictions that are imposed on the] ect Site subsequent to its acquisition with the FCT Pre 2000 Bond Proceeds, NOW TH undel ackn~ as folilows: in consideration of the mutual covenants and ble hereby · FCT and andi agree I. GENERAL CONDITIONS. 1. Upon execution and delivery by the parties hereto, the FCT 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, and shall pay all fees and charges incurred in connection therewith. 2. The FCT Recipient and FCT agree that the State of Florida Department of Environmental Protection will forward this Agreement to Department of Environmental Protection Bond Counsel for review. In the event Bond Counsel opines that an amendment GAA/022/P1A FIN/9/14/94 2 is required to this so'that the tax exempt status of the Preservation 200~ Bonds is not jeopardized, FCT and FCT Recipient shall amend the Agreement accordingly. 3, This Agreement may be amended at any time. Any amendment must be set forth in a written instrument and agreed to by both the FCT Recipient and FCT. covenants and restrictions the Property herein described and shall bind, and the benefits shall inure to, respectively, the FCT and the FCT Recipient and their respective successors and assigns. shall be governed by and construed in accordance laws of the State of Florida, with respect to both substantive rights and with respect to procedures and remedies. 6. Any notice required to be given hereunder shall be given by personal delivery, by registered mail or by registered expedited service at the addresses specifiedbelow or at such other addresses as may be specified in writing by the parties hereto, and any such notice shall be deemed received on the date of d~livery if by personal delivery or expedited delivery service,or upon actual receipt if sent by registered mail. FCT: F.~T Recipient: Florida Communities Trust Department of Community Affairs 2740 Centerview Drive Tallahassee, FL 32399-2100 ATTN: Executive Director City of Boynton Beach ATTN: Palm Beach County ATTN: 7. If any provision of the Agreement shall be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired. GAA/022/PlA FIN/9/14/94 II. PROJECT SITE REQUIREMENTS IMPOSED BY CHAPTER 259, CHAPTER 375, AND CHAPTER 380, PART III, FLORIDA STATUTES. agreement is with the does not violation, fee simp If any essential term or condition of this grant party ecipient m of the ite 1 erty in approvail rE the with the the e Proj The interest, if any, acquired by the FCT Re serve any ~ approves in the FCT 4. iIf th reas with the which Proje accept title to.a or nonpr interest in and for any Lired es of :s an ization ~e the 5. In destroyed taken by any of the shall d~posit co] repl CO~S1 insurance provide FCT Recipient repair, notice any rebuild occurren~ce he· ject Site is damaged or · or any part thereof, is the exercise or the threat domain, the. FCT Recipient proceeds or any commence to rebuild, ect Site in such manner as is FCT shall make any such award-moneys available to' l~work. In the event that the to complete the rebuilding, of the Project Site after have the right, in addition to , to repair, restore, so as to prevent the N( to seek s restrictionS this operation of the Project Site. 'oing, FCT will have the right of the covenants and concerning the construction and GAA/022/P1A FIN/9/14/94 4 III. PROJECT SITE OBLIGATIONS IMPOSED BY FCT ON THE FCT RECIPIENT. ~'~ 1. The Project Site shall be managed only for the conservation, protection and enhancement of natural and historical resources and for public outdoor recreation which is compatiblewith the conservation, protection and enhancement of the ProjeCt Site, along with other related uses necessary for the accomplishment of~this purpose. The proposed uses for the Project Site are specifically designated in the Project Plan as approved by FCT. 2. The FCT Recipient shall prepare and submit to FCT an annual report as required by Rule 9K-4.013, F.A.C. 3. The FCT Recipient shall ensure that the future land use designati°n 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 FCT Recipient's plan is required to comply with this paragraph, the 11 be proposed at.the next comprehensive plan :le available to the FCT Recipient. 4. FCT Recipient shall ensure, andiprovide 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 andltheadopted 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. 5. The FCT Recipient shall, through its agents and employees, prevent the unauthorized use of the Project Site or any use thereof not in conformity with the FCT approved project plan. 6. FCT staff or its duly authorized representatives shall have the right at any time to inspect the Project Site and the operations of the FCT Recipient at the 'Project Site. 7. Ail buildings, structures, improvements, and signs shall require the prior written approval of FCT as to purpose. Further, tree removal, other than non-native species, and/or major land alterations shall require the written approval of FCT. The approvals required from FCT shall not be unreasonably with- held by FCT upon sufficient demonstration that the proposed structures, b~ildings, improvements, signs, Vegetat~°n removal or land alterations will not adversely impact the natural resources of the Project Site. The approval by FCT of 'the FCT Recipient,s GAA/022/P1A FIN/9/14/94 5 management plan addressing the items mentioned herein shall be considered written approval from FCT. ProjE Flc Site If archaeological and historic sites are. located on the shall comply with Chapter 267, artifact~ ect on identified resource- literatureand advertisin Recipient being. from FCT The FCT Recipient shall ensure that the been Site is ~ e FCT as IV. FCT RECIPIENT AS PURCHASE BOND 1. If the.Project Site is ~to'remain acqUisition by.the State and the FCT!Recipient, below interests,~ the~FCT provide interest priori provide to~FCT.such information with reasonably requests inorder to evaluate sequences of such activity or interest: its shall itY or Lx con- a. any 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 to a non-governmental person or organization; c. any sales ~ontract or option to buy ,things attached to the Project site to'be Severed from the prOject Site, with a non-governmental person or organization; d. anyuse of the Project Site by non-governmental persons other than in such person's capacity as a member of the general public; e. a management contract of the Project Site with a non-governmental person or.organization; and GAA/022/P1A FIN/9/14/94 6 f. such other activity or interest as may be specified from time to time in writing by FCT to the FCT Recipient. 2. FCT Recipient agrees and acknowledges that the following transaction, events, and circumstances may not be permitted on the Project Site'as they may have negative legal and tax consequences under Florida law and federal income tax law: a. a sale of the Project Site or a lease of the Project Site to a non-governmental person.or organization; b. the operation of a concession on the Project Site by a non-governmental person or organization; c. a sale of things attached to the Project Site to be severed from the Project Site to a non-governmental person or organization; d. 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;- e. any use of the Project Site by non-governmental persons other than in such person's capacity as a member of the general public; f. a management contract of-the Project Site with a ~non-governmental person or organization; and g. such other activity or interest as may be specified from time to time in writing by FCT to the FCT Recipient. DELEGATIONS AND CONTRACTUAL ARRANGEMENTS BETWEEN THE FCT RECIPIENT AND OTHER GOVERNMENTAL BODIES, NOT FOR PROFIT ENTITIES, OR NON GOVERNMENTAL PERSONS FOR USE OR MANAGEMENT OF THE PROJECT SITE WILL IN NO WAY RELIEVE THE FCT 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. V. CONDZTZONS THaT ARE PARTICULAR TO THE PRO~ECT BITE AS A RESULT OF THE FCT APPROVED MANA~~ PLAN. 1. ThelFCT Recipien~ shall ensure that the public has adequate access to the Pro]ect Site for passive resource-based outdoor recreation to the extent that the Project Site's natural resources are not adversely affected. GAA/022/P1A FIN/9/14/94 2. The timing and extent of a vegetative survey for the Project Site shall be specified in the management plan to determine the measures the FCT Recipient must take to restore and/or preserve the Project Site. O( e and oak scrub vegetative communitieS that Site shall be preserved, and appropriately .ties. ve utilize or parti, preVent requiring a a manner that will [es~that ient Veh Lre ,,'it is 0 foot wide'mowed and .cleared buffer waived and to restore these areas. pro(. m as an )f aqu ino ~sion These of the PrOjeCt Site's 6. The FCT Recipient shall ensure that passive resource- based'recreationallfacilities such as nature trails and environmental education facilities are provided on the Project site. 7. The FCT Recipient shall include in its annual report to FCT a status report on density creditspurchased from the Project Site as part of Palm Beach County's Transferrable Development Rights Program. THIS GRANT AWARD AGREEMENT embodies the entire Agreement between the parties. GAA/022/P1A FIN/9/14/94 IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement. Witness: City of Boynton Beach, a municipality within Palm Beach County, State of Florida, Witness Name: Witness Name: BY: Its: Date: Attest: Clerk Accepted as to Legal Form and Sufficiency: Date: Witness: Witness Name: Witness Name: Palm Beach Cou/~ty, a political subdivision of the State of Florida, BY: Its: Date-. Attest: Clerk Accepted as to Legal Form and Sufficiency: Date: GAA/022/PlA FIN/9/14/94 9 Witness: itness Name: F~R, IDA~~~~COMMUNITIES TRUST Linda Loomis Shelley, Chaif~ Accepted as to Legal Forla and Cuff.' ciencyA . A~n J. WildJ Trust Counsel Date: ~-~'/~ -q/-~ STATE OF FLORIDA COUNTY OF LEON { The foregoing instrument was acknowledged before, me this day of ~~/. , 1994, by LINDA. LOOMIS SHELLEY, as Chair of the ~ F~°r'i~%%~~tiesx~?.c %- ~.~--='~ True__She i~ ~ersonally~ _ ~ kno~ to me. .~ ~ ... ... = --= Commission NO. ~dc ~/& $~ ~ :'. -~5%q /~ My COmmission Expires: G/~/f~ ?/~-' ~ DI ,~, ~ ~x~~ STATE OF FLORIDA CO~TY OF P~ B~CH The foregoing instrument was acknowledged before me this day of , 1994, by . , as of the City of Boynton Beach, a municipality within Palm Beach County, State of Florida. He\She is personally known to me. Notary Public Print Name: Commission No. My Commission Expires: GAA/022/P1A FIN/9/14/94 10 STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me this day of , 1994, by as of Palm Beach County, a political subdivision of the State of Florida. He\She is personally known to me. Notary Public Print Name: Commissioh No. My Commission ExpSres: GAA/022/P1A FIN/9/14/94 11 EXHIBIT That part of the Southwest'qUarter of Government Lot 2 lying West of the Florida'EastlCoast RailwaY right-of-wa ~ with the South half of Government Lot 3, the 4, that part of quarter of the Florida East the lying in County lying withi County of Pa as )age 234. of the Southwest the quarter of all Beach Lot 4 the GAA/O22/P1A FIN/9/14/94 12